Source: EURLEX
Language: en
Format: md

# Official Journal

### of the European Communities

##### English edition Information and Notices

ISSN 0378-6986

#### C98

Volume 34

15 April 1991

Notice No

91/C98/01

91/C98/02

91/C98/03

91/C98/04

91/C 98/05

91/C98/06

91/C98/07

91/C98/08

91/C98/09

91/C98/10

Contents Page

I _Information_

European Parliament

_Written Questions with answer_

No 1782/88 by Mr Gijs de Vries to the Commission
Subject: Barriers to steel imports in Italy (Supplementary answer) 1

No 772/89 by Mr James Fitzsimons to the Commission
Subject: Liberalization of cargo only flights 1

No 918/89 by Mr Jose Happart to the Commission
Subject: Air traffic 2

No 1309/89 by Mr Wilfried Telkamper to the Commission
Subject: Agreement concluded between the EC and Thailand on 1 July 1982 2

No 17/90 by Mr Jos6 Valverde Lopez to the Commission
Subject: The Commission's position with regard to the creation of the Euro-Arab University .. 3

No 115/90 by Mr Floras Wijsenbeek to the Commission
Subject: Proceeds of the sale of Salzgitter (Supplementary answer) 3

No 195/90 by Mr James Ford to the Commission
Subject: Cruelty to kangaroos 4

No 447/90 by Mr Antoni Gutierrez Diaz to the Commission
Subject: Banking oligopoly in Andorra 4

No 484/90 by Mr Juan de la Camara Martinez to the Commission

Subject: Prevention of fires 5

No 529/90 by Mr Jean-Pierre Raff arin to the Commission
Subject: Transport infrastructures for the Atlantic regions 5

(Continued overleaf)

Notice No Contents (continued) Page

91 /C 98/11 No 739/90 by Mrs Barbara Duhrkop Dtlhrkop to the Commission
Subject: The Euro-Arab University 6

91 /C 98/12 No 788/90 by Mr Edward Kellett-Bowman to the Commission
Subject: Internal market in shipping 6

91/C 98/13 No 944/90 by Mr Edward Kellett-Bowman to the Commission

Subject: EC coastal yacht charter companies operating in Greek waters 6

Joint answer to Written Questions Nos 788/90 and 944/90 6

91/C 98/14 No 789/90 by Mr Francesco Sperone to the Commission

Subject: Relations with the Republic of Lithuania 7

91/C 98/15 No 797/90 by Mr Carlos Carvalhas to the Commission
Subject: Financial markets 7

91/C 98/16 No 877/90 by Mrs Winifred Ewing to the Commission
Subject: Expiry of the Multifibre Arrangement in 1991 8

91/C 98/17 No 887/90 by Mr Ernest Glinne to the Commission
Subject: Implementation of UN resolution of 8 December 1988 on a new humanitarian
international order 8

91/C 98/18 No 958/90 by Mr Herman Verbeek to the Commission
Subject: EC and development cooperation 9

91/C 98/19 No 965/90 by Mr Kenneth Collins to the Commission
Subject: Local revenue raising 10

91/C 98/20 No 989/90 by Mrs Anna Hermans to the Commission
Subject: Use of pesticides in developing countries 10

91/C 98/21 No 1037/90 by Mr Victor Manuel Arbeloa Mum to the Commission
Subject: Aid for the press in Eastern Europe 11

91/C 98/22 No 1048/90 by Mr Gerardo Fernandez-Albor to the Commission
Subject: Closure of Namibian fishing grounds to Community fishermen 11

91/C 98/23 No 1106/90 by Mr Christopher Jackson to the Commission
Subject: Development aid 12

91/C 98/24 No 1147/90 by Mr Ian White to the Commission
Subject: World development 12

91/C 98/25 No 1162/90 by Mr Jose Happart to the Commission
Subject: US corn-gluten imports 13

91 /C 98/26 No 1259/90 by Mr Jaak Vandemeulebroucke to the Commission
Subject: Harmonization of penalties imposed by the Member States on the misuse of facsimile
machines by third parties 13

91/C 98/27 No 1279/90 by Mr Francois-Xavier de Donnea to the Commission
Subject: Relations between the EEC and Colombia 14

Notice N o Contents (continued) Page

9 1 / C 98/28 N o 1318/90 by M r Jesus Cabezon Alonso to the Commission

Subject: Import of sodium carbonate produced in third countries 14

9 1 / C 98/29 N o 1319/90 by M r Herman Verbeek to the Commission

Subject: Low concessional loans as a form of development aid 15

9 1 / C 98/30 N o 1458/90 by M r Victor Arbeloa Muru to the Commission

Subject: New initiatives with regard to the Kurdish problem 16

9 1 / C 9 8 / 3 1 N o 1513/90 by M r Proinsias de Rossa to the Commission

Subject: Disclosure of financial information 16

9 1 / C 98/32 N o 1526/90 by M r Jose Barros Moura to the Commission

Subject: Freedom of establishment and equal treatment of workers 16

9 1 / C 98/33 N o 1529/90 by M r Francis Wurtz to the Commission

Subject: 1992 and the effects on the ACP countries 17

9 1 / C 98/34 N o 1531/90 by Mrs Anita Pollack to the Commission

Subject: Trains 18

9 1 / C 98/35 N o 1599/90 by M r Maxime Verhagen to the Commission

Subject: Relations between the Commission and the Government of Surinam 18

9 1 / C 98/36 N o 1602/90 by M r Bouke Beumer to the Commission

Subject: European Corps of Citizens for Democracy 18

9 1 / C 98/37 N o 1666/90 by M r Victor Arbeloa Muru to the Commission

Subject: Imports from the 'Turkish Republic of Cyprus' 19

9 1 / C 98/38 N o 1675/90 by Mrs Christine O d d y to the Commission

Subject: Ethnic Minorities Language Teaching 19

9 1 / C 98/39 N o 1693/90 by Mrs Cristiana Muscardini to the Commission

Subject: Upgrading the status of the nursing profession 20

9 1 / C 98/40 N o 1694/90 by Mrs Cristiana Muscardini to the Commission

Subject: Compulsory presence of a port medical officer in maritime health offices 20

9 1 / C 9 8 / 4 1 N o 1725/90 by M r Gerardo Fernandez-Albor to theCommission

Subject: Child begging 20

9 1 / C 98/42 N o 1742/90 by M r Kenneth Collins to the Commission

Subject: Profession of Landscape Architect 21

9 1 / C 98/43 N o 1775/90 by M r Jose Barros Moura to the Commission

Subject: Calculation of retirement and invalidity pensions 21

9 1 / C 98/44 N o 1823/90 by M r Paul Lannoye to the Commission

Subject: The Community's financing of peat development in Northern Ireland 22

9 1 / C 98/45 N o 1824/90 by M r Paul Lannoye to the Commission

Subject: The VALOREN programme in Ireland 23

(Continued overleaf)

Notice No Contents (continued) Page

91/C 98/46 No 1856/90 by Mr Stephen Hughes to the Commission
Subject: Youth training in the United Kingdom 24

91/C 98/47 No 1882/90 by Mr David Martin to the Commission
Subject: Lome IV 24

91/C 98/48 No 1894/90 by Mr Kenneth Stewart to the Commission
Subject: Massive overpayments by British Nuclear Fuels to Eden Construction at the Sellafield
complex, amounting to approx. 15 million 25

91 /C 98 /49 No 1904/90 by Mr Ben Fayot to the Commission
Subject: Reduction in the supplementary pension for frontier-zone workers employed in the
Federal Republic of Germany and Luxembourg 25

91/C 98/50 No 1964/90 by Mr Paul Staes to the Commission
Subject: The Uruguay Round 26

91/C 98/51 No 1968/90 by Mr Jan Sonneveld and Mr Bartho Pronk to the Commission
Subject: Alleged distortion of competition by government subsidies to Dutch manure processing
plants 27

91/C98/52 No 1970/90 by Mrs Christine Oddy to the Commission
Subject: Home workers 28

91/C 98/53 No 2011/90 by Mr Alexander Langer to the Commission
Subject: Diplomatic initiatives concerning violent incursions by 'garimpeiros' into Yanomani
native territory in the State of Roraima (Brazil) 28

91/C 98/54 No 2036/90 by Mr Carlos Robles Piquer to the Commission
Subject: Interaction between the Orinoco and Amazonian basins and the importance thereof for
mankind 29

91/C 98/55 No 2045/90 by Mr Gijs de Vries to the Commission
Subject: Draft US Foreign Tax Equity Act 29

91 /C 98 /56 No 2047/90 by Mr Gijs de Vries to the Commission
Subject: US Federal Excise Tax 30

91/C 98/57 No 2104/90 by Mr Gerhard Schmid to the Commission
Subject: Drawbacks of the EC directive on third party vehicle insurance 30

91/C 98/58 No 2111/90 by Mr Gijs de Vries to the Commission
Subject: Common commercial policy and telecommunications 31

91/C 98/59 No 2118/90 by Mr Winifried Menrad to the Commission
Subject: Performing rights fees in the EC 31

91/C 98/60 No 2129/90 by Mr Peter Crampton to the Commission
Subject: Freedom of movement within the European Community for ethnic communities 32

91/C 98/61 No 2183/90 by Mrs Cristiana Muscardini to the Commission
Subject: Sale of munitions to Iraq 33

91/C 98/62 No 2184/90 by Sir James Scott-Hopkins to the Commission
Subject: Capital adequacy 33

91/C 98/63 No 2185/90 by Sir James Scott-Hopkins to the Commission
Subject: Financial services industry 33

Notice No Contents (continued) Page

91/C 98/64 No 2195/90 by Mr Antonio Coimbra Martins to the Commission
Subject: Television without frontiers 34

91/C 98/65 No 2277/90 by Mrs Cristiana Muscardini to the Commission
Subject: Community grants to the charity sector 34

91/C 98/66 No 2289/90 by Mr George Patterson to the Commission
Subject: Duty free allowances 35

91/C 98/67 No 2339/90 by Mr Claude Desama to the Commission
Subject: Aid for setting up new businesses in Ireland 35

91/C 98/68 No 2420/90 by Mr Petrus Cornelissen and Mr James Janssen van Raay to the

Commission

Subject: European approach to criminality in major European ports 36

91 /C 98/69 No 2424/90 by Mrs Raymonde Dury to the Commission
Subject: Relief from excise duty on social grounds 37

91/C 98/70 No 2550/90 by Mr Thomas Maher to the Commission
Subject: Food imports into the US, Australia and New Zealand 37

91/C 98/71 No 2581/90 by Mr Christopher Jackson to the Commission
Subject: Social protection for volunteer development workers 38

91/C 98/72 No 2658/90 by Mr John McCartin to the Commission

Subject: Social security benefits of volunteer workers in developing countries *.... 38

Joint answer to Written Questions Nos 2581/90 and 2658/90 38

91/C 98/73 No 2584/90 by Mr Franco Iacono to the Council

Subject: Projected high-speed intercity service between Rome and Naples 38

91/C 98/74 No 2607/90 by Mr Ernest Glinne to the Commission

Subject: Europass 39

91/C 98/75 No 2616/90 by Mr Bernard Antony to the Commission

Subject: Measures to achieve equality between men and women 39

91/C 98/76 No 2624/90 by Mr Vincenzo Mattina to the Commission
Subject: Survey by the Commission on alcohol consumption by young people in the
Community 39

91/C 98/77 No 2737/90 by Mrs Raymonde Dury to the Commission
Subject: Poverty and the role of Europe 40

91/C 98/78 No 2790/90 by Mr Ernest Glinne to the Commission

Subject: The programme for the EBRD 40

91/C 98/79 No 2809/90 by Mr Christopher Jackson to the Commission
Subject: Permission to use an imported car 41

91/C 98/80 No 2864/90 by Mr Jean-Pierre Raffarin to the Council
Subject: Harmonization of school terms 41

(Continued overleaf)

Notice No Contents (continued) Page

91/C 98/81 No 2870/90 by Mr Lyndon Harrison to the Commission
Subject: VAT on lifeboats and their equipment 42

91/C 98/82 No 2911/90 by Mr Hugh McMahon to the Commission
Subject: Eurovision Song Contest 42

91/C 98/83 No 2929/90 by Mr Jose Gil-Robles Gil-Delgado to the Council
Subject: EC Recommendation 85/308 (') regarding the social protection of volunteer
development workers 43

91/C 98/84 No 48/91 by Mrs Raymonde Dury to the Council

Subject: Discrimination against development workers 43

Joint answer to Written Questions Nos 2929/90 and 48/91 43

91/C 98/85 No 2938/90 by Mrs Cristiana Muscardini to the Commission

Subject: Refusal to grant custody of disabled persons to members of their family 43

91/C 98/86 No 2939/90 by Mrs Cristiana Muscardini to the Commission
Subject: Child pornography 43

91/C 98/87 No 2952/90 by Mr Jaak Vandemeulebroucke to the Commission
Subject: Language used by the Commission in correspondence 44

91 /C 98/88 No 3008/90 by Mrs Teresa Domingo Segarra to the Commission
Subject: Aid and compensation for victims of the dam-burst at Tous, Spain 44

91/C 98/89 No 3037/90 by Mr Sergio Ribeiro to the Council
Subject: Dependent situation of Portugal in the field of energy 45

91 /C 98/90 No 3046/90 by Mr Elio Di Rupo to the Council
Subject: Role of the WEU within European Political Union 46

91 /C 98/91 No 3074/90 by Mr Sergio Ribeiro to the Council
Subject: Regional disparities 46

91/C 98/92 No 45/91 by Mrs Raymonde Dury to the Council
Subject: Education problems in border areas 47

15. 4. 91 Official Journal of the European Communities No C 98/1

I

_(Information)_

###### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1782/88

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(8 December 1988)_

(91/C 98/01)

_Subject:_ Barriers to steelimports in Italy

Is the Commission aware that:

1. steel products have not been given customs clearance
at the port of Messina since 1981;

2. in practice, the customs in Palermo do not allow steel
products to be shipped on to Messina in the same
vessel after clearance;

3. when clearing foreign steel, the customs authorities at
Italian ports get help from Italsider inspectors;

4. customs clearance at Rimini is subject to the provision
of documents stating origin;

5. despite the introduction of the standard document on
1 January 1988, the Italian customs still require the old
import documents?

What action has the Commission taken to end these
illegal import barriers as soon as possible?

Supplementary answer given by Mrs Scrivener
on behalf of the Commission

_(4 February 1991)_

The Commission would add the following to its answer of
10 April 1988 0).

1. The situation whereby certain Italian customs offices
could not clear steel products has been rectified by an
Italian ministerial decree of 10 April 1990 (published

in the Official Journal of the Italian Republic, No 88
of 14 April 1990) extending this power to the customs
offices referred to in the complaint.

The Commission has therefore decided to take no

further action in the case.

2. As for the other barriers to the free circulation of
goods mentioned by the Honourable Member, an
infringement proceeding under Article 169 of the
EEC Treaty is currently under way.

O OJNoC262,16.10.1989.

WRITTEN QUESTION No 772/89

by Mr James Fitzsimons (RDE)

to the Commission of the European Communities

_(23 November 1989)_

(91/C 98/02)

_Subject:_ Liberalization of cargo only flights

What assurances can the Commission give that, as
promised in the explanatory memorandum of
Luxembourg II, a proposal for the liberalization of cargo
only services to the same extent as passenger services will
be made this autumn and will be discussed and finalized in
parallel with passenger services?

Answer given by Mr Van Miert
on behalf of the Commission

_(14_ _March 1990)_

The proposal mentioned by the Honourable Member (')
was submitted to the Council in February 1990.

O COM(90) 63 final.

No C 98/2 Official Journal of the European Communities 15. 4. 91

WRITTEN QUESTION No 918/89

by Mr Jose Happart (S)

to the Commission of the European Communities

_(1 December 1989)_

(91/C 98/03)

_Subject:_ Air traffic

Excessive concentrations of air traffic have been noted in
certain airports.

The attainment of dominant positions is leading to an
increase in the number of monopolies on major routes.

While the situation concerning airspace management,
which is the subject of a report by the European
Parliament, is relatively satisfactory, that of airports is
posing increasing problems.

Is the Commission aware that this is likely to lead to an
increasing number of air disasters?

Has an exploratory study been made of the capacity of the
major airports, fixing maximum permissible limits for the
number of takeoffs and landings?

What proposals does the Commission intend to make
with a view to the completion of the internal market?

Answer given by Mr Van Miert
on behalf of the Commission

_(28 June_ _1990)_

The Commission is aware of the problem of
concentration in the air transport sector. It is currently
looking at a number of these operations to prevent
distortion of competition on particular routes and at
airports.

Management of air space would certainly be improved if
all the Commission's proposals on air traffic control were
adopted by the Council ( [l] ). On the question of airport
capacity, there are indeed problems at some airports of
which the Commission has taken account in its latest
proposal.

No studies have been made of the number of landings and
takeoffs at major airports, since these vary according to
the particular conditions at any airport which in turn
depend on environmental constraints, the configuration
of runways, weather conditions, curfews, etc.

The Commission has made many and varied proposals on
air transport with a view to the introduction of the single
market. The main proposals already put forward concern
greater liberalization, the application of the rules of
competition and social and technical harmonization (').

(') OJNoC34,10.2.1989.
O OJ No C 248, 29. 9. 1989; OJ No C 258, 11. 10. 1989; OJ No
CIO, 16.1.1990.

WRITTEN QUESTION No 1309/89

by Mr Wafried Tdkamper (V)

to the Commission of the European Communities

_(15_ _January 1990)_

(91/C 98/04)

_Subject:_ Agreement concluded between the EC and
Thailand on 1 July 1982

1. Is the EC paying compensation in respect of tapioca
on the basis of the voluntary restraint agreement
concluded with Thailand on 1 July 1982? If so:

2. What volume of appropriations has been set aside
for this purpose during the last financial year?

3. What purpose are these appropriations used for?
Has the Commission been able to verify whether these
appropriations have really been used for their intended
purpose?

4. Does the Commission know whether these
appropriations have produced the desired result?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(19 June 1990)_

In the Cooperation Agreement concluded in 1982
between the European Economic Community and the
Kingdom of Thailand on manioc production, marketing
and trade ('), it is stated that it is in their mutual interest to
stabilize the manioc markets in Thailand and the
Community.

To this end the Community has undertaken to do its
utmost to provide assistance for projects aimed at rural
development and crop diversification, particularly in the
poorest regions of the country (Article 6).

The assistance that has been given to Thailand can in no
way be considered compensation, but rather a
Community contribution allocated as part of its financial
and technical cooperation with the developing countries
in Asia.

In this connection the Commission has provided financial
and technical assistance in the form of grants totalling an
annual average of ECU 15 million. Community aid is
provided on the basis of financing for individual projects
and the annual amount of financing therefore depends on
the extent to which projects are in practice prepared.

With the general aim of crop diversification and
contribution to the rural development of the poorest

15. 4. 91 Official Journal of the European Communities No C 98/3

manioc-producing regions, Community aid first focused
on technical studies in order to make use of their
agro-ecological potential and to increase agricultural
credit. Subsequently, with the renewal of the manioc
Agreement, Community aid is being directed at specific
rural development and farm income diversification
schemes, based on the technical studies carried out
previously.

The projects are prepared according to Community
procedures for financial and technical assistance to the
countries of Latin America and Asia, in conjunction with
the Thai authorities. An action plan prepared by Thailand
serves as a basis for drawing up the projects, and a local
implementing agency appointed by Thailand is
responsible for carrying out each one.

The Commission also ensures that Community financing
is used solely for the objectives and activities agreed to
when the project financing decisions were taken.

The aid granted since 1982 has not produced the
hoped-for results in terms of diversification in the strict
sense, but it has definitely contributed to rural
development, and above all to an improvement in the
living standards of the poorest people in North East
Thailand, through agricultural credit measures or
projects to improve arable land (irrigation, drainage).
Community aid has also been used to establish techniques
of producing and improving alternative crops such as
rubber trees, silkworms and fruit and vegetables, which
have been introduced to good purpose even if manioc
production has not been directly altered.

O OJNoL219,27.7.1982, p. 52.

WRITTEN QUESTION No 17/90

by Mr Jose VaKerde Lopez (PPE)

to the Commission of the European Communities

_(26_ _January 1990)_

(91/C98/05)

_Subject:_ The Commission's position with regard to the
creation of the Euro-Arab University

As a result of the European Parliament's resolution of 30
March 1984 negotiations were started with the Arab
League and the Spanish Government with a view to
setting up a Euro-Arab University. In October 1986 there
was a tripartite meeting attended by the Commission. The
Spanish State Secretary for the Universities and Research,
Juan Rojo, said recently (in the newspaper 'Granada 2000'
on 7 November 1989) that Great Britain's reluctance to

participate in the Community's financing of the project
stems from the fact that the country's representative, at
the meeting of the Council of Ministers held on 12 June
1989, expressed reservations about the project as oudined
by Commissioner Matutes, because of procedural
deficiencies and inadequate information regarding the
project's contents. He also felt that the launching of the
Euro-Arab University would depend on die steps
Commissioner Matutes took to promote the project
within the Community.

What information can the Commission supply on this
subject?

Answer given by Mr Matutes
on behalf of the Commission

_(27 June_ _1990)_

In accordance with the conclusions of the Council
meeting of 12 June 1989 and the European Parliament
resolution of 30 March 1984, the Commission is
continuing to work on plans for establishing a Euro-Arab
University. The topic was also raised by several of those
attending the Euro-Arab Conference in Paris on 22
December 1989, who hoped to have the matter included
in the list of actions considered in connection with
relaunching the Euro-Arab Dialogue.

The Commission will not fail to inform Parliament of any
progress achieved.

WRITTEN QUESTION No 115/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(8 February 1990)_

(91/C 98/06)

_Subject:_ Proceeds of the sale of Salzgitter

According to press reports, the Federal German
Government is to spend the proceeds of the sale of the
State-owned company Salzgitter — approximately DM 2
billion — on environmental research.

Can the Commission guarantee that the proceeds of this
sale will not constitute a form of government assistance to
the environmental sector which will create a distortion of
competition?

Supplementary answer given by Sir Leon Brittan
on behalf of the Commission

_(29 August_ _1990)_

Further to its answer of 15 March 1990 ( [l] ) the
Commission is now in a position to inform the
Honourable Member of the outcome of its inquiries.

No C 98/4 Official Journal of the European Communities 15. 4. 91

The proceeds of the sale of the Government holding in
Salzgitter AG to Preussag AG, with effect on 1 October
1989, amount to some DM 2,500 million. These proceeds
are, in accordance with a decision by the Federal
Government, to be used for the setting up of an
environmental foundation 'Deutsche Bundesstiftung
Umwelt', probably after the summer break. The details
regarding the organisation of the foundation will be laid
down in a Charter, which the Federal Government will
transmit in due course to the Commission.

In the current view of the Federal Government, the
foundation would assist projects on protection of the
environment taking particular account of small and
medium sized business.

In particular, consideration will be given to the following
tasks:

— R&D and innovation in environment-friendly and
health-friendly processes and products

— exchange of knowledge on the environment

— cooperation projects on the application of
environmental technology

— preserving the national cultural heritage against
harmful environmental influences

— awarding an annual environment prize.

On the basis of this information, the operation does not
seem to give rise immediately to any state aid problems. A
final assessment of the state aid aspects of this will
however, be made when the Commission receives full
information in respect of the Founding Charter.

O OJNoC 139,7.6.1990.

WRITTEN QUESTION No 195/90

by Mr James Ford (S)

to the Commission of the European Communities

_(14 February 1990)_

(91/C 98/07)

_Subject:_ Cruelty to kangaroos

Since Parliament adopted the Muntingh report in
September 1987 ('), calling on the Commission to 'bring
every possible form of pressure to bear so as to remind
Australia, in particular, Queensland and Tasmania of its
responsibilities with regard to protecting its tropical
forests and the kangaroo living in them' what action has
been taken by the Commission to comply with this and
how effective does it think this action has been?

(') OJNoC281,19.10. 1987, p. 203.

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

_(13 June 1990)_

In discussing the European Parliament's Resolution
referred to by the Honourable Member with
representatives of the Australian government, the
Commission has on multiple occasions drawn attention to
its paragraph on tropical forests. In these discussions, it
became evident that the Australian government attaches
great importance to the conservation of its tropical forests
and of the kangaroos living in them. The Commission
should like to refer the Honourable Member to its reply
to Written Question No 567/89 (') by Mr Staes on the
kangaroo industry in Australia.

(') OJNoC94,11.4.1991, p. 1.

WRITTEN QUESTION No 447/90

by Mr Antoni Gutierrez Diaz (GUE)

to the Commission of the European Communities

_(7_ _March 1990)_

(91/C 98/08)

_Subject:_ Banking oligopoly in Andorra

Andorra, an enclave within the European Community,
does not have its own currency and its financial system is
based, for the most part, on Community currencies, in
particular the French franc and the peseta, so that in
practice it forms part of the EC economy. Its banking
system consists of five banks — most of them owned by
companies established in European Community countries
— which act in collusion and whose oligopoly was
confirmed in the past by an inappellable decision of the
Andorran 'Tribunal de Corts'.

Will the Commission consider demanding a change in this
situation, which is clearly at variance with the
Community's competition legislation, in its negotiations
on the development of closer relations between Andorra
and the EC?

Answer given by Mr Matutes
on behalf of the Commission

_(6 June_ _1990)_

Although a geographical enclave within the Community
and despite special economic and political ties with two
neighbouring Member States, Andorra is none the less a
legal entity separate from the Community. Consequently,
Community law, for example in the field of banking or

15. 4. 91 Official Journal of the European Communities No C 98/5

competition, is not applicable to Andorra. Negotiations
with Andorra have taken place in the framework of the
negotiating directives adopted by the Council in March
1989. The directives themselves are based on a declaration
annexed to the Act of Accession of Spain to the European
Communities, which confines the negotiations in
question to trade issues.

WRITTEN QUESTION No 484/90

by Mr Juan de la Camara Martinez (S)

to the Commission of the European Communities

_(7_ _March 1990)_

(91/C 98/09)

_Subject:_ Prevention of fires

How is it that the Commission has not used up the whole
of Article 387 in the 1989 budget for the prevention of
fires, given that disasters involving fires are on the
increase in the southern countries of the Community?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(10 April_ _1990)_

The remarks in the general budget of the European
Communities for the financial year 1989 (*) specify that
Article 387 of the budget covers Council Regulation
(EEC) No 3528/86 of 17 November 1986 on protection
of the Community's forests against atmospheric
pollution O and Council Regulation (EEC) No 3529/86
of 17 November 1986 on protection of the Community's
forests against fire ( [3] ).

The remarks also state that the measures are intended to
protect forests against fire and air pollution and to set up
a forestry information network.

The Commission wishes to point out that all the
commitment appropriations under Article 387 of the
budget were used and that the appropriations under this
Article are differentiated.

Only 44% of the payment appropriations in the budget
were used because the recipients under certain projects
carried out under the above-mentioned Regulations,
many of which are multiannual, have applied for
extensions of the time limits for implementation for
technical, weather and other reasons. Many applications

for payment relating to projects from previous years did
not therefore reach the Commission's departments in
1989.

O OJNoL26,30.1.1989, p. 525.
O OJNoL-326,21.11.1986,p.2.
O OJNoL326,21.11.1986,p. 5.

WRITTEN QUESTION No 529/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(16_ _March 1990)_

(91/C 98/10)

_Subject:_ Transport infrastructures for the Atlantic
regions

On 30 November 1989 the European Transport
Commissioner Mr Karel van Miert warned that decisions
needed to be taken urgently in respect of major
infrastructures. To underline his argument in favour of a
multiannual investment programme, the Commissioner
referred to the need for communications with the East.
What about the western area of Europe and, in particular,
the regions along the Atlantic axis, which zone are also in
urgent need of transport infrastructures!

What steps does the Commission intend to take, in
cooperation with the Atlantic regions, to draw up a
programme of European infrastructures ?

Answer given by Mr Van Miert
on behalf of the Commission

_(5 July_ _1990)_

The Commission recalls its many initiatives, which have
always enjoyed Parliament's support, aimed at
implementing a real common infrastructure policy. The
opening-up of Eastern Europe makes it all the more
urgent to create and interconnect major infrastructure of
European interest required for the internal market.

The Commission would stress that it already takes
account of the need to interconnect the Atlantic regions
and to connect them to the Community's major trade
flows. A number of projects of direct interest to these
regions are included in the amended proposal for a
Council Regulation on the implementation of an action
programme in the field of transport infrastructure (').

As the Honourable Member is aware, the Commission"
has undertaken a strategic study of the development of

No C 98/6 Official Journal of the European Communities 15. 4. 91

the Atlantic regions, and this should be completed by the
end of this year.

O COM(89)238.

WRITTEN QUESTION No 739/90

by Mrs Barbara Duhrkop Duhrkop (S)

to the Commission of the European Communities

_(27_ _March 1990)_

(91/C98/11)

_Subject:_ The Euro-Arab University

At its meeting of 12 June 1989 the Council took note of
the tripartite meeting between the Commission, the
Spanish Government and the Arab League held on 29 and
30 October 1986 in Brussels, at which it was decided to
form a working party to re-examine the legal, academic
and financial aspects of the projected Euro-Arab
University. At this meeting (12 June 1989) the Council
instructed Commissioner Matutes to continue the work
of studying and monitoring this project.

What steps has the Commission taken since then and what
were the conclusions of the meeting between the
Commission delegation and the Arab League held on
Wednesday, 28 February 1990 in Tunis to consider the
projected Euro-Arab University?

Answer given by Mr Matutes
on behalf of the Commission

_(17 July_ _1990)_

In accordance with the Council's conclusions of 12 June
1989, the Commission is continuing talks on the
implementation of the Euro-Arab University project that
was the subject of Parliament's resolution of 30 March
1984. A number of participants at the Euro-Arab
Conference, held in Paris on 22 December 1989, also
referred to the project and advocated putting it forward as
an operation for the resumed Euro-Arab dialogue.

The Commission has had talks with the Spanish
authorities and the Secretariat General of the Arab
League which showed that all parties are still interested in
the project.

The Commission will not fail to keep Parliament abreast
of any developments in connection with this project.

WRITTEN QUESTION No 788/90

by Mr Edward Kellett-Bowman (ED)

to the Commission of the European Communities

_(29_ _March 1990)_

(91/C 98/12)

_Subject:_ Internal market in shipping

Further to the Commission's response to my
Question 875/89 (*), will the Commissioner explain why
small coastal yachts have been excluded from the internal
market in shipping, and when steps will be taken to
correct this anomaly, which discriminates so blatantly
against non-Greek coastal yachts?

O OJ No C 171,12. 7.1990, p. 12.

WRITTEN QUESTION No 944/90

by Mr Edward Kellett-Bowman (ED)

to the Commission of the European Communities

_(17 April_ _1990)_

(91/C 98/13)

_Subject:_ EC coastal yacht charter companies operating in
Greek waters

In view of the fact that Greek charter companies operate
in British waters and in the waters of other Member States
without restriction, what steps does the Commission
propose to take to ensure that Greece ends its policy of
banning non-Greek charter companies from its own
waters?

Joint answer to Written Questions No 788/90 and

No 944/90
given by Mr Van Miert

to the Commission of the European Communities

_(6 July_ _1990)_

Greek law prohibits coastal operations in its waters by
ships under other flags than the Greek flag.

Equally it prohibits coastal operations by any ships larger
than 1 500 GRT. France, Italy, Spain and Portugal have
also laws prohibiting operations under other flags than
the national flag in cabotage trades. The Commission
presented a proposal to the Council on 3 August 1990 (')
with a view to liberalizing cabotage services in maritime
coastal trades.

The Commission's proposal to start with liberalization of
maritime cabotage did not include vessels with a gross
tonnage of less than 500. The time was not yet found ripe
for this, because of the expected socio-economic effects

15.4.91 Official Journal of the European Communities No C 98/7

on certain coastal areas of the Community where small
enterprises make a living from tourism and related
activities.

Such effects being out of relation to the immediate
benefits which liberalization in this particular sector
might yield, the Commission considered it wiser to first
await the outcome of the discussions in the Council on its

present proposal for liberalization.

(') OJ No C 263,16.10. 1989, p. 17.

WRITTEN QUESTION No 789/90

by Mr Francesco Sperone (ARC)

to the Commission of the European Communities

_(29 March 1990)_

(91/C 98/14)

_Subject:_ Relations with the Republic of Lithuania

The Lithuanian Parliament, freely elected after 50 years
of colonial oppression by the Russian empire, has
proclaimed the restoration of Lithuanian independence.

What kind of political and economic relations does the
European Community intend to establish with the
Republic of Lithuania?

Answer given by Mr Andriessen
on behalf of the Commission

_(12 July 1990)_

As the Honourable Member will be aware, in the
framework of Political Cooperation the Twelve have
issued two statements on the situation in the Baltic

Republics and in particular Lithuania on 24 March and 4
April.

As stated on 24 March, they consider that the nature of
the future constitutional relationship with the USSR is a
matter that is best left to the peoples of the Baltic
Republics and the Soviet authorities to resolve through
dialogue, avoiding the use, or threat of force in
accordance with the principles of the Helsinki Final Act.
The statement of 4 April reiterated the call for a dialogue.
This now appears to be happening in the case of
Lithuania. Given good will on both sides this difficult
situation should be resolved.

In keeping with the observations made by Ministers on 19
May at Parnasilla, the Commission believes that long
term relations between the Community and Lithuania and
questions such as economic assistance and the
improvement of conditions of trade, can only be

examined when the Lithuanian government and the Soviet
authorities have settled the question of the external
economic competence of Lithuania.

As the Honourable Member will be aware, individual
Member States of the Community undertake projects and
joint ventures which foster economic cooperation with
the Baltic Republics, which have been free under Soviet
legislation to develop foreign economic contacts since
January 1990.

WRITTEN QUESTION No 797/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(29 March 1990)_

(91/C 98/15)

_Subject:_ Financial markets

The uncertainty of the financial markets, the recent falls
in share prices and the recovery of the Tokyo Stock
Exchange, the fluctuations in the yen, the dollar and
sterling, the failure of Drexel Burnham Lambert and its
repercussions on the First Boston Bank, and American
Express, the US deficit, the economy of gamblers,
financial and currency speculation wiping out millions
from the productive sphere and the Third World debt all
show that the economic progress of the three pillars of the
capitalist world — the US, Japan and Western
Europe-EEC — rest on shaky foundations.

Can the Commission say whether it is sticking to its
optimistic forecasts on the EEC's economic and financial
prospects and what its views are on this latest spiral of
political and currency speculation?

Answer given by Mr Christophersen
on behalf of the Commission

_(12 June 1990)_

The Commission is in the process of revising their
forecasts; the new forecast should be completed by the
beginning of June. It seems likely that the economic and
financial outlook for the EC will be broadly in line with
the previous forecast, dating from October 1989.

The recent evolution of financial markets inside the

Community does not give rise to new problems: stock
markets have risen, rates of interest, although high by
historical standards have declined slightly since the
beginning of the year, the EMS has been characterised by
an absence of tensions since the entry of the lira into the
narrow band in January.

No C 98/8 Official Journal of the European Communities 15. 4. 91

The fall of the yen is the only significant new factor which
could be negative, but it is hoped that this tendency can be
stopped by international cooperation.

WRITTEN QUESTION No 877/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(9 April 1990)_

(91/C 98/16)

_Subject:_ Expiry of the Multifibre Arrangement in 1991

Given that the current Multifibre Arrangement (MFAIV)
is due to expire on 31 July 1991 and, as a result, there is
grave concern about possible job losses in the textile
industry, particularly in areas such as Strathclyde in
Scotland, where approximately 25 000 people are
employed in this sector, will the Commission commence
immediate negotiations for an extension of the
arrangement beyond 1991 in order to allow the industry
to adapt to the pressure of fierce competition?

Answer given by Mr Andriessen
on behalf of the Commission

_(2_ _7 June 1990)_

Whilst the current MFA expires on 31 July 1991, the
Community is actively engaged in the multilateral trade
negotiations of the Uruguay Round, due to be concluded
in Brussels in December, which should lead to the
elaboration of the modalities for the integration of the
textiles sector into the GATT on the basis of strengthened
GATT rules and disciplines as set out in the Punta de Este
Declaration.

The Commission has from the beginning adopted an
active and constructive approach as it is convinced that
integration into GATT will lead to substantial benefits for
the textiles sector. Since this integration must take place
on the basis of strengthened GATT rules and disciplines,
the Community has developed a position — faithfully
reflecting the Punta de Este mandate — which establishes
a parallel between, on the one hand, the progressive
elimination of existing restrictions and, on the other
hand, the application of strengthened GATT rules and
disciplines.

However, in order not to endanger the structural
adjustment which the Community industry has already
achieved through investment and innovation and to
enable it to pursue this adjustment, the integration
process must be implemented progressively by way of a
transition period of sufficient duration. This will also

enable all participants in international textiles trade to
adjust to the new situation by giving predictability both to
importing countries and exporting countries. In this
context the Commission will insist on the possibility of
renewing bilateral agreements with the Community's
suppliers in order to secure an orderly development of
trade, and on the need for a specific transitional safeguard
mechanism.

The Commission also believes strongly that the
strengthening of GATT rules and disciplines should
ensure the effective and lasting opening up of world
markets by the contribution of all participants and the
creation of fair competitive conditions, particularly
through improved disciplines as regards subsidies,
through operational anti-dumping rules, improved
protection of intellectual property and nondiscriminatory access to raw materials.

This is the main thrust of the Community's effort in the
multilateral negotiations in order to ensure a positive
result for the textiles negotiations and the Uruguay
Round.

The Commission would refer the Honourable Member to

its answer given to oral question H-345-90 of M.
GasdlibaiBdhmC).

O Debates of the European Parliament No 389 (April 1990).

WRITTEN QUESTION No 887/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(9 April 1990)_

(91/C 98/17)

_Subject:_ Implementation of UN resolution of 8 December
1988 on a new humanitarian international order

On 22 November 1988, after a long period of preparation
drawing on the joint sponsorship of 32 states, including
Belgium, Italy, Luxembourg and Portugal, a remarkable
French initiative was concluded with the unanimous

adoption of a resolution on humanitarian assistance to the
victims of natural disasters and equivalent emergency
situations. This is an innovating document in that it makes
assistance to victims an indispensable feature of
adherence to the principles of humanity, neutrality and
impartiality inspired by the activities of the international
Red Cross: an emergency automatically creates the right
and duty of free access to the victims, requiring the
opening of corridors of passage in bordering states and
reciprocal support by non-governmental organizations
and states. Morally, non-assistance to persons and
peoples in deadly danger can result in a finding of guilt,

15. 4. 91 Official Journal of the European Communities No C 98/9

and may be invoked over and above the rules of war for
which there exist the 1949 Geneva Conventions and the
1977 additional protocols. The resolution nevertheless
remains non-binding.

The Secretary-General has been asked to consult with
governments with a view to having the 1990 General
Assembly consider proposals to widen the practical impact
of the 1988 resolution, probably by issuing a formal
declaration comparable to that of 1948 on human rights. I
should therefore like to know whether, and if so how, the
Commission is making preparations for the Member
States of the Community to draw up and express their
own point of view, and perhaps subsequently to adopt a
common approach to be set out before the 1990 General
Assembly on behalf of the Community.

Answer given by Mr Matutes
on behalf of the Commission

_(27 June_ _1990)_

The UN General Assembly resolution cited by the
Honourable Member requests the Secretary-General to
continue consultations with governments, governmental
and non-governmental organizations and the
independent Office for Humanitarian Affairs and to
report to the 45th session sof the General Assembly on the
progress made with regard to humanitarian issues.

The Commission has continued to carry out emergency
aid operations to assist the victims of natural disasters in
the developing countries and other non-member
countries, thereby contributing to the implementation of
the resolution of the United Nations General Assembly
on humanitarian assistance for the victims of natural
disasters and equivalent emergency situations. In 1989 the
Commission thus committed ECU 55 926 000 of
emergency aid, in addition to food aid and other forms of
humanitarian assistance.

In accordance with the Single Act, the Member States'
points of view concerning the work of the United Nations
must be coordinated, in particular with regard to any
possible project for a new humanitarian international
order. The Commission is willing to play a part in this
connection.

WRITTEN QUESTION No 958/90

by Mr Herman Verbeck (V)

to the Commission of the European Communities

_(25_ _April_ _1990)_

(91/C 98/18)

_Subject:_ EC and development cooperation

The Dutch National Advisory Council for Development
and Cooperation (NAR) recently published a report

entitled 'the European Community and Development
Cooperation' stating that the European Community's
development policy pays insufficient attention to the
environment.

1. What view does the Commission take of the proposals
for improvements contained in the report, in
particular:

— the employment of more experts by the EC in
Brussels;

— increasing European environmental research
capacity, for example by setting up an independent
research centre to carry out social,
macro-economic and environmental analyses in
connection with structural adjustments;

— the introduction of a special Third World
environment fund?

2. Does the Commission acknowledge the need for this
and is it prepared to examine Community measures
directed towards the completion of the internal
market in respect of their impact on developing
countries, as recommended by the NAR?

3. Does the Commission agree with the NAR that a
structural increase of development aid by EC Member
States is desirable to alleviate the disadvantages for
the developing countries arising from the completion
of the internal market?

Answer given by Mr Marin
on behalf of the Commission

_(6_ _September 1990)_

1. The Commission has examined with interest the
report on The European Community and Development
Cooperation published by the Dutch National Advisory
Council for Development Cooperation.

The Community's development aid policy by no means
pays insufficient attention to the environment.

The conclusions of the Council meetings on development
of 21 November 1989 and 29 May this year, like the
fourth Lome Convention, demonstrate the importance
attached to this subject, and the gradual strengthening
and refining of the objectives, criteria and fields of action
in this respect. Having started with a single specific
environmental component under Lome III — covering
drought and desertification control — Lome IV has gone

No C 98/10 Official Journal of the European Communities 15.4.91

on to adopt a broader, dual approach based on the
protection of the environment and efficient management
of natural resources.

The Directorate-General for Development, in
conjunction with a central unit of environmental experts,
has the task of ensuring that projects incorporate the
environmental dimension in the development process.
This Directorate-General also cooperates closely with the
Directorate-General for the Environment to see to it that

the concept of sustainable development is taken into
account in Community policies.

Setting up a Community research centre is not one of the
Commission's priorities. None the less, in view of the
importance of this issue, the third Framework
Programme of Community activities in the field of
research and technological development (1990—94)
states that the know-how and methods which are essential

for the preservation of the environment should constitute
two major factors in rural development and in the fields
of medicine, health and nutrition.

The idea of creating a special fund is the subject of
international discussions which the Commission is

following with due attention.

2. The Commission is devoting a great deal of
attention to the potential impact of the completion of the
single market on non-member countries, and in particular
developing countries. In this connection the Honourable
Member is invited to refer to the answer given to oral
question H-320/90 by Mrs Buchan ('). The Commission
has played a full part in several conferences and seminars
on this topic both in the above countries and in Europe.
Special mechanisms have been set up in the particular
context of ACP-EEC relations — both under the Lome

convention and outside it — to provide the ACP States
with the relevant information about the process of
completing the single market.

3. The Commission has always worked towards
increasing development aid, as was borne out quite
recently by the considerable increase in the resources
made available to the ACP States under the fourth Lome

Convention. The Commission has also made proposals to
increase the resources for both the Latin American and

Asian developing countries and the Mediterranean
countries. But in no way has this increase in Community
aid been seen as a way of directly compensating for the
alleged negative effects of 1992. The Commission is of the
opinion that existing cooperation instruments should be
used as the means to cope with any difficulties that might
arise for the Community's partners as a result of
completion of the single market.

(') Debates of the European Parliament No 389 (April 1990).

WRITTEN QUESTION No 965/90

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(2 5 April 1990)_

(91/C 98/19)

_Subject:_ Local revenue raising

As part of the Commission's efforts to remove barriers to
the free movement of persons within the Community,
does the Commission consider that it may eventually be
necessary for the Community to turn its attention to local
revenue raising within the Community, such as the Poll
Tax or 'Community Charge' introduced last year in
Scotland and shortly to be introduced in England and
Wales?

Answer given by Mrs Scrivener
on behalf of the Commissidn

_(22 June 1990)_

The Commission would point out that, in its view, taxes
on natural persons are a matter for each Member State
except where they conflict with the provisions of
Community law.

Consequently, it does not intend to harmonize income
taxes or local taxes such as the 'poll tax'.

WRITTEN QUESTION No 989/90,

by Mrs Anna Hermans (PE)

to the Commission of the European Communities

_(25 April 1990)_

(91/C 98/20)

_Subject:_ Use of pesticides in developing countries

It is a proven fact that chemical pesticides may constitute a
danger both to consumers and to the environment and
may upset the ecological balance in the long term.

Can the Commission say:

1. what pesticides are used in agricultural projects
financed by the EDF?

2. whether studies are carried out beforehand into the

local effects of pesticides used in these projects?

15.4.91 Official Journal of the European Communities No C 98/11

3. whether the use of pesticides is known to have adverse
effects on local farming, i.e. farming not included in
the projects?

4. whether sufficient information is given to the users of
these products and the local population who are
unacquainted with the products?

Answer given by Mr Marin
on behalf of the Commission

_(6 July 1990)_

1. There are at present more than 700 basic products —
i.e. active substances with different characteristics —

which are marketed under thousands of different names

around the world.

In the past the main types of product used were —
without reference to their trade names —

organophosphates (dianizon and other products with the
same suffix), organochlorines (DDT and others, but these
have been increasingly replaced by the first class),
pyrethrinoids and phenoxyacetic acids.

The Commission succeeded in having Regulation (EEC)
No 1734/88 (') of 16 June 1988 adopted. It has applied
since 22 June 1989 and restricts exports (and imports) of
certain dangerous chemicals, including certain pesticides.
Twenty-one categories of chemicals, including DDT,
dieldrin, aldrin and endrin, are prohibited or strictly
controlled. When they are exported to non-member
countries the notification procedure established by
Article 4 of the Regulation automatically applies.

The main features of the Regulation are the obligation to
notify the appropriate authorities of the importing
country and to send a copy of the notification to the
Commission, which forwards it to the International
Register of Potentially Toxic Chemicals, and strict
packaging and labelling rules.

The fourth Lome Convention includes a specific article
which, in combination with the restrictions imposed by
the above-mentioned Regulation, will give the best
possible guarantees against inappropriate use or use
which is dangerous for health or the environment.

2. As regards development projects and, in more
general terms, the fight to control certain pests in certain
ACP regions, studies are under way or will be carried out,
for example on the environmental impact of using
pesticides to control pests which damage crops.

The Commission has also started to compile a
computerized data base entitled 'Pesticides and the
environment', which will soon provide a point of
reference for such products.

In view of the need for detailed knowledge of the
ecosystems concerned, the data base, which at present
covers 29 African countries, will later be extended to
other regions, including regions outside Africa.

O OJNoL 155,22.6.1988.

WRITTEN QUESTION No 1037/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(11_ _May 1990)_

(91/C 98/21)

_Subject:_ Aid for the press in Eastern Europe

Will the Commission respond to the call made by the
Director-General of UNESCO, Federico Mayor, for aid
to be given in one form or another to newly established
press organs in Eastern Europe which are one of the main
communication channels for the democratic system
recently introduced in that region?

Answer given by Mr Andriessen
on behalf of the Commission

_(4 February 1991)_

The Commission shares the Honourable Member's views

about the essential and decisive part played by a free press
in democratic countries and, in particular, in the
establishment and consolidation of democracy in Eastern
Europe.

In its proposals to the Council concerning negotiating
directives for the forthcoming European agreements with
Poland, Czechoslovakia and Hungary, the Commission
has provided for cultural cooperation and measures to
develop information and communication.

WRITTEN QUESTION No 1048/90

by Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(11_ _May 1990)_

(91/C 98/22)

_Subject:_ Closure of Namibian fishing grounds to
Community fishermen

Following Namibian independence on 21 March and the
decision of that country to ask foreign fishing fleets to
leave its territorial waters, all foreign vessels working the
fishing grounds in question have been faced with a crisis.
3 000 Spanish fishermen, largely from Galicia, are
affected; 80% of the hake eaten in Spain is caught in
Namibian waters.

No C 98/12 Officiai Journal of the European Communities 15. 4. 91

Since the Spanish Government has informed the country's
fishermen that all negotiations with the Namibian
authorities must be carried out via the European
Community's authorities and not bilaterally, will the
Commission state whether it took up the question of
protecting the long-standing interests of Spanish
fishermen in those waters before 21 March 1990 with the

Namibian authorities and negotiating an agreement
which would restore a balance between the interests of all

parties concerned.

Answer given by Mr Marin
on behalf of the Commission

_(4 July 1990)_

The Commission has been in close contact with the

Namibian government on the question of negotiating a
fisheries agreement.

The Namibian government wishes to find out more about
its resources before entering into negotiations with the
Community or any other country.

In this connection the Honourable Member is invited to

refer to the Commission's statement at the May
part-session of Parliament (') concerning the
representations it has made to the Namibian government.

(') Debates of the European Parliament No 390 (May 1990).

WRITTEN QUESTION No 1106/90

by Mr Christopher Jackson (ED)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 98/23)

_Subject:_ Development aid

When the single market is completed, after 31 December
1992, development aid tied to a single Member State
would appear to have implications for competition, in that
such aid may be said to be an indirect subsidy and
restriction of competition.

Does the Commission agree that development aid may,
post-1992, be tied only in respect of the EC as a whole?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(15 November 1990)_

The Commission agrees that development aid tied to a
single Member State could distort or threaten to distort
competition in the EC and could affect trade between the
Member States. The Articles 92 et seq. of the EEC Treaty
are therefore applicable to these aids.

The Commission is presently studying the practice of
tying bilateral development aid, with a view to ensuring
that the EEC Treaty is respected. In that context the
Commission points out that a solution to the competition
distorting effects of tied aid should be sought through
progressive harmonisation of export aid policy.

WRITTEN QUESTION No 1147/90

by Mr Ian White (S)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 98/24)

_Subject:_ World development

The EC estimates imports will grow by 7%, as a result of
internal market changes in 1992. Could the Commission
advise which least-developed countries and what
kind/quantities of commodities are expected to supply
such demand?

Answer given by Mr Marin
on behalf of the Commission

_(4 July 1990)_

It has indeed been estimated that additional EC import
growth, in volume terms, will amount to 7% over a six
year period from 1990 onwards, due to the completion of
the Internal Market. That is to say an extra 1 % per year. It
should however be borne in mind that this included both

intra-Community trade and extra-Community trade. This
result was obtained from macroeconomic model

simulations. To this should however be added that these

model simulations could not take into account changes in
the Community's import regime as a result of the
completion of the Uruguay Round, the conclusion of
Lome IV and the revision of the Generalised System of
preferences, all of which will have a positive impact on the
Community's imports in general and on the Community's
imports from developing countries in particular.

However, given the macro economic nature of the model
simulations, the Commission is not in a position to
determine which least developed countries will benefit
from the Community's import growth due to the
completion of the Internal Market. In the end the

15. 4. 91 Official Journal of the European Communities No C 98/13

distribution of the benefits of the 1992 programme will be
determined to a substantial extent by the ability of these
countries to take advantage of the additional trade
opportunities created.

WRITTEN QUESTION No 1162/90

by Mr Jose Happart (S)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 98/25)

_Subject:_ US corn-gluten imports

Sales of US corn-gluten on European markets are rising
continually.

The free entry of such products into the Community has
meant that Community public stocks of maize are also
rising, which is producing problems of fluctuating market
prices.

Does the Commission regard this distortion of
competition as justified and in accordance with the
GATT?

What action does the Commission intend to take in the

light of this attitude of the United States?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(20 June 1990)_

The Commission has, on numerous occasions, already
explained the Community's position on corn gluten feed
imports, as well as the situation of Community forage
maize producers. It has already drawn attention to the
trend in corn gluten feed imports in recent years, which
rose from 2 million tonnes in 1979 to 4,7 in 1989. It
should be pointed out that the level of these imports has
been stable since 1987 (4,7 million tonnes in 1987, 4,8 in
1988 and 4,7 in 1989).

As the Commission has already pointed out ('), some of
the problems facing these sectors are also the result of
inconsistencies between the support and protection
systems applied for different agricultural products.

The Community has therefore insisted, in its proposals to
the negotiation group on agricultural trade within the
framework of the Uruguay Round, that a significant
concerted reduction in state subsidies should be coupled
with a readjustment of external protection. The
Commission will soon develop the outlines of such a

readjustment in the negotiation group on agricultural
trade, which should take into account the problems raised
by the Honourable Member.

(') For example in its reply to Written Question No 593/89 by
Mr Herman, OJ No C 93,11.4.1990.

WRITTEN QUESTION No 1259/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(18 May 1990)_

(91/C 98/26)

_Subject:_ Harmonization of penalties imposed by the
Member States on the misuse of facsimile

machines by third parties

Facsimile machines are frequently misused by
undertakings or advertising agencies which use this new
means of communication to send out unsolicited

advertisements and offers. This overloads the system,
thereby hampering normal communications and
inconveniencing the owner of the facsimile machine by
delaying the sending or reception of urgent messages.
This also causes additional expense to subscribers since
they have to supply and pay for the sensitive paper in the
facsimile machines.

In the USA, the State of Connecticut has adopted a law to
the effect that those who are inconvenienced in this way
can prosecute the advertisers responsible and obtain
compensation of $ 200 for each offence. In a number of
the Community Member States bills have been tabled
containing penalties for the misuse of facsimile machines
by third parties. In Belgium a bill has been tabled
providing for compensation for victims and a fine or
prison sentence for offenders who are found to have
wilfully disrupted or prevented communications over a
telephone line through misuse of a facsimile machine.

What measures will the Commission take within the

framework of the Community telecommunications
market to harmonize legal or administrative provisions in
the Member States on penalties for the misuse of facsimile
machines by third parties?

Answer given by Mr Bangemann
on behalf of the Commission

_(4 October 1990)_

The Honourable Member's question raises the problem
of forms of advertising where a business targets a
potential customer direct, whether the latter is another

No C 98/14 Official Journal of the European Communities 15. 4. 91

business or a private individual. The means of
transmission for advertising of this nature is the
telephone, facsimile, telex, videotex or direct distribution
of promotional material.

The use of electronic communications technology is
therefore just one example of a wide-ranging problem
that can arise in all forms of advertising and must be
viewed in the light of rules on unfair competition.

There are legal precedents in some Member States
concerning direct advertising, and in particular telephone
advertising, which is banned in certain cases under the
rules on unfair competition. The objective is to protect
businesses from unfair competition and consumers from
disturbance by unwanted advertising.

The Commission intends to examine the problem in
overall terms before deciding what measures are
appropriate.

WRITTEN QUESTION No 1279/90

by Mr Francois-Xavier de Donnea (LDR)

to the Commission of the European Communities

_(22 May_ _1990)_

(91/C 98/27)

_Subject:_ Relations between the EEC and Colombia

In his speech of 4 April 1990 to Members of the European
Parliament, the President of Colombia, Mr Virgilio
Barco, requested that consideration be given to the issues
of customs duties on Colombian flowers entering the
Community, national restrictions on bananas from
Colombia and Community taxes on coffee.

What response does the Commission plan to give to this
request, in the light of the laudable and courageous
efforts of the Colombian Government to promote new
crops as an alternative to drugs?

Answer given by Mr Matutes
on behalf of the Commission

_(7 August_ _1990)_

The Commission, as it informed the Council on 5
February, has decided to increase financial support for
cooperation with this country to ECU 60 million for the
period from 1990 to 1993 (to put this in context,
Community aid to Colombia has for the past twelve years
been about ECU 2 million a year).

This aid will be directed mainly at the following
objectives: strengthening the business environment with
the aim of creating a climate propitious to growth in
investment and competitiveness and technology transfer;
diversifying agriculture (financial and technical
cooperation); specific anti-drug projects, and in particular
alternative crops.

The Commission has also presented a communication
concerning ('):

— A proposal for a Council regulation whereby
Colombia, Peru and Bolivia will enjoy the status of
least developed countries within the GSP. This
measure means that all the agricultural and industrial
products from these three countries will be able to
enter the Community market duty-free.

— A proposal for a Council resolution aimed at
coordinating Member States' responses to Colombia's
special programme so that Community measures are
made more effective by concerted action.

O COM(90) 254 final.

WRITTEN QUESTION No 1318/90

by Mr Jesus Cabez6n Alonso (S)

to the Commission of the European Communities

_(28 May_ _1990)_

(91/C 98/28)

_Subject:_ Import of sodium carbonate produced in third
countries

Sodium and calcium salts are traditionally mined and
extracted in Spain and other Member States. They are
frequently a source of wealth and (directly or indirectly)
of employment in less-favoured areas. Derivatives of
these salts are of fundamental importance in the chemical
and glass-manufacturing industries and are commonly
used for agriculture and stockbreeding and in other
sectors.

What legal and tariff measures have been envisaged by the
Commission to protect this major traditional economic
activity?

Is the Commission supporting third-country interests in
the drawing-up of future regulations and, if so, how does
it intend to prevent imports of natural sodium carbonate
at dumping prices?

Has it considered the impact of these future measures on
European producers? If so, with what result?

15. 4. 91 Official Journal of the European Communities No C 98/15

Answer given by Mr Andriessen
on behalf of the Commission

_(17 July_ _1990)_

In March 1989, the Commission initiated a review of the
anti-dumping measures concerning dense sodium
carbonate originating in the United States in force since
March 1983, in reponse to a request submitted by the US
producers and the Standing Committee of Glass
industries of the EEC.

The Commission sought and verified all information
required to establish dumping, injury and threat of injury.
Where necessary it carried out investigations at the
premises of the US producers and exporters, the EEC
producers, the importers and the consumers. On the
evidence gathered it appears doubtful that protective
measures are warranted at this stage.

The Commission's conclusions will shortly be presented
to the Member States. It is then up to the Council of
Ministers to confirm or reject these conclusions.

It should be emphasized that, if the current measures were
allowed to expire and the US producers then again
dumped their soda ash and caused injury to the producers
the Commission, acting on a complaint submitted by the
EEC producers, would promptly intervene on their
behalf.

Furthermore, if the new situation warrants the imposition
of corrective measures, and due to the history of dumping
in the case which makes importers aware that possible
dumping practices would cause injury, the Council may
decide to apply such measures retroactively under
Article 13 (4) of Regulation (EEC) No 2423/88 (*).

(') OJ No L 209,2. 8.1988.

WRITTEN QUESTION No 1319/90

by Mr Herman Verbeek (V)

to the Commission of the European Communities

_(28 May_ _1990)_

(91/C 98/29)

_Subject:_ Low concessional loans as a form of
development aid

Fl 215 million of the Netherlands development
cooperation budget for 1990 is earmarked for low
concessional loans (LCL) in the form of fully-tied aid.

A survey by the Development Cooperation Field
Inspectorate (IOV) shows that about 75 % of the projects

financed under the LCL programme have had no effect on
the development of the recipient countries and have
merely served the interests of the exporting Dutch
companies.

1. What percentage of overseas development aid takes
the form of tied aid in each of the Member States and

what amounts have been earmarked for low
concessional loans over the last five years?

2. Does the Commission consider that tied development
aid runs counter to the future achievement of a free
market in the award of public supply and public
service contracts?

3. In the interests of the poorest developing countries in
the weakest trading positions, is the Commission
prepared to amend the decision binding the Member
States to the OECD 'Arrangement on guidelines for
officially supported credits' or, alternatively, to take
measures to bring 'development aid' more closely into
line with development needs?

Answer given by Mr Marin
on behalf of the Commission

_(7 August_ _1990)_

1. Member States' national development policies do
not fall within Community competence. The Honourable
Member should refer to the publications of the
Development Assistance Committee (DAC) of the OECD
which shows the extent to which Member States' aid is

tied.

The term Less Concessional Loans (LCL), used to
designate certain loans granted to finance Dutch exports
relevant to the development of recipient countries, is
specific to the Netherlands. Statistics published by the
DAC do not therefore allow similar transactions that may
be undertaken by other Member States to be identified.

2. The Commission would refer the Honourable
Member to its reply to Written Question No 992/89 by
Mr White (') which stated that 'the conditions in which
such aid is provided must respect the EEC Treaty and
applicable Community rules on public procurement'.

3. The OECD arrangements, in particular the
guidelines for officially supported export credits, are
intended to curb the distortion of competition resulting
from government supported financing and to increase the
developmental quality of tied aid to developing countries.

The competent bodies in the OECD are currently
engaged in negotiations, a prime objective of which is to
improve the position of developing countries as recipients

No C 98/16 Official Journal of the European Communities 15. 4. 91

of aid. In its role as the representative of the Community,
the Commission will strive to achieve a positive outcome
in these negotiations.

O OJNoC 125,21.5.1990.

WRITTEN QUESTION No 1458/90

by Mr Victor Arbeloa Muru (S)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 98/30)

_Subject:_ New initiatives with regard to the Kurdish
problem

In view of the constant acts of humiliation, persecution
and attempted genocide inflicted on the Kurdish people in
Turkey, Iraq, Iran and Syria, including the unjust
resettlement of entire populations, what action does the
Commission intend to take apart from making statements
and giving money to refugees?

Answer given by Mr Matutes
on behalf of the Commission

_(30 August 1990)_

The Commission closely monitors developments in the
situation referred to by the Honourable Member. It has
on many occasions expressed the importance it attaches to
the principle of respect for the rights of minorities.

Apart from the means referred to by the Honourable
Member, which the Commission has already
implemented, there is little if anything the Commission
can do to find a humane solution to the problems of the
Kurdish people.

WRITTEN QUESTION No 1513/90

by Mr Proinsias de Rossa (CG)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 98/31)

_Subject:_ Disclosure of financial information

Will the Commission state whether it considers Ireland to

be in breach of the Fourth Directive on the disclosure of

financial information because of

1. the ineffectiveness of the Irish Companies Act in this
regard, and

2. the inability of the Irish Registrar of companies to
disseminate this information to the public due to a
lack of resources and facilities?

Answer given by Mr Bangemann
on behalf of the Commission

_(10 September 1990)_

The Commission is aware that the Fourth and Seventh

Company Law Directives (') were implemented in Ireland
by the Companies (Amendment) Act, 1986. This Act
became effective on 1 August 1986 and applies to
company accounts from 1 January 1987. Ireland thus has
had the necessary implementing legislation in place for
almost four years.

The effectiveness of the implementing legislation is a
function of the enforcement mechanism which applies it
and the extent to which that mechanism is put into use
against contraventions of the law. On this, the
Commission understands that a major overhaul and
modernisation of the Irish enforcement authority (the
Office of the Registrar of Companies) has been necessary
in order to apply the directives and is continuing, in order
to enforce their requirements more efficiently. The
Commission is not aware of any major lack of resources
or facilities in this regard and is informed that
computerisation is rapidly increasing the efficiency of
enforcement. This view is further reinforced by the fact
that one-third of the companies on the Irish Register
prior to 1987 have been struck off for failure to file annual
returns and some 600 companies have been prosecuted to
date under the Irish Act of 1986 and fines totalling
IRL 65 000 have been imposed against them. In addition,
annual accounts filed with the office of the Registrar of
Companies are available for public inspection — it is not a
requirement of Community or Irish law that such date
should be disseminated by the Irish authorities.

Accordingly, the Commission is satisfied that Irish
legislation implementing the Fourth and Seventh
Directives is in place, is being enforced and is being
monitored by the Irish authorities with a view to
improving its effectiveness. The Commission will,
however, keep this matter under review with the Irish
authorities.

(') OJ No L 222,18. 8.1978; OJ No L 193,18.7.1983.

WRITTEN QUESTION No 1526/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 98/32)

_Subject:_ Freedom of establishment and equal treatment
of workers

In its judgment of 27 March 1990 in Case C-113/89
(Rush Portuguesa Lda), the Court of Justice interprets

15. 4. 91 Official Journal of the European Communities No C 98/17

Articles 59 and 60 of the EEC Treaty and Articles 215 and
216 of the Act of Accession of the Kingdom of Spain and
the Portuguese Republic as meaning that an undertaking
established in Portugal which provides services in the
building and public works sector in another Member State
may travel with its own staff which it brings with it from
Portugal for the duration of the work. The Portuguese
Government claimed that, this being the case, working
conditions would be governed wholly by Portuguese law
since Portuguese workers temporarily abroad would not
be entering the labour market of the host Member State.

The Court stated, however, that Community law does not
prevent Member States extending their legislation or
collective labour agreements to any person carrying out
paid employment, even on a temporary basis, in its
territory, regardless of the employer's country of
establishment.

Can the Commission explain, particularly having regard
to the Social Charter, how freedom of establishment
should be exercised to ensure that equal treatment in
respect of salary, working conditions and social security is
not adversely affected and that social dumping is
prevented?

Answer given by Mrs Papandreou
on behalf of the Commission

_(6 September 1990)_

The judgment of the Court of Justice mentioned by the
Honourable Member does not refer to the freedom of

establishment but the secondment of workers in the

framework of the free provision of services.

In its Action Programme relating to the implementation
of the Community Charter of Basic Social Rights for
Workers, the Commission, under the chapter concerning
the freedom of movement, referred to a 'proposal for a
Community instrument on working conditions applicable
to workers from another State performing work in the
host country in the framework of the freedom to provide
services, especially on behalf of a subcontracting
undertaking'.

The fact that, in some sectors, the freedom to provide
services induces undertakings to send workers to another
Member State raises the issue of their working conditions,
which are generally defined by regulations applicable in
the country where the undertaking has its registered
office. Due to the fact that these working conditions are
different, there is a risk that, in addition to disadvantages
for workers, this will give rise to distortions of
competition between undertakings.

Consequently, the activity of prrviding services,
particularly subcontracting services, should respect the
following principles, it being understood that the diversity

of situations, particularly of a temporal nature, will be
taken into account:

— application of national legislation on public order,

— respect for generally binding collective agreements.

The Commission will therefore resort to the appropriate
Community instruments to ensure respect for these
principles.

WRITTEN QUESTION No 1529/90

by Mr Francis Wurtz (CG)

to the Commission of the European Communities

_(21_ _June 1990)_

(91/C 98/33)

_Subject:_ 1992 and the effects on the ACP countries

Given that Lome _TV_ covers the period during which the
single market will come into effect, when does the
Commission intend to answer the specific questions put to
it in the Joint Assembly's report on the effects of 1992 on
the ACP countries?

Answer given by Mr Marin
on behalf of the Commission

_(25 July 1990)_

During the ACP-EEC Joint Assembly's discussions the
Commission has had occasion to stress the importance
that it attaches to the proposals and questions put by that
body regarding completion of the internal market and
intends to see to it that they are followed up promptly. It
would also point out to the Honourable Member that,
without awaiting the introduction of all the instruments
for resolution practical implementation of the new Lome
Convention, and in accordance with an undertaking on its
part given during the negotiations, the Commission has
set up an informal Commission-ACP States working
party for the precise purpose of informing these countries
of the process leading to completion of the single market.
A first meeting on 22 May provided an opportunity for a
general overview of the measures already taken to that
end. Subsequent meetings should give a clearer idea of the
issues which are of special concern to the ACP States
themselves. It is on this basis that it can be decided how

best to answer the questions posed by the Joint Assembly
on the effects of 1992 on the ACP States, such as, for
example, sectoral study requirements.

No C 98/18 Official Journal of the European Communities 15. 4. 91

WRITTEN QUESTION No 1531/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 98/34)

_Subject:_ Trains

What is the view of the Commission about the safety and
advisability of driver-only operated trains, and in which
Member States do such services operate?

Answer given by Mr Van Miert
on behalf of the Commission

_(18 September 1990)_

Primary responsibility for rail traffic safety and the choice
of driver arrangements for any particular line, including
those referred to by the Honourable Member lies with the
networks.

The Commission is stepping up its efforts to improve the
overall safety of the railways. On 29 June the Council
adopted a common position on the EURET programme,
which includes provision for joint research on a future
Community command and control system. The
Commission will transmit its initial views on the matter to

the Council at the end of the year, in a report from the
high-level working party on the high-speed rail network
set up following the Council Resolution of 4 and 5
December 1989.

In its communication to the Council on a Community
railway policy ('), the Commission pointed out that even
if command and control systems for traffic were not
unified, they should at least be highly compatible in terms
both of equipment and of regulation of their use.

Cooperation with the national networks and the
organizations which represent them will make it possible
to make progress, if need be using legislation at
Community level to increase the standard of safety and
uniformity of operation on each section of the network.

(') COM(89) 564 final.

WRITTEN QUESTION No 1599/50

by Mr Maxime Verhagen (PPE)

to the Commission of the European Communities

_(2 July 1990)_

(91/C 98/35)

_Subject:_ Relations between the Commission and the
Government of Surinam

1. Can the Commission say what is the current position
overall as regards the consultations between the

Surinamese Government and the European Community
on the technical assistance to be provided by the
Commission to formulate an adjustment, recovery and
growth programme?

2. Can the Commission say what exactly is to be
achieved by granting technical assistance?

3. Can the Commission confirm that agreements have
already been concluded between it and the Surinamese
Government on the first stage of the adjustment, recovery
and growth programme?

4. If so, can the Commission indicate the content of
these agreements and say to what extent they have already
been acted on?

5. Is the Commission in contact with the Dutch

Minister for Development Cooperation in this regard?

Answer given by Mr Marin
on behalf of the Commission

_(7 September 1990)_

As part of general technical cooperation, the Commission
is already helping the Surinamese government to draw up
its work programme for recovery, growth and
adjustment. A team of experts went to Surinam on a
preparatory mission in June and July. It will be going back
there in the next few months to help the government put
the finishing touches to the programme, which will then
be presented to foreign aid donors.

The Commission is in contact with the Dutch Minister for

Development Cooperation in this regard.

WRITTEN QUESTION No 1602/90

by Mr Bouke Beumer (PPE)

to the Commission of the European Communities

_(2 July 1990)_

(91/C 98/36)

_Subject:_ European Corps of Citizens for Democracy

As part of the Eastern Europe Cooperation Programme,
the Netherlands has launched a project designated
'Netherlands Management Consultancy Programme
Eastern Europe' (NMCP). The aim is to make it possible
to send recently retired, highly qualified managers to
Eastern Europe to offer assistance to enterprises there in
becoming independent concerns and learning to operate
in a market economy. A similar programme has already
fared well in the developing nations. Costs are relatively
low, since the managers receive only expenses rather than
a salary.

15. 4. 91 Official Journal of the European Communities No C 98/19

President Bush has proposed a similar plan involving a
Corps of Citizens for Democracy.

Does the Commission see any possibility of setting up a
European Corps of Citizens for Democracy or of playing
a role in encouraging, and acting as coordinator for, such
a corps?

Answer given by Mr Andriessen
on behalf of the Commission

_(18 September 1990)_

The Commission welcomes the Netherlands' initiative in
setting up the 'Netherlands Management Consultancy
Programme Eastern Europe'.There is undoubtedly a large
untapped reserve of experience and know-how among
well-qualified retired business managers in the
Community which could be extremely valuable to the
Central and Eastern European countries in their efforts to
restructure their economies in the direction of a free

market.

The Commission does not intend to make any proposal at
this stage for setting up such a scheme on a Community
basis, but it will be following with interest the success of
the Netherlands' initiative as well as similar ones in other

countries.

WRITTEN QUESTION No 1666/90

by Mr Victor Arbeloa Muni (S)

to the Commission of the European Communities

_(4 July_ _1990)_

(91/C 98/37)

_Subject:_ Imports from the 'Turkish Republic of Cyprus'

Does the fact that some EEC countries import products
from the 'Turkish Republic of Northern Cyprus',
accompanied by certificates of origin, not constitute the
best guarantee of the legitimacy of the state in question,
which has so often been condemned by the European
Parliament?

Answer given by Mr Matutes
on behalf of the Commission

_(18 September 1990)_

The Community recognizes only one government, that of
the Republic of Cyprus.

With regard to imports from Northern Cyprus, the
Community abides by the principle laid down in Article 5
of the Association Agreement, which states that there may
be no discrimination between Cypriot nationals. This
implies that the entire population of the island should
benefit from the concessions provided for in the

Agreement. None the less, imports accompanied by
certificates referring to the Turkish Republic of Northern
Cyprus would not be allowed into the Community.

WRITTEN QUESTION No 1675/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(4 July_ _1990)_

(91/C 98/38)

_Subject:_ Ethnic Minorities Language Teaching

How does the Commission currently utilise the budget
line relating to Ethnic Minorities Language Teaching?

What plans does the Commission have to encourage
teaching of the following languages: Punjabi, Urdu,
Hindi and Gujarati, which are spoken by a considerable
number of EEC residents?

Answer given by Mrs Papandreou
on behalf of die Commission

_(26 September 1990)_

The Commission has indeed been entrusted by the
European Parliament to administer a budget line (B 636)
to safeguard and promote the regional or lesser-used
languages of the European Community, sometimes also
referred to as 'Minority Languages'. Under this budget
line, some support has been given to the teaching of some
regional languages. However, this action only concerns
the languages of the regional autochthonous minorities
within the European Community.

As far as the teaching of languages of non-European
origin, such as the ones quoted by the Honourable
Member, is concerned, the Commission has been able to
give some support to the teaching of such languages
within the framework of its activities in favour of the
education of the children of migrant workers. In
particular, projects in the United Kingdom aimed at
helping to improve the teaching of Punjabi, Urdu and
Bengali.

As far as the Commission's plans are concerned, the
Commission is presently hoping to complete its review of
policy in its area, pending the results of the General
Affairs Council in October 1990, which will discuss the
finding of a survey of the policy of Member States
relating to the integration of extra-Community
immigrants which a group of experts is presently
conducting in collaboration with the relevant services of
the Commission, at the request of the European Council.

No C 98/20 Official Journal of the European Communities 15.4.91

WRITTEN QUESTION No 1693/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(5 July_ _1990)_

(91 /C 98/39)

_Subject:_ Upgrading the status of the nursing profession

In some Member States, problems of hygiene in
connection with hospitalization and patient care are due
to shortages of nursing and paramedical staff. Such
shortages result from the fact that, under national
legislation, this group of workers is not defended with
regard to either professional qualifications or earnings. In
some instances, consequently, patients are obliged to go
into hospital in other Member States. Does not the
Commission therefore believe that it should put forward a
directive that upgrades the status of the nursing
profession on all Member States and accordingly provides
incentives for young people to opt for this profession?

Answer given by Mr Bangemann
on behalf of the Commission

_(6 September 1990)_

The Commission is aware of the problems referred to by
the Honourable Member, but the issues involved fall
within the competence of the Member States.

The Commission does not therefore envisage proposing a
Directive on this matter.

It should be noted, however, that any retraining would
need to take account of the minimum training
requirements laid down in Directive 77/453/EEC
concerning the coordination of provisions in respect of
the activities of nurses responsible for general care (').

(') OJNoLl76, 15.7.1977.

WRITTEN QUESTION No 1694/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(5 July_ _1990)_

(91/C 98/40)

_Subject:_ Compulsory presence of a port medical officer in
maritime health offices

The absence of a medical officer in maritime health
offices who can give vaccinations against various
quarantinable diseases and carry out medical inspections
with a view to issuing sailing certificates places a
considerable imposition on the medical orderlies who are
required to stand in for such officers for issuing clean bills

of health, in particular for vessels from countries subject
to the health order controlling specified diseases. Will the
Commission put forward a directive on safeguarding
public health which requires the authorities responsible to
assign a port medical officer to maritime health offices in
the Member States?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7_ _September 1990)_

The Commission does not propose to take any specific
action in this field.

WRITTEN QUESTION No 1725/90

by Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(5 July_ _1990)_

(91/C 98/41)

_Subject:_ Child begging

Tourists arriving this year in southern Europe are bound
to have the disagreeable experience which, year after year,
awaits them in the form of child beggars who prey on
their charity begging for money, thereby swelling the
profits of the organized begging business.

However, the violation of childrens' rights that this
practice entails has not roused the local authorities to take
any steps to remedy the exploitation of young children by
organized groups that take advantage of other peoples'
charity in this way.

Does not the Commission consider that it should exercise
its moral influence by making a general appeal against the
exploitation of child beggars, calling on local authorities
to ban the activities of organized groups of beggars and
on the public to refrain from giving money, since it will
not be used for the purposes for which it is intended?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 September 1990)_

The Commission shares the Honourable Member's
opinion that child begging organized by adults is a form
of exploitation of children which is in breach of their
rights, notably those recognized by the Convention on the

1 ^ 9 1 Official Journal of the Luropean Communities N o o e 9 ^ 1

eights of the Child ^rhich^as adopted by the united
Nations in 1989. Tlie Commission is engagedinanumber
of activities^at local as ^vell as nauonal level-^^itha
vie^v to integrating groups on the fringes of society,
notably in the framework of the community programme
^Poverty 0, and these activities are helping to solve
problems such as the one referred to by the honourable
^iember^ It is not planning any further iniuatives at this
stage^

wT^ITT^N^tlE^TI^NNo^^^B^O

b y ^ K e ^ e t h C o l ^ s ^

totheC^ommissio^ofthe^uropea^Commum^ies

^ ^ ^ ^

^91BC98B^

^ ^ c r . ProfessionofLandscapeArchitect

Is the Commission a^vare that, following the adopuon by
the Council on lOJune 198^ of the directive on the
education, practice and free movement of architects, the
profession of landscape architects agreed in 1989 to
support its general principles^ ^ill the Commission no^
recognize that this is a significant step and is it their
intention to proposeadirective on the free movement and
righttoestablishmentoflandscape architects^

A^^^g^^by^rHa^gemami
o^i behalf oftheC^omm^siGn

The Commission has atpresent no intention of proposing
any further sectoral directives on the recognition of
professional qualifications' Regulated professions not
covered by the existing sectoral directives ^ill be covered
bytheL^irectiveonageneral system forthe recognition of
highereducation diplomas awarded on completion of
professional education and training of atleastthreeyears^
duration ^89B^8BLLC^^,^vhich enters into force on^
January 1991, or by the complementary proposal on
lo^verdevel qualifications^, ^vhich is currently under
discussion in the Council

The C^ommission^sobiectives in this field are to facilitate

freedom of movement and freedom of establishment for
professionals within the Community, by opening up
access to the regulated professions to professionals
qualified in other member states. The Commission
believe that these objectives are satisfactorily achieved by
the t^vomeasures described above,and further sectoral
directives ^vill only be considered in future if experience
demonstrates thatthis is not the case.

In addition, thedifficultiesof achievingagreementon
sectoral measures in this field mean that the commission

is unlikelyto make furthersectoral proposals unless it can
be demonstrated that a large measure of consensus
already exists, both ataprofessionallevel and between the
member ^tatesthemselves.

C ^ j ^ o t m ^ ^ m m ^

wT^TT^N^tI^TI^NNG^^B90

bylvIrJoseHarros^oura^CC^

totheCGm^ss^Gfthe^u^Gpea^Commu^i^es

^ ^ ^ ^

^91BC^98B^

^ ^ c r . Calculation of retirementandinvaliditypensions

As a result of applying AmcleD of decree La^v
No^l^^iB^9 of ^D December, ^vhich governs the
calculation of minimum pensions for recipients of a
second pension ^in particular in respect of periods of
employment elsewhere inthe Community^, ridiculously
lo^pensionsarepaidby thePortugueseCovemment,
since, under these arrangements, the foreign pension and
the pensioncalculatedunderPortuguesela^vare taken
together in orderto determine the difference between this
and the minimum pension, seemingly this is in
implementation of the principle of aggregation of periods
of employment enshrined in Council Regulation ^LLC^
No 1^08B^1^^. It appears, however, that this procedure
runs counter totherule that pensionlevelsmustbein
proportion to entitlements acquired in each country.

The fact is thatthe above-mentioned la^releases the
Portuguese government from its obligationtopay the
minimum pension. ^A beneficiary ^ho^as entitled under
Portuguese la^ to a minimum pension and had not
forked abroad^ouldbepaiditinfulia,

CB^an the Commission say whether community la^v is
being complied within this instances

C ^ j ^ o i ^ 9, ^ ^ m ^ n D ^

A^s^erg^ve^by^sPapa^dreou
GnbehalfoftheCo^m^ssio^

regulation ^ ^ Nol^08BB^l on the application of
social security schemes to employed persons, to
self employed persons and to members of their families
moving within the Community^contains provisions on
the payment of oldage pensions ^hena^vorker has been
insured in t^oormore member states.

No C 98/22 Official Journal of the European Communities 15. 4. 91

The purpose of this Regulation is to coordinate the
application of the various social security schemes in the
Community, and it establishes the principle of
aggregation of insurance periods giving rise to pension
rights. It does not seek to harmonize national legislation,
and there are still certain disparities between Member
State's schemes, as regards both the conditions on which
benefits are awarded and the amount of benefits. Each

Member State is responsible for that part of the pension
corresponding to the insurance period completed under
its legislation.

Article 50 of the Regulation, which applies in this case,
provides that the recipient of pensions may not, in the
State in whose territory he resides and under whose
legislation a pension is payable to him, be awarded a
pension which is less than the minimum fixed by that
legislation for a period of insurance or residence equal to
all the periods of insurance taken into account for the
payment in accordance with the legislation of the various
Member States concerned.

If the total of the pensions payable by the various Member
States is less than the amount of the minimum pension
laid down by the legislation of the State in which the
recipient is resident, he is entitled to a supplement equal to
the difference between the total of the pensions due and
the amount of the minimum benefit, which must be paid
by the State where he resides.

If the total of the pensions is in excess of the amount of
the minimum pension fixed by the Member State of
residence, Article 50 does not apply.

In conclusion, the Commission considers that the
Portuguese legislation to which the Honourable Member
refers is consistent with Community law.

(') OJ No L 230, 22. 8. 1983. Last amended by Regulation (EEC)
No 2332/89 (OJ No L 224,2. 8.1989).

1985

DR Peat Products

Bulrush Peat Co. Ltd

Payments

1986

29 500

WRITTEN QUESTION No 1823/90

by Mr Paul Lannoye (V)

to the Commission of the European Communities

_(13 July 1990)_

(91/C98/44)

_Subject:_ The Community's financing of peat development
in Northern Ireland

Can the Commission state:

1. what amounts were granted to the LEDU (Local
Enterprise Development Unit — Nothern Ireland) by
the Structural Funds in 1987,1988 and 1989, and what
amounts were used to support businesses involved in
peat development for horticultural purposes or as a
source of energy? What are the amounts and the
businesses in question?

2. whether aid supplied to Nothern Ireland under the
VALOREN programme since that programme was
launched has been used directly or indirectly to
develop the peat bogs in the region ?

3. if this is the case, what are the amounts, the businesses
(developing which peat bogs? — site names) and the
dates involved?

4. what amounts were granted, in the same period and
under the same VALOREN programme or the
Structural Funds, for promoting the rational use of
energy (electricity in particular), and for reducing the
demand for energy?

Answer given by Mr Millan
on behalf of the Commission

_(23 November 1990)_

1. The amounts of ERDF (main fund) involved in
supporting peat development in 1987, 1988 and 1989 and
the beneficiary businesses concerned are as follows:

_(in pounds sterling)_

1987

42 375

187 551

229 926

Business

1988

75 020

23 600

98 620

1989

75 020

1 375

76 395

Prunty Peats

Tyrone Turf Co.

50 000

Total

15. 4.91 Official Journal of the European Communities No C 98/23

2. and 3. The VALOREN programme submitted by the
United Kingdom foresaw an ERDF contribution of
£556 350 million over the period 1986—1989 for the
extraction and processing of peat in Northern Ireland.

The money was to be used by the LEDU (Local
Enterprise Development Unit) in accordance with
Article 4.1.b. of Council Regulation (EEC)
No 3301/86 (') to provide financial assistance to
companies involved in the extraction and processing of

peat.

However, according to the annual VALOREN
Programme report for 1989, an ERDF amount of only
£23 411 was actually spent on peat extraction/processing
in the period 1986 to 1989.

Only two companies, Compeat Ltd and Biofuel Product,
presented eligible projects and claimed ERDF grants.

4. Under Article 4.2. of Council Regulation (EEC) No
3301/81 for the Valoren Programme in Northern Ireland,
the following ERDF contributions were forecast for
projects in the field of efficient energy use between 1986
and 1989.

_(in pounds sterling)_

ERDF

Contribution

210 000

924 375

24 125

907 500

2 066 000

NIE O Studies

DED ( [J] ) Energy Conservation Scheme

DED Energy Efficiency Scheme

Infrastructure DHSS ( [J] ),

Infrastructure DOE ( [4] )

Article 4.2. — Total

Total
Expenditure

300 000

1 848 750

48 250

1 650 000

3 847 000

(') Northern Ireland Electricity.
( [2] ) Department of Economic Development.
(') Department of Health and Social Security.
( [4] ) Department of the Environment.

The Energy Conservation scheme was designed to
safeguard and maintain employment in Northern Ireland
by encouraging enterprises to implement projects which
would improve their energy efficiency and reduce the
high dependence of Northern Ireland on oil.

Two projects under the scheme were approved and grant
aid of £ 234 135 was offered for projects costing a total
of £826 251. The energy Conservation Scheme was
superseded on 1 June 1988 by the Energy Efficiency
Survey Scheme, offering grants of 50 % up to a maximum
of £ 100 a day, to industrial and commercial companies
toward the cost of employing independent consultants to
give advice on measures to improve energy efficiency.
Total expenditure under this scheme in 1989 was £ 11 965
with a total ERDF claim of £ 5 983.

There were further programmes to improve energy
savings in the Public Sector, with energy savings
investment projects in four health board areas, a heat and
power investment project at the Water Services Sewage
Treatment works at Coleraine and research by the
University of Ulster into heat recovery. Further, an
Energy Enterprise Scheme was designed to promote
energy efficiency through exhibitions, seminars and
media advertising.

The actual total expenditure on Article 4.2 projects in the
period 1986—1989 amounted to £2 647 300 of which the
ERDF contribution was £ 1 386 733.

O OJ No L 305, 31. 10. 1986.

WRITTEN QUESTION No 1824/90

by Mr Paul Lannoye (V)

to the Commission of the European Communities

_(13 July 1990)_

(91/C 98/45)

_Subject:_ The VALOREN programme in Ireland

Can the Commission state the total amount granted to
Ireland since the initiation of the VALOREN programme,
and the purposes for which these funds have been used?

In view of the immense ecological importance and
sensitivity of the Irish peat bogs, what steps has the
Commission taken, or does it intend to take, in order to
facilitate the protection of these peat bogs by promoting a
reduction in the demand for energy in Ireland?

Answer given by Mr Millan
on behalf of the Commission

_(31 October 1990)_

Under Article 4 (i) b of the Council Regulation (EEC) No
3301/86 O of 27 October 1986 (Valoren Programme)
total investments amounting to IRL 16,5 million were
scheduled for development of peat resources up to the
end of 1989. A further investment of IRL 6,1 million is
scheduled for 1990 and 1991 giving a total for the period
1987-91 of IRL 22,6 million. 55% of this amount is EEC
funded. The other 45 % comes from Bord na Mona.

No C 98/24 Official Journal of the European Communities 15. 4. 91

These funds refer only to infrastructural development
work related to extraction and processing on six milled
peat sites, four sod peat sites and two further milled peat
sites which can be harvested to make briquettes.

According to the revised proposals for the Valoren
Programme (July 1990) the total figure for developments
of peat resources has been revised upwards by IRL
0,482 million, leaving the total figure at IRL
23 076 766 million.

The EC contribution to this figure has been revised
downwards, from IRL 12,426 million to IRL 11,9 million.

None of the peatlands proposed for development under
the Valoren Programme had been included in the
conservation lists of peatlands worthy of conservation,
drawn up by the Irish Peatland Conservation Council and
by the Wildlife Division of the Forest and Wildlife
Service.

In line with Commission concerns, the July revision gave
new emphasis to energy efficiency and conservation
under Valoren in Ireland, reflected in proposals
complementary to the peat investments. These include:

— development of a wind farm

— concentration of the natural gas programme on
investments designed to encourage efficient use of this

energy source

— a more 'hands-on' approach to auditing of the energy
needs of individual firms

— two projects to investigate the potential for
geothermal energy.

(') OJ No L 305, 31. 10. 1986.

WRITTEN QUESTION No 1856/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 98/46)

_Subject:_ Youth training in the United Kingdom

Is the Commission aware that the United Kingdom
Government intends a £ 300 million cutback in the Youth

Training Budget. Can the Commission say approximately
what proportion of this magnitude of expenditure would
normally be met by assistance from the European Social
Fund?

Answer given by Mrs Papandreou
on behalf of the Commission

_(10 September 1990)_

The Commission is not aware that the United Kingdom
Government intends to cut back its youth training budget.

In 1989 the European Social Fund committed about
£ 93 million towards the costs of the Youth Training
Scheme (YTS). No amounts have yet been agreed for
1990, but in view of the changed priorities it is unlikely
that any ESF contribution will be made towards the YTS.

WRITTEN QUESTION No 1882/90

by Mr David Martin (S)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 98/47)

_Subject:_ LomerV

With the approach of the Single Market in 1992 and the
genuine fear of many Third-World countries that this
project will turn into 'Fortress Europe' — as far as their
products are concerned — can the Commission reassure
these countries (and those NGOs and other organizations
who are concerned about this eventuality) that the
Commission is determined to work against that outcome
by reporting on the progress of its cooperation with the
ACP in the development of the trade and development
project whose objective, as outlined in Lome II, is to
establish a focal point in Brussels to act as a catalyst and
driving force in stimulating promotional work in trade
development and marketing?

Answer given by Mr Marin
on behalf of the Commission

_(10 September 1990)_

For the Commission's general approach to the impact of
1992 on the ACP countries, the Honourable Member is
requested to refer to the answer to Mr Wurtz's Written
Question No 1529/90 ( [l] ).

As regards the trade development project outlined in
Annex XX (Joint declaration on the improved use of the
trade and services development provisions), this is but one
of the means open to ACP States to address their priority
needs in the development of trade and services in general
and in the context of 1992 in particular.

15. 4. 91 Official Journal of the European Communities No C 98/25

In this context, the Commission, at the request of the
ACP States, organized, on 9-11 July 1990 in Brussels, an
important 'High-levtl Symposium of Strategic Trade
Issues in the context of Lome IV and 1992' for ACP

Ministers and Directors of Trade, which was attended by
150 delegates from 60 ACP States. This meeting was
addressed by over 20 distinguished trade development
experts from European and ACP institutions, trade
development organizations and international
development agencies, with a view to accelerating the
preparation and execution of ACP trade development
programmes in the context of the GATT negotiations,
1992 and Eastern Europe and the trade provisions of
Lome IV.

Aside from the question of access to the Community
market, which is dealt with under the general trade
arrangements of the Convention, Lome IV also provides
expanded opportunities under Title X on, Trade
Development (Articles 135-138) and Title LX on
Development of Services (Articles 114-134).

Annex XX reaffirms the need to give greater emphasis to
the development of trade and services in the context of
national and regional programmes of Community aid,
both for trade and services in their own right but also as
part of programmes in the fields of agriculture, rural
development and industry.

As to the specific trade project referred to by the
Honourable Member, this matter is under study by the
ACP States and the ACP secretariat at present. On receipt
of a fully justified project dossier, the Commission is
ready to respond positively, in a spirit of cooperation, to
assist ACP States to meet their identified trade and

services needs.

(') See page 17 of this Official Journal.

WRITTEN QUESTION No 1894/90

by Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(2 August 1990)_

(91/C 98/48)

_Subject:_ Massive overpayments by British Nuclear Fuels
to Eden Construction at the Sellafield complex,
amounting to approx. 15 million

The Commissioner must be aware of the recent

revelations of massive overpayments by BNFL to Eden
Construction during the activity of that company on the
Sellafield Project, and that Christopher Harding, the
Chairman of BNFL, was made aware of this in 1987 and
subsequently had it confirmed.

Would the Commissioner confirm that an investigation
was carried out by the international consultants, Coopers

and Lybrand, and that Eden Construction was bought out
by the Lilley Group of Glasgow?

Would the Commissioner state how much the total

overpayment was estimated to be and would he agree that
only total mismanagement could be responsible for such a
situation to occur?

Have similar overpayments been made to other
companies engaged by BNFL, and what precautions have
been taken to prevent a recurrence of such negligence
with public money?

In view of the totally unacceptable result of the
investigation carried out by Coopers and Lybrand, will
the Commissioner for competition policy ensure that a
full independent inquiry is carried out by the
Commission, and take any necessary action required?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(10 October 1990)_

According to the provisions of Article 41 of the Euratom
Treaty, the United Kingdom company British Nuclear
Fuels pic (BNFL) communicated to the Commission
several investment programmes related to the Sellafield
site.

On the basis of this information the Commission

delivered a positive opinion as regards the technical
characteristics of the project (').

The Commission does not have any factual information
which would enable it to comment on the matters referred

to in the first four paragraphs of the question. Nor has it
any information pointing to a breach or potential breach
of Community rules on competition, whether in the field
of agreements between companies or in that of State aids.
In these circumstances the Commission is of the view that

it is not open to it to initiate any inquiry into the matters
referred to or to take any other action.

O OJNoLl93,25.7. 1990.

WRITTEN QUESTION No 1904/90

by Mr Ben Fayot (S)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 98/49)

_Subject:_ Reduction in the supplementary pension for
frontier-zone workers employed in the Federal
Republic of Germany and Luxembourg

French frontier-zone workers who have completed 37 and
a half years of paid employment, taking into account

No C 98/26 Official Journal of the European Communities 15. 4. 91

periods of employment both in France and abroad, do not
receive a supplementary pension at the full rate if their
final place of employment is abroad.

A French frontier-zone worker whose final place of
employment is in Luxembourg or in the Federal Republic
of Germany does not, therefore, receive a full
supplementary pension.

Does the Commission not consider that this constitutes

discrimination which is incompatible with Community
rules on the equal treatment of workers?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 September 1990)_

The Commission regrets that in the absence of adequate
information it cannot answer the Honourable Member's

question.

From the facts alluded to it is not clear what measures or

practices may be contrary to Community law or whether
there is discrimination against foreign nationals or
whether an obstacle to workers' freedom of movement is

involved.

It would be helpful if the Honourable Member could
provide the Commission with details of any individual
cases that may have come to his knowledge.

WRITTEN QUESTION No 1964/90

by Mr Paul Staes (V)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 98/50)

_Subject:_ The Uruguay Round

Does the Commission believe that

1. an agreement dating from 1947 can still be capable of
regulating the present pattern of world trade along
fair and acceptable lines;

2. following the detente between East and West,
relations between North and South are now, more
than ever, the main problem area in world politics and,
although major changes in philosophy are required,
the GAIT rounds are one of the strongest levers for
achieving more normal North-South relations;

3. following the necessary changes, a number of GATT
rounds should primarily be geared towards ecological
and social priorities, to achieve a world society that is
not only acceptable but also viable and ecologically
and socially more balanced, which, in the present

world order, places exceptional responsibility upon
GATT, as regards savings in energy and raw
materials, an acceptable form» of agriculture and
commodity and raw materials prices that orientate
world trade, to help put and end to the structural
injustices between North and South?

Answer given by Mr Andriessen
on behalf of the Commission

_(12 October 1990)_

1. The GATT is a multilateral forum where national

governments acting as contracting parties seek — and
have so sought in 8 successive negotiating Rounds — to
moderate, adjust, modernise and coordinate their
commercial policies on a voluntary basis in order (a) to
expand and liberalise trade exchanges along generally
acceptable rules and (b) to minimise the risks inherent in
an undesirable return to the mercantilist era. The 8 GATT

Rounds have succeeded to such a degree in reducing tariff
and non-tariff barriers to trade that, conceptually, it is
very hard to imagine what the volume, value or quality of
trade would be in the hypothetical absence of the GATT.
This said, and after witnessing a spectacular growth of
world trade in the post-war II period to which GATT has
contributed greatly, the GATT is now gradually moving
towards an extension of its jurisdiction to the so-called
new sectors: Services, Intellectual Property, Investments.
This is indeed a sign of increased legitimacy, viability and
vitality of the GATT rather than the contrary, as
suggested by the Honourable Member.

2. The newly emerging cooperative basis in East-West
relations implies neither the abandonment by the
international community — including the EC — of the
North-South relationship nor, on the other hand, by
singling out or the exaggeration of this relationship
beyond any historical precedent. To put things into
proper perspective: East-West is one priority, and
North-South another. In the North-South

problematique, the role of world trade in general and of
the GATT in particular, is development, but it has to be
underlined that other macro-economic variables play a
role equal to or perhaps more important than that of
foreign trade.

3. In respect of long-term, substantial GATT
involvement in social or environmental protection issues,
one has to recall that other international organisation
such as UNCTAD, and UNEP and a growing number of
international Conventions (Basle, Montreal, London,
etc.) are better equipped than GATT in terms of
experience and expertise to deal more directly with the
social and environmental dimensions of economic

development. This said, the Commission feels confident
that the more international consensus tends to crystalise
on development, social and ecological issues, the easier it
would be for GATT to adjust its own responses to such
critical issues within a more positive general context. In
other words, the GATT logically could not possibly be
seen to endorse a self-defeating philosophy based on
trade-restricting initiatives, no matter how laudable these
are, unless the necessary, prior consensus is reached at the
highest political levels, that trade expansion and

15.4.91 Official Journal of the European Communities No C 98/27

environment protection are not contradictory but
complementary activities. By way of an example: The
GATT recently responded positively to a painfully
reached consensus that trade in 'Domestically Prohibited
Goods and other Dangerous Substances' should be
subject to certain GATT disciplines. A Working Party was
formed for that purpose which — in parallel to UR
activities — aims at reaching agreement or, at least, an
understanding on this sensitive political issue. The EC
alongside LDCs is playing a constructive and leading role
in this Working Group.

WRITTEN QUESTION No 1968/90

by Mr Jan Sonneveld and Mr Bartho Pronk (PPE)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 98/51)

_Subject:_ Alleged distortion of competition by government
subsidies to Dutch manure processing plants

1. Can the Commission clearly explain its policy with
regard to the assessment of national environmental
provisions in respect of distortion of competition?

2. Does it take account of the principles embodied in
Article 100 a (3) and (4) of the Treaty?

3. By adopting an unfavourable stance towards
support for the construction of Dutch manure processing
plants (as evidenced by its letter to the Netherlands
Government of 26 June 1990), has not the Commission
created a serious obstacle to endeavours by Member-State
governments to fulfil without delay environmental
objectives in respect of intensive stockbreeding?

4. In addition, is it not true that, despite the subsidies
granted in the Netherlands to manure processing plants,
the conditions of competition in this sector are much
more favourable in countries where environmental

requirements are less stringent than in those where
environmental costs will be very high and will steadily
increase over the next few years, which means that the
subsidies granted in the Netherlands cannot really be
regarded as a distortion of competition?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(12 October 1990)_

1. The general criteria applying to State aids aiming at
the protection of the environment are contained in the

Framework for State Aids in Environmental Matters, the

last version of which was communicated to the Member

States on 23 March 1987. This policy is designed to
facilitate progress towards full implementation of the
'polluter pays' principle.

Following the main limits prescribed by the framework,
the Commission regards as compatible with the common
market, aids given in order to facilitate compliance with
the standards established for the protection of the
environment if they are at a rate not exceeding 15 % of the
value of the investment aided and are given to
undertakings having installations in operation for at least
two years before entry into force of the standards in
question. Moreover, aids for such companies at a higher
rate are accepted for investment projects designed to
secure environmental protection levels higher than
current standards.

2. The Commission, fully taking into account the
principles enumerated in Article 100 A (3) and (4) of the
EEC Treaty, holds the opinion that the seriousness of
environmental problems in the Community requires the
continuation of a coherent policy in the field of State aids
aiming at both maintaining conditions of undistorted
competition and controlling pollution and protecting the
environment.

3. and 4. The Commission is well aware of the danger
to the environment caused by the necessary steps in order
to reduce such pollution. Some of these measures can take
the form of State aid and the Commission has in past
years accepted several aid schemes in the Netherlands and
in other Member States in order to improve storage,
spreading and processing of manure. For each of these aid
schemes, the Commission took into account that such aid
distorts competition, given that manure pollution is
mainly linked to concentrated, intensive animal farming,
which enjoys the lowest production costs. The
Commission nevertheless gave its approval in view of the
beneficial effect of the aid on the environment.

However, the Commission is aware that prolonged or
massive national aids, even for environmental purposes,
could in fact be to the detriment of the European
environment because the adjustive mechanism of the
'polluter pays' principle and its interaction with the
market is cancelled. This may allow the continuation of
inflated production levels or location in sensitive
environments of productions which the mechanism
referred to above would otherwise tend to reduce or

dislocate.

Conscious of this problem, the Commission has, in the
framework of its recent proposal to amend various
agricultural structural measures, with a view to better
environmental protection ('), announced an in-depth
study of this issue for animal manure.

Regarding the proposal of the Netherlands Government
to grant 35% investment aid for the construction of 20
large manure processing factories, however, the

No C 98/28 Official Journal of the European Communities 15.4.91

Commission decided to initiate the procedure laid down
in Article 93 (2) EEC, because it doubted whether such a
high level of aid for new installation would be in line with
the 'polluter pays' principle.

(') COM(90)366.

WRITTEN QUESTION No 1970/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 98/52)

_Subject:_ Home workers

How many home workers exist in each Member State?

Has the Commission prepared any studies on the
problems of homeworkers? If not, does the Commission
have any plans to study this issue?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 September 1990)_

At present no data is available at Eurostat on the number
of home workers in each Member State, and no studies
have been prepared on this topic.

From 1992, data will be collected by means of the
Community Labour Force Survey, which will make it
possible to examine this issue. In one of the questions
being introduced into the revised version of the survey
from that year, respondents will be asked whether their
work is performed partly or entirely at home.

The report _Women_ _in_ _Atypical_ _Employment_
(V/1426/89-EN), prepared in 1989 by an expert network
supported by the Commission, attempted to estimate the
numbers of women involved in home-working.

The question of home-working was also considered in
Chapter 7 of the 1989 _Employment in Europe_ report, where
the abovementioned estimate was also published.

In 1986, the Commission published the results of a study
on home-working in three Member States under the title:
_Home-working_ _in Italy, France and the United Kingdom_
(V/1910/86).

WRITTEN QUESTION No 2011/90

by Mr Alexander Laager (V)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 98/53)

_Subject:_ Diplomatic initiatives concerning violent
incursions by 'garimpeiros' into Yanomani native
territory in the State of Roraima (Brazil)

The Brazilian Native Missionary Council (CIMI) has
recently complained of fresh incursions by 'garimpeiros'
(gold prospectors) into native territory, in particular
Yanomani territory in the State of Roraima (Brazil), using
secret landing strips illegally but into operation and
involving the destruction of large areas of Amazon forest,
poisoning the rivers with mercury, bringing disease and
decay to the area and thereby jeopardizing seriously and
irreversibly both the survival of the native population,
which is already living in extreme hardship, and the highly
delicate environmental equilibrium. Such aggressive and
dangerous activities, which had been at least partially
rooted out after the awareness of a large section of the
Brazilian and international community had been aroused,
now appears to be starting up again with the apparent
connivance or at least passive acquiescence of the local
authorities and the police, according to trustworthy
reports received by the CIMI or publications such as the
'Porantim'. President Collor recently delivered a number
of important statements on this problem in Europe and
elsewhere, which may be belied by the facts if these
developments are allowed to continue uncurbed by the
competent authorities.

What measures does the Commission intend to take or

has it taken through the appropriate channels to confirm
that the Community is extremely concerned at such
developments and that its relations with Brazil depend in
no small measure on safeguarding the native people and
their natural environment, which are currently under
threat from 'garimpeiro' incursions and other dangers?

Answer given by Mr Matutes
on behalf of the Commission

_(4 February 1991)_

The situation of the Yanomamis, whose existence is
threatened by the incursions of gold prospectors into their
territory, is indeed a cause for concern. It is all the more
serious because the pace of change seems to indicate that
the ultimate fate of this tribe is extinction, unless
appropriate measures are taken very soon.

The Commission itself has no means by which it could
intervene directly in, or contribute substantially towards,

15. 4. 91 Official Journal of the European Communities No C 98/29

resolving the question. The Brazilian authorities are
currently reviewing the situation of the indigenous
peoples at the same time as the whole question of the
future of the Amazon forest.

Worldwide awareness of the seriousness of the tropical
forests question should help in the search for solutions to
related matters — and the question of the future of the
Indians is very direcdy related to the fate of the Amazon
forest.

Nevertheless, given the nature of the problem, it must be
clear that, whilst the many criticisms and excessive
applications of pressure help publicise the situation, they
profoundly irritate the authorities concerned and that, if
we are to achieve our goal and put an end to present
developments and their disastrous side-effects, more
diplomatic initiatives are indicated.

WRITTEN QUESTION No 2036/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 98/54)

_Subject:_ Interaction between the Orinoco and Amazonian
basins and the importance thereof for mankind

On 9 to 11 July 1990 an important meeting to discuss
'1992, an opportunity for an Arab-Latin American
encounter' was convened in Carmona (Seville) by the
office of the General Commissioner for EXPO 1992 at
the instigation of the Club of Rome. It considered
prospects for economic, social and scientific relations
between these areas. One of the main conclusions, which
was widely supported, was the need to support a project
of major strategic importance, such as the plan to convert
the Orinoco basin into an immense cultivated forest,
which would, in turn, help prevent the desertification of
the Amazon basin, thereby doubly benefiting mankind as
a whole.

Both the Arab and Latin American representatives
observed that as a Member State of the European
Community, Spain had a special role to play concerning
relations between these regions and the European
Community.

Does the Commission consider that it would be possible
to coordinate, through Spain and Portugal, a specific
Community contribution to large-scale projects in which
the Arab and Latin American countries intend to
participate, in particular the project concerning the
Orinoco and Amazon basins?

Answer given by Mr Matutes
on behalf of the Commission

_(4 February 1991)_

The projects the Honourable Member refers to certainly
have a symbolic value.

Nevertheless, there is no point in denying the battery of
obstacles that would have to be overcome in realising a
project of the type advocated or that the task of
coordination, which the Commission considers itself
unable to assume, would be extremely difficult.

WRITTEN QUESTION No 2045/90

by Mr Gijs de Viies (LDR)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 98/55)

_Subject:_ Draft US Foreign Tax Equity Act

The draft Foreign Tax Equity Act of 1990 (H.R. 4308)
seeks to impose stricter information reporting and
record-keeping standards on foreign enterprises than
would apply to US enterprises with respect to the same tax
issues. It also seeks to retroactively apply record-keeping
rules to foreign-owned corporations (sections 6038 A and
6038 C).

H.R. 4308 would permit the Internal Revenue Service to
extend unilaterally the assessment period in an audit of a
foreign corporation with respect to any tax issue. Less
stria auditing rules would apply to US corporations.

The proposed legislation would impose a capital gains tax
on foreign taxpayers. If stock gains could not be taxed by
the United States under a treaty with another country,
they would be recharacterized as taxable dividends, even
though they would not be treated as dividends if received
by a US shareholder.

1. Does the Commission agree that H.R. 4308, should it
become law,

(a) would contain several discriminatory provisions,
and

(b) would violate both the letter and the spirit of
existing US tax treaties with Member States of the
European Community?

2. Does the Commission intend to inform the United
States Administration of its views, and does it intend

No C 98/30 Official Journal of the European Communities 15. 4. 91

to initiate contacts with the Member States, so as to
ensure concerted action in Washington?

Answer given by Mr Andriessen
on behalf of the Commission

_(29 October 1990)_

The Commission agrees that, in its present form, this
piece of draft US legislation contains provisions which are
discriminatory and, in consultation with representatives
of Member States, the Commission has also been advised
that elements of bilateral taxation treaties concluded

between Member States and the US could be overridden.
The Commission and the Presidency of the Council drew
the US Administration's attention to their concern last

June.

WRITTEN QUESTION No 2047/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 98/56)

_Subject:_ US Federal Excise Tax

A US based company, or an individual resident in the
United States, wishing to purchase insurance from an
insurer outside the United States, pays a Federal Excise
Tax of 4 % on the premium. The tax is not payable if the
non-US insurer is established in the United States and has
been recognized as an authorized insurer, or if there is a
treaty between the US and the country in which the
non-US insurer is based, and this treaty contains an excise
tax exemption.

The US currently has treaties which include an excise tax
exemption with Belgium, Denmark, France, Italy and the
UK. The US also has tax treaties with Greece, Ireland,
Luxembourg and the Netherlands but these do not
contain such an exemption. A treaty with the FRG is in
preparation.

1. Does the Commission agree that this disparate set of
bilateral treaties can act as a barrier to the provision of
services by European corporations in the United
States, one of the world's main insurance markets?

2. Is the Commission prepared to seek a mandate from
the Council to negotiate a treaty with the United

States, providing for an excise tax exemption for
insurance provided to a US corporation or citizen by
insurance companies established in the European
Community?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(21 January 1991)_

Although the Commission is aware of the 4% US tax
levied on premiums for insurance taken out with a
European insurer, the Commission has no information
about any treaties affecting these taxes. The Commission
is continuing to enquire about the problems raised by the
Honourable Member and will come back to him as soon
as possible.

WRITTEN QUESTION No 2104/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 98/57)

_Subject:_ Drawbacks of the EC directive on third party
vehicle insurance

Is it true that this directive places certain risk groups, for
example the disabled, at a disadvantage since, in future,
insurers will be able to offer particularly favourable terms
for certain categories, which means that the 'good risks'
will not be included in general insurance schemes?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(26 October 1990)_

The Commission understands this question to refer to the
proposal for a directive on freedom to provide services in
the^ field of motor insurance (').

This proposal, on which the Council reached a common
position at its meeting of 20 June 1990, extends the
principles of the second non-life directive of 1988 and
thus introduces the distinction between large risks and
mass risks to classes 3 and 10.

For large risks, i.e. large vehicle fleet operators and large
industrial or commercial concerns in general, it would no
longer be possible for Member States to require the prior
approval of scales of premiums. For all other risks (mass

15. 4. 91 Official Journal of the European Communities No C 98/31

risks) Member States would continue to be able to
approve these, if they did so at the time of adoption of the
second non-life directive.

There is no reason why handicapped people should in
general, constitute a greater than average risk when
driving a car. The Commission has never received any
information to suggest that handicapped motorists have
difficulty in finding motor insurance, although in a
number of countries tariff freedom has long existed for
both large and mass risks and group contracts are normal
practice. Thus, it would seem unlikely that handicapped
people as such would be the subject of negative selection
by motor insurers.

Insofar as a certain category of people would constitute
an aggravated risk, a number of Member States currently
have arrangements to ensure that such a category can find
compulsory motor liability insurance at an affordable
price. The common position reached at 20 June last
includes a provision which allows Member States to retain
existing schemes or introduce new schemes having the
same objective. The proposal also requires insurers
providing cross-border services to participate in these
schemes.

O COM(88)791.

WRITTEN QUESTION No 2111/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 98/58)

_Subject:_ Common commercial policy and telecommunications

Under Regulation 17/62 ('), telecommunications
administrations in the Member States must notify to the
Commission all arrangements between them or with third
countries which may affect competition within the
Community.

1. How many arrangements between a Member State
and a third country have been notified since January 1,
1988?

2. In which cases did the Commission open infringement
procedures against Member States for failure to notify
an arrangement with a third country?

3. Which agreements that were notified gave rise to
objections on the part of the Commission?

4. Were any cases referred to the Court of Justice?

O OJ No 13, 21. 2. 1962, p. 204.

Answer given by Sir Leon Brittan
on behalf of the Commission

_(29 January 1991)_

Council Regulation 17/62 of 6 February 1962 (') requires
undertakings to notify to the Commission agreements,
decisions and concerted practices of the kind described in
Article 85(1) of the Treaty and in respect of which the
parties seek the application of Article 85(3). Bilateral
governmental agreements between Member States and
third countries are therefore not required to be notified to
the Commission under this Regulation. However, since 1
January 1988, two arrangements between a Member State
and a third country have been communicated to the
Commission at its invitation. One was between the UK

and USA, the other between the UK and Japan.

The Commission has not opened infringement
proceedings against a Member State or failure to
communicate an arrangement and it has not objected to
communicated arrangements.

No case has been referred to the Court of Justice.

(') OJNo 13,21.2.1962, p. 204 (Special Edition 1959-62, p. 87).

WRITTEN QUESTION No 2118/90

by Mr Wmifried Menrad (EPP)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 98/59)

_Subject:_ Performing rights fees in the EC

In the Federal Republic of Germany, the two copyright
organizations 'Gesellschaft fttr musikalische
Ausfuhrungs- und mechanische Vervielfaltigungsrechte'
(GEMA — Musical Performance and Mechanical
Reproduction Rights Society and the 'Gesellschaft zur
Verwertung von Leistungsschutzrechten' (GVL —
Performing Rights Society) enjoy monopoly status.
Practically all the standard market titles are in their
repertoire, and can, for example, be broadcast by radio
stations only when the stations have an appropriate
contract with both societies. Private stations, believe
themselves to be given a much less satisfactory deal than
public stations under the current system of performing
rights in the Federal Republic. Both the GEMA and the
GVL have established their rates on the basis of the

stations' advertising income, rather than profit and loss
figures (i.e. company balance sheets), for example. For
public stations, advertising income represents about 10%
of total income, while private stations have to be entirely
financed by income from advertising. Public stations,
moreover, not infrequently have to give up only a small
percentage of this income (e.g. they often receive
substantial rebates on the grounds of public utility).

No C 98/32 Official Journal of the European Communities 15. 4. 91

I would therefore ask the Commission:

1. how is payment of performing rights dealt with in
other European countries and, in particular, what
distinction is made between public and private radio
stations?

2. is there a possibility that in view of the completion of
the internal market in 1992, private German radio
stations will be able in the foreseeable future to

rescind their contracts with the GEMA and GVL and

sign up with another organization in another Member
State? If so, when can such arrangements be expected?

Answer given by Mr Bangemann
on behalf of the Commission

_(18 January 1991)_

1. The Commission does not have any precise
information on the methods of payment of royalties in
respect of radio broadcasts in the other Member States,
such methods normally being set out in agreements freely
negotiated between the users of works (radio stations)
and authors or collecting societies.

2. Under Community law as it now stands, radio
stations, like other users of works, are free to terminate
agreements concluded with collecting societies in their
country and to conclude new agreements with societies in
other countries.

This possibility is, however, of only limited interest to
radio stations, as collecting societies in other Member
States do not, as a rule, possess the broadcasting rights
they require. This is a consequence of the contractual
practice which prevails in Member States in the
exploitation of copyright, it being customary for right
holders to entrust the exclusive exploitation of their rights
to a collecting society in their country.

Moreover, there exists between the various collecting
societies a network of reciprocal agreements whereby, in
order to avoid administrative expenses, one authorizes
another collecting society to ensure the non-exclusive
exploitation of its portfolio of rights in that other
collecting society's Member State. These agreements have
a twofold aim. First, a work can be used in a given country
on the same conditions, whatever the nationality of the
owner of the rights. Second, additional administrative
expenses in collecting royalties are avoided, the foreign
collecting society being able to call on the services of the
society in the country of use.

In practice, therefore, a user such as a radio station can
buy performing rights, whether they be foreign or not,
only from the collecting society of the country in whose
territory the work is to be used. In the opinion of the
Court of Justice, this state of affairs is unobjectionable
from the point of view of Community law as long as the
reciprocal agreements between the collecting societies do
not amount to a concerted practice whose sole purpose is
to deny foreign users access to the repertoire. ( [1] ).

(') Case 395/87 _Ministere Public_ _v_ _Toumier,_ not yet reported.

WRITTEN QUESTION No 2129/90

by Mr Peter Crampton (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 98/60)

_Subject:_ Freedom of movement within the European
Community for ethnic communities

All British citizens are EC nationals and are therefore able

to benefit from the free movement of labour conditions

etc. under the Treaty of Rome. However, there are
substantial numbers of people who came to the UK as
immigrants many years ago, but due to problems
including long delays in the processing of British
citizenship applications, many are not officially British
citizens, and are therefore denied the benefits of free

movement within the EC.

What is the Commission intending to do about these
people who are clearly EC citizens and do have UK
residence status, but either because they cannot afford the
fee for naturalisation, or because their application is still
being processed, or because they cannot pass the required
test in English, are unable to become 'official' EC
citizens?

Answer given by Mr Bangemann
on behalf of the Commission

_(19 December 1990)_

In the current state of Community law, the provisions
with respect to the free movement of persons can only be
relied upon by citizens who have the nationality of one of
the Member States (and by the members of their family,
whatever their nationality). It is generally accepted that
the scope of each Member State's nationality is defined by
its domestic legislation. At the time of signature of the
Treaty of Accession, the United Kingdom made a

15. 4. 91 Official Journal of the European Communities No C 98/33

Declaration which defined, for the purpose of the
application of Community law, the term 'national' for the
United Kingdom. In view of the British Nationality Act
1981, the United Kingdom has since made a new
Declaration ( [1] ).

Persons who do not fall within one of the categories
mentioned in that Declaration, even if they are permanent
residents of the United Kingdom and even if they have
applied for British citizenship, cannot be considered as
nationals of that Member State. Hence, their situation,
with respect to residence and access to the labour market
in other Member States, remain governed by the domestic
legislation of that Member State.

Following the request of the European Council of
Strasbourg (8-9 December 1989), the Commission has
prepared a study on the social integration of migrants and
has transmitted it to the European Parliament and to the
Council.

(') OJNoC 23,28.1.1983.

WRITTEN QUESTION No 2183/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 98/61)

_Subject:_ Sale of munitions to Iraq

Would the Commission list the Community companies or
industries that have sold munitions, or material suitable
for conversion into conventional, chemical,
bacteriological or other weapons to Iraq?

Could the Commission also state the quantities of such
material involved?

Answer given by Mr Matutes
on behalf of the Commission

_(8 February 1991)_

The Commission is unable to list the companies that have
sold munitions to Iraq or to provide a full list of
companies that have supplied precursors for chemical or
biological weapons.

The mutual information system between the Member
States and the Commission is not yet sufficiently detailed.

The Commission has proposed establishing such a system
under the Regulation on precursors for chemical
weapons. The proposal is currently being examined by the
Council.

WRITTEN QUESTION No 2184/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 98/62)

_Subject:_ Capital adequacy

What representations has the Commission received
concerning the proposed definition of capital in respect of
the requirements for capital adequacy to be imposed on
firms in the financial services sector under the new

proposed draft Directive? In particular, what regard has it
given to the probability of a large number of the smaller
and medium-sized businesses in this field being forced
out of business if current proposals are pursued?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(29 November 1990)_

The Commission has received a large number of
representations from governments of Member States and
trade associations concerning the requirements of capital
adequacy (including those regarding the definition of
capital, and the levels of minimum initial capital, for
investment firms) to be imposed on firms in the financial
services sector under the new proposed draft directive. As
expected some of these representations asked for higher
minimum initial capital requirements while others asked
for lower requirements. The Commission's proposal
suggested minimum initial capital requirements which are
lower than those in force in the majority of Member
States.

It should, however, be noted that according to the
Commission's proposal small investment firms in the
Community will not be forced out of business because
existing firms would be allowed to remain in business
while remaining exempt from the capital requirements
and some categories of lower risk firms such as firms
giving only investment advice would not be made subject
to either the initial or the ongoing capital requirements.

WRITTEN QUESTION No 2185/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 98/63)

_Subject:_ Financial services industry

Does the European Commission recognize that the UK is
unique within the Community in having a comprehensive

No C 98/34 Official Journal of the European Communities 15. 4. 91

system of legislation to protect the consumer wishing to
make an investment or use the financial services industry?
Areas covered include the capital adequacy of firms in the
financial services industry, a test of competence, and
fitness to run an investment business. The conduct of the

business on a day-to-day basis is also rigidly controlled.
Accordingly does the Commission think that rather than
viewing capital adequacy requirements alone in the
proposed draft directive it should include a much wider
range of considerations if the Consumer is to be protected
adequately?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(12 November 1990)_

The Commission would like to refer the Honourable

Member to the Commission's amended proposal for a
Council Directive on investment services in the securities

field (*), to which the proposal on capital adequacy is a
complementary measure.

The proposal on investment services deals with a wide
range of issues relevant to the effective protection of the
consumer, including the conditions for authorization of
investment firms and a number of prudential and other
rules to be respected by them. These rules include, inter
alia, requirements for the separate keeping of clients'
funds and the avoidance of conflicts of interest. The

Commission considers therefore that the Directive will

provide a sound basis for ensuring that the interests of
consumers are adequately taken into account.

(') OJ No C 42, 22. 2.1990.

WRITTEN QUESTION No 2195/90

by Mr Antonio Coimbra Martins (S)

to the Commission of the European Communities

_(4 October 1990)_

(91/C98/64)

_Subject:_ Television without frontiers

Owing to cable television, an increasing number of
channels from the other Member States are available in

Brussels. This is in line with the natural objective of
Community television without frontiers: each Member
State should be able to receive channels from the other

eleven.

As regards the traditional immigrant countries in the
Community, Italian television is very well represented in
Belgium and a Spanish channel has recently become
available.

However, although Portugal is the Member State with the
largest number of immigrants and there are some 20 000
Portuguese nationals residing in Belgium, no Portuguese
channel is yet available in this country.

Does the Commission intend to help remedy this state of
affairs, or, at least ensure that news programmes from all
Member States are available in each of the cities which are

seats of the European Parliament?

Answer given by Mr Bangemann
on behalf of the Commission

_(3 December 1990)_

The Commission welcomes the fact that Belgian cable
television companies show programmes from other
Member States.

It will continue to monitor compliance with the rules
contained in the EEC Treaty and in the Directive of 3
October 1989 on transfrontier television, which is aimed
at ensuring free movement of television programmes
within the Community.

It should be noted, however, that it is for each cable
company to decide, with due regard to Community
legislation, whether to feature a programme on its
network inso far it is technically capable of receiving such

a programme.

WRITTEN QUESTION No 2277/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 98/65)

_Subject:_ Community grants to the charity sector

One reads in the press that the European Community, as
part of the programme of welfare aid, has allocated
approximately 38 billion lire to Italy as grants to the
charity sector. According to what criteria and to which
organizations and welfare agencies were these grants
allocated, and what proportions went to each one?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(9 January 1990)_

Since 1988 the Community has operated a scheme to
distribute for free produce from intervention stocks to the
most deprived persons in the Community. In this context
a Commission decision was taken in December 1989 (')
which allocated resources to each of the twelve Member

15. 4. 91 Official Journal of the European Communities No C 98/35

States for the 1990 plan. The budgetary provision for this
is the 150 MECU on line 2970 in the current budget.

The Commission was subsequently informed by the
German authorities that they did not wish to participate in
the scheme. The resources allocated to Germany for 1990
thus become available for redistribution to other

interested Member States, amongst which was Italy. The
new allocation for Italy taken by a Commission decision
in August 1990 O was 25 269 000 ECU ( + / 38 000 million lire). This was an increase of
2 822 000 ECU on the amount for Italy from the decision
taken in December 1989.

The Italian authorities are responsible for the selection of
organisations through which the produce is distributed,
the form it takes and the selection criteria for the

beneficiaries.

The Commission is planning to present a report to the
European Parliament and Council on the first two years
of operation of this scheme towards the end of 1990 or
early 1991. This report will give an overview and
assessment of the scheme applied in all Member States.

(') OJNoLlO, 12.1.1990.
O OJ No L 233, 28. 8. 1990.

WRITTEN QUESTION No 2289/90

by Mr George Patterson (ED)

to the Commission of the European Communities

_(15 October 1990)_

(91/C98/66)

_Subject:_ Duty free allowances

Does Community legislation, or any proposal for
Community legislation currently before the Council of
Ministers or the European Parliament, or any
combination of the same affect the abolition of the right
to sell goods free of duty and tax in airports and on board
ships and aircraft to travellers between Member States?

If so, then which provisions or proposed provisions would
have that effect; and how would those provisions change
the current position regarding such sales so as to have that
effect?

Answer given by Mrs Scrivener
on behalf of the Commission

_(15 November 1990)_

The Commission's proposals which affect tax-free
shopping in the internal market are:

For VAT, contained in COM(87) 322, where, in
Article 1 (13), it is proposed as a general rule to
eliminate the concept of export (and thus relief from
tax) for transactions inside the EEC. Tax-free shops
operate by virtue of the fact that the goods they sell
are regarded as being exported from a Member State
and are thus relieved of tax at that stage. They are
therefore affected by the abolition of the concept of
export in intra-Community trade. If there are no
longer to be such exports there will no longer be any
possibility for them to sell tax-free. This principle is
not changed, as far as sales to private citizens are
concerned, by the recent amending proposal for an
interim period of destination-based taxation up to the
end of 1996inCOM(90) 182.

At present, excise goods exported or to be exported
from the territory of one Member State to another by
excise traders are relieved from duty or tax and are
then available for purchase tax- or duty-free at or
after export, but before they are subject to the
taxation arrangements imposed by the Member State
of import. The proposals contained in COM(90) 431
essentially abolish export as a concept in
intra-Community movement of these goods. The
proposal, in Article 11, instead provides for all
movements under the duty suspension regime, which
applies to mineral oils, alcoholic beverages and
manufactured tobacco, to take place between
authorised warehouse-keepers. Furthermore,
Article 4(2) specifically states that duty and tax are
due when the goods are released for consumption,
that is when the goods leave any arrangement where
the payment of tax or duty is suspended. Article 3(3)
applies to any other excises that the Member States
may apply and states that there may be no remission of
tax or duty when the goods leave the territory of the
Member State concerned.

WRITTEN QUESTION No 2339/90

by Mr Claude Desama (S)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 98/67)

_Subject:_ Aid for setting up new businesses in Ireland

Certain companies, or subsidiaries of international
companies, currently located in Belgium are apparently
intending to move to Ireland in order to take advantage in
that country of state aid intended to encourage the setting
up of new businesses. The level of aid available is

No C 98/36 Official Journal of the European Communities 15. 4. 91

particularly generous, since it can cover up to 45% of
investment costs, and these grants are therefore
particularly attractive.

Is this dispensatory practice authorized in this case, even
though it harms the interests of a Member State? If so,
does it not constitute unfair competition?

What effect will the advent of the Single Market on 1
January 1993 have on this kind of state aid?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(4 December 1990)_

The aid to which the Honourable Member refers would

appear to be subsidies granted by the Industrial
Development Authority, which may cover up to 45 % of
investment costs in the south and east of Ireland. The

Commission agreed to this aid in view of the particularly
serious socio-economic problems confronting the
country. It was on similar grounds on a lower scale — in
certain less-favoured regions in Belgium, in order to
promote their development.

While it is true that state aid distorts the normal

conditions of competition, there is no denying that
activities established in a region experiencing serious
socio-economic problems can contribute to the
development of that region, even where activities are
transferred from elsewhere. The Commission considers

that the contribution to regional development made by
the subsidies in question satisfactorily offsets any
distortion of the normal rules of competition.

It should be noted, however, that the granting of aid is not
the only criterion on which a company bases a decision to
establish or transfer its activities.

Intervention in favour of less-favoured regions is a
legitimate preoccupation not only of the Member States.
It also underlies the Community's policy on economic and
social cohesion, as enshrined in the Single European Act,
which led the Community institutions to double in real
terms the financial resources of the structural Funds for

the period 1987-93.

The Commission's attitude towards aid for less-favoured

regions is unlikely to change substantially after 1 January
1993, although the establishment of the internal market
will require greater vigilance as regards aid in general. For
that reason, the Commission is currently looking into
whether the application of existing aid schemes will still

be justified in the context of the single market. If
necessary, it will not hesitate to propose the abolition or
adaptation of such schemes.

WRITTEN QUESTION No 2420/90

by Mr Petrus Cornelissen and Mr James Janssen van Raay
(PPE)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 98/68)

_Subject:_ European approach to criminality in major
European ports

1. Is the Commission aware of the recent statement by
Mr R. H. Hessing, Head of the Rotterdam Police Force,
calling for a European approach to criminality in major
European ports, in particular fraud in connection with oil,
trade in stolen cars container thefts?

2. Does the Commission endorse such a European
approach and what initiatives or contributions may be
expected from the Commission?

Answer given by Mr Bangemann
on behalf of the Commission

_(30 January 1991)_

1. The Commission has no knowledge of Mr Hessing's
comments on European cooperation in combating crime.

2. In the context of moves to abolish controls at

internal frontiers, the Commission has already called for
closer international cooperation to prevent crime and to
track down those responsible for it (').

The Commission attaches great importance to all forms
of cooperation between Member States designed to
combat acts such as those described by the Honourable
Member in connection with the abolition of frontier

controls. It is well aware of such problems in cases where
the Community institutions carry out their responsibilites,
and notably in the case of the accompanying documents
used for levying customs duties, VAT and excise duties on
goods moving freely within the Community.

(') Communication to the Council on the abolition of controls of
persons at intra-Community borders, COM(88) 640 final.

15. 4. 91 Official Journal of the European Communities No C 98/37

WRITTEN QUESTION No 2424/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 98/69)

_Subject:_ Relief from excise duty on social grounds

Excise duty is a consumer tax which considerably
increases the price of certain essential goods. In Belgium
heating oil has been exempt from excise duty for social
reasons. Is the Commission prepared to incorporate this
social consideration in its arrangements for fiscal
harmonization at Community level?

Answer given by Mrs Scrivener
on behalf of the Commission

_(12 December 1990)_

The Commission's proposed rate of excise duty on
heating gas oil (') is based on the average of the rates
prevailing within the Community. Currently these range
from 23 ECU per 1 000 litres in Denmark to zero in
Belgium, Luxembourg and Portugal. The rate band —
from 47 to 53 ECU per 1 000 litres — reflects the average
of these rates weighted for national consumption.
Accordingly due account has been taken of the situation
in each of the Member States, including the various
factors giving rise to each of their own national excise
regimes.

In the Commission's view, the proper functioning of the
internal market requires that the rate of excise duty on

products such as heating gas oil should be closely aligned.
This is an essential prerequisite if tax-induced price
differences are not to produce serious distortions after the
abolition of fiscal frontiers.

O COM(89)526.

WRITTEN QUESTION No 2550/90

by Mr Thomas Maher (LDR)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 98/70)

_Subject:_ Food imports into the US, Australia and New
Zealand

Can the Commission state what the level of food products
imported into the United States, Australia and New
Zealand is at present?

More specifically, what is the level of imports for
indigenous food products into these three countries?

Answer given by Mr Andriessen
on behalf of the Commission

_(11 February 1991)_

The most recent figures available to the Commission
indicate that the level of food imports into the United
States, Australia and New Zealand were as follows:

_(inlOOOSUS)_

Australia
1989

116 858

22 988

74 289

340 308

67 125

323 991

38 249

253 963

53 043

179 152

231 719

1 701 685

New Zealand

1988

34 487

8 484

4 693

29 935

56 182

129 407

48 910

66 444

15 126

42 235

72 012

507 915

Tariff Classification Chapters

Live animals destined principally for
human consumption

Meat and meat preparations

Dairy products and eggs

Fish, crustaceans and molluscs and
preparations of same

Cereals and cereal preparations

Fruit and vegetables

Sugar, sugar preparations and honey

Coffee, tea, cocoa, spices, etc.

Animal f eedstuf f s

Other food products

Drinks

Total food products

United States

  - 1989

893 103  

2 786 741

480 901

5 710 636

1017 031

5 685 754

1 132 837

4 082 128

350 547

357 217

3 890 805

26 387 700

No C 98/38 Official Journal of the European Communities 15. 4. 91

All the above chapters of the Tariff Classification contain
food products indigenous to these countries, with the
possible exception of the chapter for coffee, tea, cocoa,
spices, etc.

WRITTEN QUESTION No 2581/90

by Mr Christopher Jackson (ED)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 98/71)

_Subject:_ Social protection for volunteer development
workers

In 1985, the Council of Ministers passed
Recommendation 85/308/EEC (') relating to the
preservation of social security benefits for volunteers who
work in developing countries at local rates of pay.

I understand that most European Community countries
have passed regulations in accordance with Council
Recommendation 85/308/EEC but that Spain, Portugal
and Greece have not yet done so.

1. Would the Commission please report on the state
of implementation of Council Recommendation
85/308/EEC by all twelve Member States?

2. Would the Commission remind those governments
which have not yet implemented this
recommendation, of the importance of protecting the
interests of their citizens who serve humanity by
carrying out voluntary service overseas and ascertain
whether it is their intention to introduce such

protection in the near future?

(') OJNoLl63,22.6. 1985, p. 48.

WRITTEN QUESTION No 2658/90

by Mr John McCartin (PPE)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 98/72)

_Subject:_ Social security benefits of volunteer workers in
developing countries

EC Council Recommendation 85/308 of 13 June 1985 on

the Social Protection of Volunteer Development Workers
provides for a review of the implementation of this
recommendation to be carried out by the Commission.
What is the current status of this review and how fully has
this recommendation been implemented by the Member
States of the EC?

Joint answer

to Written Questions No 2581/90 and No 2658/90

given by Mrs Papandreou
on behalf of the Commission

_(18 January 1991)_

The Commission is in the process of drawing up a report
on the implementation of Recommendation 85/308/EEC
of 13 June 1985 on the social protection of volunteer
development workers, and hopes to present it to the
Council in 1991. This report will review the progress
made and the obstacles encountered in providing social
protection in the Member States for volunteer
development workers.

WRITTEN QUESTION No 2584/90

by Mr Franco Iacono (S)

to the Council of the European Communities

_(20 November 1990)_

(91/C 98/73)

_Subject:_ Projected high-speed intercity service between
Rome and Naples

On 12 February 1990 a private project for introducing a
high-speed train service between Liguria and Padania was
discussed with the ministers concerned (Carlo Bernini,
Minister of Transport and Giovanni Prandini, Minister of
Public Works) in Genoa.

Considerable Community funds have been earmarked for
this project.

On the other hand there is no intercity service on the line
between Rome and Naples where only slow progress is
being made in introducing high-speed trains, which
means that the service provided is uneconomical and
inconvenient for its 8 million users.

What measures does the Council intend to take to

promote a project similar to the Milan-Genoa project in
order to provide better and more efficient transport
services between these two major areas, given the need to
improve communications between southern Italy and the
rest of Europe?

Answer

_(7 March 1990)_

The Council is not aware of any Community funds being
earmarked for introducing a high-speed train service
between Liguria and Padania.

Furthermore, the Council does not regard it as its task to
take measures concerning the specific question put by the
Honourable Member; such measures are a matter for the
Commission.

15. 4. 91 Official Journal of the European Communities No C 98/39

The Honourable Member's attention is drawn to the fact
that the Commission has just submitted to the Council a
communication concerning the outline plan for the
European high-speed rail network.

That plan includes the Milan-Genoa and Rome-Naples
lines among those which are essential to the structure of
the European network.

On the basis of the communication, the Council adopted
a Resolution on the European high-speed rail network on
17 December 1990.

WRITTEN QUESTION No 2607/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 98/74)

_Subject:_ Europass

A recommendation from the Commission concerning the
creation of a membership card for the over-60s was
adopted in May 1990, its object being to draw attention to
concessions available to the elderly in the transport and
culture sectors in the Member States, thus encouraging
older tourists to take full advantage of cultural
opportunities available to them, and, above all,
contributing to the autonomy and social integration of
older people.

What steps have so far been taken in the Member States to
implement this recommendation?

Answer given by Mrs Papandreou
on behalf of the Commission

_(29_ _January 1991)_

Since Commission Recommendation 89/350/EEC set 1
January 1991 as the date for the introduction of the
European over-sixties' card, the Commission is not yet in
a position to answer this question.

It recently contacted the Member States to enquire what
progress had been made towards implementing the
Recommendation.

The Commission hopes to receive all the relevant
information from the Member States in the course of
1991 so that it can draw up the guide for the elderly which
is mentioned in Article 3 of the Recommendation.

WRITTEN QUESTION No 2616/90

by Mr Bernard Antony (DR)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 98/75)

_Subject:_ Measures to achieve equality between men and

women

What measures will the Commission take to promote
equality between men and women and what movements
or associations receive funds entered against budget item
B8-3412?

Answer given by Mrs Papandreou
on behalf of the Commission

_(6 February 1991)_

On 17 October 1990 the Commission adopted a third
action programme on equal opportunities for men and

women.

The programme defines the objectives to be achieved in
the next five years and lays down the main lines of action
for continuing and further developing policies and
measures to promote equal opportunities.

The Commission will consider any proposed measure
which falls within the remit of the third action programme
and is in the priority areas, with due regard for the
financial limits set by budget heading B8-3412.

WRITTEN QUESTION No 2624/90

by Mr Vincenzo Mattina (S)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 98/76)

_Subject:_ Survey by the Commission on alcohol
consumption by young people in the Community

On 9 October 1990 the press reported the results of a
survey carried out by the Commission on alcohol
consumption in Europe by young people between 11 and
15 years of age.

However, this study appears to be totally unreliable.

1. What institute carried out the sutdy ?

2. How much did it cost the Community?

No C 98/40 Official Journal of the European Communities 15. 4. 91

3. What was the full text of the questionnaires?

4. What conclusions were contained in the report ?

5. What procedures were followed for commissioning
the survey itself?

Answer given by Mrs Papandreou
on behalf of the Commission

_(22 January 1991)_

1 and 5. The survey on alcohol and tobacco
consumption among young Europeans of 11 to 15 years
of age was carried out in July 1990 in the twelve Member
States by 'The European Omnibus Survey', a Belgian
company, following a call for tender (').

2. The total cost to the Commission amounted to

282 000 ECUs.

3. A copy of the full text of the questionnaire is sent
directly to the Honourable Member and to the Secretariat
General of the European Parliament.

4. The final survey report is to be published in 1991.

O OJNoC61,10.3.1990.

WRITTEN QUESTION No 2737/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 98/77)

_Subject:_ Poverty and the role of Europe

According to a Commission study, the number of people
living in poverty in the European Community was
50 million in 1985, compared with 49 million in 1980.
Does not this increase in the number of people known to
be living in poverty give rise to concern about how
effectively Europe is being built, seeing that the founding
Treaty aimed to improve living conditions?

This question is all the more crucial as it emerged from
the same report that the situation of children living in
poverty has deteriorated in the majority of Member
States.

Answer given by Mrs Papandreou
on behalf of the Commission

_(21 January 1991)_

The Commission is particularly mindful of the persistence
of poverty in the Community. It has stressed on various

occasions that social exclusion was a major challenge for
the Member States' social policies and for the Community
as a whole, and that efforts for solidarity ought therefore
to be redoubled as part of the task of implementing the
social dimension of European integration.

Conditions where poverty exists have structural roots,
which means that general economic and social policies
must incorporate among their objectives the combating of
social exclusion.

This is one of the responsibilities of the Member States,
which are the guarantors of national solidarity. The
Community makes its own contribution to this effort of
solidarity, particularly through the operations of its
structural Funds, which encourage job creation and access
to the labour market and thereby help to combat
unemployment, which is one of the key factors of social
exclusion.

The scale of poverty is such that practical steps need to be
taken to help those in greatest need find their place in
economic and social life. Implementing these measures is
primarily the responsibility of local, regional and national
authorities in the Member States. The Community is
nevertheless endeavouring to assist, insofar as its powers
and its resources allow.

In keeping with the principle of subsidiarity, what the
Community is basically proposing in this area is to
supplement and stimulate Member States' initiatives and
policies and strengthen the overall coherence of
Community measures that may alleviate poverty. These
particular measures include programmes such as the one
for the economic and social integration of the less
privileged, the aid provided for non-governmental
organizations engaged in combating poverty, the drafting
of a recommendation to underwrite resources and

benefits in social protection schemes and the Horizon
initiative concerning disabled people and certain
disadvantaged groups.

The Commission will press for consistency in the
measures initiated and intends to encourage broad public
discussion of the challenge which combating social
exclusion represents. With this in mind it will be working
with the French authorities to organize a large-scale
European Conference on the theme of Solidarity Europe
(l'Europe des Solidarites) in May 1991.

WRITTEN QUESTION No 2790/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 98/78)

_Subject:_ The programme for the EBRD

It is the Board of Directors which, in accordance with
general guidelines given it by the Board of Governors,

15. 4. 91 Official Journal of the European Communities No C 98/41

draws up policies and takes decisions concerning, loans,
guarantees, investments in equity capital, loans, the
furnishing of technical assistance and other operations of
the bank. Its decisions are taken on the basis of
documentation submitted by the Bank's management.

The Board of Directors is supposed to be constituted by
means of an election held at the first meeting of the Board
of Governors, to be convened within sixty days following
the entry into force of the Agreement establishing the
bank, or as soon as possible after. Has this actually been
done?

'The principle of lasting development, the implementation
of sound banking management, and the other principles
described in Article 13 of the Agreement, are to govern
the operations of the Bank/ In practice this will mean the
issuing of guidelines, which are at present drawn up by the
teams surrounding and supporting the Presidentdesignate, Mr Jacques Attali, during the transitional
period preceding the entry into force of the agreement
and the beginning of operations. These guidelines, which
will be contained in an operational manual, will establish
the policies and basic principles with which the bank's
operations will have to comply. They should be submitted
to the Board of Directors for its approval in good time.
What stage has been reached so far?

The agreement, which is the only official document
defining at present the functions and principles and
operating principles of the Bank does not, a priori, rule
out any kind of industrial activity, provided that it
belongs to the private and competitive production sector.
Has the operating manual-unofficially — made progress
on this important point?

Answer given by Mr Christophersen
on behalf of the Commission

_(22_ _January 1991)_

Provided the schedule for ratifying the Agreement
establishing the European Bank for Reconstruction and
Development is adhered to by its members, the official
inauguration of the Bank and the first meeting of its
Board of Governors should take place on 15 April 1991.
The first meeting of the Board of Directors would then
take place the following day, once its members had been
elected by the Board of Governors.

Since the appropriate decision-making body has not yet
been set up, none of the general directions provided for in
Article 27(ii) of the Agreement have as yet been adopted.
The same is true of the Bank's operating manual.

WRITTEN QUESTION No 2809/90

by Mr Christopher Jackson (ED)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 98/79)

_Subject:_ Permission to use an imported car

A married couple went from Britain to live in France in
August 1989 taking with them a Renault Alpine car type
110, now generally acknowledged to be a collector's item.
This car was restored to Concours condition and at the
same time a new and slightly larger Renault engine was
fitted. The car was inspected by a Renault agent and an
insurance assessor while in England and was insured and
driven for three years.

When the family moved to France the British insurance
continued until September, but on its expiry the French
authorities were unwilling to grant an appropriate licence
on the grounds that the car had been modified.

Can the French authorities under European Community
law refuse permission for use on public roads of a car
imported from another Member State where such
permission had been granted, and where the car had been
used on public roads?

Answer given by Mr Bangemann
on behalf of the Commission

_(31 January 1991)_

Following receipt of the Honourable Member's question,
the services of the Commission have registered the facts
which are described there in as an official complaint.

The services of the Commission are presently
investigating this complaint from the standpoint of
Articles 30 et seq. of the Treaty of Rome, with a view to a
possible intervention with the French authorities.

WRITTEN QUESTION No 2864/90

by Mr Jean-Pierre Raffarin (LDR)

to the Council of the European Communities

_(17_ _December 1990)_

(91/C 98/80)

_Subject:_ Harmonization of school terms

It is widely recognized that youth exchanges play an
important part in speeding up European integration at a
practical level.

No C 98/42 Official Journal of the European Communities 15. 4. 91

The further development of such exchanges depends on
the harmonization of school terms and holiday dates, The
recent decisions of some Member States to change their
school holiday dates will make exchanges impossible.

What specific decisions does the Council intend to take in
order to allow the further development of youth
exchanges within Europe?

Answer

_(7 March 1991)_

The Council is not aware of any problems for the
development of youth exchanges relating to holiday dates
in the different Member States. It has not received any
proposals from the Commission on this question.

Some States set the dates for school holidays to avoid
concentrating the bulk of tourism into a relatively short
period and in some cases stagger the school holidays in
different regions in the same State. This does not,
however, seem to have prevented the Community youth
exchange programmes from functioning normally.

As regards the *Youth for Europe' programme, almost
25 000 young people took part in exchanges during 1989,
the programme's first year of operation.

WRITTEN QUESTION No 2870/90

by Mr Lyndon Harrison (S)

to the Commission of the European Communities

_(3 January 1991)_

(91/C 98/81)

_Subject:_ VAT on lifeboats and their equipment

Could the Commission state whether lifeboats and

lifeboat equipment will be able to maintain their
zero-rated VAT level following VAT harmonization
arrangements in 1992?

Answer given by Mrs Scrivener
on behalf of the Commission

_(25 January 1991)_

In its Communication to the Cbuncil and European
Parliament of 14 June 1989 (') on the completion of the
internal market and approximation of indirect taxes the

Commission indicated that it might be possible to
authorise Member States who so wish to maintain VAT

zero-rating beyond 1992, for a very limited number of
supplies and subject to a number of conditions. This
question is currently under discussion in the Council
framework and it is not possible to predict the final
outcome insofar as the VAT treatment of lifeboats and

their equipment is concerned.

0 COM(89)260.

WRITTEN QUESTION No 2911/90

by Mr Hugh McMahon (S)

to the Commission of the European Communities

_(3 January 1991)_

(91/C 98/82)

_Subject:_ Eurovision Song Contest

In the light of the Commission's reply to my previous
written question 2093/90 ('), can the Commission inform
the House why assistance was given to the Eurovision
Song Contest in 1987, 1988 and 1989 under three
different budget headings?

O OJNoC63,11.3.1991, p. 53.

Answer given by Mr Schmidhuber
on behalf of the Commission

_(30 January 1991)_

As indicated in the Commission's reply to the Honourable
Members question No 2093/90, three financial
contributions to the Eurovision Song Contest in 1987,
1988 and 1990 were granted for the following reasons:

— In 1987, the Contest presented an opportunity to draw
the attention of a vast European audience to the 30th
Anniversary of the Treaty of Rome. This was charged
to the general information budget A3300 along with
other activities connected with this Anniversary.

— In 1988, the Song Contest was used to highlight the
European Cinema and Television Year and it was the
corresponding budget line B6741 which financed the
contribution.

— In 1989, no contribution was made.

— In 1990, the European Year of Tourism followed the
1988 example, contributing the money from its own
special budget A3052.

15. 4. 91 Official Journal of the European Communities No C 98/43

WRITTEN QUESTION No 2929/90

by Mr Jose Gil-Robles Gil-Delgado (PPE)

to the Council of the European Communities

_(11 January 1991)_

(91/C 98/83)

_Subject:_ EC Recommendation 85/308 (') regarding the
social protection of volunteer development
workers

Recognizing the importance for people in developing
countries to acquire the skills to manage their own
development and the success of the agencies sending
volunteers to provide these skills, will the Council ask the
governments of Spain, Portugal and Greece to comply
with EC Recommendation 85/308 and protect the social
security rights of those who wish to serve as overseas
volunteers?

(') OJNoLl63,22.6.1985, p. 48.

WRITTEN QUESTION No 48/91

by Mrs Raymonde Duty (S)

to the Council of the European Communities

_(1 February 1991)_

(91/C 98/84)

_Subject:_ Discrimination against development workers

The Community sets great store by its collaboration with
NGOs in the field of development cooperation as a way
of demonstrating the solidarity of 'unofficial' Europe
with the people living in Third World countries. Clearly,
those who volunteer to put this cooperation into practice
must not be penalized in their country of origin because
they work in developing countries.

According to my information, the governments of three
EC Member States — Spain, Greece and Portugal —
refuse entitlement to social security benefits to volunteer
workers when they return home. Can the Council confirm
that this is the situation and, if so, consider ways of
putting an end to this discrimination?

Joint answer to Written Questions No 2929/90 and

No 48/91

_(7 March 1991)_

The Honourable Members may refer to the reply which
the Council gave on 25 January 1991 to Written Question

No 2544/90 etalO

(') OJNoC49,25.2.1991, p. 44.

WRITTEN QUESTION No 2938/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 98/85)

_Subject:_ Refusal to grant custody of disabled persons to
members of their family

A 15-year old boy, Luca Mascelluti, suffering from
serious and irreversible cerebral and endocrine damage,
was committed by his American mother to an institute for
the mentally ill and the blind in the United States,
unknown to his Italian father who is separated from his
wife. Despite all his applications to the competent
American courts, Mr Muigi Mascelluti, the boy's father,
has been unable to obtain custody, although he is
prepared to have his son in his own home and provide him
with not only all the necessary treatment but also the
affection which can prove to be a determining factor for
persons suffering from this type of disability. Can the
Commission say whether it is possible to assist the
regrettably large number of people who, in addition to
having been dealt a cruel blow by life, are also faced with
the unjust and blinkered outlook of certain judicial
authorities. If no legislation exists in this respect, does the
Commission not consider that a directive should be

adopted to guarantee the rights of those affected in one
way or another by the plight of disabled persons ?

Answer given by Mr Delors
on behalf of the Commission

_(7 March 1991)_

The Commission is unable to take any action in the case
to which the Honourable Member refers.

WRITTEN QUESTION No 2939/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 98/86)

_Subject:_ Child pornography

An increasing number of pornographic films featuring
minors, generally directed and produced in
non-European countries, are being made available for
sale on the video market. Can the Commission say what
measures are being taken to prevent this trade in
obscenity, which is totally unauthorized, easily detectable
on the more or less clandestine markets and encourages
child prostitution?

No C 98/44 Official Journal of the European Communities 15. 4. 91

Answer given by Mrs Papandreou
on behalf of the Commission

_(6 February 1991)_

The question of child pornography and prostitution as
such does not fall within the sphere of competence of the
Community and the Commission does not propose to
take any action in that area.

However, it would inform the Honourable Member that:

— the Council of Europe, by resolution of the European
Ministers of Justice on sexual exploitation,
pornography and prostitution of and trafficking in,
children and young women ('), plans to draw up a
common policy including the harmonization of
national legislation and international cooperation to
prevent and suppress the offences stated;

— on 21 November 1989 the United Nations General

Assembly adopted the Convention on the Rights of
the Child, Article 34 of which sets out to protect the
child from all forms of sexual exploitation and sexual
abuse.

( [l] ) 16th Conference of European Ministers of Justice meeting
within the Council of Europe, Lisbon, 21-22 June 1988.

WRITTEN QUESTION No 2952/90

by Mr Jaak Vandemeulebroucke (ARC) •'

to the Commission of the European Communities

_(11_ _January 1991)_

(91/C 98/87)

_Subject:_ Language used by the Commission in
correspondence

Complaints are constantly being received from
Dutch-speaking citizens of the European Community
that a number of Directorates-General or their individual

member of staff habitually reply in French or English to
incoming correspondence written in Dutch.

Dutch-speaking correspondents generally take the view
that this is very unsatisfactory on the part of the European
Community and that the Commission's staff are
discriminating against them.

To what extent does the Commission supervise the
language chosen for written correspondence with citizens
of the Community?

Since Dutch is an official language of the European
Community, it would seem only logical that Dutch
speakers are entitled to a reply in their own language.

What measures does the Commission intend to take to

ensure equal linguistic treatment for all Community
citizens corresponding with its services?

Answer given by Mr Delors
on behalf of the Commission

_(13 February 1991)_

The rules governing the handling of mail addressed to the
Commission state that the answer is to be given in the
language of the addressee where it is one of the official
languages of the Community.

Our departments are regularly reminded of this.

WRITTEN QUESTION No 3008/90

by Mrs Teresa Domingo Segarra (GUE)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 98/88)

_Subject:_ Aid and compensation for victims of the
dam-burst atTous, Spain

Hundreds of people suffered serious personal loss and
material damage as a result of the dam-burst at Tous in
October 1982, which was caused by major construction
defects. Associations of the victims obtained a ruling from
the Audiencia Provincial of Valencia establishing the
responsibility of the state for the damage caused, together
with an obligation for the state to compensate the victims
in accordance with the law.

Although at the time Spain was not yet a member of the
EC, the effects of the disaster are still being felt.
Subsequent floods in the region of Valencia, for which
various types of aid have been granted by the
Commission, were made worse by the fact that the dam
had burst.

What steps could the Commission take, in conjunction
with the Spanish authorities, to help find a fair solution to
this problem and, in particular, to help compensate the
victims?

Answer given by Mr Delors
on behalf of the Commission

_(13 February 1991)_

The Commission has no authority to act in this case.

As the Honourable Member points out, the disaster
occurred before Spain joined the Community. In any case
the question of compensation for the victims is pending
before the Spanish courts and there are no grounds for
intervening while matters are _subjudice._

1 ^ 9 1 Official ]oumal of the European Communings l^oC^B^

w ^ ^ r r ^ ^ ^ ^ r ^ ^ ^ ^ ^ 3 ^ B ^

bylv^^e^ieH^e^o^C^

totheCeu^c^ofthe^u^epe^^^o^^i^unes

^ ^ ^ ^ ^ ^

^1BC98B^

^^^cr, dependent situation of Portugal in the field of

energy

Phe^upplementA^Pendancesconjnncturellesl^o.10^
to ^Economic Europeenne^ ^original dated 1^ Cctober
1990^ demonstrates,withoutanymargin for doubt, that
the dependent situation of Portugal in the field of energy
has worsened, particularly as regards petroleum products,
since!98^.This trend runs counter to the policy which
hasbeenpursuedandrealizedin theCommunity asa
whole.

asbis divergent trend reveals the increasing vulnerability
of the Portuguese economy, and also seriously
jeopardizes the process of convergence which hasbeen
declared to be both necessary and indispensable for the
completion of the internal market and for economic,
social and regional cohesion,

^hat action does the council intend to take or propose,
given that the document cited is informative as regards
analysis and diagnosis, but less useful as regards
conclusions and, above all, future prospects^

Answer

1. The Council is aware of the fact that the degree of
energy dependence, especially as regards petroleum
products, differs among the Member States of the
C^ommunityAs indicated in secrion^ofSupplementA
l^olO to 5Economie europeenneu, referred to by the
Honourable Member, such differences as seem to be
determined by the structure of national productive
industries, the energy conservation policies implemented
and the energy resources used,

^, The honourable Member^sattention is drawn to the
Council Resolution of 10Septemberl98DConcemingnew
Community energy policy objectives for 199^ and
convergence of the policies of the Member States^,and
to certain recitals of that Resolution and the role
entrusted interalia to the MemberStates,e.ga

whereas,,itis therefore essential thatthe substantial
progress already made in restructuring the energy
economybemaintainedand,if necessary,reinforced
within the Community^

whereas, in order to achieve this goal, priority should
be given,onthe demand side,to containing energy
consumption toagreater extent and to restricting the

share of oil and, on the supply side, to ensuring that
the level of dependence on imported energy, and in
particularimportedoil,isnotunreasonable^

whereas political commitment to community
objectives entail effective monitoring of national
policies and the adoption of appropriate measures at
Community level and at national level to ensure their
attainments

whereas, to put the concept of Community solidarity
into practice, Member States should, having regard to
theirowncharacterisucs in the sphere ofenergy and in
the light of their specific possibilities and constraints,
make efforts of comparable intensity^

whereas the Community must have regular and
appropriate information on Member States^ energy
policies between now and 199^ in order, on the basis
of detailed Commission reports, to be inaposition to
verify the convergence of these policies in relation to
community objectives and the extent to which these
objectives have been attained at community level.

Among the more general objectives, the Council states in
point^of the above Resolution that, in order to achieve
horizontal and sectoral energy objectives^

^ each Member State andtheCommunityas such
should continue to rely upon an appropriate
combination of policy measures and the operation
ofmarketforces^

DD the Member States should use these asabasis for
defining their energy policies and continue efforts
of comparable intensity, having regard to their
own characteristics in the sphere of energy and in
the light of their specific possibilities and
constraints.

The various horizontal and sectoral objectives are
moreover given in detail in points^ and 6 of the
Resolution.

o5 In response to the request made in point9of the
Resolution concerning energy policy objectives for 199^,
the Commissionhas said that duringthefirsthalf of 1991
itwill be submittingareportto the Council containingthe
results of a^detailedsurvey of theprogressmadeand
problems encountered in each Member State and in the
community as a whole compared with the objectives
preferred to above^B

The report will be accompanied byadraft establishing
new energypolicy objectives for ^000 and beyond,

^hen examining the report and the proposal announced
by the commission, the Council should have an
opportunity of adoptingaposition on the problem raised
bythe Honourable Member,

No C 98/46 Official Journal of the European Communities 15. 4. 91

4. In any event, as regards possible concrete measures
in this matter, the Honourable Member must be aware
that the power conferred on the Council by the EEC
Treaty can only be exercised on a proposal from the
Commission.

O OJNoC 241,25.9. 1986, p. 1.

WRITTEN QUESTION No 3046/90

by Mr Elio Di Rupo (S)

to the Council of the European Communities

_(28 January 1991)_

(91/C 98/90)

_Subject:_ Role of the WEU within European Political
Union

The role of the WEU in building the future Europe of the
twelve was the main topic under discussion at the last
Council of Ministers.

Could the Council give an assessment of the development
of the WEU as regards European cooperation on
common security and defence?

What consideration will be given at the next
intergovernmental conference to the role of the WEU
within the future policial union of the Community?

Answer

_(7 March 1991)_

On 14 and 15 December 1990, in its conclusions on
Political Union, the European Council emphasized that,
with a view to the future, the prospect of a role for the
Union in defence matters should be considered, without
prejudice to Member States' existing obligations in this
area, bearing in mind the importance of maintaining and
strengthening the ties within the Atlantic Alliance and
without prejudice to the traditional positions of other
Member States. In addition, the European Council
considered that the idea of a commitment by Member
States to provide mutual assistance, as well as the
proposals put forward by some Member States on the
future of the Western European Union, should also be
addressed. The latter point will thus be among the topics
to be discussed by the Intergovernmental Conference.

It should also be noted that, as far as informing the
Parliament is concerned, the European Council meeting
on 27 and 28 October 1990 concluded that

interinstitutional meetings would take place during the
Intergovernmental Conferences and that regular contacts
would be maintained between the Presidency of the
Conference, the President of the Commission and the
President of the European Parliament.

WRITTEN QUESTION No 3074/90

by Mr Sergio Ribeiro (CG)

to the Council of the European Communities

_(28 January 1991)_

(91/C 98/91)

_Subject:_ Regional disparities

The Commission's Fourth Periodic Report on the
economic and social situation in the regions states that per
capita income in the ten most disadvantaged regions
(located in Portugal and Greece) is still on average a mere
third of that in the ten most prosperous regions located in
the north of the Community. This is, undoubtedly, totally
contrary to the objective of economic and social cohesion
and puts in jeopardy the process of convergence which
should contribute towards this objective.

Urgent action is needed to halt and reverse this trend so
that regional disparities are not perpetuated or even
aggravated, particularly in a country such as Portugal
which is considered a less-developed region and has not
yet created its own regions and is therefore unable to
promote a regional policy based on them, which is the
only way by which a Member State can contribute to the
Community objective of genuine convergence by bridging
regional disparities.

What specific measures has the Council decided to take in
this connection?

Answer

_(7 March 1991)_

In the report to which the Honourable Member refers ('),
the Commission underlines 'the deep-seated nature of
regional disparities', adding that 'overcoming the causes
of regional disparities will tend to be a slow and
incremental process'.

With the aim of increasing economic and social cohesion
within the Community, in accordance with the Treaty, in
1988 the Council approved a reform of the Structural
Funds which, together with other measures, doubled the
amount of aid earmarked for the purpose and focused it
on a limited number of regions and on specific objectives.

The task of managing the Funds was given to the
Commission, and the Commission alone can respond to
the Honourable Member's concerns.

The Council will need to decide on any amendments to
the present arrangements, but only on a proposal from the
Commission. In principle, under Article 19 of Regulation
No 2052/88 on the reform of the Structural Funds, no
such proposal is due before the end of 1993.

O The regions in the 1990s, COM(90) 609 final, p. 7.

15. 4. 91 Official Journal of the European Communities No C 98/47

WRITTEN QUESTION No 45/91

by Mrs Raymonde Dury (S)

to the Council of the European Communities

_(1 February 1991)_

(91 /C 98/92)

_Subject:_ Education problems in border areas

The application of set intake figures in French higher
education, particularly in the paramedical field, results in
a large number of French students studying at Belgian
colleges, particularly those near the border. In accordance
with Belgian law, these students are admitted to courses

but are not counted in the calculations used to determine

the funds allocated to the educational establishments
concerned. This situation causes problems. Should they
not be resolved in the context of Community
harmonization? What is the Council's position on this
matter?

Answer

_(7_ _March 1991)_

The Commission has not submitted any proposals for
harmonizing the conditions of admission to higher
education in the Community.

OFFICE DES PUBLICATIONS OFFICIELLES

DES COMMUNAUTES EUROPEENNES

Luxembourg

D

LEMPLOI EN EUROPE 1990

Le rapport sur I'emploi en 1990 est le deuxieme d'une serie a parution
annuelle. II cherche a toucher un large public dans les Etats membres:
les entreprises, les syndicats et les groupes d'interet aussi bien que les
gouvernements.

172 pages — 21 x 29,7 cm
ISBN 92-826-1518-9 — Numero de catalogue: CE-58-90-877-FR-C
Prix au Luxembourg, TVA exclue: 11,25 ecus
ES, DA, DE, GR, EN, FR, IT, NL, PT

#»

## • UN ESPACE SOCIAL EUROPEEN A L'HORIZON 1992

par Patrick Venturini

L'objet de cette brochure est de presenter, apres une mise en perspective historique, les differentes composantes de la dimension sociale
du marche interieur, dans leur dynamique: emploi, circulation des
personnes et mobilite professionnelle, milieu de travail, droit des
societes. Autant de balises d'un «espace social europeen en devenir».

116 pages — 17,6 x 25 cm
ISBN 92-825-8704-5 — Numero de catalogue: CB-PP-88-B05-FR-C
Prix au Luxembourg, TVA exclue: 9,75 ecus
ES, DA, DE, GR, EN, FR, IT, NL, PT

|—| DROIT DE CHOISIR ET IMPULSION ECONOMIQUE (deuxieme edition)
— L'objectlf de la politique europeenne des consommateurs
par Eamonn Lawlor

L'objet de cette brochure est de souligner que les droits des consommateurs peuvent avoir des repercussions economiques, et que ceux qui
prennent les decisions economiques ont a s'en preoccuper tout autant
que ceux qui militent pour une justice sociale.
83 pages — 17,6 x 25 cm
ISBN 92-826-0153-6 — Numero de catalogue: CB-56-89-869-FR-C
Prix au Luxembourg, TVA exclue: 8 ecus
ES, DA, DE, GR, EN, FR, IT, NL, PT

BON DE COMMANDE A ENVOYER A:
Office des publications officieiles des Communautes europeennes

2, rue Mercier, L-2985 Luxembourg

Veuillez m'envoyer les ouvrages coches H ci-dessus.

Norn:

Adresse:

Tel.:

Date:

Signature: