Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 9
# Official Journal

Volume 39

### of the European Communities

###### Information and Notices

English edition

15 January 1996

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

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E-l 97 / 95 by Jean-Pierre Raffarin to the Council
Subject : Agriculture and the eastern European countries 1

E-253 / 95 by Jean-Pierre Raffarin to the Council
Subject : Measures to benefit minority, national or regional languages 1

E-711 / 95 by Peter Crampton to the Council
Subject : Council proposals in the field of anti-fraud measures, 1994 2

E-l 074 / 95 by Luigi Caligaris to the Council
Subject : Development of the FLA programme 2

E         - 128 8 / 95 by Christine Oddy to the Council
Subject : Export of live calves 3

E-l 608 / 95 by Anita Pollack to the Council
Subject : Calf rearing 3

Joint answer to Written Questions E-1288 / 95 and E-1608 / 95 3

E-1413 / 95 by Jaak Vandemeulebroucke to the Council
Subject : Imports of beef into the European Union 3

E-l 5 10 / 95 by Edith Müller to the Council
Subject : Council recommendation on the 1993 discharge, EAGGF guarantee 4

E-1511 / 95 by Anita Pollack to the Council
Subject : Human rights in Cote d'lvoire 4

Price : ECU 19,50 ( Continued overleaf )

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E - 1542 / 95 by Fausto Bertinotti, Laura Gonzalez Alvarez and Mihail Papayannakis to
the Council

Subject : Request for compulsory retirement of the Commission for failure to fulfil its mandate
as laid down in the Treaty

E - 1550 / 95 by José Gil-Robles Gil-Delgado to the Council
Subject : Discrimination in inter-university cooperation programmes ( Erasmus )

E-l 751 / 95 by Markus Ferber to the Commission
Subject : European Union subsidies for international town twinning

E-1753 / 95 by Wolfgang Kreissl-Dörfler to the Council
Subject : Deaths of refugees at EU external borders, while on remand pending deportation and
in refugee camps

E-l 796 / 95 by Lissy Gröner to the Council
Subject : Telescope project on Mount Graham, Arizona ( holy mountain of the San Carlos
Apaches )

E-l 801 / 95 by Alex Smith to the Commission
Subject : Plutonium working group report

E-l 824 / 95 by Carlos Robles Piquer to the Council
Subject : Sudan and the International Monetary Fund

E-l 870 / 95 by Florus Wijsenbeek to the Commission
Subject : Cruising in France

E-l 875 / 95 by Christine Crawley to the Commission

Subject : Ecolabel scheme

P-l 901 / 95 by Luisa Todini to the Council
Subject : Establishment of a European monitoring centre for young people

E-l 902 / 95 by Niels Kofoed and Karin Riis-Jørgensen to the Commission
Subject : Implementation of Council Directive 92 / 117 / EEC of 17 December 1992 on zoonoses

E-193 6 / 95 by Yiannis Roubatis to the Commission
Subject : Ancient theatre of Dodona endangered by the new Via Egnatia

E-l 943 / 95 by Iñigo Mendez de Vigo to the Commission
Subject : Convention on protecting the Mediterranean

E-1968 / 95 by Helena Torres Marques to the Council
Subject : Tourism as a common policy in the European Union

E-l 991 / 95 by Ralf Walter to the Commission
Subject : Flood damage insurance

E-2008 / 95 by Susan Waddington to the Commission
Subject : High incidence of brain tumours in rural areas and the use of pesticides

E-20 10 / 95 by Alan Gillis to the Commission
Subject : Salmon imports from Norway

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E-20 12 / 95 by Phillip Whitehead to the Commission
Subject : Council Directive 92 / 43 / EEC concerning the conservation of natural habitats, flora
and fauna 13

E-203 9 / 95 by Karl-Heinz Florenz to the Commission
Subject : Sewage sludge and compost 13

E-2040 / 95 by Karl-Heinz Florenz to the Commission
Subject : Sewage sludge and compost 14

E-2041 / 95 by Karl-Heinz Florenz to the Commission
Subject : Sewage sludge and compost 14

E-2048 / 95 by Martina Gredler to the Council
Subject : Eighth European Development Fund ( EDF ) 14

E-2076 / 95 by Joan Colom i Naval to the Council

Subject : Sarajevo stress 15

E-2084 / 95 by Iñigo Mendez de Vigo to the Commission
Subject : Legislation applicable to oil platforms 15

E-20 96 / 95 by Ria Oomen-Ruijten and Arie Oostlander to the Commission
Subject : Storage of radioactive waste at Ahaus 15

E-2101 / 95 by Lyndon Harrison to the Commission
Subject : Benelux motorway tariffs 16

E-2 105 / 95 by Amedeo Amadeo to the Commission

Subject : Sports activities 17

E-2 164 / 95 by Alexandros Alavanos to the Commission
Subject : Studies into the neutralization of toxic substances in tobacco 17

P-2224 / 95 by Johannes Blokland to the Commission
Subject : Result of the report on the quality of bathing water in the Netherlands 18

E-2230 / 95 by Isidoro Sanchez Garcia to the Commission
Subject : Control system applicable to the common fisheries policy 19

E-2234 / 95 by Marie-Paule Kestelijn-Sierens to the Commission
Subject : The absence of harmonized definitions for hazardous and infectious wastes from health
care 19

E-2252 / 95 by Leen van der Waal to the Commission
Subject : Obstacles encountered by Christians in Egypt to the construction and maintenance of
their churches 20

E-2253 / 95 by Florus Wijsenbeek to the Commission
Subject : Gedser-Warnemünde rail-ferry link 21

E-225 6 / 95 by Wilfried Telkämper to the Council

Subject : Possible misuse of EU development aid funds — control measures 22 ­

96 / C 9 / 44 E-2264 / 95 by Anita Pollack to the Commission
Subject : Directive 86 / 609 / EEC on animal experimentation 22

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( Continued overleaf )

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E-2271 / 95 by Fausto Bertinotti to the Commission
Subject : Lit 15 billion from the EIB to finance an incineration plant at Mergozzo ( Italy ), which
does not function properly

E-2273 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Stoppage of construction of a plutonium processing plant

E-2277 / 95 by Eva Kjer Hansen to the Commission
Subject : Signing and ratification of the Convention on abolition of the legalization of documents
in the EU Member States

E-2290 / 95 by Gerhard Schmid to the Commission
Subject : Directive on the official control of foodstuffs

E-2293 / 95 by Karla Peijs to the Commission
Subject : Problems with privatization of public services in relation to Directive 92 / 50 / EEC ( public
service contracts )

P-2297 / 95 by Fernando Fernandez Martin to the Commission
Subject : Measures to combat fraudulent imports of non-European bananas

E-2299 / 95 by Michl Ebner to the Council
Subject : Allocation of EU resources to South Tirol ( Italy )

E-233 9 / 95 by Michl Ebner to the Council

Subject : Allocation of EU appropriations to Trentino ( Italy )

Joint answer to Written Questions E-2299 / 95 and E-2339 / 95

E-2303 / 95 by Ursula Schleicher to the Commission
Subject : EU environmental logo for textile products

E-2304 / 95 by Hiltrud Breyer to the Commission
Subject : Processing and whereabouts of the highly enriched uranium from the THTR

E-2307 / 95 by Nuala Ahern to the Commission
Subject : Health and safety consequences of French nuclear tests

E-23 14 / 95 by Jesus Cabezon Alonso to the Commission
Subject : LIFE programme and Cantabria ( Spain ) . .

E-2324 / 95 by Marie-Paule Kestelijn-Sierens to the Commission
Subject : Export subsidies

E-2328 / 95 by Glyn Ford to the Commission
Subject : Airline tickets

E-232 9 / 95 by Glyn Ford to the Commission
Subject : Airline prices

Joint answer to Written Questions E-2328 / 95 and E-2329 / 95

E-233 1 / 95 by Glyn Ford to the Commission
Subject : Internal departure tax

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96 / C 9 / 61 E-2334 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Financial aid to Paraguay 30

96 / C 9 / 62 E-234 9 / 95 by Hugh McMahon to the Council
Subject : Arrangements regarding Community structural assistance in the fisheries sector
( amendment of Regulation ( EEC ) No 3699 / 93 ) 32

96 / C 9 / 63 E-2352 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Measures to combat fraud 32

96 / C 9 / 64 E-2370 / 95 by Wolfgang Nußbaumer to the Commission
Subject : Munich-Verona axis 33

96 / C 9 / 65 E-2371 / 95 by Karl Schweitzer to the Commission
Subject : 1996 budget estimates of the Committee on the Environment Public Health and Consumer
Protection : promotion of nuclear safety measures 33

96 / C 9 / 66 E-2374 / 95 by Hiltrud Breyer to the Commission
Subject : Funding of research into ' violent genes ' 34

96 / C 9 / 67 E-2383 / 95 by Kenneth Collins to the Commission
Subject : Product Liability Directive 34

96 / C 9 / 68 E-23 84 / 95 by Kenneth Collins to the Commission
Subject : Product Liability Directive implementation 35

96 / C 9 / 69 E-2386 / 95 by Carlos Costa Neves to the Commission
Subject : Taxes on certain vehicles used for the carriage of goods by road and exceptions .... 35

96 / C 9 / 70 E-2391 / 95 by Jan Wiebenga to the Commission
Subject : Dutch municipalities ' evasion of European Directives on public contract tendering
procedures 35

96 / C 9 / 71 E-2394 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme — sub-programme 1 36

96 / C 9 / 72 E-23 95 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme — Measure 2.1 36

96 / C 9 / 73 E-2396 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme — Measure 2.2 37

96 / C 9 / 74 E-23 97 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme — Measure 2.3 37

96 / C 9 / 75 E-2398 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme — Measure 2.4 37

96 / C 9 / 76 E-23 99 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme — Measure 2.5 37

96 / C 9 / 77 E-2400 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme — Measure 3.1 38

96 / C 9 / 78 E-2401 / 95 by Alexandros Alavanos to the Commission
Subject : ' Kleisthenis ' programme —                    - Measure 3.2 38

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( Continued overleaf )

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96 / C 9 / 79 E-2439 / 95 by Alexandros Alavanos to the Commission
Subject : Kleisthenis — Measure 3.3 38

Joint answer to Written Questions E-2394 / 95 to E-2401 / 95 and E-2439 / 95 38

96 / C 9 / 80 E-2402 / 95 by Josu Imaz San Miguel to the Commission
Subject : Statistical distortions in Teruel province ( Aragon ) 39

96 / C 9 / 81 E-2403 / 95 by Edward McMillan-Scott to the Commission
Subject : ' Follow-on orders ' in the railway sector 40

96 / C 9 / 82 E-2414 / 95 by Caroline Jackson to the Commission
Subject : Directive 91 / 156 / EEC on waste 40

96 / C 9 / 83 E-2415 / 95 by Caroline Jackson to the Commission
Subject : Directive 94 / 31 / EEC on hazardous waste 41

96 / C 9 / 84 E-2422 / 95 by Susan Waddington to the Commission =
Subject : Waste-derived secondary liquid fuel ' Cemfuel ' 41

96 / C 9 / 85 E-2424 / 95 by Alex Smith to the Commission
Subject : Commission update of its illustrative nuclear programme document 42

96 / C 9 / 86 E-2426 / 95 by Alex Smith to the Commission
Subject : Implementation of Commission Regulation ( EEC ) No 3227 / 76 dealing with mixed
civil-military nuclear facilities 42

96 / C 9 / 87 E-2431 / 95 by Florus Wijsenbeek to the Commission
Subject : Waste oil dumping by ships at sea 42

96 / C 9 / 88 E-2442 / 95 by Peter Crampton to the Commission
Subject : Use of consultancies by the European Commission 43

96 / C 9 / 89 E-2446 / 95 by Cristiana Muscardini to the Council
Subject : Terrorist attack in Paris 45

96 / C 9 / 90 E-2448 / 95 by Monica Baldi to the Commission
Subject : Proposal to set up a national park in the Tuscan archipelago 45

96 / C 9 / 91 P-2451 / 95 by Hiltrud Breyer to the Commission
Subject : France 's nuclear tests and Article 34 of the Euratom Treaty 46

96 / C 9 / 92 P-2452 / 95 by Carmen Díez de Rivera Icaza to the Commission
Subject : The brown bear 47

96 / C 9 / 93 E-2455 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Number of female A2 directors at the Commission 47

96 / C 9 / 94 E-2456 / 95 by Richard Howitt to the Commission
Subject : Footwear industry — general system of preferences 47

96 / C 9 / 95 E-2461 / 95 by Otto von Habsburg to the Commission
Subject : Belgian postal rates for letters to Austria 48

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96 / C 9 / 96 E-2462 / 95 by Wolfgang Kreissl-Dörfler and Magda Aelvoet to the Council
Subject : Use of funds from the Chaco / Paraguay EU development aid project ( ALA / 93 / 40 ) .... 49

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E-2464 / 95 by Jose Apolinário to the Commission
Subject : Financing of re-afforestation projects under the Cohesion Fund 50

E-2467 / 95 by Maartje van Putten to the Commission
Subject : Insulin 50

E-2468 / 95 by Gerfrid Gaigg to the Commission
Subject : Freedom to provide services — third-country nationals 51

E-2485 / 95 by Winfried Menrad to the Commission
Subject : Provisions to monitor compliance of technical facilities and equipment with the Law
on building regulations, as regards the manufacture of lightning conductors 51

P-2486 / 95 by Maria Izquierdo Rojo to the Council
Subject : Participation of the Arab Maghreb Union in the forthcoming Euro-Mediterranean
Conference 52

P-24 95 / 95 by Nikitas Kaklamanis to the Council
Subject : Reversal of European policy in former Yugoslavia 53

E-2508 / 95 by Amedeo Amadeo to the Commission
Subject : Tax discrimination 53

E-2520 / 95 by Kenneth Stewart to the Commission
Subject : Merseyside Objective one . 54

E-2530 / 95 by Ben Fayot to the Commission
Subject : Radio broadcasting taxes 54

E-254 7 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Humanitarian aid for Iraqi war victims 55

E-2549 / 95 by Tony Cunningham to the Commission
Subject : Commission funding arms manufacturer 55

E-2562 / 95 by Richard Howitt to the Commission
Subject : Burning of ammunition near rare bird reserves 56

E-2568 / 95 by Glyn Ford to the Commission
Subject : Harmonization of safety specifications for road haulage vehicles 56

E-257 5 / 95 by Mary Banotti to the Commission
Subject : Cigarette smuggling 57

E-2581 / 95 by James Moorhouse to the Commission
Subject : EU projects in the Amdo and Nying Tri regions of Tibet 57

E-26 17 / 95 by Amedeo Amadeo to the Commission
Subject : Cable television networks 58

( Continued overleaf )

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E-26 18 / 95 by Amedeo Amadeo to the Commission
Subject : Cable television networks

E-2637 / 95 by Inigo Mendez de Vigo to the Commission
Subject : VAT on books

E-2640 / 95 by Alain Pompidou to the Commission
Subject : Cosmetic products and animal testing i

E-2691 / 95 by Jose Valverde Lopez to the Commission
Subject : Incorporation into Spanish law of the Directive on the protection of workers from the
risks relating to exposure to carcinogens at work

E-277 6 / 95 by Joaquin Siso Cruellas to the Commission
Subject : Active involvement of older people in society

P-278 5 / 95 by Glenys Kinnock to the Commission
Subject : ' Ad hoc ' stipulations on ACP requests to use products originating in neighbouring
non-ACP developing countries under Article 6.5 Protocol 1 Lome YVbis

P-2786 / 95 by David Morris to the Commission
Subject : Administrative arrangements for ACP requests to use products originating in
neighbouring non-ACP developing countries under Article 6.5 Protocol 1 Lome YVbis

P-2787 / 95 by Alex Smith to the Commission
Subject : Format for ACP requests to use products originating in neighbouring non-ACP developing
countries under Article 6.5 Protocol 1 Lome IV bis

Joint answer to Written Questions P-2785 / 95 to P-2787 / 95

P-2828 / 95 by Giacomo Santini to the Commission
Subject : Application of Article 161 ( 5 ) of Regulation ( EEC ) No 2913 / 92 establishing the
Community Customs Code

E-284 5 / 95 by Cristiana Muscardini to the Commission

Subject : Animal fighting

E-2846 / 95 by Johanna Maij-Weggen to the Commission
Subject : Prison camps in Myanmar

E-2979 / 95 by Claudia Roth to the Commission
Subject : Equal rights for homosexuals and lesbians 

E-3011 / 95 by Amedeo Amadeo to the Commission
Subject : General practitioners

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15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-l 97 / 95

by Jean-Pierre Raffarin ( PPE )

to the Council

( 22 February 1995 )

( 96 / C 9 / 01 )

Subject : Agriculture and the eastern European countries

How does the Council intend to counteract the

destabilization of the European markets which will result
in the long term from a huge increase in agricultural
production in the countries of central and eastern
Europe ?

The Council will not fail to examine these studies as soon as

they are available .

WRITTEN QUESTION E-253 / 95

by Jean-Pierre Raffarin ( PPE )

to the Council

( 22 February 1995 )

( 96 / C 9 / 02 )

Subject : Measures to benefit minority, national or regional

languages

What does the Council intend to do to strengthen the
recognition and development of minority, national and
Answer regional languages within the Cultural Europe ?

/5 December 1995 )

Answer

Trade in agricultural products is governed by the relevant
(5 December 1995 )
provisions of the Europe Agreements concluded with the
associated countries of central and eastern Europe . As the
Honourable Member is aware, these agreements contain The Commission has forwarded a proposal for a European
both specific and general provisions applicable to such trade Parliament and Council Decision establishing the Ariane
should there be a danger of serious injury to domestic programme, which deals with various aspects of literary
producers or serious disturbances and any sector of the creation and the literary heritage expressed in national
economy or difficulties which could bring about a serious and regional languages . At the invitation of the
deterioration in the economic situation of a region . Audiovisual / Culture Council at its meeting on 21 June

As part of the pre-accession strategy for the associated
countries of central and eastern Europe, the Essen European
Council called upon the Commission to examine the effects
on agriculture in these countries of all subsidized exports
and to present a study on alternative strategies for the
development of relations in the field of agriculture between
the European Union and the associated countries .

1995, the Commission is currently considering the
possibility of enlarging the proposed programme, with a
view to making relevant proposals . The Council is therefore
not in a position at this stage to give a definitive reply to the
Honourable Member 's question .

Moreover, the Council would draw the Honourable
Member 's attention to the conclusions of the General

No C 9 / 2 EN Official Journal of the European Communities 15 . 1 . 96

Affairs Council meeting on 12 June 1995 on linguistic
diversity in the European Union .

WRITTEN QUESTION E-711 / 95

by Peter Cramp ton ( PSE )

to the Council

( 13 March 1995 )

( 96 / C 9 / 03 )

Subject : Council proposals in the field of anti-fraud

measures, 1994

How many proposals for legislation and regulations in the
field of anti-fraud measures were brought forward by the
Council in 1994 and which Member States put forward the
proposals ?

Answer

(5 December 1995 )

The Council would remind the Honourable Member that it

is not for the Council, within the framework of the EC
Treaty, nor indeed for the Member States, to make
proposals in this field, as the Treaty has confered this power
upon the Commission .

The situation is different within the framework of the Treaty
on European Union, and in particular Title VI thereof,
which stipulates that, under the conditions laid down in that
Title, the Council may adopt acts on the initiative of any
Member States or of the Commission .

Thus, on this basis, in the field of anti-fraud measures, the
United Kingdom submitted an initiative for a joint action on

3 March 1994 .

On 7 July 1994, the Council was also seized of a proposal
from the Commission for a Regulation on the protection of
the Communities ' financial interests, and a proposal for a
Council Act establishing a Convention on the protection of
the Communities ' financial interests . This Act largely covers
the same issues as those raised in the aforementioned United

Kingdom initiative .

Examination of these proposals, on which the European
Parliament has been consulted, has gone actively ahead in
the Council 's subordinate bodies . The Convention on the
protection of the Communities ' financial interests was
signed by Member States on 26 July 1995 .

WRITTEN QUESTION E-1074 / 95

by Luigi Caligaris ( UPE )

to the Council

( 11 April 1995 )

( 96 / C 9 / 04 )

Subject : Development of the FLA programme

The future FLA military transport aircraft is important

because of the need to provide the European armed forces
with their own means of transport without having to rely on
foreign equipment .

What is more, it is a well known fact that the absence of a
similar performance aircraft greatly reduces the capacity for
early intervention by European countries in areas outside
Europe, including humanitarian work . The availability of
the FLA could therefore significantly contribute to an
increased European presence and commitment overseas .

At present, there are serious uncertainties '' about the
development of the programme, which should be completed
by the year 2002 . There is reason to believe that some of the
countries who joined the programme are making moves to
purchase aircraft outside the European market .

1 . Can the Council say what stage has been reached in the
current negotiations ?

2 . Given the nature of the project, which is part of the
further strengthening of the CFSP, is the Council in
favour of the integration of integrating the project into
Community research programmes, so that it can be
co-financed by the Union ?

Answer

(5 December 1995 )

To the Council 's knowledge, discussions on a project for the
joint construction of an FLA ( Future Large Aircraft ) to
replace the Hercules C-130 and the Transall C-160 were
held in the IEPG ( Independent European Programme
Group ), subsequently replaced by the WE AG ( Western
European Armaments Group ). This plan is not under
discussion by the Council of the European Union ; the
Council cannot therefore give any details concerning the
progress of the negotiations .

It can, however, be said that projects such as the FLA are a
means of promoting European cooperation on armaments
and of contributing to the development of a European
security policy .

In the context of the Council 's work an ad hoc working
party has just been set up to examine the final report of the

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 3

' informal group of experts studying the options for a
European armaments policy ' which has inter alia suggested
measures for the development of joint procurement, or
concerning the armaments industry .

WRITTEN QUESTION E-1288 / 95

by Christine Oddy ( PSE )

to the Council

( 10 May 1995 )

( 96 / C 9 / 05 )

Subject : Export of live calves

Given the considerable concern about the treatment of

calves reared for veal and the recent sad death of my
constituent Jill Phipps while she was peacefully
demonstrating against the export of calves from the UK,
what steps will the Council take as a matter of urgency to
improve the treatment of the calves ?

an opinion from the Scientific Veterinary Committee
on the intensive farming system(s ) which comply with
the requirements of the well-being of calves from
the pathological, zootechnical, physiological and
behavioural points of view, as well as the socio-economic
implications of different systems, together with
proposals relevant to the report 's conclusions .'

2 . However, at its meeting on 23 January 1995, the
Council took note that the Commission intended to bring
forward the timetable for submission of the report and the
relevant proposals provided for in Article 6 above, so that
both would be available before the end of 1995 .

3 . The Council is sensitive to the concerns of those who

wish to improve the conditions in which animals are reared
and to put an end to some of the forms of treatment inflicted
on some types of animals, and will give the proposals careful
scrutiny as soon as it receives them .

WRITTEN QUESTION E-1413 / 95

WRITTEN QUESTION E-1608 / 95 by Jaak Vandemeulebroucke ( ARE )

by Anita Pollack ( PSE ) to the Council

to the Council
( 19 May 1995 )

( 14 June 1995 ) ( 96 / C 9 / 07 )

( 96 / C 9 / 06 )

Subject : Calf rearing

Given the EU 's ratification of the European Convention on
the Protection of Animals, kept for Farming Purposes, and
also the European Convention 's Rules on the Protection of
Calves, and its acceptance of the recommendation on
Treatment of Cattle, is it not the case that the EU has a legal
obligation to bring its own legislation on the veal crate
system into line with these measures ?

Joint answer
to Written Questions E-1288 / 95 and E-1608 / 95

(5 December 1995 )

1 . On 1 9 November 1991 the Council adopted Directive
91 / 629 / EEC, which lays down minimum standards for the
protection of calves confined for rearing and fattening .

Article 6 of that Directive provides that :

' Not later than 1 October 1997, the Commission shall
submit to the Council a report, drawn up on the basis of

Subject : Imports of beef into the European Union

Will the Council state what means are available to the

European Union to stop imports of meat treated with
growth-promoting substances ?

Will it also state its position as regards scientific research

( inter alia by the Lamming Working Party ) which
demonstrates that the use in stockfarming of oestradiol 17(3,
testosterone, progesterone, zeranol and trenbolone does not
have a deleterious effect on public health if the correct
conditions are observed ( correct doses, administered by
specialists, after sufficiently long waiting periods )?

Does it endorse the view that the provisions of the GATT
agreements relating to the meat sector manifest
unacceptable disregard for the views of the vast majority of
European consumers and for European public opinion ?

Will it follow the recommendations formulated by
Parliament on 16 March 1995 ? Will it, therefore, maintain
and continue to defend at all costs the blanket ban on the use

of hormones ?

No C 9 / 4 EN Official Journal of the European Communities 15 . 1 . 96

Answer

(5 December 1995 )

Community legislation makes beef imports into the territory
of Community Member States subject to guarantees from
the component authorities of the exporting country that the
meat comes from untreated animals ; it lays down the checks
at the external border ( systematic checks on documentation
and spot checks on the meat itself ) which are to be carried
out by the competent national authorities .

As regards evaluating the scientific aspects of the
administration of hormones, particularly in the light of
compatibility with the new WTO rules, the Council has
been informed that the Commission intends to hold a

symposium before the end of the year ; the Commission 's
position will be defined following that symposium .

regarding the observations by the Court of Auditors to
which the Honourable Member refers :

' The Council notes that, in the case of Germany, the
Court considers that the difficulties mentioned resulted

mainly from the post-unification period, combined with
the first stage of implementation of the CAP reform ; the
Council infers from the Commission 's replies that the
problems raised are now being settled .'

The Council adopted this recommendation after close
scrutiny of the Court of Auditors ' observations which
related to the 1993 financial year, the replies — which the
Council hopes are satisfactory — made by the German
authorities to those observations, and the measures adopted
following the Court audits . The Commission has invited the
countries . concerned to comment on the Court 's

observations .

WRITTEN QUESTION E-1511 / 95

WRITTEN QUESTION E-15 10 / 95 by Anita Pollack ( PSE )

by Edith Miiller ( V ) to the Council

to the Council
(9 June 1995 )

(9 June 1995 )

( 96 / C 9 / 08 )

Subject : Council recommendation on the 1993 discharge,

EAGGF guarantee

The 1993 Court of Auditors report severely criticized the
implementation by the German authorities of the different
EAGGF measures on the grounds of the complete lack of
coordination between the various administrative entities

concerned .

However, the Council states in its recommendation on the

1993 discharge that ' the problems raised have now been
settled '.

What has made the Council optimistic enough to think that
the administrative and control problems in Germany will
shortly be solved ? In the opinion of the Council, are the
administrative and control problems noted by the Court of
Auditors restricted to the new Lander or do they also occur
in the old Lander ? What was the reaction of the

representatives of the FRG to this recommendation ?

Answer

(5 December 1995 )

The Council would first of all like to point out that in the
recommendation it sent to the European Parliament on
24 March 1995 it included the following statement

( 96 / C 9 / 09 )

Subject : Human rights in Cote d'lvoire

Is the Council aware of Amnesty International 's growing
concern about trials in Cote d'lvoire of journalists who were
critical of the way in which power was transferred in 1993,
and of violent clashes between students and security forces,
and has it taken any action in this area ?

Answer

(5 December 1995 )

The Council actively supports the democratic process in
Africa and attaches great importance to the human rights
situation in this context, which it is following with the
greatest attention . The Union constantly re-states its
position on the matter to the various countries in which
fundamental human rights, which are an essential aspect of
human dignity, are not respected .

The matters mentioned by the Honourable Member have
not, however, been referred to the Council .

Furthermore, and more specifically in connection with the
incident which occurred last June between the Minister for
Security of Cote d'lvoire, General Ouassenan Kone, and the
journalist and Secretary for International Affairs of the
Ivorian Popular Front ( IPF ), Mr Abou Dramane Sangare,
the Ambassador of the State which held the Presidency of
the European Union made representations to the authorities

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 5

of Cote d'lvoire on behalf of the Ambassadors of the

Member States of the EU accredited to Cote d'lvoire,
deploring the mistreatment to which the journalist was
subjected .

WRITTEN QUESTION E-1542 / 95

referred to by the Honourable Members has not been raised
in Council . As to whether, in the case in point, the
Commission has complied with the provisions of the Treaty
and acts adopted pursuant to it, in particular the Directive to
which the Hourable Members refer, the Council would
remind them that in the final analysis it is for the Court of
Justice to ensure that Community law is observed .

by Fausto Bertinotti ( GUE / NGL ),
Laura González Alvarez ( GUE / NGL ) and

Mihail Papayannakis ( GUE / NGL ) WRITTEN QUESTION E-1550 / 95
to the Council by José Gil-Robles Gil-Delgado ( PPE )

to the Council
(9 June 1995 )

( 96 / C 9 / 10 ) (9 June 1995 )

( 96 / C 9 / 11 )

Subject : Request for compulsory retirement of the
Commission for failure to fulfil its mandate as laid

down in the Treaty

Whereas the Commission has given a favourable opinion on
part of a German project to build the A20 motorway which
would pass through areas protected by Directive
79 / 409 / EEC (*) and by the Ramsar Convention,

whereas Annex III of Directive 85 / 337 / EEC ( 2 ) stipulates
that an environmental impact assessment must be carried
out on the project as a whole and not on separate parts,

whereas under Article 155 of the Treaty the Commission is
responsible for ensuring that the Treaty and Community
measures are applied,

1 . Does the Council not agree that the Commission is in
breach of its fundamental duties by failing to apply
Article 155 of the Treaty and the provisions of Directive
85 / 337 / EEC on environmental impact assessment ?

2 . Does the Council not feel compelled to call for
compulsory retirement of the Commission, pursuant to
Article 160 of the Treaty ?

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

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

Subject : Discrimination in inter-university cooperation

programmes ( Erasmus )

I have been informed that the German and Spanish States
are restricting the allocation of Erasmus funding to German
' Hochschulen ' and to State institutions in Spain . As a result,
all the Union 's citizens are being discriminated against, since
nationals from other States who wish to study in Germany
or in Spain, but do not belong to these particular
institutions, have no access to these funds, and vice

versa .

Can the Council tell me whether this actually is the current
situation, and what steps it can take in this connection so as
to put an end to whatever discrimination exists ?

Answer

(5 December 1995 )

Article 2 of the Decision establishing the Community action
programme Socrates ( which incorporates action under the
Erasmus programme ) states that for the purpose of the
programme the term ' university ' covers ' all types of higher
education institutions which offer qualifications or
diplomas at that level, whatever such establishments may be
called in the Member States '.

Answer The funds available for applications submitted under the

(5 December 1995 ) programme are allocated by the Commission in accordance

with clearly established principles . Questions concerning
implementation of the programme, including the cases
instanced by the Honourable Member, should therefore be
Responsibility for checking whether the Directives addressed to the Commission .
79 / 409 / EEC and 85 / 337 / EEC referred to by the Hourable
Members have been complied with in this particular case lies
not with the Council, but the Commission . The opinion

Answer

(5 December 1995 )

No C 9 / 6 EN Official Journal of the European Communities 15 . 1 . 96

QUESTION E-1751 / 95 1994 Community aid went to 65 % of communities taking

Markus Ferber ( PPE ) part in twinning in Ireland and to 43 % of such communities

in Spain .
to the Commission

WRITTEN QUESTION E-1751 / 95

by Markus Ferber ( PPE )

( 12 June 1995 ) (') OJ No C 103, 24 . 4 . 1995 .

( 96 / C 9 / 12 )

Subject : European Union subsidies for international town

twinning

Can the Commission provide the following information on
EU support for international town twinning :

1 . What was the amount of the EU subsidy for
German-French twinning from 1990 to 1994 ?

2 . How much of the funding to promote European town

twinning went to Bavaria between 1990 and 1994 ?
What proportion of that sum went to Swabia ?

3 . How much of the funding to promote German-French

town twinning went to Bavaria between 1990 and

1994 ? What proportion of that sum went to Swabia ?

4 . How were the EU funds for the promotion of town
twinning allocated among the Member States between

1990 and 1994 ?

Answer given by Mr Oreja
on behalf of the Commission

( 28 September 1995 )

The Commission will have to carry out lengthy research to
provide a detailed answer to the questions on the regional
distribution of financing to promote twinning between
European towns and cities for 1990 to 1994 . It will inform
the Honourable Member as soon as it has the results .

On the matter of the grants made to individual Member
States, the Commission would refer the Honourable
Member to the answer to Written Question No 2864 / 94 (*)
by Mrs Ewing and the report sent by the Commission to
Parliament 's Committee on Budgetary Control in May 1 995
on the allocation of funds under title III / A-3 of the budget,
which also contains detailed information on grants for
town-twinning .

These documents reveal that each year over 2 500
communities received Community aid under the twinning
programme . In absolute terms, the largest number of
communities were in France, Germany and the UK, with
37%, 22% and 14% respectively of the aid granted .

However, in terms of the proportion of twinned towns and
cities which obtained aid, Ireland and Spain take the lead ; in

WRITTEN QUESTION E-1753 / 95

by Wolfgang Kreissl-Dörfler ( V )

to the Council

( 19 June 1995 )

( 96 / C 9 / 13 )

Subject : Deaths of refugees at EU external borders, while

on remand pending deportation and in refugee

camps

Since many EU Member States have changed their laws on
the right of asylum, since the Dublin Agreement has come
into force and since negotiation of several re-admission
agreements with third countries, there has been a rapid
increase in the number of illegal entries or attempted entries
by asylum-seekers at the EU 's external borders . There have
been numerous press reports about refugees from Sri Lanka,
Albania and Turkish Kurdistan who died crossing the River
Neisse on the border between Poland and Germany or the
Strait of Otranto off Italy .

Does the Council have information on the exact number of

refugees who have died since 1 January 1993 while
attempting to cross the EU 's external borders ?

How many asylum-seekers in the EU have died, either
through suicide or at the hands of others, during attempts to
deport them back to their home country ?

How many asylum-seekers in the EU have died, either
through suicide or at the hands of others, while on remand
pending deportation or in refugee camps ?

Answer

(5 December 1995 )

The Council would point out to the Honourable Member
that the Dublin Convention has not yet entered into force
and that it is difficult, in the absence of reliable statistics, to
estimate the number of illegal crossings of borders .
Moreover, the harmonization measures which have been
adopted in the context of the European Union in the field of
asylum and policy on aliens are applied as befits the
humanitarian tradition of the Member States, in such a way
as to guarantee adequate protection to refugees in
accordance with the terms of the 1951 Geneva Convention,
as amended by the 1967 New York Protocol, relating to the
Status of Refugees .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 7

The Council is alarmed at the increasing numbers of victims
of illegal immigration networks . Following the European
Council in Essen, the brief of the Europol Drugs Unit was
extended to cover this type of crime .

The Council has no information regarding the Honourable
Member 's question .

Answer

(5 December 1995 )

The Council does not at present have the figures requested
by the Honourable Member . In future, however, the annual
reports of the Europol Drugs Unit, and subsequently
Europol, could provide more detailed information . These
annual reports will normally be forwarded to the European
Parliament . WRITTEN QUESTION E-1801 / 95

WRITTEN QUESTION E-l 796 / 95

by Lissy Grôner ( PSE )

to the Council

( 26 June 1995 )

( 96 / C 9 / 14

Subject : Telescope project on Mount Graham, Arizona

( holy mountain of the San Carlos Apaches )

The University of Arizona would like to set up a large
binocular telescope on the top of Mount Graham, at a cost
of about US$ 60 million . As the university itself does not
have sufficient funds it has been seeking project partners,
and among those it has found is the Max Planck
Institute .

There are many arguments against this project :

1 . Mount Graham is a central holy shrine for the western
Apaches . The tribal council has described the
construction of the telescope station as deeply offensive
to religious sensibilities .

2 . From the scientific point of view as well, Mount Graham
is considered inappropriate, or less appropriate than
neighbouring mountain tops .

3 . The major environmental protection organizations in
the USA are also opposed to the project, as it will destroy
a unique ecosystem .

Does the Council know whether, and if so to what extent,
EU countries are involved in this project ?

Are EU funds to be used in this project, either directly or via
research institutes in the Member States which receive EU

subsidies ?

Is the Council in favour of the project, or will it speak out
against construction of the telescope and prevent any EU
funds being invested in it ?

by Alex Smith ( PSE )

to the Commission

( 28 June 1995 )

( 96 / C 9 / 15 )

Subject : Plutonium working group report

In November 1994 the United States Energy Department
published an 8 000-page study ( DOE-EH-O415 ) on the
environmental, safety and health vulnerabilities associated
with plutonium storage .

Will the Commission obtain this study and examine its
conclusions for its relevance to plutonium management in
the European Union ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(7 September 1995 )

The Commission was unaware of the study referred to by
the Honourable Member .

Enquiries are now being made, however, to obtain
information on it in order to determine whether it is of

interest to the Community and, should that be the case, to
acquire it .

WRITTEN QUESTION E    - 1 824 / 95

by Carlos Robles Piquer ( PPE )

to the Council

( 26 June 1995 )

( 96 / C 9 / 16 )

Subject : Sudan and the International Monetary Fund

There has recently been a rapprochement between the

Sudanese Government and the International Monetary
Fund . The former appears to be prepared to implement an
economic policy in accordance with the rules laid down by
the latter .

If this is so, is the Council prepared to apply a common
foreign policy with a view to making the Sudan respect the

No C 9 / 8 EN Official Journal of the European Communities 15 . 1 . 96

most basic principles of human rights and abandon its authorities ' ban on embarking and disembarking in French
current behaviour, which is regrettably imitated by the ports ?
major guerilla groups opposing the government ? To this
end, can the Member States bring pressure to bear on the If so, what action will it take ?
IMF not to allow itself to be guided purely by economic
considerations ? If not not ?

If so, what action will it take ?

If not, why not ?

(') OJ No L 36.4, 12 . 12 . 1992, p . 7 .

Answer

/5 December 1995 ) Answer given by Mr Kinnock

on behalf of the Commission

( 12 October 1995 )
The European Union has from the outset followed with
concern the general situation, and more particularly the
human rights situation, in Sudan . This concern has been Council Regulation ( EEC ) No 3577 / 92
expressed inter alia through the arms embargo introduced contained a temporary exemption from
on 15 March 1994 and the firm and critical dialogue offered the Regulation in favour of cruise
Sudan in the Declaration of 21 February 1994 . The aim of States ( Greece, Spain, France,
this dialogue is a frank exchange of views on subjects such as exemption expired on 1 January 1995
the civil war in the south of the country, human rights, the services but is still in force for island
distribution of humanitarian aid, terrorism and democracy, 1 January 1999 .
in order to bring about an improvement in the conduct of
the Sudanese Government, in particular in these areas . However the question of whether the

Council Regulation ( EEC ) No 3577 / 92 of 7 December 1992
contained a temporary exemption from the application of
the Regulation in favour of cruise services in five Member
States ( Greece, Spain, France, Italy, Portugal ). This
exemption expired on 1 January 1995 for mainland cruise
services but is still in force for island cruise services until

1 January 1999 .

, particular areas . However, the question of whether the sailing boat services

concerned can still be considered ' cruise services ' in the

meaning of the Regulation is still in doubt . Even if it is

holds the Sudanese the view Government that pressure until should it makes continue a real to confirmed that they are ' cruise services ', they would still not

be liberalized since they would fall under the exemption for

democratization and respect for human rights .

vessels smaller than 650 gross tons . The exemption for
services by vessels of less than 650 gross tons does not
specify whether these vessels should be used exclusively for
transport of passengers or of cargo . They may, therefore, be
lawfully reserved to the national flag until 1 January 1998 in
the mainland trades and until 1 January 1999 in the island
trades ( 2004 in Greek island trade ).

WRITTEN QUESTION E-l 870 / 95

The Council holds the view that pressure should continue to
be exerted on the Sudanese Government until it makes a real

effort at democratization and respect for human rights .

by Florus Wijsenbeek ( ELDR )

to the Commission

(3 July 1995 )

96 / C 9 / 17 WRITTEN QUESTION E-l 875 / 95

by Christine Crawley ( PSE )

to the Commission

Subject : Cruising in France

Is the Commission aware that the French authorities are not

correctly applying to leisure sailing Regulation ( EEC )
No 3577 / 92 (*) applying the principle of freedom to provide
services to maritime transport within Member States

( maritime cabotage )? It is forbidden for passengers on sail
cruise ships other than French vessels to board or disembark
in French ports, despite the fact that since 1 January 1995
cruising can no longer be excluded from cabotage .

If these vessels were to engage in cruising they could not
come under the third excluded category of vessels smaller
than 650 gross tons .

Is the Commission prepared to take action so that this
traditional form of sailing is no longer covered by the French

(3 July 1995 )

( 96 / C 9 / 18 )

Subject : Ecolabel scheme

The Commission will be aware of the Ecolabel scheme
which had its origins in Regulation ( EEC ) No 880 / 92 ( 1 ).
The Ecolabel Award Scheme has had a slow start .

Manufacturers are reluctant to invest the resources

necessary to include their products in the scheme because
consumers are largely unaware of what the Ecolabel
represents . Consumer awareness will not improve until
more products are awarded the Ecolabel . What steps can the
Commission take to give a boost to this valuable, but
under-used, initiative ?

( ] ) OJ No L 99, 11 . 4 . 1992, p . 1 .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 9

Answer given by Mrs Bjerregaard

given by Mrs Bjerregaard To this end, a European monitoring centre for young people

of the Commission could be set up to improve coordination of Member States '

(5 October 199 5 ) specific measures to protect the lives of young people .

on behalf of the Commission

The Commission has so far published eco-label criteria for
the following product groups :

— washing machines,

— dishwashers,

— toilet paper,

— kitchen rolls,

— soil improvers,

— laundry detergents .

The process of establishing eco-label criteria is in progress
and at various stages of development in each case, for
textiles, writing and photocopying paper, thermal
insulation products, lightbulbs, paints and varnishes etc .
Several other categories of products are under preliminary
study .

Consumer awareness is an essential aspect for the success of
the eco-label . Therefore, the Commission is considering a
possible information and awareness campaign, to be
launched through the national eco-label competent bodies,
established by the Member States as required by Regulation

( EEC ) No 880 / 92 . This campaign could be launched in
1996, when eco-label criteria will have been set for a
sufficient number of important product groups .

WRITTEN QUESTION P-1901 / 95

by Luisa Todini ( UPE )

to the Council

Answer

(5 December 1995 )

The Council attaches the greatest importance to children 's
rights as established in the Convention on the Rights of the
Child signed in New York on 26 January 1990 .

However, the Council is not in a position to comment on
any future action by the 1996 Intergovernmental
Conference .

WRITTEN QUESTION E-l 902 / 95

by Niels Kofoed ( ELDR ) and

Karin Riis-Jørgensen ( ELDR )

to the Commission

(3 July 1995 )

( 96 / C 9 / 20 )

Subject : Implementation of Council Directive 92 / 1 1 7 / EEC

of 17 December 1992 on zoonoses

What measures does the Commission intend to take to

ensure that Council Directive 92 / 11 7 / EEC of 17 December

1992 (*), which has been in force since 17 December 1994, is
implemented as soon as possible in the other Member
States ?

If the other Member States cannot guarantee the speedy
implementation of the Directive, will the Commission
consider initiating proceedings for failure to comply with
Treaty obligations, so as to ensure equal conditions of
competition for Danish poultry producers ?

0 ) OJ No L 62, 15 . 3 . 1993, p . 38 .

( 21 June 1995 ) Answer given by Mr Fischler
on behalf of the Commission
( 96 / C 9 / 19 )

(7 September 1995 )

Subject : Establishment of a European monitoring centre for

young people

Will consideration will given at the 1996 Intergovernmental

Conference to the idea of inserting in the Treaty on
European Union a chapter entirely devoted to young people,
given that acts of violence against young people are reported
almost daily by newspapers throughout Europe ?

Special consideration should be given to prevention of
sexual abuse against young people .

The Commission is aware that, in respect of the relevant
part of this Directive, only the Danish plan for control of
salmonella in fowl has been approved ( Commission
Decision 94 / 507 / EC of 27 July 1994 approving the plan
presented by Denmark to monitor and control salmonella in
poultry (*)). While the Directive is being implemented in
other Member States, the plans submitted include
provisions which in some cases are not fully in line with the
Directive and have not therefore been approved . It is only in
the case of Denmark that the Community provides financial
assistance for the implementation of control measures for
salmonella in poultry breeding flocks . This financial

No C 9 / 10 EN Official Journal of the European Communities 15 . 1 . 96

contribution is set at 50 % of the slaughter and destruction
costs borne by Denmark within a maximum of ECU
330 000 for 1994 and a maximum of ECU 660 000 for

1995 . The Commission has been informed ( 27 June 1995 )
that no Danish poultry breeding flock has been found
positive for salmonella enteritidis or salmonella
typhimurium so far this year .

The Commission will continue to keep all aspects of .
Directive 92 / 117 / EEC under review and will take the

necessary initiatives having regard to its findings .

f 1 ) OJ No L 203, 6 . 8 . 1994 .

WRITTEN QUESTION E-1936 / 95

by Yiannis Roubatis ( PSE )

to the Commission

Answer given by Mr Kinnock

on behalf of the Commission

( 12 October 1995 )

According to information provided by the Greek
authorities, an environmental impact assessment in
conformity with Directive 85 / 337 / EEC ( J ) has been carried
out for the portion of the Via Egnatia, which includes the
Dodoni area ( Igoumenitsa-Pedini ). As a result, an alteration
of the route has already been imposed by the environmental
authorities so as to avoid possible harmful effects for the
Dodoni theatre .

According to the Greek authorities, this new route received
the approval of the archaeological services .

In line with the subsidiarity principle, any intervention by
the Commission to ascertain whether individual projects
take into account environmental provisions — as required
by the Directive on the assessment of the effects of certain
public and private projects on the environment

( 85 / 337 / EEC ) — is limited to specific cases of violation of its
articles . This does not seem to be the case .

(6 July 1994 ) (') OJ No L 175, 5 . 7 . 1985 .
( 96 / C 9 / 21 )

Subject : Ancient theatre of Dodona endangered by the new

Via Egnatia

WRITTEN QUESTION E-1943 / 95

One of the large-scale priority projects to be carried out in
Greece with Union funding is the construction of the new
Via Egnatia, a 30-metre wide motorway linking the port of
Igoumenitsa with the Greek-Turkish border . The planned
route of the motorway shows that it will pass within a mere
kilometre of the ancient theatre of Dodona in the region of
Epirus . The theatre of Dodona is one of the largest and best
preserved ancient Greek theatres while Dodona itself is a site
of unparalleled natural beauty which has been listed by the
International Council of Monuments and Sites, Icomos .

The proximity of the motorway will in all likelihood
endanger the theatre, destroying the archaeological unity of
the site, ruining the view, causing noise and chemical
pollution and exposing the ancient monuments to harmful
vibrations .

1 . What is the Commission 's position on the dangers

outlined above ?

2 . Is it not possible and advisable to alter the route of the
motorway to leave the ancient theatre and the site of
Dodona unaffected by any outside intervention ?

3 . In any event, what measures does the Commission
intend to take to protect the ancient theatre and the site
of Dodona to the fullest possible extent ?

by Inigo Méndez de Vigo ( PPE )

to the Commission

(6 July 1994 )

( 96 / C 9 / 22 )

Subject : Convention on protecting the Mediterranean

Following the holding of the UN-sponsored Convention on
Protecting the Mediterranean ( 11 and 12 June 1995 ), 18 of
the 20 countries which took part have adopted a
Mediterranean Action Plan intended to restore the

Mediterranean 's ecological balance .

Did the Commission monitor the Convention 's work ? If so,
what measures has it adopted or does it intend to adopt to
support this Action Plan ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 10 October 1995 )

As the representative of the Community, which is a
Contracting Party to the Convention for the Protection of

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 11

the Mediterranean Sea Against Pollution and its related
protocols ( the Convention of Barcelona ), the Commission
participated in the plenipotentiaries ' conference which took
place in Barcelona on 9 and 10 June 1995 .

The Commission is aware of the importance of the
Mediterranean Action Plan and the legal framework of the
Convention and its protocols . It has played an active role
since the beginning of this cooperation in the activities and
initiatives undertaken in this context . To strengthen further
the measures to be adopted in this regional context and to
give more adequate support to promoting cooperation in
the Mediterranean Basin, the Commission intends to
incorporate the existing framework into the activities and
action programmes which will be decided upon at the
Euro-Mediterranean Conference to be held in Barcelona on

27 and 28 November 1995 .

The Commission is endeavouring to group all the persons
providing capital in the region to focus on a number of
major priorities for the area, concentrating their efforts on
preventing and combating the deterioration of the region 's
environment . The Commission believes that an integrated
approach and the coordination of all those involved are
necessary to achieve this ambitious objective . The
Commission will take care that any initiative or activity in
which it participates in the region concurs with these
principles of consistency and efficiency .

WRITTEN QUESTION E-l 968 / 95

by Helena Torres Marques ( PSE )

to the Council

( 10 July 1995 )

( 96 / C 9 / 23 )

Subject : Tourism as a common policy in the European

Union

According to ' Europe ' of 29 March 1995, Commissioner
Papoutsis appealed to the European Parliament to support
the Commission in its efforts to promote a common tourism
policy in the European Union . He said, however, that ' this
will not be easy, because on the basis of the principle of
subsidiarity, several Member States are saying that tourism
is not the business of the European Union '.

When I asked the Commissioner which countries took this

view, he replied that that was a matter for the Council .

Can the Council inform me which are the countries

concerned ?

Answer

(5 December 1995 )

The Honourable Member is doubtless aware that a

reference to tourism is included in Article 3 ( t ) of the Treaty
establishing the European Community . However, this
mention was accompanied by Declaration No 1 annexed to
the Treaty on European Union which states that the
question of introducing a specific title on tourism will be
discussed in the context of the 1996 Intergovernmental
Conference, on the basis of a report to be submitted to the
Council by the Commission .

Pending discussion in the abovementioned context, it would
be premature for the Council to comment in greater detail
on the possible introduction of a common tourism
policy .

WRITTEN QUESTION E-1991 / 95

by Ralf Walter ( PSE )

to the Commission

(8 July 1995 )

( 96 / C 9 / 24 )

Subject : Flood damage insurance

In a debate in the Rhineland-Palatinate regional assembly on
private law insurance against flood damage, a member of
the assembly claimed — citing the Commission as his
authority . — that insurance agains the forces of nature
contravened EU law .

To what extent is this the case, and why ?

Answer given by Mr Monti
on behalf of the Commission

( 12 October 1995 )

Introduction by the Community of an obligation to take out
private insurance against flood damage would run counter
to the principle of subsidiarity enshrined in Article 3 b of the
EC Treaty . Given the geographical and geological features
and weather conditions specific to each Member State,
protection against natural disasters and compensation for
the damage they cause are matters that can be handled better
at Member State than at Community level .

No C 9 / 12 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2008 / 95

by Susan Waddington ( PSE )

to the Commission

(8 July 1994 )

( 96 / C 9 / 25 )

Subject : High incidence of brain tumours in rural areas and

the use of pesticides

Concern is continuing to be expressed by the general public
and the medical profession that the high incidence of brain
tumours and other cancers in rural areas is due to the use of

pesticides such as the organochlorine ' Lindane ' ( e.g. a study
by scientists at the Queen 's Medical Centre, in the Trent
Health Authority area, has shown that children in
Lincolnshire and South Humberside have contracted brain

tumours at double the expected rate ).

Can the Commission allay these fears following its
re-evaluation of such pesticides under Directive 91 /
414 / EEC ( ! ) and what specific ' necessary measures ' will the
Commission take to limit the use of such pesticides, should
the findings of the re-evaluation correspond with that of
independent research, taking into account that pesticides
such as ' Lindane ' have been banned or restricted in 28

countries ?

(!) OJ No L 230, 19 . 8 . 1991, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 27 September 1995 )

According to information available to the Commission the
results of epidemiological studies linking pesticide exposure
to increased incidence of cancers have been inconclusive and

have failed to establish a clear cause and effect relationship .
Should the Honourable Member have access to new

information linking the use of pesticides to the incidence of
cancer, the Commission would be prepared to have it
examined as a matter of urgency .

In this context it should be noted that in Commission
Regulation ( EEC ) No 3600 / 92 C ) laying down the detailed
rules for the implementation of the first stage of the
programme of work referred to in Article 8 ( 2 ) of Council
Directive 91 / 414 / EEC concerning the placing of plant
protection products on the market, provision has been made
for third parties to submit technical or scientific information
with regard to the potentially dangerous effects of any of the
90 substances listed in the Regulation which includes
lindane .

The Commission, in common with the public in general,
views with great concern the level of cancer which has

motivated its campaign against cancer . The Commission
can assure the Honourable Member that any health risks
associated with plant protection products will be
thoroughly investigated in the context of the inclusion of
an active substance in annex 1 of Council Directive

91 / 414 / EEC .

(') OJ No L 366, 15 . 12 . 1992 .

WRITTEN QUESTION E-20 10 / 95

by Alan Gillis ( PPE )

to the Commission

(8 July 1995 )

( 96 / C 9 / 26 )

Subject : Salmon imports from Norway

Between 1994 and 1995 production of farmed salmon in
Norway is estimated to rise by almost 50 % i.e. from
210 000 tonnes to 300 000 tonnes . Of this 214 000 tonnes

remain to be harvested this year .

For April this year compared with the same month last year,
Norwegian exports of fresh salmon to the EU increased by
46 % . Such increases will rapidly lead to the collapse of the
EU farm fisheries industry which is providing employment
in disadvantaged, peripheral regions of the Community .

In addition to that dramatic increase in production in 1995,
juvenile smolts for next year 's harvest year have risen from

84 million to 100 million, i.e. by another 16 % . This gives
the potential for a further damaging increase in production
in 1996 to an estimated 400 000 tonnes of Norwegian
fish .

What was the outcome of the Commission 's recent meeting
with the Norwegian authorities in May, what concrete
measures does the Commission intend to take in view of the

continuous expansion of Norwegian salmon arriving on to
the Community market at the expense of EU producers, thus
endangering the survival of EU companies, many of which
have been set up with EU assistance to provide employment
in regions of the EU which are already severely affected by
peripherality and endemic unemployment ?

Answer given by Mrs Bonino

on behalf of the Commission

( 14 September 1995 )

The forecast figures for Norwegian production of salmon
are disputed, but it is certain that production is increasing

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 13

substantially and so are deliveries to the Community
market .

As the Honourable Member will know, the fisheries
committee of the Parliament has also met the Norwegian
authorities, when production forecasts, possibilities for
further expansion of the market and questions on State
support were discussed . The Commission would also refer
the Honourable Member to its answer to Written Question
E-1851 / 95 by Mr Killilea (*).

The Commission is monitoring the situation as closely as
possible . The concerns expressed by the Honourable
Member and other parties will be rajsed again shortly with
Norway .

(!) OJ No C 311, 22 . 11 . 1995, p . 18 .

WRITTEN QUESTION E-2039 / 95

by Karl-Heinz Florenz ( PPE )

to the Commission

( 12 July 1995 )

( 96 / C 9 / 28

Subject : Sewage sludge and compost

1 . How much sewage sludge and municipal compost is
produced in the European Union and in the individual
Member States every year, and what trends does the

Commission foresee to the next five years ?

2 . What proportion of sewage sludge and municipal
compost are used for agriculture, burnt or dumped in waste
tips in each individual Member State ?

3 . What are the costs of the three methods of disposal
indicated above ?

4 . What impact does the Commission consider that the
WRITTEN QUESTION E-2012 / 95 various have on means the climate of disposing ? of sewage sludge and compost

by Phillip Whitehead ( PSE )

to the Commission

(8 July 1995 )

( 96 / C 9 / 27 ) Answer given by Mrs Bjerregaard

on behalf of the Commission

(9 October 1995 )

Subject : Council Directive 92 / 43 / EEC concerning the
conservation of natural habitats, flora and
fauna

With regard to answer to Written Question E-737 / 95 (*) to

Mr Eisma MEP regarding Directive 92 / 43 / EEC ( 2 ), will the
Commission provide details of the reason why the
procedure under Article 169 of the Treaty on European
Union initiated against the UK has now been set aside ?

0 ) OJ No C 202, 7 . 8 . 1995, p . 23 .
( 2 ) OJ No L 206, 22 . 7 . 1992, p . 7 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 October 1995 )

The United Kingdom 's notification of the national
implementing measures of Directive 92 / 43 / EEC was
incomplete . The infringement procedure is therefore still in

progress .

1 . and 2 . The Commission will send the information

requested direct to the Honourable Member and to the
Secretariat-General of Parliament .

3 . The cost of the various waste disposal techniques
varies widely from one country to another and even, as
regards landfill, from one local authority to another . These
variations are due to differences in collection and transport
systems, technologies and taxation policy .

While the Commission does not have any data that are

broken down according to disposal costs per type of waste,
it does indeed have such data on disposal methods . Thus the
cost of incineration varies from ECU 18 to 360 per tonne
while that of landfill varies from ECU 1 to 176 per tonne,
depending upon the Member State .

Likewise, depending upon the Member State, composting
costs between ECU 9 and 77 per tonne .

4 . The Commission has not assessed the effect on the

climate of the various means of disposal, but it is clear that
gaseous emissions due to incineration and landfill
contribute to the greenhouse effect .

No C 9 / 14 EN Official Journal of the European Communities 15 . 1 . 96

Answer given by Mrs Bjerregaard

WRITTEN QUESTION E-2040 / 95 Answer given by Mrs
on behalf of the Commission

by Karl-Heinz Florenz ( PPE )

to the Commission (4 October 1995 )

( 12 July 1995 )

96 / C 9 / 29 The Commission issued a call for proposals concerning a
study on composting on 9 June 1995 ( 1 ). The Commission
will decide whether it is appropriate or otherwise to

Subject : Sewage sludge and compost intervene at Community level once it has examined the

results of that study .

1 . Can the Council say what volume of sewage sludge is
shipped between the Member States and which Member
States export most sewage sludge ?

2 . Does the Commission see any possibility of launching
a pilot project aimed at promoting cooperation between
farmers, cities and municipalities in using sewage sludge and
compost in a way which benefits the region concerned and is
environmentally friendly ?

(') OJ No C 143, 9 . 6 . 1995 .

WRITTEN QUESTION E-2048 / 95

by Martina Gredler ( ELDR )

to the Council

( 14 July 1995 )

( 96 / C 9 / 31 )
Answer given by Mrs Bjerregaard

on behalf of the Commission

( 10 October 1995 )

1 . As sewage sludge is not listed in the customs
nomenclature, the Commission does not have the
information requested .

2 . Before the end of 1995, the Commission intends to
conclude a contract for a study on composting throughout
the European Community with a view to devising a
Community policy for promoting the recycling of organic
waste, a waste which includes sewage sludge .

A pilot project along the lines of the one referred to by the
Honourable Member could make a useful contribution in

this more general context .

WRITTEN QUESTION E-2041 / 95

Subject : Eighth European Development Fund ( EDF )

Following the agreement reached by the Heads of State and
Government in Cannes to allocate ECU 13,3 billion to the
new EDF, ACP ambassadors discovered a discrepancy of
ECU 2,5 billion . This may lead to a reduction in the
undertakings regarding new areas of cooperation given in
the course of negotiations on the mid-term revision of the
Fourth Lome Convention .

How does the Council intend to raise the missing ECU 2,5
billion ?

Are there any plans to reduce the areas of cooperation, the
level of commitments or the financial requirements ?

Will funding be made available according to a list of
priorities ?

Which budget headings in this area will be deleted ?

by Karl-Heinz Florenz ( PPE ) Answer

to the Commission (5 December 1995 )

( 12 July 1995 )

( 96 / C 9 / 30 The amount of the Eighth EDF was definitely fixed at the
European Council meeting in Cannes . The resources of the
Eighth EDF will be in fact be ECU 13 307 million for the

Subject : Sewage sludge and compost second five-year period of application of the Fourth

ACP-EEC Convention .

Is the Commission aware that the pollutant component in
compost used for agricultural purposes is in many cases
comparable to that found in sewage sludge used for the same
purpose, and that therefore a Directive on compost is
necessary in order to protect the soil ?

By setting that figure for the EDF the Heads of State and
Government of the Member States sought to maintain in
real terms the level of aid granted to the ACP States under
the previous EDF .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 15

While recognizing that this amount was less than the ACP

States had hoped for, the Council welcomes the two sides '
acceptance of the final package on 30 June 1995, including
the Financial Protocol to the revised Convention .

The Council is confident that the amount of the 8th EDF will

allow the Union to honour all its commitments under the

revised Convention .

WRITTEN QUESTION E-2076 / 95

by Joan Colom i Naval ( PSE )

to the Council

( 14 July 1995 )

WRITTEN QUESTION E-2084 / 95

by Inigo Méndez de Vigo ( PPE )

to the Commission

( 18 July 1995 )

( 96 / C 9 / 33 )

Subject : Legislation applicable to oil platforms

Following the recent controversy occasioned by the plan to
sink the Brent Star oil platform in the Atlantic there have
been calls from certain quarters for the Commission to
introduce legislation applicable to such situations .

Is the Commission planning to take any legislative action in
this field, given the existence in the North Sea of a further
200 similar platforms ?

96 / C 9 / 32 )
Answer given by Mrs Bjerregaard

on behalf of the Commission

(9 October 1995 )
Subject : Sarajevo stress

Reliable reports suggest that the conditions in which EU
civilian and military personnel carry out their tasks in
Bosnia are liable to provoke psychological disorders and
neuroses (' Sarajevo stress ') which become apparent through
various symptoms and at various times .

Many Community citizens are officially present in Bosnia,
based on a number of legal provisions : they range from
civilians belonging to the EU administration in Mostar to
the blue helmets sent by some Member States and WEU
police . Some governments have now started providing
preventive psychiatric treatment for their troops .

Does the Council not take the view that an initiative on its
part would be advisable in order to make this preventive
measure more general and extend it to civilian
personnel ?

Answer

(5 December 1995 )

Since the Community citizens, to whom the Honourable
Member refers, are sent to Bosnia on the basis of national
decisions, the Council considers it to be the responsibility of
the contributing countries to provide preventive measures
for ' Sarajevo stress '.

Following the decision by the Oslo Commission on a
moratorium on dumping at sea of disused offshore
installations in the North-East Atlantic, the Commission is
currently examining whether it should propose Community
action on disposal of disused offshore installations .

WRITTEN QUESTION E-2096 / 95

by Ria Oomen-Ruijten ( PPE ) and Arie Oostlander ( PPE )

to the Commission

( 18 July 1995 )

( 96 / C 9 / 34 )

Subject : Storage of radioactive waste at Ahaus

1 . There is a depot at Ahaus for the temporary storage of
fuel elements from nuclear power stations in Germany . It is
feared that such temporary storage might become
permanent . Is the Commission aware of this situation ?

2 . What view does the Commission take of plans by the
government of North-Rhine Westphalia to expand the
Ahaus depot by adding a second storage chamber for
radioactive waste ?

3 . Is it aware that an EI A is not compulsory in this case
and that there is hence no opportunity for prior
consultation, which means that due account cannot be
taken of Dutch objections ? What alternatives exist for
consultation ?

No C 9 / 16 EN Official Journal of the European Communities 15 . 1 . 96

4 . Does it agree that sites close to land borders are often
chosen for undesirable activities such as nuclear power
generation, refuse incineration and the storage of waste and
that border areas are therefore particularly vulnerable ?
What can be done to remedy this situation ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 13 October 1995 )

1 . The storage facility at Ahaus receives spent fuel from
nuclear power stations in Germany . German spent fuel will
either be re-processed in France or the United Kingdom or
conditioned for direct disposal . In both cases, spent fuel
elements will leave the temporary storage facility within the
next two decades . The effective storage time depends on the
availability of a German deep disposal installation for
heat-generating waste . The forecast start-up for the
Gorleben disposal facility is around 2010 .

2 . The Commission is not aware of plans of the
government of North-Rhine Westphalia to extend the
capacity covered by the existing licence .

3 . An environmental impact assessment is not required
for a temporary storage facility . The licence for the Ahaus
facility was in any case before the implementation of the EIA
Directive .

4 . Site selection for nuclear installations is based on

technical and economic considerations and possible siting at
Member States borders is a coincidence . The Euratom

Treaty provides for protection of citizens against hazards
from radiological exposure wherever the nuclear
installations are located .

WRITTEN QUESTION E-2101 / 95

by Lyndon Harrison ( PSE )

to the Commission

( 18 July 1995 )

{ 96 / C 9 / 35 )

Subject : Benelux motorway tariffs

Is the Commission aware that hauliers and other,
commercial vehicle operators in my constituency, who are
seeking to take advantage of the opportunities offered by the
Single European Market and play their part by moving
goods between Member States, are being hit by a double

whammy of high vehicle excise duty in the United Kingdom
and the high cost of the Benelux motorway and trunk road
vignette ?

Does the Commission agree with me that this puts British
hauliers at a competitive disadvantage ?

Is the Commission aware that, because of these
circumstances, hauliers in my constituency are seriously
considering re-registering their vehicles in the Benelux
countries ?

Does the Commission agree that this competitive
disadvantage should be eliminated as soon as possible by the
approximation of indirect taxation between Member States
at the earliest possible opportunity ?

Answer given by Mr Kinnock

on behalf of the Commission

(7 September 1995 )

The Commission is aware that from this year Belgium,
Denmark, Germany and Luxembourg ( the Netherlands will
follow in a few months ) are applying a charge, in accordance
with Directive 93 / 89 / EEC ( J ), for the use of their
motorways . This economic instrument is the equivalent of
motorway tolls which have already existed for some years in
other Member States such as Spain, France and Italy .
Compared with current toll charges, the user charge ( ECU 6
per day ) is not high .

If the British Government considerd that its hauliers were

placed at a competitive disadvantage, it could also introduce
a user charge for all heavy vehicles whatever their country of
registration and, if appropriate, reduce the annual taxes on
British heavy vehicles, subject to the minimum rates laid
down by Directive 93 / 89 / EEC .

The Commission is not aware of British hauliers moving
their place of establishment to Benelux Member States . It
would nevertheless point out that a haulier 's competitive
position is influenced more by vehicle and labour costs, for
example, than by road taxes .

Regarding road taxes, the Commission has always pursued
two main objectives : charging infrastructure and other
transport costs to those who incur them, and harmonizing
competition conditions, including taxes .

( ! ) OJ No L 279, 12 . 11 . 1993 .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 17

WRITTEN QUESTION E-2105 / 95

by Amedeo Amadeo ( NI )

WRITTEN QUESTION E-2164 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission to the Commission

( 18 July 1995 ) ( 28 July 1995 )

( 96 / C 9 / 36 ) ( 96 / C 9 / 37 )

Subject : Sports activities
Subject : Studies into the neutralization of toxic substances

in tobacco

The issue of young people is one of the most keenly debated
and hence one of the most important subjects of concern to
the Community . The many programmes for young people A Greek tobacco
drawn up by the Commission are evidence of this . for

One sector which has always been neglected is the
promotion of sports activities which could, however, be the
subject of important developments in the regions .

Can the Commission give thought to the possibility of
studying a project to promote sports activities in the context
of regional cooperation ?

Answer given by Mr Oreja
on behalf of the Commission

( 24 October 1995 )

The Commission would refer the Honourable Member to its

answer to Written Question E-l 3 82 / 95 by Mrs Ferrer i
Casals (*) where reference was made to the Eurathlon
programme, the programme ' Sports for people with
disabilities ' and the Recite programme .

Within the framework of the Eurathlon programme 1995
and the programme ' Sports for people with disabilities ',
projects have been selected that also concern young people,
which are a specially targeted group .

The Commission plans to continue the Eurathlon action in

1996, subject to the allocation of funds under the budget .
Young people will also be one of the specially targeted
groups in 1996 .

All projects under the Eurathlon programme must provide
evidence of a European dimension with regard to the
participants in the project . A proposal should be submitted
by at least three organizations from three different Member
States .

A Greek tobacco expert, I. Argyropoulos, has developed
technology for refining the toxic substances in tobacco .
Experiments in using this method have been supported from
time to time by German, Swiss and Greek undertakings, the
Greek Tobacco Institute and the US Centre for cancer

research . Mr Argyropoulos ' approaches to the European
Union with a view to support for pilot operations using his
method have consistently been met with no more than
formal acknowledgements ( letter J. Pacheco, head of unit,

10.3.95 / VI / 011218, letter W. Kummer, head of unit,
18.4.94 / V1 / 015405 ).

In view of the enormous health implications of neutralizing
the toxic substances in tobacco, can the Commission, via its
appropriate services, this time adopt a practical and less
bureaucratic approach to the technology being proposed
and make a proper assessment ?

Answer given by Mr Fischler
on behalf of the Commission

( 16 October 1995 )

The Commission takes a very close interest in scientific
research aimed at reducing the toxicity of tobacco .

In order to finance research projects in this field the
Commission published a call for proposals ( J ) under the
Community Fund for tobacco research and information .

The Commission was unable to examine the substance of

the project put forward by the person mentioned in the
question because it arrived in a form which did not meet the
requirements set out in the call for proposals .

0 ) OJ No C 179, 1 . 7 . 1994 .
0 ) OJ No C 270, 16 . 10 . 1995 .

No C 9 / 18 EN Official Journal of the European Communities 15 . 1 . 96

QUESTION P-2224 / 95 publishes an annual report . All data used in the

Blokland ( EDN ) Commission 's bathing water report is provided by Member

the Commission States . The draft report concerning each Member State is

sent to it — well before publication — in order to correct any
( 18 July 1994 ) factual errors .

WRITTEN QUESTION P-2224 / 95

by Johannes Blokland ( EDN )

to the Commission

( 96 / C 9 / 38 )

Subject : Result of the report on the quality of bathing water

in the Netherlands

The annual report for 1994 on the quality of bathing water
has recently been published by the Commission . Both the
ANWB and the RIZA ( national institute for freshwater
management and waste treatment ) have reacted angrily to
the presentation of the results in the report . My feeling is
that the indication ' non-compliance ' is used in the report in
instances where not enough samples are taken, even though
the quality of the water may well comply with the
standards .

1 . Can the Commission clearly indicate whether it uses
' non-compliance ' only if the quality of the bathing water
fails to comply with the standards, or is it also used when
not enough samples are taken ?

2 . If the same term is used in both senses, can the
Commission ensure that this is not the case in next year 's
annual report ?

3 . In the case of the Netherlands, are there examples of
coastal measuring stations where not enough samples
were taken, and the results of the limited number of
samples showed that there might well be a possibility of
failure to comply with the standard for levels of faecal
colibacteria ? If so, which measuring stations were
involved ? Why were no further samples taken ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 September 1995 )

1 . The notion of ' compliance ' is used to show the
percentage of all identified bathing areas that have been
monitored at the appropriate sampling frequency and
which complied with the coliform standards . The
bathing areas which are not in this category are in one of
the following :

( a ) ' not complying with the mandatory values ' which
means that the area has been monitored at the

appropriate frequency but a number of samples
greater than the maximum permissible failed to
comply with the minimum standards set out in the
Annex ;

( b ) ' not sampled or insufficiently sampled '; since
information is not complete, an assessment on the
quality of the bathing water concerned cannot be
made ;

( c ) ' areas where bathing is temporarily prohibited '.

It is clear that an area which belongs to one of the above
categories ( a ), ( b ) and ( c ) cannot be in compliance with
the requirements of the bathing water Directive .

2 . The above distinction is used throughout the report in
the same way for all Member States in order to present
the results as objectively as possible . Therefore the
Commission has not misused the term ' non ­

compliance '.

3 . With regard to Dutch coastal waters, there are 52

identified bathing areas and amongst them 1 1   - were
not sampled and eight insufficiently sampled . In at
least one case, Waddenzee, Harlingen ( Friesland,
Wymbritseradiel ), one out of two samples taken failed
to comply with the minimum standards for faecal
coliforms .

The Commission is not aware of the specific reasons for the

insufficient sampling . It has already contacted the Dutch
authorities and this matter should be clarified in the near

future .

According to Directive 76 / 160 / EEC ( ) ( bathing water ) as ( J ) OJ No L 31, 5 . 2 . 1976 .
amended by Directive 91 / 692 / EEC ( 2 ) for the reporting ( 2 ) OJ No L 377, 31 . 12 . 1991 .
obligations, Member States identify bathing areas, and for
each area they monitor for a number of parameters set out in
the Annex of Directive 76 / 160 / EEC at the minimum
sampling frequency required . Subsequently, they report to
the Commission which, on the basis of this information,

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 19

WRITTEN QUESTION E-2230 / 95

by Isidoro Sánchez García ( ARE )

to the Commission

( 31 July 1995 )

96 / C 9 / 39

Subject : Control system applicable to the common fisheries

policy

Regulation ( EEC ) No 2847 / 93 (*) establishes a control
system applicable to the common fisheries policy . This
system applies both to Community vessels and third country
vessels fishing in Community waters . Some of the control
measures applicable to the latter are excessively stringent,
particularly the requirement to provide 72 hours advance
notification of arrival in port, which is especially difficult for
fishing vessels .

Given the harmful effects that strict application of this rule
may have on ports such as La Luz in Gran Canaria, where
the traffic is mainly from third countries and where the
weight of fish landed annually will be reduced by 40 %, will
the Commission take measures to encourage flexible
application of the rule so as to avoid the adverse impact it
may have on European ports ?

f 1 ) OJ No L 261, 20 . 10 . 1993, p . 1 .

Answer given by Mrs Bonino

on behalf of the Commission

( 15 September 1995 )

ports and to eventually propose a derogation for certain
fleets .

( ] ) OJ No L 121, 12 . 5 . 1994 .

WRITTEN QUESTION E-2234 / 95

by Marie-Paule Kesteliin-Sierens ( ELDR )

to the Commission

( 31 July 1995 )

( 96 / C 9 / 40 )

Subject : The absence of harmonized definitions for
hazardous and infectious wastes from health

care

Neither the European framework Directive on waste nor
the European Waste Catalogue ( Commission Decision
94 / 3 / EC ) C ), nor even the list of hazardous waste ( Council
Decision 94 / 904 / EC ) ( 2 ), provides a clear definition of
hazardous waste or, more particularly, infectious waste
from health care .

The lack of a common definition of hazardous waste from

health care is resulting in enormous differences in the way
EU Member . States manage such waste . The statistics
available reveal that, depending on the definitions used, the
ratio of non-hazardous to hazardous waste may be between
five and 15 to 20 times higher in some Member States than
in others . Given that the cost of treating hazardous waste
can be as much as 20 times higher than the cost of treating
ordinary household waste, waste management costs vary
enormously, and this has a direct impact on health-care

costs .

Will the Commission state :
Article 10 of Council Regulation ( EEC ) No 2847 / 93
requires the master of a fishing vessel flying the flag, or
registered in a third country, to notify the authorities of the 1 . What steps it is taking,
Member State whose landing facilities he wishes to use at Priority Waste Streams
least 72 hours in advance of his time of arrival at the port of care, which it authorized
landing . This requirement is in harmony with the Council
Regulation ( EEC ) No 1093 / 94 ( J ) that sets the terms under 2 . What action it will take
which fishing vessels of a third country may land directly medical supplies

cost of medical waste

and market their catches at Community ports .

1 . What steps it is taking, or will it take, to implement the

Priority Waste Streams project for waste from health
care, which it authorized in 1992 ?

2 . What action it will take as regards the barriers to trade in

Nevertheless, as stated in paragraph 2, of Article 10 of
Council Regulation ( EEC ) No 2847 / 93, the Commission
may grant exceptions from the general rule for certain
categories of third country fishing vessels, in accordance
with the procedure set out in Article 36 of Council
Regulation ( EEC ) No 2847 / 93 .

It is up to the Spanish authorities to evaluate the incidence of
the 72 hours pre-notification of landings on Canary Islands

medical supplies resulting from the differences in the
cost of medical waste management in the Member States

( arising from the lack of harmonization of Member
States ' classifications of hazardous waste from health

care )?

3 . Whether it considers it appropriate, in the context of the

aforementioned existing Community legislation on
waste, to clarify the definitions of infectious and
hazardous wastes from health care ? If so, when are the
first proposals on this subject likely to be submitted ?

0 ) OJ No L 5, 7 . 1 . 1994, p . 15 .

( 2 ) OJ No L 356, 31 . 12 . 1994, p . 14 .

No C 9 / 20 EN Official Journal of the European Communities 15 . 1 . 96

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 18 October 1995 )

1 . The Commission has yet to receive the conclusions of
the working party on health care waste, which was set up as
part of the programme on priority waste streams .

2 . The cost of processing health care waste varies widely
between Member States, leading to transfers of waste within
the Community and thus an environmental risk . This
situation results mainly from the lack of a Community
definition of health care waste . Accordingly, Member States
take different approaches to this type of waste and its
processing . To avoid any risk to the environment or
human health, the Commission believes hazardous and
non-hazardous waste need to be separated so that
hazardous waste may then be distinguished from infectious
waste . Infectious waste would then be neutralized with a

view to subsequent disposal along with ordinary waste . Any
action on health care waste could be developed along these
lines .

3 . The list of hazardous waste was established at

Community level by Council Decision 94 / 904 / EC . At
present the list contains health care waste which is
considered hazardous . In the Commission 's opinion,
Member States may not consider any waste not appearing
on the list to be hazardous . If a Member State believes that a

waste not appearing on the list should be considered
hazardous it must notify the Commission of its request for
that waste to be added to the list, in accordance with
Directive 91 / 689 / EEC (*) and Article 130t of the EC Treaty .
The Committee set up by Directive 75 / 442 / EEC ( 2 ) will then
decide whether to add the waste to the list . Pending that
decision, the national measure may be implemented .

0 ) OJ No L 377, 31 . 12 . 1991 .

( 2 ) OJ No L 194, 25 . 7 . 1975 .

WRITTEN QUESTION E-2252 / 95

by Leen van der Waal ( EDN )

to the Commission

( 31 July 1995 )

( 96 / C 9 / 41 )

Subject : Obstacles encountered by Christians in Egypt

to the construction and maintenance of their

churches

I thank the Commission for its answer of 19 June 1995 to
my Question E-1322 / 95 (*) of 12 May 1995 .

Amnesty International has informed me that it has not in
fact produced any reports on the position of Christians in
Egypt . In accordance with its mandate, it focuses on people
who have been imprisoned as a result of their religious or
political beliefs or a consequence of their ethnic origin, sex,
skin colour or language .

I have since received Vol 6, No 2 of Human Rights Watch,
Middle East of November 1994 . This report confirms the
difficulties facing Christians in Egypt with the construction
and maintenance of their churches, as described in my
question mentioned above .

Can the Commission continue its investigation in response
to this report, and say what steps it proposes to take ?

(!) OJ No C 213, 17 . 8 . 1995, p . 49 .

Answer given by Mr Marin
on behalf of the Commission

( 24 October 1995 )

The Commission is glad to take this opportunity to give the
further information it promised in reply to the Honourable
Member 's earlier question, and to comment on the report he
cites in his latest question .

The law to which the Honourable Member refers dates from

the time of the Turkish occupation and has not since been
rescinded . Any construction or repair of a Christian church
in Egypt requires the authorization of the head of State

( President of the Republic ). Authorizations are granted
from time to time, but no information is available on how
many are unsuccessful, or on what grounds . In fact several
churches are being built at the moment and other projects by
the Coptic church have been given permits but are awaiting
funds ( e.g. the project to build a centre for mentally
handicapped children in Heliopolis in the charge of Father
Boutros ).

Mokattam is not a satellite city like 10th of Ramadan City,
or Sadat City, newly constructed outside Cairo . Mokattam
is an integral part of Cairo . There are 7 500 garbage
collectors, mainly Christian, living alongside Muslim
neighbours . Many people are dependent on recycling the
rubbish collected . The two biggest buildings are housing
developments built by the Coptic church to provide flats for
young people getting married . These were built by the
association of Soeur Emmanuelle . There is a large secondary
school run by the same association .

50 000 people were not made homeless in Mokattam by the

1992 earthquake . In fact it was not affected very severely,
because much of the housing was new and well constructed,
some of it with European non-governmental organizations

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 21

( NGO ) funds . Some time after the earthquake a landslip of
the side of a cliff ( there are active stone quarries in the area )
damaged a school, buried a small number of homes at its
base and unfortunately killed a number of inhabitants .
These buildings have since been repaired and new houses
have been built for the homeless .

It is not true that there is no church in Mokattam . There are

two large Coptic churches serving the area, under the
guidance of Father Samaan, one of them with a seating
capacity in its compound of 22 000 . There are several
partments belonging to the church which serve as centres for
retreats . There are several Protestant churches in Mokattam

and several mosques . There is no Roman Catholic
church .

No information is available on the arrest on 13 March in

Assiut governorate several hundred kilometres south of
Cairo .

With regard to action by the Commission under the present
cooperation agreement, the Commission has no mandate to
raise with the Government of Egypt the religious questions
evoked by the Honourable Member . The cooperation
agreement, unlike the proposed future association
agreement, contains no specific reference to human rights
and basic freedoms .

It should be noted that the Egyptian Christian community,
in particular the Copts, have their own institutions . Pope
Shenouda IV and his hierarchy are in permanent contact
with the government about conditions for practising

Christianity in Egypt . So far as the Catholic Church is
concerned, Egypt and the Holy See have long-standing
diplomatic relations with a Papal Pronuncio resident in
Cairo and an Ambassador in the Vatican .

So far, there has been no official communication to the
Commission on the subject of religious rights from any of
these institutions, and no request for action . It does not
therefore seem appropriate for the Commission to intervene
in this domain, and especially not to single out religious
rights from other areas of human and universal rights which
might have an equal or greater call on our attention .

Warnemünde-Gedser ferry, the DFO and the DB, do not
wish to maintain this connection ?

Does it not agree that such a decision conflicts with the wish
expressed by all the Community authorities in the context of
the Trans-European Networks scheme, to give priority to
maintaining and improving cross-frontier rail and combined
transport connections ?

Will it take steps with the appropriate authorities to keep the
link in operation if possible and in any case prevent the
infrastructure from being dismantled, which would mean
that the connection would be irretrievably destroyed ?

If it will, how ? If not, why not ?

Answer given by Mr Kinnock

on behalf of the Commission

( 11 October 1995 )

The Commission is unaware of any decision by Deutsche
Fährschiffgesellschaft Ostsee ( DFO ) and Deutsche Bank

( DB ) to discontinue the rail-ferry link Gedser-Wàrnemünde
which links Berlin with Scandinavia . Although the
Commission is in general in favour of expanding combined
transport, it is in the first instance for the railway companies
of the Community, as independent operating units, to
decide which lines should be operated . Of course, if
governments feel that services which are not commercially
viable should still be carried out because of social or other

policy objectives, they can, within the framework set by
Community rules, impose public service obligations and
compensate railway companies accordingly .

The Commission also notes that the Gedser-Warnemünde

link has not been included as part of the trans-European
transport network, whether for conventional railways,
high-speed trains or combined transport .

WRITTEN QUESTION E-2253 / 95

The future development of the various Baltic Sea rail-ferry

by Florus Wijsenbeek ( ELDR ) links will therefore depend on their competitiveness on

to the Commission price, speed and safety when compared with the fixed links

( 31 July 1995 ) such as the Store Bælt bridge and tunnel, linking the Danish

( 96 / C 9 / 42 ) islands Sjælland and Fyn, as well as the planned fixed link

over the Fehmarnbelt linking Rødby ( Denmark ) and
Puttgarden ( Germany ), and the 0resund bridge between
Kobenhavn ( Denmark ) and Malmö ( Sweden ).
Subject : Gedser-Warnemünde rail-ferry link

by Florus Wijsenbeek ( ELDR )

to the Commission

( 31 July 1995 )

( 96 / C 9 / 42 )

Is the Commission aware that the operators of the
link between Berlin and Scandinavia via the

No C 9 / 22 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2264 / 95

WRITTEN QUESTION E-2256 / 95 WRITTEN QUESTION

by Wilfried Telkamper ( V ) by Anita Pollack ( PSE )

by Wilfried Telkamper ( V )

to the Council to the Commission

(1 September 1995 ) ( 31 July 1995 )

( 96 / C 9 / 43 ) 96 / C 9 / 44

Subject : Possible misuse of EU development aid funds —

control measures

There have been several reports recently in the Central
American press on possible misuse of EU development aid
funds, such as

( a ) in Honduras, approximately ECU 160 000 made
available to the Supreme Court for renovating a youth
rehabilitation centre run by the ' Casa Alianza '
organization apparently never reached the centre ;

( b ) in Nicaragua, a former Minister who was obliged to

resign when several million US dollars went missing
was subsequently appointed President of the national
development authority ; in this post he has
responsibility for the major part of EU development
aid ; he also tried to take over powers and EU funds
from the agricultural development institution, which
has links with the Opposition . Concerned press reports
suggest that, following the earlier accusations, this
person is also misusing funds in his new post .

1 . Is the Council aware of these accusations ?

2 . Has it drawn any conclusions with regard to ensuring
appropriate use of funds from the Community
budget ?

3 . Is the Council prepared to provide Parliament 's
Committee on Budgetary Control with full and
on-going reports on this matter ?

Answer

(5 December 1995 )

The Council is unaware of any fraud of the type referred to
by the Honourable Member .

In any event, it would be for the Commission to look to the
correct utilization of funds allocated from the Community
budget and to inform the competent European Parliament
committee in that correction .

Subject : Directive 86 / 609 / EEC on animal
experimentation

Further to Question E-2783 / 94 i 1 ) concerning Directive
86 / 609 / EEC ( 2 ) on animal experimentation :

1 . Can the Commission provide information about the
qualifications and numbers of monitoring and
administrative personnel rather than animal technicians

( who although they may have some day-to-day
monitoring role in animal health would not generally be
regarded as specifically monitoring compliance with the
Directive ?

2 . Who is undertaking the studies to clarify and identify

differences between the Member States, with what terms
of reference and to what time-scale ?

0 ) OJ No C 145, 12 . 6 . 1995, p . 16 .

( 2 ) OJ No L 358, 18 . 12 . 1986, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 10 October 1995 )

The Commission is writing to the Member States for the
information mentioned in the question, and will
communicate it to the Honourable Member in due

course .

The Commission understands the existing differences to be
of varying nature and to consist of :

— differences arising from the means of incorporating the

provisions of the Directive into the laws of the Member
States ;

— differences of an administrative nature, such as control

and monitoring the implementation of the provisions of
the Directive ;

— differences in the number of personnel assigned to the

monitoring of the application of the Directive and its
objectives ;

— differences in the education and training of personnel in

charge and laboratory animals ;

— differences in approaches to the ethical questions raised

by the use of laboratory animals ;

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 23

— differences in policy and economic measures with regard in the urban refuse incineration sector and in the

to animal welfare ; environmental sector in general ?

— differences in the activities of animal welfare

organizations and animal rights movements in the
Member States . Answer given by Mr de Silguy

on behalf of the Commission

( 19 October 1995 )
The variety and complexity of the abovementioned
differences do not allow the Commission to deal with all of

them simultaneously . Some of them are even outside the
scope of the Directive . However, the Commission 1 . In response to its request, the
undertakes legal action in some cases, while in others, received the following information
through the commissioning of study contracts or making Investment Bank ( EIB ).
financial contributions to support specific initiatives, such
as symposia and congresses, it seeks to improve its
knowledge and ability to undertake actions in order to reach Following approval of the project by
a European-wide acceptable level of laboratory animal committee for economic planning
protection and animal welfare . The time-scale varies investment and employment ( FIO )
according to the subject . Piedmont regional authorities applied

1 . In response to its request, the Commission has
received the following information from the European
Investment Bank ( EIB ).

Following approval of the project by the Interministerial
committee for economic planning under the Fund for
investment and employment ( FIO ) for 1986 — 1988, the
Piedmont regional authorities applied for an EIB loan on
4 August 1988 .

WRITTEN QUESTION E-2271 / 95

by Fausto Bertinotti ( GUE / NGL )

to the Commission

( 31 July 1995 )

( 96 / C 9 / 45 )

Subject : Lit 15 billion from the EIB to finance an
incineration plant at Mergozzo ( Italy ), which does
not function properly

In view of the fact that the EIB has granted the Piemonte
Region 's request for Lit 15 billion to build an urban refuse
incineration plant at Mergozzo, in the province of
Verbano-Cusio-Ossola, whereas the plant has been shut
down on various occasions for technical reasons and the

combustion fumes escape through the joints in the pipework
into the offices occupied by the staff, and given that the
system for monitoring the gases leaving the chimney does
not work,

1 . Does the Commission not intend to ask its

representative at the EIB to open an investigation to
establish what environmental criteria the EIB required
of the Piemonte Region in respect of the plant, to
ascertain whether or not they are being observed and to
forward this information to the author of this

question ?

2 . Does the Commission not intend to submit a proposal
for a Directive laying down the criteria defining what it
regards as ( and what actually are ) the best technologies

In line with its usual practice, the Bank carried out a
technical appraisal of the proposed investments . In the light
of that analysis, it agreed to finance the project, which
involved restructuring two existing incineration lines for
solid urban refuse ( work funded by the FIO ) and building a
new third line ( additional work under Law No 441 / 1987 ).
During the appraisal the EIB drew the applicant 's attention
to the need to ensure that emissions from the plant complied
with the limits laid down in the relevant Community
Directive . To that end, the loan contract specifically
provides that '(. . .) the emission characteristics shall comply
with those referred to in Articles 4, 5, 6 and 7 of Directive

89 / 429 / EEC (. . .)'.

The EIB monitors the execution of projects which it finances
and draws up project completion reports on the basis of
periodic reports submitted by the borrowers, supplemented
where necessary by on-the-spot inspections . Those reports
encompass the completion of all conditions specified in the
loan contract . According to the latest information available,
the project has been partly completed and the plant is now
undergoing operating trials .

2 . The Council recently agreed a common position on a
proposal for a Directive on integrated pollution prevention
and control ( IPC ). IPC introduces measures to control
industrial emissions to all environmental media through an
integrated approach and use of the best available technology

( BAT ).

The Commission is currently working on a proposal for a
Council Directive on the incineration of waste, including
municipal waste . The standards will be designed in line with
the integrated approach . This means that all the
environmental media concerned are subject to standards so
that pollution is not transferred from one medium to
another .

No C 9 / 24 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2273 / 95

by Elly Plooij-van Gorsel ( ELDR )

to the Commission

( 31 July 1995 )

( 96 / C 9 / 46 )

Subject : Stoppage of construction of a plutonium
processing plant

1 . Is the Commission aware that Siemens is not going to
complete construction of a plant for the fusion of plutonium
and uranium to make fuel for nuclear power stations ?

The new plant was intended to help with the processing of
plutonium from Russian nuclear weapons .

2 . Will the stoppage of construction create a problem for
the processing of Russian plutonium ?

3 . Does the Commission still consider it a good idea for
Russian plutonium to be re-processed in this plant using the
expertise available at Siemens ?

4 . If so, will the Commission be developing initiatives to
enable the processing of Russian plutonium in this plant to
go ahead ?

5 . What would be the budgetary implications ?

6 . If not, what other solutions are there for processing
the estimated 100 — 150 tonnes of plutonium from Russian
nuclear warheads ?

Answer given by Mr Papoutsis

on behalf of the Commission

(5 October 1995 )

1 . The Commission has been informed of the situation

described by the Honourable Member . The plant in
question was originally designed to manufacture nuclear
fuels based on mixed uranium and plutonium oxide ( MOX )
obtained from the re-processing of spent nuclear fuels
mainly from nuclear power stations in Germany in order to
make use of the energy potential of these recovered fissile
materials .

2 . Although the plant in question could process
plutonium from the Russian nuclear arsenal, the completion
of its construction, and its use in the context of
disarmament, raises a number of political, financial and
economic questions which are currently being discussed and
evaluated by the parties concerned .

3 . to 5 . The Commission welcomes concrete action to

encourage disarmament . While acknowledges that this
plant is on a site where technological and industrial
know-how regarding plutonium has been accumulating for
some 30 years, making it possible to solve the problems to

which the use of military plutonium would give rise, the fact
that the plans are still at a preliminary stage, however,
means that it would be inappropriate for the Commission to
adopt a position at the present time on the option envisaged
for the disposal of Russian plutonium .

6 . The Commission is very interested in the opinion of a
majority of experts that the use of military plutonium in
nuclear power stations is the quickest and most efficient way
of achieving one objective of disarmament in the short term
since part of the plutonium is consumed in energy
production, while part of it remains incorporated in spent
fuel elements and is denatured by irradiation .

Should the plant under discussion not be used for the
disarmament activities envisaged, similar facilities could be
built elsewhere .

An alternative solution would be to design facilities in which
military plutonium would be diluted in a vitreous matrix,
for example, and then buried in a final geological storage
site . Such a solution has not been put into practice so far
anywhere .

WRITTEN QUESTION E-2277 / 95

by Eva Kjer Hansen ( ELDR )

to the Commission

( 31 July 1995 )

( 96 / C 9 / 47

Subject : Signing and ratification of the Convention on

abolition of the legalization of documents in the
EU Member States

What will the Commission do to speed up the signing and
ratification by the Member States of the above convention
so that students from one Member State can study in
another without having to have certificates etc . legalized ?

Answer given by Mrs Cresson

on behalf of the Commission

( 17 October 1995 )

The Convention abolishing the legalization of documents in
the Member States was drawn up by the then 12 Member
States in the context of European political cooperation and
was opened for signature in Bruxelles on 25 May 1987 .

The question of signature and ratification of the Convention
is a matter for the individual Member States concerned . It is

understood that a small number of Member States have

difficulties with certain aspects of the Convention . The
Commission is not in a position to take any action which
would accelerate the resolution of these difficulties .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 25

However, as the obligation to legalise diplomas can present
a serious obstacle to free movement of people including
student mobility, the Commission draws the attention of the
Member States to the importance of the signature and the
ratification of this convention . In the white book the

Commission is preparing on education and training it also
emphasizes the importance of this problem .

WRITTEN QUESTION E-2290 / 95

by Gerhard Schmid ( PSE )

to the Commission

( 31 July 199S )

( 96 / C 9 / 48 )

Subject : Directive on the official control of foodstuffs

One of the provisions Council Directive 89 / 397 / EEC of

14 June 1989 on the official control of foodstuffs ( ! ) is to
allow unlimited inspection and examination of ' written and
documentary material '. This includes descriptions of the
manufacturing process, i.e. the recipe . The Coca-Cola
company has to date always refused to allow inspectors
access to the recipe for its cola drink .

Will the Coca-Cola company be obliged in future to disclose
the recipe for the Coca-Cola drink ?

(') OJ No L 186, 30 . 6 . 1989, p . 23 .

Answer given by Mr Bangemann

on behalf of the Commission

(4 October 1995 )

The control of foodstuffs Directive ( 89 / 397 / EEC ) provides a
basis for food control officials to apply both Community
and national food control legislation which is aimed at the
prevention of public health risks and fraudulent practices,
and the protection of the consumer . Prior to the adoption of
this Directive, Member States control legislation
empowered officials to undertake the necessary inspection
checks including food sampling, documentary checks and
physical inspections of food premises . The Directive
harmonized these national measures so as to give food
businesses an expectation of equivalence in the approach of
Member States ' officials dealing with food control .
Therefore the provisions of the Directive referring to the
inspection process differ little from the powers that food
control officials have used, and under which enterprises like
Coca-Cola have been inspected, for many years .

Article 5 lays down the elements of a control which includes
the examination of written and documentary materials .
Article 9 allows inspectors to note written and documentary

materials and make copies or take extracts of those
submitted to them . These control activities aim to establish

the compliance of the food business with relevant
legislation . These requirements apply to the inspection and
control of foods produced by Coca-Cola as they do to other
food businesses .

Article 12 prescribes that food inspectors shall be bound by
professional secrecy so that food businesses can be confident
about releasing relevant information to officials .

For the purposes of protecting the consumer the control
official may wish to see evidence that ingredients are safe,
wholesome and hygienic and that the final product meets
the qualitative and quantitative standards of both national
and European regulatory requirements where they exist .
The results of tests on products and other control activities

by the business would provide the main body of information
required by the control official to establish such compliance .
The information request and any follow-up action taken
should be relevant and proportionate to the risk to the

consumer .

WRITTEN QUESTION E-2293 / 95

by Karla Peiis ( PPE )

to the Commission

( 31 July 1995 )

96 / C 9 / 49 )

Subject : Problems with privatization of public services in

relation to Directive 92 / 50 / EEC ( public service
contracts )

Is the Commission aware of the recent judgment by the
Arnhem district court on the applicability of Directive
92 / 50 / EEC ( ] ) in the case of privatization of a public refuse
collection service, by ARA NV ?

If so, does it agree with the Netherlands Government that
Article 6 of Directive 92 / 50 / EEC is misinterpreted in this
judgment, which is likely to have serious implications for the
continuance of privatization processes in the Netherlands
public sector, whether completed, under way or planned ?

What opportunities does the Commission see for allowing
privatization processes of this kind to go through ?

( 1 ) OJ No L 209, 24 . 7 . 1992, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

( 18 October 1995 )

The Commission is aware of the Arnhem District court 's

decision of 18 May 1995 concerning the applicability of

No C 9 / 26 EN Official Journal of the European Communities 15 . 1 . 96

Directive 92 / 50 / EEC in the event of the dismantling of a
municipal refuse collection service . The municipalities
involved in these civil proceedings have appealed against the
decision, but a judgment has not yet been delivered .

In its decision, the District Court stated that the
municipalities concerned should not have handed over the
task of collecting household refuse to the municipal
company direct, but should first have launched a tendering
procedure on the basis of Directive 92 / 50 / EEC . Persons
operating on the market would then have been able to
apply .

The municipalities, however, consider that Article 6 of
Directive 92 / 50 / EEC is applicable in this case . This Article
lays down that public service contracts awarded to an entity
which is itself a contracting authority on the basis of an
exclusive right are not covered by the Directive .

The question of the application of this Article in the case in
point has been referred to the Commission by the
municipalities concerned and by representatives of the
Dutch Government . Discussions have already taken place
between the Commission and the Dutch authorities, but the
Commission is not yet in possession of all the facts it
requires in order to express a final opinion on the
interpertation of Article 6 of Directive 92 / 50 / EEC .

WRITTEN QUESTION P-2297 / 95

by Fernando Fernández Martín ( PPE )

to the Commission

( 25 July 1995 )

( 96 / C 9 / 50 )

Subject : Measures to combat fraudulent imports of
non-European bananas

On at least three occasions in recent weeks, Community
legislation governing the importing and marketing of
bananas has been infringed . As the Commission is no doubt
aware, bananas produced outside the Community are being
shipped in via the port of Hamburg without the requisite
import licences and without payment of the appropriate
customs duties . This clearly constitutes fraud as well as
sabotaging the rules laid down in Regulation ( EEC )
No 404 / 93 on the common organization of the market in
bananas produced within the Community ( ] ).

What measures has the Commission taken to prevent a
repetition of this fraudulent activity and what steps does it
plan to take to ensure that Community law is observed once
more ?

Answer given by Mr Fischler
on behalf of the Commission

(8 September 1995 )

The Commission is of the opinion that the decisions of the
Hamburg Court to authorize the importation of bananas
without a licence or the provision of a security under
procedures concerning requests to the Court of Justice in
Luxembourg for preliminary rulings are indeed likely to
disturb appreciably the smooth operation of the common
organization of the market in bananas .

The Commission considers that it should react to these

events in an appropriate way as soon as possible .

It intends to write to the German Government to explain the
seriousness of the situation and ask it to do all in its power to
remedy the present situation, including the lodging of all
possible appeals .

WRITTEN QUESTION E-2299 / 95

by Michl Ebner ( PPE )

to the Council

(1 September 1995 )

( 96 / C 9 / 51 )

Subject : Allocation of EU resources to South Tirol ( Italy )

Will the Council provide information about the allocation
of resources to South Tirol during the 10-year period
between 1 Januar 1985 and 31 December 1994, broken
down on an annual basis ?

Will it also specify the authorities of the relevant EU
initiatives and structural programmes responsible for the
allocation of these resources ?

WRITTEN QUESTION E-2339 / 95

by Michl Ebner ( PPE )

to the Council

(1 September 1995 )

96 / C 9 / 52 )

Subject : Allocation of EU appropriations to Trentino

( Italy )

What appropriations from the EU budget ( broken down by
year ) were allocated to Trentino over the ten-year period
from 1 January 1985 to 31 December 1994 ?

Which bodies set up under the various EU initiatives and
structural programmes are responsible for the allocation of
(') OJ No L 47, 25 . 2 . 1993, p . 1 . appropriations referred to above ?

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 27

Joint answer bed-linen containing 100% cotton or a mixture of cotton
to Written Questions E-2299 / 95 and E-2339 / 95 and polyester ). These criteria are aimed at implementing

(5 December 1995 ) Regulation ( EEC ) No 880 / 92 (*) ( Eco-label ) for this product

group .

The Council has laid down rules for the operation of the
Structural Funds and has entrusted the Commission with

their management .

It is not for the Council to provide the details requested by
the Honourable Member .

WRITTEN QUESTION E-2303 / 95

by Ursula Schleicher ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 53 )

Subject : EU environmental logo for textile products

A list of criteria is currently being drawn up for T-shirts and
bedlinen containing 100% cotton or a mixture of cotton
and polyester in an initial experimental phase of a project
aimed at introducing an environmental logo for textile
products .

1 . What steps are being taken to ensure that the list of

criteria is not excessively geared to the demands of a
given country, or of certain undertakings in a given
country ?

2 . How can imports manufactured outside the European
Union be monitored to ensure compliance with the
required standards ?

3 . How can certain parameters relating to production ( for
instance, working conditions ) in undertakings outside

the European Union be monitored ?

4 . What importance should be attached to the existing

textile logo ' Textile Confidence — Textiles Tested for
Pollutants in accordance with Eco-Tex Standard 100 ',
which is, however, currently based primarily on
product-related criteria, and what is the relation
between this logo and the new EU logo for textile
products that is being drawn up ?

5 . Will monitoring rules be drawn up in respect of the
individual monitoring parameters so as to ensure the
credibility of a logo by reproduable monitoring
procedures and the comparability of the values
represented by the logo ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 October 1995 )

The Commission is preparing a decision establishing
eco-label criteria for certain textile products ( T-shirts and

1 . In order to ensure that the criteria for this product
group are objective and neutral, the Commission is
implementing the procedures foreseen in Regulation

( EEC ) No 880 / 92 . These include extensive consultation
of interest groups, organized in a consultative forum,
and submission of the draft criteria, before their
adoption by the Commission, to a regulatory
committee of representatives of the Member States . The
Commission adopts the criteria only if a favourable
opinion is given on them by that committee acting by
qualified majority . In case of a negative opinion or
absence of an opinion, the Commission submits a
proposal to the Council . Under these procedures, no
single Member State can exert a dominant influence on
the final shape of the criteria .

2 ., 3 . and 5 . As far as possible and in order to ensure
consistency in the implementation of eco-label criteria
for these products, each criterion will include
appropriate references for testing methods to be
used .

Under Article 10 of Regulation ( EEC ) No 880 / 92, the
task of assessing applications for the award of the
eco-label to particular products is given to competent
bodies established by the Member States . In the case of
imported products, the application must be presented
by an importer to the competent body of the Member
State in which the product is imported . In such a case,
the application is assessed under exactly the same
conditions as are applied to products manufactured
within the Community . This implies presentation of
data, documentation, declarations, and certificates, as
may be required by the competent body . Moreover,
when an eco-label is awarded, a contract is concluded
between the applicant and the competent body . This
contract includes appropriate verification provisions .
Costs of testing and verification are charged to the
applicant .

Specific guidelines for the competent bodies are being
prepared in order to ensure consistency and credibility
in the implementation of appropriate verification
requirements in the case of textile products . These
guidelines will include the type of details indicated by
the Honourable Member .

4 . The Commission has not assessed the scheme

mentioned in the question and has, therefore, no
specific comment on it . However, the Commission
considers that, in the longer term, the Community
eco-label for cotton textiles should help prevent a
proliferation of eco-labels in this area and even
supersede the existing labels with the aim of avoiding
confusion for consumers .

(!) OJ No L 99, 11 . 4 . 1992 .

No C 9 / 28 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2304 / 95

by Hiltrud Breyer ( V )

to the Commission

(1 September 1995 )

( 96 / C 9 / 54 )

Subject : Processing and whereabouts of the highly enriched

uranium from the THTR

Highly-enriched uranium ( HEU ) was imported into the
Federal Republic of Germany for use in the thorium
high-temperature reactor ( THTR ). The undertaking with
the right of disposal was Nukem . According to the Federal
Government, 33 kg of HEU were not processed into THTR
fuel elements, but delivered to the UKAEA in Dounreay and
processed there into fuel elements for research reactors . A
further 374 kg of HEU from utilized THTR fuel elements
were also delivered to Dounreay and processed into fuel
elements .

1 . Has the entire 407 kg of HEU been processed into
research fuel elements ? If not, how much HEU is
remaining ?

2 . Where is it being stored and who has right of
disposal ?

3 . Have all the fuel elements made of the THTR-HEU been

resold ?

( a ) If so, to whom and who has right of disposal
today ?

( b ) If not, where are the unsold fuel elements being
stored and who has right of disposal ?

4 . How many fuel elements consisting of how many kg of
THTR-HEU apiece have already been used in research
reactors, and where ?

5 . How many fuel elements consisting of how many kg of
THTR-HEU apiece are being stored in a non-irradiated
state, and where ?

6 . Should the Commission refuse to answer these

questions, what is its legal justification for so doing ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 18 October 1995 )

The Commission regrets to have to inform the Honourable
Member that it is not at liberty to disclose the requested
information . According to Article 194 of the Euratom
Treaty, the Commission has to keep secret detailed
information which is subject to a security system in
accordance with provisions laid down by a Member
State .

However, with regard to question 3 in particular, it can
disclose that almost all the fuel to which the Honourable

Member refers has been resold or reserved for use in the

Community 's research reactors . The arrangements for these
transactions are covered inter alia by the abovementioned
provisions in Article 194 .

The Commission is committed to transparency, and
understands the Parliament 's interest in obtaining the
detailed information available to the Commission on this

and other cases notified under the Euratom Treaty .
However, the Commission is fully bound by the Treaty, and
since a large part of the information it receives is normally
covered by the provisions of Article 194, it is not able to
make this information public .

WRITTEN QUESTION E-2307 / 95

by Nuala Ahern ( V )

to the Commission

(1 September 1995 )

( 96 / C 9 / 55

Subject : Health and safety consequences of French nuclear

tests

Further to the Commission 's reply to my question
E-1519 / 95 ( J ) on 28 June 1995, concerning referrals made
by Member States to the Commission under Article 34 of the
Euratom Treaty, where did the Commission publish its
opinion on the communication by France in 1959 regarding
nuclear tests in the Sahara ? Has any subsequent scientific
and environmental analysis been conducted by the
Commission, Euratom or the Joint Research Centre in
regard to the health and safety consequences of the French
nuclear tests ?

( 1 ) OJ No C 230, 4 . 9 . 1995, p . 46 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 17 October 1995 )

The Commission 's opinion on the communication by
France in 1959 under Article 34 of the Euratom Treaty
regarding nuclear tests in the Sahara was not published in
the Official Journal but was reported in the third General
Report ( March 1959 — April 1960 ) on the Activities of the
European Atomic Energy Community dated 12 April 1960

( point 115 ).

The Commission has not conducted any specific studies on
the radiological consequences of French nuclear tests . In
accordance with Article 36 of the Euratom Treaty, however,
France is obliged to communicate information periodically
to the Commission on the levels of radioactivity measured in
the air, water and soil of its territory . The data
communicated by Member States under this Article are
analysed by the Commission and published in the form of

summary reports .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 29

WRITTEN QUESTION E-23 14 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

(1 September 1995 )

96 / C 9 / 56 )

Subject : LIFE programme and Cantabria ( Spain )

Reports have indicated that the Autonomous Community of
Cantabria ( Spain ) will be excluded from the LIFE
programme for the preservation and restoration of the
brown bear on the Cantabrian coast because of its failure to

fulfil its commitments and the past and for lack of evidence
that the grants received from the EU ( Pta . 17 million in May

1993 ) for this purpose have been used correctly .

Can the Commission confirm this report ? Will the
Autonomous Community of Cantabria ( Spain ) be obliged
to return the grant if it has been used incorrectly ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 13 October 1995 )

The Autonomous Community of Cantabria is one of the
beneficiaries of the project to conserve brown bears in the
Cantabrian mountains, co-financed by the Community
through the LIFE Regulation . As such it received a 40%
advance in May 1993 on Community funding of ECU
330 000 .

In July 1995 the Commission proposed co-financing a new
phase of the project . However, in view of the very poor rate
of execution of the measures proposed in Cantabria no
additional funding was proposed for that particular
autonomous community .

The Commission has on several occasions, including the
project coordination committee meeting in January 1995,
reminded the regional authorities that they must implement
the measures designed to safeguard brown bears . Should
they fail to do so, the Commission will ask for any unused
funding to be repaid .

Mirecourt ) receives 25 % export subsidies from the French
authorities ? Have the export subsidies been awarded over
several years, or only in 1994 ?

If this is true, does it not constitute a form of unfair
competition against Belgian companies2

Answer given by Mr Van Miert

on behalf of the Commission

( 25 October 1995 )

The Commission does not have in its possession any
information about export subsidies awarded by the French
Government to the undertaking Metallerie du Sud Lorrain
of Mirecourt . The Commission, therefore, is not in a
position to answer the questions of the Honourable
Member .

However, as such a measure could constitute State aid in the
sense of Article 92 ( 1 ) of the EC T reaty the Commission has
already asked the French authorities to notify it, including
all relevant information to enable the Commission to make

an assessment in relation to Articles 92 and 93 of the EC

Treaty .

Under Article 93 ( 3 ) of the EC Treaty, the Commission has
to be informed, in sufficient time to enable it to submit its
comments, of any plans to grant or alter aid .

Depending on the content of the answer of the French
Government, the Commission will apply the appropriate
provisions of Articles 92 and 93 of the EC Treaty .

The Commission thanks the Honourable Member for the

supplementary details provided by way of letter dated

18 September 1995 .

WRITTEN QUESTION E-2328 / 95

by Glyn Ford ( PSE )

to the Commission

WRITTEN QUESTION E-2324 / 95 (1 September 1995 )
by Marie-Paule Kestelijn-Sierens ( ELDR ) ( 96 / C 9 / 58 )

to the Commission

(1 September 1995 )
Subject : Airline tickets
96 / C 9 / 57 )

Can the Commission give its view regarding the validity of

Subject : Export subsidies airlines within the European Union refusing to allow

members of the public to use discounted return tickets
Can the Commission confirm that the French company which are cheaper than return tickets for only one half of the
Métallerie du Sud Lorrain of Mirecourt ( Hymont, F-88500 journey ?

No C 9 / 30 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2329 / 95

by Glyn Ford ( PSE )

to the Commission

(1 September 1995 )

tax on a flight within the Union when it makes no charge or
a much smaller charge on a domestic flight ?

( 96 / C 9 / 59
Answer given by Mr Kinnock

on behalf of the Commission

Subject : Airline prices ( 11 October 1995 )

Inside the European Union one finds on a number of
occasions that there are substantial differences of prices on
our air lines depending on the direction of travel . Can the
Commission give its view of the validity of this practice ?

Joint answer to Written Questions

E-2328 / 95 and E-2329 / 95

given by Mr Van Miert
on behalf of the Commission

( 16 October 1995 )

The Commission has been considering the question of
substantial differences in the price of air tickets for journeys
originating at different ends of the same route . The question
has arisen under Community competition law, both because
airlines are permitted by Commission Regulation ( EEC )
No 161 7 / 93 of 25 June 1993 ( 1 ) to have consultations about
fare levels to facilitate interlining, and because of an
International air transport association ( IATA ) resolution by
which airlines have agreed that the coupons of air tickets
may only be used in the order in which they appear in the
ticket .

The Commission has been informed that these price
differences can arise for several reasons . One reason is

changes in the relative rates of exchange of currencies .
Another possible reason is that the number of passengers
originating at one end of a route may be significantly
greater, either throughout the year or at some times of the
year, than the number of passengers originating at the other
end . Further information is awaited from the airlines . In

fact, difference in prices is normally seen as an indication
that competition exists .

The Commission is not yet in a position to say whether
action may be necessary in this connection .

The Commission is of course aware that some Member

States continue to levy different departure taxes on air
transport services, depending on whether the routes are
domestic or to and from another Member State . The

Commission is presently studying whether such different
treatment is compatible with Community law .

The Commission is examining such measures on the basis of
the freedom to provide services, and notably the principle of
non-discrimination on grounds of nationality, implemented
in the field of air transport by Council Regulation ( EEC )
No 2408 / 92 of 23 July 1992 ( J ). The Regulation does,
however, entitle each Member State to limit foreign air
carriers ' access to its domestic air transport market until
April 1997 .

It is necessary to ascertain whether such measures have any
effect on the distribution of air transport services in the
Community . Accordingly, the Commission is undertaking a
comprehensive survey of the scope and extent of the
measures throughout the European economic area, so as to
assess the real impact of such air departure taxes, and to
evaluate in particular whether they ensure an advantage to
undertakings providing services in their domestic market .

(') OJ No L 240, 24 . 8 . 1992 .

WRITTEN QUESTION E-2334 / 95

by Jaak Vandemeulebroucke ( ARE )
( i ) OJ No L 155, 26 . 6 . 1993 .

to the Commission

(1 September 1995 )

( 96 / C 9 / 61 )

WRITTEN QUESTION E-2331 / 95

by Glyn Ford ( PSE )

to the Commission Subject : Financial aid to Paraguay

(1 September 1995 )

( 96 / C 9 / 60 ) Can the Commission provide a list of all EU-supported
projects in Paraguay, in particular with an indication of
projects in favour of the indigenous peoples ?

Subject : Internal departure tax

Can the Commission explain how it is legitimate for a What are the main criteria for each project, and what are the
Member State government to charge an internal departure main sources of funding ?

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 31

Answer given by Mr Marin
on behalf of the Commission

( 19 October 1995 )

The Community is the largest investor in Paraguay, its
principal trading partner and leading aid donor . The chief
objectives of Community cooperation are :

— consolidation of democracy : assistance in electoral

procedures and, especially, parliamentary
modernization ;

— development assistance : stabilization of rural
communities and Chaco programme . These
programmes, in addition to their manifest social
content, also have indigenous and environmental
objectives ;

— promotion of manufacturing, with special emphasis on

small businesses ;

— training assistance : training of managerial and
supervisory staff and instructors ( EDAN );

— cultural cooperation : ' Bolivar and Europe ' exhibition,

European cinema festival and other smaller projects ;

— support for regional integration : Paraguay is an active

member of Mercosur and will be the focus for the largest
project ( agriculture );

— horizontal cooperation : Paraguay will benefit from the

following programmes :

( a ) Alpha : university inter-exchange

( b ) Al-Invest : industrial cooperation

( c ) Force-Rio : training in three sectors :

— Regional integration ( CEFIR )

Direct costs

— Public service administrators ( University of
Birmingham )

— Small and medium-sized enterprises ( ESADE ).

The special indigenous population project concerns the
sustainable development of the Chaco ( protection of
indigenous population habitat and of the environment ). The
Committee on Aid to Asian and Latin American Developing
Countries endorsed project ALA / 93 / 40 with the following
addendum :

' The project will adopt a participatory approach . In its
first phase, this will include enabling the target
beneficiaries, including the indigenous people, to
participate in the development of a detailed operational
work programme . This work programme will identify
the outputs to be sought from the project, including the
nature and location of settlement, the subsequent land
use, the other benefits ( assets, services, infrastructure,
and empowerment ) to be achieved . It will also specify
what action will be taken to promote institutional
arrangements capable of sustaining the project 's
benefits '.

The draft financing agreement includes this specific
addendum proposal and stipulates the following :

— extension to 18 months of the first phase of the

project

— expenditure limited to the amount strictly necessary

during this first phase

— the Paraguayan Government undertakes to ensure the

settlement of the beneficiary population and to grant
them land and tenure in accordance with the

specifications of the project, prior to moving ahead to
the second phase .

The programme cost ( in ECU million ) is as follows :

( in ECU million )

Community Recipient country Total

— Installation 5,20 2,50 7,70

— Land management 2,20 0,10 2,30
— Training and grants 2,00 0,50 2,50
Sub total 9,40 3,10 12,50

Structural and operating costs
— Capital investment 0,75 — 0,75
— National staff 0,15 0,73 0,88

— Technical assistance 2,75 — 2,75

— Operating costs 1,00 — 1,00

— Loans 0,15 — 0,15

Sub total 4,80 0,73 5,53

Total costs of programme 14,20 3,83 18,03

— Contingencies 0,60 — 0,60

PROGRAMME TOTAL 14,80 3,83 18,63

No C 9 / 32 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2349 / 95

by Hugh McMahon ( PSE )

to the Council

(1 September 1995 )

( 96 / C 9 / 62

Subject : Arrangements regarding Community structural

assistance in the fisheries sector ( amendment of
Regulation ( EEC ) No 3699 / 93 )

Can the Spanish Presidency inform Parliament what
progress has been made in the adoption of the above
dossier ( ] ) and when does the Council envisage having it
adopted ?

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

instrument for combating fraud and improving protection
of its financial interests under the EAGGF Guarantee

system . The new anti-fraud measures involve a system for
identifying operators whose reliability cannot be
guaranteed, i.e. those responsible for irregularities affecting
Community funds against whom preventive measures are to
be taken, as well as for exchanging information between the
national authorities responsible . In view of the major
importance of this new instrument in effectively combating
Community fraud, will the Commission say whether it is
examining the possibility of drawing up ' black lists ' for
other sectors such as the Structural Funds, the Cohesion
Fund, own resources, and so on ?

Answer Answer given by Mrs Gradin
on behalf of the Commission

(5 December 1995 ) ( 12 October 1995 )

1 . The Council, at its meeting on 15 June 1995,
expressed a generally favourable attitude towards the above
proposal which would allow Member States to have
recourse to FIFG ( Financial Instrument for Fisheries
Guidance ) financial support under certain conditions in the
case of the following measures :

— co-financing of national systems of aid for early

retirement for fishermen ;

— the grant of individual flat-rate premiums to
fishermen .

The Commission shares the view of the Honourable

Member that the black lists can constitute a valuable

weapon in the fight against fraud . This is the reason why it
tabled the proposal finally adopted by the Council in June

1995 ( Regulation ( EC ) No 1469 / 95 ( ] )).

2 . The European Parliament delivered its opinion on the Before deciding on whether such a solution should be
proposal on 22 September 1995 . The Council is confident extended to other budgetary sectors, the Commission would
that the arrangements can now be implemented as soon as like to gain practical experience with the application of the
possible . regulation for agricultural expenditure . Furthermore, the

Commission would recall that the rules governing the
management of Community funds or the collection of own
resources — and therefore the legal context of the fight
against fraud — differ widely from budget sector to budget
sector . Any proposal to introduce a black list in another
budget sector would have to take these differences ( e.g. the
principle of partnership in Structural Funds ) into
WRITTEN QUESTION E-2352 / 95 account .

by Joaquín Sisó Cruellas ( PPE )

to the Commission

(1 September 1995 )

96 / C 9 / 63 ) D OJ No L 145, 29 . 6 . 1995 .

Subject : Measures to combat fraud

The Council of Agriculture Ministers has just adopted the
' black list ', which will give the Community an important

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 33

WRITTEN QUESTION E-23 70 / 95

by Wolfgang Nufibaumer ( NI )

to the Commission

(1 September 1995 )

( 96 / C 9 / 64 )

Subject : Munich-Verona axis

The central section of the Munich-Verona axis running
through the Alps, Tyrol, South Tyrol and Trentino, already
a major link, has greatly increased in significance as a result
of the opening up towards eastern Europe and the linking of
Greece to the rest of Europe through Italy .

The Munich-Verona axis is therefore a top priority within
the trans-European networks . According to a study by the
International Brenner Consortium ( IBC ), the building costs,
including the Brenner Base Tunnel, amount to ECU 12,1
million . Article 5 ( 3 ) of Common Position No 3 / 95 f 1 ) of the
Council states :

' Regardless of the form of intervention chosen, the total
amount of Community aid under this Regulation shall
not exceed 10% of the total investment cost '.

1 . Is the Commission envisaging providing financial aid of
more than 10% for urgent projects within the
trans-European networks covering several regions
encompassing both Member States of the European
Union and third countries ( in the case of the
Munich-Brenner-Verona axis this means Germany,
Austria and Italy and transit through eastern Europe
and Switzerland ?

2 . Has the Commission earmarked funding for private
investors involved in the Munich   - Verona axis ?

(') OJ No C 130, 29 . 5 . 1995, p . 1 .

The proposal for the Regulation contains concrete selection
criteria which allow sound decisions on the granting of
financial aid . The urgency of projects cannot be considered
an objective criterion in itself, although the objectives of
Article 129 of the EC Treaty are mentioned .

As the Munich-Verona project concerns only the territory of
the Community, financial aid on the basis of programmes
addressed to central and eastern Europe cannot be taken
into consideration .

One of the objectives pursued in the granting of Community
financial aid is to contribute to the mobilization of private
capital for the realisation of infrastructure projects . In
principle only the Member States concerned are entitled to
apply for and to receive financial aid . Other bodies, which
are directly concerned by the projects, can also submit
applications for financial aid . The agreement of the Member
State concerned, however, is needed . In cooperation with
the governments concerned, the Commission is already
working to involve private investors .

(') COM(94 ) 62 final .

WRITTEN QUESTION E-2371 / 95

by Karl Schweitzer ( NI )

to the Commission

(1 September 1995 )

( 96 / C 9 / 65 )

Subject : 1996 budget estimates of the Committee on the

Environment Public Health and Consumer

Protection : promotion of nuclear safety

measures

Under the ' environment ' heading of 1996 budget estimates
of the Committee on the Environment, Public Health and
Consumer Protection, ECU 4,5 million has been earmarked
for ' nuclear safety measures '.

For what specific purposes have the ' nuclear safety '
Answer on behalf given of the by Commission Mr Kinnock appropriations been earmarked ?

( 25 September 1995 )

Answer given by Mrs Bjerregaard

on behalf of the Commission

The Commission proposal for a Council Regulation laying
down general rules for the granting of Community financial ( 17 October 1995 )
aid in the field of trans-European networks (*), on which the
Council in March 1995 adopted its common position,
stipulates that the total amount of Community aid shall not The Honourable Member has been provided direct with the
exceed 10 % of the total investment cost . This rule will apply information requested . This information has also been
without any exception to all infrastructure projects, provided to the budgetary authority in the form of the
regardless of their size and scope . working document supporting the preliminary draft of the

No C 9 / 34 EN Official Journal of the European Communities 15 . 1 . 96

general budget of the European Communities for the year

1996 ( Section III, Part B4, covering budget article B4-3070,
nuclear safety and radiation protection ).

WRITTEN QUESTION E-23 74 / 95

3 . This is a tricky question which the Commission is
examining on the basis of the work of experts but is not at
the present time able to answer .

WRITTEN QUESTION E-23 83 / 95

by Hiltrud Breyer ( V )

Hiltrud Breyer ( V ) by Kenneth Collins ( PSE )

to the Commission to the Commission

(1 September 1995 )

to the Commission

(1 September 1995 )

( 96 / C 9 / 66 ) ( 96 / C 9 / 67 )

Subject : Funding of research into ' violent genes ' Subject : Product Liability Directive

1 . Does the EU Commission provide direct and / or
indirect financing for research, workshops, seminars and / or
conferences into ' criminal and / or violent genes ' ( genetic
factors leading to crime and anti-social behaviour )?

If so,

— who receives the funds ?

— for what individual research projects ( project
specification ) are the funds earmarked ?

— what benefit does the Commission hope to derive from

this research ?

2 . How does the Commission assess the implications of
this research in terms of human dignity ?

Does not the Commission consider that such research

projects may encourage racism and xenophobia ?

3 . What view does the Commission take of

' socio-biological determinism '?

The 1995 Product Liability Directive ( 85 / 374 / EEC ( ))
states that the Commission shall submit a report o the
Council, 10 years after the date of the notification of the
Directive, on

— the effect that rulings by the courts as to the application

of Article 7(e ) — the development risk defence — have
on consumer protection and the functioning of the single
market ;

— the effect of the financial limit on liability by those

Member States using that option .

Will the Commission state its timetable and procedure for
reviewing the Directive ?

Is the Commission also reviewing the option for Member
States to include or exclude primary agricultural products
within the scope of the Directive ?

( 1 ) OJ No L 210, 7 . 8 . 1985, p . 29 .

Answer given by Mr Monti
on behalf of the Commission

Answer given by Mrs Cresson ( 18 October 1995 )

on behalf of the Commission

( 17 October 1995 )
The Commission is finalising its report under Article 21 of
the Directive which requires a report every five years on the

1 . The Commission is not financing any research activity application of the Directive . Once this report is adopted the
regarding ' crime genes '. Commission will commence work on the reports required

under Article 15 ( development risks defence ) and Article 16

The Biomed-2 research programme on biomedicine and
health in the sphere of the human genome aims to promote
basic research and to ensure that progress in genetics serves
to improve human health and the well-being of patients .
Possible genetic causes of crime do not form part of this
work programme .

2 . Research projects in bioethics which involve the
general principle of respecting human dignity and
protection of the individual in the context of research on the
human genome are also carried out under the Biomed

programme .

( financial ceiling ).

The procedure for the reports is set out under these
provisions . The report and any proposal will also be
submitted to Parliament .

Agricultural products fall to be considered periodically
under the general report provided for under Article 21 of the
Directive . Accordingly, the Commission has considered this
aspect under the report to be adopted in the near future .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 35

WRITTEN QUESTION E-23 84 / 95

by Kenneth Collins ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 68 )

movement of goods vehicles, etc . be considered contrary to
the Community Directive ?

(') OJ No L 279, 12 . 11 . 1993, p . 32 .

Answer given by Mr Kinnock

on behalf of the Commission

Subject : Product Liability Directive implementation
(9 October 1995 )

When did the Commission first raise with the United

Kingdom Government the question of whether Article 7 of
the 1985 Product Liability Directive ( 85 / 374 / EEC (*)) was
properly implemented in the 1987 consumer Protection
Act ?

When does the Commission expect to refer the matter to the
European Court of Justice ?

(') OJ No L 210, 7 . 8 . 1985, p . 29 .

Answer given by Mr Monti
on behalf of the Commission

( 16 October 1995 )

The Commission first raised in 1987 the question of
whether Section 4(1 ) of the Consumer Protection Act 1987
correctly implemented Article 7 ( e ) of the Directive

( development risk defence ).

The Commission has now brought the matter before the
European Court of Justice ( l ).

As stated in the third indent of its first Article, and under the
conditions set out in detail therein, Directive 93 / 89 / EEC on
the application by Member States of taxes on certain
vehicles used for the carriage of goods by road, together
with certain tolls and user charges collected for the use of
certain infrastructures, does not apply to vehicles registered
in the Canary Isles, Ceuta and Melilla, or to the Azores and
Madeira .

This therefore means that the Member States concerned

have the option of charging taxes for such vehicles at a rate
which is lower, equal to or higher than the rate given in the
Directive if they so wish .

In the other parts of the European Union, namely those
covered by the Directive, Member States shall apply to
vehicles a tax that is compatible with the Directive, or in
other words that is equal to or higher than the minimum rate
stipulated by this .

( 1 ) Case 300 / 95 . WRITTEN QUESTION E-2391 / 95

by Jan Wiebenga ( ELDR )

to the Commission

(1 September 1995 )

WRITTEN QUESTION E-23 86 / 95 96 / C 9 / 70 )

by Carlos Costa Neves ( ELDR )

to the Commission

(1 September 1995 )

( 96 / C 9 / 69 )

Subject : Taxes on certain vehicles used for the carriage of

goods by road and exceptions

With reference to Council Directive 93 / 89 / EEC (') of
25 October 1983 on the application by Member States of
taxes on certain vehicles used for the carriage of goods by
road i 1 ), and particularly Article 1 thereof, does a correct
interpretation of the Directive indicate that the Azores and
the other territories listed in Article 1 are exceptions and
that the same taxes should not be applied there as elsewhere
in the Community ?

If so, does the fact that the EU makes exceptions oblige the
Member States to show similar respect for existing regions ?
Can the Portuguese National Decree No 116 / 94 of 3 May

1994, which aims to set fairly high rates of tax on the

Subject : Dutch municipalities ' evasion of European
Directives on public contract tendering
procedures

A survey shows that, at a rough estimate, only 20 to 30 % of
all municipal tendering procedures comply with the
European Directives on public contracts ( ! ).

1 . Is the Commission aware of the widespread evasion by
Dutch municipalities of the European Directives on
tendering procedures ?

2 . Have studies shown that municipalities in the other

Member States also contravene the European Directives
on tendering procedures on a large scale ?

3 . Is the Commission prepared to simplify the rules if it is
found that this situation is due to their complexity ?

(') The survey was conducted by the Faculty for Business
Management, University of Twente, the Netherlands, for the
Dutch weekly Binnenlands Bestuur .

No C 9 / 36 EN Official Journal of the European Communities 15 . 1 . 96

Answer given by Mr Monti
on behalf of the Commission

( 19 October 1995 )

1 . The Commission is not aware of anything which
would enable it to conclude that Dutch municipalities are
not complying with the Community Directives on public
procurement, nor has it seen the study by the Faculty for
Business Management at the University of Twente and so
it cannot opine on the study 's method, content or
conclusions .

The Directives impose specific rules of procedure only above
certain thresholds, which may be fairly high in the case of
municipalities, enabling them not to comply with
Community provisions for all contracts falling below those
thresholds .

2 . Nor is there any reason for the Commission to
conclude that municipalities in other Member States are
failing to comply with the Directives .

3 . The rules on public procurement have recently
undergone a process of amendment, extension and
consolidation . Three consolidated Directives were adopted
by the Council on 14 June 1993 ( Council Directive
93 / 36 / EEC (') of 14 June 1993 coordinating procedures for
the award of public supply contracts, Council Directive

93 / 37 / EEC ( 2 ) of 14 June 1993 concerning the coordination
of procedures for the award of public works contracts, came
into effect on 14 June 1994 ; Council Directive 93 / 38 / EEC of

14 June 1993 coordinating the procurement procedures of
entities operating in the water, energy, transport and
telecommunications sectors, came into effect on 1 July
1994 ). Further, Council Directive 92 / 50 / EEC of 18 June
1992 relating to the coordination of procedures for the
award of public service contracts came into effect on 1 July

1993 . It is of considerable importance for municipalities
as regards their public-service obligations, including
organizing and effecting the transport of handicapped
people and schoolchildren or collecting household refuse .

It would thus appear premature to envisage any amendment
of provisions which have only just come into effect and have
not all been transposed, or correctly transposed, in the
Member States .

The Commission does, of course, examine any alleged
violations of Community rules concerning public
procurement which are brought to its attention and will, if
appropriate, make use of the means afforded to it by the
Treaty to ensure compliance .

(') OJ No L 199, 9 . 8 . 1993 .

( 2 ) OJ No L 209, 24 . 7 . 1992 .

WRITTEN QUESTION E-2394 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 9 / 71 )

Subject : ' Kleisthenis ' programme — sub-programme 1

Sub-programme 1 — 'T raining of senior civil servants ' — of
the operational programme for the ' Modernization of the
civil service ' under the CSF for Greece is budgeted for total
expenditure of ECU 24 708 000 ( 1994 — 1999 ). The annual
funding for the programme in 1994 and 1995 is ECU
3 390 000 and ECU 3 677 000 respectively .

In view of the fact that the second Monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1 994 was used ? What is the
take-up rate for 1995 ?

2 . what data it can provide on the progress of each of the
four measures in the sub-programme ( practical
indicators etc .)?

WRITTEN QUESTION E-2395 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 9 / 72 )

Subject : ' Kleisthenis ' programme — Measure 2.1

Measure 2.1 — ' Modernization of economic development
sectors ' — of the operational programme for the
' Modernization of the civil service ' under the CSF for Greece

is budgeted for total expenditure of ECU 12 000 000

( 1994 — 1999 ). The annual funding for Measure 2.1 in 1994
and 1995 is ECU 1 646 000 and ECU 1 781 000

respectively .

In view of the fact that the second Monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1994 was used ? What is the
take-up rate for 1995 ?

2 . what data it can provide on the progress made with

Measure 2.1 ( practical indicators etc .)? Are there any
complications ? If so, what are they ?

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 37

WRITTEN QUESTION E-2396 / 95 WRITTEN QUESTION E-2398 / 95

by Alexandros Alavanos ( GUE / NGL ) by Alexandros Alavanos ( GUE / NGL )

to the Commission to the Commission

(1 September 1995 ) (1 September 1995 )

( 96 / C 9 / 73 ) ( 96 / C 9 / 75 )

Subject : ' Kleisthenis ' programme — Measure 2.2

'
Measure 2.2 — ' Modernization of the public sector — of
the operational programme for the ' Modernization of the
civil service ' under the CSF for Greece is budgeted for total
expenditure of ECU 15 987 000 ( 1994 — 1999 ). The annual
funding for Measure 2.2 in 1994 and 1995 is ECU
2 193 000 and ECU 2 372 000 respectively .

In view of the fact that the second monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1 994 was used ? What is the
take-up rate for 1995 ?

2 . what data it can provide on the progress made with

Measure 2.2 ( practical indicators etc .)? Are there any
complications ? If so, what are they ?

WRITTEN QUESTION E-2397 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

Subject : ' Kleisthenis ' programme — Measure 2.4

Measure 2.4 — ' Development of computer systems to assist

'
local and regional development planning — of the
operational programme for the ' Modernization of the civil
service ' under the CSF for Greece is budgeted for total
expenditure of ECU 25 000 000 ( 1994 — 1999 ). The annual
funding for Measure 2.4 in 1994 and 1995 is ECU
3 430 000 and ECU 3 710 000 respectively .

In view of the fact that the second Monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1994 was used ? What is the
take-up rate for 1995 ?

2 . what data it can provide on the progress made with

Measure 2.4 ( practical indicators etc .)? Are there any
complications ? If so, what are they ?

WRITTEN QUESTION E-2399 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 ) (1 September 1995 )

( 96 / C 9 / 74 ) ( 96 / C 9 / 76 )

Subject : ' Kleisthenis ' programme — Measure 2.3

Measure 2.3 — ' Special data banks and network

'
infrastructure — of the operational programme for the
' Modernization of the civil service ' under the CSF for Greece

is budgeted for total expenditure of ECU 1 1 000 000

( 1994 — 1999 ). The annual funding for Measure 2.3 in 1994
and 1995 is ECU 1 509 000 and ECU 1 632 000

respectively .

In view of the fact that the second Monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1994 was used ? What is the

take-up rate for 1995 ?

2 . what data it can provide on the progress made with

Measure 2.3 ( practical indicators etc .)? Are there any
complications ? If so, what are they ?

Subject : ' Kleisthenis ' programme — Measure 2.5

Measure 2.5 — ' Setting up of pilot projects for the

'
sub-programme — of the operational programme for the
' Modernization of the civil service ' under the CSF for Greece

is budgeted for total expenditure of ECU 12 803 000

( 1994 — 1999 ). The annual funding for Measure 2.5 in 1994
and 1995 is ECU 1 757 000 and ECU 1 900 000

respectively .

In view of the fact that the second Monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1994 was used ? What is the
take-up rate for 1995 ?

2 . what data it can provide on the progress made with

Measure 2.5 ( practical indicators etc .)? Are there any
complications ? If so, what are they ?

No C 9 / 38 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2400 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

WRITTEN QUESTION E-2439 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 ) (1 September 1995 )

( 96 / C 9 / 77 ) ( 96 / C 9 / 79

Subject : ' Kleisthenis ' programme — Measure 3.1 Subject : Kleisthenis — Measure 3.3

Measure 3.1 — ' Financial systems ' — of the operational
programme for the ' Modernization of the civil service '
under the CSF for Greece is budgeted for total expenditure
of ECU 102 938 000 ( 1994—1999 ). The annual funding
for Measure 3.1 in 1994 and 1995 is ECU 14 123 000 and

ECU 15 276 000 respectively .

In view of the fact that the second Monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1 994 was used ? What is the
take-up rate for 1995 ?

2 . what data it can provide on the progress made with

Measure 3.1 ( practical indicators etc .)? Are they any
complications ? If so, what are they ?

WRITTEN QUESTION E-2401 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

The Operational Programme on the modernization of the
public administration as part of the CSF for Greece
provides, in Measure 3.3 on regional statistical systems, an
overall allocation of ECU 46 018 000 for the duration of the

programme ( 1994 — 1999 ). The annual funding of
Measure 3.3 for the years 1994 and 1995 is estimated at
ECU 6 314 000 and ECU 6 829 000, respectively .

Given that the second monitoring committee met on 14 July

1995, will the Commission say :

1 . What was the take-up rate of resources in 1994, and

what is the take-up rate in 1995 ?

2 . What data are available concerning progress in
implementing Measure 3.3 ( natural indicators etc .)?
Have any irregularities occurred, and if so, what are
they ?

Joint answer to Written Questions
E-2394 / 95 to E-2401 / 95 and E-2439 / 95

given by Mr Flynn
on behalf of the Commission

( 10 October 1995 )
(1 September 1995 )

( 96 / C 9 / 78 )

Subject : ' Kleisthenis ' programme — Measure 3.2

' '
Measure 3.2 — Social security systems — of the
operational programme for the ' Modernization of the civil
service ' under the CSF for Greece is budgeted for total
expenditure of ECU 38 184 000 ( 1994 — 1999 ). The annual
funding for Measure 3.2 in 1994 and 1995 is ECU
5 239 000 and ECU 5 667 000 respectively .

In view of the fact that the second Monitoring Committee
met on 14 July 1995, will the Commission say :

1 . how much of the budget for 1994 was used ? What is the

take-up rate for 1995 ?

2 . what data it can provide on the progress made with

Measure 3.2 ( practical indicators etc .)? Are there any
complications ? If so, what are they ?

The Commission reminds the Honourable Member that the

' Kleisthenis ' programme was adopted on 29 July 1994 and
that at the first Monitoring Committee meeting, on

18 November 1994, the start-up procedures for the planned
measures were established .

Most of the promoters ( public institutions ) have now drawn
up the specifications for the master plans and established the
requirements for the project managers, so that the
invitations to tender can be issued . Because these procedures
are inevitably slow, the budget could not be used
immediately . However, the Greek authorities estimate that
it should be taken up by the end of 1995 .

As regards the measures under sub-programmes II and
III :

2.1 : The master plan for the Stock Exchange has been
drawn up and the selection procedure for the project
manager has reached the final stage . The first phase,
involving reorganization of the present system, is
complete .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 39

Studies on the modernization of certain areas of the Prime

Minister 's Office are also complete .

2.2 and 2.3 : Discussions on funding for the new projects
began at the first Monitoring Committee meeting . Selection
criteria were adopted and the last Monitoring Committee
meeting ( 14 July 1995 ) approved some projects .

The Ministry for the Interior has drawn up the specifications
and is preparing the master plan .

3.1 : The Ministry for the Budget has completed the
tender procedure for the hardware ( Taxis ) and is in the
process of introducing the new systems . The master plan for
the reorganisation of the Customs Department is also
ready .

3.2 : The IKA ( Social Security Office ) is currently
selecting a project manager on the basis of the specifications
of the existing master plan .

3.3 : The ESYE ( Statistical Office ) has not yet begun the
reorganization measures specified in the programme
because the first phase ( statistical applications ) involves
technical assistance and cannot therefore be considered

eligible at this stage .

2.5 and 3.4 : Training in preparation for the introduction
of computer software may begin as soon as the hardware
has been bought and the systems have been installed .

It is intended that, under Programme I, training of civil
servants will absorb more than 80 % of the budget for 1994
and 1995 .

WRITTEN QUESTION E-2402 / 95

by Josu Imaz San Miguel ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 80 )

Subject : Statistical distortions in Teruel province

( Aragon )

According to the regional incentive aid map which the
Commission is due to adopt in the near future the funding
percentage for Teruel province ( Aragon ) is to be reduced
from 75 % to 25 % .

In view of the fact that the purpose of such aid is to put into
practice the principle of cohesion amongst the various
regions of Europe, has the Commission taken into account
the fact that the parameters applied mask the economic
reality of Teruel ? Has it taken into account the statistical
distortion created bv a single public company, Endesa ? Does

it not think that the gradual depopulation of Teruel ( its
current population density of nine inhabitants per km 2 is
one of the lowest in Europe ) will increase if the European
Union reduces the scope for public aid to establish new
industries which would allow the population level to
stabilize ? Has it any plans for submitting a proposal to
prevent such statistical distortions from recurring, to the
detriment of the most de-populated and vulnerable parts of
Europe ?

Answer given by Mr Van Miert

on behalf of the Commission

( 11 October 1995 )

At the time of the review of the Spanish map of assisted
areas, which was adopted by the Commission on 26 July

1 995, it was considered that state aid for economic activities
situated in Teruel could be deemed compatible with the
common market by virtue of the derogation provided for in
Article 92 ( 2 ) ( c ) of the EC Treaty .

In assessing the compatibility of State aid in the light of this
derogation, it bases its decisions on a method ( Commission
communication on the method for the application of Article
92 ( 3 ) ( a ) and ( c ) to regional aid ) (') which allows the
socio-economic situation of a region to be examined in both
its national and its Community context . This enables the
Commission, in the Community interest, to ascertain
whether a significant regional disparity exists and, if so, to
authorize the Member State concerned, irrespective of its
level of economic development, to pursue a national regonal
policy .

In the case in point, the Commission 's decision was based
among other things on an assessment of the socio-economic
situation of Teruel, taking account not only of per capita
GDP and gross value added at factor cost but also of
structural employment or population density ( Changes to
the method for the application of Article 92 ( 3 ) ( c ) of the EC
Treaty to regional aid ) ( 2 ).

Under the circumstances, the Commission considers that :

— the abovementioned criteria for assessing the
socio-economic situation should shed light on the true
economic situation in this province ;

— the use of criteria other than per capita GDP can offset

any statistical distortion created by the considerable
weight of the public company Endesa in the provincial

economy ;

— the new ceiling for State aid granted to Teruel has been

fixed at a level which permits economic development
and hence a possible increase in population without,
however, altering the conditions of trade to an extent
contrary to the common interest ;

No C 9 / 40 EN Official Journal of the European Communities 15 . 1 . 96

— since 1 994, the Commission has included the criterion of

population density in its assessment of the compatibility
of State aid in favour of regional development .

WRITTEN QUESTION E-2414 / 95

by Caroline Jackson ( PPE )

to the Commission

Í 1 ) OJ No C 212, 12 . 8 . 1988 . (1 September 1995 )

( 2 ) OJ No C 364, 20 . 12 . 1994 . ( 96 / C 9 / 82 )

Subject : Directive 91 / 156 / EEC on waste

Under the terms of Directive 91 / 156 / EEC ( ), amending the

WRITTEN QUESTION E-2403 / 95

by Edward McMillan-Scott ( PPE )

to the Commission

1975 Directive on waste, Member States have to send to the
Commission for the first time on 1 April 1995 a report on
measures taken to implement this Directive . Which Member
States did so, and which have still to so do ?

(1 September 1995 ) (') OJ No L 78, 26 . 3 . 1991, p . 32 .

( 96 / C 9 / 81 )

Subject : ' Follow-on orders ' in the railway sector Answer on behalf of given by the Mrs Commission Bjerregaard

(6 October 1995 )

How does the Commission define ' follow-on orders ' in the

railway sector and is it aware of any infringements of single
market legislation within any Member State ?

Answer given by Mr Monti
on behalf of the Commission

( 16 October 1995 )

The Honourable Member 's question is understood to
concern the application of public procurement rules in case
of a second or subsequent purchases of the same product by
the same contracting authority .

The Directives relating to public procurement and in
particular Directive 93 / 38 / EEC of 14 June 1993
coordinating the procurement procedures of entities
operating in the water, energy, transport and
telecommunications sectors ( ] ), lay down specific
provisions on supply contracts for additional deliveries and
for additional works or services not included in the project
initially awarded or in the contract first concluded

( Article 20 — § 2 e ) and f ) of Directive 93 / 38 / EEC ).

Apart from these provisions, which must be regarded as
derogations and subject to restrictive interpretation, there
are no other specific provisions applicable to ' follow-on
orders ' which are consequently covered by the normal
rules .

The Commission is not aware of any relevant infringement
of public procurement rules within the Member States .

(!) OJ No L 199, 9 . 8 . 1993 .

Council Directive 91 / 156 / EEC amending Directive
75 / 442 / EEC (') on waste stipulates in Article 16 that the
Commission shall draw up, every three years, a report on the
implementation of the Directive ; this report is based on the
reports that Member States forward to the Commission
every three years, and for the first time on 1 April 1995 .

Council Directive 91 / 692 / EEC ( 2 ) standardizing and
rationalizing reports on the implementation of certain
Directives relating to the environment, amending the above
Directive, stipulates that Member States shall establish,
every three years, a consolidated report based on a
questionnaire . The Commission publishes a Community
report based on these national reports . The questionnaire
relative to Directive 75 / 442 / EEC was established

by Commission Decision 94 / 74 1 / EEC of 24 October

1994 ( 3 ).

As regards this Directive, the national reports pursuant to
Directive 91 / 692 / EEC have to be forwarded to the

Commission in Sepember 1998 . The Community report is
to be published mid-1999 . This report will cover the period

1995 to 1997 inclusive .

Having regard to these deadlines and the fact that there
does not exist, at present, a Community report on the
implementation of Directive 75 / 442 / EEC, except for a
consolidated report ( 4 ) published in 1989 concerning the
implementation of Directive 75 / 442 / EEC, except for a
consolidated report ( 4 ) published in 1989 concerning the
implementation of Directives 75 / 442 / EEC, 75 / 43 9 / EEC,
76 / 403 / EEC and 78 / 319 / EEC, the Commission intends to
establish such a report by the end of 1995 . This report will
cover the period 1 9 8 9 to 1 994 avoiding any overlap with the
report to be drawn up under the terms of Directive
91 / 692 / EEC .

In view of the above, the Commission had requested in
spring this year the relevant information from national

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 41

authorities . To date, only Denmark and Germany have
answered this request, and have submitted national

reports .

WRITTEN QUESTION E-2422 / 95

by Susan Waddington ( PSE )

to the Commission

(1 September 1995 )
0 ) OJ No L 194, 25 . 7 . 1975 .

( 2 ) OJ No L 377, 31 . 12 . 1991 . { 96 / C 9 / 84 )

( 3 ) OJ No L 216, 17 . 11 . 1994 .

( 4 ) SEC(89 ) 1455 final .

WRITTEN QUESTION E-2415 / 95

by Caroline Jackson ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 83 )

Subject : Waste-derived secondary liquid fuel ' Cemfuel '

Further to my question ( P-475 / 95 ) ('), what action has the

Commission taken to obtain more information about the

origin and composition of ' Cemfuel ' from the United
Kingdom ? Has the Commission received any such
information ? If so, what is the Commission 's opinion of
' Cemfuel ' in view of Council Directive 91 / 689 / EEC ( 2 ) and
Council Decision 94 / 904 / EC ( 3 )?

0 ) OJ No C 202, 7 . 8 . 1995, p . 18 .

Subject : Directive 94 / 31 / EEC on hazardous waste ( ( 3 2 ) ) OJ OJ No No L L 356 377,, 31 31 . . 12 12 .. 1991 1994,, p p . . 20 14 ..

Under the terms of Directive 94 / 31 / EEC (*), amending the

1991 Directive on hazardous waste, Member States shall
bring into force the laws, regulations and administrative
provisions necessary for them to comply with the Directive
by 27 June 1995, and shall immediately inform the
Commission . Which Member States have done so, and
which have still to do so ?

(M OJ No L 168, 2 . 7 . 1994, p . 28 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 11 October 1995 )

A complaint has been registered concerning the use of
' Cemfuel ' ( also known as ' Chemfuel ') as a fuel in a cement

given by Mrs Bjerregaard kiln in the United Kingdom . In addition, since the use of

the Commission waste-derived secondary fuels appears to be practised in

( 10 October 1995 ) several Member States, the Commission is in the process of
conducting an enquiry in all Member States .

Answer given by Mrs Bjerregaard

on behalf of the Commission

Directive 94 / 3 1 / EC changes the deadline for transposing
Directive 91 / 689 / EEC of 12 December 1991 ( J ) on
hazardous waste and the date of effect of the repeal of
Council Directive 78 / 319 / EEC of 20 March 1978 ( 2 ) on
toxic and dangerous waste .

The Commission has received national measures
transposing Directive 91 / 689 / EEC from Belgium ( Wallonia
and Brussels regions ), Denmark, Germany, the Netherlands
and Austria . It intends to initiate infringement proceedings
with regard to the other Member States which have not yet
communicated national implementing measures
transposing this Directive .

It appears that ' Cemfuel ' is a registered trade mark for a
range of waste-derived secondary liquid fuels . The
specification of ' Cemfuel ' depends on the grade of ' cemfuel '
being used . A number of absolute parameters are specified
for different grades of ' Cemfuel ', but there appears to be no
readily available information in relation to the origin of the
materials used .

. to As far as Council Directive 91 / 689 / EEC on hazardous waste
with regard to the other Member States which have not yet is concerned, the term ' hazardous waste ' is currently set out
communicated national implementing measures in Council Decision 94 / 904 / EC establishing a list of
transposing this Directive . hazardous waste pursuant to Article 1 ( 4 ) of Council

Directive 91 / 689 / EEC on hazardous waste . ' Cemfuel ' is not
(') OJ No L 377, 31 . 12 . 1991 . specifically included on this list .

( 2 ) OJ No L 84, 31 . 3 . 1978 .

No C 9 / 42 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2424 / 95

by Alex Smith ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 85

Subject : Commission update of its illustrative nuclear

programme document

Further to the reply to Mr Gordon Adam MEP on
28 February 1995 ( Written Question E-105 / 95 (')) on the
Commission 's update of its illustrative nuclear programme
document ( PINC ), when was this document made available
to Parliament and what efforts were made to alert Members

to its publication ?

(') OJ No C 139, 5 . 6 . 1995, p . 59 .

Answer given by Mr Papoutsis

on behalf of the Commission

( 25 September 1995 )

The Commission is currently working on the illustrative
nuclear programme ( PINC ) provided for in Article 40 of the
Euratom Treaty . It is due to be adopted during the second
half of the year . The Economic and Social Committee 's
opinion on the programme will be sought before publication
in accordance with Article 40 of the Euratom Treaty .
Although the Treaty does not provide for official
consultation of Parliament, the Commission will ensure that
it receives all necessary information in good time .

Will the Commission publish a table showing the number,
frequency and duration of Euratom safeguards inspections
at these mixed facilities since the detailed arrangements
agreed pursuant to Commission Regulation ( EEC )
No 3227 / 76 came into force ?

(') OJ No L 363, 31 . 12 . 1976, p . 1 .

Answer given by Mr Papoutsis

on behalf of the Commission

( 18 October 1995 )

The Commission would inform the Honourable Member

that Commission Regulation ( EEC ) No 3227 / 76 has been
implemented in mixed civil-military nuclear facilities in
France and the United Kingdom .

The application of the Regulation, including Article 35.2,
continues to follow the objective declared by the
Commission to the Parliament in 1988 (') whereby there
must not be a net loss in quantity and quality of the civil
nuclear material when processed in mixed installations
together with or sequentially to non-civil material not under
safeguards .

In 1992 — 1994, Euratom inspectors carried out inspections
in mixed installations as follows :

— 1992 : 1 766 working days

— 1993 : 2 138 working days

— 1994 : 2 422 working days .

WRITTEN QUESTION E-2426 / 95 (') Debates No 2-370 of / the 175 European to 187 . Parliament : sitting of 26 October 1988

by Alex Smith ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 86 )

Subject : Implementation of Commission Regulation ( EEC )

No 3227 / 76 dealing with mixed civil-military
nuclear facilities

What progress has been made in full implementation in ( a )
United Kingdom and ( b ) France of Commission Regulation

( EEC ) No 3227 / 76 ( J ) dealing with the application of
Euratom safeguards to ' mixed ' civil-military nuclear
facilities such as Sellafield ?

WRITTEN QUESTION E-2431 / 95

by Florus Wiisenbeek ( ELDR )

to the Commission

(1 September 1995 )

( 96 / C 9 / 87 )

Subject : Waste oil dumping by ships at sea

Have any difficulties been faced in implementing
Article 35.2 of Commission Regulation ( EEC ) Is the Commission aware that the number of known cases of

No 3227 / 76 ? oil pollution on the high seas is far from decreasing ?

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 43

In view of this fact, does not the Commission agree that
current Union and Member State legislation is
inadequate ?

Would the Commission be prepared to draw up proposals
for legislation or to put forward proposals to the IMO with
the aim of ensuring that the disposal of used oil at port is
made obligatory on the understanding that if no oil is
disposed of at a port of call, the crew should be able to prove
that this has already been done elsewhere .

Does not the Commission agree that such a system of
obligatory disposal should be accompanied by the inclusion
of the costs in the port dues regardless of whether or not oil
has been disposed of ?

Answer given by Mr Kinnock

on behalf of the Commission

( 11 October 1995 )

The protection of the marine environment is a continuing
concern for the Commission, which recognizes that all
practicable measures to achieve this goal must be taken .
Such measures include preventing the discharge of oily
waste from ships, a practice which continues unabated .

While the overall availability of shore reception facilities for

ships ' waste seems to be adequate in the Community, the use
of these facilities is lower than anticipated . Consequently,
this issue is under consideration as one of the objectives set
out in the communication on safe seas ( ! ).

Making proper discharge mandatory could play an
important role in developing improved use of reception
facilities, including measures to police the discharge of oily
waste by means of logbooks and receipts to be kept by the
crew on board ship .

Financing infrastructure of shore reception facilities for
ships ' waste is also an important element . All possible
options for indirect financing, such as charging for waste
discharges through port dues, will be considered .

The ultimate goal is a considerable reduction of oil
discharges at sea . Both shipowners and port authorities
support such initiatives .

It is worth recalling that, in order to improve enforcement of
international conventions, codes and resolutions, a Council
Directive on port state control ( 2 ) was adopted on 19 June

1995 . Through this Directive effective pollution prevention
may be enhanced by a drastic reduction in numbers of
substandard ships in Community waters .

0 ) COM(93 ) 66 .

( 2 ) OJ No L 157, 7 . 7 . 1995 .

WRITTEN QUESTION E-2442 / 95

by Peter Crampton ( PSE )

to the Commission

(1 September 1995 )

96 / C 9 / 88 )

Subject : Use of consultancies by the European
Commission

1 . What is the total number of contracts which the

Commission has placed with consultants over the past five
years ?

2 . What was the total cost of these contracts in each of

the past five years ?

3 . How many contracts were awarded under the auspices
of each Directorate-General ?

4 . Which consultancies have had the most contracts

awarded in the past five years ?

Answer given by Mr Liikanen

on behalf of the Commission

( 16 October 1995 )

The internal provisions governing the use by the
Commission of outside staff stipulate that consultants

( natural or legal persons ) can be employed in an advisory
capacity for specialized, temporary assignments which,
because of their technical nature, cannot be carried out by
category A officials, temporary or auxiliary staff . In no
circumstances may these assignments be sub-contracted
public service tasks, which, by virtue of the Treaties, only the
Commission can perform, nor may they be simple
administrative tasks . Contracts must be concluded

preferably with legal persons and performed independently
by the contractors away from Commission premises as a
rule .

Up to 1992 consultants ' services were charged against both
Part A ( Article A-260 ) and Part B ( mini-budgets ) of the
budget .

After mini-budgets were transferred back to Part A in 1993,
consultants ' services now come under heading A-2600

( Studies, surveys and consultations ) only .

Because appropriations of this type are managed on a
de-centralized basis once the Commission has decided on

their allocation, it is very difficult to prepare comprehensive
statistical series over a long period .

However, it can be pointed out that ECU 23 894 259 was
spent in 1993 nd ECU 14 607 718 in 1994 and that ECU

10 902 000 is planned for 1995 . A total of 1 028 contracts
were concluded in 1993 and 687 in 1994 . The table below

shows the breakdown by department .

No C 9 / 44 EN Official Journal of the European Communities 15 . 1 . 96

Item A-2600

Studies and consultants

1995 1994 1993

Directorate-General
Programmed

( ECU )

Commitments

( ECU ) (')

Committed

( ECU ) (')

Number of

commitments

Number of

commitments

Externa ] Relations 450 000 2 095 469 49 4 475 804 160

Economic and Financial Affairs 300 000 302 314 31 346 033 37

Internal Market and Industrial Affairs 2 067 000 1 644 638 75 2 041 636 70

Competition 900 000 8 65 028 28 1 691 503 47

Employment, Industrial Relations and
Social Affairs 500 000 934 448 49 1 959 430 97

Agriculture 600 000 540 553 21 873 533 36

Transport 195 000 563 291 33 954 876 49

Development — 244 720 16 289 810 15

Personnel and Administration 400 000 532 011 19 625 401 21

Information, Communication, Culture
and Audiovisual Media 100 000 1 367 610 123 1 593 164 124

Environment, Nuclear Safety
and Civil Protection 300 000 234 459 12 1 293 230 54

Science, Research and Development
Telecommunications, Information ­
Market and Exploitation of Research 300 000 98 500 7

Fisheries 50 000 20 000 2 — —

Financial Institutions and Company
Law 500 000 404 728 13 277 800 2

Regional Policies 60 000 — — 54 786 4

Energy 50 000 262 406 19 889 446 100

Credit and Investments 250 000 109 500 3 63 000 1

Budgets 180 000 174 742 12 179 311 7

Financial Control 50 000 109 810 1 104 250 1

Customs and Indirect Taxation 139 000 546 867 15 987 795 23

Education, Training and Youth 347 000 555 260 22 481 847 12

Enterprise Policy, Distributive Trades,
Tourism and Cooperatives 100 000 36 000 1 114 500 7

Consumer Policy Service 1 650 000 1 251 603 28 1 998 594 46

Secretariat-General 300 000 451 789 33 488 150 25

Joint Interpreting and Conference

Service 64 000

Legal Service 50 000 — — 50 000 3

Spokesman's Service — 3 000 2 5 500 2

Statistical Office 550 000 621 565 12 1 617 625 48

Enlargement Task Force

— — — — —

Translation Service — — — — —

Forward Studies Unit 150 000 124 800 10 114 500 11

Inspectorate-General 100 000 47 000 8 6 935 2

European Community
Humanitarian Office 100 000 147 400 10 167 800 7

External Political Relations 100 000 318 207 33 148 000 17

10 902 000 14 607 718 687 23 894 259 1 028

(M Number of commitments, allowing for supplementary commitments and commitments cancelled .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 45

WRITTEN QUESTION E-2446 / 95

by Cristiana Muscardini ( NI )

to the Council

(1 September 1995 )

( 96 / C 9 / 89

Subject : Terrorist attack in Paris

The terrorist attack carried out on 25 July 1995 in Paris has
provoked anger and indignation throughout Europe . For
decades the human race felt its safety threatened by the
possibility that the delicate balance of peace, based on
nuclear deterrence, could be upset at any time . Despite the
end of the Cold War the public 's sense of insecurity remains
acute because of the recurrence of unforeseeable acts of

terrorism which represent a constant threat to life similar to
that which would prevail during a permanent state of

war .

In view of this situation, can the Council say what action
could be taken and what means could be used under the

internal affairs and police cooperation ( Europol ) policy in
order to reassure a defenceless public and ensure maximum
protection against the kind of terrorist aggression which has
recently caused such tragic bloodshed in Paris ?

Answer

(5 December 1995 )

1 . In the context of cooperation in the fields of justice
and home affairs the Council regularly examines the
external and internal threat posed by terrorism to the
Member States of the European Union . Its most recent
review of the situation was at the Justice and Home Affairs
Council meeting on 25 and 26 September 1995 .

2 . A very great deal is being done by European police
forces and other services to ensure that there is effective

cooperation in combating terrorism . The presence in a
number of Member States of liaison officers directly
responsible for matters concerning the terrorist threat and
terrorist violence has proved to be a useful instrument for
combating terrorism, particularly at operational level .
Seminars are organized by the Council presidencies on
specific matters relating to the terrorist threat and methods
of preventing and investigating terrorist activities .

3 . The present communications network is widely used
for exchanging information on terrorist attacks carried out
on the territory of a Member State, while ensuring a
maximum of confidentiality and security .

4 . The Council is aware that the fight against terrorism
needs to be conducted at both the operational and the

political level : terrorism has deep historical roots and will
not be eradicated by police action alone . In the
constitutional States of the European Union there is no
justification for terrorism, and it must be prosecuted and
punished as ah especially serious form of crime .

5 . The Convention established on the basis of Article K.3

of the Treaty on European Union, setting up a European
Police Office ( Europol ), was signed on 26 July 1995 . Its
objectives include improving the efficiency of the relevant
departments in the Member States and their cooperation in
preventing and combating terrorism .

WRITTEN QUESTION E-2448 / 95

by Monica Baldi ( UPE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 90 )

Subject : Proposal to set up a national park in the Tuscan

archipelago

The Italian Ministry of the Environment is setting up a
national park in the Tuscan archipelago, pursuant to
Community Directive 79 / 409 / EEC ( ] ) of 2 April 1979 and
National Framework Law No 394 / 91 on protected areas
and in total disregard for the opposing views of the local
municipal council and the inhabitants of the islands, who
object to the fact that the project is being administered by a
park authority ( appointed by the Ministry ) on which local
bodies are not represented .

Having regard to Article 6(1 ) and ( 2 ) of Council Directive

85 / 337 / EEC of 27 June 1985 on the assessment of the effects
of certain public and private projects on the
environment ( 2 ), which stresses the need for the appropriate
local authorities and the general public to be consulted
before any given project is authorized by the Member States,
and whereas the European Parliament 's Committee on the
Environment, Public Health and Consumer Protection, in
approving the amendment to Directive 85 / 337 / EEC, has
stressed the importance of the principle of participatory
democracy which entitles members of the public to
participate, express their own views and, possibly, contest
the decisions taken by the authorities, could the
Commission say whether this principle can also apply to
a project which, although not covered by Directive
85 / 337 / EEC, nonetheless has an impact on the area in which
it is situated and will radically affect the environment ?

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

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

No C 9 / 46 EN Official Journal of the European Communities 15 . 1 . 96

given by Mrs Bjerregaard 21 June 1957 specifically that the provisions of Article 34 of

of the Commission the Euratom Treaty were applicable to all ' particularly

( 11 October 1995 ) dangerous tests ' whether civil or military ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

As the Honourable Member has so rightly said, projects to
create national parks are not subject to the provisions of
Directive 85 / 337 / EEC, in particular those concerning the
consultation of the general public .

Consequently, only national procedures are applicable . The
Commission has every confidence that the Italian
authorities will respect them in the case in question .

WRITTEN QUESTION P-2451 / 95

by Hiltrud Breyer ( V )

to the Commission

(1 September 1995 )

( 96 / C 9 / 91 )

Subject : France 's nuclear tests and Article 34 of the

Euratom Treaty

1 . Has the French Government notified the Commission,
pursuant to Article 34 of the Euratom Treaty, of its
intention to carry out a series of tests in September 1995
which are ' particularly dangerous ' within the meaning of
this Article ?

2 . If not, has the Commission requested the French
Government to notify it in accordance with Article 34 of the
Euratom Treaty ?

3 . Insofar as the Commission shares the view of the

un-named Commission officials cited in news reports that
Article 34 is not applicable to particularly dangerous tests
serving military purposes, is it aware that at the end of the

1950s and the beginning of the 1960s the French
Government provided notification of its military tests in the
Sahara, in accordance with Article 34 of the Euratom
Treaty ?

4 . Is it aware that, in the light of the origin and wording
of various provisions of the Euratom Treaty, this Treaty is,
as a matter of principle, also applicable to the use of nuclear
energy for military purposes ?

5 . Is it aware, in particular, of the views expressed by the
then French Secretary of State in the Foreign Ministry, Mr
Maurice Faure, who told the French National Assembly 's
Committee on the Family, Population and Public Health, on

Answer given by Mrs Bjerregaard

on behalf of the Commission

(5 October 1995 )

1 . No notification was made by the French Government
to the Commission, prior to the public announcement to
which reference is made, of its intention to carry out a series
of nuclear tests planned for September 1995 to May

1996 .

2 . On learning of the announcement the Commission
requested on 20 June 1995 further information from the
French authorities regarding the current radiological
situation in Polynesia and any other relevant information
including forecasts of the long-term migration of
radionuclides and an assessment of the environmental

impact of the past and planned nuclear tests . The
information supplied to date by the French Government is
now being examined by the Commission . An intermediate
report ' Examination of documents pertaining to the
monitoring of environmental radioactivity in French
Polynesia ' was published on 11 September 1995 . With
explicit reference to Article 34 of the Euratom Treaty, the
Commission asked the French Government on 8 September
1995 inter alia if and when additional health measures have

been or will be taken with regard to this new series of tests
and if these experiments are likely to affect territories of
other Member States . With regard to two complaints and an
alleged breach of Article 34, requests for further
information were addressed to France on 24 August and
5 September 1995 .

3 . The Commission has made reference to the previous
Article 34 communication from France, most recently in its
reply to Written Question E-1519 / 95 from Mrs Ahern (').
That communication referred to an atmospheric test rather
than an underground test .

4 . The Commission agrees that, as a matter of principle,
the Euratom Treaty is applicable to military activities,
except where a derogation is provided by the Treaty itself as
in Article 84 referring to the application of safeguards .

5 . Full cognicance has been taken of Mr Faure 's
statement of June 1957 .

(') OJ No C 230, 4 . 9 . 1995 .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 47

WRITTEN QUESTION P-2452 / 95

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

(1 September 1995 )

How many male A2 directors are employed in Commission
departments at present ?

( 96 / C 9 / 92 ) Answer given by Mr Liikanen

on behalf of the Commission

Subject : The brown bear (4 October 1995 )

Could the Commission given the reasons for the withdrawal
of funding for the conservation of the brown bear in
Cantabria ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 September 1995 )

In order to protect the brown bear in the Cantabrian
Mountains, the Commission has been co-financing
measures since 1992 in four autonomous Spanish
communities : Asturias, Cantabria, Castile-Leon and
Galicia .

Having received a request to continue this financing in 1 995,
the Commission assessed the state of progress of the
campaign in each of the regions .

Where Cantabria was concerned, none of the planned
activities, notably the monitoring and management of the
bears ' habitats, had yet begun . Only compensation for
damage caused by wolves had been paid, accounting for
barely 10% of the total budget available .

In view of this failure to carry out the project properly and
the large sums unused, the Commission felt that it was
inappropriate to give additional financing to the Cantabrian
authorities .

On 5 July 1995 the Commission adopted a communi ­
cation on ' Equal opportunities : targets for
appointment / recruitment of women in 1995 ', which
includes a set of targets ' to be reached as far as possible in

1995 ', including doubling the current number of women in
grade A2 ( from 5 to 10 ).

The Commission would point out that grade A2 covers the
posts of Director, Chief Adviser and some Heads of
Delegation, and the Commission communication relates
only to the grade and not the posts .

On 6 September 1995 there were seven female A2s in the
Commission, six of them Directors and all of them
permanent officials . There were 165 male A2s, 155
permanent officials and 10 temporary staff in Member 's
Offices . Of these 155 permanent officials, 134 were
Directors .

By way of comparison, in 1990 the Commission had one
woman and 151 men in grade A2 . It is therefore possible to
say that the increase for which the Commission was hoping
when it adopted the communication has already begun and
that this increase vindicates the Commission 's policy of the
last few years .

ECU 2 million was awarded, by way of co-financing, to the
other beneficiaries of the project so as to continue the
campaign to protect the brown bear . WRITTEN QUESTION E-2456 / 95

by Richard Howitt ( PSE )

to the Commission

(1 September 1995 )

WRITTEN QUESTION E-2455 / 95 ( 96 / C 9 / 94 )

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 93 )

Subject : Number of female A2 directors at the
Commission

Early in July we were told that the Commission would be
appointing more women to senior posts . According to a
press report ( in De Standaard, 6 July 1995 ) the number of
female A2 directors would be raised from five to ten .

Subject : Footwear industry — general system of
preferences

Is the Commission aware that a number of footwear

companies are being affected by the recent changes to the
general system of preferences which prevent them importing
products manufactured in China if no agreements existed so
to do on or before 1 January 1995 ? I know of a company in
my constituency which previously imported from India,
Chile and Pakistan amongst other countries, but as a result
of a 15% increase in duty on those goods has turned to

No C 9 / 48 EN Official Journal of the European Communities 15 . 1 . 96

China . It is, however, unable to gain a share of the relevant
quota as it had not imported from China before .

What arrangements is the Commission proposing to ensure
that companies in this position are not put at a competitive
disadvantage, with the consequent threat of job losses ?

Answer given by Mr Marin
on behalf of the Commission

( 11 October 1995 )

On 1 January 1995, the Commission implemented its new
generalized system of preferences ( GSP ) scheme for
industrial products for the period 1995—1998 . This
followed its adoption by the Council on 19 December 1994
as Council Regulation ( EC ) No 3281 / 94 ( J ). One of the
principal changes foreseen by this Regulation is . the
abolition of any form of quantitative limitations for
duty-free imports . In the previous scheme, once these
quantitative limitations were exhausted full customs duties
were automatically re-established or were liable to be . This
created great uncertainty for the economic operators
concerned . This was replaced by a system of preferential
tariffs for products imported under the GSP, depending on
the sensitivity of the products . These tariffs are applicable, in
principle, throughout the four-year operation of the scheme
and therefore give the economic operators greater security
and predictability for the management of the GSP
scheme .

Footwear products have been deemed to be sensitive, and as
such as entitled to receive a GSP benefit of 30 % reduction of

the normal customs tariff rate . This rate is applicable to all
beneficiaries of the GSP, other than the least developed
countries, which continue to receive duty-free treatment .

However, to take into account the particular economic
development of the beneficiary countries in identified
sectors, some will have their GSP benefits for certain sectors
withdrawn . This is the case for China in the footwear sector .

From 1 January 1997, China will have half its GSP benefit
removed for exports of footwear under the GSP . This means
that from that date, for one year, the GSP benefit for these
products will be a 15 % reduction of the common customs
tariff rate of duty . From 1 January 1998 the GSP benefit for
the footwear sector on exports from China will be
eliminated .

The main objective of the GSP is to encourage the
development of all developing countries . The
implementation of the new GSP scheme in no way affected
or limited the commercial options open to economic
operators by preventing imports after 1 January 1995, nor
stopped operators from changing supply sources as part of
the normal commercial transactions . If anything, through its
greater transparency and simplicity of the GSP will
encourage increased commercial activity between the
Community and the developing countries .

The current Community quotas on imports of footwear
from China in fact have nothing to do with the GSP ; they are
governed by Council Regulation ( EC ) No 519 / 94 ( 2 ), which

forms part of the common commercial policy, and apply to
only 38 % of Community imports of footwear originating in
China .

Imports of sports footwear falling within CN codes 6402 19
and 6403 19 have recently been liberalized ; Council
Regulation ( EC ) No 538 / 95 ( 3 ) abolished the quotas set up
in March 1994, and cut from ECU 12 to ECU 9 the
threshold price above which ' special technology ' footwear
can be freely imported into the Community .

The existing Community quotas are open to all Community
importers in accordance with the rules laid down in Council
Regulation ( EC ) No 520 / 94 ( 4 ) for the Community
administration of quantitative quotas .

These rules prescribe that quotas are to be allocated among
Community importers in accordance with a method to be
determined by the Commission following consultations
with a special committee .

To date, the quotas have been administered using the
method described in Article 2 ( 2 ) ( a ) of that Regulation,
which is based on traditional trade flows . The quota is
divided in two, the larger share being reserved for
' traditional ' importers ( i.e. those who have imported the
goods concerned throughout a given reference period ) and
the smaller but still substantial share for other importers

( Commission Regulation ( EC ) No 1732 / 95 establishing
administrative procedures for the 1996 quotas ) ( 5 ).

Note, however, that not only do the quotas not apply to all
footwear imports from China but that footwear imports
from other non-member countries enter the Community
freely . Thus the Community market is an open one, giving
the industry, when internal production is added to imports,
the ability to source supplies across an enormous product
range at competitive prices .

(') OJ No L 348, 31 . 12 . 1994,

( 2 ) OJ No L 67, 10 . 3 . 1994 .

( 3 ) OJ No L 55, 11 . 3 . 1995 .

( 4 ) OJ No L 66, 10 . 3 . 1994 .

( 5 ) OJ No L 165, 15 . 7 . 1995 .

WRITTEN QUESTION E-2461 / 95

by Otto von Habsburg ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 95 )

Subject : Belgian postal rates for letters to Austria

There have recently been complaints that the Belgian postal
services are continuing to charge the international rate for

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 49

letters to Austria, although since 1 January 1995 that
country has been a member of the European Union and
therefore entitled to inland postal rates .

Will the Commission make representations to the Belgian

Government to have its postal authorities comply with the
rules of the European Union ?

Answer given by Mr Bangemann

on behalf of the Commission

( 10 October 1995 )

There is no Regulation that requires the Belgian postal
operator to apply the same tariffs for domestic and
cross-border mail . Currently, Belgium 's postal rate for the
first weight step for domestic letters is the same as those to
the old Member States . After the accession of Austria,
Finland and Sweden, the Belgian postal operator has not yet
adjusted its tariffs to those three Member States but has
informed the Commission that it is re-considering its
position .

A main objective of the Council resolution of 7 February

1994 on the development of Community postal services ( l )
is the introduction of a reciprocal system of payment
between public postal operators for delivering each others '
traffic, to be based on costs, which in turn are best
approximately by domestic postal tariffs . However, costs
vary widely between the Member States among other
reasons, due to variations in the cost of labour . Therefore, it
is very likely that postal tariffs for cross-border traffic will
also differ considerably between public operators due to
variations in their own costs .

(') OJ No C 48, 16 . 2 . 1994 .

WRITTEN QUESTION E-2462 / 95

by Wolfgang Kreissl-Ddrfler ( V ) and Magda Aelvoet ( V )

to the Council

(1 September 1995 )

— the media in Paraguay have reported that the ECU 14,8

million granted for the above project had no conditions
attached ;

— according to a United Press international report of

30 January 1995, the Paraguayan Foreign Minister
described the plan to make 600 000 hectares available
for 35 000 people as pure fantasy ;

— a study carried out by the Paraguayan anthropologist S.

Kidd of the Enxet people, intended to be the
beneficiaries of the Chaco project concluded that the
sole purpose of every piece of Paraguayan legislation to
protect the native population was to improve Paraguay 's
international image .

1 . Is the Council aware of these allegations and the
reports in the Paraguayan media ?

2 . Is the execution of the project conditional on the
expenditure of ECU 4 million on buying back land
on behalf of the indigenous people ?

3 . How is the proper utilization of the funds currently

being monitored ?

4 . What does the Council intend to do if enquiries

confirm these charges ?

5 . Is the Council prepared to keep the European
Parliament 's Committee on Budgetary Control fully
informed of the future execution of the Chaco

project ?

Answer

(5 December 1995 )

1 . The Council has no knowledge of the fraud alleged by
the Honourable Member .

( 96 / C 9 / 96 ) It would in any case be for the Commission to ensure that
funds granted from the Community budget were used
appropriately and to inform the appropriate Committee of

Subject : Use of funds from the Chaco / Paraguay EU the European Parliament .
development aid project ( ALA / 93 / 40 )

There have recently been several reports of the possible
misappropriation of EU development aid funds from the
programme for sustainable development of the Chaco,
Paraguay ( conservation of the habitat of the indigenous
population and the environment ), e.g.

— according to investigations by the European Alliance

with Indigenous People, none of the ECU 4 million
earmarked for buying back the land of the indigenous
population has yet been used for that purpose,

2 . With regard to the detailed conditions for the granting
of Community funds to this project, the Commission — to
which the same question has been addressed — is the
institution responsible for managing these funds and is
certainly better placed to answer the Honourable Member 's
questions .

No C 9 / 50 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-2464 / 95

by José Apolinârio ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 97 )

Subject : Financing of re-afforestation projects under the

Cohesion Fund

In view of the positive environmental repercussions of
re-afforestation, what is the Commission 's view regarding
the possibility of financing re-afforestation projects under
the environmental section of the Cohesion Fund, and under
what terms might this be done ?

2 . Is the Commission aware of any studies carried out in
other Member States into the percentage of patients who
suffer such problems and their causes ?

3 . Can the Commission indicate in which Member States

both human and animal insulin are readily available to
patients and what reasons the Member States give to
justify this ?

4 . Can the Commission state whether the availability of
various kinds of insulin is being discussed in connection
with the establishment of the European market in
medicines and what stage those discussions have
reached ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission Answer given by Mr Bangemann

on behalf of the Commission
( 27 September 1995 ) ( 13 October 1995 )

The Cohesion Fund has already financed schemes in the past
concerning re-afforestation, in particular projects - involving
the control of erosion .

Insulin is a hypoglycemic hormone used in the metabolism
of carbohydrate and fat . The lack of insulin causes diabetes
melitus .

Re-afforestation projects are therefore eligible under the
Cohesion Fund if their environmental purpose can be shown
and if they meet the criteria of Council Regulation ( EC ) There are three sources of insulin, namely animal ( either
No 1164 / 94 of 19 May 1994 ( J ); such schemes must in porcine or bovine ), a semi-synthetic process and
particular consist of coherent groups of projects, be clearly recombinant biotechnology . The medicinal products
environment defined, and implement . a visible strategy in the field of the available although in the the animal Community origin products come from are used all less three than sources either,

of the other products .
(') OJ No L 130, 25 . 5 . 1994 .

The Commission has no specific studies regarding any
adverse reactions due to a change in the production method
of insulin . However, the initiation or change of the
treatment with this medicinal product is under the
WRITTEN QUESTION E-2467 / 95 supervision of a specialist physician in all Member
States .

by Maartje van Putten ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 98 )

Subject : Insulin

In 1988 the industrial firms which market insulin for
diabetes patients in the Netherlands decided that they would
discontinue their practice of submitting animal insulin for
listing in the official register of medicines and only seek
listing for human insulin .

1 . Is the Commission aware of reports that a small number
of diabetes patients have suffered serious problems, in
one case reportedly leading to death, caused by the
switch from animal to human insulin ?

Equally, in any Member State where insulin of animal origin
is not authorized, it may nonetheless be obtained in
accordance with the provisions of Article 2.4 of Directive
65 / 65 / EEC ( ] ) under which a ' Member State may, in
accordance with legislation in force and to fulfil special
needs, exclude from chapters II to IV medicinal products
supplied in response to a bona fide unsolicited order,
formulated in accordance with the specifications of an
authorized health care professional and for use by his
individual patients on his direct personal responsibility '.

(') OJ No 22, 9 . 2 . 1965 .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 51

WRITTEN QUESTION E-2468 / 95

by Gerfrid Gaigg ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 9 / 99 )

Subject : Freedom to provide services — third-country

nationals

On 15 February 1995 two third-country nationals
employed by an Austrian firm were stopped by the German
border police at the Braunau / Simbach frontier post on their
way to one of the firm 's building sites in Germany .
The employees immediately produced papers proving
membership of a local Austrian health insurance scheme and
current work permits as proof that they had been legally
employed by the Austrian firm for many years, as well as
referring to European Court of Justice case law, but this had
no effect on the actions of the German border police .

This example shows that Germany has not yet transposed
the Court of Justice judgment of 9 August 1994 in Case
C-43 / 93 : Raymond Vander Elst v. Office des Migrations
Internationales ( OMI ), concerning the employment of
third-country nationals in the EU .

What steps does the Commission intend to take to ensure
that the Court of Justice judgment is transposed into
German law ?

Answer given by Mr Monti
on behalf of the Commission

(6 October 1995 )

The Commission considers that the facts referred to may
well constitute a violation of Community law . In the Vander
Elst case the Court of Justice ruled that

' Articles 59 and 60 of the Treaty must be interpreted as
precluding a Member State from requiring undertakings
which are established in another Member State and enter

the first Member State in order to provide services, and
which lawfully and habitually employ nationals of
non-member countries, to obtain work permits for those
workers from a national immigration authority and to
pay the attendant costs, with the imposition of an
administrative fine as the penalty for infringement .'

This ruling means that a service provider established in one
Member State may move freely into the territory of another
with any of his staff, even if they come from a non-member
country, in order to provide services there . The main point
of the ruling is that it is illegal for the Member State to which
the third-country worker is sent to require that a work

permit be presented . On the other hand, the Court did not
rule on whether any other requirements, such as for a visa,
would be illegal .

The precise reason why the workers in question were
refused entry into Germany have not been given .

In any case, the Commission has already raised this problem
with the German authorities following complaints by
Community businesses about problems encountered
in sending third-country workers to Germany . The
Commission will soon be deciding whether the procedure
provided for in Article 169 of the EC Treaty should be
initiated against Germany .

WRITTEN QUESTION E-2485 / 95

by Winfried Menrad ( PPE )

to the Commission

( 11 September 1995 )

( 96 / C 9 / 100 )

Subject : Provisions to monitor compliance of technical

facilities and equipment with the Law on building
regulations, as regards the manufacture of
lightning conductors

Under a law of the Land of Baden-Wiirttemberg as a federal
State of the Federal Republic of Germany ( the 1986
Regulation on construction experts — BauSVO ), the
manufacturers of lightning conductors are prohibited from
carrying out regular checks as ' recognized experts ' On
equipment they have installed themselves . They are
compelled to leave these contractual services to independent
companies, which means that the manufacturers are being
restricted in the exercise of their professional activity .
Manufacturers of lightning conductors in Baden ­
Wiirttemberg have claimed that non-German companies are
not subject to this restriction .

1 . Is distortion of competition taking place in this area, to
the detriment of German companies ?

2 . Are companies with a head office in an EU Member
State other than Germany permitted, notwithstanding
the legal situation for businesses established locally, to
carry out regular checks on equipment they have
installed e.g. in Baden-Wiirttemberg, by invoking the
principle of free movement of goods and services ?

3 . Does not EU law appear to need correction, so that
companies established in Germany, like other
companies, are as in the past normally allowed to check
equipment they have installed in the building sector ?

No C 9 / 52 EN Official Journal of the European Communities 15 . 1 . 96

Answer given by Mr Monti
on behalf of the Commission

( 27 October 1995 )

According to the Court of Justice case-law, firms with a
head office in another Member State may, by virtue of the
principle of the free movement of services, carry out
installation and checking work in Germany . Restrictions on
this freedom are permissible only if they are
non-discriminatory and designed to protect a general
interest, if that interest is not guaranteed by the rules of the
Member State in which the supplier has its head office and if
the same result cannot be achieved by less binding rules . In
the case in question, the Commission does not have
sufficient information on the specific problems described by
the Honourable Member .

In any case, the situation of firms not established in
Germany has no relevance in this context for the situation of
firms which are established there . Application of the
Baden-Wiirttemberg regulation to German firms is a purely
domestic matter not falling within the scope of Community
law . It should be recalled that Community law does not
prohibit the aforementioned reverse discrimination, i.e.
more favourable treatment of firms established in another

Member State . However, national courts may still examine
the compatibility with their constitution of a national rule
which treats nationals who are in a situation not covered by
Community law less favourably than nationals from other
Member States ( Steen [ 1994 ] ECR 1-2715 ).

WRITTEN QUESTION P-2486 / 95

by María Izquierdo Rojo ( PSE )

to the Council

(6 September 1995 )

( 96 / C 9 / 101 )

Subject : Participation of the Arab Maghreb Union in the

forthcoming Euro-Mediterranean Conference

At the extraordinary ministerial meeting of the
Mediterranean Forum held in Tabarka ( Tunisia ) on 28 and
29 July 1995, the representatives of the Maghreb countries
raised the pressing question of the participation of those
countries in the Euro-Mediterranean Conference to be held

in Barcelona on 27 and 28 November 1995 .

The present author has already, at the July 1995
part-session in Strasbourg, raised the matter of this concern
over the possible modes of participation by the Maghreb
countries, stressing the need to examine the matter closely
with a view to devising acceptable formulas or options .

The priority objectives of the Euro-Mediterranean
Conference concern the establishment of solid bases for

cooperation with the Maghreb countries, as neighbours and
favoured partners with whom the EU shares immediate
interests in the political, commercial, economic, energy,
social, environmental and security spheres . It follows that
the participation of the Maghreb countries should be
encouraged with all the means at our disposal .

If there is to be cooperation on the lines proposed in the
context of the Euro-Mediterranean Conference, its
development will need to be structured around and
supported by regional cooperation bodies capable of
encouraging and organizing transnational projects .

The summary report of the General Affairs Council of

10 April 1995 on the Euro-Mediterranean Conference
suggests, in this connection, that such meetings could be
developed under the aegis of the Conference, with support
from the existing cooperation structures .

The existing regional cooperation structures in the
Mediterranean have been relatively vulnerable, weak and
problem-ridden bodies ; this makes it all the more important
that they should be encouraged by a regional treaty
organization such as the Arab Maghreb Union and by the
cooperation bodies concerned with EU-Maghreb
relations .

The five countries of the Arab Maghreb Union have from
the outset supported the notion of setting up a conference on
Security and Cooperation in the Mediterranean on similar
lines to the OSCE .

Progress in EU-Maghreb cooperation has to be achieved if
the situation in the Mediterranean as a whole is to

improve .

In view of the above, can the Council state, as a matter of
urgency, whether its Presidency is willing to propose
regional participation formulas to enable the forthcoming
Euro-Mediterranean Conference to include the Arab

Maghreb organization and the Maghreb countries, on a
basis specifically adapted to the requirements and objectives
concerned ?

Answer

(5 December 1995 )

In taking the initiative of organizing the
Euro-Mediterranean Conference in Barcelona ( 27 and
28 November 1995 ), intended to lay the foundations for a
Euro-Mediterranean partnership, the European Union
considered that this initiative should be aimed at the

Mediterranean partners with which it has a contractual
relationship . Bearing this in mind, it considered that the
following twelve Mediterranean partners were concerned :

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 53

Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta,
Morocco, Syria, Tunisia, Turkey and the Palestine
Authority .

The European Union 's primary objective is to create
conditions which will enable the above twelve partners to
participate in this Conference with the 15 Member States of
the Union .

Issues relating to the organization of the Conference,
including that of the presence of other countries or regional
organizations, with a status yet to be defined, such as
observer status, will be discussed with the Mediterranean
partners . At this stage, no precise position has been reached
in this connection .

WRITTEN QUESTION P-2495 / 95

by Nikitas Kaklamanis ( UPE )

to the Council

(6 September 1995 )

( 96 / C 9 / 102 )

Subject : Reversal of European policy in former
Yugoslavia

On 4 August 1995, the Croats began their offensive in
Krajina, driving 200 000 Serbs from the homes they had
inhabited for centuries .

As is well known, four Member States of the European
Union then called for an extraordinary meeting of the
Council of Ministers to discuss the crisis in Krajina and
Bosnia and its implications .

The Council of Ministers rejected this request .

Does the Council consider that this constitutes a major
reversal of European positions and policies in this area ?

How else does the Council explain the initiatives now being
taken by other major international bodies in this area ?

Answer

December 1995 )

Since the beginning of the conflict in former Yugoslavia, the
European Union has always been profoundly involved in the
search for a negotiated solution . This work is carried out by
means of the coordinated action of all the Member States

and in close collaboration with the members of the Contact

Group .

The Minister for Foreign Affairs took stock of the situation
at their informal meeting in Santander . They were

unanimous in their support for the relaunching of
negotiations on the basis of a plan which the EU originated
by means of the Contact Group and for whose success their
negotiator, Mr Bildt, in whom they expressed their renewed
confidence, is actively involved .

During the month of August, the Presidency continually
consulted its partners . Moreover, the Union — through the
activity of the Presidency and the Commission — was in
constant consultation with the partners of the Contact
Group and increased its efforts with all the parties to the
conflict . To this end, as the Honourable Member knows, the
President of the Council, Mr Solana, and Commissioner
Van den Broek went to Zagreb, Sarajevo, Mostar and
Belgrade from 16 to 18 August 1995 . The idea of a formal
Council meeting raised by some Member States was
discussed at the Presidency 's initiative and by common
consent was not finally adopted as it was not an appropriate
response to the volatile situation on the ground . The
impression which the Honourable Member may have that
the EU was not active during the events of August or that
there was a change of policy in the course of the summer is
therefore quite unjustified .

WRITTEN QUESTION E-25 08 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 15 September 1995 )

( 96 / C 9 / 103 )

Subject : Tax discrimination

Bowing to the pressure which the Commission had exerted
for a number of years, Germany did away with the
discrimination against emigrant workers with regard to tax
relief in respect of dependent children . Consequently,
taxpayers from other Member States who work in Germany
are now entitled to the standard tax relief, whether their
children live in Germany or another Member State .
However, if the children are handicapped, the cost of their
care is still treated in the old way for tax purposes . As a
result, a father working in Germany cannot benefit from tax
relief in respect of a handicapped child living with its mother
in, say, Italy, whereas he would be able to obtain it if the
child were living with him in Germany .

The Commission has delivered a reasoned opinion pursuant
to Article 169 of t$ie EC Treaty, and I myself know of a case
similar to the one described above .

Can the Commission therefore say what stage the procedure
has reached and when the matter is likely to be finally
cleared up ?

No C 9 / 54 EN Official Journal of the European Communities 15 . 1 . 96

Answer given by Mr Monti
on behalf of the Commission

( 19 October 1995 )

As the Honourable Member points out, the Commission has
already delivered a reasoned opinion to Germany . A second
reasoned opinion will be sent in the near future .

WRITTEN QUESTION E-2520 / 95

by Kenneth Stewart ( PSE )

to the Commission

( 15 September 1995 )

( 96 / C 9 / 104 )

Subject : Merseyside Objective one

Is the Commission aware that training schemes for low paid
jobs are being funded by Merseyside Objective One, i.e. 1
million for hairdressing, and two million for hotel and
catering training .

Is the Commission aware that none of the jobs listed above
pays anything like the European Threshold for decency pay
rate of five pounds 87 p per hour . The average pay for this
work is £ 3,50 per hour .

The UK is the only State in the EU not to have minimum pay
legislation ; since the abolition . of the Wages Councils,
workers have no protection .

Will the Commission ensure that European funding does
not subsidise training for jobs that do not comply with the
Social Chapter of the Maastricht Treaty .

Answer given by Mr Flynn
on behalf of the Commission

( 27 October 1995 )

The SPD for Merseyside includes clearly articulated
selection criteria relating to both the general aims of the
European Social Fund ( ESF ) and the aims and objectives of
specific priorities and measures within the SPD . The aim of
the ESF in line with Article 123 of the EC Treaty is ' to
improve employment opportunities for working in the
internal market and to contribute thereby to raising the
standard of living '.

As for the aim of Objective 1, it consists in promoting the
development and structural adjustment of regions in which
development is lagging behind .

The Merseyside programme therefore seeks to create 49 000
jobs and aims to increase the competitiveness of companies

by raising the skills of the workforce in order to reduce the
economic gap and bring the GDP per capita closer to the

Community average . At the same time it maps out a route
away from potential exclusion from the labour market
through real employment opportunities and jobs .

The Commission is satisfied that the selection criteria

provide a sound basis for the more detailed selection criteria
to be used by the technical panels of the monitoring
committee charged with project selection .

Concerning the pay rate for trainees subsidised by the ESF,
this falls within one of the areas which remains within the

exclusive remit of every Member State according to the
agreement on social policy concluded by eleven Member
States annexed to the protocol on social policy in the Treaty
on European Union ( Article 2, Indent 6 ).

The Commission, however, takes very seriously the issue to
which the Honourable Member refers and has pressed,
through its membership of the monitoring committee, for
strategic thinking to be undertaken in order to identify and
focus ESF support on sectors which have both the potential
to safeguard and create sustainable employment and to
increase the GDP per capita in the region .

WRITTEN QUESTION E-2530 / 95

by Ben Fayot ( PSE )

to the Commission

The Single Programming Document ( SPD ) for Merseyside, ( 15 September 1995 )
which was approved by a Commission Decision of 29 July ( 96 / C 9 / 105 )

1994, includes specific arrangements for the joint devolved
management of the programme . Under these arrangements,
the SPD monitoring committee is the responsible authority .
This is in line with Article 4 of the Framework Regulation

( EEC ) No 2081 / 93, amending Regulation ( EEC )
No 2052 / 88 on the tasks of the Structural Funds and their

effectiveness, which enshrines the principle of partnership
between the Commission, the Member State and the local or
regional partnership comprising the SPD monitoring
committee .

Subject : Radio broadcasting taxes

A German citizen who lives in Luxembourg, and commutes
to Trier several times a week to work, is forced by the
German authorities to pay German radio broadcasting taxes
( Rundfunkgebiihren ) for the radio of her car, which is
registered in Luxembourg .

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 55

Can the Commission examine whether this obligation Answer given by Mrs Bonino
imposed by the German authorities complies with the rules on behalf of the Commission
on the free movement of persons in the European ( 26 October 1995 )
Union ?

The food aid being supplied for Iraqi war victims includes
rice, lentils and palm oil .

Answer given by Mr Monti
on behalf of the Commission

( 26 October 1995 )

The Commission has heard of the German authorities
demanding payment of a licence fee for a radio on a vehicle
registered in another Member State when the driver drives it
regularly to Germany .

The Commission considers a car radio should be regarded
essentially as one of its accessories . Taxation of the radio set,
therefore, has to follow the same rules as those applying to
the vehicle . Consequently the German authorities are not
entitled to demand payment of a licence in respect of that
radio when the vehicle is not registered in Germany .

The Commission is prepared to examine the papers in the
case mentioned by the Honourable Member if he would
kindly forward them to it .

WRITTEN QUESTION E-2547 / 95

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 20 September 1995 )

( 96 / C 9 / 106 )

It is bought in Jordan, but comes from different countries in
the region, including Syria and Turkey, according to the
availability of the quantities required .

The prices for the commodities are as follows :

— rice : $ 365 per tonne,

— lentils : $ 540 per tonne,

— oil : $ 1 010 per tonne .

It should be noted, however, that prices in the region are
highly volatile .

The medicines and medical materials are bought in France
from the Centrale humanitaire medicopharmaceutique .
This wholesaler specializing in supplies to non
governmental organizations buys large quantities of generic
products, and is able to offer very competitive prices . Since
there are about 100 different classes of product involved, it
is difficult to specify the price of each .

The amount for mine clearance is ECU 1 million, or 27 % of
the total allocated to Iraqi war victims .

WRITTEN QUESTION E-2549 / 95

by Tony Cunningham ( PSE )

to the Commission

Subject : Humanitarian aid for Iraqi war victims ( 20 September 1995 )
( 96 / C 9 / 107 )

According to an Agence Europe report dated 6 September

1995 the Commission is releasing ECU 3,7 million in
resettlement aid for persons displaced by the war . Priorities
will include the distribution of medicines and medical
supplies, a food programme and mine clearance .

What food is being made available ?

Where ( country or region ) and at what prices for this food
purchased / is this food being purchased ?

Where and at what prices were the medicines and medical

supplies purchased / are they being purchased ?

What proportion of the overall amount is earmarked for the
mine clearance programme ?

Subject : Commission funding arms manufacturer

Is the Commission aware that Hunting Technical Services, a
company employed by the EC Food for Work programme in

Cambodia, is part of Hunting PLC which is believed to
produce anti-personnel mines ?

Just a few months after the European Parliament
unanimously adopted a resolution urging the EU to take
measures to halt the production and sale of anti-personnel
landmines, is it true that the EU is employing manufacturers
of these deadly weapons ?

Is it within Commission recruitment norms to employ a
subsidiary of a firm, Hunting PLC, which boasts in its
promotional literature that their HB 876 mine ' also contains

No C 9 / 56 EN Official Journal of the European Communities 15 . 1 . 96

anti-countenance facilities, making it exceptionally difficult
to clear large quantities ', whilst at the same time spending
considerable sums on trying to clear such mines ?

Answer given by Mr Marin
on behalf of the Commission

( 25 October 1995 )

The financing of the Community food for work programme
in Cambodia aims to bring relief to populations affected by
the rice deficit during the 1994 / 95 season .

The normal procedure was adopted for tendering for the
type of services required ( rehabilitation of rural
infrastructures ) and the selection of Hunting Technical
Services ( HTS ) was based exclusively on sound criteria of
professionalism and the capacity to meet effectively the
responsibilities required for the implementation of the

programme .

The Commission has examined the allegations of a
connection between HTS and the production of
anti-personnel mines and finds no evidence to support them .
While HTS is indeed a subsidiary of Hunting Pic, it operates
independently and has no operational links with another
Hunting subsidiary, Hunting Engineering Ltd . A separate
document on HB 876 is sent direct to the Honourable

Member and to the Parliament 's Secretariat .

Under the present circumstances, it has been made virtually
impossible for the Commission to fulfil immediately its
obligations to implement the food for work programme
which inter alia may require the collaboration of non
governmental organizations in a number of project areas .

In the meantime, HTS has withdrawn from providing its
services in the region . It is therefore necessary to find a new
solution compatible with the Community procedures as
soon as possible in order to not to aggravate an already
difficult situation created by the food shortages .

WRITTEN QUESTION E-2562 / 95

by Richard Howitt ( PSE )

to the Commission

( 22 September 1995 )

from nuclear warheads near a rare bird reserve in

Shoeburyness, Essex ?

This is an area of Special Scientific Interest and the resulting
pollution could endanger the local cockle fishing
industry .

The MOD has apparently offered the facility to other
European governments .

Is there any action the Commission can take to prevent this
abuse of the environment in Shoeburyness ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 18 October 1995 )

The Commission is not aware that the United Kingdom
Ministry of Defence plans to burn ammunition, chemical
weapons and material from nuclear warheads near a rare
bird reserve in Shoeburyness, Essex .

The name of the bird reserve in question is not given .
However, an area called Benfleet and Southend Marshes,
which is located near Shoeburyness, has been classified as a
special protection area ( SPA ) pursuant to Article 4 of
Council Directive 79 / 409 / EEC ( ] ) on the conservation of
wild birds .

The protection regime for SPAs is now defined in Article
6 ( 2 ), ( 3 ) and ( 4 ) of Council Directive 92 / 43 / EEC ( 2 ) on the
conservation of natural habitats and of wild fauna and flora .

This provides a clear procedure for evaluating any plan or
project not connected with the management of the site but
which may significantly affect its conservation status, as
well as defining the conditions under which such activities
can take place . The Commission has no reason to believe
that the United Kingdom authorities will not take the
necessary steps in accordance with this Article .

(M OJ No L 103, 25 . 4 . 1979 .

( 2 ) OJ No L 206, 22 . 7 . 1992 .

WRITTEN QUESTION E-25 68 / 95

by Glyn Ford ( PSE )

to the Commission

( 22 September 1995 )

96 / C 9 / 108 ) ( 96 / C 9 / 109 )

Subject : Burning of ammunition near rare bird reserves

Is the Commission aware of the UK Ministry of Defence 's
plans to burn ammunition, chemical weapons and material

Subject : Harmonization of safety specifications for road

haulage vehicles

Current safety standards for road haulage vehicles vary
markedly from one EU country to another, meaning that

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 57

similar vehicles have sharply different prices in different
countries because of this . The vehicles from countries with

lower standards are then able to freely travel and work
elsewhere in the Union, creating problems of unfair
competition and safety hazards .

What steps will the Commission take to deal with this
problem in the short and medium term ?

Answer given by Mr Kirinock

on behalf of the Commission

WRITTEN QUESTION E-25 75 / 95

by Mary Banotti ( PPE )

to the Commission

( 22 September 1995 )

( 96 / C 9 / 110 )

Subject : Cigarette smuggling

What is the current status of the Task Force set up to deal
with cigarette smuggling within the Community ?

Which DG is leading on this issue and, so far, has it any

( 26 October 1995 )
details of the extent of the problem ?

The Commission has no evidence to substantiate the view

that commercial vehicles are constructed to markedly
different safety standards across the Community .

National regulations governing the construction of vehicles
have converged over the years to the extent that Member
States have included either the United Nations ' Economic

Commission for Europe ( UNECE ) regulations governing all
major safety features of the truck ( brakes, lights etc .) or have
adopted the relevant Community Directives . Until there is
European whole vehicle type approval for commercial
vehicles, as there is for passenger cars, it will be possible for
Member States to carry national standards alongside the
Community Directives or UNECE regulations . However, it
should be pointed out that there are relatively few instances
today where those national regulations are substantially
different from the Community Directives and
Regulations .

Concerning the standards of trucks in use, there are
Directives that govern the acceptable maintenance
condition of vehicles with regard to their annual test .
In broad terms, Directive 77 / 143 / EEC (*) requires that
commercial vehicles must be tested and inspected every year
and lists the components and systems that must be
inspected . This Directive has recently been expanded to state
the way in which the vehicle brakes are to be inspected and
what the acceptable minimum pass criterion must be .

All Member States are in the process of adapting their testing
regime to accommodate these measures if they have not
done so already .

The international transport of dangerous goods is governed
by the UNECE ADR ( European agreement concerning the
international carriage of dangerous goods by roads )
regulations and, following the adoption of Directive
94 / 55 / EEC ( 2 ), those standards will apply within the
Community to national as well as international journeys .

(') OJ No L 47, 18 . 2 . 1977 .

( 2 ) OJISIo L 319, 12 . 12 . 1994 .

Answer given by Mrs Gradin
on behalf of the Commission

( 11 October 1995 )

The task force dealing with trans-national and international
aspects of cigarette smuggling affecting the Community is
directed by the Commission 's anti-fraud unit ( UCLAF )
situated within the general secretariat . This task force has
been operational since the end of 1994 and operates under
the general provisions on mutual assistance .

In its communication on ' fraud in the transit procedure,
solutions foreseen and perspectives for the future ' ( 1 ), the
Commission emphasized that fraud had increased
considerably in the tobacco sector . The problem of cigarette
smuggling is extremely serious, with complex frauds leading
to estimated losses to Community and Member States
resources in excess of several hundred million ECU

annually . In this respect, a major aim of the task force is to
improve the flow of information and develop a global
strategy at the operational level, in place of the sometimes
compartmentalized approach which has prevailed up to the

present .

0 ) COM(95 ) 108 .

WRITTEN QUESTION E-2581 / 95

by James Moorhouse ( PPE )

to the Commission

( 27 September 1995 )

( 96 / C 9 / 111 )

Subject : EU projects in the Amdo and Nying Tri regions of

Tibet

Can the Commission explain what sort of projects will be
implemented in Tibet in the regions of Amdo and Nying
Tri ?

No C 9 / 5 8 EN Official Journal of the European Communities 15 . 1 . 96

Will the Commission be contributing towards the funding
of these projects ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 26 October 1995 )

The Commission already participates in the financing of two
projects in the region sometimes referred to as Amdo . Both
projects are in the early stage of implementation .

One project concerns the improvement of livestock
production ( yak and sheep ) and is centered on the needs of
indigenous Tibetan herdsmen . It also addresses the problem
of soil degradation and erosion which can be a problem on
the mountainous uplands of Tibet . The other project
concerns potatoes and aims at improving husbandry
practices and combating diseases which reduce yields to an
inacceptably low level .

In Nyingchi County in Eastern Tibet, the Commission
carried out a pre-feasibility study in 1994 concerning the
conservation and management of forest resources . No
decision has yet been made whether to proceed with a
feasibility study .

restrictions on the use of cable television networks for the
provision of telecommunications services (*) calls for the
removal of restrictions on the supply of already liberalized
telecommunications services through cable television
networks . The Commission considers that the maintenance

of such restrictions is contrary to Community law because
they impede freedom to supply services and the provision
of new telecommunications services requiring a high
transmission rate . The fact that these networks are less

developed in some Member States than in others is unlikely
to affect the incompatibility of such restrictions with
Community law .

The Commission might consider transitional periods for the
abolition of these restrictions if immediate abolition would

undermine the telecommunications organizations ' task of
serving the general economic interest . Given, however, that
such abolition is expected to have little impact on the
income of those organizations, even in Member States where
cable networks are highly developed, the Commission
doubts that such justification exists .

(!) OJ No C 76, 28 . 3 . 1995 .

WRITTEN QUESTION E-26 18 / 95

by Amedeo Amadeo ( NI )

to the Commission

WRITTEN QUESTION E-2617 / 95
(2 October 1995 )

by Amedeo Amadeo ( NI )

( 96 / C 9 / 113 )
to the Commission

(2 October 1995 )

Subject : Cable television networks
( 96 / C 9 / 112 )

Subject : Cable television networks

Having regard to the draft Commission Directive amending
Commission Directive 90 / 388 / EEC C ) regarding the
abolition of the restrictions on the use of cable television

networks for the provision of telecommunications services

( C4 - 120 / 95 ); in view of the differences in the level of
development of cable television distribution networks and
in view of the impact which application of this draft
Directive would have on each Member State, does the
Commission not consider it premature to bring the Directive
into force peremptorily on 1 January 19 96, and would it not
in fact be more realistic to leave each Member State free to

choose whether or not to apply it at least until 1 January

1997 ?

t 1 ) OJ No L 192, 24 . 7 . 1990, p . 10 .

Answer given by Mr Van Miert

on behalf of the Commission

Directive 90 / 388 / EEC (*) opened up to competition
telecommunications services other than services specifically
excluded from application ( telex services, mobile
radio-telephones and public radio and television
broadcasts ).

While this approach to the development of new
telecommunications services is to be welcomed, does the
Commission not consider it essential first of all to define a

regulatory framework ? If not, does it not at least consider
that, before any liberalization of cable television
infrastructure, it is necessary to resolve the question of
funding, i.e. to establish clearly which of the providers of
services must subscribe to the funding of the universal
service ?

f 1 ) OJ No L 192, 24 . 7 . 1990, p . 10 .

Answer given by Mr Van Miert

on behalf of the Commission

( 24 October 1995 ) ( 24 October 1995 )

The draft Commission Directive amending Commission
Directive 90 / 388 / EEC regarding the abolition of the

Under Directive 90 / 388 / EEC, Member States may continue
to reserve for their telecommunications organizations the

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 59

supply of the voice-telephony service to the public . This
service accounts for more than 80 % of the income of those

organizations and is therefore sufficient to enable them to
meet their universal service obligations .

With regard to the liberalized services, the Directive
authorizes Member States to introduce, if they consider it
necessary, an appropriate regulatory framework for
ensuring that the essential requirements applicable to
telecommunications are met .

The draft Commission Directive amending Commission
Directive 90 / 388 / EEC regarding the abolition of the
restrictions on the use of cable television networks for the
provision of telecommunications services ( ! ) covers only the
provision of already liberalized services, for which a
regulatory framework has already been established or is in
the process of being adopted by the Member States .

As the draft Directive does not call into question the
maintenance of the monopoly on the provision of the
voice-telephony service, the Commission considers that its
adoption is not linked to the question of financing the
universal service, and particularly to that of specifying
which service-providers will have to contribute to any fund
for financing the universal service . This question will arise
only with the abolition of exclusive rights to the provision of
the voice-telephony service on 1 January 1998 or at a later
date in the case of those Member States which may be
granted an additional transitional period .

(') OJ No C 76, 28 . 3 . 1995 .

WRITTEN QUESTION E-2637 / 95

by Inigo Méndez de Vigo ( PPE )

to the Commission

(2 October 1995 )

( 96 / C 9 / 114 )

Subject : VAT on books

Various rate of VAT are charged on books sold in the
Member States . Some countries apply a reduced rate, some a '
normal rate and others a zero rate .

Does the Commission intend to introduce legislation to
harmonize this diversity in the taxation of books ?

Answer given by Mr Monti
on behalf of the Commission

( 26 October 1995 )

which are listed in Annex H of the sixth Directive

( 77 / 388 / EEC ) ( 1 ). Moreover, certain Member States may
maintain rates lower than 5 % ( including zero-rates ) to
supplies of books for the duration of the transitional regime
of taxation of intra-Community supplies, provided such
rates were legally in force on 1 January 1991 . These rates fall
in the scope of the current work on the definitive
arrangements for the common system of VAT . In this
framework the Commission is looking at the necessary
degree of harmonization of tax rates and will certainly
address the question of a single tax rate on books .

(') OJ No L 145, 13 . 6 . 1977 .

WRITTEN QUESTION E-2640 / 95

by Alain Pompidou ( UPE )

to the Commission

(2 October 1995 )

( 96 / C 9 / 115 )

Subject : Cosmetic products and animal testing

Can the Commission confirm that its annual report on
animal testing — which accompanies the implementation of
Directive 93 / 35 / EEC ( l ) on cosmetic products, and which
merely lumps together the results notified by each Member
State — has been compiled using the same statistical
methods ?

The results attributed to the cosmetic and chemical

industries in certain countries are in fact questionable . In
some countries hardly any tests on animals have been
declared in the cosmetic industry, whereas in others a large
number of tests have been declared in the cosmetic sector

and very few in the chemical sector .

Can the Commission explain how a test on a raw material
required by the Directives on chemical substances and
preparations is recorded, when the same substance is also
used in the cosmetic industry ?

With regard to major exporting countries, is it taken into
consideration that these tests are carried out on the basis of

the requirements of the rules of the exporting country ( USA
and Japan for example ), and how is account taken of tests
carried out in the case of products imported into the
European Union from these third countries ?

Is the Commission in a position to answer these questions
before taking any decision on the prohibition of animal
testing on raw materials used in the cosmetic industry ?

Under Community VAT law, the optional application of a
reduced rate of at least 5 % is possible for those products 0 ) OJ No L 151, 23 . 6 . 1993, p . 32 .

No C 9 / 60 EN Official Journal of the European Communities 15 . 1 . 96

Answer given by Mrs Bonino

on behalf of the Commission

Answer given by Mr Flynn
on behalf of the Commission

( 15 November 1995 ) (9 November 1995 )

The statistics used for the first annual report on the
development, validation and legal acceptance of alternative
methods to animal experiments in the cosmetics sector,
presented by the Commission in December 1994 ( ] ), were
compiled broadly along the same lines as the data contained
in the first report on the number of animals used for
experimental or other scientific purposes, drawn up by the
Commission in May 1994 pursuant to Directive
86 / 609 / EEC ( 2 ).

The Commission is aware that few statistics are currently
available .

The Commission has, on several occasions, drawn the
attention of the national authorities, under Directive
86 / 609 / EEC, to the statistical requirements pertaining
specifically to the cosmetics sector in accordance with
Council Directive 93 / 35 / EEC amending for the sixth time
Directive 76 / 76 8 / EEC on the approximation of the laws of
the Member States relating to cosmetic products .

Moreover, in a letter sent to the Member States on 18 July

1995, the Commission gave details of the additional data
needed for the cosmetics sector with a view to compiling
accurate statistics on a standardized basis for use in

connection with both annual reports and proposals which
the Commission will be required to make in respect of any
postponement of the data set for banning tests on animals in
the cosmetics sector .

Spain has not yet communicated any measures
implementing Directive 90 / 394 / EEC . An infringement
procedure has been instituted under Article 169 of the EC
Treaty .

WRITTEN QUESTION E-2776 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 12 October 1995 )

( 96 / C 9 / 117

Subject : Active involvement of older people in society

In view of the ' ageing ' of the European population and the
huge potential of the active retired population, what
measures is the Commission taking within the European
Union to promote the involvement in society of older people
and develop the human resources they represent ?

Answer given by Mr Flynn
(') Doc . COM(94 ) 606 final, 15 . 12 . 1994 . on behalf of the Commission

( 2 ) OJ No L 358, 18 . 12 . 1986 .
( 17 November 1995 )

Under the Community actions for older people

WRITTEN QUESTION E-2691 / 95

by José Valverde Lopez ( PPE )

to the Commission

(4 October 1995 )

( 96 / C 9 / 116 )

Subject : Incorporation into Spanish law of the Directive on

the protection of workers from the risks relating to
exposure to carcinogens at work

Could the Commission say whether or not the Spanish
Government has complied with Directive 90 / 394 / EEC ( J )
concerning the protection of workers from the risks relating
to exposure to carcinogens at work ?

(') OJ No L 196, 26 . 7 . 1990, p . 1 .

( 1991 — 1993 ), the Commission supported a wide range of
initiatives aiming at strengthening the participation of older
people in society . Throughout 1994 and 1995 the
Commission has been able to give continued support to a
number of similar actions .

A proposal for a Council Decision on Community support
for actions in favour of older people was presented by the
Commission on 1 March 1995 ( x ). Under this proposal,
priority will be given to support of actions which aim at
developing the role and contribution of older people to
economic and social life .

The resolution of the Council and of the representatives of
the governments of the Member States meeting within the
Council of 29 June 1995 on the employment of older
workers ( 2 ) calls on the Commission to organize, in liaison
with the Member States, an exchange of information,
experience and good practice concerning the employment of
older workers, on the basis of existing Community

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 61

programmes . In this context, the Commission is now
developing a strategy to achieve better employment and
training opportunities for older workers .

WRITTEN QUESTION P-2787 / 95

by Alex Smith ( PSE )

to the Commission

(5 October 1995 )
(') COM(95 ) 53 .

96 / C 9 / 120
( 2 ) OJ No C 228, 2 . 9 . 1995 .

WRITTEN QUESTION P-2785 / 95

by Glenys Kinnock ( PSE )

to the Commission

(5 October 1 995 )

Subject : Format for ACP requests to use products
originating in neighbouring non-ACP developing
countries under Article 6.5 Protocol 1

Lome IV bis

Can the Commission provide an outline of how ACP
requests to use products originating in a neighbouring
non-ACP developing country should be drawn up and
whether such request should be drawn up on :

( 96 / C 9 / 118 ) 1 . a consignment-by-consignment basis ;

2 . a product-by-product basis ;

Subject : ' Ad hoc ' stipulations on ACP requests to use

products originating in neighbouring non-ACP
developing countries under Article 6.5 Protocol 1
Lome IV bis

3 . a sector-by-sector basis ;

4 . across the board, covering all conceivable
possibilities ;

Can the Commission indicate how the ' ad hoc ' stipulation
included in the provisions of the new Article 6.5 under 5 . across the board, covering all likely possibilities based
Protocol 1 of the revised Lome IV, apparently with reference on current production patterns ?
solely to South Africa, will operate in practice and the
implications this will have on the economic operators who
will be producing and trading within the confines of these
provisions ? Joint answer to Written Questions

P-2785 / 95 to P-2787 / 95

given by Mr Pinheiro
on behalf of the Commission

(6 November 1995 )
WRITTEN QUESTION P-2786 / 95

by David Morris ( PSE )

to the Commission

(5 October 1995 )

( 96 / C 9 / 119 )

Subject : Administrative arrangements for ACP requests to

use products originating in neighbouring non-ACP
developing countries under Article 6.5 Protocol 1
Lome IV bis

With regard to the administrative arrangements for the
submission of ACP requests to use products originating in a
neighbouring non-ACP developing country ( Protocol 1
Article 6.5 ), is a standard request form or standardized
guidelines being drawn up by the Commission, on the basis
of which the ACP States should submit their requests ? What
type and level of detail is required ? Who in the Commission
is responsible for drawing up such a form or guidelines and
when will such request forms or guidelines be made
available to ACP countries ?

The new Article 6 ( 5 ) of Protocol 1 to the Lome Convention
agreed in the Lome IV mid-term review specifies the criteria
for implementing the cumulation procedure with
non-African, Caribbean and Pacific ( ACP ) developing
countries and South Africa, e.g. the exclusion of certain
products and the principle that such requests should be
submitted by the ACP group of States . The Commission
would be pleased to clarify any practical questions in this
field which might arise . However it does not consider it
necessary that requests be submitted in a particular form or
that formal guidelines be adopted .

Once agreed and subject to the specific exclusions and
provisions of Article 6 ( 5 ), in principle the procedure with
non-ACP countries could operate like the normal procedure
which has applied for many years between all ACP and

Community Member States .

The Commission interprets the reference to an ad hoc basis
for the application of the cumulation procedure to South
Africa as relating first of all to the specific nature of the

No C 9 / 62 EN Official Journal of the European Communities 15 . 1 . 96

economic structure of this country, which diverges in certain
sectors from that typical of other developing countries
which might benefit from the same provision .

Furthermore, if the ACP countries make use of the new
procedure for South Africa, it will be necessary to ensure
consistency between the provisions of the Convention and
those of the agreement which is presently being negotiated
with this country . The practical details of the cumulation
procedure will then be defined as soon as these negotiations
are sufficiently advanced .

WRITTEN QUESTION P-2828 / 95

by Giacomo Santini ( UPE )

to the Commission

( 11 October 1995 )

( 96 / C 9 / 121 )

Subject : Application of Article 161 ( 5 ) of Regulation ( EEC )

No 2913 / 92 establishing the Community Customs
Code

The application of Article 161 ( 5 ) of Regulation ( EEC )
No 2913 / 92 (*) in Italy has caused severe problems for road
hauliers, shipping agents, and customs and port officials,
who have condemned the severe damage to the economy
and to jobs as a result of the requirement that they deal
solely with export goods produced locally .

The operational capacity of technologically advanced
infrastructures, already drastically scaled down in 1992 and

1 994 as a result of the application of the new EEC legislation
on import / export trade, and then curtailed following the
accession of the new EU Member States, is now reduced to
virtually nothing .

There is provision for derogations at national level but only
on a partial and provisional basis .

Will the Commission amend the Community legislation so
as to allow the de facto liberalization of the control of goods
in places not strictly associated with their production or
origin ?

(!) OJ No L 302, 19 . 10 . 1992, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

( 13 November 1995 )

Article 161 ( 5 ) of Regulation ( EEC ) No 2913 / 92,
establishing the Community Customs Code, stipulates that
' the export declaration must be lodged at the customs office
responsible for supervising the place where the exporter is
established or where the goods are packed or loaded for
export shipment '.

The wording is the result of a Parliament amendment and
was unanimously adopted by the Council .

In the Commission 's view, this rule ensures that customs
inspection procedures run smoothly and meets the natural
desire of exporters to make as much use as they can of
simplified procedures, particularly local clearance . The
advantages of such procedures for exporters are the lower
cost of formalities and so greater competitiveness on outside
markets . In a single market, all Community exporters
should be able to enjoy these benefits on an equal
footing .

The Honourable Member 's suggested amendment could
curb these benefits significantly .

WRITTEN QUESTION E-2845 / 95

by Cristiana Muscardini ( NI )

to the Commission

( 18 October 1995 )

( 96 / C 9 / 122 )

Subject : Animal fighting

In reply to my Written Question No 2995 / 92 ( ) on dog
fights, the Commission said it was aware of reports that this
barbaric treatment of animals occurs in several Member

States, but was unable to introduce rules in this area .

The organization of dog fights, which has reached alarming
proportions, is being progressively infiltrated by criminal
elements, involving the increasing use of drugs, the stealing
of animals and clandestine betting, with the result that it has
become a form of organized crime .

Since recognition of animal rights is essential for
co-existence in the world, and in view of the Community
rules already adopted on animal welfare as part of
environmental and agricultural policy :

The measures referred to by the Honourable Member on the 1 . Will the Commission urge the Member States to use
place for completing export formalities have been in force every means at their disposal to prevent the organization
since 1 January 1993 . of animal fighting ?

15 . 1 . 96 EN Official Journal of the European Communities No C 9 / 63

2 . Will the Commission introduce animal welfare rules

similar to those drawn up as part of Community
agricultural and environmental policy, including rules
prohibiting the use of animals for fighting ?

(!) OJ No C 86, 26 . 3 . 1993, p . 39 .

Answer given by Mr Fischler
on behalf of the Commission

3 . and 4 . The Commission and Council are now

discussing the best way to approach the Rangoon regime
with a view to frank talks on the establishment of

democratic rule and respect for human rights .

( 23 November 1995 ) WRITTEN QUESTION E-2979 / 95

by Claudia Roth ( V )

The Commission would refer the Honourable Member to its

answer to her Written Question E-2995 / 92 .

WRITTEN QUESTION E-2846 / 95

by Johanna Maij-Weggen ( PPE )

to the Commission

( 18 October 1995 )

( 96 / C 9 / 123 )

Subject : Prison camps in Myanmar

1 . Is the Commission aware of the report by Amnesty
International on the abdominable conditions under which

prisoners are being used as forced labour for public works in
Myanmar ?

2 . If so, does the Commission know whether it is true
that this includes many political prisoners and that a very
large number of prisoners in the labour camps are dying as a
result of hardship and / or ill treatment ?

3 . Will the Commission call on the Myanmar authorities
to give the International Red Cross access to prisons and
labour camps ?

4 . Will the Commission make representations to the
Myanmar Government with a view to securing better
treatment for prisoners and respect for human rights ?

to the Commission

(9 November 1995 )

( 96 / C 9 / 124

Subject : Equal rights for homosexuals and lesbians

On 8 February 1994 Parliament adopted a report on equal
rights for homosexuals and lesbians in the EC

( A3-28 / 94 ) ( ! ). Can the Commission say what measures it
has taken or will take to implement the recommendations
set out in the report, more especially in paragraphs 13 and

14, which call for a Directive to be drawn up to prohibit
discrimination ?

Will the Commission, in addition, take the steps required to
amend the Staff Regulations of officials with a view to
ensuring that de facto or homosexual couples are treated in
the same way as married couples, for instance where the
calculation of household allowances, survivors ' pensions,
and so forth is concerned ?

Furthermore, will it take action on and publish the report
entitled ' Homosexuality : A Community Issue ', compiled for
the Commission in 1992 ?

(!) OJ No C 61, 28 . 2 . 1994, p . 40 .

Answer given by Mr Van den Broek

on behalf of the Commission

(1 December 1995 )
Answer given by Mr Marin
on behalf of the Commission

( 16 November 1995 ) The Honourable Member is referred to the Commission 's

answers to Written Questions E-23 54 / 95 ( J ) and

1 . The Commission is aware of, and concerned by, the P-2968 / 95 ( 2 ).
Amnesty International report .

2 . On a number of occasions, the Commission has taken
an active role in drafting UN resolutions calling, among
other things, for the release of political prisoners in
Burma .

(') OJ No C 326, 6 . 12 . 1995, p . 40 .
( 2 ) OJ No C 340, 18 . 12 . 1995, p . 54 .

No C 9 / 64 EN Official Journal of the European Communities 15 . 1 . 96

WRITTEN QUESTION E-3011 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 13 November 1995 )

( 96 / C 9 / 125 )

Subject : General practitioners

In Italy, discussions are now taking place in all quarters
regarding the radical steps to be taken and the changes to be
made to the law at both national and regional level in order
to put an end to poor health standards and open a new
chapter in relations between individuals and the State health
service . One figure considered to be particularly important
in this respect is that of the general practitioner .

The idea, in other words, is that the family doctor should
once again and in every way become the linchpin of local
medical care .

The European Community has also reached the same
conclusion, as evidenced by Directives 93 / 16 / EEC ( J ) and
86 / 457 / EEC ( 2 ) on specific training in general medical
practice, which sought to lay down Community-wide rules
aimed at placing all family doctors in the Union on an equal
footing where basic and further training was concerned .

After the Directives had been transposed in Italy, a two-year
course was held . This was attended by numerous graduates

who knew that they would have to hold the certificate
awarded on completion of the course in order to be able to
practise general medicine under the national health

system .

A decree issued in December 1994 stated that the full

complement of certificate-holders was no longer needed .

Will the Commission impress firmly upon the Italian
Government that it must revoke the abovementioned decree

of 15 December 1994 so as to ensure that EEC rules can take

effect and provide the increasingly more necessary, and
indeed indispensable, grounding of specialist expertise ?

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

( 2 ) OJ No L 267, 19 . 9 . 1986, p . 26 .

Answer given by Mr Monti
on behalf of the Commission

( 29 November 1995 )

The Commission would refer the Honourable Member to its
answer to Written Question E-l 142 / 95 by Mr Secchi ( 1 ).

(') OJ No C 270, 16 . 10 . 1995 .