Source: EURLEX
Language: en
Format: md

# Official Journal

## of the European Communities

#### English edition Information and Notices

ISSN 0378-6986

### C90

Volume 34

8 April 1991

Notice No

91/C90/01

91/C90/02

91/C90/03

91/C90/04

91/C90/05

91/C90/06

91/C90/07

91/C90/08

91/C90/09

91/C90/10

Contents Page

I _Information_

European Parliament

_Written Questions with answer_

No 1333/89 by Mr Llewellyn Smith to the Commission
Subject: Recycling of waste paper 1

No 161/90 by Mr Joachim Dalsass to the Commission
Subject: Should the GDR's application for accession be considered before that of Austria? . . . . 1

No 287/90 by Mr Gianfranco Amendola to the Commission
Subject: Recruitment of trainees 2

No 302/90 by Mr William Newton Dunn to the Commission
Subject: Road safety 3

No 313/90 by Mr Juan Bandres Molet to the Commission
Subject: Application of Regulation (EEC) No 426/86 to the production of dried fruits in the
Mediterranean Member States of the EEC 3

No 463/90 by Mr Jean-Pierre Raffarin to the Commission
Subject: Community support frameworks and partnership 3

No 492/90 by Mr Juan de la Camara Martinez to the Commission
Subject: Fight against desertification 4

No 503/90 by Mr Floras Wijsenbeek to the Commission
Subject: Calculation of remuneration 5

No 669/90 by Mr Ferruccio Pisoni to the Commission

Subject: Essential commodities given to charities for Poland 5

No 673/90 by Mr Giulio Fantuzzi to the Commission
Subject: The use of straw in the paper industry 6

(Continued overleaf)

Notice N o Contents (continued) Page

91 / C 90/11 N o 752/90 by M r H e m m o Muntingh to the Commission

Subject: Possibilities for developing measures for the protection of the monk seal in the context
of the common fisheries policy 6

91 / C 90/12 N o 962/90 by M r Jaak Vandemeulebroucke to the Commission

Subject: Cost of German reunification for the EC 7

91 / C 90/13 N o 1592/90 by M r Gerard Deprez to the Commission

Subject: Impact of German unification on structural funds 7

Joint answer to Written Questions Nos 962/90 and 1592/90 8

9 1 / C 9 0 / 1 4 N o 1010/90 by Mrs Solange Fernex, M r Paul Lannoye, Mrs Eva Quistorp, M r

Antoine Waechter, M r Gianfranco Amendola and M r Gerard Monnier-Besombes to

the Commission

Subject: The protection of the remaining wedands 8

9 1 / C 90/15 N o 1015/90 by M r Bernard Thareau to the Commission

Subject: Follow-up to Parliamentary resolutions on the water engineering project involving the
Loire and its tributaries 9

91 / C 90/16 N o 1064/90 by M r Jens-Peter Bonde to the Commission

Subject: Safety of ships 10

9 1 / C 90/17 N o 1131/90 by M r Kenneth Stewart to the Commission

Subject: Tragedy of the Scandinavian Star 10

Joint answer to Written Questions Nos 1064/90 and 1131/90 10

91 / C 90/18 N o 1093/90 by Mrs Raymonde Dury to the Commission

Subject: Report on ILO-EEC relations 11

9 1 / C 90/19 N o 1243/90 by M r Henry McCubbin to the Commission

Subject: Application procedures for 'A' grades within the Commission 11

91 / C 90/20 N o 1409/90 by M r Victor Manuel Arbeloa Muru to the Commission

Subject: Aid for the creation of a Palestinian bank 12

9 1 / C 90/21 N o 1468/90 by Mrs Astrid Lulling to the Commission

Subject: Importation and free movement among the Member States of receivers for parabolic
antennae 12

9 1 / C 90/22 N o 1510/90 by Mrs Raymonde Dury to the Commission

Subject: Risk of social dumping as a result of a judgment by the European Court of Justice . . . . 13

91 / C 90/23 N o 1523/90 by M r Alain Pompidou to the Commission

Subject: The implementation of a cooperation policy with regard to the countries of Eastern
Europe 14

9 1 / C 90/24 N o 1563/90 by M r Jean-Pierre Raff arm to the Commission

Subject: Cooperation between third sector undertakings 14

9 1 / C 90/25 N o 1566/90 by Mrs Nicole Fontaine to the Commission

Subject: Regulations governing imports of electric motors 15

9 1 / C 90/26 N o 1573/90 by Mrs Mary Banotti to the Commission

Subject: Aid to Romania 16

Notice No Contents (continued) Page

91/C 90/27 No 1635/90 by Mrs Dorothy Piermont to the Commission
Subject: Harmonization of the right of asylum 16

91 /C 90/28 No 1663/90 by Mr Victor Arbeloa Mum to the Commission
Subject: Exchanging information on combating unemployment 17

91 /C 90/29 No 1664/90 by Mr Victor Arbeloa Muru to the Commission
Subject: Regional authorities and Community authority 18

91 /C 90/30 No 1681 /90 by Mrs Guadalupe Ruiz-Gimenez Aguilar to the Commission
Subject: The generalized system of preferences in Latin America 18

91 /C 90/31 No 1687/90 by Mr Virginio Bettini to the Commission
Subject: Failure to act on the part of the Commission 19

91/C 90/32 No 1779/90 by Mr Paul Staes to the Commission
Subject: Violation of the Ramsar Convention 19

91/C 90/33 No 1784/90 by Mr Eisso Woltjer and Mrs Annemarie Goedmakers to the

Commission

Subject: Monitoring of fisheries policy 20

91 /C 90/34 No 1815/90 by Mr Filippos Pierros to the Commission
Subject: Meeting the costs of flight delays 21

91/C 90/35 No 1834/90 by Mr Joaquim Miranda da Silva and Mr Carlos Carvalhas to the
Commission

Subject: Involvement of Portuguese local authorities in die management of regional
programmes 21

91/C 90/36 No 1836/90 by Mr Carlos Carvalhas to the Commission
Subject: Resider programme 22

91/C 90/37 No 1838/90 by Mrs Annemarie Goedmakers and Mr John Tomlinson to the
Commission

Subject: Recovery of wrongful payments within the framework of the common agricultural
policy 23

91 /C 90/38 No 1843/90 by Mr Jean-Pierre Raffarin to the Commission
Subject: Long-term unemployment 23

91/C 90/39 No 1852/90 by Mr Karl von Wogau to the Commission

Subject: Advertising for group travel in France 24

91/C 90/40 No 1866/90 by Mr Juan Garaikoetxea Urriza to the Commission
Subject: Article 10 of the ERDF Regulation 24

91/C90/41 No 1881/90 by Mrs Solange Fernex to the Commission

Subject: Veterinary officials' assistants in slaughterhouses 25

91/C 90/42 No 1903/90 by Sir James Scott-Hopkins to the Commission

Subject: Payment of mileage allowances for Commission staff 25

91/C 90/43 No 1906/90 by Mrs Marie-Christine Aulas, Mrs Brigitte Ernst de la Graete,
Mr Eugenio Melandri, Mr Marco Taradash and Mr Wilfried Telkamper to the
Commission

Subject: Financial aid to Papua New Guinea 26

(Continued overleaf)

Notice No Contents (continued) Page

91/C90/44

91/C90/45

91/C90/46

91/C90/47

91/C 90/48

91/C90/49

91/C90/50

91/C90/51

91/C90/52

91/C 90/53

91/C90/54

91/C90/55

91/C90/56

91/C90/57

91/C90/58

91/C90/59

91/C90/60

91/C 90/61

91/C90/62

No 1935/90 by Mr Gerardo Fernandez-Albor to the Commission
Subject: Intensification of Community policy in the field of aquacukure 27

No 1936/90 by Mr Gerardo Fernandez-Albor to the Commission
Subject: Standard Community-wide employment contract for students on work experience
programmes _27_

No 1944/90 by Mrs Marie-Claude Vayssade to the Commission
Subject: The profession of psychoanalyst and preparations for 1992 28

No 1955/90 by Mr Willem van Velzen to the Commission
Subject: Refusal by the Commission to pay unemployment benefit to a former member of staff 28

No 1966/90 by Mr Eugenio Melandri and Mrs Marie-Christine Aulas to the
Commission

Subject: Development project in Western Samoa 29

No 1972/90 by Mrs Christine Oddy to the Commission
Subject: EC trade with India, Punjab and Kashmir 29

No 1991/90 by Mrs Raymonde Dury to the Commission
Subject: Court of Justice: Case 96/80 30

No 2002/90 by Mr Gijs de Vries to the Commission
Subject: Council and Commission committees 30

No 2003/90 by Mr Gijs de Vries to the Commission
Subject: Proceedings under Article 169 in the broadcasting sector 30

No 2022/90 by Mrs Raymonde Dury to the Commission
Subject: Collection of fines imposed by the Commission 31

No 2023/90 by Mrs Raymonde Dury to the Commission
Subject: Protection for mortgagor 31

No 2026/90 by Mrs Christine Crawley to the Commission
Subject: Gender participation in Erasmus 32

No 2044/90 by Mrs Michele Alliot-Marie to the Commission
Subject: Compensation for the disadvantages of sheep farming in mountainous regions 32

No 2053/90 by Mr Ernest Glinne to the Commission

Subject: Community aid to Guatemala 33

No 2068/90 by Mr Elmar Brok to the. Commission
Subject: Acquisition of the US firm Rorer by Rhdne Poulenc Same 34

No 2078/90 by Mr Richard Simmonds to the Commission
Subject: Directive on the Conservation of Wild Birds 1979 35

No 2084/90 by Mrs Pauline Green to the Commission
Subject: Employer and public liability insurance 35

No 2089/90 by Mr Madron Seligman to the Commission
Subject: Repayment of Greek withholding tax 35

No 2113/90 by Mr Gijs de Vries to the Commission
Subject Antitrust treaties between the US and EC Member States 36

Notice No Contents (continued) Page

91/C 90/63 No 2115/90 by Mr Floras Wijsenbeek to the Commission
Subject: Compensation for West German road hauliers 36

91 /C 90/64 No 2119/90 by Mrs Christine Crawley to the Commission
Subject: Dignity of women and men at work 37

91/C 90/65 No 2125/90 by Mr Ernest Glinne to the Commission
Subject: Obligation to take part in 'self-defence' patrols in Guatemala 37

91 /C 90/66 No 2128/90 by Mr Peter Crampton to the Commission
Subject Compensation for agricultural workers 38

91/C 90/67 No 2132/90 by Mr Gijs de Vries to the Commission
Subject: Legal status of residents of Hong Kong and Macao 39

91/C 90/68 No 2143/90 by Mrs Raymonde Duty to the Commission
Subject: Use of the 'human development indicator' devised by the United Nations 40

91 /C 90/69 No 2147/90 by Mrs Christine Crawley to the Commission
Subject: Irish language 40

91/C 90/70 No 2152/90 by Mr Jean-Pierre Raffarin to the Commission
Subject: Transport of pleasure boats on the roads 40

91/C 90/71 No 2154/90 by Mrs Marijke Van Hemeldonck to the Commission
Subject: Safety of cyclists; compulsory wearing of cycle helmets 41

91/C 90/72 No 2166/90 by Sir James Scott-Hopkins to the Commission

Subject: Draft directive for the adaption of working time 41

91/C 90/73 No 2168/90 by Mr Jean-Claude Pasty to the Commission
Subject: The spread of swine fever in Belgium 42

91/C 90/74 No 2169/90 by Mr Ernest Glinne to the Commission

Subject: Representation of the Community in the occupied territories of Palestine 42

91/C 90/75 No 2177/90 by Mr Hans-Gert Poetteringto the Commission

Subject: Right of members of the armed forces to form associations 42

91/C 90/76 No 2193/90 by Mrs Christine Crawley to the Commission
Subject: VAT and charities 43

91/C 90/77 No 2200/90 by Mrs Mary Banotti to the Commission
Subject: European News Channel 43

91/C 90/78 No 2255/90 by Mr Pannella to the Commission

Subject: Consequences of Community and national measures to assist less-favoured regions in
Italy 44

91 /C 90/79 No 2260/90 by Mr Dieter Rogalla to the Commission

Subject: Leisure time activities of European citizens 44

91/C 90/80 No 2292/90 by Mr Verwaerde to the Commission

Subject: The overseas departments and the Sixth VAT Directive 45

(Continued overleaf)

Notice No Contents (continued) Page

91/C90/81

91/C90/82

91/C90/83

91/C90/84

No 2294/90 by Mr Pol Marck to the Commission
Subject: Interpretation of Regulation (EEC) No 3094/86 45

No 2301/90 by Mr Virginio Bettini and Mr Mario Melis to the Commission

Subject: Rechar Community initiative 46

No 2304/90 by Mr Virginio Bettini to the Commission

Subject: ERDF contributions 46

No 2318/90 by Mrs Maartje van Putten to the Commission
Subject: Local authority development cooperation projects 47

91/C90/85 No 2322/90 by Mrs Claudia Roth to the Commission
Subject: Systematic annual AIDS testing and examination of EC employees and officials for
AIDS 47

91/C90/86

91/C90/87

91/C90/88

91/C90/89

91/C90/90

91/C90/91

91/C90/92

91/C90/93

91/C90/94

91/C90/95

91/C90/96

91/C90/97

91/C90/98

No 2324/90 by Mr Yves Verwaerde to the Commission
Subject: Community policy on teaching and the mutual recognition of diplomas 48

No 2338/90 by Mrs Raymonde Dury to the Commission
Subject: Economic convergence and the Gulf crisis 48

No 2366/90 by Mrs Raymonde Dury to the Commission
Subject: Arrangements concerning debt repayment by the Third World 49

No 2394/90 by Mr Herman Verbeek to the Commission
Subject: Illegal use of hormones for livestock fattening 49

No 2419/90 by Mr Dimitrios Dessylas to the Commission
Subject: Major ecological damage caused by energy-generating projects being carried out by the
Greek Electricity Board on the Akhel6os (Aspropotamos) River in Greece 50

No 2437/90 by Mr John Bird to the Commission

Subject: War pensions 51

No 2439/90 by Sir James Scott-Hopkins to the Commission
Subject: Work of the'mega-merger' unit 51

No 2440/90 by Sir James Scott-Hopkins to the Commission
Subject: Financial aid for Christian buildings 51

No 2443/90 by Mr Gerardo Fernandez-Albor to the Commission
Subject: Increase in Community aid for the preservation of the architectural heritage 52

No 2444/90 by Mr Gerard Fernandez-Albor to the Commission
Subject: Community code of penalties for damage to forests caused by arsonists 52

No 2463/90 by Mr Gerard Monnier-Besombes to the Commission
Subject: Specific provisions for the protection of the brown bear within the framework of the
IMPs 53

No 2468/90 by Mr Miguel Arias Canete to the Commission
Subject: Implementation of the EEC — Guinea-Bissau fisheries agreement 53

No 2481 /90 by Mr Jean-Marie Alexandre to the Commission
Subject: Programme of Options Specific to the Remote and Insular Nature of the French
Overseas Departments (Poseidom) 54

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91/C90/112

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91/C90/116

Contents (continued) Page

No 2486/90 by Mrs Cristiana Muscardini to the Commission
Subject: Trafficking' in children from the Third World in the form of adoption 55

No 2487/90 by Mrs Cristiana Muscardini to the Commission
Subject: Checks on students with Mediterranean anaemia 55

No 2491/90 by Mrs Cristiana Muscardini to the Commission
Subject: Carcinogenic exhaust fumes from petrol and diesel engines 55

No 2500/90 by Mr Lyndon Harrison to the Commission
Subject: Social security offices in the United Kingdom 56

No 2506/90 by Georgios Romeos to the Commission
Subject: Exclusion of Greek farmers from the ESC 56

No 2511 /90 by Mr Jean-Pierre Raff arm to the Commission
Subject: Composition of a monitoring committee 56

No 2535/90 by Mr Yves Verwaerde to the Commission
Subject: Patents 57

No 2536/90 by Mr Yves Verwaerde to the Commission
Subject: Right to vote for and stand for election to municipal councils 57

No 2551/90 by Mr Fernando Suarez Gonzalez to the Commission
Subject: Funding for young worker exchange schemes 58

No 2563/90 by Mrs Mary Banotti to the Commission
-Subject: VAT on books 58

No 2590/90 by Mr Alonso Puerta to the Commission
Subject: The unsupervised rubbish dump in Arguinariz (Navarra, Spain) 58

No 2594/90 by Mr Jose Barros Moura to the Commission
Subject: Delay in the payment of ESF appropriations for 1989 59

No 2598/90 by Mr Joaquin Sis6 Cruellas to the Commission
Subject: Community subsidies for shelters for AIDS sufferers 59

No 2608/90 by Mr Bernard Antony to the Commission
Subject: Education, vocational training and youth policy 60

No 2632/90 by Mr Ernest Glinne to the Commission
Subject: Taxation of audio and video appliances 60

No 2651 /90 by Mr Stephen Hughes to the Commission
Subject: Zero rates of VAT 61

No 2659/90 by Mrs Winifred Ewing to the Commission
Subject: Comparability of social workers' qualifications 61

No 2660/90 by Mrs Winifred Ewing to the Commission
Subject: Exchange of information on social work structures and qualifications 61

(Continued overleaf)

Notice No Contents (continued) Page

91/C90/117 No 2718/90 by Mr Bruno Megret and Mr Jean-Marie Le Chevallier to the

Commission

Subject: Report of the Committee of Inquiry into Racism and Xenophobia 62

91 /C 90/118 No 2728/90 by Mr Miguel Arias Caflete to the Commission
Subject: Community monitoring of objects manufactured from precious metals 62

91 /C 90/119 No 2746/90 by Mr Pedro Canavarro to the Commission
Subject: Implementation of the directive on the education of the children of migrant workers in
Spain and Portugal 63

91 /C 90/120 No 2748/90 by Mr Pedro Canavarro to the Council
Subject: Declarations regarding the adoption of the directive on the education of the children of
migrant workers 63

91 /C 90/121 No 2749/90 by Mr Carlos Robles Piquer to the Commission
Subject Breakdown of grants to Andalusia within the Community support framework 64

91 /C 90/122 No 2784/90 by Mrs Raymonde Dury to the Commission
Subject: Community support for European cultural diversity 64

91/C 90/123 No 2794/90 by Mr Filippos Pierros to the Commission

Subject: Establishment and implementation of a Community policy on books 64

Joint answer to Written Questions Nos 2784/90 and 2794/90 64

91 /C 90/124 No 239/91 by Mr Pierre Lataillade to the Council

Subject: Technical measures for the conservation of fishery resources 65

8. 4. 91 Official Journal of the European Communities No C 90/1

###### I

_(Information)_

##### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1333/89

by Mr Lewellyn Smith (S)

to the Commission of the European Communities

_(22_ _January 1990)_

(91/C 90/01)

_Subject:_ Recycling of waste paper

Has the Commission considered a proposal to make it
mandatory for newsprint manufacturers to include
recycled waste paper in the production of newsprint and,
if this proposal is being considered, what percentage of
the product will recyled material represent and what is the
target date for the regulation?

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

_(16 February 1990)_

The Commission has not yet considered a proposal for
mandatory use of recycled paper for newsprint.

The Council recommendation of 3 December 1981
concerning the reuse of waste-paper and the use of
recycled paper (') includes in its requirements the use of
recycled paper and cardboard containing a high
percentage of mixed waste-paper where feasible.

O OJNoL355,10.12.1981, p. 56.

WRITTEN QUESTION No 161/90

by Mr Joachim Dalsass (PPE)

to the Commission of the European Communities

_(8 February 1990)_

(91/C 90/02)

_Subject:_ Should the GDR's application for accession be
considered before that of Austria?

According to press reports, the President of the
Commission Jacques Delors and the Vice-President,
Martin Bangemann have stated that a request by the GDR
for accession to the European Community would be
welcomed at any time, adding that, by way of exception,
the accession of the GDR could take place before the
completion of the internal market, which was not,
however, the case for other countries such as Austria.

Much as the process of democratization in the Eastern
Bloc countries is welcomed by all, the general
interpretation placed on the second part of the above
statement has provoked widespread surprise and
indignation, since it constitutes a blatant form of
discrimination in the way in which different applications
for accession are treated.

1. Does the Commission really consider that the GDR
should be given priority for accession to the
Community?

2. Does it not consider that this is a blatant form of
discrimination against a genuinely democratic central
European country such as Austria, which applied for
membership last year?

No C 90/2 Official Journal of the European Communities 8. 4. 91

3. Does ist not consider that the applications for
accession should be considered and dealt with in the
order in which they are submitted, if the applicants
fulfil the necessary conditions?

4. Given that doubts were immediately expressed from
many quarters because of Austria's neutrality which, it
was argued, would make the European Community's
envisaged security policy harder to achieve, does the
Commission now take the view that questions of
security in the European Community can be
guaranteed more effectively by the accession of the
GDR or has it wholly or partly abandoned this
objective in the light of developments in the Eastern
Bloc countries?

Answer given by Mr Andriessen
on behalf of the Commission

_(5 September 1990)_

The two cases are not comparable. Austria is a
non-member country, whereas the GDR has always
enjoyed a special status in the Community under the
relevant provisions of the Treaty.

Trade between the Federal Republic of Germany and the
German Democratic Republic has always been seen as
German internal trade and therefore as part of the
internal market.

The GDR will shortly take advantage of Article 23 of the
Basic Law. The forthcoming unification of Germany has
not hindered European integration or made the process of
working towards political union more difficult, but given
it new impetus.

WRITTEN QUESTION No Z87/90

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(19_ _February 1990)_

(91/C90/03)

_Subject:_ Recruitment of trainees

The Commission frequently recruits young Europeans
for brief periods as trainees.

1. What are the recruitment procedures for such
traineeships?

2. What are the criteria for recruitment?

3. How does the Commission ensure that sufficient

information is made available in die various Member
States concerning application procedures?

Answer given by Mr Delors
on behalf of the Commission

_(30 May_ _1990)_

1 and 2. Traineeships are governed by rules adopted by
the Commission in 1976.

Admission criteria

According to these rules, applicants must meet the
following objective conditions before they can be
admitted to the selection procedure:

(a) possession of a university degree or a diploma
equivalent to a university degree awarded at the end
of a full course of study, or

(b) successful completion of at least four years (eight
semesters) of university study.

(c) they must be under 30 years of age,

(d) they must have a thorough knowledge of one
Community language and a satisfactory knowledge
of one other.

Preselection criteria

Applicants are selected on the basis of qualifications and
care is taken to ensure that there is a geographical spread.
Preference is determined by:

— the results obtained by applicants during their studies,

— whether or not applicants have completed or begun a
course in the field of Community integration or,
where appropriate, Community law.

Recruitment

The names of the applicants thus preselected are
circulated among the Commission departments enabling
them to choose those they consider most suitable for
recruitment. The number of trainees recruited depends on
the budgetary resources available.

3. The existence of traineeships at the Commission is
well known in university circles in the Member States and,
indeed, in a large number of non-member countries, as
shown by the 5 000 to 6 000 applications sent to the
Commission every year, only 10% of which can be
satisfied owing to budgetary restrictions and the limited
amount of room available.

Information relating to traineeships is also put out by the
Commission's Information Offices throughout the
Community and conveyed through contacts with the
universities, during visits by Members of the Commission
or at conferences given by senior officials.

8. 4. 91 Official Journal of the European Communities No C 90/3

WRITTEN QUESTION No 302/90

by Mr William Newton Dunn (ED)

to the Commission of the European Communities

_(21 February 1990)_

(91/C90/04)

_Subject:_ Road safety

The use of roadside signs which announce the presence of
unmarked police patrol cars has been demonstrated to be
effective in reducing road accidents.

Would the Commission be willing to recommend this as a
road safety measure in all Member States ?

Answer given by Mr Van Miert
on behalf of the Commission

_(9 November 1990)_

The Commission is participating in the ongoing work on
the updating of the 1968 Vienna Convention on road
traffic and road signs administrated by the Economic
Commission for Europe of the United Nations in Geneva.

In this context, the Commission, further to the resolution
of the European Parliament on 1986 European Road
Safety Year ('), has recently started to examine existing
differences on road signs within the Community as a first
stage to initiating work to have a common position
_vis-d-vis the_ United Nations regulations.

The particular signs mentioned by the Honourable
Member can not be considered strictly as a part of road
signing, but could be adequate in a particular national or
local context within the framework of safety prevention

measures.

Therefore the Commission does not intend to intervene

on the point raised by the Honourable Member.

O OJ No CI 90,20.7.1987, p. 18.

WRITTEN QUESTION No 313/90

by Mr Juan Brandres Molet (V)

to the Commission of the European Communities

_(21 February 1990)_

(91/C 90/05)

_Subject:_ Application of Regulation (EEC) No 426/86
to the production of dried fruits in the
Mediterranean Member States of the EEC

The dried fruit sector in the Mediterranean Member

States of the EEC has potential for future expansion since
external demand is increasing. As dried fruits could

replace surplus crops (e.g. wine and olives), thus achieving
a genuine shift in production, thorough studies are
required in the field of planning and subsidization.

What plans does the Commission have for the application
to the production of dried fruits in the Mediterranean
Member States of the EEC of Regulation (EEC)
No 426/86 O establishing a system of aid for the
processing of certain fruits and vegetables?

(') OJNoL49,27.1.1986, p. 1.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(30 March 1990)_

In October 1988 the Commission sent a report on nuts
and proposals for specific measures to the Council (').

Nuts are covered by Regulation (EEC) No 1035/72 on
the common organization of the market in fruit and
vegetables ( [2] ). They are eligible for certain aid measures
laid down by this Regulation for all the products within its

scope.

Regulation (EEC) No 789/89 ( [3] ) institutes specific aid
measures for nuts, namely, additional flat-rate aid for the
formation of producers' organizations, aid for the setting
up of a revolving fund, aid for implementation of quality
and marketing improvement plans and aid for the
promotion of nuts. The Commission takes the view that
these measures are sufficient to enable an improvement in
the production and marketing of nuts and it does not,
therefore, intend to apply Regulation (EEC) No 426/86,
which only covers certain nut-based processed products
falling within Chapter 20 of the Combined
Nomenclature, to nuts falling within Chapter 8 of the
Combined Nomenclature.

O COM(88)597.
O OJNoL 118,20.5.1972, p. 1.
C) OJ No L 85, 30.3.1989, p. 3.

WRITTEN QUESTION No 463/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(7 March 1990)_

(91/C 90/06)

_Subject:_ Community support frameworks and
partnership

When the Community support frameworks were drawn
up, not one Member of the European Parliament was
consulted.

No C 90/4 Official Journal of the European Communities 8. 4. 91

Given that many MEPs come from regions affected by
structural fund reform, will the Commission take steps to
ensure compliance with the partnership principle ?

Answer given by Mr Christophersen
on behalf of the Commission

_(9 April_ _1990)_

The partnership referred to by the Honourable Member,
and introduced by the basic Regulation on the reform of
the structural Funds (Council Regulation (EEC)
No 2052/88 (')), is one of the founding principles of that
reform.

It is at the basis of all contacts between the Commission
and the Member States, from the preparation of the
Community support frameworks to the final assessment
of their implementation.

It is founded on cooperation between the Commission, on
the one hand, and the Member States and the competent
authorities designated by them at national, regional or
local level, on the other.

On the question of the involvement of MEPs in the
various stages of the application of the reform, this can
only be provided for by regulation at the level of the
individual Member States and the authorities designated
by them to act, on their behalf, as partners at regional and
local level.

On the more general question of cooperation with
Parliament on the implementation of the reform, it should
be borne in mind that there is an obligation on the
Commission provided for by regulation to submit to
Parliament an annual report on the application of
Regulation (EEC) No 2052/88 and (EEC)
No 4253/88 ( [2] ). The report must be sent by the deadline
fixed (1 November 1990).

It should be emphasized also that the Commission plays
an active role at meetings of the Parliament Committees
concerned with structural Fund reform.

The Commission would point out, lastly, that it will
continue its efforts to ensure that MEPs are more fully
involved in monitoring the implementation of the reform.

(') OJNoL185,15.7.1988. p. 9.
(*) OJ No L 374, 31.12.1988, p. 1.

WRITTEN QUESTION No 492/90

by Mr Juan de la Camara Martinez (S)

to the Commission of the European Communities

_(7_ _March 1990)_

(91/C 90/07)

_Subject:_ Fight against desertification

When does the Commission plan to draw up a strategy
and a specific programme, to be covered by the budget, to

combat erosion and desertification in the Community, in
particular in countries such as Spain which have serious
problems as regards damage to their environment?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(14 June_ _1990)_

The Commission shares the Honourable Member's desire
for action to combat erosion in the Community, and in
particular in the Mediterranean regions, as it reaffirmed
in the fourth environment action programme.

Several additional schemes are now receiving Community
support:

— the identification under the Corine programme of
high-risk areas and the research work under, in
particular, the Epoch programme, will clarify what the
technical responses should be. The 1984—88 research
programme on land and water use and management
had already highlighted strategies for action against
desertification, particularly at a seminar held in
Valencia, Spain, in July 1987;

— the restriction of stocking rates recently introduced
for payment of the compensatory allowance in
less-favoured areas is an example of how an erosion
prevention measure can be included in a horizontal
provision;

— action at regional level is vital as the conditions and
the remedies needed can vary from one region to
another. The Commission attaches great importance
to a control strategy adapted to local conditions.

Prevention of erosion is, for instance, one of the priority
measures under the specific common measure to
encourage the development of agriculture in certain
regions of Spain (Regulation (EEC) No 1118/88) ('). A
Community contribution of ECU 50 million has been
allocated for this.

This approach is also encouraged with Objectives 1 and
5 (b). Several operational programmes to combat erosion
submitted under the subpriority 'protection of the
environment and conservation of natural resources' have
already been submitted by the Spanish regions under
Objective 1, others are expected in the coming months.
Soil protection is one of the Community support
framework projects under negotiation for the
Objective 5 (b) regions.

Parallel to this, the Commission will also continue to
consider whether new measures are advisable, in
connection, among other things, with the proposal it is to
present shortly when the 'extensification' and 'Article 19'
provisions (Regulation (EEC) No 1760/87) ( [2] ) expire.

O OJNoL107,28.4.1988, p. 3.
O OJ No L 167,26.6.1987, p. 1.

8. 4. 91 Official Journal of the European Communities No C 90/5

WRITTEN QUESTION No 503/90

by Mr Floras Wijsenbcek (LDR)

to the Commission of the European Communities

_(7March_ _1990)_

(91/C 90/08)

_Subject:_ Calculation of remuneration

In calculating the level of remuneration in the various
countries the Commission uses a system of weightings.
Taking Brussels as the base (100), the weighting for The
Hague is 92.

Does the Commission not agree that, as shown by the
United Nations' figures, the cost of living in the Hague is
in fact higher than in Brussels?

Can the Commission say what data it used in making its
calculations and whether it is prepared to review them?

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

_(3_ _April_ _1990)_

Depending on living conditions in the various places of
employment, an official's remuneration is weighted at a
rate above, below or equal to 100 %.

The weighting for Brussels is 100% and the weightings
for the other capital cities of the Member States are
calculated with reference to it. However, in cases where
there is a marked difference between the cost of living in
the capital and a given place of employment, a specific
weighting may be calculated, especially if a large enough
number of officials are posted there.

In the case of the Netherlands, the weighting is calculated
on the basis of prices in the city of Amsterdam, in
accordance with the current method of adjustment of
remuneration and with the relevant decisions of the Court

of Justice.

Consequently, given that the cost of living in The Hague
is not very different from that in Amsterdam, the number
of officials posted to the former city does not justify
fixing a specific weighting.

The Commission has made its calculations on the basis of
exchange rates recorded by the Statistical Office of the
European Communities in agreement with the competent
departments of the Centraal Bureau voor de Statistiek in
the Netherlands.

A survey should soon be carried out in connection with
the 1990 five-year verification of weightings.

WRITTEN QUESTION No 669/90

by Mr Ferruccio Pisom (PPE)

to the Commission of the European Communities

_{23_ _March 1990)_

(91/C90/09)

_Subject:_ Essential commodities given to charities for
Poland

The Commission is aware that the emergency in Poland,
which hit the most vulnerable section of the population
most severely, necessitated help from voluntary
organizations and associations, who immediately
responded by collecting and sending essential
commodities and medicines. They did this by
collaborating effectively with other organizations
working in Poland, who have first-hand knowledge of the
actual urgent needs of the people suffering severe
hardship and poverty.

The mechanism set in motion between the Commission
and the Polish Government, arouses concern that the
societies, charitable organizations and people in need may
still be deprived of the essential commodities available on
the market because they are not in a position to purchase
them.

Does the Commission not consider that the existing
mechanism should be accompanied by direct channels for
assistance similar to those used in Community countries
in the context of measures to combat poverty. They could
be used directly by the charitable organizations, societies
and religious communities in Poland, in collaboration
with organizations working in the countries of the
Community, to provide access to the vital commodities
which are in storage in bordering countries, such as meat,
milk and butter?

Answer given by Mr Andriessen
on behalf of the Commission

_(26_ _October 1990)_

The Community's humanitarian aid operations to Poland
in 1990 have focused on medical aid, organized and
administered by the Red Cross.

The food aid deliveries, decided in the second half of
1989 and in early 1990, were designed to relieve an acute
supply deficit, exacerbated by balance of payments
difficulties. They were marketed through the normal
channels. As far as the pricing is concerned, the supplies
were sold at the Polish market price, implying a 50%
discount in comparison with normal commercial cost of
imported cereals. The additional supply from the EC and
other G24 donors made it possible to limit price increases
of basic foodstuffs, thereby helping the Polish population
to cope with the fall in real income.

No C 90/6 Official Journal of the European Communities 8. 4. 91

The counterpart funds generated by the sale of these food
products were used to support small private ventures in
agriculture and also contributed to the realization of
some social programmes, e.g. a programme in support of
the activities of the 'Water Foundation', implementing
water supply projects in rural areas.

The assistance actions under the Phare programme are
designed and managed in liaison with the Polish
authorities and aim to support the process of economic
restructuring. Actions to adapt and modernize social
welfare and social security mechanisms are not excluded,
though until now these issues have not figured amongst
the priorities expressed by the Polish authorities.

WRITTEN QUESTION No 673/90

by Mr Giufio Fantuzzi (GUE)

to the Commission of the European Communities

_(23_ _March 1990)_

(91/C 90/10)

_Subject:_ The use of straw in the paper industry

In the past the paper industry in various Member States of
the European Community (France, Great Britain, the
Federal Republic of Germany and, in particular, Italy)
used large quantities of straw as a raw material. The use of
this renewable raw material has now greatly decreased
despite the solution of problems (the collection and
transport of the raw material, the introduction of
technologies capable of almost totally eliminating
pollution problems, etc.) which caused a critical situation
for the firms which process straw from cereals for the
production of paper. Does the Commission have at its
disposal a study on the subject?

If it has not, does it think it could instruct its departments
to find out what are the possibilities for using straw in
paper production, in view of the fact that this could have
beneficial effects on the environment, employment and
the incomes of farmers?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(18 May_ _1990)_

The Commission does not have a comprehensive study on
the use of cereal straw for paper-making; however, it has
co-financed a specific feasibility study in that field. This
study, financed under Article 8 of Regulation (EEC)

No 4256/88 ('), concerns the organizational and
technical aspects of straw utilization, based largely on
conditions in
the United Kingdom. It is due for completion in mid-1990
and its results will be available on a Community-wide
basis.

(') OJ No L 374,31.12.1988, p. 25.

WRITTEN QUESTION No 752/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(29_ _March 1990)_

(91/C 90/11)

_Subject:_ Possibilities for developing measures for the
protection of the monk seal in the context of the
common fisheries policy

Fishing represents one of the main threats to the monk
seal. Greek fishermen (particularly those from the islands
of Aloynissos and Kefalonia) are prepared to make a
contribution towards the protection of the monk seal,
provided that they receive help in solving the problems
facing them, such as illegal fishing by fishermen from
other localities, illegal fishing by amateur fishermen, and
the associated problem of inadequate monitoring.

1. Is it true that, whilst the Greek Government agreed to
support the fishermen of Kefalonia and nearby Ithaca
some years ago, and has since reiterated these
assurances, its promises have not been fulfilled?

2. Is the Commission willing to consider, in the context
of the current or future common fisheries policy, what
measures might be taken to resolve the problems of
local fishermen?

3. What is the state of play with regard to research into
the possibility of 'monk seal-proof nets?

4. Can the Commission help to improve the monitoring
of illegal fishing in or near areas which are important
for the protection of the monk seal, such as the area
around the Ionic islands?

5. In this connection, what effect will the apparent end
of the war between the Polisario Front and Morocco

have on monk seals in Mauritania and Morocco?

6. Is it true that monk seals are being suffocated in the
nets of large fishing vessels, which are again prepared
to sail near to the coast?

7. Are Spanish fishing vessels involved in this?

8. 4. 91 Official Journal of the European Communities No C 90/7

8. Is the Commission prepared to incorporate provisions
for the protection of the monk seal in the fisheries
contracts concluded between the Community and
West African States?

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

_(23 October 1990)_

1. In January 1989 the Commission concluded a
contract with the Greek Environment Ministry on
monitoring in the Cephalonia and Ithaca regions and on
aid for local* fishermen in those regions to make them
more aware of the monk seal conservation programme.

2. The Commission has sent the Council a discussion

paper containing an outline of a common fisheries system
in the Mediterranean. In it the Commission considers

that the system should take account of sociostructural
and biological situations and the requirements of
environmental protection as a whole. It will, in principle,
be possible to resolve the problems to which the
Honourable Member refers in this context.

3. Certain types of seal-proof nets have been
developed in the Netherlands, Denmark and the United
Kingdom. However, it has become apparent, following a
number of trials, that they are unsuitable for fishing in
Greece.

4. The Commission considers that improved
monitoring of fishing activities by the Member States is
vital to resource conservation. On 27 November 1989,
acting on a Commission proposal, the Council adopted a
decision on a financial contribution from the Community
to the expenditure incurred by the Member States in
this connection. The Commission will examine the

possibilities for improving the means available to Member
States to monitor fishing activities within this framework.

5 and 6. The main problem as regards the preservation
of monk seals concerns the use of gill nets near the coast.
These devices may cause the death, by strangulation or
exhaustion, of animals trapped in them.

As seals live near the coast, deaths as a result of
commercial fishing activities are mainly caused by
non-industrial fishing vessels.

7. With regard to Community vessels operating off
Morocco and Mauritania under bilateral fisheries

agreements concluded by the Community, the use of
gill nets is not foreseen in the case of Mauritania and is
only authorized beyond a 12-mile limit for Morocco
(three-mile limit in the Mediterranean). The Commission
therefore considers that these vessels are not concerned

by the problem.

The Commission has no knowledge of any vessels
registered in the Community operating on the basis of
private arrangements with the States in question.

8. The provisions of the agreements concluded
between the Community and West African States and in
particular the fishing areas adopted are designed, among
other things, to protect endangered species. However, the
Commission would be prepared, if necessary, to propose
additional provisions during the negotiation of fisheries
agreements with the countries concerned.

WRITTEN QUESTION No 962/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(25 April 1990)_

(91/C90/12)

_Subject:_ Cost of German reunification for the EC

In a noteworthy interview which he gave to the
Dusseldorf _'Handelsblatt',_ Bernard Friedmann, one of the
members of the European Court of Auditors, stated that
approximately DM 8 billion would be required from the
EC structural funds for German reunification, in other
words for East Germany.

To what extent is this a 'contractual' amount as suggested
by Mr Friedmann, and have any specific commitments
been made in respect of EC payments in connection with
German reunification?

WRITTEN QUESTION No 1592/90

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(2 July 1990)_

(91/C90/13)

_Subject:_ Impact of German unification on structural
funds

The prospect of German unification raises the problem of
the economic backwardness of the regions currently in the
GDR.

1. Can the Commission provide information on the cost
to the Community budget and, in the light of this, is it

No C 90/8 Official Journal of the European Communities 8. 4. 91

considering including it in the next revision of the
financial perspective?

2. Will unification entail a transition period for the
regions in question and, if so, on the basis of what
criteria?

3. What will be the budgetary impact of unification for
the structural funds?

Joint answer to Written Questions Nos 962/90

and 1592/90

given by Mr Delors
on behalf of the Commission

_(3 October 1990)_

The structural Funds will be operating in the territory of
what was the German Democratic Republic in pursuance
of the objectives of structural policy reform from the date
of unification.

The Community rules will apply from then on subject to
the requisite temporary exceptions to be determined by
the Council, on proposals from the Commission, after
consulting Parliament.

These proposals have already been presented to the
Council and Parliament. They contain transitional
provisions for the procedures for submitting plans and
establishing the Community support frameworks, and
they set an overall appropriation for the three years
1991-93.

A revision of the financial perspective has also been laid
before the Council and Parliament.

WRITTEN QUESTION No 1010/90

by Mrs Solange Fernex, Mr Paul Lannoye, Mrs Eva
Quistorp, Mr Antoine Waechter, Mr Gianfranco
Amendola and Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(11_ _May 1990)_

(91/C 90/14)

_Subject:_ The protection of the remaining wetlands

The European Parliament adopted the report by Mr
Graziani on the erosion of agricultural soils and on
wetlands (Doc. A 2-0020/87). A number of proposals and
recommendations were made in the report. Has the
Commission taken them on board?

What does it propose to do to protect the rapidly
disappearing wetlands in Europe and in the ACP
countries? Is it proposing to make a scientific inventory of
the remaining areas and to carry out a research
programme into the role played by them?

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

_(3_ _August 1990)_

By 1987, before Mr Graziani's report was presented, the
Commission was already studying the problem of erosion
and taking measures to combat it. It suffices here to
mention Directive 75/268/EEC (') on mountain and hill
farming and farming in less-favoured areas, which was
designed to promote suitable agricultural activity in such
areas in order to protect the countryside against soil
erosion, and specific measures for certain Mediterranean
countries (e.g. Greece, Italy, Portugal) and the 'Land and
water use and management — 1984/1988' research
programme. For details of the Commission's new policy
on erosion, which takes account of the proposals and
recommendations in Mr Graziani's report, the
Commission would refer the Honourable Member to its

answer to Written Question No 492/90 by Mr Juan de la
Camera Martinez ( [2] ).

With regard to European flood plains, the Commission
would stress that a special effort is being made to promote
the protection and rational management of wetlands in its
actions concerning the natural environment, especially
nature conservation. Article 4 (2) of Directive
79/409/EEC on the conservation of wild birds ( [3] ) refers
expressly to areas of this kind. Furthermore, wetlands,
including flood plains, are the type of biotope most often
selected for Community aid under Regulations (EEC)
No 1872/84 and (EEC) No 2242/87 on action by the
Community relating to the environment ( [4] ) (biotope
projects). In addition one of the aims of the proposal for a
Council Directive on the protection of natural and
semi-natural habitats and of wild flora and fauna ( [s] ),
presented by the Commission to the Council on 16 August
1988, is to provide more appropriate protection for this
type of habitat.

The purpose of several scientific projects forming part of
the Corine programme is to identify and evaluate such
areas. More specifically:

(a) Under the 'Biotopes' project, an initial inventory of
areas of importance for nature conservation in the
Community has already been prepared. It also covers
wetlands;

(b) In the 'Land cover' project currently under way,
the nomenclature used enables the various types of
wetland (inland marshes, peat bogs, tidelands, salt

8. 4. 91 Official Journal of the European Communities No C 90/9

marshes, intertidal zones) to be classified and
mapped. A map of this kind has already been
produced for Portugal;

(c) The 'Soil erosion and land resources' project, besides
taking an overall look at the problem of erosion,
includes a part dealing with 'Coastal erosion' which
covers the entire Community and focuses on the
current situation as regards alluviation and erosion in
coastal areas. A final report with 1:100 000 maps will
be available shortly.

In 1988 the Commission set up a working party on the
'Integrated management of Mediterranean-type coastal
wetlands', and financed a series of inventories of this type
of area in Portugal, Spain, France, Italy and Greece
together with seminars on the subject. The working party'
conclusions will be used as a guide for future Commission
activities.

Under R&D programmes relating to the environment, the
Commission is funding several research projects on
aquatic systems (inland, coastal and marine).

In the case of the developing countries, particularly the
ACP countries two specific instruments form the basis for
a series of consecutive Commission activities:

(a) The Lome Conventions which, especially since
Lome III, have given impetus to development work
that takes account of related environmental issues.

Particular emphasis has been placed on the
protection and efficient management of coastal areas
(anti-erosion measures, development of lagoon
areas, coastal and lagoon fishing etc.);

(b) Budget heading 946 'Ecology in the developing
countries', under which provision was made at a very
early stage for projects relating to flood plains.
Various studies have been carried out, for example
on 'Mangroves in Africa and Madagascar'
(protection and development) and, more recently, a
guide to the rational management of tropical
wetlands has been prepared for final publication in
late 1990.

Particular attention has also been given to the
inhabitants of these areas who have benefited from

various projects funded under this budget heading.

O OJNoL128, 19.5. 1975, p. 1.
( [2] ) See page 4 of this Official Journal.
O OJ No L 103,25. 4. 1979, p. 1.
O OJ No L 176, 3. 7. 1984, p. 1.; OJ No L 207,29. 7.1987, p. 8.
O OJ No C 247,21.9. 1988, p. 3.

WRITTEN QUESTION No 1015/90

by Mr Bernard Thareau (S)

to the Commission of the European Communities

_(11 May 1990)_

(91/C 90/15)

_Subject:_ Follow-up to Parliamentary resolutions on the
water engineering project involving the Loire
and its tributaries

What action has been taken on

— the motion for a resolution by Mrs Bloch von
Blottnitz on the plans to regulate the flow of the Loire
(B 2-72/87)?

— the motion for a resolution tabled by Louis Eyraud
and colleagues on the water engineering project
involving the Loire and its tributaries and on the need
to protect them (B 2-212/88)?

— the resolution by Mr Roelants du Vivier on the
disappearing alluvial zones of Europe and the need to
protect them (B 2-840/86)?

— the proposals contained in the report by Mr Graziani
on the erosion of agricultural soils and on wetlands in
the European Community (A 2-20/87)?

— the Parliamentary question by Mr Louis Eyraud on
the water engineering project involving rivers on 19
January 1989?

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

_(3_ _August 1990)_

The Commission has not yet provided any funds for
controlling the Loire and will, if necessary, request that an
environmental impact assessment be carried out in
accordance with Directive 85/337/EEC (').

The Commission endeavours to ensure that Community
Directives are applied. It has received a complaint
concerning a river control project in the upper course
of the Loire which, it would appear, does not comply
with Directives 79/409/EEC ( [2] ), 85/337/EEC and
78/659/EEC ( [J] ).

This case is still being investigated. According to the latest
information received by the Commission, the French
Government has postponed the final decision until
October 1990 pending the results of further impact
studies.

As regards the follow-up to the proposals in Mr
Graziani's report on soil erosion and flood plains, the
Commission would refer the Honourable Member to its

answer to Written Question No 1010/90 by Mrs Fernex
and others ( [4] ).

O OJ No L 175, 5.7.1985, p. 40.
O OJNoL 103,25.4. 1979, p. 1.
O OJNoL222,14.8.1978, p. 1.
( [4] ) See page 8 of this Official Journal.

No C 90/10 Official Journal of the European Communities 8. 4. 91

WRITTEN QUESTION No 1064/90

by Mr Jens-Peter Bonde (ARC)

to the Commission of the European Communities

_(10 May 1990)_

(91/C 90/16)

_Subject:_ Safety of ships

Will the Commission allow Member States to adopt
additional safety requirements for ships entering
Community ports?

Will it allow Member States to adopt requirements with
regard to the nationality of crews on ships entering
Community ports?

WRITTEN QUESTION No 1131/90

by Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 90/17)

_Subject:_ Tragedy of the Scandinavian Star

The Commission is aware of the inquiry results following
the tragic loss of life as a result of the capsizing of The
Herald of Free Enterprise, and the charges of neglect
which followed, and that there were more passengers on
board than the log registered.

Would the Commission state if it has been confirmed that

there were passengers on The Scandinavian Star, trapped
in their vehicles aboard the vessel?

That this practice is against all safety standards, required
by the IMO, and would appear to be a total disregard of
those standards and security measures.

Would the Commission agree legislation is required
within the Community to ensure that the strictest safety
standards are adhered to, and ships sailing under FOCs
are also in compliance with Community law.

If so, will the Commission introduce such legislation.

Joint answer to Written Questions Nos 1064/90 and

1131/90

given by Mr Van Miert
on behalf of the Commission

_(24 September 1990)_

The recent disasters at sea have shown the need to step up
the Community's efforts to improve safety at sea, and in
particular the safety of passenger ships.

Notwithstanding certain reservations expressed by
Member States with regard the Community action, the
Commission will endeavour to achieve improvements —
notably in the international context — in the safety of
passenger ships.

In this connection the Council drew attention in its

resolution of 19 June 1990 to the need to bring about
improvements in the safety of passenger ferries, including
the question of crews in the international shipping

context.

The Commission is aware that it is incumbent upon crews
to take appropriate action in emergencies, and that
dangers can result from shortcomings in command and
communication.

The Commission will accordingly make every effort to
ensure that Member States' action within the

International Maritime Organization (IMO) produces
the desired results as speedily as possible.

In the light of Parliament's resolution of 17 May 1990 on
accidents at sea involving ferries and with the benefit of
the experience gained by the United Kingdom and
Denmark following the Herald of Free Enterprise and
Scandinavian Star disasters, the Commission will examine
ways and means, after first consulting the Member States,
of bringing forward proposals for improving the safety of
passenger ferries, within the framework of the Committee
set up under the Memorandum of Understanding on Port
State Control.

On the subject of specific information concerning the
Scandinavian Star disaster, reference should be made to
the commission of inquiry set up by the Danish,
Norwegian and Swedish authorities, which is currently
looking at the circumstances surrounding the disaster and
will pass on the results of the investigation to the IMO
and the Commission. The Commission will ensure that

Parliament is informed of the outcome.

In addition, a proposal for a directive on the minimum
health and safety requirements for improved medical
treatment on board vessels has been sent to the

Council (*). This draft text contains provisions on control
in Community ports of vessels flying the flag of a Member
State. Control would extend to the nature of medical

supplies on board and in particular the availability of
antidotes on vessels carrying dangerous goods.

Lastly, the Commission is working on a proposal for a
directive on minimum health and safety requirements at
work in the transport field, including on ships. This
would be a specific directive following from the Council
Directive of 12 June 1989 on the introduction of measures

to encourage improvements in the safety and health of
workers at work ( [2] ).

(') COM(90) 272 final.
O OJNoLl83, 29. 6. 1989.

8. 4.91 Official Journal of the European Communities No C 90/11

WRITTEN QUESTION No 1093/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(10 May 1990)_

(91/C 90/18))

_Subject:_ Report on ILO-EEC relations

Can the Commission give an exact reply to my Question
No 1574/88 ( [l] ), since the reply I received was merely
verbiage without much meaning?

(') OJNoC 195,31.7. 1989, p. 28.

Answer given by Mr Delors
on behalf of the Commission

_(29 November 1990)_

The Commission would refer the Honourable Member to

the statement made by Vice-President Marin during the
discussion of the report referred to by the Honourable
Member at the February 1987 pan-session (').

The Commission also adds that Annex 9 of the

Commission interdepartmental report on the social
dimension of the internal market ( [2] ) includes a table
showing the ratification of a number of ILO conventions.

Lastly, each year the ILO publishes a table showing the
ratification of ILO conventions.

(') European Parliament Debates No 2-348 (February 1987).
( [2] ) Special issue of Social Europee 1989.

WRITTEN QUESTION No 1243/90

by Mr Henry McCubbin (S)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 90/19)

_Subject:_ Application procedures for,A' grades within the
Commission

Of the officials of the Commission of grade A 1 serving at
te most recent date, how many, by nationality,

— were initially appointed to the grade on promotion
from within the Commission's services;

— were initially appointed directly to the grade on
recruitment from outside the Commission ?

Is it the Commission's policy, all other things being equal,
to appoint A 1 officials from within its services rather than
from outside?

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

_(28 June 1990)_

As of 1 June 1990, 48 officials will be serving in
the Commission as Directors-General or Deputy
Directors-General; 21 of them were appointed directly to
the grade on recruitment from outside the Commission;
the other 27 are officials promoted from within the
Commission's services or coming from other Community
institutions.

Their distribution by nationality is the following:

DK

1

1

D

1

5

6

GR

1

1

F

2

6

8

IRL

1

1

2

I

3

4

7

P

1

1

E

5

5

L

1

1

NL

1

3

4

UK

5

2

7

Total

21

27

48

External recruitment

Internal promotion

Total

B

5

5

As can be seen from the data concerning officials from the original Member States, Commission
policy is orientated towards internal promotion. It is normal that for the more recent Member
States this trend is less apparent, although the situation can be expected to change in the future.

No C 90/12 Official Journal of the European Communities 8. 4. 91

WRITTEN QUESTION No 1409/90

by Mr Victor Manuel Arbeloa Mum (S)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 90/20)

_Subject:_ Aid for the creation of a Palestinian bank

What type of assistance does the Commission intend to
give in connection with the Development Bank and
special fund, designed to finance small-scale production
projects and promote exports from the West Bank and the
Gaza Strip, which around a 100 Palestinian businessmen
decided to set up in Tunis on 18 April 1990?

Answer given by Mr Matutes
on behalf of the Commission

_(14 September 1990)_

The Commission has been informed about the idea of

setting up a 'development bank for Palestine'. This bank is
planned to be based in Europe, with branches in the
Occupied Territories.

The Commission welcomes this idea. The setting up of
banking institutions in general and of a bank designed to
finance investment projects in the Occupied Territories in
particular is necessary. It would constitute an additional
step towards Palestinian autonomy.

The Community could, as it has done in the past with
other credit institutions in the Occupied Territories,
participate together with such a development bank in
specific project financing on the spot.

WRITTEN QUESTION No 1468/90

by Mrs Astrid Lulling (PPE)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 90/21)

_Subject:_ Importation and free movement among the
Member States of receivers for parabolic

antennae

Satellite broadcasts can be picked up only by using
parabolic antennae, one of the components of which is a
receiver, also known as a demodulator. Most of these
receivers are imported from third countries under
customs tariff No 8529 10 (7,2% duty) without any

problem. Since last year France has been refusing
imported receivers under this tariff and has applied tariff
No 8528 10, under which a licence is required. Only a
small number of these licences are issued and then only
after inordinately long delays. Can the Commission
explain and justify this differentiated import policy and
customs duty applied by a Member State? Should the
other Member States be compelled to follow the same
policy? Furthermore, is the fact that French importers of
receivers which have already been correctly imported into
another Member State, by a manufacturer of finished
antennae in that Member State, and are then exported to
France are required to have this same licence compatible
with Community legislation and with the free movement
of goods within the Community?

Answer given by Mrs Scrivener
on behalf of the Commission

_(12 September 1990)_

The Commission's information is that the French customs

administration did not change its mind with regard to the
tariff classification of the receivers or demodulators in

question but that, in order to avoid different
classifications being used in different regions, it issued
a classification notice under which the receivers/

demodulators have been classified within

code 8528 10 ('). In this connection the Commission
would draw the Honourable Member's attention to the

explanatory notes to the Combined Nomenclature of the
European Communities relating to code 8528 10 91 and
concerning similar products.

If the Honourable Member is able to supply information
showing that the goods in question are being classified
differently in the other Member States, the Commission
will put the question to the Nomenclature Committee in
accordance with Article 8 of Council Regulation (EEC)
No 2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff ( [2] ).

Products falling within CN code 8528 10 91 originating
in non-Community countries are subject, moreover, to
national quantitative restrictions in France, pursuant to
Regulation (EEC) No 288/82 ( [3] ).

For trade between Member States, France was authorized
by the Commission on 22 December 1989 to introduce
surveillance of imports from other Member States of the
products in question, and also other electronic products
originating in South Korea, Japan or Taiwan, until 31
December 1990, pursuant to Article 2 of Commission
Decision 87/433/EEC of 22 July 1987 on surveillance and
protective measures applicable by the Member States
under Article 115 of the Treaty.

The Commission subsequently authorized France, on 30
January 1990, to apply more stringent protective measures

8. 4. 91 Official Journal of the European Communities No C 90/13

(halting of imports) under Article 3 of the Decision of 22
July 1987 ( [4] ) referred to above, in respect of imports from
other Member States of the products in question
originating in South Korea or Japan. This Decision
expired on 30 June 1990.

On the matter of whether the alleged measures — issue of
licences in limited quantities and excessive delay — are
compatible with the principle of freedom of movement in
intra-Community trade, the considerations set out below
are relevant.

Although a Member State may legitimately restrict the
freedom of movement of goods having a specific origin
which have been put into free circulation, if so authorized
by a Commission Decision adopted pursuant to
Article 115 of the EEC Treaty, the way in which the
Member State implements the measures must nevertheless
not be such as to give rise to trade barriers going beyond
what is necessary for the operation of the measures
concerned.

The abovementioned Decision 87/433/EEC lays down a
number of conditions in this connection for the issue of

licences under intra-Community surveillance
arrangements, stipulating notably that import licences
must be issued automatically and without charge, within
five working days of the application being made.

If the Member State finds, however, that the volume
covered by the licence applications represents over 5 % of
the direct import opportunities available to the
non-Community country concerned, or 1% of total,
imports from non-Community countries over the
previous 12 months, the maximum period for issuing
licences may be extended to 10 working days.

Failure by the Member State to comply with these
conditions can give rise to barriers to trade between
Member States which could not be justified under
Article 115 of the EEC Treaty and would accordingly be
subject to examination under Article 30 of the EEC
Treaty, which prohibits quantitative restrictions and all
measures having equivalent effect in trade between
Member States. Such examination may lead the
Commission to initiate an infringement procedure against
the Member State concerned, under Article 169 of the
EEC Treaty.

The Commission departments are at present carrying out
a study of the whole electronics sector with a view to
drawing up a Community approach, covering both
internal and external aspects, to the problems
encountered by the industry in question, in the run-up to
completion of the single market.

O Customs Bulletin No 5379 of _27_ and 28 February 1990.
O OJ No L 256, 7.9. 1987, p. 1.
O OJ No L 35,9. 2. 1982, p. 1.
( [4] ) OJNoL228,3. 8. 1987.

WRITTEN QUESTION No 1510/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(26 June 1990)_

(91/C 90/22)

_Subject:_ Risk of social dumping as a result of a judgment
by the European Court of Justice

The European Court of Justice has just decided that a
Portuguese firm subcontracted by a firm in France may
use its own staff to carry out a contract without being
bound by immigration rules and it would not be subject to
conditions set by the authorities of the country in which
the services are provided. Nevertheless, the Court says
that the Member States may extend their legislation or
collective labour agreements to any persons in paid
employment, even temporary employment on their
territory, no matter what country the employer is
established in.

Does the Commission intend to take positive measures of
this kind aimed at convergence of action between the
Member States so as to prevent any social dumping?

Answer given by Mrs Papandreou
on behalf of the Commission

_(17 January 1991)_

In the chapter concerning freedom of movement, the
Commission's action programme to implement the
Community Charter of Fundamental Social Rights of
Workers refers to a proposal for a Community instrument
concerning the introduction of a social clause in public

contracts.

The commentary on the proposal is as follows:

'The free movement of services, capital, goods and
persons will increase considerably with the completion
of the single market and is precisely the purpose of the
single market.

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

Consequently, the activity of providing services,
particularly subcontracting services, should respect the
following principles, it being understood that the
diversity of situations, particularly of a temporal
nature, will be taken into account:

— application of national legislation on public order,

— respect for generally binding collective agreements.

No C 90/14 Official Journal of the European Communities 8.4.91

The Commission will therefore resort to the

appropriate Community instruments to ensure respect
for these principles.

Similar problems arise in the field of public works
contracts. They were put clearly into relief by
Parliament during the discussions on the directives
concerning public works contracts and public supply
contracts.'

As indicated by the Commission in its communication
(COM(89) 400) on the regional and social aspects of
public contracts, consideration cannot be given to
distortions resulting from difference in working
conditions between Member States unless account is

also taken of regional problems.

This communication consequently sets out to open
the way for a series of practical proposals aimed,
in particular, at arriving at a clearer definition of
subcontractors and at standardized terms for

subcontracting contracts.

WRITTEN QUESTION No 1523/90

by Mr Alain Pompidou (RDE)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 90/23)

_Subject:_ The implementation of a cooperation policy with
regard to the countries of Eastern Europe

As part of Commission action in favour of the countries
of Eastern Europe, the Commission, implementing the
conclusions of the European Council meeting in
Strasbourg on 9 December 1989, submitted to the Council
on 5 February two new proposals for granting educational
and professional training aid to the countries of Central
and Eastern Europe: a proposal for a regulation seeking
to set up a European vocational training foundation and a
proposal for a decision launching the Tempus programme
on mobility between European universities which
provides for multiannual measures aimed at contributing
to the development of medium and long-term higher
education and advanced training measures in the
countries concerned.

These two measures — which are both useful and

necessary — supplement the actions already taken by the
Community in favour of the countries of Eastern Europe
which include emergency aid, extension of bilateral
agreements, setting-up of the European Bank for
Reconstruction and Development etc.

These measures must gradually be extended in the light of
the needs of the countries in question; however, if

Community action is to be truly effective, it is necessary to
coordinate all Community measures and to formulate a
genuinely comprehensive cooperation policy with regard
to these countries.

Is the Commission at present in a position to propose a
comprehensive Community policy in favour of the
countries of Eastern Europe?

Answer given by Mr Andriessen
on behalf of the Commission

_(12 November 1990)_

The European Vocational Training Foundation and the
Tempus programme are indeed effective means of helping
Central and Eastern European countries with training.
They are among the measures taken by the Community
within the framework of Phare. The Commission is

coordinating all action taken under Phare.

Further to the conclusions of the European Council, the
Commission also submitted to the Council in August a
general concept for association agreements ('European
Agreements') for negotiation with Central and Eastern
European countries, beginning with Poland,
Czechoslovakia and Hungary. Association is intended to
bring these countries closer to the Community on a
lasting basis while providing support for the process of
reform to which they are committed. Association entails
cooperation over an immense field, with each association
agreement adapted to the specific features of the country
in question.

The Commission is of the opinion that in this way it has
defined what the Community's overall policy towards
these countries will have to be.

WRITTEN QUESTION No 1563/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(27 June 1990)_

(91/C90/24)

_Subject:_ Cooperation between third sector undertakings

The third sector (cooperatives, mutual insurance,
associations) plays a major role in regional development
and it would be highly advantageous to incorporate it into
inter-regional cooperation.

Despite the widely varying regulations governing
cooperations, mutual insurance and associations, how
could the Commission boost cooperation between third
sector undertakings and areas?

8.4.91 Official Journal of the European Communities No C 90/15

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

(5 _October 1990)_

In its December 1989 communication to the Council (')
on 'Businesses in the "Economie Sociale" sector —

Europe's frontier-free market', the Commission tried to
identify the prospects opening up in Europe for such
enterprises in 1992 and show to what extent they are taken
into account in Community policies.

In implementing its regional policies and, in particular,
the partnership principle incorporated in the recent
reform of the structural policies, the Commission attaches
great importance to the effective participation of those
involved in the economic and social life of the areas

concerned by its measures.

With regard to local development, where assistance
preferably takes the form of lump-sum awards to an
intermediary body, the Regulation on the European
Regional Development Fund specifically requires the
intermediary body to involve the socio-economic circles
affected by an operation.

Furthermore, all the measures taken by the Commission
to encourage inter-regional cooperation are also open to
cooperative enterprises, there being no discrimination on
grounds of legal form or status.

The Commission asked the Economic and Social

Committee for its opinion on the role which the European
Economic Interest Grouping and possibly the European
Company or any other instrument could play in fostering
cooperation between enterprises in this sector.

The Committee adopted an opinion at its plenary session
of 19/20 September, in which it invited the Commission
to formulate special legal arrangements for cooperative
enterprises. The Commission will pursue the activities set
out in its communication with a view to integrating the
cooperative enterprise sector in the expanded market.

(') SEC(89)2187.

WRITTEN QUESTION No 1566/90

by Mrs Nicole Fontaine (PPE)

to the Commission of the European Communities

_(27 June 1990)_

(91/C 90/25)

_Subject:_ Regulations governing imports of electric motors

In 1986, regulations were introduced governing imports
of standardized polyphase electric motors of between

0,75 and 75 kilowatts originating in East European
countries.

These regulations aimed to impose a minimum price on
imports and introduce a definitive antidumping duty on
this type of electric motor.

The political developments in the East European
countries, the Community's desire to develop trade with
those countries and the need to increase the number of

technical cooperation agreements have now led the
Commission to lift a number of trade restrictions, with
the exception of those applying to imports of electric

motors.

Can the Commission explain the reasons for this? Does it
not consider that these regulations should be changed or,
where appropriate, that the present constraints should be
lifted?

Answer given by Mr Andriessen
on behalf of the Commission

_(13 September 1990)_

It should be noted that electric motors are not the only
products originating in the Eastern European countries
which are currently subject to anti-dumping duties. A
considerable number of measures are applied to products
originating in those countries.

It is true that following the political changes that have
occurred in Eastern Europe, the Community wants to
continue, as in the past, to do its utmost to improve the
terms of trade with some of the countries in the region,
for example by abolishing general import restrictions.
Certain agreements have already been concluded to this
end.

A distinction should, however, be drawn between
anti-dumping measures and general trade restrictions, the
former being imposed as a result of formal procedures
which prove that goods have been dumped, thereby
causing injury to Community industry. Under GATT
rules anti-dumping measures are necessary remedies
against unfair trade practices and it is therefore possible
to take action against any other country where it has been
proved that dumping has caused injury. This is even the
case for the EFTA countries, which enjoy the most liberal
trade arrangements with the Community.

One of the main factors to be borne in mind about

anti-dumping measures is that all the parties concerned,
including the exporters, can request a review of these
measures when the facts on which the original
conclusions were based have changed.

No C 90/16 Official Journal of the European Communities 8. 4. 91

WRITTEN QUESTION No 1573/90 WRITTEN QUESTION No 1635/90

by Mrs Mary Banotti (PPE) by Mrs Dorothy Piermont (ARC)

to the Commission of the European Communities to the Commission of the European Communities

_(2 7 June 1990)_ _(4 July 1990)_

(91/C 90/26) (91/C 90/27)

_Subject:_ Aid to Romania

Could the Commission provide me with details of the
humanitarian aid it has been providing to Romania? Has
it provided any aid to alleviate the awful plight of
thousands of children in Romanian orphanages?

Answer given by Mr Andriessen
on behalf of the Commission

_(14 September 1990)_

After the overthrow of the Ceaucescu regime on 22
December 1989, the Community offered Romania
emergency aid totalling ECU 11,5 million, excluding
deliveries of agricultural products, to be implemented by
the following non-governmental organizations: the
International Committee of the Red Cross, Medecins
Sans Frontieres, Medecins du Monde, Caritas,
Operations Villages Roumains and Operation Hdpitaux
Roumains.

Some ECU 6,8 million went on medical aid to help restore
basic medical supplies to the appallingly badly equipped
Romanian medical services. Of that sum, ECU 350 000
has been directed to the fight against Aids among the
child population.

The remaining ECU 4,7 million was spent on a food-aid
programme. Part of this was given as medico-nutritional
aid being undertaken by Medians Sans Frontieres. This
part was aimed at ±100 000 infants and children under
three years of age and was channelled via dispensaries,
paediatric hospitals, orphanages and creches. Among the
products supplied were 930 tonnes of powdered milk and
265 tonnes of babyfood.

In the resolution on the situation of children in Romanian

orphanages, adopted by the European Parliament on 17
May, the Commission is asked to draw up, in conjunction
with NGOs, a specific emergency programme for
rehabilitating the Romanian centres for 'hopeless cases'
before next winter. With the aim of meeting this request,
the Commission intents to launch a medico-social study
of orphanages in Romania at a cost of ECU ±150 000.

_Subject:_ Harmonization of the right of asylum

In its answer to Written Question No 911/89 (') by Mr
Yves Verwaerde, the Commission described a number of
measures designed to achieve the 'harmonization' of the
right of asylum in the European Community. The
Commission mentioned a planned agreement between the
governments of the Member States (Council Decision of
9 December 1989 in Strasbourg) and a survey of the right
of asylum in the Member States.

1. What progress has been made with the survey pn the
various laws concerning the right of asylum in the
Member States and when will it be accessible to

parliament?

2. What proposals have been made for the
intergovernmental agreement approved by the
Council?

3. How will the national parliaments be involved in
decision-making concerning the agreement?

4. What is the timetable for drawing up the agreement
and when will it enter into force ?

5. What work is being done by the Ad Hoc Immigration
Group?

6. What proposals have been made for the directive on
the right of asylum to be adopted if the agreement
should fail and what timetable is envisaged?

O OJ No CI 17,11.5.1990, p. 13.

Answer given by Mr Bangemann
on behalf of the Commission

_(6 September 1990)_

As the Honourable Member notes, the Commission, in its
answer to Written Question No 911/89 by Mr
Verwaerde, described the broad thrust of the discussions
in progress on the right of asylum in the context of moves
to abolish checks on individuals at the Community's
internal frontiers. The Commission has since had the

opportunity to explain its position on these matters in
detail to Parliament, during the debate on the free
movement of persons that took place on 14 March
1990 0).

The inventory of national policies on asylum requested by
the European Council at its Strasbourg meeting is
currently being drawn up by the Ad Hoc Immigration

^ 9 1 Official Journal of the European Communiues ^loC90BlB

CrouphThere is no way of telling at this stage precisely
whenitwillbe completed.

It will be for the Presidency to decide under what
conditions it can be made available to Parliament. As part
of the new procedure for reporting on intergovernmental
discussions on the free movement of persons^ Parliament
should normally be kept informed of progress in drawing
up the inventory.

In the conclusions of its Strasbourg meetings the
European Council mentioned the signing of the
Convention determining the ^tate responsible for
examining applications for asylum lodged in one of the
member states of the European Communities. H^e aims
of the Convention are^

^ to establish rules for determiningwhich member ^tate
is responsible for examining an application for
asylums thus putting an end to the problem of
asylumDseekers moving successively from one
member ^tate to another

DD to find the solution best suited to the situationthat

will prevail in the Community once internal frontiers
have been dismantled.

This was one of the conditions that the ^Palma documents

describedasessentialtothefreemovement of persons
provided forinArticle^aoftheTreaty,

The national Parliaments will play their part in
implementing the Convention through the ratification
procedure to be followed in all member states. This
procedures which^ under national parliamentary law^
entails parliamentary debate and approvals allows
national Parliaments to exercise democratic control over

theconclusionoftheConvention,

TheConventionwassignedinDublinonl5junel990by
ll^iember states, Denmark announced that itwould do
its utmost to sign b y ^ l December and thus enable the
end^ofyear deadline fi^ed by theEuropeanCouncil in
Strasbourg to be met, COn the same occasions the ministers
responsible for immigration adopted a further public
statements which the Commission fully endorsed^
explaining ^ ^ r ^ ^ t h e purpose of the Convention.

The workprogrammesetby theEuropean Councilin
Strasbourg has therefore been completed si^ months
ahead of schedule.This was welcomed by the Dublin
EuropeanCouncil^whiche^pressed^thehope that this
Conventionwillbe signed by all member ^tatesbefore
the end of the year.

Lender A r t i c l e ^ ^ ^ the Convention will enter into force

on the first day of the third month followingthatin which
the ratification instrument is deposited by the last
signatory ^tatecompletingthis formality.

Conclusion of the Convention took up the bulk of the Ad
Hoc Immigration Croupes time during the Irish
Presidencyin accordance with the brief given to it by the
Strasbourg European Councils the Croup is also working
on the conclusion ofaconvention on the crossing of the

Community^ external borders. The Dublin European
Council reiterated the hope that this convention too
would beconcludedbytheendofthe year,

^ince the Convention on asylum has so far been signed by
l l ^ e m b e r states and therefore does not appear likely to
founder^there is no timetable forproposingadirective on
the rightof asylum.

C^ V^b^i^^DortDfDroc^^^fo^t^^iarcht990^Dn,^0D

w^rrr^^^E^TI^^^oie^B90

b y ^ V ^ o ^ A ^ e l o a ^ u ^ u ^

to theComm^ssio^ of the European Co^^u^ities

^ ^ ^ ^

^91BC90B^

^ ^ c r . Exchanging information on combating
unemployment

How many member states have so far formally
exchanged details of positive results achieved by their
respective strategies for combating unemployments

A^swe^g^e^by^sPapa^reou
o^i behalf oftheCo^^ussio^

^ ^ ^ ^

The exchange of information between member States isa
vital aspect of cooperation in the field of employmentA
comparison of approaches and analysis of successes and
failures can be important factors in the enrichment and
diversification of national and Community operations to
help people find work.

The European social Eund uses up t o ^ ^ o f its annual
budgetin financing ^the exchange of experience which has
amultipliereffect^Articlel^^ofRegulationt^EEC^
l ^ o ^ ^ B ^ o f l 9 D e c e m b e r l 9 ^ ^

Eoranumberofyears the Commission has had specific
programmes to facilitate such e^changes.^iisep mutual
informationsystemonemploymentpoliciesinEurope^
providesaperiodicreviewof^ember^tates^ employment
policies, ERCCO ^European Community action
programme for the long-term unemployed^ seeks to
encourage positive e^periencessuitableforinclusionin
national programmes.Throughawide^ranging inventory
of regional^ national and Community operations^
mobilization of all those involved in the campaign against
longtermunemploymentand assessment of nearly^OO
experiences^ ERCCO is attempting to set up the conditions
forasbroad^basedandfruitful an exchange as possible.

Although it is not possible to quantify exactly the results
of such e^changes^ there is neverthelessagrowinginterest

No C 90/18 Official Journal of the European Communities 8. 4. 91

in what is being done beyond national frontiers, and for a
number of years a greater degree of homogeneity of
employment policies has been noted.

O OJ No L 374, 31. 12.1988, p. 21.

WRITTEN QUESTION No 1664/90

by Mr Victor Arbeloa Muru (S)

to the Commission of the European Communities

_(4 July_ _1990)_

(91/C 90/29)

_Subject:_ Regional authorities and Community authority

Has the Commission not considered the need to prepare a
series of meetings, in cooperation with the national
parliaments and the Advisory Committee on Regional and
Local Authorities, to study the delicate question of
relations between the legislatures of the EEC, its Member
States and those regions which possess parliaments of
their own?

Answer given by Mr Millan
on behalf of the Commission

_(29 October 1990)_

The Commission is quite prepared to take part in
meetings organized around the subjects referred to by the
Honourable Member.

It firmly believes in the importance of associating regional
authorities in Community policies which have a regional
impact. Within the context of its structural policy it has
established partnership relations with the regional and
local authorities of the Member States. And the setting up
of the Consultative Council of Regional and Local
Authorities in June 1988 reflects the same concern.

WRITTEN QUESTION No 1681/90

by Mrs Guadalupe Ruiz-Gimenez Aguilar (LDR)

to the Commission of the European Communities

_(4 July_ _1990)_

(91/C 90/30)

_Subject:_ The generalized system of preferences in Latin
America

It is an established fact that the generalized system of
preferences (GSP) should enable developing countries to
benefit on an equal footing from the opportunities
offered by the system.

Because some developing countries are more
industrialized and have a higher level of economic and
commercial development, they benefit much more from
the GSP than other less-developed countries.

The European Community has tried to remedy this
inequality and imbalance, especially as far as the Central
American countries are concerned.

Can the Commission say what measures have been taken
by the Community to adjust and improve this system, in
particular for the benefit of the countries of Central
America, as decided at the San Jose V meeting?

Answer given by Mr Matutes
on behalf of the Commission

_(4_ _October 1990)_

The Commission acknowledges that Central America's
export performance under the GSP remains fairly modest,
principally because most of its exports are agricultural
products, which are not covered by the Community
system. The GSP is intended to promote industrialization
in developing countries and therefore focuses mainly on
industrial products. It is in this sector that Central
America's attempts at diversification can draw support
from the GSP in securing outlets in the Community and
expanding trade flows.

In 1987 the Community decided however, because of the
region's particular difficulties, to anticipate the Uruguay
Round's offer on green coffee and considerably reduced
customs duties. Furthermore, as stated in the San Jose VI
communique this year (Dublin, 9 and 10 April) and before
considering extending the GSP to other products, the
Commission, with the countries concerned, is continuing
to look into the reasons why the system is under-utilized
and how to remedy this. The countries of the Central
American common market must make similar efforts,
particularly with a view to making full use of regional
cumulation under the rules of origin of the Community
GSP. It should be noted in this connection that the new
system of regional cumulation adopted in 1985, which is
more advantageous for the countries in question, has not
yet been implemented because the countries of the
Central American common market have not given an
undertaking to comply with _inter_ _alia_ the provisions on
administrative cooperation in Council Regulation (EEC)
No 2955/85 ('). Once the Commission receives this
undertaking, the system will replace that provided for by
Commission Regulation (EEC) No 3751/83 of 23
December 1983 ( [2] ).

(*) OJNoL285,22.10.1985, p. 4.
O OJ No L 372, 31.12. 1983, p. 60.

8. 4. 91 Official Journal of the European Communities No C 90/19

WRITTEN QUESTION No 1687/90

by Mr Virginio Bettini (V)

to the Commission of the European Communities

_(5_ _July 1990)_

(91/C 90/31)

_Subject:_ Failure to act on the part of the Commission

Mrs Marina Baraldini, a Commission official, was killed
in an air crash at 2.45 p.m. on 19 September 1989 when
travelling on mission. Her death was confirmed by UTA
— the airline whose plane exploded in mid-air — 24
hours after the disaster. Three days later Mr Delors, the
President of the Commission, sent a telegram of
condolence to Mrs Baraldini's family.

Can the Commission say:

1. why the administration of the Commission and, more
particularly, its welfare service, which is supposed to
pay out the sums due to the family, refused to
acknowledge Mrs Baraldini's death for several months
and failed to take any action on the matter?

2. why, on the other hand, the pay office suspended
payment of Mrs Baraldini's salary by means of a
telephone call? Was a written document perhaps
produced on the subject?

3. if so, why was this document not forwarded to the
welfare service?

4. why Mrs Baraldini's mother had to call in a lawyer in
order to command respect and safeguard her dignity
and her interests (as the Commission knows, she lives
alone, her only income being an old-age pension)
although it was the Commission's duty to pay the
funeral expenses, since Mrs Baraldini died while
carrying out her duties as an official?

5. which official or officials have failed to do their job
properly and what steps the Commission will take to
punish them?

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

_(7 December 1990)_

The Commission deeply regrets the death of Mrs
Baraldini.

Under the Staff Regulations, the normal practice of the
administration in the event of the death of an official who

has no dependent spouse or child is to halt payment of
salary immediately.

Accidental death gives entitlement to a lump sum life
insurance payment which may be paid out to the heirs of
the deceased official, in this case the mother of Mrs
Baraldini. The life insurance is taken out with a company

with which the institutions have concluded a policy
covering accidents.

Because of the exceptional circumstances of the accident
in which Mrs Baraldini lost her life, the notarized death
certificate required by the insurance company in order to
pay the benefit — was not available until 19 March 1990,
a fact over which the administration had no control.

The various departments concerned were therefore not
able to begin processing the insurance papers until the
date.

An account of the procedure was given to Mrs Baraldini's
mother and all the amounts due have since been paid.

The Commission considers that its departments handled
this case correctly, reconciling the legal requirements with
the social assistance which has to be provided in such

cases.

WRITTEN QUESTION No 1779/90

byMrPaulStaes(V)

to the Commission of the European Communities

_(12 July 1990)_

(91/C 90/32)

_Subject:_ Violation of the Ramsar Convention

Along the right bank of the Scheldt lie strips of shore
which are of great importance for migratory birds and
are, for this reason, included in the lists of areas protected
under the Ramsar Convention.

A few years ago, an initial assault was carried out against
these areas through the building of a container port in the
'Galgeschoor' as part of the extension of the port of
Antwerp.

A second assault is now being prepared on the same
stretch of shore, protected under the Ramsar Convention,
in the form of a second container terminal on the Scheldt

in the 'Groot Buitenschoor' area.

Is the Commission prepared to help to ensure that the
Ramsar Convention does not become a dead letter in the

EC, for example by preventing this second Antwerp
(European City of Culture in 1993) assault?

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

_(20 September 1990)_

Although the requirements concerning the status of the
contracting parties prevent the Community from signing

No C 90/20 Official Journal of the European Communities 8. 4. 91

the Ramsar Convention, the text has had a bearing on
Commission activity since the 1970s:

— the Commission recommendation of 20 December

1974 (') calls on Member States which have not
already done so to accede to the Ramsar Convention
as soon as possible;

— Directive 79/409/EEC ( [2] ) on the protection of wild
birds recommends that Member States pay special
attention to wetlands of international importance
when selecting special protection areas;

— for many years the Commission has been working in
close collaboration with the institutions responsible
for managing the Ramsar Convention.

In addition, the fourth conference of contracting parties
to the Ramsar Convention, held this year in Montreux,
has approved a recommendation which firmly supports
the establishment of closer links between the Commission

and the Ramsar Convention, with a view to taking joint
action to promote the conservation and rational use of
wetlands.

With regard to the projects threatening the 'Groot
Buitenschoor' area, the Commission will ask the Member
State concerned for information on the problems raised
by the Honourable Member. It will then examine the case
in order to decide whether or not Community legislation
is being infringed. The Honourable Member will be
informed of its findings.

(') OJNoL21,28.1.1975, p. 24.
O OJ No L 103, 25. 4.1979, p. 1.

WRITTEN QUESTION No 1784/90

by Mr Eisso Woltjer and Mrs Annemarie Goedmakers (S)

to the Commission of the European Communities

_(13 July 1990)_

(91/C 90/33)

_Subject:_ Monitoring of fisheries policy

1. Is the Commission aware of the reports in the Dutch
media and the ensuing statements by the Dutch Minister
of Agriculture, Nature Conservation and Fisheries
concerning possible irregularities in the monitoring of
compliance with the fishing quota arrangements?

2. Can the Commission indicate for the past three
years, when and how it has been informed by the
competent Dutch authorities of problems in connection
with the monitoring of compliance with these
arrangements?

3. Has the Commission been informed by its own
inspectors of problems in connection with the monitoring
of compliance with the fish quota arrangements in the
Member States? If so, when, and what were the findings?

4. Does the Commission not see a need, when trade
results reveal that quotas have been exceeded and no
redress can be sought from individual fishermen, to
reduce the national quota?

5. What view does the Commission take of the

situation in the Netherlands whereby the same Ministry is
responsible for implementing Community fisheries policy
and for monitoring compliance with that policy?

6. Does the Commission not regard it as desirable to
seek a strict separation of responsibilities in the
Community for the formulation and implementation of
policy on the one hand and the monitoring of compliance
with that policy on the other?

7. In view of the recurring problems with the
implementation of Community fisheries policy, is the
Commission prepared to put forward proposals to
improve monitoring in line with the recent
recommendations by the European Parliament?

Answer given by Mr Marin
on behalf of the Commission

_(13 November 1990)_

1. The Commission is aware of the reports and
statements in question.

2 and 3. The Commission is in continuing touch with
the Netherlands authorities and with the authorities of all

the other Member States concerned with the enforcement

of the common fisheries policy. In some cases the
authorities themselves take up an enforcement problem
with the Commission; in other cases the Commission
learns of such a problem through, for example, the visits
of its fisheries inspectors to the Member States.

4. Community legislation does not provide, in general,
for Member State quotas to be reduced following
overfishing of the quotas in a previous year. Deductions
may, however, be made from a Member State's quota in
order to compensate another Member State where the
latter has been prevented from fishing its own quota by
the overfishing of the former Member State.

5 and 6. Such a situation, which is also found in certain
Member States other than the Netherlands, does not
appear to the Commission to be unacceptable in itself.
The separation of responsibility for formulating and
implementing policy on the one hand and monitoring

8.4.91 Official Journal of the European Communities No C 90/21

compliance with the policy on the other does not appear
to be indispensable as a matter of principle.

7. The Commission has always welcomed Parliament's
interest in fisheries enforcement and invariably pays
careful attention to its recommendations on the subject.
In recent years the Community's enforcement legislation
has several times been improved, the number of
Commission inspectors has increased and more
Community money has been made available for
enforcement purposes. The Commission would wish,
however, to draw attention to the inherent difficulty of
securing respect for the fisheries conservation rules in the
present situation of excessive fishing capacity. To reduce
that capacity significantly would probably greatly
facilitate and improve enforcement.

WRITTEN QUESTION No 1815/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(13 July 1990)_

(91/C 90/34)

_Subject:_ Meeting the costs of flight delays

According to a report by the Association of European
Airlines, about one-quarter of European flights were
delayed for at least 15 minutes last year, costing airlines
and passengers $ 37 billion. To be more precise, 24,8 % of
European flights were delayed by 15 minutes or more last
year, compared with 19% in 1988, 14,9% in 1987 and
12,5% in 1986. Will the Commission take specific
measures to deal with this particularly serious situation?

Answer given by Mr Van Miert
on behalf of the Commission

_(18 October 1990)_

The Commission is deeply concerned about the negative
impact air traffic congestion and social unrest among
controllers or technicians have on airlines, industry in
general and the travelling public.

While economic penalties to airspace users have been
estimated — and are indeed severe — those affecting
business travellers are unquantifiable but almost certainly
important.

Likewise impossible to assess — but equally disturbing —
would be a loss of confidence in the European air

transport system if — in the worst case — the proportion
of flights experiencing serious delays increased
throughout the next few years.

Considering the implications, it would not be an
exaggeration to state that the Community's air transport
policy might be jeopardized should the present situation
deteriorate even further. For this reason, the Commission
cannot remain passive and efforts will be made to solve
the problem, both through political influence and by
direct cooperation with all interested parties.

For the short to medium term, the Commission will
support whatever measures are required to correct present
system deficiencies, by submitting proposals if necessary.
As regards the longer term, our technical services are
undertaking an in-depth study aimed at the development
of a unified pan-European air traffic management system,
which the Commission believes is the only real solution to
this problem.

WRITTEN QUESTION No 1834/90

by Mr Joaquim Miranda da Silva and Mr Carlos Carvalhas

(CG)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 90/35)

_Subject:_ Involvement of Portuguese local authorities in
the management of regional programmes

Portuguese local authorities and the municipal
associations to which they belong have been relegated to a
secondary or even marginal role in the management
of integrated development operations, operational
programmes and global subsidies to the benefit of the
central government and its regional representatives
(Regional Coordination Committees). Yet they are
responsible for the majority of programmes submitted in
this context and bear most of the cost of the programmes
at national level.

Apart from causing significant delays in implementing
programmes, this state of affairs is leading the local
authorities to call with increasing insistence for a degree
of involvement in management units commensurate with
their responsibilities at operational level.

The Commission follows these problems closely and has
attended meetings, especially in the global monitoring
committee, at which they have been directly or indirectly
discussed. It is also familiar with the guidelines which
prevailed in the reform of the structural funds. What is
the Commission's position on this situation?

No C 90/22 Official Journal of the European Communities 8. 4. 91

Answer given by Mr Millan
on behalf of the Commission

_(30 October 1990)_

The Commission is well aware of the need to associate

Portuguese local authorities (autarquias) and associations
of municipalities of the various forms of assistance from
the European Regional Development Fund to Portugal.
Provision for such association was made in the reform of

the Community's structural Funds and constitutes an
essential part of the concept of 'partnership', which, as is
well known, entails 'close consultations between the
Commission, the Member State concerned and the
competent authorities designated by the latter at national,
regional, local or other level, with each party acting as a
partner in pursuit of a common goal' (Article 4(1) of
Council Regulation (EEC) No 2052/88) (').

The Commission believes that the close association of the

Portuguese municipalities with the negotiation and
management of the various types of assistance will help to
define the objectives of assistance in a more realistic
fashion and ensure that the measures planned are
implemented more effectively.

Accordingly, the Commission, with the agreement of the
Portuguese Government, has ensured that the
municipalities concerned participate regularly in the
negotiation of the regional operational programmes and a
very large number of their suggestions and desires have
been incorporated in those programmes. It is nevertheless
clear that, since the Commission cannot negotiate directly
with all the municipalities concerned, their participation
has had to be on a representative basis.

There is also provision for the municipalities to
participate in the implementation and monitoring of the
regional operational programmes. All programmes
approved specify that their management bodies must
include representatives of the municipalities and the same
is true of the programme Monitoring Committees.

The Commission would also point out that:

(a) local authority representatives sit on the Monitoring
Committee for the Community support framework
for Portugal; and

(b) a representative of the 'Associacao Nacional de
Municipios' sits on the Monitoring Committee for
the global grant for local development, approved by
the Commission for the purpose of providing interest
subsidies on loans to municipalities by the 'Caixa
Geral de Depositos'.

The Commission considers that this situation should, for
the time being, meet the concerns of the Honourable
Members. It would also stress that it intends to ensure

that the municipalities will in future play an active role in
developing the measures planned under the various types
of assistance listed above.

O OJ No LI 85,15.7. 1988.

WRITTEN QUESTION No 1836/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 90/36)

_Subject:_ Resider programme

What programmes are to be financed in Portugal and
Spain, by funds allocated to the Resider programme, and
in which regions?

Answer given by Millan
on behalf of the Commission

_(30 October 1990)_

Up to 10 September 1990, the Commission has approved
nine Resider programmes in regions in Spain, the Federal
Republic of Germany, France and the United Kingdom
involving ERDF assistance of almost ECU 180 million.
The programmes approved are the following:

_(in millions_ _of ECU)_

ERDF

Assistance

64,5

13,7

5,4

13,0

12,0

15,7

42,6

7,4

4,4

D

D

Region

Nordrhein-Westfalen

Saarland

UK S. Yorkshire/Humberside

decision

1988

1988

1988

1989

1989

1990

1990

1990

1990

E

E

F

F

D

D

Asturias

Pais Vasco

Nord-Pas-de-Calais

Lorraine

Mitdere Oberpfalz

Braunschweig/Salzgitter

A further eight programmes for regions in Portugal
(Setubal), Belgium, Luxembourg and Italy are currently
under consideration by the Commission. In addition, in
July of this year the Commission decided that the
commune of Naples and the province of Taranto in Italy
are eligible for assistance under Resider.

8. 4. 91 Official Journal of the European Communities No C 90/23

WRITTEN QUESTION No 1838/90

by Mrs Annemarie Goedmakers

and Mr John Tomlinson (S)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 90/37)

_Subject:_ Recovery of wrongful payments within the
framework of the common agricultural policy

Cooperation between the Member States and the
Commission is essential if fraud at the expense of the EC
budget is to be effectively countered. Member States are
legally obliged to monitor the proper implementation of
the common agricultural policy. Part of this cooperation
procedure consists in Member States notifying the
Commission of cases of fraud. If monies wrongfully paid
are not recovered in full, the financial consequences of the
irregularities or negligence are borne by the Community,
with the exception of the consequences of irregularities or
negligence attributable to administrative authorities or
other bodies of the Member States (Regulation (EEC)
No 729/70).

1. Can the Commission indicate what amounts paid to
third parties within the framework of the common
agricultural policy were claimed back under
Regulation (EEC) No 729/70, in which year, for what
reason and by which Member States?

2. Does the Commission agree with the view expressed
in some quarters, to the effect that timely notification
of cases of fraud and optimal cooperation between the
Member States and the Commission may be hampered
by Member States' fear of being obliged to bear
the financial consequences of previous wrongful
payments to third parties?

Answer given by Mr Delors
on behalf of the Commission

_(12 October 1990)_

1. The Honourable Members are referred to the

EAGGF financial reports presented by the Commission,
which show the exact sums recovered by each Member
State each year.

2. It is true that Member States' fear of having to bear
the financial consequences of irregularities notified to the
Commission has in the past hampered the development
of close cooperation. The Commission is aware of
this problem and has endeavoured to clear up
misunderstandings and allay any albeit unwarranted fears
that might still persist (in only seven cases have the
financial consequences of irregularities in fact been borne
by Member States) and to restore in its relations with the

national government departments a modicum of trust
conducive to constructive cooperation.

The Commission welcomes the progress made during the
last few years, which is reflected in the very significant
increase in the number of irregularities notified.

WRITTEN QUESTION No 1843/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 90/38)

_Subject:_ Long-term unemployment

Although the total number of job-seekers has diminished
over the last few years in the Community, long-term
unemployment figures have, paradoxically, remained
high.

How does the Commission explain this and what
measures could be envisaged to remedy the situation?

Answer given by Mrs Papandreou
on behalf of the Commission

_(18 September 1990)_

Long-term unemployment affects those of the
unemployed with the greatest combined number of
serious handicaps on the labour market. Improvements in
the economic situation have first and foremost been to the

advantage of new arrivals (women, the non-working
population and young people) and those of the
unemployed who are the easiest to place in jobs.

The Member States' policies involve providing
information and guidance, vocational training, start-up or
cessation assistance and employment aid. There are many
comprehensive schemes of these types, supplemented by
the Community's own operations.

The Community's main instrument in this area is the
European Social Fund: Objective No 3 for the reform of
the structural Funds deals entirely with combating
unemployment, which in practical terms has meant the
setting up of the Community support frameworks, most
of which were finalized by the end of 1989. The CSFs
make provision for ECU 1 704 million to be allocated to
Objective No 3 outside the regions covered by Objective
No 1 between 1990 and 1992 and ECU 1 104 million in

the regions covered by Objective No 1 between 1989 and
1993. The ESF seeks to give priority to financing aid to
encourage the taking on of workers and vocational
training schemes designed to give the long-term
unemployed forms of training suited to their skills, geared

No C 90/24 Official Journal of the European Communities 8. 4. 91

to the needs of the market and involving some work
experience. There are also other resources which can be
deployed in the service of combating long-term
unemployment as part of initiatives by the Community.

There is a special programme called ERGO which
combines this approach with action to raise awareness
among the various interests involved, pinpoint initiatives
currently under way and evaluate 150 pilot projects.

The Commission's analyses of persistent and disturbingly
high levels of long-term unemployment have been
published in several occasions, in the reports on
Employment in Europe 1989 and 1990 and in its papers on
combating long-term unemployment (*).

O SEC(90)361.

WRITTEN QUESTION No 1852/90

by Mr Karl von Wogau (PPE)

to the Commission of die European Communities

_(20 July 1990)_

(91/C 90/39)

_Subject:_ Advertising for group travel in france

Is the Commission aware that advertisements for group
travel in French newspapers need to display a licence
number and that, according to information in France,
such licence numbers are not issued to operators from
other Member States?

Does the Commission agree that this constitutes
infringement of the provisions of the EEC Treaty, and
what action does it intend to take?

Answer given by Mr Bangemann
on behalf of the Commission

_'(23 October 1990)_

The Commission is not aware of the situation described

by the Honourable Member. The additional information
provided by the Honourable Member gives no indication
as to the precise nature of the licence number in question
or whether the obligation to indicate this number is the
result of French Government regulations or simply the
private practice of the newspaper in question. The
relevant provisions of Community law which might apply
in this connection normally concern only the public
authorities. An action for infringement of the EEC Treaty
would be difficult to conceive in such a case. The

Commission therefore requires more precise information
on the above points before it can adopt a final position on
the matter.

WRITTEN QUESTION No 1866/90

by Mr Juan Garaikoetxea Urriza (ARC)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 90/40)

_Subject:_ Article 10 of the ERDF Regulation

Can the Commission give a detailed report of the studies
and pilot projects financed to date under Article 10 of the
ERDF Regulation?

Answer given by Mr Millan
on behalf of the Commission

_(4 January 1991)_

The Honourable Member will find below the list of pilot
projects and studies co-financed and financed to date
under Article 10 of the ERDF Regulation.

1. Studies

1.1 _Strategic Document 2 000_

— 'Future evolution of the Transport sector'

— 'Impact of the Channel Tunnel'

— 'Experience canadienne modelisation'

— 'Faisabilite d'un outil de simulation du developpement
regional en Europe'

— 'Prospectif d'utilisation de l'espace communautaire'

— 'Etude prospective — regions atlantiques'

1.2 _Cross-border studies_

— Portugal/Spain

— United Kingdom/Ireland

— United Kingdom/France

— Denmark/Germany

— Germany/France

— France/Italy

— France/Belgium

— Belgium/Netherlands

— Sarre—Lor—Lux (Re-engagement)

1.3 _Urban_ _issues_

— Urbanization and the function of cities in the

European Community

2. Pilot projects

2.1 _Cross-border pilot projects_

_—_
D-NL: Euregio, Ems—Dollart, Rhein—Maas—Nord

— D-NL-B: Euregio Maas Rhein

— D-NL: Rhein-Waal

8. 4. 91 Official Journal of the European Communities No C 90/25

— B-NL:BNLMiddelgebied

— E-F: Frontiere Franco-Espagnole

— F-D: Alsace—Karlsruhe—Siidpfalz

— GR: (external borders study)

— D-F-L: Sarre—Lor—Lux

— D-DK: Jutland—Flensburg

— B-F: Nord-PdC-Wal

— B-L-F:PED

— Cross-border observatory

2.2 _Urban pilot projects_

— London

— Marseilles

— Berlin

— Rotterdam

2.3 _Interregional_ _cooperation —_ _pilot projects_

— exchange of experience schemes through the
interregional organizations:

— Conseil des Communes et Regions d'Europe —
CCRE

— Assemblee des Regions d'Europe — ARE

— International Union of Local Authorities — IULA

WRITTEN QUESTION No 1881/90

by Mrs Solange Fernex (V)

to the Commission of the European Communities

_(2 August_ _1990)_

(91/C90/41)

_Subject:_ Veterinary officials' assistants in
slaughterhouses

In three draft proposals for regulations on health rules for
the production and marketing of meat from game and
rabbits, fresh meat and fresh poultrymeat, reference is
made to a specialized (auxiliary) team to assist veterinary
officials in slaughterhouses.

Since present levels of training vary from the advanced
(the French 'Technicien Service Veterinaire') to the basic
(the German 'Fleischkontrolleur') and, in some cases, no
training is given at all (slaughterhouse workers in Belgium
and Italy), can the Commission say why the question of
initial training for assistants has been downplayed?

Since the required levels of competence of the assistants
vary from one draft proposal to the other, why does the

Commission not take advantage of the opportunity
offered by these three draft proposals to harmonize
assistants' qualifications?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(13 December 1990)_

The Commission is well aware of the different levels of
training for persons assisting veterinary officials in
different Member States.

On 1 February 1990 the Commission presented a proposal
laying down health rules for the production and placing
on the market of fresh meat (') and on 5 February a
corresponding proposal for fresh poultrymeat ( [2] ).

The two proposals specify in their Annex II the
theoretical and practical knowledge required to qualify as
assistant which will be subject to an official test. As the
Honourable Member suggests, there will be
harmonization of the skills required in the Member States
with a definite possibility of combining the two types of
training (meat and poultrymeat).

As regards meat from game and rabbits, provisions of the
same type are planned.

(') COM(89) 673 final.
O COM(89) 668 final.

WRITTEN QUESTION No 1903/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(2 August_ _1990)_

(91/C 90/42)

_Subject:_ Payment of mileage allowances for Commission
staff

What mileage allowance does the Commission pay to its
employees for carrying out their duties of employment in
respect of:

(a) motor cars in excess of 2 000 cc,

(b) motor cars of less than 2 000 cc, and

(c) bicycles?

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

_(2_ _October 1990)_

Article 15 of Annex VII of the Staff Regulations gives the
following rule:

No C 90/26 Official Journal of the European Communities 8. 4. 91

'By decision of the appointing authority, officials in
grades A 1 and A 2 who do not have an official car at
their disposal may receive a fixed allowance, not
exceeding Bfrs 36 000 a year to cover normal travel
within the boundaries of the town in which they are
employed.

The allowance may, by reasoned decision of the
appointing authority, be granted to an official whose
duties constantly require him to make journeys for
which he is authorized to use his own car.'

No distinction is made between the different types of cars
or other vehicles.

Mission expenses are governed by Articles 11 to 13 of
Annex VII of the Staff Regulations. An official travelling
on mission is entitled to reimbursement of travel

expenses, normally the cost of rail transport by the
shortest route. Under certain circumstances the official

may be authorized to use his own car. In that case,
reimbursement shall equally be calculated on the basis of
cost of rail transport. Again, the differences in types of
vehicle are not taken into account.

WRITTEN QUESTION No 1906/90

by Mrs Marie-Christine Aulas, Mrs Brigitte Ernst de la
Graete, Mr Eugenio Melandri, Mr Marco Taradash and

Mr Wafried Tdkimper (V)

to the Commission of the European Communities

_(2 August 1990)_

(91/C 90/43)

_Subject:_ Financial aid to Papua New Guinea

In May 1990, immediately after the unilateral declaration
of independence by Bougainville, the EEC, along with
several industralized countries, the IMF, and a number of
international banks, granted $A 929 million to Papua
New Guinea.

What is the exact amount of the EEC's aid, and for what
precise purpose is it intended?

Is some of this aid intended for the support of refugees
from the territory occupied by Indonesia? What is the
amount in question, and for what projects is it intended?

In the last two Lome Conventions, what amount was
budgeted for the support of refugees? Which projects
were supported? How many refugees were employed in

carrying out these projects? What percentage of the
refugee population do they represent?

Answer given by Mr Marin
on behalf of the Commission

_(23 November 1990)_

In 1988, Papua New Guinea asked the World Bank to
organize annual Consultative Group meetings to enable
the donor community to periodically update their aid
programmes. At these meetings, donors engage in a
pledging exercise for the current and coming years to
enable the recipient country to have some idea of how
much financial aid they can realistically expect to receive.

At this year's Consultative Group meeting, held in
Singapore on 17—18 May, each participant, including the
EEC Commission, indicated the total amount of aid
Papua New Guinea could expect from them in 1990 (total:
$US 710 million).

It is worth pointing out that this pledging exercise was not
linked in any way to the unilateral declaration of
independence on Bougainville which was reported whilst
the meeting was taking place.

At this Consultative Group meeting, the Commission's
contribution took the form of a comprehensive
PNG-Commission plan for the allocation of outstanding
balances from Lome I, II and III Indicative Programmes
(ECU 8,8 million in all) and for the use of ECU 18 million
from Papua New Guinea's Lome III Sysmin entitlement.
Actions include: 1) a contribution (ECU 3 million) to a
World Bank-coordinated Programme to mitigate the
social effects of structural adjustment; 2) a ECU 5,5
million sectoral import programme to alleviate PNG's
balance of payments difficulties in 1990 and ECU 18
million for road maintenance and rehabilitation.

Aid to refugees in Papua New Guinea started in 1987 (i.e.
under Lome III) when the border crossers were
recognized as refugees and started to move from their
makeshift camps along the Indonesian border to a more
permanent relocation site in East Awin.

Under Article 204 of Lome III the Commission has

provided an amount of ECU 730 000 to help with the
development needs of refugees from Irian Jaya in Papua
New Guinea. This project, which is being co-financed
with UNHCR and the Government of Papua New
Guinea, is to facilitate the resettlement and integration of
refugees through building of roads, schools and the
provision of a water truck. At present there are about
3 400 refugees in East Awin, equivalent to 750 heads of
household. Many adult refugees are involved in education
and health schemes, sawmilling, construction, joinery and
similar work. On the EEC projects proper the number of
refugees engaged in the operation of transport
equipment, erection of the school buildings and
construction of the two access roads averages about 30.

8. 4. 91 Official Journal of the European Communities No C 90/27

WRITTEN QUESTION No 1935/90

by Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(1 September 1990)_

(91/C90/44)

_Subject:_ Intensification of Community policy in the field
of aquaculture

The serious problems which have arisen concerning the
conservation of fish stocks make it necessary to strike a
balance between the need to conserve fish stocks on the

one hand and the need to meet demand for fish products
on the other.

In order to achieve this balance it is necessary to promote
the development of aquaculture as an alternative means of
meeting demand for fish products.

In addition to the drastic measures which the Commission

proposes to adopt — in view of the extreme situation
which has occurred in respect of fish stocks — does the
Commission consider that Community policy should be
reviewed in order to promote aquaculture in the Member
States to a much greater degree, thus providing a
genuinely alternative means of satisfying demand for fish
products on the Community market?

Answer given by Mr Marin
on behalf of the Commission

_(23 October 1990)_

The main aim of the Community's encouragement of the
development of aquaculture is to contribute towards
improving the situation regarding the supply of fish
products to the Community market, which the
Honourable Member rightly points out is in a serious and
lasting state of imbalance.

The development of aquaculture will make a gradually
increasing contribution towards the stabilizing or even
reducing the trade balance deficit in fish products as
the economic factors of aquaculture production and
environmental constraints permit.

In this connection, it should be pointed out that, under
Regulation (EEC) No 4028/88 ( [!] ), the Fisheries Fund
has made major financial contributions towards the
development of this sector.

This financial encouragement has had very positive
results, especially in trout and salmon production and in
the launching of fish farms for Mediterranean species
(bass and sea-bream).

In 1989 aquaculture generated a turnover of ECU 1 200
million for all Community countries.

This turnover represents 17 % of these countries' turnover
for the sea fishing industry (ECU 7 000 million in 1989)
and this figure is rising constantly.

These results fully justify the Community's current policy
on aquaculture which, thanks to technically and
economically well-managed fish farms, is developing and
growing strongly.

However, as part of the reform of the structural Funds,
the Commission is considering amending the basic
Regulation (EEC) No 4028/86, in order to better adapt
the measures promoting the development of aquaculture
to the real needs of this sector, providing a better response
to the demand for fishery products.

O OJ No L 376, 31.12.1986.

WRITTEN QUESTION No 1936/90

by Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/45)

_Subject:_ Standard Community-wide employment
contract for students on work experience

programmes

It is becoming increasingly frequent for students — in
particular language students — to round off their studies
by working in another Community Member State in order
to improve their idiomatic grasp of the language spoken
there.

In general, the undertakings in the host Member State
offer such students a temporary contract of six to 12
months which sets out all the terms of their employment.

In order to promote this type of work experience, does
the Commission consider it appropriate to propose to
the Member States a standard form of temporary
employment contract for Community students wishing to
work in Member States other than their own for the

purpose stated above, in order to harmonize the terms of
temporary employment and the various safeguards which
should accompany such employment?

Answer given by Mrs Papandreou
on behalf of the Commission

_(4 January 1991)_

The Commission has no plans to propose to the Member
States a standard form of temporary employment contract

No C 90/28 Official Journal of the European Communities 8.4.91

for Community students going to another Member State
to work there.

WRITTEN QUESTION No 1944/90

by Mrs Marie-Claude Vayssade (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/46)

_Subject:_ The profession of psychoanalyst and
preparations for 1992

Is it true that in preparation for 1992 the Commission is
drawing up one or more proposals for regulations
concerning the profession of psychoanalyst?

If so, what are its intentions in this respect?

Answer given by Mr Bangemann
on behalf of the Commission

_(23 October 1990)_

The Commission is not planning to present a proposal for
a specific Directive on the recognition of psychoanalysts'
diplomas.

Given that a distinction has to be made according to
whether psychoanalysis is practised by doctors or, where
the medical monopoly which may be laid down by the
national laws of the Member State in question allows this,
by qualified professionals who are not doctors, the
Community law that is or will be applicable is as follows:

Doctors are governed by the 'doctors' Directives
75/362/EEC and 75/363/EEC O (as last amended by
Directive 89/594/EEC) ( [2] ) which provide for the
recognition of diplomas and the coordination of the
training of doctors and certain specialists (including
psychiatrists and neuropsychiatrists).

By contrast, psychoanalysts, insofar as the profession is
regulated in the host Member State, will be governed
from 4 January 1991 by Council Directive 89/48/EEC ( [J] )
of 21 December 1988 on a general system for the
recognition of higher education diplomas awarded on
completion of professional education and training of at
least three years' duration.

This Directive which, by its general nature, represents a
new approach by the Commission to the recognition of
diplomas, deliberately excludes any coordination of
training and professional fields of activity. Given the
terms of this Directive, the Member State in question will
continue to have sole power to create or regulate or not
regulate a given profession and to define and organize the
corresponding training system. Any move to create a
profession of psychoanalyst on the territory of a given

Member State will therefore be governed solely by the law
of that State.

O OJ No L 167, 30.6.1975.
O OJ No L 341,23.11.1989.
0 OJNoL 19,24.1.1989.

WRITTEN QUESTION No 1955/90

by Mr Willem van Velzen (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/47)

_Subject:_ Refusal by the Commission to pay
unemployment benefit to a former member of
staff

1. Is the Commission aware that a former member of

the European Parliament's temporary staff was refused
authorization to register with the City of Brussels until
steps had been taken on her behalf by the Belgian
Ministry of Justice and a lawyer?

2. How does the Commission explain its refusal to pay
unemployment benefit during these three months given
that (a) the member of staff in question, owing to the
refusal by the City of Brussels to register her, could not
fulfil the conditions set out in the European Community
Staff Regulations, (b) the Commission was aware of these
problems and (c) the member of staff in question was able
to prove that he had no other source of income over this
period and was actively seeking employment?

3. Does the Commission consider the attitude of its

officials who advised the member of staff to avoid

problems by 'going back to where she came from' to be in
accordance with the spirit and letter of the European
Treaties?

4. How many similar cases are known to the
Commission and what measures does it intend to take?

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

_(12 December 1990)_

The Commission deeply regrets the difficulties
encountered by the person concerned in obtaining a
Belgian residence permit, which would have enabled her
to register with the Belgian employment authorities as
being out of work and to qualify for the unemployment
allowance provided for in Article 28 a of the Conditions
of Employment of Other Servants of the European
Communities. As far as the Commission is aware, this has
been the only such case since 1988, when Article 28 a was
first applied in practice.

It should be pointed out that one of the qualifying
conditions in Article 28 a is that the former member of the

8. 4. 91 Official Journal of the European Communities No C 90/29

temporary staff must be properly registered as seeking
employment with the national employment authorities
and must produce a certificate issued by them to that
effect.

The allowance is payable from the date of actual
registration but for not more than 24 months from the
date of termination of service.

The registration procedure requires that the person
concerned should hold a residence permit for the country
in question, which must be issued in accordance with
Community law, and in particular (for the period
following service on the temporary staff) Council
Directive 68/360/EEC of 15 October 1968 on the

abolition of restrictions on movement and residence

within the Community for workers of Member States and
their families (').

The person to whom the Honourable Member refers is
not being advised by the Commission in the manner he

suggests.

(') OJNoL257,19. 10.1968.

WRITTEN QUESTION No 1966/90

by Mr Eugenio Melandri and Mrs Marie-Christine Aulas

(V)

to the Commission of the European Communities

_(1 September 1990)_

(91 /C 90/48)

_Subject:_ Development project in Western Samoa

In respect of the development project in Western Samoa,
which, according to Communication IP (90) 525, is to
receive ECU 8,8 million in EDF financing:

1. How much of the total investment in the projected
power station is earmarked for vocational training
designed to enable the local populace to run the future
power station independently?

2. What is the degree of involvement of local
undertakings in the project and what is the percentage
of their contribution to the realization of the project
itself?

3. What European undertakings are involved in the
project and how much of the workforce has been
recruited locally?

Answer given by Mr Marin
on behalf of the Commission

_(23 November 1990)_

1. Although EDF funds allocated to the Afulilo
hydro-electric project (40% of total project costs) are

concentrated on physical inputs (works and supply), an
amount of ECU 154 000 is reserved for the training of
local (Electric Power Corporation) agents. The EPC
already possesses an experienced staff of Samoan
technicians and institutional strengthening in the form of
management, vocational training and technical assistance
is being provided by the Asian Development Bank as a
co-donor and is also expected to be provided by German
bilateral aid.

As part of the EDF-funded AE 4 contract (see below),
there will be two traineeships in Europe and several
organized on the spot.

2. The West Samoan Government is putting up the
equivalent of ECU 3 million (13,5 % of total project costs)
for work to be carried out by the government owned
Electric Power Cooperation (part of line erection,
reservoir clearing and access roads). Local engineering
consultants also participated in the preliminary project
studies (design) and are helping provide site supervision.

3. The bulk of EDF funds concern supplies (ECU 4,7
million) and contracts have been awarded as follows:

— AM 2 Pipes and hydraulic structures: PPI
(Netherlands)

— AE 4 Generators and electrical equipment: Coelco
(Italy)

— AE 5 Transmission line materials: Results of tender

not yet known — assembly of equipment will be
carried out by EPC personnel.

The EDF contribution to part of the civil works
component of the project is of ECU 2,8 million. This
contract has been awarded to the German firm Riepl and,
although it is difficult to quantify, the firm will be
recruiting welders and other personnel on the local
market.

Consulting services on the European side are being
provided by the German firm Fichtner and site
supervision by the German firm Lahmeyer.

WRITTEN QUESTION No 1972/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C90/49)

_Subject:_ EC trade with India, Punjab and Kashmir

What are the trade figures for:

1. EC and India?

No C 90/30 Official Journal of the European Communities 8. 4. 91

2. EC and Kashmir?

3. EC and Punjab?

How may Kashmiris and Punjabis live in each EC
Member State?

Answer given by Mr Matutes
on behalf of the Commission

_(22 November 1990)_

The Commission is sending direct to the Honourable
Member and to the Secretariat of the European
Parliament some tables giving figures on trade between
India and the EEC.

The Commission has no data on the basis of which it

could answer the Honourable Member's other points,
since figures for the Punjab or Jammu and Kashmir
cannot be separated out of the external trade or
immigration statistics on India.

WRITTEN QUESTION No 1991/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/50)

_Subject:_ Court of Justice: Case 96/80

What action has been taken by the United Kingdom in
response to the judgment handed down by the Court on
31 March 1981 concerning J. P. Jenkins v. Kingsgate
(Case 96/80)?

Answer given by Mrs Papandreou
on behalf of the Commission

_(8 January 1991)_

On 31 March 1981 the Court of Justice handed down a

judgment following a request for a preliminary ruling
from the Employment Appeal Tribunal in Jenkins v.
Kingsgate.

This decision establishes that a difference in pay between
full-time workers and part-time workers does not amount
to discrimination prohibited by Article 119 of the Treaty
unless it is in reality merely an indirect way of reducing
the pay of part-time workers on the ground that the group
of workers is composed exclusively or predominantly of
women. The Court of Justice thus recognizes that sex
discrimination contrary to Article 119 of the Treaty may
be indirect.

Following the Court's judgment, the Employment Appeal
Tribunal ruled that the Sex Discrimination Act 1975 on

equal treatment should be taken to include the concept of
indirect discrimination and to apply also to equal pay.

WRITTEN QUESTION No 2002/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/51)

_Subject:_ Council and Commission committees

In 1980 the Commission published a list of Council and
Commission committees (EC Bulletin, Supplement 2/80)
with the intention of subsequently updating it.

Will the Commission publish an updated version of this
list, indicating which committees were set up under the
Council Decision of 13 July 1987?

Answer given by Mr Delors
on behalf of the Commission

_(4 January 1991)_

The Commission intends to update and publish the list to
which the Honourable Member refers.

WRITTEN QUESTION No 2003/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/52)

_Subject:_ Proceedings under Article 169 in the
broadcasting sector

In its answer of 26 May 1989 to my Written Question
No 850/88 O the Commission said that it had delivered a

reasoned opinion in view of two aspects of media law in
the Netherlands.

The first relates to the obligation for Dutch radio and
television broadcasting organization* whenever they

8.4.91 Official Journal of the European Communities No C 90/31

acquire programmes, to apportion a large percentage of
the funds at their disposal each year to a Dutch company.

The second relates to the ban on retransmission by cable
of satellite programmes which contain advertising
specifically directed at the Dutch public and which do not
meet six conditions also imposed on national

programmes.

Finally, the Commission announced that it had initiated
proceedings under Article 169 concerning the obligatory
percentage of television programmes originating in other
Member States having Dutch cultural character.

1. What stage has been reached in the above
proceedings?

2. Is the Commission engaged in other proceedings
under the EEC Treaty against any aspects of
Netherlands media policy? If so, what stage has been
reached by these proceedings?

O OJ No C 270,23.10.1989, p. 3.

Answer given by Mr Bangemann
on behalf of the Commission

_(18 October 1990)_

1. The Commission can inform the Honourable

Member that it has referred to the Court of Justice the

matter of the requirements imposed on Dutch radio and
television organizations in respect of the allocation of
funds granted to them and that of the restrictions on
the broadcasting of foreign programmes containing
advertising directed specifically at the Dutch public.

As regards the obligation to comply with cultural quotas,
the proceedings have reached the stage of a letter of
formal notice.

2. No other proceedings have been initiated under
Article 169 of the Treaty with regard to media law in the
Netherlands.

WRITTEN QUESTION No 2022/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/53)

_Subject:_ Collection of fines imposed by the Commission

The Commission appears to be making full use of the
powers given to it by the Treaties to impose fines on
undertakings infringing Community rules. Can it give

details on the fines imposed since 1 September 1989 and
the amounts actually collected?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(16 November 1990)_

Since 1 September 1989 the Commission has twice
imposed fines on undertakings for infringing the rules on
competition.

By its Decision of 13 December 1989
(IY732.026-Bayo-n-ox) ('), the Commission imposed a
fine of ECU 500 000 on Bayer AG for infringing
Article 85 of the Treaty of Rome. Collection of this fine
has been suspended provisionally, since the company in
question has lodged an appeal against the Decision with
the Court of First Instance and has agreed to provide a
bank guarantee.

The second case concerns the Decision of 18 July 1990 _Q)_
relating to a proceeding unter Article 65 of the ECSC
Treaty concerning an agreement and concerted practices
engaged in by European producers of cold-rolled stainless
steel flat products. By this Decision, six undertakings
were fined a total of ECU 425 000.

O OJ No L 21,26.1.1990.
O OJNoL220,15.9.1990.

WRITTEN QUESTION No 2023/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 90/54)

_Subject:_ Protection for mortgagor

Freedom to provide financial services covers mortgage
loans, which raises the problem of consumer protection in
respect of such loans. What steps«does the Commission
intend to take to ensure that borrowers are provided with
sufficient information (particularly concerning hidden
but real risks due to exchange rate differentials) and to
provide them with a minimum degree of protection?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(29 November 1990)_

There are at present no specific Community provisions
aimed at protecting individuals who take out mortgage
loans. A proposal for a Directive providing for such
measures which was submitted in 1985 (') and amended in
1988 _C)_ to take account of the opinion delivered by

No C 90/32 Official Journal of the European Communities 8. 4. 91

Parliament has not yet been the subject of a Council
decision. For that reason, the Commission is currently
examining the problems facing consumers as a result of
the opening-up of the mortgage credit market, although
this process is still in its early stages.

With particular regard to the exchange risk, it should be
emphasized that the liberalization of capital movements,
with Community nationals now being able to borrow in
any Community currency, including the ecu, constitutes a
not-inconsiderable advantage for consumers. That said,
the Commission will carefully monitor developments in
the mortgage sector within the single market and, should
any problems occur, will be ready to consider appropriate
solutions.

(') COM(84) 730; OJ No C 48, 14. 2.1985.
O COM(87) 255; OJ No C 161,19.6.1987.

WRITTEN QUESTION No 2026/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 90/55)

_Subject:_ Gender participation in Erasmus

May I thank the Commission for their answer to my
Written Question No 721/90 (Gender participation in
Erasmus) ( [l] ) in which the Commission draws my
attention to their earlier answer to the question submitted
by Mrs Ewing. However, could I respectfully point out
that the answer to Mrs Ewing's question does not answer
my question. Would the Commission, therefore, inform
me what subject areas within the Erasmus programme
women are in the minority, and by what means the
Commission intends to move towards gender parity in
these areas? I note in the Commission's answer to

Mrs Ewing's question that 'statistics on women's
participation in the teaching mobility programmes are not
available at all for the moment'. Could the Commission

say if they are now — in which case could the
Commission supply them — or, if they are not available,
could the Commission say when they will be?

(') OJNoC259,15.10. 1990, p. 37.

Answer given by Mme Papandreou
on behalf of the Commission

_(29 November 1990)_

Detailed statistics on actual student mobility under
Erasmus are only available when the reports of all student

Statistics on women's participation in teaching mobility
programmes are still not available but they will be sought
in future on the basis of revised reporting procedures or
sample surveys undertaken within the normal programme
of evaluation.

(') _Source:_ Eurostat publication on Girls and Boys in Secondary
and Higher Education, January 1990.

WRITTEN QUESTION No 2044/90

by Mrs Michele Alliot-Marie (RDE)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 90/56)

_Subject:_ Compensation for the disadvantages of sheep
farming in mountainous regions

Community sheep farming and marketing regulations
tend to favour the large areas of production, such as the
United Kingdom and the Mediterranean countries, to the

mobility grants are received and analysed. The figures for
1988/89 by sex and subject area are not yet available.
However, a preliminary analysis based on a sample survey
indicates an overall female participation of 54%. Figures
by subject area are available only for 1987/88 ('). If these
figures are compared with the figures for the total Higher
Education student population in the Community, 54 % of
all Erasmus students were female against an all EC 12
Higher Education student population figure of 46%.
Female students were in a significant minority (less than
40%) in Erasmus and in the Higher Education student
population at large, in fields such as agriculture,
architecture, engineering, mathematics and natural
science. However, the following table shows that in nearly
every case the ratio of women students under Erasmus is
considerably higher than in the student population at
large.

Female students

_(in %)_

EC Higher Education
student population

not available

34

10

32

35

Field of study

Agriculture

Architecture

Engineering

Mathematics

Natural Science

Erasmus
grantholders

29

50

22

45

34

8. 4. 91 Official Journal of the European Communities No C 90/33

detriment of hill-farming areas that face particular
problems.

In disadvantaged regions such as the Basque country and
Beam, sheep farmers suffer considerable natural
constraints and disadvantages and, because of their
difficulties and their extremely low income, many are
leaving the land with the ultimate risk that the countryside
will be deserted, thereby disrupting the natural order.

What measures is the Commission considering to
compensate inequalities among sheep farmers and to
adjust its aid and intervention policy to take account of
geographical particularities?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(29 October 1990)_

The common organization of the market in sheepmeat
provides for the payment of a premium per eligible ewe
based on the difference between the fixed basic and the

average market price in each region of the Community.
The gradual merging of the regions of the common
market organization, due for completion by the end of
1992 at the latest, will mean that this premium,
differentiated only as between flocks specializing either in
meat or milk production, will be common to all producers
throughout the Community.

In so far as less-favoured areas are concerned, measures at
both the market organization and structural levels are in
place in recognition of their particular circumstances. The
limitation on the number of ewes eligible to receive the
full premium per producer is set at 1 000 in less-favoured
areas as compared to 500 in other areas. Furthermore, the
Council has agreed that from 1991 onwards a special
premium of ECU 4 per ewe will be payable each year in
less favoured areas, thus easing the burden of the
stabilizer mechanism on producers with little alternative
to sheepmeat production. Within the structural policy, the
Community also grants compensatory payments in
respect of permanent natural handicaps to producers
located in mountainous and less-favoured areas. Indeed

the Commission has agreed that, in the system of
application presented by the French authorities, the
revaluation of payments for wintering in 1989—90 be
limited solely to sheep — the increase in payment is within
the range of 8 to 15 % depending on zone by comparison
to the previous wintering.

In addition to these measures, the Community also
provides assistance from the structural Funds to diversify
economic activity in less-developed rural areas.

Both the Basque country and Beam (partially) are eligible
for assistance under Objective 5 (b) of the structural
Funds.

WRITTEN QUESTION No 2053/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 90/57)

_Subject:_ Community aid to Guatemala

What Guatemalan aid projects receive Community
support, particularly in the refugee sector?

What assessment has been made of these projects to date?

Answer given by Mr Matutes
on behalf of the Commission

_(14 November 1990)_

Since the installation of a democratically elected
government in Guatemala in 1986 the Community has
been providing the country with a significant amount of
aid. Taking only the EEC's bilateral aid since then (which
is additional to Guatemala's share in regional projects),
this amounts to ECU 50 million, mainly in the form of
projects in support of small-scale peasant farming (3
integrated development projects in the Boca Costa area
and Solola Department, accounting for a total ECU 26
million) and providing food aud (ECU 13 million) and aid
for refugees and displaced persons (ECU 7 million).

In view of the difficulties the country has been facing,
particularly since 1989, the implementation of the various
projects, most of them not yet completed, must be
regarded as satisfactory on the whole. Turning
specifically to Community aid for refugees and displaced
persons, the Community has considerably stepped up its
action in Central America in general and Guatemala in
particular, as agreed at the EEC-Central American
ministerial meetings (San Jose) and at CIREFCA
(international conference on refugees in Central
America), the aim being to help turn into reality the
commitments to peace made at Esquipulas in August
1987.

For instance, since 1987 the nine projects summarized
below and, together accounting for ECU 6,4 million, have
been approved for Guatemala under Article 936 of the
budget (see annexed Table):

— two projects (ECU 2,05 million) concern the
voluntary repatriation of Guatemalen refugees from
Mexico. This is organized by the UNHCR and the
CEAR O ;

— one project is to resettle persons displaced within
Huehuetenango (ECU 2,5 million) and is to be carried
out by the Ministry of Development;

— six projects are to benefit displaced and repatriated
persons and are to be implemented by European
NGOs. The projects cover various aspects of health,
children's schooling and livestock farming.

At the end of June 1990 a team from Financial Control

inspected the UNHCR/CEAR projects for repatriating
those who had taken refuge in Mexico. Their report will
be available shortly.

(') Special Committee for Aid to Refugees.

No C 90/34 Official Journal of the European Communities 8. 4. 91

Aid projects in Guatemala to ensure the self-sufficiency of refugees and displaced persons (Item

9360 of the budget)

Body

MSF/FR

ERM/FR

UNHCR/CEAR

MINDES

VSF/FR

MdM/FR

UNHCR/CEAR

ESF/FR

VSF/FR

UNHCR

EEC commitments

(ECU '000)

290

300

800

2 550

180

300

1250

280

450

6 400

600

Project

87/1/AD

87/2/AD

87/5/AR

88/7/RR

88/8/RR

88/17/RR

88/18/RR

89/7/AD

AC/RR/4/90

Total

token entry:

88/20/AR

Title

Health and sanitation in the 'El Mezquital' quarter

Health and education of orphaned children
displaced within the Quiche region

Repatriation and reintegration of Guatemalan
refugees

Development of reintegration areas in northern
Huehuetenango

Help with livestock farming and training for
veterinary assistants

Programme of health education and preventive
education for Guatemalan repatriates to, and
those displaced within, Ixcan

Repatriation and rehabilitation of Guatemalan

returnees

Help for the schooling of children displaced
within Ixcan

Development of small-scale livestock farming and
training for veterinary assistants at Nenton and
Barillas

9 projects

Contribution towards preparations for the
conference on Central American refugees

WRITTEN QUESTION No 2068/90

by Mr Elmar Brok (PPE)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 90/58)

_Subject:_ Acquisition of the US firm Rorer by Rhdne
Poulenc Sante

The acquisition of Rorer, an American pharmaceutical
firm, by Rhdne Poulenc Sante would appear to have
involved and still involve certain business practices
running counter to Community law, for example the
projected closure of the highly successful and profitable
Rorer plants in Bielefeld and Eschwege and the plans to
transfer jobs, mainly to France.

1. To what extent is the French Government financing
this acquisition? Has it agreed to provide surety or is it
directly or indirectly involved in some other way?

2. What view does the Commission take of the written

and oral statements issued on 4 July 1990 by the

management of Rhone Poulenc Sante in Germany
(Nattermann Co., Cologne) to the effect that the
implementation of these projects (plant closures) is
inevitably affected by not only business management
and economic considerations but also political
factors?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(15 November 1990)_

1. The Commission does not have any information
concerning the granting of direct or indirect State aids or
guarantees in the context of the acquisition of the
US-pharmaceutical company Rorer by Rhone Poulenc.

Moreover, there is no information available indicating
that the French authorities may have enacted measures
contrary to the rules contained in the EEC Treaty as
referred to in Article 90 EEC.

2. As regards the statement of Rh6ne Poulenc Sante,
the Commission is not in a position to comment on it.

8. 4. 91 Official Journal of the European Communities No C 90/35

WRITTEN QUESTION No 2078/90

by Mr Richard Simmonds (ED)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 90/59)

_Subject:_ Directive on the Conservation of Wild Birds
1979

Does the Commission have any intention of amending the
EC Directive on the Conservation of Wild Birds in order

to ensure that the objectives laid down in this Directive in
1979 will be adhered to by the Member States?

At the moment there is a blatant disregard in many
Member States for the objectives and suggestions
contained in the Directive. Will the Commission

investigate the Member States who are violating this
Directive and take action to improve the situation?

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

_(22 February 1991)_

The Commission would refer the Honourable Member to

the reply to the oral question H-1298/90 by Mr Cassidy,
which it gave during question time at Parliament's
January 1991 part-session (*).

(') Debates of the European Parliament No 3-398 (January
1991).

WRITTEN QUESTION No 2084/90

by Mrs Pauline Green (S)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 90/60)

_Subject:_ Employer and public liability insurance

Has the Commission any plans to harmonize insurance
arrangements in cases such as reciprocal work experience
schemes and if so, when?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(4 December 1990)_

The Commission does not at present have any plans to
harmonize national arrangements in the cases referred to
by the Honourable Member.

WRITTEN QUESTION No 2089/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 90/61)

_Subject:_ Repayment of Greek withholding tax

One of my constituents, a marketing consultant, has done
professional work in Greece and his fees were promptly
paid some years ago by his clients. The Greek fiscal
authorities, however, deducted a withholding tax,
notwithstanding the existence of a dual taxation relief
agreement with the UK.

Not only have the Greek authorities failed to repay the
amounts due to my constituent — and he tells me that
there are numerous other professional people also
awaiting refunds — but they have now given him to
understand that if and when they do make a refund, it will
be based on the original amount in drachmas, but without
any payment of interest and converted at the rates of
exchange current at the time of eventual repayment,
ignoring the not inconsiderable depreciation in the value
of the drachma meanwhile.

If the facts are as stated by my constituent, the behaviour
of the Greek tax authorities does not seem compatible
with the standards expected of another Member State. Is
the Commission prepared to intervene in order to ensure
that proper standards of financial discipline are observed
throughout the Community?

Answer given by Mrs Scrivener
on behalf of the Commission

_(5 November 1990)_

The Convention between the Government of the United

Kingdom of Great Britain and Northern Ireland and the
Government of Greece for the avoidance of double

taxation and the prevention of fiscal evasion with respect
to taxes on income dated 25 June 1953 establishes the

conditions under which a UK resident can be exempt
from Greek tax on profits or remuneration.

On the basis of the elements mentioned by the
Honourable Member, it is not possible for the
Commission to determine whether these conditions are

met by the British resident concerned.

In any case, the Commission is not entitled to intervene in
the application of bilateral double taxation treaties except
in cases where there is an infringement of Community
law, which does not seem to be the case. Any litigation
concerning the application of such treaties have to be
settled by contracting States.

No C 90/36 Official Journal of the European Communities 8. 4. 91

WRITTEN QUESTION No 2113/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(17 September 1990)_

(91/C90/62)

_Subject:_ Antitrust treaties between the US and EC
Member States

In order to protect their companies from extraterritorial
application by the United States of its anti-trust
legislation, France and the UK have enacted what are
known as 'blocking statutes'. The FRG concluded a
bilateral anti-trust agreement with the US in 1976.

In a speech on February 8, 1990, the Rt Hon. Sir Leon
Brittan, Vice-President of the Commission, called for an
antitrust treaty between the European Community and
the US. This would 'provide for consultations, exchanges
of non-confidential information, mutual assistance, and
best endeavour to cooperate in enforcement where
policies coincide and to resolve disputes where they do
not'.

1. Does the Commission agree that such a treaty would
serve a double purpose: to reduce the risk of major
commercial and political disputes between two of the
world's most important trading partners, and to
reduce the legal uncertainty which stems from the
existence, within the EC, of two 'blocking statutes', as
well as one treaty between a Member State and the
US?

2. When does the Commission intend to put forward a
draft treaty on competition policy with the United
States?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(14 November 1990)_

The Commission has begun preparations for exploratory
discussions to determine the possible substance of
planned cooperation with the US antitrust authorities. It
is too early to say whether the preparations will have a
successful outcome.

As to what might be the substance of such cooperation,
the Commission is pursuing essentially a twofold
objective, namely to reduce possible sources of conflict of
competence or interest and to establish a system of mutual
assistance and exchanges of information.

Any agreement would affect neither the 'blocking
statutes' enacted by some Member States nor any bilateral
cooperation agreements concluded at the initiative of
Member States. In any event, the Commission, in
determining the scope of any commitments it might enter
into, must bear in mind that its competence in the

antitrust field with regard to enterprises in the
Community is confined to the application of the
Community rules of competition.

WRITTEN QUESTION No 2115/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 90/63)

_Subject:_ Compensation for West German road hauliers

Is the Commission aware that since 1 July West German
road hauliers have been receiving financial compensation
for the road toll ('Straflenbenutzungsgebiihr'), which has
not, in fact, been introduced?

1. Does the Commission not consider this payment a
distortion of competition ?

Does it consider the payment to be in accordance with:

2. the provisional ruling of the European Court of
Justice with respect to the West German road toll?

3. Article 76 of the EEC Treaty ?

If the Commission considers that this payment to West
German road hauliers constitutes an infringement of any
of the above conditions, what measures has it taken or

does it intend to take?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(20 December 1990)_

The Commission is aware of the fact that Article 2 of the

German Law of 30 April 1990, dealing with the
modification of the level of German vehicle taxes, has not

been withdrawn as was the case with Article 1 which

introduced the 'Strafienbenutzungsgebuhr'.

The Commission is of the opinion that Member States are
free to change the level of taxation for vehicles registered
within their territory. However, it regrets that in the field
of vehicle taxation no common rules have been yet
adopted and it is well aware of the danger of a further
divergence in taxation levels in the different Member
States.

The Commission, therefore, gives a high priority to the
fiscal harmonization in the road haulage sector, in this
context, it welcomes the conclusion of the European
Council that significant progress should be made in this
field by the end of 1990.

8. 4. 91 Official Journal of the European Communities No C 90/37

WRITTEN QUESTION No 2119/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(17 September 1990)_

(91/C90/64)

_Subject:_ Dignity of women and men at work

Can the Commission inform Parliament by which means
it will implement the requests laid down in Council's
resolution of 29 May 1990 on the 'Dignity of women and
men at work'?

How does it intend to inform the groups of people and
institutions referred to in paragraph 1 of Chapter III of
the above resolution and make them aware of the fact

that, in certain circumstances, failure to respect this
concept may be contrary to the principle of equal
treatment within the meaning of Articles 3, 4 and 5 of
Directive 76/207/EEC (')?

What result does the Commission think it will achieve by
working out a code of conduct as mentioned in
paragraph 2 of Chapter III of the resolution? Does it not
agree that some form of sanctions should be provided for?
Does it not therefore agree that a proposal for a directive
would have been the better alternative? And, admitting
this, would it not be advisable to draft a directive based on
Article 118 a of the Treaty at an early date?

O OJNoL39,14.2.1976, p. 40.

Answer given by Mrs Papandreou
on behalf of the Commission

_(29 November 1990)_

The Commission is committed to taking forward the
requests contained in the resolution on the Dignity of
Women and Men at Work of 29 May 1990. It has started
work on the preparation of a Code of Conduct, which will
be the subject of consultation with both sides of industry
following consultation with the Member States and the
national equal opportunities authorities. As requested in
the resolution, this will provide guidance on initiating and
pursuing positive measures designed to create a climate at
work in which men and women respect one another's
dignity. The code will be based on examples and best
practice in the Member States and will be drawn up by 1
July 1991.

The Commission will also be continuing its efforts to
inform people about the problems which arise from sexual
harassment at work, about the importance of protecting
the dignity of women and men at work, and about the fact
that, in certain circumstances, failure to respect the
concept set out in the resolution may be contrary to the
principle of equal treatment within the meaning of

Article 5 of Directive 76/207/EEC. In the recent past, the
Commission has published its expert report (') on this
issue, which contributed to heightened awareness in many
Member States of the problems arising from sexual
harassment at work. It provided practical guidance to
employers on sexual harassment, among other matters, in
its Positive Action Guide of 1988; and it has provided
funding for national conferences and publication of
booklets on the issue. It will continue to provide funding
for such relevant information initiatives, and also it plans,
of course, to launch the Code of Conduct with major
publicity next year, as a further means of raising

awareness.

The Commission considers that the production of a Code
of Conduct will serve a number of vital purposes. It will
contain a definition of sexual harassment, making it clear
that unwanted conduct of a sexual nature, or other
conduct based on sex affecting the dignity of women and
men at work, including the conduct of superiors and
colleagues, is unacceptable and may, in certain
circumstances, be contrary to the principle of equal
treatment within the meaning of Article 5 of Directive
, 76/207/EEC. It will help to ensure that the problem is
effectively addressed at national level and it will provide
practical guidance on effective means of dealing with the
problem. It will also heighten awareness of victims and the
fact that they do not have to tolerate unwanted conduct of
a sexual nature or other conduct affecting their dignity.

In reply to the part of the question relating to the need for
a directive in this area, the Commission considers that
sexual harassment and other behaviour affecting the
dignity of women at work may already, in certain
circumstances, be contrary to the principle of equality
guaranteed by the Equal Treatment Directive.

(') The dignity of women in the workplace: The problem of
sexual harassment in the Member States of the European
Communities, Report by Michael Rubenstein (COM
V/412/1/87).

WRITTEN QUESTION No 2125/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 90/65)

_Subject:_ Obligation to take part in 'self-defence' patrols
in Guatemala

Article 34 of the Guatemalan constitution of 1985, which
is still in force, stipulates that no-one may be forced to
become a member of a group or association set up for

No C 90/38 Official Journal of the European Communities 8. 4. 91

self-defence or similar purposes. However, this
constitutional provision is being violated in order to force
peasants to enrol in 'civil defence patrols' whose day- and
night-time activities are unpaid; regular soldiers are not
forced to participate. This unwanted activity deprives
peasants of daily earnings of between 1,5 and 3 quetzals
(the equilavent of between US$ 0,40 and 0,80 in July
1990), offers them no pay for night-time work, starves
them further by reducing their income and, above all,
turns them into reluctant auxiliary soldiers. In the run-up
to the presidential elections, the army is now using such
patrols for exercises which reach into urban areas, despite
the fact that the democratic opposition is organizing
demonstrations demanding that enrolment in such patrols
should be exclusively voluntary, as stipulated in the
Constitution. It is significant that two months ago a
peaceful demonstration in support of human rights was
'controlled' at Chichicastenango by 'patrolmen'
conscripted by the armed forces.

Could the Commission reply to the following questions

1. Is there not a pressing need to take measures to secure
the disbandment of these patrols of conscripted
reservists throughout Guatemala, in accordance with
the Constitution?

2. Is there not a need, now that the local social causes of
the 'East-West' conflict which started in 1954 are
beginning to be recognized, and talks are starting
between representatives of the government and the
opposition, to take steps to ensure that food aid and
other Community aid is not used by the real holders of
power in Guatemala, i.e. the armed forces, the death
squads and the state police, to force people into
'protected villages', to carry out anticonstitutional
activities and to violate, in particular, Articles 33, 34,
35, 44, 46, 69 and 102 of the Guatemalan
Constitution?

3. Could the measures which have helped bring about
the collapse of the 'Committees for the Defence of the
Revolution' and free elections in the presence of
international observers in Nicaragua not be extended
to Guatemala in the run-up to the important election
in that country?

Answer given by Mr Matutes
on behalf of the Commission

_(14 November 1990)_

In the past few months the Community, its Member States
and other countries and bodies have regularly condemned
the growing violence in Guatemala.

It probably would be desirable to apply even greater
international pressure to counter the abuse of human
rights in Guatemala, of which forced recruitment of
peasants into civil defence patrols is just one among many
examples.

Nevertheless, it must be recognized that the highly
complex situation in that country, where the prospect of
forthcoming elections further reduces the government's
leeway for opposing the activities of extremist forces,
cannot be compared with the situation in Nicaragua.

Community aid to Guatemala, mainly in the form of
support for agrarian reform projects to benefit groups of
landless peasants, and for refugees and displaced persons,
is intended to help people in need and not to enable the
civil and military authorities to exercise any form of
control over those people.

The aid is given to meet clearly identified needs and any
projects that are financed are implemented and monitored
in accordance with the EEC's usual rules which guarantee
the financial and administrative independence of the
operation. What is more, several of the projects are being
carried out jointly with international bodies such as the
UNHCR and the World Food Programme, or with
European and local NGOs.

Where there is any danger of the Community's funds
having been put to the wrong use, the Commission
inmediately has an audit carried out — as was the case
with one of the projects for refugees — and, where
necessary, decides what steps should be taken.

WRITTEN QUESTION No 2128/90

by Mr Peter Crampton (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 90/66)

_Subject:_ Compensation for agricultural workers

Can the Commission explain why agricultural workers
made redundant due to EC policy, i.e. the common
agricultural policy, are not compensated in the same way
that coal, iron and steel workers have been when their
work has ended due to EC cutbacks in production. By an
'agricultural worker' I mean a paid employee of a farmer
or landowner, not the farmer himself. EC cutbacks in
milk quotas and the 'set aside' policy have led to
compensation for the farmers and redundancy for the
workers, but no compensation for the workers apart from

8. 4. 91 Official Journal of the European Communities No C 90/39

the basic state redundancy payment. Does the
Commission believe this is fair?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(15 November 1990)_

The Commission is well aware of the possible
consequences of measures relating to the reduction of
production on the situation of agricultural workers.

The Council Regulations adopted in the context of the
common agricultural policy do not contain any specific
provisions for farm workers or for the employees at
agricultural products processing plants. In fact, due to
limited financial resources, the Community is not in
position to deal directly with all these issues. Therefore,
Member States are mainly responsible for social
arrangements in this field. The extent to which people
employed in agriculture can benefit from social security
schemes varies from one Member State to the other and

there is no common legislation in the Community on this

matter.

It would not be appropriate to draw parallels between the
agriculture and the steel industry, the restructuring of
which is supported by a Community scheme. In practice,
the steel industry is covered by a separate Treaty which in
Article 56 enables the Community to provide support for
social measures in case of restructuring.

The steel industry is characterized by a combination of
specific features:

— concentration in some areas where it is the basis of the

economic life,

— highly specialized workers,

— high proportion of redundant workers because of the
restructuring.

As a consequence of these features, the Community
adopts (within the framework of the European Coal and
Steel Community Treaty) specific measures to cope with
the repercussions of the ongoing restructuring process in
the European steel industry.

For other declining industries (textiles, shipbuilding) and
for agriculture the situation is different. The EEC Treaty
does not provide for specific social measures. Those
activities can however benefit from interventions by the
Regional and Social Fund, geared towards conversion and
retraining of redundant employees. Agricultural workers
can benefit from this kind of intervention, provided that
they are open to retraining and to alternative professional
activities.

WRITTEN QUESTION No 2132/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(27 September 1990)_

(91/C90/67)

_Subject:_ Legal status of residents of Hong Kong and
Macao

1. Do residents of Hong Kong and Macao currently
enjoy the same rights and privileges as (other) citizens of
Community countries, in particular with respect to
Regulation (EEC) No 1612/68 (') and (EEC)
No 1408/71 O?

2. Will there be any changes in this situation after
Hong Kong and Macao return to China in 1997 and 1999
respectively ( [3] )?

O OJNoL257,19.10.1968, p. 2.
O OJ No L 149, 5.7.1971, p. 2.
( [J] ) Portugal is said to make 'EEC passports' available to Macao

Chinese which will be valid after 1999. (See Woodrow Wyatt,
'Spread the safety net', _Times,_ 31.1.1989).

Answer given by Mr Andriessen
on behalf of the Commission

_(30 October 1990)_

All nationals of a Member State of the EC may benefit
from the rights and privileges foreseen in Community
regulations, such as Regulations (EEC) No 1612/68 and
(EEC)Not408/71.

This is also the case with Portuguese citizens of Macao
origin. In fact, in accordance with the Portuguese law
regulating Portuguese nationality and applied to the
territory of Macao as from 21 November 1981, any
person born in Macao before i October 1981 (this cut-off
date being the result of the establishment of diplomatic
ties between Beijing and Lisbon), can obtain Portuguese
nationality, on condition that the appropriate registration
procedure has been duly completed.

With regard to Hong Kong citizens, they are not covered
by the Declaration of the Government of the United
Kingdom on the definition of the term 'nationals' for the
purpose of the application of the EEC Treaty, which was
made at the time of the signature of the Treaty of
Accession, and which has been replaced by a new
Declaration (*) in view of the entry into force of the
British Nationality Act 1981. Hong Kong citizens, in
other words, cannot currently rely on Community law.
This will not change after 1997.

Under the British Nationality (Hong Kong) Act 1990,
enacted on 26 July 1990, 50 000 persons with their spouses
and minor children will be registered as British citizens.
They will enjoy the same rights and privileges as other

No C 90/40 Official Joimial of the European Communities 8. 4. 91

British citizens and, therefore, are covered by Regulations
(EEC) No 1612/68 and (EEC) No 1408/71.

O OJNoC23,28.1.1983.

WRITTEN QUESTION No 2143/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 90/68)

_Subject:_ Use of the 'human development indicator' .
devised by the United Nations

The United Nations Development Programme has just
created a new instrument for assessing a country's growth
needs and achievements. This 'human development
indicator' includes non-monetary parameters such as life
expectancy, the level of literacy, etc.

Does the Commission consider that this indicator

constitutes a functional tool which should be of use in

drawing up and conducting the Community's cooperation
policy? If so, would it consider using it?

Answer given by Mr Marin
on behalf of the Commission

_(5 November 1990)_

The new human development indicator devised by the
United Nations agencies has been accorded full attention
by the Commission. Clearly, social and economic
situations in all their complexity cannot be reflected by
macroeconomic and financial indicators alone. Relevant

as these may be, they cannot be allowed to predominate
too much over other, social and cultural, priorities whose
impact on economic matters is unquestionable.

The new indicator should enhance our analyses, though it
must be borne in mind that, as with any other statistical
tool, it must be used with discernment.

WRITTEN QUESTION No 2147/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C90/69)

_Subject:_ Irish language

What is the Commission's response to the concern
expressed by many European citizens that the Irish

language (which is a European Treaty language and one
included in the Lingua programme) is not, at present,,
included in the British Government's list of languages for
the National School Curriculum?

Answer given by Mrs Papandreou
on behalf of the Commission

_(11 December 1990)_

While the choice of languages required as part of a
compulsory curriculum in the school systems is entirely a
matter for the Member State concerned, the Commission
can of course look favourably on opportunities to learn all
Community languages.

Irish, as the Honourable Member points out, is included
in the Lingua programme.

As far as the children of Irish migrant workers are
concerned, Member States are of course required by
Council Directive 77/486/EEC ( [x] ) to take appropriate
measures to promote the teaching of the mother tongue
and culture of the country of origin for these children.

O OJ No L 199, 5. 8.1977.

WRITTEN QUESTION No 2152/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 90/70)

_Subject:_ Transport of pleasure boats on the roads

The current state of the European market in pleasure
boats is such that roads are increasingly being used for
deliveries of boats built in the Community.

In the case of boats more than 9 metres long, the
constraints imposed on exceptional loads in respect of:

— size, it being compulsory in certain areas to transport
the hull and the mast separately,

— the procedures for obtaining special authorizations,
which are very complicated,

— use of motorways, which is not permitted throughout
the Community,

are varied and penalize boat builders.

Does the Commission plan to harmonize at Community
level the rules on exceptional loads in order to remove the
constraints currently imposed on boat builders?

8. 4. 91 Official Journal of the European Communities No C 90/41

Answer given by Mr Van Miert
on behalf of the Commission

_(9 November 1990)_

The Commission is aware of the problems for exceptional
transport in Europe caused by different administrative
procedures and regulations.

As exceptional transport, because of its impact on road
safety and infrastructure, should be controlled by
authorities that have knowledge of local conditions, it is
difficult to achieve a fully harmonized procedure.

Nonetheless, the Commission has started discussions in a
governmental expert group in order to facilitate and
streamline procedures and agree on common definitions
for exceptional transport.

WRITTEN QUESTION No 2154/90

by Mrs Marijke Van Hemeldonck (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 90/71)

_Subject:_ Safety of cyclists; compulsory wearing of cycle
helmets

Every year hundreds of cyclists, many of them young
children, are killed in traffic accidents in the EEC. Too
little is done to protect these vulnerable road users.

Does the Commission intend to draw up measures to
promote the safety of cyclists?

Does the Commission intend to follow the example of the
British and make the wearing of cycle helmets
compulsory, in the interests of cyclists themselves?

Answer given by Mr Van Miert
on behalf of the Commission

_(23 November 1990)_

1. The Commission, like the Honourable Member, is
very concerned about the number of victims amoung
young cyclists.

2. Making the use of helmets for cyclists compulsory
may be a possibility to reduce the number of victims.
However, in countries where cycling is an essential mode

of transport rather than a leisure activity, this would force
millions of users to buy and use helmets.

3. Given the fact that such far-reaching legislation has
to be well prepared to be successful, and bearing in mind
the initial trials and campaigns in some Member States,
the Commission prefers first to examine experiences at
local and national level before it takes legislative
initiatives on a Community scale.

WRITTEN QUESTION No 2166/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(27_ _September 990)_

(91/C 90/72)

_Subject:_ Draft directive for the adaption of working time

Does the Commission consider that the measures
proposed in the draft Directive for the adaption of
working time on _inter alia_ maximum duration of work,
rest periods and weekend work, will ensure that those
working in retail premises are protected in regard to the
hours they are required to work?

Answer given by Mrs Papandreou
on behalf of the Commission

_(15 November 1990)_

The proposed Directive on certain aspects of the
organization of working time (') provides for minimum
daily and weekly rest periods. It also contains the
provision that normal hours of work for night workers
shall not exceed an average of eight hours in any 24-hour
period.

The proposal applies to all workers in the private and
public sectors as defined in the Framework
Directive 89/391/EEC on the introduction of measures
to encourage improvements in the safety and health of
workers at work ( [2] ). It also, therefore, concerns workers
in the retail sector.

Derogations from the provisions on rest time and night
work are allowed, among other cases, where the seasonal
nature of the work performed or the features peculiar to
certain activities, or exceptional situations limited in time
conflict with the same provisions. Derogations are also
allowed by collective agreements. In these cases,
equivalent compensatory rest periods must be granted
within a maximum period of 6 months.

No C 90/42 Official Journal of the European Communities 8. 4. 91

The Commission believes that employees working in
retail premises will be adequately protected by these
provisions.

O OJNoC254,9.10.1990.
O OJNoL183,29.6. 1989.

WRITTEN QUESTION No 2168/90

by Mr Jean-Claude Pasty (RDE)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 90/73)

_Subject:_ The spread of swine fever in Belgium

As new outbreaks of swifle fever have occurred in Belgium
in the last few days, does not the Commission feel that it
was a trifle hasty in raising the bans on pigmeat exports
from Belgium, thus running the risk that this disease
might spread to other Member States of the Community?

The Belgian and French veterinary authorities have not
had sufficient time to set up the extra health checks
required by the situation.

What action does the Commission intend to take to

eliminate any risk of the disease's spreading?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(19 December 1990)_

Throughout the classical swine fever epidemic in Belgium,
the Commission has carefully followed developments in
the disease situation. The conditions for export of fresh
pigmeat have been laid down in the light of the actual
disease situation. The conditions for trade from the

affected areas have been adjusted by Commission
decisions on seven occasions during the period March to
September 1990. All proposals for the decisions have
obtained a favourable opinion within the Standing
Veterinary Committee. The trade restrictions have been
lifted gradually as a result of an improving disease
situation, and the Commission does not consider that
prohibitions on export of fresh pigmeat have been lifted
prematurely at any stage.

The strategy to control and eradicate Classical Swine
Fever within the Community includes the stamping-out
policy, combined with restrictions on movement of live
pigs, fresh pigmeat and certain pigmeat products within
affected areas. The Commission considers that the

elimination of infected herds, tracing of contact herds and
restrictions on movement, are the appropriate measures to
prevent disease from spreading.

WRITTEN QUESTION No 2169/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 90/74)

_Subject:_ Representation of the Community in the
occupied territories of Palestine

After the visit to Israel by the 'troika', during which the
Israeli government was informed of the intention to
appoint a Community representative to the Occupied
Territories of Palestine, the Dublin European Council of
25 and 26 July 1990 instructed the Commission to
produce a study of the detailed ways and means of
effecting that representation.

What progress has been made so far?

Answer given by Mr Matutes
on behalf of the Commission

_(21 December 1990)_

The Commission is in the process of studying the precise
modalities of its representation in the Occupied
Territories in order to comply with the task given to it by
the European Council of Dublin. Several possibilities that
respect the principles publicly declared by the Community
with respect to the Occupied Territories are currently
under consideration to examine all the legal and practical
implications of a decision.

WRITTEN QUESTION No 2177/90

by Mr Hans-Gert Poettering (PPE)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 90/75)

_Subject:_ Right of members of the armed forces to form
associations

On 12 April 1984, the European Parliament adopted a
resolution on the right of members of the armed forces to
form associations which called on all Member States of

the European Community 'to grant their servicemen the
right, in peace time, to establish, join and actively
participate in professional associations in order to protect
their social interests' and recommended that 'the legal
provisions of individual States on these matters be
approximated'.

That resolution of the European Parliament was based on
the Universal Declaration of Human Rights, the
European Convention for the Protection of Human
Rights and Fundamental Freedoms and the European
Social Charter.

8. 4. 91 Official Journal of the European Communities No C 90/43

1. What is the Commission's position on this subject.

2. would the Commission summarize the situation in

each Member State in turn concerning the right of
servicemen to form associations ?

3. Would the Commission state what measures it intends

to take to achieve the harmonization of legislation
called for by the European Parliament?

Answer given by Mrs Papandreou
on behalf of the Commission

_(11 December 1990)_

1. Article 11 of the Community Charter on the
Fundamental Social Rights of Workers recognizes that
employers and workers in the Community have 'the right
of association in order to constitute professional
organizations or trade unions of their choice for the
defence of their economic and social interests'.

Article 14 of the Charter adds that 'the internal legal
order of the Member States shall determine under which

conditions and to what extent' the right provided for in
Article 11 '[applies] to armed forces ...'.

In its social action programme, the Commission observes
that 'the right to freedom of association . . . exists in all
the Member States of the Community' and recalls that
'the draft Charter reiterates a number of fundamental

principles (for example the right to strike) responsibility
for the implementation of which rests with the Member
States in accordance with their national traditions and

policies'.

2. The Commission does not have sufficient

information to be able to describe the situation in each

Member State concerning the right of servicemen to form
associations.

3. For the reasons given in point 1 above, it is not the
Commission's intention to propose any Community
instruments to harmonize national legislation in this area.

WRITTEN QUESTION No 2193/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 90/76)

_Subject:_ VAT and charities

The Commission is no doubt aware that its proposals to
harmonize taxation throughout the EEC is causing
considerable concern to charities.

In her answer to Written Question No 1048/89 ('), the
Commissioner has gone no way to alleviate UK charities'
concerns, but indeed, further clouds the issue.

The Commissioner states 'that it might envisage...
authorizing those Member States which so wished to
maintain zero-rating for a very limited number of
products'. Is the Commissioner prepared to elaborate on
the meaning of 'might' or is she simply being coy, and also
tell us what she means by 'very limited' — is this, say, one
or three or ten or a hundred or more?

O OJNoC207,20. 8.1990, p. 6.

Answer given by Mrs Scrivener
on behalf of the Commission

_(13 November 1990)_

In its communication of 14 June 1989 ('), the Commission
expressed a willingness to adopt a flexible approach to the
question of zero rating, within certain guiding principles.
Those were set out in its answer to Written Question
No 1048/89, to which the Honourable Member refers.

The question of the future of zero rates is still under
discussion in the Council framework. It would not, in the
Commission's view, be helpful at this stage to set
premature limits on the number of zero rates which might
be authorized.

C) COM(89)260.

WRITTEN QUESTION No 2200/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 90/77)

_Subject:_ European News Channel

Noting the significant influence during the current
Middle Eastern crisis of the American-based CNN news

channel, has the Commission any plans towards initiating
a Euronews Channel?

Answer given by Mr Dondelinger
on behalf of the Commission

_(3 December 1990)_

The Commission has no plans as such towards initiating
the 'Euronews' Channel.

No C 90/44 Official Journal of the European Communities 8. 4. 91

However, the Commission has expressed on many
occasions, and especially during the 'Assises EuropSennes
de l'Audiovisuel' organized in Paris last year, its interest
in the production and distribution of a truly European
news channel such as the project Euronews conceived and
developed under the aegis of the European Broadcasting
Union.

Projects like 'Euronews' for creating a special news
channel which would be transmitted via satellite, in at
least five languages, to audiences all over Europe, would
become a significant new means for the development of
the European identity.

The Commission could envisage supporting such projects
through the means at its disposal, such as the new Media
programme when adopted.

WRITTEN QUESTION No 2255/90

byMrPannella(NI)

to the Commission of the European Communities

_(8 October 1990)_

(91/C 90/78)

_Subject:_ Consequences of Community and national
measures to assist less-favoured regions in Italy

Direct Community action to assist less-favoured regions
has produced two separate effects. In some areas it has
failed to develop the relevant social and economic
structures adequately, whereas in others, the necessary
conditions have been created for a process of integration
to establish a genuine market economy. In the first
instance, national and Community support measures have
in practice amounted to a welfare policy that has resulted
in distortions of competition. In the second instance, on
the other hand, they have created a framework for further
economic development, as is the case in the Abruzzi. Does
not the Commission feel, firstly, that it should review the
measures implemented in areas which have not managed
to use the opportunities to achieve the objectives implicit
in the letter and spirit of the Treaties in respect of regional
aid, and secondly, that such aid should be maintained in
those areas which, like most of the Abruzzi, have seen
their level of development improve without, however,
having yet reached European standards or consolidated
the standard they have achieved?

Answer given by Mr Millan
on behalf of the Commission

_(7 December 1990)_

As part of the implementation of the reform of the
structural Funds, the Commission adopted Community

support frameworks during 1989 for those regions whose
development was lagging behind and which were eligible
under Objective 1.

For each of these regions, the support framework
included priorities and methods of assistance selected by a
process of partnership with the national and regional
authorities and with regard to its specific situation. In
view of the fact that these priorities and methods of
assistance are of recent date, the Commission sees no
reason to revise them at present.

The Abruzzi appears on the list of regions eligible under
Objective 1 adopted by the Council and annexed to
Regulation (EEC) No 2052/88. That list is valid until the
end of 1993.

WRITTEN QUESTION No 2260/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(8 October 1990)_

(91/C 90/79)

_Subject:_ Leisure time activities of European citizens

1. Does the Commission share my view that increased
leisure time for citizens entails a growing leisure industry
and that a parallel increase in the two is thus in the
Community's best interests?

2. Does the Commission share my view that lotteries
and the activities of bookmakers and similar constitute

services which are part of the leisure industry within the
meaning of point 1 ?

3. What is the state of affairs in this area in the context

of the development of a true internal market?

4. Is free market access available to all types of business
operators referred to in point 2 in every Member State? If
not, why not, and what action has the Commission taken
against Member States?

5. If the Commission disagrees with point 2 above,
what position do the activities described in point 2 play in
the field of business, and what opportunities for growth
does the Commission see here?

Answer given by Mr Bangemann
on behalf of the Commission

_(20 November 1990)_

The Commission takes the view that betting, gaming,
gambling, lottery and similar types of activity form part of

8. 4. 91 Official Journal of the European Communities No C 90/45

the services sector of economic activities within the

Member States. On this basis this sector should benefit
from the dimension of a single market at the Community
level, subject to legitimate national controls applied in
accordance with the principles and rules of the EEC
Treaty and the jurisprudence of the Court of Justice.

The betting and gambling sector is the subject of a study
which is currently being undertaken by consultants on
behalf of the Commission in order to identify the current
regulatory and market situation in all of the Member
States. In relation'to the other questions tabled by the
Honourable Member, it would be premature for the
Commission to take a position on this area of activity
before this study has been completed and the results
examined.

WRITTEN QUESTION No 2292/90

by Mr Verwaerde (LDR)

to the Commission of the European Communities

_(15_ _October 1990)_

(91/C 90/80)

_Subject:_ The overseas departments and the Sixth VAT
Directive

The French overseas departments are legally part of the
European Economic Community (principle enshrined in
the Hansen judgment of the Court of Justice, 10 October
1978) but are excluded from French territory pursuant to
Article 3 of the Sixth Directive on VAT,
Directive 77/388/EEC (') of 17 May 1977 as amended by
the Eleventh Directive of 11 March 1981.

Can the Commission confirm that the overseas
departments are deemed outside the European Economic
Community for the purpose of the Sixth Directive
particularly as regards the provisions of Article 9 (2) (e)
on the place of supply of services for taxation purposes?

(') OJNo 145, 13.6.1977,p.l.

f

Answer given by Mr Scrivener
on behalf of the Commission

_(13 November 1990)_

The 'territory of the country' within the meaning of
Article 3 of the Sixth VAT Directive corresponds, in the
case of France, to the field of application of the EEC
Treaty as defined in Article 227, which lays down in
paragraph 2 that only certain provisions of that Article are
immediately applicable to the overseas departments.

Without a decision of the Council, the tax provisions of
the Treaty could not, it was felt, be extended by
implication to the overseas departments. However, that
view was not upheld by the Court of Justice in its

judgment of 10 October 1978 in Case 148/77 (Hansen v.
Hauptzollamt Flensburg), in which it ruled that the
provisions of the Treaty applied automatically to the
French overseas departments, it being understood,
however, that it remained possible for the Community
institutions to adopt measures tailored to the specific
requirements of those parts of French territory, which due
regard being had to their special geographic, economic
and social situation, and permitting their development.

The Eleventh Directive of 26 March 1980, by excluding
the overseas departments from the territory of the
country, responded to these concerns.

Consequently, as regards the arrangements applicable to
the supply of services specified in Article 9 (2) (e) of the
Sixth Directive and referred to by the Honourable
Member, the overseas departments have to be regarded as
not forming an integral part of the tax territory of the
Community.

This means that the place where services referred to in
Article 9 (2) (e) are supplied by a supplier established in a
Member State of the Community other than France to a
customer established in an overseas department, i.e.
outside the EEC, is the place where that customer is
established. The services are not, therefore, taxable in that
Member State.

In those circumstances, value added tax is charged in the
departments of Martinique, Guadeloupe or Reunion,
with Article 9 of the Sixth Directive, as transposed into
French national law, applying to them in their relations
with other Member States and with third countries on the

same conditions as in mainland France.

Accordingly, the supply of the abovementioned services
by a supplier established in another Member State will
give rise to liability to tax on the part of the taxable person
to whom the services are supplied and who is established
in an overseas department at the rate applicable there.

By the same token, a service supplied by a supplier
established in mainland France to a taxable person
established in an overseas department in which VAT is
applicable will also be taxable at the rate ruling in that
overseas department.

WRITTEN QUESTION No 2294/90

byMrPolMarck(PPE)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 90/81)

_Subject:_ Interpretation of Regulation (EEC) No 3094/86

Recently Community fishermen have had problems with
the German authorities in connection with their

No C 90/46 Official Journal of the European Communities 8. 4. 91

interpretation of Article 2 (4) of Regulation (EEC)
No 3094/86 (*).

According to this interpretation all fish species must be
separated immediately after being caught.

Can the Commission indicate its view on this matter?

O OJNoL288,11.10.1986, p. 1.

Answer given by Mr Marin
on behalf of the Commission

_(23 November 1990)_

Article 2 (4) of Regulation (EEC) No 3094/86 requires
captains to sort catches immediately nets have been
hauled so that compliance with the percentages of target
species and protected species laid down in Annex I to that
Regulation can be checked. Other technical rules laid
down in the same Regulation, such as minimum mesh
sizes, or in other Regulations concerning the common
fisheries policy, particularly the one fixing TACs and
quotas, have the same purpose.

The Commission therefore considers that immediate

sorting on deck is required if the rules are to be respected.

WRITTEN QUESTION No 2301/90

by Mr Virginio Bettini and Mr Mario Metis (ARC)

to the Commission of the European Communities

_(15 October 1990)_

(91/C90/82)

_Subject:_ Rechar Community initiative

The Commission has laid down, and informed the
Member States of, the guiding principles to be observed
when drawing up conversion programmes for coalfields.

The Sulcis field in Sardinia is the only one in Italy
important from a mining point of view, but production is
now suspended pending decisions on use, excluding a
small portion supplied to power-stations.

The national energy plan does not take this resource into

account.

Can the Commission state its position as regards
including the Sulcis field in the Rechar programme with a
view to advanced coal applications using the best
gasification technologies?

Answer given by Mr Millan
on behalf of the Commission

_(16 November 1990)_

The Rechar initiative aims to contribute to the economic

conversion of regions seriously affected by the decline in
the coal-mining industry. The geographical coverage of
Rechar is therefore limited to regions which have
experienced significant job losses in the coal-mining
industry since 1984 or are expected to do so in the near
future (').

According to the statistics provided by the Italian
authorities, the number of coal-mining jobs in the Sulcis
coalfield has not declined, but has increased in the
relevant time period: between 1984 and 1989, the number
of mining jobs in this coalfield increased from 503 to
1 003. In view of this, it is not possible to include the
Sulcis coalfield in the list of areas eligible for assistance
under Rechar.

(') OJ No C 20,27.1.1990.

WRITTEN QUESTION No 2304/90

by Mr Virginio Bettini (V)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 90/83)

_Subject:_ ERDF contributions

On 19 December 1988 the Commission granted Italy a
contribution of* Lit 3 billion from the ERDF for

construction of the Cemim international goods centre in
the commune of Iesi (Ancona).

Given that the project has been approved and
implemented without reference to the findings of the
environmental impact assessment, which in this instance
served to justify the work already under way, does the
Commission not see a failure to meet the conditions to

which the contribution was subject?

8. 4.91 Official Journal of the European Communities No C 90/47

Answer given by Mr Mittan
on behalf of the Commission

_(7 December 1990)_

According to the file on the examination of the
application for assistance submitted to the Commission
and other information, the company responsible for
building the Marche intermodal freight centre has
conformed with the thorough environment impact
assessment carried out before work began.

The Commission therefore considers that the conditions

for granting this assistance have been respected.

WRITTEN QUESTION No 2318/90

by Mrs Maartje van Putten (S)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 90/84)

_Subject:_ Local authority development cooperation
projects

1. Is the Commission aware of the development
cooperation projects being carried out by members of the
Association of Dutch Local Authorities which show that

an increasing number of local authorities are starting up
and implementing projects in developing countries,
making use of their own specific local expertise?

2. Is the Commission prepared to promote such
initiatives, which are of such value to developing
countries, on a European-wide scale?

3. If so, does the Commission intend to apply or adopt
the general conditions governing the co-financing of
schemes carried out in developing countries by
non-governmental organizations (budget Item 7-5010) to
such local authority projects?

4. Is the Commission willing to provide extra funding
for local authority development paid projects irrespective
of whether or not they are submitted by more than one
local authority?

Answer given by Mr Marin
on behalf of the Commission

_(18 December 1990)_

For a number of years regional and local authorities in
certain Member States have been carrying out
cooperation operations with their opposite numbers in the
Third World. The Commission welcomes this.

Urban problems in developing countries have become
crucial and call for new, positive, development-oriented
solutions. Moreover, the initiatives of European local
authorities directly raise public awareness in our towns
and regions of the problems of developing countries and
their people.

The Commission encourages such initiatives by
co-financing NGO projects on the conditions set out in
the answer to question No 1934/90 from Mr Fernandez
Albor (')•

Moreover, the new Lome Convention (Lome _TV)_ gives
more room than previous conventions to a new form of
cooperation — decentralized cooperation — aimed at
using EDF resources to encourage and support the
development initiatives of a wide range of bodies in the
ACP countries other than central governments, notably
local authorities. The Convention reserves a special place
for initiatives involving forms of twinning or cooperation
between ACP bodies and their European counterparts.

During the programming of aid under Lome IV the
opportunities for such decentralized cooperation are
systematically explored by the Commission and the ACP
States. Additional operations can still be sought out and
identified while the programmes are being implemented.

Similar projects are also possible with non-ACP
developing countries, even though decentralized
cooperation is not mentioned as such in the cooperation
agreements or in the guidelines for cooperation policy.

O OJ No C 85,28. 3.1991, p. 22.

WRITTEN QUESTION No 2322/90

by Mrs Claudia Roth (V)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 90/85)

_Subject:_ Systematic annual AIDS'liesting and examination
of EC employees and officials for AIDS

Having regard to the conclusions of the Council and of
the Ministers for Health of the Member States, meeting
within the Council, on 15 December 1988 concerning
AIDS and the place of work (OJ No C 28, 3. 2. 1989,
p. 2), with particular reference to section III, point 7
(AIDS screening);

having regard to the case (T-11/90) brought against the
Council of the European Communities which is now
pending before the Court of First Instance of the
European Communities;

No C 90/48. Official Journal of the European Communities 8. 4. 91

Is it true that officials and other servants of the European
Communities are being subjected to official and
systematic tests for AIDS at their annual medical
examinations or before taking up employment, and if so,
does not the Commission feel that this is contradictory to
the abovementioned conclusions? When does the

Commission intend to discontinue automatic AIDS

testing for officials and other servants of the European
Communities?

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

_(14 January 1991)_

It is not true that all officials and other servants of the

European Communities are automatically subjected to
AIDS tests at their annual medical examinations or before

taking up employment.

WRITTEN QUESTION No 2324/90

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 90/86)

_Subject:_ Community policy on teaching and the mutual
recognition of diplomas

Although the Commission has done sterling work on the
mutual recognition of diplomas in the paramedical sector
and on the freedom of establishment in Member States,
the profession of masseur-physiotherapist has not been
included. Is it to be made the subject of a draft directive?

Answer given by Mr Bangemann
on behalf of the Commission

_(13 November 1990)_

Contrary to what the Honourable Member says,
Commission's work on mutual recognition of diplomas
does include the profession of physiotherapist.

On 21 December 1988, the Council adopted
Directive 89/48/EEC on a general system for the
recognition of higher-education diplomas awarded on
completion of professional education and training of at
least three years' duration (*). The Directive will have to
be transposed into national law within two years of its
notification, i.e. by 4 January 1991 at the latest.

The Directive, which is general and no longer sectoral in
character, establishes a new Community approach to the
recognition of diplomas and covers a wide range of

professions. It will apply to physiotherapists provided that
they have obtained their qualification on completion of at
least three year's training leading to a higher-education
diploma.

The Commission would also draw the Honourable

Member's attention to the proposal for a Council
Directive on a second general system for the recognition
of professional education and training which
complements Directive 89/48/EEC ( [2] ). The proposal was
amended ( [5] ) in the light of the opinions of Parliament and
the Economic and Social Committee.

The Commission considers that these two general systems
of recognition (diplomas and other professional
qualifications) will enable physiotherapists who have
obtained their qualifications in a Member State to practice
in any other Member States.

0) OJ No L 19,24. 1.1989.
O OJNoC263,16.10.1989.
O OJNoCl7, 1.9. 1990.

WRITTEN QUESTION No 2338/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 90/87)

_Subject:_ Economic convergence and the Gulf crisis

Article 6 of Council Decision 90/141 /EEC ( [l] ) on the
attainment of progressive convergence of economic
policies and performance makes provision for
consultation to take place in the appropriate Community
bodies to consider possible measures when events outside
the Community threaten its stability and cohesion.

Stage one of economic and monetary union took effect on
1 July. Has Article 6 been applied as a result of the Gulf
crisis? If so, in what way?

O OJ No L 78,24. 3.1990, p. 23.

Answer given by Mr Christophersen
on behalf of the Commission

_(18 December 1990)_

The consequences of the Gulf crisis for the Community
economy have been examined in the Community bodies
dealing with the multilateral surveillance.

As the Commission indicated in its reply to Oral
Question H-1045/90 ('), it is important that all countries
follow sound fiscal and monetary policies which do not

8. 4. 91 Official Journal of the European Communities No C 90/49

accommodate the inflationary shock coming from the oil
price rise and avoid the development of a
price-wage-price spiral, so as to prevent a longer-term
deterioration in growth prospects. According to the
Commission this crisis calls for reinforced coordination

of economic policy within the framework of multilateral
surveillance in the first stage of EMU in order to maintain
and reinforce economic convergence in the EC.

A fuller analysis of the macroeconomic effects of the Gulf
crisis will be included in the forthcoming annual
economic report 1990—91.

(') Debates of the European Parliament No 3-394 (October I
1990).

WRITTEN QUESTION No 2366/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 90/88)

_Subject:_ Arrangements concerning debt repayment by the
Third World

The debt burden is continuing to be a millstone around
the neck of the developing countries.

Cancellation of the debt appears to be the only practical
solution and indeed one which is already being applied by
certain creditor states.

In any event, would it not be fair and also effective to
subject repayments to the fluctuations in terms of trade,
taking into account factors arising from the specific
situation in each of the debtor nations concerned?

Answer given by Mr Christophersen
on behalf of the Commission

_(18 December 1990)_

The excessive debt burden of many developing countries
continues to hamper growth and development. This is
increasingly recognized by the international financial
community. Many efforts have already been undertaken
to address this issue on a case by case basis, taking the
situation of the countries, notably in relation to their debt
and their terms of trade into account. Although more
needs to be done, it is important that measures to alleviate
the debt burden of the most indebted countries be

implemented without damaging long-term relations with
external creditors. It is equally important, of course, that
debt reduction is accompanied by fundamental policy
changes in the indebted countries in order to correct the

imbalance and distortions that led to an unsustainable

level of external borrowing and indebtedness.

The last few years have seen a number of important
initiatives to alleviate the debt burden: the Toronto Terms

for official debt forgiveness extended by Paris Club
creditor countries to low-income countries mainly in
subsaharan Africa; the progressive implementation of the
Brady Plan for commercial debt reduction for heavily
indebted middle-income countries; official debt
rescheduling in the framework of Paris Club agreements;
the recent American initiative towards Latin American

countries; the British proposal to enhance the terms and
to extend them to highly indebted lower-middle income
countries. These initiatives, implemented on a case by case
basis, tend to repond to the considerations put forward by
the Honourable Member.

In addition the Commission transmitted recently a
proposal to the Council related to relief of the debt of
ACP countries to the Community.

WRITTEN QUESTION No 2394/90

by Mr Herman Vcrbeek (V)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 90/89)

_Subject:_ Illegal use of hormones for livestock fattening

1. Is the Commission aware of allegations by the
EASM (European Alliance for Safe Meat) concerning the
increasing illegal use of mixtures of hormones and other
growth stimulators which may be dangerous to health for
the purposes of livestock fattening _(Agrarisch Dagblad,_ 18
September 1990)?

2. Does the Commission have figures concerning the
extent to which hormones are being used illegally within
the (Member States of the) European Community?

3. How will the Commission ensure compliance with
Directive 88/146/EEC (') prohibiting the use of
hormones?

(') OJNoL70,16.3.1988, p. 16.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(4 January 1991)_

1. The Commission is aware of claims that there is still
use of illegal hormone cocktails for fattening certain farm
livestock.

No C 90/50 Official Journal of thi

2. The Commission does not have available statistics of

the volume of illegal traffic in the Member States.

3. The Commission has already taken steps to ensure
that the Member States fulfil their obligations as regards
the application of Community rules on this subject. In the
face of indications that illegal cross-frontier traffic may
be involved the Commission decided to make on the spot
enquiries in all Member States to establish more precise
details of the situation. At the same time it is considering
what changes may be needed to Community law to
improve its efficacy.

WRITTEN QUESTION No 2419/90

by Mr Dimitrios Dessylas (CG)

to the Commission of the European Communities

_(7 November 1990)_

(91/C90/90)

_Subject:_ Major ecological damage caused by
energy-generating projects being carried out by
the Greek Electricity Board on the Akheloos
(Aspropotamos) River in Greece

The Greek Electricity Board is constructing a large dam
135 metres high (208 metres according to one report) on
the Aspropotamos (Akheloos) River and diverting the
river underground (over 8 kilometres) in the MesokhoraTrikkala area in order to supply a hydro-electric power
station to be built in Glistra. This project is being partly
funded by the EEC within the framework of the regional
development programmes.

This project is causing enormous ecological, cultural and
economic damage to the area (flooding of Mesokhora
and parts of Armatolik6s, the complete drying out of the
river over 15 kilometres, the destruction of hundreds of
hectares of forests, cultivated land, fruit trees,
stock-farming land and of fishing activities and the
mountain economy in general). The ecological
destruction of the largest, most historical and beautiful
Greek river (due to this and other dams, its total length
will be reduced from 220 to 60 kilometres) cannot be
offset by the ridiculously low compensation being paid by
the Greek Electricity Board to the local inhabitants,
against whom the police have been using force, for
example on 30 May 1990.

The local inhabitants affected have already written to the
European Parliament's Committee on Petitions (Petitions
Nos 368/90 and 600/90). What immediate measures will
the Commission take and what representations will it
make to the Greek authorities with a view to

European Communities 8. 4. 91

1. immediately halting the project being carried out by
the Greek Electricity Board and the apocalyptic
destruction of the area,

2. reviewing the entire project together with the
alternative solutions proposed by the local
inhabitants,

3. sending EEC experts to the area and

4. drawing up, publicizing and making available to the
local inhabitants a comprehensive study of the
environmental impact and other consequences of the
projects being carried out by the Greek Electricity
Board?

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

_(1_ _^January 1991)_

The Commission is aware of the Mesochora dam and

hydro-electric (H/E) power station as parts of a set of
measures of the project for the diversion of the river
Acheloos in Greece since 1983 which was submitted for

Community co-financing through the integrated
Mediterranean programmes.

Considering the environmental implications of the
project, the Commission asked the Greek authorities for
an environmental assessment study according to Council
Directive 85/337/EEC on the effects of certain public
and private projects on the environment (').

The Greek authorities transmitted to the Commission two

environmental assessment studies, one of which
concerned the Mesochora dam, reservoir, and H/E
power station. After the evaluation of this study and a
series of meetings and discussions where the strategic
importance of the project was underlined, the
Commission agreed on co-financing this project, having
the assurance of the Greek authorities that all the

environmental parametres had been fully assessed and
that the necessary remedial measures, as well as measures
to minimize adverse environmental effects, difficult to
eliminate completely in the case of such projects, would
be taken.

Considering the importance and potential impact of such
a project, the Commission intends to follow the works
closely, with a view to ensuring that all the conditions
already set are fully met. To this end, a meeting, and
eventually a visit by experts to the area in question, will be
organized with the Greek authorities as soon as possible
in order to have an overall presentation of the works
already carried out and those foreseen for the future.

O OJ No L 175, 5.7.1985.

8. 4. 91 Official Journal of the European Communities No C 90/51

WRITTEN QUESTION No 2437/90

by Mr John Bird (S)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 90/91)

_Subject:_ War pensions

Will the Commission provide information detailing the
systems that operate in the 12 Member States in respect of
the payment of war pensions, with particular attention to
levels of remuneration, lump sums, entitlements, benfits
and exemptions.

Does the Commission believe that harmonization of war

pensions across the Community, in line with best practice,
would be a desirable and feasible objective?

Does the Commission have any proposals for ensuring
that all EC war pensioners enjoy certain EC wider rights
and benefits, no matter how small or large these might be?

Answer given by Mrs Papandreou
on behalf of the Commission

_(17 December 1990)_

The question of war pensions is not treated as part of
social security under Commission legal instruments. The
Commission has clearly stated in its action programme
implementing the Community Charter of the
Fundamental Social Rights of Workers that given their
diversity and history, harmonization of social security
systems is not taken into consideration.

Therefore the Commission has not made and does not

intend to make any proposals or issue any opinions on the
matter of war pensions.

WRITTEN QUESTION No 2439/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 90/92)

_Subject:_ Work of the 'mega-merger' unit

What reassurance can it give in the face of widespread
public concern in the UK that the EC's 'mega-merger'
unit will be able to complete swift and thorough enquiries

in a field of great complexity and often political
sensitivity?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(26 November 1990)_

Following the adoption of Council Regulation (EEC)
No 4064/89 of 21 December 1989 on the control of

concentrations between undertakings (') the Commission
adopted Regulation (EEC) No 2367/90 on 25 July 1990
in order to set in place the necessary implementing
provisions for the purpose of the main Regulation ( [2] ).

In addition a Task Force has been created within the

framework of the Directorate-General for Competition
and the necessary administrative steps have been taken to
ensure that adequate support services are available to the
Task Force.

By these means and in addition with the cooperation of
the competent authorities of the Member States the
Commission feels able to assure the Honourable Member

that it will be able to deal with all notified concentrations

within the time limits fixed by the Regulation.

(') OJNoL395,30.12.1989.
O OJNoL219,14.8.1990.

WRITTEN QUESTION No 2440/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 90/93)

_Subject:_ Financial aid for Christian buildings

What tangible financial support has it given over the last
five years towards the saving and restoration of major
buildings of Christian significance, such as cathedrals,
within the Community?

Answer given by Mr Dondelinger
on behalf of the Commission

_(10 December 1990)_

In the context of the annual scheme 'Support of
pilot-projects to conserve and promote the Community's
architectural heritage' the Commission has financially
supported the restoration of a number of buildings of
Christian significance. The Commission is sending

No C 90/52 Official Journal of the European Communities 8. 4. 91

directly to the Honourable Member and to the Secretariat
general of the European Parliament a list of these
buildings.

WRITTEN QUESTION No 2443/90

    - by Mr Gerardo Ferrtandez-Albor (PPE)

to the Commission of the European Communities

_(7 November 1990)_

(91/C90/94)

_Subject:_ Increase in Community aid for the preservation
of the architectural heritage

The Community's decision to grant funding to 26
restoration projects as part of the annual programme for
the preservation of the European Architectural Heritage
has been a great success in attracting applications, which
totalled 1 138 projects.

However, given that only 26 of the 1 138 were successful,
there were obviously many disappointed candidates. As a
result, the above application procedure could, in the final
analysis, be regarded as rather counter-productive.

Does not the Commission consider that Community
budget appropriations earmarked for this purpose should
therefore be considerably increased, to ensure that at least
25% of the projects submitted receive Community
funding and does it not accordingly consider that the time
is ripe to set up a European Cultural Fund which could
_inter alia_ provide a more satisfactory response to
applications in this area?

Answer given by Mr Dondelinger
on behalf of the Commission

_(19 December 1990)_

The total budget allocated jp cultural activities for the
1990 financial year is ECU 8,8 million. Of this sum, 2,6
million were earmarked for the activity in question.
Although this amount is of the order of 29,5 % in internal
management terms of the appropriations set aside for all
cultural activities, it is only enough to fund 2,3 % of the
projects for which applications were submitted for the
current year.

The Commission is aware of this fact. It takes the view

that increasing the budgetary appropriations for cultural
activities will have just as positive an effect on the whole
range of initiatives in the cultural field, including the
effect on the number of pilot projects for preserving the
Community's architectural heritage which are supported,
as would be achieved by setting up a new fund.

WRITTEN QUESTION No 2444/90

by Mr Gerard Fernandez-Albor (PPE)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 90/95)

_Subject:_ Community code of penalties for damage to
forests caused by arsonists

Without entering into a detailed analysis of the causes
behind the alarming proliferation of forest fires in the
Community Member States in the Mediterranean Basin,
it is clear that a high percentage of them are caused
by arsonists generally as an expression of their
dissatisfaction with certain measures in the field of

politics, labour relations or elsewhere.

The fundamental problem concerning the destruction of
100 000 hectares of forests in Spain was expressed by a
senior civil servant who stated, 'we can put out the fires
but the fire-raisers are always one step ahead'. This clearly
shows that the leniency of the penalties and sanctions
imposed on arsonists is not at all commensurate with the
devastation they inflict.

Does not the Commission therefore consider that a

Community code should be drawn up containing
exemplary penalties commensurate with the enormous
amount of damage done by arsonists, in order to deter
them from reaching for their matches to express their
dissatisfaction in respect of politics, labour relations or
other matters?

Answer given by Mr Bangemann
on behalf of the Commission

_(4 January 1991)_

The Commission is not competent to study the drafting of
a Community code of penalties for arsonists responsible
for forest fires, as the Honourable Member proposes.
This field is reserved exclusively for the relevant national
authorities.

Nevertheless, the Commission would like to stress that a
distinction must be made between fires lit by arsonists
who derive pleasure from the sight of fire and fires lit
deliberately for a specific economic, political or other
motive. The kinds of measures needed to combat these

two types of reasons for fire-raising are obviously
different.

Furthermore, the Commission has initiated a number of
operations through the Standing Committee on Forestry
to identify the causes of forest fires and to study ways of
fighting them in the local socio-economic context.

8. 4. 91 Official Journal of the European Communities No C 90/53

At the same time, thought is being given to Community
action against forest fires as part of Community civil
protection.

WRITTEN QUESTION No 2463/90

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(7 November 1990)_

(91/C90/96)

_Subject:_ Specific provisions for the protection of the
brown bear within the framework of the IMPs

In its answer to Question No 1393/90 (') on the IMPs for
Aquitaine and Midi-Pyrenees (France), the Commission
refers to specific provisions concerning forest access
programmes in areas populated by bears.

These provisions state: 'The rules governing traffic and
the timetable for forestry activities shall be determined in
liaison with the representatives of environmental
associations on the basis of proposals made following
completion of research into the management of mountain
fauna, in particular bears.'

It emerges from a survey of the associations in the
Pyrenees which are campaigning for the protection of the
brown bear that these provisions are not being respected.

Does not the Commission consider it desirable to review

the arrangements for the allocation of funds which are
not spent in accordance with the specified provisions, thus
seriously jeopardizing the survival of a species which is
especially endangered in France and whose plight has also
received sustained attention from such European bodies
as the Council of Europe and the European Parliament?

O OJNoC63, 11.3.1991, p. 21.

Answer given by Mr Millan
on behalf of the Commission

_(19 December 1990)_

In its answers to the two questions tabled by the
Honourable Member in the first half of 1990 ('), the
Commission stated that it had written to draw the

attention of the French authorities to the need for strict

compliance with the specific provisions concerning the
cutting of forest tracks.

On 19 June the Commission also asked the French

authorities to ensure that no Community assistance was
used or expenditure eligible under the structural Funds
incurred for work on forest tracks until the information

requested had been supplied and express agreement given
by the various Commission departments involved.

At the meeting of the Monitoring Committee for the
Aquitaine IMP on 10 July, the French authorities
confirmed that no administrative steps had been taken to
begin work on the project.

(') Written Questions Nos 1183/89 and 1393/90; OJ No C 139,
7.6.1990 and OJ No C 63,11. 3.1991.

WRITTEN QUESTION No 2468/90

by Mr Miguel Arias Canete (PPE)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/97)

_Subject:_ Implementation of the EEC — Guinea-Bissau
fisheries agreement

In view of the provision included in the EEC —
Guinea-Bissauen fisheries agreement to the effect that the
protocol thereto shall be valid from 16 June 1989 to 15
June 1991, and given that this protocol has now been in
force for over one year, can the Commission state:

— to what extent the protocol has actually been applied
_vis-d-vis_ the envisaged catch possibilities (regarding
trawlers, seiners, pole-and-line vessels and long
liners);

— which Member States have obtained fishing licences,
and how many in each case;

— what results have been obtained by the scientific
programme for research into fisheries resources;

— what utilization has been made of tj»e appropriations
for study grants;

— whether any conflicts have occurred in the waters
concerned involving the Community fleet and, if so,
on what basis they have been resolved?

Answer given by Mr Marin
on behalf of the Commission

_(19 December 1990)_

The situation regarding the various fishing vessel
categories is as follows:

(a) Shrimp freezer trawlers:

— fishing opportunities: 10 000 GRT per month as
an annual average;

No C 90/54 Official Journal of the European Communities 8. 4. 91

— actual use: 9 986 GRT (51 vessels, of which 21
Spanish, 17 Portuguese and 15 Italian).

(b) Fin fish and cephalopod freezer trawlers:

— fishing opportunities: 5 000 GRT per month as an
annual average;

— actual use: 2 722 GRT (21 vessels, of which 11
Spanish, six Greek, two Italian, one French and
one Portuguese).

It should be pointed out that the above tonnage is an
average figure resulting from low use during the first six
months and full use during the second half of the year.

(c) Tuna freezer seiners:

— fishing opportunities: 45

— actual use: 34 vessels (19 Spanish and 15 French).

(d) Pole-and-line tuna vessels:

— fishing opportunities: 15 vessels,

— actual use: 14 vessels (all French).

(e) Surface longliners:

— fishing opportunities: 35 vessels,

— actual use: two vessels (Portuguese).

As regards the scientific programme, the available amount
of ECU 550 000 has been committed but no payments
have been made yet.

Of the appropriation of ECU 550 000 available for grants,
ECU 375 000 has been committed. Payments of more
than ECU 310 000 have been made, covering 26 grants of
varying duration.

There have been no particular difficulties in implementing
the agreement.

WRITTEN QUESTION No 2481/90

by Mr Jean-Marie Alexandre (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/98)

_Subject:_ Programme of Options Specific to the Remote
and Insular Nature of the French Overseas

Departments (Poseidom)

1. At the 18th general assembly of the Conference of
the Community's Peripheral Maritime Regions, held in

La Baule on 4 and 5 October 1990, Mr Pierre Lagourgue,
President of the Regional Council of Reunion,
emphasized that the Commission had not yet proposed or
implemented certain specific measures set out in the
Programme of Options Specific to the Remote and
Insular Nature of the French Overseas Departments
(Poseidom), although this had the support of the
European Parliament.

2. The Council of Ministers had itself set a deadline of

six months for certain provisions to be adopted, and Mr
Lagourgue emphasized the need to speed up the
decision-making process.

(a) Can the Commission supply a list of the measures it
has adopted and implemented under Poseidom
within its power and responsibilities ?

(b) Which provisions remain to be adopted and
implemented, and what will the timetable be?

(c) What are the reasons for the lamentable delays which
we have seen?

Answer given by Mr Delors
on behalf of the Commission

_(4 January 1991)_

Although the Council set a time limit of six months for the
adoption of certain provisions implementing its Decision
89/687/EEC of 22 December 1989 establishing the
Poseidom, the Commission has been unable to draft the
proposals in question by the deadline. In view of the
genuinely innovative character of these proposals, the
Commission was concerned to ensure the optimum match
between the numerous ad hoc measures planned and the
specific constraints of the Overseas Departments to which
they must respond.

That is why a far-reaching and lengthy process of joint
consultation and exchanges of information with the
national and regional authorities concerned was initiated
in May 1989 and continued throughout 1990. The wide
range of different situations — and hence of cases to be
settled — in the four Overseas Departments meant that a
great deal of highly specific technical information was
required and had to be produced by the State and the
regions.

Now that this information has been obtained, the
Commission will put its proposals before the Council by
the end of 1990.

8. 4. 91 Official Journal of the European Communities No C 90/55

WRITTEN QUESTION No 2486/90 WRITTEN QUESTION No 2487/90

by Mrs Cristiana Muscardini (NI) by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities to the Commission of the European Communities

_(16 November 1990)_ _(16 November 1990)_

(91/C 90/99) (91/C 90/100)

_Subject:_ 'Trafficking' in children from the Third World
in the form of adoption

Is the Commission aware of the disgraceful 'trafficking'
in children from the Third World — from South America
and, in particular, Brazil — disguised as legal adoption?
Does it intend to curb these 'adoptions' by European
citizens (in Italy alone 4 000 children have apparently
been 'imported' from Brazil since 1986), which are likely
to aggravate the existing social and cultural problems and
increase the horrifying trafficking in children as
involuntary organ donors?

Answer given by Mr Delors
on behalf of the Commission

_(4_ _January 1991)_

The question raised by the Honourable Member is
outside the Community's field of competence.

There are numerous international instruments
safeguarding the rights of minors. There is, for example,
the Convention on the Rights of the Child adopted by the
United Nations Assembly General on 20 November 1989,
which came into force on 2 September 1990 after the 30th
day following the date on which the UN Secretary
General deposited the 20th instrument of ratification or
accession. Article 21 (d) and (e) stipulates that States
Parties to the Convention shall 'take all appropriate
measures to ensure that, in inter-country adoption, the
placement does not result in improper financial gain for
those involved in it.. and (shall) endeavour .. to ensure
that the placement of the child in another country is
carried out by competent authorities or organs'.

The Convention on the Rights of the Child has to date
been signed by most of the Community Member States
and two of them have already ratified it (for each State
which ratifies the convention or accedes to it, it comes
into force on the 30th day following the depositing by
that State of its instrument of ratification or accession).
Other Member States have already initiated the requisite
procedures in their national Parliaments.

_Subject:_ Checks on students with Mediterranean anaemia

Will the Commission launch a European campaign
including a health information programme for students
and screening for microcythemia, given that a survey of
approximately 40 000 students in the Lazio region
showed that 680 were carriers of non-alpha
microcythemia?

Answer given by Mrs Papandreou
on behalf of the Commission

_(11 December 1990)_

It is left to the Member States to assess the need to launch
information and screening campaigns for thalassemia.

The Commission has presently no plans for measures at
Community level.

WRITTEN QUESTION No 2491/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/101)

_Subject:_ Carcinogenic exhaust fumes from petrol and
diesel engines

Will the Commission launch a comparative
epidemiological survey in the Member States to assess the
cancer risk arising from exposure to exhaust fumes, since
recent studies have shown that petrol and diesel exhausts
are probably carcinogenic because of the components of
the polycyclic aromatic hydrocarbons and nitrogen
absorbed by the particulate phase of the emissions?

Answer given by Mrs Papandreou
on behalf of the Commission

_(30 November 1990)_
Brazil ratified the convention on 2 September 1990.

The Commission was represented at the International
Agency for Research on Cancer at the time of the
evaluation of exhaust fumes from diesel and petrol

No C 90/56 Official Journal of the European Communities 8. 4. 91

engines. The expert group came to the following
conclusions.

The evidence available as regards the carcinogenicity of
diesel engine exhaust fumes for man is limited, and it is
inadequate in the case of petrol engine fumes.

As regards engine exhaust fumes, with no distinction
between diesel or petrol, the evidence is limited
concerning carcinogenesis for man.

Some nitroarenes were also studied. No human data were
available for any of the compounds studied.

The Commission does not plan to launch a comparative
epidemiological survey in the Member States to assess
potential carcinogenicity of exhaust fumes from diesel
and petrol engines.

WRITTEN QUESTION No 2500/90

by Mr Lyndon Harrison (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/102)

_Subject:_ Social security offices in the UK

The Department of Social Security in the UK has
embarked on a policy of closing down local offices and
restructuring the claimant system along more centrally
orientated lines. The local DSS offices which remain will
become merely shopfront operations, using computers to
access information. Benefits will be assessed and paid
from offices hundreds of miles away from claimants.

Does the Commission consider that this will cause extra
hardship for British and other EC citizens making their
legitimate claims in the UK? Furthermore, can the
Commission provide comparative information on the
running of social security offices in other Member States?

Answer given by Mrs Papandreou
on behalf of the Commission

_(11 December 1990)_

Arrangements for the payment of social security benefits
are a matter for national competence alone.

The Commission does not possess and therefore cannot
provide comparative information on the running of social
security offices in the Member States.

WRITTEN QUESTION No 2506/90

by Georgios Romeos (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/103)

_Subject:_ Exclusion of Greek farmers from the ESC

The Community's Economic and Social Committee is the
most important institution for deliberating and drawing
up solutions for Community problems, particularly in the
agricultural sector and the Common Agricultural Policy.

Despite the fact that the Confederation of Farmers'
Unions represents 25% of the Greek workforce and
directly participates in measures influencing the
development of Greek agriculture the Greek Government
has decided to exclude the representative of the Greek
farmers' unions from Greek representation in the ESC.

Since such a decision seems to be unprecendented in the
Community, what measures will the Commission take to
ensure balanced representation of Greek farmers?

Answer given by Mr Delors
on behalf of the Commission

_(24_ _January 1991)_

The Commission believes that, as stated in the Treaty, all
the categories of social and economic activity must be
suitably represented on the Committee, including
farmers, who play a major role in the economy.

However, since the Commission has a purely consultative
role, it has very little say in this matter.

Pursuant to Articles 194 and 195 of the Treaty, the lists of
candidates for membership of the-ECSC are presented by
the Member States and the appointments are made by the
Council.

WRITTEN QUESTION No 2511/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/104)

_Subject:_ Composition of a monitoring committee

What is the composition of the monitoring committee set
up within the framework of Objective 5 (b) of the

8. 4. 91 Official Journal of the European Communities No C 90/57

Structural Funds for the region Poitou-Charentes, in
accordance with Article 25 (3) of Regulation (EEC) No
4253/88 O?

Is it true that the Commission requested the French
authorities to appoint a representative of the French
League for the Protection of Birds as a member of this
committee?

O OJ No L 374,31.12.1988, p. 1.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(7_ _December 1990)_

The Monitoring Committe for the Objective 5 (b)
Community support framework for the implementation
of Community assistance in Poitou-Charentes has not yet
been set up. The Commission has just invited all Member
States which have not yet done so, including France, to
inform it of the names of their representatives to the
different Objective 5- (b) Monitoring Committees. The
Member States are responsible for appointing these
representatives and the Commission has made no
suggestions regarding their status or the bodies to which
they belong.

WRITTEN QUESTION No 2535/90

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/105)

_Subject:_ Patents

On 1 January 1993 with the advent of the single market,
national patents will no longer provide effective
protection and will therefore cease to serve any practical

purpose.

Will the Commission authorize the _de facto_ extension of
existing national patents throughout the Community as of
1 January 1993?

Answer given by Mr Bangemann
on behalf of the Commission

_(5 December 1990)_

The first day of January 1993 will indeed be a turning
point as regards patents being obtainable for the whole
territory of the Community, as the Convention on the
Community patent signed by all the Member States in

Luxembourg on 15 December 1989 should then have
come into effect. However, the situation as regards
national patents should not then change, for the
Convention sets up a special system of patents for the
common market and does not affect the national
legislation of the Member States, which will continue to
apply within their separate national territories. The choice
between a national or Community patent will thus be a
matter for the person concerned when he applies for the
patent. The Commission consequently has no intention of
allowing old national patents to apply _de facto_ to the
whole territory of the Community from 1 January 1993.
This would in effect mean changing a national patent into
a Community one, something which was never envisaged
at any point in the negotiations leading to the
Convention. The difficulties which would have arisen
would have been too great.

WRITTEN QUESTION No 2536/90

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/106)

_Subject:_ Right to vote for and stand for election to
municipal councils

What measures will the Commission take on the question
of allowing Community nationals to vote for and stand
for election to municipal councils in their country of
residence, which would run counter to the constitutional
provisions of the Member States and would not be
justified under Article 235 of the Treaty?

Answer given by Mr Bangemann
on behalf of the Commission

_(18 December 1990)_

The Commission considers that participation by
European citizens in the local elections of the Community
country in which they are resident is an essential aspect of
a People's Europe. The Commission has consequently
presented a proposal for a Council Directive based on
Article 235 of the EEC Treaty, the purpose of which is to
give the nationals of Member States the right to vote in
municipal elections of their Member State of residence (').

The Commission takes the view that it is justified to base
such a proposal on Article 235 since the Single European
Act explicitly identifies promotion of democracy as being
a Community objective. The Honourable Member is

No C 90/58 Official Journal of the European Communities 8. 4. 91

asked to refer to the detailed arguments contained in the
explanatory memorandum ( [2] ).

The fact that the proposal for a Directive runs counter to
constitutional provisions in some Member States is not an
insurmountable obstacle. In the Netherlands, for
example, the Constitution has been amended to ensure
that the right to vote is no longer confined to Dutch
citizens alone. In Germany the Constitutional Court
(Bundesverfassungsgericht) in a recent ruling admittedly
declared the granting of voting rights to non-German
nationals to be contrary to the Constitution, but it added,
referring specifically to the current discussion at
Community level, that such rights could be introduced
after the necessary constitutional amendments had been
made.

(*) OJ No C 246,20.9.1988; OJNo C 290,18.11. J989.
O COM(88) 371 final, Supplement 2/88 - Bull. EC.

WRITTEN QUESTION No 2551/90

by Mr Fernando Suirez Gonzalez (PPE)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/107)

_Subject:_ Funding for young worker exchange schemes

What amounts were paid to the 29 organizations which
received funding in 1989 for young worker exchange
schemes?

Answer given by Mrs Papandreou
on behalf of the Commission

_(11 December 1990)_

The amounts paid to organizations out of the budget for
young worker exchange schemes in 1989 will not be
known until the final accounts for all the projects
undertaken during that year have been submitted and
balanced.

Copies of the 1988/89 report on the third Joint
Programme of Exchanges of Young Workers and a list of
bodies having received co-financing under it in 1989 will
be sent directly to the Honourable Member and the
Parliament Secretariat.

WRITTEN QUESTION No 2563/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 90/108)

_Subject:_ VAT on books

Would the Commission be prepared to modify its present
VAT proposals and introduce a lower VAT rate for books
of 0 to 6 % rather than the present proposal of 4 to 9 %.

Answer given by Mrs Scrivener
on behalf of the Commission

_(4 January 1991)_

As the Honourable Member is aware, in its proposal of
1987 on the approximation of VAT rates ( [!] ) the
Commission suggested, in line with the practice in a
majority of Member States, that books, newspapers and
periodicals should be taxed at the reduced rate of VAT in
all Member States from 1993 onwards.

In the conclusions of the Presidency of the Ecofin
Council of 18 December 1989, it was decided on the basis
of this proposal that the Council would determine the
scope of the reduced rates which Member States will be
able to apply, and on the 1 January 1993 level.

Therefore, the Commission has no intention at this stage
of amending its proposal in the manner suggested by the
Honourable Member.

O COM(87)321.

WRITTEN QUESTION No 2590/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 90/109)

_Subject:_ The unsupervised rubbish dump in Arguinariz
(Navarra, Spain)

For the last 13 years the inhabitants of Arguinariz
(Navarra, Spain) have been suffering the nuisance and
damage caused by an unsupervised rubbish dump, which
receives the domestic waste (approximately 700 million
tonnes per year) of the city of Pamplona and the
surrounding district. This rubbish dump is harmful to
people and the environment and the leaching it causes
permanently pollutes the river Arga.

8. 4. 91 Official Journal of the European Communities No C 90/59

Directive 75/442/EEC (') states that this kind of waste
must be disposed of without endangering public health or
causing damage to the environment.

What emergency measures can the Commission take to
ensure that Community law is applied in this case, in
particular Directive 75/442/EEC?

O OJ No L 194, 25. 7. 1975, p. 47.

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

_(17January 1991)_

The Commission has taken note of the facts reported by
the Honourable Member.

To be able to act under Article 169 of the Treaty, the
Commission requires detailed information enabling it to
assess whether or not Community legislation has been
infringed.

In the absence of such detailed information, the

Commission is unable to assess whether or not the

provisions of Directive 75/442/EEC have been properly
applied.

WRITTEN QUESTION No 2594/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(20 November 1990)_

(91/C90/110)

_Subject:_ Delay in the payment of ESF appropriations for
1989

Can the Commission explain the reasons for the delay in
the payment of the second tranche of the budgetary items
earmarked for ESF measures in 1989? The delay is more
than six months in some cases. This question refers in
particular to the difficulties which the delay causes for
those who organize training courses, such as trade union
organizations, for whom vocational training is an
accompaniment to trade union work.

Answer given by Mrs Papandreou
on behalf of the Commission

_(4 January 1991)_

Under the rules governing training schemes carried out in
1989, approval of an application for aid from the ESF
gives rise to the payment of an initial advance which
generally amounts to 50 % of the amount approved.

Applications for payment of the balance must be
submitted by the Member State concerned within a period
of 10 months following the conclusion of the schemes.

In fact, most applications for payment of the balance were
submitted to the Commission at the end of October and

are now being examined.

WRITTEN QUESTION No 2598/90

by Mr Joaquin Sis6 Cruellas (PPE)

to the Commission of the European Communities

_(20 November 1990)_

(91/C90/111)

_Subject:_ Community subsidies for shelters for AIDS
sufferers

In her reply of 18 May 1990 to my Written Question No
856/90 (*) to the Commission on Community subsidies
for shelters for AIDS sufferers tabled in March, Mrs
Papandreou said that 'since the Commission has been
requested to draw up and submit to the Council proposals
for the details and content of an action plan to integrate
appropriate measures to prevent and control AIDS, the
subject of centres (SIC) in the Community for persons
with AIDS will be taken into account'.

1. Have the Commission's proposals for this action plan
been submitted?

2. If so, does the action plan include the shelters in
question?

3. If not, when will the proposals be submitted? Will they
include these shelters? What subsidies would be

provided?

O OJNoC283,12.11.1990, p. 24.

Answer given by Mrs Papandreou
on behalf of the Commission

_(18 December 1990)_

In its reply to the Written Question No 856/90, the
Commission already stated that an action plan was being
drawn up covering the areas of concern to the
Honourable Member. This plan will be submitted to
Council in the near future.

/

No C 90/60 Official Journal of the European Communities 8. 4. 91

WRITTEN QUESTION No 2608/90

by Mr Bernard Antony (DR)

to the Commission of the European Communities

_(20 November 1990)_

(91/C90/112)

_Subject:_ Education, vocational training and youth policy

What does the Commission mean by youth policy?

Can it give a list of NGOs, associations or youth
movements receiving Community funds, giving the exact
amount of the appropriations earmarked for each
association?

Answer given by Mrs Papandreou
on behalf of the Commission

_(8_ _January 1991)_

The Honourable Member is referred to the Commission's
memorandum Toung people in the European
Community' (') which has been transmitted to
Parliament, and in particular to paragraphs 12 to 14 of
that memorandum as well as to Annex I which contains
the list of the organizations concerned.

O COM(90) 469 final.

WRITTEN QUESTION No 2632/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(23 November 1990)_

(91/C90/113)

_Subject:_ Taxation of audio and video appliances

In spite of the Community directives, consumer prices for
audio and video appliances exhibit marked variations
from one Member State to another, owing to the
variations in VAT rates and in taxation of luxury goods.

Can the Commission provide a country-by-country
breakdown of the situation, clearly distinguishing VAT
and luxury goods taxes, and suggest possible solutions to
the problem?

Answer given by Mrs Scrivener
on behalf of the Commission

_(13 December 1990)_

The rate of VAT currently applicable to audio/video
equipment in the different Member States of the
Community is as follows:

NL

18.5%

P

17%

F

25%

IRL

23%

I

9/19%

L

12%

UK

15%

B

33% (')

DK

22%

D

14%

GR

36%

E

12%

(') VAT 25% plus additional luxury tax of 8%.

Under the Commission's 1987 proposal on the approximation of VAT rates (COM(87) 321) all
audio/video equipment would become liable for the standard rate of VAT throughout the
Community from January 1993 onwards. If this proposal is adopted by the Council as it stands,
the rate applicable to such equipment from that date will fall within a band of between 14 and
20%.

8. 4. 91 Official Journal of the European Communities No C 90/61

WRITTEN QUESTION No 2651/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(23_ _November_ _1990)_

(91/C 90/114)

_Subject:_ Zero rates of VAT

Can the Commission state whether the United Kingdom
authorities have yet submitted any requests in response to
the Commission's initiative on zero rates?

Answer given by Mrs Scrivener
on behalf of the Commission

_(8_ _January 1991)_

In the context of discussions in the Council framework on
the question of the approximation of VAT rates, the UK
authorities have indicated their desire to maintain a
certain number of zero rated supplies particularly for
reasons of social policy. The Commission has taken note
of this position.

The Commission would recall that in its communication
of 14 June 1989 (') it indicated that in the framework of a
compromise agreement on the entire package of
proposals on the abolition of fiscal frontiers, it might be
possible to authorize Member States to maintain zero
rates for a very limited number of products subject to
reduced rates of VAT provided this did not pose any risk
of distortion of competition for other Member States.

O COM(89) 260 final.

WRITTEN QUESTION No 2659/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 90/1*15)

_Subject:_ Comparability of social workers' qualifications

With the advent of greater mobility of those with
experience in the fields of social work, what provision is
being made to ensure that an effective comparative
syllabus is agreed for the training and award of
professional qualifications at each level in the different
EC Member States ?

Answer given by Mrs Papandreou
on behalf of the Commission

_(23_ _January 1991)_

To the extent that the profession of 'social worker* is a
regulated profession, access to it is governed by the rules

on the recognition of diplomas. Access to this profession
in Member States which require university-level
professional training of at least three years' duration is
governed by the Directive on a general system for the
recognition of higher-education diplomas, adopted by the
Council on 21 December 1988 (*). This being so, there is
no need to harmonize such training, since the Directive is
based on the principle of mutual trust and does not call
for prior harmonization.

Access to this profession in Member States which do not
require university-level professional training of at least
three years' duration will be governed by the terms of the
supplementary directive proposed by the Commission and
currently under discussion in the Council.

In countries which require at least three years'
university-level professional training, access to the
profession for those who have obtained their
qualifications in a country which does not require training
of this level or duration will be governed by the relevant
provisions of the abovementioned proposal for a
supplementary directive at present before the Council.

In addition, if this profession _is_ not regulated in a
particular Member State the recognition of diplomas is
not necessary. In this case, all that is required is
information on the qualifications obtained by social
workers wishing to take up employment in another
Member State.

At the present time, the work on the comparability of
qualifications intended to supply essential information on
professional qualifications is concerned primarily with
professions involving skilled workers. The Council has
not yet decided to extend this work to professions
involving other levels of training.

O OJ No L 19,24.1.1989.

WRITTEN QUESTION No 2660/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 90/116)

_Subject:_ Exchange of information on social work
structures and qualifications

There _is_ concern amongst those responsible in the UK for
operational services in the field of social work, especially
in local authorities, due to the lack of regular contact at
senior level between those responsible in each Member
State.

No C 90/62 Official Journal of the European Communities 8. 4. 91

Will the Commission identify what sharing of experience
takes place, and whether it is prepared to establish or
encourage a positive dissemination of information for
legal, technical and operational issues?

Answer given by Mrs Papandreou
on behalf of the Commission

_(4_ _January 1991)_

The Commission has taken various steps to promote the
exchange of experiences between social workers and to
encourage the dissemination of information on social
work.

In April 1990 the Commission and the European
Community liaison committee of the International
Federation of Social Workers held a meeting in La Hulpe
(Belgium) on the subject 'Training and employment —
outlook for 1992'. In addition, a seminar was held in
Madrid in April 1986 on the subject of 'Social workers —
voluntary workers and the elderly'.

The International Federation of Social "Workers and the
British Association of Social Workers are organizing a
seminar scheduled to take place in September 1991 on the
theme of 'Love, law and the child' in which the
Commission will be taking part.

WRITTEN QUESTION No 2718/90

by Mr Bruno Megret
and Mr Jean-Marie Le Chevallicr (DR)

to the Commission of the European Communities

_(10_ _December 1990)_

(91/C90/117)

_Subject:_ Report of the Committee of Inquiry into Racism
and Xenophobia

In the preamble to the Treaty establishing the EEC, the
Member States specify that they are determined to lay die
foundations for 'an ever closer union among the peoples
of Europe' and to work towards 'the constant
improvement of the living and working conditions of
their peoples'.

1. Does the Commission not think that implementing the
recommendations of the Committee of Inquiry's
report will be tantamount to giving preferential
treatment to nationals of non-Community countries
over European citizens, in violation of the Treaties?

2. Does it not think that measures to give voting rights to
non-nationals and to provide them with access to jobs
in the civil service constitute intolerable interference in
areas falling exclusively within the national
competence of the Member States, and that only the
peoples of Europe, consulted by referendum, should
decide on such amendments to the constitution of
their respective countries?

3. Is it not afraid that, following the adoption of this
report, it may become embroiled in a purely
party-political issue in which it has no right, either in
fact or in law, to adopt a partisan position?

Answer given by Mrs Papandreou
on behalf of the Commission

_(8_ _January 1991)_

The Commission set out its position concerning the
report of the Committee of Inquiry into Racism and
Xenophobia at the parliamentary debate of 9—10
October 1990 ( [l] ).

O Debates of the European Parliament, No 394 (October I
1990).

WRITTEN QUESTION No 2728/90

by Mr Miguel Arias Canete (PPE)

to the Commission of the European Communities

_(10_ _December 1990)_

(91/C90/118)

_Subject:_ Community monitoring of objects manufactured
from precious metals

There are considerable differences between the 12
Member States concerning arrangements for the
monitoring and inspection of the manufacture, marketing
and sale of objects manufactured from precious metals. In
some Member States (the Ignited Kingdom, France,
Portugal, Ireland and Spain) government bodies are
responsible for monitoring the manufacturing of
jewellery from the outset (hallmarking). In the
Netherlands this is done by private bodies. Other Member
States, such as Italy, Germany, Denmark, Belgium,
Greece and Luxembourg, only check the finished
product.

Clearly there are a number of different and contradictory
ideas prevailing in the Community as regards policy on
quality controls for manufactured jewellery.

Given the concern for quality control of Community
products and the protection of consumers' rights, as

8. 4. 91 Official Journal of the European Communities No C 90/63

reflected in the development of Community legislation
for the completion of the single market:

1. What measures does the Commission intend to take to
harmonize the inspection of objects manufactured
from precious metals in the EC at Community level?

2. Does the Commission consider that quality control
from the outset of the manufacturing process is the
most effective means of protecting the rights of
consumers at every phase of the manufacturing
process?

Answer given by Mr Bangemann
on behalf of the Commission

_(17_ _January 1991)_

The Commission is aware of the differences between the
Member States' arrangements regarding precious metals,
arrangements which are intended to protect consumers.

The Commission is currently examining the situation so
as to determine whether the technical barriers to trade
resulting from the existing national arrangements ought
to be removed through the long and difficult process of
Community harmonization. It therefore proposes to reply
to the Honourable Member's questions at a later date.

WRITTEN QUESTION No 2746/90

by Mr Pedro Canavarro (S)

to the Commission of the European Communities

_(10_ _December 1990)_

(91/C90/119)

_Subject:_ Implementation of the directive on the education
of the children of migrant workers in Spain and
Portugal

In its second report on the implementation of Directive
77/486/EEC ( [l] ) on the education of the children of
migrant workers (COM(88) 787 final) the Commission
takes no account of the situation in Spain and Portugal,
since these two Member States did not join the
Community until after 1984—1985, the year under review
in this report.

Have Spain and Portugal informed the Commission of
the measures they have taken to incorporate this directive
into their national law?

Does the Commission consider that these measures
constitute adequate incorporation of this directive?

O OJ No L 199,6. 8.1977, p. 32.

Answer given by Mrs Papandreou
on behalf of the Commission

_(22_ _January 1991)_

Spain and Portugal informed the Commission in 1989 of
the measures they have taken to incorporate Directive
77/486/EEC into their national legislation.

The Commission thought it best to allow these Member
States sufficient time to adopt implementing measures
before asking them to supply the particulars needed for its
report to the Council.

However, steps have now been taken to transmit to the
competent authorities the questionnaire used for the
preparation of the report COM(88) 787 final. When the
replies are received the Commission will be able to
produce a supplement to the report.

WRITTEN QUESTION No 2748/90

by Mr Pedro Canavarro (S)

to the Council of the European Communities

_(10 December 1990)_

(91/C 90/120)

_Subject:_ Declarations regarding the adoption of the
directive on the education of the children of
migrant workers

It seems that at the time that Directive 77/486/EEC (') on
the education of the children of migrant workers was
adopted by the Council, certain declarations regarding
various aspects of this directive were recorded in the
minutes of the Council meeting.

Will the Council provide me with copies of these texts?

Furthermore, does the Council consider that these
declarations are still valid?

(*) OJ No L 199,6. 8.1977, p. 32.

Answer

_(26 February 1991)_

Statements entered in the Council minutes, which
constitute one aspect of the negotiations conducted in the
Council, do not form part of the legal act adopted by the
Council. They are entered in the minutes in accordance
with Article 7 of the Council's Rules of Procedure (') and
hence are subject to professional secrecy under the terms
of Article 18 of those Rules of Procedure.

0) OJ No L 268/79, p. 1 and No L 291, p. 27.

No C 90/64 Official Journal of the European Communities 8. 4. 91

WRITTEN QUESTION No 2749/90

by Mr Carlos Roblcs Piquer (PPE)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 90/121)

_Subject:_ Breakdown of grants to Andalusia within the
Community support framework

The Commission provided a full answer to my question,
No 1925/90 O in the form of a text forwarded by Mr
Millan on 18 October 1990. The reply mentions the
allocation of two sets of commitment appropriations for
Andalusia: ECU 213 million for the regional Sub-CSF
and ECU 621 million for the multi-regional Sub-CSF. It
adds that further appropriations and three operational
regionally-based programmes are under consideration. I
wish to thank the Commission for this reply and would
appreciate a detailed breakdown of the appropriations
already allocated, which — unless there has been some
error — total the respectable sum of ECU 834 million.
Can the Commission list the beneficiaries and provide as
much information as possible to facilitate an assessment
of the practical contribution of these appropriations to
the objective of the Community Support Framework for
Andalusia? This assessment must be made not only by the
Commission, but also by those who live in the
Autonomous Community of Andalusia and are therefore
familiar with the local situation.

O OJNoC63, 11.3. 1991, p. 43.

Answer given by Mr Millan
on behalf of the Commission

_(21 February 1991)_

The Commission is sending direcdy to the Honourable
Member and to the Secretariat of Parliament a table

containing the information requested.

WRITTEN QUESTION No 2784/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 90/122)

_Subject:_ Community support for European cultural
diversity

Cultural diversity is one of Europe's greatest assets. In
particular, regional literatures express universal feelings
using a specific setting. However it is often difficult for
them to attract notice or even to survive.

Can the Commission say what steps it is taking to assist
the creation, publication and circulation of such
literature?

WRITTEN QUESTION No 2794/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 90/123)

_Subject:_ Establishment and implementation of a
Community policy on books

It has been generally accepted that the establishment of a
clear and cohesive policy on books is an essential part of
Community cultural policy. What practical steps does the
Commission intend to take in this direction?

Joint answer to Written Questions Nos 2784/90

and 2794/90

given by Mr Dondelinger
on behalf of the Commission

_(28 January 1991)_

Books are one of the four priority areas identified in the
conclusions adopted by the Council and the Ministers
responsible for cultural affairs on 27 May 1988.

On 26 April 1989 the Commission adopted a
communication entitled 'Books and reading: a cultural
challenge for Europe'.

On 18 May 1989 the Ministers responsible for cultural
affairs, meeting in the Council, passed a resolution on the
promotion of books and reading.

The Commission has started to implement the measures
set out in the resolution:

— It has established a European prize for literature and a
prize for the best translations of European literary
works. The first two awards were made in Glasgow as
part of the European City of Culture programme on
26 November 1990.

— A pilot scheme has been launched to provide financial
assistance totalling ECU 200 000 a year for
translations of contemporary literature. In 1990 this
helped support 65 literary works.

— Grants are being made to fund places on courses at
colleges for literary translation. Five colleges were
given ECU 30 000 each for 1990.

— A study of European statistics on books has been
commissioned and will be published by the SOEC in
the near future.

^ 4 9 t Cfficiai]oumal of the European Communities ^ o C 9 0 B ^

Also, as part of itst990—94 framework programme of
Communitv activities in the field of research and
technological development, the commission is preparing
measures topromotecooperationhetween lihrarieson
data processings

w ^ I T T E ^ ^ t l ^ T ^ C o ^ ^ ^ ^ B ^

h v ^ P ^ e ^ L ^ a ^ a d e ^ H n ^

totheCou^cilofthe^uropea^Comm^^es

^91BC^90B1^

^ ^ c r Technical measures for the conservation of

fisherv resources

The Commission has forwarded to the Councilaproposal
^CClvi^ ^ 1 finah amending for the 10th time
Regulation ^LL^ l^o ^094B^D lading down certain
technical measures for the conservation of fisherv

resources.

Like theregulationon which it isbased,this proposal
does not provide for Parliament to he consulted pursuant
to deprocedure laid down under Articletlof^egulation
^EEC^o^OB^

Experience has shown ^and this proposal is no e^ception^
that technical measures mav have major consequences on
fishing as an economicsector.

Purthermore,the substance of the measures mav affect
the C^ommunit^s position in its relations with third
countries, he it in bilateral relations or international
negotiations, which are of considerable importance in the
conservation offisherv resources.

Thesegeneral considerations, combined with the factthat
the above proposal la^s down a minimum mesh size
which^

— ifadopted, will cause majordifficultiesforfishermen,

— in anv event, preempts the C^ommunitv^sposition in
the negotiations to be conducted both with l^orwav
and Sweden and with l^AFCO and the Baltic ^ea
EishervC^ommission,

prompt the Committee on Agriculture, fisheries and
R^uralL^evelopment to put the following questions to the
C^ouncil^

1. L^oes the Council have an estimate of the
socioeconomic impact of the measures put forward
b^ the Commission in its proposal ^ C C ^ 9 0 ^ ^ 1 ^

lOoes it considerthat aid will have to be provided both
to enable fishermen to comply with the planned
provisions ^if adopted^ and to mitigate the effects on
fishermen^sincome^

^ Is the Council aware thatfailure to consult Parliament
on measureswhich mav haveaconsiderable impact on
a whole economic sector ^and even on the whole
economvof certain regions of the Community has
^however justified those measures mav be^ an
e^tremelv negative impact on the people affected,
who, as a result, come to regard democratic
representationwithintheC^ommunitvasan illusion
and consequentlvrejectthe whole notions

0. L^oes the council consider that, under current
legislation, this state of affairs could be alleviated if
Parliament were consulted on the subjects covered bv
ArticleMofRegulation^LL^^ol^OB^,oratleast
in cases where proposed measures mav have a
significant socio-economic impacts

4. Is the Council prepared to consider that ArticleMof
Regulation ^LEoe^o^OB^ should be amended, in
order to ensure that such consultation, which is
necessarv if democratic legitimacy is to be prompted,
actually takes place and, consequently, that
C^ommunitv regulations are accepted^ If thev are not,
the risks of fraud or of violent reaction will be

increasedD

Answer

n The council attaches particular importance to the
condiuons for carrying out fishing activities in order,
among otherpoints, to ensure the conservation of marine
biological resources' ^uch conservation measures are
implemented with the main aim of ultimatelvachieving
greater stability in fishing activities and therebv
safeguarding the specific needs of fishermen, certain
geographicregions and certain economicsectors,

^. C^iven the worrying state of some demersal stocks,
which require appropriate conservation measures,
particularly in the l^orth ^ea, the Council and the
Commission agreed attheCouncil^smeeting on U^andl9
lOecember 19^9 that certain amendments should be made

to rules on technical conservation measures.

^. At present,the Council is carefullv examining the
commission proposal amending for the 10th time
Regulation ^EE^ l^o ^094B^D laving down certain
technical measures for the conservation of fisherv

resources'

The council does not have an^ precise estimate of the
socioeconomicimpact of the measures putforward^

No C 90/66 Official Journal of the European Communities 8. 4. 91

4. At its meeting on 19 and 20 December 1990, the
Council adopted a Regulation amending Regulation
(EEC) No 4028/86 on Community measures to improve
and adapt structures in the fisheries and aquaculture
sector, including support measures for fishermen engaged
in small-scale fishing.

5. Moreover, the Council is examining the
Commission proposal amending for the tenth time
Regulation (EEC) No 3094/86 in compliance with the

rules and principles laid down in the Treaty and in
particular the institutional balance provided for therein.

6. The Council would point out that Regulation(EEC)
No 170/83 was adopted following an opinion of the
European Parliament. The Council would examine with
care any proposal for an amendment to Article 11 of that
Regulation should the Commission submit such a
proposal.