Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 109
# Official Journal

Volume 39
### of the European Communities 15 April 1996

Volume 39

15 April 1996

###### Information and Notices

English edition

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

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###### EN

P - 1 223 / 95 by Hiltrud Breyer to the Commission
Subject : Scuttling of decommissioned off-shore platform ( Supplementary answer ) 1

E-1621 / 95 by Alexandros Alavanos to the Commission
Subject : Financing of Teokar Ltd under various programmes ( Supplementary answer ) 2

E~1 722 / 95 by Mihail Papayannakis to the Commission
Subject : Interpretation of Directive 92 / 43 / EEC on the conservation of natural habitats 2

E - 1 723 / 95 by Maria Sornosa Martinez to the Commission
Subject : Interpretation of Directive 92 / 43 / EEC on the conservation of natural habitats 3

E-2175 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control / priority for action to control air, water and soil
pollution 3

E-2433 / 95 by Marie-Paule Kestelijn-Sierens to the Commission
Subject : Conversion of customs agencies 4

E-2511 / 95 by Amedeo Amadeo to the Commission

Subject : Dioxin emissions 5

E-2518 / 95 by Yannos Kranidiotis to the Commission
Subject : Protective measures in the area of the production and marketing of foie gras 5

E-2679 / 95 by Alexandros Alavanos to the Commission
Subject : Free international competition in the production and marketing of foie gras 6

Joint answer to Written Questions E-2518 / 95 and E-2679 / 95 6

2 ( Continued overleaf )

Notice No Contents ( continued ) Page

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E-2534 / 95 by José Valverde Lôpez to the Commission
Subject : Transposition into Spanish law of the Directive on classification, packaging and labelling
of dangerous substances 6

E-2606 / 95 by Jesus Cabezôn Alonso to the Commission
Subject : Structural investment in Cantabria ( Supplementary answer ) 6

E-2634 / 95 by Stephen Hughes to the Commission
Subject : Resources devoted to work in the field of health, safety and hygiene ( Supplementary
answer ) 7

E-2644 / 95 by Marianne Thyssen to the Commission

Subject : Anti-dumping duties procédure 7

96 / C 109 / 14 E-2650 / 95 by James Provan to the Commission
Subject : Sewage disposai in Belgium 8

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###### EN

E-2704 / 95 by Maria Aramburu del Rio to the Commission
Subject : Reconversion of shipyards in Spain 8

E-2778 / 95 by Jean-Claude Pasty to the Commission
Subject : The aim of the European Union's industrial and research policy and the role of centres of
excellence within the framework of the Biomed 2 programme ( Fourth FPRD ) 9

E-2802 / 95 by Hiltrud Breyer to the Commission
Subject : Household use of synthetic pyrethroids 10

E-2838 / 95 by Karl Schweitzer to the Commission
Subject : Monitoring of environment standards 11

E-2849 / 95 by Philippe De Coene to the Commission
Subject : Directive on discharges of organotin and organophosphorus substances into the aquatic
environment and pollution from the paper-pulp industry 11

E-2864 / 95 by Cristiana Muscardini to the Commission
Subject : GSM mobile telephones 12

E-2870 / 95 by Peter Crampton to the Commission
Subject : Hunting of migratory birds in Italy 12

E-2901 / 95 by Carles - Alfred Gasôliba i Bohm to the Commission
Subject : Promoting moderate wine consumption 13

E-290 9 / 95 by Manuela Frutos Gama to the Commission
Subject : Appointment of heads of unit : equal opportunities 13

E-2954 / 95 by Martina Gredler to the Commission
Subject : Labelling of gluten in foodstuffs for the benefit of sufferers from coeliac disease .... 14

E-2967 / 95 by Luciano Vecchi to the Commission
Subject : Action taken on Parliament's February 1994 resolution on the use of bioclimatic
construction technology for residential buildings and work premises 14

E-2994 / 95 by Glyn Ford to the Commission
Subject : Dumping of sewage sludge at sea 15

E-3004 / 95 by Antonio Trizza and Salvatore Tatarella to the Commission
Subject : Fraud involving oil-seed plantations 15

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###### EN

P-3025 / 95 by Agnes Schierhuber to the Commission
Subject : Financing of the EU's policy for mountain areas and other less-favoured areas 16

E-3028 / 95 by Wolfgang Nufêbaumer to the Commission
Subject : Conformity with EU law of the Austrian law on road haulage 17

E-303 6 / 95 by Horst Schnellhardt to the Commission
Subject : Prescription requirement for veterinary medicines 18

E-3045 / 95 by Jacques Donnay to the Commission
Subject : Difficulties experienced by SMEs in gaining access to the Belgian market 18

E-3050 / 95 by Nel van Dijk to the Commission

Subject : Beek Airport : a bottomless pit for ERDF funding 19

E-3059 / 95 by Nuala Ahern to the Commission
Subject : Communications between France and the Commission pursuant to Article 33 of the
Euratom Treaty 20

E-3061 / 95 by Nuala Ahern to the Commission
Subject : Source or fissile materials in Commission ownership at the time of the accession of
Ireland 20

E-3064 / 95 by Nuala Ahern to the Commission
Subject : Euratom safeguards inspections 20

E-30 66 / 95 by Martina Gredler to the Commission
Subject : Risks to health posed by the consumption of foodstuffs grown in soil treated with pig
manure 21

E-3090 / 95 by Christine Crawley to the Commission
Subject : Birmingham Northern Relief Road 22

E-3091 / 95 by Christine Crawley to the Commission
Subject : Industrial tribunal awards 22

E-30 96 / 95 by . Salvador Garriga Polledo to the Commission
Subject : Management of water resources 22

E-3098 / 95 by Salvador Garriga Polledo to the Commission
Subject : Community hydrological policy 23

E-30 99 / 95 by Anne André-Léonard to the Commission
Subject : Double membership fees for persons not resident in Luxembourg 23

E-3100 / 95 by Marco Cellai to the Commission
Subject : Need for more effective communication between the Commission and Members of
Parliament 24

E-3102 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Illegal dumping of nuclear waste 24

E-31 15 / 95 by James Fitzsimons to the Commission
Subject : Cancer registers and the nuclear industry 25

E-3 122 / 95 by Marie-Paule Kestelijn-Sierens to the Commission
Subject : Review of the international TIR Convention 25

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 109 / 46 E-3 129 / 95 by Richard Howitt and Wolfgang Kreissl-Dôrfler to the Commission
Subject : Tropical forest park in French Guiana

96 / C 109 / 47 E-3 1 34 / 95 by Jesus Cabezon Alonso to the Commission
Subject : EU workers on board Moroccan fishing vessels

96 / C 109 / 48 E-3 145 / 95 by Clive Needle to the Commission
Subject : Safety of child pillion passengers on motorcycles

96 / C 109 / 49 E-3147 / 95 by Jessica Larive to the Commission
Subject : Non-compliance with EU legislation on fisheries products

96 / C 109 / 50 E-3152 / 95 by Ian White to the Commission
Subject : Calcium carbonate in food

96 / C 109 / 51 E-3 1 55 / 95 by Maartje van Putten to the Commission
Subject : Delays in procedures for approving and awarding projects

96 / C 109 / 52 E-3161 / 95 by Gianni Tamino and Carlo Ripa di Meana to the Commission
Subject : Ships with radioactive nuclear waste on board sunk in the Mediterranean Sea

96 / C 109 / 53 E-3164 / 95 by Hiltrud Breyer to the Commission
Subject : The Second EC Biomed I European Conference — ethical issues concerning the treatment
of patients in a persistent vegetative state — on 8 and 9 December 1995 in Bonn

96 / C 109 / 54 E-3 1 72 / 95 by Mary Banotti to the Commission
Subject : Figures concerning level of uptake of reduced levy quotas

96 / C 109 / 55 E-3 1 77 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Inadequate knowledge of European funding schemes among SMEs

96 / C 109 / 56 P-3178 / 95 by Glyn Ford to the Commission

Subject : Criteria for matching funds

96 / C 109 / 57 E-3 1 87 / 95 by Isidoro Sanchez Garcia to the Commission
Subject : Fisheries agreement with Morocco

96 / C 109 / 58 E-3 1 92 / 95 by Jorge Hernandez Mollar to the Commission
Subject : Validity of passes for the assistants of Members of the European Parliament in
Commission buildings

96 / C 109 / 59 E-3 1 98 / 95 by Sérgio Ribeiro to the Commission
Subject : Cases of occupational disease ( Setubal — Portugal )

96 / C 109 / 60 E-3205 / 95 by James Fitzsimons to the Commission
Subject : Inclusion of competitiveness as a Treaty objective

96 / C 109 / 61 P-3211 / 95 by Heidi Hautala to the Commission
Subject : Community standards for fluoride content in drinking water

96 / C 109 / 62 P-3232 / 95 by Karl von Wogau to the Commission
Subject : The European firearms pass ( Directive 91 / 477 / EEC )

96 / C 109 / 63 E-3237 / 95 by Glyn Ford to the Commission
Subject : Prompt payment of social fund grants

96 / C 109 / 64 E-3243 / 95 by Maartje van Putten to the Commission
Subject : Hidrovia Paraguay-Paraná project

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P-3260 / 95 by Honor Funk to the Commission
Subject : Market organization in the cereals sector 36

E-3270 / 95 by Veronica Hardstaff to the Commission
Subject : Support for fishermen 37

96 / C 109 / 67 E-3291 / 95 by José Apolinário to the Commission

Subject : Régulation ( EEC ) No 2159 / 89 37

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###### EN

P-3296 / 95 by Carmen Díez de Rivera Icaza to the Commission
Subject : Integrated solutions to the problem of environmental protection around airports primarily
serving tourism 38

E-3303 / 95 by Miguel Arias Cañete to the Commission
Subject : Impact on Community agriculture of the concessions on new potatoes granted to Morocco
in the framework of the new association agreement 39

E-3318 / 95 by Reimer Böge to the Commission
Subject : Council Directive 83 / 182 / EEC of 28 March 1983 on tax exemptions within the
Community for certain means of transport temporarily imported into one Member State from
another 39

E-3322 / 95 by Shaun Spiers to the Commission
Subject : Implementation of health and safety legislation 40

E-3323 / 95 by Bryan Cassidy to the Commission
Subject : Torture of Guatemalan street children 40

E-332 6 / 95 by Jesus Cabezón Alonso to the Commission
Subject : The peace process in Guatemala 41

E-3327 / 95 by Jesus Cabezón Alonso to the Commission
Subject : Indigenous peoples in Costa Rica 42

E-3328 / 95 by Carmen Fraga Estévez to the Commission
Subject : Common organization of the market in potatoes 42

E-3330 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Older women and the Fourth Action Programme on Equal Opportunities 43

E-3452 / 95 by Pavlos Sarlis to the Commission
Subject : Irregularities in regard to Community-funded projects in the prefecture of Ioannina 43

E-3455 / 95 by Winifred Ewing to the Commission
Subject : Screening Phare advisers or experts 44

E-3463 / 95 by Sebastiano Musumeci to the Commission
Subject : Antidumping measures for Sicilian oranges 44

E-3465 / 95 by Francisco Lucas Pires to the Commission
Subject : ' Professional schools ' in the Member States of the European Union 45

P-34 66 / 95 by Susanne Riess-Passer to the Commission
Subject : Commission competition — Category A7 / A8 for Austrian nationals 45

P-3467 / 95 by Luis Campoy Zueco to the Commission
Subject : Reform of the COM in asparagus 46

( Continued overleaf )

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###### EN

E-3470 / 95 by Martin Schulz and Yiannis Roubatis to the Commission
Subject : Breakdown of EU-financed Moni Toplou wind-power installations in Sitia, Crete ... 47

E-34 78 / 95 by Joaquim Miranda to the Commission
Subject : Designation of place of origin 47

E-3485 / 95 by Hiltrud Breyer to the Commission
Subject : IMBC ( International Molecular Biology Centre ) and EMMA ( European Mutant Mouse
Archive ) 48

E-3486 / 95 by Hiltrud Breyer to the Commission
Subject : Flora / fauna habitat Directive ( 92 / 43 / EEC ) in relation to Schleswig-Holstein 48

E-3487 / 95 by Hiltrud Breyer to the Commission

Subject : Flora / fauna habitat Directive ( 92 / 43 / EEC ) 48

Joint answer to Written Questions E-3486 / 95 and E-3487 / 95 49

E-3500 / 95 by José Barros Moura to the Commission
Subject : Situation of Portuguese workers in the Netherlands 49

E-3505 / 95 by Bryan Cassidy to the Commission
Subject : Commission Decision No 2450 / 95 / ECSC and Regulations ( EC ) No 2451 / 95 and ( EC )
No 2474 / 95 50

E-3506 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Wine 50

E-3507 / 95 by Bryan Cassidy to the Commission
Subject : Standing Veterinary Committee 50

E-3508 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Sugar 50

E-3509 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Cereals 50

E-3510 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Beef and Veal 51

E-3511 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Oils and Fats 51

E-3512 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Fresh Fruit and Vegetables 51

E-3513 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Spirit Drinks 51

E-3514 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Bananas 51

E-3515 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Milk and Milk Products 51

E-3516 / 95 by Bryan Cassidy to the Commission

Subject : Customs Code Committee 52

( Continued on inside back cover )

Notice No Contents ( continued ) Page

96 / C 109 / 101 E-3536 / 95 by Bryan Cassidy to the Commission
Subject : Advisory Committee on anti-dumping 52

96 / C 109 / 102 E-3537 / 95 by Bryan Cassidy to the Commission
Subject : Management Committee for Poultrymeat and Eggs 52

Joint answer to Written Questions E-3505 / 95 to E-3516 / 95, E-3536 / 95 and
E-3537 / 95 52

96 / C 109 / 103 E-3518 / 95 by Cristiana Muscardini to the Commission
Subject : Compatibility of the Italian Consolidated Customs Law with Regulation ( EEC )
No 2913 / 92 52

96 / C 109 / 104 E-3522 / 95 by Werner Langen to the Commission
Subject : Expansion of wine-growing areas in Spain 53

96 / C 109 / 105 E-3526 / 95 by Ian White to the Commission
Subject : Age limits for recruitment of posts in the Commission 54

96 / C 109 / 106 E-3533 / 95 by Carole Tongue to the Commission
Subject : Transfer of sentenced persons 54

96 / C 109 / 107 E-3547 / 95 by Robin Teverson to the Commission
Subject : Ramsar Convention on wetlands of international importance 54

96 / C 109 / 108 E-3571 / 95 by Mihail Papayannakis to the Commission
Subject : Methyl bromide 55

96 / C 109 / 109 P-3583 / 95 by Jimmy Goldsmith to the Commission
Subject : Convergence criteria for EMU 55

96 / C 109 / 110 E-3620 / 95 by Cristiana Muscardini and Spalato Belleré to the Commission
Subject : Risk of a tuberculosis epidemic at the San Vittore prison 56

96 / C 109 / 111 E-362 9 / 95 by Arthur Newens to the Commission
Subject : Ban on use of hydrogen peroxide for surgery use by dentists 56

96 / C 109 / 112 E-3631 / 95 by José Apolinário to the Commission
Subject : European Union funding for Renault projects 57

96 / C 109 / 113 P-3633 / 95 by Nikitas Kaklamanis to the Commission
Subject : Mrs Çiller's participation in the Madrid summit 57

96 / C 109 / 114 P-3634 / 95 by Roberta Angelilli to the Commission
Subject : Imminent discontinuation of the ' Telefono azzurro ' helpline and rebates and reductions
for the use of telephone helplines for children and young people in the rest of Europe 58

96 / C 109 / 115 E-3647 / 95 by Cristiana Muscardini and Amedeo Amadeo to the Commission
Subject : Effects of the Bosman judgment 58

###### EN

15 . 4 . 96 1 EN 1 Official Journal of the European Communities No C 109 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION P-1223 / 95 Supplementary answer given by Mrs Bjerregaard
by Hiltrud Breyer ( V ) on beh alf of the Commission
to the Commission @2 December 1995 )

( 20 April 1995 )

( 96 / C 109 / 01 )

Further to its answer of 22 May 1995 ( ! ), the Commission
can now give the following information .

Subject : Scuttling of decommissioned off-shore platform

On 16 February 1995 the British Government authorized
the Shell company to scuttle the decommissioned off-shore
platform ' Brent Spar ' using explosives .

1 . Is the British Government's authorization of

16 February 1995 confined to the scuttling of the Brent
Spar ?

2 . Is it intended that other decommissioned or yet to be
decommissioned platforms should be scuttled ? If so,

( a ) how many ?

( b ) where ?

3 . What toxic inventory is there on the Brent Spar ? What

quantities of each item does this comprise ?

4 . How is it intended that the toxic inventory should be
disposed of ?

5 . Can the Commission be certain that the scuttling of
platforms does not violate existing international
agreements on the protection of the sea ( OSPAR,
London Dumping Convention etc .)?

Article 130r of the EC Treaty is capable of including within
its objectives the environmental protection of the marine
environment . Such provision would be in line with
Article 130r, paragraph 1, last indent, because it would
mean ' promoting measures at international level to deal
with regional or worldwide environmental problems '.
However, there is no Community environmental legislation
which presently applies to the dumping of off-shore oil
installations, and it is a special subject which would require
special Community legislation . Because there is no existing
Community legislation covering the scuttling of off-shore
oil platforms, the Commission is not in a position as a
matter of Community law to require the United Kingdom
Government to provide the detailed information necessary
to answer the Honourable Member's question .

At the fourth international conference for the protection of
the North Sea in June 1995, the Commission was associated
with the call for work towards a ban on the dumping of
off-shore oil installations within the framework of the Oslo

and Paris conventions, and a decision proposing such a
moratorium was subsequently proposed at the meeting of
the Oslo and Paris commissions ( the Community not being a
party to the Oslo Convention, it did not vote on this
proposal ). However, in an international law forum such as
the Oslo and Paris Conventions, the ban cannot be imposed
on a party to the convention which chooses not to be bound
by the proposal . The Commission is continuing to look at

No C 109 / 2 EN Official Journal of the European Communities 15 . 4 . 96

the general issue of sea disposal of disused off-shore
installations .

WRITTEN QUESTION E-l 722 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission
(') OJ No C 174, 13 . 7 . 1995, p . 64 .
( 21 June 1995 )

( 96 / C 109 / 03 )

Subject : Interpretation of Directive 92 / 43 / EEC on the

WRITTEN QUESTION E-1621 / 95 conservation of natural habitats

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 12 June 1995 )

( 96 / C 109 / 02 )

Subject : Financing of Teokar Ltd under various

programmes

The Teokar Ltd car assembly undertaking in Volos has
suspended operations, thereby making hundreds more
people unemployed in the region .

Has the Commission provided funding for this undertaking
in the past, and if so, under which programmes ( IMP, First
CSF, co-financing under Greek development laws, employee
training programmes, etc )?

What level of funding has been provided ? Has this

undertaking made any commitments in respect of this
funding, and if so, what commitments ?

Supplementary answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 22 December 1995 )

Further to its answer of 22 September 1 995 ( ), according to
information obtained from the Greek authorities the Teokar

company ( car assembly ) has been financed by the
Community only in respect of a training programme under
which 164 employees were trained in 1993 ( total cost Drs
23 531 980 — European Social Fund ( ESF ) participation
Drs 17 648 985 ) and 185 in 1994 ( total cost Drs
49 324 840 — ESF participation Drs 36 993 630 ). The
Tecom company, a subsidiary of Teokar, participated in the
same programme, under which 11 of its employees were
trained in 1993 ( total cost Drs 2 441 807 — ESF
participation Drs 1 831 355 ) and 25 in 1994 ( total cost Drs
7 535 628 — ESF participation Drs 5 651 721 ).

The two companies have not made any commitments in
respect of this funding .

(') OJ No C 340, 18 . 12 . 1995, p . 4 .

Under the second paragraph of Article 6(4 ) of Directive

92 / 43 / EEC ('), projects may be carried out in sites hosting a
priority natural habitat type and / or a priority species even in
the event of a negative assessment of the project's
implications for the site .

The relevant article cites, as grounds for exempting projects,
' other imperative reasons of overriding public interest ' but
these reasons are not defined in the Directive .

The absence of a definition gives rise to differences in

interpretation of the Regulations .

1 . What criteria, if any, does the Commission use to define
the concept of ' other imperative reasons of overriding
public interest '?

2 . What determines whether authorization is granted for a

project which has a negative impact on an area protected
by Directive 92 / 43 / EEC and Directive 79 / 409 / EEC ( 2 ),
when the Union is involved financially in its
management and when it is not ?

3 . Does the Commission not feel that it should bring
forward a proposal to amend Directive 92 / 43 / EEC by
adding an annex setting out the criteria defining what
constitute ' other imperative reasons of overriding public
interest ' and if not, why not ?

0 ) OJ No L 206, 22 . 7 . 1992, p . 7 .

( 2 ) OJ No L 103, 25 . 4 . 1979, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 September 1995 )

1 . In the context of Article 6(4 ), second paragraph, it is
difficult for the Commission in abstracto to state the criteria

it would use in forming opinions as to the existence of ' other
imperative reasons of overriding public interest ', since
unique and complex circumstances will often be present in
individual cases . In general, it would observe that the

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 3

condition of Article 6(4 ), second paragraph should not be
isolated from the conditions imposed by Article 6(3 ) and
6(4 ), first paragraph . The issue of whether or not there are
imperative reasons of overriding public interest is, for
example, linked to the issue of whether or not there are
alternative solutions . Assuming that relevant conditions of
Article 6(3 ) and 6(4 ), first paragraph, are met, factors which
might come into play include the contribution the project
would make to achieving a major objective of national or
Community policy, and the range and vulnerability of the
priority natural habitat type or priority species affected .

2 . Respect for Article 6(3 ) and ( 4 ) should determine
whether or not authorization is granted .

3 . For the present, the Commission does not consider
that it should bring forward such a proposal . It considers
that the factual circumstances of individual cases will

suggest the elements on which any opinion would be
based .

WRITTEN QUESTION E-1 723 / 95

by María Sornosa Martínez ( GUE / NGL )

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 22 September 1995 )

1 . In its reply to Written Question E - 1 722 / 95 by Mr
Papayannakis ('), the Commission has commented on the
formula ' other imperative reasons of overriding public
interest ' in Article 6(4 ), second paragraph . In relation to the
formula ' imperative reasons of overriding public interest ' in
Article 6(4 ), first paragraph there is no provision for prior
Commission opinion in individual cases, the determination
being a matter for the Member States . As regards the correct
legal interpretation to be placed on the formula or parts of it,
the Commission would remind the Honourable Member

that definitive interpretation can only be provided by the
Court of Justice .

2 . For the present, the Commission does not propose to
bring forward such a proposal . It considers that there are
several mechanisms, including dialogue with the Member
States, which would allow concerns in individual cases to be
addressed .

0 ) See page 2 of this Official Journal .

to the Commission WRITTEN QUESTION E-2175 / 95

( 21 June 1995 ) by Ursula Schleicher ( PPE )

( 96 / C 109 / 04 ) to the Commission

( 28 July 1995 )

96 / C 109 / 05 )

Subject : Interpretation of Directive 92 / 43 / EEC on the

conservation of natural habitats

Subject : European water pollution control / priority for

action to control air, water and soil pollution

Under the first paragraph of Article 6(4 ) of Directive
92 / 43 / EEC i 1 ), projects may be carried out in sites hosting a
priority natural habitat despite a negative assessment of the
project's implications, for ' imperative reasons of overriding
public interest, including those of a social or economic
nature '.

The Directive does not define the terms ' overriding ' or
' overriding public interest ', thereby leaving room for
different interpretations of the regulations .

1 . What criteria, if any, does the Commission use to define

unambiguously the terms ' imperative ' and ' overriding
public interest '?

The proposal for a Directive on integrated pollution
prevention and control ( the IPPC Directive ) calls for
pollution of the air, water and soil to be prevented as far as
possible, or reduced, by adopting a global approach aimed
at achieving a high level of environmental protection as a
whole . Research by the EPA in the USA and / or its toxic
release inventory maintained by the EPA in the USA reveal
very similar priority lists of pollutants as regards pollution in
the States of the USA ; however, about 80 % of total
emissions are discharged into the air as compared with only

1 % into the aquatic environment . In the North Sea, too,
50% of substances which have a harmful effect on

foodstuffs and 25 % of micropollutants such as PCBs and
other chlorinated organic chemicals, originate in the air .

1 . Does the Commission consider that the current

2 . Does the Commission not feel that it should bring
forward a proposal to amend Directive 92 / 43 / EEC by amendments to the water Directives are sufficiently
adding an annex defining these terms, and if not, why problem-oriented, or should they be more clearly
not ? oriented to particular elements of the Community

environment such as seas, more particularly the North
Sea, the Baltic Sea and the Mediterranean, and
(') OJ No L 206, 22 . 7 . 1992, p . 7 . trans-boundary waters ?

No C 109 / 4 EN Official Journal of the European Communities 15 . 4 . 96

2 . Will the current proposals for action to control
emissions contained in the water Directives and in the

proposed IPPC Directive, be sufficient to deal with the
problem of the pollution of the aquatic environment
from the air ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

1 . The Commission considers that Community water
policy cannot be exclusively directed towards the protection
of seas and trans-boundary waters . These issues will be
amongst those addressed by the Commission in a planned
communication to the Parliament and Council dealing with
all aspects of water policy .

2 . The proposed integrated pollution prevention and
control Directive ( IPPC )( 1 ) and ecological quality of water
Directive ( 2 ) together provide an emission and quality
oriented approach to deal with the problem of pollution of
the aquatic environment from the air . Where the existing
quality standards are not met, the requirement for tighter
controls, including those on air emissions, under Article 9 of
the IPPC Directive, provides the necessary means to bring
this about .

The draft IPPC Directive aims at integrated protection of the
environment as a whole . Transfer of pollution from one
medium to another must be avoided by effective control of
pollution to all media at the same time . The use of integrated
best available technology ( BAT ) will be one of the main tools
for achieving this .

( 1 ) COM ( 93 ) 423 final — OJ No C 3 1 1, 1 7 . 1 1 . 1 993 ( amended by

COM(95 ) 88 final — OJ No C 165, 1 . 7 . 1995 ).

( 2 ) COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

WRITTEN QUESTION E-2433 / 95

by Marie-Paule Kestelijn-Sierens ( ELDR )

to the Commission

(1 September 1995 )

(9 6 / C 109 / 06 )

Subject : Conversion of customs agencies

On 1 January 1993, most customs agencies located at
internal EU borders lost their raison d'être . As a result, some
4 000 jobs were lost in Belgium alone . The employees in
these agencies could at least count on receiving redundancy
payments and, where appropriate, unemployment benefit .
Independent operators of such customs agencies faced a
more serious situation, having to cover the redundancy
payments to their employees whilst at the same time the
premises of the customs agencies became suddenly

worthless . This resulted in the bankruptcy of many customs
agencies .

I understand that pursuant to Regulation ( EEC )
No 3904 / 92 0 ) of 17 December 1992 a budgetary line of
ECU 30 million was created for the conversion of customs

agencies in the EU, approximately ECU 2 million of which
was allocated to Belgium . The customs agencies were called
on to submit their conversion projects . The European
Commission then selected some projects to be financed from
this budgetary line .

Can the Commission say :

1, whether this information is correct ?

2, whether it can provide a summary of all the conversion

projects in Belgium which were financed through this
budget line ?

3, what criteria the Commission used in the selection of the
customs agency conversion projects ?

4, whether it has adopted other measures to prepare

customs agencies for the consequences of the
elimination of internal borders and to assist their

conversion ? If so, what are they ?

(') OJ No L 394, 31 . 12 . 1992, p . 1 .

Answer given by Mr Flynn
on behalf of the Commission

(3 October 1995 )

1 . The information given by the Honourable Member in
her question is correct .

2 . Under Council Regulation ( EEC ) No 3904 / 92 of
1 7 December 1992, a total of 24 projects were part-financed
by the Community in Belgium for an overall sum of ECU
1 994 306, excluding technical assistance . In accordance
with this Regulation, two main categories of projects were
selected : first, conversion projects in the regions hardest hit
by the abolition of tax and customs formalities at
intra-Community borders and, second, measures aimed at
restructuring or developing enterprises ' activities . Examples
of the former include the measures taken in three

areas regarded as priority by the Wallonian Regional
Executive, namely the border locations of Lichtenbusch

( German-Belgian border ), Hensies and Risquons-Tout

( French-Belgian border ). The authority for the Flemish
part of the Member State ( Ministerie van Vlaamse
Gemeenschap ) accorded priority to the Brucargo area

( Halle-Vilvoorde district ), the Menen-Kortrijk-Rekkem
region and south-west Flanders ( Poperinge-Callicannes )

( French-Belgian border ) and the Antwerp-Kempen region

( Belgian-Dutch border ). As regards the individual
enterprises, the Community part-financing went primarily
to small and medium-sized enterprises ( SMEs ), as
recommended by Article 4 of the Regulation . Lastly, the
financing was divided perfectly equally between Wallonia

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 5

and Flanders, with only one project being selected for the
Brussels region .

3 . As regards border area conversion projects, the
following selection criteria were used :

( i ) did the location form part of the priority target areas
defined by the Member State ?;

( ii ) was the location heavily dependent on activities
involving customs controls and intra-Community
customs formalities prior to 31 December 1992 ?;

( iii ) socio-economic impact : number of jobs lost, liabilities
of the enterprise ;

( iv ) the area's capacity to maintain existing employment or
to create net employment ;

( v ) attestation that consultation had taken place with the
appropriate quarters .

In the case of the individual enterprises ( SMEs ), the main
criterion applied was the capacity to create as many jobs as
possible and / or to retrain the existing workforce .

4 . Two other categories of measures have been taken by
the Commission :

— measures from the European Social Fund aimed at

financing the training and re-skilling of customs agents,
as from 1 January 1993 ;

— measures under the Community initiative Interreg to

restructure the enterprises concerned, to train and
reorganize the staff of these enterprises, to convert and
redevelope goods processing areas at borders, and to
create alternative jobs .

WRITTEN QUESTION E-2511 / 95

by Amedeo Amadeo ( NI )

to the Commission

from the application of the standards for pre-existing
incineration plants .

How can such derogations be reconciled with the objective
of reducing the level of dioxin by 90 % by 2005, as laid
down in the Fifth Action Programme ?

(') OJ No L 365, 31 . 12 . 1994, p . 34 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(3 November 1995 )

In December the Council adopted Directive 94 / 67 / EC on the
incineration of hazardous waste . Article 7(2 ) of this
Directive sets a guide value of 0,1 nanogram of dioxin per
cubic metre for emissions to the air . The guide value will be
converted into a limit value of the same size and a

Europe-wide standardized measurement method will be
introduced by 1 January 1997 at the latest . For this purpose
and for adaptation to technical progress, the Commission is
setting up a committee, as foreseen in Article 16 of the
Directive .

Moreover, the Commission participates, along with
Member States and under the auspices of a pilot Member
State, in a programme which collects information on
potential industrial sources of dioxin and relevant
abatement technologies by compilation of available data .
Through this programme, gaps will be identified as well as
any further action needed to achieve the fifth action
programme's goal, namely dioxin reduction of 90 % by
2005 .

These Community actions should reduce the emissions of
dioxins and dibenzofuranes in line with the fifth

environmental action programme .

WRITTEN QUESTION E-2518 / 95
( 15 September 1995 )

by Yannos Kranidiotis ( PSE )
( 96 / C 109 / 07 )
to the Commission

( 15 September 1995 )
Subiect : Dioxin emissions 96 / C 109 / 08 )

As part of the objectives of the Fifth Action Programme on
the Environment, it is stated that limit values must be laid
down for emissions of dioxins and furans, particularly for
application to incineration plants where municipal refuse
and hazardous waste in general are burnt .

Not only have no such limits so far been adopted : Article 13
of Directive 94 / 67 / EC ( J ) even provides for derogations

Subject : Protective measures in the area of the production

and marketing of foie gras

According to a report in the French press (' Sud Ouest ' of
5 July 1 995 ), a Member State is intending to adopt measures
to protect its farmers thereby obstructing free competition
in the production and marketing of foie gras .

No C 109 / 6 EN Official Journal of the European Communities 15 . 4 . 96

To be specific, it appears from the report that the Member
State in question is seeking, on the one hand, to have the
relevant Community provisions laying down the conditions
for Community recognition of foie gras amended so that the
required weight is raised from 250 g to 300 g, and on the
other hand, Community protection only for foie gras from
male ducks .

To that end, in fact, it has provided national hatcheries with
funds to prevent the export of female ducks to third
countries .

The attempts to influence Community policy and practices
constitute arbitrary and unlawful acts prejudicial to the
other Member States which produce and export such
products .

Are the reports true and how does the Commission intend to
deal with the situation ? In particular, what steps will it take
to protect the free competition and marketing of foie
gras ?

WRITTEN QUESTION E-2679 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(4 October 1995 )

( 96 / C 109 / 09 )

Subject : Free international competition in the production

and marketing of foie gras

According to French press reports, Community rules
defining a product as foie gras are to be amended under
pressure from France . The required weight is to be raised
from 250 grammes to 300 grammes and products are to be
guaranteed as originating from male ducks, etc .

Does the Commission not agree that hasty and unwarranted
changes will destabilize business in this sector ? Will the
Commission take steps to ensure stability as well as
unimpeded and fair competition ? If so, how will it achieve
this ?

Following a favourable opinion by the management
committee on eggs and poultry meat in September, the
Commission adopted Regulation ( EC ) No 2390 / 95 ( 1 ).

On the question of limiting the production of foie gras to
drakes, the Commission would inform the Honourable
Members that a working party of Member State and
Commission experts will shortly look into this and other
criteria relating to the quality of the product .

(') OJ No L 244, 12 . 10 . 1995 .

WRITTEN QUESTION E-2534 / 95

by José Valverde Lopez ( PPE )

to the Commission

( 20 September 1995 )

( 96 / C 109 / 10 )

Subject : Transposition into Spanish law of the Directive on

classification, packaging and labelling of
dangerous substances

Is it true that the Spanish Government has failed to
transpose into Spanish law Directive 92 / 37 / EEC ( 1 ) on the
classification, packaging and labelling of dangerous
substances ?

(!) OJ No L 154, 5 . 6 . 1992, p . 30 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 13 November 1995 )

Directive 92 / 37 / EEC has been transposed into Spanish law,
and the relevant texts forwarded to the Commission .

WRITTEN QUESTION E-2606 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

Joint answer to Written Questions

E-2518 / 95 and E-2679 / 95 ( 27 September 1995 )

E-2518 / 95 and E-2679 / 95

given by Mr Fischler
on behalf of the Commission

(8 November 1995 )

Since July, the Commission, together with the Member
States, has been looking at whether the net minimum weight
for duck foie gras could be raised from 250 g to 300 g to
ensure satisfactory higher quality .

( 96 / C 109 / 11 )

Subject : Structural investment in Cantabria

What investment has been earmarked under the Structural

Funds for the co-financing of projects in the Cabârceno
National Park in the Autonomous Community of Cantabria

( Spain )?

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 7

Have the conditions laid down in the regulations on the
Structural Funds been complied with in the above
investments ?

Supplementary answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 16 January 1996 )

Further to its answer of 19 October 1995 ( l ), the
Commission is now able to supply the following
information . The European Regional Development Fund
( ERDF ) has co-financed a project for the Cabârceno
National Park which forms part of the Cantabria
operational programme — Objective 2 ( 1992 / 93 ). ERDF
funding amounts to ECU 4,59 million, at current prices

( co-financing rate = 50% ).

In keeping with Structural Fund rules, the Commission's
decision and the text of the operational programme require
Community policies and rules on information and publicity
to be observed . At present, the Commission has no
information regarding any failure to abide by those
conditions, nor has it received any official complaint .

In 1993 twenty Commission units and 221 staff were
engaged in this kind of work . In 1995 there were still twenty
units, but the staffing had risen to more than 243 .

Moreover, questions of health, safety and hygiene arise in
connection with technical harmonization in relation to

products on which a large number of Commission officials
work . For reasons of transparency and certainty as to the
law, the legislative drafting technique concentrating on the
object rather than the objective commonly puts the
emphasis on product quality ; proposals are based, as
required by Article 100a(3 ) of the EC Treaty, on a high level
of protection for health, safety, the environment and the

consumer .

(') OJ No C 40, 12 . 2 . 1996, p . 43 .

WRITTEN QUESTION E-2644 / 95

by Marianne Thyssen ( PPE )

to the Commission

(') OJ No C 311, 22 . 11 . 1995, p . 58 . (2 October 1995 )

( 96 / C 109 / 13 )

Subject : Anti-dumping duties procedure
WRITTEN QUESTION E-2634 / 95

by Stephen Hughes ( PSE )

to the Commission

(2 October 1995 )

( 96 / C 109 / 12 )

Subject : Resources devoted to work in the field of health,

safety and hygiene

How many units within the Commission and how many
personnel within those units were engaged in work in the
health and safety and hygiene field in January 1995 as
compared to January 1993 ?

Supplementary answer given by Liikanen
on behalf of the Commission

( 19 January 1996 )

Further to its answer of 8 December 1995 ( ), the
Commission would inform the Honourable Member that it

has been carrying out work in the health and safety field for
many years now . Several departments are involved and the
number of staff concerned has been increasing over the

years .

Directorate-General V ( Employment, Industrial Relations
and Social Affairs ) plays a key role in this field, more
especially through Directorate V. F ( Public Health and
Safety at Work ).

In 1993 and 1994, anti-dumping duties were introduced
on imports of floppy disks, first from Japan, Taiwan
and China, and then from Hong Kong and Korea

( Council Regulations ( EEC ) No 2861 / 93 ( ] ) and ( EEC )
No 2199 / 94 ( 2 ) respectively ).

To improve implementation of these restrictions, measures
have recently been taken which speed up the procedure and
make it more reliant than ever on import statistics .

The procedure's effectiveness therefore depends to a large
extent on the quality and completeness of European import
statistics and on the speed with which they can be accessed,
all of which unfortunately leave much to be desired .

What and when will the Commission do something to
remedy this problem ?

Does it also intend to take steps to :

1, achieve uniformity as regards the decisions taken by
different customs officers when applying Community
legislation ?

2, encourage the imposition of appropriate penalties if
customs legislation is not complied with ?

f 1 ) OJ No L 262, 21 . 10 . 1993, p . 4 .

( 2 ) OJ No L 236, 10 . 9 . 1994, p . 2 .

No C 109 / 8 EN Official Journal of the European Communities 15 . 4 . 96

Answer given by Mr de Silguy

WRITTEN QUESTION E-2650 / 95

on behalf of the Commission

by James Provan ( PPE )
(5 December 1995 ) to the Commission

(2 October 199 S )

( 96 / C 109 / 14 )

Statistics on trade in goods with non-member countries have
been compiled using information taken from customs
declarations according to a harmonized methodology at
Community level since 1975 .

Import statistics give a monthly account of all the goods put
into free circulation directly or after warehouse storage and
those subject to inward processing arrangements . However,
Member States are able to exclude the collection of data on

low value operations ( less than ECU 800 ).

Although improvements to the current system are still
possible ( particularly as regards the tightening up of
statistical checks and special measures for certain products
or specific movements ), the Commission believes the results
obtained allow exhaustive coverage of trade and its detailed
analysis and are of satisfactory quality . Nevertheless, this
quality depends to a large extent on the care with which the
customs declarations are made by the operators and
checked by the customs authorities .

As regards the availability of data, the entry into force in

1993 of the Intrastat system ( statistics on trade between the
Member States ) led, in most Member States, to difficulties as
regards resources and administrative organization, which
lengthened the transmission periods for statistics on both
intra and extra-Community trade . The situation has
improved significantly and import statistics are available up
to June 1995 for nine Member States and up to July for
seven of them . Nevertheless, problems subsist, in particular
in the new Member States and Belgium, because of the
transfer of responsibility for compiling external trade
statistics to the National Bank .

As regards anti-dumping measures in particular, it should
also be pointed out that under the terms of a provision
recently introduced in the Community's anti-dumping rules
( Council Regulation ( EC ) No 3283 / 94, Article 14 ( 6 ))(*),
Member States now have to report to the Commission on a
monthly basis on the import trade in products subject to
such measures or investigation . The Commission has
established close contact with the administrations of the

Member States to determine the methods for collecting and
transmitting this information . This system, which will begin
to function in practice in November 1995, bears witness to
the Community's desire to monitor the application of
anti-dumping measures more closely, to enable it in
particular to take swift action against any attempt to evade
these measures .

Subject : Sewage disposai in Belgium

Southern Water Pic has stated, that ' in Belgium untreated
sewage goes straight to the canal from the EU Headquarters
in Brussels '.

Will the Commission state from which building this
happens ? Are there many Commission, Parliament or
Council buildings from which this happens .

Is it general practice in Belgium that sewage be discharged
into canals, especially in cities ?

What action does the Commission propose to overcome the
difficulties arising from this statement ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(9 November 1995 )

The Brussels buildings of the Commission, Parliament and

Council do not discharge untreated sewage ' straight into the
canal ', but are connected to the Brussels urban sewerage
system . However, the Brussels sewerage system at present
discharges without treatment into the river Senne .

Following a proposal by the Commission, the Council in
1991 adopted the urban waste water treatment Directive
91 / 271 / EEC ( a ). This sets treatment objectives and deadlines

( 31 December 1998, 31 December 2000 and 31 December
2005, depending on the size of the agglomeration and the
receiving water body ). The treatment objectives and
deadlines are applicable to the Brussels sewerage system

( deadline : 31 December 1998 ).

(') OJ No L 135, 30 . 5 . 1991 .

WRITTEN QUESTION E-2704 / 95

by María Aramburu del Río ( GUE / NGL )

to the Commission

(6 October 1995 )

( 96 / C 109 / 15 )

(') OJ No L 349, 31 . 12 . 1994 . Subject : Reconversion of shipyards in Spain

In June 1995, the State-owned company Astilleros
Espanoles submitted the third reconversion plan for the

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 9

naval sector, the Strategic Competitiveness Plan . The
proposal basically consists of cutting 5 200 jobs, closing the
shipyards in Cadiz and Seville, and privatizing the Juliana

( Gijon ), Barreras ( Vigo ) and Astander ( Cantabria ) yards . In
addition, for the rest of the workforce the company
proposes derogation from current agreements in all its
yards . The Ministry of Industry backs this readjustment
plan, arguing that it is a prerequisite for the European
Commission to authorize the Community aid required to
pursue the reconversion of the company .

This proposal has been rejected by the company's workforce
and by wide sectors of Spanish public opinion . In Andalusia,
where the impact of the plan would be most strongly felt,
thousands of workers and ordinary citizens have held
demonstrations, with the support of the trade unions,
Andalusian political parties, city councils and even the
Andalusian Parliament, which has adopted a resolution
rejecting the reconversion plan .

Implementation of the plan would entail the loss of one in
every two jobs in the company in a decade when the
shipbuilding industry has already lost 27 000 jobs, the
workforce having been reduced from 37 000 to 10 000, and
has seen a cut in capacity of 60% . In Andalusia, a region
already hit by the crisis in the agricultural and fisheries
sectors, and which at 34 % of the active population has the
highest unemployment rate in the EU, the drastic
adjustment proposed would exacerbate the social situation
and would be a major handicap to regional development .

In view of this urgent situation, what representations does
the Commission intend to make to the Spanish authorities in
order to enable negotiations to take place with the social
partners, whilst encouraging technological modernization
and the relaunching of the Renaval programme to create
new jobs in other sectors, thus offering economic
alternatives to the affected regions, notably Andalusia ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(1 October 1995 )

The Renaval programme came to an end in 1 993 and cannot
therefore be used today as a source of funding .

However, the Spanish authorities could, together with the
Commission and in the partnership context, envisage
re-allocating any funds that might not have been used or
have not yet been allocated as part of operational
programmes planned for Spain . Where funds are available,
and upon a request by the national authorities, these could
be earmarked — on the strength of a documented
assessment of the situation — for the creation of jobs and
alternative activities in those areas of Andalusia particularly
hard hit by the restructuring of the shipyards concerned .

The Commission would remind the Honourable Member

that under the Community support framework for
1994 — 1999, structural aid for Andalusia is estimated at
ECU 6 870 million .

WRITTEN QUESTION E-2778 / 95

by Jean-Claude Pasty ( UPE )

to the Commission

( 12 October 1995 )

( 96 / C 109 / 16 )

Subject : The aim of the European Union's industrial and

research policy and the role of centres of excellence
within the framework of the Biomed 2 programme

( Fourth FPRD )

Amongst the five specific programmes in the Fourth FPRD

( 1994 — 1998 ) which are able to finance projects relating to
medical technology, Biomed 2, with a budget of ECU 336
million, aims at improving the health of its citizens and the
competitiveness of European industry in this sector . The
strengthening of this industry obviously entails the
strengthening of the centres of excellence that already exist
in certain areas of the European Union - notably Belgium,
France and the United Kingdom — some of whose projects
have been accepted under the Eureka programme .

Given the scale of resources to be implemented, in order that
in the long-term the European Union can safeguard and
develop its research and industrial capacities in the field of
bio-organs, in order that it will not become the victim, here
as elsewhere, of relocations and in order for it to be able to
take its rightful place in the world, can the Commission
confirm that it intends to take fully into account, in its policy
on the promotion of research and European industry, the
centres of excellence already in place and this in particular in
the area of implantable bio-organs ?

Can the Commission tell us what specific measures it
intends proposing, in order to achieve in the medium-term, a
strengthening of these centres of excellence given that the
latter require suitable financial backing ?

Finally, can the Commission inform us as to what the
existing measures are or what it intends to propose, to
promote European undertakings — of which there are still
too few — which produce or aim to supply products relating
to the Biomed 2 programme and in particular those covered
by sector 2, (' research on biomedical technology and

No C 109 / 10 EN Official Journal of the European Communities 15 . 4 . 96

engineering ') and sector 4, (' research on diseases with major
socio-economic impact from basic research into clinical
practice ')?

Answer given by Mrs Cresson

on behalf of the Commission

( 19 December 1995 )

Research into biomaterials is an integral part of the work
programmes for the Community biomedicine and health
research programmes ( Biomed 1 and 2 ). Four research
projects selected on the basis of their scientific merits and
involving over 130 European teams have been launched
under Biomed 1 . Six new projects whose scientific excellence
has also been confirmed by European experts will be set up
under Biomed 2 . These projects concern bone implants, and
the use of biomaterials for the in vivo monitoring of
glycaemia in diabetics and the development of cardiac
assistance and vascular implants .

To encourage the involvement of industry, and in particular
small and medium-sized enterprises ( SMEs ) in Biomed 2,
new arrangements have been introduced : firstly,
exploratory awards to fund the exploratory phase in order
to help cover the costs of preparing a complete proposal and
finding partners ; secondly, cooperative research projects
enabling SMEs without research facilities to combine forces
in order to have research carried out by another legal
entity .

Demonstration projects will also be carried out under
Biomed 2 in order to establish the technical feasibility and
economic benefit of new technologies on an industrial scale .
Industry, and in particular SMEs, will be prime candidates
for such projects .

WRITTEN QUESTION E-2802 / 95

by Hiltrud Breyer ( V )

to the Commission

( 16 October 1995 )

96 / C 109 / 17

Subject : Household use of synthetic pyrethroids

1 . Is the Commission aware that synthetic pyrethroids
are powerful neurotoxins whose toxicity extends to
warm-blooded animals and thus to humans, and that they
become almost irreversibly attached to the nerve cells if they
bypass the gastro-intestinal tract and enter the body directly
( through wounds, the mucus membranes and the
respiratory tract )?

2 . Is the Commission aware that synthetic pyrethroids,
contrary to the claims made by industry, remain present for
many years in conditions where they are sheltered from air
and light, such as those to be found in upholstery and
confined seating areas, from where they enter the
atmosphere in combination with dust ?

3 . Is the Commission aware that hundreds of cases of

serious, irreversible neurological damage can be traced back
with certainty to pyrethroids ?

4 . When will the Commission issue a total ban on the use

of synthetic pyrethroids to ensure that, at least in the
household and areas such as public buildings, restaurants
and firms handling foodstuffs, the atmosphere is no longer
polluted by this substance ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 December 199 5 )

Products containing synthetic pyrethroids used in
households are included in the product types termed
biocidal products and there is a proposed Directive to
cover the placing on the market of all biocidal products .
The Commission's proposal of 1993 (*) and modified
proposal ( 2 ) of July 1995 await the opinion of Parliament .
After this Directive has been adopted all active substances
used in biocidal products, including the synthetic
pyrethroids, will be reviewed over a ten-year period and a
Community decision will be made as to their future

usage .

Until such time as the biocides Directive is in place ( the
earliest anticipated implementation date is 1998 ) existing
national rules in Member States apply .

The Commission is not aware of any specific properties
which these substances possess which would necessitate any
special action ( such as the proposal for a total ban on their
use in households and public buildings ) at the present .
Indeed, only five synthetic pyrethroids have been classified
as harmful under Directive 67 / 548 / EEC dealing with the
approximation of laws, regulations and administrative
provisions relating to the classification, packaging and
labelling of dangerous substances ( 3 ). These substances
are allethrin, permethrin, resmethrin, bioallethrin and
s-bioallethrin . The remaining synthetic pyrethroids

( approximately ten ) have not yet been classified but will be
examined in due course .

The hazards associated with synthetic pyrethroids, together
with an assessment of their risks when used as plant
protection products, will also be evaluated under the review
programme set up under Directive 91 / 414 / EEC ( 4 ) which is
concerned with the placing on the market of plant
protection products . This review programme, which
involves the submission by industry of an extensive data
package and a full risk assessment, has been agreed at

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 11

Community level and the first 90 substances to be reviewed
have been allocated to Member States . Work started in April

1 995 with the first results expected in 1997 . Six synthetic
pyrethroids are included in this first list and since one of
them, cyhalothrin, has not been supported by the industry
its use will be discontinued . The remaining five synthetic
pyrethroids are lambda-cyhalothrin, cypermethrin, alpha ­
cypermethrin, deltamethrin and permethrin . Work on the
second list of substances to be reviewed has already started
and more synthetic pyrethroids will be included in this .
Ultimately all of the synthetic pyrethroids used in plant
protection products will be reviewed .

In summary, in view of all of this ongoing work, on
chemicals in general and pesticides in particular and in the
absence of any real data to support it, it would be
inappropriate for the Commission to take any specific
action on synthetic pyrethroids at the present time .

(>) COM(93 ) 351 final .

( 2 ) COM(95 ) 387 final .

( 3 ) OJ No 196, 16 . 8 . 1967 .

( 4 ) OJ No L 230, 19 . 8 . 1991 .

WRITTEN QUESTION E-2838 / 95

by Karl Schweitzer ( NI )

to the Commission

( 18 October 1995 )

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

The Commission is well aware of its role with regard to the
review of the relevant Community environmental legislation
before 31 December 1998, as laid down in the Accession Act
and has already undertaken a survey of the work
involved .

In part, the modifications to be introduced in the Directives
in the ' review clause ' of the Accession Act are covered by
working groups responsible for the adaptation to technical
progress of these Directives . The amendments being
discussed at this level can be subsequently adopted by
the Commission with the assistance of committee

procedures .

In addition, for some other issues included in the ' review
clause ' the obligation to put forward new proposals to the
Council is already enshrined in existing Directives . In this
process, the Commission will be attaching the greatest
importance to the promotion of a high level of health, safety
and environmental protection .

WRITTEN QUESTION E-2849 / 95

by Philippe De Coene ( PSE )

to the Commission

( 18 October 1995 )

( 96 / C 109 / 18 ( 96 / C 109 / 19 )

Subject : Monitoring of environment standards

In reply to Written Question E-874 / 95 (*), the Commission
indicates that, after the transitional period provided for in
the Acts of Accession of the new Member States which

joined the Union on 1 January 1995, authorizing them to
continue to apply their higher environmental standards,
Community instruments will apply equally to all Member
States . In the agreement on the ' horizontal solution ', the
Community undertook to introduce a monitoring
procedure with a view to bringing Community law into line
with the higher standards of the new Member States .

What measures have been taken or are being prepared in
connection with the ' horizontal solution ' to investigate the
differences between the environmental standards set out in

the instruments adopted by the Community institutions
and those of the new Member States which joined Union
on 1 January 1995 and to raise the Community's
environmental standards for high levels of health, safety and
environmental protection to those of the new Member
States ?

Subject : Directive on discharges of organotin and
organophosphorus substances into the aquatic
environment and pollution from the paper-pulp
industry

In its answer of 3 June 1992 to Written Question 1491 / 91
by Mrs Van Hemeldonck (*), the Commission indicated that
it was drawing up proposals for Directives concerning
discharges of organotin and organophosphorus substances
into the aquatic environment and pollution from the
paper-pulp industry . Why is it that, three years later, the
proposals have still not yet been submitted to the
Council ?

f 1 ) OJ No C 242, 21 . 9 . 1992, p . 4 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

The Commission decided not to continue with its

States ?

preparation of Directives for the control of discharges of
organotin and organophosphorus substances and pollution
(M OJ No C 222, 28 . 8 . 1995, p . 20 . from the paper-pulp industry . Instead, it has adopted a new

No C 109 / 12 EN Official Journal of the European Communities 15 . 4 . 96

approach to pollution control in the proposed Directive on
integrated pollution prevention and control ( IPPC )( 1 ).
Chemical industries producing organophosphorus or
organotin compounds, industries producing pulp from
timber and other fibrous material and industries producing
paper and board with a production capacity exceeding 20
tonnes per day will come under the control regime laid down
in this Directive . In order to prevent or, where that is not
possible, minimise in an integrated manner, emissions to all
environmental compartments, such industries will be
required to apply best available techniques ( BAT ).

Furthermore, in order to ensure a coherent approach to
industrial pollution control, the Commission has decided
it will seek a modification of Directive 76 / 464 / EEC

on pollution caused by certain dangerous substances
discharged into the aquatic environment of the
Community ( 2 ). It is the intention to extend the scope of this
Directive to the control of dangerous substances discharged
from industries falling outside the scope of the IPPC
Directive . Thus industries producing paper and board with
a production capacity of less than 20 tonnes per day will
come under the controls of the modified Directive .

Answer given by Mr Bangemann

on behalf of the Commission

(1 December 1995 )

The quality of service of GSM ( global system for mobile
communications ) is influenced by several aspects of which
network topology and the availability of adequate radio
frequency spectrum are the most important .

In many places in Europe, GSM networks are still in a
deployment phase with widening geographical coverage and
condensing cell structures to keep pace with the fast growth
of the traffic . This deployment is driven by commercial
investment decisions of mobile operators to improve quality
of service to their customers .

In Italy the frequency bands required by Council Directive

87 / 372 / EEC (') of 25 June 1987 on the frequency bands
to be reserved for the coordinated introduction of

public pan-European cellular digital land-based mobile
communications have not been made fully available .

The Commission will continue to monitor the situation in

Until such time as these new Directives come into force these
industries remain subject to the control procedures Italy in order to determine whether the quality of service
presently established in Directive 76 / 464 / EEC . becomes unacceptable from the point of view of the users,

and to assess whether this situation constitutes a failure to

meet the obligation in the Directive .
(!) COM(93 ) 423 final — OJ No C 311, 17 . 11 . 1993 .

( 2 ) OJ No L 129, 18 . 5 . 1976 .

WRITTEN QUESTION E-2864 / 95

0 ) OJ No L 196, 17 . 7 . 1987 .

WRITTEN QUESTION E-2870 / 95

by Cristiana Muscardini ( NI )

by Peter Crampton ( PSE )

to the Commission

( 21 October 1995 )

to the Commission

( 21 October 1995 )

( 96 / C 109 / 20 ) ( 96 / C 109 / 21 )

Subject : GSM mobile telephones

The Italian Government, which is encouraging Italians to
buy GSM telephones, is not allocating the frequencies, to the
considerable detriment of users who find themselves with

telephones that function outside of Italian territory

( reception is perfect within 15 km of the Gotthard Pass for
instance ) but unable to communicate with Piacenza or
Genoa — to give some random examples of areas of Italy in
which it is impossible to use GSMs . Even in areas whose
communication is theoretically possible the repeaters or at
all events some components of the transmitting system are
not powerful enough to render communication possible .

Does the Commission not consider this state of affairs to be

in conflict with Community rules ? What will it do to protect
Union citizens who happen to use GSM personal telephones
in Italy ?

Subject : Hunting of migratory birds in Italy

Is the Commission happy that Italy is not applying the rules
of the EC Wild Birds Directive fully, in that swallows and
swifts on their way from north European Member States
southwards and on the return journey are still shot at for
sport ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 November 1995 )

Directive 79 / 409 / EEC on the conservation of wild birds ( )
was implemented in Italy by means of a Parliament law ( L.

11 February 1992, No 157 ).

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 13

Since then, the Commission has ascertained the existence of
some irregularities as to the conformity of the national
measure and the implementation in practice of the Directive .
Infringement proceedings are now under way .

As for the shooting of swallows and swifts on their way to
and from north European Member States, these two species
are protected by Directive 79 / 409 / EEC and therefore should
not be shot . Nevertheless, any approach by the Commission
to the Italian authorities requires to be supported by
accurate information concerning inter alia the time and
place of the shooting .

delivered opinions which endorse and reinforce the
implementation of measures of this type .

However, in the current market situation and climatic
conditions, wine surpluses for the time being have ceased to
exist and it therefore seems unlikely that a Council Decision
will be adopted in the near future .

The Commission is convinced, however, that under normal
circumstances surpluses could recur and that a research and
consumer information programme would be useful in that
eventuality .

The Commission would therefore be grateful if the It is therefore continuing to consider the content of such a
Honourable Member could give more details . programme so that it may be introduced as soon as the

Council furnishes the necessary legal basis .

(') OJ No L 103, 25 . 4 . 1979 .

(>) COM(94 ) 117 final — OJ No C 190, 16 . 7 . 1994 .

WRITTEN QUESTION E-2901 / 95
by Carles    - Alfred Gasôliba i Bohm ( ELDR ) WRITTEN QUESTION E-2909 / 95

by Manuela Frutos Gama ( PSE )
to the Commission

to the Commission

( 26 October 1995 )

( 26 October 1995 )
96 / C 109 / 22

( 96 / C 109 / 23

Subject : Promoting moderate wine consumption

The delay in adopting the Commission's proposal to the

Council on reforming the common organization of the
market in wine is seriously jeopardizing the sector, in
particular the schemes aimed at promoting scientific
research into the effects of moderate wine consumption
which, by their scientific nature, require a long period of
study and time to come to fruition .

As far as these scientific schemes contained in the proposal
are concerned, what urgent steps does the Commission
intend to take to make progress in this sphere, which is of
special importance to the wine sector ?

Subject : Appointment of heads of unit : equal
opportunities

In 1991, 1992, 1993 and 1994 :

How many posts of head of unit were filled ?

How many women candidates were there for each post in
proportion to the male candidates ?

How many women were appointed to the posts in
question ?

Answer given by Mr Liikanen

on behalf of the Commission
Answer given by Mr Fischler
on behalf of the Commission ( 12 December 1995 )

(6 December 1995 )

The Commission is aware of the questions at stake and the
effects on the wine sector of research and information on the

human impact of moderate wine consumption .

Accordingly, in its proposal for a Council Regulation on
reform of the common organization of the market in the
wine sector, presented on 13 June 1994 ( ! ), it proposed a
solid legal basis for the implementation of such measures
and other similar measures both within and outside

the Community . Parliament, the Economic and Social
Committee and the Committee of the Regions have

In 1991, 1992, 1993 and 1994, the number of appointments
to Unit Head posts was as follows :

— 1991, 100 posts,

— 1992, 86 posts,

— 1993, 79 posts,

— 1994 94 posts .

In 1991, women accounted for 10% of applications and

16% of appointments ( 16 posts ), in 1992 for 5% of

No C 109 / 14 | EN | Official Journal of the European Communities 15 . 4 . 96

applications and 12 % of appointments ( 10 posts ), in 1993
for 10% of applications and 9% of appointments ( seven
posts ) and in 1994 for 10% of applications and 1 3 % of
appointments ( 12 posts ). Tables setting out for each year
and each post the number of women who applied compared
with the number of men and the number of women

appointed will be sent directly to the Honourable Member
and to Parliament's Secretariat .

WRITTEN QUESTION E-2954 / 95

by Martina Gredler ( ELDR )

to the Commission

The question of the labelling of food which contains gluten
is also raised in relation to the current amendment of

Directive 79 / 1 12 / EEC . In the coming weeks the Council will
have to decide on Parliament's amendment, adopted at
second reading, requiring that the vegetable origin of
starches and modified starches be indicated where they
contain gluten .

The Commission has no plans to allocate appropriations for
a specific information campaign regarding products which
contain gluten .

WRITTEN QUESTION E-2967 / 95
(9 November 1995 )

by Luciano Vecchi ( PSE )
( 96 / C 109 / 24 )
to the Commission

(9 November 1995 )

Subject : Labelling of gluten in foodstuffs for the benefit of

sufferers from coeliac disease ( 96 / C 109 / 25 )

sufferers from coeliac disease

The existing Directive 79 / 1 12 / EEC (') is inadequate to
protect consumers with gluten intolerance .

For those suffering from coeliac disease it is a matter of life
and death to be able to identify foods containing gluten .

Does the Commission intend to propose a Directive in the
near future to permit gluten-free foodstuffs to be
distinguished from those containing gluten ?

Within what time-frame will the Commission take measures

towards a Directive permitting the identification of
foodstuffs which do and do not contain gluten ?

Does the Commission intend to enter a budget heading in
the 1 997 budget to promote the provision of information on
foodstuffs containing gluten ?

(>) OJ No L 33, 8 . 2 . 1979, p . 1 .

Subject : Action taken on Parliament's February 1994

resolution on the use of bioclimatic construction

technology for residential buildings and work
premises

In February 1994 Parliament adopted a resolution on the
use of bioclimatic construction technology for residential
buildings and work premises ( A3-54 / 94 ) ( J ).

What action has the Commission taken on this

resolution ?

What Community resources could today be employed to

support projects and ventures in the sector concerned ?

(') OJ No C 61, 28 . 2 . 1994, p . 227 .

Answer given by Mrs Cresson

on behalf of the Commission

Answer given by Mr Bangemann 22 1996

on behalf of the Commission

( 22 January 1996 )

( 22 December 1995 )
The Commission agrees with the main ideas given in the
resolution on the use of bioclimatic construction technology

The Commission is aware of the problems which incomplete for residential buildings and work premises . It especially
labelling can cause to persons allergic to or with an feels that bioclimatic architecture is highly suitable for new
intolerance of certain foods or food components, especially buildings but that it would be relatively difficult to
persons suffering from coeliac disease . introduce it into existing ones .

The problem has recently been discussed internationally
within the Codex Alimentarius, and these discussions are
due to continue at the meeting of the ' labelling ' committee
scheduled for May 1996 .

The debate is also under way at Community level . At the

Commission's request, the Scientific Committee for Food

( SCF ) has drafted a report on the level of scientific
knowledge in this field . This will soon be discussed with the
Member States and any necessary changes to Directive
79 / 1 12 / EEC determined .

Given the benefits of bioclimatic architecture, schemes for
pilot projects have been launched under a number of
different programmes, subject to budgetary constraints .
Under the ERDF, the Commission has launched the Urban
programme, one aim of which is to reduce energy
consumption in towns and cities by using alternative forms
of energy or renewable energy sources . The Joule-Thermie
programme includes ongoing efforts aimed at the
development of pilot buildings . The energy aspects of
bioclimatic architecture are covered in the Save and Altener

programmes .

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 15

The Solar House projects in the Joule programme have given
impetus to the rational use of all forms of solar energy
through an architectural competition ( Zephyr, ' Working in
the city ') in which more than a thousand architecture
students and professional architects have taken part, thus
providing a significant educational impact . The Solinfo and
Innobuild projects have also helped to disseminate
information about bioclimatic architecture .

The campaign on sustainable cities is also intended to
facilitate the dissemination of innovative information in all

areas of and on all subjects related to urban development,
including bioclimatic dwellings . Towns and cities can
therefore obtain details about ongoing schemes through this
campaign and share their own experience with others . The
campaign is being supported by the Commission .

The Commission is doing all it can to coordinate activities
which might help to achieve technological objectives that
will be of benefit to industry and society as a whole and
which have the support of the scientific and industrial
groups concerned . The Eco Building of the Future, which
would extend and expand the activities already carried out
in the field of bioclimatic architecture, may be one of the
subjects covered .

WRITTEN QUESTION E-2994 / 95

by Glyn Ford ( PSE )

water treatment, an adequate transition period was
proposed by the Commission and adopted by Council .

On the one hand phasing-out the dumping of sewage sludge
will have some negative impact on employment of merchant
seamen, unless other uses are found for the ships in question .
On the other hand employment will simultaneously be
created in other sectors of the same region, as the need to
dispose of sewage sludge will not disappear . On the
contrary, as a result of increased sewage treatment, there
will be an increase in sludge . Consequently, it is expected
that there will be a net creation of employment in the sector
of sludge handling and disposal .

In this context, the Commission considers the transition
period of 7,5 years in the Directive long enough to allow an
adaptation process to take place .

Although the issue of redundancy payments generally is not
a Community competence, the Structural Funds co-finance
a range of retraining measures aimed at improving the
competitiveness of enterprises and the job prospects of their
employees . The measures are delivered through regional
development programmes .

WRITTEN QUESTION E-3004 / 95

by Antonio Trizza ( NI ) and Salvatore Tatarella ( NI )

to the Commission
to the Commission

( 13 November 199 5 ) ( 13 November 1995 )

( 96 / C 109 / 26 ) ( 96 / C 109 / 27

Subject : Dumping of sewage sludge at sea

Under Directive 91 / 271 / EEC ( l ) concerning the treatment of
waste water, the recommendation that all disposal of
treated sewage sludge at sea must stop by 1998 will
inevitably threaten firms whose operation is based upon this
practice .

What measures are to be made to allow firms to ' convert '

their operation to avoid the loss of jobs ?

(•) OJ No L 135, 30 . 5 . 1991, p . 40 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

Council Directive 91 / 271 / EEC has as one of its objectives
the phasing-out of pollution from the dumping or
discharging of sewage sludge to surface waters . The
importance of this objective is underlined in the seventh
recital . In order to allow for adaptation to other,
environment-friendly, disposal routes for sludge from waste

Subject : Fraud involving oil-seed plantations

In Italy, in particular in the Salento region, there has been a
sudden increase in land under oleaginous plants such as
sunflowers .

In low-yield areas where this type of crop is grown ( southern
Apulia, for example ), the EEC makes provision for
deficiency payments, but these are granted solely in respect
of plantations and calculated according to their size,
without regard to crop density or product quality .

Instead of constituting an incentive to production, the
payments thus encourage growers to engage in pure
speculation, and some consequently do not bother to
harvest their crops .

Such practices adversely affect the Italian economy and the
country's image and are serving to entrench a harmful
reliance on hand-outs .

Will the Commission therefore launch the necessary
investigations with a view to ascertaining that, once
payments have been granted, the plantations concerned are

No C 109 / 16 EN Official Journal of the European Communities 15 . 4 . 96

managed in accordance with productivity criteria, thereby
making it possible to identify any wrong-doing and assess
the damage ?

Answer given by Mr Fischler
on behalf of the Commission

(9 january 1996 )

The old guaranteed-price system of support for arable crops
is being phased out for cereals and has already been replaced
for oilseeds by a system of aids per hectare . To ensure that
these aids are not treated as support for production they are
decoupled from any obligation to harvest, though to qualify
for the aid the crop has to be well enough on for its existence
to be verified . For this purpose, the flowering stage was
chosen .

In fact, however, detailed rules have been laid down which
govern application of the compensatory aid system to
growers of oilseeds, and compensatory payments can be
made only in respect of planted areas in regions attested by
the Member States to be climatically and agriculturally
suitable, where the crop is grown in keeping with recognized
local farming practice . Crops must be properly managed
until 30 June or until flowering, whichever is later . These
rules should help Member States guard against the sort of
practice of which the Honourable Members complain .

WRITTEN QUESTION P-3025 / 95

by Agnes Schierhuber ( PPE )

to the Commission

(1 November 1995 )

96 / C 109 / 28 )

Subject : Financing of the EU's policy for mountain areas

and other less-favoured areas

With the recent accession of Austria and Sweden in
particular, mountain areas now make up a large part of the
EU's territory . These areas are difficult to populate and are
environmentally fragile . Human activity there is severely
restricted by the following factors : wintry climate of parts of
the Alpine region, summer drought in the Mediterranean
mountain country, slope of the land and other
morphological and pedological handicaps . In these areas
production costs are often considerably higher than normal .
20 years ago the EC demonstrated its particular concern for
various activities in the mountain areas by adopting

Directive 75 / 268 / EEC (*) on ' mountain and hill farming and
farming in certain less-favoured areas '.

Nevertheless, the situation in the mountain areas remains
critical, and several Member States, including Austria and
Italy, have filed memoranda calling for new measures to
boost the EU's mountain areas policy . Moreover, a
European Charter has been drawn up and submitted to the
Council of Europe . At a time when the debate on the future
of the EU's mountain areas policy has resumed centre stage,
the Commission must give Parliament the answers to the
following questions :

1 . What is the level of EU finance for the mountain areas

and other less-favoured areas, proper, of the various
Member States ?

2 . How is this finance broken down between the major
sectors : agriculture and rural development, tourism and
the environment ?

3 . How is this finance broken down according to type of

activity ( studies, investment )?

(') OJ No L 128, 19 . 5 . 1975, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 20 December 1995

For over 20 years now, and with the full agreement of all the
Member States, the Community has been pursuing an active
policy in support of farming in mountain and less-favoured
areas . In the Community of 15 there are 78 million hectares
of less-favoured farmland, just over 27 million of which are
in mountains .

Because production costs there are higher and productivity
lower, farmers may be given various specific forms of

support, e.g .:

( a ) an annual compensatory allowance per animal or
hectare to make up for natural disadvantages ;

( b ) aid towards joint investments, including the
improvement of ordinary and mountain pastureland ;

( c ) additional aid towards individual investment in
modernization ;

( d ) under the appropriate common organizations of the

market, quotas or additional premiums specifically for
less-favoured areas ( for instance for milk, suckler cows
and ewes );

( e ) under the common organization of the market in sheep ­
and goatmeat, an extra premium specifically for
less-favoured areas ( known as the ' rural ' premium );

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 17

( f ) these may be combined with the aid for using
environmentally friendly agricultural methods
described in Regulation ( EEC ) No 2078 / 92 (*);

( g ) they may also be combined with the premium for
extensive stock rearing available through the common
organization of the market in beef and veal ;

( h ) through rural development programmes which are in

A number of tables illustrating the main structural measures
for agriculture, broken down by the type of area concerned,
has been sent direct to the Honourable Member and

Parliament's Secretariat-General . For the rest, it is
unfortunately not possible to separate out the aid granted to
projects carried out in mountain areas from that for projects
carried out elsewhere . Also, separate single programming
documents are drawn up for each region and main regional
measure introduced under Objectives 1, 6 or 5b and no
overview is available at present .

line with Objectives 1, 6 and 5b of the Structural
Funds . (') OJ No L 215, 30 . 7 . 1992 .

The arrangements for compensatory allowances and
investment aid are optional ( i.e . it is not mandatory for
Member States to make them available ) and flexible ( i.e .
Member States may decide the details ).

WRITTEN QUESTION E-3028 / 95

by Wolfgang Nutëbaumer ( NI )

The oldest and best-known measure is the Community's
compensatory allowance . Since the last review in 1994, this
will be not less than ECU 20,3 per adult bovine animal unit,
or hectare, and may be as much as ECU 150 ( usual in
less-favoured areas ) ' or ECU 180 ( mainly in mountain
areas ). Member States may vary the allowance depending on
the financial position of the farm, the farmer's income,
whether he uses environmentally friendly methods and the
severity of the natural disadvantages . The allowance
remains one of the main forms of direct aid to farmers .

1 100 000 farms receive it, sharing ECU 1 500 million
between them — of which ECU 500 million is provided by
the Guidance Section of the European Agricultural
Guidance and Guarantee Fund ( EAGGF ; 1993 figures )
which accounts for some 30 % of the total granted . Where
sheep - or goatmeat is produced in less favoured areas, an
additional headage premium ( of some ECU 6,6 per animal )
may be granted under the ' rural ' premium arrangements,
and transhumant flocks spending the summer in the
mountains, are eligible for these arrangements .

to the Commission

( 13 November 1995 )

( 96 / C 109 / 29 )

Subject : Conformity with EU law of the Austrian law on

road haulage

In the Lake Constance region ( Austria ), studies are currently
being carried out into the possibility of integrating this
region's freight haulage system into the international
railway network .

The EU law on road haulage is important in this connection,
since it guarantees the protection of haulage firms — inter
alia with a view to privatization — which may make it
impossible for genuine privatization of road haulage to

occur .

Selective and individual investment aid is not subject to the Does the Commission intend to alter this law in the near
requirement to produce a physical improvement plan and future to enable ' genuine ' privatization to take place ?
the rules permit the joint purchasing of fodder-making
equipment, the improvement and equipping of jointly used
pastureland ( particularly summer mountain pastures ) and

( in mountain areas ) the joint or individual installation of
stand pipes and building of access roads to ordinary or
mountain pastures and of shelters for flocks and shepherds .
Year in, year out, the EAGGF pays out ECU 12 million
mainly for mountain farming areas .

In collaboration with the EAGGF, Member States may
promote investment in farm modernization even more by
adding a further 10% of official aid for that part of the
investment that is eligible, or 12,5 % in the case of young
farmers . At least 50 % of all farmers receiving Community
aid for modernization of farm in less-favoured areas and, on
average, the Community helps establish more than 10 000
young farmers in such difficult areas .

Answer given by Mr Kinnock

on behalf of the Commission

( 19 December 1995 )

The Austrian ' Kraftfahrliniengesetz ' has been notified to the
Commission as the law on market access and related

questions in respect of regular bus services . Consequently it
does not relate to railway services .

On the basis that the Honourable Member's concern relates

to the opening up of the railways sector, the main
Community legislation governing the railway sector is

No C 109 / 18 EN Official Journal of the European Communities 15 . 4 . 96

Directive 91 / 440 / EEC ( ) on the development of the
Community's railways . This obliges Member States to
ensure an independent management, to separate the
management of the railway operation and infrastructure
from the provision of railway transport services, to improve
the financial structure of the undertakings and to ensure
certain access rights .

Member States are free to choose the legal framework which
guarantees the railway undertaking's management
independence from the State . The framework must ensure
that, as regards management, administration and internal
control over administrative, economic and accounting
matters, railway undertakings have independent status in
accordance with which they will hold assets, budgets and
accounts which are separate from those of the State

( Article 4 of the Directive ). Community legislation cannot,
according to Article 222 of the EC Treaty, prejudice the
rules on ownership .

To complement Directive 91 / 440 / EEC in the course of 1995
the Council adopted further Directives on licensing railway
undertakings ( Directive 95 / 1 8 / EC ) ( 2 ) and on the allocation
of railway infrastructure capacity and charging of
infrastructure fees ( Directive 95 / 1 9 / EC ) ( 2 ). These will
support the opening up of the railway sector by ensuring
that the access rights granted under the existing legislation
are implemented in an effective and non-discriminatory

way .

2 . If so, when ?

3 . In the Commission's view, what reasons might mitigate
against harmonization ?

Answer given by Mr Bangemann

on behalf of the Commission

( 22 December 1995 )

We would refer the Honourable Member to the answer

given by the Commission to Written Question E-64 / 95 by
Mrs Schleicher (').

In addition the Commission had the opportunity to inform
the members of the environment, public health and
consumer-protection committee that a working party
consisting of Member-State experts was about to be set up in

order to seek a solution to the problems raised by the
Honourable Member .

(') OJ No C 202, 7 . 8 . 1995 .

WRITTEN QUESTION E-3045 / 95

(') OJ No L 237, 24 . 8 . 1991 . by Jacques Donnay ( UPE )

( 2 ) OJ No L 143, 27 . 6 . 1995 . to the Commission

( 15 November 1995 )

( 96 / C 109 / 31 )

Subject : Difficulties experienced by SMEs in gaining access

to the Belgian market

WRITTEN QUESTION E-3036 / 95

by Horst Schnellhardt ( PPE )

to the Commission

( 15 November 1995 )

( 96 / C 109 / 30 )

Subject : Prescription requirement for veterinary
medicines

Open borders in the European Union are encouraging illegal
trafficking in veterinary medicines . Differing rules on
prescription requirements for veterinary medicines in the
Member States are leading to a flourishing trade in and
uncontrolled use of veterinary medicines . In particular, it is
no longer possible to keep a check on residues, a problem
which is of special concern to consumers .

1 . Does the Commission intend to undertake the long
overdue harmonization of prescription requirements for
veterinary medicines ?

European enterprises wishing to carry out construction
work in Belgium encounter administrative obstacles in three

respects :

— in obtaining a VAT number, which is made particularly

difficult for businesses based abroad ;

— in registering as entrepreneurs, which cannot be done

without a VAT number ;

— with regard to social-security registration : since
1 January 1995, when new regulations entered into
force, foreign enterprises have been required to obtain a
social-security card for each employee, which entails
lodging of security of Bfrs 75 000 per worker per
quarter . These sums are refunded only after a delay of
many months ( typically nine months ), which means that
these advance payments to the Belgian authorities
seriously penalize foreign businesses .

These formalities surely constitute an obstacle to freedom to
provide services in Europe .

15 . 4 . 96 I EN I Official Journal of the European Communities No C 109 / 19

What measures will the Commission take to restore fair

competition ?

Answer given by Mr Papoutsis

on behalf of the Commission

WRITTEN QUESTION E-3050 / 95

by Nel van Dijk ( V )

to the Commission

( 15 November 1995 )

( 96 / C 109 / 32 )

(2 February 1996 ) Subject : Beek Airport : a bottomless pit for ERDF
funding

The Commission is aware that there have been difficulties in

Belgium in respect of VAT numbers and VAT identification
numbers for foreign businesses, although it understands
that the situation has now improved . Community law
allows a Member State the option of requiring the
designation of a tax representative where a taxable supply of
goods or services is made by a taxable person who is not
established within its territory . Belgian legislation makes use
of this option where a business does not have a permanent
establishment in Belgium . In its communication to the
Council and the Parliament on arrangements for taxing
transactions carried out by non-established taxable
people ( ! ), the Commission has recommended that Member
States should refrain from systematically requiring
designation of tax representatives . If the Honourable
Member has evidence of continuing difficulties, the
Commission would like to receive this so it can take up the
matter with the Belgian authorities .

As regards the obligation to make advance payments on
social security contributions in order to obtain a social
security card, the Commission is of the opinion that this
obligation runs contrary to Community law in so far as it
concerns persons who have been posted to another Member
State, as per Article 14 of Regulation ( EEC ) No 1408 / 71 ( 2 )
and who have form E 101 . By virtue of these provisions,
these workers continue to be subject to the legislation of the
Member States which posted them abroad . It is
consequently not permissible to demand payment of social
security contributions in respect of these workers .

Was the Municipality of Beek recently granted a subsidy of
four million guilders from the ERDF to improve access links
to Technoport Europe and the Beek ( Maastricht-Aachen )
Airport economic development area ( 1 )? Is the Commission
aware that a study by Amsterdam University predicts that,
even if night flights are permitted at Beek, the airport will be
loss-making until 2010 ( 2 )?

Is the Commission aware that, according to Stichting De
Rentmeesters, even the above study is over-optimistic and
' built upon quicksand ' ( 3 )?

Is the Commission aware that, according to a study by
Maastricht Science Shop, the number of jobs directly linked
to the airport is far smaller than the airport's management
has claimed, namely 417 rather than 1280 ( 4 ) ?

Does it not follow that the extrapolations concerning the
growth in employment generated by the increased economic
activity attracted by the airport present far too rosy a
picture ?

., Is the Commission aware that considerable political
these workers continue to be subject to the legislation of the uncertainty surrounds the issue of whether night flights will
Member States which posted them abroad . It is be permitted, the construction of an east-west runway and
consequently not permissible to demand payment of social even the continuation of the national subsidy for Beek
security contributions in respect of these workers . Airport, partly because of public objections to the noise

nuisance and environmental damage caused by air traffic in
this densely populated region ?
The Commission has already communicated this to the
Belgian authorities . The Belgian authorities have said that
they would be prepared to modify the relevant regulations . In the light of this and of the above studies, ought not the
However, the measures required do not appear to have been conclusion to be drawn that the prospects of Beek Airport —
taken and the legislation in question continues to apply . For particularly from the financial point of view — are
this reason, these Regulations may be subject to an extremely poor ?
infringement procedure under Article 169 of the EC
Treaty .

Was it, therefore, a sensible decision to grant renewed ERDF
funding to Beek Airport and the areas of wasteland for
(') COM(94 ) 471 final . airport-linked activity ?

( 2 ) OJ No L 149, 5 . 7 . 1971 ( consolidateci version, OJ No C 325,

In the light of this and of the above studies, ought not the
conclusion to be drawn that the prospects of Beek Airport —
particularly from the financial point of view — are
extremely poor ?

Was it, therefore, a sensible decision to grant renewed ERDF
funding to Beek Airport and the areas of wasteland for
(') COM(94 ) 471 final . airport-linked activity ?

10 . 12 . 1992 ).

( ] ) De Limburger, 23 September 1995 .

( 2 ) Trouw, 28 September 1995 .

( 3 ) Trouw, 18 October 1995 .

( 4 ) De Volkskrant, 28 September 1995 .

No C 109 / 20 EN Official Journal of the European Communities 15 . 4 . 96

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 20 December 1995 )

In the framework of the Objective 2 programme for South
Limburg ( 1994 —1996 ) a conditional subsidy of 4 million
guilders, which represents 20 % of the estimated cost, was
allocated, on 21 September 1995, from the European
Regional Development Fund ( ERDF ). The money is to
be used for the joint development of grounds in
Maastricht-Aachen airport and Techno Port Europe to
make a single integrated business site .

The link between Maastricht-Aachen airport and the
intended business site has been incorporated in the
assessment of the business site . The business site is so well

located ( alongside the A-2, near the A-76 and Maastricht )
that even in the event of no further development of the
airport, it will be a good location for companies which are of
importance for further developing South Limburg .

The conditionality of the subsidy relates first to the fact that
the zoning-plan procedure has not yet been finalised . If the
outcome is that the other intended financiers ( the central
government and the municipality of Beek ) decide not to
participate in the financing, the ERDF subsidy will be
withdrawn .

Another element of conditionality of the subsidy is related to
the execution period of the project . The Objective 2
programme stipulates that only costs up to 31 December

1998 are eligible for ERDF subvention . If during the second
half of 1996 the execution period is not clarified, the ERDF
subsidy will be withdrawn and will be used for other
projects under the programme .

WRITTEN QUESTION E-3059 / 95

by Nuala Ahern ( V )

to the Commission

( 15 November 1995 )

( 96 / C 109 / 33 )

Subject : Communications between France and the
Commission pursuant to Article 33 of the Euratom
Treaty

What communication has the Commission received from

France in regard to the compliance with basic radiation
safety standards at its nuclear testing sites at

( b ) former test sites at Reganne and In-Ecker in Algeria,

pursuant to Euratom Treaty Article 33 since 1960 ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

Preparation and execution by France of nuclear tests in the
Sahara desert and in the South Pacific have never included

specific communications to the Commission pursuant to
Article 33 of the Euratom Treaty .

WRITTEN QUESTION E-3061 / 95

by Nuala Ahern ( V )

to the Commission

( 15 November 1995 )

( 96 / C 109 / 34

Subject : Source or fissile materials in Commission
ownership at the time of the accession of
Ireland

What quantities of ores, source materials or special fissile
materials were allocated to Commission ownership under
Euratom Treaty Article 86, or declared as applicable to
safeguards under Euratom Treaty Article 77 et seq ., on the
accession of Ireland to the Treaty of Rome in 1972 ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 12 January 1996 )

At this point in time, the Commission's archives in this
sector are accessible only from 1978 onwards . Since the
information you request relates to 1972, the Commission is
undertaking additional research in order to reply to the
question raised by the Honourable Member . It will not fail
to communicate the results of its research as soon as

possible .

WRITTEN QUESTION E-3064 / 95

by Nuala Ahern ( V )

to the Commission

( 15 November 1995 )

( 96 / C 109 / 35 )

Subject : Euratom safeguards inspections

On how many occasions and under what respective
( a ) Moruroa and Fangataufa and circumstances have Euratom safeguards inspectors been

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 21

sent to Member States to verify safeguards declarations, as
permitted under Euratom Treaty Article 81 ; whether there
have been any circumstances when Member States have
obstructed or not cooperated with such visits, and whether
any reference has been made to the President of the Court of
Justice in regard to problems in applying Euratom
safeguards ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 19 December 1995 )

The Commission would draw the attention of the

Honourable Member to the reports on the operation of
Euratom safeguards (') which describe the methodology of
Euratom safeguards inspections or, as requested by the
Honourable Member, the circumstances .

The most recent figures on inspections are for 1994, when

894 installations were safeguarded ( including 528 locations
outside facilities ( LOFs )) and the inspection effort was
8 723 man-days .

While consultations with operators and Member States
authorities are under way to discuss, establish and
follow-up optimum inspection procedures, the Commission
did not consider it necessary to apply to the President of the
Court of Justice under Article 81 of the Euratom Treaty .

C ) SEC(90 ) 452 for 1988, SEC(90 ) 80 final for 1989—1990,

COM(94 ) 282 final for 1991—1993 .

WRITTEN QUESTION E-3066 / 95

by Martina Gredler ( ELDR )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 36 )

Subject : Risks to health posed by the consumption of

foodstuffs grown in soil treated with pig

manure

A group of student nurses and children in Germany were
taken ill with severe gastroenteritis after eating parsley
grown in soil treated with pig manure . Nine of them,
including three children, were subsequently found to be
suffering from a haemolytic-uraemic syndrome, from which
one of the children died (Z Epidemiol . Infect . 114, 1995,
441 ).

The cause of the illness was found to be a

verotoxin-producing strain of citrobacter freundii, and the

source of infection was traced back to parsley grown in soil
treated with pig manure .

Does the Commission have any new findings which
demonstrate how pig manure can be used safely in
agricultural production ?

Is it aware of other cases of illness resulting from the
consumption of foodstuffs grown in soil treated with pig
manure ?

What steps will it take to prevent such cases of illness
occurring in future as the result of pig manure being used as
a fertilizer ?

Answer given by Mr Fischler
on behalf of the Commission

(8 January 1996 )

The Commission is aware of the scientific publication cited
by the Honourable Member concerning an outbreak of
gastroenteritis followed by a haemolitic uremic syndrome
and thrombocytopenic purpura in a nursery school and
kindergarten . Epidemiological tracing suggested that
sandwiches, prepared in the school kitchen with green
butter made with contaminated parsley, were the most
probable source of infection . The parsley originated from an
organic garden in which pig manure was used as
fertiliser .

The Commission is not aware of the existence of other

similar outbreaks in humans due to citrobacter freundii .
Raw herbs and vegetables, particularly those grown on land
on which manure has been spread, are potential carriers of a
range of pathogenic and non-pathogenic organisms which
are commonly found in nature . Such raw products cannot
be considered as pathogen-free food and need to be handled
with care .

Some essential epidemiological information on whether or
not the parsley was washed and the conditions of
preparation and storage of the butter and the sandwiches is
missing . On the basis of the information available and
without further scientific evidence it is, at this stage,
impossible to make a reliable risk assessment and to
consider development of an appropriate Community policy .
However, the Commission will follow the epidemiological
evolution of citrobacter freundii as a zoonotic agent and
will take any necessary initiatives . Furthermore, the
Commission will continue to support scientific research
projects concerning food-borne diseases in general ( in
particular those resulting in the haemolytic uraemic
syndrome ) and to promote good agricultural practices ( in
particular as regards the use of organic fertilisers ).

No C 109 / 22 EN Official Journal of the European Communities 15 . 4 . 96

WRITTEN QUESTION E-3090 / 95 WRITTEN QUESTION E-3091 / 95

by Christine Crawley ( PSE ) by Christine Crawley ( PSE )

to the Commission to the Commission

( 20 November 1995 ) ( 20 November 1995 )

( 96 / C 109 / 37 ) ( 96 / C 109 / 38 )

Subject : Birmingham Northern Relief Road

Would the Commission comment on the appropriateness or
otherwise of Midland Expressway Limited's application of
Article 3 of EC Directive 85 / 337 / EEC ( 1 ) in the development
of the Birmingham Northern Relief Road .

In order to obtain environmental impact information
concerning the development, MEL has contacted some
groups who will need to be relocated . However, no
assessment has been made of the resident populations '
perceptions of the landscape, flora and fauna and how these
would be affected . Indeed, MEL's representative at the
public enquiry said no environmental perception approach
was carried out because it was not necessary .

Subject : Industrial tribunal awards

Is the Commission aware that the British Government caps
awards made by Industrial Tribunals, but only under certain
circumstances ? For instance, if a person is awarded £ 26 000
for loss of earnings in a constructive dismissal case, that
person will only receive £ 11 000 ; whereas, if this award
were made within a sexual or racial context, the person
would receive the entire award .

Would the Commission comment on this ? I should be

pleased to hear the Commission's views both within the
context of fair justice and within the context of European
legislation .

Has the spirit of Article 3 of Directive 85 / 337 / EEC been Answer given by Mr Flynn
on behalf of the Commission
followed, or has there been a contravention of the
Directive ? (6 February 1996 )

0 ) OJ No L 175, 5 . 7 . 1985, p . 40 .

The Commission is not informed about the UK practice to
which the Honourable Member refers, and cannot at this
stage check its compatibility with Community law .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

The Commission is not in a position to say whether or not
the developer in question should or should not have carried
out an ' environmental perception ' analysis in regard to the
local population's perception of the proposed Birmingham
northern relief road . It has no competence in the matter .
Directive 85 / 337 / EEC does not include such information

requirements within its articles or annexes . It is therefore a
matter for the appropriate authorities to decide the
relevance of such analyses .

In the light of the preceding remarks, it cannot be said that
the spirit of Article 3 of the Directive has not been
followed .

With regard to individual dismissals, there is no Community
legislation . Therefore the matter falls to be dealt with under
British law .

WRITTEN QUESTION E-3096 / 95

by Salvador Garriga Polledo ( PPE )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 39 )

Subject : Management of water resources

Does the management of the water resources of a river
flowing through two or more Member States fall within the
Community's competence ?

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 23

Answer given by Mrs Bjerregaard

on behalf of the Commission

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 20 December 1995 ) ( 21 December 1995 )

Following the Council Decision of 24 July 1995 the
Community ratified the Convention on the protection and
use of cross-frontier watercourses and international lakes

( Helsinki Convention ) on 14 September 1995 . The latter is a
UN Economic Commission for Europe Convention . The
following Member States have already ratified the
Convention : Germany, Luxembourg, the Netherlands,
Portugal and Sweden . The ratification procedures in the
other Member States are in progress . The Convention will
take effect on the 90th day following the date on which the
sixteenth instrument of ratification, acceptance, approval or
accession is lodged . Fourteen instruments of ratification
have already been lodged .

The Council Decision is based on Article 1 30s ( 1 ) of the EEC
Treaty .

This Convention is a framework convention that is aimed at

bilateral and multilateral cooperation between ripuarian
States in order to prevent, manage and reduce pollution of
watercourses . In particular ' the ripuarian parties will
cooperate on a basis of equality and reciprocity, above all by
means of agreements (...) in order to prepare policies,
programmes and harmonized strategies applying either
entirely or in part to the hydrographie basins concerned and
in order to prevent, manage and reduce the cross-frontier
impact (. . .)'. The Convention provides, in particular, for
exchanges of information, consultations, studies on
cross-frontier impacts, joint research and development
activities, and provisions for the settling of disputes

( negotiation, arbitration or International Court of
Justice ).

The Helsinki Convention would constitute the best forum

for dealing with any problems between two or more
Member States regarding the aquatic resources of

watercourses .

WRITTEN QUESTION E-3098 / 95

by Salvador Garriga Polledo ( PPE )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 40 )

Subject : Community hydrological policy

Is there a legal basis in the Treaties for the establishment of a
Community hydrological policy ?

Does the Commission consider it a priority to establish such
a policy ?

Competence for Community policy for the environment is
specified in the EC Treaty in Articles 130r, 130s, and 130t .
Under Article 130s paragraph 1 the Council decides what
action is to be taken by the Community, following the
procedure referred in Article 189c, after consulting the
Economic and Social Committee . Article 130s paragraph 2
further states that for measures concerning the management
of water resources the Council acts unanimously after
consultation of the Parliament and the Economic and Social

Committee .

The Council and the environment committee of the

Parliament in June 1995 requested the Commission to draw
up a framework for a comprehensive and coherent water
policy for the Community as part of the further
development of an overall Community policy for protection
and management of water resources . The Commission is
presently preparing a communication to Council and
Parliament and this will be presented in early 1996 .

In addition a proposal for an action programme for
integrated groundwater protection and management,
focusing on both quantity and quality aspects, is under
preparation by the Commission . The programme is
intended as a framework within which Member States and

the Community in close cooperation should secure
integrated management of surface water and groundwater .
The programme aims to prevent further pollution,
to maintain the quality and quantity of unpolluted
groundwater, and where appropriate to restore polluted
groundwater .

WRITTEN QUESTION E-3099 / 95

by Anne André-Léonard ( ELDR )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 41 )

Subject : Double membership fees for persons not resident

in Luxembourg

The Luxembourg Government has, through its Ministry for
the Family, concluded a number of conventions with the
Luxembourg Consumers ' Union ( Union Luxembourgeoise
des Consommateurs — ULC ) with the aim of aiding the sole
association in the Grand Duchy which offers consumer
services .

The ULC receives subsidies from both Brussels and the

Ministry for the Family, and its statutes mention only a
single membership fee, namely Lfrs 1 000 . However,
members living outside the Grand Duchy, whether or not
they are Luxembourg nationals, are obliged to pay twice
that sum .

No C 109 / 24 EN Official Journal of the European Communities 15 . 4 . 96

One cannot claim this to be justified by postage costs, since
being a member of a consumers ' association is not the same
as subscribing to a newspaper .

Does the Commission consider it to be legal that
Luxembourg nationals living abroad should have to pay a
fee 100% higher than the normal rate to an organization
which receives substantial aid from both the Luxembourg
authorities and the EU ?

Answer given by Mrs Bonino

on behalf of the Commission

( 20 December 1995 )

Although the Commission subsidises certain specific
consumer policy promotion projects in which the Union
Luxembourgeoise des Consommateurs ( ULC ) is involved, it
has no powers regarding the system of membership fees
which the ULC chooses to apply .

WRITTEN QUESTION E-3100 / 95

by Marco Celiai ( NI )

to the Commission

( 20 November 1995 )

Answer given by Mr Flynn
on behalf of the Commission

(9 February 1996 )

It is correct that the Commission has helped to support the
inaugural ceremony for the European Industrial Relations
Centre ( EIRC ).

The guests invited included a large number of Members of
Parliament, but it was impractical to invite them all .

Since this inaugural ceremony was European rather than
regional in character, the Commission did not consider the
constituencies of Members of Parliament as a selection

criterion . It invited above all the members of the committees

most directly concerned by the creation of the EIRC,
together with the presidents of the main parliamentary

groups .

The Commission regrets any offence caused by the choice it
made and will take care to avoid such occurrences in

future .

WRITTEN QUESTION E-3102 / 95

by Elly Plooii-van Gorsel ( ELDR )

( 96 / C 109 / 42 ) to the Commission

( 20 November 1995 )

Subject : Need for more effective communication between

the Commission and Members of Parliament

On 20 October 1995 the ceremony to inaugurate CERI

( European Centre for Industrial Relations ) was held in
Florence, in the ' Hall of the Five Hundred ' at the Palazzo
Vecchio, now the headquarters of the city council . The
ceremony was attended by, among others, the Commission
President, Jacques Santer, and one of its Members, Mr
Flynn . The event was sponsored by the Commission, and
Commission departments would certainly have been
involved in the preparations .

1 . Why were the Members of Parliament representing the
constituency and the surrounding area not informed
that the inauguration was taking place and the
abovementioned distinguished guests would be
attending ?

2 . Is this attitude consistent with the synergy which,
according to repeated assertions, is meant to
characterize the relationship between the Commission
and Parliament ?

3 . Does the Commission not believe that it should

undertake in future to communicate more effectively
not only with the European Parliament as such, but
also with the Members of Parliament representing
constituencies in which events involving the
Commission are scheduled to take place ?

{ 961 C 109 / 43 )

Subject : Illegal dumping of nuclear waste

1 . Is the Commission aware that 100 drums of nuclear

waste from Germany were illegally dumped in the Coupé
polder in Alphen aan de Rijn ( Netherlands ) in the years

1978 and 1979 ?

2 . Is the Commission aware that a number of anonymous
tip-offs were received about when and where the waste
matter was to be dumped, but that despite this no action was
taken by the provincial authorities ?

3 . Can the Commission request the Netherlands
authorities to shed light on this matter pursuant to the
Euratom Treaty ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

1 . The Commission has no information on the alleged
illegal dumping of 100 drums containing radioactive waste
in Alphen ( Netherlands ).

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 25

2 . The Commission has not been informed about

anonymous tip-offs concerning dumping operations .

3 . Dumping of drums containing radioactive waste from
a nuclear installation is difficult to imagine . Such
installations operate under a system of licensing,
registration and control . Illegal diversion is possible only
when the control by the national safety authorities is
ineffective . The Commission has no reason to believe that

the authorities would accept a violation of the national
legislation and of the Euratom basic safety standards on
radiation protection .

other occupational diseases of workers in the nuclear
industry . A list of reports containing specific information
about the situation in the United Kingdom is sent direct to
the Honourable Member and the Secretariat of the

Parliament .

(!) OJ No L 246, 17 . 9 . 1980 .

WRITTEN QUESTION E-3 122 / 95

by Marie-Paule Kestelijn-Sierens ( ELDR )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 45 )
WRITTEN QUESTION E-3 1 1 5 / 95

by James Fitzsimons ( UPE )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 44 )

Subject : Cancer registers and the nuclear industry

To ask the Commission if it can provide figures on the
number of workers in all sectors of the nuclear industry who
have suffered or are suffering from occupational diseases,
the role, if any, of national cancer registers in monitoring the
health of workers in the nuclear industry, particularly as
regards thyroid cancer, and if it will provide details of the
results of monitoring the health of workers in the UK
involved in the nuclear industry .

Answer given by Mrs Bjerregaard

on behalf of the Commission

Subject : Review of the international TIR Convention

During the European Parliament's plenary debate of
24 October 1995 on the proposal for a decision for the
' Customs 2000 ' programme of action, Commissioner
Monti indicated that a review of the international TIR

Convention would take place . The Commission called for
active participation by the Commission and the EU Member
States in this review f 1 ).

1 . When are the review discussions expected ?

2 . Is the Commission aware of the objective and the
substance of this review ?

3 . What positions will it adopt and uphold in connection

with the review ?

(') Minutes of 24 October 1995, p . 31 .

( 22 December 1995 ) Answer given by Mr Monti
on behalf of the Commission

January 1996 )
The Commission is in possession of data regarding the
number of workers in the nuclear industry and of the
respective occupational radiation exposures . This data does 1 . Last January the Inland
not include information about workers suffering from United Nations Economic Commission
occupational diseases . Such comparable specific at its 57th session to conduct a
information is normally not included in the national cancer Convention concerning international
registers of the Member States . Furthermore, no detailed review is currently the subject of
information is available concerning the results of health the interested parties .
monitoring of classified workers occupationally exposed to
ionising radiation . This information forms part of the
individual confidential medical records kept by the 2 . The review is aimed at adapting
operators of so-called controlled areas subject to special to current economic and political
rules for the safety of workers ( Chapter II of Council reinforcing checks, notably with a view
Directive 80 / 836 / Euratom of 15 July 1980 ( 1 )). Though the exact content of the revised

1 . Last January the Inland Transport Committee of the
United Nations Economic Commission for Europe decided
at its 57th session to conduct a review of the TIR

Convention concerning international road transit . That
review is currently the subject of preliminary talks between
the interested parties .

However many retrospective epidemiological studies have
dealt with questions about the state of health, cancer and

2 . The review is aimed at adapting the 1975 Convention
to current economic and political circumstances and
reinforcing checks, notably with a view to countering fraud .
Though the exact content of the revised Convention has yet
to be defined, the review will probably focus on controlling
access to the TIR arrangements, reworking the system of
international guarantees and stepping up exchanges of
information between parties to the TIR system .

No C 109 / 26 EN Official Journal of the European Communities 15 . 4 . 96

3 . The Commission, in close cooperation with the
Member States and the international authorities responsible
for the TIR system, intends to press on with efforts to
overhaul the Convention, with an emphasis on improving
the security of the TIR system and the working of the
international guarantee, especially where sensitive goods are
concerned .

WRITTEN QUESTION E-3 134 / 95

by Jesus Cabezon Alonso ( PSE )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 47 )

Subject : EU workers on board Moroccan fishing vessels

The difficulties preventing a new fisheries agreement from
being concluded with Morocco have meant that part of the

WRITTEN QUESTION E-3 129 / 95 Spanish fishing fleet has been required to suspend its

by Richard Howitt ( PSE ) and activities .

Wolf gang Kreissl-Dörfler ( V )

to the Commission

( 20 November 1995 )

( 96 / C 109 / 46 )

Subject : Tropical forest park in French Guiana

The French Government is planning to create a National
Park in the south of French Guiana, co-financed by the
EU-Commission .

How much money has been allocated to this project ?

Which budget line has it been funded by ?

Certain fishermen who used to work on board Spanish
vessels have been recruited to Moroccan vessels, apparently
under highly inadequate and irregular contractual, safety
and wage conditions .

Does the Commission not consider that this behaviour on

the part of the Moroccan fleet, which is acting in agreement
with Chinese and Korean shipowners, represents a blatant
distortion of competition in the fisheries sector ?

Does the Commission not think that it should require a
country such as Morocco, with which the European Union
maintains special trade and political relations, not to base its
competitiveness on practices such as those described
above ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission Answer given by Mrs Bonino

on behalf of the Commission
( 14 December 1995 )

(5 January 1996 )

It is correct that the French authorities are proposing to
establish a tropical forest park in French Guiana .

In the Objective 1 single programming document ( SPD ) for
French Guiana for 1994 — 1999 the Commission has made

provision for co-financing part of the project . The proposed
contribution is included in submeasure 6.3, ' environmental
protection ', of priority 6 in the SPD . The whole of the
submeasure will be covered by a European Regional
Development fund contribution of ECU 1,5 million, out of a
total stated eligible cost of ECU 5 million . The relevant
budget heading is B2-1200, ' Community support
frameworks, Objective 1 regions '.

The Commission has noted the information given by the
Honourable Member regarding Spanish fishermen on board
Moroccan vessels .

The employment contracts and conditions for the Spanish
crew members are however the result of private
arrangements between the workers concerned and the
Moroccan shipowners and are outside the framework of the
fisheries relations between the Community and Morocco .
The Commission consequently has no competence to
intervene in such arrangements .

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 27

WRITTEN QUESTION E-3 145 / 95

by Clive Needle ( PSE )

to the Commission

( 22 November 1995 )

{ 961 C 109 / 48 )

connection with fisheries products are not applied
efficiently in most Member States ?

2 . which countries are not yet applying or complying with
these Directives ?

3, what measures will the Commission adopt in order to
ensure, particularly, that Directive 91 / 493 / EEC, which
Subject : Safety of child pillion passengers on motorcycles ought to have been implemented by the Member States
in 1993, is strictly observed ?

What EU Regulations apply to the safety of child pillion
passengers on motorcycles, and does the Commission
currently intend to review any of them ?

(!) OJ No L 268, 24 . 9 . 1991, p . 15 .

( 2 ) OJ No L 156, 23 . 6 . 1994, p . 50 .

Answer given by Mr Fischler
Answer given by Mr Bangemann on behalf of the Commission

on behalf of the Commission ( 11 January 1996 )
( 21 December 1995 )

There is no specific Directive on motorcycle pillion seats
among the technical measures relating to motorcycle design
covered by framework Directive 92 / 61 / EEC ( 1 ). The absence
of requirements is due to the fact that no Member State
or institution felt any were necessary when framework
Directive 92 / 61 / EEC was examined . There are also no

Community measures regarding road traffic standards, but
any Member State so wishing may legislate in this area .

(') OJ No L 225, 10 . 8 . 1992 .

WRITTEN QUESTION E-3 147 / 95

by Jessica Larive ( ELDR )

to the Commission

( 22 November 1995 )

( 96 / C 109 / 49 )

Subject : Non-compliance with EU legislation on fisheries

products

1 . All the Member States except Ireland have notified the
Commission of measures taken to transpose into national
law the provisions of Council Directive 91 / 493 / EEC laying
down the health conditions for the production and the
placing on the market of fishery products . The Commission
initiated infringement procedures against Ireland in 1993
and recently brought the matter before the Court of
Justice ( J ).

Commission Decision 94 / 356 / EC on own-checks and the
monitoring and checking of critical points with regard to
fisheries products took effect immediately .

2 . In view of the time limit ( 31 December 1995 )
established by Directive 91 / 493 / EEC to enable Member
States to comply with Community requirements, the
Commission did not wish to carry out inspection missions
before 1996 . It is not in a position at this stage, therefore, to
say whether or not most Member States apply the hygiene
recommendations for fisheries products .

3 . However, in recognition of the fact that Community
establishments uphold varying standards of hygiene, the
Commission has been conduction information visits — as

opposed to inspections — since 2 October 1995 . The
purpose of these visits is to gauge to what extent the
provisions of Directive 91 / 493 / EEC have been transposed
into national law in the various Member States . These visits

will continue throughout 19 96 to verify implementation .
Account will also be taken of the ' Parallel Food Testing :
FISH ' report, compiled by ' International consumer research
and testing '. After these visits, the Commission will take
appropriate decisions in the light of the implementation of
the health and hygiene legislation in each Member State .

In view of the findings of the survey ' Parallel Food testing in FISH ' report, compiled by '
the EU : FISH ', conducted by the consumers ' association and testing '. After these visits
International Consumer Research and Testing ( IT ) appropriate decisions in the
and partially financed by DG XXIV, concerning the health and hygiene
Directive 91 / 493 / EEC i 1 ) and Commission Decision
94 / 356 / EEC ( 2 ), 0 ) Case C-95 / 325, 16 . 10 . 1995 .

1, can the Commission confirm that EU legislation and
recommendations concerning health and hygiene in

No C 109 / 28 EN Official Journal of the European Communities 15 . 4 . 96

WRITTEN QUESTION E-3152 / 95

by Ian White ( PSE )

to the Commission

( 22 November 1995 )

( 96 / C 109 / 50 )

Subject : Calcium carbonate in food

Does the Commission intend to allow calcium carbonate to

be used as a food additive, notwithstanding its reported
dangers to health ?

Answer given by Mr Bangemann

on behalf of the Commission

(4 January 1996 )

The Commission is not aware of the reported dangers to
health of the food additive calcium carbonate ( El 70 ), which
has been permitted in the recently adopted Directive of
the Parliament and the Council on colours ( Directive
94 / 3 6 / EC ) i 1 ) and the Directive on food additives other than
colours and sweeteners ( Directive 95 / 2 / EC )( 2 ).

Calcium carbonate was evaluated by the scientific
committee for food and found acceptable for use in
foodstuffs . The Commission is not aware of any
information concerning a public health effect of calcium
carbonate . The Commission will investigate this matter and
invites the Honourable Member to forward his information

about this substance .

(') OJ No L 237, 10 . 9 . 1994 .

( 2 ) OJ No L 61, 18 . 3 . 1995 .

WRITTEN QUESTION E-3155 / 95

by Maartie van Putten ( PSE )

to the Commission

( 22 November 1995 )

2 . Does not the Commission agree furthermore that there
should be an established procedure . comprehensible to
all parties, comparable to that adhered to by the World
Bank for example, under which it is clear at each stage
when what decision is to be taken where and by
whom ?

Answer given by Mr Van den Broek

on behalf of the Commission

(8 February 1996 )

The Community's financial aid to the central and eastern
European countries ( CEEC ) is provided by the Phare
programme mainly through the awarding, generally after
tendering, of services and supply contracts and, in a smaller
proportion, through direct grants to projects retained after a
selection process .

Clear and standardized procedures for the procurement of
services and supplies, as well as for the awarding of the
corresponding contracts, are compiled in an user friendly
manual available to all those involved in the implementation
of the Phare programme . These include guidelines for the
contracting authorities and instruction to the tenderers .

As regards the direct financing of projects, the launching of
the related programmes is always preceded by a wide
distribution to the groups targeted of calls for proposals
which include comprehensive application guidelines,
detailing all the steps of the selection process . Furthermore,
the Commission makes available ad hoc technical assistance

to the applicants retained so that delays in the administrative
processing of projects are avoided .

As a result of the above, the average time span from the
launching of a tender or a call for proposals to the signature
of the corresponding contract or grant is substantially less
than six months .

( 96 / C 109 / 51 WRITTEN QUESTION E-3161 / 95

by Gianni Tamino ( V ) and Carlo Ripa di Meana ( V )

Subject : Delays in procedures for approving and awarding

projects

Is the Commission aware of the dissatisfaction which exists

in industry at the slowness and lack of clarity in dealing with
and approving project proposals, particularly in the case of
projects in eastern Europe, in which connection it is
apparently quite common to have to wait two years ?

1 . Does not the Commission agree that both eastern
Europe and western industry would benefit if proposals
could be submitted, processed and accepted or rejected
within a maximum of six months ?

to the Commission

( 22 November 1995 )

96 / C 109 / 52 )

Subject : Ships with radioactive nuclear waste on board

sunk in the Mediterranean Sea

The German public television network ARD broadcast a
report on 4 November 1 995 in which it revealed inquiries by
the Italian judiciary into a graveyard of ships that had illegal
cargoes of radioactive nuclear waste on board and which

15 . 4 . 96 LEN Official Journal of the European Communities No C 109 / 29

had been sunk in the Mediterranean Sea . According to this
report the inquiries into who was responsible led to
international criminal organizations whose activities were
allegedly tolerated by the national authorities .

Is the Commission aware of these facts ?

What are the Commission's current and future initiatives for

the protection of the Mediterranean Sea, including the
possibility of recovering the sunken waste ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

The Commission has no factual information on a cemetery
of ships containing radioactive waste located in the
Mediterranean Sea . Dumping of such material at this
location is not listed in the most recent database of the

International atomic energy agency ( IAEA-TFCDOC-588
' Inventory of radioactive material entering the marine
environment : sea disposal of radioactive waste ').

Generally the illegal trafficking of radioactive waste should
not be possible . The waste is produced in installations
operating under a system of licensing, registration and
control . Shipments are subject to control by national
authorities as required by Council Directive 92 / 3 / Euratom
on the supervision and control of shipments of radioactive
waste (').

The Commission also recalls that the Barcelona Convention

on the protection of the Mediterranean Sea, and more
precisely its immersion protocol, deals with the immersion
of radioactive waste .

2 . Is scientific research relating to the ethical issues
concerning the treatment of patients in a persistent
vegetative state being funded alongside the Second
European Conference ?

3 . How much funding is being made available, directly
and indirectly, from the Biomed I programme for the
conference ?

4 . A questionnaire is being circulated to the German
medical profession by King's College, Centre of Medical
Law and Ethics, in advance of the conference . Is funding
also being provided for the questionnaire and its scientific
evaluation under the EC Biomed I programme ?

5 . Is the purpose of the scientific investigation conducted
by means of this questionnaire known to the decision ­
makers ?

Answer given by Mrs Cresson

on behalf of the Commission

(5 January 1996 )

1 . The Biomed conference forms part of a biomedical
ethics research project ( under the Biomed I programme )
coordinated by Professor Grubb ( London ) and entitled
' Moral and legal issues surrounding the treatment and
health care of patients in a persistent vegetative state '. It was
the decision of the project researchers to organize the
conference .

2 . The project has been granted Community funding of
ECU 124 124 over three years .

3 . ECU 26 667 of the funding will go towards this
conference .

Under these circumstances, there appears to be no need for a
Commission initiative with respect to the alleged 4 and 5 . The King's College questionnaire is part of the
dumping . research methodology used in the project . The Commission

already passed this information to the Honourable Member
(') OJ No L 35, 12 . 2 . 1992 . in October 1995 .

WRITTEN QUESTION E-3 164 / 95

WRITTEN QUESTION E-3 1 72 / 95

by Hiltrud Breyer ( V )

Hiltrud Breyer ( V ) by Mary Banotti ( PPE )

to the Commission to the Commission

to the Commission

( 29 November 1995 )

( 29 November 1995 )

( 96 / C 109 / 53 ) ( 96 / C 109 / 54 )

Subject : The Second EC Biomed I European Conference —

ethical issues concerning the treatment of patients
in a persistent vegetative state — on 8 and
9 December 1995 in Bonn

1 . The abovementioned conference is funded from the

EC Biomed I programme . Who applied for this funding ?

Subject : Figures concerning level of uptake of reduced levy

quotas

Given the lack of information readily available with regard
to the level of uptake of export concessions to the EU, which
Poland has at its disposal under the EU-Poland Cooperation
Agreement, and the apparent low-level uptake of these

No C 109 / 30 EN Official Journal of the European Communities 15 . 4 . 96

quotas in some sectors, will the Commission please provide
figures concerning the level of uptake of reduced levy quotas
for meat and dairy products under Annex XB and fruit and
vegetable products under Annex XC of the EU-Poland
Agreement .

Answer given by Mr Fischler
on behalf of the Commission

5 . Is the Commission prepared to lengthen this application
period ? If so, by how much ?

6 . Is the Commission prepared to involve national and
local organizations of small and medium-sized
undertakings more closely in the dissemination of
information on funding schemes ?

( 11 January 1996 )
Answer given by Mr Papoutsis

on behalf of the Commission

The Honourable Member is referred to the Commission's ( 16 February 1996 )

report, produced in June 1 995 in response to a request of the
European Council in Essen, on ' tariff quota utilization
by central European countries under the Europe The Commission is aware that
agreements '. medium-sized SMEs

In particular, Annex C of that report provides the latest
available data on the degree of use by Poland of the most
important quotas for agricultural products . This Annex is
sent direct to the Honourable Member and to the Secretariat

of the Parliament .

WRITTEN QUESTION E-3177 / 95

by Elly Plooij-van Gorsel ( ELDR )

to the Commission

( 29 November 1995 )

( 961 C 109 / 55 )

Subject : Inadequate knowledge of European funding
schemes among SMEs

The study by the Council for Small and Medium-sized
Businesses in the Netherlands and a number of other

Member States has revealed large disparities as regards
awareness of funding schemes for SMEs in the European
Union .

1 . Is the Commission aware that in some Member States

knowledge of European Union funding schemes is
virtually nil, particularly among small and
medium-sized enterprises ?

2 . Does the Commission agree that these schemes must be
known and accessible if SMEs are to derive any benefit
from them ?

3 . Is the Commission prepared to allow sufficient time for
these schemes to become known in all EU Member

States ?

4 . Is the Commission aware that SMEs in a number of
countries regard the application period for funding
under EU schemes as too short ?

The Commission is aware that not all small and

medium-sized enterprises ( SMEs ) know about the
opportunities for obtaining Community funding . The main
reason for this is the large number of SMEs in the
Community — some 15 million — and the impossibility of
keeping them all informed . Financial instruments for SMEs
are also very limited, because the Commission considers it
preferable to improve the legislative and administrative
environment in which all small businesses operate rather
than to give financial support to a few of them .

The Commission is doing everything in its power to make
the Community financial instruments more accessible to
SMEs . It has, for example, set up a network of 250
Euro-Info Centres whose function is to inform SMEs about

Community legislation and programmes in support of small
businesses .

It should be noted, however, that the Member States

( Commission Decision of 31 May 1994 ) (*), which
administer the programmes co-financed by the Community,
are responsible for disseminating information to economic
operators and potential beneficiaries about financing
from Structural Funds such as the European Regional
Development Fund and the European Social Fund, which
account for most of the available funding . Where European
Investment Bank and European Investment Fund
instruments are concerned, this responsibility falls to their
networks of partner banks operating in this field . To name
one example, the demand for the ' SME Facility ', worth ECU

1 000 million in global loans with interest subsidies for
job-creating businesses, has exceeded the funds available by
over 50 % . This suggests that the scheme has worked well
and that SMEs were adequately informed about what it had
to offer .

Turning to the programmes " administered by the
Commission itself, various networks exist for disseminating
information . These are the information centres set up
throughout the Community and as closely as possible to
businesses, such as the Euro-Info Centres mentioned above,
Innovation Relay Centres and Business Innovation Centres .
The Commission also informs and consults the

organizations representing SMEs on a regular basis, to
enable them to pass on information to their national
members .

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 31

Lastly, there are several more initiatives in the pipeline for
improving information dissemination, such as an Internet
presentation of the programmes accessible to SMEs . When
this becomes available the Commission will inform the

various European employers ' associations and may ask
them to publicise the facility as widely as possible . The
Commission also issues an annual report on the
coordination of activities in support of SMEs ( 2 ) . The latest
report of this type ( 3 ) is available from the Office for Official
Publications of the European Communities . It should also
be noted that many guides to Community programmes are
issued by private publishers .

Where allocation procedures are concerned, the same
distinction between instruments administered at Member

State level and at European level applies . It is up to national
and local organizations to impose rules which can be
complied with easily and quickly . The Commission, for its
part, is constantly striving to make its programmes more
accessible to SMEs .

they should count towards justification for payment of
contributions from the European Regional Development
Fund, either as eligible expenditure or as a substitute for the
national matching contribution .

On the face of it, waiving this rule would be liable to breach
the provisions referred to in the first paragraph and could
ultimately be envisaged only after thorough scrutiny of a
particular case, including the nature and specific features
of the contribution, the method of valuation and the
availability of checks .

WRITTEN QUESTION E-3187 / 95

by Isidoro Sánchez García ( ARE )

to the Commission

(') OJ No L 152, 18 . 6 . 1994 . ( 29 November 1995 )

( 2 ) OJ No L 161, 2 . 7 . 1993 .

( 3 ) COM(95 ) 362 .

WRITTEN QUESTION P-3178 / 95

by Glyn Ford ( PSE )

to the Commission

( 21 November 1995 )

( 96 / C 109 / 56 )

Subject : Criteria for matching funds

Can the Commission confirm that contributions in kind

which are professionally executed and independently valued
can contribute towards matching funding necessary for
ERDF capital bids ?

( 96 / C 109 / 57 )

Subject : Fisheries agreement with Morocco

Article 228 of the Union Treaty concerning the conclusion
of agreements between the Community and one or more
States or international organizations considerably extends
the scope of the European parliament's participation .

The second subparagraph of paragraph 3 states that in cases
where agreements have important budgetary implications
for the Community, such agreements cannot be concluded
without the prior assent of Parliament .

Since the fisheries agreement with Morocco entails a
number of large-scale budgetary commitments does the
Commission intend to request Parliament's assent as
required by the Treaty ?

Answer given by Mrs Bonino

on behalf of the Commission
Answer given by Mrs Wulf-Mathies

on behalf of the Commission (9 January 1995 )

( 22 December 1995 )

The Structural Fund regulations and the rules governing the
financial execution of Structural Fund operations stipulate
that the Community's financial contribution will be paid
only against actual expenditure, meaning payments
executed by the end-beneficiaries, substantiated by
receipted invoices or accounting documents of comparable
probative value .

Since contributions ' in kind ' do not, by definition, involve a
payment, the Commission does not believe as a rule that

The Commission can confirm that Article 43 and the second

subparagraph of paragraph 3 of Article 228 of the EC
Treaty constitute the legal basis for its proposal for a
Regulation concerning the conclusion of the agreement
on cooperation in the seas fisheries sector between the
European Community and the Kingdom of Morocco and
laying down the provisions for its implementation ( ] ).

P ) COM(95 ) 608 .

No C 109 / 32 EN Official Journal of the European Communities 15 . 4 . 96

WRITTEN QUESTION E-3192 / 95

by Jorge Hernandez Mollar ( PPE )

to the Commission

( 29 November 1995 )

( 96 / C 109 / 58 )

Subject : Validity of passes for the assistants of Members of

the European Parliament in ' Commission
buildings

Can the Commission say whether the passes for assistants of
Member States of the European Parliament issued by the
European Parliament, which are valid in Parliament's three
places of work ( Brussels, Strasbourg and Luxembourg ) and
give assistants access to all Parliament's buildings, are also
valid for access to Commission buildings ?

Answer given by Mr Santer
on behalf of the Commission

On the other hand, there is a European Union Directive on
safety and health at work, which may be considered one of
the few practical results to have ensued from the programme
drawn up to implement the Charter of Fundamental Social
Rights .

That being the case, it must surely be a matter of concern to
the Union and in particular to the Commission that over 300
workers have apparently begun to suffer from an
occupational disease, tendinitis, caused by the methods and
pace of work in a factory set up, it should be noted, with the
aid of Union resources and located, moreover, in a Member
State which is obliged to ensure compliance with
Community standards governing safety and health at
work .

Is the Commission aware of the situation ? Should it not

conduct an investigation and attempt to help put matters
right ?

( 31 January 1996 ) Answer given by Mr Flynn
on behalf of the Commission

( 13 February 1996 )
Staff cards issued by Parliament to its officials give access to
Commission buildings .

Other persons who do not enjoy the same status also have
access provided they follow the procedures in use at the
Commission .

The Commission does not rule out the possibility of
reviewing the case of assistants to Members of the European
Parliament depending on Parliament's decisions regarding
their status .

WRITTEN QUESTION E-3198 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

( 29 November 1995 )

( 96 / C 109 / 59 )

Subject : Cases of occupational disease ( Setubal —
Portugal )

In some cases, the industrial development projects of large
multinationals have been realized only because the host
countries had created favourable conditions by granting
particular tax and other exemptions, offering certain
advantages, or diverting Community funds, including those
intended for vocational training activities, channelling them
into the projects in question .

A situation of this kind has occurred in, for example, the
Setubal region of Portugal .

The Commission is not aware of the situation described .

The Council Directive of 12 June 1989 on the introduction
of measures to encourage improvements in the safety and
health of workers at work ( 89 / 391 / EEC ) ( 1 ) states, in Section
II ' Employers ' obligations ', that ' the employer shall have a
duty to ensure the safety and health of workers in every
aspect related to the work ' and that ' within the context of
his responsibilities, the employer shall take the measures
necessary for the safety and health protection of workers,
including prevention of occupational risks and provision of
information and training, as well as provision of the
necessary organization and means '.

This Directive applies to all sectors of activity, both public
and private . Several individual Directives based on it have
been adopted in relation to specific areas of activity .

Member States must bring into force the laws, regulations
and administrative provisions necessary to comply with the
Directives . Following transposition into national law, each
Member State is responsible for ensuring their
application .

Portugal has communicated to the Commission national
measures implementing Directive 89 / 391 / EEC, in the form
of Decree-Law 441 / 91 of 14 November 1991 and

Decree-Law 26 / 94 of 1 February 1994 .

As regards recognition of occupational diseases, only
the Commission recommendation of 22 May 1990
( 90 / 326 / EEC ) is relevant ( 2 ). Annex I to the
recommendation contains a European schedule of
occupational diseases including ' diseases due to
overstraining of the tendon sheaths ' ( under section 5

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 33

' Diseases caused by physical agents '). However, this text is
not legally binding upon the Member States .

( 1 ) OJ No L 183, 29 . 6 . 1989 .

( 2 ) OJ No L 160, 26 . 6 . 1990 .

WRITTEN QUESTION P-3211 / 95

by Heidi Hautala ( V )

to the Commission

( 21 November 1995 )

( 96 / C 109 / 61 )

Subject : Community standards for fluoride content in

WRITTEN QUESTION E-3205 / 95 drinking water

by James Fitzsimons ( UPE )

to the Commission

( 29 November 1995 )

( 96 / C 1 09 / 60 )

Subject : Inclusion of competitiveness as a Treaty
objective

The moderate to high fluoride content of groundwater in
south-eastern Finland is a result of a special fluoride-rich
rock type, rapakivi-granite . It forms the bedrock of the
whole area of the Kymenlaakso region . Average fluoride
content in groundwater in loose deposits of the Salpausselkà
formation overlying the bedrock vary from 1,0 to 2,0 mg / 1 .
The fluoride content of the groundwater in bedrock can be
as high as 8 mg / 1 .

What are the Commission's views on UNICE's proposal to
define competitiveness as a Treaty objective on par with, for
example, economic and social cohesion and employment ? The fluoride content of groundwater in this part of Finland
is strongly linked to the time the groundwater has been
present in the formation . ' Thus, groundwater which,
according to EU standards, would be unsuitable for

Answer given by Mr Santer drinking water usage, represent the best preserved parts of
on behalf of the Commission the groundwater resources in south-eastern Finland .

Altogether there are resources for at least one million people

( 29 January 1996 ) in the Salpausselkà formation alone .

Answer given by Mr Santer
on behalf of the Commission

( 29 January 1996 )

The Commission believes that competitiveness is a vital
prerequisite for achieving one of the main objectives of the
Community, that is to promote balanced and sustainable
economic and social progress ( see Article B of the Treaty on
European Union ). It takes the view, which it expressed in its
White Paper of 1993 ('), that competitiveness is essential to
guarantee growth and employment in the Community .

The concept of competitiveness is one of the key factors in
the definition and implementation of industrial policy, as
established under Article 130 of the EC Treaty, and of
Community activities and policies as a whole . It is also a
vital instrument in the pursuit of the objectives of the Treaty .
For example the policies on competition, research,
telecommunications and small businesses all have as

their main goal the improvement of the Community's
competitiveness in both micro-economic and macro ­
economic terms .

In these circumstances the Commission does not believe

there is any need to include competitiveness as one of the
specific objectives of the Treaty . It should remain first and
foremost an instrument for achieving those objectives .

(') COM(93 ) 700 .

Removing fluoride from groundwater causes ( in addition to
expense ) problems with the quality of treated water .
Another way of dealing with the problem is to dilute
untreated water with water from fluoride-poor sources —
mainly from surface waters . This method requires the
treated water to be purified with chemicals in order to avoid
bacteriological hazards . However, extensive research has
shown that chemical residues in these waters may pose a
serious threat to public health .

There is wide consensus in Finland concerning the
advantages of using fresh groundwater for drinking
purposes, and there is no evidence of threats to public health
caused by the use of natural groundwater in south-eastern
Finland, despite its fluoride content . The question therefore
arises whether the water quality from other sources less rich
in fluoride would be any better for public health on average
than water used in south-eastern Finland for drinking

purposes .

Has the Commission considered the harmful effects to

public health resulting from the application of Community
Directives concerning the fluoride content of drinking water
in the specific natural circumstances of south-eastern
Finland ?

No C 109 / 34 EN Official Journal of the European Communities 15 . 4 . 96

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 22 December 1995 )

The standards for the quality of water intended for human
consumption are laid down in Council Directive
80 / 778 / EEC ( 1 ). The Commission has recently published a
proposal for the revision of this Directive ( 2 ). In both these
documents the maximum permitted ( parametric ) value of
fluoride in drinking water is set at 1,5 milligrams per litre .
This is consistent with the value adopted by the World
Health Organization in guidelines for drinking water
quality published in 1993 .

The Commission is aware that there are several regions in
Europe where, due to naturally occurring levels of
substances or minerals, the parametric values will be
exceeded in water intended for human consumption .
Therefore in both the existing Directive and the proposal for

its revision, provision is made for Member States to derogate
from the parametric values for natural reasons, such as the
nature and structure of the ground, provided that this does
not constitute a danger to human health, and provided that
the supply of water cannot be maintained by any other
reasonable means .

In this case it is up to the Finnish authorities to decide
whether the specific circumstances pertaining to the
Kymenlaaselko region of south eastern Finland would meet
these criteria and whether or not a derogation should be
issued . However, in the long term, the Commission would
anticipate that the Finnish authorities will consider
treatment of the extracted ground water, to reduce the level
of fluoride to a more acceptable level .

(') OJ No L 229, 30 . 8 . 1980 .

( 2 ) COM(94 ) 612 .

WRITTEN QUESTION P-3232 / 95

by Karl von Wogau ( PPE )

to the Commission

( 29 November 1995 )

( 96 / C 109 / 62 )

Subject : The European firearms pass ( Directive
91 / 477 / EEC )

The ' Firearms Directive ', Directive 91 / 477 / EEC ( ] ),
introduced the European firearms pass . Whilst it has
resulted in Germany, for example, expressly permitting
hunters in possession of such a pass to enter its territory with
licensed weapons and the ammunition for them, without
obtaining prior authorization, other Member States,
including Ireland and the United Kingdom, require hunters
visiting their territory to obtain authorization .

Although these restrictive measures are allowed under the
Directive, they are not justified in the case of purely
temporary visits where there is no question of a permanent
change of residence or of bringing in firearms . Furthermore,
the Directive expressly allows the Member States to apply
flexible rules .

Does the Commission not take the view that this approach
goes against the spirit of the internal market ?

Does the Commission therefore intend to refer the matter to

the advisory committee on the coordination of matters
relating to the single market, and send the Member States in
question a formal reminder ( pursuant to Article 169 of the
EC Treaty ) to open their borders ?

(') OJ No L 256, 13 . 9 . 1991, p . 51 .

Answer given by Mr Monti
on behalf of the Commission

( 22 January 1996 )

Directive 91 / 477 / EEC lays down the rules applying to the
movement within the Community of persons who are in
possession of a firearm . The principle is that the person
concerned must obtain prior authorization from the
Member State of destination, such authorization being
entered in the European firearms pass for the firearm
concerned . There is a derogation for hunters and marksmen,
who need only be in possession of the pass and be able to
substantiate the reasons for their journey, in particular by
producing an invitation, in order to move within the
Community for hunting or target-shooting purposes ; in
other words, they need not apply for prior authorization
from the Member State of destination .

These special arrangements, which were designed initially to
facilitate the movement of hunters and marksmen, are
limited in their scope because they derogate from a
derogation : movement of hunters and marksmen under
cover of the pass alone is not allowed if the weapon
concerned is subject to authorization in the Member State of
destination . Since a large majority of Member States have a
weapons classification that is stricter than that set out in the
Directive ( this being permissible under the Directive ), and
regard most hunting weapons as weapons requiring
authorization, travel to those Member States invariably
requires prior authorization, an administrative process
which is often time-consuming . In other words, the
movement of hunters under cover simply of a European
firearms pass is facilitated only to a limited extent, i.e . in the
case of travel to a few Member States which either do not

require an authorization for hunting weapons generally or
require one for certain hunting weapons only .

The Commission is aware of the unsatisfactory nature of the
present situation, which, it must be recalled, stems from the
fact that, when talks were under way with a view to
adoption of the Directive, some Member States did not feel
that they could allow hunters ( or marksmen ) to enter their
territory simply under cover of a European firearms pass .
The Commission is not in possession of any information
which suggests that this unsatisfactory situation is remedied

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 35

by Member States invoking their right under the Directive to
provide, by way of bilateral or multilateral mutual
recognition agreements, for more flexible arrangements for
movement with firearms within their territories .

When it has completed its scrutiny of the national measures
transposing the Directive, the Commission will, in the light
of its findings, look into ways of rectifying the shortcomings
of the present situation and of helping to bring about what is
called for in one of the recitals of the Directive, namely that
' more flexible rules should be adopted in respect of hunting
and target shooting in order to avoid impeding the free
movement of persons more than is necessary '.

WRITTEN QUESTION E-3237 / 95

by Glyn Ford ( PSE )

to the Commission

(1 December 1995 )

( 96 / C 109 / 63 )

Subject : Prompt payment of social fund grants

In recognition of the apparently common difficulties, as
outlined in correspondence from Oldham Council for
Voluntary Service, highlighting the precarious position of
non-profit-making organizations part-way into committed
projects for which Commission funding is pledged but not
forthcoming, can the Commission say what urgent
measures it is taking to ensure that prompt payment
arrangements are to be introduced to improve the
Commission's performance as a financing agent in
future ?

Answer given by Mr Flynn
on behalf of the Commission

(8 January 1996 )

It is the responsibility of the Member State to pay
organizations which run projects supported by the
European Social Fund .

The Commission's responsibility is to pay to the Member
State in respect of each programme a first advance, a second
advance and the final claim . These payments are made when
the Commission has verified that the Member State's

requests for these payments are supported by the necessary
attestations that the appropriate proportion of previously
advanced monies has already been spent according to the
existing regulation .

Whilst it is a matter of concern to the Commission that

certain organizations in the United Kingdom have
experienced delays in receiving promised funding, the
solution lies in the United Kingdom authorities submitting
accurate payment requests on time .

WRITTEN QUESTION E-3243 / 95

by Maartie van Putten ( PSE )

to the Commission

(1 December 1995 )

( 96 / C 109 / 64 )

Subject : Hidrovia Paraguay-Paraná project

In March 1995 assessments were started into the technical

feasibility and environmental impact of the proposed
Hidrovia Paraguay-Paraná project in Bolivia, Brazil,

Paraguay, Uruguay and Argentina . Completion of the
assessments is scheduled for October 1996 .

1 . Can the Commission state in what manner the terms of

reference of these assessments provide for the
involvement of the local population, which includes
various indigenous peoples, fishers and small farmers,
whether or not through their non-governmental
organizations ?

2 . Is the Commission aware of the existence of a broadly
configured coalition of NGOs, academics, indigenous
inhabitants and others, called the Rios Vivos
Paraguay-Parana-Plata Coalition ?

3 . Can the Commission state whether, apart from the
above technical and environmental assessments,
research is also planned into the socio-economic impact
of the intended project on the local economies ?

4 . If such research is provided for, can the Commission
state what part the local population in the affected areas
is expected to play in that research ?

5 . If such research is not provided for, will the Commission
be prepared, in the context of its intended participation

( see Commission's answer to Question E-2157 / 95 ) (*) in
further assessments, to finance an assessment of the
socio-economic situation of the local population in the
area concerned and their priorities for socio-economic
development in the region ?

C ) OJ No C 66, 4 . 3 . 1996, p . 5 .

Answer given by Mr Marin
on behalf of the Commission

( 19 January 1996 )

1 . The study referred to by the Honourable Member was
presented to the Inter-American Development Bank ( IDB ).
The relevant terms of reference were passed to Parliament in
connection with the answer to Written Question E-2157 / 95
from Mr Kreissl-Dorfler . The impact on the human
environment is assessed in particular in sections 4.3.3.1,
4.3.3.2, 6.3.1, 6.3.2, 6.3.3 and 6.3.4 of the study .

2 . The Commission is fully aware of the existence of the
Rios Vivos Coalition, with its secretariat based in Campo
Grande in Brazil .

No C 109 / 36 | EN | Official Journal of the European Communities 15 . 4 . 96

3 . The IDB study also deals indirectly with
socio-economic effects . Everything points clearly to the
overall socio-economic impact being highly positive . The
economic history of Europe illustrates the powerful effect
on people's development of the numerous waterways, some
natural and others artificial, that are key features of the
geography of some Member States . It is no coincidence that
those Member States are the most prosperous .

Should it nevertheless prove necessary once the project is
under way to carry out further, more specific studies, then
obviously that will be done .

4 . In that event the impact on the local population would
evidently have to be taken into account .

5 . The Commission is kept constantly informed of
problems in all parts of Latin America, through its
delegations, the Member States ' embassies and contacts
with regional institutions and non-governmental
organizations . In this way the Commission was able to keep
the number of studies to a minimum, thus falling in with the
constraints imposed by the budget authorities .

WRITTEN QUESTION P-3260 / 95

by Honor Funk ( PPE )

to the Commission

( 29 November 1995 )

( 96 / C 1 09 / 65 )

Subject : Market organization in the cereals sector

Measures introduced in the cereals sector âs part of the 1992
CAP reform, and the continuing drought in some areas of
the EU, have resulted in lower cereal production, rising
market prices and a sharp drop in intervention stocks . The
situation has been exacerbated by the present relatively high
prices on the world market .

1 . What were the reasons for introducing a regulation that

has the same effect as an export levy ? Is it supposed to
safeguard a minimum level of cereal supplies, or just to
prevent a further market price rise in the EU ?

2 . What minimum supply levels of cereals are required in

the EU to ensure constant market supply, meet existing
commitments, e.g . under the food aid programme, and
provide a security reserve ?

3 . Does the Commission intend to fix minimum supply
levels in the cereals sector, or other agricultural
production sectors, as one of the criteria to be taken into
account in future market organization decisions ?

4 . What view does the Commission take of the positive

trend in market prices for cereals with regard to the
income situation of commercial fruit growers, and to
what extent is it prepared to support this price
trend ?

Answer given by Mr Fischler
on behalf of the Commission

( 12 December 1995 )

1 . Under Article 16 of the basic Regulation on cereals,

( EEC ) No 1766 / 92 ( 1 ), appropriate measures may be taken
when prices on the world market reach the level of
Community prices, thereby disturbing or threatening to
disturb the Community market . Under the Commission
implementing Regulation, an export tax is regarded as an
appropriate measure .

As the cereals sector is not integrated into the world market
but remains subject to a common organization of the
market, any uncontrolled exports could undermine the
objectives of such an organization, particularly that of
keeping consumers supplied at reasonable prices . It should
be remembered that, following a request from the Council at
its meeting of 25 and 26 September 1995, the Commission
undertook to use the instruments at its disposal to ensure
that, during the agricultural years 1995 / 96 and 1996 / 97,
market prices would be in line with the aims of the 1992
reforms and, therefore, that priority would go inter alia to
consumers and livestock farmers . The Commission can meet

these commitments only by selling intervention stocks on
the internal market and regulating exports to third
countries .

Given the low intervention stocks and the current world

market situation, the Commission must turn to export
controls . These will enable it to meet the commitments made

by the Council whilst also maintaining trade flows with the
Community's usual customers .

2 . The only instrument available to the Community for
conducting a grain stocks policy is intervention . Yet
intervention itself cannot be regarded as part of stocks
policy since the Commission's role as a purchaser is passive .
The only active part the Community plays regarding stocks

is at the time of resale .

In principle, therefore, it is the market that must act as a
stock-regulating instrument which permanently guarantees
sufficient supplies for users, and export policy has to take
this into account . In this context a stock of some 20 million

tonnes is regarded as appropriate .

There is no specific policy regarding stocks for use as food
aid since such aid can be provided equally well from the

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 37

open market, from intervention stocks or from the world
market .

3 . The Commission has no intention of establishing
minimum intervention stocks as this would imply an active
policy of buying in the market, an instrument for which
there is no provision in the common organization of the
cereals market . Minimum stocks therefore have to be

guaranteed by proper regulation of exports .

4 . As already indicated, the Commission has undertaken
to guarantee supplies to the internal market at reasonable
prices .

Present price levels cannot be regarded as normal and, if the
situation continues, there is a danger that it will undermine
achievement of the aims of the 1992 reforms .

In this context the Honourable Member is reminded that the

reforms included the introduction of a system of
compensatory payments as a quid pro quo for lower
guaranteed prices, which themselves were intended to make
Community grains more competitive both in the internal
market and when exported .

in fact adopted on 20 November as Regulation ( EC )
No 2719 / 95 0 ).

As it did not come into force until 28 November the

Commission has as yet no particulars of Member States '
plans for allocating money from the FIFG to socio-economic

measures .

While the new Regulation extends the scope of the FIFG it
does not make the joint financing of socio-economic
measures mandatory . The discretionary nature of spending
is the rule for measures under all the Structural Funds,
the FIFG not excepted .

(') OJ No L 283, 25 . 11 . 1995 .

WRITTEN QUESTION E-3291 / 95

by José Apolinârio ( PSE )

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

(9 December 1995 )

( 96 / C 109 / 67 )

WRITTEN QUESTION E-3270 / 95 Subject : Régulation ( EEC ) No 2159 / 89

by Veronica Hardstaff ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 109 / 66 )

Subject : Support for fishermen

In the light of the UK Government being the only Member
State to vote against the proposal ( J ) for a Council
Regulation amending Regulation ( EC ) No 3699 / 93 ( 2 )
which laid down the criteria and arrangements regarding

Community structural assistance for fishing, could the
Commission produce a table showing national supports and
aid available to fishermen in each Member State ? Does the

Commission agree that lack of uniformity in this respect
does not create a level playing field for fishermen who are
competing under the CFP ?

(!) COM(95 ) 55 final, OJ No C 85, 7 . 4 . 1995, p . 3 .

( 2 ) OJ No L 346, 31 . 12 . 1993, p . 1 .

Answer given by Mrs Bonino

on behalf of the Commission

( 11 January 1996 )

The proposal for a Regulation amending Regulation ( EC )
No 3699 / 93 to which the Honourable Member refers was

In view of the Commission's reply to my Written Question
E-1601 / 93 ( 1 ) I should be grateful for detailed, up-to-date
information on the implementation of Regulation ( EEC )
No 2159 / 89 ( 2 ), showing the amounts spent in each Member
State in each year and for each producer organization .

(') OJ No C 332, 28 . 11 . 1994, p . 7 .

( 2 ) OJ No L 207, 19 . 7 . 1989, p . 19 .

Answer given by Mr Fischler
on behalf of the Commission

( 30 January 1996 )

The Honourable Member will find below, broken down by
Member State and by year, Community spending ( in million
ECU ) under the special measures for nuts and locust beans
established by Council Regulation ( EEC ) No 789 / 89 f 1 )
amending Regulation ( EEC ) No 1035 / 72 ( 2 ), the
implementing rules for which are set out in Regulation

( EEC ) No 2159 / 89 laying down detailed rules for applying
the specific measures for nuts and locust beans, and the
working capital for producer organizations .

Additional expenditure on promotion is not broken down
by Member State .

No C 109 / 38 EN Official Journal of the European Communities 15 . 4 . 96

( million ECU )

Member State 1990 1991 1992 1993 1994 1995

Spain 34,2 34,7 43,5 78,9 86,1 73,15

France 0 0 1,7 1,7 2,2 1,45

Italy 0 0 0 0 0 0

Greece 0 0 0 0 0 0

Total 34,2 34,7 45,2 80,6 88,3 74,6

Promotion 0 0,9 1,1 0,6 1,8 1

C ) OJ No L 85, 30 . 3 . 1989 .

( 2 ) OJ No L 118, 20 . 5 . 1972 .

WRITTEN QUESTION P-3296 / 95

by Carmen Dîez de Rivera Icaza ( PSE )

to the Commission

(1 December 1995 )

( 96 / C 109 / 68 )

Subject : Integrated solutions to the problem of
environmental protection around airports
primarily serving tourism

Besides the serious problems of noise nuisance and air
pollution caused by aircraft movements around airports,
it is important not to forget the impact of all the
complementary activities directly associated with airport
operations : pollution caused by airport vehicle movements,
pollution of the soil, subsoil and groundwater, the problem
of the recycling and destruction of waste from catering and
aircraft maintenance, and the external phenomenon of
traffic congestion at peak seasons and hours .

Does not the Commission consider it necessary to promote
an initiative to study and propose integrated methods of
protecting the environment at airports ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 22 December 1995 )

The Honourable Member is perfectly right to stress that the
environmental impact of airports and their surroundings is
not solely restricted to noise nuisances nor to atmospheric
pollution, and that all activities in those areas are likely to
generate various forms of pollution and nuisance .

However, the Commission does not feel that the solution to
this problem lies in the preparation of a Directive which,
following studies, puts forward an integral solution to the
protection of airport environments .

The Commission would remind the Honourable Member

that airport building is covered by Annex I to Council
Directive of 27 June 1985 on the assessment of the impact of
certain public and private projects on the environment (*)
and that it is thus compulsorily subject to an impact
assessment and to consultation of the public and of the
environmental authorities .

The Commission feels that the provisions of that Directive,
which will be further boosted by the Council's adoption of
the proposed amendment ( 2 ) currently being examined, are
sufficient for an integral solution to be found to the
problems arising from such facilities .

So far the Commission's approach to this issue has (') OJ No L 175, 5 . 7 . 1985 .
comprised carrying out studies and proposing solutions in ( 2 ) COM(93 ) 575 — OJ No C 130, 12 . 5 . 1994 .
the form of a series of Directives whose scope is confined to
direct pollution from aircraft, without ever considering an
integrated, overall approach to airports, particularly those
used for charter flights .

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 39

WRITTEN QUESTION E-3303 / 95

by Miguel Arias Cañete ( PPE )

to the Commission

(9 December 1995 )

( 96 / C 109 / 69 )

Subject : Impact on Community agriculture of the
concessions on new potatoes granted to Morocco
in the framework of the new association

agreement

The recent association agreement between the EU and the
Kingdom of Morocco includes substantial concessions to
Morocco relating to sensitive products, including new

potatoes .

Can the Commission provide an assessment of the future
impact of these concessions on producers in the
Community, and state whether it intends to approve any
compensatory measures ?

Answer given by Mr Fischler
on behalf of the Commission

1 . When certain vehicles are temporarily imported into the

Community for private use as referred to in Article 3 of
the Directive, is a tax exemption granted only in respect
of one private car or for more than one ? Does the
Directive differentiate with regard to the number of cars
which may be temporarily imported tax-free according
to whether they are for private or professional use ?

2 . Does the Directive impose a specific obligation on the
appropriate Greek authorities not to place statutory
limits on the simultaneous temporary tax-free
importation of more than one car for private use by the
same person ?

3 . Is it possible for a subordinate to invoke Articles 3 and 9
of the Directive against the administration before a
national court on the grounds that, in his view, a
statutory provision is incompatible with the EU
Directive ?

4 . In the present case, is the imposition of an additional
charge of 100% of the duty due compatible with the
Community principle of proportionality ?

(8 January 1996 ) (•) OJ No L 105, 23 . 4 . 1983, p . 59 .

The Honourable Member should note that the recent

concessions to Morocco concerning new potatoes will have
virtually no effect on Community production .

This is because the concessions apply only during the period
of the year in which European production, for climatic
reasons, is unable to meet Community demand .

Moreover, in the absence of a common organization of the
market for potatoes, the Commission is not in a position to
approve possible compensatory measures for potato

growers .

WRITTEN QUESTION E-3318 / 95

by Reimer Bôge ( PPE )

to the Commission

( 13 December 1995 )

( 96 / C 109 / 70 )

Subject : Council Directive 83 / 182 / EEC of 28 March 1983

on tax exemptions within the Community for
certain means of transport temporarily imported
into one Member State from another

On 16 July 1991 a German citizen crossed the border into
Greece at Doirani in a vehicle belonging to his business . The
Greek authorities seized the vehicle and in addition levied a

customs fine of Dr 13 664 010 .

With regard to the interpretation of the above Directive

83 / 182 / EEC ( J ), I would ask the Commission :

Answer given by Mr Monti
on behalf of the Commission

( 18 January 1996 )

The Commission presumes that the Honourable Member is
referring to a dossier that it had the opportunity of studying
in its collaboration with Parliament's Committee on

Petitions ( Petition No 329 / 94 ). The case did indeed involve
the successive introduction of two cars into Greek territory,
and it should be noted that the cars were brought in under
the Greek provisions permitting the extension of the
six-month time limit for the exemption provided for by
Council Directive 83 / 182 / EEC of 28 March 1983 on tax

exemptions within ' the Community for certain means of
transport temporarily imported into one Member State
from another .

This being so, the Commission would make the point that
the following answers to the Honourable Member's four
questions are not necessarily directly relevant to the dossier
as it was presented in the petition mentioned above .

1 . The Commission believes that Articles 3 and 4 of the

Directive do not rule out the introduction, necessarily
successive, of more than one car by a single user .

2 . The possibility of successively introducing two cars into
the territory of a Member State obviously must not have
as its aim or consequence a violation of the provisions of

No C 109 / 40 EN Official Journal of the European Communities 15 . 4 . 96

the Directive on conditions for granting exemption and
especially on limiting its length ( first paragraph of
Article 3, and Article 4(2 )).

3 . Yes .

4 . The Directive says nothing specific about the fines which

may be imposed by Member States should the individual
benefiting from the exemption fail to comply with the
conditions of use . The Commission's view is that a fine

equal to the total tax due is not out of line with the
principle of proportionality .

WRITTEN QUESTION E-3322 / 95

by Shaun Spiers ( PSE )

to the Commission

( 13 December 199 S )

( 96 / C 109 / 71 )

footing . The terms of reference of this committee state that it
shall give its opinion to the Commission on all problems
relating to the enforcement of Community law on health
and safety at work and propose any initiative to encourage
effective enforcement in particular by means of a closer
cooperation between the national labour inspection
systems . In this regard the committee shall define common
principles of labour inspection in the field of health and
safety at work .

As far as Directive 90 / 269 / EEC is concerned the United

Kingdom has communicated to the Commission texts of
national legislation implementing the Directive . The
Commission is now checking these texts against the
Directive .

(>) OJ No L 188, 9 . 8 . 1995 .

WRITTEN QUESTION E-3323 / 95

by Bryan Cassidy ( PPE )

to the Commission

( 13 December 1995 )

Subject : Implementation of health and safety legislation ( 96 / C 109 / 72 )

In view of the commendable intention to ensure that

Community health and safety Directives are enforced
effectively and impartially in Member States, as stated
in the Commission's communication on a Community
programme concerning safety, hygiene and health at
work ('), what measures have been taken to ensure the
implementation in the United Kingdom of Council Directive
90 / 269 / EEC ( 2 ) on the minimum health and safety
requirements for the manual handling of loads where there
is a risk particularly of back injury to workers ?

i 1 ) COM(95 ) 282 final — OJ No C 262, 7 . 10 . 1995, p . 18 .

( 2 ) OJ No L 156, 21 . 6 . 1990, p . 9 .

Subject : Torture of Guatemalan street children

Following the publication of the Report to the UN
Committee against the torture of Guatemalan street
children, will the Commission take action on this report and
follow up with the relevant government officials in
Guatemala City ?

More than 30 cases of torture and cruel or inhumane

treatment of street children in Guatemala are documented in

this report . Many cases go without almost any legal recourse
or adequate investigation by the authorities .

Answer given by Mr Flynn Answer given by Mr Marin
on behalf of the Commission
on behalf of the Commission

( 12 January 1996 ) ( 30 January 1996 )

As stated in the Commission's communication on a

Community programme concerning safety, hygiene and
health at work the enforcement of Community legislation
falls within the competence of Member States .

In order to ensure an effective and equivalent enforcement
of national legislation transposing Community health
and safety Directives while respecting the principle of
subsidiarity, the Commission decided on 12 July 1992 ( J ), to
place the senior labour inspectors committee on a formal

In view of the large number of street children in Guatemala,
the Community has over the last five years funded several
initiatives run by NGOs or public bodies aimed at tackling
violence perpetrated against children . These initiatives
include legal and medical assistance, along with training for
young people, the security forces and staff at centres for
young delinquents . A sum of ECU 1,8 million has been made
available .

Building on those schemes already financed at the
Commission's instigation and on the experience gained, the

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 41

PDV / ALA Committee approved a major programme ( worth
ECU 2,5 million ) in June 1994 to help street children in
Guatemala City . The financing agreement was signed in
Guatemala on 6 April last year by the human rights
ombudsman and the schemes will get off the ground early
this year .

Much remains to be done though, particularly as regards
training the national police and private police forces, to
avoid any recurrence of the kind of regrettable act cited by
the UN Committee against Torture in its report .

It should be stressed that the report covers the last five years ;
although serious infringements of children's rights are still
occurring there has been a marked improvement .

The Commission will continue to make the Guatemalan

authorities aware of its condemnation of human rights
abuses, including violence against minors, and will also at all
levels — in conjunction with the Member States and the UN
observer mission in Guatemala ( Minugua ) — do all it can to
strengthen State structures designed to protect human rights
while entrenching democratic institutions and the rule of
law .

WRITTEN QUESTION E-3326 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

( 13 December 1995 )

( 96 / C 109 / 73

the commitment of Guatemalan society to this process are as
follows :

Measures to help refugees, displaced persons and
demobilized fighters return to their homes and resume
normal economic and social life will be continued . Activities

in the areas to which people are returning will centre on
promoting a climate conducive to the sustainable
development of the local communities, avoiding creating
situations of privilege and resentment that might provoke
renewed conflict .

Given that the cohesion and consolidation of the new

society provided for in the peace agreements hinges on the
participation of all sectors of civil society in the construction
of democracy, backing will be given to projects fostering
interaction between the different elements of civil society
and their involvement in analysing, defining, solving and
deciding local, regional and national questions . Special
attention will be given to demilitarization, which is the
concomitant of peace and national reconciliation, in order
to develop a culture of peace and cooperation between
different levels of political action .

Building a peace and arriving at a model for democratic
participation consistent with the country's diversity entails
both modernization of the State and the consolidation of the

rule of law . T o that end, measures will be backed to improve
the services and activities of the judiciary and the police,
whose functions and spheres of responsibility will be
defined anew as a democracy is built . The modernization of
the State will see backing for efforts to establish the
conditions necessary for the effective implementation of
social policies . There will in particular be :

Subject : The peace process in Guatemala — programmes to help the Ministry of Finance collect taxes
properly ;

What strategy is the Commission drawing up in order to
reinforce the peace process in Guatemala ?

In the Commission's view, how can the commitment of
Guatemalan society to the peace process in that country be
more effectively backed up ?

— measures aimed at enhancing the ability of ministries

such as the ministries for health, education and
agriculture and the Secretariat-General for Economic
Planning to draft and implement sectoral policies ;

— projects to foster the decentralization of
decision-making and financial management, notably in
the form of back-up for the regionalization and
Answer given by Mr Marin decentralization of the administration and for sectoral
on behalf of the Commission policy coordination at departmental level .

( 18 January 1996 )

The main lines of the strategy being drafted by the

Commission to help Guatemala through the process of
restoring democracy and national reconciliation and bolster

Combating poverty and backing sectoral policies will entail
support for social policy in the areas of health, education
and vocational training . This basic development investment
will take the form of :

No C 109 / 42 EN Official Journal of the European Communities 15 . 4 . 96

— extending and improving health provision, with priority

being given to preventive medicine and primary health
care in rural areas, particularly isolated and
poorly-served areas and poor urban districts ;

— extending and improving basic education by helping

achieve universal basic education ( for children and
adults ) and assisting the development of bilingual
education ;

— vocational training, where there will be backing for the

drafting and implementation of policies geared to
creating employment and providing the country with the
human resources needed for the development of small
and medium-sized enterprises in all sectors of the

economy .

WRITTEN QUESTION E-3327 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

( 13 December 1995 )

( 961 C 109 / 74 )

Subject : Indigenous peoples in Costa Rica

Does the Commission have any information concerning the
extent to which indigenous peoples living in Costa Rica are
respected when EU co-funded development projects are
implemented ?

Does the Commission possess an objective assessment of the
effect of these projects on the indigenous peoples in
question, particularly with regard to environmental
projects ?

Does the Commission consult these peoples when it puts
forward or supports a specific project which could affect
them ?

The programme has three specific objectives : to support and
help reinforce the collective and individual identity of the
indigenous peoples, promote their representation and
involvement in public life at local, national and regional
level, and help stimulate their economy .

The Commission has also adopted a project for the
integrated sustainable development and self-development of
Costa Rica's Bri-Bri and Guaymi peoples ( ECU 146 817 ).
Financed under the budget heading for non-governmental
organizations, this project is being conducted in partnership
with the UK NGO Care .

As the identification reports bear out, indigenous peoples
have been closely involved in drawing-up and designing
both projects . Monitoring and evaluation will show
whether the basic principles and approach of these projects,
which have been designed by and for the indigenous
peoples, are being respected in practice .

WRITTEN QUESTION E-3328 / 95

by Carmen Fraga Estévez ( PPE )

to the Commission

( 13 December 1995 )

( 96 / C 109 / 75 )

Subject : Common organization of the market in

potatoes

In its written reply to Question No H-691 / 95 ( 1 ), the
Council stated that the Commission has submitted a
proposal for setting up a common organization of the
market in the potato sector, which is currently blocked .

Can the Commission state the salient features of this

proposal, and tell me when the text is to be forwarded to the
European Parliament for consultation ?
Answer given by Mr Marin
on behalf of the Commission

( 1 ) European Parliament debates, No 4 ( November 1995 ).
( 18 January 1996 )

As far as the Commission knows, none of the development
projects currently being backed in Costa Rica is adversely
affecting the country's indigenous peoples . Indeed, the
Commission is financing a number of schemes to improve
their lot . It has, for example, adopted a special programme
to support the development of Central America's
indigenous peoples . This programme, to which the
Community has contributed ECU 7,5 million, is intended to
help defend the rights, values and collective identity of
indigenous peoples in Costa Rica and other countries of
Central America .

Answer given by Mr Fischler
on behalf of the Commission

(9 January 1996 )

In November 1992 the Commission submitted a proposal to
the Council for the establishment of a common organization
of the market in the potato sector involving common quality
standards, the setting up of producer groups and provision

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 43

for import licensing in the event of destabilization of the WRITTEN QUESTION E-3452 / 95
Community market ( 1 ). by Pavlos Sarlis ( PPE )

to the Commission

We would point out to the Honourable Member that the
Commission delivered its opinion on the draft in April
1993 .

(') COM(92 ) 185 .

WRITTEN QUESTION E-3330 / 95

by Elly Plooij-van Gorsel ( ELDR )

to the Commission

( 13 December 1995 )

( 96 / C 109 / 76 )

Subject : Older women and the Fourth Action Programme

on Equal Opportunities

The Platform for Action adopted by the UN Women's
Conference in Beijing referred to older women .

1 . Does the Commission consider that the Fourth Action

Programme on Equal Opportunities devotes sufficient
attention to the needs of older women ?

2 . How does the Commission intend to implement the

recommendations of the Beijing conference with regard
to older women ?

Answer given by Mr Flynn
on behalf of the Commission

(5 February 1996 )

The Commission is fully aware of the particular difficulties
that are faced by older women, and has been active in
pursuing solutions . The Commission's white paper on social
policy underlines the active contribution of older people to
our European society, and several studies have highlighted
problems in specific areas, for example access to the labour
market .

The fourth action programme on equal opportunities takes
an integrated approach to the promotion of equal
opportunities . One of the main objectives of the
Commission's proposal for a Council Decision on
Community support for actions in favour of older people
is to promote best practice with regard to improving the
situation of older women . This proposal has not yet been
adopted by the Council .

(') COM(95 ) 53 final .

( 18 December 1995 )

( 961 C 109 / 77 )

Subject : Irregularities in regard to Community-funded

projects in the prefecture of Ioannina

As part of an overall Community-funded project for 'a
water supply system for the town of Ioannina and the 200
communities of the Ioannina Basin, the enhancement of lake
Pambotis and irrigation of the region ', the Ministry of the
Environment, Regional Planning and Public Works has
embarked on a more limited project for an ' ancillary water
supply system for the rest of the villages of the Ioannina
Basin and enhancement of Lake Pambotis '.

In other words, providing a water supply system for the
town of Ioannina is not now part of the project nor will it
meet the needs of all the communities of the Ioannina Basin

for water .

Moreover, the project is being carried out in such a way that
there is a risk of it being flooded by water from a reservoir
forming part of a hydro-electric complex being built by the
Greek Electricity Board, DEI, on the River Arachthos, which
is also funded by the Community .

In the light of the above, will the Commission say :

1, why work has been restricted to only a small part of the
original project and whether it approves of that,

2, whether it is aware of the risk that the works may be

flooded by water from another Community-funded
project, and

3, whether Directive 85 / 337 / EEC ( 1 ), which provides for

publication of the environmental impact study in due
time to allow public scrutiny, has been correctly
applied ?

0 ) OJ No L 175, 5 . 7 . 1985, p . 40 .

Answer given by Mr Fischler
on behalf of the Commission

( 17 January 1996 )

As it has already stated in its answers to written questions
Nos E-1843 / 95 by Mr Papayannakis ( J ) and E-1622 / 95 by
Mr Kaklamanis on the same subject ( 2 ), the Commission has
already written to the Greek authorities asking them for
information enabling it to assess those aspects of the project
subject to Community legislation and also certain

No C 109 / 44 EN Official Journal of the European Communities 15 . 4 . 96

technical / economic aspects to do with possible alternative
solutions . According to the information it possesses, work
on the part of the projects submitted for Community
co-financing by the EAGGF, Guidance Section, under the
support framework for Greece, has been halted since the
exchange of correspondence with the Greek authorities and,
as far as we know, there do not seem to be any particular
problems as regards compliance with Directive
85 / 337 / EEC .

However, the Commission is aware of the technical and
economic complexity of the project, which should be seen as
a whole, in the context of an overall plan for the
management of the Lake Pambotis basin . This would entail
a different approach, and this also applies to Community
co-financing, given that such a project would seem to fall
outside the ambit of the EAGGF as it is a multidisciplinary
complex . Moreover, its cost is probably prohibitive for
that fund . Accordingly, and without prejudice to the

Commission's final position on the Pambotis project, there
is serious scepticism as regards its funding by the EAGGF .
This being so, the Commission could ask for a special expert
study to be carried out, where appropriate as part of the
arrangements for monitoring the operational programme
under which the project in principle falls .

(•) OJ No C 311, 22 . 11 . 1995 .

( 2 ) OJ No C 270, 16 . 10 . 1995 .

WRITTEN QUESTION E-3455 / 95

by Winifred Ewing ( ARE )

to the Commission

( 18 December 1995 )

(9 6 ! C 109 / 78 )

Subject : Screening Phare advisers or experts

In the frame of the Phare-project a great number of
temporary advisers or experts have been appointed by the
Commission .

Has the Commission knowledge of the allegation that one
such adviser or expert at the Phare Project Implementation
Unit ( PIU ) of LIS — located at the Ministry of Physical
Planning and Construction in Poland — was recently
dismissed for selling information ? The allegation is that this
adviser or expert sold confidential information on the
project, the competitors, future actions, . . . to a German
photogrammetric company in Munster .

Will the Commission investigate ? If the allegations are

found to be true, what action will be taken ?

What action will be taken against companies which were
favoured by such behaviour ?

Does the Commission, before appointing such advisers or
experts, make any investigation of criminal records and does
the Commission ask for a certificate of good conduct before
recruitment ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 14 February 1996 )

The Commission was aware of the dismissal of a Polish

national expert employed by the programme monitoring
unit ( PMU ) of the LIS programme at the Ministry of
physical planning and construction in Poland . The expert
had himself taken the initiative to inform the Ministry that
he had developed close connections with a German aerial
photogrammetry company . The expert resigned from the
evaluation committee at the time that the various offers, as a
result of a competitive tender, were examined, in line with
Phare rules and procedures .

The expert, who was professor at the Technical University
of Warsaw and who had been selected following a
competitive recruitment process for his considerable
experience in photogrammetry, was therefore no longer able
to perform his duties as an independent adviser, in line with
his terms of reference . Notice was served on his contract on

7 July 1995 and he ceased all activity at the PMU on
31 October 1995 .

The company concerned did not gain any advantage and
was not awarded the contract since it did not present the
economically most advantageous offer . The investigation
conducted by the Commission did not find any evidence or
proof of the allegations put forward by the Honourable
Member .

WRITTEN QUESTION E-3463 / 95

by Sebastiano Musumeci ( NI )

to the Commission

( 18 December 1995 )

( 96 / C 109 / 79 )

Subject : Antidumping measures for Sicilian oranges

Under the recent agreement between the European Union
and Morocco, approved by the Foreign Ministers,
Morocco's quota for exports of oranges to the European
Union is set at 300 000 tonnes at an entry price of ECU 275
in place of the previous ECU 369 .

The resulting fall in the price from approximately Lit
765 000 to approximately Lit 580 000 will inevitably
facilitate the entry into EU countries of Moroccan oranges
which will aggravate the crisis in the Italian citrus-fruit
sector, particularly in Sicily, where production and
marketing costs are extremely high .

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 45

What makes the agreement seem even more unfair is that the
entry price for the Clementine variety, of which 150 000
tonnes may be imported from Morocco, has been kept at
ECU 500 per tonne .

The agreement, which could herald similar ones with
Algeria, Tunisia, Egypt, Israel and Cyprus, clearly creates a
dumping regime which works to the sole advantage of
imports from outside the Community .

What steps does the Commission intend to take as a matter
of urgency to provide effective protection for Sicilian
citrus-fruit growers who have been so hard hit ?

WRITTEN QUESTION E-3465 / 95

by Francisco Lucas Pires ( PPE )

to the Commission

( 18 December 1995 )

(9 6 / C 109 / 80 )

Subject : ' Professional schools ' in the Member States of the

European Union

Does the Commission have any information on
' professional schools ' in the Member States and if so, could
it make lists of such teaching establishments available in the
interests of two-way information flows and exchanges
amongst schools of this type ?

Answer given by Mrs Cresson

Answer given by Mr Fischler on behalf of the Commission
on behalf of the Commission
(5 February 1996 )
( 18 January 1996 )

When negotiating with Morocco the arrangements for

imports of fruit and vegetables the Commission paid very
close attention to the situation on the Community market
for various products and sought to achieve a balanced
agreement taking ample account of the interests of
Community producers .

In the case of oranges and Clementines, the aim under the
Euro-Mediterranean Agreement concluded with Morocco
is to ensure that it can maintain its traditional trade flows .

The adjustment that has been made to the entry price is
contained within very strict quantitative limits .

This adjustment was necessary because, as a result of the
Uruguay Round multilateral trade negotiations, the
reference price system had been replaced by a system of
specific customs duties applied by reference to the entry
price . The price adjustment maintains, in any case, a
satisfactory level of protection for Community producers,
including orange growers . The entry price for oranges of
Moroccan origin has been set at the same level as the old
reference price ( ECU 275 / tonne ).

Adjustments are made within the limits of tariff quotas, the
quota for Clementines being 110 000 tonnes ( and not
150 000 tonnes ). Quotas are closely supervised to ensure
correct application of the Agreement .

The Agreements are unlikely to disturb the Community
market or to result in any drop in income for Community
producers that would require countervailing measures .

The Commission is sending both the Honourable Member
and the Parliament's General Secretariat a copy of the Petra
compendium . In this publication the Honourable Member
will find information not only on schools but also on
transnational projects developed within the context of the
Petra programme's European network of training
partnerships [ action programme for the vocational training
of young people and their preparation for adult and
working life ( Council Decisions 87 / 569 / EEC ( 1 ) and
91 / 387 / EEC ( 2 )) l .

0 ) OJ No L 346, 10 . 12 . 1987 .

( 2 ) OJ No L 214, 2 . 8 . 1991 .

WRITTEN QUESTION P-3466 / 95

by Susanne Riess-Passer ( NI )

to the Commission

(6 December 1995 )

( 961 C 109 / 81 )

Subject : Commission competition — Category A7 / A8 for

Austrian nationals

In the Commission's A7 / A8 competition for Austrian
nationals numerous objections were received from rejected
candidates . In addition, as well as the strikingly high
incidence of miscalculated marks in the Commission's

Decisions, there was an even more striking correlation
between the high number of examiners from the Foreign
Affairs Ministry and the high number of successful
candidates from the same Ministry .

1 . How many objections from rejected Austrian
candidates were received in the context of the selection

procedure in question ( Competition A7 / A8 )?

No C 109 / 46 EN Official Journal of the European Communities 15 . 4 . 96

2 . How many objections were acknowledged by the

Commission to be justified ?

3 . What is the numerical breakdown of Austrian

examiners from the various ministries and other public
institutions ?

4 . What is the numerical breakdown of applicants and

successful candidates from each ministry or other
institution ?

5 . Has the Commission looked into the many allegations
of manipulation which have been made ?

6 . How many written papers by Austrian candidates were

recorrected in this selection procedure ?

7 . What other steps does the Commission intend to take in

relation to this competition ?

Answer given by Mr Liikanen

on behalf of the Commission

( 15 January 1996 )

The competitions for administrators and assistant
administrators of Austrian nationality are now over and the
Commission is recruiting the first successful candidates .

Of the 1 109 candidates who took part in the four written
tests but were not admitted to the oral tests in accordance

with the conditions laid down in Official Journal No C 1 0 A,
four have lodged a complaint under Article 90 of the Staff
Regulations . These complaints are now being examined .

As the Commission has already pointed out in its answers to
Parliamentary questions by Mr Tindemans ( E-118 9 / 95 ) and
Mr Bertinotti ( E-1257 / 95 ) (*), the selection boards for the
Austrian, Finnish and Swedish competitions engaged
independent experts as examiners . The 92 examiners from
Austria were recruited from various areas of public life, for
example Ministries, the Audit Office, the Constitutional
Court, the Federal Chancellery, the Parliamentary Office,
the Presidential Office and universities .

As a rule the Commission does not have any statistics on the
present or previous employment of candidates taking part in
competitions . This also applies to the competitions
organized in connection with the accession of Austria,
Finland and Sweden .

Under the Staff Regulations the proceedings of selection
boards are secret . However, the Commission would point
out that selection boards are responsible for the final marks
awarded to candidates in all cases and that in this context

they have undertaken revision, where requested .

The Commission is also aware of allegations of irregularities
in previous competitions . It thoroughly investigates all such
allegations, provided they are based on tangible and
verifiable facts . However, the public allegations which have
so far been made in Austria are entirely unfounded .

0 ) OJ No C 222, 28 . 8 . 1995 .

WRITTEN QUESTION P-3467 / 95

by Luis Campoy Zueco ( PPE )

to the Commission

(6 December 1995 )

( 96 / C 109 / 82 )

Subject : Reform of the COM in asparagus

With regard to the reform of the COM in fruit and
vegetables, how will asparagus be dealt with ?

Is the Commission taking account of the vital importance of
the asparagus sector for certain regions, such as
Navarre ?

Answer given by Mr Fischler
on behalf of the Commission

( 11 January 1996 )

In drafting its proposal to the Council on reform of the
common organization of the market in fruit and vegetables

( Proposal for a Council Regulation on the common
organization of the market in fruit and vegetables and
proposal for a Council Regulation on the common
organization of the market in processed fruit and
vegetables ) (') the Commission did address the issue of
crops of particular regional importance facing strong
international competition, as in the case of asparagus from
Navarre .

In response to these problems the Commission called in its
proposals for the Council to authorize it to apply special
measures to promote and boost the competitiveness of such

crops .

Once the Council adopts the Commission's proposals it will
be possible to consider such measures, together with all
interested parties, provided they are temporary, structural in
nature and compatible with the Community's international
commitments .

(M COM(95 ) 434 final .

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 47

WRITTEN QUESTION E-3470 / 95

by Martin Schulz ( PSE ) and Yiannis Roubatis ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 109 / 83 )

Subject : Breakdown of EU-financed Moni Toplou
wind-power installations in Sitia, Crete

In the Moni Toplou windpark in Sitia, Crete, seventeen 300
kw wind-generators were installed in 1992 and came on
stream in 1 993 . The identical project had previously been set
up in Marmâri, Euboea . The manufacturer of the generators
is the Belgian firm HMS-Windmaster .

Financing, to the amount of some Drs 1 600 million ( 1991 ),
was split 50-50 with the EU . The contracts ran out in 1992 .
the generators, with an output of 300 kw, plus performance
regulation ( variable-pitch vanes ), have a rotor diameter of
25 m, a rotation speed of 52 revolutions per minute and a
hub height of 35 m .

One month after commissioning, in February 1993, cracks
began to appear on the flanges of the rotor vanes, making
three of the generators in Euboea unusable by November

1993 . For safety reasons, German Lloyds recommended in
January 1994 taking all 34 generators in both wind parks

out of service . The generators have remained inoperative to
this day . Between December 1994 and January 1995, all 34
generators had their vanes removed . The plant's managing
engineers, PPC ( Public Power Corporation ) employees, are
insisting on the vanes being replaced by proven, more
reliable versions, after establishing on a visit to a similar
installation in the Netherlands in the summer of 1994 that

exactly similar defects had presented there . The Belgian firm
was not, at the time of writing, prepared to replace the
installations .

Is the Commission prepared to establish whether, in
awarding the contract to the Belgian firm HMS ­
Windmaster, all tendering procedures were adhered to, and
to investigate whether EU funds have been squandered ? Is
the Commission further prepared to require the Belgian
supplier firm HMS-Windmaster to comply with its own
guarantee commitments ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 17 January 1996 )

The Commission has indeed co-financed the wind parks on
Euboea and Crete as part of the Valoren programme .

The Community has been apprised of the technical
programmes causing a partial or total breakdown of certain
wind parks in Greece . Although it is up to the national

authorities to ensure the smooth operation and use of the
investments cofinanced by the Structural Funds, the
Commission has already asked the responsible authorities
for detailed information on the state of all the wind parks
co-financed to date .

In the light of the information to be sent to it, the
Commission reserves the right to decide what measures to
take to ensure that Community funds already granted are

put to proper use .

WRITTEN QUESTION E-3478 / 95

by Joaquim Miranda ( GUE / NGL )

to the Commission

( 18 December 1995 )

( 961 C 109 / 84 )

Subject : Designation of place of origin

Various traditional Portuguese products ( cheeses, sausages,
etc .) are still in the position of having no Community
recognition of their designations of origin, despite the fact
that the latter have already been confirmed in Portugal and
the appropriate requests have been made to the appropriate
Community bodies within the framework of Regulation

( EEC ) No 2081 / 92 C ).

Can the Commission state the reasons for this situation and

in particular, say whether possible obstacles raised by other
Member States have contributed to it ?

( 1 ) OJ No L 208, 24 . 7 . 1992, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 10 January 1996 )

As a follow-up to the Commission's review of the
designations reported by the Member States and the
considerable volume of subsequent additions to that
information, a first draft Regulation containing a list of
designations considered to satisfy the requirements of
Regulation ( EEC ) No 2081 / 92 went before the regulatory
committee on geographical indications and designations of
origin in September 1995 .

All Member States are represented on this committee, which
meets twice a month . The basic problem for some Member
States is that they consider some of the designations in the
draft Regulation to have become generic and generic names
cannot be registered under the basic Regulation . The
committee is to deliver an opinion in the near future .

No C 109 / 48 EN Official Journal of the European Communities 15 . 4 . 96

WRITTEN QUESTION E-3485 / 95

WRITTEN QUESTION E-3486 / 95

Hiltrud Breyer ( V ) by Hiltrud Breyer ( V )

to the Commission to the Commission

by Hiltrud Breyer ( V )

to the Commission

(3 January 1996 )

(3 January 1996 )

( 96 / C 109 / 85 ) ( 96 / C 109 / 86 )

Subject : IMBC ( International Molecular Biology Centre )

and EMMA ( European Mutant Mouse Archive )

1 . What direct and indirect financial support do IMBC
and EMMA receive from the EU ?

2 . To what extent do the various Member States

participate financially, directly and indirectly, in these
institutions ' research projects ? In what context is the
Federal Republic of Germany involved ?

3 . Are other institutions and / or firms directly or
indirectly involved in the financing of these institutions
and / or in determining their objectives ?

4 . Who are the leaders of the various research projects ?
Are these scientists directly or indirectly financed by other
institutions and / or firms ?

Subject : Flora / fauna habitat Directive ( 92 / 43 / EEC ) in
relation to Schleswig-Holstein

1 . What action is the Commission taking in view
of the fact that, contrary to Directive 92 / 43 / EEC (*),
Schleswig-Holstein has not designated any new special
areas of conservation, although 7 % of the area of
Schleswig-Holstein should be designated as such ?

2 . What action is the Commission taking in view of the
fact that areas which should be designated in accordance
with the Directive referred to above have been set aside for

building ?

3 . Will the Commission prohibit any action that leads to
deterioration in the areas which are governed by this
Directive but have not been designated as special areas of
conservation ?

4 . Is the Commission considering the possibility of
bringing an action before the European Court of Justice
against the Federal Republic of Germany for failing to apply
Answer given by Mrs Cresson the Directive ?

on behalf of the Commission

( 26 January 1996 ) f 1 ) OJ No L 206, 22 . 7 . 1992, p . 7 .

1 . Neither the International molecular biology centre

( IMBC ) — which may refer to the International centre for
genetic engineering and biotechnology ( ICGEB ) — nor the
European mutant mouse archive ( EMMA ) are directly or
indirectly financially supported under the Community
research budget . However, a contract to support the
EMMA under the framework programme IV
' Biotechnology programme ' is currently under
negotiation .

2 . The formal proposers of the EMMA are the Consiglio
nazionale delle richerche ( CNR-Italy ) and the Centre
national de la recherche scientifique ( CNRS-France ) and the
facilities are provided by the CNR . The Max Planck
Institut-Gottingen is to provide technical assistance .

3 . The Commission is not aware of any additional
organizations with financial involvement in EMMA .

4 . The coordinator of the project is the CNR, which is
currently negotiating scientific, administrative and financial
aspects of a possible contract with the Commission . On the
conclusion of such a contract, the workplan and scientific
responsibilities will be fully disclosed to the public .

WRITTEN QUESTION E-3487 / 95

by Hiltrud Breyer ( V )

to the Commission

(3 January 1996 )

( 961 C 109 / 87 )

Subject : Flora / fauna habitat Directive ( 92 / 43 / EEC )

1 . What action will the Commission take in view of the

fact that very many Member States have so far failed to
designate their special areas of conservation pursuant to
Directive 92 / 43 / EEC, although the deadline expired in July

1995 ?

2 . What action is the Commission taking in view of the
fact that the only areas designated by the Member States are
those already defined as nature and landscape conservation
areas in their own legislation ?

3 . Will the Commission take legal action against the
dilatory Member States ?

4 . Will the Commission prohibit any action that leads to
deterioration in the areas governed by the Directive ?

15 . 4 . 96 I EN j Official Journal of the European Communities No C 109 / 49

Joint answer to Written Questions WRITTEN QUESTION E-3500 / 95
E-3486 / 95 and E-3487 / 95 t»y José Barros Moura ( PSE )
on given behalf by of Mrs the Bierregaard Commission to the, Commission _
( 26 January 1996 ) (3 January 1996 )

( 961 C 109 / 88 )

The designation of special areas of conservation pursuant to
Directive 92 / 43 / EEC on the conservation of natural habitats

and of wild fauna and flora ( the habitat Directive ) is to be
done in stages . Member States had to draw up, by June

1 995, a national list of appropriate sites for the natura 2000
network . On the basis of these lists, the Commission will
draw up the list of sites of Community importance within
the meaning of the habitat Directive not later than June

1998 . Once a site of Community importance has been
adopted, the Member State concerned must designate it as a
special area of conservation under the habitat Directive .
Designation must be completed by June 2004, it being
understood that the obligation to protect sites begins with
the inclusion of a site on the Community list . Designation
may take the form of statutory, administrative or
contractual measures .

There is therefore no obligaton as yet to designate areas
under the habitat Directive, either for Schleswig-Holstein or
for any other Land or region .

However, the deadline for drawing up the national lists has
passed . The Commission attaches great importance to
identification of the sites . It has therefore raised this subject
on several occasions in the Committee set up under the
habitat Directive and the number of Member States
submitting lists is increasing . However, if this approach fails
to have the desired effect, the Commission will avail itself
of the powers it has under the EC Treaty, in particular
Article 169 .

The provisions of the habitat Directive aimed at
guaranteeing the conservation of sites will not enter into
force until the list of Community sites has been adopted .
Until then, only the provisions concerning the protection of
species requiring strict protection are applicable . For these
species, the deterioration or destruction of breeding sites or
resting places in particular is prohibited .

The habitat Directive clearly states the scientific criteria on
which the choice of national sites is to be based . The fact that

a site already enjoys a certain degree of protection is of no
consequence . A bilateral consultation procedure between
the Member States and the Commission concerning the sites
on the national lists is provided for in exceptional cases . This
procedure is initiated if the Commission finds that a list of
national sites fails to mention a site hosting a priority species
or habitat which it considers to be essential for the

maintenance of that habitat or the survival of that

species .

Subject : Situation of Portuguese workers in the
Netherlands

Portuguese nationals in the Netherlands frequently
complain that the application of rules concerning
Community citizenship has contributed to a deterioration in
their situation, particularly regarding the right of residence
during periods of unemployment, support for associations,
access to information in their mother tongue and support
for mother-tongue schooling .

It appears that this is a consequence of immediate but purely
formal assimilation with Dutch citizens, without any
positive measures which might promote the integration of
Portuguese nationals — who are after all foreigners — into
the country . Many of these complaints point out that, as
regards the points mentioned above, the Portuguese
community is now treated less favourably than communities
from third countries and that, since this contravenes the
principle of equality, the feelings aroused within the
Portuguese community are far removed from the objectives
of European citizenship and European integration .

Can the Commission ask the Dutch authorities for

information regarding the measures taken to remedy this
situation ?

Answer given by Mr Flynn
on behalf, of the Commission

(5 February 1996 )

Portuguese workers employed in the Netherlands and the
members of their family are entitled to equal treatment with
Dutch workers in respect of any condition of employment
and work, in particular as regards remuneration, dismissal
and reinstatement or re-employment, as well as in respect of
social and tax advantages, access to training in vocational
schools and retraining centres ( Article 7 of Council
Regulation ( EEC ) No 1612 / 68 of 15 October 1968 ) C ).

Furthermore, according to Article 7 of Council Directive
68 / 360 / EEC of 15 October 1968, a valid residence permit
may not be withdrawn from a worker solely on the grounds
that he is no longer in employment because he is
involuntarily unemployed .

According to the information which the Dutch authorities
have made available, the Portuguese community in the

No C 109 / 50 EN Official Journal of the European Communities 15 . 4 . 96

Netherlands is a specific target group of the minorities or WRITTEN QUESTION
integration policy . This means that the Portuguese by Bryan Cassidy ( PPE )
community benefits from the positive measures aimed at to the Commission
integrating the members of minority groups resident in the
Netherlands . 1996

WRITTEN QUESTION E-3507 / 95

to the Commission

(3 January 1996 )

f 1 ) OJ No L 257, 19 . 10 . 1968 .

WRITTEN QUESTION E-3505 / 95

by Bryan Cassidy ( PPE )

to the Commission

(3 January 1996 )

( 96 / C 109 / 91 )

Subject : Standing Veterinary Committee

1 . Will the Commission list the names, nationalities and
occupations of the members of the Standing Veterinary
Committee ?

2 . Which budget line covers the activities of this
committee ?

( 96 / C 109 / 89 3 . What is the budget ?

Subject : Commission Décision No 2450 / 95 / ECSC and

Régulations ( EC ) No 2451 / 95 and ( EC ) WRITTEN QUESTION E-3508 / 95
No 2474 / 95

by Bryan Cassidy ( PPE )

to the Commission

1 . Will the Commission publish the names, Member
State origin and present posts in their countries of
origin of the members of the Advisory Committees
referred to in Commission Decision No 2450 / 95 /
ECSC ( 1 ) and Regulations ( EC ) No 2451 / 95 ( 2 ) and ( EC )
No 2474 / 95 ( 3 )?

2 . Under which line of the budget do these committees
come ?

3 . What is the budget for each of these committees ?

(3 January 1996 )

( 96 / C 109 / 92 )

Subject : Management Committee for Sugar

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Sugar ?

2 . Which budget line covers the activities of this
committee ?
(!) OJ No L 252, 20 . 10 . 1995, p . 2 .

( 2 ) OJ No L 252, 20 . 10 . 1995, p . 9 .

( 3 ) OJ No L 255, 25 . 10 . 1995, p . 11 3 . What is the budget ?

WRITTEN QUESTION E-3506 / 95

WRITTEN QUESTION E-3509 / 95

by Bryan Cassidy ( PPE )

by Bryan Cassidy ( PPE )
to the Commission

to the Commission

(3 January 1996 )

(3 January 1996 )

( 96 / C 109 / 90 ( 96 / C 109 / 93 )

Subject : Management Committee for Wine

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee

for Wine ?

2 . Which budget line covers the activities of this
committee ?

Subject : Management Committee for Cereals

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Cereals ?

2 . Which budget line covers the activities of this
committee ?

3 . What is the budget ? 3 . What is the budget ?

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 51

WRITTEN QUESTION E-35 10 / 95

WRITTEN QUESTION E-35 13 / 95

by Bryan Cassidy ( PPE )

Bryan Cassidy ( PPE ) by Bryan Cassidy ( PPE )

to the Commission to the Commission

to the Commission

( 3 January 1996 )

(3 January 1996 )

( 96 / C 109 / 94 ) ( 96 / C 109 / 97 )

Subject : Management Committee for Beef and Veal

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Beef and Veal ?

2 . Which budget line covers the activities of this
committee ?

Subject : Management Committee for Spirit Drinks

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Spirit Drinks ?

2 . Which budget line covers the activities of this
committee ?

3 . What is the budget ? 3 . What is the budget ?

WRITTEN QUESTION E-35 1 1 / 95

WRITTEN QUESTION E-35 14 / 95

Bryan Cassidy ( PPE ) by Bryan Cassidy ( PPE )

to the Commission to the Commission

by Bryan Cassidy ( PPE )

to the Commission

(3 January 1996 )

(3 January 1996 )

( 96 / C 109 / 95 ) ( 96 / C 109 / 98 )

Subject : Management Committee for Oils and Fats

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Oils and Fats ?

2 . Which budget line covers the activities of this
committee ?

Subject : Management Committee for Bananas

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Bananas ?

2 . Which budget line covers the activities of this
committee ?

3 . What is the budget ? 3 . What is the budget ?

WRITTEN QUESTION E-35 12 / 95

WRITTEN QUESTION E-35 1 5 / 95

by Bryan Cassidy ( PPE )

Bryan Cassidy ( PPE ) by Bryan Cassidy ( PPE )

to the Commission to the Commission

to the Commission

(3 January 1996 )

(3 January 1996 )

( 96 / C 109 / 96 ) 96 / C 109 / 99

Subject : Management Committee for Fresh Fruit and

Vegetables

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Fresh Fruit and Vegetables ?

2 . Which budget line covers the activities of this
committee ?

Subject : Management Committee for Milk and Milk
Products

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Milk and Milk Products ?

2 . Which budget line covers the activities of this
committee ?

3 . What is the budget ? 3 . What is the budget ?

No C 109 / 52 EN Official Journal of the European Communities 15 . 4 . 96

WRITTEN QUESTION E-3516 / 95

Joint answer to Written Questions
E-3505 / 95 to E-3516 / 95, E-3536 / 95 and E-3537 / 95

by Bryan Cassidy ( PPE )

to the Commission given by Mr Santer
on behalf of the Commission

(3 January 1996 ) ( 18 January 1996 )
( 96 / C 109 / 100 )

Subject : Customs Code Committee

1 . Will the Commission list the names, nationalities and
occupations of the members of the Customs Code
Committee and its statistical and nomenclature section ?

2 . Which budget line covers the activities of this
committee ?

3 . What is the budget ?

WRITTEN QUESTION E-3536 / 95

by Bryan Cassidy ( PPE )

to the Commission

As provided by the instruments establishing the committees
referred to by the Honourable Member, these committees
all comprise representatives of the Member States . It follows
that they have no standing members strictly speaking but
individuals deputed by the Member States to represent
them, depending on the subject-matter dealt with ; they
generally come from the Permanent Representations or,
more commonly, from relevant government departments .

As regards the questions concerning budget items covering
the activities of these committees and the budget for them,
the Commission would refer he Honourable Member to the

list of committees annexed to the general budget of the
European Union for 1995 ('), where there are headings for
the relevant budget item and for the expenditure scheduled
for each committee .

(3 January 1996 ) 0 ) OJ No L 369, 31 . 12 . 1994 .

( 96 / C 109 / 101 )

Subject : Advisory Committee on anti-dumping

Commission Decision of 14 November 1995 ( 95 / 478 /
EEC )(') on terminating the anti-dumping investigation
concerning imports of certain electronic weighing scales
originating in Japan mentions, in the fourth paragraph,
' after consulting the Advisory Committee '.

Can the Commission supply the list of members on this
committee along with their contact addresses ?

(') OJ No L 274, 17 . 11 . 1995, p . 15 .

WRITTEN QUESTION E-3537 / 95

by Bryan Cassidy ( PPE )

to the Commission

(3 January 1996 )

( 96 / C 109 / 102 )

Subject : Management Committee for Poultrymeat and

Eggs

1 . Will the Commission list the names, nationalities and
occupations of the members of the Management Committee
for Poultrymeat and Eggs ?

2 . Which budget line covers the activities of this
committee ?

3 . What is the budget ?

WRITTEN QUESTION E-3518 / 95

by Cristiana Muscardini ( NI )

to the Commission

(3 January 1996 )

( 96 / C 109 / 103 )

Subject : Compatibility of the Italian Consolidated Customs

Law with Regulation ( EEC ) No 2913 / 92

Italy's Consolidated Customs Law, adopted under
presidential Decree No 43 of 23 January 1973, does not
revoke Articles 40 ( shipping agents entered on the
professional register ) and 41 ( obligations of shipping agents
included on the register ) although their revocation is
sanctioned under the terms of Regulation ( EEC )
No 291 3 / 92 ( 1 ).

In the Commission's opinion, to what extent does the failure
to revoke these articles contravene the abovementioned

Regulation ?

What consequences could the failure to revoke Articles 40

and 41 have with regard to the purpose of the Community
Regulation ?

Is the Commission aware of any actions by the Italian
authorities which unfairly prejudice shipping agents as a
result of the failure to revoke these Articles ?

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 53

Does the Commission know what reasons Italy has given to
justify its failure to revoke these Articles ?

(>) OJ No L 302, 19 . 10 . 1992, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

( 31 January 1996 )

With regard to Article 40 of the Testo Unico, Presidential
Decree No 43 of 23 January 1973, which gives professional
customs agents a monopoly in the field of representation in
customs matters, the Commission would inform the
Honourable Member that on 9 February 1994 ( l ) a Court
judgment found that Articles 2 and 3 of Regulation ( EEC )
No 3632 / 85 of 12 December 1985 ( 2 ), which define the
conditions under which an individual may make a customs
declaration, had not been complied with . The provisions in
question have been replaced by Article 5 of the Community
Customs Code ( Regulation ( EEC ) No 2913 / 92 ). Under this
Article, a Member State may choose to make either of the
two forms of representation for customs declarations ( i.e .
direct or indirect representation ) the sole preserve of
customs agents . Whichever of the two forms if not covered
by an exclusive right must be left open to all . For these
reasons, Italy was served written notice, pursuant to
Article 171 of the EC Treaty, for failure to comply with the
Court judgment described above .

The Commission has already been in contact with the Italian
authorities regarding Article 41 of the Testo Unico, which
stipulates that customs agents acting as direct
representatives have a subsidiary liability regarding the
payment of customs debts .

have never before been planted and grapes have never

grown .

One example is the Enate estate ( Vinedos y Crianzas de Alto
Aragon ). This estate prides itself, according to its own
advertising copy, of having planted 120 ha of new vines . The
German-language version of its brochure even boasts that
the Enate estate is so determined to leave absolutely nothing
to chance that it has installed a state-of-the-art,
computer-controlled irrigation system . This, it freely
admits, is normally prohibited in the EU, but, just as in the
Wachau region, there are special exemptions for those who
can show they are producing top-quality wines .

1 . How great an area of new wine-growing land has been

planted in Spain from the time of Spain's accession to

1994 ?

2 . How great an area of wine-growing land has been

converted in Spain from table-wine growing to
quality-wine growing from the time of Spain's accession
to 1994 ? .

3 . How does the EU monitor the arrangements for

cessation of cultivation that have existed since the mid

1970's and also apply to Spain ?

4 . What growth has there been in the total area devoted to

wine growing in Spain from accession to 1994 ?

5 . How does the Commission judge the Spanish
Government's intention to authorize irrigation on a
grand scale in time to come ?

t 1 ) Case C-1 19 / 92 Commission v . Italy [ 1994 ] ECR 1-393 . Answer given by Mr Fischler

( 2 ) OJ No L 350, 27 . 12 . 1985 . on behalf of the Commission

( 18 January 1996 )

WRITTEN QUESTION E-3522 / 95

by Werner Langen ( PPE )

to the Commission

(3 January 1996 )

( 96 / C 109 / 104 )

Subject : Expansion of wine-growing areas in Spain

Under the transitional provisions for Spain's and Portugal's
accession to the EU, Spain was authorized to convert former
table-wine growing areas into quality-wine growing

areas .

The resultant expansion of wine production has been the
subject of repeated criticism .

What is not compatible with the above provisions is the
plantation of completely new estates on land where vines

At present the Commission does not have all the
information it needs to reply to the question . However, with
the Member State concerned, it is examining the data cited
by the Honourable Member and will keep him informed as
soon as possible .

According to the latest information, however, areas planted
with grapes for table wines in Spain are on the decline .

In this context, the Commission is currently putting together
a report on the foreseeable trend in the planting and
replanting of vines in the Community . This is a periodic
publication that the Commission forwards to the Council . It
was last presented in 1990 ( J ) and in 1994 ( 2 ).

In reply to the last question, irrigation is not banned under
Community rules and, where quality wines are concerned,
the basic Regulation allows Member States to authorize it in
certain conditions ( Council Regulation ( EEC ) No 823 / 87 of

No C 109 / 54 EN Official Journal of the European Communities 15 . 4 . 96

16 March 1987 laying down special provisions relating to
quality wines produced in specified regions ).

C ) SEQ90 ) 2135 final .

( 2 ) COMÍ94 ) 28 final .

WRITTEN QUESTION E-3526 / 95

transferred to their home country until the payment of the
outstanding customs fine ? Is this normal practice and how
many other Member States, under the Convention on the
Transfer of Sentenced Persons, will not agree to transfers
where customs debts are outstanding ?

Answer given by Mrs Gradin

on behalf of the Commission

by Ian White ( PSE )

( 23 January 1996 )
to the Commission

(3 January 1996 )

( 96 / C 109 / 105 ) The Commission has no competence concerning the transfer
of those who have been sentenced, which is a matter for

Subject : Age limits for recruitment of posts in the national governments .
Commission

The Commission often sets upper age limits when framing
the eligibility of candidates to professional posts in the
Commission, thereby excluding the often valuable
experience that older candidates could offer .

How widespread is this practice in the recruitment of posts
within the Commission and how can the Commission

answer the charge that the practice amounts to unfair
discrimination on the basis of age ?

Answer given by Mr Liikanen

on behalf of the Commission

( 18 January 1996 )

All fifteen Member States are party to the 1983 Convention
on the transfer of sentenced persons but it was adopted
within the framework of the Council of Europe and the
Commission has no information about its application by
Member States .

WRITTEN QUESTION E-3547 / 95

by Robin Teverson ( ELDR )

to the Commission

(3 January 1996 )

The Honourable Member is referred to the Commission's ( 96 / C 109 / 107 )
answers to Written Questions E-984 / 95 (') and
E-1194 / 95 ( 2 ) from Mr Megahy and E-2404 / 95 from Mrs
Stenius-Kaukonen ( 3 ) where it sets out its approach Subject : Ramsar Convention on
concerning age limits . importance

Subject : Ramsar Convention on wetlands of international

importance

The Commission keeps its policy under review and the
subject will be raised in the framework of interinstitutional
discussions .

What percentage areas of the territories in the European
Union Member States have been designated as wetlands of

. international importance as laid out under the Ramsar

Convention ?
(') OJ No C 202, 7 . 8 . 1995 .

( 2 ) OJ No C 222, 28 . 8 . 1995 .

(- 1 ) OJ No C 40, 12 . 2 . 1996 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 23 January 1996 )
WRITTEN QUESTION E-3533 / 95

by Carole Tongue ( PSE )

to the Commission

The Community is not a Contracting Party to the Ramsar

(3 January 1996 ) Convention, so the Commission is not systematically

( 96 / C 109 / 106 ) informed of the designation of wetlands . The Member

States inform the Convention Secretariat directly, and the
Honourable Member is therefore requested to contact that
Subject : Transfer of sentenced persons Secretariat for official details .

(3 January 1996 )

( 96 / C 109 / 106 )

Is the Commission aware that people imprisoned in France
for drug offences are unable to get their sentences

15 . 4 . 96 UN Official Journal of the European Communities No C 109 / 55

WRITTEN QUESTION E-35 71 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

advanced position it can, as it did at the preparatory
meetings for the Conference of Parties in Vienna .

(5 January 1996 ) ( 1 ) OJ No L 333, 22 . 12 . 1994 .

( 96 / C 109 / 108 )

Subject : Methyl bromide

The United States will phase out methyl bromide entirely by
2001 . Kenya, until now the leader of developing country
reluctance to MBR phaseout, has recently stated that it now
believes that developing countries can phase out entirely by
2010 .

Why is the EC position for only a 25 % decrease in 1998 and
a 50% decrease in 2005, with no commitment to a
phase-out ?

Is this the type of signal the Commission thinks we should be
sending to the developing countries ?

For this substance as well, extensive evidence exists of means
for reducing or eliminating MBR use with no decrease in
productivity or cost increase . At the same time, MBR is
known to contaminate water and to have harmful effects on

health .

Why, therefore, is the MBR industry and its industrial
clients being allowed to determine the EC position when
objective evidence to contradict their claims exists ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 31 January 1996 )

On 6 October 1995 the Council adopted a common position
with a view to the seventh meeting of the Parties to the
Montreal Protocol on substances which deplete the ozone
layer ( Vienna, 28 November to 7 December 1995 ).
Production and consumption of methyl bromide were to be
reduced by 25 % in 1998 and by 50 % in 2005, compared
with 1991 values . The Council did not indicate a date for the

elimination of the pesticide .

In the negotiating mandate, however, the Community also
recognized the ultimate goal of eliminating emissions of
methyl bromide, taking due account of economic and
technical conditions . Agreement was reached in Vienna on
complete elimination of methyl bromide ( with some
exceptions ) in 2010 ( 25 % reduction in 2001 and 50%
reduction in 2005, compared with 1991 ).

The Commission will start work on the amendment of
Regulation ( EEC ) No 3093 / 94 ( l ) and will defend the most

WRITTEN QUESTION P-3583 / 95

by Jimmy Goldsmith ( EDN )

to the Commission

(4 January 1996 )

( 96 / C 109 / 109 )

Subject : Convergence criteria for EMU

Given the importance of clarity in the interpretation of the
Treaty of Maastricht's convergence criteria, will the
Commission confirm that :

1 . The two-year qualifying period of ERM normal band
participation must have been achieved ( and must remain
unbroken ) at the time of the decisions on whether or not
to go forward to Stage 3 of EMU and on which
countries, if any, have satisfied the criteria, rather than
at the time that Stage 3 takes effect ; in other words, that
a qualifying period of unbroken ERM normal band
membership must have commenced, at the latest, on
30 June 199 6 if the decisions on Stage 3 are delayed until
30 June 1998 ( the latest date permitted in the Treaty ),
and at an earlier date if the decisions on Stage 3 are taken
before 30 June 1998 ?

2 . The normal bands of the ERM, as referred to in the
convergence criteria of the Treaty, are bands of
± 2,25% ?

3 . During the course of 1995 no currency has been
permanently within ERM bands of + 2,25 % against all
other participating countries and the currencies of
Greece, Italy and the United Kingdom have not
participated in the ERM at all ?

4 . In order to meet the standards of clarity, fixity and
absence of ambiguity rightly demanded by the German
Constitutional Court when it permitted the Treaty's
ratification by Germany, the meaning of ' normal bands '
and the criteria for judging the extent of deviations
within the bands must have been formally and publicly
established in advance of the start of the two-year
qualifying period ; given the uncertainty still
surrounding the date at which the decisions on Stage 3
will be taken, formal and public announcement must
take place ; and such formal announcements will have no
legal implications for the current functioning of the
ERM, which remains outside the Treaty ?

No C 109 / 56 EN Official Journal of the European Communities 15 . 4 . 96

Answer given by Mr de Silguy

on behalf of the Commission

Answer given by Mr Flynn
on behalf of the Commission

( 25 January 1996 ) (9 February 1996 )

The Treaty contains precise procedures for the decisions on
which Member States should participate in monetary union .
On the basis of reports from the Commission and the
European Monetary Institute ( EMI ) and the opinion of the
Parliament, heads of State and government will decide as
soon as possible in 1998 which Member States meet the
necessary conditions to move to the single currency .

One of the criteria laid down by the Treaty is the criterion
relating to exchange rate stability which reads ' observance
of the normal fluctuation margins of the exchange rate
mechanism of the European monetary system, for at least
two years without devaluing against the currency of any
other Member State .'

It would be premature in relation to the Treaty procedures
for the Commission to anticipate the assessment to be made
by the Commission and the EMI, and the decision of the
European Council when the time comes .

The upsurge in the number of cases of tuberculosis recorded
in certain Member States over the past five years or so,
particularly in hospital and prison environments, has led the
Commission to place emphasis, in its communication
on AIDS and certain other communicable diseases ( ! ) on
the need to increase and improve monitoring of this
communicable disease at Community level . It is currently
examining various proposals along these lines, submitted in
connection with implementation of the programme on
AIDS and certain other communicable diseases, due to be
adopted soon by Parliament and the Council for the period

1996 — 2000 . However, the provisions of Article 129 of the
EC Treaty specifically rule out a Directive on the subject .

(M COM(94 ) 413 .

WRITTEN QUESTION E-3629 / 95

by Arthur Ne wens ( PSE )

to the Commission

( 12 January 1996 )

WRITTEN QUESTION E-3620 / 95
( 96 / C 109 / 111 )
by Cristiana Muscardini ( NI ) and Spalato Belleré ( NI )

to the Commission

( 12 January 1996 )

( 96 / C 109 / 110 )

Subject : Risk of a tuberculosis epidemic at the San Vittore

prison

The San Vittore prison in Milan currently has
approximately 2 100 inmates, although its official capacity
is only 800 .

Over the last 18 months the hospitals in Milan have
witnessed an increase in the number of tuberculosis cases

from nought to thirteen .

In view of the precarious conditions in which the inmates of
the abovementioned prison are required to live it would only
need one of them — sero-positive, immuno-depressed or
suffering from aids — to contract TB for there to be a rapid
spread of the epidemic, since the infection is an air-borne

one .

Will the Commission carry out a detailed study with a view
to Community monitoring of the increase in the number of
tuberculosis cases in prisons and penal institutions and
prepare a Directive enabling persons at risk to be identified
and establishing ways of preventing infection ?

Subject : Ban on use of hydrogen peroxide for surgery use by

dentists

Under what circumstances are dentists in each Member

State allowed to use hydrogen peroxide in order to bleach
teeth ?

Answer given by Mrs Bonino

on behalf of the Commission

(1 S February 1996 )

Tooth whitening products, either used by consumers or by
professionals, are cosmetic products according to the
definition of a cosmetic product in Article 1 of Council
Directive 76 / 768 / EEC ( the ' Cosmetics ' Directive ) ( 1 ),
amended for the sixth time by Council Directive
93 / 35 / EEC ( 2 ).

Hydrogen peroxide is the active substance of these products .
Its use in oral hygiene products has been regulated by
Commission Directive 92 / 86 / EEC ( 3 ) the 15th adaptation to
technical progress of the ' Cosmetics ' Directive . This came
into force on 1 July 1993 and from 1 July 1994, cosmetic
products could not be sold or otherwise supplied to the final

15 . 4 . 96 EN Official Journal of the European Communities No C 109 / 57

consumer if they did not comply with the requirements of
the Directive . According to Directive 92 / 86 / EEC, the
maximum concentration of H 2 0 2 ( hydrogen peroxide )
present or released in oral hygiene products is 0,1% . It
concerns not only hydrogen peroxide but also compounds
or mixtures that release hydrogen peroxide such as
carbamide peroxide and zinc peroxide .

According to current Community law, the use of tooth
whitening products, either by dentists or by the general
public, is not allowed in the Member States, if the
concentration of hydrogen peroxide in those products is
higher than 0,1 % . Presently, no exemption for the use of
hydrogen peroxide by dentists is under discussion .
However, in case a revision of the 0,1 % limit be wished,
data proving safety should be presented to the Commission .
The Commission would then transmit this submission to the

scientific committee on cosmetology, which would examine
it and adopt an opinion . On the basis of this opinion, the
Commission could elaborate a proposal for a possible
adaptation of the current law .

0 ) OJ No L 262, 27 . 9 . 1976 .

( 2 ) OJ No L 151, 23 . 6 . 1993 .

( 3 ) OJ No L 325, 11 . 11 . 1992 .

supply contracts in accordance with the competitive
procedures established for such procurement .

WRITTEN QUESTION P-3633 / 95

by Nikitas Kaklamanis ( UPE )

to the Commission

(9 January 1996 )

( 96 / C 109 / 113 )

Subject : Mrs Çiller's participation in the Madrid summit

In the speech I gave in Strasbourg on 13 December 1995, 1
asked the President of the European Commission whether
the EU intended to invite Mrs Çiller to the Madrid
summit .

In the event, Mrs Çiller was present in Madrid on

16 December 1995, albeit under the pretence that she was
only meeting the President of the European Council Mr
Gonzalez, and the French President, Mr Chirac, in his
capacity as a member of the Troika .

Why was Mrs Çiller — whose party was the first to call for
the waiver of the immunity of the members of parliament
imprisoned in Turkey, including this year's winner of
WRITTEN QUESTION E-3631 / 95 the Sakharov prize, Leila Zana — admitted to such a
summit ?

by José Apolinârio ( PSE )

to the Commission

( 12 January 1996 )

96 / C 109 / 112 Answer given by Mr Van den Broek

on behalf of the Commission

( 30 January 1996 )

Subject : European Union funding for Renault projects

Can the Commission provide information as to possible
Renault projects in the countries of central and eastern
Europe which are being considered for, or are in receipt of,
financial support within the framework of European Union
development cooperation with those countries ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 15 February 1996 )

The Commission wishes to underline that no funds have
been made directly available to Renault for technical
assistance activities in the central and eastern European
countries . This does not exclude, however, that Renault
products may have been purchased under Phare-financed

As the Honourable Member said, Turkish Prime Minister
Tansu Çiller took part in a meeting with Mr Chirac and Mr

Gonzalez on 16 December . The Spanish Prime Minsiter was
then President of the Council . The Commission was not

present at the meeting .

The Commission wishes to point out that the EC-Turkey
Association Council meeting of 30 October 19 95 adopted
a resolution on political dialogue and institutional
cooperation which provides among other things for annual
meetings between Turkey's Head of State or Government
and the Presidents of the Council and the Commission . This

decision entered into force at the same time as the customs

union .

The invitation from the President of the Council sent to the

Turkish Prime Minister was in keeping with the spirit of the
Association Council's resolution .

No C 109 / 58 EN Official Journal of the European Communities 15 . 4 . 96

WRITTEN QUESTION P-3634 / 95

by Roberta Angelilli ( NI )

to the Commission

(9 January 1996 )

( 96 / C 109 / 114 )

Subject : Imminent discontinuation of the ' Telefono
azzurro ' helpline and rebates and reductions for
the use of telephone helplines for children and
young people in the rest of Europe

The Italian telephone helpline for children and young people

' Telefono azzurro ' has provided a useful and efficient service
and has followed up 273 630 calls ( 12 % of the total number
of calls ) and taken action in 2 304 cases . There are no other
public services in Italy offering help by telephone to young
people, but the charges applied by Telecom Italia are not
subject to any reductions or rebates, thereby jeopardizing
the service which may have to be discontinued by
31 December 1995 .

Can the Commission say :

1, what rebates are granted by European telephone
companies in respect of other helplines for children and
young people in the various EU countries ?

2, whether there are European funds to promote and assist
other similar public services ?

3, whether this case comes within the scope of intervention
under the terms of existing European Directives on
assistance for young people ?

Answer given by Mr Bangemann

on behalf of the Commission

( 23 January 1996 )

The Commission would refer the Honourable Member to its

answer to Written Question E-3003 / 95 by Mrs Aglietta and
Mr Tamino ( 1 ), in which it stated that services such as the
Telefono azzurro are not presently within the scope of
universal service as defined at Community level . As a result
each Member State is free to require delivery of, and to
provide financial support to, such services in accordance
with the needs and characteristics of the local market .

However the Commission is providing funds for the
purpose of exchange of information and experience
between the different Member States .

The Commission is moreover keeping the notion of
universal service under permanent review, and is presently
preparing a communication on the subject . That
communication will also provide information about the

availability of special and targeted tariff schemes in the
different Member States .

( ] ) OJ No C 91, 27 . 3 . 1996, p . 24 .

WRITTEN QUESTION E-3647 / 95

by Cristiana Muscardini ( NI ) and Amedeo Amadeo ( NI )

to the Commission

( 12 January 1996 )

( 96 / C 109 / 115 )

Subject : Effects of the Bosman judgment

Is the Commission aware of the adverse effects the recent

judgment by the Court of Justice in the Bosman case has had
on vast sectors of the public in the Member States ?

Is it aware of the economic repercussions that the strict
enforcement of this judgment could have for football and
the radical changes it could produce in the organization of
the professional game ?

Does it not consider that the application of a rule to a market
that has not yet been liberalized, and which is still subject to
many distortions, is counter-productive and illogical ? For
example, many distortions arise because of Regulations
which vary from country to country concerning the freedom
of establishment of gymnastics teachers, professionals who
generally operate in the sectors of sport .

Does the Commission not acknowledge that sporting
activity has cultural and sociological aspects and
connotations which go beyond the merely commercial and

which deserve particular attention ?

In view of the foregoing, does the Commission not consider
that it would be beneficial and commendable to propose
changes to the Regulation on the free movement of workers
so as to safeguard those values upheld by sport ( including
professional sport ), which would be denied if sport were
viewed purely as an economic phenomenon ?

Answer given by Mr Flynn
on behalf of the Commission

(9 February 1996 )

1 and 2 . The Commission reminds the Honourable

Members that its first duty under Article 155 of the EC
Treaty is to ensure that the provisions of the Treaties are
applied, a task which includes ensuring compliance with the
judgments of the Court of Justice . The Commission cannot

15 . 4 . 96 LEN Official Journal of the European Communities No C 109 / 59

therefore do anything other than take note of the judgment
delivered by the Court in the Bosman case and adopt the
measures in its power to ensure correct implementation of
the judgment .

3 . Article 48 of the EC Treaty, which is directly
applicable, establishes freedom of movement for workers in
the fullest possible terms . The Bosman judgment gives
substance to this principle in relation to professional

sportspersons .

4 . In its judgment ( paragraph 78 ), the Court specifically
held that an argument based on points of alleged similarity
between sport and culture cannot be accepted, since the
question submitted did not relate to the conditions under
which Community powers of limited extent, such as those
based on Article 128 ( 1 ) of the EC Treaty relating to culture,
may be exercised, but on the scope of the freedom of
movement of workers, which is a fundamental freedom
under the EC Treaty .

It must be emphasised that the Court recognises the social
importance of sporting activities and the fact that certain
aims, such as preserving a certain degree of equality and
uncertainty as to results and encouraging the recruitment
and training of young players, are legitimate ( paragraph

106 ). However, the Court held that these aims ' can be
achieved at least as efficiently by other means which do not
impede freedom of movement for workers ' ( paragraph
110 ).

5 . The Commission is aware of the specific values upheld
by sport . It has also developed its dialogue with the world of
sport, one of the results of which is that it has established the
' Sport Info Europe ' helpdesk and launched the Eurathlon
programme on sport . However, bearing in mind the answers
set out above, the Commission does not intend to propose
changes to the rules on freedom of movement for workers in

sport .