Source: EURLEX
Language: en
Format: md

ISSN 0378-6986
# Official Journal C 139

Volume 38

### of the European Communities

##### EngKsh edition Information and Notices

5 June 1995

Notice No Contents
Page

I Information

European Parliament

Written Questions with answer

95 / C 139 / 01 E-2171 / 94 by Sérgio Ribeiro to the Commission
Subject : Fishing ( agreements with third countries ) 1

95 / C 139 / 02 E-2213 / 94 by Christian Rovsing to the Council
Subject : Agreement with the Russian Federation on Space Launchers 2

95 / C 139 / 03 E-2238 / 94 by Wolfgang Kreissl-Dorfler to the Commission
Subject : Trafficking in organs taken from Brazilian children put up for adoption 2

95 / C 139 / 04 E-2377 / 94 by Leen van der Waal and Jan Sonneveld to the Commission
Subject : Nitrate content of lettuce grown under glass 2

95 / C 139 / 05 E-2404 / 94 by David Bowe to the Commission
Subject : Safety standards for fairground equipment not on a permanent, fixed site 3

95 / C 139 / 06 E-2438 / 94 by Werner Langen to the Commission
Subject : Mis-appropriation of subsidies and trafficking in sugar 4

95 / C 139 / 07 E-2439 / 94 by Ulrich Stockmann to the Commission
Subject : EC aid to Saxony-Anhalt in the period 1991 to 1993 5

95 / C 139 / 08 E-2441 / 94 by Angela Sierra Gonzalez to the Commission
Subject : Socio-economic performance of irrigation projects funded by the EU 5

95 / C 139 / 09 E-2458 / 94 by Carlos Robles Piquer to the Commission
Subject : Electric cars in France 6

95 / C 139 / 10 E-2459 / 94 by Carlos Robles Piquer to the Commission
Subject : Community programmes to promote investments in cable networks 6

###### EN

Price : ECU 18 ( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 139 / 11 E-2469 / 94 by Raphaël Chanterie to the Commission
Subject : Transposition of Directives on homeopathic medicinal products

95 / C 139 / 12 E-2482 / 94 by Cristiana Muscardini to the Commission
Subject : Reimbursement of annual travel expenses

95 / C 139 / 13 E-2493 / 94 by Alexander Langer to the Commission
Subject : Possible revision of environmental impact assessment standards

95 / C 139 / 14 E-2495 / 94 by Karl-Heinz Florenz to the Commission
Subject : Ban on imports of slurry

95 / C 139 / 15 E-2508 / 94 by Robin Teverson to the Commission
Subject : CAP reform and the pig-farming sector

95 / C 139 / 16 E-2519 / 94 by José Torres Couto to the Commission
Subject : Delays in the payment of ESF contributions

95 / C 139 / 17 E-2537 / 94 by Isidoro Sanchez Garcia to the Commission
Subject : State-aid in the air-transport sector

95 / C 139 / 18 E-2559 / 94 by Michl Ebner to the Commission
Subject : Harassment while travelling within Europe

95 / C 139 / 19 E-2563 / 94 by Carlos Robles Piquer to the Commission
Subject : Brown coal deposit in Horno ( FRG )

95 / C 139 / 20 E-2564 / 94 by James Moorhouse to the Commission
Subject : Safety standards of gas appliances in holiday accommodation

95 / C 139 / 21 E-2601 / 94 by Jannis Sakellariou to the Commission
Subject : Recognition of a German vocational training course in Greece

95 / C 139 / 22 E-2610 / 94 by Amedeo Amadeo to the Commission
Subject : Re-structuring the steel industry

95 / C 139 / 23 E-2618 / 94 by Honor Funk, Lutz Goepel, Xaver Mayer, Christa Klaß and Astrid Lulling
to the Commission

Subject : Protein standardization of drinking-milk under Regulation ( EEC ) No 1411 / 71

95 / C 139 / 24 E-2621 / 94 by James Moorhouse to the Council
Subject : Political executions in Iran

95 / C 139 / 25 E-2626 / 94 by Honório Novo and Salvador Jové Peres to the Commission
Subject : Construction of the Lisbon-Valladolid motorway

95 / C 139 / 26 E-2636 / 94 by Glyn Ford to the Commission
Subject : Phosphate pollution

95 / C 139 / 27 E-2641 / 94 by Mary Banotti to the Commission
Subject : Directive on broadcasting

95 / C 139 / 28 E-2658 / 94 by Josu Imaz San Miguel to the Commission
Subject : Proposal for a CMO in potatoes based on a specific system of surface area quotas

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95 / C 139 / 29 E-2667 / 94 by Antonio Trizza to the Commission
Subject : Call for proposals for pilot projects and demonstration projects relating to the adjustment
of agricultural structures and the promotion of rural development ( 94 / C 303 / 11 ) 19

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E-2668 / 94 by Cristiana Muscardini and Amedeo Amadeo to the Commission
Subject : The need to update the EEC's industrial re-conversion objectives 19

E-26 85 / 94 by Carmen Fraga Estévez to the Commission
Subject : Retaliatory measures with regard to peeled tomatoes 20

E-26 94 / 94 by Frédéric Striby to the Commission
Subject : Free movement of Natel C telephones between Switzerland, Germany and France ... 20

E-2696 / 94 by Frédéric Striby to the Commission
Subject : Traffic regulations in Germany 21

E-26 97 / 94 by Armelle Guinebertière to the Commission
Subject : The problems facing customs clearance agents in converting to other work 22

E-2723 / 94 by Anita Pollack to the Commission
Subject : Advertising during time-slots for children's television programmes 22

E-2728 / 94 by Anne André-Léonard, Peter Crampton, Maren Günther and Wilmya
Zimmermann to the Commission

Subject : Commission representation at the World Summit for Social Development 23

E-2736 / 94 by Carlos Robles Piquer to the Commission
Subject : Huge photovoltaic power station in Nevada 23

E-2737 / 94 by Carlos Robles Piquer to the Commission
Subject : The Swedish military nuclear programme 24

E-2741 / 94 by Fausto Bertinotti to the Commission
Subject : Nuclear proliferation caused by the French firm Cogema 24

E-2748 / 94 by Graham Mather to the Commission
Subject : Requesting Member States ' returns under Article 14 of the Official Control of Foodstuffs
Directive 25

E-2754 / 94 by Alexander Langer to the Commission
Subject : EU business dealings with a special-waste dump in Szálanta ( Hungary ) 25

E-2757 / 94 by David Bowe to the Commission
Subject : Artists ' and decorating oil paints 26

E-2758 / 94 by Jean Baggioni to the Commission
Subject : Opening up of ground-handling services to free competition 26

E-2764 / 94 by Joaquin Sisó Cruellas to the Commission
Subject : Recognition of the qualifications of Union citizens in the Member States 27

E-2767 / 94 by Carmen Díez de Rivera Icaza to the Commission
Subject : European ecological label 28

E-2779 / 94 by Marie-France Stirbois to the Council
Subject : Legal implications for debts of conversion to ECU 28

E-2785 / 94 by Anita Pollack to the Commission
Subject : Transport and people with reduced mobility 29

( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 139 / 48

95 / C 139 / 49

E-2790 / 94 by Alexandros Alavanos to the Commission
Subject : Protection of the Parthenon sculptures housed in the British Museum 29

E-2792 / 94 by Magda Aelvoet to the Commission
Subject : Liability of banks granting loans 30

95 / C 139 / 50 E-2793 / 94 by Nel van Dijk to the Commission

Subject : Maribel A scheme in Belgium 30

95 / C 139 / 51 E-2798 / 94 by Mair Morgan to the Commission
Subject : Women and Leader II 31

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E-2800 / 94 by Gerardo Fernândez-Albor to the Commission
Subject : Union support for the development of pilot schemes for the protection of historic city
centres 32

E-2804 / 94 by Honorio Novo to the Commission
Subject : Environmental impact assessment of the IP1 motorway between Freixo and Carvalhos 32

E-2808 / 94 by Ulrich Stockmann to the Commission
Subject : Funding of transport infrastructure measures in Sachsen-Anhalt 33

E-2809 / 94 by Mihail Papayannakis to the Commission
Subject : Disposal of sludge containing lead 33

P-2811 / 94 by James Nicholson to the Commission
Subject : White Paper on Growth, Competitiveness and Employment 34

E-28 14 / 94 by Carlos Robles Piquer to the Commission
Subject : Water and renewable energy in scientific and technical cooperation projects under the
Avicenne programme 35

E-2821 / 94 by Giovanni Burtone to the Commission
Subject : Work and pay of doctors in post-graduate specialist training 35

E-2824 / 94 by Amedeo Amadeo to the Commission
Subject : Increase in Italy's own-resources contribution for 1994 / 95 36

E-2825 / 94 by Amedeo Amadeo to the Commission

Subject : European airport system 36

E-2828 / 94 by Cristiana Muscardini to the Commission
Subject : Development of major railway lines 36

E-2835 / 94 by Jaak Vandemeulebroucke to the Commission
Subject : Supplementary character of ESF funding 37

95 / C 139 / 63 E-2838 / 94 by Jaak Vandemeulebroucke to the Commission

Subject : Euroqualification 38

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E-2842 / 94 by Jaak Vandemeulebroucke to the Commission
Subject : Commission checks on ESF funds 38

E-2845 / 94 by Jaak Vandemeulebroucke to the Commission
Subject : Belgian HST project and European funding 39

E-2851 / 94 by Jaak Vandemeulebroucke to the Commission
Subject : Use of languages by the Commission 39

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Contents ( continued ) Page

P-2852 / 94 by Concepciô Ferrer to the Council
Subject : Need for action to help the mentally deficient 40

P-2853 / 94 by Michl Ebner to the Council
Subject : Freedom of movement — Schengen Agreement 40

E-2859 / 94 by Winifred Ewing to the Commission
Subject : Contents of animal feeds 40

E-2860 / 94 by Winifred Ewing to the Commission
Subject : Vessels carrying dangerous chemicals 41

E-2861 / 94 by Winifred Ewing to the Commission
Subject : Follow-up to the Year of the Disabled 41

E-2865 / 94 by Winifred Ewing to the Commission
Subject : EU aid for waste re-cycling 42

E-2866 / 94 by Winifred Ewing to the Commission
Subject : Study on effects of summertime 42

E-2868 / 94 by Winifred Ewing to the Commission
Subject : Firework safety standards 43

E-2871 / 94 by Winifred Ewing to the Council
Subject : Prisoner of conscience Jesus Mendoza 43

E-2872 / 94 by Winifred Ewing to the Council
Subject : Prisoner of conscience 43

E-2880 / 94 by Undine-Uta Block von Blottnitz to the Commission

Subject : Euratom loans : loan conditions, public participation 44

E-2895 / 94 by Hiltrud Breyer to the Commission,
Subject : Saale development project 44

E-2898 / 94 by Carmen Fraga Estévez to the Commission
Subject : Commission report on the arrangements applicable to tuna for the canning industry 45

E-2901 / 94 by Anne André-Eéonard to the Commission
Subject : Seat belts in schools buses 46

E-3 / 95 by Kirsten Jensen to the Council
Subject : The situation in Sudan 46

E-6 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : EU research funding for the burning of sewage sludge 47

E-8 / 95 by Clive Needle to the Council
Subject : Child prostitution 47

P - 1 5 / 95 by Alexandres Alavanos to the Commission
Subject : Fines imposed on Greek cement manufacturers 48

E-16 / 95 by Bernd Lange to the Commission
Subject : Failure in Germany to transpose Directive 75 / 439 / EEC on the disposal of waste oils

( as amended by Directive 87 / 101 / EEC, published in 1987 ) . . . .» 49

E-20 / 95 by Petrus Cornelissen and Marianne Thyssen to the Commission
Subject : Code of Conduct for Computer Reservation Systems 49

( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 139 / 87

95 / C 139 / 88

E-21 / 95 by José Apolinário to the Commission
Subject : Adjustment of fishing activities in Portugal ( first CSF ) 50

P-22 / 95 by Carmen Díez de Rivera Icaza to the Commission
Subject : Action to combat waste and abuse of Community resources 51

95 / C 139 / 89 E-23 / 95 by Freddy Blak to the Commission

Subject : Freedom of movement 51

95 / C 139 / 90 E-28 / 95 by Ria Oomen-Ruijten to the Commission
Subject : Directive on food additives other than colours and sweeteners 52

95 / C 139 / 91 E-40 / 95 by Giles Chichester to the Commission

Subject : Oxygenated fuels 52

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E-50 / 95 by Phillip Whitehead to the Commission
Subject : Directive 91 / 338 / EEC concerning the approximation of laws of Member States relating to
restrictions on the marketing and use of certain dangerous substances and preparations 53

E-51 / 95 by Ria Oomen-Ruijten to the Commission
Subject : Prohibited toy weapons and the European toy safety Directive — failure of the Belgian
legislature to meet its obligations under the Directive 53

E-54 / 95 by José Apolinário to the Commission
Subject : II CSF — Portugal and IFOP 54

E-56 / 95 by José Apolinário to the Commission
Subject : Deadlines for the transfer of Community aid as part of the CSFs to the beneficiaries 54

E-71 / 95 by Hiltrud Breyer to the Commission
Subject : Mochovce nuclear power station in the Slovak Republic 55

E-77 / 95 by Jürgen Schroder to the Commission
Subject : Structural Funds and the Free State of Saxony 57

95 / C 139 / 98 E-80 / 95 by Carmen Díez de Rivera Icaza to the Commission

Subject : Implementation network for the Fifth Action Plan on the Environment 57

95 / C 139 / 99

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E-91 / 95 by Anita Pollack to the Commission
Subject : Asia strategy : town twinning 57

E-94 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Subsidization of project in the Pa Nam district of Tibet 58

E - 96 / 95 by Philippe De Coene to the Commission
Subject : Implementation of Article 40 of the Fourth ACP-EEC Lomé Convention 58

E-l 05 / 95 by Gordon Adam to the Commission
Subject : Nuclear production targets 59

E-108 / 95 by Manuel Medina Ortega to the Commission
Subject : Industrial aspects of Poseican 59

95 / C 139 / 104 E-126 / 95 by Daniel Varela Suanzes-Carpegna to the Commission
Subject : Reasons for the decision not to create a Commissioner for fisheries following Norway's
failure to join the European Union 60

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Notice No Contents ( continued ) Page

95 / C 139 / 105 E-140 / 95 by Thomas Megahy to the Commission
Subject : Aid to Cuba 61

95 /C 139 / 106 E-141 / 95 by Thomas Megahy to the Commission
Subject : Implementation of the health and safety Directives 61

95 / C 139 / 107 E - 1 54 / 95 by Maartje van Putten to the Commission

Subject : Damage to sustainable development in Irian Java 62

95 / C 139 / 108 P - 1 55 / 95 by Noël Mamère to the Commission
Subject : Community legislation on hazardous waste 62

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E-261 / 95 by Michl Ebner and Agnes Schierhuber to the Commission
Subject : Conservation and re-introduction of the brown bear ( Ursus arctos ) in Italy and

Austria 63

E-262 / 95 by Jannis Sakellariou to the Commission
Subject : Reduction of pension entitlements during residence abroad 63

E-269 / 95 by Gerardo Fernández-Albor to the Commission
Subject : Retirement pensions for family administrators 64

E-276 / 95 by Alexander Langer and Maria Aglietta to the Commission
Subject : Funding of colonization project in Tibet 64

E-277 / 95 by Maartje van Putten to the Commission
Subject : New Senate building in Haiti 65

E-279 / 95 by Magda Aelvoet to the Commission
Subject : Access to the courts for environmental associations 65

E-280 / 95 by Magda Aelvoet to the Commission

Subject : Green Paper on remedying environmentai damage 66

E-281 / 95 by Nel van Dijk to the Commission
Subject : Exclusion of fathers from Dutch collective labour agreement childcare scheme 66

E-302 / 95 by Amedeo Amadeo to the Commission
Subject : EU aid to China and sinicization of Tibet 67

95 / C 139 / 118 E-303 / 95 by Amedeo Amadeo to the Commission

Subject : Consumer protection 67

95 / C 139 / 119 E-309 / 95 by Amedeo Amadeo and Spalato Belleré to the Commission
Subject : European energy market 68

95 / C 139 / 120 E-311 / 95 by Amedeo Amadeo and Spalato Belleré to the Commission
Subject : Military exports 69

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E-313 / 95 by Amedeo Amadeo and Spalato Belleré to the Commission
Subject : Transport of goods by road 69

P-317 / 95 by Helena Torres Marques to the Commission
Subject : Publication of answers to questions 70

E-344 / 95 by Richard Balfe to the Commission
Subject : Strengthening law enforcement and the administration of justice in developing countries in
relation to the drugs trade 70

( Continued overleaf )

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P-388 / 95 by Hiltrud Breyer to the Commission
Subject : Lack of evidence for the EU's claims in respect of the competitiveness of European genetic
engineering and biotechnology 71

P-406 / 95 by Christian Jacob to the Commission
Subject : Imports of preserved and prepared tuna and chunks thereof originating from certain Latin
American countries 72

P-407 / 95 by Nikitas Kaklamanis to the Commission
Subject : Excavations at the Siva Oasis 72

E-413 / 95 by José Gil-Robles Gil-Delgado to the Commission
Subject : Community policy on postal services 73

P-437 / 95 by Ingo Friedrich to the Commission
Subject : Subsidies for German coal production 73

P-438 / 95 by Carmen Díez de Rivera Icaza to the Commission

Subject : Unpleasant odours in the urban environment 74

E-442 / 95 by Christine Oddy to the Commission
Subject : Torture in Sri Lanka 74

E-448 / 95 by Christine Crawley to the Commission
Subject : Union aid to the Shigatse Area of Tibet 75

E-461 / 95 by Johanna Maij-Weggen to the Commission
Subject : Women staff in the Commission 75

E-496 / 95 by Fausto Bertinotti to the Commission

Subject : Health at work 75

E-497 / 95 by Fausto Bertinotti to the Commission
Subject : Protection of ' lesser kestrels ' in the Matera rock faces ( Sassi ) 76

E-648 / 95 by Hedwig Keppelhoff-Wiechert to the Commission
Subject : EU funds for the district of Münster over the last 10 years 76

E-741 / 95 by James Nicholson to the Commission
Subject : Alleged export of ' leg-irons ' from the UK 76

P-788 / 95 by Blaise Aldo to the Commission
Subject : Agressive tactics by the United States on the banana market 77

E-869 / 95 by Anne-Marie Schaffner to the Commission
Subject : Organization of the postal sector in the European Union 78

E-889 / 95 by Sir Jack Stewart-Clark to the Commission
Subject : Export of equipment for the purposes of torture 78

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-2171 / 94

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

( 18 November 1994 )

( 95 / C 139 / 01 )

Subject : Fishing ( agreements with third countries )

According to often-repeated and reliable information, the
governments of third countries ( in particular, Morocco and
Mauritania ) are making efforts to modify the contents of the
agreements they have with the European Union, a démarche
which, coming on the eve of fleet activity, may lead to a
paralysis of the 40-vessel Portuguese fleet .

The Portuguese Minister for Maritime Affairs has already
acknowledged the existence of the problem and has
promised compensation by the Community for the expected
losses .

Can the Commission say, therefore, what efforts are being
made to modify ( or consolidate ) fishing agreements with the
European Union and whether there are funds available in
the budget to compensate ship-owners and fishermen for
any disruption they may have to face ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 10 january 1 99 S )

With regard to the Fisheries Agreement with Mauritania, to
date no request has been submitted to the Commission by
the Mauritanian authorities to amend the provisions in
force since its most recent renewal on 1 August 1993, in
particular those concerning the fishing possibilities
accorded to Community Vessels .

The Commission therefore feels there are no grounds for
fearing a paralysis of the Portuguese fishing fleet operating
under that Agreement . The real problem is in fact the
opposite in that the fishing possibilities obtained for the
benefit of the Portuguese fleet by the Commission when the
protocol in force was negotiated are being underused to a
very considerable degree .

In these circumstances, there could be grounds for thinking
that the amendments the Honourable Member is referring
to relate to private arrangements concluded directly by
Portuguese ship-owners with the Mauritanian authorities in
which the Commission has no involvement whatsoever .

With regard to the EC / Morocco Fisheries Agreement, the
Moroccan party did in fact, as part of a mid-term review, ask
for a substantial reduction of the fishing possibilities
currently granted to the Community . Since the two parties
were not able to find a compromise solution as regards the
Moroccan request, they decided on 13 October 1994 to
limit the application of the current Agreement to 30 April

1995 and to start negotiations as soon as possible for a new
agreement which could enter into force on 1 May 1995 .

Since the inclusion of the fisheries sector under the

Structural Funds, it is for the Member States, under Article 4
of Regulation ( EEC ) No 2080 / 93 ( l ) and Article 14 of
Regulation ( EEC ) No 3699 / 93 ( 2 ) as part of their
operational programmes, to provide for appropriate
measures for the grant of compensation to fishermen and
ship-owners whose activities may be suspended as a result of
fishery agreements concluded between the Community and
third countries .

f 1 ) OJ No L 193, 31 . 7 . 1993 .

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

No C 139 / 2 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION E-2213 / 94

by Christian Rovsing ( PPE )

to the Council

( 26 October 1994 )

( 95 / C 139 / 02 )

Subject : Agreement with the Russian Federation on Space

Launchers

Why has the Council failed to conclude the Agreement on

Space Launchers negotiated by the Commission with the
Russian Federation, noting that the US Administration has
aleady arrived at a similar agreement with the Russian
Federation ?

According to the Council for the Defence of Human Rights
in Brazil ( CDDPH ), another urgent problem is trafficking in
the organs of Brazilian adoptive children . There are said to
be indications that children are only adopted so that their
organs can be sold for human transplants .

Does the Commission also possess such information ?

Does it have data on the number of children sent from Brazil

and other third world countries to Europe for adoption ?

Has the Commission taken steps to monitor the trade in
organs in the Community, particularly organs taken from
children ?

Answer given by Mr Flynn
Answer on behalf of the Commission

( 31 March 1995 ) ( 30 November 1994 )

In July 1993, the Commission proposed that the Council
conclude the Agreement to which the Honourable Member
refers, concerning Russia's conditions of access to the
market for space launching services . In its proposal, the
Commission in particular envisaged reaching agreement
with the Russian authorities on a maximum number of

launchings for Russian operators during the period 1995 to
2000 .

Work within the Council on the basis of that Commission

recommendation has not so far reached a conclusion owing
to disagreements about jurisdiction . Discussions between
Member States and the Commission could resume shortly,
however, on the basis of the Court of Justice's Opinion
No 1 / 94 of 15 November 1994 .

Outstanding questions concerning the powers of the
Member States and the Member States in the field of the

provision of services should be dealt with due regard being
had for the case law of the Court of Justice .

WRITTEN QUESTION E-2238 / 94

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 26 October 1994 )

( 95 / C 139 / 03 )

Subject : Trafficking in organs taken from Brazilian children

put up for adoption

In the past year the European Union has initiated a
programme aimed at the protection and re-integration into
society of the street children in Brazil's cities .

For information on the problem of the illegal trade in
human organs, the Honourable Member should refer
to Mr Kostopoulos ' answer to Written Question
No 3966 / 93 (').

(') OJ No C 340, 5 . 12 . 1994, p . 60 .

WRITTEN QUESTION E-23 77 / 94

by Leen van der Waal ( EDN ) and Jan Sonneveld ( PPE )

to the Commission

( 22 November 1994 )

( 95 / C 139 / 04 )

Subject : Nitrate content of lettuce grown under glass

1 . Is the Commission aware of the article in the trade

journal ' Groenten en fruit ' of 1 6 September 1 994 on nitrates
in lettuce ?

2 . If so, does the Commission share the view expressed
therein that a distinction must be drawn between nitrate as a

food additive and nitrate as a natural component of
vegetables and that, in the present state of scientific
knowledge, there is absolutely no reason to tighten up
legislation on nitrates on public health grounds ?

3 . Is the Commission also aware that the proposed
tighter legislation of 2 500 ppm in summer and 3 500 ppm
in winter would make the growing of lettuce under glass
impossible in the countries of north-west Europe : Denmark,
United Kingdom, Netherlands, Belgium and Germany ?

5 . 6 . 95 LEN Official Journal of the European Communities No C 139 / 3

4 . Can the Commission indicate the extent of the social

and economic consequences were the growing of lettuce
under glass in those countries to cease ?

5 . Having regard to the abovementioned view of an
international group of toxicologists and epidemiologists
and the drastic implications for the glasshouse sector, does
the Commission regard the intended tightening-up of
legislation from 1 May 1997 as justified ?

6 . Does not the Commission consider it advisable to

continue to accept nitrate levels until 1 May 1997 at levels
consistent with ' good agricultural practice ' and, in the
meantime, to investigate in the light of the latest scientific
findings to what extent the present legislation should be
adjusted ?

Answer given by Mr Fischler
on behalf of the Commission

( 10 February 1995 )

1 . The Commission is aware of the content of the article

on nitrates mentioned by the Honourable Members .

2 . The Scientific Committee for Food ( SCF ), established
by a Commission Decision of 16 April 1974 ('), issued its
opinion on the toxicology of nitrate as a food additive on

19 October 1990 ( 2 ). This assessment, though concentrating
on nitrate as an additive, covered all food sources of nitrates,
including vegetables .

The SCF is at present carrying out a re-assessment at the
Commission's request . Without prejudice to the outcome of
this, no difference has so far been established between the
toxicity of the nitrate present in vegetables and that of
nitrate used as an additive .

In its 1990 opinion the SCF stated that estimates of nitrate
consumed in food indicated that vegetables were the
principal source, contributing in general more than 75 % of
total intake .

A copy of the SCF's opinion of 10 October 1990 and of the
summary record of its 92nd meeting ( 24 / 25 February 1994 )
is being sent directly to the Honourable Members and to
Parliament's General Secretariat .

3 . In response to action taken or planned by certain
Member States to reduce the nitrate content of lettuces and

other vegetables the Commission is at present taking action,
under Council Regulation ( EEC ) No 315 / 93 laying down
Community procedures for contaminants in food ( 3 ), in
order to prevent barriers to intra-Community trade .

Throughout its discussions with Member States and the
agricultural professional organizations the Community has

been fully attentive to the implications for Community
production of excessively severe standards . The measures as
originally drafted have undergone numerous amendments
dictated mainly by the need to maintain the activities of
growers in north-west Europe .

4 . The Commission has no precise information on the
social and economic implications of disappearance of
glasshouse growing of lettuce and similar salad vegetables in
the Member States mentioned by the Honourable Members .
It has not at any point envisaged such an eventuality .

5 . When the Standing Committee for Foodstuffs met on
20 July 1994 the Commission clearly indicated its intention
of re-examining the situation given the positions taken by
the Member States .

The Commission wishes in the first place to receive the
updated opinion of the SCF taking account of the most
recent scientific developments, in particular the
toxicological assessment carried out under the auspices of
the European Environmental Research Organization .

6 . The Commission shares the view that a reduction in

nitrate content will largely depend and be a matter of
application of good agricultural practice . by growers . It
cannot therefore rule out that the approach proposed by the
Honourable Members will be adopted at Community
level .

The Commission will at all events endeavour to find a

balanced solution taking account of the need both to protect
the health of consumers and safeguard the interests of

growers .

(') O J No L 136, 20 . 5 . 1974 .
(-) Reports o f Scientific Committee for Food ( 26th series ). Food

Science and Technology . Commission . Luxembourg, 1992 .
ISBN-92-826-3465-5 .

(■') O J No L 37, 13 . 2 . 1993 .

WRITTEN QUESTION E-2404 / 94

by David Bowe ( PSE )

to the Commission

( 23 November 1994 )

( 95 / C 139 / 05 )

Subject : Safety standards for fairground equipment not on

a permanent, fixed site

Has the Commission any intention to propose legislation to
set minimum safety standards for fairground equipment
which is not on a permanent, fixed site but is regularly
dismantled and re-erected at different locations throughout
Europe ?

If not, would the Commission consider the introduction of
such standards based upon guidelines which exist on a
national basis in certain parts of the Union ?

No C 139 / 4 EN Official Journal of the European Communities . 5 . 6 . 95

Answer given by Mr Bangemann

on behalf of the Commission

— at the time of export

( 16 February 1995 ) — when the sugar is converted to must concentrate

The Commission had been planning to implement a
Community Directive on equipment which can be
dismantled and equipment intended for fairgrounds not on
a permanent, fixed site and amusement parks .

This Directive, which set out to remove obstacles to the free
movement of goods within the Community, should have
been in keeping with the ' new approach ' and supplemented
Community legislation on related matters already in

existence .

Following the Edinburgh Summit of the European Council
in December 1992 and in view of the priorities set and the
principle of subsidiarity, the Commission decided to
withdraw it from its legislative programme .

— when distilling their excess production .

1 . Is the Commission aware of these or similar

incidents ?

2 . If so, what is the Commission's attitude ?

3 . What action can be taken and what does the

Commission intend to do to counter the accusations

that have been made in public ?

4 . Have there been similar incidents in the past ? What
action was taken ?

As a result, the different national laws remain in force and
the Member States have the right to legislate according to
the terms of the EC Treaty . Answer given by Mr Fischler
A on behalf of the Commission

The Commission does not have the power to introduce ( 8 February 1995 )
mandatory standards into an area on which there is no
legislation .

However, the Commission is aware of the aspect of public
safety at issue and, in 1994, granted financial support to an
organization ( International Testing ) which will monitor
safety in amusement parks and fairs not on a permanent,
fixed site in nine Member States .

The results of this investigation will be published in the main
consumer journals of the Member States .

According to the information available to the Commission,
the matter to which the Honourable Member refers

concerns 'C sugar ( non-quota sugar intended solely for
export to non-Community countries ) exported to Croatia
and Slovenia from the Netherlands using T1 forms . The
sugar was actually unloaded in Italy and the forms were
cleared using false stamps . As only 'C sugar was involved,
no export refund was paid . Nevertheless, as the sugar
entered the Community ( i.e . Italy ) illegally, it circumvented
the applicable levy .

The Italian authorities have informed the Commission of
the entry into Italy of 3 228 tonnes of contraband ' C ' sugar,
although its use in the wine-making process has not been
WRITTEN QUESTION E-2438 / 94 confirmed .

by Werner Langen ( PPE )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 06 )

Subject : Mis-appropriation of subsidies and trafficking in

sugar

The trade press for the wine industry and German and
Italian newspapers have been full of reports of trafficking in
sugar which has allegedly cost the EU several millions . Sugar
intended for eastern Europe has gone to north Italian
producers of must concentrate and wineries who, so the
press claim, have probably received EU subsidies as many as
three times :

The Commission was also informed that six individuals

have been arrested and tried in the Netherlands and that

inquiries are under way in Italy . The Italian authorities have
been asked to notify the Commission of the outcome of
these inquiries, especially as regards any links to the wine
sector . The Commission will in turn inform the Honourable

Member of the result .

The Commission is currently carrying out other inquiries on
exports of sugar . This type of fraud highlights the need to
improve transit arrangements, and the Cpmmission is now
working on this .

5 . 6 . 95 1 EN Official Journal of the European Communities No C 139 / 5

WRITTEN QUESTION E-2439 / 94

by Ulrich Stockmann ( PSE )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 07 )

Subject : EC aid to Saxony - Anhalt in the period 1991 to

1993

How much aid has Saxony-Anhalt received, and for what
projects, in the period 1991 to 1993 from the following
European Community funds :

1, the European Fund for Regional Development,

2, the European Agricultural Guidance and Guarantee
Fund ( Guidance Section ),

3, the European Agricultural Guidance and Guarantee
Fund ( Guarantee Section ),

4, the European Social Fund ( ESF ),

5, the Community's research programmes,

6, the Community's energy programmes,

7, the Community's environmental programmes,

8, other Community programmes ?

Answer given by Mr Delors
on behalf of the Commission

Under the enterprise policy heading, the region was
represented by one Euro Info Centre member . For the period

1991 — 1993, provision was made for the payment of ECU
180 000 for the Euro Info Centre . Furthermore, the region
enjoyed the services of two members as regards the Business
Cooperation Centre and 10 members as regards the BC
Net .

In the cultural sphere, the Commission contributed ECU
200 000 towards the pilot project for conservation of the
architectural heritage .

WRITTEN QUESTION E-2441 / 94

by Angela Sierra González ( GUE / NGL )

to the Commission

( 30 November 1994 )

95 / C 139 / 08

Subject : Socio-economic performance of irrigation projects

funded by the EU

Has the Commission conducted an audit of the

socio-economic performance of irrigation schemes funded
by the EU over the last five years ? In particular, what
socio-economic benefits were derived from the EU-funded

irrigation schemes at Madrigal-Penaranda and Los
Monegros in Spain ?

( 17 January 1995 ) Answer given by Mr Steichen

on behalf of the Commission

( 17 January 199 S )
Saxony-Anhalt is eligible for aid from the Structural Funds
under Objective 1 . Since 1991, the Community has granted
the following amounts of aid to the region in question : In the of action assisted

( in ECU million )

1991—1993

ESF 116,73

ERDF (') 262,75

EAGGF 120,29

Thermie 3,49

Research programme ( DG XII ) 2,8

Communication / EDT technology programmes
Total cost ( 1990 — 1994 ) 3,77

TFHRE programmes ( 2 ) 1,18

ECSC loans 57,2

(') of which Peritra ECU 872 000 and Konver ECU 700 000 .

( 2 ) of which Youth schemes ECU 9 631 ; Comett ECU 651 000 ; Erasmus
ECU 24 100 ; Youth for Europe ECU 1 19 669 ; Lingua
ECU 239 476 and Petra ECU 141 090 .

In assessing the impact of action assisted from the Structural
Funds the Commission endeavours to measure its

effectiveness in attaining the objectives specified in Article 1
of the framework Regulation ( development and structural
adjustment of Objective 1 regions and of rural areas under
Objective 5b ) and its overall impact on the strengthening of
economic and social cohesion called for by Article 130a of
the EC Treaty .

Irrigation schemes are only one component of rural
development programmes and their impact is assessed along
with that of the others ( other infrastructure, aid for
agricultural diversification and installation of industrial
and service SMEs, training, employment aids, etc ). For
the Spanish Objective 1 regions ( location of the
Madrigal-Penaranda scheme ) an assessment of this type is at
present being made .

An ex-post assessment of the impact of the rural
development programme for 5b zones in Aragon, made on

No C 139 / 6 EN Official Journal of the European Communities 5 . 6 . 95

the Commission's initiative, has given particular weight to
the Los Monegros scheme mentioned by the Honourable
Member .

Its conclusions though not yet finalized are very positive as
regards the scheme's impact on retention of population in
the area, diversification of agricultural production and
creation of jobs and new businesses in all economic sectors .
The orientations of common agricultural policy reform have
also been respected .

WRITTEN QUESTION E-2458 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 09 )

Subject : Electric cars in France

According to a recent report ( Thomas Fuller, International
Herald Tribune, Paris, 12 October 1994 ), the French
manufacturers Renault and Peugeot-Critroën are to begin
marketing electric cars next March .

Moreover, towards the end of this year, the city of Paris is to
provide 200 locations where the batteries of such cars can be
recharged overnight . Also, in La Rochelle, 50 prototype
electric cars based on the Peugeot-Citroën AX model are in
use and enjoy free parking .

Further to my previous questions on this type of vehicle, will
the Commission say whether it has contributed in any way
to either project ? Also, has the Commission made an
assessment of the environmental impact on air quality in
cities and of the increased use of electric energy and the
reduction in petrol and diesel consumption ?

Answer given by Mr Kinnock

on behalf of the Commission

( 17 February 1995 )

The Commission is aware of the initiatives taken by some
European automobile manufacturers, notably the Peugeot
group, and current or planned experiments, specifically in
La Rochelle . These initiatives were taken within national

programmes and the Commission did not have a role in
supporting them financially .

The summary report on a systems analysis study on electric
drive systems, subcontracted to the European association of
electric road vehicles ( Avere ), was published in December

1992 . This report summarised the results of 18 individual

studies on possible technologies and their impacts, including
some of the expected implications for urban environment
and energy consumption . However, since in most cases the
new types of vehicle ( electric / hybrid ) are still in the
development stage and are based on diverse technologies, no
reliable overall evaluations can be completed .

Within the context of the Fourth Framework Programme,
and in particular the specific programmes on transport,
industrial and materials technologies, information and
communication technologies, environment and non-nuclear
energy, the Commission intends to support, in a
coordinated manner, research and demonstration projects
on new propulsion systems, including electric vehicles .
Projects will be selected on the basis of their merits and
having due regard to their impact on industry and society .
These activities will take full account of research carried out

in national programmes and should contribute to clarifying
the environmental benefits and energy savings which may
arise from the introduction of electric vehicles in European
cities .

WRITTEN QUESTION E-2459 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 10 )

Subject : Community programmes to promote investments

in cable networks

Certain Member States, which are still in the early stages
of establishing cable networks to modernize their
telecommunications infrastructure, are actively preparing to
introduce access to cable television and future information

highways .

To this end, a number of different measures to promote
and subsidize cable television are being considered as
an additional means of establishing this strategic
infrastructure . In this connection, an interest has been
shown in promoting regional consortia, companies
and agreements to create and operate advanced
telecommunications networks .

In view of the scale of the efforts to create cable networks in

the various Member States which do not yet possess such
infrastructures, can the Commission say whether any
Community programme covers the expansion and
modernization of cable telecommunications and whether

any funds from the European Union are available for the
creation of such infrastructures ?

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 7

Answer given by Mr Bangemann

on behalf of the Commission

Answer given by Mr Bangemann

on behalf of the Commission

(9 March 1995 ) ( 16 February 1995 )

Any subsidy from the Community for the establishment of
cable networks would run counter to the general policy in
this field, which is that investment in telecommunications
infrastructure must be borne by the private sector . This
approach was confirmed in the recommendations made in
the Bangemann report and reinforced by the conclusions
adopted by the European Council in Corfu and Essen .

An exception to this rule is allowed to promote economic
and social cohesion in regions where it can be clearly
established that the lack of telecommunications services is

the direct result of inadequate infrastructure . At the moment
there is no Community programme covering the expansion
and modernization of cable communications .

WRITTEN QUESTION E-2469 / 94

by Raphaël Chanterie ( PPE )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 11 )

Subject : Transposition of Directives on homeopathic
medicinal products

On 22 October 1992 the Council adopted two
Directives concerning homeopathic medicinal products

( 92 / 73 / EEC (') and 92 / 74 / EEC ( 2 )).

One year after the expiry of the time limit for the
transposition into national law of Council Directive
92 / 73 / EEC of 22 September 1992 widening the scope of
Directive 65 / 65 / EEC and 75 / 319 / EEC on the

approximation of provisions laid down by law, regulation
or administrative action relating to medicinal products and
laying down additional provisions on homeopathic
medicinal products, five Member States have notified the
Commission of national measures implementing this
Directive . With regard to Council Directive 92 / 74 / EEC of
22 September 1992 widening the scope of Directive
81 / 851 / EEC on the approximation of provisions laid down
by law, regulation or administrative action relating to
veterinary medical products and laying down additional
provisions on homeopathic veterinary medicinal products,
three Member States have communicated their national

implementation measures . Tables showing progress with
transposition and indicating the dates of national laws and
publication references have been sent directly to the
Honourable Member and to the Secretary General of the
Parliament .

Most of the Member States which have not yet transposed
Directive 92 / 73 / EEC have, in the meantime, given notice of
provisional measures or preliminary information on
progress with transposition . The information received
indicates that rapid progress should be made in the coming
months .

Member States were required to comply with them by Those Member States which have not yet transposed the
31 December 1993 . Directives on homeopathic medicine have all made
provision for a simplified registration procedure for the

1 . Which Member States have adopted the necessary classification of medicinal products pursuant to Article 7 of
provisions, and when did they enter into force ? Directives 92 / 73 / EEC and 92 / 74 / EEC . According to the

information received this will probably also be the case for

2 . What is the prognosis for the Member States which have those Member States still in the process of transposing the
not yet transposed the Directives ? Directives . It also appears that only Luxembourg is

3 . Which Member States have refrained or intend to prohibiting any advertising of homeopathic medicinal

products which have been subject to a simplified

refrain, pursuant to Article 6(2 ), from establishing a registration procedure . A more detailed analysis of national
special, simplified registration procedure for the

legislation transposing the two Directives will appear in the

medicinal products referred to in Article 7 ?

report to be presented by the Commission to the Parliament

4 . Which Member States have prohibited or intend to and Council not later than 31 December 1995 pursuant to

Article 10 ( 3 ) of Directives 92 / 73 / EEC and 92 / 74 / EEC .

1 . Which Member States have adopted the necessary
provisions, and when did they enter into force ?

2 . What is the prognosis for the Member States which have
not yet transposed the Directives ?

3 . Which Member States have refrained or intend to
refrain, pursuant to Article 6(2 ), from establishing a
special, simplified registration procedure for the
medicinal products referred to in Article 7 ?

4 . Which Member States have prohibited or intend to
prohibit, pursuant to Article 6(3 ), third paragraph, any
advertising of the homeopathic medicinal products
referred to in Article 6(2 ) or 7(1 )?

5 . Which Member States intend, pursuant to Article 9(2 ),
to introduce or retain specific rules for the testing of
homeopathic medicinal products other than those
referred to in Article 7(1 )?

(M OJ No L 297, 13 . 10 . 1992, p . 8 .

( 2 ) OJ No L 297, 13 . 10 . 1992, p . 12 .

Infringement procedures under Article 169 of the EC Treaty
have been initiated against all those Member States which
have failed to transpose the Directives .

No C 139 / 8 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION E-2482 / 94

by Cristiana Muscardini ( NI )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 12 )

Subject : Reimbursement of annual travel expenses

Under a decision which took effect last summer and

conflicts with Articles 7 and 8 of Annex VII to the Staff
Regulations laying down the rights and privileges of all
officials, the European Parliament's administration
suspended reimbursement of annual travel expenses for
officials whose place of origin is Luxembourg and whose
spouses ' place of origin is Italy .

Can the Commission approach the European Parliament's
administration with a view to ensuring that the Staff
Regulations are interpreted, without abuse or
discrimination, and that the suspended payments are
reinstated immediately ?

Answer given by Mr Liikanen

on behalf of the Commission

( 24 February 1995 )

The decision by Parliament's administration to reimburse
annual travel expenses for officials between their place of
origin and their place of employment complies with decision
209 / 94 of the Heads of Administration, which interprets the
second paragraph of Article 8(1 ) as meaning that when a
husband and wife are both officials of the Communities, the
reimbursement of travel expenses will be calculated for each
of them on the basis of the distance between their own place
of employment and their own place of origin .

WRITTEN QUESTION E-2493 / 94

by Alexander Langer ( V )

to the Commission

( 30 November 1994 )

conclusions was the need for comprehensive ' environmental
acceptability '. In alpine regions considerable damage can be
caused not only by major projects covered by EC Directives,
but also by smaller projects which can have a long-term
negative impact, either because of the alpine region's
particular vulnerability or resulting from systematic ' salami
tactics '.

Does the Commission intend to study the conclusions of this
meeting and consequently to review the standards for
environmental impact assessments and, possibly, to revise
them ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(1 S February 1 99 S )

The Commission does not have the conclusions of the

meeting to which the Honourable Member refers .

However, the Commission believes that the proposed
amendment (') to Directive 85 / 337 / EEC on the assessment
of the effects of certain public and private projects on the
environment ( 2 ) does take account of the Honourable
Member's concerns while at the same time making the
environmental impact assessment procedure more
effective .

More specifically, there is a proposal to make it mandatory
to carry out an environmental impact assessment in the case
of Annex II projects which are likely to have a significant
impact on environmentally sensitive areas . Apart from these
cases, the aim is to carry out assessments only of projects
whose impact on the environment makes this necessary,
according to criteria defined at Community level .

This proposal was sent to the Council and the European
Parliament in March 1994 .

(') COiM(93 ) 575 .

( 2 ) O ) No L 175, 5 . 7 . 1985 .

WRITTEN QUESTION E-2495 / 94

by Karl-Heinz Florenz ( PPE )

( 95 / C 139 / 13 ) to the Commission

( 30 November 1994 )

( 95 / C 139 / 14 )
Subject : Possible revision of environmental impact
assessment standards

Subject : Ban on imports of slurry
At the end of October a meeting of experts on
' Environmental impact assessments in the Alps : the need, Is the Commission aware that in several border areas within
requirements and prospects for specific assessments in the the Community, such as the Netherlands-Germany border
alpine area ' took place in Bozen ( South Tyrol, Italy ), area, there is increasing criticism of slurry imports from the
organized by the European Academy of Bozen and the local neighbouring country . What steps will it take to limit or ban
administration for the environment ; among the meeting's the export of slurry ?

5 . 6 . 95 I EN I Official Journal of the European Communities No C 139 / 9

Answer given by Mr Fischler WRITTEN QUESTION E-2508 / 94
on behalf of the Commission b Robin Teverson ( ELDR )
( 13 February 199 S ) to ^ Commission

( 30 November 1994 )

( 95 / C 139 / 15 )

On 17 December 1992 the Council adopted Directive
92 / 118 / EEC (') laying down animal health and public
health requirements governing trade in and imports into the
Community of products not subject in the matter of such
requirements to the specific Community rules referred to in
Annex A(I ) to Directive 89 / 662 / EEC and, as regards
pathogens, to Directive 90 / 425 / EEC .

Chapter 14 of Annex I to this Directive gives the animal
health requirements applicable to trade in and imports of
manure for treatment of the soil . The only unprocessed
manure that may be traded or imported is that of poultry
and equidae . That of other species must be processed to
meet specified bacteriological standards . Under the
provisions of the Directive the Commission has authority to
re-examine these requirements .

Subject : CAP reform and the pig-farming sector

Is the Commission aware that the decrease in the price of
beef, which is expected in the long-term following CAP
reform, will affect the price of pork and pork products and
therefore further extend the crisis in the pig sector — a sector
which has seen little support from the European
Commission compared to other farming sectors ?

Pig producers in the United Kingdom have faced a very
difficult period in the last two years . What steps will the
Commission introduce, either in future CAP reform or
otherwise, to ensure that the viability and sustainability of
Community pig producers, in particular those from the UK
are restored and maintained in the long run .

Answer given by Mr Fischler
on behalf of the Commission

(8 February 1995 )
Moreover, liquid pig manure and faeces fall within the scope
of the supervision and control arrangements laid down by
Regulation ( EEC ) No 259 / 93 on supervision and control of
shipments of waste within, into and out of the Beef prices are high at the moment .
Community ( 2 ). Classification of liquid pig manure and not think that price competition will
faeces in the amber list of that Regulation means that it can pigmeat in the foreseeable future .
be transferred under control the stringency of which varies
according to whether it is to be disposed of or subjected to
recovery . This Regulation does not apply to liquid manure Falling prices on the Community
and faeces already covered by other relevant legislation, in past few months are a direct
this case Directive 92 / 118 / EEC . level of of

Beef prices are high at the moment . The Commission does
not think that price competition will arise between beef and
pigmeat in the foreseeable future .

Falling prices on the Community pigmeat market over the
past few months are a direct consequence of the very high
level of Community output of pigmeat . It is essential in the
pigmeat sector to maintain equilibrium between supply and
demand .

The Commission can assure the Honourable Member that it

is well aware of the problems that intra-Community trade in
manure presents and that it will endeavour to find
satisfactory solutions .

In the Commission's view, the only way to restore a lasting
stable market situation is through a substantial cut in
Community meat output . According to the latest estimates,
Community pigmeat output in 1994 was about 15,1 million
tonnes . This means that the Community is still running a
surplus, with a rate of self-sufficiency of 105,4% in
1994 .

OJ No L 62, 15 . 3 . 1993 .
OJ No L 30, 6 . 2 . 1993 . A graphic illustration of the increase in output over recent
years is found in the figures for 1992 and 1993 : 14,4 million
tonnes and 15,2 million tonnes respectively .

The Commission has taken all possible measures to support
markets throughout the Community and attenuate the
crisis . It introduced aid for private storage from March to

No C 139 / 10 EN Official Journal of the European Communities 5 . 6 . 95

June 1993, enabling some 67 000 tonnes of meat to be

temporarily taken off the market . Between May 1993 and
May 1994, three operations led to the export of 100 000
tonnes of pig carcases to non-traditional markets, in
addition to traditional exports . The export refund was
granted at three times the normal rate .

The Commission can help to limit the effects of occasional
peaks in output by providing for aid to private storage
where necessary, or by granting export refunds . But it
cannot protect the sector from the consequences of a steady
rise in output that is well in excess of the growth of demand .
It would be wrong to think that there are unlimited external
markets always ready to absorb all the subsidized exports
required to restore equilibrium to the domestic market . And
it should not be forgotten that the Community is obliged, in
the framework of the GATT, to comply with export ceilings
in terms of quanity and budget from 1 July 1995 .

The Commission will continue to play its role in keeping the
pigmeat market under supervision, and will propose any
measures that may be required to defend European
production, in the framework of both the common
agriculture policy and its international obligations .

WRITTEN QUESTION E-2519 / 94

by José Torres Couto ( PSE )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 16 )

Subject : Delays in the payment of ESF contributions

The difficulties faced by the Objective 1 regions on
obtaining the necessary funds to try and overcome their
structural backwardness are well known .

The most recent reform of the Structural Funds aimed to

solve these problems, guaranteeing greater support in
absolute and relative terms in order to achieve economic and

social cohesion, thus allowing new steps to be taken towards
European integration at a single speed .

It is, however, not merely important that provision be made
for these appropriations but that they be available,
guaranteeing the regularity of the transfer of funds, so as not
to jeopardize the implementation of projects and their
completion by the agreed deadlines .

However, in the Objective 1 regions, particularly within the
field of application of the European Social Fund, the
promoters, executors and beneficiaries of the actions

supported are mostly small organizations . Their financial
structures and means are very limited, and they cannot
therefore cope with serious delays in the payment of public
contributions without jeopardizing the viability of projects
or at least their quality .

In Portugal in particular, the non-payment of approved aid
within appropriate deadlines has always been a major
problem, driving the promoters to despair and leading them
to either risk non-compliance with the applicable rules or to
seek bank loans subject to high interest rates ( which are not
eligible for repayment under the ESF ) in view of the
high-risk nature of the operations, thus worsening the
situation of the promoters and jeopardizing the good name
of the ESF .

In the field of vocational training, the inviability of the
actions or their unsatisfactory quality has irreparable
consequences, de-motivating trainees, their teachers and
any other training staff, leading to even greater
backwardness as regards the qualifications needed by the
less-favoured regions to achieve progress .

At present, intolerable delays are being registered in
payments from the Portuguese Ministry of Employment and
Social Security and the European Social Fund, reversing the
positive trend of the recent past and leading private projects
to be executed to a very low standard, leaving those
responsible for previously completed actions in a desperate
situation .

It is unclear as to where the responsibility lies for this
situation, with differing versions blaming the Portuguese
Government for alleged misuse of funds or the Commission
for having blocked the payments, requiring the Portuguese
authorities to comply with restrictive interpretations of the
regulations which pose an obstacle to the payments,
interpretations which run contrary to good management of
resources and which are not applied in the case of other
countries or other funds .

Moreover, this impasse based on administrative and
subjective arguments is incomprehensible in the eyes of the
principal victims, i.e . the promoters .

I would therefore ask the Commission to clarify the
situation and should like to draw attention to the

seriousness of the predicament created by this conflict,
particularly in the final stages of the year when promoters
traditionally face the greatest shortage of funds, and I call
for a rapid solution avoiding the worst effects which run
counter to the spirit of the decision by the Community
institutions to strengthen economic and social cohesion in
the European Union .

S. 6 . 95 EN Official Journal of the European Communities No C 139 / 11

Answer given by Mr Flynn
on behalf of the Commission

( 16 January 1995 )

With regard to the Community Support Framework ( CSF )
for structural operations in Portugal over the period
1989 — 1993, the operational programmes financed by the
European Social Fund ( ESF ) show no delay in the payment
of the Community contribution . The Commission has
transferred the full amount of the tranches for 1990, 1991
and 1992 and 80 % of the total 1993 tranche .

The remaining 20 % of the 1993 tranche may be transferred
following presentation to the Commission of requests for
payment of the balance in accordance with Article 21(4 ) of
Council Regulation ( EEC ) No 4253 / 88 (') and their
examination by the Commission .

The delay in the presentation of requests for payment of the

1993 balances, which should normally have been presented
by 30 June 1994, is the result of the request by the
Portuguese authorities to extend the measures under the

1989 — 1993 CSF into 1994 . This prevents the Member
State from presenting a request for payment of the balance
until measures relating to a given operational programme
are completed and until the balance is paid by the promoters
to the national programme administrator .

With regard to the 1997—1 999 CSF, on 29 March 1 994 the
Commission transferred a total of ECU 208 212 000 ( ESC
41 144 million ) corresponding to the first advance ( 50 % ) of
the 1994 tranche for the operational programmes
adopted .

According to the latest information, dated 3 November

1994, provided to the Commission by the ' Departamento
para os Assuntos do Fundo Social Europeu ' ( DAFSE ),
payments made by this body under the programmes referred
to amount to ESC 20 400 million . The total available

therefore represents more than 50 % of the total transferred
by the ESF, with the exception of the operational
programme on ' vocational training and employment ', for
which payments made by the DAFSE amount to 60 % of the
total paid by the ESF as the first advance .

On 27 July 1994, the DAFSE asked the Commission, in
accordance with Article 21(3 ) of Regulation ( EEC )
No 4253 / 88, for payment of the second advance of the 1994
tranche of the operational programme on ' vocational
training and employment ' for a total of ECU 53 400 000

( ESC 10 500 million ).

Following declarations made by the Portuguese authorities,
the Commission has ascertained that a significant
proportion of the first advances paid under the 1 994 — 1 999
CSF had been used to pay balances for measures relating to
the 1989 — 1993 CSF . This is not in accordance with the

provisions of Regulation ( EEC ) No 4253 / 88 referred to

above, nor with those of the Financial Regulation of
21 December 1977 applicable to the general budget of the
European Communities, and in particular Articles 1(4 ) and
22(1 ), which lay down that any payment by the Community
must be associated with an operation which is the subject of
a Decision by the Commission, and may only be used within
the framework of that operation, in addition to Article 2,
which lays down that ' budget appropriations must be used
in accordance with the principles of sound financial
management '.

On 3 October 1994, the Commission asked the Portuguese
authorities to regularise the situationand to implement a
management system in accordance with the Financial
Regulation, making payment of the second advance
conditional upon such regularization .

The Portuguese authorities later declared that the situation
had been regularized and that the amounts not used under
the 1994 — 1999 CSF were available in the ESF bank

account . The Commission has therefore asked on several
occasions for the presentation of documents providing
evidence of regularization ; these have not yet been provided
by the Portuguese authorities .

(>) OJ No L 374, 31 . 12 . 1988 .

WRITTEN QUESTION E-2537 / 94

by Isidoro Sánchez García ( ARE )

to the Commission

( 30 November 1994 )

( 95 / C 139 / 17 )

Subject : State-aid in the air-transport sector

In 1992 the Spanish aviation company Iberia received from
the Spanish Government ECU 1,3 billion in State-aid, with
Commission authorization, in accordance with the
Community rules on transport and competition .

Despite the viability plan submitted by the Iberia group, it is
well known that this Spanish company is currently facing
economic and financial problems which have led it to
request further State-aid of a similar amount, in view of the
State-aid recently granted to Air France, Air Portugal and
Olympic Airways .

In the light of this situation, can the Commission say :

1 . What is its opinion of the management of the Iberia

group since State-aid was authorized in 1992 ?

2 . Does it consider that granting further State-aid would be
the best solution, or will it consider other possibilities
before giving its authorization ?

No C 139 / 12 EN Officiai Journal of the European Communities 5 . 6 . 95

3 . What steps will it take to ensure that the appropriate
requirements are fulfilled if aid is authorized ?

Answer given by Mr Kinnock

on behalf of the Commission

( 20 February 1995 )

The Commission has so far seen no need to evaluate the

management of Iberia following the granting of State-aid to
the airline in 1992 .

The Spanish authorities recently notified the Commission of
a restructuring plan for the company, including a financial
plan . As the Commission has already explained in its
guidelines for the application of Articles 92 and 93 of the EC
Treaty and Article 61 of the EEA Agreement with regard to
State-aid in the civil aviation sector, it has to take account of
all relevant elements when assessing a second application for
State-aid, including the fact that the company has already
received State-aid . Accordingly, the Commission will
only allow further aid in exceptional circumstances
unforeseeable and external to the company .

WRITTEN QUESTION E-2559 / 94

by Michl Ebner ( PPE )

to the Commission

(5 December 1994 )

( 95 / C 139 / 18 )

Subject : Harassment while travelling within Europe

On Wednesday, 9 November 1994, shortly after 1 1 p.m ., Dr
Michl Ebner was detained for nearly an hour at the Brenner
Pass motorway border checkpoint by Corporal Locorte of
the customs service, without any grounds for suspicion
being stated . Although he identified himself as a Member of
Parliament, all his parliamentary documents and personal
documents were examined page by page ( contrary to the
provisions of Italian State Act No 43 / 1973, Articles 19 and
20, and the relevant service instruction, No 80 of 28 March

1973 ), and he was ordered to empty his coat and trouser
pockets . This raises several questions .

Was this harassment and intimidation of a traveller a

one-off incident, or was it part of the standard practice of
this and other customs officers at the Brenner Pass

motorway border checkpoint ?

Reports suggest that it was not a one-off incident . Do the
officers ' superiors back such action, and since when has this
been the case ?

When Dr Ebner, MEP, refused to empty his trouser and coat
pockets like some common criminal, and demanded to see
Corporal Locorte's superior, why did Corporal Locorte
then halt the body search ? If there had been any grounds for
suspicion, the customs officer ought to have carried out his
duty in full . Otherwise, he would have been guilty of
dereliction of duty . Assuming that there were no such
grounds, he was acting purely out of malice .

Is this kind of treatment at the Brenner Pass reserved

specially for the ethnic German population of South Tyrol,
typifying the new era of right-wing dominance in Italy, and
is it designed to marginalize any and every minority and
erode their rights ?

For all these reasons, will the EU Commission urge the
Italian Government to take the necessary steps to investigate
the incident thoroughly, to discipline the culprit(s ) and to
ensure that both elected representatives and ordinary
citizens are spared such treatment in our united Europe ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 16 January 199 S )

The events related by the Honourable Member took place at
what was at the time an external Community frontier .
Moreover, under Community law, checks may be carried
out, even on a systematic basis on the baggage of citizens of
the Union .

Where controls on individuals are concerned, it is true that
citizens of the Union are entitled to cross that frontier on

presentation of a valid identity card or passport . However,
in specific cases, more thorough checks may be made for
reasons of public policy, public security or public health .

The Commission has no information to suggest that the case
mentioned by the Honourable Member is standard
practice .

As regards disciplinary proceedings in connection with the
events referred to, the Commission is not in a position to
make representations to the Italian authorities .

5 . 6 . 95 1 EN | Official Journal of the European Communities No C 139 / 13

QUESTION E-25 63 / 94 for the coal industry, as laid out in Commission Decision

Robles Piquer ( PPE ) No 3632 / 93 / ECSC ( 3 ). If aid were to be granted by the

Commission German Government to the lignite industry, it would have

to be notified to the Commission in the present framework

December 1994 ) of rules on competition and would be considered under

( 95 / C 139 / 19 ) existing Community legislation since lignite is not
recognized as an ECSC product .

WRITTEN QUESTION E-25 63 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

(5 December 1994 )

Subject : Brown coal deposit in Horno ( FRG )

According to a recent report ( Peter Gumber, The Wall Street
Journal Europe, 4 / 5 November 1994 ) a delegation of

citizens from Horno ( Federal Republic of Germany, on the
border with Poland ) hopes to visit one of Parliament's
committees shortly to gain international support for their
cause which is that the exploitation of the underground
brown coal deposits should not result in the destruction of
their village . It appears that the Federal State of
Brandenburg wishes to proceed with the plans drawn up by
the totalitarian government of the former GDR for the
exploitation of the deposits .

In the words of the article, the brown coal industry may be
unclean, destructive and difficult to justify in economic
terms, but it is at least a source of employment in a region
which has 40 000 unemployed .

Given that German coal is highly subsidized and that this
policy is sanctioned by the Commission, and in view of the
contradictory information concerning the problem, has the
Commission established any criteria applicable to this
dispute and perhaps to any similar cases in European Union
coal basins ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 15 February 1995 )

The decision as to whether to proceed with the previous
plans to mine lignite in Horno lies with the German
authorities . As regards the potential environmental impact
of lignite mining projects, the German authorities can decide
if an environmental assessment is required under Directive
85 / 337 / EEC concerning the assessment of the effects of
certain public and private projects on the environment (. 1 ).
In order to avoid environmental damage, open-cast mines
would need to be re-landscaped .

There are no specific Community standards concerning the
environmental quality of either hard coal, or of lignite which
tends to have a higher sulphur content, but Council
Directive 88 / 609 / EEC ( as amended by Council Directive
90 / 656 / EEC ( 2 )) on the limitation of emissions of certain
pollutants into the air from large combustion plants, fixes
limit value for sulphur dioxide, nitrogen oxides and dust,
and technologies exist for the de-sulphurization of the flue
gases of combustion plants .

As regards state aids, at present there is no specific
legislation in force that establishes Community rules for
State-aid to the lignite industry similar to that which exists

(>) OJ No L 175, 5 . 7 . 1985 .

( 2 ) OJ No L 353, 17 . 12 . 1990 .

( ? ) OJ No L 329, 30 . 12 . 1993 .

WRITTEN QUESTION E-2564 / 94

by James Moorhouse ( PPE )

to the Commission

(5 December 1994 )

( 95 / C 139 / 20 ) .

Subject : Safety standards of gas appliances in holiday

accommodation

In 1992, Ms Kathleen Neal died in a rented holiday
apartment in Majorca, Spain, allegedly due to carbon
monoxide poisoning from an incorrectly installed gas water
heater .

Is the Commission aware that there have been many such
incidents where holiday makers have fallen ill or died due to
faulty or incorrectly installed gas appliances ?

What plans, if any, does the Commission have to introduce
minimum safety standards for gas appliances in holiday
accommodation across the European Union ?

Answer given by Mr Bangemann

on behalf of the Commission

( 16 February 1995 )

As indicated in reply to Written Questions No 311 / 90 from
Mrs Muscardini (') and No 1739 / 91 from Mr Seligman ( 2 )
the Commission is aware of casualties due to leaks of carbon

monoxide from faulty or incorrectly installed and
maintained gas appliances .

The Commission proposed a Directive concerning the
placing on the market of appliances burning gaseous fuels
which came into force on 1 January 1992 ( Directive
90 / 396 / EEC ) ( 3 ). After the expiry of the transitional period

( i . e 31 December 1995 ), all new appliances will have to
conform to the requirements of the Directive whatever the
premises where they are to be installed .

The Directive provides for intrinsic safety of appliances with
respect to combustion products and their dispersal, in
particular with regard to carbon monoxide ( see in particular
point 3.4 of Annex I ), preventing thereby, in as far as

No C 139 / 14 EN Official Journal of the European Communities 5 . 6 . 95

possible, negative effects from disregard of installation and
maintenance requirements .

In addition, the Directive requires the manufacturer to set
out clearly the necessary information for installation and
maintenance in the relevant manuals ( see point 1.2 of
Annex I to the Directive ).

It remains the responsibility of the Member States to ensure
that gas appliances have been correctly installed .

Furthermore the Commission has already taken a number of
other steps :

1 . Financial support has been provided by the Commission
for a publicity campaign launched in July 1994 to
increase public awareness of potential dangers .

2 . On 17 November 1994 all Member States were invited

to forward any information they have on carbon
monoxide accidents to the Commission together with
details of all the safety checks they carry out on gas
installations as well as particulars of the associated
services, for example servicing .

3 . A study has been launched on the safety of gas and liquid
fuel appliances in order to identify possible gaps in
national rules concerning the installation, maintenance
and inspection of appliances as well as gaps in
implementation of these rules, so as to identify measures
designed to reduce the number of accidents either in the
home or premises frequented by consumers, such as
hotels and holiday homes . The Commission is awaiting
the results of the study before deciding what action may
be necessary .

(M OJ No C 325, 24 . 12 . 1990 .

( 2 ) OJ No C 78, 30 . 3 . 1992 .
(•') OJ No L 196, 26 . 7 . 1990 .

WRITTEN QUESTION E-2601 / 94

by Jannis Sakellariou ( PSE )

to the Commission

(8 December 1994 )

( 95 / C 139 / 21 )

Subject : Recognition of a German vocational training

course in Greece

A Union citizen who completed a six-year training course as
a secondary and vocational school teacher at the State
teacher training institute in Augsburg and who has been
practising that profession since 1990 has applied in Greece
for recognition of his training so that he can take up a similar
post in that country . The ITE refused to grant that
recognition on the grounds that there is no comparable

training course in Greece and that teachers in that country
must have completed university studies .

Is this refusal consistent with Commission and Member

State policy on the mutual recognition of professional
qualifications ? If not, how can the individual concerned go
about challenging the refusal ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 13 January 1995 )

1 . The Directives on the recognition of qualifications for
professional purposes ( Directives 89 / 48 / EEC and
92 / 5 1 / EEC ) apply to holders of qualifications conferring the
right to take up and pursue a regulated profession in their
home Member State who wish to practise the same
profession in another Member State .

2 . From the information supplied in the Honourable
Member's question, it would appear that the individual
concerned is fully qualified to practise in his home Member
State and that the professional activity which he pursued
there is similar to that which he wishes to take up and pursue
in Greece .

In that case, the Greek authorities ' refusal to recognize his
qualifications would be in breach of the Community
Directives ( provided that the profession concerned is a
regulated profession ). Even if there are substantial
differences between the migrant's qualifications and those
required in the host Member State, in terms of either the
content or length of training ( as would seem to be the case in
this instance ), the authorities in the host Member State are in
any event required to take into account the qualifications
obtained in another Member State, although they may apply
the compensatory measures provided for in the Directives in
respect of any substantial differences . If there are no
substantial differences, the authorities in the host Member
State must accept the migrant's qualifications as they
stand .

The Commission wishes to emphasize that the Greek
authorities would not be entitled to justify their refusal to
grant recognition on the ground that Greece has not
incorporated Directives 89 / 48 / EEC and 92 / 5 1 / EEC into
national law, since they are required to respect individuals '
rights deriving from directly applicable provisions . In any
case, the authorities in the host Member State must state
their reasons for refusing to grant recognition .

3 . An individual who has been the subject of such a
refusal must be given the opportunity to challenge the
decision in accordance with the appeal procedures provided
for by the national law of the host Member State .

Moreover, in accordance with the case-law of the Court of
Justice ( see judgment in Joined Cases C-6 / 90 and C-9 / 90

Andrea Francovich and Others v . Italian Republic [ 1991 ]
ECR 1-5357 ), if a breach of Community law has been
committed by a Member State, the individual who has
suffered loss and damage may bring an action before the
national courts in order to obtain reparation .

5 . 6 . 95 I EN 1 Official Journal of the European Communities No C 139 / 15

4 . As regards Greece's failure to incorporate Directive
89 / 48 / EEC into national law, the Commission has already
referred the matter to the Court of Justice .

WRITTEN QUESTION E-2610 / 94

by Amedeo Amadeo ( NI )

to the Commission

(8 December 1994 )

( 95 / C 139 / 22 )

Subject : Re-structuring the steel industry

The Commission has abolished some corollary measures
connected with the plan for re-structuring the steel industry
following the already twice-repeated extension of the
deadlines set to enable the industry to attain the minimum
target of a 19-million-tonne reduction in productive
capacity .

Because of the need to save jobs the whole question of steel
re-structuring within the Community should be urgently
reviewed .

Can the Commission consider the possibility of drawing up
a new re-structuring plan for the Community's steel
industry, making the necessary changes to the deadlines set
earlier ?

Answer given by Mr Bangemann

on behalf of the Commission

( 15 February 1995 )

It is worth describing once again the process for
implementing the measures taken by the Commission
during the last steel crisis .

At the end of 1992, in order to remedy the structural
imbalance caused by surplus supply, the Community steel
industry undertook to carry out a re-structuring plan which
should have resulted in closure of surplus rolling capacity of
between 19 and 26 million tonnes according to the
industry's own estimates .

The industry asked the Commission for support in the form
of certain accompanying measures : social aid to compensate
for job losses, authorizations to set up funds to cover the
industrial costs of closures, regular reports on the market in
a range of steel products, and a number of external
protection measures . These measures were made contingent
on submission by the industry of a re-structuring plan
designed to achieve the pre-established closure objectives .
Despite a delay in submission of these closure programmes,
the Commission did adopt the accompanying measures at
the beginning of 1993 .

By November 1994, completed closures estimated at
approximately 16 million tonnes had still not reached the
minimum objective . Accordingly, the Commission decided
to discontinue the internal market stabilization measures

because the basic conditions for maintaing them had not
been complied with, and also because the market situation
had improved .

Meanwhile, the authorization to establish a fund to finance
closures by the industry itself had already lapsed as no actual
cases had occurred . Nevertheless, a number of external
protection measures will be extended into 1995, and the
social measures will also be continued .

For the future, the Commission is to continue to base steel
policy on the principle of shared responsibility with the
industry . To this end, it will be carrying out all the market
and sectoral analysis studies required to provide the
information necessary for changes to the economic and legal
framework, through the adoption of appropriate measures .
These studies should provide support for those individual or
collective projects which steel industries will have to be
carried out in order to maintain or improve their
competitiveness .

At the same time the Commission will continue with its

external measures .

It will also ensure compliance with the rules on State-aid in
order to prevent distortions of competition .

As always, the Commission is prepared to use any means
which could support practical and serious efforts by the
industry to re-structure and bring about lasting
improvements . It is up to the industry to give a clear
demonstration of its resolve to do this . In this connection, it
would certainly be useful for the Commission and the
industry to discuss together the implications of failure to
comply with the minimum capacity reduction objective in
order to avoid further difficulties in the years to come .

WRITTEN QUESTION E-2618 / 94

by Honor Funk ( PPE ), Lutz Goepel ( PPE ), Xaver Mayer

( PPE ), Christa Klal ? ( PPE ) and Astrid Lulling ( PPE )

to the Commission

(8 December 1994 )

( 95 / C 139 / 23 )

Subject : Protein standardization of drinking-milk under

Regulation ( EEC ) No 1411 / 71

Regulation ( EEC ) No 1411 / 71 ( ] ) governs, among other
things, changes to the natural fat content of drinking-milk .
It does not, however, permit any change to the natural
protein content .

No C 139 / 16 EN Official Journal of the European Communities 5 . 6 . 95

Can the Commission state Answer

( 28 March 1995 )
1, whether it is aware that the protein standardization of
drinking-milk is already a common practice in some
Member States of the EU ?

2, how it views the implications of protein standardization
for competition law and whether such standardization is
compatible with Regulation ( EEC ) No 1411 / 71 ?

3, how the application of this Regulation is monitored in
the various Member States and what measures it is
taking to enforce the prohibition of protein
standardization in all the Member States ?

(>) OJ No L 148, 3 . 7 . 1971, p . 4 .

Answer given by Mr Steichen

on behalf of the Commission

( 13 Januar y 1995 )

1 . The Commission has no information which would

enable it to confirm that protein standardization of
drinking-milk has become a common practice in some
Member States .

2 . Since a very large proportion of the milk delivered to
dairies is marketed as drinking-milk, the Commission
believes that it is vital to harmonize the rules applicable to
such products in order to ensure the stability and balance of
the market, thereby helping to attain the objectives sought
by the common organization of the market in milk and milk
products . The ban on protein standardization provided for
in Regulation ( EEC ) No 1411 / 71 should be seen in this

context .

3 . The Commission must ensure that Regulation ( EEC )
No 1411 / 71 is transposed into the national laws governing
the production and marketing of drinking-milk . The
national authorities are responsible for ensuring that those
provisions are correctly applied .

WRITTEN QUESTION E-2621 / 94

by James Moorhouse ( PPE )

to the Council

( 13 December 1994 )

( 95 / C 139 / 24 )

Subject : Political executions in Iran

It has been reported that thousands of people have been
executed by the Iranian Government in recent times . The
Iranian Chargé d'Affaires in London, Mr Gholamreza
Ansari, has admitted to hundreds of executions .

What justifications have been given by the Iranian
Government for these revolting actions ?

The European Union maintains a critical dialogue with Iran,
as decided by the Edinburgh European Council in December

1992 . It never misses that opportunity to raise the issue of
human rights with the Iranian Authorities .

The European Union continues to be concerned by the
human rights situation in Iran . In this regard the
Honourable Member could refer to the Resolution on the
subject adopted by the UN General Assembly on
23 December 1994 at the European Union's instigation .

However, the Council is not aware of the report mentioned
by the Honourable Member or of any comments on the
subject by the Iranian Chargé d'Affaires in London or by the
Iranian Government .

WRITTEN QUESTION E-2626 / 94

by Honório Novo ( GUE / NGL ) and

Salvador Jové Peres ( GUE / NGL )

to the Commission

(S December 1994 )

( 95 / C 139 / 25 )

Subject : Construction of the Lisbon-Valladolid

motorway

It has recently been reported in Portugal that, because of
financial difficulties, the European Union will not support
the construction of the Lisbon-Valladolid motorway .

As is well known, this motorway is one of the projects
already approved as part of the great trans-European road
networks .

Accordingly, could information be provided on the truth or
otherwise of these reports ?

If financial difficulties exist and it is true that the intention is

to postpone some of these projects, phasing them over time,
does the Commission consider that priority in constructing
roads proposed as part of the trans-European transport
network must be given to projects linking the EU's outlying
regions and, consequently, to the construction inter alia of
this road ?

Does the Commission consider that if priority is not given to
the construction of the Lisbon-Valladolid motorway this
would be at variance with the declared policy of
strengthening social and economic cohesion, which was
intended to be achieved through construction of the
trans-European networks ?

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 17

Answer given by Mr Kinnock

on behalf of the Commission

( 14 February 1995 )

The Lisboa-Valladolid motorway was included in the
trans-European road network proposals adopted by the
Council in 1993 . This proves its importance at Community
level . The motorway will not only link urban centres in
Portugal and Spain, but will also constitute a basic link
between the motorway networks of the Iberian Peninsula
and France . It was included in the road network section of

the proposal on Community guidelines for the development
of the trans-European transport network (').

The Commission's White Paper of December 1993 included
this link as a significant large project for economic and social
cohesion .

The Christophersen Group included this route in the list of
transport priority projects submitted to the Essen European
Council . This underlines that the forthcoming construction
of this motorway is considered an important task to which
Spain and Portugal need to commit themselves . In deriving
maximum benefit from the available Community support,
the two Member States should do all they can to speed up
the preparation and implementation of the project .

In its final report, the Christophersen Group indicated that
the Lisboa-Valladolid motorway project was eligible for
major Community subsidies in the interests of cohesion . It
now remains for the Member States concerned, in
cooperation with the Commission, to specify what
proportion of the available funds they consider should be
earmarked for the project and what proportion should go to
other transport infrastructure projects .

The decision to use European funds on these projects lies
with the Member States . The Community has a subsidiary
role of stimulation and coordination .

Part of the Lisboa-Valladolid motorway has already been
built and part is under construction . The Community,
notably through the cohesion fund, is co-financing the
construction of two stretches of the motorway on the
Portuguese side .

(') OJ No C 220, 8 . 8 . 1994 .

currently threatening the death of certain lakes in the
EU ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 14 February 1995 )

As foreseen in the fifth environment action programme, the
Commission is currently considering whether any specific
action is required to alleviate the problem of phosphate
pollution in Community waters . Phosphates of
non-agricultural pollution have been addressed in a variety
of measures, most notably in the urban waste water
treatment Directive ( 91 / 271 / EEC ) ('). Action taken by
Member States under the nitrate Directive ( 91 / 676 / EEC ) ( 2 )
will, of course, have some impact on agricultural nutrient
pollution generally, including phosphates . Specific local
phosphate problems will be addressed by the proposed
ecological quality of water Directive ( 3 ). In these
circumstances, the Commission is considering whether
further measures are necessary . Any information which the
Honourable Member can contribute to these deliberations
would be gratefully received .

C ) OJ No L 135, 30 . 5 . 1991 .

( 2 ) OJ No L 375, 31 . 12 . 1991 .
(-') COMÍ93 ) 680 final .

WRITTEN QUESTION E-2641 / 94

by Mary Banotti ( PPE )

to the Commission

(8 December 1994 )

( 95 / C 139 / 27 )

Subject : Directive on broadcasting

Is the Commission aware of the widerspread concern about
Conditional Access systems for pay-TV services ? There
seems to be almost no industry consensus about the code of
conduct on conditional access for digital television .

Is the Commission going to examine this code for negative
WRITTEN QUESTION E-2636 / 94
clearance or exemption under competition law ?

by Glyn Ford ( PSE )

to the Commission

(8 December 1994 )

Answer given by Mr Bangemann
( 95 / C 139 / 26 )

on behalf of the Commission

(8 February 1995 )
Subject : Phosphate pollution

Can the Commission detail what proposals are in hand to
deal with the control of phosphate-rich fertilizers, which are

Over the past 18 months issues related to conditional access
for pay-TV services were considered in depth by the

No C 139 / 18 EN Official Journal of the European Communities 5 . 6 . 95

interested parties under the auspices of the European project
on digital video broadcasting ( DVB ). DVB has a
membership of more than 150 organizations active on the
European market and interested in the future digital
television services including broadcasters, both public and
private, manufacturers of both profession and consumer
equipment, and operators of satellite, cable and terrestrial
networks . The Commission has followed these discussions

closely .

The Commission proposal for a Council Regulation on the
common organization of the market in potatoes ( COM(92 )

1 85 final ) C ) is opposed by some, because they consider that
its implementation could inter alia entail greater
Community expenditure, complicate administrative
formalities and / or interfere with the free development of the
market .

The Council of Ministers of 18 and 19 July 1994 agreed to
continue its deliberations on the establishment of a CMO in

potatoes with a view to adopting a Decision by 1 July

The DVB discussions concluded at the end of September 1995 .

1994 with agreement on a package of elements including a
common scrambling system, licensing arrangements for
conditional access technology, arrangements for the transfer
of control of conditional access system at cable head-ends, a
declaration on anti-piracy legislation and a code of conduct .
No single approach was agreed to operational procedures
for conditional access but instead it was agreed that a small
number of approaches could co-exist in the market
simultaneously . The DVB agreement was on a compromise
package of elements and not all of the elements appeal
equally to all of the parties .

The code of conduct is a private agreement between a
number of parties and it is up to them to decide if they wish
to submit it to the Commission for negative clearance or
exemption under competition law .

WRITTEN QUESTION E-2658 / 94

by Josu Imaz San Miguel ( PPE )

to the Commission

The new CMO should be compatible with the general
regulation of other agricultural products which compete
with potatoes despite the fact that the problems which gave
rise to the present arrangements for these products ( the lack
of control over EAGGF Guarantee expenditure ) and the
problems affecting potatoes are different, and efforts should
be made to avoid the usual problems which beset the
CAP .

The introduction of a specific system of surface area quotas
in the proposal for a CMO in potatoes could provide a
flexible general framework to regulate supply without
complex administration or increased expenditure and the
dynamics of the market itself would lead to a stable, efficient
and fair functioning of the market .

Could the Commission consider including such a system of
surface area quotas in a new proposal for a Regulation on
the establishment of a CMO in potatoes ?

f 1 ) COM(92 ) 185 final — OJ No C 333, 17 . 12 . 1992, p . 19 .

Answer given by Mr Steichen

on behalf of the Commission

( 14 December 1994 ) ( 13 January 1995 )

( 95 / C 139 / 28 )

The Commission has studied the Honourable Member's

proposal with interest .

Subject : Proposal for a CMO in potatoes based on a specific

system of surface area quotas However, the Commission believes that supplementing the
proposal it presented to the Council in November 1 992 with
a view to creating a common organization of the market in
potatoes with a system of surface area quotas would not
A market as unstable as that of the potato needs to be help the Council to reach a rapid decision on this
regulated at European level, particularly since it is matter .
increasingly being grown as an alternative crop, because of
production restrictions on other agricultural products,
owing to the spread of quota arrangements, and this could
exacerbate the problems of potato-growers .

5 6 9S EN Officiai Journal of the European Communities No C 139 / 19

WRITTEN QUESTION E-2667 / 94 made under Article 8 have as their priority targets SMUs and

by Antonio Trizza ( NI ) non-profit-making farmers ' associations ?

to the Commission

( 14 December 1994 )

( 95 / C 139 / 29 )

(M OJ No L 193, 31 . 7 . 1993, p . 44 .

( 2 ) OJ No L 374, 31 . 12 . 1988, p . 25 .

( ? ) OJ No L 185, 15 . 7 . 1988, p . 9 .

( 4 ) OJ No C 303, 29 . 10 . 1994, p . 17 .

Answer given by Mr Steichen

Subject : Call for proposals for pilot projects and on behalf of the Commission
demonstration projects relating to the adjustment ( 16 January 1995 )
of agricultural structures and the promotion of
rural development ( 94 / C 303 / 11 )

Regulation ( EEC ) No 2085 / 93 ('), amending Regulation

( EEC ) No 4256 / 88 ( 2 ) laying down provisions for
implementing Regulation ( EEC ) No 2052 / 88 ( 3 ) as regards
the EAGGF ( Guidance Section ), states that ' the scope of
Article 8 of Regulation ( EEC ) No 4256 / 88 should be
extended to incorporate rural development more
effectively '.

Under Article 8 of Regulation ( EEC ) No 4256 / 88, 126
actions are financed to the sum of ECU 67 million ;
utilization of the funds available has risen progressively
from 8,7% in 1989 to 98 % in 1993 . If one considers that
for 1 994 actions submitted by public bodies were eligible for
funding while those of private bodies were excluded, the
degree of utilization of the available funds appears
limited .

Communication 94 / C 303 / 11 ( ) states that projects
submitted by private bodies must be accompanied by a bank
guarantee covering the amounts of the advances paid by the
Commission .

The obligation on the part of private bodies to furnish a
bank guarantee as part of the new instruction procedures for
pilot projects and demonstration projects ( Article 8 of
Regulation ( EEC ) No 4256 / 88 ) derives from the
Commission's concern to ensure the sound and transparent
management of that instrument designed to support the
promotion of rural development .

Moreover, the bank guarantee is normal practice in
Community procedures . It is not a question of providing, at
the time the application is submitted, a bank guarantee
covering the total amount of the project . The beneficiary of
Community assistance is asked to provide a bank guarantee
corresponding to the amount of each advance provided for
in the decision's financial timetable .

Each guarantee thereafter will be released as soon as the
eligibility of the expenditure incurred by the beneficiary has
been verified .

WRITTEN QUESTION E-2668 / 94

by Cristiana Muscardini ( NI ) and Amedeo Amadeo ( NI )

to the Commission

( 14 December 1994 )

( 95 / C 139 / 30 )

The onerous nature of this condition is such that it may be
difficult to meet for SMUs and farmers ' associations, Subject : The need to update
especially in those areas of southern Europe where access to

re-conversion objectives

credit is rendered difficult by the climate of extreme
suspicion surrounding the credit institutions . The risk exists
that the existence of the condition may jeopardize the The persistence of the severe
actions promoted in the private sector by SMUs and crisis affecting Lombardy, and
major farmers industrial ' associations groups, to the and benefit the of multinationals the initiatives of, thus the shedding Rhodese-Bollatese of jobs and area the, which cessation is
restricting the field of application of Article 8 of Regulation number of productive activities,

Subject : The need to update the EEC's industrial
re-conversion objectives

( EEC ) No 2085 / 93 .

Does the Commission not consider it necessary to amend the
clause requiring private-sector applicants to accompany
their requests for funding with a bank guarantee covering
the entire value of the sums paid by the Commission, and to
ensure that, on the basis of equal conditions, the payments

The persistence of the severe employment and productive
crisis affecting Lombardy, and in particular the
Rhodese-Bollatese area, which is reflected in the continued
shedding of jobs and the cessation of an ever-growing
number of productive activities, suggests the need for the
Commission to redraw the map of areas in severe industrial
decline .

Can the Commision undertake, as a matter of urgency, to
update Objective 2 of the proposal for a Directive ( EEC ) on
the re-conversion of areas in severe industrial decline, so as
to include the area from Asse del Sempione to
Rhodese-Bollatese on the list of Community regions eligible
for aid from the Structural Funds and the other EEC

No C 139 / 20 EN Official Journal of the European Communities 5 . 6 . 95

financial instruments for the reinforcement and

re-conversion of productive activity ?

the Community are now back to the same level as they were
prior to the entry into force of the abovementioned
Directive ?

(') OJ No L 382, 31 . 12 . 1985, p . 228 .
Answer given by Mr Millan
on behalf of the Commission

( 16 January 1995 )

Answer given by Mr Steichen

on behalf of the Commission

Pursuant to Article 9(6 ) of Council Regulation ( EEC )
No 2052 / 88 ('), as amended by Regulation ( EEC ) ( 13 January 1995 )
No 2081 / 93 ( 2 ), assistance granted by the Community in
respect of Objective 2 is planned and implemented on a
three-yearly basis . The list of areas eligible under this On 1 January 1989 the United States
Objective for the programming period 1994 — 1996 was valorem duties on a range of
adopted by the Commission on 20 January 1994 on the including prepared and preserved
basis of a proposal from the Member State and in the light of for the Community's import ban on
the criteria for eligibility for Objective 2 set out in animals treated with growth hormones
Article 9(2 ) of the Regulation referred to above . in the products on this list was

When the current programming period comes to a close at
the end of 1996, the Commission will revise the list of areas
eligible under Objective 2, again on the basis of a proposal
from the Member State .

However, whether or not they are eligible under the regional
Objectives of the Structural Funds, areas suffering from
serious problems of unemployment may also receive
Community assistance from the horizontal measures under
Objectives 3 and 4 .

(') OJ No L 185, 15 . 7 . 1988 .
(-) OJ No L 193, 31 . 7 . 1993 .

WRITTEN QUESTION E-2685 / 94

by Carmen Fraga Estévez ( PPE )

to the Commission

( 16 December 1994 )

( 95 / C 139 / 31 )

Subject : Retaliatory measures with regard to peeled

tomatoes

The US Presidential Proclamation 5759 of 24 December

1987 imposed retaliatory measures against a number of
agricultural products in response to the Community's
decision ( Directive 85 / 649 / EEC (')) concerning the
importation of hormone-treated meat into the
Community .

The products subject to retaliatory measures included
Italian and Spanish peeled tomatoes .

What steps is the Commission taking to put an end to these
retaliatory measures particularly since US meat exports to

On 1 January 1989 the United States imposed 100% ad
valorem duties on a range of Community products,
including prepared and preserved tomatoes, in retaliation
for the Community's import ban on beef products from
animals treated with growth hormones . The value of trade
in the products on this list was considered by the US to be
equivalent to the value of its beef export trade lost as a
consequence of the hormones ban .

Measures agreed in 1989 by a joint Community — United
States task force enabled United States exports of hormone
free beef products to resume, and the US made consequent
small reductions in 1989 in the list of products subject to the

100 % duty .

In subsequent years US beef products have been imported
into the Community at a more substantial level, although
still less than half the level of trade before the imposition of
the hormones measures . Consequently the Commission has
at various times made representations to the US for a
reduction in the range of products on the list, consistent with
the current level of US exports to the Community . The US
has, however, not so far accepted the Commission's
arguments . It claims that the size of its list is fully
justified .

The Commission retains the objective of securing a
satisfactory solution to this trade dispute which would
ensure the abolition of the 100 % ad valorem duty from all
products on the US list .

WRITTEN QUESTION E-2694 / 94

by Frédéric Striby ( EDN )

to the Commission

( 16 December 1994 )

( 95 / C 139 / 32 )

Subject : Free movement of Natel C telephones between

Switzerland, Germany and France

Is the Commission aware that French customs officers

charge a heavy fine on Natel C telephones, which are used by

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 21

German, Swiss and French nationals in the cross-border
area, when these genuinely portable working tools are taken
from Switzerland into France, contrary to what happens
under the relevant German legislation ?

Does the Commission have any plans to introduce a list of
exempt working tools in border areas, in order to ensure a
uniform approach ?

great interest for the Commission . However, penal measures
or the imposition of a fine come within the competence of
the national laws of the Member State concerned .

(') OJ No L 196, 17 . 7 . 1987 .

( 2 ) OJ No L 8, 12 . 1 . 1994 .

WRITTEN QUESTION E-2696 / 94

Answer given by Mr Bangemann by Frédéric Striby ( EDN )

on behalf of the Commission

( 27 February 1995 )

The Commission is aware that the free circulation of certain

types of radio transmitting equipment cannot be achieved in
cases where there is a lack of harmonization of frequency

bands used by individual Member States .

The specific case of mobile radio telephone equipment led
the Council to adopt recommendation 87 / 371 / EEC on the
coordinated introduction of public pan-European cellular
digital land-based mobile communications in the
Community ('), and to adopt Directive 87 / 372 / EEC on the
frequency bands to be reserved for the coordinated
introduction of public pan-European cellular digital
land-based mobile communications in the Community (').
To further progress this harmonization effort the
Commission has actively supported the relevant standards
being developed, and could therefore adopt Decision
94 / 1 2 / EC on a common technical regulation for the general
attachment requirements for public pan-European cellular
digital land-based mobile communications ( 2 ) as well as
Decision 94 / 1 1 / EC on a common technical regulation for
the telephony application requirements for public
pan-European cellular digital land-based mobile
communications ( 2 ).

The Commission has been notified by the Member States
that operators are providing a digital land-based mobile
communications service, and that type approved terminals
are available on the market .

The Commission can therefore state that there already exists
a modern digital system which has been implemented in all
the Member States, and that a competitive market on
services and terminals in the domain of mobile radio

telephony has become a reality . The Commission has
therefore no plan to intervene in the case of free movement
of the Swiss Natel C terminals, the technology of which is
analogue . Type approval is an internal Swiss matter, and the
frequencies used by the Natel C terminals are not
harmonized at European level .

The issue of administrative fines or pecuniary penalties
imposed by French authorities in cases of unlawful
importation of non authorized mobile telephones from third
countries or in case of their illegal use in the Community is of

to the Commission

( 16 December 1994 )

( 95 / C 139 / 33 )

Subject : Traffic regulations in Germany

Is the Commission aware of the rather unusual way in which
traffic regulations are enforced in Germany, where on the
strength of an accusation by a member of the public,
motorists who are nationals of a Community Member State
can be stopped and booked by the police, without any
evidence or investigation into the substance of the
allegation, be kept in custody for several hours, and finally
have their licences endorsed with a provisional ban on
driving in Germany ?

Does the Commission, as guardian of the Treaties, consider
that these discriminatory and repressive practices and the
use of informers are in keeping with the spirit and the letter
of the Treaty on European Union, and with Article 6 of the
European Convention on Human Rights, which has been
ratified by the Bonn Parliament ?

In view of these disturbing facts, does not the Commission
consider it necessary and appropriate to ask the German
authorities for a detailed explanation of the procedures used
in Germany ?

In 1993 Jean-Paul Heider put the same question ( Written
Question E-3884 / 93 ) ( 1 ) to the Council, which stated that it
was not competent to deal with the matter .

(') OJ No C 84, 21 . 3 . 1994, p . 28 .

Answer given by Mr Kinnock

on behalf of the Commission

(3 March 1995 )

German highway regulations allow members of the public
to report what they consider to be illegal behaviour on the
road . Such matters are then taken up by the German
authorities .

The same rules apply to everyone driving on German roads,
whether they are German citizens or foreign nationals, and
are therefore not discriminatory .

No C 139 / 22 EN Official Journal of the European Communities 5 . 6 . 95

Accordingly, the Commission is unable to approach the
German authorities in respect of the behaviour of individual
citizens .

WRITTEN QUESTION E-2697 / 94

by Armelle Guinebertière ( RDE )

to the Commission

( 16 December 1994 )

( 95 / C 139 / 34 )

Subject : The problems facing customs clearance agents in

converting to other work

The abolition of customs formalities within the Community
has had a serious social and economic impact on forwarding
agents and customs clearance agents .

It has also become apparent, in connection with the
conversion policy adopted by the European Union, that
many companies which urgently need to re-capitalize are
experiencing many difficulties with their banks .

Does not the Commission therefore consider it important to
implement a specific programme to offer them low-interest
loans ?

Does it not also consider that a programme for this sector,
along the lines of Konver, would be an appropriate response
to its very difficult situation ?

Does it further consider that this sector's conversion to other

work is being carried out with genuine efficiency, and does it
consider that conversion loans are being used in the best
possible way ?

Does it have any plans to submit a report to the European
Parliament on the measures taken and the disbursement of

the loans in question ?

( lii ) specific measures set out in Regulation ( EEC )
No 3904 / 92 ( M.

The question consists of several parts :

( a ) The Honourable Member asks whether the
Commission does not consider it important to
implement a specific programme of low-interest loans .
When Regulation ( EEC ) No 3904 / 92 was being
prepared, the Commission stated, in its comments on
Article 4 ( i.e . not as part of the text of the Regulation ),
that interest rebate schemes were among the forms of
action for which the national assistance schemes

mentioned in Article 4 could be part-financed . Some
Member States availed themselves of the facility . This is
no longer possible since the sums appropriated have
been entirely committed .

( b ) It is not for the Commission to decide whether to
institute a programme of the Konver type specifically
for customs agents .

( c ) The available resources have been efficiently allocated
between and within the Member States, although it is to
be regretted that faster progress was not made in
starting the projects . This was the responsibility of the
promoters and the authority appointed by each
Member State to implement the programme . Whether
the best possible use has been made of the funds will be
determined in the evaluation phase, which will begin as
soon as all the activities co-funded under the

Regulation have been completed .

( d ) The Commission will submit to Parliament a report on

action taken pursuant to Regulation ( EEC )
No 3904 / 92 as required by Article 12 of the
Regulation .

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

WRITTEN QUESTION E-2723 / 94

by Anita Pollack ( PSE )
Answer given by Mr Flynn to the Commission
on behalf of the Commission

( 16 December 1994 )
(3 March 1995 )

( 95 / C 139 / 35 )

Community measures to assist customs agents following the
abolition of tax and customs controls at the Community's
internal borders on 1 January 1993 fell into three

categories :

( i ) action under the ESF ;

( ii ) action under the ERDF ( Community Interreg I
and II ):

Subject : Advertising during time-slots for children's
television programmes

Which Member States permit TV advertising to take place
around or during the time-slots showing children's TV
programmes ? Has the Commission conducted or does it
plan any studies in this area ?

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 23

Answer given by Mr Oreja
on behalf of the Commission

WRITTEN QUESTION E-2736 / 94

by Carlos Robles Piquer ( PPE )
( 16 February 1995 ) to the Commission

( 16 December 1994 )

The Commission would refer the Honourable Member to
( 95 / C 139 / 37 )
the reply to her question No 2271 / 94 (') with respect to the
Member States which ban advertising during children's TV
programmes . It should be added that Sweden also enforces
strict rules for the protection of children . Subject : Huge photovoltaic power station in Nevada

(') OJ No C 88, 14 . 11 . 1994, p . 6 .

WRITTEN QUESTION E-2728 / 94

by Anne André-Léonard ( ELDR ), Peter Crampton ( PSE ),

Maren Giinther ( PPE ) and Wilmya Zimmermann ( PSE )

to the Commission

( 16 December 1994 )

( 95 / C 139 / 36 )

Subject : Commission representation at the World Summit

for Social Development

What kind of delegation does the Commission intend to
send to the UN World Summit for Social Development
(6 — 12 March 1995, Copenhagen, September 1995 )? How
many Commission officials will attend the Conference, and
which Directorates-General will they represent ?

Answer given by Mr Marin
on behalf of the Commission

(8 March 1995 )

The United Nations General Assembly has accorded the
Community special status as a full participant at the World
Summit for Social Development .

The Commission President, Mr Santer, will attend the part
of the Summit set aside for heads of State or

Government .

The Commission delegation will be led by Mr Flynn,
Member of the Commission . It will include the

Director-General for Employment, Industrial Relations and
Social Affairs, the Director with charge of North-South
relations in the Directorate-General for External Economic

Relations, together with a number of advisers from those
departments and from the Directorate-General for
Development, and also three representative Members of the
European Parliament .

In addition the delegation will be enlarged, as an exceptional
measure for this occasion, to include representatives of the
Economic and Social Committee and of business and

labour .

According to a report in ' The New York Times ' on

16 November 1994, Enron Corporation plans to build the
world's largest photovoltaic power station, with a capacity
of 100 megawatts, in the Nevada desert . The company
expects to be generating electricity at the very reasonable
price of 5,5 cents per unit within two years . It has the
backing of the Federal Energy Department, in principle,
which will purchase the energy generated ; there will be no
other form of subsidy .

Does the Commission have any more detailed information
on the project, which could give a tremendous boost to this
type of renewable energy ? Does it consider that similar
measures could be taken in the European Union ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 16 February 1995 )

According to the information at the Commission's disposal
the project referred to by the Honourable Member is that
being proposed by Amoco / Enron Solar at a US Government
test site in the Nevada desert . It involves setting up a factory
to produce photovoltaic cells ( amorphous silicon ) with an
annual capacity of around 10 MW and constructing a
photovoltaic power station which could reach a total
installed capacity of 100 MW over the next decade .

The federal test centre would purchase the energy thus
generated at the rate of 5,5 cents / KWh, which is close to
what it already pays for its electricity . A decision on whether
to go ahead with the project might be reached within a few
months .

The Commission does not have enough information to
assess the technical performance or economic profitability
of this project, which does not appear to have been fully
defined yet . It is undeniable, however, that local conditions
are extremely favourfable : the site enjoys large amounts of
sunlight and the test centre needs a lot of energy for its air
conditioning .

If the project can really produce capacity such as this it will
certainly give a boost to the development of photovoltaic
power in the United States and around the world . It would

No C 139 / 24 EN Official journal of the European Communities 5 . 6 . 95

be interesting to examine closely the possibility of
undertaking a similar project in Europe, which could indeed
have a similar impact .

conclusions on the use of any nuclear material in these
places . Euratom inspections commenced in January 1995 to
confirm the declarations made by the facility operators .

WRITTEN QUESTION E-2741 / 94

WRITTEN QUESTION E-2737 / 94
by Fausto Bertinotti ( GUE / NGL )

by Carlos Robles Piquer ( PPE )

to the Commission

to the Commission
( 16 December 1994 )

( 16 December 1994 )

( 95 / C 139 / 38 )

Subject : The Swedish military nuclear programme

The ' Washington Post ' ( 26— 27 November 1994 ) has just
revealed that Sweden has failed to comply with its
obligations as a signatory to the Nuclear Non-Proliferation
Treaty ; it has maintained its 85-megawatt Agesta reactor,
which has the capacity to produce plutonium, in such a
condition that it could be rendered operational again at
short notice . According to an investigation of the Swedish
nuclear programme by Mr Jan Prawitz, the former Swedish
Prime Minister, the late Olof Palme, campaigned hard on
the anti-nuclear side, but was secretary, in 1958, of a secret
committee which decided to continue research into the

options regarding a Swedish nuclear deterrent .

( 95 / C 139 / 39 )

Subject : Nuclear proliferation caused by the French firm

Cogema

According to press reports, Cogema has offered the German
company Pe ( Preussenelektra ) a new contract to reprocess
nuclear waste . The terms of the contract are said to include a

proposal to take charge of the plutonium obtained, or to
transfer material which can be put to military use to
unnamed ' third ' parties of Pe's choice .

Is the Commission aware of such a contract ?

Can the Commission provide assurances trhat the contract
in question does not contravene the Union's
radiation-protection and storage legislation ?

What information can the Commission supply to
Parliament on these disquieting reports, and what are its
views on the matter ? Answer given by Mr Papoutsis

on behalf of the Commission

( 21 February 1995 )

Answer given by Mr Papoutsis

on behalf of the Commission

( 10 February 1 995 )

The international community was aware of the existence of
the Agesta facility . A number of International Atomic
Agency inspections were performed there .

The Swedish authorities confirm that although the Agesta
reactor is of a type that theoretically can be used for the
production of plutonium, it has never been used for that
purpose, but was used for district heating and electricity
generation . The reactor has been empty since January 1975
and the spent fuel is stored at the Oskarshamn facility which
is under international safeguards . The Swedish authorities
also confirm that Sweden does not keep a nuclear option
and that it is the policy of the Swedish Government to
honour all international obligations .

Since the accession of Sweden to the European Union on

1 January 1995, all Swedish nuclear installations are subject
to Euratom safeguards . In that framework the necessary
safeguards measures are being worked out for Oskarshamn
and the Agesta reactor, to enable Euratom to draw

Commitments for the reprocessing of spent nuclear fuel
have to be notified to the Euratom Supply Agency pursuant
to Article 75 EAEC Treaty as soon as contracts are
signed .

The plutonium as well as all other nuclear materials defined
unter Article 1 97 EAEC Treaty to which such commitments
relate, is subject in the territories of the Member States to the
safeguards laid down in Chapter VII EAEC Treaty . The
Commission makes sure that nuclear materials are not

diverted from their intended uses as declared by the

users .

In cases where these materials are not to be returned to the

original undertaking but are to be supplied to other
undertakings inside the Community, Article 52 EAEC '
T reaty gives the agency an exclusive right to conclude supply
contracts and a right of option .

Transfers outside the Community of plutonium and other
special fissile materials may only be carried out through the
Agency after authorization by the Commission . In addition,
they are subject to the requirements of the guidelines on
transfers of nuclear material and nuclear equipment which

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 25

were drawn up by the nuclear supplier's group of which all
Member States are members . These guidelines contain basic
principles concerning safeguards and control of
international nuclear trade and over inter alia :

— the necessary declaration of intended use and the formal

guarantee by the government of the recipient country
concerning the use ;

— the level of implementation of measures concerning

physical protection and safety according to the type of
material ;

— the application of the IAEA safeguards for all current or

future nuclear activities (' full-scope safeguards ') in the
country of destination as condition to supply
commitments to non-nuclear weapon States .

In addition to the application of these measures ensuring
that the trade of nuclear materials is under strict control, the
provisions of Chapter III EAEC Treaty and its secondary
legislation concerning the basic standards laid down for the
protection of the health of workers and the general public
against the dangers arising from ionizing radiations apply to
commercial reprocessing activities . Each Member State has
to ensure compliance with these standards .

The Euratom supply agency does not know about the
contract to which the Honourable Member refers .

cannot understand why these cannot be made available
from the Commission at my request . Surely some group
could simply contact each country and procure the
documents and make their own studies . With this being the
case, there is no reason why the Commission could not
simply supply those returns for the Member States where
they are made public .

Answer given by Mr Bangemann

on behalf of the Commission

( 10 February 1995 )

Article 14 of the official control of foodstuffs Directive
89 / 397 / EEC (') requires Member States to submit annually
information about the information of food premises by food
control officials . Member States have so far requested that
the information is dealt with on a confidential basis by the
Commission with the proviso that other Member States '
competent authorities may have access to the raw data if
requested .

The data for 1991 and 1 992 is collated in the report from the

Commission to the Council and the Parliament on the
application of Article 14 of the Directive ( : ), which was sent
to the Parliament on 6 December 1994 .

Some Member States ' competent authorities for food
Control publish annual reports of their activities which may
include some details of food control inspection statistics .
The data published is not necessarily in the same format as
that submitted to the Commission .
WRITTEN QUESTION E-2748 / 94

by Graham Mather ( PPE ) (') OJ No L 186, 30 . 6 . 1989 .
to the Commission (-) COM(94 ) 5 67 .

( 16 December 1994 )

( 95 / C 139 / 40 )

Subject : Requesting Member States ' returns under
Article 14 of the Official Control of Foodstuffs

Directive

Under Article 14 of the Official Control of Foodstuffs

Directive, each Member State is required to file a
quantitative return on the assessment of inspections of food
areas and premises . This annual return is submitted to
DC III for review and the formulation of comparative
studies .

As an MEP, I requested the returns of other Member States
to conduct my own comparison of the results . Flowever, I
was notified that such returns are confidential, since the
Commission did not want other groups doing comparative
studies . The reason stated was that each country contained
different definitions in the studies, thus making
comparisons invalid or skewed .

I was told that several countries make their returns public
and are printed by the appropriate department of the State . I

WRITTEN QUESTION E-2754 / 94

by Alexander Langer ( V )

to the Commission

( 21 December 1994 )

( 95 / C 139 / 41 )

Subject : EU business dealings with a special-waste dump in

Szâlanta ( Hungary )

Is the Commission aware that at Szâlanta in southern

Hungary, very near the border, which is an area with a
Croatian minority, there is an extensive special-waste dump
where chemical substances are stored in barrels, some of
which are rusting and nearly all of which apparently
originated abroad, including in the EU, the US and Japan ? Is
the Commission aware that there is talk that a large
incineration plant, supposedly sought by French firms, is to
be built with no consideration for the environment or the
population ?

No C 139 / 26 EN Official Journal of the European Communities 5 . 6 . 95

What action does the Commission propose to take to clarify WRITTEN QUESTION
the circumstances and the possible infringement of by David Bowe ( PSE )
Community rules on the export of hazardous waste and

to the Commission

prevent the environment in neighbouring States, too, from
being seriously affected ? ( 21 December 1994 )

WRITTEN QUESTION E-2757 / 94

to the Commission

( 21 December 1994 )

Answer given by Mrs Bjerregaard

on behalf of the Commission

(1 S February 1995 )

The Commission is not aware of a special-waste dump at
Szâlanta in Hungary .

Article 14 of Council Regulation ( EEC ) No 259 / 93 (M on
the supervision and control of shipments of waste within,
into and out the Community prohibits exports of all wastes

( hazardous and non hazardous ) destined for final disposal
out of the Community to third countries, except to a few
countries which are not relevant to the case cited by the
Honourable Member . This Regulation has applied since
6 May 1994 . Shipments that have taken place since then in
contravention of this prohibition are illegal .

Under Directive 84 / 63 1 / EEC ( 2 ), as amended by Directive

86 / 279 / EEC ('), which preceded the aforementioned
Regulation, exports of hazardous waste out of the
Community to third countries were subject to the prior
informed consent of the country of import ( Article 3.4 ).
Therefore, any such shipment that has taken place before

6 May 1994 without the consent of the Hungarian
authorities has to be considered illegal .

It is up to the authorities designated by each Member States
to supervise and control the practice of waste shipments and
to apply and enforce the system of notification and control
provisions laid down by Regulation ( EEC ) No 259 / 93 .
Furthermore, Member States are obliged to take legal action
to prohibit and punish illegal traffic .

The Honourable Member will appreciate that the
Commission cannot account for shipments of hazardous
waste to Hungary which originate from third countries such
as the US and Japan .

The Commission is not informed about the construction

and the operation of hazardous or non-hazardous waste
incinerators outside the Community . So nothing is known
about rumours of a large incineration plant to be built in
Szâlanta ( Hungary ).

The Commission has written to the Hungarian authorities
in order to obtain more infomation regarding the facts
mentioned by the Honourable Member .

(') OJ No L 30, 6 . 2 . 1993 .

( 2 ) OJ No L 326, 13 . 12 . 1984 .*

( ! ) OJ No L 181, 4 . 7 . 1986 .

( 95 / C 139 / 42 )

Subject : Artists ' and decorating oil paints

Has the Commission any plans to phase out artists ' oil
colour paints and decorating oil paints, in favour of alkyl
and polymer substitutes ?

Answer given by Mr Bangemann

on behalf of the Commission

( 16 February 1995 )

The Commission has no plans at present to phase out artists
oil colour paints and decorating oil colour paints in favour
of alkyl and polymer substitutes .

Artists colours are marketed through very specific
distribution channels and are used by a very small and
specialised group of users . The risks under normal
conditions are not thought to be so high as to warrant a
phase-out at this time in favour of less well-known
substitutes .

WRITTEN QUESTION E-2 75 8 / 94

by Jean Baggioni ( RDE )

to the Commission

( 21 December 1994 )

( 95 / C 139 / 43 )

Subject : Opening up of ground-handling services to free

competition

Since the single market came into force, ground handling
services have been subject to Community rules on free
competition, and airport services are no longer exempt .
Since 1 January 1993 a few airlines have complained to the
Commission that some European airports are abusing their
dominant position .

In response to these complaints the Commission drew up a
first draft of a Directive on competition rules for ground
handling services which it then withdrew, substituting a

5 . 6 . 95 t N Official Journal of the European Communities No C 139 / 27

consultation paper on which the national authorities, WRITTEN QUESTION E-2764
Parliament's Committee on Transport and Tourism, and the by Joaquín Sisó Cruellas ( PPE )
Transport and Communications section of the Economic to the Commission
and Social Committee expressed their opinions . The
Commission is now preparing a new draft Directive . ( 21 December 1994 )

WRITTEN QUESTION E-2764 / 94

to the Commission

( 21 December 1994 )

It is true that it is difficult to find a proper balance between
the need for free and fair competition and the risk of
de-stabilizing this sector by admitting outsiders with little
concern or respect for safety and security considerations,
who might practise social and economic dumping .

1 . Can the Commission outline the main thrust of the

Directive it is preparing ?

2 . Can it say how it might be able to reconcile the legitimate
aim of opening up this sector to free competition with
the constant concern not to create conditions of unfair
competition which would harm the existing suppliers
and users of these services alike ?

Answer given by Mr Kinnock

on behalf of the Commission

(6 March 199 S )

1 . On 14 December 1994 the Commission adopted a
proposal for a Council Directive on access to the ground
handling market ('), based on Article 84(2 ) EC Treaty . The
proposal aims to open up the ground handling market to
competition, but does not neglect safety, security, and the
space and capacity available at airports . It also includes
additional measures to ensure that the sector is opened up to
competition in compliance with essential security and safety
requirements and with environmental considerations . In
addition, it allows Member States to subject suppliers of
airport services to the rules necessary for the proper
functioning of those airports .

2 . With regard to fair competition, the ground handling
market will, like any other economic activity, remain subject
to Community competition rules . Moreover, Member
States will still be able, provided they comply with the rules
of the EC Treaty, to introduce any specific measures they
deem necessary to ensure compliance with all the
Regulations and legal provisions governing ground
handling .

/ 1 ) COM(94 ) 590 final .

( 95 / C 139 / 44 )

Subject : Recognition of the qualifications of Union citizens

in the Member States

The question of equivalence of qualifications and
recognition of diplomas has been dealt with in numerous
Directives, the aim being to make the free movement of
labour a reality . Even where no Directive is applicable, the
Member States are obliged to give consideration to diplomas
from other Member States possessed by Union citizens .
Where an equivalence exists, the diploma in question should
be recognized automatically ; where there is a partial
equivalence, the national authorities are entitled to require
the person concerned to prove that he has acquired the
knowledge and skills considered to be lacking .

In the second case, are the criteria required to prove that the
person concerned has in fact acquired the relevant
knowledge determined by the Member State in question or
by the Commission ?

What procedures are laid down for this verification
process ?

Are these sufficient safeguards against discrimination on the
grounds of nationality ?

Answer given by Mr Monti
on behalf of the Commission

(9 February 1995 )

The question refers to the obligations imposed on Member
States by Article 52 of the EC Treaty, as interpreted by the
Court of Justice in Case C-340 / 89 Vlassopolou ('). In that
case the Court ruled that Article 52 requires Member States
to establish a procedure taking into consideration, for the
purpose of access to regulated professional activities,
diplomas acquired elsewhere in the Community .

If the comparison reveals that the knowledge and
qualifications certified by the foreign diploma and those
required by national provisions correspond only partially,
the host Member State is entitled to require the person
concerned to show that he has acquired the knowledge and
qualifications which are lacking . It is for the host Member
State to determine what form tRe proof of acquisition of the
missing knowledge and qualification should take .

This situation may be contrasted with that existing under
the general system for the recognition of diplomas and
professional qualifications and established by Council
Directive 89 / 48 / EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas
awarded on completion of professional education and

No C 139 / 28 FEN Official Journal of the European Communities 5 . 6 . 95

training of at least three years ' duration (-) and Council
Directive 92 / 51 / EEC of 18 June 1992 on a second general
system for the recognition of professional education and
training to supplement Directive 89 / 48 / EEC ( 3 ), where, in
the event of a substantial difference between the migrant's
education and training and that required for access to the
same profession in the host Member State, the migrant
must, in general, be offered the choice between an aptitude
test and an adaptation period, both of which are defined by
the Community Directives .

The Commission is not aware of the procedures applied by
Member States in the case falling under the case law of the
Court since these are usually decided on an ad hoc basis . It
should be emphasized that with the entry into force on

1 8 June 1 994 of Council Directive 92 / 5 1 / EEC, there remain
only a limited number of cases falling outside the scope of
the Directives .

The Vlassopolou decision itself requires that all decisions
taken by the authorities of the host Member States should be
reasoned and capable of being made the subject of judicial
proceedings in which their legality under Community law
can be reviewed . In the Commission's view this requirement
offers a satisfactory protection against discrimination on
grounds of nationality .

(') ( 1991 ) ECR 1-2357 .
(-) OJ No L 19, 24 . 1 . 1989 .

( ? ) O J No L 209, 24 . 7 . 1992 .

WRITTEN QUESTION E-2767 / 94

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

( 21 December 1994 )

( 95 / C 139 / 45 )

Subject : European ecological label

Can the Commission state which groups of products other
than washing machines and dish-washers are to be covered
by the above label in the near future ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(9 February 1995 )

The Commission on 14 November 1994 adopted the
ecological criteria relating to kitchen rolls, toilet paper and
soil improvers (') and, on 28 June 1993, a Decision
establishing the ecological criteria for washing machines
and dish-washers ( 2 ).

Work is well advanced on the ecological criteria relating to
detergents, paints and varnishes, fine paper, insulation
material, light bulbs, textiles, hair sprays and refrigerators .
It is expected that these ecological criteria might be adopted
during 1995 .

Further product groups on which work is being carried out
include footwear, ceramic tiles, shampoos, batteries,
household cleaning agents, growing media, and deodorants .
Member States have made requests to the Commission for a
dozen more product groups to be considered under the
scheme .

(M OJ No L 364, 31 . 12 . 1994 .

( 2 ) OJ No L 198, 7 . 8 . 1993 .

WRITTEN QUESTION E-2779 / 94

by Marie-France Stirbois ( NI )

to the Council

(5 January 199 S )

( 95 / C 139 / 46 )

Subject : Legal implications for debts of conversion to

ECU

A reference to the legal currency is an essential part of many
contracts ( index-linked loans, leases, sales, etc .).

Since conversion to the ECU cannot be regarded as force
majeure, many lawyers agree that, in the case of such
conversions, the original debt should be renewed or
cancelled, so that either the debt would disappear or a new
reference basis would be agreed by both parties .

For each of the Member States, could the Council say

1, how many contracts might be affected ?

2, what might be the cost of these procedures ?

3, what solution it proposes to this problem ?

Answer

( 31 March 1995 )

The question of the conversion of national currencies to the
single currency is discussed inter alia in a Commission
recommendation and in a Commission explanatory note
published in the Official Journal ( l ).

The Council is aware of the requirements stemming from
Article 109(4 ) of the Treaty on European Union, but has to
date received no further documents from the Commission . It

is therefore still not possible at this stage to indicate the

5 . 6 . 95 I EN Official Journal of the European Communities No C 139 / 29

method and procedure which may be selected for the
purposes of such conversion .

(') OI No C 130 and OJ No L 121, 12 . 5 . 1994 respectively .

Implementation of the white paper on the future
development of the common transport policy (*) also
involves the development of a cititzens ' network with
emphasis on the inter-operability of transport, and
improvement in the accessibility of public transport . As the
Commission has told Parliament, it will be publishing a
communication on the citizens ' network concept later this

year .

(') COM(93 ) 433, 26 . 11 . 1993 .

( 2 ) SEQ94 ) 1590, 10 . 10 . 1994 .
WRITTEN QUESTION E-2785 / 94 (•') COM(92 ) 494, 2 . 12 . 1992 .

by Anita Pollack ( PSE )

to the Commission

(9 January 1995 )

( 95 / C 139 / 47 )

Subject : Transport and people with reduced mobility

Parliament has already expressed its concern at the lack of
social measures to accompany the liberalization of transport
services and the threat this poses to employment and
persons with reduced mobility . The Council has already
instructed the Commission to draw up information and
research programmes in this field . What action has the
Commission taken so far in pursuit of this ?

Answer given by Mr Kinnock

on behalf of the Commission

( 28 February 1995 )

The Commission followed up its action programme for
accessible public transport (') with a list of priorities ( 2 ),
drawn up at the request of the Council . Information and
research programmes feature prominently in this list,
together with standards .

The Commission is funding three projects for a transport
information service for people with disabilities, in
preparation for the creation of an international information
service . Disabled people are very much involved in these
pilot projects .

Several research programmes on transport for people with
reduced mobility are already under way or nearing
completion including the COST 322 research on low floor
buses, telematics applications for elderly ( EDDIT ) and
disabled drivers ( Telaid ) and seven transport related
projects under the pilot action of technology for the
socio-economic integration of the disabled and elderly
people ( TIDE ). The fourth framework reserarch
programme incorporates several topics involving transport
for people with reduced mobility, and the new TIDE
workplan includes four topics to enhance personal mobility
and transportation .

WRITTEN QUESTION E-2790 / 94

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(9 January 1995 )

( 95 / C 139 / 48 )

Subject : Protection of the Parthenon sculptures housed in

the British Museum

The director of the British Museum's Press Office admitted

that on 31 October 1994, following heavy rain, water
leaked from the roof into the room where the Parthenon

sculptures are exhibited . This is not an isolated incident ;
there have also been reports of dampness causing
considerable damage in another room with Assyrian reliefs .
Naturally, the Greek authorities are very concerned about
the dangers facing the Parthenon sculptures, and the Greek
Minister for Culture suggested that Greek archaeologists
and conservators from the Acropolis Museum should assist
the British Museum in order to tackle the problem
effectively .

Does the Commission share these concerns, bearing in mind
that the Parthenon sculptures are considered to be a very
important part of the common European heritage ? Will it
investigate the extent of the problem caused by water
leaking into the room where this common cultural treasure
is exhibited ? Does it have any ideas on promoting joint
programmes for the conservation, exhibition and custody of
this treasure, which could be assumed jointly by the
Member State of origin ( Greece ) and the Member State in
which it is housed ( the United Kingdom )?

Answer given by Mr Ore j a
on behalf of the Commission

( 22 February 1995 )

The Commission shares the view of the Honourable

Member that the Parthenon friezes comprise an invaluable
part of the common European cultural heritage .

No C 139 / 30 EN Official Journal of the European Communities 5 . 6 . 95

It is in the framework of a similar consideration that the

Commission has, since 1983, provided support on an
annual basis for the conservation and restoration works

carried out on the monuments of the Acropolis in
Athens .

The Commission does not, however, have in its possession
any official information concerning the incident in
question .

Nevertheless, the Commission would be prepared to
encourage any cooperation initiative submitted jointly by
the relevant authorities .

WRITTEN QUESTION E-2792 / 94

by Magda Aelvoet ( V )

to the Commission

( 11 January 1995 )

( 95 / C 139 / 49 )

Subject : Liability of banks granting loans

The Commission is said to be preparing a Directive that
would make banks liable for damage to the environment if
they granted loans to firms that caused pollution .

What stage has this initiative reached ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 14 February 1995 )

The Commission is not preparing such a Directive . As a
follow-up to the Commission's green paper on remedying
environmental damage ('), and the many comments which
were received as a reaction to this paper, the Commission is
now examining different options for a Community system
on environmental liability . This is in line with the request by
the Parliament ( resolution of 20 April 1994 ), that the
Commission should submit a proposal for a Directive on
dvil liability in respect of ( future ) environmental damage .
The general objective of such a Directive will be to make the
polluter pay for the damage he causes, and, by doing so, to
stimulate potentially liable parties to take measures to
prevent damage . This way, the polluter pays principle and
the preventive principle, both anchored in the Treaty on
European Union, will be implemented .

WRITTEN QUESTION E-2793 / 94

by Nel van Dijk ( V )

to the Commission

( 11 January 1995 )

( 95 / C 139 / 50 )

Subject : Maribel A scheme m Belgium

Is the Commission familiar with the ' Maribel A ' scheme in

Belgium ?

What is the purpose of this scheme ?

Does the Maribel A scheme reduce the social security
contributions of workers in the ' open ' sectors of the
economy ?

What effect does the scheme have on labour costs per
worker, and what is the total reduction ?

If this scheme is available only to firms exposed to
international competition, does it contravene the provisions
of Article 92 of the Treaty on European Union concerning
state aid that distorts competition ?

Does the Commission intend to take action agaist the
Maribel A scheme ?

Has the Netherlands Government, whose attention has been
drawn to the scheme by the Lower House of the Netherlands
Parliament ('), questioned the Commission about the
compatibility of this scheme with Article 92 ?

Has the Commission noted the appeal from the Royal Dutch
Transport organization for the introduction of a similar
scheme in the Netherlands if the Commission fails to ' blow
the whistle ' on the Belgian Government ( 2 )?

Does the Commission agree that, if adopted by other
Member States and applied to the transport of goods by
road, the Maribel A scheme is likely to give this sector an
advantage over other modes of transport and will thwart
efforts to internalize external transport costs ?

(') Written Questions Nos 282 and 386 by Mr Tommel, Member

of the Lower House, Annex to the Proceedings of the Lower
House, 1993—1994 .

( 2 ) See Nieuwsblad Transport, 12 / 14 November 1994 .

Answer given by Mr Flynn
on behalf of the Commission

(3 March 1995 )

(M COM ( 93 ) 47 final .
The national authorities regularly inform the Commission
via the employment observatory of the action they take in
the area of employment policy .

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 31

The Maribel II scheme, which started on 1 January 1994,
seeks to boost employment in Belgium and make the Belgian
economy more competitive . It reduces the social security
contributions to be paid by employers, these reductions
being larger for firms in sectors exposed to international
competition than for firms which are not so exposed .

With regard to transport, the information available to the
Commission indicates that the Maribel II scheme includes

international road haulage but does not cover domestic
transport, road or inland waterway transport or passenger
services .

The guidelines for applications in the framework of the

Community initiative for rural development, Leader II,
make no reference to women, or to ensuring that women
and men benefit equally from operations financed under
Leader II .

What steps will the Commission be taking to ensure that
women and men benefit equally from the transnational and
local projects implemented within the framework of
Leader II ?

In particular, what steps will the Commission be taking to
take into account the principle of equality between men and
women in its negotiations with the Member States
As regards the EC Treaty rules on State-aid, the first Maribel concerning the programmes submitted by the relevant
scheme, introducing a general measure which applied authorities responsible for managing Leader ?
automatically, did not constitute State-aid for the purposes
of Article 92 of the EC Treaty . The Commission has asked
the Belgian authorities for details of the Maribel II scheme,
which provides for greater reductions in employers ' What steps will the Commission take to ensure that the
contribution for firms operating mainly in one of the sectors European network for rural development ( Leader network )
most open to international competition, and is now addresses the specific needs and interests of rural
considering whether the scheme is compatible with the EC women ?
Treaty rules in the light of their reply .

WRITTEN QUESTION E-2798 / 94

by Mair Morgan ( PSE )

to the Commission

( 11 January 1 995 )

( 95 / C 139 / 51 )

Answer given by Mr Fischler
on behalf of the Commission

( 10 February 1995 )

Under the Structural Fund regulations and the provisions
laid down for implementing Community initiatives, all the
decisions relating to the selection of local groups qualifying
under the Leader initiative are to be taken by the national
co-financing authorities, without any direct input from the

Commission .

The Commission will ensure that both the regional
framework programmes submitted and the criteria for

Subject : Women and Leader II selecting beneficiaries will avoid discrimination that would

be contrary to the principle of equal employment
opportunities for men and women and will contribute, as
laid down in the Structural Fund regulations, to achieving
The Third Equal Opportunities Action Programme commits this Community objective .
the European Union institutions to ensuring that the
interests of women, particularly in relation to the labour
market, are taken into account in all policies and
The main task of the European Observatory for Innovation
programmes .
and Rural Development — which is to be responsible for
linking together the beneficiaries of the programme and
others involved in rural development — will be to assess and
The European Parliament's resolution on Leader II promote all the locally based innovative operations
requested inter alia the establishment of a specific budget undertaken by men and women living in rural areas .
line in order to promote projects for women and to reflect
the Community's policy of equal opportunities . It also
expressed the hope that the responsible authorities prioritize
projects incorporating initiatives in support of women .

No C 139 / 32 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION E-2800 / 94

by Gerardo Fernandez - Albor ( PPE )

WRITTEN QUESTION E-2804 / 94

Fernandez  - Albor ( PPE ) by Honorio Novo ( GUE / NGL )

to the Commission to the Commission

( 11 January 1 99 S )

to the Commission

( 11 January 1 99 S )

( 95 / C 139 / 52 ) ( 95 / C 139 / 53 )

Subject : Union support for the development of pilot

schemes for the protection of historic city

centres

Certain cities in the Community, especially those possessing
a historic centre of particular architectural distinction, are
showing interest in a pilot scheme for the removal of all
visible electric cables, telephone and telegraph cables,
aerials, etc .

This pilot scheme is, apparently, to be implemented in
Toledo ( Spain ), with the objective of removing all
disfiguring cables from this unique imperial city of
Castile .

In view of the cost of this scheme ( in the order of Ptas 7
billion ), does the Commission intend to make a significant
contribution to its funding, given that this would make it
possible to apply similar measures in other cities in the
Community — such as Santiago de Compostela, which is
also awaiting the revitalization of its remarkable historic
centre, one of the Unions's finest examples of urban
architecture, via a similar scheme to that planned for
Toledo ?

Answer given by Mr Oreja
on behalf of the Commission

Subject : Environmental impact assessment of the IP 1
motorway between Freixo and Carvalhos

A bridge is under construction at Freixo to link the
Portuguese cities of Porto and Gaia ; at the same time
motorway link roads are also being built ( IP 1 ) to the south,
linking the bridge and the town of Carvalhos . Both of these
projects are co-financed by the European Union .

Community legislation on this type of building project
requires that an environmental impact assessment be carried
out, with a period allowed for public consultation before it
is adopted . The results of the relevant assessment only
became available in mid-1994, although the construction of
that stretch of the motorway already started over a year

ago .

Does the Commission consider such an environmental

impact study to be acceptable, since it contravenes
Community law as it was only made public after the
construction of the new stretch of the IP 1 between Freixo
and Carvalhos started and without any kind of public
debate ?

If the formal and legal voidness of this study is confirmed,
what measures does the Commission intend to take to

ensure that the Portuguese Government remedies the
damage to the population and the environment caused by
the failure to carry out a proper environmental impact
study ?

(1 6 February 1995 ) Answer given by Mrs Bjerregaard

on behalf of the Commission

(1 March 1995 )

Within the framework of its action in the field of
architectural heritage conservation, the Commission
supports conservation and restoration projects which meet
the requirements of its scheme ' support for pilot projects to
preserve the European architectural heritage ', which, every
year, focuses its attention on a different theme .

The theme for 1995 is conservation of religious
monuments ('). The Commission, therefore, regrets to
inform the Honourable Member that in view of the rules of

this programme, the proposal in question cannot be
considered within the framework of this action for 1995 .

(<) OJ No C 283, 11 . 10 . \ 994 .

The Commission is not aware of any irregularities in the
environmental impact assessment carried out in respect of
the IP1 motorway between Freixo and Carvalhos .

Since, according to the Honourable Member's information,
the public consultation was held one year after work on the
project began, the Commission has approached the
Portuguese authorities for details of the matter .

This would indeed constitute an infringement of Directive

85 / 337 / EEC (') which requires that the public's opinion be
heard before a project can go ahead .

C ) O ) No L 175, 5 . 7 . 1985 .

5 . 6 . 95 I EN Official Journal of the European Communities No C 1.39 / 33

WRITTEN QUESTION E-2808 / 94 ( in ECU million )

by Ulrich Stockmann ( PSE )

to the Commission

( 11 January 1 995 )

( 95 / C 139 / 54 )

Subject : Funding of transport infrastructure measures in

Sachsen-Anhalt

On 3 July 1993 Council Regulation ( EEC ) No 1738 / 93 (')
of 25 June 1993 for an action programme in the field of
transport infrastructure with a view to the completion of an
integrated transport market entered into force .

Will the Commission say :

1 . What funds the federal Land of Sachsen-Anhalt received

in 1993 and 1994 from this action programme ?

2 . What financial support the federal Land of Sachsen ­
Anhalt receivedfrom the Regional Fund for transport
infrastructure measures in 1993 and 1994 ?

3 . What ERDF resources — if any — are earmarked for the

future funding of selected trans-European network
projects in the new federal Lander under the
Commission proposal ?

- Year Projects Support

1993 Dutch horder Emmerich — Oberhausen —

Köln link : upgrading to high speed 20

1993 Study for the German section of the
Twente-Mittelland canal 0,1

1994 Feasibility study for the Kassel Rail / Road
terminal 0,025

1994 Grossbeeren Rail / Road terminal 5

1994 Leipzig — Halle Rail / Road terminal 7,665

1994 Magdeburg Rothensee Rail / Road
terminal 2,75

1994 Basel ( Weil am Rhein ) Rail / Road
terminal 8

1994 Kornwestheim Rail / Road terminal 1

1994 Weil am Rhein Rail logistic service

center 1

1994 MEGA Compound Center — Port
Neuss 1,25

Neither the Community support framework for the period

1991 to 1993, nor the Community support framework

1 994 — 1999 ( both agreed between the Commission and the
German authorities ) provide for measures financed by
ERDF in the field of basic infrastructure, including
transport infrastructure . Consequently the ERDF did not
co-finance transport infrastructure in the years 1 993 — 1 994
except for some minor access roads to industrial sites .

Provision has not been made in the Community support
framework 1994 — 1999 for ERDF co-finance for

(') OJ No L 161, 2 . 7 . 1993, p . 4 . trans-European networks ( TEN's ).

Answer given by Mr Kinnock

on behalf of the Commission

( 22 February 1995 )

WRITTEN QUESTION E-2809 / 94

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 11 January 1995 )

In the framework of the transport infrastructure action ( 95 / C 139 / 55 )
programme ( budget line B5-700 ), all the requests for
Community financial support for projects of common
interest and the subsequent Commission Decisions refer to
the Member States concerned and not to specific regions . In Subject : Disposal of sludge
this respect, the Sachsen-Anhalt Land has not received direct
funds .

Subject : Disposal of sludge containing lead

However, the following transport infrastructure projects in
Germany have received financial support in the period

1993 / 94 ( budget line B5-700 ) based on Council Regulation

( EEC ) No 1738 / 93 of 25 June 1993 for an action
programme in the field of transport infrastructure with a
view to the completion of an integrated transport
market .

There are many industrial plants and cottage industries in
Greece which produce hazardous waste but lack the
infrastructures necessary for storing or neutralizing it .
Owing to the accumulation of such waste and the fact that it
is often disposed of in a markshift or undesirable manner,
Greece is already facing serious problems . Recent
allegations have drawn attention to the problem of oil
refineries which produce vast amounts of sludge containing
lead which is extremely hazardous for public health and the

environment .

No C 139 / 34 EN Official Journal of the European Communities 5 . 6 . 95

Given that : WRITTEN QUESTION P-2811 / 94

1 . The sludge containing lead is currently stored in
installations belonging to the enterprises concerned,
without there being any guarantees regarding the safety
of this type of disposal either now or in the future ;
and

2 . There is no central infrastructure for disposing of and

managing this waste ;

will the Commission say what measures it intends to take to
ensure that Greece really implements the Directive on the
disposal of hazardous waste and what funds it intends to
allocate in the immediate future for the centralized and safe

disposal of the slugde in question ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(1 March 1995 )

Directive 78 / 319 / EEC ( ) requires the Member States to
draw up programmes for the disposal of hazardous waste .
The programmes in question must identify appropriate
disposal sites . They have to be published, notified to the
Commission, and updated .

This obligation applies to Greece since it joined the
Community . So far, the Commission has still not received
any programme from the Greek authorities in accordance
with Article 12 of Directive 78 / 319 / EEC .

It should be stressed that the Cohesion Fund set up under
Article 130d of the EC Treaty enables Greece to obtain
considerable support to fund environmental projects .
Consequently, financial support could be granted for a
network of hazardous waste treatment plants if the Greek
authorities were to submit an application .

With effect from 27 June 1995, Directive 78 / 319 / EEC will

be replaced by Directive 91 / 689 / EEC ( 2 ), Article 6 of the
new Directive also requires a hazardous waste management
programme to be drawn up .

The Commission is preparing a questionnaire on the
application of the Directive in accordance with Article 8(1 )
of Directive 91 / 689 / EEC, as amended by Directive
94 / 3 1 / EC ( 3 ) on hazardous waste . The Member States will
be requested to supply the Commission with a report on the
implementation of the Directive based on this
questionnaire .

In addition, Article 8(3 ) calls upon the Member States to
provide the Commission with specific information
concerning establishments or undertakings which dispose of
or recover hazardous waste .

by James Nicholson ( PPE )

to the Commission

( 22 December 1994 )

95 / C 139 / 56 )

Subject : White Paper on Growth, Competitiveness and

Employment

The unacceptably high level of unemployment throughout
the European Union has been acknowledged by the
Commission as a problem that requires immediate
attention . The Commission White Paper on Growth,
Competitiveness and Employment sets out a strategy to
combat this problem, this strategy has subsequently been
endorsed at the recent Essen European Council meeting in
Germany . In the light of these events will the new
Commission undertake to wholeheartedly seek the
implementation of this White Paper which aims to halve the
current rate of unemployment by the year 2000 ?

Answer given by Mr Flynn
on behalf of the Commission

( 17 March 1 99 5 )

The Commission identified the need to create 15 million

jobs, aiming to halve the unemployment rate, in order to
emphasise the scale and gravity of the problem, and the
nature of change and choices necessary to address it
effectively . The Commission will wholeheartedly seek to
achieve this target, and will, with the Council, be in a much
stronger position to do so following the European Council
at Essen . This is because the heads of State and Government

not only reinforced the priorities of the white paper, but
started a process to bring closer together the operations of
social affairs and Ecofin Councils, identifiying ways to
measure progress in undertaking change and generating
jobs . It is undoubtedly true that, in the fight against
unemployment, the white paper on growth, competitiveness
and employment ( J ), which was endorsed at the European
Council of Brussels, represented a breakthrough in terms of
presenting new policy ideas . The Essen European Council,
however, represented an equally significant breakthrough
by agreeing to a co-operative framework procedure across
the Community, for monitoring and reporting on Member
State progress in pursuit of higher levels of employment,
through the implementation of those policy ideas .

The Commission has recently adopted a communication
addressed to the Parliament and Council ( 2 ) on how it
intends to give concrete effect to the Essen conclusions .

(!) OJ No L 84, 31 . 3 . 1978 . (') COM(93 ) 700

( 2 ) OJ No L 377, 31 . 12 . 1991 . ( 2 ) COM(95 ) 74 .

(') COM(93 ) 700 final .

( 2 ) OJ No L 377, 31 . 12 . 1991 .

( ? ) OJ No L 168, 2 . 7 . 1994 .

5 . 6 . 95 1 EN Official Journal of the European Communities No C 139 / 35

WRITTEN QUESTION E-2814 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 11 January 1995 )

( 95 / C 139 / 57 )

Subject : Water and renewable energy in scientific and

technical cooperation projects under the Avicenne

programme

Can the Commission provide information on projects
relating to water resources and renewable energy sources
under the Avicenne programme, showing what proportion
of total scientific and technical cooperation with
Mediterranean third countries is accounted for by these two
areas, the countries and centres involved in each area and the
amount of funds allocated to the projects ?

Answer given by Mrs Cresson

on behalf of the Commission

( 17 February 1995 )

Fifteen research projects were selected in 1994 to receive
funding from the 1994 Avicenne initiative : five on the
treatment and reuse of waste water, three on renewable
energies and five on renewable energies and the treatment of

waste water .

The project participants are established in all the
Mediterranean third countries eligible under Avicenne and
in most of the Member States . A full list is being sent directly
to the Honourable Member and to Parliament's

Secretariat .

WRITTEN QUESTION E-2821 / 94

by Giovanni Burtone ( PPE )

to the Commission

( 11 January 1995 )

( 95 / C 139 / 58 )

Subject : Work and pay of doctors in post-graduate
specialist training

The manner in which Directive 93 / 16 / EEC ( amending
Directive 82 / 76 / EEC ( 2 ) amending in turn Directives
75 / 362 / EEC ( 3 ) and 75 / 363 / EEC ( 4 ) on, among other
things, the profession and training of specialist doctors ) is
being implemented in Italy by Decree Law 257 / 91 gives rise
to a number of doubts . Whilst Article 5 ( 1 ) of the Decree Law
prohibits, throughout the period of full-time training, any
work outside the organization providing the specialist
training, and any relationship of even a contractual or

temporary nature with the National Health Service,
Article 25 ( 2 ) of Directive 93 / 1 6 / EEC expressly provides that
the practice of private, remunerated professional activity is
compatible with specialist training .

Moreover, Annex I, point 2 of the Directive clearly states
that the full-time and part-time training of specialists must
be appropriately remunerated . Decree Law 257 / 91 actually
only states that trainee specialist doctors are to be paid a
study grant, which is much less than the salary of similarly
qualified doctors in the NHS . Nor may they receive any
social security ( e.g . sickness, maternity, post-natal etc .)
benefits .

Bearing the above in mind, can the Commission say :

1, whether it agrees that the abovementioned provisions of

Decree Law 257 / 91 contravene the relevant Community
provisions ?

2, whether it agrees that private work can be a legitimate

way of supplementing the study grant, making
remuneration adequate ?

3, what steps it will take to ensure that Italy correctly

applies Community law in the case in question ?

(') OJ No L 165, 7 . 7 . 1993, p . 1 .

( 2 ) OJ No L 43, 15 . 2 . 1982, p . 21 .
(') OJ No L 167, 30 . 6 . 1975, p . 1 .

( 4 ) OJ No L 167, 30 . 6 . 1975, p . 14 .

Answer given by Mr Monti
on behalf of the Commission

( 14 February 1995 )

Article 1 ( 1 ) of Italian Decree Law 257 / 91 expressly lays
down that the specialist training in question is full-time

' '
training . Consequently, Article 25(2 ) of the doctors
Directive, which covers part-time training only, cannot be
relied upon in this connection .

Full-time training must comply with the requirements laid
down in Article 24(2 ) and meet the characteristics set out in
Annex I to the Directive . According to these requirements,
' the trainee specialist devotes to this practical and
theoretical training all his professional activity throughout
the duration of the standard working week and throughout
the year according to provisions agreed by the competent
authorities '. The Council thus deliberately made it clear that
a private professional activity was incompatible with
full-time specialist training .

For 1991, the year in which Decree Law 257 / 91 took effect,
the amount of the study grant was Lit 21 500 000, which
was deemed by the Commission to comply with the
requirement of ' appropriate remuneration ' laid down by the

No C 139 / 36 EN Official Journal of the European Communities 5 . 6 . 95

' doctors ' Directive . Accordingly, the Commission considers WRITTEN QUESTION
that questions 1 and 2 must be answered in the negative and by Amedeo Amadeo (
that question 3 does not call for an answer . to the Commission

WRITTEN QUESTION E-2825 / 94

by Amedeo Amadeo ( NI )

(1 1 January 1 995 )

( 95 / C 139 / 60 )

Subject : European airport system
WRITTEN QUESTION E-2824 / 94

by Amedeo Amadeo ( NI )

to the Commission

( 11 january 1 995 )

( 95 / C 139 / 59 )

Subject : Increase in Italy's own-resources contribution for

1994 / 95

Following the Edinburgh summit in December 1992, it was
estimated that the total increase in Italy's own-resource
contribution would be ECU 1 617 000 .

However, according to another estimate made recently by
the Commission, Italy's contribution would be reduced
from the amount envisaged to ECU 1 1 92 000 .

Bearing in mind that the reduction should take account of
the predicted price levels, the GNP and VAT revenue
forecast for 1995 and that the amount of the planned cut is
somewhat puzzling, will the Commission set out in detail
the precise calculations which led to the large reduction in
the contribution originally envisaged for Italy .

Answer given by Mr Liikanen

on behalf of the Commission

( 23 February 1995 )

Following the Edinburgh Council in December 1992 the
Commission estimated the effects on own resource

payments on the basis of expenditure and of the available
forecasts of VAT and GNP bases at 1992 prices and
exchange rates .

More recent estimates were run using 1995 prices and
exchange ra'tes, leading also to higher expenditure
figures .

Italy's share in total VAT fell by 0,5% compared with the
earlier figure, whereas its GNP share fell by 1 % . As a
consequence, and notwithstanding the increase in
expenditure, the estimated additional payments for Italy by
the changes in the own resources system over the period

1995 — 1999 were lower than initially estimated .

Financial, technical and administrative obstacles are
hampering completion of the 11 trans-European network
projects accorded priority status at Corfu .

What progress has been made in carrying out project No 10,
Malpensa airport ( Milan, Italy )?

Answer given by Mr Kinnock

on behalf of the Commission

(1 March 1995 )

In the context of the work of the Christophersen Group, two
workshops were organized on the Malpensa airport project
in 1994 . These have contributed to overcoming a number of
long-standing problems .

The Essen European Council of December 1994 confirmed
the priority status of the Malpensa airport project .

According to the information in the Commission's
possession the project, including the connections between
the airport and the road and rail networks, is progressing as
scheduled . In December 1994 the European Investment
Bank granted a loan as part of the financial set up of the
Malpensa project . Moreover, the Community is
co-financing, in the context of Council Regulation ( EEC )
No 1738 / 93 ('), out of its 1994 budget three feasibility
studies on the inter-connection between the airport and the
railway network .

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

WRITTEN QUESTION E-2828 / 94

by Cristiana Muscardini ( NI )

to the Commission

( 11 January 1995 )

( 95 / C 139 / 61 )

Subject : Development of major railway lines

The Essen European Council noted that the priority in the
transport sector were either already under way or soon
would be .

5 . 6 . 95 I EN Official Journal of the European Communities No C 139 / 37

As the Commission is aware, the major railway lines
running north-south between Genoa and Milan and
east-west between Genoa and Nice are developing and
adapting — following the change-over to high-speed — the
network of ports in Liguria, which has already been
classified as ' growing ' by the Commission's DG responsible

for regional policies .

Why, ever since the Corfu European summit, have these two
projects been excluded from the list of priority projects in
the field of transport ?

Answer given by Mr Kinnock

on behalf of the Commission

the Honourable Member, however, was amongst those put
forward by the Italian authorities . They have consequently
not been in the list of transport priority projects either
before or since the Corfu Summit . Only the Italian
authorities can provide reasons for their decision not to
submit the Milan-Genoa-Nice project for consideration .

(M COiM(94 ) 106 final .

WRITTEN QUESTION E-2835 / 94

by Jaak Vandemeulebroucke ( ARE )

( 28 February 1995 ) to the Commission

( 11 January 1995 )

The Brussels European Council invited the Christophersen
group, as group of personal representatives of the heads of
State and Government, to coordinate and stimulate
Member States ' actions in the implementation of projects of
common interest . With the overall aim of accelerating the
completion of the trans-European networks, the group was
asked to identify priority projects ( on the basis of 26
transport and a number of telecommunications and energy
projects included in the white paper on growth,
competitiveness and employment ). According to its
mandate, the group thus selected large-scale infrastructure
projects, many of cross-border nature, which demonstrated
the prospect of rapid implementation and for which
public-private partnerships could be envisaged . All of these
projects are included in the Commission's proposal for a
Parliament and Council Decision on Community guidelines
for the development of the trans-European transport
network (').

The objective was to examine these projects in such a way
that general conclusions could be drawn with respect to the
accelerated implementation of any other TEN project .
Therefore, the Christophersen group paid particular
attention to the establishment of selection criteria for

priority projects and took these criteria into consideration
when evaluating any project proposal . It referred in
particular to the above aspects ( project size, scope for
private sector participation and state of maturity ), as well as
to economic viability, and possible contribution to the
competitiveness and to social and economic cohesion . Care
was also taken to keep a certain balance, both in modal and
in regional terms, as the priority projects were considered to
be of ' pilot character '.

At the end of its working period, in December 1994, the
group presented a list of 35 transport projects concerning
the Community territory and seven projects ensuring
connections between the Community and third countries .
Of the 35 projects, Italy is involved in nine . Furthermore, it
is concerned with one project linking the Community with
central and eastern Europe .

All projects included in the list have been formally proposed
by the Christophersen group . Neither project referred to by

( 95 / C 139 / 62 )

Subject : Supplementary character of ESF funding

Point 8.21(a ) of the Annual Report of the Court of Auditors
concerning the financial year 1993 (') states that

' in some countries much of the ESF aid is in effect a
repayment of expenditure already incurred by national
administrations on programmes whose planning and
execution is little affected by the ESF '.

This observation by the Court of Auditors immediately calls
into question the whole system of ' supplementary ' aid from
the ESF .

Will the Commission give serious thought to this
observation, which in many cases is accurate, and, if so, does
it already have some idea what measures would be
appropriate to guarantee the supplementary character of the
funding ?

(M OJ No C 327, 24 . 11 . 1994, p . 143 .

Answer given by Mr Flynn
on behalf of the Commission

( 17 February 1995 )

The additional nature of European social fund ( ESF )
support is expressed by the additionality principle ( Article 9
— Regulation 2082 / 93 (')). This means that, in the
programmes for the 1994 — 1999 period, the monitoring
committees are to be informed about the additional use of
ESF funds through periodic reports .

The fact that in some Member States ESF financing serves to
co-finance regional or national schemes does not necessarily
lead to non-respect of the additionality principle . For the
period 1990 — 1993, an exercise on the respect of the

No C 139 / 38 EN Official Journal of the European Communities 5 . 6 . 95

additionality principle has been undertaken . For the
1994 — 1999 period, the principle of additionality, and the
method to verify it, are included in the programming
documents .

(!) OJ No L 193, 31 . 7 . 1993 .

WRITTEN QUESTION E-2838 / 94

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 11 January 1995 )

( 95 / C 139 / 63 )

Subject : Euroqualification

Can the Commission provide an overview of the operation
of the ' Euroqualification ' programme since its inception ?

What has happened in the case of Belgium, and what
organizations are responsible for the programme ?

Answer given by Mr Flynn
on behalf of the Commission

(8 March 1 995 )

The Euroqualification programme is co-financed by the
Member States and by the European Social Fund ( ESF )
under ' innovatory measures '. It is a joint programme
involving the main national organizations responsible for
vocational training, and is aimed at job seekers ( young
people or long-term unemployed — Objectives 3 and 4 of
the ESF ).

Today, 10 Member States are active partners and two are
observers ( Germany and Denmark ). Forem ( French
community of Belgium ) applied for assistance from the
Commission on behalf of and at the request of all the

partners .

Euroqualification — the intermediary non-profit-making
organization set up for this purpose — has received funding
from the Commission in the form of a global grant . This sum
is divided up by organization, year and type of activity

( trans-national technical assistance, national technical
assistance, training ). The breakdown of costs by Member
State and by year sent to the ESF authorities in the Member
States is based on the various budgets ( e.g . co-financing by
the Flemish community for VDAB ) specified in the
Euroqualification contract specifications .

WRITTEN QUESTION E-2842 / 94

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 11 January 1995 )

( 95 / C 139 / 64 )

Subject : Commission checks on ESF funds

It is reiterated time and time again that the Commission
carries out only limited checks on the use made of ESF
funding . According to the Annual Report of the Court of
Auditors concerning the financial year 1993, there is again
evidence of this inter alia in the case of the new German

Lander .

Does the Commission have any idea what resources ( staff,
etc .) would be required in order for such checks to be
genuinely effective throughout the Union ?

The programme provides for training to prepare
beneficiaries to work in partnerships of undertakings, or for
job mobility, two forms of employment which involve
special conditions . Answer given by Mr Flynn
on behalf of the Commission

It permits : (8 March 1 995 )

— the establishment of a partnership between
national-scale organizations to develop joint pilot
schemes and create the conditions for broad-based,
efficient and long-term cooperation in the field of
vocational training ;

— management of the global grant awarded by the
Commission for technical preparation, the
establishment of a joint technical assistance structure
and implementation of training measures .

The initiative was first taken by Forem ( French-speaking
Belgium ), AFPA ( France ) and Enaip ( Italy ). The partnership
was extended to the 12 Member States and 13 organizations

( two in Belgium : VDAB and Forem ).

The Commission carried out 94 control visits in 1994 . The

results will be incorporated in the annual European social
fund ( ESF ) report for 1 994 . The Commission is not however
alone in taking responsibility for control in the framework
of the partnership arrangements . The Member States, in
particular, also have responsibility in this regard .
Agreements are being concluded between the Commission
and the Member States to foster this idea and the

cooperation with the Commission .

Also seminars on financial management and control of the
Structural Funds are being organized by the Commission in
the Member States to increase Member States '

awareness .

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 39

The general impression in that since 1990, through stronger
involvement of national and regional ESF responsible
authorities, an improvement has occurred in the monitoring
and control of ESF spending .

This should be still reinforced through implementation of
Commission Regulation ( EC ) No 1681 / 94 concerning
irregularities and the recovery of sums wrongly paid in
connection with the financing of the structural policies and
the organization of an information system in this field .

The correct use of ESF funds is not only a matter of
employing more controllers, but particularly of
administrative management procedures and permanent
guidance and monitoring of the execution by the authorities
involved and closer collaboration between them .

Nevertheless, the human resources available to carry out
controls could usefully be strengthened in order to assure
satisfactory management by the national authorities
including proper control and evaluation .

Each year, the Commission draws up a control programme
which seeks a balance between priorities and resources . In
drawing up this annual programme account is taken of the
volume of funds involved and information concerning the
degree of reliability of national systems . Adequate cover is
obtained on a pluriannual basis .

WRITTEN QUESTION E-2845 / 94

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 11 January 1 995 )

( 95 / C 139 / 65 )

Brussels to the French, German and Dutch borders, features
in the list of 14 priority projects adopted by the European
Council in Essen in December 1994 .

This project has already received funding from the budget
line for trans-European networks, and it is expected that this
will continue to be the case .

WRITTEN QUESTION E-2851 / 94

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 11 January 1 995 )

( 95 / C 139 / 66 )

Subject : Use of languages by the Commission

A leaflet published in English by DG V concerning the Eures
project quotes the address of the venue for the European
Employment Week Exhibition in Brussels only in French

( Palais des Congrès ).

The Commission's address is similarly given only in French

( Rue de la Loi ).

As the Commission will be aware by now, I totally disagree
with this approach, which disregards the unambiguously
bilingual character of Brussels .

With effect from what date will the Commission alter this

one-sided policy ?

Answer given by Mr Flynn
on behalf of the Commission

Subject : Belgian HST project and European funding (3 March 1995 )

The Belgian HST project does not appear on the list of
trans-European transport projects which are to be carried
out as a matter of priority .

Does this mean that the Commission has made up its mind
that no European aid can be provided for this project ? Or
are consultations on the matter continuing ?

Answer given by Mr Kinnock

on behalf of the Commission

( 10 March 1995 )

The high speed rail project linking Paris, Brussels, Kôln,
Amsterdam and London, which includes the lines from

The rules for presentation of the Commission's Brussels
address on headed paper, which were referred to in the
answer to Question 2076 / 94 ( J ), were subsequently
extended to publications and printed matter .

The Eures brochure referred to by the Honourable Member
was produced by a private agency and distributed for the
launch of the system on 1 7 November 1 994 . The contractor
had not yet received these instructions at the time when this
item was produced .

The Commission will ensure that the pertinent rules are
complied with .

(>) OJ No C 30, 6 . 2 . 1995, p . 56 .

No C 139 / 40 EN Official Journal of the European Communities 5 . 6 . 95

QUESTION P-2852 / 94 will the Council take in this connection ? Would it not be

Ferrer ( PPE ) advisable to invite Austria as soon as possible to accede to

to the Council the Schengen Agreement and to encourage such a step ?

WRITTEN QUESTION P-2852 / 94

by Concepció Ferrer ( PPE )

( 21 December 199 4 )

( 95 / C 139 / 67 )
Answer

( 31 March 199 S )
Subject : Need for action to help the mentally deficient

Since the mentally deficient belong to the most
disadvantaged groups in the European Union ; since, in
many cases, no satisfactory legislation exists to cover such
persons ; and whereas on 16 September 1992 Parliament
adopted a resolution, known as the Schmidbauer resolution,
on the rights of this group, is the Council planning to make a
recommendation to the Member States setting out the
measures and action needed to implement that
resolution ?

1 . Since 1 January 1995, the provisions of the Treaties
for freedom of movement for persons in the European
Union apply to the 15 Members of the European Union
including the Republic of Austria . Under EC Treaty rules, it
falls to the Commission to monitor the correct application
of the provisions of that Treaty .

2 . The Schengen Agreements come within

needed to implement that

inter-governmental cooperation which is independent of the
European Union . In these circumstances, the Council is
unable to take steps to encourage Austria to accede to those
Agreements . However, the Council understands that
Austria already has observer status to the Schengen
Answer Agreement and should accede to them this vear .

( 31 March 1995 )

The Council is aware of the very difficult situation of the
mentally deficient and in that connection would refer to its
Decision of 25 February 1993 establishing a third
Community action programme to assist disabled people
( Helios II 1993 to 1996 ) (').

It is for the Commission to decide, in keeping with the
subsidiarity principle, whether a proposal for a
recommendation should be sent to the Council .

WRITTEN QUESTION E-2859 / 94

by Winifred Ewing ( ARE )

to the Commission

( 16 January 1995 )

( 95 / C 139 / 69 )

Subject : Contents of animal feeds
(') OJ No L 56, 9 . 3 . 1993, p . 30 .

Will the Commission make a statement on the use of animal

feeds and the labelling ingredients therein to ensure that
farmers in the EU know what they are feeding to their
animals, and will the Commission look into supplies of
animal feed dealers in the EU, list the names of the
WRITTEN QUESTION P-2853 / 94 companies and the States to which the animal feed was

by Michl Ebner ( PPE ) exported ?

to the Council

( 21 December 1994 )

( 95 / C 139 / 68 ) Answer given by Mr Fischler
on behalf of the Commission

( 17 February 1995 )
Subject : Freedom of movement — Schengen Agreement

As of 1 January 1 995 the Federal Republic of Austria will be
a Member State of the European Union . What will the
Council do to ensure freedom of movement for persons
between the new member Austria and the other EU Member
States, pursuant to Article 3(c ) of the EC Treaty, as amended
by Article G(3 ) of the Treaty on European Union ?

It would seem appropriate, at the same time, to invite
Austria to join the Schengen Agreement . What action, then,

The Community has always attached great importance to
the efficiency and the safety of the use of animal
feedingstuffs . Indeed, for this reason, the use and the
marketing of straight or compound feedingstuffs are
covered by Directives 77 / 101 / EEC (') amended by Directive

90 / 654 / EEC ( 2 ) and 79 / 373 / EEC ( ? ) amended by Directive
93 / 74 / EEC ( 4 ) which deal, as do Directives 91 / 357 / EEC ( 5 )
amended by EEA Agreement ( 6 ) and 82 / 475 / EEC ( 7 )
amended by Directive 91 / 334 / EEC ( s ) with the labelling of
ingredients in a quite detailed way .

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 41

In addition, Directive 92 / 87 / EEC establishes a
non-exclusive list of the main ingredients normally used and
marketed for the preparation of compound feedingstuffs for
animals other than pets 0, while Decision 91 / 516 / EEC
establishes a list of ingredients the use of which is prohibited
in compound feedingstuffs ( 10 ) amended by Decision
92 / 508 / EEC (").

Furthermore the Commission has submitted a new proposal
to the Council which draws up the rules of labelling and an
inventory of the principal ingredients used whether as
straight feedingstuffs by the breeders or as raw material by
the manufacturers of compound feedingstuffs ( l2 ).

(') O J No L 32, 3 . 2 . 1977 .

( 2 ) O J No L 353, 17 . 12 . 1990 .

-') OJ No L 86, 6 . 4 . 1979 .
4 ) OJ No L 237, 22 . 9 . 1993 .

') O J No L 193, 17 . 7 . 1991 .

6 ) O J No L 1, 3 . 1 . 1994 .

7 ) OJ No L 213, 21 . 7 . 1982 .

H ) OJ No L 184, 10 . 7 . 1991 .

The Commission has no guidelines on the minimum
distance from coastlines for vessels carrying hazardous
chemicals .

However, following the conclusions of the joint
Environment / Transport Council of 25 January 1993,
Member States are in the process of identifying, on the basis
of the criteria provided by the Commission, a list of
maritime environmentally sensitive areas to be protected
from the risks of maritime traffic . Further possible measures
to be taken could include the establishment of a minimum

navigational distance from the coast around particularly
sensitive areas .

WRITTEN QUESTION E-2861 / 94

by Winifred Ewing ( ARE )

to the Commission

9 ) O J No L 319, 4 . 1 1 . 1992 .

( 10 ) O ) No L 281, 9 . 10 . 1991 . ( 16 January 1995 )
(") OJ No L 312, 29 . 10 . 1992 . ( 95 / C 139 / 71 )
( l2 ) COM ( 94 ) 313 final, OJ No C 236, 24 . 8 . 1994 .

Subject : Follow-up to the Year of the Disabled

Will the Commission make a statement on the follow-up to
the Year of the Disabled ? Could it provide a progress report
WRITTEN QUESTION E-2860 / 94 for each of the Member States ?

by Winifred Ewing ( ARE )

to the Commission

( 16 January 1 995 ) Answer given by Mr Flynn
( 95 / C 139 / 70 ) on behalf of the Commission

(3 March 1995 )

Subject : Vessels carrying dangerous chemicals

Does the Commission have any guidelines on the minimum
allowable distance from coastlines that a cargo vessel
carrying hazardous chemicals must comply with and if no
such guidelines exist at present will the Commission put
forward proposals to introduce them ?

Answer given by Mr Kinnock

on behalf of the Commission

( 21 February 1995 )

For safety reasons, ships have to sail within traffic
separation schemes or routeing systems where they are
applicable under international rules . In waters under the
jurisdiction of a coastal State, ships have to sail taking into
account the regulations established by the appropriate
authority . In other areas, sea-going vessels have to sail
keeping a safe distance from the coast as good seamanship
requires, taking into account all local circumstances and
international regulations .

The international year of disabled people 1981 resulted in
the first Community action programme in favour of
disabled people, and subsequently Helios, and Helios 11
which will run until the end of 1996 . The aim of these

programmes has been to promote integration and equal
opportunities for disabled people .

Notable recent achievements include the setting up of the
European disability forum as one of the advisory bodies for
Helios II . This provides a representative consultation
structure covering the whole spectrum of disability . The
Commission also supports the European day of disabled
people on an annual basis, following the decision by the
United Nations to designate 3 December each year as the
international day of disabled people . This is an important
awareness-raising initiative which affects the European
disability movement, the general public and policy makers
at all levels .

Whithin the Helios Programme, exchange and information
activities involving almost 700 partners throughout the
Community, together with 250 conferences and seminars
organized by non-governmental organizations with a

No C 139 / 42 EN Official Journal of the European Communities 5 . 6 . 95

European dimension each year, will culminate in Helios
guides to good practice in the area of functional
rehabilitation, education, training and employment, and
independent living .

The white paper on social policy adopted on 27 July

1994 ( ! ) demonstrates the Commission's commitment to
equal opportunities for disabled people . There is a reference
to prepraring a code of good practice within the
Commission with regard to employing disabled people, and
an appropriate instrument to endorse the UN standard rules
on the equalization of opportunities for people with
disabilities . The white paper also states that during the next
revision of the Treaties consideration should be given to the
introduction of a specific reference to combating
discrimination on various grounds including that of
disability .

These developments are paralleled by positive actions at
national level, which are facilitated by the European social
fund which provides support for training programmes,
Community initiatives like Horizon which promotes the
integration of disabled people into the open labour market,
and the TIDE programme which encourages technological
innovations to benefit disabled people and elderly
people .

A comprehensive overview of the situation since 1981 in
each of the Member States can be obtained through
appropriate national services .

may help local authorities to manage the waste produced on
their respective islands .

The overall results of the studies will be made available

around October 1995 . A manual for waste management on
islands is among the expected results of the programme . At
that time a decision will be taken regarding a possible
follow-up to the programme .

In the framework of the financial instrument for the

environment ( LIFE ) the Commission has also financed a
number of demonstration schemes on solid waste

management in the islands, in particular the islands of
Greece and Italy .

With regard to peripheral and remote regions, the
Commission, acting through the Poseidom, Poseican and
Poseima Programmes, has granted financial support for
characterization and feasibility studies on the application of
waste management legislation and for feasibility studies on
the selective collection and processing of solid waste

( composting, re-cycling ). The regions covered by these
studies are the French overseas departments, the Canary
Islands and the Azores .

(') COM(94 ) 333 final . WRITTEN QUESTION E-2866 / 94

by Winifred E wing ( ARE )

to the Commission

( 16 January 1995 )

( 95 / C 139 / 73 )
WRITTEN QUESTION E-2865 / 94

by Winifred Ewing ( ARE )

to the Commission

( 16 January 1995 )

Subject : Study on effects of summertime

Given that a common date for the end of summertime in

( 95 / C 139 / 72 )

1 996 and 1997 has been adopted, has the Commission now
started to carry out its promised study into the economic
Subject : EU aid for waste re-cycling and other effects of regulating summertime and will it
provide full details of the scope and depth of this study ?

Will the Commission please provide details of the incentives
and financial aid, if any, it offers to assist local groups in
peripheral and remote areas who are engaged in waste
re-cycling ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

Answer given by Mr Kinnock

on behalf of the Commission

(1 March 1995 )

(6 March 1995 ) In line with the undertaking given to Parliament and the
Council at the time of adoption of the seventh Directive on
summertime arrangements, the Commission has indeed

Recognizing that waste management generally poses greater ordered a study on implementation of the summertime
problems on islands than on the mainland, in January 1994 arrangements . The objective is to gain a fuller picture, not
the Commission launched a programme entitled ' Codes of only of the impact of summertime as such, but also of the
practice for waste management on islands '. The programme economic and non-economic repercussions of switching
took the form of a series of studies coordinated by the from summertime to wintertime and vice versa, particularly
Commission and aimed at defining practical tools which on energy consumption, public health, working conditions,

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 43

ways of life, agriculture, environmental protection, road
safety, the tourist industry and leisure activities . The results
should be available in the second half of 1995 .

WRITTEN QUESTION E-2868 / 94

by Winifred Ewing ( ARE )

to the Commission

( 16 January 1995 )

( 95 / C 139 / 74 )

Subject : Firework safety standards

When establishing the standards which must be met by
firework manufacturers, distributors, wholesalers and
retailers in order to ensure the safety of the European
consumer, will the present high standards adopted
throughout the UK be accepted as the norm to which all
other standards must be raised, or will we see a reduction in
these standards brought about by pressure from Member
States whose emphasis on public safety may historically not
be as highly profiled as those operating in the UK ?

Answer given by Mr Bangemann

on behalf of the Commission

( 20 February 1995 )

The Honourable Member is no doubt aware that standards

are laid down by CEN, the European committee for
standardization . The compliance with standards is
voluntary and a standard cannot by itself alter the
regulatory framework in force in a Member State . This can
only happen when a standard has been prepared pursuant to
a mandate from the Commission in the context of a

so-called ' new approach ' Directive . In such a case, the
standard provides a presumption of conformity with the
essential requirements established by the Directive to which
the standard relates . In the case of fireworks, no Directive
exists and the work undertaken by CEN has not been
performed pursuant to a mandate from the Commission .
The result of the standardization work on fireworks

undertaken by CEN will therefore be of their sole
responsibility . CEN carries out that work in a fully
independent manner, with involvement of bodies from all
Member States .

The Commission draws the attention of the Honourable
Member to the fact that public safety in relation to fireworks
can be ensured by the authorities in the framework of
existing Treaty rules and applicable secondary law, such
as Council Directive 92 / 59 / EEC on general product
safety (').

(') OJ No L 228, 11 . 8 . 1992 .

WRITTEN QUESTION E-2871 / 94

by Winifred Ewing ( ARE )

to the Council

( 16 January 1995 )

( 95 / C 139 / 75 )

Subject : Prisoner of conscience Jesus Mendoza

Will the Foreign Ministers meeting in Political Cooperation
call for the immediate and unconditional release of Jesus
Alfonso Castiglione Mendoza, 40, a teacher and radio
journalist, who was sentenced on 19 August 1994 to 20
years ' imprisonment on fabricated charges of being involved
in an attack by the armed opposition group, the Communist
Party of Peru ( Shining Path )?

Answer

( 28 March 1995 )

The question raised by the Flonourable Member has not
been discussed in the Council .

The European Union reaffirms its attachment to
representative democracy, the rule of law and full respect for
human rights, which means that the action of the police and
the judiciary must also be governed by rules developed in
accordance with those principles .

If it emerged that this case required the European Union to
take a stand, it would not fail to do so on the basis of the
above considerations .

WRITTEN QUESTION E-2872 / 94

by Winifred Ewing ( ARE )

to the Council

( 16 January 1995 )

( 95 / C 139 / 76 )

Subject : Prisoner of conscience

Will the Foreign Ministers meeting in Political Cooperation
please raise the case of prisoner of conscience Asrat
Woldeyes, a 65-year-old medical professor who was
arrested in Ethiopia in July 1993 and sentenced to two years '
imprisonment solely for his non-violent opposition to the
Government of Ethiopia ?

No C 139 / 44 EN Official Journal of the European Communities 5 . 6 . 95

Answer

( 28 March 1995 )

The European Union is following closely the question of
political prisoners in Ethiopia, particularly that of
representatives of legally recognized political parties . The
European Union accordingly made an approach on
24 October 1994 on behalf of the AAPO, the organization
of which Mr Asrat Woldeyes is Chairman .

WRITTEN QUESTION E-2880 / 94

by Undine-Uta Block von Blottnitz ( V )

to the Commission

( 16 January 1995 )

(9 SIC 139 / 77 )

Subject : Euratom loans : loan conditions, public
participation

One element taken into account in considering applications
for Euratom loans is the relationship of the project for which
the loan is requested to the particular country's overall
energy plan .

1 . Which countries of central and eastern Europe and the

former Soviet Union have overall energy plans of this
kind ?

2 . Can the Commission make the existing plans available
to Parliament ?

3 . What provisions is there for public participation in

applications for, and the granting and use of Euratom
loans ?

4 . Is Commission Decision 94 / 90 / ECSC, EC, Euratom of

8 February 1994 on public access to Commission
documents (') also applicable to documents connected
with the granting of Euratom loans ?

(M OJ No L 46, 18 . 2 . 1994, p . 58 .

Answer given by M. de Silguy

on behalf of the Commission

(6 March 1995 )

1 . The situation, with regard to global energy plans,
varies from one country to another and is changing
constantly . Flungary and the Russian Federation have in
fact, defined global strategies approved by their Parliaments
which are intended to serve as a basis for future decisions in

the energy sector . The governments of the Czech and Slovak
Republics, Romania and Poland have also developed global
approaches . On the other hand, in those countries where
such plans do not yet exist, international technical assistance
in particular through Phare, Tacis and Synergy programmes
contributes its expertise to governments, as the Council of

energy ministers recommended in its conclusions of 25 May

1994 on nuclear safety in countries of eastern Europe .

2 . The Commission is ready to make available to
Parliament the documentation in question, having regard, of
course, the classification as laid down by the country
concerned .

3 . For all loans, the application phase is treated
confidentially . However, the general report on the activity
of the Communities published every year by the
Commission gives information on Euratom loans .
Furthermore, other information on Euratom loans is dealt
with in the Commission's annual report to the Council and
Parliament on the borrowing and lending activities of the
Community .

4 . Decision 94 / 90 / ECSC, EC, Euratom of 8 February
1994, on public access to Commission documents, applies
to the communication of information on the Euratom

files .

WRITTEN QUESTION E-2895 / 94

by Hiltrud Breyer ( V )

to the Commission

( 16 January 1995 )

( 95 / C 139 / 78 )

Subject : Saale development project

1 . Is the Commission aware of the study,
' Wirtschaftlichkeit des Saale-Ausbaus ' ( The economic
viability of development of the Saale ) by the Institute for
Ecological and Economic Research ? If so,

( a ) what are the implications for the Commission of the
study's conclusion that development of the Saale
should be rejected on economic grounds ?

( b ) in view of the lack of economic viability of the project,
will the Commission withdraw its pledge to provide EU
funding ?

2 . Will the zero variant be taken into account in the
environmental impact assessment of the Saale development
project ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 March 1995 )

1 . The Commission is not aware of the study referred to
by the Honourable Member .

2 . Under the terms of Directive 85 / 337 / EEC (') the
Commission does not automatically receive copies of

5 . 6 . 95 I EN Official Journal of the European Communities No C 139 / 45

environmental impact studies carried out in the Member
States .

— Loins of tunas, skipjack and bonito ( Sarda spp ) in
vegetable oil ( subheading 1604 14 12 ).

(■) OJ No L 175, 5 . 7 . 1985 . ( tonnes )

Origin Quantities

Ecuador (') 180

Thailand ( 2 ) 942

WRITTEN QUESTION E-2898 / 94

by Carmen Fraga Estévez ( PPE )

to the Commission

( 16 january 1995 )

( 95 / C 139 / 79 )

Subject : Commission report on the arrangements
applicable to tuna for the canning industry

In Section III of the Commission report on the arrangements
applicable to tuna for the canning industry (') it is stated
that ' the tuna now being supplied to the processing industry
no longer consists solely of whole fish but also of loins which
are subject to a 24 % customs duty '.

What qualities of tuna loins have been imported annually in
recent years and from what countries, and how much of this
has entered the Community under the generalized scheme of
preferences ?

(') COM(94 ) 266 final .

Turkey 603

Mauritius 35

Madagascar 610

Philippines ( 2 ) 461

Indonesia ( 2 ) 107

Cuba ( 2 ) 142

Senegal 74

Ivory Coast 47

Japan 47

Maldives ( 2 ) 16

Libya ( 2 ) 9

Slovenia 3

Marocco 4

Total 3 280

(M Spécial ' drugs ' arrangement .

( 2 ) GSP ( Generalized System o t Preferences ).

— Loins of tunas, skipjack and bonito ( Sarda spp ) not
preserved or prepared in vegetable oil — for example,
cooked and frozen ( subheading 1604 14 16 ).
Answer given by Mrs Bonino

on behalf of the Commission

( 10 February 1995 )

Information on the period 1988 — 1992 is given in Annex
V. 1 to the Commission report on the arrangements
applicable to tuna for the canning industry .

The information available on Community imports of these
products ( loins ) in 1993 is as follows :

( tonnes )

Origin Quantities

Venezuela (') 4 2 66

Colombia ( 2 ) 799

Ecuador ( 2 ) 4 851

Thailand (') 287

C ) GSP ( Generalized System of Preferences ).

( 2 ) Special ' drugs ' arrangement .

From 1994, the products in question are those falling
within combined nomenclature subheadings 1604 14 12,

1604 14 16 and 1604 19 31 . In the first half of 1994 the

following quantities were imported :

( tonnes )

Origin Quantities

Colombia (') 5 989

Ecuador ( 1 ) 4 415

Thailand ( 2 ) 786

Costa Rica (') 1 234

Turkey 360

Mauritius 622

Madagascar 42

Philippines ( 2 ) 144

Venezuela ( 2 ) 540

Seychelles 308

Indonesia ( 2 ) 54

Senegal 46

United States

of America 70

Ivory Coast 18

Total 14 628

(') Spécial ' drugs ' arrangement .

( 2 ) GSP ( Generalized System of Preferences ).

No C 139 / 46 Γ ΕΝ Official Journal of the European Communities 5 . 6 . 95

Imports in 1994 for subheadings 1604 12 et 1604 16 up to
October of that year amounted to 26 251 million tonnes ;
only very small quantities ( 13 tonnes ) of subheading
1604 19 31 ( loins of Euthynnus pelamis ) were imported .

In accordance with Regulation ( EC ) No 3282 / 94 extending
into 1995 the application of Regulations ( EEC )
No 3833 / 90, ( EEC ) No 3835 / 90 and ( EEC ) No 3900 / 91
applying generalized tariff preferences in respect of
certain agricultural products originating in developing
countries O, all countries benefiting from the drugs GSP,
including Venezuela, will have the same arrangements, and
it will be possible to import tuna loins at zero customs duty
up to a maximum of 20 000 tonnes .

H OJ No L 348, 31 . 12 . 1994 .

WRITTEN QUESTION E-2901 / 94

by Anne André-Léonard ( ELDR )

to the Commission

( 16 January 1995 )

likely that the amendments will at least cover the fitting of
belts with two anchor points . The aim is to limit the number
of fatal accidents and serious injuries caused when
passengers are thrown from windows .

If the amendments are adopted the requirements will at first
apply to new types of vehicle and then, after a few years, to
all new vehicles . They will not affect vehicles already on the
road as there are technical problems in fitting anchor points
in vehicles which were not designed to receive them .

The Community regulations on vehicle construction draw
no distinction between school buses and vehicles for adults .

Accordingly, seat belts will be fitted in all vehicles, except
those designed to transport standing passengers .

As for the wearing of seat belts, the Commission currently
has no plans to make this compulsory in buses . An
amendment of Community law would be premature, until a
significant number of buses are actually fitted with seat
belts . Accordingly, Member States are free to propose
national legislation if they wish to .

( 95 / C 139 / 80 ) WRITTEN QUESTION E-3 / 95

by Kirsten Jensen ( PSE )

Subject : Seat belts in schools buses

Every day thousands of children use school buses to go to
school or to go on excursions .

When accidents occur, the children are thrown out of the
bus windows, all too often with fatal results .

In view of the obvious safety advantages, why are seat belts
not made compulsory in school buses as well as in cars ?

Answer given by Mr Bangemann

on behalf of the Commission

to the Council

( 23 January 199 S )

( 95 / C 139 / 81 )

Subject : The situation in Sudan

With reference to the synopsis of Pax Christi's report ' The
French Connection — report on the political, economic and
military collaboration between Khartoum and Paris ', what
is the Council's assessment as to whether all the Member

States are respecting the spirit of and intentions behind the
arms embargo agreed to by the European Union at the
Council meeting on 15 March 1994 ?

( 10 March 1995 ) Answer

( 28 March 1995 )

The Honourable Member's question covers both the
technical aspects of fitting seat belts in buses and coaches
and the question of making it compulsory to wear them .

With regard to the first issue, the Commission is currently
preparing amendments to the three Directives in respect of
the fitting of seat belts in buses and coaches . The
amendments will be submitted to the Committee on the

adaptation to technical progress of the Directives on motor
vehicles and will be based on the results of a research

programme being supported by the Commission . It is highly

On 15 March 1994, as the Honourable Member will be
beware, the European Union adopted a ' common position
defined on the basis of Article J. 2 of the Treaty on European
Union concerning the imposition of an embargo on arms,
munitions and military equipment on Sudan '. The
equipment covered by the embargo is specified in that
Decision .

The Treaty on European Union stipulates that ' the Member
States shall support the Unions's external and security

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 47

policy actively and unreservedly in a spirit of loyalty and
mutual solidarity . They shall refrain from any action which
is contrary to the interests of the Union or likely to impair its
effectiveness as a cohesive force in international relations .
The Council shall ensure that these principles are complied
with .'

Article 2 of the aforementioned Decision stipulates that
Member States shall take the necessary steps to ensure that
the embargo referred to in Article 1 is applicable from

16 March 1994 .

Information is exchanged within the Working Party on
Conventional Arms Exports, in close cooperation with the
geographical working parties on Member States '
implementation of embargoes decided by the Union .

To date, there is no reason to believe that certain Member
States are not honouring the spirit or the intentions of the
European Union Decision of 15 March 1994 on Sudan .

WRITTEN QUESTION E-6 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 19 January 1995 )

{9 SIC 139 / 82 )

Subject : EU research funding for the burning of sewage

sludge

The Commission of the European Union supports research
projects concerned with exploiting carbon-bearing residual
products of waste water treatment . One of the uses of such
products being considered by the Commission appears to be
as a fuel for industrial combustion plants .

1 . Under which research programmes are such projects

being supported ?

2 . To what extent have European research funds already
been disbursed or will such funds be made available, and
for what projects have they been disbursed or will they
be made available ?

3 . Is a pilot scheme of this kind in Stolberg in Germany
being supported by the Commission, and if so, to what

extent ?

Answer given by Mr Cresson
on behalf of the Commission

(1 March 1995 )

1 . The Commission supports research projects on the
re-use of carbon-bearing waste from wastewater treatment
as part of the accompanying, promotion and support

measures ( APAS ) approved by Parliament for 1992 — 1994
under the budget heading ' Clean Coal Technology
1992—1994 '.

2 . Contributing ECU 1 2 million, 4 million and 1 4 million
respectively, the Community, EFTA countries and industry
have helped to achieve excellent results . The same subject is
included in the fourth framework programme and will be
pursued in the specific Joule-Thermie programme .

3 . Support of ECU 500 000 has been granted under

' '
APAS — Clean Coal Technology to a project run by
Berzelius-Stolberg which was approved in particular by the
Cologne city council and was a great success . It showed that
adding sewage sludge to the coal in the manufacture of lead
for car batteries improves discharges and ash composition
without the quality of the lead being affected . The carbon
dioxide balance is also improved appreciably . Heavy metals
can be recovered from the ash and put back into the lead .
The process is thus a sink for heavy metals . The other
solution, i.e . composting or spreading on the fields, releases
carbon dioxide and methane without recovery of their
energy content and puts degradation projects, dioxins and
heavy metals into food and groundwater . This project is
therefore of enormous benefit to the environment . The

Berzelius company has requested an operating permit to use
all the sewage sludge from Aachen, Stolberg and district for
energy purposes . The project is accompanied by a huge
public awareness and press campaign .

WRITTEN QUESTION E-8 / 95

by Clive Needle ( PSE )

to the Council

( 23 January 1995 )

95 / C 139 / 83 )

Subject : Child prostitution

Is the Council aware of the international traffic in youth or
child prostitution between Member States and South-east
Asia, notably Thailand and the Philippines ?

What information is held on this trade, and what steps are
being taken to coordinate legislation and action to afford
the protection sought within the UN Convention on the
Rights of Children ?

Answer

( 28 March 1995

The European Union welcomes the signature five years ago
of the Convention on the Rights of the Child and its early

No C 139 / 48 EN Official Journal of the European Communities 5 . 6 . 95

ratification by a large number of States ; the Convention was
a milestone in the development of a world-wide network of
measures and instruments for the protection of children's
rights . The European Union is continuing its efforts to
ensure that the Convention is signed and ratified by those
States which have so far failed to sign in accordance with
their commitments at the Vienna World Conference and to

ensure that certain States withdraw their reservations which

conflict with the aims of the Convention .

The European Union vehemently condemns the sale of
children, child prostitution and child pornography and is
pursuing its efforts to ensure that all Governments
implement the Convention on the Rights of the Child and
the Programme of Action for the Prevention of the Sale of
Children, Child Prostitution and Child Pornography . It is
also active in the UN Commission on Human Rights
Working Group, which is preparing a relevant draft
Additional Protocol to the Convention on the Rights of the
Child .

Within the UN Commission on Human Rights, the
European Union supports the remit and work of Mr
Calcetas Santos ( Portugal ), thematic special rapporteur on
the sale of children, child prostitution and child
pornography .

WRITTEN QUESTION P-15 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 10 January 1995 )

( 95 / C 139 / 84 )

Subject : Fines imposed on Greek cement manufacturers

The Commission has decided to impose fines on a large
number of European cement manufacturers, including
several in Greece, for infringing competition rules .
However, this decision makes no distinction between the
perpetrators and the victims, takes no account of the fact
that the companies Titan and Heracles were the victims of
the cartel and that those companies alone made an actual
contribution to the development of internal Community
trade in cement . In addition, the fines do not take account of
the period of time the Greek companies are alleged to have
been in breach of the rules ; the average fine imposed on the
eight biggest cement manufacturers and organizers of the
cartel was 0,9 % of their total annual turnover, whereas the
Greek companies which were victims of the cartel received
fines totalling 2,14% . Given that there are certain
' omissions ' in the Commission's decision and the fact that

the fines are an inordinate burden on Greek cement

manufacturers, principally Titan, which is solely responsible
for paying its fine, will the Commission say :

1 . whether it will defer payment of the fines until the

application for a stay of execution of the decision — an
part of the Greek companies ' appeal to the Court of
Justice — has been heard and, at all events, whether it

will accept letters of guarantee in respect of the fine ?

2 . what measures it will take to put an end to improper

methods of controlling the market and to eliminate
artificial barriers to the development of internal
Community trade in cement ? In this connection,
restrictive measures were taken against Heracles on the
basis of the Commission's Decision concerning the
increase in the company's share capital in 1986 .

Answer given by Mr Van Miert

on behalf of the Commission

(6 February 1995 )

1 . Commission decisions which impose a pecuniary
obligation on natural or legal persons are enforceable
pursuant to Article 192 to the EC Treaty . According to
Article 185 of the Treaty, appeals against such decisions
which are brought before the Court of First Instance do not
have suspensory effect .

However, at the time of notifying decisions imposing a
pecuniary obligation, the Commission informs the firms
concerned by decisions implementing Articles 85 and 86
that, in the event of the matter being brought before the
Court of First Instance or the Court of Justice, it will take no
steps to recover any monies while the case is pending,
provided that the firms supply a bank guarantee covering
bouth the amount of the debt and any interest payable .

2 . The decision which the Commission adopted on
30 November 1994 ( ] ) constitutes a measure aimed at
putting an end to improper methods of controlling the
markets .

Moreover, the Commission will remain vigilant and take
action against any practices which restrict the growth of
intra-Community trade in cement and which breach the
rules of the single market, as prescribed by the EC Treaty
and Articles 85 and 86 in particular .

(M OJ No L 343, 30 . 12 . 1994 .

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 49

WRITTEN QUESTION E-16 / 95

by Bernd Lange ( PSE )

to the Commission

( 19 January 1995 )

( 95 / C 139 / 85 )

Subject : Failure in Germany to transpose Directive
75 / 439 / EEC on the disposal of waste oils ( as
amended by Directive 87 / 1 01 / EEC, published in

1987 )

In Gemany, by virtue of what is termed the ' Circular Flow
Economy Act ', combustion of waste oils is treated more
favourably for tax purposes than regeneration . Moreover,
there are laws which allow waste oil to be burnt as heating
fuel in, for example, cement works . As a result, waste oils are
increasingly being used in Germany for combustion,
contrary to the provisions of Directive 87 / 101 / EEC (')
whereby regeneration is to be given priority in preference to
combustion . Complaints in this connection have been
pending before the Commission since 1993, but there has
been no response to date .

1 . What steps will the Commission take to ensure that the
Directive on the disposal of waste oils is properly
transposed in all the EU Member States ?

2 . What representations will the Commission make to

Germany to persuade it to halt the combustion of waste
oils, as is required under the Directive ?

3 . Within what time-frame is the Commission proposing
to implement the measures referred to above ?

4 . What is the longest delay that is likely to pass before

those who have lodged complaints on the grounds
described above can expect to be given an answer ?

(') OJ No L 42, 12 . 2 . 1987, p . 43 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(9 March 1995 )

1 . One of the duties of the Commission is to ensure
compliance with Community Directives . With this object in
view, the first step is to verify Directives are transposed into
the national law of the Member States . When the Member

States do not fulfil their obligations in this respect, the
Commission follows the infringement procedure laid down
in Article 169 of the EC Treaty . This has been used with
regard to Council Directive 75 / 439 / EEC, of 16 June 1975,
on the disposal of waste oils, as amended by Council
Directive 87 / 101 / EEC .

regeneration '. The Commission is actively involved in the
examination of the information provided by the German
authorities on this matter .

3 . As the Honourable Member may understand, the
whole process of ascertaining and assessing the position of
the German authorities on this issue and the complexity of
the matter explains the delay which has intervened since the
complaint was presented to the Commission .

The complainants have been kept informed on all the
developments in the procedure .

WRITTEN QUESTION E-20 / 95

by Petrus Cornelissen ( PPE ) and

Marianne Thyssen ( PPE )

to the Commission

( 19 January 1995 )

( 95 / C 139 / 86 )

Subject : Code of Conduct for Computer Reservation

Systems

1 . Is it true that the Commission is preparing legislation
to makie it compulsory to pass on to travel agents the cost
of using computerized reservation systems ( Council
Regulation ( EC ) No 3089 / 93 ) (*)?

2 . Does the Commission consider that

( a ) these costs may weigh so heavily on travel agencies that
many smaller agencies will no longer be able to afford
to continue using the CRS ( Computerized Reservation
System )?

( b ) the costs of the CRS should be borne by the airlines,

which are the main beneficiaries of the increased
efficiency in the distribution of their products which the
CRS provides ?

( c ) such interference in the details of the travel product
distribution process in a very competitive sector is
superfluous and serves the interests of neither
consumers nor the travel industry ?

3 . Is the Commission aware that this kind of excessive
legislation does not fit in well with a policy of support for
SMUs and of limited Regulation by Brussels ?

2 . With regard to the German case, the Commission
considered that Germany failed to transpose correctly 4 . This being so, is the Commission prepared to abandon
Article 3 paragraph 1 of the abovementioned Directive this legislation, or to discuss the matter first with

Parliament ?

which states ' where technical, economic and organizational
constraints so allow, Member States shall take the measures
necessary to give priority to the processing of waste oils by f 1 ) OJ No L 278, 11 . 11 . 1993, p . 1 .

No C 139 / 50 EN Official Journal of the European Communities 5 . 6 . 95

Answer given by Mr Kinnock

WRITTEN QUESTION E-21 / 95

on behalf of the Commission

by José Apolinârio ( PSE )
( 28 February 199S ) to the Commission

( 19 January 1995 )

( 95 / C 139 / 87 )

The Commission is not currently considering any new
legislation in respect of charging travel agents for computer
reservation costs . It is however investigating a number of
complaints made by carriers and a computer reservation
system ( CRS ) which allege that the present structure of fees
charged by CRSs is in breach of Article 10.1 of the code of
conduct for CRS ( Council Regulation ( EC ) No 3089 / 93 as
amended ).

Subject : Adjustment of fishing activities in Portugal ( first

CSF )

In statements made to a Portuguese weekly, a spokesman for
the Portuguese Ministry of Fisheries said that, owing to the
Brussels bureaucracy, only five projects for the building of
new vessels had been approved under the first CSF . Will the
Commission state how many boats were laid up in Portugal
under Community funding between 1984 and 1993 and
how many projects for new vessels have been approved

( specifying the relevant years and regions )?
Article 10.1 of the code requires, amongst other matters,
that any fee charged by a CRS shall be reasonably related to
the cost of the service provided and used, as well as
reasonably structured . The plaintiffs are concerned that the Answer given by Mrs Bonino
provision of CRS services to travel agents at reduced or no on behalf of the Commission
cost is not in conformity with that article .

Answer given by Mrs Bonino

on behalf of the Commission

( 28 February 1995 )

The Commission is aware of the sensitive nature of this

issue, and to ensure that the consequences of any change in
the present pricing system are fully understood, it
commenced a series of consultations in 1993 . The latest
consultation took place in December 1994 with the
participation of CRSs, carriers, and the European travel
agents association at which a consultation paper setting out
an interpretation of Article 10.1 was discussed .

In view of both the diversity and strength of the opinions
expressed by the participants at the meeting, the
Commission agreed to appoint an external consultant to
examine in depth the effects and practicability of a range of
options for respecting Article 10.1 for CRS charging policy

( including maintaining the status quo ). The consultant will
be assisted by a working group made up of representatives
of all organizations present at the December meeting . No
further action on the complaints will be taken until the
results of the study have been submitted to the Commission,
which is scheduled for summer 1995 .

When the necessary information is available, relevant
interests, including the Parliament, will be informed of any
course of action considered .

In answer to the first part of the question, 71 fishing vessel
contruction projects were approved under Regulation

( EEC ) No 4028 / 86 (') in the period covered by the first CSF

( 1989 — 1993 ), 14 of which were in the Norte region, 8 in
the Centro region, 23 in Lisboa e Vale do Tejo, 6 in the
Algarve, 13 in Madeira and 7 in the Azores .

In the period covered by the addendum to the CSF on the
processing and marketing of fishery and aquaculture
products ( 1991— 1993 ), 7 fishing vessel construction
projects were approved, two of which were in the Centro
region, two in Lisboa e Vale to Tejo and three in
Madeira .

As Portugal acceded to the Community on 1 January 1986,
this sector did not receive any funding before that date .
Flowever, before Regulation ( EEC ) No 4028 / 86 was
adopted, three fishing vessel construction projects were
funded in 1986 under Regulation ( EEC ) No 2908 / 83 ( 2 ),
one each in the Norte, Centro and Algarve regions . The total
gross registered tonnage involved was 130 and funding
totalled ECU 0,349 million .

The figures for the funding of capacity adjustments and the
permanent withdrawal or construction of fishing vessels in
the period 1987 — 1993 under Regulation ( EEC )
No 4028 / 86 are set out in the tables sent direct to the

Honourable Member and to Parliament's Secretariat .

(M OJ No L 376, 31 . 12 . 1986 .

( 2 ) OJ No L 290, 22 . 10 . 1983 .

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 51

WRITTEN QUESTION P-22 / 95

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

( 10 January 1995 )

( 95 / C 139 / 88 )

of Community resources, can the Commission provide
information on the annual telephone bills of the Community
organs and institutions ?

Answer given by Mr Liikanen

on behalf of the Commission

Subject : Action to combat waste and abuse of Community ( 10 February 1995 )

resources

In view of the conclusions reached by the Presidency at the
Essen European Council concerning action to combat abuse

The Commission's telecommunications expenses in the

1993 and 1994 financial years were as follows :

( in ECU millions )

Offices in the
Brussels Luxembourg Strasbourg

Community

1993 1994 ( 1993 1994 ( 1993 1994 1993 1994 C )

Officiai téléphoné calls and
faxes

9,469 9,174 1,020 999
1,064 1,079 90 98

9,174

999

1,020

Rental and standing charges
for technical infrastructure 623 597

623

3,159

4,249

Total 12,628 13,423 1,643 1,596 1,064 1,079 90 98

(M Extrapolated from invoices for the first 10 months of the year .

The change in expenditure from one financial year to the
next is the net result of several different factors working in
opposite directions :

on the one hand, structural savings have been achieved by
reducing the number of international lines and controlling
telecommunications expenditure, and as a result of
reductions in charges by public operators ;

on the other hand telecommunications media, and
particularly the fax, have been used more intensively and
Commission activities extended to the four countries

applying for Community membership .

WRITTEN QUESTION E-23 / 95

by Freddy Blak ( PSE )

to the Commission

( 19 January 1995 )

( 95 / C 139 / 89 )

Answer given by Mr Kinnock

on behalf of the Commission

( 16 March 1995 )

Provisions for the use of driving licences within the
Community are laid down in Directive 80 / 1263 / EEC ('). In
particular, Article 8 lays down :

' The Member States shall provide that, if the holder of a
valid national driving licence or valid Community model
licences issued by a Member State takes up normal
residence in another Member State his licence shall

remain valid there for up to a maximum of a year
following the taking up of residence . At the request of the
holder within that period, and against surrender of his
licence, the State in which he has taken up normal
residence shall issue him with a driving licence

( Community model ) for the corresponding category or
categories . This will be done without subjecting the
licence holder to the conditions laid down in Article 6 of

the Directive which relate mainly to not having to pass
new practical and theoretical tests .'

Subject : Freedom of movement For the purpose of the Directive, ' normal ' residence means
the place where a person usually lives, that is for at least 185

Could the Commission explain why Germany is allowed to days in each calendar year, because of personal and
wait until 1996 before changing its rules to take account of occupational ties, or, in the case of someone with no
persons registered as being resident in two countries ( see occupational ties, because of personal ties which show close
article in the Danish newspaper Berlingske Tidende of links between that person and the place where he is

18 January 1994 )? living .

Could the Commission explain why Germany is allowed to
wait until 1996 before changing its rules to take account of
persons registered as being resident in two countries ( see
article in the Danish newspaper Berlingske Tidende of

18 January 1994 )?

No C 139 / 52 EN Official Journal of the European Communities 5 . 6 . 95

However, the normal residence of a person whose
occupational ties are in a different place from his personal
ties ( and who consequently lives in turn in different places
situated in two or more Member States ) shall be regarded as
being the place of his personal ties, provided that such
person returns there regularly . This last condition needs not
be met where the person is living in a Member State in order
to carry out a task of a definite duration . Attendance at a
university or school shall not imply transfer of normal
residence .

A new Directive on driving licences, 91 / 439 / EEC ( 2 ),
provides for mutual recognition of driving licences, without
compulsory exchange . This will enter into force in all
Member States, including Germany, only from 1 July
1996 .

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

( 2 ) OJ No L 237, 24 . 8 . 1991 .

WRITTEN QUESTION E-40 / 95

by Giles Chichester ( PPE )

to the Commission

( 25 January 1995 )

(9 5 /C 139 / 91 )

Subject : Oxygenated fuels

1 . " With respect to plans for automotive exhaust emission
limits for the year 2000, has the Commission addressed the
immediate option of oxygenates in gasoline as a low-cost,
successful attack on carbon monoxide and unburned

hydrocarbons ? Member States such as France have taken
the lead on this issue and new accession countries such as
Finland have mandated near-total usage of oxygenated
fuels .

WRITTEN QUESTION E-28 / 95

QUESTION E-28 95 2 . To what extent is the Commission looking at cleaner,

Oomen-Ruijten ( PPE ) oxygenated gasoline as a prompt solution to health and

to the Commission environment problems in the energy and transport
arena ?

by Ria Oomen-Ruijten ( PPE )

( 19 January 1995 )

95 / C 139 / 90 )

Subject : Directive on food additives other than colours and

sweeteners

1 . Is the Commission aware of the problems encountered
by the wholefood and diet food industries in connection
with the Directive of the European Parliament and the
Council on food additives other than colours and

sweeteners ?

2 . Is it true that the organization representing these
sectors has not been consulted in any way, and is the
Commission now prepared to hold such consultations ?

Answer given by Mr Bangemann

on behalf of the Commission

( 14 February 1995 )

1 . Yes . The Commission is aware of certain questions
raised by economic operators in the diet food sector during
and following the final adoption of the Directive of the
Council and Parliament on food additives other than

colours and sweeteners .

2 . No . The professional organizations were consulted on
a regular basis while the proposal for a Directive was being
drafted . The socio-professional organizations represented
in the advisory committee on foodstuffs were also
consulted . To take account of the latest industrial an

scientific developments, the Commission intends shortly to
propose an amendment to the Directive, at which point it
will hold the usual consultations .

3 . The Commission reported a total of 3 000 urban air
polution incidents over the past summer to the Council of
Environment Ministers in October . In view of winter smog
conditions that may be worse, would the Commission
promote an immediate solution to low-level ozone pollution
in the form of oxygenated fuels and authorize regional use of
such fuels prior to harmonized legislation ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(8 March 1 995 )

Directive 85 / 536 / EEC ( ) on crude-oil savings through the
use of substitute fuel components in petrol allows the
production, marketing and free movement of gasoline
containing a certain percentage of oxygenates laid down in
the Annex to this Directive . In addition, Member States may
permit higher levels of oxygenates under the condition that
these blended fuels are clearly marked at the pump .

Within the framework of this Directive and with the
understanding that no impediment to the internal market is
created Member States are free to promote the use of
oxygenates in petrol .

With a view to new legislation on measures to reduce vehicle
emissions by and beyond the year 2000 — as outlined in

5 . 6 . 95 ENl Official Journal of the European Communities No C 139 / 53

Directive 94 / 12 / EC (-) — the Commission is in the process
of preparing the technical and scientific basis for such
legislation .

For this purpose the Commission in 1992 initiated the
European auto-oil programme which is carried out in
collaboration with the car and oil industries . One of the

measures to be explored for its effects on vehicle emissions
and air quality is the improvement of fuel quality . Various
fuel components including oxygenates are being
investigated .

At the same time a cost-effectiveness analysis of all measures
to reduce vehicle emissions including improved vehicle
technology, fuel quality inspection and maintenance is being
carried out . The results of this analysis are expected within
the next months and it is on this basis that the Commission

will decide on the nature and extent of any future Directive
on fuel quality which it may propose .

The Commission is concerned at the widespread occurrence
of ozone pollution in 1994 . It believes that the results of the
auto-oil programme will help to identify cost-effective
measures to reduce the number and severity of ozone
pollution episodes in the future .

(!) OJ No L 334, 12 . 12 . 1985 .

( 2 ) O J No L 100, 19 . 4 . 1994 .

Answer given by Mr Bangemann

on behalf of the Commission

(8 March 1995 )

The Commission has completed an extensive investigation
of the Netherlands notification that it intends to apply
national rules on cadmium in place of Directive
91 / 338 / EEC . No decision has yet been made in this case .

The Commission has been concentrating its efforts on
obtaining a definitive result from the first notification under
Article 100A 4 EC Treaty by Germany in the case of
pentachlorophenol ( PCP ). A first decision on this case,
taken on 2 December 1992, was annulled by the European
Court of Justice on 17 May 1994 . The Commission took a
second Decision ( 94 / 783 / EC ) on the German PCP case on

14 September 1994 and this was published in the Official
Journal on 9 December 1994 (').

The Commission expects to deal formally with the Dutch
application for cadmium in the near future .

(M OJ No L 316, 9 . 12 . 1994 .

WRITTEN QUESTION E-51 / 95

by Ria Oomen-Ruiiten ( PPE )

to the Commission

( 30 January 1995 )
WRITTEN QUESTION E-50 / 95

by Phillip Whitehead ( PSE )

to the Commission

( 30 January 1995 )

( 95 / C 139 / 92 )

Subject : Directive 91 / 338 / EEC concerning the
approximation of laws of Member States relating
to restrictions on the marketing and use of certain
dangerous substances and preparations

The Government of the Netherlands has made an

application to the Commission under Article 100a of the
Treaty establishing the European Community for a
dispensation from implementing Directive 91 / 338 / EEC (')
in the Netherlands so that it can continue to apply its own
national laws on the marketing and use of cadmium
pigments . Will the Commission state what decision it has
reached following its investigation of this application and
give the reasons for its decision ?

1 1 ) OJ No L 186, 12 . 7 . 1991, p . 59 .

Subject : Prohibited toy weapons and the European toy

safety Directive — failure of the Belgian legislature
to meet its obligations under the Directive

1 . Is the Commission aware of the facts set out in the
TROS ( Netherlands TV ) Programme Deadline on
25 November 1994, which showed that toy weapons
prohibited in the Netherlands are freely available for sale in
Belgium ?

2 . To what extent has the Belgian legislature complied
with Article 15(1 ) of the Directive on the safety of toys

( 88 / 378 / EEC ) ( a )P

3 . What progress has been made in the discussions with
representatives of the Member States on such matters as the
safeguard clause, the controls carried out by national
authorities and the cooperation between these authorities

( see also Commission reply to Written Question No 170 / 93
by Mrs Christine Oddy ( PES )) ( 2 )?

( 95 / C 139 / 93 )

No C 139 / 54 EN Official Journal of the European Communities 5 . 6 . 95

Answer given by Mrs Bonino

4 . What steps does the Commission intend taking to Answer given by Mrs Bonino
compel the Belgian legislature to adopt measures on behalf of the Commission
prohibiting the sale of imitation weapons in toyshops, thus ( 28 February 1995 )
bringing Belgian legislation into line with the preamble of
the European Directive ?

( 28 February 1995 )

(M OJ No L 187, 16 . 7 . 1988, p . 1 .

( 2 ) OJ No C 202, 26 . 7 . 1993, p . 13 .

Answer given by Mrs Bonino

on behalf of the Commission

(3 March 1995 )

The Commission wishes to point out that the TROS

( Netherlands TV ) ' Deadline ' Programme broadcast on
24 November 1994 concerned faithful reproductions of real
firearms and not toy weapons . For reasons of public policy,
faithful reproductions of real firearms are excluded from
the scope of Council Directive 88 / 378 / EEC on the
approximation of the laws of the Member States concerning
the safety of toys .

The Commission is aware that the legal situation concerning
faithful reproductions of real firearms is not identical
throughout the Member States, and notably that while such
reproductions are banned in the Netherlands, their sale is
authorized in Beglium .

The Commission invites the Honourable Member to consult

the answer given by the Commission to oral question
H-769 / 94 from Mrs Chanterie which was discussed during
the January 1995 part-session ( l ).

(') Debates of the European Parliament ( January 1995 ).

WRITTEN QUESTION E-54 / 95

by José Apolinârio ( PSE )

to the Commission

( 30 January 1995 )

Under the second Community support framework

( 1994 — 1 999 ) pursuant to Regulation ( EEC )
No 3699 / 93 ('), Portugal received three transfers of funds
amounting to ECU 14 041 000 .

— Operational Programme for Portugal — Modernization

of the Economic Fabric — fisheries subprogramme : ECU

11 885 550 on 24 June 1994

— Operational Programme for the Azores ( Pedraa II ) —

fisheries measure : ECU 1 507 500 on 16 December

1994

— Operational Programme for Madeira ( Popram II ) —

fisheries measure : ECU 648 000 on 16 December

1994 .

(') OJ No L 346, 31 . 12 . 1993 .

WRITTEN QUESTION E-56 / 95

by José Apolinârio ( PSE )

to the Commission

( 30 January 1995 )

( 95 / C 139 / 95 )

Subject : Deadlines for the transfer of Community aid as

part of the CSFs to the beneficiaries

It is public knowledge that Portugal failed to transfer the aid
allocated to vocational training establishments and the
Pamaf within the framework of the Community Support
Framework for Portugal ( 1994 — 1999 ) within a period of
three months, as required by the provisions of the CSF .

What steps has the Commission taken to rectify this
situation ?

Answer given by Mr Flynn
on behalf of the Commission

( 95 / C 139 / 94 )
(3 March 1995 )

Subiect : II CSF — Portugal and IFOP

In its answer of 1 9 December 1 994 to my Written Question
E-2472 / 94 ( l ), the Commission failed to clarify the situation
regarding financial transfers in respect of the IFOP .

When monitoring the national operational programmes and
auditing the national arrangements for programme
management, the Commission attaches particular
importance to compliance by the Member State with the
time limits laid down in Article 21(5 ) of Council Regulation

( EEC ) No 2082 / 93 .

Will the Commission provide precise information on With regard to vocational training establishments, the
Community aid allowed to Portugal under the IFOP ( dates national authorities informed the Commission on
and amounts ) during 1994 ? 6 December 1994 ( first meeting of the CSF II —

1994 — 1999 monitoring committee ) that no payments in
(!) OJ No C 81, 3 . 4 . 1995, p . 36 . connection with the CSF II operations had been delayed .

5 . 6 . 95 LËN Official Journal of the European Communities No C 139 / 55

As for Pamaf ( the support programme for the
modernization of agriculture and forestry ), slow progress in
approving the legislative and administrative measures
implementing the programme at national level led to delays
in approving applications . As far as the Commission is
aware, these delays have since been made good .

As regards the delays in payment to which the Honourable
Member's question refers, however, the national authorities
have informed the Commission that there are no difficulties

in the financial implementation of CSF II for the period

1994—1999 .

WRITTEN QUESTION E-71 / 95

by Hiltrud Breyer ( V )

to the Commission

(8 February 1995 )

( 95 / C 139 / 96 )

Subject : Mochovce nuclear power station in the Slovak

Republic

1 . The structural safety installations ( accident location
system, bubbler / condenser tower ) at the Mochovce nuclear
power station do not meet Federal German standards .
Moreover, a second layer of protective covering is lacking .
How does the Commission view this state of affairs ?

2 . Will a group of experts be asked to report on these
structural shortcomings ?

3 . If so, who, or which institution, will inspect the
place ?

What is the composition of this Committee ?

4 . What criteria would — or will — such a group use to
judge existing structural installations ?

5 . How does the amount of resources spent on energy
saving and renewable forms of energy compare with that
spent on refitting Mochovce nuclear power station ?

6 . Was the zero option considered at the hearing and in
the environmental impact study ?

7 . In assessing Mochovce, was account taken of the fact
that energy savings and measures to increase energy
efficiency in the Slovak Republic are making further work
on the nuclear power station redundant ?

8 . Who calculated the cost of measures to increase energy
savings and energy efficiency, and how did they do so ? What
proposals were made in this connection ?

9 . Why does tlje Commission not do more to promote
the use of renewable sources of energy ?

10 . Which electricity export contracts have already been
submitted in respect of Mochovce and which contracts are
planned ?

11 . What percentage of the electricity produced in
Mochovce is intended for export ?

Answer given by Mr de Silguy

on behalf of the Commission

( 24 March 1995 )

1 . The standards used in Germany are laid down by the
German authorities for power stations in Germany and do
not apply to any other country . However, they were taken
into account by Riskaudit in its assessment of the Mochovce
project .

The reactor is equipped with a bubble condenser, which
functions as a second protective envelope .

The Commission has had this situation assessed by
high-level experts from the IPSN ( Institut de protection et de
sûreté nucléaire ) and GRS ( Gesellschaft fiir
ReaktorSicherheit ); their conclusion is that once their
recommendations have been implemented the containment
function will be effective .

2 . The measures proposed for bringing Mochovce up to
standard have been assessed sparately by the IAEA

( International Atomic Energy Agency ) and by
Riskaudit / IPSN-GRS International .

In addition, the Phare / Tacis Expert Group has been
consulted, as the Euratom procedure requires .

3 . Riskaudit and the IAEA submit independent experts '
opinions .

In particular, Riskaudit has done its work under a contract
with the Commission and has submitted a report which has
been discussed by the Phare / Tacis Expert Group and
accepted by the Commission .

4 . The IPSN and GRS experts have made their safety
assessment on the basis of :

— the knowledge the IPSN and GRS have gained about the

inadequacies of WERs ( Russian-designed
pressurized-water reactors ) by reference to West
European safety standards and practices,

— the available technical documentation on Mochovce,

— the safety improvement report setting out the range of

measures proposed with a view to bringing the safety of
Mochovce up to standard,

— visits to the site,

— technical discussions .

No C 139 / 56 EN Official Journal of the European Communities 5 . 6 . 95

The quality of the work carried out was initially checked by
EDF ( Électricité de France ). EDF's inspection and audit
reports have been assessed by Riskaudit .

5 . The funds required for modernizing Mochovce
amount to DM 1 450 million ( approximately ECU 745
million ). Of this, the Commission proposes to lend DM 370
million ( approximately ECU 190 million ).

Since 1991 the Phare Programme has granted aid
specifically to Slovakia amounting to ECU 8,71 million in
the field of non-nuclear energy . This aid has also been
directed at the promotion of renewable sources such as
geothermal energy, the interconnection of European energy
networks, the development of a demand-based energy
policy, the reform of energy pricing, improving the
environmental acceptability of energy installations and
restructuring the energy sector .

Taking into account the contribution of multilateral
programmes to help Slovakia, Phare aid for Slovakia in the
non-nuclear energy sector totals more than ECU 11
million .

As part of the Joule II ( non-nuclear energy ) programme
under the Third framework programme ( of which research
into energy savings forms an integral part ), Slovakia has also
taken part in nine projects involving a total of ECU

415 000 .

It should be noted that the Euratom contribution for

Mochovce would be in the form of a loan, whereas the Phare
funding mentioned above consists of grants

( non-reimbursable aid ).

6 . The ultimate decision on carrying out the project is the
sole responsibility of the Slovak authorities .

The zero option ( abandonment of the project ) has been
examined but does not seem realistic in view of the expected
demand for electricity .

7 ., 8, and 9 . The possible energy savings in Slovakia were
taken into account by Putnam, Hayes and Bartlett, the
independent consultants who prepared the least-cost
analysis which showed the economic justification for the
Mochovce project .

The demand forecasts take account of large energy savings
resulting from price increases and technological changes
brought about by major economic restructuring, leading to
a reduction of 50% in the energy intensity of industry .

Besides these savings in industry there is a smaller
proportion of energy savings resulting from DSM

( Demand-Side Management ). The consultants were in
particular asked to investigate whether DSM programmes
could obviate the need to add new capacity to replace the
Bohunice VI reactors .

The report covers the following options, incorporated into a
long-term plan :

Base-load options

— completion of Mochovce,

— combined gas cycles,

— coal and lignite-fired power stations,

— coal gasification and fluidized-bed technology,

— new nuclear installations .

Other power-generation options

— gas turbines for peak load,

— greater use of existing plant,

— combined heat and power cycles,

— electricity imports,

— various combinations, including base-load options,

— conversion of Mochovce to gas .

Demand-side options

— energy conversation ( lighting, motors, appliances ) and

improved efficiency, redistribution of load,

— industrial co-generation,

— replacing electricity by gas or coal .

10 . and 11 . The Mochovce project will not increase
generation capacity in Slovakia in the long term . For a short
period between the start-up of Mochovce and the shutting
down of Bohunice V 1, however, there will be a small surplus
of exportable electricity, dropping to a marginal amount
after the year 2000 .

After the start-up of Mochovce, there is expected to be
200 MW of exportable power up to 1999, 50 MW from
2000 to 2011 and 30 MW from 2012 to 2015 . This means

that electricity exports in connection with the operation of
Mochovce amount to less than 5 % of the total output of the
Mochovce plant during its working life .

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 57

Answer given by Mrs Bjerregaard

WRITTEN QUESTION E-77 / 95 Answer given by Mrs
on behalf of the Commission

by Jürgen Schröder ( PPE )

to the Commission (1 March 1995 )

(8 February 1995 )

( 95 / C 139 / 97 )

Subject : Structural Funds and the Free State of Saxony

The Free State of Saxony which is an Objective 1 Region
under the EU's Structural Aid Policy and is receiving
financial aid from the ERDF, the ESF and the EAGGF from

1994 to 1999 . Can the Commission :

1 . Say how much overall aid has been — or will be —
granted to the Free State of Saxony or its organs from the
ERDF, the ESF and the EAGGF, Guidance Section, in

1994, 1995, 1996, 1997, 1998 and 1999, indicating
how much it has received or — will receive — from each

fund in each financial year ?

2 . Indicate how the annual aid is allocated, both nominally
and as a percentage, to the aid priorities laid down in the
Operational Programmes ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 29 March 1995 )

The Commission is sending direct to the Honourable
Member and to Parliament's Secretariat a table containing
the information requested .

WRITTEN QUESTION E-80 / 95

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

(8 February 1995 )

( 95 / C 139 / 98 )

Subject : Implementation network for the Fifth Action Plan

on the Environment

Could the Commission give a fuller and more specific reply
to my earlier question 2535 / 94 ( x ) concerning the working
methods and results of the application of the informal
implementation network for environmental legislation after
the June 1994 part-session in Athens ? Could it also give the
reasons why the network meetings should be held in a
different place each time ?

The network for the implementation of Community
environment legislation is an informal one which involves
the Commission and the Member States in exchanges of
information and experience . This network operates under
the fifth programme and on the basis of work initiated in the
context of the ' Chester ' network . It has two plenary
meetings per annum, co-chaired by the Commission and the
presiding Member State, held in that Member State at the
latter's invitation . These meetings discuss the reports of the
working groups chaired by the Commission and the
Member States and general matters connected with the
organization of the network and the implementation of the
legislation .

The working groups are at present as follows :

— Group 1, chaired by Germany, on the technical aspects

of the licensing of industrial plants ;

— Group 2, chaired by the Commission, on the
implementation of the Directive concerning industrial
pollution ;

— Group 3, chaired by Denmark, on inspections ;

— Group 4, chaired by the Netherlands, which organizes

exchanges of inspectors between Member States ;

— and ad hoc group, chaired by the Netherlands, on the

monitoring of trans-frontier movements of waste .

These groups meet twice a year and submit their conclusions
to the plenary meetings which adopt their work

programmes .

Following two years of operation of the network on an
informal basis, it has been agreed that the Commission will
submit a report at the end of 1995 and that, on the basis of
this report, a decision will be taken as to whether or not to
make the network official .

WRITTEN QUESTION E-91 / 95

by Anita Pollack ( PSE )

to the Commission

(8 February 1995 )

( 95 / C 139 / 99 )

Subject : Asia strategy : town twinning

In its paper ' Towards a New Asia Strategy ' ('), the
Commission expressed support for town twinning and
C ) OJ No C 75, 27 . 3 . 1995, p . 53 . cultural exchanges with towns in Asian countries .

No C 139 / 58 EN Official Journal of the European Communities 5 . 6 . 95

Will there be any financial assistance available to facilitate
these efforts ?

1 1 ) COM(94 ) 314 final .

Is the Commission aware that the project is primarily being
sponsored by the Chinese Government and accords with the
latter's a policy on Tibet ?

Answer given by Sir Leon Brittan

on behalf of the Commission

Answer given by Mr Marin (6 March 1995 )
on behalf of the Commission

(3 March 1995 )

The paper ' toward a new Asia strategy ' mentions
encouraging decentralized cooperation as one of the policy
instruments for raising the Community profile and town
twinning or cultural exchanges as important activities to
overcome the lack of knowledge and of mutual
comprehension . The term ' decentralized cooperation ' has to
be extended not only to municipal institutions but also to
provincial and regional authorities ( local authorities ).

Up to now there is no specific budget line in support of town
twinning nor financing through European local authorities
in Asia, even if specific activities have been financed out of
the budget item B-73001 economic cooperation with Asian
developing countries, on the ground of mutual interest . The
' EC-Asia municipal environment cooperation programme '
launched in 1993 is the most recent initiative . It aims to

foster the transfer to Asian towns of planning and
management know-how already tested by European towns
in the urban and environmental fields .

The Commission is not considering, for the time being, the
establishment of a specific budget line in favour of activities
leading to closer relations between European and Asian
towns and local authorities .

The Pa Nam rural development project was approved by the
Commission on 11 November 1994 after having obtained
the unanimous support of all the Member States in the
PVD-ALA Committee on 19 October 1994 .

The project was selected and formulated on the one hand on
the basis of its potential for increased agricultural
production and on the other hand in order to respond to a
pressing need for improved social infrastructures such as
health, water supply and education .

The experts who carried out the project preparation study
had at each stage of the study contacts and discussions with
European non-governmental organizations ( NGOs ) active
in Tibet about their respective projects and experiences .
Experts involved in the formulation and evaluation of these
NGO projects have contributed to formulating the social
infrastructures components of the Pa Nam project .

When preparing the project, the Commission took fully into
account the lifestyle and eating habits of the local Tibetan
population . At each stage of the project preparation many
interviews were carried out with the inhabitants in an open
atmosphere and they have clearly shown a strong interest in
the project .

local authorities . The project was selected by the Commission itself amongst a

number of other project ideas put forward by the Chinese
authorities . It does not replace Chinese investments but
addresses a number of important, insufficiently addressed
issues, such as land development, training, more efficient
water use and the establishment of users ' groups and
organizations both in the field of agriculture and social
WRITTEN QUESTION E-94 / 95 infrastructures .

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(8 February 1995 )

( 95 / C 139 / 100 ) WRITTEN QUESTION E-96 / 95

by Philippe De Coene ( PSE )

Subject : Subsidization of project in the Pa Nam district of

Tibet

Is it true that the Commission wishes to grant ECU 7,6
million for an agricultural project in the Pa Nam district of
Tibet ?

If so, what were the criteria for accepting this project ?
Apparently, no NGO operating in the region has been
involved in planning it . Moreover, I understand that the
project conflicts with the way of life and diet of the Tibetans
concerned .

to the Commission

(8 February 1995 )

( 95 / C 139 / 101 )

Subject : Implementation of Article 40 of the Fourth

ACP-EEC Lomé Convention

In Article 40 of the Fourth Lomé Convention, the
Community undertook to provide technical information, at
the request of ACP States, on pesticides and other chemical
products to help them to promote appropriate and safe use
of these products .

5 . 6 . 95 I EN I Official Journal of the European Communities No C 139 / 59

Has the Community provided any information to ACP
States under the terms of this article ? If so, to which ACP
States and concerning which products ?

Answer given by Mr Pinheiro

on behalf of the Commission

WRITTEN QUESTION E-105 / 95

by Gordon Adam ( PSE )

to the Commission

(8 February 1995 )

95 / C 139 / 102 )

Subject : Nuclear production targets
( 28 February 1995 )

The Commission confirms its readiness, pursuant to
Article 40 of the Fourth Lomé Convention, to consider any
requests from the ACP States for information and technical
or financial assistance to ensure safer and more healthy
management of pesticides and other chemicals .

The Commission is financing a number of activities to help
attain this objective . They are financed from the
Commission budget under the heading covering
environment in the developing countries and comprise the
following :

— production of a pesticides data bank covering 29 African

countries,

— establishment of a compendium of the most appropriate

practices for controlling parasites as a guide to the
careful selection of pesticides,

— production of a descriptive guide to the active
ingredients in pesticides and their harmful effects,

— drafting of procedural guidelines for invitations to

tender for the supply of pesticides,

— preparation of papers on long-term and technical

planning with the aim of encouraging the introduction
of integrated parasite control in agricultural
development programmes,

— financial and technical assistance to all African

countries, in cooperation with Unitar ( United Nations
Institute for Training and Research ), for the
implementation of prior informed consent
procedures,

— technical support for all ACP States in implementing the

Basle Convention and designing national management
plans for dangerous chemicals .

For these preparatory and pump-priming activities intiated
by the Commission to be developed further and result in
follow-up operations in the field, the ACP States concerned
should confirm the priority they attach to improved
pesticide management .

The Euratom Treaty stipulates that ' the Commission shall
periodically publish illustrative programmes indicating in
particular nuclear production targets etc .'

Such a document, known as ' PINC ', was published for the
last time in 1984, with an update in 1990 .

As the Green Book for Energy Policy is about to be issued,
does the Commission intend to publish the PINC at the same
time, and if not, could a statement be made about when it
will be published ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 28 February 1995 )

The Commission is currently preparing the draft illustrative
programme for nuclear industries in Europe ( PINC ) as has
been announced and intends to adopt the PINC Programme
in the first half of 1995 . After adoption by the Commission,
the programme will be submitted to the economic and social
committee according to the provision of Article 40 of the
Euratom Treaty . Although the formal consultation of the
Parliament is not foreseen by the Euratom Treaty the
Commission will ensure that the Parliament receives timely
information on this issue .

WRITTEN QUESTION E-108 / 95

by Manuel Medina Ortega ( PSE )

to the Commission

(8 February 1995 )

( 95 / C 139 / 103 )

Subject : Industrial aspects of Poseican

Can the Commission state what stage the revision of the
Poseican programme for the Canary Islands has reached,
with particular regard to how it is being adapted to meet
the region's requirements in the field of industrial
development ?

No C 139 / 60 EN Official Journal of the European Communities 5 . 6 . 95

Answer given by Mr Santer
on behalf of the Commission

(3 March 1995 )

In accordance with Title V of the Poseican Decision, the
Commission is currently drawing up a progress report on
the implementation of the programme . The report is to
cover 1992 — 1994 ; it has been delayed pending the
conclusions of an inspection visit on the application of
commercial measures and the special supply

arrangements .

On the basis of the report, if appropriate, the Commission
will put forward any revision measures which may prove
necessary to achieve Poseican's objectives . If the industrial
aspect is to be adapted, all aspects of the Canary Islands '
economy will have to be taken into account . The new
economic and tax measures introduced by Canary Act
No 19 / 94, which is currently being scrutinized by the
Commission, will have to be taken into account . The
Commission must also assess the impact of the tax and
customs measures adopted under Regulation ( EEC )
No 1911 / 91 ( 1 ).

The Commission assures the Honourable Member that it is

well aware of the potential impact of revision of the
Poseican Programme on the economic development of the
Canary Islands and will act with all due care .

It should be stressed that for 1992 / 93 the structural

measures of Poseican were financed ( ECU 21 million ) from
non-Structural Funds resources, since the Poseican
Programme was established only after negotiations of the
Community support frameworks for 1989 / 93 had been
completed . Continued financing for most of the measures,
therefore, had to be drawn from Structural Funds
appropriations for 1994 — 1999, that is to say from the
financing for the Community support framework for Spain

( Objective No 1 1994 — 1999 ) and, exceptionally, from
Regis II .

f 1 ) OJ No L 171, 29 . 6 . 1991 .

WRITTEN QUESTION E-126 / 95

by Daniel Varela Suanzes-Carpegna ( PPE )

to the Commission

(8 February 1995 )

( 95 / C 139 / 104 )

for fisheries and to offer the portfolio to that applicant
State .

Norway's decision not to join the Union led to the abolition
of this post, with the responsibility for fisheries being added
to the portfolio of Emma Bonino which already comprised
consumer policy and the European Community
Humanitarian Office .

Is the Commission of the opinion that following Norway's
no vote, the fisheries sector is no longer important enough to
warrant the need for a Commission department of its own ?
If not, why was this portfolio not maintained ?

Why was it not assigned to a Spanish Commissioner, given
the importance of this sector in Spain and the letter's
importance in the Community ?

Answer given by Mr Santer
on behalf of the Commission

( 22 February 1995 )

The Commission would refer the Honourable Member to
the EC Treaty, and in particular the provisions relating to
the Commission ( Articles 155 to 163 ), and to the
Commissions rules of procedure (').

Members of the Commission, while being nationals of
Member States, are not representatives of their country of
origin but hold a European mandate defined by the Treaty .
Individual Members have political responsibility for the
areas entrusted to them by the Commission, but decisions
are taken by the Commission as a whole .

It is not true that it was decided to appoint a Member with
sole responsibility for fisheries and to offer that post to a
Member State, nor that when Norway decided not to join
that post was abolished and responsibility for fisheries was
attached to consumer policy and the European Community
Humanitarian Office . The fact that one Member has

responsibility for several policies does not enable
conclusions to be drawn as to the importance of one of
them . Most Members are responsible for several policies .

Portfolios are not assigned to Members of the Commission
on the basis of their nationality nor on the importance of a
political sector for a given Member State .

Subject : Reasons for the decision not to create a
Commissioner for fisheries following Norway's
failure to join the European Union (M OJ No L 230, 11 . 9 . 1993 .

In view of the possibility that Norway might joint the
European Union it was decided to create a Commissioner

5 . 6 . 95 I EN Official Journal of the European Communities No C 139 / 61

WRITTEN QUESTION E-140 / 95

WRITTEN QUESTION E-141 / 95

Thomas Megahy ( PSE ) by Thomas Megahy ( PSE )

to the Commission to the Commission

by Thomas Megahy ( PSE )

(8 February 1995 )

to the Commission

(8 February 1995 )

( 95 / C 139 / 105 ) ( 95 / C 139 / 106 )

Subject : Implementation of the health and safety
Subject : Aid to Cuba Directives

In answer to Written Question E-350 / 94 ( ), the In its reply to Written Question E-1771 / 93 ('), the
Commission informed the Parliament on 1 March 1994 that Commission stated that it had begun the detail analysis
the Commission evolution to of initiate the situation other actions in Cuba in will the light permit of the the needed States ' national to assess law the of correct the nine implementation health and safety into Directives Member .
Parliament's resolution ( on the embargo imposed on Cuba It also promised to devote all necessary resources to ensure a
and the Torricelli Act, 17 September 1993 ). Could the correct control of the transposition of the said Directives .
Commission give details of developments in economic Could the Commission report on its progress to date ?
cooperation between the European Union and Cuba since
this statement was made ? (') OJ No C 362, 19 . 12 . 1994, p . 2 .

(') OJ No C 367, 22 . 12 . 1994, p . 30 .

Answer given by Mr Flynn
on behalf of the Commission

(3 March 1995 )

Answer given by Mr Marin
on behalf of the Commission

(1 March 1995 ) The Commission attaches great importance to the
transposition and enforcement of the health and safety
Directives in the Member States and has devoted all

available resources to checking on the position in Member
States .

In addition to providing humanitarian aid ( via ECHO, the
European Community Humanitarian Office ) and financing
projects by non-governmental organizations ( to the tune of
ECU 2,4 million in 1994 ), since March 1994 the
Commission has undertaken several economic cooperation
projects aimed at supporting Cuban reforms and facilitating
moves to open up the country .

— Several Cuban projects have been approved under the

European Community Investment Partners ( ECIP )
Programme .

— In November 1994, the Commission assisted with

organizing a European pavilion at the Havana
international fair, with business representatives from 10
Member States .

— A study on water use and management in Havana is

under way .

— As part of a pilot project to train company managers,

around 125 Cubans will be taught the macro  - and
micro-economics of a market economy this year .

Other economic cooperation projects may be approved in
the next few months .

The Commission checks on transposition in two stages,
firstly checking on the communication of national
implementation measures and secondly checking the
conformity of these measures . For Directives which predate
Directive 89 / 391 / EEC on measures to encourage
improvements in the safety and health of workers at
work (') this procedure has been continued over a period of
years and infringement procedures have been undertaken as
appropriate .

On 13 December 1994, the Commission decided to refer to
the Court of Justice the failure by Member States to
communicate measures transposing Directive 89 / 391 / EEC
and a first set of individual Directives . Concerning the other
Directives, infringement proceedings have been initiated
and will be pursued until compliance with Community law
has been ensured .

The Commission has given priority to checking on the
conformity of the national measures implementing Directive

89 / 391 / EEC . This work is nearly completed and will allow
the Commission to proceed with the assessment of
transposition of the individual Directives based on this text
in the near future .

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

No C 139 / 62 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION E-l 54 / 95 WRITTEN QUESTION

by Maartje van Putten ( PSE ) by Noël Mamère ( ARE )

WRITTEN QUESTION P-155 / 95

by Maartje van Putten ( PSE )

to the Commission to the Commission

(8 February 1995 ) ( 20 January 1995 )

( 95 / C 139 / 107 ) ( 95 / C 139 / 108 )

Subject : Damage to sustainable development in Irian

Jaya

Is the Commission aware of the existence of the Freeport
gold-mine in Irian Jaya and its impact on the natural
environment, namely the silting-up of the drainage river and
constant alteration of the river's course, which is damaging
the coastal area ?

Is the Commission also aware of the impact on the local
Papua population, who are systematically excluded from
this important economic activity, and therefore are not only
unable to benefit from the developments but are also being
deprived of their traditional means of subsistence ?

Will the Commission contact the Indonesian Government

about this ?

Could the Commission start a project to help involve the
local Papua population in the development of the area on a
footing of equality ?

Answer given by Mr Marin
on behalf of the Commission

(7 March 1995 )

The Commission has no direct knowledge of the matters
referred to in the question .

The Commission programme of development cooperation
with Indonesia is concentrated on conservation and
sustainable management of the tropical forest . Although
this does not cover the region mentioned in the question, it
attempts to mobilise resources to help protect the
environment, maximising the effect of Community aid by
concentrating particularly on Sumatra and Kalimantan .

At the present time, the Commission is concentrating on the
setting up and implementation of these projects and is not
able to open new areas of operation .

Subject : Community legislation on hazardous waste

Given that the drafting of a Community List of Hazardous
Waste has been repeatedly postponed, and in view of the
problems encountered in finding a precise definition of
' waste ':

1 . What developments have there been in both the spirit

and the substance of European Directives on the
classification and methods of treatment of hazardous

waste ?

2 . What problems have been encountered in drawing up a

List of Hazardous Waste, and in particular how is
so-called ' stabilized ' waste classified in the text adopted
by the Council on 15 December 1994 ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 17 February 1995 )

Council Decision 94 / 904 / EC ( ) established a list of
hazardous waste pursuant to Article 1(4 ) of Council
Directive 91 / 689 / EEC ( 2 ), as amended by Council Directive
94 / 31 / EC ( 3 ), on hazardous waste ( the hazardous waste
Directive ). More than 230 waste types are classified as
hazardous in this Decision . The hazardous waste

classification was established on the basis of whether a

waste displays on or more of the properties listed in
Annex III to the hazardous waste Directive . The entries on

the list have been taken from the list of waste established,
pursuant to Article 1 ( a ) of Council Directive 75 / 442 / EEC on
waste ( 4 ), by Commission Decision 94 / 31 / EC of
20 December 1993 ( commonly referred to as the European
waste catalogue ). This list will be subject to periodic review
and revised whenever necessary .

The hazardous waste Directive does not set out provisions in
respect of different methods used to treat waste . However,
in its Articel 8(3 ) Member States are required to provide the
Commission with specific information, including methods
used to treat waste, for every establishment or undertaking
which carries out disposal or recovery of hazardous waste
principally on behalf of third parties . The Commission is
currently drafting the format in which such information is to
be provided .

The problems encountered in drawing up a list of hazardous
waste are well documented in the Commission's proposal to
amend Council Directive 91 / 689 / EEC on hazardous waste

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 63

and, in particular, its Article 1(4 ) ( 5 ). In essence, the problem
was drafting of Article 1(4 ) itself .

2, if so, what further steps should be taken by those in
charge of the project for this purpose ?

(') OJ No L 206, 22 . 7 . 1992, p . 7 .

Stabilized wastes do not feature in Council Decision ( 2 ) OJ No C 352, 12 . 12 . 1994, p . 43 .
94 / 904 / EC . Therefore, for the moment they are not
classified as hazardous waste . However, any waste which a
Member State considers displays hazardous properties will
be subject to a review procedure with a view to adaptation Answer given by Mrs

on behalf of the

of the list .

Answer given by Mrs Bjerregaard

on behalf of the Commission

') OJ No L 356, 31 . 12 . 1994 .

2 ) OJ No L 377, 31 . 12 . 1991 .

? ) OJ No L 168, 2 . 7 . 1994 .

4 ) OJ No L 194, 25 . 7 . 1975 .

5 ) OJ No C 271, 7 . 10 . 1993 .

WRITTEN QUESTION E-261 / 95

by Michl Ebner ( PPE ) and Agnes Schierhuber ( PPE )

to the Commission

( 16 March 1995 )

The Commission would be glad to receive further details of
the project .

Futhermore, since the brown bear is a priority species under
Council Directive 92 / 43 / EEC, it is possible to submit
specific projects in the framework of the LIFE Regulation .
The details of the procedure to be followed are clearly
indicated in the 1995 LIFE brochure, a copy of which is
forwarded to the Honourable Members and to the

Secretariat of the Parliament . Proposals for 1995 have to be
submitted by each Member State by 31 March 19 95 .

(9 February 1995 ) WRITTEN QUESTION E-262 / 95

( 95 / C 139 / 109 ) by Jannis Sakellariou ( PSE )

to the Commission

(9 February 1995 )

( 95 / C 139 / 110 )
Subject : Conservation and re-introduction of the brown

bear ( Ursus arctos ) in Italy and Austria

Subject : Reduction of pension entitlements during
residence abroad

Is the Commission aware of the project ' Egology and
protection of the brown bear in Slovenia ' and, in particular,
the telemetry project in the area where Slovenia, Austria and
Italy meet, which the University of Soil Cultivation in
Vienna, the Wild Animal Biology Society in Munich, the
Slovenian Forestry Institute and the Slovenian Hunting
Association have been carrying out since 1993 ?

Whereas the brown bear is listed as a priority species in
Council Directive 92 / 43 / EEC (') of 21 May 1992 on the
conservation of natural habitats and of wild flora and fauna,
a bear protection project in the neighbouring Carnic Alps

( Italy ) is already being funded from the Life Programme ( see
the Commission's reply to Written Question E-4065 / 93 ( 2 )
and a strategy for the long-term conservation of an
ecologically viable brown bear population in the area where
the three countries meet requires a thorough knowledge of
the habitats and of the animals ' seasonal and individual

behaviour,

1, would it be possible to study this project with a view to
possible financial support being provided from the Life
budget ;

According to the Federal Insurance Institution for
Employees, the pension entitlements of a German pensioner
may ' be reduced of may lapse ... for the duration of a
period of habitual residence abroad '.

Is this sweeping statement, which does not differentiate
between Member States and non-member States of the

European Union, false, and if so, why ?

Answer given by Mr Flynn
on behalf of the Commission

(8 March 1995 )

The Honourable Member is referring to information given
by the BfA ( the German social security system's pension
insurance institution for white-collar employees ).

This information, according to which pensions may be
reduced or may lapse when the beneficiary takes up
residence abroad, is very general . It may indeed be the case

No C 139 / 64 EN Official Journal of the European Communities 5 . 6 . 95

that under German national law a German pension is
reduced when the person concerned resides in a country
outside the European Union . However, where nationals of a
Member State or their survivors, regardless of their
nationality, reside in another Member State, Community
law, particularly Regulation ( EEC ) No 1408 / 71 ('), requires
their pensions to be paid without any reduction .
Furthermore, the EEA Agreement guarantees the same
rights, not only in all Member States, but also throughout
the EEA .

(') OJ No L 149, 5 . 7 . 1971 .

WRITTEN QUESTION E-269 / 95

by Gerardo Fernândez-Albor ( PPE )

to the Commission

(9 February 1995 )

( 95 / C 139 / 111 )

Subject : Retirement pensions for family administrators

Traditionally, one of the worst-off categories of working
people has been family administrators, usually known as
' housewives '.

Under the social legislation of most Member States, there is
virtually no social protection for these workers . It is
therefore not surprising that provisions on retirement
pensions for housewives — or family administrators — have
yet to be included in the social legislation of the Union .

What is the Commission's position on this matter ? Does it
have any plans to submit to the Member States legislative
proposals on retirement pensions for housewives, so that
they can enjoy all the benefits of general labour agreements
available to other working people in the various European
Union Member States ?

The establishment of a system of own rights as an alternative
to derived rights to social security would mean that
housewives are entitled to an adequate level of social
protection . The Directive was proposed by the Commission
on an optional basis, to try to encourage the Member States
to adapt their systems to changing family and social

structures .

The proposal is still pending before the Council, even
though it has been approved by the Parliament and
Economic and Social Committee . The Commission hopes
that a future Council Presidency will take up the matter with
a view to adopting the Directive .

(') COM(87 ) 494 final ; OJ No C 309, 19 . 11 . 1987 .

WRITTEN QUESTION E-276 / 95

by Alexander Langer ( V ) and Maria Aglietta ( V )

to the Commission

(9 February 1995 )

( 95 / C 139 / 112 )

Subject : Funding of colonization project in Tibet

According the press and French parliamentary sources, the
Commission intends to make a contribution of ECU 7,6
million to the People's Republic of China for a ' colonization
project ' in Tibet .

Is this so ?

If not, can the Commission confirm that any funds granted
by it to China will not be used for this purpose by the Beijing
regime ?

Answer given by Sir Leon Brittan

on behalf of the Commission
Answer given by Mr Flynn
on behalf of the Commission ( 10 March 1995 )

(8 March 1995 )

The Commission has examined the problem of housewives '
pensions with particular attention .

Although the Member States are competent for the
organization and operation of their social protection
schemes, the Commission's awareness of the problems faced
by housewives and others, as regards their pension rights,
led it to introduce, on 23 October 1987, a proposal for a
Directive complementing the implementation of the
principle of equal treatment for men and women in
social security schemes ('), to try to encourage the
individualization of social security rights .

The Commission confirms that the Pa Nam Rural

Development Project was approved on 11 November 1994
for an amount of ECU 7,6 million having obtained the
unanimous support of all the Member States in the
PVD-ALA Committee on 19 October 1994 .

The project is targeted on the ethnic Tibetan population and
will help increase food production and social well being by a
number of agricultural activities and through the
improvement of social infrastructures such as water supply,
health and education . The agricultural land is, and will
continue to be cultivated by the present Tibetan
population .

5 . 6 . 95 I EN Official Journal of the European Communities No C 139 / 65

Financing of the social infrastructures activities ( more than
40 % of the costs ) is foreseen to be implemented by one or
more European non-government organizations ( NGOs )
while the agricultural component will be implemented by a
professional consultancy firm from the Community . As is
the usual practice, all payments will be made directly to the
suppliers of goods or services or via the NGOs and the
consultancy firm .

expects to be able to respond by making a substantial
contribution, within the limits of the budget funds at its
disposal . It has not so far received any request in respect of
the Haïti parliament buildings . Should the matter arise, it
will be considered in the light of any other proposed
solutions and of Haiti's pressing social and economic needs
in many areas .

WRITTEN QUESTION E-279 / 95

by Magda Aelvoet ( V )
WRITTEN QUESTION E-277 / 95 to the Commission

by Maartje van Putten ( PSE )

(9 February 1995 )

to the Commission

( 95 / C 139 / 114 )
(9 February 1995 )

( 95 / C 139 / 113 )

Subject : New Senate building in Haïti

Democracy was restored in Haïti in September 1994 . The
Commission welcomed this development with approval and
resumed relations with Haiti, which had been frozen
following the military coup . An efficient parliament is an
essential requirement for the future of democracy . At
present, efficiency is being hampered owing to a lack of
suitable facilities . The building which houses the Chamber
of Deputies is too small, and there is no Senate building . The
Congressional Human Rights Foundation, a worldwide
network of parliamentarians ( including some from Haïti )
has stated that US$ 150 000 is urgently needed for a new
Senate building .

Is the Commission prepared to invest in democracy in Haïti
by providing a financial contribution of this size ?

Answer given by Mr Pinheiro

on behalf of the Commission

(3 March 1995 )

The Commission shares the Honourable Member's view
that if a democracy is to flourish it must have a parliament
with proper facilities in which to operate .

In the case of Haïti the Commission is already providing
substantial support for democracy and human rights
through a media assistance programme worth ECU 650 000
that is currently being implemented .

The Commission was recently asked to help finance the
parliamentary elections due to take place very shortly . It

Subject : Access to the courts for environmental
associations

The Commission asked Environmental Law Network —

International ( ELN-I ) to conduct a study of the access which
environmental associations have to the coasts . The study
ends with a proposal for a Directive on the subject .
However, nothing more has been heard of this initiative .

1 . When was the study completed ?

2 . Why has the Commission dropped this subject ?

3 . Why has no proposal been submitted for a Directive on
this subject ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 17 March 1995 )

The Commission is not aware of the study concerning access
to courts in environmental matters for environmental

non-governrrlental organizations to which the Honourable
Member refers .

The issue, however, is being investigated by the Commission
as part of broader consideration of how to improve the
transposition, application and enforcement of Community
environmental law .

The issue has also to be seen in the context of the principle of
subsidiarity and the wish to involve citizens in the
enforcement of environmental law . The starting point
remains that it is the Commission's obligation to ensure the
respect for Community law ( Article 155 EC Treaty ).

No C 139 / 66 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION E-280 / 95

QUESTION E-280 / 95 Commission agree that such measures, which serve to

Magda Aelvoet ( V ) confirm the traditional roles of men and women, are

to the Commission incompatible with the aim of achieving equal
opportunities ?

by Magda Aelvoet ( V )

(9 February 1995 )

( 95 / C 139 / 115 )

Will it take steps to encourage employers to contribute to
the childcare costs of both their male and female employees ?
Subject : Green Paper on remedying environmental If so, how ? Will it take action in this specific case ?
damage

In 1993, the Commission published its Green Paper on
remedying environmental damage ( 1 ), to which there was an
enormous response . The next step is supposed to be a White
Paper or a proposal for a Directive .

What measures has the Commission since taken in

connection with the Green Paper ?

(') COM(93 ) 47 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(7 March 1995 )

In so doing, will it bear in mind that the negotiating position
of trade unions vis-à-vis employers is often not strong
enough, and the mandate from their members often not
extensive enough, to obtain satisfactory childcare
arrangements for male as well as female employees ?

(') De Volkskrant, 12 and 13 January 1995 .

( 2 ) OJ No L 45, 19 . 2 . 1975, p . 19 .
(■') OJ No L 39, 14 . 2 . 1976, p . 40 .

Answer given by Mr Flynn
on behalf of the Commission

Following the many comments which were received in
reaction to this paper and the joint public hearing organized (8 March 1995 )
by the Parliament and the Commission on 3 / 4 November

1993, the Commission is now examining different options
for a Community system on environmental liability . This is
in line with the request by the Parliament ( resolution of Article 119 EC Treaty and Council Directive 75 / 117 / EEC
20 April 1994 ), that the Commission should submit a require equal pay for equal work and work of equal value .
proposal for a Directive on civil liability in respect of ( future ) Collective agreements must respect this rule ( Article 4 of
environmental damage . Directive 75 / 117 / EEC ). The concept of pay is interpreted

broadly and would encompass any financial support given
to employees by employers, for whatever reason . Therefore,
the collective agreement in question may well be in breach of
Community law on equal pay . If this is so, the possibility of
WRITTEN QUESTION E-281 / 95 an infringement of Council Directive 76 / 207 / EEC does not

by Nel van Dijk ( V ) arise .

to the Commission

(9 February 1995 )

( 95 / C 139 / 116 )

Subject : Exclusion of fathers from Dutch collective labour

agreement childcare scheme

Under the collective labour agreement for the metal and
electrical engineering industry in the Netherlands female
employees are eligible for financial assistance towards the
cost of childcare ( ! ). Male employees are excluded from this
scheme . Is this form of positive action compatible with
Directives 75 / 117 / EEC ( 2 ) ( equal pay for men and women )
and 76 / 207 / EEC ( 3 ) ( equal treatment as regards access to
employment ).

This and other collective labour agreements containing
similar provisions place the responsibility for childcare on
women, be they female employees or the female partners of
male employees in the industry concerned . Does the

The Commission recalls the provisions of Council
recommendation 92 / 214 / EEC (') on childcare urging
Member States to encourage increased participation of men
in family duties ( Article 6 ). The Commission believes that
greater involvement of men in family life is an essential
dimension of equal opportunities and is a cornerstone in the
policy of reconciliation of working and family life, as
described in the third action programme on equal
opportunities for women and men .

As regards employer contributions towards childcare for
male and female employees, Article 3.5 of recommendation
92 / 214 / EEC aims to encourage financial contributions
towards childcare from various sources, including
employers .

The Commission does not plan to intervene in this case, as
all those affected by the collective agreement are at liberty to

5 . 6 . 95 I EN Official Journal of the European Communities No C 139 / 67

test the validity of its provisions under national and
Community equality law .

The Commission appreciates that the negotiation of
collective agreements may be extremely taxing on the parties
involved, but insists that fundamental rights enshrined in
Community law be observed at all times .

The Honourable Member will in addition have noted that

the Commission decided on 22 February 1 9 95 to consult the
social partners on the reconciliation of professional and
family life ( 2 ).

Has the Commission measured the risks involved in

granting the loan and does it not believe that it should
discontinue the funding in the light of the points outlined
above ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 10 March 1995 )

on The Honourable Member is referred to the Commission's
family life ( 2 ). answers to Written Questions Nos 94 / 95 (') from Mr

Vandemeulebroucke and 276 / 95 from Mr Langer and Mrs
(') OJ No L 123, 8 . 5 . 1992 . Aglietta ( 2 ).

( 2 ) Press Release IP / 95 / 151 .

WRITTEN QUESTION E-302 / 95

(') See page 58 of this Official Journal .

( 2 ) See page 64 of this Official Journal .

WRITTEN QUESTION E-303 / 95

by Amedeo Amadeo ( NI )

by Amedeo Amadeo ( NI )
to the Commission

(9 February 1995 )

to the Commission

(9 February 1995 )

( 95 / C 139 / 117 ) ( 95 / C 139 / 118 )

Subject : EU aid to China and sinicization of Tibet

The US$ 8,8 million granted by the European Union to fund
a cooperation project in Tibet is in fact being used to finance
a Chinese rural development project in the Panam valleys,
where the Tibetan peasants have their own irrigation
system, manuring the land with yak dung and employing the
traditional method of fallowing : the fields are sown with
barley or left uncultivated, according to a system of rotation .
In the prevailing circumstances, there is a danger that the
end effect of the aid will be to promote Chinese
colonization, destroying the old ways .

As part of the Chinese project, new irrigation systems are to
be introduced, and wheat grown instead of barley, using
fertilizers and pesticides, the aim being to turn the whole
valley area into a ' bread basket ' for Chinese consumers . It
would seem that the hidden purpose of modernization is
colonization, in keeping with the gradual ' sinicization of
Tibet '.

Until recently there were only 60 Chinese living in the
Panam region, but hundreds have arrived in anticipation of
the project and the fact that new homes are being built gives
reason to suppose that others will follow . What is more,
peasants are fined very heavily when they refuse to use
fertilizers and pesticides .

There is grave anxiety about the future of the environment :
the land is fertile, but the soil stratum is very thin in this
mountainous region and intensive farming might sap its
goodness to such an extent that the valleys would become a
desert .

Subject : Consumer protection

Under the price indication system currently in force in the
EU, Member States may grant exemptions to the effect that
the price per unit of measurement need not be shown when
the products in question are sold in a standard range of sizes
or in the range of sizes habitually used in the country
concerned ( the arrangement applies for a transitional period
ending on 7 June 1995 ).

In the first place, because products come in so many
standard package sizes and the market is one on which there
are both European and national standard sizes, it is difficult
for consumers to compare prices . Furthermore, consumer
protection with regard to price-tags implies that the price
per unit of measurement must be stated .

Can the Commission say why the existing system has been
extended for four years and what from of Regulation it
intends to impose in the future ?

Answer given by Mrs Bonino

on behalf of the Commission

( 14 March 1995 )

The mechanism initiated in 1979 and supplemented in

1988, which provides for a close link between price
indications, notably the unit price, and pre-packaged
ranges, turned out to be very complex for the Member States
to implement .

With an eye to making the existing law more effective and in
deference to the principle of subsidiarity, the Commission

No C 139 / 68 EN Official Journal of the European Communities 5 . 6 . 95

announced in November 1993 that it was keen to simplify
the mechanism . Hence review of the Directives relating to
price indications was the subject of wide ranging
consultations during 1994 . The revised mechanism should
enhance consumer protection, notably as regards
information on product prices .

However, the reform of the existing regime should be
conducted in tandem with a review of the existing regime
peratining to pre-packaged ranges . The Commission sees it
as its duty to take into account all the relevant interests in its
forthcoming proposals .

The proximate expiry of the transitional period provided for
in the existing mechanism led the Commission to propose a
conservative-type measure, pending a decision on the future
regime . This is the raison d'etre of the proposal for a
Directive ( 1 ), which provides for extending by four years the
initial deadline of 7 June 1995 for the transitional
period .

This proposal is currently being examined by Parliament,
Council and the Economic and Social Committee .

(M COM(94 ) 431 final .

WRITTEN QUESTION E-309 / 95

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

to the Commission

(9 February 1995 )

( 95 / C 139 / 119 )

Subiect : European energy market

Energy is one of the few economic sectors in which a proper
Community policy has yet to be established, although it is
essential for the European Union to set up an effective
internal energy market which meets the required criteria of
efficiency, environmental compatibility and security of
supply .

There are no reasons for treating energy as an industrial
sector other than that it should be incorporated into existing
Community rules in order to ensure free competition .
Energy is an essential factor in the competitiveness of
industry and, in the absence of an open, integrated market,
the distortions within the Union would become increasingly

apparent .

Is the Commission not considering taking any action in the
immediate future in the form of a liberalization of the energy
market, which should be based on the reciprocity principle
in order to prevent situations in which, for example, a
Member State becomes a major player in the export sector
whilst protecting its own domestic market ?

Answer given by Mr Papoutsis

on behalf of the Commission

(3 March 1995 )

The Commission shares the view of the Honourable

Members that it is absolutely essential to establish an
effective internal energy market . The Commission
committed itself in a working document (') in 1988 to
achieving this objective . This is done by applying the rules of
the Treaty, in particular the rules on competition, by work
in the standardization sector and by legal measures based on
Article 100a of the EC Treaty .

In this context Directives have been adopted on the transit of
electricity ( 90 / 547 / EEC ) ( 2 ) and gas ( 91 / 296 / EEC ) (*)
through grids, on the transparency of gas and electricity
prices ( 90 / 377 / EEC ) ( 4 ) and on authorization for the
prospection, exploration and production of hydrocarbons
( 94 / 22 / EC ) ( 5 ).

A second stage in the process of liberalization consisted of
the proposals for Directives concerning common rules for
the internal market in electricity and natural gas, which were
submitted by the Commission on 21 February 1992 and
then amended on 8 December 1993 to take account of the
first reading in Parliament ( A ). These Directives provide for
the liberalization of the market in electricity generation ( via
the two procedures of authorization and tendering ) and the
supply of gas and electricity via the system of third party

access .

The Directive concerning the internal electricity market is
currently before the Council which has to reach a common
position before analysing the Directive on natural gas .

At the same time the Commission has initiated infringement
proceedings before the Court of Justice against five Member
States ( Spain, France, Ireland, Italy and the Netherlands )
concerning the maintenance of exclusive import and export
rights for gas and electricity and it has stepped up its action
in the development of trans-European energy networks, on
the basis of Article 129b of the EC Treaty, which should
benefit from all the potential offered by liberalization in the

sector .

Finally, the Commission adopted a green paper on energy
policy in January 1995 ( 7 ), which has already been
submitted to Parliament and should provide the
opportunity for an in-depth debate in the months ahead .

(') ' The internal energy market ', 2 May 1988, COM(88 ) 238

final .

( 2 ) OJ No L 313, 13 . 11 . 1990 .
H OJ No L 147, 12 . 6 . 1991 .

( 4 ) OJ No L 185, 17 . 7 . 1990 .

( 5 ) OJ No L 164, 30 . 6 . 1994 .

( 6 ) COM(93 ) 643 final .

( 7 ) COM(94 ) 659 .

5, 6 . 95 EN Official Journal of the European Communities No C 139 / 69

WRITTEN QUESTION E-311 / 95

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

to the Commission

WRITTEN QUESTION E-313 / 95

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

to the Commission

( 13 February 1995 ) ( 13 February 1995 )

95 / C 139 / 120 ) ( 95 / C 139 / 121 )

Subject : Transport of goods by road
Subject : Military exports

The regulation on exports of items with a dual application

( both military and civilian ) does not state the countries in
respect of which export controls are to be applied but does
allow each Member State scope to apply a stricter control
policy . However, the regulation does not offer greater
flexibility in the case of items useable for military purposes
against countries such as Algeria, the People's Republic of
China, the Lebanon, etc .

In view of the above, and given the importance of the issue,
is the Commission not considering taking any action to
clarify not just the spirit but also the actual rules contained
in the Regulation in order to prevent any possible
advantage-taking ?

Answer given by Mr Van den Broek

on behalf of the Commission

The suspension of the TIR arrangements in respect of the
transport of cigarettes and alcoholic beverages on account,
of excessive fraud and the consequent decision by the
insurance companies to stop providing insurance for the
international transport of such products certainly does not
prevent the transport thereof since it is possible to use the
normal Community transport procedures . In view of this it
is essential, despite the constant increase in organized crime,
for the governments of the Member States to apply
safeguard measures promptly in order to protect customs
transit arrangements and, in particular, the TIR
arrangements in force in 50 countries .

Could the Commission take decisive action not just to
safeguard the road transport sector but, in particular, to
protect international trade and the economy as a whole ?

Answer given by Mr Monti
on behalf of the Commission

(2 March 1995 ) (6 March 1995 )

The Community's system for control of exports of dual-use
goods (') which was approved by the Council on
19 December last year, comprises a Regulation based on
Article 1 1 3 of the EC Treaty and a Decision on joint action
under Article J. 3 of the Treaty on European Union .

Among the annexes to the Decision on the joint action are a
common list of destinations in respect of which simplified
formalities may apply ( Annex II ), and an agreement on
guidelines for consideration by Member States when
deciding whether to grant export authorization ( Annex III ).
The Regulation and the Decision on joint action, together
with the annexes, constitute an integrated system for export
control . These two legal instruments therefore provide
Member States with an effective means of controlling
exports of dual-use goods from the Community .

The Commission shares the Honourable Members ' concern

over the current difficulties facing the TIR system,
particularly the arrangements for transporting tobacco and
alcohol .

Although the Community and EFTA do have an alternative
customs transit procedure for transporting these goods, the
Commission is aware that the current situation is affecting
international trade, especially with the countries of central
and eastern Europe .

The Commission also intends to participate in work on
overhauling the TIR Convention, due to start soon under
the auspices of the European Commission for Europe . It will
foucus on improving the security of the TIR system and the
way the international guarantee works, particularly for
sensitive goods .

Hence the Commission sees no need for clarification of As a result, it is working closely with the Member States and
either the stipulated rules or the spirit of the system . international bodies responsible for the TIR arrangements

to try to find a prompt solution to outstanding difficulties
(M COM ( 92 ) 317 final ; OJ No C 253, 30 . 9 . 1992 . and their encourage checks in this Community area more customs effective authorities . to make

No C 139 / 70 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION P-317 / 95 would seem preferable to speed up the latter . The

by Heleria Torres Marques ( PSE ) Commission is ready to give Parliament any help it may need

in this respect .
to the Commission

( 30 January 1995 )

( 95 / C 139 / 122 )

Subject : Publication of answers to questions

The Commission regularly publishes the answers to
Members ' questions in the Official Journal of the European

Communities . However, publication takes place a year and
a half after the questions are asked and obviously, as a result
of this time-lag, many of the answers are no longer
relevant .

Is there any reason why these answers cannot be published
more quickly ?

Since it would clearly be useful if the questions and answers
were available sooner, is it possible that this information
will be made accessible in a form other than the Official

Journal at an earlier date ?

Answer given by Mr Oreja
on behalf of the Commission

WRITTEN QUESTION E-344 / 95

by Richard Balfe ( PSE )

to the Commission

( 13 February 1995 )

( 95 / C 139 / 123 )

Subject : Strengthening law enforcement and the
administration of justice in developing countries in
relation to the drugs trade

In the light of concerns in the Andean region that certain
drug control legislation and practices are contributing to
human rights violations, as does the drug trade, what
measures can the Commission take or propose to assist these
countries in improving the effectiveness and fairness of their
drug control legislation ?

Answer given by Mr Marin
( 16 February 1995 ) on behalf of the Commission

(2 March 1995 )

The Commission has reviewed its procedures and is
applying them more rigorously so as to speed up its answers
to written questions . The average time taken to answer
written questions in 1994 was seven weeks and two days .
The Commission intends to cut this to six weeks as desired

by Parliament .

The Commission fulfils its obligation towards Parliament

( Article 140 of the EC Treaty ) by giving answers to
Members of Parliament . A copy of the answer is
immediately transmitted to Parliament . Moreover, each
week the Commission distributes a document containing all
the previous week's questions and answers, which is sent to
Parliament and made available to the press . Questions and
answers are listed with documentary reference material

( without text ) in the Celex base, which is open to the
public .

Parliament arranges for questions and answers to be
published ( Rule 42 of the Rules of Procedure ) by the

( inter-institutional ) Publications Office . The Commission
transmits the answer in all Community languages to
Parliament, which in turn sends them for publication in the
Official Journal . As a rule they are published within a
fortnight after being sent .

Given the likely cost of alternative publication by the
Commission in parallel with publication by Parliament, it

In recent years, the Community has granted assistance to the
fight against drugs by countries of the Andean region by way
of financial assistance under budget item B7-5080 and by
way of special trade privileges under the GSP scheme . The
latter have just been renewed until end-1997 . The financial
assistance granted over the past few years has principally
been in the area of prevention and reduction of demand for
illicit drugs, and to some lesser extent for alternative
development projects . The UNDCP ( United Nations Drug
Central Programme ) has often been associated with those
projects .

In recent years, the authorities of the Andean countries have
been pursuing better defined, more integrated strategies for
combatting illicit drugs . In that context, their legislation and
judicial systems have had to be adapted so as to enhance the
tools available to the authorities to fight drug-related
criminal activities . The Community, while welcoming the

much hardened approach of these countries to their
drug-related problems, has not involved itself in legal issues
and in the extent to which human rights violations might
have occurred in implementing this new legislation or, more
generally, in adopting a tougher attitude vis-à-vis illicit
drugs .

The European Union has often condemned the illicit
production, processing and trafficking of drugs, and the

5 . 6 . 95 PËNU Official Journal of the European Communities No C 139 / 71

associated violence . The illicit drugs trade damages innocent
individuals and undermines democracy and the rule of law .
The European Union has repeatedly emphasized, in the
framework of the institutionalized dialogue with the
countries of Eatin America, the importance it attaches to the
respect for human rights .

WRITTEN QUESTION P-388 / 95

by Hiltrud Breyer ( V )

to the Commission

(6 February 199 S )

( 95 / C 139 / 124 )

Subject : Lack of evidence for the EU's claims in respect of

the competitiveness of European genetic
engineering and biotechnology

1 . What is the basis for the Commission's claim that

Directive 90 / 219 / EEC (') has an adverse effect on the
international competitiveness of the Union ?

Is this claim based on Member States ' disappointing
experience with the Directive ? Which Member States have
had this experience ? To what extent is their experience
shaped by the Directive ?

2 . In accordance with Article 18(3 ) of Directive
90 / 219 / EEC, the Commission should have submitted a
summary report of its experience to Parliament in 1993 .
Why has it not yet done so ?

When will this report be submitted ? When will the
Commission submit the report pursuant to Directive
90 / 220 / EEC ( 2 ), which was also due in 1993 ? When will the
Commission honour its undertaking to consult Parliament
in good time on amending Directive 90 / 219 / EEC ? When
will it consult Parliament on document XI / 506 / 94-rev.3 ?

3 . Why is the Commission discussing amending the
Directive before the report pursuant to Article 18(3 ) of
directive 90 / 219 / EEC is drawn up or even published ?

(') OJ No L 117, 8 . 5 . 1990, p . 1 .
(-) O J No L 1 17, 8 . 5 . 1990, p . 17 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(8 March 1995 )

1 . The Commission has assessed competitiveness on the
basis of different indicators, such as number of patents,

development of innovative medicinal products, investment
flows, number of firms, employment, R&D expenditures,
etc . None of the available indicators place the
Community-based biotechnology industry in a leading
position vis-a-vis its international competitors . For instance,
in recent years, there has been a systematic and major net
investment outflow ; data from the specialized literature
show that since 1988 at least ECU 2 800 million have been

invested by Community firms in the US . In addition, the
bulk of the large investment outflow from non-Community
European countries is to the US despite the proximity of the
Community market .

While the regulatory framework is only one among several
factors impacting on competitiveness, some Member States
and the Commission have identified redundant

regulations .

Member States have, at the European Council in Corfu and
at the Industry Council in September 1994, underlined the
need to improve the competitiveness of European
biotechnology and have endorsed the conclusions and
recommendations made by the Commission in its
communication of 1 June 1994 on biotechnology and the
white paper (').

2 . The summary reports referred to in Article 18(3 ) of
Directive 90 / 219 / EEC and Article 22(2 ) of Directive
90 / 220 / EEC were transmitted to Parliament on 3 March

1995 .

Regarding the Commission's proposal to amend Directive
90 / 219 / EEC, Parliament should give an opinion after the
Commission has made a formal proposal . The document
cited is a working document on which the Parliament is not
consulted .

3 . According to Article 18(3 ) of Directive 90 / 219 / EEC
the Commission should publish a summary based on the
reports submitted by Member States .

Since Article 18(2 ) does not oblige the Member States to
report any problems encountered with the implementation
of Directive 90 / 219 / EEC, the reports submitted by the
Member States focused mainly on the measures taken for
implementation of Directive 90 / 219 / EEC .

In any case there is no direct link between the content of the
reports and the Commission's intention to propose an
amendment to Directive 90 / 219 / EEC, since any
amendments should be the result of scientific progress as
indicated in the Commission's communication on

biotechnology and the white paper .

(') CO M ( 94 ) 219 final .

No C 139 / 72 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION P-406 / 95

by Christian Jacob ( RDE )

to the Commission

(7 February 1995 )

( 95 / C 139 / 125 )

Subject : Imports of preserved and prepared tuna and

chunks thereof originating from certain Latin
American countries

Council Regulation ( EC ) No 3282 / 94 (') extended into
1995 the application of Regulations ( EEC ) No 3835 / 90 ( 2 )
and ( EEC ) No 3900 / 91 ( 3 ) applying tariff preferences
granted to certain Latin American countries . Moreover,
Venezuela was included on the list of countries benefiting
from suspension of Common Customs Tariff duties .

With regard to preserved and prepared tuna and chunks
thereof falling within CN codes 1604 14, 1604 19 31,

1604 19 39 and 1604 20 70, covered by all the above
Regulations concern, can the Commission confirm :

1 . that the quantity of 20 000 tonnes mentioned in Article

7(3 ) of Regulation ( EEC ) No 3833 / 90 does in fact refer
to all products falling under those codes and originating
from all the countries referred to in Regulations ( EEC )
No 3835 / 90 and ( EEC ) No 3900 / 91, namely Bolivia,
Columbia, Ecuador, Peru, Venezuela in the former
Regulation, and Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua and Panama in the latter, and not
to 20 000 tonnes per country ?

2 . that prepared and preserved tuna falling within CN

codes 1604 14 14, 1604 14 18, 1604 19 39 and

1604 20 70 originating from the same countries is in fact
chargeable against the import quota provided for under
the common organization of the market ( Regulation

( EEC ) No 3900 / 92 ) ( 4 )?

3 . Can the Commission also state what steps it has taken to
ensure sufficiently accurate monitoring of imports of
prepared and preserved tuna and chunks thereof into the
Community from the abovementioned 1 1 Latin
American countries and thus to determine the date on

which those imports will reach a total of 20 000 tonnes,
i.e . the date on which customs duties must be

reintroduced ?

quantity triggering the safeguard clause set out in Article
7(1 ) of the Regulation in respect of any country whose
preferential imports reach that level . Being by its very nature
not generalized but selective, the safeguard clause can have
legal application only in respect of a beneficiary country
which has been duly shown to be the cause of the injury .

2 . Yes . Imports of prepared and preserved tuna covered
by the quantity in question ( the whole of CN code 1604 14
plus CN code 1604 20 70 ) are indeed charged against the
quota provided for by Commission Regulation ( EEC )
No 3900 / 92, as last amended by Regulation ( EC )
No 3267 / 94 ( 2 ).

3 . In close cooperation with the customs authorities of
the Member States, the Commission has set up special
arrangements for monitoring the quantities that are released
for free circulation under cover of preferential treatment .
The frequency for reporting on the quantities by the
Member States — normally monthly — may be speeded up
as the level of preferential imports rises .

(') OJ No L 370, 31 . 12 . 1990 .

( 2 ) OJ No L 339, 29 . 12 . 1994 .

WRITTEN QUESTION P-407 / 95

by Nikitas Kaklamanis ( RDE )

to the Commission

(7 February 1995 )

( 95 / C 139 / 126 )

Subject : Excavations at the Siva Oasis

Archaeological remains of major significance have been
discovered in the desert close to the Siva Oasis .

The conclusion being drawn is that they are the remains of
the tomb of Alexander the Great, a discovery of tremendous
importance both for Greek and European civilization as a
whole .

Will the Commission provide immediate funding for the
(') OJ No L 348, 31 . 12 . 1994, p . 57 . excavations so that research can progress swiftly and

( 2 ) OJ No L 370, 31 . 12 . 1990, p . 126 effectively ?

( ! ) OJ No L 368, 31 . 12 . 1991, p . 11 .

( 4 ) OJ No L 392, 31 . 12 . 1992, p . 26 .

Answer given by Mr Oreja
on behalf of the Commission
Answer given by Mr Marin
on behalf of the Commission (3 March 1995 )

(3 March 1995 )

1 . No . The 20 000 tonnes referred to in Article 7(3 ) of
Regulation ( EEC ) No 3833 / 90 (') as amended by
Regulation ( EEC ) No 3835 / 90, as last amended by
Regulation ( EC ) No 3282 / 94, represents a reference

The Commission is not officially informed about the
archaeological discoveries in the desert close to the Siva
Oasis and their significance in relation to the possibility that
they are linked with the remains of the tomb of Alexander
the great .

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 73

The Honourable Member is well aware that, within the
framework of Article 128 of the EC Treaty, any Community
action should aim to encourage and, if necessary, to support
and supplement the action of Member States in the field of
cultural heritage .

As there is no knowledge of such an initiative, at official
level, the Commission cannot take into consideration the
Honourable Member's request .

service, quality of services, technical standardization and the
services that could be reserved .

(') COM(95 ) 26 final .

WRITTEN QUESTION P-437 / 95

by Ingo Friedrich ( PPE )

to the Commission

( 10 February 1995 )

WRITTEN QUESTION E-413 / 95 (9 SIC 139 / 128 )

by José Gil-Robles Gil-Delgado ( PPE )

to the Commission

( 17 February 1995 )

( 95 / C 139 / 127 )

Subject : Community policy on postal services

At its meeting of December 1993, the Telecommunications
Council called on the Commission to draw up by 1 July
1994 a Community policy on postal services and, in
particular, measures ' containing the definition of the
universal service, describing the obligations of the providers
of the universal service and defining the services which could
be reserved '.

The Commission has not yet presented an official proposal
on this matter, which is of great economic and social
importance, although over seven months have passed since
the deadline set by the Council .

Why has the Commission not carried out the mandate
assigned to it by the Council ? Can the proposal in question
be submitted for adoption at the next Council meeting in

June 1995 ?

Answer given by Mr Bangemann

on behalf of the Commission

( 24 March 1995 )

After the Council resolution of 7 February 1994 an
extensive consultation with all interested parties was
undertaken . The Commission then began the preparation of
concrete proposals . However the complexity of the problem
required a thorough assessment of a large range of legal,
competition and economic aspects which did not allow the
conclusion of the Commission's work in 1994 .

For this reason the establishment of a regulatory framework
for postal services is to be found in the Commission's work
programme for 1995 C ). The proposed regulatory
framework will include definitions of the common universal

Subject : Subsidies for German coal production

1 . Are the annual subsidies for German coal production
pursuant to the ' Artikelgesetz ' — currently DM 7,5 billion
per annum — an infringement of the European
Communities ' general ban on subsidies, given that
Germany's Federal Constitutional Court has banned the
previous subsidy ( the special coal tax )?

2 . Do the subsidies for coal production in Germany
constitute a distortion of competition in violation of the
principles of the Community ?

3 . What scope does the Commission see for a total or
partial ban on these subsidies ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 28 February 1995 )

1 . After consulting the ECSC Consultative Committee
and the European Parliament and obtaining the uanimous
assent of the Council, the Commission issued Decision
No 3832 / 93 / ECSC on 28 December 1993 on Community
rules for State-aid to the coal industry (')• Under Article 2(1 )
of this Decision aid may be considererd compatible with the
proper functioning of the common market provided it helps
to achieve at least one of the following objectives :

— to make, in the light of coal prices on international

markets, further progress towards economic viability
with the of achieving degression of aids ;

— to solve the social and regional problems created by total

or partial reductions in the activity of production
units ;

— to help the coal industry adjust to environmental

protection standards .

In accordance with Article 9 of this Decision aid is subject to
annual authorization . The Commission has not yet

No C 139 / 74 EN Official Journal of the European Communities 5 . 6 . 95

therefore reached a decision on the aid of DM 7,5 billion set
aside by the German Government for 1996 .

In approving aid for 1994 of DM 5,8 billion as part of the
electricity-from-coal law, amounting to a levy of 8,5 %

( Kohlepfennig ), the Commission took account of the
pressing need to alleviate the social and regional
consequences of restructuring in the coal industry as far as
possible . As regards the methods of financing the aid, the
Commission would note that, under Article 2(2 ), on expiry
of a transitional period ending on 3 1 December 1 996, with a
view to increasing transparency, aid may be authorized only
if it is entered in the Member States ' national, regional or
local public budgets or channelled through strictly
equivalent mechanisms .

2 . Article 9(7 ) of Decision No 3632 / 93 / ECSC provides
that the arrangements existing at 3 1 December 1993, which
are linked to arrangements between producers and
consumers, such as the ' Jahrhundertvertrag ', exempted

under Article 85(3 ) of the EC Treaty and / or authorized
under Article 65 of the ECSC Treaty, must be amended by
31 December 1996 to bring them into line with this
Decision .

3 . The Commission will assess the compatibility of the
aid to the coal industry for 1 996 with the proper functioning
of the common market as part of the obligatory annual
notification procedures pursuant to Article 9 ( 1 ) of Decision
No 3632 / 93 / ECSC .

C ) OJ No L 329, 30 . 12 . 1993 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(8 March 1995 )

The Community has several pieces of legislation establishing
air quality standards for specific pollutants including
sulphur dioxide ( Directive 80 / 779 / EEC ) (') nitrogen
dioxide ( Directive 85 / 203 / EEC ) ( 2 ) and low-level ozone

( Directive 93 / 12 / EEC ) C ). Furthermore, in 1994 the
Commission submitted to Parliament and the Council a

proposal for a new framework Directive on air quality ( 4 ).
Within the context of the framework Directive the

Community will establish air quality standards for a
significant number of pollutants .

The current and future Community legislation is directed at
atmospheric pollutants known to have an effect on human
health and or the environment . Some of these pollutants will
indeed contribute to symptoms such as sore eyes, headaches
etc . for those living in inner cities and may also contribute to
the general background smell of polluted air . However,
none of the pollutants are regulated because of their
olfactory impact . Furthermore, it is unlikely within the near
future that the Commission would bring forward proposals
specifically for the control of smells or odours in cities . The
origin of such odours is extremely complicated and involves
interactions between sewage, refuse disposal, traffic fumes
etc . The control of such nuisances is the responsibility of
local authorities .

(M OJ No L 229, 30 . 8 . 1980 .
(') OJ No L 87, 27 . 3 . 1985 .
(■') O ) No L 297, 13 . 10 . 1992 .

( 4 ) CO M ( 94 ) 109 final ; O J No C 216, 6 . 8 . 1994 .

WRITTEN QUESTION E-442 / 95

by Christine Oddy ( PSE )

to the Commission

( 22 February 1 995 )

WRITTEN QUESTION P-438 / 95 ( 95 / C 139 / 130 )

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

( 10 February 1995 )

( 95 / C 139 / 129 )

Subject : Unpleasant odours in the urban environment

Does the Commission have a system for controlling
unpleasant odours in the urban environment ? If so, could it
provide some information about it, if not, what action does
it plan to take in this area ?

Subject : Torture in Sri Lanka

Given that three men have just been granted leave by the
Supreme Court to make an application for redress for
allegations of torture, and the island newspaper on

1 October reported allegations of secret torture camps to be
investigated by the Minister of Justice, torture still appears
to be too widespread in Sri Lanka .

Will the European Union therefore provide financial
assistance to the Sri Lanka Government to set up a
systematic human rights training programme for the police
and the security forces ?

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 75

Answer given by Mr Marin
on behalf of the Commission

WRITTEN QUESTION E-461 / 95

by Johanna Maij-Weggen ( PPE )
( 16 March 1 995 ) to trie Commission

( 22 February 1995 )

( 95 / C 139 / 132 )
The Commission welcomes the Sri Lanka Government's

commitment to improvements in the human rights situation
and is prepared to consider requests for financing of human Subject : Women staff in the Commission
rights training programmes for the police and the armed
forces in Sri Lanka .

How many men and women are employed in each
Directorate-General ?

How are they broken down by job group per
Directorate-General ?

WRITTEN QUESTION E-448 / 95

by Christine Crawley ( PSE )

to the Commission

( 22 February 1995 )

( 95 / C 139 / 131 )

Subject : Union aid to the Shigatse Area of Tibet

I have received a number of representations from
constituents expressing concern about the European
Union's aid to the Shigatse Area of Tibet . While we welcome
assistance to the well-being of Tibetan communities living in
the area, we are concerned about some aspects of the project
to be assisted . Concerns are that there would appear to be a
lack of consultation with local Tibetans, that no
environmental and social impact study seems to have been
arried out, and that the ownership or future ownership of
the land appears to be in question and that there are no clear
guarantees about local peoples ' access to the land . Would
the Commission consider these concerns and state whether

it is satisfied with the conditions surrounding the project ? If
it finds it is not satisfied with the current situation, would it
indicate how it might take steps to bring about change for
the better ?

Answer given by Sir Leon Brittan

How many men and women are employed as EU delegates
or ambassadors in third countries, and where are women
delegates / ambassadors stationed ?

Will the Commission kindly provide precise answers to
these questions and not refer to various files where the
answers can be found ?

Answer given by Mr Liikanen

on behalf of the Commission

( 23 March 1995 )

In view of the length of its answer, the Commission is
sending it direct to the Honourable Member and to
Parliament's Secretariat .

WRITTEN QUESTION E-496 / 95

by Fausto Bertinotti ( GUE / NGL )

to the Commission

( 27 February 1995 )

( 95 / C 139 / 133 )

on behalf of the Commission Subject : Health at work

( 17 March 1995 )

The Honourable Member is referred to the Commission's

answers to Written Questions Nos 94 / 95 from Mr
Vandemeulebroucke ( x ) and 276 / 95 from Mr Langer and
Mrs Aglietta ( 2 ).

(') See page 58 of this Official Journal .
( 2 ) See page 64 of this Official Journal .

Road works, especially tarring and waterproofing work,
may cause the workers involved to become seriously ill or
die as a result of exposure to asbestos, silica and polycyclic
hydrocarbons .

What Community legislation provides for protection of
workers in the road works sector ?

Will the Commission provide a list of legislation governing

health protection standards for workers in the iron and
rubber industries, who are also in contact with similar
carcinogenic substances ?

No C 139 / 76 EN Official Journal of the European Communities 5 . 6 . 95

Answer given by Mr Flynn WRITTEN QUESTION E-648 / 95
on behalf of the Commission

by Hedwig Keppelhoff-Wiechert ( PPE )
( 13 March 1995 ) to the Commission

( 10 March 1995 )

The Community has, mainly from 1980 onwards, built up a ( 95 / C 139 / 135 )
comprehensive body of legislation dealing with the
protection of workers ' health and safety at the workplace .
This legislation mostly takes the form of Directives Subject : EU funds for the district of
containing provisions to be implemented by employers and 10 years
Member States with a view to protecting the health of
workers exposed to various hazards ( physical, chemical, 1 . Can the Commission state from
biological, organizational, etc .) at work . Two of these or was EU funding provided over
Directives are concerned respectively with the protection of district of Miinster ( Borken, Coesfeld
workers against asbestos and against carcinogenic agents in and the City of Miinster ), indicating
general . the recipient projets and

Subject : EU funds for the district of Miinster over the last

10 years

A publication brought out recently by the Commission

( Social Europe 3 / 93 ) contains all the instruments adopted in
this context ; a copy is being sent directly to the Honourable
Member and to the Secretariat-General of Parliament .

It must be emphasised, however, that the activities to which
the Honourable Member explicitly refers, namely road
works and work in the iron and rubber industries, are not
dealt with individually within the said legislative
framework, but are covered horizontally .

1 . Can the Commission state from what programmes is
or was EU funding provided over the last 10 years for the
district of Miinster ( Borken, Coesfeld, Steinfurt, Warendorf
and the City of Miinster ), indicating the level of funding and
the recipient projets and distinguishing between
programmes requiring the entry of supplementary
appropriations in ' Land ', federal or municipal budgets
and programmes and funds which do not depend on
the mobilization of supplementary public budget
appropriations ot become effective ?

2 . Which EU funds and programmes are mobilized by
means of supplementary budget appropriations and, of
these, which are a source of funding for the Miinster district
and which are not ?

Answer given by Mr Santer
on behalf of the Commission

(7 April 1995 )

WRITTEN QUESTION E-497 / 95

by Fausto Bertinotti ( GUE / NGL ) The Commission is collecting the information it needs to
to the Commission answer the question . It will communicate its findings as

( 27 February 1995 ) soon as possible .

( 95 / C 139 / 134 )

Subject : Protection of ' lesser kestrels ' in the Matera rock

faces ( Sassi )

The ' lesser kestrel ', the only bird of its species to nest in
colonies in urban areas, is dying out . The largest colony of
such birds, in Matera rock faces ( Italy ), is seriously
threatened .

Will the Commission state what measures it intends to take,
in conjunction with the commune of Matera and / or the
Basilicata region, to save the ' lesser kestrel '?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 28 March 1995 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

WRITTEN QUESTION E-741 / 95

by James Nicholson ( PPE )

to the Commission

( 13 March 1995 )

( 95 / C 139 / 136 )

Subject : Alleged export of ' leg-irons ' from the UK

A current affairs programme on British network television
has recently revealed that equipment manufactured in the
UK is being exported and used as a form of torture in certain
countries . It appears that oversized cuffs and linking chains,
which could be used for the purposes of leg-irons, are able to
evade UK export controls and are subsequently exported
abroad .

Does the Commission intend to investigate the revelations
contained in the ' Dispatches ' programme ?

Will the Commission propose appropriate legislation to
ensure better safeguards and controls are established

5 . 6 . 95 EN Official Journal of the European Communities No C 139 / 77

throughout the European Union, thus preventing
manufacturers exploiting loopholes in national
legislation ?

Answer given by Sir Leon Bnttan

on behalf of the Commission

interests and remind the United States of its duty to comply
with international trade rules ? When will such action be

taken ?

Answer given by Sir Leon Brittan

( 30 March 1995 ) on behalf of the Commission

( 20 March 1995 )

The Commission has contacted the United Kingdom
authorities in order to obtain information with regard to the
alleged exports .

In the light of this information the Commission will take a
decision on the most appropriate steps to prevent
manufacturers exporting goods devised for or used for
purposes of torture .

In its reply to Written Question No 664 / 92 by Mr Wayne
David ( 1 ) the Commission already indicated that everything,
depending upon circumstances, can become an instrument
of torture even if originally it has not been devised for such a

purpose .

There are therefore clear limitations to what can be done by
legislation to prevent the export of goods that are eventually
used for purposes of torture .

(') OJ No C 247, 24 . 9 . 1992 .

WRITTEN QUESTION P-788 / 95

by Blaise Aldo ( RDE )

to the Commission

(2 March 1995 )

( 95 / C 139 / 137 )

Subject : Agressive tactics by the United States on the

banana market

Disregarding the principles established by the new World
Trade Organization, which came into being on 1 January

1995, principles which were endorsed by the United States
itself, the latter recently informed the Commission of its
intention to take unilateral retaliatory measures against the
European Union in connection with the common
organization of the market in bananas, under Section 301 of
the Trade Act .

In view of the retaliatory measures envisaged by the US
Administration against a list of European products
currently being drawn up, what initiatives and measures
does the Commission intend to take to protect Community

The United States has not, as yet, taken any measures which
are incompatible with its obligations under the World Trade
Organization ( WTO ).

In accordance with Section 301 of the United States Trade

Act of 1974, an investigation into the effects of the
Community banana regime on American trade and
economic interests was initiated last October at the request
of Chiquita Brands International and the Hawaii Banana
Producers Association . On 9 January, the United States
Trade Representative published a so-called preliminary
decision that the Community banana regime harmed
American interests . He also invited the public to identify
specific European goods and services against which
retaliatory trade action could be taken if appropriate . This
publication has no direct effect on Community interests .

However, neither in his announcement, nor in the letter
which he wrote to the Commission the same day, did the
United States Trade Representative mention the WTO .
Under the rules of Section 301, the United States is obliged,
in the case of a final positive finding that American interests
are adversely affected, to bring the matter to dispute
settlement under the WTO unless it is determined that the

problem falls outside the scope of the WTO . As the
Commission immediately replied, the reference to ' possible
trade retaliation ' was very disturbing . Under the rules of the
WTO, no retaliatory measure, whether on goods or services,
is permitted except following WTO dispute settlement
procedures .

The Commission will continue to insist that the rights of the
Community under the WTO be fully respected . The
Commission does not believe that in the first months of

existence of the WTO, the United States will flout its
procedures . The member of the Commission responsible for
relations with North America and the common commercial
policy and the United States Trade Representative discussed
this issue in depth at the end of January . Although those
talks were inconclusive, it was agreed that consultations
between officials, started some weeks ago, should continue
in order to try and arrive at a solution . Parliament will of
course be kept informed of developments .

No C 139 / 78 EN Official Journal of the European Communities 5 . 6 . 95

WRITTEN QUESTION E-869 / 95

by Anne-Marie Schaffner ( RDE )

WRITTEN QUESTION E-889 / 95

by Sir Jack Stewart-Clark ( PPE )

to the Commission to the Commission

( 29 March 1995 ) ( 29 March 1995 )

( 95 / C 139 / 138 ) ( 95 / C 139 / 139 )

Subject : Organization of the postal sector in the European

Union

At the instigation of France, a debate was launched in 1989
on the organization of the postal sector within the Twelve,
which have become the Fifteen .

After the adoption of three European Parliament resolutions
in 1993, in its resolution of 7 February 1994 i 1 ) the Council
laid down four objectives for the Commission ( durable
guarantee of the provision of a universal service, opening up
the postal market to greater competition, future rules based
on transparency and a future framework to be the subject of
an agreement between the Council and Parliament ) in order
to improve the structure of the Community postal sector .
The Commission was to make proposals before 1 July

1994 .

On the basis of these facts, can the Commission give the
reasons for this delay and indicate the stage reached in its
deliberations on this delicate matter ?

(') OJ No C 48, 16 . 2 . 1994, p . 3 .

Subject : Export of equipment for the purposes of torture

There have been allegations that companies within the
European Union are continuing to promote and sell
equipment to security forces which are used for torture .
Equipment includes leg irons and electric shock batons .

Can the Commission confirm, or otherwise, whether this is
the case and, if so, what measures it intends to take to put an
end to this trade ?

Answer given by Sir Leon Brittan

on behalf of the Commission

Answer given by Mr Bangemann ( 12 April 1995 )

on behalf of the Commission

( 12 April 1995 )

The Commission would refer the Honourable Member to its

answer to Written Quellen No 413 / 95 by Mr Gil-Robles
Gil-Delgado (').

(') See page 73 of this Official Journal .

The Commission would refer the Honourable Member to

its answer to Written Question No 741 / 95 by Mr
Nicholson ( M.

(') See page 76 of this Official Journal .