Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 273

ISSN 0378-6986
# Officiai Journal C 273

Volume 38
### of the Communities 18 October 1995

Volume 38

### of the European Communities

###### Engiish edition Information and Notices

Notice No Contents p âge

I Information

European Parliament

Written Questions with answer

95 / C 273 / 01 P-29 / 95 by Yiannis Roubatis to the Council
Subject : Customs union between the European Union and Turkey 1

95 / C 273 / 02 E-621 / 95 by Charlotte Cederschiôld to the Commission
Subject : Measures to combat drugs 2

95 / C 273 / 03 E-701 / 95 by Peter Crampton to the Council
Subject : Council proposals in the field of common foreign and security policy, 1994 2

95 / C 273 / 04 E - 7 99 / 95 by Carole Tongue to the Council
Subject : Application for membership of the European Union from Cyprus 3

95 / C 273 / 05 E-872 / 95 by Sérgio Ribeiro to the Commission
Subject : Red tape affecting nationals of European Union Member States living in other Member
States 3

95 / C 273 / 06 E-906 / 95 by Markus Ferber to the Commission
Subject : EU social and regional fund support for Bayerisch Schwaben ( Supplementary answer ) 4

95 / C 273 / 07 E-966 / 95 by Amedeo Amadeo to the Commission
Subject : Technology transfers 4

95 / C 273 / 08 E-973 / 95 by Pat Gallagher to the Commission
Subject : Extension of code restricting subsidies in the man-made fibres sector 4

95 / C 273 / 09 E-1007 / 95 by Salvatore Tatarella to the Commission
Subject : Lottomatica consortium 5

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E-1037 / 95 by Karin Starrin to the Commission
Subject : Action to reduce ' tourist ' drug smuggling

E-104 5 / 95 by Nikitas Kaklamanis to the Commission
Subject : Commission condemnation of Greek cement manufacturers

E-10 95 / 95 by James Nicholson to the Council
Subject : Imprisonment in Nigeria of Ken Saro-Wiwa

E - 1 122 / 95 by Christine Crawley to the Council
Subject : Street children in Guatemala

E - 1 162 / 95 by Helwin Peter to the Commission
Subject : Seizure of lorries and arrest of drivers at the French border

E-l 167 / 95 by Jean-Claude Pasty to the Commission
Subject : Free movement of goods . Freight transport : special authorization

E-l 174 / 95 by Hiltrud Breyer to the Commission
Subject : HUS-Syndrome

E-1273 / 95 by Christine Oddy to the Commission
Subject : Zero rating of VAT for newspapers and magazines

E-1298 / 95 by Carlos Robles Piquer to the Commission
Subject : Flour supplies to Kyrgyzstan and Tadjikistan

E-1299 / 95 by Carlos Robles Piquer to the Commission

Subject : The Japanese growth model

E-1304 / 95 by Catherine Trautmann to the Commission
Subject : Free movement of blind people in the Union

E-1310 / 95 by Marie-Paule Kestelijn-Sierens to the Commission
Subject : Application of strict nitrate standards to cabbage lettuce in Germany

E - 131 8 / 95 by Nel van Dijk to the Commission
Subject : Smear campaign against environmental organizations in the Czech Republic

E-l 3 1 9 / 95 by Jean Gol to the Commission
Subject : Flarmonization of VAT rates

E - 1 330 / 95 by Alexander Langer to the Commission
Subject : Conditions for the transport of animals — specific cases in Italy

E-1371 / 95 by Salvador Garriga Polledo to the Commission
Subject : 1994 Community Initiative Programmes

E-1408 / 95 by Mark Watts to the Council
Subject : Human rights in Guatemala

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95 / C 273 / 27 E - 1 4 12 / 95 by Claude Desama to the Commission
Subject : Bill on containers of liquids for human consumption in Luxembourg 17

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E-1415 / 95 by Florus Wijsenbeek to the Commission
Subject : Seizure of foreign car in Portugal 17

E-1426 / 95 by José Valverde Lopez to the Commission
Subject : Support for scientific and technical policy 18

95 / C 273 / 30 P-1432 / 95 by Glyn Ford to the Commission

Subject : VAT on research programmes 18

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E - 1 442 / 95 by Christine Oddy to the Council
Subject : Persecution of Suryianis in south-east Turkey 18

E - 1 449 / 95 by Christine Oddy to the Council
Subject : Child soldiers 19

E-1460 / 95 by Gianfranco Dell'Alba to the Council
Subject : Attack on a Radical Party activist 19

95 / C 273 / 34 E-1488 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Schengen Agreement 20

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E-1500 / 95 by Sérgio Ribeiro / NGL ) to the Commission
Subject : Construction of the Pousada ( Inn ) in Ourém ( Portugal ), a project to be carried out ( under
way ?) with Community Funding ( Supplementary answer ) 20

E-1505 / 95 by Edith Müller to the Commission
Subject : Commission recommendation on the taxation of income of frontier-zone workers ... 21

P - 1 5 13 / 95 by Poul Schlüter to the Commission
Subject : Refund of tax on C0 2 emissions 21

E-1539 / 95 by André Sainjon to the Commission
Subject : Snap-on takeover of Eurotools 22

95 / C 273 / 39 E-154 9 / 95 by Encarnación Redondo Jiménez to the Commission

Subject : End of the exceptional regime of Article 129 of the Adhesion Act of the Kingdom of Spain
to the European Communities 22

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E-1552 / 95 by Alexandros Alavanos to the Council
Subject : Absence of EU leaders at the military parade in Moscow 23

95 / C 273 / 41 E-1570 / 95 by Giles Chichester to the Commission

Subject : Milk quotas 23

95 / C 273 / 42 E - 1 589 / 95 by Gerardo Fernandez - Albor to the Commission
Subject : Establishment of the post of European University Ombudsman 24

95 / C 273 / 43

EN

E - 1 592 / 95 by Alexandros Alavanos to the Commission
Subject : Women's studies in the fourth Community Action Programme for Equal Opportunities for
Women and Men 24

( Continued overleaf )

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EN

E-l 595 / 95 by Alexandros Alavanos to the Commission
Subject : Special characteristics of the dried fodder sector in Greece and amendment of Council
Regulation ( EC ) No 603 / 95

E-1607 / 95 by Edward McMillan-Scott to the Commission
Subject : Frontier checks for train passengers using the Channel Tunnel

E-l 6 1 6 / 95 by Anita Pollack to the Commission
Subject : Environment and energy efficiency

E-l 61 7 / 95 by Raymonde Dury to the Commission
Subject : Double social security contributions

E-l 620 / 95 by Gérard Deprez to the Commission
Subject : Directive 64 / 433 / EEC and possible confusion about the origin of slaughtered animals

E-l 632 / 95 by Stephen Hughes to the Commission
Subject : European workplace week — March 1996

E-163 5 / 95 by Amedeo Amadeo to the Commission
Subject : The sugar market

E - 1 643 / 95 by Amedeo Amadeo and Spalato Belleré to the Commission
Subject : Free movement of doctors

E - 1 644 / 95 by Amedeo Amadeo and Spalato Belleré to the Commission
Subject : Free movement of doctors

E - 1 645 / 95 by Amedeo Amadeo and Spalato Belleré to the Commission
Subject : Free movement of doctors

Joint answer to Written Questions E-1643 / 95, E-1644 / 95 and E-1645 / 95

E - 1 653 / 95 by Karl Schweitzer to the Commission
Subject : Ebola and Marburg viruses — epidemic in Africa

E - 1 660 / 95 by Mathias Reichhold to the Commission
Subject : Rape seed cultivation in Austria

E - 1 66 1 / 95 by Mathias Reichhold to the Commission
Subject : Labelling of genetically engineered food products

E-1665 / 95 by Mark Killilea to the Commission
Subject : New research programme to predict floods

E-1670 / 95 by Peter Crampton to the Commission
Subject : Role of the Agricultural Advisory Committee of Ecosoc

E-l 675 / 95 by Peter Crampton to the Commission
Subject : Use of hormones in beef cattle

E-1677 / 95 by Glyn Ford to the Commission
Subject : Humane killing

E-l 678 / 95 by Glyn Ford to the Commission
Subject : Leghold traps

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95 / C 273 / 62 E-1679 / 95 by Glyn Ford to the Commission
Subject : Article 3(1 ) of Council Regulation ( EEC ) No 3254 / 91 33

95 / C 273 / 63 E-1680 / 95 by Glyn Ford to the Commission
Subject : Council Regulation ( EEC ) No 3254 / 91 33

95 / C 273 / 64 E-1681 / 95 by Glyn Ford to the Commission
Subject : Import ban under Council Regulation ( EEC ) No 3254 / 91 33

95 / C 273 / 65 E-1682 / 95 by Glyn Ford to the Commission
Subject : Humane trapping standards 33

95 / C 273 / 66 E-l 683 / 95 by Glyn Ford to the Commission
Subject : Commission Regulation ( EEC ) No 1771 / 94 33

Joint answer to Written Questions E-1677 / 95, E-1678 / 95, E-1679 / 95, E-1680 / 95,

E-1681 / 95, E-1682 / 95 and E-1683 / 95 33

95 / C 273 / 67 E-1685 / 95 by Anita Pollack to the Commission
Subject : EU / Asia Summit 34

95 / C 273 / 68 E-1702 / 95 by Jacques Donnay to the Commission
Subject : Differences between Member States concerning the implementation of Community
Directives 34

95 / C 273 / 69 E-l 704 / 95 by Sérgio Ribeiro to the Commission
Subject : European Social Fund assistance to Portugal ( Banco Comercial Português and unequal
treatment ) 35

95 / C 273 / 70 E-l 720 / 95 by Inigo Méndez de Vigo to the Commission
Subject : Fisheries agreement and Greenland halibut 35

95 / C 273 / 71 E-l 721 / 95 by Inigo Méndez de Vigo to the Commission
Subject : Fourth round of EU-Morocco fisheries negotiations 36

95 / C 273 / 72 P-1740 / 95 by André Laignel to the Commission
Subject : Agriculture — Commission proposals to settle agri-monetary problems 36

95 / C 273 / 73 E-1743 / 95 by Rosemarie Wemheuer to the Commission
Subject : The flame-proofing substance Antimon 37

95 / C 273 / 74 E-1745 / 95 by Mair Morgan to the Commission
Subject : Use of SPOT satellite services in combating EU fraud 38

95 / C 273 / 75 E-1757 / 95 by John Cushnahan to the Commission
Subject : European Information Centres 38

95 / C 273 / 76 E-l 763 / 95 by Joaquin Sisô Cruellas to the Commission
Subject : ERDF aid to Aragon under Objective 2 — 1994 — 1996 39

95 / C 273 / 77 E-1 775 / 95 by Riccardo Nencini to the Commission
Subject : Employment crisis 39

95 / C 273 / 78 E-l 778 / 95 by Flelena Torres Marques to the Commission
Subject : Reports by the Portuguese Government on fraud involving Community funds 40

EN

( Continued overleaf )

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95 / C 273 / 79 E - 1 782 / 95 by Karl Schweitzer to the Commission
Subject : Brenner base tunnel 40

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E-1783 / 95 by Shaun Spiers and Richard Balfe to the Commission
Subject : Venue for the celebration of the millennium 41

E-l 785 / 95 by Marco Cellai to the Commission
Subject : Loans taken out in ECU by Italian savers 41

P-l 794 / 95 by Christa Randzio-Plath to the Commission
Subject : Structural Funds and equal opportunities 42

E-l 808 / 95 by Nel van Dijk to the Commission
Subject : Exemption from the legal minimum wage in the Netherlands 43

E-1810 / 95 by José Apolinário to the Commission
Subject : Allocation of the plainbonito quota granted to the European Union for 1995 44

E-l 823 / 95 by Carlos Robles Piquer to the Commission
Subject : The Spanish ' Picos de Europa ' National Park 44

E-l 826 / 95 by Jesus Cabezón Alonso to the Commission
Subject : Arrangements for temporary officials 44

P-l 837 / 95 by Spalato Belleré to the Commission
Subject : Directive on homeopathic medicine 45

E-l 860 / 95 by Helena Torres Marques to the Commission
Subject : Reduction in 1994 resources for vocational training in Portugal 45

E-l 862 / 95 by Honório Novo to the Commission

Subject : Prodep II sub-programme 46

E-l 863 / 95 by Honório Novo to the Commission
Subject : Amendments to the Pronorte Sub-programme B Regulation 47

E-l 884 / 95 by Alex Smith to the Commission
Subject : Recruitment of teachers and freedom of movement of workers 47

E-l 887 / 95 by Leen van der Waal to the Commission
Subject : Banning of non-Slovak language church services in Slovakia 47

E-l 909 / 95 by Bill Miller to the Commission
Subject : Intergovernmental Conference 48

E-l 910 / 95 by Bill Miller to the Commission
Subject : Intergovernmental Conference 48

E - 1 920 / 95 by Cristiana Muscardini to the Commission

Subject : Comparative advertising 49

95 / C 273 / 96 E-l 978 / 95 by Jannis Sakellariou to the Commission
Subject : Treatment of Tibetan refugees by the Nepalese police 49

95 / C 273 / 97 E-l 98 1 / 95 by Iñigo Méndez de Vigo to the Commission

Subject : NAFO Agreements 49

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( Continued on inside back cover )

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E-1982 / 95 by Giuseppe Rauti to the Commission
Subject : Losses by the Italian State tobacco company

E-198 5 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Use of languages in ESF Horizon project applications

P-1989 / 95 by Mair Morgan to the Commission
Subject : Diversification of hill farms

E-2028 / 95 by Willi Rothley to the Commission

'
Subject : Directive 77 / 187 / EEC — Employees rights in the event of transfers of undertakings

E-2055 / 95 by Imelda Read to the Commission
Subject : Organizations miss-using cover of charitable status

P-2070 / 95 by Elisabeth Schroedter to the Commission
Subject : Non-implementation of Council Directive 85 / 337 / EEC on the assessment of
environmental effects in part of a Member State — namely, the five new Lander in the Federal
Republic of Germany

P-2080 / 95 by Ivar Virgin to the Commission
Subject : De-regulation of the CAP

P-2100 / 95 by Brigitte Langenhagen to the Commission
Subject : New regional programmes under Objectives 1 and 2 of Community structural policies

E-2104 / 95 by Amedeo Amadeo to the Commission

Subject : Measures to combat fraud

E-2107 / 95 by Amedeo Amadeo to the Commission
Subject : Human rights

E-21 12 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Combating fraud within the Union

P-2158 / 95 by Joaquim Miranda to the Commission
Subject : Aid to alleviate the drought in Portugal

E-21 67 / 95 by Alexandras Alavanos to the Commission
Subject : Measures in respect of type I-diabetes

P-2268 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Compliance with European Directives in the case of the dismissal of 480 employees by Lee
in Ypres

E-2300 / 95 by Michl Ebner to the Commission
Subject : Allocation of EU resources to South Tirol ( Italy )

E-2340 / 95 by Michl Ebner to the Commission
Subject : Allocation of EU appropriations to Trentino ( Italy )

E-23 59 / 95 by Peter Crampton to the Commission
Subject : EU research funding — UK universities

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18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION P-29 / 95

by Yiannis Roubatis ( PSE )

to the Council

( 12 January 1995 )

( 95 / C 273 / 01 )

Subject : Customs union between the European Union and

Turkey

On 15 December 1994 the European Parliament adopted
by a large majority a resolution on the trial of Kurdish
members of the Turkish Parliament .

Paragraph 6 of the resolution calls on the Council of
Ministers forthwith to suspend negotiations regarding the
establishment of a customs union between Turkey and the
European Union .

The current Presidency of the European Union has
announced that the EC-Turkey Association Council will
meet on the 6 / 7 March in order to consider the question of
the customs union .

Will the Council say :

1, why Parliament's wishes in this matter have been

ignored,

. 2, why basic principles which should inform relations

between the European Union and third countries, such
as respect by the latter for human rights, tolerance and
freedom of expression are being ignored,

3, why it is turning a blind eye to the continuing

occupation by Turkish armed forces of part of the
Republic of Cyprus, a member of the United Nations
and a State linked to the European Union by association
agreement and, finally

4, why, given the present state of affairs and the fact that
nothing has changed in Turkey since the day when
Parliament condemned this country, the President of the
Council is insisting on convoking a meeting of the
Association Council ?

(') Minutes 43, 15 . 12 . 1994, p . 52 .

Answer

(7 September 1995 )

The EC-Turkey Association Council meeting on 6 March
last noted the existence of political agreement on the text of
a draft Association Council Decision on customs union . If
that draft is to be implemented, it must receive the assent of
the European Parliament, which has made its endorsement
conditional upon the achievement of considerable progress
on human rights and democratization in Turkey .

The Presidency noted at the last Association Council
meeting on 6 March that closer relations between Turkey
and the European Union depended politically on positive
developments in human rights and measures related to
institutional reform . That is, naturally, one of the topics of
common interest which will in future be covered by the
enhanced political dialogue .

Turkey is well aware of the Union's position on human
rights and that topic has already been the subject of a
number of declarations to which the Honourable Member
may usefully refer . In addition, the Union has insisted on
numerous occasions in recent months that Turkey should
honour the commitments that it entered into to make major
advances on the path of constitutional and legislative
reform .

No C 273 / 2 EN Official Journal of the European Communities 18 . 10 . 95

WRITTEN QUESTION E-621 / 95

by Charlotte Cederschiôld ( PPE )

to the Commission

(9 March 199 S )

( 95 / C 273 / 02 )

Subiect : Measures to combat drugs

Drug trafficking is a serious global problem and Europe is
increasingly under threat as the major producers for the
American market intensify their search for new markets .

Freedom of movement across borders is under threat from

international crime . European cooperation is in need of new
initiatives to combat a trend that can threaten, debilitate and
kill many of the EU's younger generation .

Free availability of drugs in one Member State is perceived
as a threat by people in other Member States, even at the
level of allowing hashish to be grown on a commercial basis
rather than for personal use . The Commission has an
important educational task as regards the perception of
trade in narcotics in order to protect freedom of movement
to the utmost .

What measures does Commissioner Gradin intend to take to
help increase awareness of the threat involved in the drug
issue and to clarify how legalization may further promote
trade in narcotics ?

Answer given by Mrs Gradin
on behalf of the Commission

( 19 June 1995 )

The Commission would first refer the Honourable Member
to its reply to Written Question E-268 / 95 from Mr
Fernandez Albor ( l ). This demonstrates that the
Commission fully shares the importance which the
Honourable Member attaches to the fight against drugs .

In addition to the global action plan presented by the
Commission in June 1994 to the Parliament and the
Council, to which reference is made in its earlier reply to Mr
Fernandez Albor, the Commission would also draw
attention to two significant new agencies which will
contribute to this fight :

( i ) the Europol drugs unit in The Hague which has now

been in operation since the beginning of 1994 . Its first
priority is the drugs question . It is the first stage
towards the establishment of Europol itself . Work on
the convention needed for this purpose is being actively

pursued in the Council . The Commission looks
forward to the rapid completion of these negotiations
so that Europol can be equipped with the instruments it
needs to play the key part foreseen for it ;

( ii ) the European monitoring centre on drugs and drug
addiction even more recently established in Lisbon
which is beginning its work . It will have a valuable
contribution to make, particularly to the important
reduction of demand for drugs . It will also contribute to
enhancing public awareness by publishing an annual
report designed to provide reliable and comparable
information on drugs at European level . This will be to
the benefit of decision-makers, professionals working
in the field, including lawyers and social workers, and
members of the public alike .

( ] ) OJ No C 175, 10 . 7 . 1995 .

WRITTEN QUESTION E-701 / 95

by Peter Crampton ( PSE )

to the Council

( 13 March 199 S )

95 / C 273 / 03 )

Subject : Council proposals in the field of common foreign

and security policy, 1994

How many proposals for legislation and regulations in the
field of common foreign and security policy were brought
forward by the Council in 1994 and which Member States
put forward the proposals ?

Answer

(7 September 1995 )

In 1994 the Council took decisions concerning nine joint
actions and eight common positions . Under Article J-8(3 )
any Member State or the Commission may submit
proposals to the Council .

The Presidency, whose role is defined by Article J. 5, was
held during the first half of 1994 by Greece and during the
second half by Germany . It was responsible for developing
and managing the initiatives which led to the formal
adoption of the joint actions and common positions .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 3

WRITTEN QUESTION E-799 / 95

by Carole Tongue ( PSE )

to the Council

( 17 March 1995 )

( 95 / C 273 / 04 )

Subject : Application for membership of the European

Union from Cyprus

What stage has been reached regarding the application by

Cyprus for membership of the European Union, and what
investigations are being undertaken into alleged abuses of
human rights committed by the authorities in Cyprus ?

Answer

have required them to produce 12 ( ! ) documents in duplicate
in order to renew their residence permit .

To meet this bureaucratic requirement, the Portuguese
nationals have to waste three working days at the
' préfectures ', in addition to all the work which the
documents entail .

Furthermore, the fact that this is only true of certain
préfectures makes it even more unacceptable, proving the
arbitrary nature of such decisions .

Will the Commission question the Member State concerned
about such practices in order to put an end to them ?

Answer given by Mr Monti
(7 September 199 S ) on behalf of the Commission

( 13 June 1995 )

On 6 March 1995, in the context of an overall discussion,
the Council reached conclusions concerning Cyprus's
application . The issuing of a residence permit to a

The Council took the view that, under the conditions it had
defined, the accession negotiations with Cyprus would
begin, on the basis of Commission proposals, six months
after the conclusion of the 1996 Conference and taking the
results of the Conference into account . The Government of

Cyprus was informed of these conclusions at the meeting of
the Association Council on 12 June 1995 .

The step taken by the President of the French Republic, the
President of the European Council, of inviting Cyprus to
meet the Member States ' heads of State or Government at

the European Council in Cannes is a further sign of the
Union's commitment to a process aimed at reinforcing the
special relationship that we have already .

As the second part of the question, the Council has not been
informed of the allegations to which the Honourable
Member refers .

WRITTEN QUESTION E-872 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

( 29 Marcb 1995 )

( 95 / C 273 / 05 )

Subject : Red tape affecting nationals of European Union

Member States living in other Member States

Certain Portuguese nationals living in France, whose
position as regards work and residence permits is perfectly
in order, have complained that some French ' préfectures '

The issuing of a residence permit to a national of a Member
State carrying on an economic activity is subject to
production by the person concerned of a valid identity card
or passport and proof of the activity in question . In the case
of employed persons, Article 4(3 ) of Directive 68 / 360 / EEC
of 15 October 1968 on the abolition of restrictions on

movement and residence within the Community for
workers of Member States and their families f 1 ) provides
that such proof is to take the form of a confirmation of
engagement from the employer or a certificate of
employment . For self-employed persons, since Directive
73 / 148 / EEC of 21 May 1973 on the abolition of restrictions
on movement and residence within the Community for
nationals of Member States with regard to establishment
and the provision of services ( 2 ) does not specify what means
of proof of economic activity should be provided, the Court
of Justice concluded in the judgment it gave on 5 February

1991 in Case C-363 / 89 that ' evidence may be adduced by
any appropriate means '.

The documents to be produced ( an identity document and
proof of economic activity ) are listed exhaustively in the
Directives, as the Court confirmed in the above judgment .
This means that the national authorities cannot require
other documents in support of an application for a residence
permit .

Residence permits for employed and self-employed persons
must, in accordance with the Directives, be automatically
renewable ; national authorities cannot therefore require
documents other than an identity document and proof of
maintenance of the economic activity for which the first
residence permit was issued or, where appropriate, proof of
the new economic activity being carried on .

The practices described by the Honourable Member have
already been brought to the Commission's attention
through various letters and complaints by individuals . It has
pointed out to the French authorities that such practices are

No C 273 / 4 EN Official Journal of the European Communities 18 . 10 . 95

incompatible with Community law and has called on them WRITTEN QUESTION
to take the appropriate measures to ensure that Community by Amedeo Amadeo ( NI )
law is fully complied with throughout French territory . The to the Commission
Commission reserves the right, should such practices
persist, to initiate infringement proceedings under ( 31 March 1995 )
Article 169 of the EC Treaty . 95 / C 273 / 07

WRITTEN QUESTION E-966 / 95

to the Commission

( 31 March 1995 )

( 95 / C 273 / 07 )

H OJ No L 257, 19 . 10 . 1968 .

( 2 ) OJ No L 172, 28 . 6 . 1973 . Subject : Technology transfers

WRITTEN QUESTION E-906 / 95

by Markus Ferber ( PPE )

to the Commission

( 29 March 1995 )

( 95 / C 273 / 06 )

Subject : EU social and regional fund support for Bayerisch

Schwaben

Can the Commission provide the following information on
the EU's financial and economic support for the
administrative region of Bayerisch-Schwaben :

1 . How much funding — broken down by Fund and

Community initiative — has this region received from
the EU Structural Funds over the last five years ?

2 . How much of this funding was for agriculture ?

3 . How much EU research funding has this region received
in the last five years ?

4 . How much funding for education and training has the

EU given this region over the last five years ?

5 . How many jobs have been created in this region in the

last five years with the help of EU economic and regional
aid ?

6 . What funding has been granted for pilot projects in this

region on the basis of EU budget lines, for example for
energy and the environment ?

With regard to the draft regulation on energy transfer
agreements, does the Commission not consider the
establishment of a five-year period of territorial protection
against passive sales for the company issuing the licence and
the company receiving it to be inadequate ; does it not
consider that protection should instead be provided against
active sales by a licensee ? (A potential licensee would not
invest without having the opportunity to create his own
market ).

Answer given by Mr Van Miert

on behalf of the Commission

( 23 May 1995 )

The Commission recognizes how important it is for the
parties to a licensing agreement to be able to enjoy territorial
protection against competition from the other party and
from other licensees .

It has consequently proposed, in order to stimulate the
dissemination of technical knowledge in the Community,
that each of the parties be allowed, until the expiry of
patents currently in force or for a period of ten years in the
case of know-how agreements, to protect themselves on a
reciprocal basis against both active and passive sales .

On territorial protection beween licensees against passive
sales, the Commission takes the view that a period of five
years affords adequate protection for launching the
different licensees ' products without restricting any
subsequent movement of the products within the
Community .

WRITTEN QUESTION E-973 / 95

by Pat Gallagher ( UPE )

to the Commission

Supplementary answer given by Mr Santer

on behalf of the Commission ( 31 March 1995 )

( 13 September 1995 ) ( 95 / C 273 / 08 )

Because of the length of the answer, which includes a
number of tables, the Commission is sending it direct to the
Honourable Member and to Parliament's Secretariat .

Subject : Extension of code restricting subsidies in the

man-made fibres sector

Does the Commission intend to propose a further extension
beyond June 1995 of the Code governing subsidies in the
man-made fibres sector ?

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 5

Will the Commission give full consideration to the support
given by the man-made fibres industry and by the
International Rayon and Synthetic Fibres Committees

( Cirfs ) for the extension of the Code ?

Answer given by Mr Van Miert

on behalf of the Commission

( 10 May 1 995 )

The Commission will decide soon whether or not to extend

beyond 30 June 1995 the period of validity of the code on
aid to the synthetic fibres industry . In doing so, it will take
all relevant factors into account including all views
expressed by firms affected by the code and their
representatives such as the International Rayon and
Synthetic Fibres Committee .

Moreover, the Commission recently issued an invitation to
tender for a study on the code . This would have two
objectives : firstly, to assess the efficacy of the code in terms
of its practical effects since 1977 ; and, secondly, to
determine if, in light of the changes in the structure of the
industry and in the markets for the fibres currently covered
by the code, there is a continuing need for control . As the
study might conclude that there was such a continuing need,
the Commission issued a parallel invitation to tender for a
second study on the form and nature of future control .
Whether or not this second study takes place will depend on
the Commission's conclusions on the outcome of the first

study .

WRITTEN QUESTION E-l 007 / 95

by Salvatore Tatarella ( NI )

to the Commission

(6 April 1995 )

( 95 / C 273 / 09 )

Subiect : Lottomatica consortium

On 26 April 1994, in an action brought by the Commission,
the Court of Justice ruled that Italy had infringed the rules
on public procurement in awarding the contract to
computerize the national lottery .

On 31 January 1992 the President of the Court had ordered
the Italian Government to suspend execution of the
contract . Despite the fact that in November 1992 Italy's
finance minister informed the Commission and the Court

that the order had been complied with, it transpires that no
tender procedure has yet been conducted in accordance with

Community Regulations . The Lottomatica consortium,
awarded the contract annulled by the Court, has already
carried out computerization of about 4 000 points of sale,
effectively performing the contract

1 . Does the Commission not agree that there has been a
breach of Community rules and that the Court's
judgment has not been applied .

2 . What action will it take to enforce the Court's
judgment ?

3 . What sanctions could be imposed on the Italian
Government if it were found to have infringed the
Community legislation in force ?

Answer given by Mr Monti
on behalf of the Commission

(3 I u l \ 1995 )

The Commission has been informed that, with reference to
the case quoted by the Honourable Member on which the
Court of Justice ruled on 26 April 1994, the ministerial
decree awarding the contract was revoked by ministerial
decree on 6 November 1992, entering into force on 27 July

1993 . It is also aware that, by ministerial decrees of
17 March and 8 November 1993, the finance minister
awarded the organization and management of the
computerized lottery to the firm Lottomatica S. c . p . a .,
transferring to it his public powers concerning the lottery
and effectively delegating to it the technical and economic
activities relative to its operation . By decree of 11 January

1 995, the finance minister transferred to Lottomatica public
powers in respect of other activities, such as the recovery of
revenue from the lottery, the payment of winnings, draws
and stop orders .

The Commission is currently examining whether the
ministerial decrees of 17 March and 8 November 1993 and
of 1 1 January 1995 are sufficient to bring Italy into line with
the Court of Justice judgment of 26 April 1994 . More
precisely, it is seeking to establish whether the relationship
established between the Italian administration and

Lottomatica as a result of those decrees has merely extended
the previous situation, which was in violation of
Community law, or whether it has created a wholly new
situation which is in line with Community law . It should be
noted that, following adoption of the aforementioned
decrees, Lottomatica has complied with Community rules
on the award of public supply and service contracts by
publishing nine tender notices in the Official Journal (') in
accordance with Directives 93 / 36 / EEC of 14 June 1993
coordinating procedures for the award of public supply
contracts ( 2 ) ( public supply contracts ) and Council Directive
92 / 50 / EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts (")

( public service contracts ).

No C 273 / 6 EN Official Journal of the European Communities 18 . 10 . 95

Accordingly, the Commission reserves its final assessment as
to whether Italy complies with Community law .

C ) O I No S 57, 23 . 3 . 1995 .
(-) C )| No L 199, 9 . 8 . 1993 .

( ! ) ()| No I. 209, 24 . 7 . 1992,

WRITTEN QUESTION E-1037 / 95

by Karin Starrin ( ELDR )

to the Commission

(7 April 1 99 S )

can be attacked in the fullest and most effective fashion

possible . In June 1994 it presented a general paper
proposing a legal framework for Union action as inspiration
for a general anti-drugs strategy to be adopted when the
European Council meets at Cannes . The Commission also
made specific proposals for public health measures to
prevent addiction .

WRITTEN QUESTION E-1045 / 95

by Nikitas Kaklamanis ( UPE )

to the Commission
( 95 / C 273 / 10 )

(7 April 1995 )

Subject : Action to reduce ' tourist ' drug smuggling ( 95 / C 273 / 11 )

In a number of cities throughout Europe the authorities have
chosen to liberalize drug use . Sweden adopted a similar
policy for a short time in the Sixties, but it failed . We then
opted for a different approach involving restriction and
prevention . This policy has been succcssful . Since Sweden
joined the EU there has been concern that small-scale,
' tourist ', drug smuggling will increase as frontier barriers
come down . The best way of preventing this is to halt the
spread of this policy of liberalization . What proposals will
the Commission be making to reduce the supply of drugs in
Europe and to make it more difficult to smuggle small
quantities, without hampering the free movement of
persons ?

Answer given by Mrs Gradin
on behalf of the Commission

( 18 May 1995 )

The Commission would remind the Honourable Member

that the Member States retain extensive powers in relation
to the fight against drug abuse . But the cooperation
provided for in Title VI of the Treaty on European Union
can be expected to generate growing convergence between
their approaches . The Union Treaty establishes a new
framework for the fight against drugs in which the
Community enjoys new powers and cooperation between
the Member States is enhanced .

The Union will have to ensure that, as in the case of
Schengen, effective flanking measures are taken so that the
removal of checks on individuals does not reduce personal
safety and security . The establishment of the Europol Drugs
Unit at The Hague is a first important step in this direction ;
Europol should constitute a powerful weapon in combating
international crime in general and drug trafficking in
particular .

The Commission will do whatever it can to see that proper

use is made of the new facilities so that the scourge of drugs

Subject : Commission condemnation of Greek cement
manufacturers

By decision of 30 November 1994 ( Cases IV / 33.126 and
IV / 33.322 ) the Commission fined the three Greek cement
manufacturers and exporters as it considered that they had
participated in agreements to obstruct the free operation of
the market in cement in Europe .

However, between 1986 and 1992 Greek cement exports

( which before 1985 had gone to the Middle-East, the
traditional Greek export market, as acknowledged by the
Commission in its statement of objections ) to European
Union countries increased at an unheard-of rate, from
nothing in 1985 to 3 620 709 tonnes in 1992 .

What led the Commission to condemn the conduct of the

three Greek undertakings, which had achieved impressive

increases in exports to European Union countries, alleging
that they had diverted some exports to third countries rather
than export them to the European Union ? What were the
Commission's criteria for deciding that this remarkable
increase in Greek exports had been deliberately kept down,
and what factors in the Community market led the
Commission to believe that the Greek producers should
have exported even more to the European Union ?

Answer given by Mr Van Miert

on behalf of the Commission

(5 May 1995 )

In its Decision 94 / 815 / EC of 30 November 1994 ( ), the
Commission held that all the associations of undertakings
and all the undertakings to which the Decision was
addressed had participated in an agreement designed to
protect home markets and in various measures

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 7

implementing that agreement . The Greek cement producers
referred to were among the participants in that agreement
and in those implementing measures .

It is for the undertakings, and not the Commission, to
determine the volume and destination of their exports . For
its part, the Commission simply takes note of and, where
appropriate, finds against agreements or concerted practices
between undertakings that are designed to restrict exports
from one Member State to another .

It transpires from the findings in the aforementioned
Decision that :

— the Greek producers participated in a general agreement

to protect home markets ;

— Titan and Heracles, along with other producers in

Europe, entered into supply contracts for cement and
bricks with a view to diverting their surplus production
outside the Community and restricting their exports in
Europe .

The fact that agreements in no way prevent, and even
promote, an increase in the volume of trade between
Member States does not mean that competition is not
restricted or that the agreements may not affect trade
between Member States, since such trade could have taken
place under other conditions in the absence of restricitive

agreements .

C ) OJ No L 343, 30 . 12 . 1994 .

WRITTEN QUESTION E-1 095 / 95

by James Nicholson ( PPE )

to the Council

( 13 April 1995 )

( 95 / C 273 / 12 )

Subject : Imprisonment in Nigeria of Ken Saro-Wiwa

The continuing violation of human rights by the military
dictatorship operating in Nigeria is a major source of
concern for Members of this Parliament . Is the Council
aware that there are numerous prisoners of conscience being
held without charge in Nigerian prisons ?

Many of these prisoners are denied the right of access to
lawyers, to medical attention, as well as visits from
concerned family and friends . One such case is that of Ken
Saro-Wiwa, leader of the minority Ogoni people, who is
accused of a crime that he maintains he did not commit and

for which he could be sentenced to death .

Will the Council undertake to make representations to the

appropriate authorities concerning the conduct and

approach of the Nigerian Government to this case as well as
to the broader question of prisoners of conscience in
Nigeria ?

Answer

(7 September 1995 )

The Council of the European Union is fully aware that a
large number of prisoners of conscience are being held
without charge in Nigeria's prisons and that many of them
are being denied the right to see a lawyer, obtain medical
care or receive visits from members of their families and

friends .

The European Union has stated its views on the subject on
many occasions, either through representations by the
Troika or the Presidency to the Nigerian authorities, or in
declarations . More recently, Member States have
summoned Nigeria's ambassadors in their capitals to
express the Union's concern at the situation in Nigeria, with
explicit reference to the detentions and imprisonments . The
European Union's declarations of 19 November 1993,
30 August 1994 and 30 June 1995 testify to its continuous
defence of human rights in Nigeria .

Furthermore, acting on behalf of the Presidency of the
Council, the French Ambassador to Nigeria recently made
representations to the Nigerian Minister for Foreign Affairs
to express the European Union's concern at the lack of a
precise timetable for a return by Nigeria, one of the great
countries of Africa, to a constitutional regime, and at the
grave violations of human rights being perpetrated there .

The Council is particularly concerned at the case of Ken
Saro-Wiwa, the writer and leader of the movement for the
survival of the Ogoni people ( Mosop ).

Mr Saro-Wiwa is accused of incitement to murder four

traditional Ogoni chiefs and has been in prison since 22 May

1994 . His trial began on 16 January in Port Harcourt before
a special court presided over by an officer . It is still in
progress owing to a number of procedural incidents and his
deteriorating health . Mr Saro-Wiwa is suffering from heart
problems which have led to his being hospitalized . The
European Union is monitoring the trial carefully and has
been represented at several hearings . It is in close contact
with Mr Saro-Wiwa's family and lawyers .

The European Union will continue to follow developments
in Mr Saro-Wiwa's situation very closely and to intercede
with the Nigerian authorities in an effort to ensure that he
receives a fair trial . It will be especially well placed to do this
in that the mid-term review of the Lomé Convention has
made human rights an ' essential element ' of the Convention .
Non-observance of human rights could lead to the
Convention being totally or partially suspended .

No C 273 / 8 EN Official Journal of the European Communities 18 . 10 . 95

WRITTEN QUESTION E-1 122 / 95

by Christine Crawley ( PSE )

to the Council

( 20 April 1995 )

( 95 / C 273 / 13 )

Subject : Street children in Guatemala

Evidence is coming to light of unacceptable treatment of
street children in Guatemala by the authorities : reports are
of violence and torture . Will the Council take steps to
monitor this situation and to make it clear to Guatemalan

authorities that these actions against minors are not
acceptable to the whole of the international community ?

Answer

2, the German undertaking entrusted with the transport of
the bottles was under no obligation to determine
whether they complied with French legislation on
registered designs ;

3, seizing the lorries and arresting the drivers was therefore
excessive, especially as the French manufacturer could
be held liable for the alleged infringement of the law on
registered designs ;

4, this is a flagrant violation of the principle of the free
movement of goods and an infringement of Article 7a of
the EC Treaty ?

What practical steps does the Commission intend to take
against this conduct with a view to avoiding a recurrence in
the future ?

(7 September 199 5 ) Answer given by Mr Monti
on behalf of the Commission

( 22 June 1 995 )
The Honourable Member is referred to the reply that was
given to Written Question No E-275 / 95 put by Euigi Florio,
Gian Boniperti, Aldo Arroni and Riccardo Carosci ('). The Honourable Member's

(') O J No C 202, 7 . 8 . 1995, p . 15 .

WRITTEN QUESTION E-l 162 / 95

by Helwin Peter ( PSE )

to the Commission

( 20 April 1995 )

( 95 / C 273 / 14 )

Subject : Seizure of lorries and arrest of drivers at the French

border

On 14 December 1994 some 20 German lorries and their

loads were seized and the drivers detained for a time on the

Franco-German border near St Avoid . The bottles being
transported, which were to be exported to Germany, were
alleged to be unauthorized copies .

The French manufacturer of the bottles had hired a French
haulage contractor for the shipment . The latter had passed
the order on to a German haulier, who had then hired
various transport undertakings to do the work .

The vehicles seized were released only on payment of their
current market value .

Does the Commission agree that

1, the conduct of the French customs authorities
contravened Community law ;

The Honourable Member's questions refer to the seizure by
the French customs authorities of lorries belonging to a
German haulage company entrusted with the performance
of a haulage contract and to the arrest of the drivers when
the bottles in question — manufactured, according to the
authorities, in breach of French registered design law ( Law
No 94-102 of 5 February 1994 on the prevention of
counterfeiting amending certain provisions of the
Intellectual Property Code ) — were seized .

These events were also the subject of Written Question
No 479 / 95 by Mrs Pack (').

The Commission will make enquiries in order to ascertain
the facts and, if necessary, will initiate the investigation
procedure provided for in Article 169 of the EC Treaty .

(') OJ No C 270, 16 . 10 . 1 9 9 „V

WRITTEN QUESTION E l 167 / 95

by Jean-Claude Pasty ( UPE )

to the Commission

( 20 April 1995 )

( 95 / C 273 / 1 5 )

Subject : Free movement of goods . Freight transport : special

authorization

As part of its work, a metal products marketing company
located in Yutz, Moselle regularly exports special products

18 . 10 . 95 H N Official Journal of the European Communities No C 273 / 9

to Germany . For every long load it has to apply for special
authorization from the Landratsamt Breisgau, which grants
authorization subject to certain general conditions, which
state that to ensure compliance with the conditions

( observance of authorized weights and measures and the
appropriateness of the route ) a German speaker must be
present throughout the trip .

1 . Does not the Commission consider that this obligation
imposed by German legislation :

— is such a superfluous, pointless and constricting

measure that it amounts to a technical barrier to the

principle of free movement of goods ;

— seriously affects the validity in Germany of the

French driving licence of the company's driver — a
licence which entitles him to transport the same
goods without restriction in Belgium, Luxembourg
or other Community Member States ?

2 . In view of the above, could the Commission state the
position it has taken in similar cases ?

Answer given by Mr Monti
on behalf of the Commission

(2 6 June 1 995 )

Particularly long products such as certain metal products
need to be carried in ' indivisible ' loads requiring exceptional
forms of transport . Such loads are not covered by Directive
85 / 3 / EEC relating to the free cross-border movement of
freight vehicles . However, a Commission proposal dated

15 December 1993 would, if adopted, make it possible to
harmonize national rules and regulations governing the
weight and dimensions of vehicles moving within the
Community .

Since no Community rules exist in this field, Member States
are free to impose an authorization requirement for the
transport of such exceptional loads provided, however, that
such authorizations pursue a legitimate objective from the
viewpoint of Community law and are issued under
conditions that comply with the rules set out in the EC
T reaty, and in particular those relating to the free movement
of goods . In other words, those conditions must be
non-discriminatory and proportionate to the underlying
objective .

The Commission will, therefore, take the necessary steps to
obtain all the particulars relating to the national rules in
question . Where appropriate, it will institute proceedings
under Article 169 of the EC Treaty .

WRITTEN QUESTION E-1174 / 95

by Hiltrud Breyer ( V )

to the Commission

( 27 April 1995 )

( 95 / C 273 / 16 )

Subject : HUS-Svndrome

1 . How many cases of the Haemolytic Uremic Syndrome

( HLJS ) have occurred so far, according to the Commission's
estimates ?

2 . Does the Commission agree with experts that between
80 % and 90 % of animals in the EU are contaminated with

the EHEC bacterium ?

3 . Does it agree that the principal causes of the HUS
epidemic are the frequent use of antibiotics in intensive
livestock rearing and the appalling conditions under which
animals are transported, which result in stress and make
them more liable to succumb to disease ?

4 . What does it intend to do to combat the high rate of
infection and the serious illnesses, particularly among
children ( intestinal diseases, kidney failure etc .)?

5 . What measures has it taken in response to the fact that
a number of children have died as a result of the HUS and

antibiotics are no longer effective against it ?

6 . What measures does it intend to take ?

Answer given by Mr Fischler
on behalf of the Commission

( 22 June 1995 )

1 . Haemolytic ureamic syndrome is described as having a
relatively low incidence .

2, 3 and 4 . The bacteria Escherichia coli 0 157 H7 has
been isolated from cases of haemolytic colitis in man and the
verotoxin produced by the bacteria is associated with the
majority of cases of haemolytic uraemic syndrome . Cattle
are the only known natural hosts of this organism, however
no apparent clinical disease is caused in this species . The
bacteria has not been isolated from species other than man
and cattle .

There is limited comparative information available on the
prevalence of the bacteria in cattle as there is not a standard

No C 273 / 10 EN Official Journal of the European Communities 18 . 10 . 95

test for its detection . A World Health Organization ( WHO )
report (1 July 1994 ) describes a prevalence in cattle of a
group of E coli ( of which 0 157 H7 is one ) of 0,3 % . The
infection in cattle is transitory with animals remaining
carriers for approximately two weeks .

Generally antibiotics are used to treat only clinical disease in
cattle on an individual animal basis and it is unlikely that
this would influence the prevalence of the bacteria . The
effects of stress or transport are unknown as this organism
does not cause clinical disease in cattle .

4, 5 and 6 . Cases of disease in people have been
associated with contaminated food, under-cooked minced
beef, insufficiently pasteurized milk and other dairy
products, water and direct person to person transmission .
As the bacteria does not cause systemic infection in cattle,
contamination of meat could be caused by poor hygiene
standards during slaughter and processing . The organism is
not known to be excreted in milk but where milk has been

contaminated, the normal pasteurization process, properly
applied, will destroy it .

The Commission is, at present, reviewing the procedures,
regarding hygiene standards, as applied to abattoirs and
meat processing establishments in the Community . The new
procedures, when applied, will help further to prevent the
contamination of meat by this and other enteric bacteria .

Member States have been asked to report, through the
Community reference laboratory for zoonosis, the number
of findings of E coli 0 157 H7, in addition to the requirement
to report specified zoonotic agents as laid down by Council
Directive 92 / 117 / EEC ( M.

Answer given by Mr Monti
on behalf of the Commission

( 15 f une 1995 )

The Commission would point out that under Community
VAT legislation ( Article 28 ( 2)(a ) of the sixth VAT Directive
— as amended ), those zero rates which were in force on

1 January 1991 in accordance with Community law may be
maintained by Member States, but on a transitional basis
only . This legislation does not permit the introduction of
new zero-rated supplies . Member States may, however,
apply a reduced rate of VAT to supplies of books,
newspapers and periodicals subject to a minimum of
5% .

The Commission is aware that the different treatment

accorded by Member States to newspapers and magazines
commercially imported from third countries ( i.e . taxation in
some cases, exemption in others ) may affect fair
competition within the internal market . The Commission
will therefore take appropriate steps to ensure that such
imports are uniformly taxed throughout the Community .

The Commission is, furthermore, aware of the comments
made by the association to which the Honourable Member
refers . However, the Commission is of the opinion that as
valued added tax is, by its very nature, a tax extending to all
economic activity, there is no justification for excluding a
specific sector .

C ) Ol No L 62, 15 . 3 . 1993 . WRITTEN QUESTION E-1298 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

(5 May 1 995 )

( 95 / C 273 / 18 )

WRITTEN QUESTION E-1273 / 95

by Christine Oddy ( PSE )

to the Commission

(5 May 1995 )

( 95 / C 273 / 17 )

Subject : Zero rating of VAT for newspapers and
magazines

Will the Commission concede the need to zero-rate

magazines and newspapers ?

Subject : Flour supplies to Kyrgyzstan and Tadjikistan

Today sees the expiry of the deadline for submitting tenders
for transporting free supplies of soft wheat flour to the
peoples of Kyrgyzstan and Tadjikistan, pursuant to
Commission Regulation ( EC ) No 689 / 95 ('), which with
admirable despatch was published a mere ten days before
the deadline expired .

Given the importance of the supplies to the populations in
question, can the Commission provide details of the tenders
submitted and awarded, the transport prices and,
particularly, the distribution systems envisaged in order to
ensure that this humanitarian operation achieves the desired
result ?

Is the Commission aware that the European magazine result ?
publishers association ( FAEP ) believes that the free flow of
information is being obstructed by bureaucracy and
taxation ? (') OJ No L 71, 31 . 3 . 1995 .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 1 1

Answer given by Mr Fischler
on behalf of the Commission

( 13 June 1 995 )

Council Regulation ( EC ) No 1999 / 94 of 27 July 1994 (')
concerned the supply of agricultural products in
intervention free of charge to the people of Georgia,
Armenia, Azerbaijan, Kyrghyztan, Tajikistan and Moldova
up to a maximum amount of ECU 165 million .

These products were to be delivered in a way such as to
cover the food deficit during the winter and until the next
harvest .

Under this Regulation, the Commission adopted some 40
Regulations on putting out to tender the dispatch of more
than one million tonnes of products towards the six
destinations, including 37 500 tonnes of flour to
Kyrghyztan and 47 500 tonnes of flour to Tajikistan .

The first deliveries began on 14 November 1994 and will
finish at the end of June, thus complying with the period
stipulated for the arrival of aid .

In view of the quantities to be mobilized, the very short
period during which deliveries could take place and the very
long time required to transport the products because of the
length and difficulties of the journey, the Commission was
unable to allow more time between publication of the
Regulations opening the invitations to tender and the
submission of tenders .

In order to offset the short time allowed, the Commission
sent the notices of invitation to tender first to the specialized
press and then, as soon as they were published, to some fifty
firms which had expressed an interest in response to the
notices .

In response to Regulation ( EC ) No 689 / 95, to which the
Honourable Member refers, the Commission received only
two valid tenders and the contract was awarded to

Calberson G. E. ( France ).

The Commission does not wish to publish the tender prices
since, in accordance with Article 7(2 ) of Regulation ( EC )
No 2065 / 94 ( 1 ), price is not the only criterion for the award
of the contract, since the tenderer has to demonstrate that he
will be able to carry out these difficult operations in the best
possible way .

To ensure that the operation proceeds successfully, the
Commission has signed with the governments of the
beneficiary countries memoranda obliging them to sell the
products received on the domestic market at prices fixed in
agreement with the Commission which will not disturb that
market .

The funds made available by these sales have to be credited
to a counterpart fund for operations offering social benefits
which have been approved by the Commission .

The budgetary resources of the counterpart fund can be used
only with the joint agreement of the government concerned
and the Commission .

Since the operations began, the Commission has sent teams
of external experts to the countries concerned to
supervise :

— delivery of the goods ;

— sale of the goods and the prices charged ;

— establishment of the counterpart funds ;

— the use of these funds .

These teams will remain on the spot until the end of the
operations, including full use of the counterpart funds .

The Commission also carries out regular missions to these
countries to help the teams solve any problems which might
arise .

(') OJ No L 201, 4 . 8 . 1994 .

( 2 ) OJ No I. 213, 18 . 8 . 1994 .

WRITTEN QUESTION E-1 299 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

(5 May 1995 )

( 95 / C 273 / 19 )

Subject : The Japanese growth model

About a year ago now the Industrial Structure Council, a
MITI consultative body, published a report on its vision of
the Japanese economy in the 2 1 st century, forecasting major
growth in the following 12 industrial sectors : housing ;
social infrastructures ( sport and culture ); urban
infrastructure, particularly traffic infrastructure ; the
environmental industry ; energy ; telecommunications ;
distribution networks, including postal sales ; human
resources management, including part-time working ;
promotion of imports ; data-processing and trade-support
services ; and new industrial technologies .

Making all the allowances, has the Commission had time to
study this document and learn any useful comparative
lessons from it for the European Union, particularly with
reference to its own analyses of the immediate future of our
modern economy ?

No C 273 / 12 EN Official Journal of the European Communities 18 . 10 . 95

Answer given by Mr de Silguy

on behalf of the Commission

Answer given by Mr Flynn
on behalf of the Commission

(9 j une 1 995 ) ( 31 july 1 99 S )

The Commission took note of the report of June 1 994 on the
future of Japanese industry, which was drawn up at the
request of MITI . The subjects dealt with in the report are not
dissimilar to those covered by the White Paper on growth,
competitiveness, employment, which the Commission
presented to the Council in 1993 .

Of the sectors which are expected to be particularly dynamic
in the next few years, some, such as environmental
protection and telecommunications, are common to both
economies, while others, such as the development of
distributive services or import promotion in Japan or the
development of trans-European transport infrastructures in
the Community, reflect the specific requirements of each of
them .

A dialogue is already under way between the Commission
and the Japanese authorities on joint industrial cooperation
programmes ( consumer electronics, car components and
office automation ) and training in new techniques . The
important role played in these areas by the EU-Japan Centre
for Industrial Cooperation is likely to be extended further,
as indicated in the communication entitled ' Europe and
Japan : the next steps ' (').

The retention of quarantine rules by the United Kingdom
and Ireland is expressly permitted by Council Directive
92 / 65 / EEC as a genuine response to the threat to public
health from rabies . While the Commission is aware of the

difficulties which this poses for blind people who use guide
dogs, it is very conscious of the public health considerations
and, accordingly, does not view it as a means of arbitrary
discrimination .

Considerable progress has been made towards the
eradication of rabies in those Member States in which the

disease exists and, indeed, Article 10 of the aforementioned

Directive which concerns rabies is due for review before

1 January 1997 . The concerns for free movement of blind
people who use guide dogs expressed by the Honourable
Member, which are shared by the Commission, will fall to
be considered in the context of that review .

WRITTEN QUESTION E-1310 / 95
(') COM ( 95 ) 73 final .
by Marie-Paule Kesteliin-Sierens ( ELDR )

to the Commission

( 12 May 1995 )

( 95 / C ; 273 / 21 )

WRITTEN QUESTION E-l 304 / 95

by Catherine Trautmann ( PSE )

to the Commission

(5 May 1 995 )

( 95 / C 273 / 20 )

Subject : Free movement of blind people in the Union

The United Kingdom and the Republic of Ireland require all
animals to be kept in quarantine for six months before entry
onto national territory . Only race horses and competition
horses are exempt from this provision . This poses a problem
for blind people who are unable to travel without their
dogs .

1 . Does the Commission consider this to be a barrier to the
free movement of blind people accompanied by guide
dogs ?

2 . Since the White Paper on Social Policy advocates the
incorporation into the Treaty — on its revision — of a
' specific reference to combating discrimination on the
grounds of disability ', what measures does the
Commission intend to take to remedy this situation ?

Subject : Application of strict nitrate standards to cabbage

lettuce in Germany

Under national legislation nitrate standards of 2 500 mg / kg
in summer and 3 500 mg / kg in winter will apply to cabbage
lettuce in Germany from 1 May 1995 . It will be impossible
for Belgian cabbage lettuce, of which over 80 % is currently
exported to Germany, to comply with the standard of 3 500
mg / kg in the darkest winter months . The German measure
therefore poses a real threat to the export of Belgian cabbage
lettuce, even though the German Government has no
concrete evidence or research findings to show that the
present nitrate standards are prejudicial to human health .

In its answer to Written Question E-2287 / 94 (') of
15 November 1 994 the Commission stated that it had asked

the Scientific Committee for Food to assess nitrates from a

public health standpoint .

1 . Has the Commission meanwhile received the relevant

scientific information from the Scientific Committee for

Food ? If so, what are its findings ? If not, when can the
Commission expect a final evaluation ?

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 13

2 . Does the Commission not feel that, in the absence of
evidence or research findings showing that the present
nitrate standards are prejudicial to health, any national
legislation that imposes stricter nitrate standards and so
poses a serious threat to the position of other Member
States exporting to the Member State concerned
' constitutes a disguised restriction on trade between
Member States ' within the meaning of and as prohibited
by Article 36 of the EC Treaty ?

3 . Pending precise scientific information on the harmful
nature of nitrates in leaf vegetables, does the
Commission not consider it appropriate to submit a
proposal specifying the admissible nitrate standards,
with account taken of what is feasible in the growing of
leaf vegetables in the various Member States, with a view
to putting a stop to the disguised trade restrictions of
which Belgium is in danger of becoming a victim ?

C ) OJ No C 75, 27 . 3 . 1995, p . 29 .

Answer given by Mr Fischler
on behalf of the Commission

( 26 June 199 S )

1 . The Commission expects to have the opinion of the
Scientific Committee for Food on nitrates sometime during
September 1995 .

2 . Until the concluding opinion of the Committee on the
real toxicity of nitrates is available, the Commission is not in
a position to express a judgment on whether or not the
measures contained in the sixth Regulation adopted by
Germany on 1 September 1992, which came into force on
1 May 199 5, are well-founded .

3 . The toxicity of nitrates is a far too controversial
subject, among both scientists and Member States, for the
Commission to commit itself to fixing maximum levels in
vegetables without first having precise scientific data on the
harmfulness of this contaminant .

WRITTEN QUESTION E-1318 / 95

by Nel van Dijk ( V )

to the Commission

( 12 May 1995 )

( 95 / C 273 / 22 )

Subject : Smear campaign against environmental
organizations in the Czech Republic

I have been informed that since January this year a smear
campaign is going on in the Czech Republic against
environmental organizations . It started with information
that the Secret Service is monitoring a number of
environmental organizations, including the Czech branches
of Greenpeace International and Friends of the Earth
International, classifying them as extremist organizations .
From that date, leading politicians, including members of
the government, and industrial leaders are making public
statements accusing these environmentalists of being ready
to use violence and portraying them as a threat to the Czech
society, paving the way for ' green dictatorship ' ( Prime
Minister Vaclav Klaus ).

1 . Is the Commission prepared to investigate recent
developments in the Czech Republic regarding the
attitude of the authorities towards environmental

organizations ?

2 . Does the Commission agree with me that if indeed a
smear campaign is being conducted, this constitutes a
deplorable political and social development away from
democracy, tolerance and respect for human rights in
the Czech Republic ?

3 . Is the Commission prepared, if my fears are confirmed,
to take action towards the authorities of the Czech

Republic, calling for respect for essential elements of
democracy, such as the freedom to express diverging
opinions and the public debate between freely operating
democratic organizations of citizens, and indicating that
a lack of such respect might have consequences for the
relationships between the European Union and the
Czech Republic ?

As soon as the opinion of the Committee is available, the Answer given by Mr Van den Broek
Commission will be doing its best, in accordance with the on behalf of the Commission
commitments it has made to Parliament ( response in
Parliament to oral question H 510 / 94 from Mr Sturdy — ( 24 July 1995 )
part-session from 24 to 28 October 1 994 ), to find a balance
and fair solution which takes into consideration both the

protection of consumers ' health and the interests of
growers . The concerns expressed by the Honourable Member on the
alleged smear campaign against environmental
organizations in the Czech Republic appear to be related to
a report adopted by the Czech Government, on 10 May on
extremism in the Czech Republic in which extremism is

Answer given by Mr Van den Broek

on behalf of the Commission

( 24 July 1995 )

No C 273 / 14 EN Official Journal of the European Communities 18 . 10 . 95

defined as ' activities leading to the breach of public order
and sometimes of criminal activity '. The report
overwhelmingly concentrates on both the right and left
extremist scene .

The report stresses the positive objectives of environmental
groups, but identifies two groups, the Rainbow Movement
and Animal SOS as organizations whose methods have from
time to time breached the law and public order ( the
occasions listed are actions at the Temelin nuclear plant and
during the Pardubice steeplechase ). Neither Greenpeace
International nor Friends of the Earth International have

been mentioned in this respect .

The Commission will continue to monitor this issue closely
to ensure that the respect of human rights, democratic
norms and tolerance which underpin the relationship
between the European Union and the Czech Republic, and
the associated countries of central Europe as a whole, are
upheld .

WRITTEN QUESTION E-1319 / 95

by Jean Gol ( ELDR )

to the Commission

( 12 May 1995 )

( 95 / C 273 / 23 )

Subject : Harmonization of VAT rates

1 . In reply to Written Question E-93 / 95 ( ), the
Commission states that Luxembourg is entitled to apply to
supplies of animal foodstuffs a super-reduced rate lower
than the minimum laid down for the reduced rate, referring
to Article 28 ( 2 ) ( c ) of the sixth Council VAT Directive ( as
amended ), but only for the duration of the transitional
period .

However, Article 28(2)(a ) stipulates that the rates which are
lower than the minimum rates laid down in Article 12(3 )
could be maintained if they were applicable on 1 January
1991 . However, in the Grand Duchy of Luxembourg, the
super-reduced rate of 3 % was only applied to foodstuffs for
human consumption from 1 January 1992 ( Article 2(1 ) of
circular No 625 of 31 December 1991 — land registration
and estates department — referring to Annex B(l ) of the
VAT law and Article 2(1 ) of the Grand-Ducal regulation of
21 December 1991 ).

Does not the Commission consider that under these
conditions the Grand Duchy of Luxembourg is violating
Community rules by applying a super-reduced rate ?

2 . Can we guarantee citizens that on 1 January 1997 the
definitive VAT regime will really enter into force ?

Will the transitional period automatically end on
31 December 1996 ?

(') OJ No C 152, 19 . 6 . 1995, p . 32 .

Answer given by Mr Monti
on behalf of the Commission

( 30 j une i 995 )

1 . Luxembourg is entitled to apply during the
transitional period a reduced rate lower than the reduced
rate normally applied to supplies of animal foodstuffs under
Article 28(2)(c ) of the Sixth VAT Directive . This Article
applies independently of Article 28(2)(a ) and does not
impose any obligation regarding an earlier date of
application of these rates . The objective of this article is to
compensate certain Member States ( Luxembourg and
Spain ) for being obliged to increase the standard rate
applicable at 1 January 1991 by more than 2% .

2 . The fourth paragraph of Article 28 of the Sixth VAT
Directive, which was introduced by Directive 91 / 680 / EEC
of 16 December 1991 ('), states that

' the transitional arrangement shall enter into force for
four years and shall accordingly apply until 3 1 December

1996 . The period of application of the transitional
arrangements shall be extended automatically until the
date of entry into force of the definitive system and in any
event until the Council has decided on the definitive

system .'

In those circumstances, it is impossible to give an assurance
that the definitive VAT system will automatically enter into
force on 1 January 1997 .

In view, among other things, of the amount of work to be
done and the recent enlargement of the Community, it is
hardly likely that that deadline can be met . However, there is
no reason to fear that a hiatus in the law will occur since the

transitional arrangements will continue to apply pending
the Council's Decision .

(') OJ No L 376, 31 . 12 . 1991 .

WRITTEN QUESTION E-1 330 / 95

by Alexander Langer ( V )

to the Commission

( 12 May 1995 )

(9 SIC 273 / 24 )

Subject : Conditions for the transport of animals — specific

cases in Italy

At its February part-session the European Parliament
adopted a resolution on the transportation of animals

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 15

( B4-166, 167 and 205 / 95 ) which explicitly requested the
tightening up of procedures to check animals coming from
third countries . According to ISTAT data, Italy imports

140 000 horses annually from eastern European countries
in often difficult transport conditions with a high loading
density and lack of ventilation . The long journeys cause the
animals to become weak . Often there are not enough stops
for the watering of the animals . On the basis of an inspection
carried out by the Dutch animal protection group
' Dierenbescherming ' at Italian border inspection posts in
Gorizia, Fernetti and Prosecco ( TS ), injured animals with
broken limbs and lacerated eyes are transferred to lorries
bound for very distant final destinations . Similar situations
are reported at other border posts .

In view of this can the Commission say :

1, whether the decisions adopted by the European
Parliament in the aforementioned document have been

complied with ;

2, whether there is evidence that the Italian Government is
in violation of EC Directive 91 / 628 / EC (') ( in Italy,
Legislative Decree No 532 of 30 December 1992 ) and
whether therefore there are grounds for initiating
infringement proceedings ; whether or not the Italian
Government should be encouraged to increase the
number of veterinary staff at border posts in order to
improve the standard and number of checks ; whether
the conditions of pens at border posts for the
accommodation of animals are suitable for transport ;

3, whether situations similar to those found in Italy have
been discovered in other Member States and, if so, what
measures it intends to take to deal with the problem .

(') OJ No L 340, 11 . 12 . 1991, p . 17 .

Answer given by Mr Fischler
on behalf of the Commission

( 21 june 1995 )

1 . In accordance with Article 13 of Directive
91 / 628 / EEC on the protection of animals during transport,
the Commission, acting on the basis of an opinion of the
Scientific Veterinary Committee, has proposed further rules
to the Council including new control measures to facilitate
enforcement . The proposal is presently under discussion in
the Council and the Commission is pressing for its
adoption .

Concerning the import of animals from third countries, the
Commission will include in all of its certificates a
requirement for the official vet of the third country
concerned to declare that the animals will be transported in
compliance with the provisions of Council Directive

91 / 628 / EEC . Furthermore, the Commission is examining

the legal possibilities which could be available to ensure that
Community exporters fully respect the Community welfare
provisions when they transport animals to third
countries .

2 . The Commission has received an official complaint
from the Eurogroup for animal welfare concerning the
treatment of animals imported into Italy from third
countries . The Commission has requested the Italian
authorities to examine the matter as quickly as possible . In
addition, the Commission has organized a mission to the
border inspection posts in Italy where horses are imported
from eastern Europe . The Italian authorities gave their full
cooperation in the organization of this mission .

3 . The Commission has, over the years, received
complaints against a number of Member States in relation to
the welfare of transported animals and has intervened where
necessary . A programme of veterinary inspection missions
with the specific task of examining the welfare of
transported animals has been initiated and one third of the
Member States have been visited so far .

The Commission intends to communicate further with the

Italian authorities concerning the present complaint and
may, in particular, make suggestions to those authorities
concerning measures to be taken to improve compliance
with the Directive .

WRITTEN QUESTION E-1 371 / 95

by Salvador Garriga Polledo ( PPE )

to the Commission

( 12 May 1995 )

( 95 / C 273 / 25 )

Subject : 1994 Community Initiative Programmes

The Commission communication on the 1994 Community
Initiative Programmes was published on 1 July, and the
deadline for Member States to present their proposed
operating programmes was fixed as 1 November 1994, four
months later .

This deadline was too short for the Member States '
proposals to be submitted, and the result was
under-utilisation of the Structural Fund allocations to the

value of ECU 1 738 million for 1994 .

Can the Commission specify which proposals for operating
programmes were not covered, by Member State, due to the
inadequate deadline ?

Can it explain why a deadline of only four months was set
for the Member States to submit their operating
programmes ?

No C 273 / 16 EN Official Journal of the European Communities 18 . 10 . 95

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 30 June 1 995 )

As the Honourable Member indicates in his question, the
deadline for presentation of the Member States ' operational
programme proposals was set as 1 November 1 994, i.e . four
months after the date of publication in the Official Journal
of the guidelines for the initiatives .

As it turned out, the actual submission of proposals for
programmes was spread over the period between November

1994 and May 1995 . Under these circumstances, the
Commission was in a position to commit only a limited part
of the proposed budget for the initiatives in 1994 .

However, the appropriations which were not committed in
that budget year remain available in subsequent budget
years and can in no way be regarded as lost . Equally, no
operational programme was rejected by the Commission
owing to the fact that it had been presented too late .

Lastly, it should be pointed out that, after the decision on the
programmes themselves, further deadlines apply to the
implementation of the actual projects and these affect the
recipients on the ground more directly . It was in particular
in light of this consideration that the Commission fixed the
deadline for submission of proposals for programmes by the
Member States at four months .

of law is one of the fundamental elements of the European
Union's foreign policy . With regard to Central America, the
European Union has demonstrated this on several
occasions, and in particular at the San José XI ministerial
meeting ( Panama, 23 and 24 February 1995 ).

At the meeting, ministers welcomed the considerable
progress made in the process of democratization in Central
America, while emphasizing their commitment to continue
working towards the consolidation of democracy and the

peace process .

In this context Cuatemala has received particular attention .
Ministers have called on the parties to the armed conflict in
Guatemala swiftly to conclude a lasting peace agreement
which the European Union is willing to support . The
European Union is aware ot the problems still existing in
Central America which are holding up both the
consolidation of democracy and the peace process and
respect for human rights . These obstacles are perhaps more
significant in the case of Guatemala .

The European Union is continuing to monitor closely the
situation in Guatemala . The Political Committee recently
instructed the Troika to approach the Government in
Guatemala and the UNRG ( Union Nacional Revolucionaria
Guatemalteca ) in New York to express satisfaction at the
signing by the two parties ot an agreement on the identity
and the rights of the indigenous peoples and to remind them
of the importance which the European Union attaches to
their signing, as soon as possible, a peace agreement that will
give rise to a genuine process of national reconciliation and
social reforms and should lead to an improvement in the
matter of respect for human rights .

WRITTEN QUESTION E-l 408 / 95 The European Union is concerned at the fact that for some

by Mark Watts ( PSE ) time the situation in Guatemala has been deteriorating

to the Council considerably, and it is giving this worrying situation

particular attention . It is aware that inter alia problems

( 19 May 1995 ) relating to the ethnic factor, the negative impact of the

( 95 / C 273 / 26 ) electoral process, the question of land and the integration of

former guerillas, the attitude of the military and especially
the Government's inability to combat the violation of
human rights, are making the normalization of political life
Subject : Human rights in Guatemala in the country particularly difficult .

WRITTEN QUESTION E-l 408 / 95

by Mark Watts ( PSE )

to the Council

( 19 May 1995 )

( 95 / C 273 / 26 )

Is the Council monitoring the human rights situation in
Guatemala ? The European Union will continue to pay very close
attention to developments in the internal situation and to
support the process of peace-making, consolidation of
democracy and respect for human rights . The purpose of
stepping up the cooperation programme with Guatemala is,

Answer among other things, to prepare for the peace-making

process, which is fundamental to any improvement in the

(7 September 1995 ) country's human rights situation .

Answer

(7 September 1995 )

The promotion of human rights and respect for the
principles underlying representative democracy and the rule

18 . 10 . 95 KN Official Journal of the European ( Communities No C 273 / 17

QUESTION E-1412 / 95 The Commission is now closely scrutinizing the text

Claude Desama ( PSE ) communicated to it in order to ascertain its compatibility

to the Commission with the rules of ( Community law .

WRITTEN QUESTION E-1412 / 95

by Claude Desama ( PSE )

( 22 May 1995 )

( 95 / C 273 / 27 )

Subject : Bill on containers of 1 i q u i d s for human
consumption in Luxembourg

WRITTEN QUESTION E-1415 / 95

by Florus Wijsenbeek ( ELDR )

to the Commission

Pursuant to Directive 83 / 189 / EEC ( ) Member States are ( 22 May 1995 )
required to give the ( Commission prior notification of ( 95 / C 273 / 28 )
proposed laws, regulations or national standards covering
technical specifications .

This requirement is also laid down in Article 7(2 ) of
Directive 85 / 339 / EEC ( 2 ) on containers of liquids for human
consumption and in Article 16 of Directive 94 / 62 / EC (■') on
packaging and packaging waste . The Luxembourg
Parliament recently adopted a bill on the packaging of
products for human consumption . Was the Commission
given due notification of this bill, pursuant to the above
Directives ?

Given that it renders recyclable products alone subject to an
eco-tax, does not this bill constitute a breach of Article 30 of
the Treaty and the provisions of Directive 94 / 62 / EC, in that
it establishes a barrier to the free movement of goods ? Since
it is intended to finance exclusively national activities, does
this eco-tax comply with Articles 12 and 95 of the Treaty ?
Given that provisions on waste from containers of liquids
for human consumption were harmonized in 1985

( Directive 85 / 339 / EEC ) and 1994 ( Directive 94 / 62 / EC ),
should not the bill make explicit reference to the
Communitv Directive which it is intended to implement ?

Subject : Seizure of foreign car in Portugal

1 . Is the Commission aware that in order to drive a

borrowed car bearing foreign number plates, notarized
authorization is required, without which the vehicle may be
seized and a heavy fine imposed ?

2 . Does it not take the view that such a system is
discriminatory, since residents of Portugal can lend out their
cars without any formalities ?

3 . Does it not consider this form of discrimination to be

incompatible with European agreemens ?

4 . Does it intend to approach the Portuguese authorities
in the near future to ensure that Portugal brings its
legislation into line with the principle of equal treatment for
the citizens of Europe regardless of where they are ? If so,
what steps will it take ? If not, why not ?

C ) O ] No I. 109, 26 . 4 . 1983, p . H. Answer given by Mr Monti
on behalf of the Commission

i 1 ) OJ No 1 . 176, 6 . 7 . 1985, p . 18 .
C ) ()| No I 365, 31 . 12 . 1994, p . 10 . (7 july 1995 )

Answer given by Mr Monti
on behalf of the Commission

( 27 j une 1995 )

The Luxembourg bill on the packaging of products for
human consumption was notified to the ( Commission by the
Luxembourg authorities in accordance with Directives
85 / 339 / EEC and 94 / 62 / EC .

However, the bill is not caught by Directive 83 / 1 89 / EEC, as
amended by Directive 88 / 182 / EEC, and was not therefore
notified pursuant to that Directive, although this will have
to be done as of 1 July 1995, the date of entry into force of
Directive 94 / 1 0 / EC amending Directive 83 / 189 / EEC and
extending its scope to tax and financial measures ( third
indent of the second subparagraph of Article 1(9 )).

The situation described by the Honourable Member arises
from the application of the ( Community provisions for the
temporary use of certain means of transport for private use

( Council Directive 83 / 182 / EEC of 28 March 1983 ) ('). In
particular, these provisions stipulate that a foreign
registered car may not be lent to a resident of the Member
State in which it is being temporarily used . However,
Member States may maintain or introduce more liberal
arrangements than those provided in the relevant
( Community legislation .

The Commission accepts that the current arrangements fall
short of what is often expected of an internal market .
However, the rules exist in order to avoid potential fiscal
distortions .

The ( Commission does intend to bring forward a proposal
this year, which will update the existing rules with a view to
ensuring a smoother functioning of the internal market in

No C 273 / 18 EN Official Journal of the European Communities 18 . 10 . 95

respect of the temporary use of foreign registered cars within
the Community .

(') OJ No L 105, 23 . 4 . 1983 .

WRITTEN QUESTION E-1426 / 95

by José Valverde Lopez ( PPE )

programmes from the Member State Governments, as there
is some concern that if the individual universities and

research organizations have to reclaim VAT from the British
Government, they will find it almost impossible to do so and
in consequence certain organizations will withdraw from
participating in Community research programmes ?

Answer given by Mr Monti
on behalf of the Commission

to the Commission (9 June 1995 )

( 22 May 1995 )

( 95 / C 273 / 29 ) Under the Protocol on the privileges and immunities of the
European Communities, as reflected in Article 15.10 of the
Sixth VAT Directive, goods and services supplied to the

scientific and technical policy

Commission are exempt from VAT, either directly or by
means of subsequent refund of the tax .

Subject : Support for scientific and technical policy

Work under the Monitor Programme on Strategic Analysis,
forecasting and evaluation in matters of research and
technology ( 1989 — 1992 ) ( J ) included the FAST
Programme . According to the Commission, the full results
of the work done in the field of economic and social

cohesion, innovation in agro-biotechnology, aquifer
resources, etc ., were disseminated . What means does the
Commission have for informing citizens that via the FAST
sub-programme, they can have access to these results ? How
can copies be obtained ? Have catalogues of the studies
carried out been published ?

The Commission is anxious to ensure that organizations
which participate in Community funded research and
technological development programmes receive equal
treatment under the common VAT system . It will therefore
continue to monitor the situation carefully, taking
appropriate measures as necessary .

(') OJ No L 200, 13 . 7 . 1989, p . 38 . WRITTEN QUESTION E - 1 442 / 95

by Christine Oddy ( PSE )

Answer given by Mr Santer
on behalf of the Commission

to the Council

( 19 May 1995 )

(7 June 1995 ) ( 95 / C 273 / 31

The Commission would point out that this question is
exactly the same as the Honourable Member's Written
Question No 851 / 95 .

The Commission would therefore refer the Honourable

Member to the answer it has already given to that
question . (').

(•) OJ No C 202, 7 . 8 . 1995, p . 27 .

WRITTEN QUESTION P-1432 / 95

Subject : Persecution of Suryianis in south-east Turkey

Is the Council aware of the position of Suryianis, ancient
Christian inhabitants in south-east Turkey, who are caught
in the conflict between the Kurds and the Turkish

Government ?

From 100 000 inhabitants in the 1960s, there are now only
5 000 today . Will the Council press the Turkish
Government to ensure this community is protected and give
assistance to those made homeless through the Kurdish
conflict ?

by Glyn Ford ( PSE ) Answer

to the Commission
(7 September 1995 )

(4 May 1995 )

( 95 / C 273 / 30 )

The Council has not discussed the specific question of the
situation of the Suryianis . Turkey is composed of a mosaic

Subject : VAT on research programmes of ethnic communities and it is in the framework of the

democratization of its institution that it will be possible to
Can the Commission confirm that it does not intend to ensure that the rights of each and every Turkish citizen are
change the policy globally of claiming VAT on research respected .

Subject : VAT on research programmes

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 19

We hope, as the European Parliament demanded in its
resolution of 16 February 1 995, that Turkey will implement
the legislative changes which will bring the level of its
guarantees of and respect for human rights into line with
that of the Member States of the EU .

For the best information of the Honourable

Parliamentarian, all the Member States of the European
Union have ratified the aforementioned Convention .

Further, as indicated in its response to question E-2573 / 94
on child soldiers the Council has no competence in the
implementation of these provisions, which rests with the
Parties to the Convention .

The Council would also like to draw the attention of the

QUESTION E-1449 / 95 Honourable Parliamentarian to the Member States support

Oddy ( PSE ) of the open ended working group established by the UN

to the Council Economic and Social Council to elaborate a draft optional

protocol to the Convention on the Rights of the Child, on
( 19 May 199 S ) the involvement of children in armed conflicts .

WRITTEN QUESTION E-1449 / 95

by Christine Oddy ( PSE )

to the Council

( 95 / C 273 / 32 )

Subject : Child soldiers

In my Question E-2573 / 94 ( 1 ) on the plight of child soldiers,
the Council stated it had no competence in this matter .

What is the Council's attitude to the recruitment of children

into armies ; some 27 countries recruit children between the
ages of 15 and 18 ?

What steps will the Council take to ensure countries do not
practise such recruitment, which is banned in international
law ?

(') O I No C 88, 10 . 4 . 1995, p . 25 .

Answer

(7 September 1995 )

In posing the question the Honourable Member may have in
mind the provisions of the Convention on the Rights of the
Child, Article 38.2 of which provides for States Parties

to :

' take all feasible measures to ensure that persons who
have not attained the age of 15 years do not take a direct
part in hostilities .'

Article 38.3 of the Convention is also relevant :

' States Parties shall refrain from recruiting any person
who has not attained the age of 15 years into their armed
forces . In recruiting among those persons who have
attained the age of 15 years but who have not attained
the age of 1 8 years, States Parties shall endeavour to give
priority to those who are oldest .'

WRITTEN QUESTION E-l 460 / 95

by Gianfranco Dell'Alba ( ARE )

to the Council

( 22 May 1995 )

(9 SIC 273 / 33 )

Subject : Attack on a Radical Party activist

In view of the fact that on the night of 24 April Nikolaj
Khramov, Radical Party activist and coordinator of the
anti-militarist campaign in Russia, was attacked while
leaving Moscow's Radical Party headquarters and is still in
intensive care at No 7 Hospital, that last year another
Radical Party activist, Andrea Tamburi, died in similar
circumstances, that one of the assailants apparently told the
militia that he was working for the Interior Ministry and
that, following this statement, the arrested persons were
released, will the Council ask the Russian Government to
clarify this matter, which looks like a deliberate attempt to
intimidate the Radical Party in Russia ?

Answer

(7 September 1995 )

1 . On a number of occasions, and particularly
throughout the Chechen crisis, the Council has vigorously
reminded the Russian authorities at all levels of the need to
comply with all the principles of human rights, as developed

No C 273 / 20 EN Official Journal of the European Communities 18 . 10 . 95

in the UN and the OSCE, including freedom of opinion and
political activity .

WRITTEN QUESTION E-l 500 / 95

by Sérgio Ribeiro ( GUE) / NGL )

to the Commission

2 . The Council has not discussed the specific case to
( 22 May 1995 )
which the Honourable Member's question refers .

( 95 / C 273 / 35 )

Subject : Construction of the Pousada ( Inn ) in Ourém

( Portugal ), a project to be carried out ( under way ?)
with Community Funding

WRITTEN QUESTION E-1488 / 95

by Jesús Cabezón Alonso ( PSE )
and Juan Colino Salamanca ( PSE )

to the Commission

( 22 May 1995 )

( 95 / C 273 / 34 )

Subject : Schengen Agreement

Now that the Schengen Agreement has entered into force in
seven Member States of the European Union, does the
Commission intend to submit a draft Directive extending
what is now an inter-governmental agreement to all 15
Member States ?

Answer given by Mr Monti
on behalf of the Commission

( 28 June 1995 )

The Commission has always welcomed the Schengen
initiative as a precursor to fully achieving the objective set
out in Article 7a of the EC Treaty, namely, to abolish all
internal border controls on persons, irrespective of
nationality . The seven Member States party to the Schengen
Agreement attained this objective between themselves on
26 March and have found that the abolition of controls has

not diminished levels of security . On the contrary, initial
experience has shown that, thanks to the accompanying
measures, security in the frontier-free area appears to have
improved .

Yet Schengen will continue to be only a partial expression of
the final aim of abolishing checks on persons until such time
as that aim has been achieved in all the Member States

through instruments adopted by the Community
institutions .

To that end, the Commission has made provision in its work
programme for 1995 for the adoption of the necessary
legislative proposals with a view to completing the
Community legislative framework that will enable border
controls on persons to be dismantled in all the Member

States .

For many years now, the historic borough of Ourém, in the
centre of Portugal, has been subject to slow de-population
and loss of urban and administrative significance due to
indifference and lack of concern on the part of the
authorities, both local and central .

Many years ago now, it was proposed to build a Pousada

( Inn ) as a way of countering this virtual abandonment, and
when it was announced it was to be built with Community
financial support, the news led to hopes that a priceless part
of Portugal's historical and cultural heritage would not be
lost, but would be properly exploited .

The beginning of construction work and the large boards
bearing the 12 stars, the references to Community funds, the
total cost of the project and the 12-month construction
deadline gave the parish priest, the tiny population and
other friends of Ourém grounds for hope, and were,
furthermore, a source of prestige for the European
Community . However, work ground to a halt, the 12
months referred to have become several years, and the
ancient borough has become a vast, impassable and silent
building site . Not a word of explanation nor any public or
private information from any official has been forthcoming .
The once-prestigious billboards have become a subject of
ridicule for the local people and for the — many ! — visitors
whom the historic buildings, even under these conditions,
continue to attract .

I would ask the Commission if it is aware of this situation,
and if it does not think that it is its duty — since no one else is
assuming responsibility — to inform the local people of the
reasons for the suspending or abandoning of the
construction work for which it was jointly responsible and
for the scandalous failure to meet the deadline ?

Supplementary answer by Mrs Wulf-Mathies

on behalf of the Commission

( 28 } uly 1995 )

Further to its answer of 16 June 1 995, the Commission
would like to state that the project to construct a ' pousada '
at Vila de Ourém is not in receipt of Community
funding .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 21

WRITTEN QUESTION E-l 505 / 95

by Edith Miiller ( V )

to the Commission

( 31 May 1995 )

( 95 / C 273 / 36 )

Subject : Commission recommendation on the taxation of

income of frontier-zone workers

In its recommendation 94 / 79 of 21 December 1993 ( J ) the
Commission proposed measures to be taken by the Member
States to avoid tax discrimination against frontier-zone
workers ( i.e . persons who reside in one Member State and
earn their living in another ). The Member States were also
asked to notify the Commission before 31 December 1994
of the legal and administrative provisions they had enacted
in order to comply with the recommendation .

Which Member States duly notified the Commission,
whether before or after the specified date ? What measures
have the Member States taken in this matter ? How does the
Commission judge those measures ? If it considers they fall
short of the recommendation, how will it enforce
compliance ? Will it submit a new proposal for a directive
now that the Court of Justice, in the case Finanzamt
Koln-Altstadt v . Schumackers, has ruled that under the
agreement between Germany and Belgium on the
prevention of double taxation, Germany's taxation
practices are discriminatory and unlawful ?

(') OJ No L 39, 10 . 2 . 1994, p . 22 .

Answer given by Mr Monti
on behalf of the Commission

( 14 July 1995 )

In early 1995 the Commission sent a letter to the Member
States requesting them to inform it of the provisions which
they had adopted or planned to adopt in response to the
recommendation in question .

To date, replies have been received from five Member States :
Denmark, Germany, Ireland, the Netherlands and the
United Kingdom .

Denmark and the Netherlands have pointed out that, in the
meantime, the Court of Justice has delivered its judgment in
Case C-279 / 93 Roland Schumacker v . Finanzamt
Kôln-Altstadt and that they are in the process of examining
the amendments which will have to be made to their
legislation to take account of the principles established by
the Court in this case .

The United Kingdom has indicated that it has not adopted
any new legislation .

Germany has drawn the Commission's attention to its new
legislation of 24 June 1 994 on the taxation of non-residents

( Grenzpendlergesetz ), which, in principle, treats
non-residents in the same way as residents for tax purposes,
except where the ' splitting tariff ' is concerned, on condition
that they obtain almost all of their income in Germany .

Ireland has informed the Commission that, by means of the
Finance Act 1994, it amended its legislation in such a way
that non-residents qualify for all personal allowances
provided that they obtain at least 75 % of their income in
Ireland . At first sight, this amendment appears to comply
with the principles laid down in the recommendation .

The Commission has received no replies from the other
Member States and does not know whether they have
amended their relevant legislation . On 31 March 1995,
however, the Belgian Council of Ministers approved a draft
law on a new tax scheme for non-residents which, according
to the information available, appears to be broadly
consistent with the principles laid down in the
recommendation .

In this connection, it should also be pointed out that, as
mentioned by the Honourable Member, a new factor has
arisen in the form of the important judgment delivered by
the Court of Justice on 14 February 1995 in Case C-279 / 93 .
The Court laid down that Article 48 of the EC Treaty
precludes heavier tax treatment for a non-resident who
obtains his income entirely or almost exclusively from the
work performed in the Member State where he is employed
and does not receive in the Member State where he has his

residence sufficient income to be subject to taxation there in
a manner enabling his personal and family circumstances to
be taken into account .

In view of the importance of the Court's judgment for
non-resident workers in Mr Schumacker's position, the
Commission has asked all Member States to inform it of
which measures, if any, they plan to take in order to comply
with Community law as interpreted by the Court . It will
take account of the Member States ' answers in any action it
subsequently takes .

WRITTEN QUESTION P-1513 / 95

by Poul Schliiter ( PPE )

to the Commission

( 22 May 1995 )

( 951 C 273 / 37 )

Subject : Refund of tax on C0 2 emissions

Does the Commission consider that the bill tabled by the
Danish Government on the introduction of specific taxes on

No C 273 / 22 EN Official Journal of the European Communities 18 . 10 . 95

C0 2 emissions, which may, in certain cases and in
accordance with certain provisions, be wholly or partially
refunded to the undertakings on which they are levied, is in
accordance with the provisions of the Treaty concerning
State aid ?

Answer given by Mr Van Miert

of the Treaty, and will, by favouring the American company
vis-à-vis European companies in the sector, lead to unfair
competition .

Answer given by Mr Van Miert

on behalf of the Commission

on behalf of the Commission

( 22 June 1995 )
( 13 J une 1995 )

The Commission is aware that the Danish Government has

submitted a number of proposals to the Danish Parliament
modifying the existing CO2 tax scheme in Denmark and that
according to these proposals the proceeds of the various
taxes on energy consumption will be reimbursed to the
industry . It is the Commission's view, on the basis of the
information available to it, that this new C0 2 tax package
may contain state aid to certain companies within the
meaning of Article 92(1 ) EC Treaty and that the proposals
should be notified to the Commission pursuant to
Article 93(3 ) EC Treaty . The Danish Government has very
recently submitted this notification .

The compatibility of the proposals with the common market
will be assessed in the light of the general principles
governing state aid and the relevant existing state aid rules,
in particular the Commission's environmental aid
guidelines (') and the SME aid guidelines ( 2 ). However, in
view of the complexity of the tax package and the fact that
the Commission received the notification only within the
last few days, it is not possible at this time to determine
whether the proposals are compatible with the State-aid
rules .

C ) OJ No C 72, 10 . 3 . 1994 .

( 2 ) OJ No C 213, 19 . 8 . 1992 .

WRITTEN QUESTION E-1539 / 95

by André Sain j on ( ARE )

to the Commission

(1 June 1995 )

( 95 / C 273 / 38 )

Subject : Snap-on takeover of Eurotools

According to Spanish press reports of recent months, a
major American company is apparently about to take over
the leading Spanish tool manufacturer .

Is the Commission aware of the conditions under which this
operation is taking place, particularly the fact that the
Basque Government apparently intends to cancel all the
debts owed to it by the Spanish company, amounting to
Pts 8 billion ?

Does the Commission not think that the cancellation of
these public debts constitutes an infringement of Article 92

The Commission does not possess any information at the
moment regarding any intention on the part of the Basque
regional authorities to cancel debts owed to it by Eurotools
as part of a takeover by the US firm Snap-on .

Nevertheless, it is reported in the press that Eurotools has
acquired control of the Basque holding company Favahe
S.A. The Commission was already aware of possible aid to
Favahe and has sought information from the Spanish
authorities . Their reply is expected shortly .

WRITTEN QUESTION E-1549 / 95

by Encarnación Redondo Jiménez ( PPE )

to the Commission

(1 June 1995 )

95 / C 273 / 39

Subject : End of the exceptional regime of Article 129 of the

Adhesion Act of the Kingdom of Spain to the
European Communities

According to the text of the Agreement between the United
Kingdom and the Kingdom of Spain and related statements
at Article 18 of the Directive on the structure of excise duty
on alcohol and alcoholic beverages ('),

the Council and Commission declare that, during 1995, the
Council, acting on a proposal from the Commission, and
according to the procedure of Article 43 of the EEE Treaty,
shall adopt the necessary provisions to put an end to the
exceptional regime of Article 1 29 of the Adhesion Act of the
Kingdom of Spain to the European Communities before

1 January 1 996 ;

the United Kingdom undertakes to promote any necessary
legislation which would discontinue the authorization of the
use of the name ' British Sherry ' on its domestic markets after

1 January 1996 .

1 . What provisions has the Commission adopted in time to

ensure that the undertaking on the part of the Council is
met with regard both to the term ' British Sherry ' and the
terms ' Irish Sherry ' and ' Cyprus Sherry '?

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 23

2 . What type of legislation will the United Kingdom have

to promote in order to ensure that the authorization of
the use of the name ' British Sherry ' after 1 January 1996
is actually discontinued ? What measures have been or
will be adopted by the Commission in order to verify
that this undertaking has been respected ?

(') OJ No L 316, 31 . 10 . 1992 .

Answer given by Mr Fischler
on behalf of the Commission

( 22 June 1995 )

The Commission has several times reaffirmed its desire to

see an end to the exceptional regime provided for in
Article 129 of the Act of Accession of Spain and Portugal, in
particular in its replies to parliamentary questions 1382 / 85,
211 / 88, 480 / 89, 1098 / 89, 2827 / 90, 554 / 91, 707 / 91 and

1473 / 91 and lastly, in 1992, in its joint statement together
with the Council in connection with the Agreement between
the United Kingdom and Spain and related statements
concerning Article 18 of Directive 92 / 83 / EEC on the
harmonization of the structures of excise duties on alcohol

and alcoholic beverages .

The Commission will soon be proposing, on the basis in
particular of Article 43 of the EC Treaty and therefore
subject to the opinion of Parliament, that the Council should
amend Regulation ( EEC ) No 823 / 87 C ) and in particular
Article 15(5 ) to put an end to the exception which allows use
of the denominations ' Cyprus Sherry ', ' British Sherry ' and
' Irish Sherry ' until 31 December 199 5 in the territory of the
United Kingdom and of Ireland .

Regarding the concrete measures which the United
Kingdom will have to introduce to put an end to the use of
this designation after 1 January 199 6, the Commission will
be ensuring that they are in accordance with the Regulation
that the Council will be adopting .

(') OJ No L 84, 27 . 3 . 1987 .

WRITTEN QUESTION E-1552 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Council

(9 June 1995 )

( 95 / C 273 / 40 )

Subject : Absence of EU leaders at the military parade in

Moscow

The leaders of the 15 Member States of the European Union
were conspicuously absent from the military parade held in
Moscow to celebrate the 50th anniversary of the end of the

Second World War despite the fact that Europe is eternally
indebted to the people and the armed forces of the former
Soviet Union, 25 million of whom lost their lives in the fight
against fascism .

Were talks held within the Council of Foreign Ministers to
determine a common position in this regard as defined in
Articles J. 2 and J. 3 of the Maastricht Treaty ? If so, at which
particular meeting of the Council ? Or was it, as the
international press claims, the result of pressure and
demands by the German Chancellor ? If there was agreement
on a common position, why was the German Chancellor
also alone in being absent from the parade of veterans when
the leader of that country in particular ought to have been
present ?

Answer

(7 September 1995 )

1 . The Member States have not engaged in consultations
such as those provided for in Article J2 of the TEU, nor have
they yet adopted any joint action in accordance with
Article J3 of the TEU with regard to the parades to which the
Honourable Member refers .

2 . On the question of the military parade of 9 May in
Moscow ( Poklonnaya Gora / Kutuzovskiy Prospekt ) and the
veterans ' commemorations and parade ( Red Square ), the
Member States have confined themselves to exchanging
information on their intentions regarding representation .

WRITTEN QUESTION E-1570 / 95

by Giles Chichester ( PPE )

to the Commission

(7 June 1995 )

( 95 / C 273 / 41 )

Subject : Milk quotas

In view of the possibility that extra quota will now be
granted permanently to Greece and Italy, will the
Commission consider granting more quota to other regions,
such as the UK, where milk production does not fully cover
the demand for milk and milk products ?

Answer given by Mr Fischler
on behalf of the Commission

( 23 June 1995 )

The reasons for and circumstances surrounding the
Commission proposal for a definitive increase in the
reference quantities for Italy and Greece are set out in the
reply to the Honourable Member's Written Question
E-1568 / 95 C ).

No C 273 / 24 EN Official Journal of the European Communities 18 . 10 . 95

The milk-quota scheme has never taken self-sufficiency recognition of study periods through inter-university
levels into account . Had they been, the scheme would never cooperation agreements between host universities and
have been implemented because of the disparities universities of origin . The rare cases of partial recognition
throughout the Community . which have been referred to the Commission have been

resolved after action by the Commission to ensure
compliance with the Decisions adopting the programmes .
( ] ) OJ No C 270, 16 . 10 . 1995 .

WRITTEN QUESTION E-1589 / 95

by Gerardo Fernândez-Albor ( PPE )

to the Commission

( 12 June 1995 )

( 95 / C 273 / 42 )

Subject : Establishment of the post of European University

Ombudsman

The new structure of the European university sector (a result
of the recent Community provisions relating to this area )
means that students throughout the European Union have
to deal with a whole set of connected complementary ( and,
in certain cases, contradictory ) provisions, according to
which Member States ' Regulations are followed .

In response to this situation, student representatives are
considering the possibility of establishing the post of
European University Ombudsman to deal with complaints,
requests, validation and other various options available to
students from any Member State under the new Community
provisions, since the Member States ' bureaucracy tends to
prevent students from taking advantage of the opportunities
offered by the provisions for European Union university
integration .

Does the Commission not think it should consider the
possibility of establishing the post of European University
Ombudsman to deal with enquiries from students
concerning any matter which may bring Community
provisions to facilitate university exchange, promotion and
inter-relationship intro conflict with contradictory national
provisions ?

Answer given by Mrs Cresson

on behalf of the Commission

( 31 July 1995 )

The Community programmes Erasmus and Lingua ( now
incorporated into the Socrates programme ) provide for

As rightly pointed out by the Honourable Member, a large
number of problems have arisen concerning academic
recognition outside the framework of cooperation
arrangements under Socrates . The Member of the
Commission responsible for education, training and
research drew attention to this matter in her address

marking the launching of the Socrates programme . She
referred to the need to end an absurd situation in which

recognition of the diplomas necessary to exercise a
profession is a fait accompli in Europe, but recognition of
the constitutive elements of those diplomas is not .

It is the responsibility of the Member States to solve these
problems . However, the idea of an ombudsman or contact
group is worth considering (a green paper on obstacles to
academic recognition is currently being prepared ). Ideas
could also be drawn from the existing contact group on
professional recognition .

WRITTEN QUESTION E-1592 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 12 June 1995 )

( 95 / C 273 / 43 )

Subject : Women's studies in the fourth Community Action

Programme for Equal Opportunities for Women
and Men

The third Community Action Programme for Equal
Opportunities for Women and Men refers to women's
studies ( Unit 2.3 ' Research on the Situation of Women in the
Labour Market '). Since women's studies can contribute to
achieving economic, social and political equality between
men and women, will the Commission say whether it
intends to include women's studies in the Fourth
Community Action Programme for Equal Opportunities for
Women and Men ? If so, what approach does it intend to

adopt to ensure that optimal results are obtained in pursuing
the objectives set out in the Fourth Community Action
Programme ? Furthermore, what specific references to
women's studies does it intend to include in the new Action

Programme ?

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 25

Answer given by Mr Flynn mind the proposal submitted by the European Dehydrators
on behalf of the Commission Association ( CIDE ) that the maximum NGQ for Greece

( 28 July 1995 ) should be increased to 50 000 tonnes, which is still only
equivalent to a 0,4 % of the overall European quota ?

The Commission is aware of the importance of ensuring that
women's studies are included in the fourth action

programme on equal opportunities between men and

women .

The fourth action programme intends to focus around all
the measures necessary to inspire a change in attitudes
towards the partnership of women and men in European
societies .

Innovative campaigns and studies have already been
undertaken in Member States which cross the traditional

disciplinary and departmental lines and which can
contribute to the foundations for the transnational
exchanges and campaigns . The Commission will support in
the fourth action programme the development of women's
studies research which draws on several disciplines to
formulate new working concepts on relations between
women and men in contemporary society . Furthermore,
research will continue to play a fundamental role due to its
theoretical and empirical contribution in various fields of
political action, economic and social policy in the
promotion of equal opportunities between men and

women .

WRITTEN QUESTION E    - 1 5 95 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 12 June 1995 )

( 95 / C 273 / 44 )

Subject : Special characteristics of the dried fodder sector in

Greece and amendment of Council Regulation

( EC ) No 603 / 95

Council Regulation ( EC ) No 603 / 95 (') on the common
organization of the market in dried fodder provides that the
national guaranteed quantity ( NGQ ) for Greece is 32 000
tonnes . The NGQ for each Member State was calculated on
the basis of average production in 1992 / 93 and 1993 / 94 .
However, the Greek dried fodder industry had only recently
been established and it had not yet reached its production
capacity, like other Member States . This creates serious
problems for Greek producers who receive far less aid, if
allowance is made for the penalties for exceeding the
maximum guaranteed quantity in . Greece . Greek producers
also face substantial amortization costs, since this
agri-industrial sector has only recently been set up .

Will the Commission say whether it intends to propose that
Regulation ( EEC ) No 603 / 95 be amended so as to put an
end to the unfair treatment of Greek producers, bearing in

C ) OJ No L 63, 21 . 3 . 1995, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 29 June 1995 )

The National Guaranteed Quantities ( NGQs ) of
dehydrated fodder allocated to the various Member States
under Council Regulation ( EEC ) No 603 / 95 on the common
organization of the market in dried fodder were calculated
on the basis of subsidized national production in the

1992 / 93 and 1993 / 94 marketing years .

The NGQs were discussed in the Council, leading to the
Presidency's compromise adopted on 19 July 1994, which
was endorsed by all the Member States .

At the time, the calculation of production in the reference
marketing years gave an NGQ of dehydrated fodder for
Greece of 24 000 tonnes .

During the discussion that figure was increased by 8 000
tonnes to 32 000 tonnes, resulting in the Greek NGQ of
dehydrated fodder laid down in the abovementioned
Regulation ( EC ) No 603 / 95 .

Since the final compromise on the NGQs represents the
outcome of lengthy negotiations, the Honourable Member
will appreciate that the Commission does not intend
reopening the discussion, in particular at the beginning of
the first year of application .

WRITTEN QUESTION E-l 607 / 95

by Edward McMillan-Scott ( PPE )

to the Commission

( 12 lune 1995 )

( 95 / C 273 / 45 )

Subject : Frontier checks for train passengers using the

Channel Tunnel

Is it in accordance with Community law for European
citizens arriving on certain trains at Brussels Midi from
London Waterloo to be filtered in such a way that, for
example, Belgian nationals holding a Belgian identity card
are permitted to by-pass the police counter, while British
nationals are required to present themselves at the police
counter, and have their passports stamped ?

No C 273 / 26 EN Official Journal of the European Communities 18 . 10 . 95

Answer given by Mr Monti
on behalf of the Commission

Answer given by Mr Papoutsis

on behalf of the Commission

. 27 June 1995 ) ( 10 July 1995 )

The accompanying measures considered by the Member
States to be a prerequisite for the abolition of personal
checks at the Community's internal frontiers have not all
been implemented as yet . For this reason, Member States
have continued to carry out checks at internal frontiers .
Since 26 March 1 995 seven Member States have been

applying the Schengen Agreement and have thus abolished
personal checks at their common frontiers while
maintaining checks at the external frontiers of the
frontier-free area they form, including at those frontiers
within the Community with the Member States not applying
the Agreement .

Nevertheless, checks at external Schengen frontiers, which
may constitute internal frontiers of the Community, must
comply fully with Community legislation governing the free
movement of Community citizens and members of their
family, under which Member States are prohibited from
stamping the passports of Community citizens and their
family members when they cross a frontier ( see also
the Commission's reply to Written Question
No 2279 / 88 ) (')• .

As for the situation referred to by the Honourable Member,
the Belgian authorities have informed the Commission that
the stamping of some United Kingdom passports during
checks carried out at Brussels Midi Station on Eurostar

passengers does not result from any Belgian legislation or
administrative instructions, but is a regrettable mistake
resulting from the fact that the staff carrying out the checks
since the entry into force of the Schengen Agreement have
had difficulty in distinguishing between United Kingdom
passports held by Community citizens and those held by
British subjects who do not benefit from the free movement
of persons .

The Commission will closely monitor this situation and will
approach the Belgian authorities if it should persist .

(>) OJ No C 139, 7 . 6 . 1990 .

The Commission has underlined its commitment to an

active energy efficiency policy by adopting on 31 May 1995
an enlarged and strengthened proposal for a Save II
programme ( l ) with a significantly increased budget of ECU

150 million for the 5-year period 1996 — 2000 . The new
Save programme also incorporates strengthened actions for
regional and urban energy planning actions, and has been
improved based on the experience gained with the Save
programme . The evaluation of the Save programme, made
by independent experts, will be forwarded to Parliament
and Council along with the Save II proposal .

It should also be noted that there is a further action, the
Altener programme, which is the Community initiative
specifically aimed at promoting renewable energy .

(') COM(95 ) 225 .

WRITTEN QUESTION E-1617 / 95

by Raymonde Dury ( PSE )

to the Commission

( 12 J une 1995 )

95 / C 273 / 47 )

Subject : Double social security contributions

Since 1989 a Belgian national has been employed in
Belgium, but resident in France, where she has paid tax over
the same period . Since January 1993 the URSSAF ( France )
has required her to pay a quarterly social security
contribution calculated on the basis of her gross salary . A
year later the corresponding Belgian institution also began
to levy a special social security contribution based on her net
salary .

Could the Commission tell me what action should be taken

by this person, who is being made to pay double social
WRITTEN QUESTION E-1616 / 95
security contributions by the administrations of these

by Anita Pollack ( PSE ) countries ?

to the Commission

( 12 June 1995 )

( 95 / C 273 / 46 )
Answer given by Mr Flynn
on behalf of the Commission

Subject : Environment and energy efficiency ( 31 J u ly 1995 )

What proposals does the Commission have in mind to move
forward from the disastrously weak and poorly
implemented SAVE programme, to promote energy saving,
renewables and combined heat and power ?

The Commission is aware of this problem, which affects
workers resident in France but employed in another
Member State and is a result of the generalized social

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 27

contribution ( CSG ) payable under Articles 136-1 et seq . of
the French Social Security Code .

The problem raises questions regarding application of
Regulation ( EEC ) No 1408 / 71 ( consolidated version ) (').
Article 13.2 ( a ) of this Regulation states that workers
employed in the territory of one Member State but resident
in another shall be covered by the social security system of
the Member State in whose territory they exercise their
activity . Consequently, a worker resident in France but
working in Belgium is covered by the Belgian social security
system . This also applies to the payment of social
contributions .

Following a detailed examination of the nature of the CSG,
the Commission is of the opinion that it must be regarded,
for the purposes of application of Regulation ( EEC )
No 1408 / 71, as a social contribution . It cannot therefore be
levied on the income from activity or income substitution
benefit received by persons who are resident in France but
covered by the social security legislation of another Member
State .

The Commission can inform the Honourable Member that

it has decided to initiate the procedure set out in Article 169
of the EC Treaty in respect of the CSG . In response to this
step, the French authorities have announced that frontier
workers will no longer be required to pay the CSG pending
reform of the French legislation concerned .

The Commission will examine the new legislation from the
point of view of compatibility with Community law before
deciding whether or not to continue with the procedure set
out in Article 169 of the EC Treaty .

As far as the special social security contribution introduced
by the Belgian Law of 30 March 1994 is concerned, the
Commission is of the opinion, based on the aforementioned
provisions of Regulation ( EEC ) No 1408 / 71, that frontier
workers working in Belgium but resident in another
Member State could be obliged to pay this contribution .

Does the Commission not think that this arrangement leads
buyers to believe that the goods are of Belgian origin,
whereas this is not in fact the case ?

This confusion can cause problems : a French wholesale
butcher is threatening to leave an abattoir situated in
Mouscron, Belgium, because his customers refuse to buy
meat which, although French, is stamped ' Belgium — 129 —
EEC '.

Could the Commission not propose that Directive
64 / 433 / EEC ( ] ) be amended so that carcasses are stamped
' EEC 129 ', without any mention of the Member State in
which the animal was slaughtered ? Does it have an
alternative proposal ?

(') OJ No 121, 29 . 7 . 1964, p . 2012 / 64 .

Answer given by Mr Fischler
on behalf of the Commission

( 24 July 1995 )

Health conditions for the production and marketing of fresh
meat in the Community are laid down in Council Directive
64 / 433 / EEC, as amended by Directive 91 / 497 / EEC (')
(' fresh meat Directive '). Meat which has been produced in
conformity with the rules of the Directive must be given a
health mark in accordance with the relevant provisions of
the Directive and in particular of its annexes . This health
mark must carry the approval number of the establishment,
as well as the Member State of production in capital
letters .

The health mark has the function of an official seal and must

allow the place of production to be identified . For this
purpose the Member State has to be indicated on the health
mark .

. The health mark is not a commercial label and indicates

nothing about the origin of the animal . It refers only to the
(') OJ No C 325, 10 . 12 . 1992 . establishment where the meat was produced .

(') OJ No L 268, 24 . 9 . 1991 .

WRITTEN QUESTION E - 1 620 / 95

by Gérard Deprez ( PPE )

WRITTEN QUESTION E-1632 / 95

to the Commission
by Stephen Hughes ( PSE )

( 12 June 1995 )

to the Commission
( 95 / C 273 / 48 )

Subject : Directive 64 / 433 / EEC and possible confusion

about the origin of slaughtered animals

When animals from other European countries are
slaughtered in Belgian abattoirs they are stamped with an
oval stamp bearing the number 129 and the word
' Belgium '.

( 12 June 1995 )

( 95 / C 273 / 49 )

Subject : European workplace week — March 1996

There have been rumours of late that a European Workplace
Week will be held in March 1 996 . While this would be a

welcome step, time is starting to press and organizations

No C 273 / 28 EN Official Journal of the European Communities 18 . 10 . 95

throughout the European Union will need to start
organizing .

Could the Commission confirm that such a week will be

held and, if so, when it will be ?

Answer given by Mr Flynn
on behalf of the Commission

(7 July 1995 )

The Commission is giving consideration to the organization
of a European week of safety, hygiene and health at work .
This follows the opinion of the Advisory committee on
safety, hygiene and health protection at work which has
suggested that such a week should be organized from time to
time . A tripartite group of experts composed of
representatives from each Member State has proposed that
the week should begin on 7 October 1 996 and be devoted to
' managing health and safety in small and medium-sized
enterprises '.

WRITTEN QUESTION E-1635 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 12 June 1995 )

( 95 / C 273 / 50 )

Subiect : The sugar market

The system of national quotas introduced under the

Community scheme for the sugar market establishes
production rights and inevitably contributes to growing
over-production, which has a major impact on consumer
prices and the financial balance of the scheme itself . An
over-production rate of 35 % (4 million tonnes ) is also a
burden on taxpayers, who are obliged to pay the relevant
storage costs and a proportion of export subsidies .

Would the Commission agree that it should review the
extension until 2001 of the common organization of the
sugar market ?

Answer given by Mr Fischler
on behalf of the Commission

( EC ) No 1101 / 95 of 24 April 1995 amending Regulation

( EEC ) No 1785 / 81 on the common organization of the
market in the sugar sector and Regulation ( EEC )
No 1010 / 86 laying down general rules for the production
refund on certain sugar products used in the chemical
industry ) ( 2 ) which provides in particular for the existing
levels of production quotas for sugar, isoglucose an inulin
syrup to be continued unchanged for the six marketing years

1995 / 96 to 2000 / 01 .

These six years coincide with the period foreseen for the
implementation of the agreement on agriculture resulting
from the Uruguay Round of multilateral trade negotiations .
With this in mind, a new mechanism has been put in place
for carrying out a possible reduction of the levels of
production guaranteed by the quotas if this proves to be
necessary for one or more marketing years in order to ensure
compliance with the Community's obligations under the
said agreement . This new mechanism, combined with the
other market management instruments constituting the
common organization of the market in the sugar sector,
should ensure a sound policy foundation for meeting the
needs of this sector over the coming six years .

The self-financing system particular to the sugar sector will
furthermore continue to ensure over the same period that
the costs of marketing the surplus production under the
quotas will be fully borne by the producers themselves
through the twice-yearly payment of production levies . In
this respect it is important to note that the degree of
self-sufficiency provided by the quotas has in fact averaged

112 % over recent years . The higher figure indicated by the
Honourable Member includes sugar imports, mainly from
ACP States and India under preferential conditions,
together with C sugar which does not benefit from the
guarantees provided by the quotas .

In these circumstances and in view of the fact that Council

Regulation ( EC ) No 1 101 / 95 has already laid down that the
subsequent production quota arrangements will be adopted
before 1 January 2001, the Commission does not envisage
submitting the necessary proposals until much closer to the
prescribed date, when it will be possible to take into account
the experience gained from the practical application of the
new measures in the sugar sector .

(') COM(94 ) 439 final .

( 2 ) OJ No L 110, 17 . 5 . 1995 .

WRITTEN QUESTION E-1643 / 95
by Amedeo Amadeo ( NI ) and Spalato Belleré ( NI )

(. 27 June 1995 ) to the Commission

( 15 June 1995 )

The Commission's proposal of 16 November 1994 ( ) on ( 95 / C 273 / 51 )
the production quota and other arrangements to apply in
the Community's sugar sector after the existing
arrangements expire on 30 June 1995, formed the basis for Subject : Free movement of doctors
an in-depth review of the policy in this sector . This latest of a
series of reviews led to the adoption on 24 April 1995 of With regard to the ' proposal for a
Council Regulation ( EC ) No 1101 / 95 ( Council Regulation Council Directive amending Directive

Subject : Free movement of doctors

With regard to the ' proposal for a European Parliament and

Council Directive amending Directive 93 / 16 / EEC ( ! ) which

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 29

facilitates the free movement of doctors and provides for the
mutual recognition of their diplomas, certificates and other
evidence of formal qualifications, and conferring
implementing powers on the Commission for the updating
of certain Articles thereof ' ( 2 ) and to Article 145 of the
Treaty establishing the European Community whereby ' the
Council shall . . . confer on the Commission, in the acts
which the Council adopts, powers for the implementation of
the rules which the Council lays down ', can the Commission
say how it considers that essential changes can be made do
Directive 93 / 16 / EEC ?

(M OJ No L 165, 7 . 7 . 1993, p . 1 .

( 2 ) OJ No C 389, 31 . 12 . 1994, p . 19 .

WRITTEN QUESTION E-1644 / 95

by Amedeo Amadeo ( NI ) and Spalato Belleré ( NI )

to the Commission

( 15 lune 199 S )

( 95 / C 273 / 52

Subject : Free movement of doctors

The ' proposal for a European Parliament and Council
Directive amending Directive 93 / 16 / EEC which facilitates
the free movement of doctors and provides for the mutual
recognition of their diplomas, certificates and other
evidence of formal qualifications, and conferring
implementing powers on the Commission for the updating
of certain articles thereof ' emphasizes the key role of the
' Advisory Committee on Medical Training ' on the grounds
that it is not enough simply to involve the ' Committee of
Senior Officials on Public Health '.

Can the Commission say therefore whether it does not
consider it essential, in every procedure, to request the
opinion of the Standing Committee of Doctors of the EC as
the body which groups together the top national
organizations at European level ?

WRITTEN QUESTION E-1645 / 95
by Amedeo Amadeo ( NI ) and Spalato Belleré ( NI )

to the Commission

States to ensure that when a proposal for a Directive is being
drawn up in this connection, the competent authorities
consult the national medical associations ?

Joint answer to Written Questions E-1643 / 95, E-1644 / 95

and E-1645 / 95

given by Mr Monti
on behalf of the Commission

(4 July 1995 )

The Commission regards the proposal to delegate to it
powers to amend Articles 5, 7, 26 and 27 of Directive
93 / 16 / EEC by means of the committee procedure as being
compatible with Article 145 of the EC Treaty . Parliament's
Committee on Legal Affairs and Citizens ' Rights examined
the question in detail (') and, so as to dispel any doubts,
proposed clarifying in the main body of the Directive the
extent of the delegated powers . Such was the purpose of
amendments 3, 4 and 5, which were put to the vote at the
part-session from 27 to 29 June 1995 .

The proposal for a Directive provides only for action by the
Committee of Senior Officials on Public Health, set up
under Council Decision 75 / 365 / EEC ( 2 ), since it is the sole
committee that objectively satisfies the requirements
contained in Council Decision 87 / 373 / EEC laying down the
procedures for the exercise of implementing powers
conferred on the Commission ( 3 ). The Committee on Legal
Affairs and Citizens ' Rights examined this question too,
concluding that consultation of a committee of medical
experts ' could not be brought about under the rules laid
down in Decision 87 / 373 / EEC ' ( 4 ).

The Commission considers that Member States should be

left to conduct internal consultations as they see fit, and the
information at its disposal would suggest that the relevant
authorities in most Member States consult the medical

profession's representative bodies as a matter of course .

(') PE 211.189 .

( 2 ) OJ No L 167, 30 . 6 . 1975, p . 19 .

( 3 ) OJ No L 197, 18 . 7 . 1987, p . 33 .

( 4 ) Section B(II)(7 ) of PE 211.189 .

WRITTEN QUESTION E-1653 / 95

by Karl Schweitzer ( NI )
( IS June 1995 ) to the Commission

( 95 / C 273 / 53 )

( 15 June 1995 )

( 95 / C 273 / 54 )
Subject : Free movement of doctors

With regard to the ' proposal for a European Parliament and
Council Directive amending Directive 93 / 16 / EEC which
facilitates the free movement of doctors and provides for the
mutual recognition of their diplomas, certificates and other
evidence of formal qualifications, and conferring
implementing powers on the Commission for the updating
of certain articles thereof ', can the Commission say whether
it does not consider that it should exert pressure on Member

Subject : Ebola and Marburg viruses — epidemic in
Africa

Flights from Kinshasa ( Zaire ) land at many European
airports .

1 . What protective measures does the Commission plan to

take to ensure that Europeans are not infected by this
epidemic via aircraft ?

No C 273 / 30 EN Official Journal of the European Communities 18 . 10 . 95

2 . Does the Commission intend to place animals from Answer given by Mr Fischler
Africa intended for research purposes in quarantine in on behalf of the Commission
the country of export and test them there, ignoring ( 26 July 1 995 )
counterfeit documents which generally show south-east
Asian countries as the place of origin ?

The measures to support the three main oilseed crops ( rape,
sunflower and soya ) are governed by Council Regulation

Answer given by Mr Flynn
on behalf of the Commission

(7 July 1995 )

The Commission is well aware of the appearance in Zaire of
cases of haemorrhagic fever caused by the Ebola virus and of
the risks of transmission by travellers who may be infected
entering Community territory from that country . Since the
anouncement of this new epidemic, all the Member States
have taken appropriate measures accordingly, namely
informing passengers coming from the area affected by the
epidemic that they should, if necessary, contact specialist
medical services . Within its terms of reference, the
Commission took the decision on 18 May 1995 to prohibit
until 31 July 1995 the import of monkeys from or native to
Zaire .

WRITTEN QUESTION E-1660 / 95

by Mathias Reichhold ( NI )

to the Commission

( 15 June 1995 )

                                              - ( 95 / C 273 / 55 )

Subject : Rape seed cultivation in Austria

In Austria, following electoral promises made by the then
minister, Mr Fischler, many farms planted rape seed because
large subsidies were promised for this crop . As no precise
guidelines were available, the Federal Ministry for
Agriculture and Forestry was asked for information and
sent the following reply :

The measure in question has still to be cleared politically
with the EU . The EU premium is 6 904 schillings per hectare

( general rate / small producer rate ). The degressive premium
is 3 700 schillings per hectare .

Why has it not yet been possible to reach agreement on this
matter ?

What proposal has the EU made concerning this
subsidy ?

When are the next negotiations to take place ?

Will Mr Fischler, the EC Commissioner, not agree to the
subsidies promised by Mr Fischler, the Federal Minister, or
did no negotiations take place with the EU on the promised
subsidies before accession ?

( EEC ) No 1765 / 92 ( ! ) and by the ' explanatory note on
oilseeds ' in the Blair House Accord . It was decided that this

agreement would be an integral part of the commitments
made by the signatory States to the Uruguay Round
conclusions . It applies accordingly to all of the Member
States, including the three new ones . When drawing up the
Act of Accession emphasis was placed in particular on the
need to comply with the enlarged Community's
international commitments . This legal framework as a result
prohibits any specific additional aid for oilseed
cultivation .

The following solution was found for Austria, however :

Pursuant to the Act of Accession, the Commission
authorized Austria to grant its arable crop producers

( including those producing certain oilseeds ) a transitional,
degressive national aid in the period from 1995 to 1999 . The
aid, amounting to OS 3 700 per hectare, was published in
the Official Journal of the European Communities in June

1 995 .

As this aid per hectare is not differentiated by type of
production, it does not violate the Community's
commitments under the GATT .

Austrian oilseed producers will furthermore benefit from
compensatory payments for the hectares involved, in
accordance with Council Regulation ( EEC ) No 1765 / 92 .

To conclude, rape seed producers in Austria can benefit
from the compensatory amounts and from transitional,
degressive aid in respect of the hectares of rape seed grown
by them .

(') OJ No L 181, 1 . 7 . 1992 .

WRITTEN QUESTION E-l 661 / 95

by Mathias Reichhold ( NI )

to the Commission

( 15 June 1995 )

( 95 / C 273 / 56 )

Subject : Labelling of genetically engineered food
products

The questioner shares the view of the German Minister of
Agriculture, Mr Borchert, that European consumers should
be able to know what they are eating . Consumers must be in

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 31

a position to choose when doing their shopping . What does
the Commission plan to do to find an acceptable and
practicable means of labelling all genetically engineered
food products ?

Rhine and Meuse Basins which would assist in predicting
serious flooding well in advance .

Given the serious and ongoing flooding in certain parts of
the West of Ireland, acknowledged recently by the EU in its
agreement to provide emergency funding to this region ; can
the Commission confirm that such research will also be
Answer given by Mr Bangemann extended to this same region ?

on behalf of the Commission

( 28 July 1995 )

The Commission shares the Honourable Member's view

that consumers must be in a position to choose when doing
their shopping . Comprehensive rules on the labelling of
food products are an effective way of ensuring this .

Rules of this kind that also cover the food products
mentioned by the Honourable Member must contain useful,
relevant information that tells consumers everything they
need to know . They must also be acceptable and practicable,
as the Honourable Member himself points out .

One approach might be to require special labelling in all
cases in which the product characteristics of a novel food
product, e.g . one that has been genetically modified, so that
its composition, nutritional value or intended use differ
substantially from the conventional product . The labelling
should not only include information about the modified
characteristics of the product but might also indicate the
manufacturing process used, e.g . genetic engineering . This
special type of labelling should be defined when the product
is granted market authorization .

The Commission will make a particular point of seeking a
consumer-oriented, comprehensive and at the same time
practicable solution to the problem of the labelling of novel
food products .

Answer given by Mrs Cresson

on behalf of the Commission

( 31 July 1995 )

The Commission has indeed appointed a group of experts to
draw up conclusions on the recent flooding of the Rhine and
Meuse in order to limit, if possible, damage in the future .
The conclusions they reach would of course be applicable in
other regions too .

The Commission is also studying projects directly
concerning Ireland : firstly, there is a project in progress on
the impact of climate change and of the Atlantic,
particularly where the risk of flooding is concerned, and
secondly, a proposal has been put forward by University
College, Dublin on the modelling and prediction of floods in
urban areas which looks very interesting . The results of this
evaluation will be known in September .

The Honourable Member can obtain further information

from Mr Gray, Director of the Environment Research
Programme at DG XII, which is responsible for Science,
Research and Development .

WRITTEN QUESTION E-1670 / 95

by Peter Crampton ( PSE )
WRITTEN QUESTION E-1665 / 95 to the Commission

by Mark Killilea ( UPE )

( 15 June 1995 )

to the Commission
( 95 / C 273 / 58 )

( 15 June 1995 )

( 95 / C 273 / 57 )

Subject : Role of the Agricultural Advisory Committee of

Ecosoc

Subject : New research programme to predict floods

A group of experts has been brought together by the
Commissioner for Research to draw up research projects,
financed from the EU's R&D Programme on Environment
and Climate, in order to compile computer modelling of the

In view of the cancellation of meetings, the difficulties in
meeting with Commission officials and the non-forwarding
of opinions to the Council, is the Commission seeking to
play down the role of the Agricultural Advisory Committee
of Ecosoc ?

No C 273 / 32 EN Official Journal of the European Communities 18 . 10 . 95

Answer given by Mr Fischler
on behalf of the Commission

( 30 June 1995 )

There is no such body as an agricultural advisory committee
of the Economic and social committee ( Ecosoc ). If the
Honourable Member has in mind the agriculture and
fisheries section of Ecosoc, the situation, as regards the
various points raised in his question, is as follows .

Whether meetings of the section are maintained or cancelled
is entirely a matter for Ecosoc to decide and not for the
Commission .

Commission officials make every effort to attend meetings
at Ecosoc . But it has to be kept in mind that they may have
conflicting demands from the Parliament, the Council or
management committees . Nevertheless, no difficulties over
participation at Ecosoc have been brought to the
Commission's attention .

As to the forwarding of Ecosoc opinions to the Council,
once again this is a matter for the Committee . In any event,
Ecosoc opinions are published in the Official Journal .

Lastly, the Commission is certainly not seeking to play down
the role of the agriculture section . On the contrary, the
Commission attended the March meeting of the section for
agriculture and fisheries where, in addition to having a very
useful and wide ranging exchange of views with members, it
emphasized its determination to maintain the excellent
cooperation which exists between the section and the
Commission .

WRITTEN QUESTION E-1675 / 95

81 / 602 / EEC of 31 July 1981 concerning the prohibition of
certain substances having a hormonal action and of any
substances having a thyrostatic action ( ! ), which prohibited
the placing on the market of stilbenes, stilbenes derivatives,
their salts and esters and thyrostatic substances for
administering to animals of all species . In addition, Council
Directive 88 / 146 / EEC of 7 March 1988 prohibiting the use
of livestock farming of certain substances having a
hormonal action ( 2 ), prohibited the administering to a farm
animal, by any means whatsoever, of substances having an
oestrogenic, androgenic or gestagenic action . The placing on
the market or slaughtering of farm animals to which the
abovementioned substances have been administered, and
the placing on the market of meat of these farm animals have
been also prohibited by this Directive . Some derogations are
authorised for therapeutic or zootechnie purposes, but these
derogations are not for animals intended for fattening .

Council Directive 88 / 146 / EEC also provides that Member
States shall prohibit importation from third countries of
animals and meat from animals to which have been

administered substances with a thyreostatic, oestrogenic,
androgenic or gestagenic action for fattening purposes .
When third countries authorize the use of hormones for

their own market, the Commission requires that official
controls are put in place and guarantees given that no meat
from treated animals will be sent to the Community .
Consequently, a label on meat imported from a country
using hormones is not considered justified .

(>) OJ No L 222, 7 . 8 . 1981 .

( 2 ) OJ No L 70, 16 . 3 . 1988 .

WRITTEN QUESTION E-1677 / 95

by Glyn Ford ( PSE )

to the Commission

( 15 J une 1995 )

by Peter Crampton ( PSE )

to the Commission ( 95 / C 273 / 60 )

( 15 June 1995 )

( 95 / C 273 / 59 ) Subject : Humane killing

Does the Commission consider drowning to be a humane
Subject : Use of hormones in beef cattle method of killing either wild or domestic animals ?

What are the current rules in the 15 countries on the use of
hormones in beef cattle ? Is there any possibility of making it
clear on labels on the meat that it has been imported from a
country using hormones ?

WRITTEN QUESTION E-l 678 / 95

by Glyn Ford ( PSE )

to the Commission

( 15 June 1995 )

Answer given by Mr Fischler ( 95 / C 273 / 61 )
on behalf of the Commission

(5 July 1995 )
Subject : Leghold traps

The current Community rules on the use of hormones Will the Commission confirm that all Member States have
in beef cattle are harmonized by Council Directive banned the use of the leghold trap since 1 January 1995 ?

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 33

WRITTEN QUESTION E-1679 / 95

by Glyn Ford ( PSE )

to the Commission

( 15 June 1995 )

which have banned the leghold trap but not implemented
internationally agreed humane trapping standards ?

WRITTEN QUESTION E-1683 / 95

( 95 / C 273 / 62 )
by Glyn Ford ( PSE )

Subject : Article 3(1 ) of Council Regulation ( EEC )
No 3254 / 91

What steps will the Commission be taking to determine
which countries meet the condition of Article 3(1 ) of
Council Regulation ( EEC ) No 3254 / 91 (') and set
appropriate forms for certification as referred to in
Article 4 ?

(') OJ No L 308, 9 . 1 1 . 1991, p . 1 .

WRITTEN QUESTION E-1680 / 95

to the Commission

( 15 J une 1995 )

( 95 / C 273 / 66 )

Subject : Commission Regulation ( EEC ) No 1771 / 94

Will the Commission list those countries cited in
Commission Regulation ( EEC ) No 1771 / 94 ( x ) which ' have
demonstrated that sufficient progress is being made towards
the abolition of the leghold trap and / or in developing
humane methods of trapping ?'

by Glyn Ford ( PSE ) (') OJ No L 184, 20 . 7 . 1994, p . 3 .

to the Commission

( 15 June 1995 )

( 95 / C 273 / 63 ) Joint answer to Written Questions E-1677 / 95, E-1678 / 95,

Subject : Council Regulation ( EEC ) No 3254 / 91

Will the Commission confirm that Regulation ( EEC )
No 3254 / 91 of Council will be implemented in January

19 96, and that no further delays will be sought by the
Commission ?

WRITTEN QUESTION E-1681 / 95

by Glyn Ford ( PSE )

to the Commission

( 15 June 1995 )

( 95 / C 273 / 64 )

Subject : Import ban under Council Regulation ( EEC )
No 3254 / 91

Will the Commission impose an import ban under
Regulation ( EEC ) No 3254 / 91 of Council on countries
which have adopted any internationally agreed humane
trapping standards which permit the use of leghold
traps ?

WRITTEN QUESTION E-1682 / 95

by Glyn Ford ( PSE )

to the Commission

( 15 June 1995 )

( 95 / C 273 / 65 )

Subject : Humane trapping standards

Will the Commission impose an import ban under
Regulation ( EEC ) No 3254 / 91 of Council on countries

E-1679 / 95, E-1680 / 95, E-1681 / 95, E-1682 / 95 and

E-1683 / 95

given by Mrs Bjerregaard
on behalf of the Commission

( 20 July 1995 )

Regulation ( EEC ) No 3254 / 91 of Council is aimed at the
abolition of the use of leghold traps — both within and
outside the Community — and only concerns other means
of capture and killing of animals in as far as the
consideration of humane alternatives to the leghold trap
under its Article 3(1 ), second indent, is concerned .

With regard to drowning as a method of killing animals, the

Commission would refer the Honourable Member to its
answer to his Written Question No 676 / 94 (').

Member States informed the Commission they have
effectively banned the use of leghold traps before or as of

1 January 1995 and the Commission confirms that the
import prohibition in Article 3 of the Regulation will be
implemented as of 1 January 1996 .

In view of the absence of internationally agreed humane
trapping standards, the Commission requested countries of
origin of the species listed in Annex 1 to the Regulation
whether they will have a general ban on the use of leghold
traps in place on 1 January 1996 . A list of countries having
positively responded, as well as the certification system
envisaged by Article 4 of the Regulation, will be established
within the next few months .

As far as Commission Regulation ( EEC ) No 1771 / 94 is
concerned, the Commission would point out that one
reason for the one year suspension of the import prohibition
was the work of the main wild-fur producing countries, such
as Canada, the United States and Russia, in the International

No C 273 / 34 EN Official Journal of the European Communities 18 . 10 . 95

standardization organization trap standard development

process .

(') OJ No C 6, 9 . 1 . 1995 .

WRITTEN QUESTION E-1685 / 95

by Anita Pollack ( PSE )

to the Commission

( 15 June 1995 )

( 95 / C 273 / 67 )

Subject : EU / Asia Summit

If this meeting is solely between the EU and Asean countries
plus China, Japan, South Korea and Vietnam, to the
exclusion of all the member countries of Saarc ( i.e . South
Asia ) how can it be seen as an EU / Asia Summit ? What steps
is the Commission taking to remedy this ?

WRITTEN QUESTION E-l 702 / 95

by Jacques Donnay ( UPE )

to the Commission

( 15 lune 1995 )

( 95 / C 273 / 68 )

Subject : Differences between Member States concerning

the implementation of Community Directives

By Decree No 94-40 of 11 January 1993, the French
Government laid down provisions implementing Council
Directive 89 / 655 / EEC f 1 ) concerning minimum safety and
health requirements for the use of work equipment, while
the other Member States do not appear to have adopted the
necessary measures to incorporate the Directive into their
national legislation .

As a result, French undertakings are subject to greater
constraints than those of other Member States of the Union,
and this constitutes an additional handicap in terms of
international competitiveness .

What steps will the Commission take to prevent such
distortions of competition ?

Answer given by Sir Leon Brittan (') OJ No L 393, 30 . 12 . 1989, p . 13 .

on behalf of the Commission

( 10 July 1995 )

The Europe-Asia meeting intends to open a new and direct
channel of dialogue between Europe and Asia . As the title
suggests, this channel of dialogue should include as many
Asian and European countries and territories as possible .

The official proposal for the meeting originated in
Singapore, which obtained the backing of the Association of
South-East Asian Nations ( Asean ). In line with Asean's
proposal, the EU-Asean senior officials ' meeting, held in
Singapore on 2 — 4 May 1995, agreed that Asian
participants to the meeting should be selected by Asean,
while the European participants should be selected by the
Union .

Following this decision, Asean has decided to invite China,
Japan and South Korea to the first meeting, bringing the

total Asian participation to 10 countries . This decision was
made following Asean's perceived need to keep the first
meeting sufficiently small and therefore manageable .

Asean's decision concerning the Asian participants to the
first meeting by no means prevents an enlarged participation
in future meetings . On the contrary, both the Union and
Asean have agreed that the meeting will be developed
further and that more countries and territories should be

called to participate in the future, in line with the regional
vocation of the meeting .

Answer given by Mr Flynn
on behalf of the Commission

( 18 July 1995 )

Directives based on Article 1 18a of the EC Treaty lay down
minimum requirements for protecting the health and safety
of workers throughout the Community . Unlike Directives
based on Article 100a of the EC Treaty, they are not
intended to harmonize the conditions of competition
between undertakings . Thus, so long as they do not infringe
other provisions of the EC Treaty, Member States are
entitled to maintain and to establish more stringent
protective measures under conditions compatible with the
Treaty .

Fourteen Member States have notified the Commission of

national measures implementing Council Directive
89 / 655 / EEC of 30 November 1989 concerning the
minimum safety and health requirements for the use of work
equipment by workers at work . On 16 March 1995, the
Commission brought an action before the Court of Justice
against Spain as the only Member State which had failed to
notify it of national measures implementing the
Directive .

The Commission is endeavouring also to promote
exchanges of information and cooperation between
national authorities in the field of safety and health at work,
mainly through the Advisory Committee on Safety, Hygiene

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 35

and Health Protection at Work and the Committee of Senior

Labour Inspectors .

WRITTEN QUESTION E    - 1 704 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

( 21 June 1995 )

The Commission has thus requested clarification from the
Portuguese authorities regarding the problem referred to by
the Honourable Member, and will be sure to inform him
about the outcome of its enquires .

WRITTEN QUESTION E-l 720 / 95

by Inigo Méndez de Vigo ( PPE )

( 95 / C 273 / 69 ) to the Commission

( 21 June 1995 )

Subject : European Social Fund assistance to Portugal ( 95 / C 273 / 70 )

( Banco Comercial Português and unequal
treatment )

Subject : Fisheries agreement and Greenland halibut

Further to Question E-l 703 / 95 on the same subject, one of
the companies to have received funds for training is the
Banco Comercial Português .

On account of its recruitment policy, which manifestly
discriminates against women workers, this company has
given rise to heated protests, in Parliament's Committee on
Petitions, among other quarters, and investigations by
judicial authorities .

Given that Community funds have been provided, would it
not be appropriate to take the opportunity to ensure that
infringements of policies recognized to be the hallmark of or
inspired by the Community, as is the case with equal
treatment, are brought to an end ?

Answer given by Mr Flynn
on behalf of the Commission

( 12 July 1995 )

The European Social Fund supports measures aimed at
promoting equal opportunities for men and women on the
labour market, especially in areas of employment in which
women are under-represented and with particular regard to
women without professional qualifications or who are
re-entering the labour market after a period of absence .

Accordingly, the Community support framework for
Portugal for the period 1994 — 1999 provides for measures
to increase womens access to training and their integration
into the labour market . Such measures not only include
financial support but also set out priority measures and
technical guidelines .

Following the reform of the Structural Funds in 1988, the
Commission has moved from a system of
project-management to one of programme-management .
The Commission approves operational programmes run by
the national authorities, to whom projects must be
submitted and which are responsible for their selection . It is
not the Commission's responsibility to pass judgment on
specific projects .

On 8 May 1995 a meeting took place in Paris between the
President of the Commission, Jacques Santer, and the
Canadian Prime Minister, Mr Jean Chrétien, at which Mr
Santer asked the Canadian Government for an undertaking
guaranteeing the fisheries agreement, particularly with
regard to Greenland halibut quotas within the framework of
the multilateral NAFO agreement .

In Brussels, the Canadian spokesman assured the
Commission that his country had confirmed that it would
respect the 200-mile limit, although there has still been no
reply with regard to the reimbursement of the confiscated
cargo of the Spanish fishing vessel ' Estai '.

In view of the severe prejudice caused both to the owner and
to the crew of the ' Estai ', and the tension which this conflict
has caused between the European Union and Canada, can
the Commission state the amount to be reimbursed and the

date on which it will be paid ?

Answer given by Mrs Bonino

on behalf of the Commission

( 31 July 1995 )

Following the signature of the Agreed Minute on fisheries
between the Community and Canada, the Attorney General
of Canada stayed the charges against the owner of the Estai .
Subsequently, the bond and bail were returned to the vessel

owner .

As to the seized cargo of the Estai the owner chose to recover
it rather than agreeing to sell it in the Canadian market . The
Canadian Government, without prejudice to any obligation
to pay the cost of the transport, paid on 24 May 1995 to the
owner of the Estai the sum of 41 000 Canadian Dollars to
cover some of the costs of returning the seized cargo from
the warehouse to the owner .

No C 273 / 36 EN Official Journal of the European Communities 18 . 10 . 95

QUESTION E l 72 1 / 95 Furthermore, and without pronouncing on the relative

Méndez de Vigo ( PPE ) importance of the fisheries agreement, it cannot be treated in

to the Commission isolation from the Community's general relations with
Morocco .

WRITTEN QUESTION E l 72 1 / 95

by Inigo Méndez de Vigo ( PPE )

( 21 June 1995 )

( 95 / C 273 / 71 )

Subject : Fourth round of EU-Morocco fisheries
negotiations

On 7 May 1995, Commissioner Emma Bonino, speaking in
Brussels, told the Agriculture and Fisheries Section of the
Economic and Social Committee that it was necessary to
strengthen the negotiating powers of the fisheries sector
both within and outwith Community waters, even though in
order to do so, the sector might have to rely on other sectors
such as agriculture . She cited the example of Morocco, a
country with which, she said, fisheries relations were of
major importance to the European Union, and were
currently the subject of thorny negotiations .

Given the tense situation currently prevailing in Spain, with
both the Andalusian and Canaries fleets tied up since
30 April ( as is the Portuguese fleet ), can the Commission
state what the practical application of Mrs Bonino's
resplendent declaration of intent will be in the fourth round
of the EU-Morocco fisheries negotiations ?

Answer given by Mrs Bonino

on behalf of the Commission

( 25 July 1995 )

The fisheries agreement with Morocco was always treated
separately from the Community's other dealings with

Morocco .

Under the previous agreement, the Community paid
Morocco an annual financial contribution of ECU 102

million, in exchange for granting fishing opportunities to
Community shipowners .

This policy of cooperation must now be reviewed in the
negotiations on the new fisheries agreement ; the importance
attached to sea fishing is not limited to the actual fishing
operations alone, but has a bearing on the entire fishing
industry .

The new approach must lead to a more balanced
partnership that fulfils the mutual needs of the two
interested parties . The partnership will provide greater
mobility and improved collaboration between the
Community and Morocco, even in matters that go beyond
fishing .

WRITTEN QUESTION P-l 740 / 95

by André Laignel ( PSE )

to the Commission

(7 June 1995 )

( 95 / C 273 / 72 )

Subject : Agriculture — Commission proposals to settle

agri-monetary problems

The recent monetary fluctuations within the EMS have had
disastrous consequences for the operation of the internal
market and the common system of agricultural prices .

Devaluation by weak currency countries in the Union has
given their products a competitive advantage and as a result
of the present agri-monetary system indirectly led to cases of
over-compensation .

The situation has naturally aroused strong reactions in
French producers, especially in the fruit and vegetable

( strawberries etc .) and meat and veal industries .

What does the Commission propose to do, in the short term
and well before the single currency is set up, to deal with this
abnormal distortion of competition between Union
producers ?

What proposals does the Commission intend to make to

settle the agri-monetary problem at the root of
supplementary budgetary expenditure, and in particular
cases of over-compensation in weak currency countries ?

Answer given by Mr Fischler
on behalf of the Commission

( 22 June 1995 )

The monetary turmoil resulting from the fall in the dollar
has upset all the national economies in the Community . This
affects the agricultural sector as it does the other economic

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 37

sectors, both in the Member States whose currencies have
appreciated and in those where currencies have been
devalued .

At a fundamental level, the solutions lie in a re-ordering of
the international monetary system and in the adoption of a
single currency .

As far as agriculture is concerned, the general consequences
of the monetary unrest — those which are common to all
sectors of the economy — particularly affect those markets
which are, for non-monetary reasons, in a state of
precarious equilibrium or in the process of changing . Thus,
the monetary effects in the production sectors cited by the
Honourable Member have accelerated or accentuated

economic trends which would have taken place in any event
for other reasons .

With regard to the monetary effects influenced specifically

by the agrimonetary regime, the complexity and multiplicity
of equilibria concerned call fora detailed examination of the
real difficulties . For example, the idea of over-compensation
in product sectors subject to the CAP reform involves
movements in market prices and commercial returns which
cannot be judged solely in terms of the agrimonetary factor
and which affect all the Member States .

In order for the single market to function properly, the
Commission believes that common prices should be
expressed in national currencies with the narrowest possible
exchange-rate differences . Agricultural conversion rates
should therefore follow the movement of rates on the

market . In the light of this principle, the Commission has
repeated in its proposal to the Council on the agrimonetary
system (') the need to apply the changes in agricultural
conversion rates required by the rules . However, the
Commission considers that the compensation mechanisms
envisaged in the current rules cannot be justified on
economic grounds and can cause or promote a degree of
over-compensation for the effects of price movements . It
also considers that these mechanisms lead to Community
expenditure which is incompatible with budget
discipline .

Given the above, the Commission's agrimonetary proposal
is based around three aspects of the issue :

— the application of compensatory measures which
correspond to real income losses,

— no increase in appropriations required by the European

Agricultural Guidance and Guarantee Eund beyond the
possibilities allowed for under budget discipline,

— the need for temporary and degressive measures in order

to avoid further over-compensation .

(') COM(95 ) 173 final .

WRITTEN QUESTION E-l 743 / 95

by Rosemarie Wemheuer ( PSE )

to the Commission

( 21 lune 199 S )

( 95 / C 273 / 73 )

Subject : The flame-proofing substance Antimon

The flame-proofing substance Antimon is produced,
amongst other firms, by Stibiox in Braunschweig, Germany,
for use in fire prévention

1 . Is there an EU-wide limit on the use of the chemical

Antimon ?

2 . Are there any moves to introduce an EU-wide regulation
on the use of Antimon ?

3 . Are efforts being undertaken by the United Kingdom to
introduce measures in this field ?

4 . Are there any general Directives in force concerning, for
example, the use of chemicals in fire prevention ?

Answer given by Mr Bangemann

on behalf of the Commission

( 28 J uh 1 99 S )

1 . There is no Community limit value applying to the use
of antimony ( or antimony compounds ), although it is
understood that, with the exception of antimony tetroxide

( Sb20 4 ), antimony pentoxide ( Sb20 5 ), antimony
trisulphide ( Sb2S 5 ), antimony pentasulphide ( Sb2S0 and
others specified elsewhere in Annex I of Directive
67 / 548 / EEC ('), at a concentration greater than 0,25 %
antimony compounds are classified Xn ( harmful ) and
R20 / 22 ( harmful by inhalation and if swallowed ), its
packaging needing to be labelled accordingly .

2 . There are no plans to propose harmonized rules for the
use of antimony or its compounds .

3 . The United Kingdom has not so far notified the
Commission of any plans to regulate in this field . It is
understood that concerns raised by a recent television
programme about a possible link between antimony and cot
deaths are not supported by the present state of scientific
knowledge .

4 . There are no directives regulating the use of antimony
in flame-retardant formulations . Antimony trioxide, the
labelling of which is specified in Annex I referred to above
under the number 05 1 / 005-00-X, is widely used to enhance
the flame-retardancy of brominated flame retardants and
may thus contribute to reducing death and injuries caused
through fire .

C ) OJ No 1 96, 16 . 8 . 1967 .

No C 273 / 38 EN Official Journal of the European Communities 18 . 10 . 95

WRITTEN QUESTION E-1 745 / 95

by Mair Morgan ( PSE )

to the Commission

( 21 J une 1995 )

( 95 / C 273 / 74 )

Subject : Use of SPOT satellite services in combating EU

fraud

In light of recent reports by the SPOT satellite service in
France that very little use is being made of its surveillance
services, what steps is the Commission taking to ensure that
IACS forms etc . are subject to scrutiny and checks ?

What use is made of the SPOT satellite service in respect of
this ?

The choice of contractors is made bilaterally by the
Commission and each Member State, the latter
subsequently signing the contract . The images are purchased
by the EACGF, lent to the contractors, and recovered at the
end of the contract . The Commission is paying 50 % of the
technical expenditure up to 1998 on the basis of a specific
Regulation ( Council Regulation ( EC ) No 165 / 94 of
24 January 1994 concerning the co-financing by the
Community of remote sensing checks and amending
Regulation ( EEC ) No 3508 / 92 establishing an integrated
administration and control system for certain Community
aid schemes ) ( ').

In 1995 approximately 39 000 applications will be checked
by satellite, 16 000 by a combination of satellite images and
aerial photographs, and 34 000 by aerial photographs
alone . This represents more than 60 % of the minimum to be
checked as laid down by the Regulation, although remote
sensing is in no way compulsory . For these checks, around
300 Spot images and 100 Landsat images have been or will
be purchased as well as some radar images from European
remote sensing satellites which enable information to be
obtained even in areas with heavy cloud coverage .

Answer given by Mr Fischler
on behalf of the Commission C ) O ] No L 24, 29 . 1 . 1994 .

( 31 July 1995 )

The Honourable Member probably received this
information out of context, since according to the company
Spot Image itself, the Commission is the biggest civilian user
of Spot images . The Commission's principal use of Spot
images is precisely for monitoring arable crop subsidies
from the European agricultural guidance and guarantee
fund ( EAGGF ) using remote sensing .

All the Member States except Luxembourg and, for the time
being, Austria, make at least partial use of remote sensing .
They use a common methodology derived from an
agricultural statistics programme for remote sensing
developed by the Commission's joint research centre at
Ispra . The method was developed by the Commission
during the period from 1989 to 1 992 and every year it is the
subject of an invitation to tender and specifications common
to all the Member States . It is based on the analysis of a series
of satellite images acquired for the areas selected for
monitoring and covering at least one complete cultivation
cycle . The area and the type of crop are thus determined and
compared parcel by parcel with the farmer's declaration .
Only dubious applications or applications rejected by the
photo-interpretation are checked on the spot . Sometimes
only aerial photography is used . In that case a single
photograph is taken ; the spatial resolution is better but it is
less often possible to recognize the type of crop without an
on-the-spot inspection .

The objective of remote sensing is to screen the applications
so as to reduce the number, duration, and cost of
on-the-spot inspections, to make deterrents against fraud
effective, and to ensure equal treatment of all Community
farmers thanks to a common methodology .

WRITTEN QUESTION E    - 1 75 7 / 95

by John Cushnahan ( PPE )

to the Commission

( 21 June 1995 )

( 95 / C 273 / 75 )

Subject : European Information Centres

Is the Commission satisfied with the arrangements and
resources available for the operation of European
Information Centres in Ireland ?

Is the Commission aware that many of those involved in
these centres are of the opinion that competition and
duplication exists between the EICs and the Carrefours
which were established in 1994 ?

Answer given by Mr Papoutsis

on behalf of the Commission

(7 July 1995 )

The Euro Info Centres ( EICs ) are mainly funded by the
host-structures in which they are based, namely chambers of

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 39

commerce, associations of entrepreneurs, regional
development agencies, etc . In addition, the EICs receive an
annual financial contribution from the Commission .

Regarding the adequacy of resources available for the Irish
EICs, the Commission considers that, in spite of the limited
financial support provided, these centres have performed
well . Nevertheless, an increase in these financial resources
could help them to fulfil their tasks in a more effective
manner, to improve the quality of their services and to
establish contact with a greater number of enterprises .

In general terms, the EICs and the rural carrefours address
different audiences . The former provide information and
services to the broad range of SMEs whereas the latter are
meant to assist rural development in certain European
regions . Considering that the agricultural sector is of major
significance in the economy of Ireland, the Commission is
aware that some overlaps between those networks may
occur . The Commission's information and communication

policy on networks and relays stresses the importance of
promoting cohesion and synergy between different
networks and discussions relating to better cohesion in the
specific circumstances of Ireland are under way .

WRITTEN QUESTION E    - 1 763 / 95

by Joaquin Sisô Cruellas ( PPE )

to the Commission

(2 1 June i 995 )

( 95 / C 273 / 76 )

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 20 fuly 1995 )

The reform of the Community's Structural Funds in 1988
was based among other things on the principle of
programming, under which Community assistance is
granted as a priority in the form of part-financing of
operational programmes ( OPs ).

With regard to the areas of Aragon eligible under
Objective 2 during the period 1 994 — 1996, the Commission
approved, in Decision C ( 95 ) 1 173 of 15 June 1995, the OP
covering assistance from the European Regional
Development Fund and the European Social Fund within
the Community support framework 1994 — 1996 for the
Objective 2 areas of Spain .

In this programme, projects accounting for almost all the
measures to implement the priorities ' environment ',
' research, technology, innovation ', ' transport related to the
economic activities ' and ' local and urban development ' were
identified right at the beginning and appear in the OP as
approved, a copy of which is being sent directly to the
Honourable Member and to the Secretariat of Parliament .

On the other hand, concrete projects to implement the
priorities ' employment and competitiveness of companies '

( in particular assistance for small businesses ) and ' technical
assistance ' will only be identified during actual
implementation of the assistance programme .

It is worth pointing out that the Monitoring Committee for
the OP can, within the framework of its responsibilities,
make such updates and necessary changes . If the
modification to the programmed assistance is on a
sufficiently large scale, either the agreement of the
Commission is required or a formal amendment of the
Decision granting the aid .

Subject : ERDF aid to Aragon under Objective 2 —

1994—1996 WRITTEN QUESTION E l 775 / 95

by Riccardo Nencini ( PSE )

to the Commission

I was informed on 14 March 1995 by the Commission's
DG XVI that Community aid to Aragon under Objective 2
in the period 1994 — 1996 would be ECU 64,23 million, of
which ECU 49,4 million would come from the ERDF . The
aid from the ERDF will cover six priority areas : support for
employment and enhancing business competitiveness ;
environmental protection ; support for research, technology
and innovation ; development of transport related to
economic activities ; local and urban development ; and,
lastly, technical assistance .

Which projects will benefit from the ERDF in Aragon under

Objectivé 2 in this period and how much will each project
receive ?

( 28 f une 1995 )

( 95 / C 273 / 77 )

Subject : Employment crisis

A large firm in central Italy ( Florence ), ' Acqua Panna ', is
about to be transferred to the district of Tione for no
apparent reason, with the probable loss of over 100 jobs .
Although production is to move to another region, the water
will apparently continue to be named after the original
spring . Can the Commission prevent this transfer, bearing in
mind inter alia that the name ' Acqua Panna ' will apparently
be used for water taken from the new spring rather than the
original spring ?

No C 273 / 40 EN Official Journal of the European Communities 18 . 10 . 95

Answer given by Mr Flynn
on behalf of the Commission

Answer given by Mrs Gradin
on behalf of the Commission

( 28 July 1995 ) ( 25 July 1995 )

As the question relates to the social sphere ( transfer of a
production unit from one region of Italy to another, leading
to a loss of some jobs ), it appears difficult to establish a
direct connection between these facts and Community
law .

The Community Directives containing provisions likely to
include within their scope the abovementioned operations,
provided that their respective conditions of application can
be verified in this particular case, are Directives
75 / 129 / EEC (') on collective redundancies and
77 / 187 / EEC ( 2 ) on transfers of undertakings .

Both have been transposed into Italian national law, and the
corresponding provisions must be observed if this particular
case falls within their scope .

In the absence of facts leading to the opposite conclusion,
there are no grounds for establishing non-compliance with
or poor application of Community provisions . The
problems referred to must therefore be assessed and dealt
with in the context of Italian national law .

(!) OJ No 1 . 48, 22 . 2 . 1975 .
Ç -) OÏ No L 61, 5 . 3 . 1977 .

WRITTEN QUESTION E-l 778 / 95

by Helena Torres Marques ( PSE )

to the Commission

( 28 June 1995 )

( 95 / C 273 / 78

Subject : Reports by the Portuguese Government on fraud

involving Community funds

As the Member States have an obligation to report any cases
of fraud involving Community funds detected by their
national administrations, and as this obligation is set out in
detail in the Council's Regulations governing each fund and
is imposed by in Article 5 and Article 209 of the EC Treaty,
can the Commission state how many times irregularities of
this sort have been reported by the Portuguese Government,
broken down according to the type of funds involved .

The Commission would refer the Honourable Member to its

last annual report on the fight against fraud ( ! ).

This report contains in its chapter 6, and annexes to this
chapter, the relevant details concerning Portugal, for all
budgetary sectors covering the period 1991 — 1994 .

(') COM(95 ) 98 .

WRITTEN QUESTION E-l 782 / 95

by Karl Schweitzer ( NI )

to the Commission

( 28 lune 1995 )

( 95 / C 273 / 79 )

Subject : Brenner base tunnel

Can the Commission provide more detailed information on
when and to what extent the funds for the Brenner base

tunnel project will be made available ?

Answer given by Mr Kinnock

on behalf of the Commission

( 31 July 1995 )

In November 1994, the German, Italian and Austrian
transport ministers as well as the member of the
Commission responsible for transport signed a
memorandum in which they agreed to develop the
Munich — Verona Alpine rail crossing, including the
Brenner base tunnel, taking into account as fully as possible
the overall plan which already existed .

Comprehensive studies, which have been undertaken during
the last years, have shown that the project is technically
feasible . However, its profitability needs to be improved .
The works to be undertaken during the next eighteen

months aim therefore at developing an economically viable
overall solution .

In order to remove capacity constraints on the existing line
and to realise quality improvements in the short term, works
on the ' Austrian Inn Valley ' section and Italian access routes
to the base tunnel are already under way .

Since 1 989, the Community has granted financial support of
ECU 76 million from its infrastructure budget, both for the
execution of works in Italy and for feasibility studies for the

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 41

overall project . In addition, the European Investment Bank
is providing a loan of ECU 35 1 million for the works on the
Italian access routes .

In the coming years, financial support for the
Munich-Verona project can be granted on the basis of the
proposal for a Council Regulation laying down general rules
for the granting of Community financial aid for
trans-European networks ('). In the near future, the
Member States and the Commission will establish a

' common transport infrastructure promotion programme '
for the period 1995 — 1999 which determines the
framework for the spending of funds from the budget line
' Trans-European networks-transport ' ( B5-700 ). In this
programme, particular attention will be given to the 14
priority projects approved by the Essen European Council

( one of which is the Munich-Verona scheme ).

All three Member States directly involved in the
Munich-Verona project have submitted their preliminary
requests for Community financial aid for further studies for
the overall project, including the base tunnel, and
preparatory and construction works relating to the Austrian
and Italian access routes . The requests are subject to further
discussions . Decisions on the granting of support for the
year 1995 will be made as soon as the above Council
Regulation is adopted .

(>) COM(95 ) 32 — OJ No C 115, 9 . 5 . 1995 .

WRITTEN QUESTION E    - 1 783 / 95

by Shaun Spiers ( PSE ) and Richard Balfe ( PSE )

to the Commission

( 28 June 1995 )

95 / C 273 / 80 )

Subject : Venue for the celebration of the millennium

With reference to Parliamentary Questions E-426 / 95 ( ') and
E-427 / 95 ( 2 ) on the millennium, the internationally
recognized measure of time is Greenwich Mean Time and
Greenwich, London, will therefore play an important part
in European consciousness of the event .

Does the Commission agree that, if the dawning of the new
millennium is to be celebrated in a way that captures the
imagination of European citizens and recognizes the
symbolic importance of this moment, planning for
millennium celebrations and events around the theme of the

millennium must begin soon ? It will not be possible to
organize a major event in the year 2000 if the Commission
only starts thinking about it in 1998 .

Answer given by Mr Oreja
on behalf of the Commission

( 28 fuly 1995 )

Given the symbolic value of the change of the millennium,
the European Union should use this opportunity to
communicate to the citizens of Europe its messages about
the achievements and the ojectives of European
integration .

The Commission is at present looking into information and
communication projects to be implemented on this
occasion . While a number of celebrations should remain

national events, the European Union might want to consider
participating in events having a European nature .

As the Commission earlier indicated in answer to the

Honourable Members ' question E-426 / 95 one such event
that can already be foreseen for the year 2000 is the
universal exhibition in Hannover, Germany, on the theme
' man nature, technology '. Other projects related to the
millennium might probably be of a cultural nature, but
activities could also be initiated in other fields such as

education or social affairs .

The millennium is likely to provoke reflection on the
long-term development of our societies . One characteristic
of the future that the Union would want to highlight and
strengthen in this respect is the much closer contact between
ordinary citizens across political and cultural borders . Event
might well take place in London and in other European
cities .

The Commission hopes that the events will be an example of
partnership and subsidiarity between the Member States
and the European institutions and that it will be possible to
decide - on the participation of the European Union at an
early stage .

WRITTEN QUESTION E l 785 / 95

by Marco Cellai ( N )

to the Commission

( 28 June 1995 )

( 95 / C 273 / 8 1 )

Subject : Loans taken out in ECU by Italian savers

Hundreds of thousands of savers throughout Europe have
taken out loans in ECU . For investors residing in Member
States with strong currencies, such as Germany, the
Netherlands, Belgium, etc ., such transactions can only be
beneficial .

(') OJ No C 190, 24 . 7 . 1995, p . 10 . Conversely, Italian savers have been heavily penalized by the

( 2 ) O ) No C 179, 13 . 7 . 1995, p . 22 . sudden loss in value of the Italian lira owing to currency

No C 273 / 42 EN Official Journal of the European Communities 18 . 10 . 95

speculation on international financial markets and a whole
series of reasons for which Italy itself is also responsible .
This situation clearly requires the European Union, as well
as the Italian Government of course, to provide for
mechanisms to offset as quickly as possible the currency
fluctuations resulting mainly from speculation . The
situation prevailing in Italy today is clearly such as to
warrant an immediate solution to the problem of those who
have taken out loans in ECU and are now required to pay
back sums that are in many cases double the initial

amount .

Can the Commission state how it intends to ensure that

situations such as that prevailing today in Italy do not arise
in future ?

The Italian Government's policy appears to be to encourage
banks to convert ECU loans into lira loans and to grant
substantial tax relief to those who have taken out loans in

ECU . How does the Commission intend to help find a
solution to the crisis caused by the fall of the lira in
Italy ?

borrowers to re-negotiate the maturity date of their
mortgage . For the Commission, such contractual solutions
are in line with the principles of contractual freedom and
subsidiarity proclaimed by Community law .

(') OJ No C 300, 27 . 10 . 1994 .

( 2 ) OJ No L 250, 19 . 9 . 1984 .

WRITTEN QUESTION P-l 794 / 95

by Christa Randzio-Plath ( PSE )

to the Commission

(8 June 1995 )

( 95 / C 273 / 82

Subject : Structural Funds and equal opportunities

The reform of the Structural Funds established the principle
of equal oppourtunities in connection with all funds and
Answer given by Mr de Silguy Community initiatives .

on behalf of the Commission

1 . What means are being used to monitor application of
( 12 fuly 1995 ) this principle ? What are the results, for each Member
State, of the gender-specific analyses of women
participants and resource allocation ?

The Commission is aware that a substantial number of

Italian households accepted loans denominated in ECU the
period 1986 to 1992 . The Italian currency was then
substantially stable against other European currencies, but a
debt in lire was still much more expensive than in those
currencies . In this situation, Italian households preferred
mortgages denominated in ECU or in other currencies, like
the German mark, the French franc and the Swiss franc, to
mortgages in Italian lire . Thus, borrowers in ECU or in other
foreign currencies gained over several years . However, after
the subsequent fall of the Italian currency, in the years 1992
to 1995 ECU borrowers were faced with a rising cost of their
debt in terms of Italian lire .

The Commission has already stated, in its answer to Written
Question No 2859 / 93 by Mr Mattina ('), that there is no
legal basis for altering existing mortgage contracts in ECU
and in other foreign currencies through Community
instruments . However, the mortgage contracts signed with
banks must respect the principles of comprehensive and fair
information on the exchange rate risk which result from the
Community legislation on misleading advertising ( Directive
84 / 450 / EEC ( 2 )). The Commission expressed this opinion
also with reference to the petition to the Parliament
No 25 / 94 presented by Mrs Stabile and others and discussed
by the relevant committte of the Parliament on 4 November

1994 .

The Italian banking association announced in April 1995 an
agreement between Italian credit institutions allowing ECU

2 . What observations can already be made concerning the
commitment and payment of appropriations ? How far
are the funds now contributing to greater equality of
opportunity under the individual ESF, ERDF and
EAGGF funds and Community initiatives ?

3 . What measures are being taken to oblige all the Member
States to implement equal opportunities under the
Structural Funds ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 26 July 1995 )

This framework Regulation ( Council Regulation ( EEC )
No 2052 / 88 of 24 June 1988 on the tasks of the Structural

Funds and their effectiveness and on coordination of their

activities between themselves and with the operation of the
European Investment Bank and the other existing financial
instruments ) ('), as amended by Regulation ( EEC )
No 2081 / 93 ( 2 ), states that measures in receipt of funding
must comply with the application of the principle of equal
opportunities, an obligation incumbent upon the Member
States since they are responsible for both implementing the
programmes and choosing the measures and for the content
of the indidivual projects .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 43

The decisions on the grant of Community aid under the
Community support frameworks and single programming
documents contain a general standard clause stating that the
operations and measures part-funded by the Structural
Funds ' must comply with, and where appropriate
contribute to, Community policy and legislation on equal
opportunities for men and women .' It is suggested in this
regard that ' consideration should be given to applications
concerning investments and training . . .'. Compliance with
this clause falls to the Member States and the monitoring
committees which, during the entire programming period,
can introduce new operations that were not initially
planned . For this reason the Commission will make every
effort to raise their awareness of this issue and measure its

application as part of the programme evaluation . The
identification and dissemination of innovative development
measures undertaken by womens ' groups could be increased
as part of these awareness-raising activities .

Promoting equal opportunities for men and women is
specifically targeted in the Community initiatives, ' Now ' in
particular ( ECU 360 million in the period 1994 — 1999 ),
which is part of the initiative on employment and human
resources . To varying degrees the Interreg ( cross-border
cooperation ), Eeader ( rural development ) and Pesca

( conversion and diversification of fishing areas ) initiatives
also include eligible measures that encourage local
development projects involving women and that take their
needs into account .

Collecting and collating statistics on who finally benefits
from the operations undertaken and the related financial
commitments by the Community and Member States is not
an easy task . In reality, as with other factors entering into
the appraisal of aid, their collection and collation depend on
qualitative analyses to be undertaken on a case by case basis,
and a genuine commitment on the part of the national,
regional or local authorities .

Some of the measures planned under the programmes —
whether national or Community initiatives — such as those
on improving living standards, the creation of child-care
facilities or schools, or the diversification of economic
activities and support for services — while not explicitly
targeting women, do concern them particularly .

The Commission is committed to preparing by the end of the
year of progress report on how equal opportunities have
been taken into account in Community policies . The report
may contain figures on the funds ( from the Structural Funds
in particular ) actually mobilized in this regard . The
Commission reserves the right to suggest possible new types
of assistance on the basis of this progress report .

(') OJ No L 185, 15 . 7 . 1988 .

( 2 ) OJ No L 193, 31.7 . 1993 .

WRITTEN QUESTION E-l 808 / 95

by Nel van Dijk ( V )

to the Commission

( 28 J une 1995 )

( 95 / C 273 / 83 )

Subject : Exemption from the legal minimum wage in the

Netherlands

The Netherlands Minister for Social Affairs and

Employment wishes to authorise employers to pay certain
new employees only 70 % of the minimum wage for two
years . The employees in question are those who have been
out of work for more than a year and immigrants who are
not sufficiently integrated . In its opinion of 21 April 1995
the Socio-Economic Council ( SER ) unanimously rejected
the minister's proposal, partly because it might imply
discrimination against immigrants and women .

The SER expects that it would be principally unemployed
women with an earning partner — who for the reason
receive no benefit — who would be prepared to work for less
than the minimum wage . This exceptional rule would
therefore result in indirect discrimination against women .

Does the Commission consider that this exemption
proposed by the Netherlands Government is in conflict with
Article 1 1 9 of the EEC Treaty and Directive 75 / 1 1 7 / EEC ( 1 )
on equal pay for male and female employees ?

If so, what measures does the Commission intend taking
against the Netherlands Government ?

(') OJ No L 45, 19 . 2 . 1975, p . 19 .

Answer given by Mr Flynn
on behalf of the Commission

(8 September 1995 )

The Commission takes note of the proposal in the
Netherlands to permit the recruitment of some unemployed
people at 70% of the statutory minimum wage .

In the field wage determination, Member States have
discretion over the establishment and amount of a minimum

wage . However, Article 119 EC Treaty and Council
Directive 75 / 1 1 7 / EEC and the approximation of the laws of
the Member States relating to the application of the
principle of equal pay for men and women require that any
national wage policy treat male and female workers in a
on-discriminatory fashion . Since the right to equal pay for
equal work or work of equal value is a fundamental right in
Community law, it cannot be qualified or weakened in any
way by a national measure .

In the present case, if the Dutch Government introduces the
proposed scheme in its current form and if it is found to be
indirectly discriminatory against female workers, those

No C 273 / 44 [ KN Official Journal of the European Communities 18 . 10 . 95

affected may take legal action against their employers to
claim equal pay . In this way, the proposed scheme could he
completely undermined insofar as it applies to women .

The Commission will keep this situation under review with
a view to taking the most appropriate action to uphold the
right to equal pay .

Parliament . Comprising lands belonging to the following
local councils : Oseja de Sambre and Posada de Valdeon

( Castilla and Leon Autonomous Community ), Tresviso,
Camaleno and Cillorigo-Castro ( Cantabrian Autonomous
Community ) and Cangas de Onis, Onis, Armieva, Cabrales
and Penamellera Baja ( Asturian Autonomous Community ),
the new National Park will be one of the finest in the

continent whose name it symbolically bears, thanks to its
size and the diversity of its geology, landscapes, flora and
fauna .

WRITTEN QUESTION E-1 810 / 95 Can the Commission help in any way to consolidate and
improve it as one of the lungs of Europe ?

by José Apolinârio ( PSE )

to the Commission

( 28 June 1 99 5 )

( 95 / C 273 / 84 ) Answer given by Mrs Bjerregaard

on behalf of the Commission

( 31 luly 1995 )
Subject : Allocation of the plainbonito quota granted to the

European Union for 1995

Following the recent NAFO agreement between the
European Union and Canada on plainbonito fishing, can the
Commission say how the quota is to be allocated amongst
the various Member States and, in particular, what quota
has been allocated to Portugal and Spain for 1995 ?

Answer given by Mrs Bonino

on behalf of the Commission

( 31 fuly 199 S )

The Council of 15 June decided that, for 1995, the
Community quota for Creenland halibut in the North-west
Atlantic Fisheries Organization ( NAFO ) regulatory area,
fixed at 5 013 tonnes from 16 April onwards, will not be
distributed among Member States .

For 1996 and thereafter, the Council invited the
Commission to propose, as soon as possible, an allocation
key for the Community quota for Greenland halibut in
NAFO areas 3LMNO . The Commission will taken into

account all relevant factors for this distribution and, in
particular, the historical catch records of Member States on
this stock .

WRITTEN QUESTION E-1 823 / 95

by Carlos Robles Piquer ( PPE )

The Montana de Covadonga national park ( 16 925 ha,
classified as a special protection area under Directive
79 / 409 / EEC ) (') on the conservation of wild birds ) covered
the western massif of the Picos de Europa . In May 1995 the
Spanish Parliament approved the enlargement of the park to
cover all three massifs, creating the Picos de Europa national
park ( 64 660 ha ).

Since 1991 the Commission has been co-financing, via the
Life instrument, a project to conserve the Cantabrian brown
bear throughout its range, so the areas affected by the
enlargement of the park already receive Community
financial assistance .

Furthermore, the park and its catchment area ( western
Cantabria, northern Castile-Leon and south-eastern
Asturias ) are included in the Objective 1 region, a potential
beneficiary of Community financial assistance from the
Structural and Cohesion Funds .

C ) O I No L 103, 25 . 4 . 1979,.

WRITTEN QUESTION E-l 826 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

( 28 June 1995 )

to the Commission ( 95 / C 273 / 86 )

( 28 June 1995 )

( 95 / C 273 / 85 ) Subject : Arrangements for temporary officials

Subject : The Spanish ' Picos de Europa 1 National Park

The Spanish legislation which will set up the ' Picos de

Europa ' National Park is in its final stages in the Spanish

Article 28a(3 ) of the EC Staff Regulations fixes the
unemployment allowance, laying down inter alia upper and
lower amounts . These have not been updated since 1982,
despite successive salary increments which mean that there

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 45

has been an increase in the net contributions made by Answer given by Mr Bangemann
workers . on behalf of the Commission

(6 July 1 99 S )

Does the Commission intend to update these upper and
lower amounts in its next annual review ?

Answer given by Mr Liikanen

on behalf of the Commission

( 18 fuly 1 99 S )

The problem of changes to the scale of unemployment
allowances for former temporary staff has been considered
at technical consultations with staff representatives at the
Commission ; no conclusion has yet been reached .

If the allowances were to be raised, there would have to be a
concomitant rise in the contributions paid by serving
temporary staff so as to preserve the scheme's financial
equilibrium .

WRITTEN QUESTION P-1 837 / 95

by Spalato Belleré ( NI )

to thc Commission

( 16 June 1 99 . S )

( 95 / C 273 / 87 )

Council Directive 92 / 73 / EEC of 22 September 1992 on
homeopathic medicinal products is founded on the principle
that, if there is a sufficient degree of dilution ( which the
Council fixed at not more than one part per 10 000 of the
mother tincture ), the product may be assumed to be safe,
provided that it is administered orally or externally . In such
a case, the product may be subject to a simplified
registration procedure, notwithstanding the fact that its
effectiveness in regard to a given therapeutical use has not
been demonstrated, and provided that no specific
therapeutic indication appears on the labelling of the
product or in any information relating thereto .

In adopting this Directive, the Council did not express an
opinion either in favour of, or against, homeopathic
medicine . The essential thrust of the directive was to enable

patients to be allowed access to the medicinal products of
their choice, despite considerable differences in the status of
alternative medicines in the Member States, and to provide
that all precautions be taken to ensure the quality and safety
of these products . These are the two main aims of
Community legislation on pharmaceutical products .

WRITTEN QUESTION E-l 860 / 95

by Helena Torres Marques ( PSE )

to the Commission

(3 July / 995 )

Subject : Directive on homeopathic medicine ( 95 / C 273 / 88 )

Having regard to Petitions Nos 387 / 94 and 388 / 94 on
official recognition for homeopathic medicine, and to
Directives 92 / 73 / EEC ( 1 ), 65 / 65 / EEC ( 2 ) and
75 / 3 1 9 / EEC ( - ') laying down provisions on homeopathic
medicines, and although there is a need for Regulations and
controls on such products, would not the Commission agree
that it should set out a position based on sound scientific ­
evidence so as to clarify for Member States the EU's stance
on this matter ?

More specifically, could the Commission clarify the concept
of ' minute doses ', which clearly conflicts with the
widely-recognized scientific concept of ' therapeutic doses '
and is in contrast with medical research of the highest
standard which supports the need for treatment with ' an
adequate dose ' over the shortest possible period, to obviate
the build-up of any resistance to the medicine ?

(!) O J No L 297, 13 . 10 . 1992, p . 8 .

( 2 ) O J No 22, 9 . 2 . 1965, p . 369 / 65 .
O 0 1 No L 147, 9 . 6 . 1975, p . 13 .

Subject : Reduction in 1994 resources for vocational
training in Portugal

Figures recently published in Portugal show that funding for
the programmes of the Employment and Vocational
Training Institute co-financed by the European Social Fund
was drastically cut in 1994 .

The programme for ' structural action in the field of
employment and vocational training ', whose initial budget
amounted to F^sc 905 050 000, only received E,sc
427 928 000 ( i.e . 52,7% less ) at a time when the
government itself admitted that unemployment had risen
significantly .

The programme for ' strategic measures to assist
disadvantaged social groups ', for which Esc 842 500 000
had been budgeted, was allocated only Esc 110 920 000

( minus 86,8% ).

No C 273 / 46 EN Official Journal of the European Communities 18 . 10 . 95

The programme on ' long-term unemployment ' which
accounts for 50% of total unemployment, for which Esc
445 000 000 had been budgeted, received Esc 3 849 000

(- 99,1% ).

The programme on ' training and employment for women ',
which was due to receive Esc 66 336 000, was only
allocated Esc 15 049 000 (- 77,3% ), despite the fact that
unemployment among women in Portugal is far higher than

among men .

1 . Were these adjustments made with the Commission's
agreement ?

2 . Did the Commission reduce amounts for Portugal under
these programmes in 1994 ?

Answer given by Mr Flynn
on behalf of the Commission

( 24 July 1995 )

The Commission is co-financing measures to assist
disadvantaged social groups and the long-term unemployed
under the sub-programme ' Economic and social integration
of disadvantaged social groups '. It is also co-financing
measures to support employment and training structures
under the operational programme ( OP ) ' Vocational training
and employment '. Measures supporting training and
employment for women are also included under the
Community Support Framework ( CSF ) for Portugal for the
period 1994 — 1999 .

The sums earmarked by the European Social Fund ( ESF ) for
the sub-OP and OP mentioned above for 1994 are ECU 38
million and ECU 178 million respectively . In both cases the
Commission has transferred the first and second advances
for 1994, i.e . 80% of the total amounts approved, which
have not been changed .

WRITTEN QUESTION E-1 862 / 95

by Honorio Novo ( GUE / NGL )

to the Commission

(3 July 1995 )

( 95 / C 273 / 89 )

Subject : Prodep II sub-programme

According to information which I have received from a
reliable source, the Prodep II sub-programme, aimed at
providing support for school buildings and materials to be
promoted by private establishments — vocational training
centres and other establishments — has not yet been
initiated by the Portuguese Government .

Can the Commission confirm or deny this claim ?

Should my information prove accurate, I would ask the
Commission to inform me whether it intends to take action

vis-à-vis the Portuguese Government to ensure that it
implements the sub-programme without delay, and state
what reasons the Portuguese Government has given for the
delay ?

Answer given by Mr Flynn
on behalf of the Commission

( 31 July 1995 )

The Community support framework for Portugal for the
period 1994 — 1999 ( CSF 2 ) incorporates the programme
' knowledge and innovation bases ' which includes two
subprogrammes : ' Praxis XXI ' and ' Education ' ( also known
as Prodep II ).

Measure 1 of the ' education ' sub-programme ( Prodep II ) is
co-financed by the European Regional Development Fund
and is aimed at improving the infrastructure and equipment
of primary and secondary schools ( private and cooperative
schools are also eligible for aid under this measure ) and of
technical and vocational schools .

According to information received at recent meetings of the
monitoring committees for the ' education ' sub-programme,
on 12 May 1995, and the ' knowledge base and innovation '
programme, on 22 June 1995, taking account only of the
legal commitments entered into in 1994, public expenditure
for Measure 1 was 1 1 3 % of the planned amount and
covered projects transferred from CSF I, new projects
implemented in the regions of Lisboa and Vale do Tejo,
Alentejo and Algarve and technical education equipment .
Public spending in 1994 ( payments ) was 62% of the
planned amount, chiefly due to projects transferred from
CSF I and carried out in 1994 .

According to more recent information, obtained from the
follow-up to the sub-programme, on the new CSF II
projects :

— as regards infrastructure and equipment for primary and

secondary schools, the proposers of selected projects
have already been notified of the decision, as teaching
projects in the public sector have already begun ;
contracts with private and cooperativae schools are still
to be drawn up ;

— as regards technical and vocational schools, the final

date for submission of applications was 6 July 1995 ; the
selection procedure will be carried out by the Ministry
for Education .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 47

WRITTEN QUESTION E-l 863 / 95

WRITTEN QUESTION E - 1 884 / 95

by Honorio Novo ( GUE / NGL )

Novo ( GUE / NGL ) by Alex Smith ( PSE )

to the Commission to the Commission

to the Commission

(3 J u ly 1995 )

(3 J u ly 1995 )

( 95 / C 273 / 90 ) ( 95 / C 273 / 91 )

Subject : Amendments to the Pronorte Sub-programme B

Regulation

In her reply of 29 May 1995 to my Written Question

( P-1416 / 95 (')) the Commissioner informed me that the
Commission was examining the text of the implementing
regulations on the ' Norte ' programme submitted by the
Portuguese authorities on 11 May .

In my view the text submitted on 1 1 May is not in line with
initial policy, which was that funding from Pronorte
Sub-programme B should provide special support for
medium-sized towns .

Will the Commission therefore inform me whether it is

prepared to accept the abovementioned text as a whole, or
whether it intends to submit amendments in order to

continue giving special support to medium-sized towns ?

Will the Commission also state whether the Portuguese
Government intends to increase funding for medium-sized
towns within other programmes under the Community
support framework aimed at a strategy of development of
medium-sized towns ( in accordance with the
Commissioner's reply of 29 May 1995 )?

(') OJ No C 222, 28 . 8 . 1995, p . 73 .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 26 fuly 1995 )

Having seen the texts implementing the Norte operational
programme under the Portuguese Community support
framework ( submitted at the monitoring committee
meeting for this programme held on 11 May 1995 ), the
Commission sought additional information from the
national authorities specifically as regards financing a
development strategy for medium-sized towns in the north
of Portugal . The information is awaited .

As for the possibility of funding this strategy under other
programmes in the CSF, negotiations are under way to
rework operational programme to promote regional
potential . Apart from the regional programmes, this
programme could best contribute to such a strategy .

V
Subject : Recruitment of teachers and freedom of movement

of workers

It has been reported to me that a major local authority in
Scotland operates a policy regarding the recruitment of
full-time teaching staff which prevents application from
teachers who have not accrued 12 months previous service
with the authority .

Can the Commission provide guidance as to whether this
practice is in breach of the European Union's position on the
freedom of movement of workers ?

Answer given by Mr Flynn
on behalf of the Commission

( 31 J u h 1995 )

In this written question the Honourable Member has not
supplied the Commission with enough information
concerning the case in order for it to come to an informed
opinion of the circumstances surrounding the recruitment of
full-time teaching staff in Scotland .

It is necessary for the Commission to know for which levels
of teaching positions previous experience with the local
authority is required . Similarly it is necessary for the
Commission to be aware of the specific conditions under
which this requirement is demanded of candidates .

The Commission would be in a better position to approach
the relevant authorities on the matter in question, if it were
in possession of more detailed information on the
subject .

WRITTEN QUESTION E-1887 / 95

by Leen van der Waal ( EDN )

to the Commission

(3 f u ly 1995 )

( 95 / C 273 / 92 )

Subject : Banning of non-Slovak language church services in

Slovakia

The Nederlands Dagblad of 29 May 1995 reported that the

Slovak Government intends to prohibit minorities from
holding church services in their own languages . A Draft Law
on the Protection of the National Language, which the
government will shortly be bringing before the Slovak
Parliament stipulates amongst other things that only Slovak

No C 273 / 48 EN Official Journal of the European Communities 18 . 10 . 95

may be used in church services and religious literature . The
law represents a threat to the Protestant Hungarian
minority in particular .

Can the Commission confirm this report, and does it agree
that such practice, along with the draft law, is incompatible
with the freedom of worship and the agreements on the
rights of cultural minorities concluded within the Council of
Europe and in the context of the Stability Pact ? What action
does it propose to take in order to ensure that Slovakia
adheres to those agreements ?

Answer given by Mr Van den Broek

on behalf of the Commission

(2 August / 995 ;

According to information available to the Commission, the
Slovak Government approved the proposed bill on official
languages in its session of 20 June 1995 . This text does not
regulate the use of languages in churches . The article in
Nederlands Dagblad therefore appears incorrect on this
point .

The Commission attaches great importance to the respect of

human rights and the protection of national minorities and
will continue to follow attentively the situation in the Slovak
Republic .

The guidelines were implemented by the Member States '
embassies, and non-Community countries were notified in
accordance with Article 8 of the 1961 Vienna Convention .

Commission delegations in non-Community countries were
informed of the guidelines so that they could provide
guidance to Community citizens in the circumstances
referred to in Article 8C of the EC Treaty and in the
guidelines .

However, as the Commission's report on the operation of
the Treaty on European Union ( 1 ) points out, the guidelines

( which are not binding ) have been given very little publicity,
and EU citizens are for the most part unaware of them .

Via the Council's working parties, the Commission is
backing efforts to give the guidelines the force of law and
have them published in the Official Journal of the European
Communities .

Even if they are not published in the Official Journal, the
Commission believes that citizens should be directly
informed of their rights under the guidelines, and will take
steps in consultation with the Member States to ensure that
this is done .

C ) SEC(95 ) 731 final .

WRITTEN QUESTION E-l 910 / 95

by Bill Miller ( PSE )

to the Commission

WRITTEN QUESTION E-l 909 / 95
(3 July 1995 )

by Bill Miller ( PSE )

( 95 / C 273 / 94 )
to the Commission

(3 July 199.5 )

Subiect : Intergovernmental Conférence
( 95 / C 273 / 93 )

Subject : Intergovernmental Conférence

With regard to diplomatic and consular protection, the
Commission states that there is no clear indication of how a

citizen can avail him or herself of the right to protection . To
overcome this, how does the Commission intend to
publicize the right ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 31 July 1995 )

In the run-up to the entry into force of the Treaty on
European Union, guidelines were drawn up in March 1 993,
in the context of European political cooperation, with a
view to assisting citizens under Article 8C of the EC Treaty
in five specific cases : bereavement ; serious accident / illness ;
arrest / detention ; violent crime, or problems requiring them
to be repatriated .

The Commission states that this is a Community based on
solidarity . How can this be when individual Member States
retain a veto ?

Answer given by Mr Santer
on behalf of the Commission

( 24 July 1995 )

The principle of solidarity is one of the foundations of the
Community . It motivates and governs some of its basic
policies, such as the regional policy and the common
agricultural policy .

When it comes to voting procedures, and in particular to the
unanimity requirement, it is above all reasons of efficiency in
an enlarged Community which now call for their reform .
This is a very important issue which will be dealt with by the
future IGC .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 49

WRITTEN QUESTION E-l 920 / 95

by Cristiana Muscardini ( NI )

to the Commission

(3 J u ly 1995 )

( 95 / C 273 / 95 )

Community institutions does not prevent the institutions of
the Member States from acting on the same subject .

C ) O J No C 136, 19 . 5 . 1994 .

Subject : Comparative advertising
WRITTEN QUESTION E-1 978 / 95

The proposal for a Directive concerning comparative
advertising and amending Directive 84 / 450 / EEC (') was
submitted by the Commission on 28 May 1991 . The slow
progress of the proposal — which has yet to be formally
adopted — is proof of the complexity of its subject matter
and of the need to proceed with extreme caution in an area
which is so sensitive in both economic and ethical terms .

The Community provisions would appear to conflict with
legislative proposals before the Italian Parliament, which
apparently cover the same ground as the Community
proposal currently under consideration .

1 . Is the Commission familiar with the substance of these

legislative proposals ?

2 . If it is, can it say whether in some respects they conflict
with the proposal for a Directive ( 2 )?

3 . Would it agree that it must be seen as premature, at the
very least, to legislate on comparative advertising at
national level when the issue has been under

consideration at Community level for several years and
may be covered by common provisions in the near
future ?

by Jannis Sakellariou ( PSE )

to the Commission

(8 luly 199.S )

( 95 / C 273 / 96 )

Subject : Treatment of Tibetan refugees by the Nepalese

police

Is the Commission aware that the Nepalese police have been
returning Tibetan refugees to the Nepalese-Chinese border
and deporting them back to China ?

If so, what measures has the Commission taken, or will it
take, to draw the Nepalese Government's attention to the
unacceptable nature of its actions ?

Answer given by Mr Marin
on behalf of the Commission

(4 August 1995 )

The Commission recently received reports concerning the
facts to which the Honourable Member refers in his

question . It immeditaley instructed its delegation

, 19 . 9 . 1984, p . 17 . responsible for Nepal to obtain from the Nepalese

, 1 1.7 . 1991, p . 14 . authorities the necessary information, along with an

assurance that Tibetan refugees will not in future be
deported . The Commission also informed the Nepalese
authorities that it is ready to provide assistance if necessary
Answer given by Mrs Bonino in collaboration with the UNHCR in order to ensure proper

behalf of the Commission reception and treatment of Tibetan refugees .

(') OI No L 250, 19 . 9 . 1984, p . 17 .

i 1 ) O J No C 180, 1 1.7 . 1991, p . 14 .

on behalf of the Commission

( 24 July 1995 )

The Commission is aware of certain legislative proposals on
comparative advertising currently before the Chamber of
Deputies of the Italian Parliament, though in the absence of
details it regrets it is unable to confirm whether these are the
proposals to which the Honourable Member is referring .

As the proposals for a Directive concerning comparativae
advertising presented by the Commission (') has not yet
been finally adopted, it is not appropriate for the
Commission to comment on the content of Member States '

legislative proposals .

The Commission reminds the Honourable Member that the
fact that a proposal is being discussed within the

WRITTEN QUESTION E-1 981 / 95

by Inigo Méndez de Vigo ( PPE )

to the Commission

(8 July 1995 )

( 95 / C 273 / 97 )

Subject : NAFO Agreements

With regard to the NAFO Agreements concluded last

September, the Commissioner for Fisheries, Mrs Emma
Bonino, said in El Mundo of 9 June 1995 that ' all the
Member States had previously accepted a 50% cut in

No C 273 / 50 EN Official Journal of the European Communities 18 . 10 . 95

catches ', and that ' there were no negative reactions from
fishermen nor from the Spanish Government '.

Is the Commission aware of the existence of EP resolution

B4-0430 / 94 ('), originally tabled by the PPE, which called
for the Agreements in question not to be ratified, since the
Commission had not objected to the proposal for a TAC of
27 000 tonnes of Greenland Halibut, although the NAFO
Scientific Committee had merely recommended that, as a
precautionary measure, the total catch for 1995 should not
exceed 40 000 tonnes ?

former ministers Maroni and Vito Gnutti denounces the fact

that the state monopoly companies have registered losses of
Lit 60 000 billion over the last 20 years .

Is the Commission aware of the monopolistic role played by
the Philipp Morris American multinational, as described in a
detailed and very well documented report published in the
Corriere della Sera issue of Monday, 19 June 1995

( p . 21 )?

Does the Commission not intend to investigate the matter,
which quite clearly involves a violation of Community
(') OJ No C 341, 5 . 12 . 1994, p . 262 . law ?

Answer given by Mrs Bonino

Answer given by Mr Van Miert
on behalf of the Commission

on behalf of the Commission

( 31 July 1995 ) ( 27 July 1995 )

The Commission is fully aware of the resolution of the
Parliament no . B4-0430 / 94 concerning the TAC ( total
authorized captures ) of 27 000 tonnes of Greenland halibut
in the Northwest Atlantic Fisheries Organization zone

( NAFO ) for 1995 . The Commission, however, is of the
opinion that the long-term interests of Community
fishermen are best defended through a policy of respect for
and enforcement of the conservation measures taken by the
appropriate international fisheries organizations .
Consequently, the Commission did not propose to object
this measure .

On the other hand, a majority of Member States in Council
supported this view and a demand from the Member States
concerned to launch an objection to this TAC was not
followed .

The Commission believes that the objection procedure in
international organizations should always be a last resort, in
cases of flagrant injustice . In such cases, the Commission
has not hesitated to propose an objection, as in the case of
the allocation among NAFO Contracting Parties of the TAC
of Greenland halibut for 1 995, when it was obvious that the
NAFO decision was unfair and discriminatory .

WRITTEN QUESTION E-l 982 / 95

by Giuseppe Rauti ( NI )

to the Commission

(8 July 1995 )

( 95 / C 273 / 98 )

Subject : Losses by the Italian State tobacco company

A question submitted to the Italian Government by the
' Lega ' Member of Parliament Fiorello Provere and signed by

The Commission does not at present have any information
available to it which would lead it to suspect behaviour
contrary to Community competition rules by undertakings
on the Italian tobacco product market .

However, the Commission will, in close contact with the
national authority responsible for competition, make every
effort to ensure that those rules, and in particular Articles 85
and 86 of the EC Treaty, are fully complied with on that
market .

WRITTEN QUESTION E-1 985 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(8 July 1995 )

( 95 / C 273 / 99 )

Subject : Use of languages in ESF Horizon project
applications

I gather that application forms for the submission of
projects under the ESF's NOW, Horizon and Youthstart
programmes were available only in English and French . Is
this true ?

If so, does not the Commission consider that such an
approach might cause annoyance in areas of the Union in
which other languages are spoken ? Does it not also consider
that, since the projects have to be submitted to local
authorities, there is no plausible explanation whatsoever for
this state of affairs ?

If not, will the Commission explain why no Dutch-language
forms were available for projects in Flanders ?

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 51

Answer given by Mr Flynn
on behalf of the Commission

( 28 July 1995 )

The NOW, Horizon and Youthstart programmes are the
three strands of the Community initiative on employment
and the development of human resources . As with all
Community initiatives, responsibility for the choice of
projects lies with the Member States . They have therefore
drawn up their own application packages .

The application packages for these three projects are in two
sections :

— one which is national, and therefore in the language of

that country ;

— one transnational cooperation document, which each

project partner must fill in identically . As these partners
are of different nationalities and the document must be

understood by all, the Member States themselves have
decided that it should be in French or English .

WRITTEN QUESTION P    - 1 989 / 95

by Mair Morgan ( PSE )

to the Commission

( 29 j une 1995 )

( 95 / C 273 / 100 )

Subject : Diversification of hill farms

With fill farmers across the European Union being
encouraged to diversify their loss of sheep subsidy, many are

being compelled to use their land for activities such as motor
sports . I understand that in the United Kingdom, such
' noisy ' activities may be permitted for 14 days without
planning permission .

In tranquil rural areas these activities are causing
neighbouring properties much distress and inconvenience,
with activities starting and stopping at regular intervals after

14 days . What plans does the Commission have to ensure
that such noisy activities are properly monitored avoiding
unnecessary inconvenience to others ?

responsibility of the Member State authorities . Amongst
other things, these authorities must ensure that schemes they
approve conform with national planning and environmental
requirements, which are drawn up in response to local
needs . Where diversifaction does not involve grant aid,
national authorities may still impose planning and
environmental controls .

Monitoring of noise and inconvenience falls within the
elements covered by national planning and environmental
requirements . Monitoring of compliance with this
legislation is the responsibility of the Member State .

WRITTEN QUESTION E-2028 / 95

by Willi Rothley ( PSE )

to the Commission

( 12 July 1995 )

( 95 / C 273 / 101 )

'
Subject : Directive 77 / 187 / EEC — Employees rights in the

event of transfers of undertakings

Directive 77 / 187 / EEC (') of 14 February 1977 on
employees ' rights was to be transposed in the Member States
by 14 February 1979 .

When was the Directive transposed in the individual
Member States ?

Flow is the legislation by which the Directive was transposed
entitled ?

Where and when was this legislation officially published

( source )?

When did this legislation come into force ?

What are the corresponding provisions in the new Member

States, i.e . Austria, Finland and Sweden ?

(') OJ No L 61, 5 . 3 . 1977, p . 26 .

Answer given by Mr Flynn
on behalf of the Commission

(8 September 1995 )
Answer given by Mr Fischler
on behalf of the Commission

( 17 July 1995 ) In view of the length of its answer, the Commission                   - is
sending it direct to the Honourable Member and to
Parliament's Secretariat .

In accordance with the principle of subsidiarity, day to day
administration of farm diversification schemes is the

No C 273 / 52 EN Official Journal of the European Communities 18 . 10 . 95

WRITTEN QUESTION E-2055 / 95

WRITTEN QUESTION P-2070 / 95

by Imelda Read ( PSE ) by Elisabeth Schroedter ( V )

to the Commission to the Commission

( 12 July / 995 ; (7 Julv 1995 )

( 95 / C 273 / 102 ) ( 95 / C 273 / 103 )

Subject : Organizations miss-using cover of charitable

status

Has the Commission taken into account the possibility of an
organization miss-using the cover of charitable status to
gain a legal personality valid throughout the Union, and will
the proposed European Statute on Associations cover this
point ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 31 f u ly 1 99 S )

Subject : Non-implementation of Council Directive
85 / 337 / EEC on the assessment of environmental

effects in part of a Member State — namely, the
five new Lander in the Federal Republic of
Germany

The Federal Republic of Germany applied Article 4(2 ) of
Directive 85 / 337 / EEC (') by adopting legal provisions

( Article 52, Paragraph 2a of the Federal Mining Law ) laying
down an environmental impact assessment requirement in
respect of mining projects, taking into account the type,
location and size of the project in question, because such
projects have a significant impact on the environment .

Is it compatible with Directive 85 / 337 / EEC that the German
Unification Treaty should suspend the environmental
impact assessment requirement for mining projects in
respect of old opencast mines in the new Federal Lander

( Annex 1, Chapter 5, Section 3, Item Ih, bb of the German
Unification Treaty )?

In order to prevent any misuse of the statute for a European (') OJ No L 175, 5 . 7 . 1985, p . 40 .
association by unscrupulous persons or organizations
seeking to secure legal status recognized throughout the
Community, the Commission included in the amended
proposal for a Council Regulation ( EEC ) on the statute for a
European association (') procedures designed to prevent Answer given by
any such possibility . on behalf of the

Answer given by Mrs Bjerregaard

on behalf of the Commission

A European association cannot therefore acquire legal
personality until it has been entered in the register selected
by the Member State in which the association has its
registered office . Prior to such registration, however, there is
provision in Article 7 of the Commission proposal for a
check carried out by a supervisory authority in the Member
State where the registered office is located to ensure that the
requirements for formation have been complied with . For
example, it is likely that European associations with a
registered office in the United Kingdom will be checked by
the Charity Commission, which performs a similar function
for British charities .

This check will be carried out not only when a European
association is formed but also throughout its active life, in
order to prevent any fraudulent use of the association

statute .

(') O J No C 236, 31 . 8 . 1993 .

(2 7 July 1995 )

The treaty of German unification indeed provides that no

impact assessment has to be carried out for mining projects
if the authorization procedure for such projects had already
commenced by 3 October 1990 .

This clause is similar to Article 22 of the German law on

environmental impact assessments which provides that no
impact assessment has to be carried out if the authorization
procedure had been started before the entry into force of this
law . In a judgment on 9 August 1994, the European Court
of Justice had decided that such a transition clause is not
compatible with Article 12 of Directive 85 / 337 / EEC ( case
C-396 / 92 ).

With regard to Directive 85 / 337 / EEC, Community law does
not provide for transitional measures applicable in the new
German Lander . The Commission is therefore of the

opinion that the transition clause in the treaty on German
unification is not compatible with Directive 85 / 337 / EEC
and has taken formal steps against Germany .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 53

WRITTEN QUESTION P-2080 / 95

QUESTION P-2080 / 95 objectives in Article 39 of the EC Treaty and should not be

Ivar Virgin ( PPE ) considered as indirect support to countries outside the

to the Commission Community .

by Ivar Virgin ( PPE )

(7 July 1995 )

( 95 / C 273 / 104 )

Subject : De-regulation of the CAP

50 % of the EU's budget is currently made up of various
types of agricultural subsidy . Aid is paid to our own farmers
but also, indirectly, to countries outside the Union, e.g . the
ACP countries .

The 1992 reform of agricultural policy has had a beneficial
impact in reducing food prices and the percentage of the
EU's budget spent on farming subsidies, which should
encourage further measures along those lines .

What are the Commission's proposals for ensuring that
farm prices continue to adjust to world market prices in the
long term following the expiry of the GATT agreement in
2001 ?

Answer given by Mr Fischler
on behalf of the Commission

( 31 July 1995 )

The long-term development of agricultural prices will be
determined by internal policies within the Community and
developments on the world market .

The GATT agreement on agriculture, ' recognizing that the
long-term objective of substantial progressive reductions in
support and protection resulting in fundamental reform is
an on-going process ', foresees that negotiations for
continuation of the reform process will be initiated in 1999 .
It is not possible at present to judge what will be the results
of these negotiations .

The Europe agreements establishing an association between
the Community and countries in central and eastern Europe
state that the final objective for these countries is to become
members of the Community . This means that the common
agricultural policy must be extended to cover these
countries when they become members .

It is not possible for the Commission to predict long-term
prices, given the number of variable factors involved .

The Commission also underlines the fact that support in the
agricultural sector is granted with a view to achieving the

WRITTEN QUESTION P-2100 / 95

by Brigitte Langenhagen ( PPE )

to the Commission

( 12 July 1995 )

( 95 / C 273 / 105 )

Subject : New regional programmes under Objectives 1 and

2 of Community structural policies

When document COM(95 ) Ill-final was presented to the
Committee on Regional Policy by Director-General
Landaburu it became clear that the harnessing of potential
relating to environmental protection could be improved in
several Member States . Several questions arise in this
connection :

1 . How does the Commission plan to encourage the use of

environmental schemes which are aimed at sustainable
development ?

2 . As part of its structural policies, does the Commission
plan to support exchanges of experience between
Member States concerning environmentally-friendly
development ? Might this be done by means of a
presentation of particularly successful schemes, such as
the promotion of environmentally-friendly tourism,
measures to combat water pollution or
environmentally-friendly energy use ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 31 J u ly 1995 )

1 . The Structural Funds and the Cohesion Fund already
contribute significantly to investment aimed directly at the
protection or improvement of the environment . The
Structural Funds also support measures with an indirect
impact on the environment, e.g . environmentally friendly
products and technology in small and medium sized
enterprises ; renewable energy and energy-saving
technologies ; public transport, especially rail transport, and
green tourism .

No C 273 / 54 EN Official Journal of the European Communities 18 . 10 . 95

Given the importance for the preventive approach towards
the environment of measures with an indirect impact, the
Commission considers that further attention could still be

given to such measures during the implementation of the
ongoing programmes ( e.g . intensified attention to
environmental aspects in evaluation and project
selection ).

2 . The Commission agrees that exchange of experience
and best practices on sustainable development is helpful .
The operations of the monitoring committees have already
permitted an exchange of experience between the Member
States and the regions on the one hand and the Commission
on the other hand .

For the exchange between the Member States and regions
themselves, various options exist, notably under Article 10
of the ERDF Regulation ( Council Regulation ( EEC )
No 4254 / 88, as amended ) C ) and within the Interreg
programmes . The Commission is examining the concrete
measures which might be appropriate taking into account
the specific needs of the regions concerned . The publication
of exceptionally good examples of sustainable development,
emerging from the exchange on best practices between the
Member States, could be one useful measure .

Answer given by Mrs Gradin
on behalf of the Commission

( 11 September 1995 )

The Commission would refer the Honourable Member to its

answer to Written Question No 1334 / 95 by Mr Siso
Cruellas (').

(') OJ No C 257, 2 . 10 . 1995, p . 28 .

WRITTEN QUESTION E-2107 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 18 July 1995 )

( 95 / C 273 / 107 )

Subject : Human rights

(') OJ No L 193, 31 . 7 . 1993 . In Kashmir, on the border between India and Pakistan, the
situation which has arisen over the last 15 years merits
attention . 80 % of the population is Pakistani, but the India
has invaded the region with approximately 500 000
policemen and there are reports of thousands of people
having been killed .

WRITTEN QUESTION E-2104 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 18 July 1995 )

( 95 / C 273 / 106 )

Subject : Measures to combat fraud

There were 4 264 cases of fraud in 1 994, which is a cause for
concern both because of the high number in absolute terms
and the fact that it represents a twofold or threefold increase
over 1993 . Another disturbing fact is that only 4 % of the
funds concerned are recovered .

Can the Commission state the reasons for this sharp increase
and why the Member States are unable to recover the
misappropriated funds ?

Can the Commission take appropriate steps to solve this
problem, which is causing serious damage to the
Community budget ?

The valley is inaccessible to the media and humanitarian
organizations .

Is the Commission aware of the situation and does it not

consider that it should intervene in order to ensure access to
the region and subsequently ensure that the inhabitants of
Kashmir themselves are allowed to determine, by peaceful
means, what country they belong to ?

Answer given by Mr Marin
on behalf of the Commission

(1 August 1995 )

The Commission and the Member States are very much
aware of and concerned by the current situation in Kashmir,
especially with regard to the need for the maintenance of
basic human rights . To this end they have pressed the
Government of India to permit regular access to the area by
international humanitarian organizations .

The Community has long maintained that the resolution of
the problems of Kashmir can only be achieved as a result of

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 55

bilateral dialogue between India and Pakistan taking
account of the wishes of the Kashmiri peoples .

WRITTEN QUESTION E-21 12 / 95

by Jaak Vandemeulebroucke ( ARE )

Can the Commission state, as a matter of urgency, what
budgetary instruments are being used for this purpose ? Can
the Commission, in particular, specify whether — and to
what extent — these transfers originate from the
Community support framework for Portugal ? Should this
be the case, to what extent have previous objectives
provided for in the CSF been sacrificed ?

to the Commission Answer given by Mr Fischler
on behalf of the Commission

( 19 July 199 S )

( 95 / C 273 / 108 ) ( 28 July 1995 )

Subject : Combating fraud within the Union

I should like to receive a list of all organizations, both
internal and external, which receive funding from the Union
budget for the purpose of combating fraud against Union
funds .

In the case of each of them, I should also like to know the
budget heading concerned and the amount of funding
granted to the organization . I should also appreciate a
detailed overview of the staffing of these organizations .

Answer given by Mrs Gradin
on behalf of the Commission

( 11 September 1995 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

WRITTEN QUESTION P-2158 / 95

by Joaquim Miranda ( GUE / NGL )

to the Commission

( 18 July 1995 )

( 95 / C 273 / 109 )

Subject : Aid to alleviate the drought in Portugal

The Portuguese Government has just announced that it is
granting a certain amount of aid to alleviate the effects of the
drought, particularly on agriculture . According to this
statement, some of this aid will be coming from Community
transfers .

The Commission is studying the problem raised by the
Honourable Member in partnership with the authorities of
the Member State concerned . The analysis will identify the
most appropriate measures for offsetting the adverse effects
of the drought while staying within the financial budget for
the 1994 / 99 Community support framework for Portugal .
The Commission would note in this regard that ECU 29,1
million was allocated for part-funding the measures in
question at the meeting of the CSF monitoring committee
held in Lisbon on 30 June 1995 .

The Commission will notify the Honourable Member as
soon as it has concluded its analysis .

WRITTEN QUESTION E-2167 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 28 July 1995 )

( 95 / C 273 / 110 )

Subject : Measures in respect of type I-diabetes

The Greek Association of parents of diabetic children and
young people has been urging the Greek Parliament to adopt
a number of measures in favour of children suffering from
type I ( early onset ) diabetes, who themselves and their
families encounter grave psychological, social and financial ­
handicaps . The measures it is proposing include the
recognition of high levels of disability, the granting of
financial assistance, free support from insurance
institutions, educational and employment facilities, parental
leave, early retirement, and full development of diabetes
research centres .

What measures may be taken within the European Union
and in the framework of health policy in respect of this grave

No C 273 / 56 EN Official Journal of the European Communities 18 . 10 . 95

disease affecting hundreds of thousands of young people
and disrupting their families in the Member States of the
Union ?

Answer given by Mr Flynn
on behalf of the Commission

(7 September Î995 )

The Commission would refer the Honourable Member to its

joint answer to Written Questions E-1308 / 95 by Mr Van
Velzen (') and E-1527 / 95 by Mr Blak ( 2 ).

í 1 ) OJ No C 257, 2 . 10 . 1995, p . 27 .
( 2 ) OJ No C 270, 16 . 10 . 1995 .

WRITTEN QUESTION P-2268 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 18 July 199 5 )

concerning the approximation of the laws of the Member
States relating to collective redundancies have been
transposed into Belgian law by means of collective
agreement No 10 of 8 May 1973 ( amended by royal decree
on 6 August 1973 ), collective agreement No 24 of 2 October

1975 ( amended by royal decree on 7 February 1984 ), the
royal decree of 21 January 1976, the royal decree of 24 May

1976 ( amended by royal decree on 26 March 1984 and
1 1 June 1986 ), collective agreement No 24 / 4 of the National
Labour Council ( CNT ) of 21 December 1993 and the royal
decree of 9 March 1995 .

The provisions of national law referred to above therefore

apply with regard to the situation described by the
Honourable Member . It is thus the responsibility of the
national authorities to check compliance with these
provisions .

Nevertheless, it should be stressed that, in the context of
monitoring effective implementation of Community law,
the Commission will keep an eye on developments regarding
this matter .

( 95 / C 273 / 111 )
WRITTEN QUESTION E-2300 / 95

by Michl Ebner ( PPE )

Subject : Compliance with European Directives in the case

of the dismissal of 480 employees by Lee in
Ypres

On 12 July 1995, the US multinational Lee made 480
employees redundant at its plant in Ypres . Parliament
debated this matter on 13 July 1995 . In its resolution,
Parliament refers to Directive 75 / 129 / EEC (*), as amended
by Directive 92 / 56 / EEC ( 2 ), on the approximation of the
laws of the Member States relating to collective
redundancies . Commissioner Brittan, who took part in the
debate for the Commission, also referred to that

Directive .

Does the Commission agree that Lee did not comply with
the provisions of the above Directives ? If so, will it state
what means it has to take action against or to impose
penalties on the company ?

(!) OJ No L 48, 22 . 2 . 1975, p . 29 .

to the Commission

(1 September 1995 )

95 / C 273 / 112 )

Subject : Allocation of EU resources to South Tirol ( Italy )

Will the Council provide information about the allocation
of resources to South Tirol during the 10-year period
between 1 January 1985 and 31 December 1994, broken
down on an annual basis ?

Will it also specify the authorities of the relevant EU
initiatives and structural programmes responsible for the
allocation of these resources ?

( 2 ) OJ No L 245, 26 . 8 . 1992, p . 3 . Answer given by Mr Santer
on behalf of the Commission

( 14 September 1995 )

Answer given by Mr Flynn
on behalf of the Commission

(7 September 1995 )

The provisions of Council Directives 75 / 129 / EEC of

17 February 1975 and 92 / 56 / EEC of 24 June 1992

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

18 . 10 . 95 EN Official Journal of the European Communities No C 273 / 57

WRITTEN QUESTION E-2340 / 95

by Michl Ebner ( PPE )

WRITTEN QUESTION E-2359 / 95

by Peter Crampton ( PSE )

to the Commission to the Commission

(1 September 1995 ) (1 September 1995 )

95 / C 273 / 113 ) ( 95 / C 273 / 114 )

Subject : Allocation of EU appropriations to Trentino

( Italy )

Subject : EU research funding — UK universities

What appropriations from the EU budget ( broken down by
year ) were allocated to Trentino over the 10-year period
from 1 January 1985 to 31 December 1994 ?

Which bodies set up under the various EU initiatives and
structural programmes are responsible for the allocation of
appropriations referred to above ?

Answer given by Mr Santer
on behalf of the Commission

How much has each UK University received from European
Union research funds in the past five years ?

Answer given by Mrs Cresson

on behalf of the Commission

( 14 September 1995 ) ( 14 September 1995 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible . The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .