Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

##### C 209
# Official Journal

Volume 35
### of the Communities 15 August 1992 European

Volume 35

15 August 1992

###### Information and Notices

English edition

Notice No Contents Page

I Information

European Parliament

Written Questions with answer

92 / C 209 / 01 No 642 / 90 by Mr Florus Wijsenbeek to the Commission
Subject : Creation of the BTT cooperative 1

92 / C 209 / 02 No 1315 / 91 by Mr Florus Wijsenbeek to the Commission
Subject : Rail transport cooperative 1

Joint supplementary answer to Written Questions Nos 642 / 90 and 1315 / 91 1

92 / C 209 / 03 No 1712 / 90 by Mr Wilfried Telkämper to the Commission
Subject : Pollution of the Rhine by the Stracel Company ( Supplementary answer ) 2

92 / C 209 / 04 No 636 / 91 by Mr Enrico Falqui to the Commission
Subject : Large-scale release in Belgium of genetically engineered live viral rabies vaccine 2

92 / C 209 / 05 No 647 / 91 by Mr Sotiris Kostopoulos to the Commission
Subject : Measures to protect cities and public land from development projects 3

92 / C 209 / 06 No 850 / 91 by Mr Mihail Papayannakis to the Commission
Subject : Infringement of Greek and Community provisions on hunting 4

92 / C 209 / 07 No 908 / 91 by Mr Paul Lannoye and Mrs Hiltrud Breyer to the Commission
Subject : Implementation of the two Council Directives on genetically modified organisms .... 5

92 / C 209 / 08 No 927 / 91 by Mr Gianfranco Amendola to the Commission
Subject : Building of the Desenzano — Sirmione — Peschiera bypass : failure to enforce
Directive 85 / 337 / EEC of 27 June 1985 on environmental impact assessment 5

2 ( Continued overleaf )

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No 1662 / 91 by Mr Georgios Romeos to the Commission
Subject : Pension schemes in Greece

No 1844 / 91 by Mr Paul Staes to the Commission
Subject : Tropical rain forests of Sarawak

No 1957 / 91 by Mr Alonso Puerta to the Commission
Subject : Pollution of the Months River, Langreo / Asturias ( Spain )

No 1962 / 91 by Mrs Raymonde Dury to the Commission
Subject : Special city fuel

No 1973 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : American maize and sorghum imported by Spain

No 2053 / 91 by Mr Ian White to the Commission
Subject : Lomé Convention

No 2097 / 91 by Mr Peter Crampton to the Commission
Subject : Drilling for oil off Flamborough Head

No 2137 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : The breeding of bison

No 2140 / 91 by Mr Panayotis Roumeliotis to the Commission
Subject : Illegal exports by Turkish Cypriots to the European Community

No 2147 / 91 by Mr Ernest Glinne to the Commission
Subject : Corruption in the Dominican Republic

No 2150 / 91 by Mr Ernest Glinne to the Commission
Subject : The need for international supervision of banks

No 2190 / 91 by Mr Herman Verbeek to the Commission
Subject : Quality of cattle fodder

No 2370 / 91 by Mr Herman Verbeek to the Commission
Subject : BST

No 2397 / 91 by Mrs Ursula Braun-Moser to the Commission
Subject : Projected new Brenner railway tunnel

No 2398 / 91 by Mr Dieter Rogalla to the Commission
Subject : Free exchange of scientific and cultural information

No 2415 / 91 by Mrs Winifred Ewing to the Commission
Subject : Restrictions on the sowing of oilseed rape crops

No 2429 / 91 by Mr Giuseppe Mottola, Mr Franco Borgo, Mrs Felicia Contu,
Mr Lorenzo De Vitto, Mr Mario Forte, Mr Antonio Iodice to the Commission

Subject : Council Directive of 1979 on the conservation of wild birds

No 2448 / 91 by Mr Georgios Romeos to the Commission
Subject : Conversion of the Chinese arms industry

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No 2500 / 91 by Mr Kenneth Stewart to the Commission
Subject : Health legislation for the display of food for sale 15

No 2588 / 91 by Mr Patrick Lalor, Mr Gene Fitzgerald, Mr Niall Andrews, Mr James
Fitzsimons, Mr Mark Killilea and Mr Patrick Lane to the Commission
Subject : EC financial assistance for essential investment in access transport services to / from
Ireland, and other peripheral regions 15

92 / C 209 / 29 No 3178 / 91 by Mr John Cushnahan to the Commission
Subject : Community investment in access transport services to and from Ireland 15

Joint answer to Written Questions Nos2588 / 91 and3178 / 91 16

92 / C 209 / 30

92 / C 209 / 31

92 / C 209 / 32

92 / C 209 / 33

92 / C 209 / 34

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No 2615 / 91 by Mrs Nel van Dijk to the Commission
Subject : Decision to site a refuse incineration plant in Kamp-Lintfort 16

No 263 1 /9 1 by Mr Sotiris Kostopoulos to the Commission
Subject : Supervision of the governing boards of sickness insurance funds 16

No 2646 / 91 by Mr Peter Beazley to the Commission
Subject : Chinese imports of bicycles 17

No 2656 / 91 by Sir James Scott-Hopkins to the Commission
Subject : Extracted aggregates in the construction industry 17

No 2732 / 91 by Mrs Anita Pollack to the Commission
Subject : Women and the Social Fund 1 ®

No 2762 / 91 by Mrs Barbara Dührkop Duhrkop to the Commission
Subject : Aid to projects concerned with the protection and promotion of the European
architectural heritage 1 ®

No 2766 / 91 by Mrs Mary Banotti to the Commission
Subject : EC funding for recycling 19

No 2771 / 91 by Mrs Mary Banotti to the Commission
Subject : Environmentally sensitive areas 19

No 2777 / 91 by Mrs Mary Banotti to the Commission
Subject : Consumer effects of the lack of competition in the motor vehicle sector 20

No 2787 / 91 by Mr Freddy Blak to the Commission
Subject : Efforts to reduce tobacco consumption 20

No 2788 / 91 by Mr Freddy Blak and Mrs Kirsten Jensen to the Commission
Subject : Mortality among alcoholics and smokers 20

Joint answer to Written Questions Nos 2787 / 91 and 2788 / 91 20

No 2791 / 91 by Mr Bernhard Sälzer to the Commission
Subject : Staff employed in DG XIII 21

No 2799 / 91 by Mr Paul Staes to the Commission
Subject : Rest periods for lorry drivers 22

( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 209 / 43 No 2804 / 91 by Mr Alan Donnelly to the Commission
Subject : Community law and national law 22

92 / C 209 / 44 No 2820 / 91 by Mr Thomas Megahy to the Commission
Subject : Fraudulent labelling of garments 23

92 / C 209 / 45 No 2821 / 91 by Mr Thomas Megahy to the Commission
Subject : Fraudulent labelling of carpets 23

Joint answer to Written Questions Nos 2820 / 91 and 2821 / 91 23

92 / C 209 / 46 No 2827 / 91 by Mr Filippos Pierros to the Commission
Subject : Insurance for Aids sufferers in the Community 23

92 / C 209 / 47 No 2829 / 91 by Mr Virgilio Pereira to the Commission
Subject : Implementing regulations for the Poseima programme 24

92 / C 209 / 48 No 2839 / 91 by Mr Peter Crampton to the Commission
Subject : Transport of nuclear materials 24

92 / C 209 / 49 No 2846 / 91 by Mr Peter Crampton to the Commission
Subject : Fisheries : ' One net rule ' 25

92 / C 209 / 50 No 2851 / 91 by Mr Freddy Blak to the Commission
Subject : Reference to the term ' erga omnes ' in labour market Directives 25

92 / C 209 / 51 No 2865 / 91 by Mr John Cushnahan to the Commission
Subject : Consumer protection — safety of children 25

92 / C 209 / 52 No 2887 / 91 by Mr Richard Simmonds to the Commission
Subject : Package travel Directive 26

92 / C 209 / 53 No 2921 / 91 by Mrs Carmen Díez de Rivera Icaza to the Commission
Subject : Energy-saving in the Berlaymont building 26

92 / C 209 / 54 No 2923 / 91 by Mr Rolf Linkohr to the Commission
Subject : Location of refuse dump on the island of Zakynthos ( Greece ) in the Ionian Sea — Use
of Medspa appropriations 27

92 / C 209 / 55 No 2941 / 91 by Mr Francois Musso to the Commission
Subject : IMPs for Italy 27

92 / C 209 / 56 No 2943 / 91 by Mr James Ford to the Commission
Subject : Bus deregulation in Britain 28

92 / C 209 / 57 No 2949 / 91 by Mr Arturo Escuder Croft to the Commission
Subject : Investment in the La Gomera IDO 29

92 / C 209 / 58 No 2951 / 91 by Mr Arturo Escuder Croft to the Commission
Subject : ERDF payments in 1990 and 1991 29

92 / C 209 / 59 No 2955 / 91 by Mr Sotiris Kostopoulos to the Commission
Subject : The need for protection of nightclub workers 30

Notice No Contents ( continued ) Page

92 / C 209 / 60 No 2983 / 91 by Mrs Karla Peijs to the Commission
Subject : Future relations with the United States in the steel sector 30

92 / C 209 / 61 No 3019 / 91 by Mrs Maartje van Putten to the Commission
Subject : EC micro-projects in Zimbabwe 31

92 / C 209 / 62 No 3027 / 91 by Mr John Cushnahan to the Commission
Subject : Control of gambling activity in the Community 32

92 / C 209 / 63 No 3074 / 91 by Mr James Fitzsimons to the Commission
Subject : Energy efficiency 32

92 / C 209 / 64 No 3075 / 91 by Mr Joaquim Miranda da Silva and Mr Sérgio Ribeiro to the
Commission

Subject : Alleged fraud in the use of European Social Fund resources in Portugal 33

92 / C 209 / 65 No 3081 / 91 by Mr Jesus Cabezón Alonso to the Commission
Subject : EEC-EFTA — cohesion and free movement of persons 33

92 / C 209 / 66 No 3090 / 91 by Sir Jack Stewart-Clark to the Commission
Subject : Environmental cases before the Court of Justice 34

92 / C 209 / 67 No 3091 / 91 by Mr Bartho Pronk to the Commission
Subject : Improving the Commission procedure for proposals pertaining to social matters 34

92 / C 209 / 68 No 3103 / 91 by Mrs Anita Pollack to the Commission
Subject : Air pollution and transport 34

92 / C 209 / 69 No 3119 / 91 by Mrs Mary Banotti to the Commission
Subject : Imports of crowned crane, Grus balearica regulorum 35

92 / C 209 / 70 No 3131 / 91 by Sir James Scott-Hopkins to the Commission
Subject : Citizens ' Charters 35

92 / C 209 / 71 No 3164 / 91 by Mr Friedrich Merz and Mr Karsten Hoppenstedt to the Commission
Subject : Incorporation into German law of Council Directives on the award of public works
contracts and public supply contracts and the Council Directive on the application of review
procedures to the award of public supply and public works contracts 36

92 / C 209 / 72 No 3166 / 91 by Mr Henry McCubbin to the Commission
Subject : Cheap importation of chicken products into the Community 36

92 / C 209 / 73 No 3196 / 91 by Mr Virgilio Pereira to the Commission
Subject : Surveys by European consumer organizations 37

92 / C 209 / 74 No 3202 / 91 by Mr Madron Seligman to the Commission
Subject : Spurious marketing techniques 38

92 / C 209 / 75 No 3219 / 91 by Mr Carlos Robles Piquer to the Commission
Subject : Strict respect for the ' acquis communautaire ' in future accession negotiations 38

92 / C 209 / 76 No 3227 / 91 by Mrs Christine Oddy to the Commission
Subject : French ' mission locales ' 39

( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 209 / 77 No 3230 / 91 by Mrs Christine Oddy to the Commission
Subject : Extreme right-wing organizations in Yugoslavia 39

92 / C 209 / 78 No 3245 / 91 by Mr Jose Lafuente Lopez to the Commission
Subject : Community aid for opening consumer offices 39

92 / C 209 / 79 No 3250 / 91 by Mr George Patterson to the Commission
Subject : EC Mark 40

92 / C 209 / 80 No 3252 / 91 by Mr Henry McCubbin to the Commission
Subject : Health and safety of air crews in regard to flight time limitations 40

92 / C 209 / 81 No 3263 / 91 by Mr Kenneth Collins to the Commission
Subject : Furniture fire safety 41

92 / C 209 / 82 No 3272 / 91 by Mr Yves Verwaerde to the Commission
Subject : Fight against drugs 41

92 / C 209 / 83 No 3274 / 91 by Mr Francesco Speroni to the Commission
Subject : Aviation : medical check-ups in Italy 42

92 / C 209 / 84 No 3281 / 91 by Mrs Cristiana Muscardini to the Commission
Subject : Road safety devices 42

92 / C 209 / 85 No 1 / 92 by Mr Leen van der Waal to the Commission
Subject : Excise duty exemption for diesel fuel used by inland waterway vessels 43

92 / C 209 / 86 No 9 / 92 by Mr Ernest Glinne to the Commission
Subject : The Yanomami Indians and the Equatorial forests 43

92 / C 209 / 87 No 12 / 92 by Mr Roberto Speciale to the Commission
Subject : 1992 ceiling for aid to shipyards 44

92 / C 209 / 88 No 14 / 92 by Mr Detlev Samland to the Commission
Subject : Proposal for a Council Regulation on the retroactive application as of 1 October 1990
of a weighting adjustment to remuneration and pensions of EC officials employed in the Federal
Republic of Germany 45

92 / C 209 / 89 No 33 / 92 by Mrs Carole Tongue to the Commission
Subject : Sewage sludge incineration 46

92 / C 209 / 90 No 34 / 92 by Mrs Carole Tongue to the Commission
Subject : Sewage sludge incineration 46

92 / C 209 / 91 No 50 / 92 by Mr Llewellyn Smith to the Commission
Subject : Quality instruments in the food industry 47

92 / C 209 / 92 No 53 / 92 by Mrs Anita Pollack to the Commission
Subject : The future of the IRIS network 48

92 / C 209 / 93 No 58 / 92 by Mr Jean-Pierre Raffarin to the Commission
Subject : Tax disc for vehicles above 1 6 horse-power 48

92 / C 209 / 94 No 59 / 92 by Mr Jean-Pierre Raffarin to the Commission
Subject : Market in porcelain products 49

( Continued on inside back cover )

Notice No Contents ( continued ) p age

92 / C 209 / 95 No 80 / 92 by Mr Madron Seligman to the Commission
Subject : Welfare of poultry 49

92 / C 209 / 96 No 82 / 92 by Mr Madron Seligman to the Commission
Subject : Promotion of energy efficiency and conservation 50

92 / C 209 / 97 No 87 / 92 by Mr Frederic Rosmini to the Commission
Subject : Role of regions in the construction of Europe 50

92 / C 209 / 98 No 120 / 92 by Mr Edward Newman to the Commission
Subject : Positive contribution of immigrants to the European economy 51

92 / C 209 / 99 No 1209 / 92 by Mr Joaquim Miranda da Silva to the Council
Subject : Effects of the internal market on customs workers 51

15 . 8.92 Official Journal of the European Communities No C 209 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 642 / 90

by Mr Floras Wijsenbeek ( LDR )
to the Commission of the European Communities

( 20 March 1990 )

( 92 / C 209 / 01 )

Subject : Creation of the BTT cooperative

Is the Commission aware that, since 1 January 1990, the
Bahntank Transport GmbH ( BTT ) Cooperative has been
set up by four transport undertakings in cooperation with
the German rail authorities ?

Is the Commission also aware that no guarantees have
been given that BTT will not be given more favourable
treatment than private undertakings and that, on the
contrary, the German rail authorities have gone as far to
inform private undertakings that kilometre rates for
transport by rail can be given only after consultation with
BTT ?

Will the Commission investigate this matter as soon as
possible to establish whether distortion of competition is
taking place ? What measures does it intend to take if this
proves to be the case ?

WRITTEN QUESTION No 1315 / 91

by Mr Floras Wijsenbeek ( LDR )
to the Commission of the European Communities

( 24 June 1991 )

( 92 / C 209 / 02 )

Subject : Rail transport cooperative

In Written Questions No 642 / 90 (*) and No 1764 / 90 ( 2 )
on the creation of the BTT cooperative in the Federal
Republic of Germany and Transeurochem in France, the
Commission was asked whether any distortion of
competition was taking place and, more particularly,
whether guarantees were being provided that the German

BTT and French Transeurochem undertakings were not

unfairly undercutting private competitors or infringing
the principles normally taken on trust by transport users .

The Commission 's answer of 11 April 1991 simply stated
that the creation of Transeurochem did not infringe the
provisions of the EC Treaty . Since this fact was never in
doubt this fails to answer the question of whether BTT
and Transeurochem are ' guilty ' of unfair competition .

Can the Commission answer this question ?

(') OJ No C 266, 22 . 10 . 1990, p . 39, ( see above ).
O OJ No C 70, 18 . 3 . 1991, p . 22 .

Joint supplementary answer to Written Questions

Nos 642 / 90 and 1315 / 91

given by Sir Leon Brittan
on behalf of the Commission

(8 April 1992 )

Further to its answers of 10 May 1990 and 30 September

1991 ( 1 ) the Commission would inform the Honourable
Member that Bahn-Tank Transport GmbH ( BTT ) is a
subsidiary of the German firm Transfracht, which is itself
a subsidiary of the Deutsche Bundesbahn .

From a legal viewpoint, therefore, all three firms belong
to the same group, within which responsibilities are
apportioned . Consequently, the agreements concluded
between them are not caught by Article 85 of the EEC
Treaty .

However, as with the group SNCF-Transeurochem
( Written Question No 1764 / 90 ( 2 )) the conduct of
BTT / DB on the market is still covered by Article 86 of the
EEC Treaty .

O OJ No C 323, 13 . 12 . 1991, p. 27 .
O OJ No C 70, 18.3 . 1991 and OJ No C 150, 10.6 . 1991 .

No C 209 / 2 Official Journal of the European Communities 15 . 8 . 92

WRITTEN QUESTION No 1712 / 90

by Mr Wilfried Telkämper ( V )
to the Commission of the European Communities

(5 July 1990 )

( 92 / C 209 / 03 )

Subject : Pollution of the Rhine by the Stracel Company

With reference to my question No 519 / 89 (') and the
Commission 's supplementary answer of 7 February 1990,
I should like an answer to the following questions . Under
Directive 76 / 464 / EEC ( 2 ) on the discharge of dangerous
substances, the Member States are obliged to take
appropriate measures to end or reduce water pollution .

1 . Have the French authorities given ' Cellulose de

Strasbourg ' ( Stracel ) the authorizations required
Under Articles 3 and 7 of the Directive to discharge
chlorinated hydrocarbons into the Rhine ? If so, when,
on what legal basis and on what conditions ( e.g. limit
values under Article 6(1 ) and time limits under
Article 6 ( 4 ) in conjunction with Article 3 ( 3 ) and
Article 7 ( 5 ))?

2 . Have the relevant French authorities drawn up a

programme or programmes on reducing water
pollution in the Rhine, as required under Article 7 ( 1 )?
If so, have the programmes and the results of their
implementation been communicated to the
Commission under Article 7 ( 6 )?

3 . Is the Commission prepared to make use, if necessary,
of its rights under Article 13 to be informed and to
make the information obtained available to the

European Parliament ?

4 . In its supplementary answer of 7 February 1990, the
Commission stated ( paragraph 4 ) that ' because of
problems of analysis, the identification of individual
compounds is incomplete at present and covers only a
small percentage of organic chlorine compounds
found in discharges '. Is it true that although a wide
range of priority substances, such as phenol, dioxin
and furan compounds is being discharged into the
Rhine, in addition to the discharges reported in 1987,
it is only because of ' problems of analysis ' that
information on this is not available from the Stracel

Company ?

O OJ No C 93, 11.4 . 1990, p . 16 .
O OJ No L 129, 18 . 5 . 1976, p . 23 .

Supplementary answer given by Mr Ripa di Meana

on behalf of the Commission

( 24 April 1992 )

Further to the answer it gave on 18 October 1990 ('), the
Commission is now able to issue the following
information :

1 . No . However, in reply to the Commission 's request

for information, the French authorities supplied the
following details :

Discharges from the Stracel factory are governed
by the Prefectorial Order of 12 October 1990
authorizing the company to set up and operate a
newsprint manufacturing plant and to modernize the
existing bleached chemical pulp unit . This order
replaced previous prefectorial orders, in particular as
regards discharge standards, the parameters to be
monitored and the frequency of measurement .

These orders were issued pursuant to the Law of 19
July 1976 on installations classified for environmental

protection purposes and the Decree of 21 September

1977 laying down the relevant rules of application .

2 . No, but France — a full member of the ICPRP as is
the EEC, represented by the Commission — has taken
part in the technical programmes aimed at reducing
the quantities of various effluents discharged into the
Rhine .

3 . In October 1988 the Commission asked the Member
States to supply the information referred to in
Article 13 of the Directive . This data is still being

analyzed and it is intended to draft a Commission
communication to the Council regarding the
application of the Directive .

4 . The Commission has no incontrovertible information
on the point raised by the Honourable Member .
However, tests carried out in 1990 by ' Triangle
Laboratory, NC ' on effluent from the factory and on
Stracel 's bleached pulp apparently show no trace of
the toxic compounds 2, 3, 7, 8 TCDD ( dioxin ) and 2,
3, 7, 8 TCDC ( furan ). Information recently published
in the scientific press appears to confirm that these
compounds are not formed in bleaching processes
where chlorine as an element is not used .

o OJ No C 49, 25 . 2 . 1991, p. 26 .

WRITTEN QUESTION No 636 / 91

by Mr Enrico Falqui ( V )
to the Commission of the European Communities

( 16 April 1991 )

( 92 / C 209 / 04 )

Subject : Large-scale release in Belgium of genetically

engineered live viral rabies vaccine

Was the Commission informed about the field trials
carried out by Professor Pastoret in Belgium in
October-November, 1989, and again in the summer of

1990, which involved the large-scale release into the
environment of baits containing live genetically
manipulated viruses aimed at vaccinating foxes in the wild
against rabies ? If so, can the Commission provide the
following information ?

( a ) What approval procedure was followed ? Did it

include an assessment of the environmental and
public

15 . 8.92 Official Journal of the European Communities No C 209 / 3

health risks of each of the two phases of the project
and a procedure for informing the public ?

( b ) Would such environmental and public health risk

assessment, if it was carried out, have satisfied the
requirements of the Council Directive 90 / 220 / EEC
on deliberate release into the environment of
genetically modified organisms ( ! )?

Is the Commission aware of any subsequent phases of the
abovementioned Pastoret experiment involving
large-scale release into the environment of genetically
engineered live viral vaccines against rabies ? If so :

1 . When and where are they to take place ?

2 . What is to be the area of dissemination ?

3 . How many baits are to be released ?

4 . What is the method of dissemination ?

5 . What kind of post-release monitoring will be
conducted ?

6 . What kind of environmental and public health risk

assessment is being conducted, and how is the public
being informed ?

7 . Would the environmental and public health risk

assessment satisfy the requirements of the GMO
release Directive 90 / 220 / EEC ?

8 . What is the nature, if any, of the Commission 's

involvement in this project ?

o OJNoL 117, 8 . 5 . 1990, p. 15 .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 25 March 1992 )

Directive 90 / 220 / EEC on the deliberate release into the
environment of genetically modified organisms only came
into force on 23 October 1991 . Before that date, releases
could take place in Member States according to the
existing national regulations, and the Member State
authorities were under no obligation to inform the
Commission of such releases, as is now the case . The
Commission has therefore not received notification of the
field trials in 1989 and 1990 of the genetically engineered
live viral rabies vaccine, under Directive 90 / 220 / EEC .

However, the Commission was informed of these releases
under Council Decision 89 / 455 / EEC of 24 July 1989 on
introducing Community measures to set up pilot projects
for the control of rabies with a view to its eradication and

prevention .

This work of Professor Pastoret was supported by a grant

of the Commission of the European Communities
( BAP 368 ) and the Ministry of the Region Wallone for

the Environment . When Professor Pastoret presented a
proposal under BAP ( on ' Assessment of environmental
impact from the use of live recombinant virus vaccines '),
he signed an undertaking to adhere to national laws or
regulations . Professor Pastoret followed the existing
national procedure for authorization in Belgium, which
involves the National Council of Hygiene of the Ministry
of Public Health, the General Inspection of Environment
and Forestry, and the Veterinary Inspection for
collaboration of campaigns and controls . The
Commission has not been informed by the authorities of
the details of the approval procedure followed, and has
not received the information requested by the Honorable
Member on the environmental and public health risk
assessment carried out .

As concerns future research, Professor Pastoret has
presented in the framework of Bridge ( 1990-1993 ) a
proposal entitled ' Assessment of environmental impact
from the use of live recombinant virus vaccines '. The role
of his team in the Virology — Immunology Department
of the Faculty of Veterinary Medicine of the University of
Liege will be the assessment of safety from the release of
recombinant vaccinia virus .

The Commission has been informed under Council

Decision 89 / 455 / EEC of the intention to release
genetically modified rabies virus for fox vaccination in the
spring and autumn of 1992, south of the rivers Sambre
and Meuse over an area of 10 000 km 2 . It is planned that
300 000 baits will be distributed by aerial drops, and
Community financial aid has been requested under
Council Decision 89 / 455 / EEC .

The Commission has not yet been notified by the Belgian

authorities of the proposed release of the genetically
modified vaccine under Directive 90 / 220 / EEC .

WRITTEN QUESTION No 647 / 91

by Mr Sotiris Kostopoulos ( S )
to the Commission of the European Communities

( 16 April 1991 )

( 92 / C 209 / 05 )

Subject : Measures to protect cities and public land from

development projects

Protection of the environment and the natural assets of
each Member State ( forests, parks etc .) is covered by EC
legislation and, notably a number of special EC
Directives .

Greece is renowned for its natural environment and
natural assets, although the vast forest fires since 1974
and the environmental problems in certain cities have
caused considerable damage .

No C 209 / 4 Official Journal of the European Communities 15 . 8.92

Like other EC capitals, Athens faces serious
environmental problems which should be dealt with at
European level by adopting a uniform European urban
renewal policy .

These environmental problems are becoming more acute
because some governments will implement whatever
policies promise a solution to urgent fiscal problems, even
if this means jeopardizing the natural assets of the

country .

In order to solve urgent problems ( mainly fiscal ), the
Greek Government is selling property bonds ( concerning
the former base, Nea Makris, Ellinikou, Poros, Elaionas,
etc .) for the development of large areas — mainly around
Athens with its intractable environmental problems —

although these could be used differently and contribute to
an increase in the green area and an improvement in
environmental conditions .

It should be noted that local government authorities
representing the inhabitants of these areas are opposed to
these projects which will entail a further decline in the
quality of life in the cities .

Does the Commission intend :

1 . To take immediate measures to protect the natural

environment, especially in the immediate vicinity of
run-down city areas ?

2 . To give special economic assistance to help implement

a series of infrastructure projects to enhance these
areas ?

3 . To oblige the governments of the EC Member States

of refrain from authorizing the development of public
land which could be used to protect and enhance the
environment ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

(4 May 1992 )

The Community has a number of Directives concerning
protection of the natural environment . In particular, the
Directive 79 / 409 / EEC (') on the conservation of wild
birds and the Directive on the conservation of natural
habitat and of wild fauna and flora approved by the
Council on 12 December 1991 which directly foresees
sites protection . Whilst those two pieces of legislation are
intended to cover areas of special importance for wildlife,
they do not cover general areas of local amenity
importance . The provision of open space and green areas
around cities is clearly the responsibility of local
authorities and national governments and not a subject
where the Community would expect to get involved in
detailed arguments about the merits of particular areas .

The main source of financial assistance for infrastructure

and other development are the Community structural

funds, particularly the regional fund . In so far as the
development of infrastructure in natural areas may be
serving economically important tourism development, it
may potentially be assisted by these funds .

Unless a particular area of land is covered by one of the
two Directives mentioned above, the Commission has no
power to oblige a Member State to refrain from its
development . For certain forms of development, as
covered by Directive 85 / 337 / EEC ( 2 ), the Commission
can, however, oblige the Member State to ensure that an
Environmental Impact Assessment is carried out to ensure
adequate consideration of potential impacts on the
environment .

(') OJNoL 103, 25 . 4 . 1979 .
O OJNoL 175,5 . 7 . 1985 .

WRITTEN QUESTION No 850 / 91

by Mr Mihail Papayannakis ( GUE )
to the Commission of the European Communities

(3 May 1991 )

( 92 / C 209 / 06 )

Subject : Infringement of Greek and Community
provisions on hunting

Scores of inhabitants of the Agios Andrea Korakochorio
area ( Pirgos Elis ) have vigorously protested in a petition
to the European Parliament against the continual
breaches of Greek and Community laws on hunting, and
more specific bylaws . It would appear from other reports
that inhabitants and hunters have come to blows while the
authorities do nothing, and may even be open to
suspicions of tolerance or complicity . For example, at
critical periods when hunting is banned, wardens have
also been prevented from going out in the afternoons,
with the result that hunters who have flocked to the area
from many parts of the country have been left
undisturbed .

Does the Commission intend to remind the Greek
autorities of their obligations in respect of the supervision
of hunting and the enforcement of bans enacted by them ?
Will it also convey that reminder to the Greek Deputy

Prime Minister and Minister of Justice, who is a native of
Elis, and would certainly be more receptive on this matter .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 10 April 1992 )

According to the information supplied by the Greek
authorities ( Ministry of Agriculture ), Greek legislation

15.8.92 Official Journal of the European Communities No C 209 / 5

does not authorize hunting in the Korakochorio area
( Pirgos Elis ), but there are problems regarding
surveillance and monitoring of its application . The
Ministry of Agriculture has decided to cooperate with the
police at local level, in order together to enforce the
Greek legislation and Directive 79 / 409 / EEC (').

In addition, the Commission has taken infringement
proceedings against Greece for failure to implement
properly the provisions of Directive 79 / 409 / EEC, in
particular those relating to hunting .

O OJ No L 103, 25 . 4 . 1979 .

WRITTEN QUESTION No 908 / 91
by Mr Paul Lannoye and Mrs Hiltrud Breyer ( V )
to the Commission of the European Communities

( 17 May 1991 )

( 92 / C 209 / 07 )

Subject : Implementation of the two Council Directives on

genetically modified organisms

We are now more than halfway through the
implementation period for Council Directive
90 / 220 / EEC (') of 23 April 1990 on the deliberate release
into the environment of genetically modified organisms
and Council Directive 90 / 219 / EEC ( 2 ) of 23 April 1990
on the contained use of genetically modified
micro-organisms .

Could the Commission explain what steps have been
taken thus far and are planned to ensure the proper
implementation of these two Directives ? Could the
Commission also explain what is the situation in the
various Member States regarding progress toward the
deadline of 31 October 1991 for the full implementation
of these two Directives ?

O OJ No LI 17, 8.5 . 1990, p. 15 .
O OJ No LI 17, 8 . 5 . 1990, p. 1 .

Answer given by Mr Ripa di Meana

on behalf of the Commission

{ 20 March 1992 )

The Commission, in its commitment to ensure the timely

and harmonized implementation of the two Directives on
the use and release of GMOs, has undertaken a series of
activities to this end, and has followed the implementation
in Member States very closely .

From the moment of adoption of these Directives on 23
April 1990, and until the entry into force on 23 October

1991, a group of national experts on the environmental
aspects of the use of genetically modified organisms was
established in order to deal with the preparatory work for
the implementation of the Directives, and met 8 times .

Since the entry into force, the first meeting of the
Committee of appointed Competent Authorities for each
of the two Directives has met . In addition, there have been
four meetings of the formal Committees of Member
States representatives foreseen under Article 2 1 of the two
Directives in order to take certain decision related to

implementation .

At a less formal level, the objective of all these meetings
has been to facilitate implementation, to exchange
experience, to discuss points of legal and technical
interpretation of the Directives and produce guidance .
The objective of the formal Committee meetings have
been to prepare Commission Decisions on the guidance
for classification ( Article 4 of Directive 90 / 219 / EEC ), the
list of legislation in Article 10 of Directive 90 / 220 / EEC,
the Summary Notification Information Format for R&D
( Article 9, Directive 90 / 220 / EEC ) and the Summary
Notification Information Format ( Article 12, Directive
90 / 220 / EEC ). All these decisions have been adopted, in
addition to a number of less formal documents giving
guidance and assisting the interpretation of the
Directives .

Considerable progress towards implementation has been
made in the Member States . Competent Authorities for
both Directives have been appointed in all the Member
States except for Ireland, Greece and Luxembourg .
Specific legislation to transpose the Directives has already
been adopted in four Member States, is at an advanced
stage of the decision-making process in four other
Member States, and at the final stages of preparation in
yet another four Member States . While recognizing the
efforts made by Member States, the Commission is
nonetheless starting the procedures for
non-implementation against those Member States which
have not yet adopted legislation and is examining the
legislation already adopted for compliance with the
Directives . Finally, the system foreseen under Directive
90 / 220 / EEC for examining notifications has come into
operation, and the Commission has already received five
notifications submitted under Part B of the Directive
since the date of entry into force .

WRITTEN QUESTION No 927 / 91

by Mr Gianfranco Amendola ( V )
to the Commission of the European Communities

( 15 May 1991 )

( 92 / C 209 / 08 )

Subject : Building of the Desenzano — Sirmione —
Peschiera bypass : failure to enforce Directive
85 / 337 / EEC of 27 June 1985 on environmental
impact assessment

Under Directive 85 / 337 / EEC (') of 27 June 1985 on
environmental impact assessment, plans to build
motorways and expressways are subject to mandatory

assessment .

On 3 August 1990 the Lombary regional authorities in
Italy approved the operational plan to build the improved

No C 209 / 6 Official Journal of the European Communities 15 . 8 . 92

route bypassing the Desenzano — Sirmione — Peschiera
stretch of the main SS 1 1 road, even though, contrary to
Community rules, no environmental impact assessment
had been conducted .

The project will have a significant environmental impact,

since the road concerned will run in the immediate vicinity
of numerous population centres ( rural dwellings, farms
whose wine is much prized ) and through the heart of the

Morenica hill country, leading to serious consequences
for regional planning, economic activities and mobility,
the quality of life for residents and European tourists, and
more besides .

At meetings with the parties concerned, the Italian

Minister for the Environment has expressed perplexity
and doubts about the soundness of the project .

Does the Commission not therefore believe that it should
institute infringement proceedings pursuant to Article 169
of the Treaty ?

o OJ No L 175, 5 . 7 . 1985, p. 40 .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 15 May 1992 )

The Commission wrote to the Italian authorities on 26

September 1991 .

They have not yet replied .

The project in question is a variation of a project and, as
such, might not have to be made subject to an
environmental impact assessment within the meaning of
Directive 85 / 337 / EEC .

WRITTEN QUESTION No 1662 / 91

by Mr Georgios Romeos ( S )
to the Commission of the European Communities

(6 August 1991 )

( 92 / C 209 / 09 )

Subject : Pension schemes in Greece

Announcements of pension cuts, an increase in the
retirement age and larger pension contributions have
caused considerable concern in Greece .

The Greek Government maintains that such measures

have been imposed by the European Community .

Given the lack of clear and reliable information, can the
Commission say whether it in fact requested the Greek
Government to modify its pension schemes ? What were
its precise instructions ? Do they relate to compliance with
Community Directives or do they form part of the
package of measures connected with the loan of Ecu
2,2 billion ?

Answer given by Mr Miss Papandreou

on behalf of the Commission

( 25 March 1992 )

The Community 's powers in the field of social protection

are still fairly limited . The only binding legal instruments
are the Directives relating to equal treatment for men and
women ( Directives 79 / 7 / EEC (') and 86 / 378 / EEC ( J ))

and the Regulations relating to social security for migrant
workers ( Regulations 1408 / 71 and 574 / 72 ) and the
various amendments thereto .

The Directives relate only to equal treatment in the

context of national systems and the Regulations serve
only to establish a coordination mechanism making it
possible to total all the periods of insurance taken into
consideration under the laws of the different Member
States and to pay social security benefits to persons
residing on the territory of the Member States .

The Member States are therefore still free to determine

their own policy on social protection .

As regards the ECU 2,2 billion loan granted to Greece by
virtue of Council Decision 91 / 136 / EEC ( 3 ), the following
provisions apply :

— the loan was granted on the basis of the decision taken

by Greece to implement an economic programme of
adjustment and reform ( Article 3 of the Greek
decision );

— the objectives of the programme set out in the recitals

of the Council Decision include an undertaking by the
Greek Government to provide, in consultation with
the Commission, by June 1991, a timetable for
legislative action over the adjustment period
( point 14 ); planned reforms include the reform of the
social security system .

O OJN0L6, 10 . 1 . 1979 .
O OJ No L 225, 12 . 8 . 1986 .
( 3 ) OJ No L 66, 13.3 . 1981 .

WRITTEN QUESTION No 1844 / 91

by Mr Paul Staes ( V )
to the Commission of the European Communities

( 1 September 1 991 )

( 92 / C 209 / 10 )

Subject : Tropical rain forests of Sarawak

Is the Commission not in clear contradiction with the
aims of the 1 1 1 O Convention by insisting on free trade
within the framework of the GATT negotiations against

15 . 8 . 92 Official Journal of the European Communities No C 209 / 7

the outspoken interests of countries like Malaysia and
Indonesia who want to restrict their exports of
non-processed timber ?

Considering the severe situation, especially in Sarawak, is
it willing, within the GATT negotiations, to call for the
inclusion of clauses providing for :

1 . restrictions on imports and exports of
environmentally hazardous products, and

2 . national subsidies for environmental protection
measures and restoration of the ecosystem ?

Answer given by Mr Andriessen

on behalf of the Commission

( 20 May 1992 )

1 . As noted in the answer to Written Question
No 259 / 91 by Mrs Ernst de la Graete and others (') the
Commission does not consider that there is a
contradiction between the approaches followed by the
Community in the framework of the ITTO and the
GATT . The Commission also wishes to underline its full
support for the ITTO objective of ensuring that by the
year 2000 at the latest, only products of substainably

managed forests will be allowed for international trade .
As regards export restrictions by Malaysia and Indonesia

on non-processed timber, the Commission has serious
doubts about whether such measures, as currently
applied, fulfil a legitimate environmental objective .

2 . The Commission is of the view that the relationships
between trade and environmental policies is a matter
which should be urgently tackled by the international
Community . While certain aspects of this relationship
have been examined in the Uruguay Round, a more
comprehensive approach is clearly needed . It is for this
reason that the Community has given its full support to
the decision to reconvene the GATT Working Group on
environmental measures and international trade . As
regards the more specific issues concerning the GATT
raised by the Honourable Member, the following
comments are called for :

( a ) Export restrictions relating to the conservation of

exhaustible natural resources are justified under
GATT rules, provided that such measures are
made effective in conjunction with restrictions on
domestic production or consumption . Although not
specifically related to the issue of tropical timber, it is
worth mentioning that a GATT Working Group has
prepared a draft of a Decision on products banned or
severely restricted in the domestic market . The draft
decision establishes, inter alia, that a country
adopting measures to ban or severely restrict a
product in its domestic market should examine
whether to apply equivalent measures on exports .
The Community and most GATT members fully
support the adoption of this Decision, which has

not yet come into force due to the fact that the
United States still maintains a number of reserves .

( b ) Non-discriminatory import restrictions necessary

for the enforcement of domestic conservation
requirements are fully compatible with GATT rules .
On the other hand, unilateral import restrictions of a
extrajurisdictional nature would not be compatible
with GATT rules . The Commission is of the view
that global environmental issues, such as
deforestation, are more effectively and equitable
tackled through multilateral cooperation rather than
through the adoption of unilateral trade restrictions .
The Commission also considers that trade measures

adopted on the basis of multilateral environment
conventions are not incompatible with the GATT . In
order to avoid any potential risk of a GATT
challenge against such trade restrictions, the
Commission indeed favours action in the GATT to
define in precise terms the legal interface between the
GATT and the trade provisions of multilateral
environment conventions .

( c ) Domestic subsidies are not contrary to GATT rules .
Under certain conditions, however, a country whose
interests are seriously affected by the granting of
such subsidies may apply countervailing measures or
seek remedial action in the GATT . In the context of
the Uruguay Round negotations on subsidies, the
Community has pressed for the inclusion of certain
types of transitional environment subsidies under a
' Green Category ' which would be exempt from
remedial action . It should be noted, however, that
some countries, notably the US, are opposed to this
proposal .

(') OJ No C 199, 29 . 7 . 1991 .

WRITTEN QUESTION No 1957 / 91

by Mr Alonso Puerta ( GUE )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 209 / 11 )

Subject : Pollution of the Montes River, Langreo /
Asturias ( Spain )

Much industrial and urban waste water is being
discharged into rivers in the region of Asturias, which are
suffering increasing damage and pollution .

Waste from the Escaut Energie company is currently
causing serious pollution in the Montes River .

Can the Commission make representations to the Spanish
authorities to ensure that :

( a ) no more pollutant waste is allowed into the Montes
river ;

No C 209 / 8 Official Journal of the European Communities 15.8.92

( b ) the Escaut Energie company complies with
Community environmental protection legislation, in
particular the directives laying down criteria for the
quality of water in rivers ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 15 May 1992 )

The Commission has learned from the information
provided by the Honourable Member of the discharges of
the enterprise Escaut Energie into the Montes River .

According to the provisions of Directive 7 6 / 464 / EEC on
the pollution caused by certain dangerous substances
discharged into the aquatic environment ('), discharges
into the waters which are liable to contain any substance
included in the List I of that Directive, shall require prior
authorization by the competent authority of the Member
State concerned ; the authorization shall lay down
emission standards, and can only be granted for a limited
period of time .

The Commission does not possess any information of the

authorization to Escaut Energie to discharge any
dangerous substance into the Montes River, and
therefore will further inquire into this matter to assure
that the obligations of Directive 76 / 464 / EEC have been
met by the Spanish authorities .

O OJNoLl29, 18.5 . 1976 .

WRITTEN QUESTION No 1962 / 91

by Mrs Ray monde Dury ( S )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 209 / 12 )

Subject : Special city fuel

Has the Commission heard of a new type of petrol
developed by a Finnish company, making it possible to
achieve a substantial reduction in the toxicity of car
exhaust gas ? The product is known as ' city gasoline ' and
apparently discharges less carbon monoxide and benzene
and fewer hydrocarbons .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 29 April 1992 )

The Commission is aware of the Finnish type of petrol

called ' city gasoline '.

The ' city gasoline ' has a relatively high MTBE content ( 11
vol % ), a somewhat lower vapour pressure and slightly

lower sulphur and benzene contents compared to
conventional petrols .

The ' city gasoline ' seems to ensure a reduction of
emissions of unburned hydrocarbons and of CO in cars
without catalytic converters .

At the moment this type of petrol is only available in

Finland .

The environmental effects of this and other types of
petrol has not yet been fully examined and assessed .

WRITTEN QUESTION No 1973 / 91

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 209 / 13 )

Subject : American maize and sorghum imported by Spain

The extension by one year of the EEC-United States
agreement of 1987 which obliges Spain to import
2 million tonnes of maize and 300 000 tonnes of sorghum
from America is causing problems for European farmers .

They are subject to strict budgetary discipline with regard
to curbing production ( price freeze, increase in the
co-responsibility levy, set-aside ), and the loss of an
annual outlet of 2,3 million tonnes will have a
destabilizing effect on the Community cereals market .

However, the main worry of European farmers is that this
agreement might be extended indefinitely at the request
of the USA .

In the light of the problems which this would cause, does
the Commission intend to oppose indefinite extension of
the agreement ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(5 May 1992 )

The agreement requiring Spain to import two million
tonnes of maize and 0,3 million tonnes of sorghum each
year was concluded between the European Community

and the United States on the basis of Article XXIV:6 of
the General Agreement on Tariffs and Trade ( GATT ).
Since negotations are underway in the context of the
Uruguay Round, the Council has decided to extend the
period of application of the agreement to 1992
automatically .

15 . 8.92 Official Journal of the European Communities No C 209 / 9

The different cereals are not fully interchangeable .

Demand for maize is based on the characteristics
imparted to the meat of animals fattened on it . This
explains the different prices to be found on the market for
each cereal .

It also explains why Spain produces about one million
tonnes of barley surplus to requirements each year, since
barley has never been able to fully displace or substitute
demand for maize in that Member State .

In addition, Spain 's accession has provided a small but
real outlet for French maize production, because trade,
which was non-existent before accession, now amounts to
about 350 000 tonnes per year on average .

As to the future, the Commission does not intend to
extend the agreement indefinitely . On the contrary, it
expects to find a definitive solution during the Uruguay
Round negotiations on agriculture, particularly in the
context of undertakings on current access to the market .

WRITTEN QUESTION No 2053 / 91

by Mr Ian White ( S )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 209 / 14 )

Subject : Lomé Convention

Are there any moves to extend the benefits of the Lomé

Convention to all other least-developed countries ? If not,
why not ?

Answer given by Mr Marin
on behalf of the Commission

( 18 March 1992 )

No, there are no moves to extend the benefits of the Lomé
Convention to other least developed countries .

To enjoy all the benefits of the Lomé Convention, a
country must apply to join the Convention, accepting also
the obligations therein . Further, ACP members of the
Convention have no plans to vary the Georgetown
agreement, which impose a geographic limit on
membership .

Relations with non-ACP least developed countries in
respect of development cooperation are governed by
bilateral or collective agreements, which contain where
appropriate elements similar to the trade and aid
provisions of Lomé .

WRITTEN QUESTION No 2097 / 91

by Mr Peter Crampton ( S )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 209 / 15 )

Subject : Drilling for oil off Flamborough Head

The Flamborough Head and Bempton coastline of

Humberside contains internationally important breeding
grounds for seabirds . Consent has recently been given to
allow drilling for oil offshore very close to the breeding
grounds . A condition of the consent is that no drilling
occurs within one kilometre of the nesting sites and no
drilling occurs between April and October . The Royal
Society for the Protection of Birds states that the distance
limit is not sufficient and that the birds affected are not at
the cliffs during the banned months anyway, thus
rendering it a meaningless condition . What is the
Commission 's opinion of these conditions ? Are there any
EC regulations regarding drilling close to such important
wildlife sites ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 14 May 1992 )

Where a project for deep drilling for oil is likely in the
opinion of the Member States to have significant effects
on the environment, in this case birdlife, then the
provisions in Articles 2 ( 1 ), 4(2 ) and Annex II of
Directive 85 / 337 / EEC (') would apply and the
Commission would expect there to have been an
environmental impact assessment made of the project .
This would then identify inter alia appropriate measures
of mitigation to protect the birdlife from disturbance
during the breeding season .

O OJ No L 175, 5 . 7 . 1985 .

WRITTEN QUESTION No 2137 / 91

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 209 / 16 )

Subject : The breeding of bison

French bison breeders are confronted with problems of
classification, since the Ministry of the Environment
regards bison as wild animals, the Ministry of Agriculture
as breeding game and the customs authorities as bovine
animals .

Bison therefore suffer all the disadvantages of these
classifications but none of the advantages .

No C 209 / 10 Official Journal of the European Communities 15 . 8 . 92

In order to clarify this situation could the Commission
take steps to have bison breeding recognized under the
common agricultural policy and establish specific
arrangements for this sector ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(6 May 1992 )

As meat of a bovine animal, bison meat benefits under the
beef / veal market organization from protection at the
frontier ( levy on imports ) and the common prices regime .
It is in fact recognized as bovine meat for the purposes of
both the Common Customs Tariff and veterinary
legislation ( Council Directive 91 / 497 / EEC of 29 July

1991 (')). Moreover, although not itself eligible for public
intervention or private storage aid it benefits indirectly, as
meat equivalent to beef, from the price support afforded
by the intervention mechanisms .

Bison as live animals do not however qualify for
premiums, since the market organization restricts these to
live animals of domestic bovine species ( Article 1 of
Regulation ( EEC ) No 805 / 68 ( 2 )). Moreover bisons, like
other animals of subheading 0102 90 90, are not subject
to the levy ( Article 9 of the same Regulation ).

Given the present market situation the Commission does
not consider it opportune to extend full CAP support to
this subheading and establish specific arrangements for it .

o OJ No L 268, 24 . 9 . 1991 .
O OJ No L 148, 28 . 6 . 1968 .

Answer given by Mr Matutes

on behalf of the Commission

(6 April 1 992 )

The Commission has not received only complaints

concerning the practices described by the Honourable
Member .

The Community maintains diplomatic relations with the
government of the Republic of Cyprus only, and
consequently only those imports from the island that are
accompanied by certificates giving the Republic of Cyprus
as their place of origin are admitted to the Community .

WRITTEN QUESTION No 2147 / 91

by Mr Ernest Glinne ( S )
to the Commission of the European Communities

( 26 September 1991 )

( 92 / C 209 / 18 )

Subject : Corruption in the Dominican Republic

Following the sentencing of Jorge Blanco, a former
President of the Dominican Republic, to 20 years
imprisonment for corruption, it appears that under
various governments there has been blatant
misappropriation of national budget resources and
development aid, not only by head of state but also by the
central bank and ' at every level of the civil service ' (' Le
Monde ', 11 / 12 August 1991 ) and corruption has involved
drug trafficking on a grand scale, even at regional level .

What is the Commission 's attitude towards the utilization

WRITTEN QUESTION No 2140 / 91 of European aid, in particular following the accession of
the Dominican Republic to Lomé IV ?

by Mr Panayotis Roumeliotis ( S )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 209 / 17 ) Answer given by Mr Marin
on behalf of the Commission

Subject : Illegal exports by Turkish Cypriots to the

European Community

According to press reports Turkish Cypriots have
exported products from the occupied territory of Cyprus
to the European Community by using forged Republic of
Cyprus stamps on official EUR 1 forms . Cypriot
producers claim that these products ( mostly agricultural )
are of doubtful quality and are exported at dumping
prices . They also make inroads in the quotas applicable to
Cyprus under the Cyprus-EEC customs union .

Will the Commission say whether it is aware of these
charges and, if so, what measures it intends to take to deal
with this situation ?

( 10 June 1992 )

Since acceding to the fourth Lomé Convention, the
Dominican Republic, which signed its related National
Indicative Programme on 6 December 1991, has not
received any financial aid under the Convention . The
Commission will take care, as it does everywhere else, that
aid to the Dominican Republic under the fourth Lomé
Convention is administered in accordance with the rules

laid down in the Convention and will rquire every
assurance that aid actually reaches the intended
recipients .

15 . 8.92 Official Journal of the European Communities No C 209 / 11

WRITTEN QUESTION No 2150 / 91

by Mr Ernest Glinne ( S )
to the Commission of the European Communities

(4 October 1991 )

( 92 / C 209 / 19 )

Subject : The need for international supervision of banks

The international banking community and the general
public have been shocked by the scandal of the Herstatt
bank in 1974, Banco Ambrosiano in the early 1980s, the
German deposit banks in summer 1991 and in particular
the spectacular collapse of the Bank of Credit and
Commerce International ( BCCI ) in recent months in
Luxembourg, London, Paris and many other places where
this unscrupulous organization has branches .

The question throughout has been whether the extent and

nature of supervisory practices in the host countries and,
more importantly, in the countries where the banks are
registered are adequate, particularly in the light of the
international activities which certain banks are engaged
in . Supervision is a waste of time if it is not concerned with
every aspect of a bank 's operations, or if access to
information on such activities is restricted .

There is clearly a need for a system of international
supervision, as has been acknowledged by Mr E. G.
Corrigan, President of the Federal Reserve Bank ( New
York ) and President since July 1991 of the Basel
Committee on Banking Regulations and Supervisory
Practices .

Is an independent watchdog needed, or is it enough to
extend the code of conduct and professional ethics
adopted by the banks of the Group of Ten in 1988 ( and
subsequently by others ) as a guarantee that certain of
their activities are beyond reproach ? The BCCI affair
clearly shows that the criteria used post-Ambrosiano are
inadequate, given the inability of the authorities in
Luxembourg or the Cayman Islands, for example, even to
establish the scale of the operations .

What are the views of the Commission on this major
problem which undermines and perverts any sense of
responsibility and international democracy ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 18 March 1992 )

The Commission is fully aware of the problems caused by
the banking scandals to which the Honourable Member
refers . It would point out that the first few scandals
coincided with the Commission 's initial proposals to the
Council regarding the harmonization of banking
legislation, which culminated in the first coordinating
Directive 77 / 780 / EEC (') and in the first Directive

83 / 350 / EEC ( 2 ) concerning banking supervision on a
consolidated basis .

It would also point out that the second coordinating
Directive 89 / 646 / EEC ( J ) adopted in December 1989,
takes broadly into account the observations made by the
Honourable Member and introduces centralized banking
supervision in the hands of the competent authority in the
country in which a bank 's head office is situated . This
Directive, which will enter into force on 1 January 1993,
will strengthen cooperation between supervisory
authorities and should, therefore, prevent scandals such
as the BCCI affair .

The Commission can but agree with Mr Corrigan,

President of the Basle Committee ( at whose meetings the
Commission is represented ), regarding the merits of
international cooperation in banking supervision .

It remains in close contact with the Committee and with
other Community and international bodies with a view to
fostering such cooperation .

One of the instruments that could play a key role in this
respect is the Directive which the Commission proposed
to the Council on 22 November 1990 ( 4 ) and which
represents an in-depth re-examination of the
aforementioned Directive on consolidated supervision by
extending its scope to financial holding companies,
widening the consolidation net, stepping up cooperation
between the supervisory authorities responsible for
different financial institutions, defining more precisely
the consolidation techniques to be applied and providing
for the negotiation of international agreements on
extending its application beyond the frontiers of the
Community .

Lastly, the Commission would like to assure the
Honourable Member that if it transpired from the
investigation of the BCCI affair that the existing measures
at Community level needed to be strengthened, it would
have no hesitation in presenting appropriate proposals .

o OJ No L 322, 17 . 12 . 1977 .
O OJ No L 193, 18 . 7 . 1983 .
O OJ No L 386, 30 . 12 . 1989 .
O COM(9Q ) 451 final .

WRITTEN QUESTION No 2190 / 91

by Mr Herman Verbeek ( V )
to the Commission of the European Communities

( 4 October 1 991 )

( 92 / C 209 / 20 )

Subject : Quality of cattle fodder

According to a study carried out by the consumers union
in the Netherlands, manufacturers of cattle fodder very
regularly ( in 58 out of 76 cases examined ) infringe the
Community Directive on the composition of cattle

No C 209 / 12 Official Journal of the European Communities 15 . 8 . 92

fodder . In particular, the amounts of vitamin A, copper
and harmful medicines are said to exceed the permitted
norms . The consumers union study confirms previous
findings made by the Nature and Environment
Foundation and the Central Veterinary Institute .

1 . Can the Commission confirm or refute these results
on the basis of its own quality studies ?

2 . Does the Commission have data on the quality of

cattle fodder in other Member States and will it make

this information available to me ?

3 . Will the Commission come forward with proposals to

clarify and tighten up the rules on the composition of
cattle fodder ( as urged by the Netherlands )? If so,
when will the Commission present these proposals ?

4 . What measures will the Commission take or urge the

Member States to take to improve quality inspection
and impose heavier penalties on infringements ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 18 May 1991 )

1 . The Commission has neither the legal nor the
technical means to check the quality of feedingstuffs in
the Member States .

The Commission has read with great interest the article
published by the Nederlandse Consumentenbond in the
September 1991 issue of Consumentengids, but does not
have the means of evaluation required to refute or
confirm the conclusions .

2 . No, the Commission has only very sketchy
information on the quality of feedingstuffs produced in
Member States other than the Netherlands . In all cases,
the information is not of a kind to allow a judgment to be
made on the way in which Community rules are observed .

Under existing legislation, checks to see that rules and
regulations on feedingstuffs are being observed is a
formal duty of the Member States .

3 . The Commission is required to adapt constantly
Community legislation on feedingstuffs as scientific and
technical knowledge progresses . The Council is currently
examining a proposal presented by the Commission in
October 1991 which effectively aims to strengthen the
checking arrangements on undesirable substances and
products in feedingstuffs . The Commission has begun a
study to ascertain if there are grounds for laying down
stricter rules as regards certain contaminants of the raw
materials used in the production of feedingstuffs .

4 . The Commission is working on a proposal for a
Regulation which it intends to present in 1992 with a view
to harmonizing and supervising checks on feedingstuffs
within the Community : its intention is to allow checks to
be directed, as needs dictate, through the introduction of

a monitoring plan . At the same time, the Commission
intends to examine the question of the sanctions to be
applied in cases of non-compliance .

WRITTEN QUESTION No 2370 / 91

by Mr Herman Verbeek ( V )
to the Commission of the European Communities

( 22 October 1991 )

( 92 / C 209 / 21 )

Subject : BST

1 . Which countries have now, like the Soviet Union
and Czechoslovakia, authorized the use of BST to
increase milk production ?

2 . Does the EC import dairy products, meat, live
animals, sperm or embryos from countries where BST has
been authorized, and if so, which countries ?

3 . If so, can the Commission say whether these
products are BST-free and how this is verified ?

4 . Does it know whether Monsanto has built a plant in
Austria to manufacture BST and whether this plant is
currently operating ?

5 . What impact will the accession of Austria to the EC
have for this plant if BST is still not authorized in the
Community ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 11 May 1992 )

1 . To the knowledge of the Commission, products
based on bovine somatotrophin ( BST ) have been
authorized for use in Brazil, Bulgaria, Czechoslovakia,
Mexico, Namibia, South Africa, USSR and Zimbabwe .

2 . See the table below .

3 . At the present time, no suitable method is available
to enable food from treated animals imported into the
Community to be checked effectively for the presence of
residues of BST .

4 . The Commission does not have details of the
investment activities of industrial companies which enable
it to inform the Honourable Member of the involvement

of the Monsanto Company in Austria .

5 . Should Austria become a Member State of the
Community, the conditions of adhesion would be
established in accordance with Community procedures . It
would only be then that any particular consequences
could be indicated for specific sectors .

15 . 8 . 92 Official Journal of the European Communities No C 209 / 13

Imports by product and partner

1989

access routes to the Brenner that will also serve the

projected tunnel .

In principle, a contribution to financing the tunnel is
possible, but it should be considered in the light of the
findings of the study currently under way .

WRITTEN QUESTION No 2398 / 91

by Mr Dieter Rogalla ( S )
to the Commission of the European Communities

( 22 October 1991 )

(1 000 kg )

Soviet

Union

Czecho ­
Com. nom. Bulgaria slovakia

South

Africa

Fresh 1 20 0 0

SMP 0 13 496 0 725

WMP 0 235 0 0

Condensed 0 1 898 0 0

Whey 0 5 096 17 40

Butter 0 3 683 0 982

Butteroil 0 0 0 0

Cheeses 1 911 2415 0 26

Caseines 790 549 0 3 773

( 92 / C 209 / 23 )

Source : Eurostat — Comext .

Subject : Free exchange of scientific and cultural
information

WRITTEN QUESTION No 2397 / 91

by Mrs Ursula Braun-Moser ( PPE )
to the Commission of the European Communities

( 22 October 1991 )

( 92 / C 209 / 22 )

Subject : Projected new Brenner railway tunnel

Plans for a new Brenner railway tunnel on the
Munich-Verona express route have not yet been finalized .

Can the Commission take measures to speed up the study
and planning phase preceding the decision to build, which
is scheduled to last until the end of 1992, and does it
intend the Community to participate in any way in the
planning and funding of this project, which is of vital
importance for a further increase in north-south transit
capacity ?

Answer given by Mr Van Miert

on behalf of the Commission

(9 April 1992 )

The Brenner base tunnel is vital to trans-Alpine traffic
between Member States .

As long ago as 1988, the Commission committed
Ecu 100 000 for a study into whether the tunnel could be
financed by the private sector .

The results are expected this year .

With regard to Community funding for the tunnel 's

construction, these resources may only be used on Italian
territory, where the Community is already helping finance

In 1987, while visiting the Dion museum in Greece, Dr
Antonios Risos, a student of history, was told that he was

not allowed photograph the exhibits since they had not
yet appeared in any scientific works and the archaeologist
who had discovered the objects had the right of first
publication . In order to protect this right it was forbidden
to photograph the exhibits . By letter of 1 August 1988, the
relevant ministry stated that the right of first publication
applied for a period of ten years following excavation of
the items by the archaeologist concerned and could be
extended if, for overriding reasons, it has not been
possible to commence scientific investigation of the items
discovered .

Does the Commission agree that application of this Greek
legislation in respect of a history student is not compatible
with the principle of the free exchange of scientific and
cultural information within the European Community ?
What steps is the Commission taking to guarantee this
free exchange of information ?

What measures are being taken by the Member States to
guarantee the free exchange of scientific and cultural
information within the European Community ?

Answer given by Mr Bangemann

on behalf of the Commission

(1 April 1992 )

1 . The matter raised by the Honourable Member
relates to the specific situation of a Member State
imposing restrictions on the taking of photographs by
visitors to museums . On the basis of the information
provided by him . there is nothing to suggest that those
restrictions are applied in a discriminatory manner,
particularly on grounds of nationality .

No C 209 / 14 Official Journal of the European Communities 15.8.92

In the light of the information available to it, the
Commission considers, therefore, that the measures
described by the Honourable Member do not constitute
an infringement of Community law, irrespective of the
reasons given to justify the ban on taking photographs in

museums .

2 . Since the principle of the free exchange of scientific
and cultural information to which the Honourable
Member refers has not been precisely defined and has not
yet been incorporated in a specific legal framework, it
would not appear possible to take punitive measures for
failing to comply with it . Moreover, to reserve the right of
first publication in respect of photographs of
archeological finds to those who have actually made the
finds seems to be an appropriate way of rewarding them
for their efforts and success .

3 . The Commission has no detailed information on

Member States ' legislation in this area .

WRITTEN QUESTION No 2415 / 91

by Mrs Winifred Ewing ( ARC )
to the Commission of the European Communities

( 30 October 1991 )

( 92 / C 209 / 24 )

Subject : Restrictions on the sowing of oilseed rape crops

Has the Commission instituted any guidelines, or does it
intend to, which would prevent the sowing of oilseed rape
crops in close proximity to residential areas and
roadways ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(6 April 1992 )

The Commission has not instituted any guidelines, nor

does it intend to in the foreseeable future, which would
prevent the sowing of oilseed crops in close proximity to
residential areas and roadways as it is not aware of any
conclusive evidence to date indicating that the growing of
such seed is harmful to human health .

WRITTEN QUESTION No 2429 / 91
by Mr Giuseppe Mottola, Mr Franco Borgo, Mrs Felicia

Contu, Mr Lorenzo De Vitto, Mr Mario Forte,

Mr Antonio Iodice ( PPE )
to the Commission of the European Communities

( 30 October 1991 )

( 92 / C 209 / 25 )

Subject : Council Directive of 1979 on the conservation of

wild birds

A great deal of confusion has arisen concerning the

interpretation of the notion of ' dependence '.

Can the Commission give a definition of this term within
the meaning of Article 7 ( 4 ) of Council Directive
79 / 409 / EEC (').

O OJ No L 103, 25 . 4 . 1979, p. 1 .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 23 April 1992 )

The Ornis database implicitly considers the period of

dependence to be the period during which the young birds
have to be fed and / or guided by their parents in order to
be able to survive .

For practical reasons, the Ornis database defines the end
of the period of dependence in game birds which have an
extended period of social dependence as follows :

— in Anser and Branta, the time when the young birds

leave the nest ;

— in Perdix and Alectoris, inter alia, the end of the period

of parental protection .

WRITTEN QUESTION No 2448 / 91

by Mr Georgios Romeos ( S )
to the Commission of the European Communities

( 30 October 1 991 )

( 92 / C 209 / 26 )

Subject : Conversion of the Chinese arms industry

The Chinese authorities and Chinese producers '
associations have recently appealed for aid for the
conversion of their arms industry and the manufacture of
consumer goods . A large number of arms manufacturers
have already started to switch to consumer goods and are
requesting technology transfers from the West . Will the
Commission meet this request and how does it intend to
promote cooperation with China in this respect ?

Answer given by Mr Andriessen

on behalf of the Commission

(4 March 1992 )

The Commission has not received any request from the

Chinese authorities for assistance concerning
reconversion of military industries . The Chinese Premier
Mr Zou Jiahua has recently highlighted that priority is to
be given to the reform of the inefficient Chinese public
sector . Emphasis is placed, in this context, on the
objective of achieving national industrial self-reliance,

15 . 8.92 Official Journal of the European Communities No C 209 / 15

rather than on considerations concerning possible WRITTEN QUESTION No 2588 / 91
reduction of military power . by Mr Patrick Lalor, Mr Gene Fitzgerald, Mr Niall
Andrews, Mr James Fitzsimons, Mr Mark Killilea and

Mr Patrick Lane ( RDE )

to the Commission of the European Communities

( 14 November 1 991 )

( 92 / C 209 / 28 )
WRITTEN QUESTION No 2500 / 91

by Mr Kenneth Stewart ( S )
to the Commission of the European Communities

(4 November 1991 )

( 92 / C 209 / 27 )

Subject : Health legislation for the display of food for sale

Is the Commission aware that health chiefs in Liverpool,
England, are to investigate claims that shopkeepers in the
city are breaking hygiene regulations, with quite a number
of shops displaying dairy products outside their premises
without refrigeration ; sausages, bacon, cheese, meat, pies,

and cooked meats, all displayed in plastic wrapping paper,
and no container to keep germs away ; in some cases
products are unwrapped .

Does the Commission agree that some foods should be
kept at certain temperatures to prevent germs spreading
or laying eggs, which could cause illness when eaten ?

Does the Commission agree that consumers should be
warned about this type of trading, since such unhygienic

methods could cause outbreaks of salmonella poisoning
and botulism ?

As a matter of urgency will the Commission bring
forward any hygiene legislation covering this type of
trading, and consider a total ban on such methods, in the
interest of public health ?

Answer given by Mr Bangemann

on behalf of the Commission

( 18 May 1992 )

The Commission is not aware of the situation described
by the Honourable Member .

Foodstuffs, likely to support the multiplication of
pathogenic or toxicogenic microorganisms, must be kept

at temperatures which inhibit the growth of such
microorganisms to levels that are harmful to health . It is
up to the competent authorities of the Member States to
take appropriate action in case these requirements are not

met .

The Commission currently prepares Community
legislation in the form of a general framework Directive
on the hygiene of foodstuffs which deals among others,
with the indicated type of trading .

Subject : EC financial assistance for essential investment

in access transport services to / from Ireland, and
other peripheral regions

Once the Channel Tunnel has been opened in 1993,
Ireland will be the only EC Member State without a land
link to mainland Europe . Furthermore, Ireland has
unique transport needs because it is the only island nation
and one of the most peripheral regions in the Community .
It is also one of the most open economies in Europe and
relies very heavily on foreign trade for sustainable
economic growth and employment creation .

In the light of the above factors and the study carried out
by KPMG / SKC on access transport for Ireland, will the
Commission now indicate its position with regard to the
following issues :

1 . the principle of EC funding for essential investment in

transport services to and from Ireland ;

2 . initial specific priority investments on direct services

to mainland Europe, both roll-on / roll-of ( Ro / Ro )
and lift-on / lift-of ( Lo / Lo ), financed from within
Ireland 's allocation of Structural Funds ;

3 . a significant ( up to 50% ) EC aid rate for such
investments ;

4 . an allocation of EC funds for future further
investment in access transport services ?

WRITTEN QUESTION No 3178 / 91

by Mr John Cushnahan ( PPE )
to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 209 / 29 )

Subject : Community investment in access transport
services to and from Ireland

What progress has the Commission made in its
consideration of the Irish Government 's request for
increased Community investment in access transport
facilities to and from Ireland ?

No C 209 / 16 Official Journal of the European Communities 15 . 8 . 92

Joint answer to Written Questions

Nos 2588 / 91 and 3178 / 91

given by Mr Millan
on behalf of the Commission

( 27 April 1992 )

The Commission is aware of the particular problems

experienced by Member States on the periphery of the
Community, including the problems of access transport .
The need to ensure adequate transport access throughout
the Community in the context of the internal market has
been recognized as well in the recent proposal, ' From the
Single Act to Maastricht and Beyond ' ('). This is reflected
both in the proposal on the new cohesion fund and the
proposals relating to Trans-European networks .

The Commission has examined a submission received
from the Government of Ireland, in which ERDF
assistance was requested for the purchase of ships for use
on services between Ireland and Mainland Europe .

While assistance for the purchase of mobile assets has
been made available in certain limited cases to ensure the
provision of essential transport services, it is not clear that
such assistance is necessary in the present case . It appears
that extra capacity for roll-on / roll-off services could be
provided by operators without ERDF assistance, and that
sufficient capacity is available for lift-on / lift-off services .
Even if the case for assistance were fully established, it is
not clear that a mechanism could be designed to provide
aid in a manner which did not distort competition and
which ensured that the benefits of aid were reflected in

stabilized or reduced charges to users .

It is expected that this question will continue to be the
subject of discussions between the Irish authorities and
the Commission services .

o COM(92 ) 2000 final .

3 . If this is the case, does the Commission consider that
Article 7 of the Council Directive on environmental
impact assessment has been complied with ?

4 . Will the Commission take action against North
Rhine-Westphalia if it infringes the above Directive ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 24 April 1992 )

1 . No .

2 . The Commission is not able to answer this question .

3 . Article 7 of Directive 85 / 337 / EEC (') requires a
Member State to forward information to another
Member State, if the Member State is aware that a project
is likely to have significant effects on the environment in
the other Member State, or where a Member State likely
to be significantly affected so requests . It is up to the
Member States of Germany and the Netherlands to
consider whether the building of a refuse incineration
plant in Kamp-Lintfort is likely to have significant effects
in the Netherlands .

If the German authorities in North-Rhine Westphalia do
not consider the proposed plant to have significant effects
in the Netherlands, and the Dutch authorities have not
requested information, then Article 7 has been complied
with .

However, if one of the above assumptions is wrong, and
the German authorities in North-Rhine Westphalia have
not forwarded information to the Netherlands at the

same time as it has been made available to its own
nationals, then Article 7 has not been complied with .

4 . Article 169 of the EEC Treaty provides for measures
which the Commission takes against a Member State —
not against a region — where Community law has not
been complied with .

WRITTEN QUESTION No 2615 / 91 O OJ No L 175, 5 . 7 . 1985 .

by Mrs Nel van Dijk ( V )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 209 / 30 )

WRITTEN QUESTION No 2631 / 91

Subject : Decision to site a refuse incineration plant in

Kamp-Lintfort

1 . Is the Commission aware of plans by the German
state of North-Rhine Westphalia to site a refuse
incineration plant in Kamp-Lintfort, 30 km east of Venlo ?

2 . Is it true that neither the province of Limburg nor
the municipalities of Venlo, Arcen / Velden and Bergen
have been notified of the siting of the refuse incineration
plant in Kamp-Lintfort ?

by Mr Sotiris Kostopoulos ( S )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 209 / 31 )

Subject : Supervision of the governing boards of sickness

insurance funds

The Greek Government recently took measures to
enlarge the governing boards of sickness insurance funds

t .

15 . 8.92 Official Journal of the European Communities No C 209 / 17

which fall within the jurisdiction of the Ministry of
Health, Welfare and Social Services . The measures
resulted in the appointment of government
representatives to the sickness insurance funds to monitor
the management thereof . Until now, sickness insurance
funds have been managed by representatives of insured
persons . Trade union organizations are protesting at this
measure by the government which, they say, runs counter
to the idea that sickness insurance funds should be
self-governing .

Can the Commission state whether it intends to make
representations to the Greek Government to restore the
self-governing status of sickness insurance funds ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 26 March 1992 )

The Commission has no power to compel the Greek

Government to restore the self-governing status of
sickness insurance funds .

However, Article 118 of the Treaty requires the
Commission to promote close cooperation between
Member States in the social field, particularly in matters
relating to social security . Such cooperation mainly takes
the form of the exchange of information through studies
and seminars .

WRITTEN QUESTION No 2646 / 91

by Mr Peter Beazley ( ED )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C . 209 / 32 )

Subject : Chinese imports of bicycles

Considering that one of the central aims of the European
single market is the strengthening of European industry 's
competitiveness both in Europe and on the world maket
can the Commission explain :

1 . Why — in relation to bicycle manufacture — the

import duty on Chinese bicycles was reinstated only as
last as 10 September 1991 whilst the import reference
point on Chinese bicycles ( Ecu 9,3 million ) has been
exceeded as early as February 1991 ?

2 . What the Commission intends to do on behalf of

European bicycle manufacturers in relation to the
maintenance of the import duty on chinese bicycles,
which is due to expire once again at the end of 1991,
thus leaving an opportunity for the Chinese to flood
the European market with cheap, duty-free bicycles
from 1 January 1992 ?

Answer given by Mr Andriessen

on behalf of the Commission

(2 March 1992 )

In view of the substantial increase in bicycle imports in
recent years the Community decided to make them
subject to the special surveillance measures for which the
Generalized System of Preferences provides . Surveillance
is on a monthly basis and the Commission passes on the
information received to all Member States which,
depending on the case, ask for the normal duty to be
re-established when the reference base is reached . To
implement this procedure the Commission, of course,
depends on the speed with which the relevant information
reaches it from the Member States .

In the case in point the Ecu 9 004 000 reference base was
reached on 14 June 1991 (') and the Commission received
a request for the duty to be re-established from a Member
State on 2 August 1991 . The procedure set out in Article 8
of Regulation ( EEC ) 3831 / 90 calls for consultation with
the other Member States, which have 15 days to state their
views ; having regard to the foregoing, the time taken to
publish the re-establishment of normal duty in respect of
China is acceptable . Pending the complete revision the
Generalized System of Preferences the present
mechanisms for reintroducing duty will continue to be
used in 1992 .

It may be of interest to point out that the Commission
recently ( 2 ) announced that an anti-dumping proceeding
in respect of imports of bicycles originating in Taiwan and
the People 's Republic of China has been initiated .

O OJ No L 250, 7 . 9 . 1991 .
O OJ No C 266, 12 . 10 . 1991 .

WRITTEN QUESTION No 2656 / 91

by Sir James Scott-Hopkins ( ED )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 209 / 33 )

Subject : Extracted aggregates in the construction
industry

What new proposals does the Commission intend to bring
forward designed to encourage the use of alternatives to
extracted aggregates in the construction industry, given
the many scars to the European landscape which result
from mineral extraction ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 13 May 1992 )

As far as quarrying is concerned, Directive
85 / 337 / EEC (') makes provision for an environmental

No C 209 / 18 Official Journal of the European Communities 15 . 8 . 92

impact assessment of certain projects and in this context
alternatives to the proposed project should be considered .
This means, in the case of quarrying, not only alternative
sites but alternatives to the use of quarried material, for
example recycling existing construction material or the
use of other waste products .

Because quarrying comes within Annex II of the
Directive, Member States have some discretion as to
whether an impact assessment is required for a particular
project . In the UK, for example, the Commission is aware
of the fact that an indicative threshold of 50 hectares is
used for sand and gravel works and that for rock quarried
or clay operations the location, scale and type of activities
proposed are taken into account in determining whether
an assessment is required .

o OJN0LI75, 5 . 7 . 1985 .

WRITTEN QUESTION No 2732 / 91

by Mrs Anita Pollack ( S )
to the Commission of the European Communities

( 21 November 1991 )

( 92 / C 209 / 34 )

Subject : Women and the Social Fund

multiannual financial allocations devoted to the campaign
against long-term unemployment and the occupational
integration of young people ( objectives 3 and 4 ). Specific
operations in favour of women accounted for only 0,7 %
of the ESF 's total budget in 1986 .

To this sum of Ecu 380 million must be added the Ecu

120 million allocated to the NOW initiative (') which is
designed to promote equal opportunities for women in
the field of employment and vocational training . This is to
be financed by the European Social Fund, with additional
support from the ERDF .

2 . As regards projects, since the reform of the
structural Funds the Commission has approved only such
operational programmes as include the priorities and
eligible measures proposed by the Member States . These
programmes contain no information on the projects
selected by the Member States .

To obtain specific information on the content of projects,
the Commission is carrying out an assessment study on
the quantitative and qualitative involvement of women in
the full range of operations developed in 1990 . It will then
be possible to assess the impact of ESF operations on the
overall situation of women on the labour market and will
guide the choice of measures to be promoted within the
framework of ESF operations and, in particular, those
associated with the NOW initiative . The findings are
expected to be available shortly ; Parliament will be
notified of them .

The Commission has devised a specific system for
monitoring and assessing projects under the NOW
initiative that will provide detailed information . This will
be sent to the Honourable . Member when projects are
selected by the Member States .

What figures are available to show the proportion of the
Social Fund spent on projects for women and what sort of
projects are they ? (') OJ No C 327, 29 . 12 . 1990 .

Answer given by Mrs Papandreou

on behalf of the Commission

(7 April 1992 ) WRITTEN QUESTION No 2762 / 91
by Mrs Barbara Diihrkop Diihrkop ( S )
to the Commission of the European Communities

1 . Specific operations are planned for women in the
Community support frameworks for objectives 1, 3 and 4 .
They are based on the guidelines for ESF aid under
objectives 3 and 4 and concern the vocational training and
integration of women seeking to re-enter the labour
market after a lengthy interruption ( objective 3 ) and the
integration of women in occupations where they are
heavily under-represented ( objectives 3 and 4 ).

A budgetary analysis of the Community support
frameworks planned for 1990-1993 shows that operations
in favour of women account for some Ecu 380 million
throughout the Community ; that is 5% of the total

( 22 November 1991 )

( 92 / C 209 / 35 )

Subject : Aid to projects concerned with the protection

and promotion of the European architectural
heritage

The Commission has already decided what projects will
be financed from Budget Item B3-2000 ( Support for pilot
projects for the protection and promotion of the
European architectural heritage ).

15 . 8.92 Official Journal of the European Communities No C 209 / 19

The subject chosen for 1991 is the restoration of
monuments and sites on which work has already
commenced and which are of particular significance for
the European heritage . In 1992 attention will be given to
those projects which are designed to improve public sites
in historic centres included in a restoration project .

Can the Commission say who is responsible for selecting
the areas of action and on the basis of what criteria ? Are
such decisions taken annually or within a multiannual
framework for the next two, three or four years ? If so,
what is the nature of this framework ?

For the purposes of selecting projects for funding, does a
system exist to ensure a fair allocation of funds between
Member States and in what proportions are available
funds allocated ? What are the basic criteria for the
selection of projects ? Has the fact that a project is located
in a less-favoured area of the Community, for example,
been taken as a criterion ?

Answer given by Mr Dondelinger

on behalf of the Commission

( 24 March 1992 )

In 1988 the Commission, aided by a team of conservation
specialists, adopted and published in the Official Journal of

the European Communities (') an initial list of four themes
( 1989-1992 ) intended to illustrate certain aspects of
architectural heritage conservation and make more
effective use of very limited budgetary resources .

A list of the themes for the next few years is currently
being drawn up for approval by the Commission and
publication in the Official Journal in the next few months .

A panel of 12 internationally renowned experts on
architecture, archaeology and history of art ( one from
each Member State ) is responsible for selecting the
projects to be financed .

The panel determines the selection criteria in the light of

the specific theme for the year . It should be noted,
however, that quality both in terms of the historical and
cultural value of the monument and in terms of the
technical approach to the conservation / restoration /
change in use of the monument prevails over any
consideration of allocation amongst the Member States or
criteria used in connection with the Commission 's other

structural policies .

(') OJ No C 308, 3 . 12 . 1988 .

WRITTEN QUESTION No 2766 / 91

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

( 22 November 1991 )

( 92 / C 209 / 36 )

Subject : EC funding for recycling

The Commission is presently preparing a draft Directive

on general waste packaging, which aims at introducing
ambitious recycling rates for packaging waste . In the
context of this Directive is the Commission prepared to
assist Member States in fulfilling these targets by funding
recycling projects ( glass, paper, etc .) in the Member
States ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 13 May 1992 )

The current draft of the proposal for a Council Directive

on Packaging and Packaging Waste sets targets for the
recovery and, more particularly, the recycling of
packaging waste . It has to be taken into consideration that
this draft is at present at the stage of a working document
and as such is subject to further consultation of the
Commission services concerned .

As far as funding to support national and / or local
initiatives is concerned, the Commission will only
co-finance research and demonstration projects within
the general context of the programmes for financial

support .

WRITTEN QUESTION No 2771 / 91

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

( 22 November 1991 )

( 92 / C 209 / 37 )

Subject : Environmentally sensitive areas

Has the Commission identified the important bird areas
most suitable for designation as Environmentally
Sensitive Areas under Article 13 of Council Regulation
( EEC ) No 797 / 85 ('). What level of agreement has the
Commission achieved in its discussion with Member

States over these sites and what sites in Ireland are to be
designated as ESAs ?

O OJ No L 93, 30 . 3 . 1985, p. 1 .

No C 209 / 20 Official Journal of the European Communities 15 . 8 . 92

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 13 May 1992 )

The Commission informs the Honourable Member that

according to Article 19 of Council Regulation ( EEC ) No
797 / 85, as amended by Article 21 of the new Council
Regulation ( EEC ) No 2328 / 91 ('), the designation of
environmentally sensitive areas is at the discretion of the
Member States . Ireland has recently designated two sites
as ESAs : the Slieve Blooms and Slyne Head — these two
sites do not include important bird Areas .

o OJ No L 218, 6 . 8 . 1991 .

WRITTEN QUESTION No 2777 / 91

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

( 22 November 1991 )

With regard to the BEUC complaint of September 1991,

relating to quotas on the importation of Japanese cars into
the UK, the Honourable Member will, no doubt, know of
the recent consensus agreed between Japan and the EC
concerning the importation of Japanese cars into the
Community . This consensus involves the abolition of
national restrictions of any kind from 1 January 1993 at
the latest, accompanied by a transitional period to
facilitate the adjustment of Community producers to
adequate levels of international competitivness .

2 . The Commission expects to make public its opinion
in relation to both complaints in the coming months .

WRITTEN QUESTION No 2787 / 91

by Mr Freddy Blak ( S )
to the Commission of the European Communities

( 22 November 1 991 )

( 92 / C 209 / 39 )

( 92 / C 209 / 38 )
Subject : Efforts to reduce tobacco consumption

Subject : Consumer effects of the lack of competition in

the motor vehicle sector

1 . Can the Commission explain why no replies have so
far been given to the following official complaints ?

— Official complaint lodged by BEUC ( Bureau
Européen des Unions de Consommateurs ) in January

1990 concerning the non-respect of Regulation ( EEC )
No 123 / 85 (') by the automobile sector ;

— Official complaint lodged jointly by BEUC and two

UK consumer organizations, NCC ( National
Consumer Council ) and CA ( Consumers '
Association ), in September 1991 concerning the
industry-to-industry agreement which restricts the
percentage of Japanese cars on the UK market to 1 1 % .

2 . Can the Commission give some indication of when
replies to these complaints can be expected, and to their
content ?

o OJ No L 15, 18 . 1 . 1985, p. 16 .

Answer given by Sir Leon Brittan

on behalf of the Commission

( 14 April 1992 )

1 . Following the complaint of January 1990 by BEUC
( the European Consumer Organization ), the Commission
began its enquiry into car price differentials in the EC in
April of that year . The study is now in its final phase . The

Commission is currently examining the comprehensive
data collected and is preparing its position with regard to
further action which may ensue as a result of its findings .

An investigation carried out in Britain has recently shown

that 25 % of all deaths of persons aged between 35 and 60
in the EC can be linked to smoking . Can the Commission
say what initiatives are planned to reduce tobacco
consumption ? TV campaigns are very expensive, but so is
the treatment of smoking-related diseases . What action
will the Commission take, and what level of resources will
be devoted to this problem ?

WRITTEN QUESTION No 2788 / 91

by Mr Freddy Blak and Mrs Kirsten Jensen ( S )
to the Commission of the European Communities

( 22 November 1991 )

( 92 / C 209 / 40 )

Subject : Mortality among alcoholics and smokers

What has the Commission done over the past 12 months
to prevent the 30 000 deaths among alcoholics and
220 000 deaths among smokers in the European
Community ?

Joint answer to Written Questions

Nos 2787 / 91 and 2788 / 91

given by Mrs Papandreou
on behalf of the Commission

(9 April 1992 )

The Commission considers tobacco prevention a priority
within the framework of the ' Europe against cancer '
programme . Both action plans ( 1987 / 1989-1990 / 1994 )

15 . 8.92 Official Journal of the European Communities No C 209 / 21

include several actions with the objective of reducing
smoking habits, particularly among young people .

Thus, the Commission, having in view the establishment

of the single market, has already presented several draft
legal provisions which have also been adopted by the
Council :

— Directive 89 / 622 / EEC ( 1 ). It provides for health
warnings to be carried on the labelling of cigarettes
packages ;

— Directive 90 / 239 / EEC ( 2 ). It provides for a reduction

of the tar yield of cigarettes ;

— Resolution 89 / C 189 / 01 ( 3 ) has been adopted by the

Council on 18 July 1989 . It invites Member States to
ban smoking in places open to the public .

The Commission has also presented a draft Directive
banning tobacco advertising . Another draft Directive is
currently under discussion amending Directive
89 / 622 / EEC and providing for health warnings to apply
to the labelling of tobacco products other than cigarettes .

On the other hand, still in the framework of the ' Europe
against cancer ' programme, the Commission gives
financial support to the tobacco prevention actions
implemented by the Member States non-governmental
organizations . An external office ( BASP ) is in charge of
the coordination of action by the organizations .

These legal proposals as weil as the other activities against
tobacco implemented by the Commission are particularly
targetted to young people, namely the health education in
schools .

Since the autumn of 1990 and as a follow up to Council
resolution 86 / C 184 / 02 ( 4 ) on alcohol abuse and Council
resolution 89 / C3 / 01 ( 5 ) concerning health education in
schools, the Commission has developed and / or supported
a number of activities in the following areas :

— Health education and teacher training actions :

—
pilot projects

— elaboration of a European Manual for teachers

— seminars, summer schools and conferences .

— A Community wide ' Drink or Drive ' campaign run

jointly with the Alliance Internationale de Tourisme :
4 million copies of the ' Drink or Drive ' information
brochure on alcohol issues have been distributed to
travelling motorists within the Community .

— Support of European actions of self-help groups and

non-governmental organizations working in the field
of substance abuse prevention ( including alcohol ).

— Discussions with the alcohol industry and the social

partners in relation to the prevention of alcoholism at
work .

— Health costs related to alcoholism .

(') OJ No L 359, 8 . 12 . 1989 .
O OJ No L 137, 30 . 5 . 1990 .
O OJ No C 189, 26 . 7 . 1989 .
( 4 ) OJ No C 184, 23 . 7 . 1986 .
O OJ No C 3, 5 . 1 . 1989 .

WRITTEN QUESTION No 2791 / 91

by Mr Bernhard Sälzer ( PPE )
to the Commission of the European Communities

( 22 November 1991 )

( 92 / C 209 / 41 )

Subject : Staff employed in DG XIII

What changes were there in the number of staff employed

in the Commission 's Directorate-General XIII between

1982 and 1990, in permanent posts and temporary posts
respectively ?

How many staff are employed in this Directorate ­
General XIII by nationality, in absolute terms and by
grade ?

Answer given by Mr Pandolfi

on behalf of the Commission

(1 2 May 1992 )

The Honourable Member will find below information in
reply to his question for the period 1986 — 1990 . DG XIII
was set up in 1986 as the result of a merger between
the former Luxembourg Directorate-General XIII
' Information Market and Innovation ', which was
responsible for tasks different from those devised / since,
and the ' Task Force for Information and Telecommu ­

nications Technologies ', which was set up in 1983 .

Changes in DG XIII staff
posts authorized under the budget

1986 1987 1988 1989 1990

Permanent 230 251 271 300 327

Temporary 132 231 298 347 412

The Commission makes every endeavour to ensure an
overall balance in distribution by nationality . Information

No C 209 / 22 Official Journal of the European Communities 15 . 8.92

on the subject is communicated to the Parliament each
year under the budgetary procedure ( Annex to the

document ' Justification for posts ').

WRITTEN QUESTION No 2799 / 91

by Mr Paul Staes ( V )
to the Commission of the European Communities

( 22 November 1 991 )

organized the requisite checks and notified the
Commission of the results . For that reason the
Commission, on 26 June last year, decided to bring the
matter before the Court of Justice .

WRITTEN QUESTION No 2804 / 91

by Mr Alan Donnelly ( S )
to the Commission of the European Communities

( 92 / C 209 / 42 ) ( 5 December 1 991 )

( 92 / C 209 / 43 )

Subject : Rest periods for lorry drivers

Regulation ( EEC ) No 3820 / 85 (') lays down driving and
rest periods for lorry drivers . On 29 November 1988
Directive 88 / 599 / EEC of 28 November 1988 ( 2 ) on
standard checking procedures for the implementation of
this Regulation was published in Official Journal .

In practice, this means that the rest period is reduced from

14 to 8 hours per 24-hour period . The EC lacks any
uniform monitoring arrangements in this area .

1 . Does the Commission agree with me that it would be

better to delete the paragraph of Article 8 on the
division of resting time, since it enables employees to
bend the rules ?

2 . Is the Commission aware that this Directive is still not
being implemented in Belgium and what steps does it
intend to take ?

O OJ No L 370, 31 . 12 . 1985, p . 1 .
O OJ No L 325, 29 . 11 . 1988, p . 55 .

Answer given by Mr Van Miert

on behalf of the Commission

( 29 April 1992 )

1 . Article 8 of Regulation ( EEC ) No 3820 / 85 provides
that the minimum daily rest period may, in certain
circumstances, be reduced from eleven to nine consecutive
hours . It also permits drivers to divide their daily resting
time into two or three separate periods, one of which must
be at least eight consecutive hours, on condition that the
minimum rest period is increased to twelve hours .
Nowhere does the Regulation, as the Honourable
Member seems to believe, impose a daily resting time of
fourteen hours . The Commission has no evidence of
many abuses due to the division of rest time, but it is
willing to examine any evidence to the contrary .

2 . As for the incorporation into Belgian law of
Directive 88 / 599 / EEC on standard checking procedures,
the Commission is aware that Belgium has still to adopt
national implementing measures, although it has

Subject : Community law and national law

Does the Commission consider that the decision of the
Court of Justice in Case C - 106 / 89 Marleasing v. La
Comercial Internacional de Alimentacion means that, in
future, any failure by a Member State to transpose a
Directive into national law by the stipulated date will be
without effect as regards the enforceability within that

Member State of the rights and obligations arising from
that Directive ; and, if so, will the Commission
nonetheless continue to bring actions against offending
Member States in the Court of Justice ?

Answer given by Mr Delors
on behalf of the Commission

( 31 March 1992 )

In its judgment of 13 November 1990 in Case C - 106 / 89
Marleasing the Court of Justice held that a national judge
must interpret his national law in line with the wording
and purpose of a Community Directive . This judgment
was given in a dispute between two parties over the

interpretation of a Directive for which no national
implementing measures had been taken .

But this ruling cannot be taken to acknowledge that
Directives have ' horizontal effect ' enabling individuals to
benefit from the application of the clear, unconditional
and sufficiently precise provisions of a Directive not
incorporated in national law as such, vis-a-vis another
individual . It follows that these rights may be guaranteed
less fully than they would be if the Directive had been
incorporated in national law .

Consequently, the ruling does not require the
Commission to make even greater efforts to see that the
provisions of the Treaty or secondary legislation are
applied, in particular as regards compliance by Member
States with their obligation to transpose Community
Directives into national law .

15 . 8.92 Official Journal of the European Communities No C 209 / 23

WRITTEN QUESTION No 2820 / 91

by Mr Thomas Megahy ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 209 / 44 )

Subject : Fraudulent labelling of garments

Tests carried out over the last year by the West Yorkshire
Trading Standards Service have revealed that 21% of

The criteria and arguments set out in the answer to the

second question referred to above still remain valid .

It must therefore be confirmed that any non-compliance
of textile articles with framework Directive 71 / 307 / EEC,
which provides for the mandatory labelling of those
products, falls in principle within the responsibilities of
the inspection authorities in the Member State in which
those articles are marketed and are covered by the
sanctions specifically provided for by the taw of that same
State in implementation of the abovementioned Directive .
Any such regulations also apply to the non-compliance of
products covered by separate Directives .

garments offered for sale in the region and making claims
as to wool content are seriously misdescribed . A major
cause has been shown to be the use by UK manufacturers The solution to the
of descriptions given by Italian manufacturers of cloth therefore be found within
made from recycled rags . Is the Commission aware of this
problem and does it have any plans to tackle it ? o OJNoC212, 10.8 . 1987 .

The solution to the problem raised in this question must

therefore be found within English law .

WRITTEN QUESTION No 2821 / 91

by Mr Thomas Megahy ( S )
to the Commission of the European Communities

WRITTEN QUESTION No 2827 / 91

by Mr Filippos Pierros ( PPE )

( J December 1 991 )

( 92 / C 209 / 45 ) to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 209 / 46 )
Subject : Fraudulent labelling of carpets

Tests carried out over the last three years by the West
Yorkshire Trading Standards Service have shown that one
in three carpets imported from other Member States claim
a higher wool content than they actually possess . In view
of the rigorous enforcement of the EC fibre contents
regulations within the UK, British manfacturers, as well
as honest traders elsewhere, are placed at a considerable
competitive disadvantage by this fraudulent practice . Is
the Commission aware of this problem and does it have
any plans to tackle it ?

Joint answer to Written Questions Nos 2820 / 91

and 2821 / 91

given by Mr Van Miert
on behalf of the Commission

(2 April 1992 )

The Commission was not informed directly of the

garment conformity tests carried out in West Yorkshire
last year by the Trading Standards Service . However, it is
in general terms up to date as regards the problem raised
by the Honourable Member .

The Commission has already responded to the concerns
voiced by the Honourable Member, in particular in its

answer to Written Question No 2499 / 86 by Mr Seal (').

Subject : Insurance for Aids sufferers in the Community

An agreement has recently been concluded between the

French Government in the person of its Minister of
Health and the French Federation of Insurance
Companies represented by its chairman, on insurance
cover for Aids sufferers under certain conditions . This
sets a promising example which could be followed at
international level .

The Commission previously considered the question of

insurance for Aids sufferers without reaching any
decisions . However, the initiative now taken by France
provides a fresh opportunity for the Commission to
consider the matter and draw up legislation at European
Community level, a necessary measure, not only on
humane grounds but also in order to harmonize basic
social security legislation in the Community . What are the
Commission 's views and what steps will it take ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 13 March 1992 )

The Commission welcomes any initiative that will help to

improve the social protection of Aids sufferers . By
Article 10 of the Community Charter on the fundamental

No C 209 / 24 Official Journal of the European Communities 15 . 8 . 92

social rights of workers, every worker in the European
Community is entitled to adequate social protection .

But the Commission is not planning to propose any
legislative measures which would require the Member
States to adopt a specific attitude to the social protection
and compensation of Aids sufferers . The Treaties provide
for only limited powers in the field of social protection,
confined mainly to promoting close cooperation between
the Member States . However, the Community attaches
great importance to compliance with the principle of
non-discrimination vis-a-vis Aids victims and to their

social integration .

In the field of social protection the Commission recently
adopted two proposals for Council recommendations,
one dealing with common criteria relating to sufficient
benefits and resources in social protection schemes and
the other with convergence of social protection objectives
and policies . These recommendations would call on the
Member States to guarantee adequate social protection,
as provided for in the Community Charter on the
fundamental social rights of workers . The organization
and funding of national social protection schemes is the
sole responsibility of the Member States and there are no
plans to harmonize these schemes at Community level .
The Commission takes the view that these two
Community initiatives extend to Aids sufferers .

As part of its ' Europe against Aids ' programme, adopted
by the Council and the Ministers of Health on 4 June

1991, the Community also plans to promote appropriate
' ways of informing HIV-positive persons on the various
forms of social assistance ( action 5 ) and, where necessary,
to propose appropriate Community measures to outlaw
discrimination against HIV-positive persons ( action 9 ).
The Commission is implementing this action plan .

WRITTEN QUESTION No 2829 / 91

by Mr Virgilio Pereira ( LDR )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 209 / 47 )

Subject : Implementing Regulations for the Poseima

programme

When does the Commission propose to adopt the
implementing Regulations of the Poseima programme,
which came into force on 1 July 1991, so that its impact

can be assessed as soon as possible and there is no
repetition of the delays that have already been ascertained
in connection with the Poseidom programme ?

Answer given by Mr Delors
on behalf of the Commission

( 10 April 1992 )

The Commission can inform the Honourable Member

that it is in the process of finalizing its proposals to the
Council for implementing Poseima .

These proposals have been prepared very thoroughly in
partnership with the Portuguese authorities concerned
and will be sent to the Council very shortly .

Parliament will of course be consulted on the

Commission 's proposals .

WRITTEN QUESTION No 2839 / 91

by Mr Peter Crampton ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 209 / 48 )

Subject : Transport of nuclear materials

In view of the dangers of transporting nuclear materials
often expressed in the European Parliament, does the
Commission have an opinion on the transport of spent
fuel rods and other radioactive materials on passenger
ferries across the North Sea between Newcastle and
Stavanger and from Hull to Rotterdam ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

(5 May 1992 )

As regards transport of spent fuel, the Honourable

Member is referred to the answer given by the
Commission to the Written Questions No 2635 / 90 by Mr
Glinne (') and No 1544 / 91 by Mr L. Smith ( 2 ).

As regards transport operations specifically, according to
information received by the Commission, a passenger
ferry from Newcastle to Stavanger has only been used on
one occasion to transport irradiated fuel elements and
that they would normally use cargo-only ferries, although
there is no legal requirement to do so . Ferries from Hull
to Rotterdam to transport irradiated fuel elements have
never been used .

O OJ No C 141, 30.5 . 1991 .
O OJ No C 66, 16 . 3 . 1992 .

15 . 8.92 Official Journal of the European Communities No C 209 / 25

WRITTEN QUESTION No 2846 / 91

by Mr Peter Crampton ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 209 / 49 )

Subject : Fisheries : ' One net rule '

The meeting of Fisheries Ministers in October failed to
make a decision on the ' one net rule '.

Does the Commission agree that the failure to introduce a
' one net rule ' and the derogation on whiting, will actually
introduce yet another opportunity for fisheries rules to be
broken and will encourage more discards of haddock and
cod — the very species these measures are supposed to be
protecting ?

Answer given by Mr Marin
on behalf of the Commission

(3 April 1992 )

The Commission would point out that the derogation on
whiting was adopted subject to conditions agreed at the
Council meeting of Fisheries Ministers on 28 October

1991 .

With regard to the Commission proposal concerning the

' one net rule ', the Council agreed that it would be
withdrawn from the package of technical conservation
measures and discussed subsequently in connection with
an amendment of Regulation ( EEC ) No 2241 / 87 ( ! ).

The Commission shares the Honourable Member 's view
that a very close watch needs to be kept on discards of cod
and haddock together with their effects on stocks of these
two species . To this end, it will be working out
appropriate measures .

o OJ No L 207, 29 . 7 . 1987 .

WRITTEN QUESTION No 2851 / 91

by Mr Freddy Blak ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 209 / 50 )

Subject : Reference to the term ' erga omnes ' in labour

market Directives

In Article 3 of its proposal for a Council Directive
concerning the posting of workers in the framework of
the provision of services (') the Commission uses the term
' erga omnes ' concerning the scope of a collective
agreement . Can the Commission give the precise meaning
of this term ? Has it been used previously in Community
legislation ?

Is it the Commission 's intention to make ' erga omnes ' a
fundamental principle of future Community labour
legislation ? How does the Commission consider that
Community legislation which is limited to certain sectors
where agreements with an ' erga omnes ' effect have been
concluded can be made generally applicable in countries
where there is no tradition of given labour agreements the

force of law ?

Does the Commission take the view that it is desirable for
Member States to move towards ' erga omnes ' labour
agreements and does the Commission intend to
encourage this at Community level or introduce
Community legislation requiring Member States to devise
labour market arrangements covering entire sectors ?

(') COM(91 ) 230 final .

Answer given by Mrs Papandreou

on behalf of the Commission

(6 April 1992 )

The term ' collective agreements . . . having an erga omnes
effect ' referred to in Article 3(1 ) ( a ) of the proposal for a
Council Directive concerning the posting of workers in
the framework of the provision of services should be
construed as including any collective agreement which
applies to all employers and employees of the occupation
or industry concerned .

The term ' erga omnes collective agreement ' has not been
used in previous Community Regulations or Directives .

Article 3(1 ) ( a ) above is not intended to interfere with the

collective bargaining systems of the Member States and,
consequently, it does not seek to establish a fundamental
principle for future Community legislation nor does it
intend to impose or recommend the conclusion of ' erga
omnes collective agreements ' throughout the Community .

The provision seeks to identify a ' hard core ' of mandatory
rules in force in the host countries which must be
observed by an employer who posts a worker to work
temporarily in that country . Such mandatory rules are
those itemized in Article 3(1 ) ( b ) and laid down by
national statutes or, where they exist, by collective
agreements ( or awards ) of the kind mentioned in
Article 3(1 ) ( a ).

WRITTEN QUESTION No 2865 / 91

by Mr John Cushnahan ( PPE )
to the Co mmi ssion of the European Communities

( 5 December 1 991 )

( 92 / C 209 / 51 )

Subject : Consumer protection — safety of children

In view of the vital importance of child safety and the
European Parliament 's proposal to provide a 1992 budget

No C 209 / 26 Official Journal of the European Communities 15 . 8 . 92

appropriation of 1 million Ecu for this area, does the proprietors will have to put up considerable sums to
Commission have any specific proposals aimed at provide security for such packages and this would place
improving the safety of children ? an intolerable financial burden particularly on the owners

of smaller hotels and boarding houses . What proposal
does the Commission have for redressing this situation
which otherwise will bring about the closure of many
Answer given by Mr Van Miert small businesses ?

on behalf of the Commission

( 31 March 1992 )

Answer given by Mr Van Miert

The budgetary credits which were intended to promote
child safety during the period 1989-1991 were used to
stimulate and extend information campaigns and other
actions which were undertaken by a variety of external
organizations ( e.g family organizations, consumer
associations, and institutions specializing in child safety ).
Such organizations have the advantage of being directly
in touch with child safety issues in their own areas and can
thus target their action at specific problems, which tends
to be more cost-effective than a general information
campaign .

The exchange of experiences which took place during the
recent conference on ' Communicating child safety :
European approaches to accident prevention campaigns ',
held in Brussels on 4 and 5 November 1991, served to
confirm that this particular example of subsidiarity was,
indeed, the right approach to take on this issue, and all
participants emphasized the need for, and expressed their
interest in, the continuation of such action .

Given such positive and encouraging results, the
Commission intends, therefore, to use the Ecu 1 million
included in the budget for 1992, to provide grants to those
organizations which are able to demonstrate that they
have proposals for actions which would clearly benefit
from additional financial assistance .

The Commission is of the opinion that, used in this way,

the budgetary credits to which the Honourable Member
refers in his question can best complement the legislative
actions proposed by the Commission in recent years
which have a bearing on child safety, such as the Directive
on toy safety .

WRITTEN QUESTION No 2887 / 91

by Mr Richard Simmonds ( ED )
to the Commission of the European Communities

( 5 December 1 991 )

on behalf of the Commission

( 31 March 1992 )

According to the Directive 90 / 314 / CEE (*) on package

travel, package holidays and package tours, the term
' package ' means the pre-arranged combination of not
fewer than two of the following elements : transport,
accommodation and other tourist services not ancillary to
transport or accommodation and accounting for a
significant proportion of the package ; and when the
service covers a period of more than 24 hours or includes
overnight accommodation .

The term ' organizer ' means the person who, other than
occasionally, organizes packages and sells or offers them
for sale, whether directly or through a retailer .

The term ' retailer ' means the person who sells or offers

for sale the package put together by the organizer .

In this legal framework and given the information
provided by the Honourable Member, the Commission
does not see which kind of financial burden can affect the
owners of small hotels and boarding houses .

But if the Isle of Wight is characterized by the particular
feature that hotel owners are organizing or offering not
only accommodation but also transportation to visitors,
the situation is obviously different . In this case, the
Honourable Member is asked to provide more
information . In any event, it should be recalled that
relations between ' organisers ' and ' retailers ' on the one
hand, and hotel owners on the other hand, continue to be
regulated by national laws and are not, therefore, affected
by the package travel Directive .

o OJNoL 158, 23 . 6 . 1990 .

WRITTEN QUESTION No 2921 / 91

by Mrs Carmen Diez de Rivera Icaza ( S )

( 92 / C 209 / 52 ) to the Commission of the European Communities

( 9 December 1 991 )

Subject : Package travel Directive ( 92 / C 209 / 53 )

The Isle of Wight economy relies largely on returns from
tourism and the industry has to offer ' packages ' which
include the price of accommodation and ferry travel to the
island . Under the EC 's package-travel Directive,

Subject : Energy-saving in the Berlaymont building

Is the Commission trying to set an example of the
energy-saving and efficiency it recommended by leaving

15 . 8.92 Official Journal of the European Communities No C 209 / 27

the lights on in the Berlaymont building day and night
and during public holidays ? Is there a very good reason
for this of which I am unaware ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 16 March 1992 )

The technical departments responsible for guarding and
maintaining Commission buildings have standing
instructions to keep an eye on energy wasting . They
normally cut off the current on holidays and at night
except unless they have orders to the contrary because
staff are working .

Since the Berlaymont was the very centre of Commission
operations, it often happened that certain offices had to
be manned night and at weekends and urgent work had to
be done by the offices of Members of the Commission
and the various Directorates-General ; this meant that the
lights had to stay on .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 14 May 1992 )

If a landfill site is to accept hazardous waste, the project
setting it up is subject to an environmental impact
assessment in accordance with Council Directive

85 / 337 / EEC 0 ).

When the application for a permit required by Council

Directive 78 / 319 / EEC ( 2 ) is made, the public concerned
is given the opportunity to consult the results of the
assessment and express an opinion before the project is
approved . The authorities in Zakynthos will determine
the detailed arrangements for informing and consulting
the public . Furthermore, Article 4 of Directive
91 / 156 / EEC ( 3 ) and Article 5 of Directive 78 / 319 / EEC
state that the disposal of waste must not endanger human
health or harm the environment .

O OJ No L 175, 5 . 7 . 1985 .
O OJ No L 84, 31 . 3 . 1978 .
O OJ No L 78, 26 . 3 . 1991 .

WRITTEN QUESTION No 2941 / 91

by Mr François Musso ( RDE )
to the Commission of the European Communities

( 9 December 1 991 )

WRITTEN QUESTION No 2923 / 91 ( 92 / C 209 / 55 )

by Mr Rolf Linkohr ( S )
to the Commission of the European Communities

( 9 December 1 991 )

( 92 / C 209 / 54 )

Subject : Location of refuse dump on the island of

Zakynthos ( Greece ) in the Ionian Sea — Use of
Medspa appropriations

The local authorities of the island of Zakynthos ( to the
west of the Peloponnese ) have decided to locate a refuse
dump in Skopos Kalamaki . However, Kalamaki Beach is a
nature-protection area because of its great importance as
a breeding ground for the Caretta Caretta turtle . The
projected dump is intended to stabilize the slop above the
beach and funding will be provided under the Medspa

programme .

1 . Does the Commission consider that the Zakynthos

local authorities have taken sufficient account of

environmental factors ?

2 . Does the funding of the project under the Medspa

programme need to be reviewed ?

3 . Has an environmental impact asessment of this project

been carried out or is one in preparation ?

Subject : IMPs for Italy

In view of the long delays in implementing IMPs
in Central Italy ( Tuscany, Umbria and Marche ), can
the Commission provide the following information
concerning Community funding broken down by source
( structural ) funds and additional IMP heading ) on an
annual basis :

1 . the estimated amount of Community funding
instalments,

2 . commitments entered into,

3 . payments made ?

What measures will the Commission take to remedy the
delays in implementing the projects for which assistance
has been granted ?

Answer given by Mr Millan
on behalf of the Commission

( 26 March 1992 )

1 . The most recent data on implementation of the
IMPs in Tuscany, Umbria and Marche are as follows :

No C 209 / 28 Official Journal of the European Communities 15 . 8 . 92

IMP Tuscany ( ECU million )

% of amounts

planned

Planned at
Source of finance
31 . 12 . 1990

Committed at

31 . 10 . 1991

Payments at

31 . 10 . 1991

% of amounts

planned

EAGGF 35,5 49,7 140 42,3 119

ESF 17,1 6,0 35 5,0 29

Article 551 89,4 39,1 44 27,4 31

Total 142,0 94,8 67 74,7 53

IMP Umbria ( ECU million )

Planned at
Source of finance

31 . 12 . 1990

Committed at

31 . 10 . 1991

% of amounts

planned

Payments at

31 . 10 . 1991

% of amounts

planned

EAGGF 42,1 16,9 40 10,0 24

ESF 10,6 4,6 44 3,9 37

Article 551 53,4 19,5 37 11,7 22

Total 106,1 41,0 39 25,6 24

IMP Marche ( ECU million )

Planned at
Source of finance

31 . 12 . 1990

Committed at

30.9 . 1991

% of amounts

planned

Payments at

30.9 . 1991

% of amounts

planned

EAGGF 29,8 31,4 105 14,0 47

ESF 6,1 3,6 59 2,0 33

Article 551 45,8 26,2 57 30,0 66

Total 81,7 61,2 75 46,0 56

2 . Acting through the partnership mechanism, and
more specifically through the various regional monitoring
committees, the Commission ensures that all possible
steps are taken to ensure that programmes progress as
planned and that Community funds are used to the best
advantage .

firstly, his allegations that the Secretary of State for
Transport is evading the need for an » investigation into
public transport in the UK since deregulation, and
secondly the issue he raises of a European perspective on
deregulation, and the UK policy on public transport in
general ?

The recent adoption by the Commission of the second
phase of the IMPs for Italy, which also involved a revision
of the programmes, should mean that the measures
planned are implemented more rapidly ('). Answer given by Mr Van Miert

on behalf of the Commission

( l ) Following the changes to schedules introduced by the (4 June 1992 )

Commission Decision of 16 December 1991 amending the
second phase of the Italian IMPs .

WRITTEN QUESTION No 2943 / 91

by Mr James Ford ( S )
to the Commission of the European Communities

( 9 December 1 991 )

( 92 / C 209 / 56 )

Subject : Bus deregulation in Britain

Will the Commission kindly comment on the points raised
by a Manchester constituent, and address the issue of

The Commission has examined the facts mentioned by
the Honourable Member, which are set out in the annex
to his question . The Commission has not made any
statement on the organization and quality of urban
transport . This particular side of transport will be
discussed in the white paper on the future of the common
transport policy, on which the Commission 's departments
are now working, so as to decide the possible role which
the Commission may play in the future .

In this context the principle of subsidiarity — as defined
in the Treaty on European Union — will be observed .

15 . 8.92 Official Journal of the European Communities No C 209 / 29

the island of La Gomera during the first six months of

WRITTEN QUESTION No 2949 / 91 the island of La

Mr Arturo Escuder Croft PPE 1991 as part of the IDO ?

by Mr Arturo Escuder Croft ( PPE )
to the Commission of the European Communities

( 9 December 1 991 )

( 92 / C 209 / 57 )

Subject : Investment in the La Gomera IDO

What Investment did the Communities actually make in

Answer given by Mr Millan
on behalf of the Commission

(6 March 1992 )

At 30 June 1991 (*), the, state of public investment in the

La Gomera IOP was as follows :

( Pta million )

1989-1990 (') 1991

Planned Implemented % Planned Implemented %

16,88

3.32

7.33

506,75

6,002

35,9

3 001,44

180,637

489,6

100,94

9,21

98,84

872,12

11,475

128,7

ERDF

ESF

EAGGF — Guidance Section

(') For the ESF : 1990 .

863,96

124,618

130,2

The position as regards implementation is due to delays in

the following measures :

by Mr Arturo Escuder Croft ( PPE )
to the Commission of the European Communities

WRITTEN QUESTION No 2951 / 91

( Pta million )
( 9 December 1 991 )

Amounts programmed ( 92 / C 209 / 58 )

for 1991

Construction, improvement and expansion
of ports 200

Construction of an airport 900

Construction of a helicopter port and bus
station 30

Commercial centre 88

Craft centre 33

Restoration of buildings 40

Drinking water and sewage system 297

In mid-December the Spanish authorities submitted a
reprogramming proposal which reduced the amounts
planned for 1991 to the following :

( Pta million )

ERDF 1 510

EAGGF 2 27

ESF 117

1 854

O For the ESF and EAGGF : 31 July 1991 .

Subject : ERDF payments in 1990 and 1991

The Spanish Ministry of Economics and Finance has

stated in print that ERDF payments for projects
implemented in the Canaries in 1990 totalled Ecu
31 860 500 .

To which projects do these 1990 payments correspond ?

What projects have already been approved in 1991 in the
Canaries and what is the amount involved ?

Answer given by Mr Millan
on behalf of the Commission

(9 March 1992 )

During 1990 payments by the ERDF for assistance in the
Canary Islands totalled Ecu 53 183 000 plus a further Pta

1 641,2 million .

( a ) The payments in ecus were the first two advances on

the IOP for La Gomera, the first advance on the OP
for the Canary Islands and a number of payments for
the following projects :

No C 209 / 30 Official Journal of the European Communities 15 . 8.92

— water treatment station at Las Palmas ;

— main road from Las Palmas to Arguineguin ;

— restoration of the tourist area at Las Canteras .

( b ) The payments in pesetas were intermediate or final

instalments on older projects including the purchase
of ten aircraft for transport between the islands,
marking of an airport on Tenerife, restoration of the
beach at Bajamer ( La Palma ), the main road from Las
Palmas to Maspalomas and improvements to roads
GC-822 and GC-700 .

During 1991 one project in the Canary Islands was
approved . This concerned the construction of two
thermal power stations costing a total of Ecu
366,8 million, to which the ERDF will contribute Ecu

108,6 million . An operational programme was also
adopted under the Regis Community initiative . This will
cost a total of Ecu 238,4 million of which the ERDF will
provide Ecu 61,5 million .

' the length of the employee 's normal working day or
week '. Member States are required to implement the

Directive no later than 30 June 1993 .

In addition the Commission, in its proposal for a
Directive concerning certain aspects of the organization
of working time ( J ), provides for the normal hours of
work for night workers to be limited to an average of
eight hours in any 24-hour period .

The Commission hopes that these provisions taken
together will solve the problem raised by the Honourable
Member .

O OJ No L 288, 18 . 10 . 1991 .
O OJ No C 254, 9 . 10 . 1990 .

WRITTEN QUESTION No 2983 / 91

by Mrs Karla Peijs ( PPE )
to the Commission of the European Communities

( 13 January 1992 )

WRITTEN QUESTION No 2955 / 91 ( 92 / C 209 / 60 )

by Mr Sotiris Kostopoulos ( S )
to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 209 / 59 )

Subject : The need for protection of nightclub workers

The Greek Government recently decided to liberalize the

opening hours of nightclubs . However, according to the
trade unions, workers are completely at the mercy of their
employers as a result of this since they know what time
they start work but not when they finish . How will the
Commission protect nightclub workers from arbitrary
action by their employers ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 25 March 1992 )

In accordance with the provisions of Council Directive
91 / 553 / EEC ( x ) on an employer 's obligation to inform
employees of the conditions applicable to the contract or
employment relationship, employees are entitled to
written information concerning the essential aspects of
their contract or employment relationship . This includes

Subject : Future relations with the United States in the

steel sector

Community exports of steel products to the United States
are governed by the US-Community steel agreement of
1989 and are subject to quantitative restrictions . This
agreement expires at the end of March 1992 . In the
accompanying bilateral steel consensus the Community
and the United States agree to abolish all quantitative
import restrictions on each other and on third countries
by the end of March 1992 . Reports are appearing
regularly in the US Metal Bulletin about a vigorous
campaign being waged by American steel producers aimed
at ending the American VRA system for steel products,
and about their threats to lodge complaints en masse
about dumping by foreign producers .

1 . What is the value of the Community 's present steel

exports to the United States ? What proportion of the
Community 's total exports to the United States do
they represent ?

2 . Does the Commission expect access to the US steel

market to be completely liberalized by 1 April 1991 ;

3 . Will the planned complete liberalization of the

American steel market by 1 April 1992 also apply to

Eastern European countries ?

4 . What steps does the Commission intend to take to

prevent American steel producers from starting

15 . 8.92 Official Journal of the European Communities No C 209 / 31

another steel war by lodging hundreds of complaints
about dumping and countervailing charges as they did
in 1982 ?

5 . What does the Commission think about the proposal

by the European steel industry ( Eurofer ) in 1990
regarding a multilateral consensus on steel in the
context of GATT ?

and will continue to bear in mind the industry 's position
throughout the discussions .

o OJ No L 368, 18 . 12 . 1989, p . 101 .

( 2 ) See the Commission 's report on US trade barriers and unfair

practices, 1991 .
O OJ No L 368, 18 . 12 . 1989, p. 139 .

WRITTEN QUESTION No 3019 / 91

Answer given by Mr Bangemann by Mrs Maartie van Putten ( S )

on behalf of the Commission

(3 March 1992 )

1 . In 1990, the EC exported to the USA steel products
valued at Ecu 2,434 million which amounts to 3,2 % of the
value of all EC exports to the USA during that time .

2 . In the arrangement (') concluded by the EC and the
US at the end of 1989, it was agreed that the export
restraints which expire on 31 March 1992 will be ' the final
phase of such restraints on such exports '. Nonetheless,
the termination of these quantitative restrictions does not
imply a complete liberalization of steel trade with the US,
since domestic US law which involves a significant
number of trade obstacles ( 2 ), would continue to apply .

3 . In the bilateral consensus ( 3 ) agreed between the EC
and the US at the same time as the above export restraint
agreement, it is stipulated that ' the US and the EC agree
to phase out all steel voluntary restraint agreements with
third parties by 31 March 1992 '. Thus, the termination of
quantitative restrictions is expected to be effective for all
the trading partners and hence also Eastern European
countries .

4 . The European Community and the United States
are committed to working together to achieve a
multilateral agreement whose main objectives are the
elimination of tariff and non-tariff barriers, the expansion
of ECSC style disciplines on public support, the
introduction of a strict effective and transparent dispute
settlement mechanism, and the creation of a multilateral
Parties Group with sufficient power and expertise to
analyse problems and agree on appropriate solutions . The
Commission is actively pursuing the successful conclusion
of such a Multilateral Steel Agreement ( MSA ) under the
auspices of GATT, which could be in force before the
expiry of the current VRAs . This agreement should
provide for mechanisms which will limit the potential for
harassment through the unjustified and excessive use of
trade actions which has been seen from the US industry in
the past .

5 . The Commission has welcomed Eurofer 's

constructive contributions to the MSA debate in the past,

to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 209 / 61 )

Subject : EC micro-projects in Zimbabwe

Until recently, the Netherlands Voluntary Service
Foundation ( SNV ) was responsible for administering the
budget for EC micro-projects in Zimbabwe and for
monitoring their implementation .

Why did the Commission discontinue this cooperation
with the SNV, which, as far as is known, satisfactorily

carried out the tasks assigned to it by the EC ?

Answer given by Mr Marin
on behalf of the Commission

(5 June 1992 )

The participation of the ' Stichting Nederlandse
Vrijwilligers ' ( SNV ), in the implementation of the
Micro - Projects Programme, was defined in an agreement
between the implementing agency, the Agriculture
Development Agency, signed in June 1990 and endorsed
by the Ministry of Finance, Economic Planning and
Development and the Commission in July 1990 . Within
the framework of this agreement, the SNV assigned at its
own costs one Manager and three Advisors to be attached
to each of the programme 's three regional offices .

In the meantime, the competent Zimbabwean authorities
estimated, in March 1991, that this agreement was
unsatisfactory and consequently demanded the
withdrawal of the Project Manager, the termination of
the present agreement and the preparation of a new
agreement . The withdrawal of the Manager was later
confirmed by the SNV . The Commission agreed to this
request . A new agreement on the implementation of the
micro-projects is presently being negotiated between the
Commission and the Zimbabwean authorities . Possible

technical assistance would be recruited within the
framework of this agreement and subject to the rules of
the Lome Convention .

No C 209 / 32 Official Journal of the European Communities 15 . 8.92

WRITTEN QUESTION No 3027 / 91

by Mr John Cushnahan ( PPE )
to the Commission of the European Communities

( 13 January 1992 )

( 92 /C 209 / 62 )

Subject : Control of gambling activity in the Community

When is the Commission likely to take a decision on
whether the Community 's internal market and
competition rules should be applied to gambling activity
in the Community, which is estimated to have an annual
turnover of in excess of Ecu 50 billion ?

t

Answer given by Mr Bangemann

on behalf of the Commission

( 31 March 1992 )

The Commission appreciates the interest of the
Honourable Member, and other Honourable Members,
in the question of the treatment of gambling activities in
the context of the Single Market . The principles and rules
of the Treaty which concern the four freedoms and
competition policy are directly applicable . They therefore
apply to all economic and commercial activities in the
gambling sector .

However, this is a complex area of varying national
regulation covering a range of differing activities having a
high cumulative economic value . The Commission is
developing its understanding of the sector and the issues
which require consideration at Community level through
its own internal analyses and direct consultations with
interested parties and Government authorities . This work
requires several stages of operation . The Commission
recently held hearings in Brussels, on 16 and 17 December

1991, with all those non-governmental bodies and
individuals expressing an interest in this area . The
Commission intends to follow this with consultations
with the Government authorities responsible for the
regulation and control of these activities in the Member
States .

Only in the light of the conclusions reached at that stage
will it be possible for a decision to be taken on the best
procedure to follow, what further stages that procedure
might include and an appropriate timetable for the work
involved .

WRITTEN QUESTION No 3074 / 91

by Mr James Fitzsimons ( RDE )

to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 209 / 63 )

Subject : Energy efficiency

Despite relatively mild winters in Ireland in the last few
years, energy consumption in the residential sector has

increased by 3,25 % .

Can the Commission outline what actions are being
undertaken at EC level to establish energy efficiency in
the residential sector and can the Commission outline the
energy efficiency levels in each of the Member States in
the residential sector ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 30 March 1992 )

The Save Programme contains a number of measures

aimed at improving the rational use of energy in the
residential sector . A Directive setting out minimum
energy efficiency standards for boilers has already been
discussed by both Parliament and Council and should be
adopted in May 1992 . A Directive on appliance labelling is
currently being discussed and Directives relating to
energy certification of buildings, heat metering, minimum
insulation levels and periodic inspection of boilers will be
presented shortly . These legislative measures will be
augmented by Member State and Community
information programmes and by efforts aimed at making
utilities play their part in the energy efficiency process .

On the question of residential energy efficiency for
Member States, there is no real measure of actual energy
efficiency for this sector . The traditional national
measure for energy efficiency is the energy intensity of
final demand which is formed by dividing final energy
consumption by gross domestic product . An energy
intensity for the residential sector formed by dividing
final residential energy consumption by gross domestic
product would be very misleading because of difference in
income levels within the Member States .

Residential energy consumption has been on the increase
in most Member States because of several factors which
include increases in population, larger numbers of
dwellings, lower number of inhabitants for dwelling and
in particular income effects and lower energy prices since
the 1985 / 86 oil price fall . However, increases in some
Member States, e.g. in the period 1980 / 90, Ireland 24%,
Italy 12%, Portugal 50%, have been offset by substantial
decreases in others, e.g. Denmark — decrease of 33 % in
the period 1980 / 90, Germany — decrease of 8%,
producing an overall decrease in residential energy
consumption for the EUR-12 in the period 1980 / 90
of 2 % .

15 . 8.92 Official Journal of the European Communities No C 209 / 33

WRITTEN QUESTION No 3075 / 91 The Commission is now considering other ways of
by Mr Joaquim Miranda da Silva and Mr Sérgio Ribeiro improving the system for relaying information on cases of
fraud in this field .

( CG )
to the Commission of the European Communities

O OJ No L 377, 31 . 12 . 1983 .

13 January 1992 ) O OJ No 63, 20.4 . 1963 .

( 92 / C 209 / 64 ) O OJNoL374, 31 . 12 . 1988 .
O OJ No C 200, 9 . 8 . 1990 .

( 13 January 1992 )

Subject : Alleged fraud in the use of European Social Fund

resources in Portugal

Certain cases involving the diversion of Community ESF
resources intended for vocational training initiatives in
Portugal have become public knowledge in that country .

A very recent revelation was the news of alleged frauds
perpetrated by the autonomous authorities in Chaves and
Boticas ( district of Vila Real-Portugal ).

In view of the major dispute over the interpretation of
Article 128 of the EEC Treaty as regards the intended
beneficiaries of the provision,

1 . Is the Commission aware of these facts ?

2 . What arrangements can the Commission make to

ensure transparency and correctness in the use of
Community funds intended for vocational training
initiatives, and how does it interpret Article 128 of the
EEC Treaty ?

Answer given by Mr Delors
on behalf of the Commission

(6 April 1992 )

Portugal has notified the Commission of cases of
suspected irregularities in the management of the
European Social Fund in accordance with Article 7 of
Commission Decision 83 / 763 / EEC of 22 December

1983 (*). At present 328 cases are being dealt with . The
Commission has decided to bring a civil action in 27 cases .

The Commission is anxious that the national authorities

should improve their vocational training structures, in
particular as regards the criteria for access to and
financing by the new programmes . It has also adopted
general principles for the implementation of a common
policy on vocational training based on Article 128 of the
Treaty in its Decision 63 / 266 / EEC of 2 April 1963 ( 2 ).

Article 23 of Council Regulation ( EEC ) No 4253 / 88 of

19 December 1988 lays down rules to ensure the proper
use of Community funds ( 3 ).

For the sake of greater transparency in the use of
Community funds the Commission drew up a Code of
Conduct which was notified to the Member States on 30
July 1990 ( 4 ).

By its judgment of 13 November 1991 in Case C-303 / 90
the Court of Justice declared the Code of Conduct void .

WRITTEN QUESTION No 3081 / 91

by Mr Jesús Cabezón Alonso ( S )
to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 209 / 65 )

Subject : EEC-EFTA — cohesion and free movement of

persons

In the context of the new relations between the EEC and

the EFTA countries, there will be freedom of movement
for persons and workers .

What arrangements for social and economic cohesion are
planned to prevent possible distortions of competition in
the labour market and other spheres ?

What financial instruments and accompanying measures
are planned to achieve convergence in the field of social
protection ?

Answer given by Mr Andriessen

on behalf of the Commission

(9 April 1992 )

In order to help avoid distortions of competition in the
labour market, it is envisaged that the EFTA countries
should, as part of the EEA, introduce into their internal
legal order, the Community 's acquis in the field of health
and safety at work, labour law and equal treatment for
men and women . The Commission would refer the
Honourable Member in this regard to its reply to his
Written Question No 3080 / 91 (').

It is also envisaged that the Contracting Parties should
seek to strengthen cooperation in the framework of
Community activities in the fields of social policy more
generally . It has been agreed that the EFTA States should,
in this connection, from the entry into force of the EEA
Agreement, participate within the framework of the

Community actions for the elderly .

As regards the reduction of economic and social
disparities more generally, the Commission would refer
the Honourable Member to its reply to Written Question
No 2721 / 91 from Mr Cushnahan ( 2 ).

(') OJ No C 162, 29 . 6 . 1992, p. 42 .
O OJ No C 133, 23 . 5 . 1992, p. 25 .

No C 209 / 34 Official Journal of the European Communities 15 . 8 . 92

WRITTEN QUESTION No 3090 / 91

by Sir Jack Stewart-Clark ( ED )
to the Commission of the European Communities

( 13 January 1992 )

WRITTEN QUESTION No 3091 / 91

by Mr Bartho Pronk ( PPE )
to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 209 / 66 ) ( 92 / C 209 / 67 )

Subject : Environmental cases before the Court of Justice

Can the Commission supply details by Member State of
the number of cases brought before the European Court
of Justice on environmental matters since 1975 ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 12 May 1992 )

For the reasons given below the Commission does not
have detailed statistics on environmental cases brought
before the Court of Justice :

1 . There are numerous measures which are aimed at

protecting natural marine resources and which put
limits on fishing for certain fish . Traditionally,
however, these measures are grouped together under
the heading of ' fishing ' rather than ' environment '.
The same point can be made for measures relating to

nuclear safety or the freedom of movement of
products ( detergents, chemicals, cars, etc .): a case
brought before the Court of Justice by the
Commission for the non-transposition of a ' products '
Directive, for example, will often be classified under
the heading ' freedom of movement ' and not
' environment '.

2 . Many of the cases brought before the Court are never

heard, either because the Member State adapts or
amends its national laws or because it comes into line

with Community legislation .

3 . In the past the Court has been called upon to hand

down many judgments relating to the protection of
the environment under Article 177 of the Treaty . In
these cases the Member States are not directly
concerned, even though, indirectly, the laws or
practices of a Member State may be called into
question during the procedure .

If the Honourable Member still wishes to have the
statistics, the Commission suggests that he asks the Court
of Justice to supply them given that the classification of
such cases by the Court in its register would appear to be
the only reliable means of obtaining comparable data .

Subject : Improving the Commission procedure for
proposals pertaining to social matters

On 13 November 1991, Mrs Papandreou briefly replied to
my Written Question No 861 / 91 O on statements by Mr
Howard . Her answer gives rise to further queries :

1 . Will a new procedure be introduced for Directives on

social issues, as intimated by Mr Howard, without
consulting national experts ?

2 . If not, is Mr Howard 's statement inaccurate ?

3 . Why did the Commission take six months to answer

such a simple question ?

o OJ No C 112, 30 . 4 . 1992, p. 2 .

Answer given by Mrs Papandreou

on behalf of the Commission

(8 April 1992 )

Before making proposals for legislation in fields where no
appropriate statutory structures exist ( e.g. the Advisory
Committee on Health and Safety at the Workplace ), the
Commission considers it appropriate to consult the two
sides of industry at European level through the medium
of the social dialogue and likewise government experts .
The consultations with the two sides of industry are
carried out jointly .

Naturally, these consultations in no way bind the
Commission as regards the proposals it actually makes .

This procedure is not new .

WRITTEN QUESTION No 3 1 03 / 9 1

by Mrs Anita Pollack ( S )
to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 209 / 68 )

Subject : Air pollution and transport

As part of the Community 's target to stabilize vehicle
emissions, what is the Commission doing to promote a
modal shift for short journeys from cars to cycles ?

15 . 8.92 Official Journal of the European Communities No C 209 / 35

Answer given by Mr Van Miert

on behalf of the Commission

(5 May 1992 )

The Commission is currently studying a wide range of
policy options aimed at stabilizing vehicle emissions . In
this connection the Commission has recently transmitted
to the Council, Parliament and the Economic and Social
Committee a ' Green Paper on the impact of transport on
the environment . A Community strategy for sustainable
mobility ' (').

The Commission believes that increased use of bicycles
for short journeys could make an important contribution
to reducing both air and noise pollution and welcomes
any schemes to this end .

This is regarded as especially important in the urban
context, where private motor traffic is increasingly
recognized as a major cause of pollution and congestion .

As part of the follow-up to the Commission Green Paper
on the urban environment, financial assistance is being
provided to the European Cyclist Federation for the
production of a manual on cities for cyclists, the object of
this manual being to demonstrate to city authorities how
bicycles can, on the basis of existing examples, be
integrated more substantially into city transport
networks .

Consistent with the principle of subsidiarity, the decisions
as to precisely how cycles should be encouraged in
individual cities are the responsibility of the local
authorities .

o COM(92 ) 46 .

WRITTEN QUESTION No 3119 / 91

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 209 / 69 )

Subject : Imports of crowned crane, Grus balearica
regulorum

What scientific research has been carried out in the

exporting countries to demonstrate that imports into the
Community of the crowned crane, Grus balearica
regulorum, are not detrimental to the survival of this
species ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 23 April 1992 )

International trade in specimens of this subspecies is
covered by the provisions of Cites, and imports into the

Community are thus regulated under Council Regulation
( EEC ) No 3626 / 82 (').

As the crowned crane is not included in Annex C to this

Regulation, it is currently not possible to restrict imports .

Such a measure would, however, become available with
the adoption of the Commission 's proposal for a Council
Regulation laying down provisions with regard to the
possession of and trade in specimens of species of wild
fauna and flora ( 2 ).

o OJ No L 384, 31 . 12 . 1982 .
O COM(91 ) 448 final .

WRITTEN QUESTION No 3131 / 91

by Sir James Scott-Hopkins ( ED )
to the Commission of the European Communities

( 24 January 1992 )

( 92 /C 209 / 70 )

Subject : Citizens ' Charters

Has the Commission noted the British Government 's
proposals for a Citizens ' Charter ? What proposals does it
have for a European Citizens ' Charter ?

Answer given by Mr Delors
on behalf of the Commission

( 18 May 1992 )

The Commission knows about the Citizens ' Charter

adopted by the United Kingdom Government in July

1991, which is designed mainly to improve public services .
The United Kingdom Government has in mind measures

aimed exclusively at its national or local authorities .

The Commission 's priority task is to implement the
provisions relating to European citizenship embodied in
the Treaty on European Union concluded at Maastricht
( rights of residence and movement, voting rights,
diplomatic and consular protection ). Once this Treaty has
come into force, the Commission, pursuant to Article 8e,
will report to Parliament, the Council and the Economic
and Social Committee on the application of the provisions
relating to European citizenship . On this basis the
Council will, in due course, decide, under the procedure
set out in the second paragraph of Article 8e of the Treaty
on European Union, whether it is necessary to
supplement the rights of European citizens .

No C 209 / 36 Official Journal of the European Communities 15 . 8 . 92

WRITTEN QUESTION No 3164 / 91
by Mr Friedrich Merz and Mr Karsten Hoppenstedt ( PPE )

to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 209 / 71 )

Subject : Incorporation into German law of Council

Directives on the award of public works
contracts and public supply contracts and the
Council Directive on the application of review
procedures to the award of public supply and
public works contracts

1 . What objections does the Commission have to the
way in which the Council Directives on the award of
public works and supply contracts have been incorporated
into German legislation by means of the Regulation on
the Award of Public Works Contracts ( VOB ) and the
Regulation on the Award of Public Service Contracts
( VOL ) and the relevant German budget provisions
( Council Directives 71 / 305 / EEC ('), 88 / 295 / EEC ( 2 )
and 89 / 665 / EEC 0 ).

2 . Does the Commission consider that the Council

Directives on public works and supply contracts must be
implemented by means of a comprehensive national law
providing channels of legal redress for tenderers who
have been placed at a disadvantage ?

3 . Are there misgivings about provisions introduced by
Germany to implement the coordination and review
directives in the light of Community legislation ?

0 ) OJ No L 185, 16 . 8 . 1971, p . 5 .
O OJ No L 127, 20 . 5 . 1988, p . 1 .
O OJ No L 395, 30 . 12 . 1989, p . 33

Answer given by Mr Bangemann

on behalf of the Commission

( 18 May 1992 )

The Commission has initiated the infringement procedure
provided for by Article 169 of the EEC Treaty against the
Federal Republic of Germany on the grounds that : the
national measures which this Member State submitted to

implement both Council Directive 89 / 440 / EEC
amending Directive 71 / 305 / EEC concerning
coordination of procedures for the award of public works
contracts and Council Directive 88 / 295 / EEC amending
Directive 77 / 62 / EEC relating to the coordination of
procedures on the award of public supply contracts are
incompatible with the Community legislation, particularly
since they establish no rights for individuals . The
Commission also points out that the time limit for
implementing Council Directive 89 / 665 / EEC on the
coordination of the laws, regulations and administrative
provisions relating to the application of review procedures
to the award of public supply and public works contracts
expired on 21 December 1991 . The Commission is
considering which action needs to be taken on this
subject .

The Commission draws attention to the fact that the

Member States are free to choose the legal instruments
employed to implement the Directives in question .
Naturally, this applies only on condition that the
instrument chosen creates individual rights to the benefit
of citizens, who must be in a position to exercise these
rights and, if necessary, invoke them before the national
courts ( cf . Cases C-59 / 89, C-361 / 88 and C-58 / 89,
Commission v. Federal Republic of Germany ). The
Commission considers that the form of implementation
chosen by the Federal Government fails to satisfy this
condition since it creates no legally binding rules which
individuals could invoke .

WRITTEN QUESTION No 3166 / 91

by Mr Henry McCubbin ( S )
to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 209 / 72 )

Subject : Cheap importation of chicken products into the

Community

Is the Commission aware that the price of imported
chicken products has fallen dramatically over the last
year ? The break-even price for chicken producers in the
UK is £ 1,80 per pound . Chicken supplies by Thailand

and Brazil have been available from £ 1,18 per pound
ex-ship at Rotterdam . Further reports suggest that EC
countries are buying in chicken meat from Eastern
Europe and then selling it on in the Community as
Community produce . Is the Commission aware that these
third countries are purchasing grain, which accounts for
70% of the diet of poultry, from the Community at half
the farm price which our producers have to pay . Does the
Commission have any plans to investigate the above
situation before irreparable damage is done to our
chicken industry ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(1 April 1992 )

In accordance with other information received from the

United Kingdom at the end of 1991, it is assumed that the
products referred to by the Honourable Member are
chicken breast fillets . For these products, imports at prices
below sluice-gate price level had been proven about a year
ago . Consequently, the Commission imposed additional
levies on imports from Brazil, Thailand, Hungary ( March
to May 1991 ), Czechoslovakia ( April to July 1991 ) and
China ( April to December 1991 ). In recent months, there
were no complaints from Member States or the poultry

industry about imports at too low prices until the

15 . 8.92 Official Journal of the European Communities No C 209 / 37

Honourable Member 's present question and other
information received from the United Kingdom .

The Commission is well aware of the level of grain prices

on the world market . To make up for the incidence of
higher grain prices on poultrymeat production costs in the
Community, a levy is imposed on imports from third
countries, the so-called grain element of which is derived
from the difference between feed prices in the
Community and on the world market, calculated every
quarter . In addition, supplementary amounts may be
levied if free-at-frontier prices fall below the EEC
sluice-gate prices . These amounts are imposed on the
basis of information on import prices received regularly
from Member States, and the Commission does not
hesitate to start an investigation into both current import
prices for boned chicken meat and supposed practices of
selling third country chicken meat as Community
produce .

Under normal circumstances, however, the Commission
can only provide protection up to the total of sluice-gate
price and levy . For boned chicken meat, this sum amounts
to Ecu 390 per 100 kg, which is equal to £ 1,41 per lb .
This is substantially below the break-even costs
mentioned, which seem to be out of line with costs in most
other Member States .

WRITTEN QUESTION No 3196 / 91

by Mr Virgilio Pereira ( LDR )
to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 209 / 73 )

Subject : Surveys by European consumer organizations

One of the objectives of the three-year action programme
( 1990-1992 ) published by the Commission in respect of

1990 as part of the Community 's consumer policy is
concerned with better information for consumers .

What comparative surveys were carried out by European
consumer organizations at Community level, particularly
by the BEUC ( European Bureau of Consumers ' Unions )
and promoted by the Commission to provide consumers
with better information concerning the prices and quality
of goods and services, thereby ensuring that they are
better informed and hence able to compare and select the
best value ?

What future surveys are envisaged ?

Answer given by Mr Van Miert

on behalf of the Commission

( 30 March 1992 )

The BEUC ( European Bureau of Consumers ' Unions )

has carried out the following comparative studies at
Community level on the prices and quality of products
and services :

1990

Prices of car spare parts in the EEC with regard to
Regulation ( EEC ) No 123 / 85

Cross-border survey on prices, guarantees and after-sales
service of durable consumer goods in the EEC

Term insurance in the EEC .

1991

Holiday money

Transparency of the cost of cross-border transactions

Parallel import market for cars in the EEC

The home banking system .

In addition to these specific studies, the Commission
provided financial support in 1991 to International
Testing Limited, which is a group of several consumer

associations whose aim is to carry out joint comparative
tests . The objective was four-fold :

— to study the current situation with regard to
comparatice tests in the EC to help identify ways of
making improvements in view of the completion of the
single market ;

— to help set up a database on the results of comparative

tests and to facilitate access to it ;

— to develop methods of assessing goods to take better

account of the specific requirements of disabled

consumers ;

— to improve the system of communication between

consumer associations which organize joint
comparative tests .

The Commission plans to carry out similar activities in

1992, the two aims being :

— to encourage consideration of the single market

dimension in comparative tests, in particular in the
publication of results ;

— to explore new ways of presenting the results of

comparative tests .

No C 209 / 38 Official Journal of the European Communities 15 . 8 . 92

WRITTEN QUESTION No 3202 / 91

by Mr Madron Seligman ( ED )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 209 / 74 )

Subject : Spurious marketing techniques

Tempting offers of prizes continue to be made to
members of the public, who subsequently find that the
prize was illusory and they may then be subjected to ' hard
sell ' marketing tactics .

Another technique offers prizes, but requires the ' winner '
to send money to secure the prize . Gullible people may in
this way be defrauded of their money .

A constituent of mine whose suspicions were aroused sent
me copies of documentation mailed by a firm apparently
domiciled in the Netherlands .

When the Commission answered Question
No 1042 / 89 (') in February 1990 concerning a similar
nefarious practice of cross-frontier fraud, the
Commission gave a somewhat nebulous undertaking to
investigate the problem .

It should not be necessary for articulate citizens, such as
my constituent, to incur the expense of instituting
criminal proceedings in another Member State . Failing
such action, citizens of the EC will remain vulnerable to
unscrupulous trading methods .

Justice of the nine Community countries on the carrying

out abroad of penal sentences . When this has been ratified
and enters into force, the Convention will certainly
increase the protection of consumer interests in
cross-frontier lawsuits . It will then be possible to carry out
a judgment on the territory of another Member State
provided that this also penalizes the trading practices at
issue .

WRITTEN QUESTION No 3219 / 91

by Mr Carlos Robles Piquer ( PPE )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 209 / 75 )

Subject : Strict respect for the ' acquis communautaire ' in

future accession negotiations

Commenting on the satisfactory outcome of the
negotiations leading to the creation of the European
Economic Area ( EEA ) Mr Delors, the Commission
President, gave his assurance that the EFTA countries
would adopt all existing Community legislation relating
to the four freedoms, adding that the adoption by 1993 of
the entire ' acquis communautaire ' created over the last 30
years would require enormous efforts by these countries .

Will the Commission now recognize that a serious Can ' the Commission guarantee ' that respect for the entire
problem exists and undertake some positive action to acquis communautaire will be an unequivocal
protect EC citizens generally ? requirement during future negotiation with any countries

wishing to join the European Community as full
o OJ No C 303, 3 . 12 . 1990, p. 10 . members, whatever their economic or social conditions
may be ?

Answer given by Mr Van Miert

on behalf of the Commission

( 31 March 1992 )

The Commission is still examining the matters and
difficulties raised by cross-frontier dishonest trading
practices .

The problems raised by the Honourable Member are to
be dealt with by bolstering the remedies open to
consumers and also the cooperation between the
authorities in the various Member States .

The legal complexity attached to cross-frontier situations
does not enable adequate solutions to be found easily and
quickly . Very recently these problems were again
discussed among senior representatives of the relevant
authorities from the EEC and EFTA countries as part of a
conference held by the Danish authorities, with the
support of the Commission .

A contribution to the solution of these problems may also
be found in the Convention signed by the Ministers of

Answer given by Mr Andriessen

on behalf of the Commission

(9 April 1992 )

As the Honourable Member will be aware, Article 237

EEC Treaty, the text of which is reproduced mutatis

mutandis in the final provisions of the Maastricht Treaty
on European Union, provides that ' the conditions of
admission and the adjustments to this Treaty necessitated
thereby should be the subject of an agreement between
the Member States and the applicant State '. The
Commission, for its part, has stressed, in its opinion on
Austria 's application for membership of the Community,
that, ' in the accession negotiations, the Community will
have to take as a basis the Community rules and structures
as they emerge from the two intergovernmental
conferences, following completion of ratification
procedures, including the results concerning Foreign
Policy and Security '.

15 . 8.92 Official Journal of the European Communities No C 209 / 39

WRITTEN QUESTION No 3227 / 91

by Mrs Christine Oddy ( S )
to the Commission of the European Communities

Yugoslavia which intimidate the local population
including Serbs ?

What steps are the European Community observers

January 1992 ) taking to monitor the situation and reduce intimidation ?

( 92 / C 209 / 76 )

( 28 January 1992 )

Subject : French ' mission locales '

What information does the European Commission
possess about French ' mission locales ' — advice centres
for young people ?

What range of advice do they give and do similar advice
centres exist in other European countries ?

Would the European Commission consider establishing

or encouraging European initiatives ?

Answer given by Mrs Papandreou

on behalf of the Commission

(8 April 1992 )

French ' missions locales ' were created and publicly
funded in 1983, to deal with all the different problems
that young people lacking socio-economic integration
have to face . These advice centre are entitled to provide
information, guidance, and help in fields such as training,
jobs, welfare services, housing et cetera . Their main
characteristic is their individual, flexible and
inter-institutional approach, avoiding bureaucratic
procedures, suitable for young people and specifically
those who are disadvantaged .

All other Member States have set up some kind of advice
centres for young people, although generally they deal
with a more narrow range of issues ( employment being
dealt with through other structures for instance ).

In the framework of the Petra Programme, adopted by
the Council on 22 July 1991 ('), specific funding is
available for initiatives in the field of vocational guidance
and counselling . Support can be provided for projects
aiming at the improved exchange of data on vocational
guidance and information, and for projects to enable
guidance and counsellors to improve their training and
team from European-wide experience .

o OJ No L 214, 2 . 8 . 1991 .

WRITTEN QUESTION No 3230 / 91

by Mrs Christine Oddy ( S )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 209 / 77 )

Subject : Extreme right-wing organizations in Yugoslavia

Has the Commission heard allegations of extreme right ­
wing organizations and vigilant groups operating in

Answer given by Mr Matutes

on behalf of the Commission

(9 April 1992 )

Although it has no first-hand information the
Commission is well aware that acts of brutality are being
perpetrated in Yugoslavia, not only by the Federal army
but also by other undisciplined groups .

The Community and its Member States have repeatedly
denounced violence in all its shapes and forms,
irrespective of the guilty party .

The Community observers ' main task is to see that the
cease-fire is observed . On the ground they have managed
time and again to restore calm and forestall violence .

WRITTEN QUESTION No 3245 / 91

by Mr José Lafuente Lopez ( PPE )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 209 / 78 )

Subject : Community aid for opening consumer offices

There are now three consumer information offices in the

Community ( in Lille, Luxembourg and now Barcelona ),
with doubtless many more to follow in all parts of the

Community . As these offices are promoted by the
European Community and co-financed by local consumer
organizations, it would be useful to other European cities
interested in setting up similar offices if the Commission
were to provide the following details :

— under what conditions does the European Community

promote these offices ?

— what percentage of aid can be expected when one is set

up ?

— how is the relevant application submitted ?

— what public or private bodies have access to the

information provided ?

No C 209 / 40 Official Journal of the European Communities 15 . 8 . 92

— under what conditions may private individuals have

access to the computerized data held in these offices ?

Answer given by Mr van Miert

on behalf of the Commission

(1 April 1992 )

The Consumer Information Offices that have already
opened in several frontier areas of the Community with
financial support from the Commission form part of
consumer information policy under the three-year action
plan of the Commission 's Consumer Policy Service .

Their task is to inform and assist consumers in

cross-border transactions, which are set to increase in the
context of the single market .

Requests for aid to set up a Consumer Information
Office, which may be submitted by public or private
entities, must be sent directly to the Commission 's
Consumer Policy Service . It analyses and assesses requests
on the basis of criteria which take account of the
suitability of the projects to meet, albeit not exclusively,
consumer 's needs for information and assistance with

cross-border transactions in the area concerned .

The Commission finances 50 % of the annual costs of the
projects selected, with a current aid ceiling of
Ecu 150 000 .

The services provided by the Consumer Information

Offices, and their relative importance, depend on the
specific characteristics and requirements of the area
covered .

Management of the information supplied, in particular
specific management of database access, is in principle the
responsibility of the Consumer Information Offices
themselves, whose rules grant them total autonomy in
operational management . However, the Commission
considers that the role of these centres is to provide
information and assistance to consumers in an open,
accessible form .

In this light, the Commission ensures that the functioning
and services supplied by the Consumer Information
Offices are as accessible as possible to all citizens, in terms
both of equipment and administrative procedures .

WRITTEN QUESTION No 3250 / 91

by Mr George Patterson ( ED )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 209 / 79 )

Subject : EC Mark

In the event of manufacturers objecting on religious
grounds to the use of the EC Mark, would a written

declaration in some or all of the Community languages
affirming that the product conformed to the standards
provided for in the relevant Directives be accepted as
equivalent ?

Answer given by Mr Bangemann

on behalf of the Commission

(2 April 1992 )

All Community legislation which provides for the affixing
of the EC Mark has been drawn up under the New
Approach to technical harmonisation and provides for the
issue either of a declaration of conformity by the
manufacturer or a certificate of conformity by an
independent certification body .

The affixing of the EC Mark is the final stage of the
process of demonstrating conformity and is the concrete
materialization on the products in question of the
declaration or certificate of conformity . The EC Mark is
there for market control purposes and its absence leads to
a presumption of non-conformity of the product .

Manufacturers who object to affixing the EC Mark
themselves, on religious grounds, can have recourse to an
agent established on the territory of the Community
which they can mandate to affix the mark in their name .

Any other solution such as that of derogation from the
obligation to affix the mark would only undermine the
very objective of the mark .

WRITTEN QUESTION No 3252 / 91

by Mr Henry McCubbin ( S )
to the Commission of the European Communities

( 29 January 1992 )

( 92 / C 209 / 80 )

Subject : Health and safety of air crews in regard to flight

time limitations

Negotiations are at present proceeding between certain
Member States and the Joint Aviation Authority with
regards to flight time limitations for air crews . It is noted
that in COM(90 ) 442 final reference is made to
cooperation in the implementation of Joint Aviation
Requirements in all fields related to safety of aircraft and
their operation . JARs are now being discussed by the JAA
in the area of flight time limitations . As health and safety
issues are rightly harmonized at Community level
( 89 / 391 / EEC ) (') can the Commission state what

15 . 8.92 Official Journal of the European Communities No C 209 / 41

involvement they have in these discussions and when they
hope to bring forward appropriate legislation ?

O OJ No L 183, 29 . 6 . 1989, p. 1 .

Answer given by Mr Van Miert

on behalf of the Commission

( 14 May 1992 )

The Commission 's services have participated, as
observers, in the Joint Aviation Authority ( JAA ) Study
Group on Flight Time Limitation since January 1990 . The
recommendations of this study group are now under
consideration by the Operations Committee of the JAA .

In parallel with this work, the Commission is also seeking
the opinion of the social partners in the Joint Committee
for Civil Aviation on the JAA Study Group proposal .

On the basis of the JAA 's requirements and the opinion of
the Joint Committee for Civil Aviation, the Commission
expects to present proposals for a Community-wide
scheme for the regulation of flight and duty time
limitations and rest requirements for air crews .

Prior to presenting these proposals, the Commission will
take note of existing Community provisions on
occupational health and safety .

on private, public and high-risk premises
pre-standardization work subsidized by the Commission,
on the classification of representative combinations of
upholstering products and covering products will be
completed by the end of 1994 .

The pre-normative programme received a broad
consensus at a consultation meeting held on 29 January

1992 as regards the examination of behaviour following
ignition . It should be possible to draw up the
implementation timetable in September .

The study being conducted by a consultant of any toxicity

and ecotoxicity problems should be completed in late

1992 as regards normal uses and the effect of discarding
on the environment, whereas part of the study on gas
toxicity in the event of fire is linked with the activities
mentioned under 2 .

It is not possible to draw up a precise timetable for the
sending of a Directive to the Council at this stage . In view
of the state of progress reached by the various activities
mentioned the Commission hopes to be able to draw up a
more detailed timetable by next autumn which should also
take account of the normal procedural deadlines for the
effective entry into force of that Directive in the Member
States .

WRITTEN QUESTION No 3272 / 91

by Mr Yves Verwaerde ( LDR )
to the Commission of the European Communities

( 29 January 1992 )

WRITTEN QUESTION No 3263 / 91
( 92 / C 209 / 82 )

by Mr Kenneth Collins ( S )
to the Commission of the European Communities

( 29 January 1992 )

( 92 / C 209 / 81 )

Subject : Furniture fire safety

The Commission has delayed the submission of its
proposal relating to furniture fire safety until after
research has been conducted .

Will the Commission say what timescale is foreseen for

the completion of this research, what form the research
will take, and the date on which it is now envisaged that
the proposal will be submitted ?

Answer given by Mr Bangemann

on behalf of the Commission

(1 April 1992 )

In addition to the standardization activities in progress on
the ' ignitability ' of upholstered furniture and matresses

Subject : Fight against drugs

Regarding the European programme to combat drug
abuse, could the Commission say whether the ' European
Drug Observatory ' that was to have been set up in
collaboration with the European Committee concerned
with prevention of drug abuse has in fact commenced
operations ?

Answer given by Mr Delors
on behalf of the Commission

( 10 April 1992 )

On a proposal from the European Committee to Combat
Drugs ( Celad ), the European Council in Rome on 14 / 15
December 1990 adopted a European plan for combating
drugs which looked favourably on the creation of a
' European Drugs Monitoring Centre '. The Commission,
which had been entrusted by Celad with the task of
carrying out a feasibility study for the Centre, presented
the study, produced in close liaison with the Member
States, on 17 May 1991 . On this basis, the

No C 209 / 42 Official Journal of the European Communities 15 . 8 . 92

Luxembourg European Council ( 28 / 29 June 1991 )
approved the creation of the European Drugs Monitoring
Centre . In the light of Celad 's subsequent position ( 27
September 1991 ) in favour of an institutional option
enabling the future Centre to become a ' Community legal
entity ', on 27 November 1991 the Commission adopted a
' proposal for a Council Regulation on the establishment
of a European Drugs Monitoring Centre and a European
Information Network on Drugs and Drug Addiction (').

This proposal is now being examined by the Council,
Parliament and the Economic and Social Committee . The

Maastricht European Council ( 9 / 10 December 1991 )
urged the Council to adopt this proposal by 30 June 1992 .

Although the European Drugs Monitoring Centre has not
yet become operational, the feasibility study and
preparatory work carried out by the Commission have
already served to define its objectives, tasks and potential
functions .

o COM(91 ) 463 final .

WRITTEN QUESTION No 3274 / 91

by Mr Francesco Speroni ( ARC )

Answer given by Mr Van Miert

on behalf of the Commission

( 13 May 1992 )

International rules ( ICAO ) dictate that pilots of aircraft
must be in possession of a valid licence .

To ensure that the holder of such a licence is fit to fly, the

licence is conditional on the passing of regular medical
examinations . The frequency of these examinations is a
function of the type of licence and the age of the holder .

In most Member States these examinations are carried out
by doctors authorized for such activity by the national
aviation administration .

It is generally considered that these authorized doctors
should have experience of the aviation aspects of
medicine .

However, the approval of suitable qualified medical staff
to carry out examinations for the issue of pilots licences is
the responsibility of the national administrations . If
insufficient approved staff is available in any one Member
State then that administration is free to approve
additional staff .

WRITTEN QUESTION No 3281 / 91

by Mrs Cristiana Muscardini ( NI )
to the Commission of the European Communities

to the Commission of the European Communities
( 29 January 1992 )

( 29 January 1992 )

( 92 / C 209 / 84 )
( 92 / C 209 / 83 )

Subject : Aviation : medical check-ups in Italy

Contrary to the situation in other Member States, in Italy
holders of pilot 's licences or certificates cannot be
examined by appropriately qualified doctors when
undergoing the regular medical check-ups required for
their licences to be renewed . Instead, they have to apply to
military bodies, resulting in a degree of inconvenience,
for, notwithstanding the rules laid down in Presidential
Decree No 566 of 18 November 1988, there are very few
such services, their duty hours are limited, and staffing
levels are low .

Similar inconvenience is suffered by holders of licences
and certificates issued by the aviation authorities of other
Member States who, by force of circumstances, have to be
examined in Italy at the time when their licences are about
to expire .

Will the Commission take steps with a view to ensuring
that pilots in Italy may also be examined by non-military
personnel ?

Subject : Road safety devices

Does the Commission not believe that it should issue a
regulation to improve road safety by introducing :

1 . a third brake light, fitted in a conspicuous place ( this
system has already been in use in the United States for
some years ).

2 . an electro-mechanical system to switch on all four
directional indicators ( or hazard-warning lights ) as
soon as a driver applies fierce pressure to the brake
pedal ? ( His attention would thus not be distracted
from driving as he attempted to find the switch, and
he would be able to concentrate fully on dealing with
the emergency situation ).

Answer given by Mr Bangemann

on behalf of the Commission

( 14 April 1992 )

Vehicle lighting is covered by Council Directive
76 / 756 / EEC (*). This Directive was last amended by
Directive 91 / 663 / EEC ( 2 ).

15 . 8 . 92 Official Journal of the European Communities No C 209 / 43

During the preparation of this last amending Directive the
question of the third brake light was considered . There
was not a qualifying majority among the Member States
in favour of requiring, nor in favour of permitting the
third brake light . Consequently the Directive does not
permit the fitting of the third brake light . When the
Directive becomes mandatory for the Single Market, no
Member State will be permitted to allow the registration
of vehicles unless they conform to the Directive, so the
third brake light will cease to be allowed to be fitted to
new vehicles sold in the Community .

The Commission could not defend the use of the hazard
warning signal ( all direction indicators ) to indicate hard
braking . Whenever a driver, driving at speed, applied full
braking, the hazard warning signal would be activited .
This could be particularly confusing when a driver braked

before turning off to the right or to the left because no
direction signal could be given while the hazard warning
signal was flashing .

Answer given by Mrs Scrivener

on behalf of the Commission

( 27 April 1992 )

The Commission proposal referred to by the Honourable

Member is currently under discussion in the Council and
it is hoped that agreement will be reached in the near
future .

In so far as fuels for inland waterway vessels are
concerned, the position of the Commission remains as set
out in its proposal and as approved by the Parliament that
is in favour of an exemption for this means of transport .

WRITTEN QUESTION No 9 / 92

O O OJ OJ No No L L 262 366,, 27 31 . . 9 12 . 1976 . 1991 . . by Mr Ernest Glinne ( S )

to the Commission of the European Communities

(4 February 1992 )

( 92 / C 209 / 86 )

Subject : The Yanomami Indians and the Equatorial

WRITTEN QUESTION No 1 / 92

by Mr Leen van der Waal ( NI )
to the Commission of the European Communities

(4 February 1992 )

( 92 / C 209 / 85 )

Subject : Excise duty exemption for diesel fuel used by

inland waterway vessels

In its proposal for a Council directive on harmonization
of the structures of excise duties on mineral oils
( COM(90 ) 434 final ) the Commission proposes that fuel
for inland waterway vessels be exempt from excise duty .
This follows on from Article 1 of the 1952 Agreement
relating to duties and taxes on fuel used by inland
waterway vessels on the Rhine and is intended to
strengthen the competitive position of inland waterways
as a relatively environmentally-acceptable form of
transport . In addition, the European Parliament has
approved this exemption .

According to press reports the German Government is

attempting to abolish this excise duty exemption .

1 . Can the Commission confirm this ?

2 . Can it say whether this matter has been discussed in

Council and whether it has received any support
there ?

3 . Will it continue to advocate excise duty exemption for

inland waterway vessels ?

forests

The destruction of the Equatorial forests and the
environment of the Indians who inhabit this area is a
global problem . The example of the Yanomami indians is
particularly poignant . Their territory has been invaded by
thousands of gold prospectors who kill, ill-treat and
terrorize them, steal their food and destroy their food

crops .

The gold prospectors also destroy the forest, pollute the

rivers and their local fauna and spread diseases against
which the Indians have no defences . Since 1989, malaria
has reached epidemic proportions, in many cases
afflicting entire villages and making the natives unable to
hunt or cultivate crops . As a result, the numerous diseases
have been complicated by malnutrition . Between 1987 and

1990, almost 13 % of the Yanomami population was wiped
out as a result of this encroachment by the goldminers .
The destruction of one of the largest and most culturally

intact ethnic groups of the Amazon area was therefore
accelerated despite the protection promised by the
President, Mr Collor .

Any attempt to protect the forest and its inhabitants must

involve recognition of the rights and interests of the
indigenous peoples and, in particular, their territorial
rights .

According to an anthropologist of the University of
Chicago, Mr Terry Turner ( In These Times ('), May 1991

1991, No 21 ), the ideal would be to find a political
solution to enable the indigenous peoples themselves to
protect and control all exploitable resources of the forest .

No C 209 / 44 Official Journal of the European Communities 15 . 8.92

What is the Commission 's view on the policy to be
followed, and what steps have already been taken in this
direction ?

(') In These Times : American revue : 1912 Debs . Av ., Mt . Morris,

IL61054 .

Answer given by Mr Matutes

on behalf of the Commission

( 14 April 1992 )

Since the European Council held in Dublin in June 1991
recommended increasing the Community contribution to
tropical forest conservation and, in particular, stepping up
Community cooperation with the countries concerned,
the Commission has initiated various schemes .

Under a specific budget heading entered at Parliament 's
request ( budget heading B7-5040, ex Article 946,
Environment in the developing countries ), the
Community has started cooperation projects in tropical
forest conservation particularly intended for the Indians .

Thus, in 1990, Ecu 620 000 was allocated to projects

aimed directly at forest conservation in Asia and Latin
America, with Ecu 340 000 of this going directly to
schemes involving Indians .

In 1991, Ecu 1 825 000 went directly to tropical forest
conservation in Latin America and Asia, including
Ecu 600 000 to schemes involving indigenous peoples .

The Commission considers tropical forest conservation a
complex, multi-disciplinary matter in which a
combination of responses ( political, social, economic,
research, training and new technologies ) is the only way
of checking the phenomenon of deforestation and
making forest conservation compatible with the need for
an adequate income . One such response is to recognize
the proven ability of the indigenous peoples to manage
their forest ecosystems — as they have been doing for
thousands of years — and to support alternatives that will
enable those concerned ( i.e. the indigenous Indians,
colonists and rubber tappers ) to participate ( each as is
appropriate to their way of life ) in the sustainable
conservation of the forest .

Where the indigenous peoples are concerned, one
possible method would be for the governments ( of Brazil,
Colombia and Bolivia ) to make over clearly defined
territories to the tribes in question and to organize
collaboration between the Indian populations,
government departments and specialist NGOs with a view
to achieving autonomous management of the territories
by the indigenous communities .

Against this background the Community decided to
support a project in Colombia ( project 89 / 32 under
former Article 946 ) which dovetails with the Colombian
' resguardos ' project ( communal ownership of land ) in

which the aim is to give 18 million ha back to the
indigenous peoples .

In Brazil the Community is supporting the expansion of
the NCI, an indigenous peoples research centre ( project
91 / 019, under budget heading B7-5040 ). The aim is to
promote awareness and development of Indian forest
conservation practice . Collaboration is also underway
with the IEA, an institute for Amazonian studies, with
particular emphasis on seeking ways of protecting forests .

A further example of cooperation between the
Community and Brazil under heading B7-5040 concerns
the efforts to combat mercury pollution . This programme
has made it possible to measure the level of contamination
in the Tapajos valley and to put forward proposals for less
contaminating methods of extracting gold .

In partnership with the World Bank and the Brazilian
Government, the Commission is also helping to draw up a
pilot project for forest conservation in Brazil . This will
involve the indigenous peoples and provides for active
participation by NGOs . The Community has decided to
contribute just under Ecu 12 million towards financing
project preliminaries .

Under the new guidelines for cooperation with
developing Asian and Latin American countries, 10% of
— all appropriations are set aside for cooperation in matters

relating to the environment and tropical forests, which
means that it will be possible this year to start up
significantly dimensioned cooperation projects in support
of the developing countries ' own efforts .

WRITTEN QUESTION No 12 / 92

by Mr Roberto Speciale ( GUE )
to the Commission of the European Communities

(4 February 1992 )

( 92 / C 209 / 87 )

Subject : 1992 ceiling for aid to shipyards

It will soon be necessary to set the 1992 ceiling for aid to
shipyards in accordance with the relevant Directive in

1991, the method of determining the ceiling was the target
of criticism, for example the fact that the reference to
more competitive performance should not be applied to
one shipyard only but rather to a number of the best
shipyards and, more generally, concerning inadequate
analysis of internal and international statistics . In reply to
my Written Question No 400 / 91 ('), the Commissioner
responsible replied that the Commission was ' prepared to
consider constructive suggestions for improvement in the
methodological approach '. Since the ceiling has already

15 . 8.92 Official Journal of the European Communities No C 209 / 45

been reduced to 13% and any further reduction would be international competitors, the Commission decided to set
likely to create serious difficulties for the European the ceiling at 9 % .
shipbuilding sector as a whole, will the Commission, in
setting the 1992 ceiling, modify certain aspects of the old
method of calculation, taking account of the above
observations ? Does the Commission share current
concern at the possible difficulties arising from a further
reduction in the ceiling ? WRITTEN QUESTION No 14 / 92

by Mr Detlev Samland ( S )
(') OJ No C 227, 31 . 8 . 1991, p. 21 .
to the Commission of the European Communities

(4 February 1992 )

( 92 / Q 209 / 88 )

Answer given by Sir Leon Brittan

on behalf of the Commission

( 15 April 1992 )

The Commission would like to point out to the
Honourable Member that at its meeting on 1 8 December
1991 it decided to set the ceiling for 1992 at 9% . For small
ships costing less than Ecu 10 million and ship conversion,
the ceiling was fixed at 4,5 % .

As required under Article 4(2 ) of the Seventh Council
Directive on aid to shipbuilding, the Commission was
obliged to set the revised ceiling with reference to the
prevailing difference between the cost structures of the

most competitive Community yards and the prices charged
by their main international competitors, with particular
regard to the market segments in which the Community
yards remain relatively most competitive . As in previous
years, a basic element of the Commission 's assessment of
the prevailing cost / price differential was an objective
market study conducted on its behalf by an independent
consultant, plus other relevant market information .

The market study this year was carried out during the
second half of 1991 . In close collaboration with the
Community 's shipbuilding industry and was more
representative than ever before, covering a bigger range
of ship types in the cost / price comparison ( 12 ship types
were included compared with eight last year, a 50%
increase ) and a significantly increased sample of
participating yards ( 21 yards, almost double the size of
the previous year when 1 1 yards were involved ).

The most competitive costs for each one of a wide range
of vessel types were therefore established on the basis of
information from a number of different yards . Since the
yard quoting the lowest costs varied according to ship
type(s ), the consultants ' conclusions were not based on
the costs of any single yard alone, but a diversity of yards,
each of which were the most competitive in their
particular market segment(s ).

The findings of the study clearly showed an improvement

in the competitive position of EC yards and identified a
significant narrowing in the cost / price gap compared with
previous years . In the light of these findings, and having
also taken into account other factors such as the
somewhat fragile nature of the market recovery and the
volatile and aggressive pricing behaviour of certain

Subject : Proposal for a Council Regulation on the

retroactive application as of 1 October 1990 of a
weighting adjustment to remuneration and
pensions of EC officials employed in the Federal
Republic of Germany .

The above Commission proposal for a Regulation entails
a retroactive increase of about 12,5 % in the remuneration
and pensions of EC officials employed in the Federal
Republic of Germany covering the period from 1 October

1990 to 31 December 1991 . The cost of this measure is

about Ecu 3,2 million .

Does the Commission consider this measure to be
justified by German unification and the transfer of the
capital from Bonn to Berlin, despite the fact that neither
parliament nor the ministries have been transferred to
Berlin ?

Does the Commision consider it justifiable that
significant benefits have accrued almost exclusively to
former EC officials as a result of increased pensions
( approximately 12,5% ), despite the fact that their
personal circumstances have not changed, since most of
them are resident in neither Bonn nor Berlin ?

How many EC officials are currently employed in Berlin,
for whom such a weighting adjustment might be justified,
assuming that it is justified at all ?

Does the Commission intend to amend the Staff
Regulations to ensure that the weighting applies only to
officials of the European Communities in the EC Member
State concerned and not to former Community
employees, whose pensions should be based on their
previous place of work, Brussels ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 31 March 1992 )

The Commission can only comment that Article 2 of the
German Unification Treaty declares Berljn to be the
capital of Germany .

This was reflected in its proposal, which was based on the

Staff Regulations and associated rules upheld on several
occasions by ruling of the Court of Justice and on the
long-standing principle applied by the Council .

No C 209 / 46 Official Journal of the European Communities 15 . 8.92

The Commission would add that the weighting applicable

in the Netherlands is based on the cost of living in
Amsterdam and not in The Hague, the seat of

government .

Officials and other servants posted to Berlin already have
a special weighting .

The principle of equal treatment in respect of
remuneration, which is laid down in the Staff
Regulations, guarantees purchasing power equivalence .
This is achieved by weightings reflecting the cost of living

in the Member State of residence . This principle also
applies to former officials .

The Commission does not plan to propose that the Staff

Regulations be amended along the lines suggested by the
Honourable Member .

This means that other existing or proposed projects,
which might lead to cumulative impacts with the impacts

of the assessed project, must be taken into account in the
environmental impact assessment of the proposed project,
where Member States considers this relevant and

reasonable .

However, the Commission is aware of the fact that often
cumulative and synergistic impacts of several related
projects cannot be adequately assessed and taken into
account within authorization procedures for individual
projects, and is examining possible approaches to this
problem .

(') OJNoL 175, 5 . 7 . 1985 .

WRITTEN QUESTION No 34 / 92

by Mrs Carole Tongue ( S )
to the Commission of the European Communities

(4 February 1992 )

WRITTEN QUESTION No 33 / 92 ( 92 / C 209 / 90 )

by Mrs Carole Tongue ( S )
to the Commission of the European Communities

(4 February 1992 )

( 92 / C 209 / 89 )

Subject : Sewage sludge incineration

Existing Environmental Assessment operates within the
framework of planning legislation — i.e. each application
dealt with on its merits . Does the Commission consider
this is acceptable and if not does it intend to introduce
measures which will enable the cumulative impact of
development proposals ( in this case there are six
incinerator / combustion processes proposed all within a
very small area ) to be rigorously assessed ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

(1 April 1992 )

According to Directive 85 / 337 / EEC (*), information to
be supplied in an environmental impact assessment should
include a description of the likely significant effects of the
proposed project on the environment .

This description should cover the direct effects and any

indirect, secondary, cumulative, short, medium and
long-term, permanent and temporary, positive and
negative effects of the project .

Subject : Sewage sludge incineration

1 . In view of the dramatic increase in the number of
incinerator proposals in the UK and elsewhere
throughout Europe — and I am particularly concerned
about sewage sludge incineration ( proposed by a number
of water authorities as an alternative to sea disposal which
must be phased out by 1999 as a result of the signing of
the North Sea Conference Declaration at the Third
Ministerial Conference held at The Hague ) — can the
Commission inform me of the latest and most stringent
European standards relating to acceptable operational
emissions against which such proposals should be
assessed ?

2 . Can the Commission indicate the timescale for a
review and up-date of these standards ?

3 . How will these standards compare to the TA Luft
1990 limits ?

4 . Has the EC been consulted by the UK on the
preparation of the UK HMIP standards relating to
emissions for incinerators currently under production ?

5 . Does the Commission think it acceptable that an
important criteria to be used when considering
operational procedures for potentially hazardous
industrial processes is that of ' excessive cost ' ( re . Batneec
regs .)?

6 . Can the Commission clarify whether or not the
Declaration referred to above rules out the possibility of
deep-sea sludge disposal ( beyond the Continental shelf )

15 . 8 . 92 Official Journal of the European Communities No C 209 / 47

as it has been argued that sea disposal is the best
environmental option ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 24 April 1992 )

1 . Emissions into air resulting from the incineration of
sewage sludge are regulated in the Framework Directive
on the combating of air pollution from industrial plants
84 / 360 / EEC where it is stated that the authorization
required prior to the operation of such plants may be
issued only when the competent authority is satisfied that :

— all appropriate preventive measures against air
pollution have been taken, including the application of
the best available technology, provided that the
application of such measures does not entail excessive

costs ;

— the use of plant will not cause significant air pollution,

particularly from the emission of substances referred
to in Annex II ;

— none of the emission limit values applicable will be

exceeded ;

— all the air quality limit values applicable will be taken

into account .

For plants specifically used for the incineration of sewage
sludge, no specific Community legislation exists . Only if
sewage sludge is incinerated additionally in municipal
waste incineration plants the Directives on the
prevention / reduction of air pollution from new / existing
municipal waste incineration plants ( 89 / 369 / EEC (') and
89 / 429 / EEC ( 2 )) apply .

The Commission has recently adopted the Directive
proposal on the incineration of hazardous wastes setting
very stringent emission limit values . This proposal applies
also to sewage sludge which may be considered as
hazardous waste, if it contains certain hazardous
substances .

2 . The Commission is going to elaborate proposals to
adapt the Directives on municipal waste incineration
plants to the progress in abatement techniques by the end
of 1992 / early 1993, which will result in more stringent
emission limit values . Plants used specifically for the
incineration of sewage sludge will be taken into
consideration by these Directive proposals as well .

3 . The emission limit values based on Best Available
Techniques will be more stringent compared to the TA
Luft 86 . The German regulation on the incineration of
wastes ( 17 . BImsch VO ) will be considered as a guideline

as well as the more progressive Dutch Richtlijn
Verbranden 89 .

4 . The Commission has not been informed about work
undertaken by HMIP on standards for incineration .

5 . Further Community legislation will be based on Best
Available Techniques following a definition which puts
less weight on the current notion of ' Not Entailing
Excessive Costs '.

According to Directive 85 / 337 / EEC ( 3 ), all
waste-disposal installations for the incineration of toxic
and dangerous wastes shall be subject to an environmental
impact assessment . This ensures that, besides for instance
economical information, all relevant environmental
information will be taken into consideration in the
development consent procedure .

6 . The possibility of deep-sea sludge disposal had not
been considered in the Declaration of the 3rd North Sea
Ministerial Conference . The participants of this
conference noted that all North Sea states have stopped
the dumping of sewage sludge, and the United Kingdom
has given a firm undertaking to stop the dumping of
sewage sludge as soon as possible . It has also undertaken
to draw up programmes by the end of 1990 to phase out
this practice completely by the end of 1998, in accordance
with Article 14, Paragraph 3, of Council Directive
9 1 / 271 / EEC ( 4 ) concerning urban waste-water treatment .

O OJ No L 163, 14.6 . 1989 .
O OJ No L 203, 15.7 . 1989 .
O OJ No L 175, 5 . 7 . 1985 .
O OJ No L 135, 30 . 5 . 1991 .

WRITTEN QUESTION No 50 / 92

by Mr Llewellyn Smith ( S )
to the Commission of the European Communities

(4 February 1992 )

( 92 / C 209 / 91 )

Subject : Quality instruments in the food industry

Will the Commission make available to MEPs a study
produced for DG III on the ' Elaboration of strategies for
Food Control '?

Answer given by Mr Bangemann

on behalf of the Commission

(2 April 1992 )

The study referred to by the Honourable Member was
prepared in 1986 for the immediate internal use of the
Commission 's departments .

It was a list of data on the frequency of food
toxi-infections in Europe, on their etiological agents and
on the groups of foodstuffs at risk .

No C 209 / 48 Official Journal of the European Communities 15 . 8.92

Since, six years later, these data are obviously out of date
the Commission does not intend to publish them .

WRITTEN QUESTION No 53 / 92

by Mrs Anita Pollack ( S )
to the Commission of the European Communities

(6 February 1992 )

( 92 / C 209 / 92 )

Subject : The future of the IRIS network

Bearing in mind the Commission 's commitment to
continuing specific actions in favour of women 's training,
and recognizing the important work undertaken by the
IRIS network, will the Commission confirm that it
intends to continue the IRIS network after 1992 when the
first phase of its work comes to an end, ( i.e. until at least
the end of the Third Action Programme for Equality ) ?

Answer given by Mrs Papandreou

on behalf of the Commission

(8 April 1992 )

The 3rd Action Programme on Equal Opportunities for
Women and Men ( 1991 — 1995 ) proposes clearly to
continue developing specific actions to help the
integration of women in the labour market . This will be
done amongst other measures by means of promoting
exchanges of information and experience on measures to
improve the integration of women in the labour market
and promote best practice in women 's training .

Consequently, the Commission is intending to pursue the
action of IRIS Network after 1992, recognizing the
important role played by the Network in disseminating
information on women 's issues as well as in promoting
innovative training schemes and in giving projects a
transnational dimension .

An evaluation of the overall operation of the Network is

currently in progress in order to define clearly the
activities to be carried out in the future . The final report
of this evaluation is expected to be available in April 1992 .
On the basis of the results of the evaluation, the Network
activities will be reorganized to pursue its main role :
promoting initial and continuing training of women to
respond to the needs of the labour market .

WRITTEN QUESTION No 58 / 92

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

(6 February 1992 )

( 92 / C 209 / 93 )

Subject : Tax disc for vehicles above 16 horse-power

In a decision of 17 September 1977 the Court of Justice of
the European Communities ruled that the French
' vignette ' ( tax disc ) system was discriminatory . In
particular it criticized the French Government practice of
applying rules for calculating tax liability that
discriminated against vehicles of above 16 h.p . imported
from other Member States .

Although the French authorities implemented new rules
for making this calculation with effect from 10 February

1988 for vehicles of above 16 h.p . these only apply to a
limited number of models and many vehicles, including
those owned by collectors, do not benefit from the new
scheme . Their owners are required to pay for the tax disc
at a discriminatory rate .

Can the Commission apply pressure to the French
administration to ensure that new rules for making these
calculations are applicable to all vehicles of more than 16
h.p . and that their owners receive a full refund of the
excess paid on their tax discs since 1988 ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 24 March 1992 )

In a circular dated 12 January 1988, the French
administration changed the procedure for determining
the engine rating for tax purposes so as to bring it into line
with Article 95 of the EEC Treaty and the ' Feldain '
decision of the Court of Justice of 17 September 1987 .
The new procedure applies to all vehicles type-approved
as from 1988 .

In the case of vehicles type-approved between 1978 and

1988, the French administration, in a circular dated 20
September 1991 and in instructions issued on 3 October

1991 and 23 January 1992, have introduced a procedure
whereby the owners of certain vehicles in this category are
granted a reduction in engine rating that is entered on the
registration certificate, thereby enabling them to apply for
a refund of taxes wrongly charged in breach of
Community law .

As regards the limits which the French administration has

deemed necessary to place on the right to a refund, it
should be borne in mind that, in the absence of
Community harmonization in this matter, the right to a
refund of taxes wrongly charged in breach of Community

15 . 8.92 Official Journal of the European Communities No C 209 / 49

law is exercised pursuant to national provisions, subject to
compliance with the general principles established by the
Court of Justice .

WRITTEN QUESTION No 59 / 92

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

(6 February 1992 )

( 92 / C 209 / 94 )

Subject : Market in porcelain products

Manufacturers of porcelain products are experiencing
severe difficulties in marketing their products both in
France and for export .

They find it unacceptable that the legislation in force,
which imposes considerable constraints on them, is not
being adhered to by their competitors :

As regards quotas, customs statistics show that imports

originating from Asia increased by 8 1 % in volume and

13% in value between 1989 and 1990 .

More seriously, in that it poses a risk to consumers,
national and European standards, in particular those
concerning lead or cadmium content are far from being
complied with .

Another cause for concern is counterfeiting, with more
and more designs and patterns being imitated by foreign
firms .

Can the Commission act to ensure compliance with the
relevant legislation that will ensure that porcelain
producers prepared to comply with the rules can operate
in conditions of fair competition ?

Answer given by Mr Andriessen

on behalf of the Commission

(8 April 1992 )

The Community 's commercial policy has two Regulations
designed to protect the Community from unfair or illegal
trade practices . These are :

— Regulation ( EEC ) No 2423 / 88 (') on protection
against dumped or subsidized imports from countries
not members of the European Economic Community ;

— Regulation ( EEC ) No 2641 / 84 ( 2 ) on the
strengthening of the common commercial policy with
regard in particular to protection against illicit
commercial practices .

In both cases the Commission, if duly requested by
representatives of the Community industry in question

who consider that they are suffering injury as a result of
such practices, and after consulting the Member States,
may open an enquiry which can lead to the adoption of
protective trade measures against the imports in question .

The maximum permissible levels of lead and cadmium

migration are established in Directive 84 / 500 / EEC ( 3 ).
An enquiry carried out in 1989 / 90 indicated that imported
products appeared to respect these limits .

As regards counterfeiting, the Commission is considering

introducing measures to protect designs and models at
Community level .

To this end, in June 1991 it published a green paper on the

legal protection of industrial designs and models
( document III / F / 5131 / 91 ), which details the contents of
a possible Community law .

After consulting the parties concerned, the Commission
will decide whether or not there is a case for Community
legislation, and — if there is — will submit its proposals
for such a law towards the end of 1992 .

O OJ No L 209, 2 . 8 . 1988 .
O OJ No L 252, 20 . 9 . 1984 .
( 5 ) OJNoL277, 20 . 10 . 1984 .

WRITTEN QUESTION No 80 / 92

by Mr Madron Seligman ( ED )
to the Commission of the European Communities

(6 February 1992 )

( 92 / C 209 / 95 )

Subject : Welfare of poultry

In his answer to my question No 1020 / 91 ('),
Commissioner Mac Sharry had to confirm that no EC
legislation existed to protect birds reared for their meat .
The matter was being addressed ( but without any urgency
apparently ) and, if the Council were to come up with a
recommendation, ' the fullest consideration ' would be
given ' to the circumstances prevailing in all Member
States '. I would hope that that does not imply that if
battery farming had become widespread, it would be
allowed to continue .

Now that some six months have elapsed, will the
Commissioner please report upon any progress ?

Furthermore, whereas my initial question related
primarily to chickens, would the Commissioner agree that
any new law to advance the welfare of poultry, should
also include turkeys, guineafowl, quail and even
ostriches ?

No C 209 / 50 Official Journal of the European Communities 15.8.92

( The Commission will, of course, be aware that ostriches
are being bred at least in the UK for their good-quality,
low-fat meat .)

o OJ No C 286, 4 . 11 . 1991, p. 23 .

Answer given by Mr Mac Sharry

on behalf of the Commission

(2 April 1992 )

The work in the Council of Europe Standing Committee

of the European Convention on the Protection of animals
kept for Farming Purposes has continued during the past
six months . A draft text for a recommendation on poultry,
including poultry reared for meat, is being circulated to
the members of the Committee with a view to discussion
at their meeting in June of this year .

Species other than the domestic fowl are intended to be
included in the recommendation . However, the Standing
Committee is obliged by the Convention to make its
recommendations having regard to the physiological and
ethological needs of the animals concerned, in accordance
with established experience and scientific knowledge .

Some species, such as ostriches, have been farmed for a
comparatively short time in the Community and little
scientific knowledge is available about them . The
Committee will, therefore, concentrate its attention on
the more familiar species and will add recommendations
for the more exotic ones as the relevant information

becomes available .

The Commission continues to participate fully in the
work of the Committee . They are also preparing draft

Community legislation with a view to implementing the
European Convention and providing a legal basis for
implementing the recommendations made under the
Convention .

WRITTEN QUESTION No 82 / 92

by Mr Madron Seligman ( ED )
to the Commission of the European Communities

(6 February 1992 )

( 92 / C 209 / 96 )

Subject : Promotion of energy efficiency and conservation

The Commission lends its support to energy conservation

and the efficient use of different forms of energy through
the SAVE Programme .

What support does the Commission give to
European-wide, industrially oriented associations, whose
function is to advance these objectives, such as EuroACE
( The European Association for the Conservation of
Energy )?

Will the Commission consider expanding its support for

such associations in line with Parliament 's expressed
views upon the need for greater energy conservation and
improved energy efficiency ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 24 April 1992 )

The European Commission has for many years supported
the efforts of independant organizations promoting
energy efficiency . An example of the policy has been the
continued support afforded to the European Energy
Managers Association ( EFEM ).

There are, however, many other organizations which are

conceived as dual purpose organs supporting energy
efficiency but at the same time promoting the interests of
their member companies .

While it is the Commission 's policy to cooperate actively
with all those promoting energy efficiency the
Commission deems the financial support of organizations
having the dual purpose of promoting their funding
members products at the same time as energy efficiency as
inappropriate .

WRITTEN QUESTION No 87 / 92

by Mr Frédéric Rosmini ( S )
to the Commission of the European Communities

(6 February 1992 )

( 92 / C 209 / 97 )

Subject : Role of regions in the construction of Europe

The regions now have a recognized role in the
construction of Europe . Nevertheless, the present
institutional set-up of the Communities does not allow
the regions to fulfil this role to the utmost : they are merely
associated with the Community through the Consultative
Council of Regional and Local Authorities set up in 1988 .

The membership of the Council and its limited powers ( it

may only deliberate when asked for its opinion by the
Commission ) do not allow it to play a real role, as was
emphasized in the report on the Community 's relations
with the regions drawn up for the Committee on
Institutional Affairs by Mrs Concepcio Ferrer .

As the draft treaty on European Union comes into being,
will the Commission consider associating the regions
more closely with the European Community, and by what
method does it intend to institutionalize the regions '
participation in the Community 's decision-making ?

15 . 8.92 Official Journal of the European Communities No C 209 / 51

Answer given by Mr Millan counteract the dangerous myths which at present are used
on behalf of the Commission to promote racial hatred .

(8 April 1992 )

In its opinion of 21 October 1990 on political union,
the Commission expressed the view that the
Intergovernmental Conference should take account of the
demand for the creation of a body to represent the
Community 's regions . As the Commission pointed out,
' This is an important parameter of subsidiarity .' This is
why the Commission submitted to the Intergovernmental
Conference on 14 June 1991 a contribution on the
setting-up of a committee of regions and local authorities .

The incorporation into the EEC Treaty of a Committee

of the Regions at the Maastricht summit is a major step
towards closer participation by regional and local
authorities in the construction of Europe and consolidates
their place in the institutional structure .

The Commission will ensure that the new Committee of
the Regions is consulted properly and due account is
taken of its opinions .

WRITTEN QUESTION No 120 / 92

by Mr Edward Newman ( S )
to the Commission of the European Communities

(7 February 1992 )

( 92 / C 209 / 98 )

Subject : Positive contribution of immigrants to the

European economy »

According to a study carried out by the ' Rheinisch ­
Westfalische Institut fur Wirtschaftsforschung ', whose
results have been quoted in the December 1991 issue of
the ' Migration Newsheet ', the Federal Republic of
Germany can for the year 1992 expect a net gain of DM
41 billion resulting from the input immigrants make to the
German economy . Moreover, the study confirms the
conclusions of other demographic research projects that
with its ageing population Germany would, at the turn of
the century, face enormous labour shortages and virtual
' bankruptcy ' of the social security system in the absence
of immigration .

In view of the increasing proliferation of false and
denigrating arguments that immigrants are simply milking
the social security system, does the Commission not
consider it appropriate and urgent to carry out a similar
study to Assess the present and future net gain to the
economies of the European Community countries of
immigrants to the Community, and to have the results
published as widely as possible ? This would help to

Answer given by Mr Christophersen

on behalf of the Commission

( 18 March 1992 )

The Commission welcomes the findings of the Rheinisch ­
Westfalisches Institut fur Wirtschaftsforschung that
seems to confirm what the European Parliament, the
Council, the repesentatives of the Member States and the
Commission, stated in their Declaration against racism
and xenophobia, ' mindful of the positive contribution
which workers who have their origins in other Member
States or in third countries have made, and can continue
to make, to the development of the Member State in
which they legally reside and of the resulting benefits for
the Community as a whole .' (')

In general terms, the interrelationship between
immigration and economic and social developments is
dealt with on a regular basis in reports by the Commission
concerning employment ( e.g. Employment in Europe ),
social developments ( e.g. Social Europe ) and
macroeconomic implications ( e.g. Annual Economic
Report ).

A number of special studies have been devoted to
immigration issues, partly through contributions by
external experts .

The Commission will continue to incorporate these issues
in its analyses ; however, the Commission does not intend,
at present, to carry out a special study on the net gain that
the economies of the Member States draw from
immigrants, due to the relevant differences existing
among Member States in terms of policy, of number, of
origin, of more or less recent movements of migrants and
of available statistical data, as common reliable indicators
would be the necessary basis for quantifying on a
comparative manner the contribution of immigrants to
the economy of the European Community .

(') OJNoC 158,25.6 . 1986 .

WRITTEN QUESTION No 1209 / 92
by Mr Joaquim Miranda da Silva ( CG )
to the Council of the European Communities

( 21 May 1992 )

( 92 / C 209 / 99 )

Subject : Effects of the internal market on customs

workers

The completion of the internal market and the
consequent abolition of frontiers will jeopardize the

No C 209 / 52 Official Journal of the European Communities 15 . 8.92

future of customs workers . As the date of implementation
of the internal market draws nearer, the workers in this
Sector are becoming increasingly concerned, given the
absence of Community or national action to safeguard
their rights and interests .

The workers have, therefore, in many Member States,

adopted various forms of action aimed, quite justifiably,
at drawing attention to their situation .

Can the Council state what action it intends to take with a
view to safeguarding the future of the customs workers

( some 85 000 in all ) who are likely to be affected by the
entry into force of the rules governing the internal
market ?

Answer

( 16 July 1992 )

The abolition of internal borders from 1 January 1993 is
bound to have consequences not only for customs
officials but also for other people currently working at the
Community 's internal borders ; however, the future of
customs workers will not be jeopardized .

The abolition of internal borders will involve a substantial

reorganization of customs services and some officials will
doubtless be required to njove to other postings, but the
duties of customs officials are becoming increasingly
diversified and specialized . The disappearance of internal
borders will be accompanied by increased vigilance and
activity at the Community 's external frontiers, which
means that checks at those frontiers will be carried out
with maximum thoroughness in all the Member States .
The Matthaeus programme recently adopted by the

Council concerning an exchange of customs officials
between Member States is designed to make customs
officials aware of this necessity . New regulations recently
introduced or being prepared within the Council — in

particular to prevent the misuse of chemical products for
the illicit manufacture of drugs and the future system of
authorization for exporting works of art — will create
new tasks which will surely entail adjustments to the way
the customs services are organized .

Responsibility for reorganizing the customs services lies
primarily with the Member States . Independently of
specific measures taken at national level, the
Representatives of the Governments of the Member
States, meeting in the Council, expressed their views on
the matter on 8 October 1990 . Their declaration on the
continuing role of customs services after 1992, which was
published in the Official Journal of the European
Communities, lays stress indeed on the following key
matters the importance of which will be reinforced by the
completion of the internal market and the concrete
expression of which are the abovementioned measures .
These are :

— with regard to combating drugs and other scourges,

the introduction of controls which will be
' unobtrusive, selective and highly targeted on traffic
of greatest risk ', and hence specialized work requiring
appropriate training and an appropriate intelligence

system ;

— providing at external frontiers effective control

proportionate to the risk and of a uniformly high
technical standard, and

— stepping up cooperation between customs services and

with other authorities or law enforcement agencies .

In conclusion, the Council recognizes that the completion
of the internal market will entail changes for customs
services but it stresses that these changes will not result in
the disappearance of these services which, as in the past,
will continue to play an important role . The Council will
examine with all due attention any measures which the
Commission might wish to propose in this context .