Source: EURLEX
Language: en
Format: md

# Official Journal

## of the European Communities

### English edition Information and Notices

ISSN 0378-6986

## C28

Volume 34

4 February 1991

Notice N o

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Contents Page

I _Information_

European Parliament

_Written Questions with_ _answer_

N o 1091 /8 8 by M r Thomas Megahy to the Commission

Subject: Manufacture of dangerous products for export (Supplementary answer) 1

N o 689/89 by Mrs Jessica Larive to the Commission

Subject: Imports of baby sealskins into the Community 1

N o 755/89 by M r Dieter Rogalla to the Commission

Subject: Closer relations between nations — postal services 2

N o 867/89 by M r Jaak Vandemeulebroucke to the Commission

Subject: Safeguarding freedom of competition in air transport between the Community and

West Africa 3

N o 1043/89 by M r James Ford to the Commission

Subject: Harmonization of regulations relating to licensing of taxicabs 3

N o 198/90 by M r James Ford to the Commission

Subject: Funding for S.4.2.2 of the Information Package for JOULE 1989-2 3

N o 217/90 by M r James Ford to the Commission

Subject: Business classification of horse-riding centres 4

N o 227/90 by M r Gerard Monnier-Besombes and Mrs Claire Joanny to the

Commission

Subject: Community funding of the Bez dam (commune of Saint-Roman, Drome, France) . . . . 4

N o 243/90 by M r Neil Blaney to the Commission

Subject: Prospects for renewable energy 4

N o 294/90 by M r Maxime Verhagen to the Commission

Subject: Implementation of EC directives 6

(Continued overleaf)

Notice N o Contents (continued)

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91/C28/12

9 1 / C 2 8 / 1 3

9 1 / C 2 8 / 1 4

9 1 / C 2 8 / 1 5

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9 1 / C 2 8 / 1 7

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9 1 / C 2 8 / 1 9

9 1 / C 2 8 / 2 0

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N o 427/90 by M r H e m m o Muntingh to the Commission

Subject: Use of CFCs and halons aboard ships 6

N o 464/90 by M r Andrea Raggio and Mrs Anna Catasta to the Commission

Subject: Failure of the Luxembourg Government to implement legislation on trade associations 7

N o 557/90 by M r H u g h M c M a h o n to the Commission

Subject: Unavailability of documents 7

N o 695/90 by M r Miguel Arias Cafiete to the Commission

Subject: Application of the EEC-Morocco Fisheries Agreement 8

N o 786/90 by M r Richard Simmonds to the Commission

Subject: Marine exhaust emissions 8

N o 787/90 by Mrs Ria Oomen-Ruitjen to the Commission

Subject: European rules in connection with the effects of lignite mining in the Federal Republic
of Germany on the level of ground water in the Netherlands and Germany 9

N o 816/90 by M r Bryan Cassidy to the Commission

Subject: Group assurance schemes for Community officials 9

N o 852/90 by M r Gerardo Fernandez-Albor to the Commission

Subject: Telephones in rural areas 10

N o 872/90 by Mrs Jessica Larive to the Commission

Subject: Import ban on baby sealskins 10

N o 897/90 by M r Jaak Vandemeulebroucke to the Commission

Subject: Free movement of goods and services and free competition on the Community market
in periodicals 11

N o 937/90 by Mrs Ursula Schleicher to the Commission

Subject: Limit values for microwave radiation 11

N o 939/90 by M r Carlos Carvalhos to the Commission

Subject: Cork-oak and the FOREST programme 12

N o 997/90 by Mrs Anna Hermans to the Commission

Subject: Interpretation of Article 8 of the Directive on the coordination of certain provisions
laid down by law, regulation or administrative action in Member States concerning the pursuit
of television broadcasting activities 13

N o 1004/90 by M r William Newton Dunn to the Commission

Subject: Possible decline of mussel fisheries 13

N o 1007/90 by Mrs Guadalupe Ruiz-Gimenez Aguilar to the Commission

Subject: The role of women in development 13

N o 1034/90 by M r Jose Vazquez Fouz to the Commission

Subject: Markets policy in the fishery sector 13

N o 1035/90 by M r Jose Vazquez Fouz to the Commission

Subject: Markets policy in the fishery sector 14

N o 1036/90 by M r Jose Vazquez Fouz to the Commission

Subject: Markets policy in the fishery sector 14

Notice N o Contents (continued)

9 1 / C 28/29 N o 1047/90 by M r Alonso Puerta to the Commission

Subject: The construction of the 'Las Omanas' dam 15

9 1 / C 28/30 N o 1187/90 by M r Stephen Hughes to the Commission

Subject: Energy and the environment 15

9 1 / C 28/31 N o 1206/90 by Mrs Maartje van Putten to the Commission

Subject: Human rights violations on the Mexican/US border 15

9 1 / C 28/32 N o 1237/90 by Sir James Scott-Hopkins to the Commission

Subject: Aid to the Italian steel sector 16

9 1 / C 28/33 N o 1257/90 by M r Dieter Rogalla to the Commission

Subject: Preparation for the internal market — economic support 16

9 1 / C 2 8 / 3 4 N o 1260/90 by M r Jaak Vandemeulebroucke to the Commission

Subject: Asset valuation of trade marks in the European Community 17

9 1 / C 28/35 N o 1290/90 by M r Carlos Carvalhas to the Commission

Subject: A separate budget heading for the restructuring and modernization of the Portuguese
textile industry 17

9 1 / C 28/36 N o 1311/90 by Mrs Raymonde Dury to the Commission

Subject: Training drivers of heavy goods vehicles in less polluting driving techniques 18

9 1 / C 28/37 N o 1320/90 by M r BarthoPronk to the Commission

Subject: Pollution of the Westerschelde 18

9 1 / C 28/38 N o 1383/90 by M r Alex Smith to the Commission

Subject: Transport requirements for spent nuclear fuel 19

9 1 / C 28/39 N o 1395/90 by M r Neil Blaney to the Commission

Subject: Renewable energy forecasts 20

9 1 / C 28/40 N o 1417/90 by M r Michael Welsh to the Commission

Subject: Threat to the Alaskan Walrus 20

9 1 / C 28/41 N o 1490/90 by Mrs Anita Pollack to the Commission

Subject: Walrus hunting for the ivory trade 20

Joint answer to Written Questions Nos 1417/90 and 1490/90 20

9 1 / C 28/42 N o 1445/90 by M r Llewellyn Smith to the Commission

Subject: Alternative energy sources 21

9 1 / C 28/43 N o 1495/90 by M r George Stevenson to the Commission

Subject: Whitecoat seal pups 21

9 1 / C 28/44 N o 1499/90 by M r Patrick Cooney to the Commission

Subject: Killing of migratory birds 21

91 / C 28/45 N o 1527/90 by M r Francis Wurtz to the Commission

Subject: ACP debt 22

(Continued overleaf)

Notice N o Contents (continued) Page

9 1 / C 28/46 N o 1547/90 by M r Francesco Speroni to the Commission

Subject: Adaptation of Italian law to Community provisions 22

9 1 / C 28/47 N o 1577/90 by M r Neil Blaney to the Commission

Subject: Wave power 23

9 1 / C 28/48 N o 1578/90 by M r Ernest Glinne to the Commission

Subject: Safety of different car models 23

9 1 / C 28/49 N o 1597/90 by M r Maxime Verhagen to the Commission

Subject: Situation in Ethiopia 24

9 1 / C 28/50 N o 1607/90 by M r Giuseppe Mottola to the Commission

Subject: Decision 88/318/EEC on the incompatibility with Article 92 of the EEC Treaty of
relief for the Abruzzo region granted under Law 64/1986 relating to the Mezzogiorno 25

9 1 / C 28/51 N o 1620/90 by M r Ernest Glinne to the Commission

Subject: Trends in the taxation of natural persons, indirect taxation and social security
contributions in the Community Member States 26

9 1 / C 28/52 N o 1621/90 by M r Ernest Glinne to the Commission

Subject: Developments in company taxation 26

Joint answer to Written Questions Nos 1620/90 and 1621/90 27

9 1 / C 28/53 N o 1628/90 by M r Alman Metten to the Commission

Subject: Domestic refuse by-law regulation in the town of Mechelen 27

9 1 / C 28/54 N o 1630/90 by M r Carlos Perreau De Pinninck Domenech and M r Jose

Ruiz-Mateos Jimenez De Tejada to the Commission

Subject: Removal of natural obstacles to overland transport in Spain 28

9 1 / C 28/55 N o 1655/90 by M r Siegbert Albert to the Commission

Subject: Construction of French high-speed rail connection (TGV) through Provence from
Avignon to Frejus 28

9 1 / C 28/56 N o 1691/90 by M r Ferrucio Pisoni and M r Joachim Dalsass to the Commission

Subject: Advisability of speeding up Austrian accession to the European Community 29

9 1 / C 28/57 N o 1707/90 by M r Madron Seligman to the Commission

Subject: Protection of walruses 29

9 1 / C 28/58 N o 1744/90 by M r Lyndon Harrison to the Commission

Subject: Transposition into national law of Directive 85/337/EEC on the assessment of the
effects of-certain public and private projects on the environment 30

9 1 / C 28/59 N o 1747/90 by M r Chiabrando, M r Borgo, M r Contu, M r Gaibisso, M r Mottola,

M r F. Pisoni and M r N. Pisoni to the Commission

Subject: Excise duties on alcoholic beverages 30

9 1 / C 28/60 N o 1753/90 by M r Manfred Vohrer to the Commission

Subject: Safety standards of agricultural vehicles 31

9 1 / C 28/61 N o 1782/90 by M r Thomas Maher to the Commission

Subject: Importation and distribution of poteen in the Republic of Ireland 31

Notice N o Contents (continued)

9 1 / C 2 8 / 6 2 N o 1787/90 by M r Florus Wijsenbeek to the Commission

Subject: VAT on receipts generated by amusement parks 32

9 1 / C 2 8 / 6 3 N o 1 8 0 2 / 9 0 b y M r Alexander Langer to the Commission

Subject: Insufficient consultation of the representatives of health practitioners and patients in
the field of homeopathic and anthroposophical medicine 32

9 1 / C 2 8 / 6 4 N o 1804/90 by M r Michael Welsh to the Commission

Subject: Problems encountered by British holidaymakers in Tenerife 33

9 1 / C 28/65 N o 1805/90 by M r Pedro Pacheco Herrera to the Commission

Subject: The Donana National Park (Andalusia) 33

9 1 / C 28/66 N o 1832/90by M r j o s e Valverde Lopez to the Commission

Subject: Failure by Belgium and Luxembourg to comply with Directive 85/584/EEC on the
right of establishment in the field of pharmacy 34

9 1 / C 28/67 N o 1841/90 by M r Jean-Pierre Raff arin to the Commission

Subject: Hunting of migrant birds 34

9 1 / C 28/68 N o 1860/90 by M r Proinsias de Rossa to the Commission

Subject: Petition No 398/89 35

9 1 / C 28/69 N o 1878/90 by M r Ernest Glinne to the Commission

Subject: Safety of nuclear power stations in Central and Eastern Europe 35

91 / C 28/70 N o 1890/90 by M r Adrien Zeller to the Commission

Subject: Enforcement by the German courts of judgments handed down in France 36

9 1 / C 28/71 N o 1896/90 by M r Jean-Claude Pasty to the Commission

Subject: New provisions in respect of foot-and-mouth disease 37

9 1 / C 28/72 N o 1900/90 by Sir James Scott-Hopkins to the Commission

Subject: Price and sale of motor cars inquiry 37

9 1 / C 28/73 N o 1901/90 by Sir James Scott-Hopkins to the Commission

Subject: Efficiency standards for manufactured domestic goods 38

9 1 / C 28/74 N o 1931/90 by M r Carlos Robles Piquer to the Commission

Subject: The Coto Donana National Park 38

9 1 / C 28/75 N o 1940/90 by M r Herman Verbeek to the Commission

Subject: Interpol and personal data protection 39

9 1 / C 28/76 N o 1963/90 by M r Luigi Vertemati to the Commission

Subject: Preventive measures under the 'Seveso' Directive 39

9 1 / C 28/77 N o 1971/90 by Mrs Christine O d d y to the Commission

Subject: Victims of apartheid 40

9 1 / C 28/78 N o 1978/90 by M r H e m m o Muntingh to the Commission

Subject: Illegal trade in wild birds in Italy 40

(Continued overleaf)

Notice No Contents (continued)

91 /C 28/79 No 1981/90 by Mr Hemmo Muntingh to the Commission

Subject: Italian referendum on hunting 40

Joint answer to Written Questions Nos 1978/90and 1981/90 41

91/C 28/80 No 1986/90 by Mr Carles-Alfred Gasoliba i Bohm to the Commission

Subject: Obstacles to freedom of movement for workers 41

91/C 28/81 No 1995/90 by Mrs Raymonde Dury to the Commission
Subject: Lack of a Community housing policy 41

91/C 28/82 No 2067/90 by Mrs Pauline Green to the Commission
Subject: Commercial developments in the Coto Donana Parque Nacional near Matalascanas
Spain 42

91/C 28/83 No 2091/90 by Mr Elio Di Rupo to the Commission
Subject: Fight against counterfeiting of medicines protected by a patent 42

91/C 28/84 No 2189/90 by Mr Hemmo Muntingh to the Commission
Subject: Implementation of the Birds Directive in Les Landes (France) 42

91/C 28/85 No 2265/90 by Mr Hemmo Muntingh to the Council
Subject: Council declaration on the environment 43

91/C 28/86 No 2279/90 by Mrs Christiana Muscardini to the Council
Subject: Delays in actions aimed at preventing and combating fires 43

91/C 28/87 No 2283/90 by Mrs Dorothee Piermont, Mr Alfred Lomas, Mr Michael McGowan,
Mr Hugh McMahon, Mr Alex Smith, Mrs Hiltrud Breyer, Mr Arthur Newens, Mr
Alexander Falconer, Mr Neil Blaney, Mr Llewellyn Smith, Mr Kenneth Stewart, Mr
Stephen Hughes, Mr Jaak Vandemeulebroucke, Mr Herman Verbeek, Mr Philippe
Herzog, Mr Vassilis Ephremidis, Mr Francis Wurtz, Mr Eugenio Melandri, Mr
Maxime Gremetz, Mrs Birgit Cramon-Daiber, Mr Wilfried Telkamper, Mrs Ulla
Sandbaek, Mr Mario Melis, Mrs Winifred Ewing, Mr Jens-Peter Bonde, Mr Max
Simeoni, Mrs Birgit Bjornvig, Mrs Silvie Mayer, Mrs Eva-Maria Quistorp and Mr
Juan Garaikoetxea Urriza to the Council

Subject: International decade for the abolition of colonialism 44

91/C 28/88 No 2323/90 by Mrs Claudia Roth to the Council
Subject: Systematic annual HIV testing and examination of EC employees and officials for HIV 44

4. 2. 91 Official Journal of the European Communities No C28/1

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1091/88

by Mr Thomas Megahy (S—GB)

to the Commission of the European Communities

_(1 September 1988)_

(91/C 28/01)

_Subject:_ Manufacture of dangerous products for export

Does the Commission have any information regarding the
manufacture within the EEC of products banned, either
within the Community or within the Member State where
the manufacture takes place, for export to third countries?

Supplementary answer given by Mr Ripa di Meana
on behalf of the Commission

_(14 September 1990)_

Further to its answer of 15 February 1988 ('), the
Commission is now in a position to inform the
Honourable Member of the outcome of its inquiries.

Regulation (EEC) No 1734/88 ( [2] ) regarding the export
and import of certain dangerous chemicals has been in
force since 22 June 1989. However, the Commission has
received only one export notification to date (concerning
Campheclor exported from the Federal Republic of
Germany to Israel).

The Commission has initiated a number of actions to

obtain more information from the Member States:

(a) The Commission is in the process of providing
Member States with Export Notification Forms
which have been partially completed with details of
the hazards of specific chemicals and the relevant EC
legislation. This should make it easier for Member
States to provide the required notifications.

(b) The Commission is also about to submit a proposal
to Council for a modification of the Regulation
which will, among other things, clarify the
requirements on Member States. This will remove the
uncertainty felt by some Member States in the need
to notify the export of a chemical if they believed that
similar exports had already taken place.

(c) In addition, the Commission shall be writing to
Member States to remind them of their

responsibilities and to request a listing of their
exports of dangerous chemicals since 22 June 1989.

As a result of these actions, the Commission hope to
receive much more information by the end of 1990.

(') OJNoC 121,16.5.1989.
O OJ No L 155, 22. 6. 1988.

WRITTEN QUESTION No 689/89

by Mrs Jessica Larive (LDR)

to the Commission of the European Communities

_(6 November 1989)_

(91/C 28/02)

_Subject:_ Imports of baby sealskins into the Community

As the Commission has apparently not had the
opportunity to provide an adequate answer in time to my
question No 1945/88 of 20 November 1988, I feel
compelled to repeat it:

— having regard to the answer to my Written Question
No 1208/87 (') on imports of baby sealskins into the
Community,

— having regard to the Commission's response on the
telephone to my further enquiry about the results of
the promised investigation,

No C 28/2 Official Journal of the European Communities 4. 2. 91

1. Which Member States have committed errors in the

classification of 'lambskins'?

2. Does the Commission not find it remarkable that

various Member States appear to have made the same
linguistic mistake in choosing the secondary meaning
of 'lamb' (1. young of a sheep, 2. young, innocent
weak creature, child/baby) which has resulted in
lambskins being wrongly classified as baby
(seal)skins?

3. Does the Commission not find it strange that such a
blunder can repeatedly go unnoticed for years?

4. Is the Commission prepared to demand further
clarification from the Member States that have

committed this blunder?

(') OJNoC263, 10. 10. 1988, p. 4.

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

_(30 January 1990)_

1. In 1986, Italy imported a shipment of 1 200 lamb
skins from the United Kingdom under tariff heading
4301.22. In the Italian import statistics for 1986, the
shipment concerned was wrongly listed under heading
4301.21, thereby creating the misunderstanding that the
shipment concerned baby seal skins.

This was clearly due to a typing error and had nothing to
do with an attempt to illegally import baby seals skins as
suggested by the Honourable Member. It should be
stressed that the error did not occur at the time of

importation and that, if it had been a false declaration,
baby seal skins would obviously have been declared as
lamb skins and not the other way round.

2, 3 and 4. The error occured only once and not in
various Member States as indicated by the Honourable
Member.

WRITTEN QUESTION No 755/89

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(23 November 1989)_

(91/C 28/03)

_Subject:_ Closer relations between nations — postal
services

1. Does the Commission agree that cheap, rapid postal
services within the Member States and the Community as
a whole would greatly contribute to closer relations
between nations, which the Treaty of Rome is intended to
achieve?

2. If so, what specific steps has the Commission taken
in recent years and with what degree of success, to:

(a) harmonize postal rates within and between the
Member States,

(b) speed up postal services between the Member States
and, if so, how?

3. Does the Commission have information concerning
the time generally taken by the postal services, for
example to forward letters from one Member State to
another, and is it prepared to take measures to achieve a
significant reduction in the time taken?

4. Does the Commission agree that to speed up the
postal services, more letters and parcels should be sent by
airmail than has previously been the case?

Answer given by Mr Pandolfi
on behalf of the Commission

_(15 February 1990)_

1. The Commission shares the opinion expressed by
the Honourable Member on the importance of postal
rates and speed of delivery within the Member States and
within the Community.

2 (a) Because of the wide variations which exist between
postal costs and rates, for both domestic and
international mail, it is not easy to envisage
harmonization of postal rates within the Member
States in the short term. The Commission is

nevertheless considering the various options which
could lead to gradual harmonization of these rates
in the Community.

(b) The Commission is also looking into the quality of
national and intra-Community postal services, with
particular reference to delivery times. Speed of
delivery does indeed vary widely for domestic mail:
the proportion of mail delivered the following day
ranges from 10% in some Member States to 99% in
others.

The Commission has commissioned more detailed

studies.

In general terms, the Commission is planning to present a
Green Paper on postal services in 1990, which will help
define a Community policy in that sector.

3. The average delivery time for mail in Europe is four
days. Unfortunately, anomalies do exist and a postcard
between Assisi, Italy and Lisbon, Portugal may take as
long as a month. The CEPT considers that in the short
term it should be possible to cut delivery times in Europe
(EEC) to two days.

4. The Commission agrees that any speeding-up of
letter and parcel post would involve wider use of airmail.

4. 2. 91 Official Journal of the European Communities No C 28/3

WRITTEN QUESTION No 867/89

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(29 November 1989)_

(91/C 28/04)

_Subject:_ Safeguarding freedom of competition in air
transport between the Community and West
Africa

Ten African countries and France are trying to exclude all
competitors from air transport routes between the
Community and West Africa. They are seeking to restrict
landing rights in West Africa, as of November, to a single
flight per week for all airlines except the French company
UTA and Air Afrique, in which UTA has a stake. Other
European airlines will suffer irreparable losses as a result
of these restrictions on competition.

Could the Commission state how it intends to ensure

freedom of competition among Community airlines in
respect of flights to West Africa in the face of a
threatening dominant position achieved, with the
connivance of a Member State, by a Community airline
which also has a stake in an airline based in a third

country?

Answer given by Mr Van Miert
on behalf of the Commission

_(14 May 1990)_

The Commission is fully aware of the fact that the owner
States of Air Afrique have unilaterally withdrawn or
restricted existing traffic rights from West European
countries.

The Commission has put forward proposals concerning a
consultation and authorization procedure for agreements
concerning commercial aviation relations between
Member States and third countries _(_ _[1]_ _)._ This proposal
creates a procedure for the Commission to negotiate with
third countries on aviation matters.

Until the Council has adopted these proposals, the
Commission cannot negotiate traffic rights with third
countries.

(') COM(90) 17 final.

WRITTEN QUESTION No 1043/89

by Mr James Ford (S)

to the Commission of the European Communities

_(18 December 1989)_

(91/C 28/05)

_Subject:_ Harmonization of regulations relating to
licensing of taxicabs

Is the Commission considering harmonization of the
regulations relating to taxicabs? If so, what legislation is

being proposed, and when is it to be presented to the
Parliament?

Answer given by Mr Van Miert
on behalf of the Commission

_(21 February 1990)_

In the light of the internal market, the Commission
decided to examine whether measures should be taken at

Community level for the taxi sector. As a first step, it sent
a questionnaire to the Member States to obtain
information on their national systems. The replies
received are now being examined with a view to seeing
whether any Community action is appropriate.

WRITTEN QUESTION No 198/90

by Mr James Ford (S)

to the Commission of the European Communities

_(14 February 1990)_

(91/C 28/06)

_Subject:_ Funding for S.4.2.2 of the Information Package
for JOULE 1989-2

Can the Commission say what the reasons were for the
drastic cutback in funds for S.4.2.2 of the information

package for JOULE 1989-2, dealing with research into
the deep geology of Europe, particularly since this
multinational research project had just reached a stage
where real advances in understanding the geological
processes by which the European continent has evolved
could be expected?

Answer given by Mr Pandolfi
on behalf of the Commission

_(30 March 1990)_

The specific research and technological development
programme in the field of energy — non-nuclear energies
and rational use of energy — 1989-1992 (JOULE),
adopted by the Council in cooperation with the European
Parliament on 14 March 1989 (') provides, with its overall
financial allocation of ECU 122 million, ECU 47 million
for research into renewable energies. Within that research
area, deep geology is one item among the following: wind
energy, solar photovoltaic, hydraulic energy, biomass and
geothermal energy. Under these circumstances, the
funding available for deep geology research was
insufficient for major activities.

As indicated in the call for research proposals published in
the supplement to the _Official Journal of the European_

No C 28/4 Official Journal of the European Communities 4. 2. 91

_Communities_ on 6 January 1989 ( [2] ) and in the more
detailed information package, applicants for the main
topics of research area 'deep geology' were requested to
present a broad outline of their research projects in order
to allow a group of experts to define the specifications for
a later call for proposals. This work is now completed and
the call for proposals will be published during 1990.

(') OJNoL98, 11.4. 1989.
O Supplement to OJ No S 3/60, 6. 1. 1989.

WRITTEN QUESTION No 217/90

by Mr James Ford (S)

to the Commission of the European Communities

_(14 February 1990)_

(91/C 28/07)

_Subject:_ Business classification of horse-riding centres

Can the Commission give, by Member State, details of
whether equestrian centres are classified as commercial
premises or agricultural premises?

Answer given by Mr Christophersen
on behalf of the Commission

_(4 May 1990)_

The Commission is collecting the information it needs to
answer the Honourable Member's questions.

It will inform him of its findings as soon as possible.

WRITTEN QUESTION No 227/90

by Mr Gerard Monnier-Besombes and Mrs Claire Joanny

(V)

to the Commission of the European Communities

_(14 February 1990)_

(91/C 28/08)

_Subject:_ Community funding of the Bez dam (commune
of Saint-Roman, Drome, France)

According to a statement made by elected representatives
of the area concerned, 16,76 % of the total cost of the Bez
dam project (commune of Saint-Roman, Drome, France)
will be covered by Community funds, under an Integrated
Mediterranean Programme (IMP).

1. Have details of the site's natural environment been

collected and to what extent will these be taken into

account before Community funds are allocated?

2. Is this project compatible with the Commission's
guidelines? It would seem that the main purpose of
this dam would be to develop irrigation and
agricultural production in areas which are already in
surplus.

Answer given by Mr Millan

on behalf of the Commission

_(3_ _April 1990)_

1. The Bez dam project has been studied within the
context of a departmental water management scheme.

As with any measure taken as part of an Integrated
Mediterranean Programme (IMP) this scheme must be in
compliance with conditions laid down in Community
legislation on the environment.

Preparations for the Bez dam project will include an
environmental impact assessment pursuant to the
provisions of Directive 85/337/EEC (') on impact
studies. This assessment will be submitted for public
scrutiny and for the opinion of the appropriate
environmental authorities; it will include a detailed
analysis of the environmental aspects of the project. The
results must be taken into account in the final decision on

the project.

2. The proposed reservoir will serve a number of

purposes:

— to compensate for water consumption by the various

users,

— to compensate for the natural river flow deficits and
to protect the environment,

— to improve the quality of the water during the dry

season,

— to provide an opportunity for leisure and tourism
activities throughout the year.

It should be noted that IMPs may not include any
measures that are incompatible with the general objectives
of controlling production levels as defined by the
common agricultural policy.

O OJNoL175, 5.7. 1985, p. 40.

WRITTEN QUESTION No 243/90

byMrNeilBlaney(ARC)

to the Commission of the European Communities

_(19 February 1990)_

(91/C 28/09)

_Subject:_ Prospects for renewable energy

Given the growing tendency to abandon nuclear energy as
too costly, and the modest but steady progress being made

4. 2. 91 Official Journal of the European Communities No C28/5

in developing renewable energy sources, would the
Commission provide a summary of its current estimates as
to what percentage of the Community's forecast energy
requirements in the years 1993, 1995, 2000 and 2005
could be met from the following sources:

— passive solar systems

— photovoltaic generation

— wind power

— wave power

— tidal power

— bio-mass

— geo-thermic sources

— hydro-electric power

and from energy saving,

assuming (a) maintenance of the current level of national
and Community investment in research and development
and (b) assuming a 10 % increase in that level?

Does the Commission possess an adequate data base for
making this kind of assessment?

Will the Commission provide the equivalent figures for
Ireland?

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

_(4_ _April 1990)_

In the Community's 1995 energy objectives (') it was
stated that 'the output from new and renewable energy
sources in place of conventional fuels should be
substantially increased, thereby enabling them to make a
significant contribution to the total energy balance'.

Present conventional energy prices do not provide
sufficient incentives for rapid market penetration and
commercialised renewable energies only represent, in
1989, 3% of gross internal energy consumption in the
Community ( [2] ). However, it should be noted that waste
and wood for combustion in particular are excluded from
the Eurostat statistics.

The Community will continue to support the
development of renewable energies by its R&D JOULE
programme and by theTHERMIE programme.

The Commission is currently analysing long-term
scenarios for energy supply and demand to the year 2010
and the results of the study indicate that the use of
renewable energy sources will be significantly increased
(+ 46%) by 2010, taking into account the conventional
view of current national and Community investment
levels.

According to Eurostat (Statistical Office) rules, which do
not include non-commercial fuels (e.g. firewood, etc.),
the following table shows current estimates (low scenario)
of the contribution of renewable energy sources, for the
Community and Ireland, expressed as a percentage of
total primary energy demand for 2010. In the most
favourable conditions, and including non-commercial
fuels, renewable energy could represent 8 % of total
energy consumption in the same year ( [2] ).

Ireland

2010 0)

0,8 — 1,5

— —

— —

__ _

— —

0,3—2,5

 - 

1,1-4,0

Hydropower

Geothermal

Solar (active)

Photovoltaic

Wind

Biomass

Seapower

Community

2010 0)

2,5 — 2,8

0,5-0,5

0,3—0,3

_ _

0,2-1,2

0,3-3,2

0,3—3,2

3,8-8,0

0) Those figures were arrived at by using the SOEC's method. Other
bodies use a different method which shows electricity production from
renewable sources as the amount of oil thus saved in conventional
power stations. Under this definition, the share of renewable energies
in the Community's energy balance would be larger.

Figures for the years 1993, 1995, 2000 and 2005 will be
sent to the Honourable Member after the Conference on

Major Themes, to be held in May 1990.

Energy savings offer a most promising potential; if robust
action in energy efficiency and influencing consumer
behaviour are effective, an improvement in energy
efficiency of 35 % could be achieved by 2010.

Moreover, in the context of the SAVE (Vigorous Action
to Save Energy) programme, announced by the
Commission in its 1990 work programme; immediate,
concrete and vigorous action will be launched in
particular in priority sectors where a significant increase
in energy consumption could take place in the near future.
The action to be considered will aim at greatly improved
energy efficiency in the domestic, commercial, industrial,
public and energy sectors. The JOULE and THERMIE
programmes also support R&D for energy savings.

Ireland is expected to follow the Community path.

The Commission does not possess an adequate data base
for its assessments, but the construction of an appropriate
date base is presently being undertaken.

(') OJ No C241,25.9.1986.
( [2] ) COM(89) 369 final, Energy and the Environment, page 24,
paragraph 68.

No C 28/6 Official Journal of the European Communities 4. 2. 91

WRITTEN QUESTION No 294/90

by Mr Maxime Verhagen (PPE)

to the Commission of the European Communities

_(21 February 1990)_

(91/C 28/10)

_Subject:_ Implementation of EC directives

1. Is the Commission aware of the observations made

by the Netherlands Minister for Economic Affairs, Mr J.
E. Andriessen, on the implementation of EC
directives? (*)

2. What view does the Commission take of the

observation that EEC Directives are not always
sufficiently clear to be easily incorporated in national
legislation?

3. What view does the Commission take of the view

that the standard deadline of 18 months for the

implementation of directives is sometimes foreseeable too
short if the subject matter of the directive is complicated?

4. Does the Commission consider it necessary to take
measures to ensure that EEC directives are worded more

clearly?

5. Is the Commission prepared to extend the standard
deadline for implementation of a directive if its subject
matter is particularly complicated?

(') Letter from the Minister of Economic Affairs to the President
of the Second Chamber of the States-General of 28
November 1989 (TK21 109 No 8-Reprint).

Answer given by Mr Delors
on behalf of the Commission

_(18 September 1990)_

1. The Commission is aware of the statement of the

Dutch Minister for Economic Affairs.

2. In its proposals for Directives the Commission
ensures that they are Sufficiently clear so as to allow easy
implementation. In any event Member States, whose
national administrations will already have participated in
the adoption of a directive by the Council, are allowed by
the Treaty (Article 189) to choose the most appropriate
form and method of implementation provided they
achieve the desired result.

3 and 5. There is no 'normal' time limit for national

implementation of directives. In some cases a time limit of
as little as six months is appropriate (for example Council
Directive 89/458/EEC of 18 July 1989 relating to
emissions from motor vehicles (')). In others two years are
necessary in view of the amendments required to national
laws (for example Council Directive 89/665/EEC on the
application of review procedures to the award of public
contracts ( [2] )).

4. The Commission keeps under constant review the
question of improving the clarity of Community acts, in
particular by codification or by revising its rules of
legislative technique.

(') OJ No L 226, 3. 8. 1989, p. 1.
O OJNoL395,30. 12. 1989, p. 33.

WRITTEN QUESTION No 427/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(5 March 1990)_

(91/C 28/11)

_Subject:_ Use of CFCs and halons aboard ships

The environment ministers of the North Sea States are

meeting in The Hague on 7 and 8 March 1990 to discuss
environmental protection of the North Sea. According to
reports, air pollution by vessels and, in particular, the use
of CFCs and halons aboard ships will also be discussed at
this North Sea ministerial conference.

From 12 to 16 March 1990, the Marine Environmental
Protection Committee (MEPC) of the International
Maritime Organization (IMO) will be meeting in
London. Air pollution by vessels and, in particular, the use
of CFCs and halons aboard ships will be discussed at this
meeting too, thus presenting, less than a week later, an
excellent opportunity to elaborate, within the relevant
organization at world level, on decisions taken at the
North Sea ministerial conference. Proposals for a new
annex to the MARPOL Convention, the aim of which is
to prevent air pollution by ships, are already on the
agenda for the MEPC meeting. These proposals could be
taken up by the Commission and the North Sea States,
with a view to swift action to follow up the North Sea
ministerial conference and to preventing an eight-month
delay.

According to its answer to my Written Question
No 616/89 ('), which broached the problems concerning
air pollution by ships, the Commission did not plan to
take any action in this regard. This was an extremely
disappointing answer. The events taking place in March
1990, as indicated at the start of this question, could and
should prompt the Commission to take the initiative.

1. Is the Commission prepared to advocate, at the North
Sea ministerial conference, measures imposing curbs
on, or an end to, the use of CFCs and halons aboard
ships?

2. On the basis of the relevant decisions to be taken at

the North Sea ministerial conference, is the

^ . ^ Official journal of the European communities ^oC^BB

Commission prepared to gi^e its support, at the
^iLRC^ meeting of t ^ t D ^ i a r c h t ^ O, t o proposals for
a new airpollution annexed to the ^viARRCoL
Contentions

^. Is the Commission prepared to hack up proposals
giving absolute priority in this process to action to
curb or end the use of C^PC^s and halons aboard shipsB

^eot^c^o^mm^o,D.t^.

Answer^enby^vlrKipadi^teana
on behalf of the commission

^ ^ ^ ^

The use of C^PCs aboard ships is destined primarily for
refrigeration, while that of halons is in firefighting
equipment. These two important uses of these substances
are among those where the greatest amount of difficulty
appears to e^istfortheir substitution.

The Commission considers that the elimination of these

substances in all their uses will best be treated through the
implementation of the revised Montreal Protocol. The
commission has proposed that the elimination of C^PCs is
doneintheCommunityby P ^ ^ a n d t h a t o f halonsin
^000 except in essential cases, which will be defined near
the end of the abo^e time internals.

Theparticipantsof thefhirdlnternationalConference
ontheProtection of t h e ^ o r t h ^ e a agreed to submit to
the International maritime Organisation proposals
containing reduction obiecti^es and target dates, with the
intention of eliminating the use of o^onedepleting
chlorofluorocarbons and halons on board ships. The
commission will fully support such proposals to the
extent that the Montreal Protocol will not co^er

adequately these uses.

^ ^ I T T E ^ ^ U ^ T ^ ^ ^ o ^ ^ B ^ O

by ^ r Andrea R^a^io and^rs AnnaC^atasta^UE^

to the commission ofthe European communities

^ t B C ^ B ^

^ ^ c e p a i l u r e of the Luxembourg (Government to
implement legislation on trade associations

Luxembourg legislation on trade associations does not
comply with Community provisions in so far as
nonDLu^embou^rg nationals are not allowed to ^ote
andBor stand in elections to such associations but are

obliged to pay an annual contribution.

^ h a t measures has the commission taken or envisaged to
ensure that theLu^embourg (Government complies with
European legislation on the matters

Answer^ivenby^rBan^emann
on behaifofthe commission

The Commission would refer the Pionourable^iembers

to its answerto written question ^ o ^ B ^ by ^virPuerta
(Gutierrez ^ .

The commission is pursuing the procedure provided for
in Article 1 ^ of the EPCTreaty,since the Luxembourg
authorities ha^e not replied to its letter of formal notice.

As far as national trade associations are concerned, it
should be noted that Council Regulation ^LPC^
l^otDl^BD^ on freedom of movement forworkers within

the Community^,which relates only to wage and salary
earners,is not applicable.Article ^^ of thePPCTreaty,
which guarantees the right of establishment of
self employed persons, also entails, in the Commissions
^iew,the right to ioin trade organisations under the same
conditions as nationals r^see general programmes for the
abolition of restrictions on freedom of establishments.

Plowe^er, under Articled,this does not apply,so far as
any gi^en member ^tate is concerned, to activities which
inthat ^tateare connected, e^enoccasionally,withthe
exercise of official authority.

As regards secondary legislation, most self employed
activities, particularly in the distributive trades, industry
or crafts,but excluding the professionsr^doctors,lawyers,
etc.^,are governed by Mirecti^es of the^transitional^ type.
Plowe^er,these generally contain an article r^for example,
Article^inLoirecti^eD^^^BLPC,l^C^iaior (Groups
^^^^O^industry and small craft industries'^ requiring
member states to ensure that the beneficiaries under the

relevant L^irecti^eha^etherighttoioinprofessionalor
trade organisations under the same conditions and with
the samerights andobligations as theirown nationals,
though the member ^tate concerned may reserve
managerial posts for nationals where, in pursuance of any
provision laid down by law or regulation, the
organisation concerned is in^ol^ed in the exercise of
official authority. In the case of Luxembourg, it is
expressly provided that membership of t h e ^ h a m b r e d e
commerces or the ^Chambre des metiers^ shall not gi^e
beneficiaries under the Mirecti^e the right to take part in
the election of the administrative organs of those
Chambers. It is precisely this clause which Luxembourg is
making use of in this instance.

^(o]^oC3D,t3^m^^
^ o i ^ L ^ m ^ m o m ^
^ o ^ ^ t t ^ ^ B B m ^ ^

^ K l T T E ^ C ^ U E ^ T l ^ ^ ^ o ^ ^ B ^

b y ^ l r ^ u ^ h ^ c ^ a h o n ^

to the commission of the European C^ommunkies

^ I B C ^ B t ^

^^cr.L^na^ailability of documents

Canthe commission explain to theriousewhy,despite
the creationofanindependent translation service on ^

No C28/8 Official Journal of the European Communities 4. 2. ?1

April 1989 with a new Director General, members of the
Parliament are still unable to receive all basic working
documents such as the statement of action taken by the
Commission on resolutions passed by the European
Parliament (suite donnee) in all Community languages?

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

_(7 May 1990)_

The Commission can assure the Honourable Member

that it makes all possible efforts to give to Parliament its
statement on the action taken, in all Community
languages every month.

The Commission is aware that Parliament is keenly
interested in receiving the most up-to-date information
on this subject. Unfortunately in doing so occasional
problems of translation may occur, due to the very short
time limit that the competent services have at their
disposal.

WRITTEN QUESTION No 695/90

by Mr Miguel Arias Canete (PPE)

to the Commission of the European Communities

_(23 March 1990)_

(91/C 28/14)

_Subject:_ Application of the EEC-Morocco Fisheries
Agreement

In view of the fact that Article 7 (4) of the EEC-Morocco
Fisheries Agreement permits the possibility of restricting
use of some of the fishing opportunities accorded to the
Community in order to ensure the biological recovery of
certain species specified in Protocol 1, what are the
reasons for the non-application to date to the Community
vessels affected by these restrictions of the provisions of
Council Regulation (EEC) No 4028/86 concerning
premiums for the temporary withdrawal of fishing
vessels?

Answer given by Mr Marin
on behalf of the Commission

_(21 June 1990)_

Article 7 (4) of the four-year fisheries Agreement
concluded between the European Economic Community
and the Kingdom of Morocco in March 1988 states that
'use of some of the fishing opportunities accorded to the
Community may be restricted from the second year of
application of the Agreement in order to ensure the

biological recovery of certain particularly sensitive stocks
or groups of stocks within the limits and in accordance
with the procedure set out in Protocol No 1'.

Under Title VII of Regulation (EEC) No 4028/86 ( [l] )
Member States may grant a laying-up premium for the
temporary withdrawal of vessels measuring not less than
18 metres in length between perpendiculars, defined as
the stoppage of fishing activities for additional days in
comparison to the average, recorded or determined by the
Member State on a standard basis per category of vessel,
of the days laid up in the three calendar years preceding
the first application for the grant of the premium.

Accordingly, the Commission considers that the
temporary withdrawal of fishing vessels as a result of
implementation of the fisheries agreement concluded
between the Community and the Kingdom of Morocco
should be considered by the Member States in the light of
Regulation (EEC) No 4028/86.

(') OJ No L 376, 31. 12. 1986.

WRITTEN QUESTION No 786/90

by Mr Richard Simmonds (ED)

to the Commission of the European Communities

_(29 March 1990)_

(91/C 28/15)

_Subject:_ Marine exhaust emissions

Bearing in mind that six countries protested against the
German notification of its intention to introduce

regulations concerning exhaust gas emissions from
marine engines, has the Commission set up an
independent organization to study the technical
differences of opinion between ICOMIA and the
Stuttgart report, commissioned by the Tri-national
Bodensee Shipping Committee, as was its intention in
December 1989, and does the Commission have any plans
for a draft Directive to establish emission limits for

marine engines on the Bodensee?

Answer given by Mr Bangemann
on behalf of the Commission

_(15_ _May 1990)_

The Commission understands that the proposed
regulations deal only with marine engine exhaust
emissions on Lake Constance (Bodensee).

Following the intention it expressed at the 'Standards and
Technical Regulations' Committee on 14 December 1989,
the Commission called for tenders for an independent
study to collect all the relevant information and

4. 2. 91 Official Journal of the European Communities No C 28/9

suggestions to limit emissions from marine engines on
Lake Constance (Bodensee) and other inland waters.

On the basis of this study, the Commission will decide
whether to draft a directive on marine exhaust emissions

on inland waters.

WRITTEN QUESTION No 787/90

by Mrs Ria Oomen-Ruitjen (PPE)

to the Commission of the European Communities

_(29 March 1990)_

(91/C 28/16)

_Subject:_ European rules in connection with the effects of
lignite mining in the Federal Republic of
Germany on the level of ground water in the
Netherlands and Germany

1. Is the Commission aware that lignite mining in the
Federal Republic of Germany is said to be having serious
effects on the levels of ground water in the provinces of
Limburg and (Eastern) North Brabant in the
Netherlands, and is ecologically damaging?

2. Does the Commission agree that this kind of
situation warrants compulsory assessment of
environmental effects and that lignite mining should be
removed from the list which provides for exceptions,
given in Annex II to the Council Directive on the
assessment of the effects of certain public and private
projects on the environment (Directive 85/337/EEC) (')?

3. If not, why not?

(') OJ No L 175,5.7. 1985, p. 40.

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

_(21 September 1990)_

The Commission is aware of the facts mentioned by the
Honourable Member and asked the German authorities

for more detailed information on the operation planned.

The response makes it clear that they are willing to carry
out a preliminary impact study and consult the public and
the Netherlands authorities.

On the basis of this information, which it considers to be
satisfactory, the Commission has decided to shelve the
matter of existing infringements.

With regard to the projects included in Annex II of the
Directive, the Commission is of the opinion that the
Member States are not legally entitled to exercise the
power of assessment allowed them by Article 4.2 of

Directive 85/337/EEC in such a way as to exclude either
implicitly or explicitly in their national laws any
obligation to carry out an assessment thereof.

WRITTEN QUESTION No 816/90

by Mr Bryan Cassidy (ED)

to the Commission of the European Communities

_(4_ _April 1990)_

(91/C 28/17)

_Subject:_ Group assurance schemes for Community
officials

1. What are the arrangements for Community officials
in the matter of group assurance and insurance?

2. What is the involvement of the Commission in these

arrangements?

3. For each group policy what is the home base of the
insurance company concerned?

4. What effect will the new insurance directives

currently being adopted have on these arrangements?

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

_(3_ _July 1990)_

1. The only group assurance taken out in behalf of
Community officials is that by means of which the
institutions have taken out reinsurance with a pool of
companies in respect of the accident and occupational
illness cover provided for officials under Article 73 of the
Staff Regulations.

The original contract was concluded on 18 January 1977
and came into force on 1 February of the same year after
assent had been given by the Procurement Committee
(No 152/1976) at its meeting on 17 December 1976.

The Commission had submitted a proposal to 38
insurance companies and nine brokerage companies on 4
August 1975, 15 companies finally decided to participate
in the contract. There have been changes in the meantime
in the number of companies participating in the contract
and the scale of their respective involvement.

The original contract, which was for three years, was
tacitly renewed until 1988. Shortly before the last expiry
date, the idea was floated of issuing a new call for tenders,
but, after studying market conditions, all the institutions
agreed to renew the contract.

No C 28/10 Official Journal of the European Communities 4. 2. 91

2. The Sickness and Accident Insurance section of until

IX/RO/5 is responsible for the management of Article 73
of the Staff Regulations. To this end it is in permanent
contact with J. Van Breda & Co. International, a limited
company which acts as broker. All the institutions are
signatories to the contract, but are represented by the
Commission.

3. Since 1 February 1989, the insurance companies
party to the contract are: Royale Beige (B) (38%), S.A.
Assurances Generates de France (F) (21 %), Caisse
Nationale de Prevoyance (F) (20%), Mutuelles du Mans
(F) (5%), Assurantie van de Belgische Boerenbond (B)
(5%), Hannover (FRG) (5%), Ag-securitas (B) (5%) and
Gan Belgium (B) (1%). Royale Beige is the operational

company.

4. The Directives on insurance which have been

adopted or are in process of being adopted have no effect
on this contract.

WRITTEN QUESTION No 852/90

by Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(9 April 1990)_

(91/C 28/18)

_Subject:_ Telephones in rural areas

The development of alternative energy sources has made
it possible for solar energy to be used for the operation of
battery-powered telephones. This is extremely useful in
rural areas, especially mountainous areas, where the high
cost of laying cables makes it impossible to provide a
telephone service using the normal methods and
materials.

The possibility of installing such telephonic
communication systems, powered by solar energy, is
nevertheless called into question by the fact that in most
member countries the telephone service is monopolized
by the public or private companies licensed to operate in
the sector.

What are the Commission's views on the possibility of a
telephonic communication system powered by solar
energy being used in rural areas, especially mountainous
areas, without being subject to the monopoly affecting the
provision of telephone services in most member
countries?

Answer given by Mr Pandolfi
on behalf of the Commission

_(5_ _June 1990)_

For approximately the last fifteen years, the Community
has been conducting a major research, development and
demonstration programme on electricity production
using photovoltaic technology. This technology is now in
a position to compete with conventional energy sources
for a series of applications in isolated areas, and is already

being used in some countries for the creation of telephone
networks in rural and mountainous regions.

The Commission does not consider that the system of
exclusive or special rights under which the public
telephone service is currently operated in the Community
Member States constitutes an obstacle to full exploitation
of these technologies. In any event, as part of its policy,
outlined in the Green Paper, of opening up the
telecommunications services and equipment market, with
particular reference to telephones, it will seek to ensure
that users enjoy the full benefit of the technical advances
made.

In particular, the Commission will seek to ensure that
there are no obstacles to the use in remote rural areas of

solar energy to operate telecommunications equipment,
including mobile equipment, which is a rapid-growth
sector with the potential to make a significant
contribution in such areas.

WRITTEN QUESTION No 872/90

by Mrs Jessica Larive (LDR)

to the Commission of the European Communities

_(9 April 1990)_

(91/C 28/19)

_Subject:_ Import ban on baby sealskins

Since the Commission has not replied to the observations
set out in the first paragraph of Written Question
No 351/89 O and the questioner has not yet received a
satisfactory answer to her Written Questions
Nos 1208/87 O and 689/89 ( [3] ) on import bans on baby
sealskins:

Has the Commission seen the programme which was
shown on Channel 4 on 4 February 1989 entitled 'Seal
Mourning' (available on video) ?

What does the Commission think of the observations by
the Norwegian trader in baby sealskins and seals and the
attitude of the Norwegian Government in the light of the
Commission's first answer to Question No 1208/87
(import of 2528 dressed skins... from Norway into the
Federal Republic of Germany and Spain in 1986, which
was given as an example) ?

O OJNoC39, 19.2. 1990, p. 13.
O OJNoC263, 10. 10.1988, p. 4.
( [3] ) See page 1 of this Official Journal.

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

_(4 July 1990)_

The statement in the first paragraph of Written Question
No 351/89 by Mr Seligman that 'Eurostat figures

4. 2. 91 Official Journal of the European Communities No C 28/11

showing imports of seal pup skins, previously asserted to
be miscoded lambskins, were produced' is, in the
Commission's opinion, adequately addressed in point 1 of
the Commission's reply to the question concerned. This
reply clearly shows that these imports either concerned
skins of Greenland origin or skins of other (seal) species,
miscoded as falling under headings 4301.22 and 4302.22.

The Commission is further of the opinion that it has
provided full answers to Written Questions Nos 1208/87
and 689/89, put by the Honourable Member.

The statement by a Norwegian firm, that it considered the
EC to be its major market, is probably correct as far as
skins of Pinnipeds other than harp and hooded seal pups
are concerned. On the basis of the outcry following the
broadcast of the programme mentioned by the
Honourable Member, the Norwegian Government
cancelled the 1989 hunt and established a group of experts
to look into the humane aspects of its seal hunt. The
Commission has so far not been provided with the
conclusions of that working group.

WRITTEN QUESTION No 897/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(9 April 1990)_

(91/C 28/20)

_Subject:_ Free movement of goods and services and free
competition on the Community market in
periodicals

Under the broadcasting system in the Netherlands,
periodicals issued by Dutch associations holding
broadcasting licences enjoy a form of monopoly on the
market in radio and television programme guides.

Since the Flemish weekly radio and television programme
guide 'HUMO' has been on sale in the Netherlands
certain Dutch broadcasting associations refuse to provide
it with information concerning programmes, and staff
members of certain broadcasting associations are
forbidden to cooperate with HUMO or to grant it
interviews.

Can the Commission say whether this refusal within a
Member State, to provide information concerning
programmes and the obstruction of news gathering by a
journal sold in that Member State and published in
another Member State is in accordance with the free

movement of goods and services in the Community and
whether or not it constitutes abuse of a dominant market

position?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(29 June 1990)_

As appears from the answers given by the Commission to
previous written and oral questions by members of the
Parliament, the Commission has already dealt, on earlier
occasions, with problems concerning the supply of
programme information by Dutch broadcasting
associations, and it has in the framework of the
application of the competition rules, intervened with the
Nederlandse Omroepprogramma Stichting (NOS), the
body through which the Dutch broadcasting associations
cooperate in the field of programme ('). These
interventions aimed at making NOS and other Dutch
broadcasting organizations supply programme
information for publication in magazines published in
other Member States, and at removing restrictions on
possible imports of these magazines into the Netherlands.

Following those interventions, the NOS has adjusted its
attitude, so that it is possible for publishers of foreign
magazines to obtain shortened Dutch programme
information from the NOS for publication in their
magazines.

This also concerns the publisher of HUMOS who,
according to the information the Commission has at its
disposal, at the end of April 1990, still received the
shortened information from the NOS.

It could be concluded from information supplied by the
NOS on a previous occasion, that the NOS had
furthermore adjusted its attitude in such a way that it
would, in agreement with the principles of one single
Community market, no longer restrict import into the
Netherlands of magazines that have been put on the
market in other Member States and in which programme
information has been published with permission of the
NOS.

However, the Commission concludes from the
information it obtained from the parties involved that it is
not certain that the NOS will continue to adopt that
attidude. Therefore, the Commission will continue its
investigation of the case put forward by the Honourable
Member. It will inform him of the result of the

investigation.

(') See the answer by the Commission to Written Questions
Nos 1423/86 (OJ No C 60, 9. 3. 1987), 767/87 (OJ No C 108,
25. 4. 1988), 2831/87 (OJ No C 317, 12. 12. 1988) and
1206/88 (OJ No C 104, 24. 4. 1988) and the oral question
H 295/88 (Complete report of the meeting of the EP from 5
July 1988 to 6 July 1988).

WRITTEN QUESTION No 937/90

by Mrs Ursula Schleicher (PPE)

to the Commission of the European Communities

_(17 April 1990)_

(91/C 28/21)

_Subject:_ Limit values for microwave radiation

It is frequently pointed out that there are differences in
safety standards and limit values for microwave radiation

No C 28/12 Official Journal of the European Communities 4. 2. 91

in the USSR and the DDR on the one hand and the USA

and the Federal Republic of Germany on the other.

1. What research programmes are taking place at
European level to investigate possible hazards
resulting from microwave radiation?

2. What information does the Commission have

concerning the dangers of microwave radiation?

3. Does the Commission consider it appropriate to draw
up safety standards or limit values for microwave
radiation at EC level?

Answer given by Mr Van Miert
on behalf of the Commission

_(10 August 1990)_

The Commission is currently carrying out a detailed study
of the problem referred to by the Honourable Member
and will inform him of the result of its research as soon as

possible.

WRITTEN QUESTION No 939/90

by Mr Carlos Carvalhos (CG)

to the Commission of the European Communities

_(17 April 1990)_

(91/C 28/22)

_Subject:_ Cork-oak and the FOREST programme

Cork-oak is particularly important for the regional and
national development of the Iberian peninsula and the
protection and promotion of its environmental heritage.

There can be no doubt that the multiple uses of oak
plantations, of which there is a long tradition in the
Iberian Peninsula, must now be reviewed in the light of
competition from Community markets and the new ideas
concerning forests as ecosystems, which are essential for
the conservation of natural resources and extremely
important for regional planning on the Iberian Peninsula
with its uncertain agricultural potential.

However, the cork-oak improvement programme
submitted by Portugal is accorded a very subordinate
position and is subjected to severe financial restrictions,
which is totally inadmissible.

It is, furthermore, incomprehensible that main priority
should be given to the eucalyptus in the Iberian Peninsula
at the expense of the cork-oak, despite the fact that the
eucalyptus already receives perfectly adequate subsidies
for the production of cellulose, which the cork-oak does

not.

Given that Portugal is the main producer of cork and that
the principle of economic and social cohesion should not
remain an abstract ideal but should be implemented in
practice, does not the Commission consider it necessary

to draw up a specific programme for the cork-oak,
coordinated by the main producing country and properly
funded?

Answer given by Mr Pandolfi
on behalf of the Commission

_(29 June 1990)_

The 1990-92 'Raw materials and recycling
programme' ('), which includes the FOREST
subprogramme (renewable raw materials: forestry and
wood products), has a research budget of ECU 12 million
spread over three sectors:

— forest resources,

— wood and cork technology,

— pulp and paper manufacturing.

Following the call for proposals, the Commission had a
large response from research institutes and in particular
from a number of Portuguese organizations, with
applications for very high financial contributions (more
than ECU 85 million). It decided to focus its measures on
the priority themes of the sectors concerned, while also
proposing substantial cuts in contributions.

Hence the proposed financial assistance from the
Commission is as follows:

— for cork-oak:

— forest resources: ECU 270 000 for two years,

— wood technology: ECU 400 000;

— for eucalyptus:

— forest resources: ECU 100 000,

— wood and cork technology: ECU 300 000 (for
studying possibilities for conversion and reuse;
Portugal is facing problems regarding suitable use
and reuse).

Thus, in implementing the FOREST subprogramme, the
Commission is aware of the importance of the cork sector
for Mediterranean countries and has therefore given it
priority in Community contributions for eucalyptus.

Furthermore, the Commission proposal for a specific
R&D programme (1990-94) in the field of Agriculture
and Agro-industry ( [2] ), which forms part of the new
1990-94 framework programme adopted by the Council
on 23 April 1990, should make it possible to promote
further research into cork-oak within the four specified
fields.

O OJNoL359, 8. 12. 1989.
( [2] ) COM(90) 161.

4. 2. 91 Official Journal of the European Communities No C 28/13

WRITTEN QUESTION No 997/90

by Mrs Anna Hermans (PPE)

to the Commission of the European Communities

_(2_ _5_ _April 1990)_

(91/C 28/23)

_Subject:_ Interpretation of Article 8 of the Directive on the
coordination of certain provisions laid down by
law, regulation or administrative action in
Member States concerning the pursuit of
television broadcasting activities

Under Article 8 of Directive 89/552/EEC individual

cultural broadcasts may be based on cultural and language
criteria rather than economic criteria.

Can the Commission say what exactly is meant by
'cultural criteria' ?

Answer given by Mr Bangemann
on behalf of the Commission

_(28 June 1990)_

The aim of Article 8 of Directive 89/552/EEC is to allow

Member States, where they consider it necessary for
purposes of language policy, to require that programmes
of television broadcasters under their jurisdiction satisfy
stricter rules than those laid down in Articles 4 and 5 in

order to promote one or more languages. Such rules must,
however, be compatible with Community law and may
not apply to the retransmission of programmes
originating in other Member States.

WRITTEN QUESTION No 1004/90

by Mr William Newton Dunn (ED)

to the Commission of the European Communities

_(11 May 1990)_

(91/C 28/24)

_Subject:_ Possible decline of mussel fisheries

Has the Commission information about whether there

has been any shortfall or lack of recruitment into mussel
fisheries through natural settlement of spat following
three mild winters in succession?

If so, can they say what has been the scale of or
percentage reduction in available stock as a consequence?

If so, does the Commission have any plans to help mussel
fishermen?

Answer given by Mr Marin
on behalf of the Commission

_(31 May 1990)_

In certain mussel fisheries in Community waters the
natural settlement of spat has been poor in recent years
and as a consequence the exploitable stock size has
reached a low level.

Annual fluctuations in the settlement of mussel spat are a
natural phenomenon and several successive years of low
spat fall are not unusual in this fishery. The occurrence of
warm winters has not been demonstrated to be the cause.

There exist no programmes aimed at assisting the mussel
industry specifically.

WRITTEN QUESTION No 1007/90

by Mrs Guadalupe Ruiz-Gimenez Aguilar (LDR)

to the Commission of the European Communities

_(11 May 1990)_

(91/C 28/25)

_Subject:_ The role of women in development

No funds have been allocated to Item 9441 — women in

development — in this year's budget. Does the
Commission intend to allocate the necessary funds to this
item in the draft budget for 1991?

What sum could be allocated?

Answer given by Mr Marin
on behalf of the Commission

_(6 July 1990)_

In the preliminary draft budget for 1991 the Commission
has allocated ECU 500 000 to 'women in development'
operations.

WRITTEN QUESTION No 1034/90

by Mr Jose Vazquez Fouz (S)

to the Commission of the European Communities

_(11 May 1990)_

(91/C 28/26)

_Subject:_ Markets policy in the fishery sector

A request by one Member State for the safeguard clause
to be applied in the case of squid (illex) has apparently
been rejected. On what grounds? Has the Commission
assessed the adverse effects this measure may have on the

^ o C ^ 8 B P t official journal of the European Communities ^ 9 t

output of factory ships^IOoes it considerthis system to be
flexible and effective,given that it operates only,if at all,
under circumstances in which substantial damage may
already be occurring to the market for this products Moes
it intend to change the system in the nearfutureB

Answer^ivenby^r^arin
on behalf of the Commission

^ ^ ^ ^ ^

In t989 the Commission refused, in the light of the
Community^ undertakings within CALN, to adopt
safeguard measures in the case of squid imports. The
safeguardclausecanonlybeappliedwhereitis shown
that imports are primarily responsible for crisis on a
market.The Commission noted, following an indepth
technical examination, that there had been no increase in
imports compared with previous years and that the crisis
was attributable mainly to structural problems which
would be difficult to resolve by means of an ad hoc
safeguard measure.

The Commission considers in any case that the failure by
some member states to transmit communications

regularly,as required under Community rules on imports
and freeat^frontier prices,prevents the rapid evaluation
of thesituation and theadoption, where necessary, of
market safeguard measures.

The Commission has initiatedanumber of infringement
procedures against^viember states which havefailedto
observe the rules on notification. It hopes that in the near
future all member states will rectify this failure to
forward data which is essentialforthe sound management
of the Community market.

^ ^ T T L ^ C ^ U L ^ T t ^ ^ ^ o t O ^ B ^ O

b y l v l r ] o s e V a ^ m e ^ o u ^ ^

to the Commission of the European Communities

^ 9 1 B C ^ B ^

^ ^ c ^ . markets policy in the fishery sector

^ i t h regard to markets policy for fishery products, does
the Commission consider that the reference price should
operate from the outset with no requirement for
subsequent cancellations

Answer ^iven by l^lr^iarin
on behaif of the Commission

^ ^ ^ ^ ^

The aim of the reference price arrangements, laid down in
Articled of R e g u l a t i o n ^ E E C ^ ^ o ^ 9 D B 8 1 ^, i s t o

prevent disturbances on the Community market caused by
supplies imported on abnormal terms, notably in relation
to prices, from non^member countries.

The reference prices fi^ed by the Commission for certain
products are not binding from the outset since it is only
where there is failure to observe those prices that
measures may,under certain conditions, be taken by the
Community in respect of imports from nonmember
countries, provided that it observes its undertakings
withinCATT.

^ e ^ ^ e ^, 3 t m ^ m ^ t

^ ^ I T T ^ ^ ^ ^ T I C ^ ^ ^ o t O ^ B ^

b y ^ r ] o s e V a ^ q u e ^ f ^ ^ ^

to the Commission ofthe European Communities

^ 9 1 B C ^ B ^

^ ^ c e ^ i a r k e t s policy in the fishery sector

^ h e n will the Commission include frozen hake in

Anne^ll of regulation ^LEC^^o^9DB8^L^oes the
Commission not consider this product to be an important
Community fishery product and does it notfeel that there
may be an inconsistency here by comparison with the aid
granted to other species whose value, quality and
production is inferiors Moes the Commission not
consider that, in view of the crisis situation affecting this
product, storage aid should be g^antedB^hat genuine
reasons are there for its exclusion, given that existing
Commission studies have provided irrefutable evidence
that it should be included^

Answer^rvenbylvi^^arin
on behalf of the Commission

The Commission, having madeadetailed study int989 of
the situationonthe Community market infrozen hake,
decided not to include it in Anne^Nto Regulation ^EEC^
^o^9DB81 ^,which isaprivate storage aid mechanism.
The reasons for its decision were as follows^

^ r h e private storage aid mechanism is targeted mainly
at a number of species with considerable natural
variations in catches, for biological reasons, as in the
case ofcephalopods.ldake stocks are not in sucha
situation.

— Inhere is no market intervention mechanism for

frozen white fish, which hake replaces as a raw
materialfortheprocessingindustry.^foestablish a
special mechanism for hake could amount to
discrimination against other species.

4. 2. 91 Official Journal of the European Communities No C 28/15

— The crisis on the market, recorded in 1988 and 1989,
was caused principally by structural problems
(inadequate fleet size and features) and biological
ones (depletion of the fishing zone in Namibia). The
adoption of market measures would not have
improved the situation of hake to a substantial
degree.

Frozen hake, secondly, is included in Annex V to
Regulation (EEC) No 3796/81 and qualifies, like other
frozen white fish, for the reference price arrangements.
Consequently, until a substantial change in the market
situation takes place, the Commission does not consider it
appropriate to introduce new regulation mechanisms for
frozen hake.

O OJ No C 379, 31. 12. 1981.

WRITTEN QUESTION No 1047/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(11 May 1990)_

(91/C 28/29)

_Subject:_ The construction of the 'Las Omanas' dam

The building of a dam to be called 'Las Omanas' is due to
start shortly in the province of Leon (Spain). The area is a
sensitive one from the ecological point of view, and
Community legislation requires that this scheme be made
subject to an assessment of its impact on the environment,
pursuant to Directive 85/337/EEC (') which has been in
force in all Community Member States since 3 July 1988.

1. Will the Commission ask the Spanish authorities, as a
matter of urgency, to provide details of how this
Directive has been applied in this specific instance,
and, in particular, to forward a copy of the report on
the project's impact on the environment?

2. Will the Commission say what steps it intends to take
to ensure that Directive 85/337/EEC is correctly and
effectively applied?

O OJNoL175,5. 7. 1985, p. 40.

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

_(12 July 1990)_

The Commission has taken note of the facts referred to by
the Honourable Member concerning the dam project.

As regards the application of the environmental impact
assessment procedure laid down in Directive
85/337/EEC, the Commission would point out that
current Spanish law requires an impact study to be carried

out for certain projects set out in Annex II to the
abovementioned Directive, including major dams.

The Commission will therefore ask the Spanish
authorities to supply more detailed information on the
Las Omanas dam and to indicate the measures they intend
to take to avoid any adverse impact on the environment.

WRITTEN QUESTION No 1187/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 28/30)

_Subject:_ Energy and the environment

In the context of Community environment policy and the
transparency of energy costs — including environmental
costs — has the Commission analyzed the relative
consequences for SO2, CO2 and NO x emissions of plans in
the UK to depend upon an increased reliance on low
sulphur coal imports to be supplemented by gas turbine
power stations as against a comprehensive programme of
fitting FGD plant to coal-fired stations? Has it further
analyzed the relative benefits of increased reliance upon
clean coal burning technology such as fluidized bed
combustion?

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

_(28 June 1990)_

The Commission has not been officially informed of
plans by the United Kingdom Government to substitute
the use of natural gas or low sulphur coal for flue gas
desulphurization. Therefore analysis of the consequences
of such projects has not yet been undertaken. In this
context the Commission would refer the Honourable

Member to its answer to his Written Question
No 1186/90.

Clean coal technologies are under constant review in the
Commission under the newTHERMIE programme.

WRITTEN QUESTION No 1206/90

by Mrs Maarthe van Putten (S)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 28/31)

_Subject:_ Human rights violations on the Mexican/US
border

1. Is the Commission aware of the inhumane treatment

meted out to people who cross the border, hence refugees,

No C 28/16 Official Journal of the European Communities 4. 2. 91

by the US authorities and even groups of private citizens,
leading to incidents that often result in deaths?

2. Is the Commission aware that lives are directly put at
risk by indiscriminate deportation, particularly of Central
American refugees.

3. Is the Commission prepared to ask for help from
organizations that endeavour to take a positive view of
these people?

Answer given by Mr Matutes
on behalf of the Commission

_(3_ _August 1990)_

1. The Commission is aware of the incidents to which

the Honourable Member refers.

2. The Commission is, as ever, keen to do whatever it
can to back any operation in support of organizations
working to ensure that human rights are respected
throughout the world.

3. In recent years the Commission has stepped up its
activities on behalf of refugees within the scope afforded
by Article 936 of the budget. Both our partners in Central
America and the non-governmental organizations are
well aware of this activity.

WRITTEN QUESTION No 1237/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 28/32)

_Subject:_ Aid to the Italian steel sector

What plans does the Commission have to monitor the use
of ECU 2 billion of state aid to the Italian steel sector, the
allocation of which it has just approved?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(6 July 1990)_

Under Article 8 (1) of Commission Decision
89/218/ECSC of 23 November 1988 ('), the Italian
Government is required to supply the Commission with
six-monthly reports on aid disbursed in the course of the
preceeding six months, the uses made of such aid and the
results achieved during the same period as regards
restructuring. These reports must be supplied within two
months of the end of each six-monthly period.

As the Commission only released payment of the first
instalment of aid by Decision of 10 April 1990, it expects
to receive the first of the reports in July or August.
Furthermore, it should be stressed that the aid will only
go to the former undertaking Finsider, which is being
wound up.

Moreover, under Article 3 (2) of the above Decision, the
Commission has demanded the setting up of a
surveillance system in order to supervise the strict
implementation of the restructuring plan. To this end, the
Commission and the Italian Government have engaged an
independent consultant to draw up quarterly reports
between 1 January 1989 and the end of 1990 on the
implementation of the plan. So far the consultant has
produced five quarterly reports from which the
Commission has been able to verify that the restructuring
of the steel industry is being carried out in accordance
with the conditions laid down in the abovementioned

Decision.

O OJ No L 86, 31. 3. 1981.

WRITTEN QUESTION No 1257/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 28/33)

_Subject:_ Preparation for the internal market — economic

support

1. Does the Commission agree that the preparations
obviously being made by the Member States for the
internal market are making a decisive contribution to the
generally favourable economic climate?

2. Does the Commission agree that this factor is not
being brought out to a sufficient degree and sufficiently
clearly in economic surveys and analyses in the Member
States?

3. What measures will the Commission take to correct

the reservations and even criticisms expressed concerning
the economic impact of preparations for the internal
market, thereby creating a climate of greater confidence
for all economic agents concerned?

Answer given by Mr Bangemann
on behalf of the Commission

_(6 July 1990)_

1. In March, when it presented its fifth report on
implementation of the White Paper on completing the
internal market, the Commission made the point that
there was indeed a link between economic operators'
expectations regarding the internal market, notably in

4. 2. 91 Official Journal of the European Communities No C 28/17

terms of investment and industrial restructuring, and the
current healthy economic situation.

The Honourable Member is asked to refer to the

economic assessment presented at the time by the
Commission in the document entitled 'Three years to the
completion of the internal market' ( [1] ).

2. The Commission is pleased to see that the new
Community dimension of the market is increasingly
recognized and accepted in all sectors of the economy and
at all levels of government. A noteworthy example of this
is provided by the recent Bank of England report
attributing the doubling in business between European
banks in 1989 to the impact of 1992 on financial markets.
There is a growing number of such examples.

3. The Commission takes the view that there is no need

to undertake a new analysis similar to the one on the cost
of non-Europe which it had commissioned in 1987/88
since people have become sufficiently aware of what 1992
represents. It feels that it is now vital to concentrate on
actual implementation of the internal market instruments,
such as the incorporation of directives into national law,
the formulation of European standards, the setting up of
the European Testing and Certification Organization,
and application of the rules on public procurement. It is in
this way that economic operators will become aware of
the practical implications of the objective being pursued
and of its genuine irreversibility, thus gaining the
confidence necessary to develop this market.

(') SEC(90) 494 final.

WRITTEN QUESTION No 1260/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 28/34)

_Subject:_ Asset valuation of trade marks in the European
Community

In some Member States certain undertakings enter large
amounts against their trade marks under the asset side of
their balance sheets, thereby making it difficult to
evaluate assets accurately, since they can be artificially
increased by this form of window dressing. It also makes
it difficult to compare annual accounts over different
periods and in between different undertakings.

What measures will the Commission propose to
harmonize the practice of entering trade marks as assets
and trade mark valuation in the European Community?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 September 1990)_

Pursuant to Articles 9 and 10 of the Fourth Council

Directive (78/660/EEC) of 25 July 1978 on the annual
accounts of certain types of companies ( [x] ), trade marks
acquired for valuable consideration must be shown on the
balance sheet under 'intangible assets'. Trade marks
created by the undertaking itself may be shown as assets
where national law permits.

As far as valuation is concerned, trade marks must, under
Article 35 of the Fourth Directive, be valued at purchase
price or production cost, in accordance with the valuation
rules laid down in Article 31 of the Directive, and in
particular the prudence concept. In the case of trade
marks with limited life, value adjustments must be made
to write off their value systematically over the period in
which they are used.

The Commission is aware that certain businesses, which
avail themselves of the possibility provided for in
Article 30 (2) of the Seventh Council Directive
(83/349/EEC) of 13 June 1983 on consolidated
accounts ( [2] ) of immediately deducting goodwill from
reserves, attempt to mitigate the impact of such deduction
on their reserves by showing some or all of the goodwill as
an asset under 'trade marks'. The Commission views the

practice as incompatible with the Directives on company
accounts, which require that a clear distinction be drawn
between goodwill and trade marks.

In the Commission's opinion, the existing rules as laid
down in the Fourth and Seventh Directives are adequate.

O OJNoL222, 14.8. 1978, p. 11.
O OJNoLl93, 18.7. 1983, p. 1.

WRITTEN QUESTION No 1290/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 28/35)

_Subject:_ A separate budget heading for the restructuring
and modernization of the Portuguese textile
industry

In its answer to question No H-164/89 (') the
Commission stated that in the absence of a detailed

assessment of the situation in the Portuguese textile and
clothing industry, it was difficult to determine either the
scale of modernization and restructuring required or how
this could best be achieved. The Commission added that if

No C 28/18 Official Journal of the European Communities 4. 2. 91

the Portuguese authorities were to decide to launch such a
study, 'it could be funded by the Community' and
technical assistance could be provided.

Has the Portuguese Government requested financing
from the Community for the 'survey/assessment'
proposed in the above answer and does the Commission
still feel that only after such an assessment could it
consider 'any proposal to allocate additional Community
resources specifically to the restructuring of the textiles
and clothing sector'?

(') Debates of the European Parliament No 3-381 (October
1989).

Answer given by Mr Bangemann
on behalf of the Commission

_(18 September 1990)_

The Commission has not yet received any request to
finance a study of the type referred to by the Honourable
Member, but it has been informed that the Portuguese
authorities were considering making such a request.

WRITTEN QUESTION No 1311/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(28 May 1990)_

(91/C 28/36)

_Subject:_ Training drivers of heavy goods vehicles in less
polluting driving techniques

In its efforts to reduce the pollution generated by heavy
goods vehicles, the Commission is considering a range of
measures mainly concerned with the vehicles themselves.
Yet driving techniques, too, are important.

Studies conducted by various manufacturers of heavy
goods vehicles, including Volvo, indicate that drivers
should be trained in 'less polluting' driving techniques. Is
the Commission taking this suggestion into account in
drawing up its policy to combat pollution?

Answer given by Mr Van Miert
on behalf of the Commission

_(6 September 1990)_

The Commission is well aware of the fact that vehicle

driving techniques, including the driving of heavy goods
vehicles, have a role to play in anti-pollution policy.

In this connection, on 11 December 1989 the Commission
presented to the Council a proposal for a Directive on
speed limits for certain categories of motor vehicles ('),
including heavy goods vehicles, as it considered that since
pollution levels are proportional to speed, a restriction in
speed would therefore contribute to environmental
protection.

The Council also adopted Directive 89/438/EEC of 21
June 1989 amending Directive 74/561/EEC on admission
to the occupation of road haulage operator in national
and international transport operations ( [2] ). Article 2 (10)
of this Directive stipulates that knowledge of 'the relevant
environmental protection concepts with reference to the
use and maintenance of motor vehicles' is required for the
official recognition of the professional competence of
road hauliers, who are very often the drivers of heavy
goods vehicles.

Furthermore, on 2 December 1988 the Commission
presented a proposal to the Council for a second Directive
on driving licences ( [3] ), designed to replace Directive
80/1263/EEC of 4 December 1980 ( [4] ). Annex II stipulates
that drivers must demonstrate a knowledge and sound
understanding of, among other things, 'the general rules
regarding vehicle use in regard to the environment'
(especially noise and pollution).

The Commission is taking the Honourable Member's
suggestion into account in the promotion of
environmental education programmes.

O OJ No C 33, 9. 2. 1989.
O OJ No L 212, 27. 7. 1989.
O COM(88) 705 final.
O OJ No L 375, 31.12.1980, p. 1.

WRITTEN QUESTION No 1320/90

by Mr Bartho Pronk (PPE)

to the Commission of the European Communities

_(28 May 1990)_

(91/C 28/37)

_Subject:_ Pollution of the Westerschelde

1. To what extent can pollution of the Westerschelde
be reduced by current Community legislation (directives)?

2. Does the Commission intend to make specific
proposals to tighten up the Community standards
contained in the above legislation?

3. To what extent is the Commission prepared to act as
mediator in consultations between the Netherlands,
Belgium and France to secure a cleaner Westerschelde and
what means does it have available?

4. Has the situation concerning high cadmium
concentrations resulting from discharges into the Belgian

4. 2. 91 Official Journal of the European Communities No C 28/19

Schelde referred to in Written Question No 2367/85 (*)
changed since then, particularly' concerning the intended
use of this water in the Netherlands and Belgium?

O OJ No C 175,14.7. 1986, p. 22.

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

_(17 September 1990)_

1. Several Directives are applicable to the
Westerschelde:

(a) Directive 75/440/EEC (')

Pursuant to Article 2 of Directive 75/440/EEC, the
Flemish regional authorities have designated the
waters of the Schelde stretching from the border with
the region of Wallonia to the mouth of the
Kortrijk-Bossuit canal and from this canal to
Stasegem, as A3 quality.

At the present time, Belgium has not submitted to the
Commission any plans for the improvement of water
of A3 quality and, for this reason, an infringement
procedure is currently in progress against Belgium.

(b) Directive 78/659/EEC ( [2] )

With regard to Directive 78/659/EEC, no stretch of
the Schelde has been designated as water capable of
supporting freshwater fish.

(c) Directive 76/ 160/EEC ( [3] )

With regard to Directive 76/160/EEC, Overmere
'Nieuwe Donk' (West Flanders), on the river
Schelde, was designated a bathing area in 1988. The
quality of bathing water in this area was considered
to conform to the mandatory parametric values for
'total coliforms, faecal coliforms and salmonella' for
the bathing season 1988.

The Commission recently received complaints concerning
the high level of pollution of the Schelde by various
dangerous substances, resulting as much from municipal
waste water as from industrial discharges.

It decided to ask the three states along this river (France,
Belgium and the Netherlands) about their policy towards
it (authorization requirements, results of inspections
carried out, measurements of overall pollution in the
river).

The answers it will receive will enable it to check whether

the various abovementioned Directives are being adhered

to.

2. The Commission does not intend to review the

standards laid down in existing Directives. However, it
has submitted to the Council a proposal for a Directive
concerning the protection of waters against pollution
caused by nitrates ( [4] ) and another concerning municipal
waste water treatment ( [5] ). Furthermore, the Commission
is preparing a proposal for a Directive on the ecological
quality of water.

When these three Directives come into force, they will
certainly help to improve the quality of water in the
Westerschelde.

3. Up to now, the Commission has not been asked to
take part in the consultations in question. If requested to
do so by one of the Member States, it would be fully
prepared to participate within the limits of its authority.

4. With regard to the situation concerning the effluent
pipeline from Tessenderlo to Antwerp, the Commission
has been informed that as yet no chemical wastes have
been discharged. In this context, the Commission invites
the Honourable Member to refer to the answer given to
Written Question No 2367/85 by Mrs Maij-Weggen ( [6] ).

Furthermore, the competent authorities have no definite
plan to put the pipeline into service at the present time.

Belgium has still not specified the precise use to be made
of the waters of the Schelde.

(') OJNoLl94,25.7. 1975, p. 34.
( [2] ) OJNoL222, 14. 8. 1978, p. 1.
O OJNoL31,5.2. 1976, p. 1.
( [4] ) OJNoC54, 3. 3. 1989, p. 4.
(') OJNoC 1,4. 1.1990, p. 20.
(') OJ No C 175, 14.7. 1986, p. 22.

WRITTEN QUESTION No 1383/90

by Mr Alex Smith (S)

to the Commission of the European Communities

_(11 June 1990)_

(91/C 28/38)

_Subject:_ Transport requirements for spent nuclear fuel

Following the reply by the Council to the Hon. Member
for South East Wales (Question H-91/90 (*)) will the
Commission initiate a new study of the changing
transportation requirements for spent nuclear fuel
movements from the Federal Republic of Germany to
France, the United Kingdom and Sweden, further to the
report produced by the Commission entitled 'Report by
the Commission on the situation as regards reprocessing
and storage of irradiated nuclear fuel in the Community',
SEC(88) 751, dated 17 May 1988?

(') Debates of the European Parliament No 3-389 (April 1990).

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

_(27 September 1990)_

The Commission continually follows the progress of
nuclear programmes, in particular requirements for the
transport of spent nuclear fuel.

No C 28/20 Official Journal of the European Communities 4. 2. 91

The report cited by the Honourable Member is
periodically updated.

The Commission considers that the situation mentioned

in the question does not require an immediate update of
that report.

WRITTEN QUESTION No 1395/90

by Mr Neil Blaney (ARC)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 28/39)

_Subject:_ Renewable energy forecasts

Replying to my Written Question No 243/90 ('), the
Commission indicates that, on the most optimistic
hypothesis, renewable energy sources would meet 8 % of
total Community requirements by 2010. But-for Ireland
the figure is only 4 %.

How does the Commission explain this discrepancy and
how does it explain that 20 years from now Ireland will
still be deriving no energy from active solar, photovoltaic,
wind or seapower sources, and this despite the
prima-facie suitability for Irish conditions for wind and
wave power?

(') See page 4 of this Official Journal.

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

_(3 October 1990)_

Like other countries, Ireland will not be making major
investments in the generation of electricity from
photovoltaic, wind or seapower sources between now and
2010. As a result, Ireland will be below the Community
average for the use of renewable energy sources to cover
overall energy demand.

However, under the ERDF-supported VALOREN
programme, the Irish authorities are considering a
proposal from the private sector for the establishment of a
6,0 MW windfarm on a site near the west coast. This
investment would help reduce annual imports of fossil
fuels by an equivalent of 5 000 tonnes of oil or
8 000 tonnes of coal.

The Commission is sending direct to the Honourable
Member and to Parliament's Secretariat a table indicating
for the Community and for Ireland the share of each
source of renewable energy in total primary energy
demand for the years 1990, 2000 and 2010 on the basis of
two of the scenarios considered at the Energy for a New
Century Conference. This Conference, held by the
Commission on 3 and 4 May 1990, indicated that between
now and 2010 Ireland will be focusing its electricity

generating investments on solid fuel fired powerstations.
Hydroelectric developments will only concern new
pumping plants designed to cover peak demand.

WRITTEN QUESTION No 1417/90

by Mr Michael Welsh (ED)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 28/40)

_Subject:_ Threat to the Alaskan Walrus

The International Wildlife Coalition has alleged that the
Alaskan Walrus is being slaughtered indiscriminately in
order to provide raw material for the ivory trade.

1. Is the Commission aware of these allegations and are
they factually correct?

2. Will the Commission make proposals to ban the
import of ivory products coming from Canada and the
United States?

3. Will the Commission undertake to propose the
addition of the Alaskan Walrus to the list of protected
species in the CITES Treaty?

WRITTEN QUESTION No 1490/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 28/41)

_Subject:_ Walrus hunting for the ivory trade

Is the Commission aware of the developing problem of
walrus hunting for the ivory trade, following the trade
ban on ivory from African elephants, and will the
Commission draw up a report on the situation of walruses
in the Arctic regions, and examine ways in which the
Community can help in their conservation?

Joint answer to Written Questions Nos 1417/90 and

1490/90 given by Mr Ripa di Meana

on behalf of the Commission

_(31 July 1990)_

The Commission would refer the Honourable Members

to the replies given to oral questions No H-603/90 and
No 691/90 by respectively Mr Martin and Morris which it
gave during question time at Parliament's June part
session (').

(') Debates of the European Parliament No 3-391 (June 1990).

4. 2. 91 Official Journal of the European Communities No C 28/21

WRITTEN QUESTION No 1445/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 28/42)

_Subject:_ Alternative energy sources

Can the Commission indicate on what basis wave energy
projects have been largely excluded from the research,
development and demonstration funding in the field of
alternative energy sources?

Answer given by Mr Pandolfi
on behalf of the Commission

_(28 September 1990)_

Concerning demonstration activities on wave energy, a
study was carried out for the Commission in 1985 by
Professor Tony Lewis of Cork University (Ireland) with
the aim of analysing the possibility of including wave
energy in the demonstration programme on energy saving
and renewable energies. This study confirmed that it
would have been premature to start demonstration in this
field.

With regard to R&D actions, the Commission would ask
the Honourable Member to refer to the answer it gave to
the oral question put by Mr Blaney (H-745/90) at the
Parliament's July 1990 session question time (').

O European Parliament debate No 3-392 (July 1990).

WRITTEN QUESTION No 1495/90

by Mr George Stevenson (S)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 28/43)

_Subject:_ Whitecoat seal pups

Is the Commission aware that 1983 EC legislation for the
protection of whitecoat seal pups is not proving adequate
to afford the protection which was intended?

Is the scale of the continuing slaughter of seals being
monitored?

What is the position on the matter as regards to Norway,
the USSR and Canada?

What steps are being taken to enforce EC legislation on
this matter?

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

_(17 July 1990)_

The Commission would not agree that Council Directive
83/129/EEC concerning the importation into Member
States of skins of certain seal pups and products derived
therefrom ('), as amended by Council Directive
89/370/EEC ( [2] ), is not proving to be adequate. In that
context the Commission would refer the Honourable

Member to its answer to Written Questions No 1208/87
by Mrs Larive ( [3] ), 689/89 by Mrs Larive ( [4] ), 1281/89 by
Mr Raffarin ( [5] ) and to oral question H-771/89 by Mr
Jackson (").

The level of the seal hunt has always been and still is being
monitored by the countries of origin and the species, i.e.
Canada, Greenland, Norway and the USSR.

The number of whitecoats taken annually in Canada and
Norway has dropped dramatically as a result of the
adoption of Council Directive 83/129/EEC and of
restrictive measures on the hunt taken by both Canada
and Norway. As the USSR does not export whitecoat
skins, its hunt is not affected by the Community import
ban. The Greenland hunt does not involve whitecoat

pups.

The Commission is of the opinion that Community
legislation on the matter is being effectively implemented
and enforced.

(') OJNoL91,9.4. 1983, p. 30.
O OJ No L 163, 14. 6. 1989, p. 37.
O OJNoC263, 10. 10. 1988, p. 4.
O OJNoC312, 12. 12. 1990, p. 13.
O OJ No C 309, 10. 12. 1990, p. 30.
(*) Annexe OJ 2-373 of 18 January 1989, p. 238.

WRITTEN QUESTION No 1499/90

by Mr Patrick Cooney (PPE)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 28/44)

_Subject:_ Killing of migratory birds

In view of the continuing illegal and indiscriminate killing
of migratory birds in many parts of Europe, how does the
Commission intend to ensure the enforcement of existing
legislation and the imposition of tough penalities for
people involved in this illegal massacre?

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

_(24 October 1990)_

According to the provisions of the Treaty establishing
the European Communities (EEC Treaty), the

No C 28/22 Official Journal of the European Communities 4. 2. 91

implementation of Community environmental legislation
is to be ensured by Member States (Article 130r,
paragraph 4).

The Commission is obliged, under Article 155 of the
Treaty, to ensure that Community directives are applied.
To this effect the Commission tries to persuade Member
States to take measures which effectively ensure
application of Directive 79/409/EEC and which in
particular stop the killing of birds in breach of Directive
79/409/EEC. The Commission is well aware that

monitoring compliance with the Directive requires a
political will at local, regional and national level to
effectively protect migratory birds and — more generally
— the environment.

As a last resort, the Commission is empowered, under
Article 169 of the EEC Treaty, to start infringement
procedures if it considers that a Member State has failed
to fulfil an obligation under the Tready and may bring the
matter before the Court of Justice. The Commission

exercises this power to enforce the implementation of
Directive 79/409/EEC on the conservation of wild birds.

However, the Commission is aware that the
abovementioned political will is essential to halt the illegal
practices under Directive 70/409/EEC, which have led to
numerous infringement procedures.

WRITTEN QUESTION No 1527/90

by Mr Francis Wurtz (CG)

to the Commission of the European Communities

_(21_ _June 1990)_

(91/C 28/45)

_Subject:_ ACP debt

Given that the provisions of Lome IV concerning the ACP
debt offer no solution to the problem, what response will
the Commission give to the urgent demand made both by
the ACP countries and, unanimously, by the Committee
on Development to have the ACP debt to the Community
cancelled?

Answer given by Mr Marin
on behalf of the Commission

_(7 August 1990)_

Lome IV already provides some practical solutions to the
ACP debt problems:

— special loans, Stabex transfers and Sysmin financing
have been turned into grants to make aid more
concessional;

— the amount of quick-disbursing aid under structural
adjustment support has been increased;

— the possibility has been opened up for discussions
with the ACP States within the context of

international talks on the debt issue (declaration in
Annex 50 to Lome IV).

On the latter point, because of the continued and
worsening excessive debt situation, the international
community put forward various solutions at the Venice
and Toronto Summits concerning debt to official
creditors, which accounts for the largest share of the total.
The Commission helped to formulate these solutions.

The ACP debt to the Community itself is relatively
marginal, representing only 2,4% of their total official
debt and 1,2% of total debt servicing. Any direct action
would therefore have a limited financial impact on the
ACP debt.

The Commission makes no attempt to conceal the
questions of principle involved in such action. The subject
is complex and requires careful analysis, both of the
structure of the debt to the Community and the various
possible options open, at the same time taking account of
developments in discussions at international level.

The matter is under examination and once completed, the
Commission will honour its political responsibilities.

WRITTEN QUESTION No 1547/90

by Mr Francesco Speroni (ARC)

to the Commission of the European Communities

_(27 June 1990)_

(91/C 28/46)

_Subject:_ Adaptation of Italian law to Community
provisions

In its judgment of 20 March 1990 on Case 21/88, the
Court of Justice declared that certain provisions of Italian
Law No 64 of 1 March 1986 were incompatible with the
Treaty establishing the European Economic Community.

Further to this judgment, a draft law (No 2205) was
submitted to the Senate of the Italian Republic, at the
initiative of Senator Bossi, seeking to adapt Italian laws to
the Community provisions by repealing paragraphs 15, 16
and 17 of the aforementioned Law 64 to which the

Court's judgment referred.

However, there seems to be a problem with the adoption
of this draft law, since the parliamentary committee for
the monitoring of measures in the Mezzogiorno has
expressed its opposition to it.

4. 2. 91 Official Journal of the European Communities No C 28/23

What measures does the Commission therefore intend to

take to ensure the effective implementation by the Italian
state of the aforementioned judgment of the Court of
Justice?

Answer given by Mr Bangemann
on behalf of the Commission

_(7 August 1990)_

The Commission has begun negotiations with Italy with a
view to bringing national provisions on public
procurement into line with the Treaty and the relevant
Council directives.

WRITTEN QUESTION No 1577/90

by Mr Neil Blaney (ARC)

to the Commission of the European Communities

_(27 June 1990)_

(91/C 28/47)

_Subject:_ Wave power

In relation to its answer to my Written Question
No 687/90 (') about wave power, in which it reported
that studies in the UK, and a recent expert conference
called by the Commission itself, had found wave power
not to be competitive, what is the Commission's reaction
to the news (1 June Cf. _The Guardian,_ 1990, page 1) that
the United Kingdom Department of Energy has now
admitted that wave energy is much cheaper than energy
from the latest generations of PWRs (pressurized water
reactors).

In particular,

— will the Commission undertake its own independent
inquiry to ascertain the validity of the figures now
released (5,2 p/kwh for wave power as against 6,25
p/kwh for PWRs, not counting decommissioning and
waste disposal);

— will the Commission make proposals for a major R &
D effort on wave energy;

— will it urgently investigate the wave energy potential,
on a 10-year time-scale, of the Community's Atlantic
seaboard comprising Ireland, Scotland, the rest of the
United Kingdom, France, Spain and Portugal?

_C)_ OJNoC312,12. 12. 1990, p. 16.

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

_(2 October 1990)_

The figures mentioned represent an estimate of the
energy cost assuming a particular installation" and

financial and technical hypotheses which cannot be
generalized to all cases. Moreover, they are not based on
any pilot project actually in progress.

With regard to possible future R&D activities, the
Commission has decided to include wave energy in the
proposal for a Council Decision on a specific programme
in the field of non-nuclear energy (1990—1994) ('). If the
programme is adopted, the Commission would propose to
start with some exploratory activities, to address issues
such as assessment of wave energy's potential in the
Community, economics and future R&D needs.
Depending on the results in these studies, more important
R&D activities might be proposed at a subsequent stage.

On 26 February 1990, the Commission invited a few
experts from Denmark, Ireland, Norway, Portugal, Spain
and the United Kingdom, with the sole objective of
gaining information on past and current national activities
on wave energy R&D. No conclusion on the costs and
competitiveness of wave energy was made at the meeting.

O COM(90) 164.

WRITTEN QUESTION No 1578/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(27 June 1990)_

(91/C 28/48)

_Subject:_ Safety of different car models

A recent study by the American Insurance Institute for
Highway Safety looked at fatal accidents between 1985
and 1987 and compared them with the features of the 103
most popular car models in the United States.

On the basis of its findings, the Institute has classified the
various models according to safety.

Is the Commission aware of this study? Does it plan to
carry out a similar study for the European car market, in
particular, within the framework of a directive concerning
consumer safety?

Answer given by Mr Van Miert
on behalf of the Commission

_(18 September 1990)_

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

N o d ^ B ^ official journal of the European Communities ^.2.91

Although, at the moment, the Commission has no plans
forasimilar study on the European car market it reserves
the option of making a more detailed statement after
carrying out the close examination warranted hy the
document in question.

^ e should point out in this connection that the
Commission has notedastudy of this type carried out hy
the^wedish insurance companies.

It must, however, he stressed that there is a risk of
reaching the wrong conclusionsinherentinthis type of
study. Indeed a distinction must first of all he made
hetween'active^and'passive^ safety.

In general terms passive safety increases with vehicle
weight.

Acomparativelistwould only he fair if the vehicles had all
heen tested under the same conditions and in accordance

withthesamestandardsandmethodologies.lhisisnot
the case where studies are hased on accident statistics

(speed at the time of impact, collision angles, ...^. In
additionthe accident data collected mainly relate tothe
damage sustained hy the vehicle.

L^he proper wearing ofasafetyheltisadecisive factor in
the seriousness of the innnaes suffered hy vehicle
occupants. Thus, the human toll may he entirely different
inidenticaltypesof traffic accident and may affect the
conclusions which may he drawn from the statistics. It is
known that, generally speaking, the active safety of'top
of the ranged cars is greater since that type of vehicle
incorporates expensive, sophisticated technology such as
antidock systems (AB^, etc.

However,hereagainotherfactorsaredecisive, suchas
driverhehaviour,vehiclemaintenance(tyres,hrakes,...^,
infrastructure quality (state of the road,lighting,traffic
signs,...^and weather conditions.

^eshould note thatastudy carried out some years ago in
Prance showed that a comparison of models hased on
accidentstatistics tended to reflect

— the respective market shares of each model,

^ vehicle use (in conurhations with frequent minor
shunts, on ma^or highways with more serious, hut less
frequent accidents^,

— the distances covered.

In additionthel^nited Kingdom heganasurveyof this
type early o^ in the year.^fhe Commission would like to
see this and examine to what e^tentthe results can he

turned to account.

It should he stressed in general terms that the European
authorities have agreed upon an approval system covering

types of vehicles (initially at national level and now,in the
maiority of cases, in harmonized form at European leveh
in orderto deal with road safety matters.

The system is constantly heing updated in appropriate
cases and is hecoming more and more exacting and
efficient. It includes the possihility of sanctions against
manufacturers (refusal of type approval, withdrawal of
type approval where vehicles, products, etc. do not
conforms.

A study, or alistof'thesafest^ models would seemto
conflictwithsuchatype approval system.

Ratherwouldithe appropriate constantly to^

— keep the Community up to date on technical progress
and the results relating to causes of accidents^

^ maketypeapprovalmorestringent(fore^ampleas
regards safety helts, protection against side impacts as
compared with the requirements of the routine
roadworthiness tests.

^^ITECBEN^tdE^Tt^NNot^^^O

hy^r^a^imeVerha^en(PPE^

to the Commission of the European Communities

^ ^ ^ ^

(91BC2^B^

^ ^ c e ^ i t u a t i o n in Ethiopia

t. Can the Commission pass on the latest information
on the food supply situation in Ethiopia?

2. Plow does the Commission view the EPNd^s

proposal for the port of ^viassawa to he placed under L^N
contralto enahle food supplies to he hroughtinagain?
Eollowing the heavy fighting, what condition is the port
in?

3. Is the Commission prepared to e^ert renewed
pressure on the parties to the conflict to ohserve a
ceasefire so that food supplies to the starving inhahitants
can he stepped up?

^t. In policy terms, how will the t2 countries of the
European Community follow up the 'declaration of
principles^ on humanitarian aid to Ethiopia that was
agreed on 23 April t990 in New York? Are further
consultations taking place hetween the European
Community and the other signatories to the declaration?

^t.2.91 Official Journal of the Luropean communities NoC2^B2^

Answer ^iven by ^ r ^ ^ r a n
on behalf oftheC^o^^ission

P The food supply situation in the north of Ethiopia is
still very difficult and tenuous. Nevertheless, it seems that
the overall situation is at present under control owing to
the considerable humanitarian aid from the international

community and the diversity of channels used to bring in
this aid.Plowever,at the onset of the period of shortage
between harvests, the needs of the population continue to
require careful monitoring,

2. The Commissions position on this issue is that
articulatedby the Communityandits^viember states in
the ministerial declaration on Ethiopia made in
Luxembourg on t^June.The Commission has no direct
and reliable information on the current state of the port of
Aiassawa,

3. The Commission has been fully involved in the
various moves and declarations made in the

intergovernmental content to press both sides to
guarantee safe access to all affected inhabitants.

^. The N e w ^ o r k declaration of 2^ April has been
followed by a number of developments, particularly
moves by the Ethiopian (Government concerning the
channelling of humanitarian aid into the port of Aiassawa
and procedures for the resumption of peace talks. These
new and recent elements were welcomed in the ministerial

declaration of U^ June concerning Ethiopia.

The signatories to the New^ork declaration of 2^ April
are in close and permanent coordination to enable them to
respond to the current situation in northern Ethiopia,

^^ITTENC^UE^TlONNotDO^B^O

bylvirCAnseppelviouol^rPE^

to the commission of the European communities

^ 2 A ^ ^

r ^ t B C 2 ^ e a

^^ceEoecision ^B^t^BEEC on the incompatibility
with Article 92 of the EECTreaty of relief for
the Abru^^o region granted under Law D^BP9^D
relating to the ^vie^^ogiorno

According to the Italian (Government, the approach taken
by the Commission in Precision ^ B ^ l ^ B E E C ^ i s neither
in keeping with the spirit or letter of Community rules t^or
suitable from an economic or statistical pointofview.

Eurthermore, the way in which this approach was arrived
at and adopted is very unclear and is at odds with
Article 9^ ofthe Treaty.

POoes not the Commission believe that when it comes to

preparing its review the economic and social situation in
the A b r u ^ o r e g i o n ^ o n the basis of data to be provided
by the Italian Crovemment ^ a more responsible
approach would be take account oP

t. the legal basis for aidforregionalobiectives under
Article 92oftheEECTreaty^

2. Articles 130a and P30b of theTreaty requiring the
Community toreducedisparitiesbetweenregionsin
the Community and the backwardness of the least
favoured regions^

3, the position of the ^ie^ogiornoasasingle unit for
domestic economic policy measures of which the
Abru^oregion is an integralpart,ashas invariably
been acknowledged in Community legislations

^t, the obiective of increasing economic and social
cohesion within the C^ommunity,which is at odds with
the classification of territorial units for statistical

purposes ^NL^T^NandNh in order to determine the
areas t o b e assisted and thee^tent to which aidfor

structural objectives is permissible^

C ^ J ^ e t ^ m o ^ m ^ ^ ^

Answer^ivenby^irLeonBrattan
on behalf ofthe commission

Precision ^B3t^BEEC concerning Law No D^tofllviarch
t9^D on aid to the ^ e ^ o g i o r n o was based on the method
for the application of Article 9 2 ^ ^ a n d ^ t o regional
aid, which the Commission, in the interests of
transparency,published in Official Journal N o C 2 1 2 of
P2AugustP9^

This method, adopted by the commission under the
powers conferred on it byArticles 9 2 ^ ^ . of the EEC
Treaty,laysdownobiective criteria for determining the
regions of the (Gommunity in which national regional aid
may be granted and the ceilings on such aid,

Thereviewof the economicand social situation in the

Abru^i region, which is to be carried out within this
framework, shouldenablethe^Gommissiontoascertain
that the region is facing sufficiently serious development
problems as compared with the rest of the Community to
justify the granting of aid pursuant to Paw No D^B^D and
MecreeNo2t^B^

It should be pointed out that strict application of the
derogations provided for in Article 9 2 ^ ^ a n d ^ o f

No C 28/26 Official Journal of the European Communities 4. 2. 91

the EEC Treaty helps to strengthen economic and social
cohesion in the Community since it restricts the
application of national regional aid to the least-favoured
areas in the Community.

As defined historically, the Mezzogiorno can no longer
be considered a homogeneous entity. Economic
conditions within the region have changed and nowadays
may differ significantly from one area to another, notably
in terms of industrial development, infrastructure
endowment and peripherality.

The Italian authorities themselves recognized this when
they introduced different rates for the investment aid
available under Law No 64/86 to take account of the level

of development in the various provinces concerned
(NUTS III).

WRITTEN QUESTION No 1620/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(2_ _July 1990)_

(91/C 28/51)

_Subject:_ Trends in the taxation of natural persons,
indirect taxation and social security
contributions in the Community Member States

In an interesting study entitled 'A tax alternative',
Professor Beauvois of the ULB (Brussels) cites the
following figures:

Taxation of natural persons

_(as_ _a %_ _of_ _GDP)_

Does the Commission consider that there has been a

noticeable increase in taxation and other fiscal charges on
employed people in recent years in all the Member States,
which mainly affects earned income and social security
contributions, and what conclusions does it draw

therefrom?

WRITTEN QUESTION No 1621/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(2_ _July 1990)_

(91/C 28/52)

_Subject:_ Developments in company taxation

In an interesting study entitled 'A tax alternative',
Professor Beauvois of the ULB (Brussels) assesses the
trends in charges levied on undertakings (company tax
plus employers' social security contributions) as a
percentage of GDP over the last few years as follows:

_(as_ _a %_ _of_ _GDP)_

Moreover, given indirect taxation (VAT and excise
duties), there appears to be an increasing tendency to raise
consumer charges, as the following table (taken from the
same source) shows:

Total charges

_(as_ _a %_ _of_ _GDP)_

1989

46,38

41,62

41,01

32,24

46,10

43,45

Belgium

France

Federal Republic of Germany

Italy

Netherlands

United Kingdom

1985

45,12

38,47

37,69

29,87

39,87

42,30

1989

13,33

8,76

13,29

13,82

19,20

14,40

13,90

44,60

8,66

6,79

4,24

1987

12,61

8,25

12,46

11,79

17,47

13,93

15,20

41,75

8,32

6,81

4,44

Federal Republic of Germany

France

Italy

Netherlands

Belgium

United Kingdom

Ireland

Denmark

Spain

Greece

Portugal

1985

11,93

8,22

12,57

10,53

18,73

13,86

16,20

38,50

7,68

6,25

4,70

1987

15,82

19,99

12,18

13,31

14,94

9,92

1989

13,69

21,43

13,74

15,03

14,24

11,44

Belgium

France

Federal Republic of Germany

Italy

Netherlands

United Kingdom

1985

15,24

19,66

12,18

13,08

13,74

11,33

Does the Commission agree with the author's view that
the overall trend in the last five years does not show any
sign of reducing direct taxation on household income?

In the light of the figures given below, does the
Commission consider that company tax in particular has
progressed in the same way as household taxation? What
conclusions does it draw therefrom as regards tax
harmonization? What particular lessons has the
Commission learnt from the recent IMF report which

4. 2. 91 Official Journal of the European Communities No C 28/27

reveals _inter alia_ that company profits have increased
more substantially in Belgium because of the many
deductions and exemptions from which they benefit?

Recent trends in company taxation

_(as_ _a %_ _of_ _GDP)_

1989

1,73

4,97

4,14

5,46

4,18

6,82

1987

4,05

3,62

2,32

2,97

4,30

5,20

Belgium

France

Federal Republic of Germany

Italy

Netherlands

United Kingdom

1985

4,00

3,05

2,74

2,83

3,96

6,58

Joint answer to Written Questions

Nos1620/90 and 1621/90

on behalf of the Commission

_(27 September 1990)_

There are a number of sources of statistics for gauging the
weight, trend and structure of total taxation. These
sources are often not fully compatible with each other, as
they use their own methods and breakdowns. The
Commission has been having its staff look at how
differing taxation systems might affect the completion of
the internal market.

The trends shown by the figures to which the Honourable
Member refers accord only partially with the
Commisson's own estimates. Moreover, where the study
gives figures for 1989, these can at present, for a number
of countries, be only estimates. According to the
Commission's analysis (European Economy, Supplement
A, February 1990: Structure of Public Finance in the
Community), the trend since 1985 has been for public
revenue from direct taxation and social security
contributions to hold steady as a percentage of GDP, with
that from indirect taxation increasing slightly.

With particular regard to developments between 1985 and
1987 in both personal and company taxation, the
Commission has also detected the trend revealed by the
figures in the study. From 1987 to 1989, however, the
picture the Commission sees is different, with personal
taxation steady of falling as a percentage of GDP while
company taxation was steady or rising.

The IMF analysis of the importance of tax deductions and
exemptions for businesses has to be seen in the context of
the internal market: the differences referred to do indeed

have to be taken into account in examining whether
taxation is likely to cause any distortion of competition
between European businesses, but do not necessarily
themselves constitute such distortion. This is one of the

matters which might be looked at by the study group on

company taxation which is soon to be set up. The
Commission would remind the Honourable Member that

the guidelines on company taxation which it put to the
Council on 18 April (and which the Council approved)
saw harmonization being concentrated only on what was
vital for completing the internal market.

WRITTEN QUESTION No 1628/90

by Mr Alman Metten (S)

to the Commission of the European Communities

_(2_ _July 1990)_

(91/C 28/53)

_Subject:_ Domestic refuse by-law regulation in the town of
Mechelen

On 21 February 1990, the Mechelen College of Aldermen
adopted a by-law stipulating that domestic waste must be
packed in the plastic refuse sacks prescribed by the
Mechelen municipality.

1. Was the Commission promptly informed of this
measure in accordance with Article 3 (2) of Directive
75/442/EECO?

2. Is the Commission aware that in Mechelen, as in
Roeselare and Zemst, refuse packed in refuse bags
lawfully marketed in the Netherlands and conforming
to quality control (KOMO) standards applied
throughout the Dutch municipalities, is not collected?

3. Does the above Mechelen by-law and the refusal to
collect rubbish contained in sacks manufactured in the

Netherlands in any way run counter to the provisions
_oi_ Articles 30—37 of the EEC Treaty or other
European law?

4. If so, what measures will the Commission take to
remedy this incorrect implementation of European
law?

5. Is the Commission prepared to make a proposal
concerning a European standard for refuse bags?

(') OJ No L 194, 25. 7. 1975, p. 47.

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

_(17 September 1990)_

1. There is no point in citing Article 3 (2) of Directive
75/442/EEC (') in this connection, since that provision
concerns solely measures intended to encourage waste
reductions and waste recyclings and processing.

No C 28/28 Official Journal of the European Communities 4. 2. 91

2. No.

3. The Commission is studying the matter in order to
determine whether the measures taken by the town of
Malines to authorize on its territory only the use of the
refuse bags that it supplies are in breach of Articles 30 and
37 of the EEC Treaty.

4. The Commission intends to make whatever

enquiries are necessary in order to learn the reasons
underlying the adoption of the measures in question so
that it can assess their compliance with Community law.

5. Given the variety of refuse collection systems
resulting from the need to take account of specific local
characteristics, the Commission considers that its powers
do not extend to the laying-down of harmonized rules
concerning procedures for the collection of domestic
refuse.

O OJNoL 194,25.7. 1975.

WRITTEN QUESTION No 1630/90

by Mr Carlos Perreau De Pinninck Domenech and Mr
Jose Ruiz-Mateos Jimenez De Tejada (RDE)

to the Commission of the European Communities

_(2_ _July 1990)_

(91/C 28/54)

_Subject:_ Removal of natural obstacles to overland
transport in Spain

One of the objectives of regional development plan
(RDP) submitted by the Spanish Government to the
Commission in March 1989, was the removal of various
natural obstacles to overland transport in Spain.

More specifically, consideration was given to the
possibility of building tunnels to avoid the ports of El
Escudo, Somport, La Carrasqueta and Piqueras.

Has the Commission received specific request for funds to
undertake any of these tunnels or have any steps been
taken towards the launching of any of these projects?

Answer given by Mr Millan
on behalf of the Commission

_(19 September 1990)_

The tunnels referred to by the Honourable Member are
located in areas in Spain which are eligible for
Community assistance under Objectives 1 and 5b of the
Reform of the Structural Funds.

The operational programmes submitted by the Spanish
authorities for the Objective 1 regions do not include
assistance for the construction of these tunnels nor has

the European Regional Development Fund received any
request for assistance with individual projects to improve
access to these passes.

The Community Support Frameworks for the Objective
5b areas where approved by a Commission Decision of 6
June 1990. The Community support frameworks set out
the Community's priorities for funding in the designated
areas and will provide a framework for the preparation of
Operational Programmes by the Member State
authorities. The construction of tunnels does nonconform

with the Community's priorities for funding established
in the approved Community support frameworks for
these areas and, therefore, no assistance will be
forthcoming from the ERDF under Objective 5b for this
type of measure.

The Commission nevertheless acknowledges the
importance of constructing new trans-Pyrenean
international links to provide further routes linking the
Mediterranean and Atlantic regions of the Community
and so will carefully monitor progress in the construction
of the Somport tunnel and related works. It is currently
considering a request for assistance for the geological,
hydrogeological and geotechnical studies required for the
preliminary plans of the tunnel.

WRITTEN QUESTION No 1655/90

by Mr Siegbert Albert (PPE)

to the Commission of the European Communities

_(4 July 1990)_

(91/C 28/55)

_Subject:_ Construction of French high-speed rail
connection (TGV) through Provence from
Avignon to Frejus

Three possible routes are being considered for the
construction of a high-speed rail connection (TGV)
through Provence from Avignon to Frejus.

1. Have the French authorities carried out

environmental impact surveys in respect of all three
routes?

2. Does the Commission consider that the construction

of this high-speed rail connection will endanger
significant European biotopes and animal species?

3. Does the Commission take the view that the

construction of a rail link along one of these routes is
an infringement of EC directives, since serious and
irreparable ecological damage may result to animal
species, biotopes and resting and wintering places
which are of European significance? Could this lead
to an infringement of Directive 79/409/EEC on the
conservation of wild birds?

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

_(21 September 1990)_

The Commission has received several letters referring to
the environmental problems caused by the planned TGV
link between Avignon and Frejus.

4. 2. 91 Official Journal of the European Communities No C 28/29

It is not aware of any environmental impact studies having
been carried out, as should have been the case under
French law. However, Directive 85/337/EEC (') does not
require Member States to notify the Commission
automatically of any impact studies carried out on their
territory.

The Commission considers that a study of this kind is all
the more necessary given that the TGV is likely to
endanger a species listed in Annex I to Directive
79/409/EEC ( [2] ): Bonelli's eagle, currently the subject of
an ACE project to restore population levels.

The Commission has therefore approached the French
authorities for further information on the measures they
are envisaging for the protection of this species.

(') O J N o C 175,5.7. 1985, p. 40.
O OJ No L 103, 25. 4. 1979, p. 1.

WRITTEN QUESTION No 1691/90

by Mr Ferrucio Pisoni and Mr Joachim Dalsass (PPE)

to the Commission of the European Communities

_(5_ _July 1990)_

(91/C 28/56)

_Subject:_ Advisability of speeding up Austrian accession to
the European Community

Austria's application to accede to the European
Community is of long standing. Has a start been made on
the accession negotiations that have been announced,
and, if so, what point has been reached?

In view of the fact that Austria has been pursuing a policy
of bringing its domestic structures and regulations into
line with Community arrangements ever since it expressed
a wish to accede to the Community and that, as regards
the question of links between the Member States, its
geographical location is no obstacle whatever to
completion of the internal market, does the Commission
not believe that it would be appropriate to speed up the
accession process?

Answer given by Mr Andriessen
on behalf of the Commission

_(26 September 1990)_

As the Honourable Member will be aware, the Council
has not yet taken a decision on whether to start accession
negotiations following Austria's application on 17 July
1989. The Council has opened the procedures prescribed
in the three Treaties (Article 237 of the EEC Treaty,
Article 205 of the EAEC Treaty and Article 98 of the
ECSC Treaty) which provide for obtaining the opinion of
the Commission.

The Commission is currently working out its position.
This stage includes technical discussions with the Austrian
authorities with the aim of providing the Commission
with all the information it needs. The Commission is

doing all it can to complete this stage quickly.

With a view to the creation of a big European Economic
Area (EEA) to coincide with completion of the
Community's internal market, negotiations between the
Community and the EFTA States were opened on 20 June
1990.

Here the aim is to apply the principle of the 'four
freedoms' and step up cooperation through joint action in
other areas which are also relevant to possible Austrian
accession.

WRITTEN QUESTION No 1707/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(5_ _July 1990)_

(91/C 28/57)

_Subject:_ Protection of walruses

The amendment to the annexes to Council Regulation
(EEC) No 3626/82 (') on the implementation of the
Convention on international trade in endangered species
of fauna and flora to include raw and worked ivory
derived from African elephants is welcome.

In view of the fact that as a result of protective measures
in favour of elephants, walruses are now under attack for
their tusks (which can be used as a substitute for elephant
ivory), will the Commission consider extending
protection to walruses?

(') OJNoL384,31. 12. 1982,p. 1.

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

_(21 September 1990)_

The Commission would refer the Honourable Member to

the reply to the Oral Questions H-603/90 by Mr Martin
and H-691/90 (') by Mr Morris which it gave during
question time at Parliament's June 1990 part-session and
to its joint answer to Written Questions No 1417/90 by
Mr Welsh ( [2] ), No 1490/90 ( [2] ) and No 1576/90 by Mr
Bird ( [3] ).

(') Debates of the European Parliament No 3-391 (June 1990).
( [2] ) See page 20 of this Official Journal.
O OJNoC233, 17. 9. 1990, p. 56.

No C 28/30 Official Journal of the European Communities 4. 2. 91

WRITTEN QUESTION No 1744/90

by Mr Lyndon Harrison (S)

to the Commission of the European Communities

_(12 July 1990)_

(91/C 28/58)

_Subject:_ Transposition into national law of Directive
85/337/EEC on the assessment of the effects of

certain public and private projects on the
environment

The Commission's 1988 report of compliance with
Community law _(_ _[l]_ _)_ states that at 4 July 1988, only five
Member States had informed the Commission of their

national implementing measures for Directive
85/337/EEC ( [2] ).

1. How closely do the measures adopted in those
countries reflect the provisions of the directive, if at
all?

2. Are there still any Member States in which the
directive has not been implemented, and if so, which
ones?

3. What action has the Commission taken or does it

intend to take against these Member States?

(') OJNoC330, 30. 12. 1989.
( [2] ) OJ No L 175,5.7. 1985, p. 40.

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

_(21 September 1990)_

The Commission wishes to inform the Honourable

Member that, at 15 July 1990, 10 Member States have
adopted measures transposing the Directive.

The situation is as follows in the case of the following
countries:

(a) Belgium, Spain, France, Ireland and the Netherlands
are the subject of infringement proceedings for
failure to transpose the provisions adopted or for
transposing them in part only;

(b) an initial assessment of the laws passed in Denmark
and the United Kingdom has not led the Commission
to initiative infringement proceedings so far for
failure to transpose the provisions or for transposing
them in part only;

(c) the Commission is examining the conformity of the
provisions of national law adopted by Italy, the
Federal Republic of Germany and Portugal.

Luxembourg and Greece are the subject of infringement
proceedings for failure to communicate the measures
transposing the Directive into national law.

WRITTEN QUESTION No 1747/90

by Mr Chiabrando, Mr Borgo, Mr Contu, Mr Gaibisso, Mr
Mottola, Mr F. Pisoni and Mr N. Pisoni (PPE)

to the Commission of the European Communities

_(12 July 1990)_

(91/C 28/59)

_Subject:_ Excise duties on alcoholic beverages

Having regard to the regulations and proposals of the
Commission and the Council on harmonizing excise
duties on alcoholic beverages,

Having regard to the fact that there have been problems in
adopting the 1987 Commission proposals which provided
for single, fixed tariffs with effect from 1993,

Whereas nowadays little or no duty is paid on most of the
wine consumed in Europe,

Whereas the new proposal (COM(89) 527 final)
nevertheless provides for the imposition of duties and
fixes a minimum limit, leaving the high rates undecided
and postponing harmonization until after 1993,

Whereas the new system, which provides for the
introduction of duties in most countries, penalized the
wine sector too heavily and is in any case highly
discriminatory in respect of the wine-producing
countries, which are faced with the prospect of a long
transitional phase, with negative consequences,

Having regard to the fact that, in the wine-producing
countries which do not currently pay excise duties, wine
would be taxed at 50% of the final tariff, with serious
repercussions for producers and consumers and hence a
slump in sales, while in the northern countries, where
excise duties are currently very high, there would be no
scaling-down of such duties to bring them into line with
the others and no reduction in prices, which could have
negative repercussions in the producer countries.

1. Can the Commission state why it wishes to introduce a
tax which is not applied nowadays in most of the
Member States?

2. Why has no provision been made, at least, for a single
tariff as close as possible to a zero rate?

3. Why, in any case, is there no provision for maximum
tariffs as well as minimum tariffs, with a view to
achieving more balanced convergence towards a
unified system?

4. Is the Commission aware that such a directive may
prove to be destabilizing for the already-delicate wine
sector?

^ . ^ official Journal of the European Communities ^oC^B^d

Answer ^iv^^^y^^rs scrivener
or^heh^oft^e Commission

^ince,asageneral rule,^iemher states do in fact charge
duty on fortified wines and ^with moreexceptions^ on
sparkling wine, it will he assumed that the question raised
hytheflonourahleAiemhers refers only to still lightwine.
Even so, however, six ^viemher states already charge an
excise duty on such wine under all circumstances,
moreover, in other ^demher states special duties are
charged onstill light wine undercertaincircumstances.
Bearing that in mind, it should he noted that s i n c e t ^ ^ it
has heen the Commissions constant policy to include
duties on all wine in the Community^sharmoni^ed system
of excise duties ondrinks.The reason for that policy is
that it wouldheunreasonahle to expect ^iemher^tates
whichdonot produce wineto exempt that drink while
continuing to tax their own national competingproducts.

In the Commissions view, the wineratesproposed are
already set at the optimum levels.

There is in fact provision for maximum tariffs^^viemher
states with national rates exceeding the target rates may
not increase their rates for any reason. The effort to he
made over timehythesehightaxing^vlemher^tatesto
converge to the target rates is therefore certainly no less
than that heing requested of ^demher states with current
rates helow the proposed minima.

The proposed minimum rate of ECL^O,^Otperhottle^
considerahly less than a standard rate of VAT r^a tax
chargedon winehy all^viemher^tates^ ^ adds to the
retail selling price of even the cheapest wine. Effects other
than negligihleones^in marginal areas of the m a r k e t s
are therefore unlikely. In any event, the instruments
developed under theTreaty^sagricultural provisions are
the proper corrective mechanism should action prove

necessary.

W ^ T T E ^ C ^ U E ^ T t ^ ^ ^ o t ^ ^ ^ B ^ O

hy^rlvianfredVohrer^Lu^

to the Commission of the European Communities

^ ^ ^ ^

^PBC^BDO^

^ ^ c ^ . safety standards of agricultural vehicles

is the Commission aware that, in Prance, trailers of
agricultural vehicles may he fitted withahydraulichrake
as well as with an overrun hrake, whereas (German
farmers areprohihitedfromusingthis safety devicehy
national law,although it is more efficient compared with

a suhsequently installed air hrake^ ^ince, as a rule,
tractors are already fitted with hydraulic systems, would
this provide not onlyasafer hut alsoacheapersolutionB

What plans does the Commission have to ensure that, in
future, Community citizens who wish to introduce the
higher safety standardsofaCommunity^iemher^tate
into their own country are notprevented from so doing hy
national legislations

Answer ^ivenhy^rBan^emann
on hehaif of the Commission

The Commission is aware of the situation in Prance and

Germany with regard to the hraking systems of
agricultural trailers.

While Community rules already exist for wheeled
agricultural and forestry tractors, there are no such rules
for agriculturaltrailers,or indeed any sort of agricultural
machinery other than tractors. The Commission is
currently lookingintothehest way of filling this gap,
possihly within the framework of the proposal for the
amendmentof the machinery Mirective.

W ^ l T T E ^ ^ E ^ T l C ^ ^ ^ o ^ ^ B ^

hylvlrThomas^aher^LL^

to the Commission of the European Communities

^ ^ ^ ^

^ ^ c e l n ^ p o r t a t i o n and distrihution of poteen in the
Repuhlicoflreland

Can the Commission say if the Irish Government is
entitled, under Community competition rules, to han the
importation and distrihution of poteen in the Repuhlic of
Ireland^

Answer^ivenhy^rBan^emann
on hehaif of the Commission

Lender the provisions of the EEC Treaty on the free
movement of goods, as interpreted hy the Court of
Justice, thelrish Government is entitled toregulate all
matters relating to the production and marketing of
alcoholic heverages in its own country. Plowever,
according t o t h e s a m e c a s e l a w o f t h e C o u r t, alcoholic
heverages may he imported and marketed if they have
heen lawfully produced and marketed in one of the
^viemher states.

With respect to poteen, the Commission has instigated an
enquiry in order to clarify to what extent this type of

No C 28/32 Official Journal of the European Communities 4. 2. 91

alcohol is produced and marketed in other Member
States. The Commission would be grateful if the
Honourable Member could provide it with any specific
information at his disposal.

WRITTEN QUESTION No 1787/90

by Mr Florus Wijsenbeek (LDR)

to the Commission of the European Communities

_(13 July 1990)_

(91/C 28/62)

_Subject:_ VAT on receipts generated by amusement parks

Can the Commission state how it is possible that in a
Member State, in this case France, a lower rate of VAT is
levied on the admission prices charged by amusement
parks on the grounds that such parks have a cultural
value?

Is it correct that this has come about because an

agreement to this effect was concluded with Walt Disney
Inc. and that other amusement parks had therefore to be
granted the same reduced VAT rate?

Does the Commission not take the view that this distorts

competition, in particular with regard to amusement
parks sited in border areas?

Is the Commission prepared to take steps in this
connection and, if so, what will they be ?

Answer given by Mrs Scrivener
on behalf of the Commission

_(27 September 1990)_

At present under Community VAT legislation (') Member
States are, subject to certain conditions, free to levy VAT
on goods and services at whatever rates they choose.

The Commission however put forward a series of
proposals in 1987 for abolition of fiscal frontiers in the
context of the completion of the internal market. One of
these proposals deals with the approximation of VAT
rates ( [2] ) in order to avoid distortions of competition and
deflections of trade in a single market without internal
frontiers. It proposes that from 1993 onwards, only two
rates of VAT should apply in the Community — a
reduced rate applying to goods and services of basic
necessity and a standard rate applying to everything else.
Under the Commission proposals as they stand,
admissions to amusement parks would in future be liable
to VAT at the standard rate. However at its meeting of 18
December 1989, the ECOFIN Council of Ministers
decided that reduced rates of VAT would apply to
essential goods and services meeting a social or cultural

policy objective, to be jointly defined. They also decided
that the necessary decisions on the scope of the reduced
rate band would be taken before 31 December 1991.

Discussions are therefore continuing in the Council
framework on the coverage of the reduced rate band. It is
not possible at this stage to predict the outcome in so far
as the VAT treatment of admissions to amusement parks
in concerned.

O Sixth VAT Directive (77/388/EEC, Article 12), OJNo L 145,

13.6.1977.

O COM(87) 321 final.

WRITTEN QUESTION No 1802/90

by Mr Alexander Langer (V)

to the Commission of the European Communities

_(13 July 1990)_

(91/C 28/63)

_Subject:_ Insufficient consultation of the representatives
of health practitioners and patients in the field of
homeopathic and anthroposophical medicine

During the preparatory work for the proposal for a
directive (COM(90) 72 final - SYN 251) on the
approximation of the laws of the Member States on
medicinal products and laying down additional provisions
on homeopathic medicinal products, certain associations
of doctors, health practitioners and pharmaceutical
specialists directly involved in this field were consulted.
However, not all the sectors involved appear to have been
consulted. In particular, I would ask why the European
Federation of Natural Medicine Users (EFNMU) was not
consulted, why, as a more general rule, no patients'
representatives were consulted and why consultation
seems to have been confined to certain Member States

only, while countries such as Italy, Spain, Portugal,
Greece and others — where alternative rather than

traditional medicine is practised and is becoming
increasingly widespread — were not consulted.
Moreover, the results of the conference held in
Montecatini in May 1989 do not appear to have been
given due consideration. There still seems to be
unreasonable mistrust of and prejudice against
anthroposophical medicine in particular.

Why was there no procedure aimed at the broadest
possible consultation of all representative groups? How
does the Commission intend to make up for this
shortcoming? How does it propose to make due
allowance also for minority therapeutic options and the
requirements of patients and health practitioners in
countries with a less widely developed tradition of
homeopathic and anthroposophical medicine?

4. 2. 91 Official Journal of the European Communities No C 28/33

Answer given by Mr Bangemann
on behalf of the Commission

_(6 September 1990)_

The Commission does not share the Honourable

Member's view that the representative organizations were
not properly consulted prior to the preparation of the two
proposals on homeopathic medicinal products ( [1] ).
Furthermore, the breadth of these consultations was
underlined in the explanatory memorandum
accompanying the proposals.

The particular difficulty of consultation as far as
alternative medicines are concerned is because of the large
number of organizations which claim to be representative
at the European or the international level, not to mention
the multiplicity of national organizations. In view of this
situation, the Commission had to address itself mainly to
the European or international associations of
manufacturers and health professionals claiming to
represent homeopathic and anthroposophical medicine.
The Commission was in particular represented at the
Montecatini conference to which the Honourable

Member refers.

With regard more particularly to the users of alternative
medicines, the Commission asked the opinion of the
Consumers Consultative Committee, which set up a
working party especially for this purpose. Furthermore,
the European Federation of Natural Medicine Users is
one of the various European organizations which the
Commission invited to a consultation meeting on
alternative medicines in Brussels on 26 April 1990.

Lastly, the current legal situation as far as these medicinal
products are concerned in the Member States and the
views of the competent national authorities represented
within the various consultative committees to the

Commission were also taken into account in drafting the
proposal.

O OJNoC 108, 1.5. 1990.

WRITTEN QUESTION No 1804/90

by Mr Michael Welsh (ED)

to the Commission of the European Communities

_(13 July 1990)_

(91/C 28/64)

_Subject:_ Problems encountered by British holidaymakers
in Tenerife

The attitude of the local authorities in the Canary islands
to tourists who get into trouble leaves much to be desired.
Among a flood of recent complaints a constituent of mine
was compelled to spend five weeks in Santa Cruz and
undertake a number of interviews before she was able to

obtain a medicinal certificate certifying the cause of her
husband's death while on holiday there. The original
certificate had been lost as a result of official negligence.
Given that this is the European Year of Tourism, what
steps will the Commission take to remind the Canary

islands administration of their obligation to show due
care and consideration for Community citizens on
holiday, particularly when they are the victims of theft,
accident or sudden bereavement?

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

_(14 September 1990)_

The problems mentioned by the Honourable Member
were indeed unfortunate and the Commission would

agree that authorities everywhere should be more
sensitive to tourist's needs, particularly in crisis situations
such as a bereavement.

The Commission, through its tourism policy, is constantly
trying to bring about improvements in this area. However,
the impetus rests with the national authorities to maintain
high standards of services and in this context the
Commission can only act in an advisory capacity.

The Commission would like to point out that the
problems in the Canary islands mentioned by the
Honourable Member will be raised at the appropriate
fora. For this purpose, the Commission has forwarded a
copy of your complaint to the appropriate authorities of
the Canary Islands.

WRITTEN QUESTION No 1805/90

by Mr Pedro Pacheco Herrera (ARC)

to the Commission of the European Communities

_(13 July 1990)_

(91/C 28/65)

_Subject:_ The Donana National Park (Andalusia)

In view of the following essential problems facing the
Donana National Park, namely desertification, loss of
sources of fresh water from the Madre de las Marismas,
the pollution of the waters of the park, and above all, the
Almonte Marismas Agricultural Redevelopment Plan
which has brought large areas under irrigation over the
last five years, despite the earlier reports made by experts
to both the Spanish and Andalusian Governments
concerning the ecological effects of such irrigation,

— what steps is the Commission taking to make the
Spanish Government aware of the full picture of the
situation in Donana?

— does the Commission not believe that the Spanish
Government should be urged to set up a commission
of experts to identify the problems facing Donana

No C 28/34 Official Journal of the European Communities 4. 2. 91

due to the loss of its underground water resources
and to put forward proposals for saving the National
Park?

— does the Commission not believe that the financial

resources required by such a commission of experts in
order to carry out its tasks should be allocated as
soon as possible?

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

_(21 September 1990)_

With regard to the situation in the Donana National
Park, the Commission issued a press release last July
which read as follows:

'During 1987 and 1988 the Commission received several
complaints pointing to the serious ecological threat facing
the marshland area of Dofiana-Huelva, which has been
designated as a special protection area under Directive
79/409/EEC (') on the conservation of wild birds.

Having investigated these complaints, the Commission
takes the view that this region is currently undergoing a
process of gradual deterioration which could cause
irreversible damage to the site. Over-exploitation of the
ground water by agricultural activity (rice fields which
form part of the Almonte-Marismas Plan currently being
developed) and activities linked to tourism (expansion of
the Matalascanas seaside resort) has already affected the
level of the water table. The increase in the volume of

ground water extracted for irrigation and for the tourists
industry has led to the drying-out of a number of lagoons
in the special protection area.

In addition, there are a number of more direct threats
which are contributing to the deterioration of this area
and the surrounding area: pollution of the surface water
by pesticides and fertilizers, illegal fishing of red crayfish
and intensive poaching.

The Commission considers that the Spanish authorities
have failed to take the necessary steps to prevent the
pollution, the deterioration of habitats and the disruption
of the bird fauna in the Donana region. Accordingly, it
has sent the authorities a letter of formal notice, which
opens the infringement proceedings.

(. . .) It should be pointed out that the infringement
proceedings in question relate specifically to the
ecological effects of the Almonte-Marismas plan and the
activities in the resort of Matalascanas. The Commission

is currently looking into other complaints which have
reached it recently concerning the new Costa-Donana
project.'

The Commission is awaiting a reply from the Spanish
Government, which is responsible for finding appropriate
solutions and deciding how they are to be implemented.

O OJNoL 103,25.4. 1979, p. 1.

WRITTEN QUESTION No 1832/90

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 28/66)

_Subject:_ Failure by Belgium and Luxembourg to comply
with Directive 85/584/EEC on the right of
establishment in the field of pharmacy

In April 1989 the Commission began infringement
proceedings against Belgium and Luxembourg for failing
to transpose into their legislation Council Directive
85/584/EEC O of 20 December 1985 amending, on
account of the accession of Spain and Portugal, Directive
85/433/EEC ( [2] ) concerning the mutual recognition of
diplomas, including measures to facilitate the effective
exercise of the right of establishment in the field of
pharmacy. What stage have these proceedings reached?

O OJ No L 372, 31. 12. 1985, p. 42.
O OJNoL253,24.9. 1985, p. 37.

Answer given by Mr Bangemann
on behalf of the Commission

_(10 September 1990)_

The proceedings referred to by the Honourable Member
have continued. Since neither of the Member States in

question has taken steps to ensure the full and proper
transposition of the Directive concerned, the Commission
has referred both cases to the Court of Justice.

WRITTEN QUESTION No 1841/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 28/67)

_Subject:_ Hunting of migrant birds

Can the Commission give figures or estimates for catches
in all the Member States of the following bird species:

— woodpigeon,

— thrush,

— lark,

— plover,

— graylag goose?

4. 2. 91 Official Journal of the European Communities No C 28/35

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

_(5 October 1990)_

The information requested can be found in part in the
reports for 1988 sent by the Member States with respect to
the derogations communicated under Article 9 of
Directive 79/409/EEC, which the Commission is sending
to the Honourable Member and the Secretariat of the

European Parliament.

WRITTEN QUESTION No 1860/90

by Mr Proinsias de Rossa (CG)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 28/68)

_Subject:_ Petition No 398/89

With reference to the Commission's answer to Petition

No 398/89 by the Womanagh Valley Protection
Association (Ireland), will the Commission state in what
way the Irish High Court judgment fails to comply with
the direct effect of Directive 85/337/EEC (*) and is the
Commission satisfied that the Irish Government's

Statutory Instrument 385 of 1989 gives effect to Directive
83/337/EEC?

(') OJNoL 175,5.7. 1985, p. 40.

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

_(18 September 1990)_

The Commission considers that the Irish High Court did
not properly apply the jurisprudence of the Court of
Justice of the European Communities in finding that the
Irish Planning Appeals Board, in the absence of full and
proper Irish transposition of the Directive, was under no
obligation in regard to the provisions of Directive
85/337/EEC (environment impact assessment).

The Court of Justice has established the principle that
even when a directive is not fully and properly transposed,
public authorities are obliged to give effect to provisions
that are clear, precise and unconditional.

The Commission considers that Directive 85/337/EEC

contains provisions that are clear, precise and
unconditional and applicable to the Merril-Dow project
as well as other projects, and that a body such as the Irish
Planning Appeals Board should be considered as under a
duty to respect such provisions.

The Commission is currently examining S.I.385 of 1989 as
well as other measures to ascertain whether or not there is

now a full and proper transposition of Directive
85/337/EEC by Ireland.

WRITTEN QUESTION No 1878/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 28/69)

_Subject:_ Safety of nuclear power stations in Central and
Eastern Europe

According to highly alarming but reliable reports — in
particular from Mr Lutz Mez of the Berlin Institute for
Energy and Environmental Policy — since 1976 a number
of very serious accidents have been only narrowly avoided
in nuclear power stations in Central and Eastern Europe,
which would have been potentially even more destructive
than the Chernobyl disaster, seriously affecting not only
the countries directly concerned but also a large part of
northern Germany and Scandinavia. The nuclear power
station most frequently cited is situated in Lubmin, near
Greifswald, on the Baltic coast. Nevertheless, the
outdated technology used for the entire process from
energy production to waste disposal is also a feature of
some 60 Soviet-type power stations built in
Czechoslovakia, Bulgaria, etc. In 1988, 242 incidents and
122 serious malfunctions were recorded at the Lubmin

plant necessitating 18 shutdowns. Even so, this 'Northern
Chernobyl' is potentially less dangerous than, for
example, the complex 10 times the size which was built
and has been extended over the last 15 years at Stendal,
near Magdeburg.

A list of the most serious shortcomings has been drawn up
by teams of western experts in cooperation with their
Eastern European counterparts, so that there will be no
need to count on the recurrence of 'miracles' such as those

which occurred in 1976 and 1979 to protect the
workforce, the inhabitants and the environment.

What is the Commission's opinion concerning ways and
means of taking the necessary remedial action —
including decommissioning — to cope with hazardous
nuclear power stations in Central and Eastern Europe?
What resources have been mobilized for this purpose and
with what results to date?

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

_(17 September 1990)_

The safety of any nuclear installation is the responsibility
of the state where the installation is situated. As the

Euratom Treaty only applies to Member States of the
European Community, the Commission's power to check
environmental monitoring and adherence to Community
basic safety standards and norms does not extend to
Eastern and Central Europe.

However, the Commission is aware of the existing nuclear
safety situation in Central and Eastern Europe and works

No C 28/36 Official Journal of the European Communities 4. 2. 91

regularly in close collaboration with the International
Atomic Energy Agency (IAEA) which is currently
carrying out safety examinations of nuclear installations
at the invitation of the governments of certain Eastern
and Central European Countries. These examination are
carried out within the framework of the IAEA OSART

(Operational Safety Review Teams) and ASSET
(Assessment of Safety Significant Events Teams)
missions, and also, within the framework of a recently
established IAEA extra-budgetary project for the safety
of older reactors, which will address in the first place the
safety of the first generation, light water reactors of
Soviet design. The demand for Community and IAEA
support to Eastern European Member States is expected
to continue in the medium term and experts from the
Commission will be involved in future safety
examinations.

The Commission is therefore conscious of the importance
of improved communication with Central and Eastern
Europe in this field and has set as a priority to promote
contacts, exchanges and support actions in the framework
of the PHARE programme and other bilateral
cooperation agreements that will include specific
cooperation in nuclear safety matters. This bilateral
cooperation will complement and, where appropriate,
expand the multilateral cooperation which is implemented
in the framework of the IAEA.

WRITTEN QUESTION No 1890/90

by Mr Adrien Zeller (PPE)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 28/70)

_Subject:_ Enforcement by the German courts of judgments
handed down in France

What representations does the Commission intend to
make to the German Government to secure the

enforcement of judgments handed down in France against
the Munich firm HOME VERTRIEB for infringements
of French leigslation (Law No 89-421 of 23 June 1989),
against which a large number of complaints have already
been registered with the Commission by private
individuals?

More generally, what measures does the Commission
intend to propose to harmonize legislation on mail-order
sales or 'money-chain' lotteries, which particularly afflict
French nationals, especially in areas bordering on
Germany?

Answer given by Mr Van Miert
on behalf of the Commission

_(14 September 1990)_

The HOME VERTRIEB practices described by the
Honourable Member have already been brought to the

Commission's attention, in particular by a number of
French consumers who received several offers of

purchases together with a certificate indicating substantial
profits.

Although French law No 89-421 of 23 June 1989 laid
down rules to be observed in advertising operations such
as those carried out by the German firm HOME
VERTRIEB, the recent entry into force of these
provisions (29 December 1989) means that it is not yet
possible to assess the importance of judgments delivered
on this basis. Even so, it would appear that HOME
VERTRIEB's activities in France remained unchanged
after this date.

It appears equally clear that French courts have previously
delivered judgments on the basis of the law of 27
December 1973 on misleading advertising, and no action
has been taken in the wake of these judgments. According
to the information at the Commission's disposal, it is not
certain that those who made the complaints in this matter
had recourse to the legal remedies available. In particular,
there is no proof that any steps were taken in national
courts to have recourse to the amended convention of _27_

September 1968 on jurisdiction and the enforcement of
judgments in civil and commercial matters. Article 5 of the
convention, known as the Brussels Convention, states that
'a person domiciled in a Contracting State may . . . be sued
. . . in matters relating to a contract, in the courts for the
place of performance of the obligation in question'.
Article 26 of the Convention further stipulates that 'a
judgment given in a Contracting State shall be recognized
in the other Contracting States without any special
procedure being required'.

The Commission would also point out that Directive
84/450/EEC (') of 10 September 1984 concerning
misleading advertising could be cited in this matter since
the Member States were required to take the necessary
measures by 1 October 1986.

As the operations of the German firm in question are of a
commercial nature, reference could be made to Article 4
of the abovementioned Directive, in particular
paragraph 2 thereof, which reads as follows:

'Under the legal provisions referred to in paragraph 1,
Member States shall confer upon the courts or
administrative authorities powers enabling them, in cases
where they deem such measures to be necessary taking
into account all the interests involved and in particular the
public interest:

— to order the cessation of, or to institute appropriate
legal proceedings for an order for the cessation of,
misleading advertising, or

— if misleading advertising has not yet been published
but publication is imminent, to order the prohibition
of, or to institute appropriate legal proceedings for an
order for the prohibition of, such publication . . .'

4. 2. 91 Official Journal of the European Communities No C 28/37

Finally, on a more general note, a number of commercial
practices, in particular because of certain sales techniques,
and especially in areas adjacent to borders, have given rise
to justifiable concern on the parts of consumers.

The Commission has therefore made provision, as part of
its measures on transactions in its three-year action plan
(1990—92) for a Community consumer protection policy,
for studying a proposal for a Directive on agreements
concluded from a distance. It remains to be seen whether

provisions on 'money chains' can form part of such a
proposal or whether they will require a specific
framework.

O OJ No L 250, 19.9. 1984, p. 17.

WRITTEN QUESTION No 1896/90

by Mr Jean-Claude Pasty (RDE)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 28/71)

_Subject:_ New provisions in respect of foot-and-mouth
disease

The recent agreement reached by the Council of
Ministers for Agriculture on 25 and 26 June 1990 provides
for a general ban, as of 1 January 1992, on vaccination
against foot-and-mouth disease throughout the European
Community.

Many breeders, particularly in central France, are,
justifiably, deeply concerned that the measure provided
for if any source of infections occurs may prove to be
inadequate.

What guarantees will be given to breeders in the case of
the outbreak of an epizootic disease necessitating the
mass slaughters of livestock, given that no conclusive
precedents have been established in this respect by the
outbreaks of swine fever and bovine spongiform
encephalopathy in Belgium and the United Kingdom
respectively?

Can the Commission specify the nature of the rigorous
border checks which it will have to introduce in order to

avoid any risk of contamination, since the Community as
a whole cannot be compared to Ireland, the United
Kingdom and the Danish peninsula, where vaccination is
currently prohibited?

Finally, can the Commission guarantee that supplies of
vaccine suitable for use should any sources of infection
occur will be distributed throughout the Member States in
such a way that immediate action can be taken where
necessary?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(24 September 1990)_

Under the provisions of the Council Decision on
expenditure in the veterinary field, adopted in June 1990,
a Member State may be reimbursed 60% of its costs
for slaughter and compensation for outbreaks of foot
and mouth disease. This may be increased at a later stage
if the situation warrants such action. Furthermore, all
necessary technical aid will be given, as was done
successfully in Italy in 1989, and financial aid is also
available to support the veterinary infrastructures where
needed.

The Commission will shortly present to the Council
its proposals for frontier checks. These will be based
on the existing rules laid down in Directive 72/462/
EEC ('), on health conditions for importation of bovine
animal and swine and fresh meat from third countries,
as amended during the Council referred to previously.
Furthermore, the Commission has maintained a policy
of supporting action against foot and mouth disease
where it exists near the Community frontiers, as, for
example, in Turkey. This will continue, wherever
a risk is foreseen, to help prevent incursion of this
disease.

Under the terms of the recently adopted policy, the
Commission will support a reserve of antigens in each
Member State which requests this support, and will also
establish Community reserves at strategic points. Given
the rapidity of air transport, and the current state of
vaccine production technology, vaccine can be delivered
where it is needed, under the planned system, within 48
hours of the first outbreak.

O OJNoL302,31. 12.1972.

WRITTEN QUESTION No 1900/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 28/72)

_Subject:_ Price and sale of motor cars inquiry

When does the Commission expect that its inquiry into
the pricing and selling of motor cars will be completed?

No C 28/38 Official Journal of the European Communities 4. 2. 91

Answer given by Sir Leon Brittan
on behalf of the Commission

_(11 September 1990)_

By means of request for information sent to 16 car
manufacturers, under the provisions of Article 11 of
Council Regulation No 17/62 ('), the Commission is
seeking to establish whether there exist, for each
manufacturer's highest-selling models and with particular
regard to car-producing Member States, price
differentials above the threshold of 12 % indicated in the

Commission notice concerning Regulation (EEC)
No 123/85 ( [2] ) on car distribution agreements.
Furthermore it is endeavouring to. clarify whether
manufacturers offer, without any benefit to the
consumer, different versions and specifications in order
to make price comparisons difficult and to favour market
segmentation.

In response to an extensive questionnaire, voluminous
information has been submitted to the Commission. Some

replies are incomplete and the companies concerned have
been asked to correct this. In view of the urgency of this
matter, the Commission has nevertheless begun its
evaluation. It should be possible to draw first provisional
conclusions in October of this year.

(') OJ No 13,21.2. 1962, p. 204/62.
O OJNoL15, 18. 1.1985,p. 16.

WRITTEN QUESTION No 1901/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 28/73)

_Subject:_ Efficiency standards for manufactured domestic
goods

What proposals does the Commission intend to bring
forward to require minimum energy efficiency standards
in newly manufactured domestic goods such as
refrigerators ?

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

_(5 October 1990)_

The Commission is currently examining, within the
programme for improving the end-use efficiency of
electricity, a series of measures aimed at the domestic
appliance sector. Among the measures being examined is
the possibility of requiring minimum energy efficiency
standards for domestic appliances. The European
Standards body, CEN/CENELEC, has recently
completed work on refrigerators and freezers but is still
some way from European standards for other domestic

appliances. Concrete proposals on the appliances for
which European standards already exist will be made as
soon as the Commission's examination has been

completed.

WRITTEN QUESTION No 1931/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/74)

_Subject:_ The Coto Donana National Park

Dr Armon Llamas, Professor of Hydrogeology at the
Complutense University of Madrid and a recognized
authority of the subject, has just summarized in a brief
article (in the journal _Cause 2000,_ Madrid, May and June
1990) his numerous studies on the Coto Donana.

In the article he refers to the fact that the Commission

has, on a number of occasions, accused the Spanish
Government of failing to comply with certain European
directives on environmental matters. He goes on to point
out that it is impossible to comply with Spanish laws since
the Government itself has recently acknowledged that the
Guadalquivir Hydrographic Society has only 'two experts
on underground water'. He also says that Spanish policy
on water management continues to use its old structuralist
models which are in conflict with the criteria used in the

most advanced countries.

Since the Coto Donana is the largest and perhaps most
important nature reserve in the Community, can the
Commission explain why the situation continues to
deteriorate, despite the fact that the Spanish Government
acknowledges in theory the importance of the Coto
Donana, the management committee of which is chaired
by the Deputy Prime Minister?

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

_(3 October 1990)_

The Commission is unable to answer the question asked
by the Honourable Member. The fourth paragraph of
Article 130r of the Treaty provides for the Member States
to apply measures at Community level.

The Commission must confine itself to ensuring that
Community provisions are actually applied (Article 155 of
the Treaty).

Since it takes the view that this is not the case as regards
the Donana Park, it has decided to start proceedings
against Spain under Article 169 of the Treaty.

4. 2. 91 Official Journal of the European Communities No C 28/39

WRITTEN QUESTION No 1940/90

by Mr Herman Verbeek (V)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/75)

_Subject:_ Interpol and personal data protection

1. Is the Commission aware of the resolution by the
Parliamentary Assembly of the Council of Europe (Doc.
6081, 4 July 1989), expressing concern that the
International Criminal Police Organization, Interpol,
transmits by computer personal data to all member
countries (including Iran, Chile and Libya; see also
_L'Express_ of 1 December 1989), without the individual
citizens or governments having any possibility of
monitoring — and even less influencing — Interpol
operations, since the French Government (where Interpol
has its headquarters) has granted Interpol legal immunity?

2. Is the Commission aware of articles appearing in the
American publication _Freedom_ (January/February 1989
and May /June 1989) once more drawing attention to the
active involvement of representatives of Interpol's
national bureaux in drug trafficking?

3. Can the Commission urge the French Government
to review its agreements with Interpol so that the
organization can be made subject to independent
supervision?

4. In connection with freedom of movement for

persons and services within the EC, is the Commission
prepared to draw up a directive without delay, providing
adequate guarantees for the protection of personal data
— both inside and outside the EC — in respect of citizens
resident in the EC, which Interpol could also be made to
respect?

Answer given by Mr Bangemann
on behalf of the Commission

_(26 September 1990)_

The Commission attaches great importance to the
protection of personal data as the right of privacy is one
of the fundamental rights of the individual. The
Commission is of the opinion that provision of effective
protection of personal data is one of the necessary steps
towards the realization of a European single market and
an essential right to European citizenship.

Although, as far as Interpol is concerned, the Commission
has no formal competence, the following comments may
be made:

1. The Commission has taken note of the two

propositions for a resolution on the use of personal
data by Interpol of the Parliamentary Assembly of the

Council of Europe (Doc. 6081, 4 July 1989 and Doc.
6179, 31 January 1990).

2. The Commission is not aware of the articles published
in the magazine _Freedom._

3. The Commission cannot insist on establishing any
supervision of Interpol by the French Government. It
seems, however, that a Controlling Committee for
data protection has been installed at Interpol
Headquarters.

4. The Commission would like to emphasize that on 18
July 1990 the Commission adopted a package of
proposals regarding the protection of personal data.
The proposed approach is designed to ensure a high
level of protection via a Community system of
protection based on a set of complementary measures.
The main proposal is a general directive aimed at
establishing an equivalent, high level of protection
throughout the Community, in order to remove the
obstacles to the data exchanges that are necessary if
the internal market is to function. Provisions

concerning import and export of personal data to or
from third countries are contained in this proposed
directive.

WRITTEN QUESTION No 1963/90

by Mr Luigi Vertemati (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/76)

_Subject:_ Preventive measures under the 'Seveso' Directive

The increased importance being attached to
environmental questions and the need for constantly
improved Community instruments for the protection of
public health necessitate the introduction of completely
new production processes which are frequently not
covered by existing regulations. In order to control
atmospheric pollution it is necessary to produce lead-free
petrol, encourage oil companies to develop special
refining techniques in order to obtain high-octane fuels
and to use catalysts such as sulphuric acid and
hydrofluoric acid, which may present additional risks in
the case of accidents.

Does not the Commission consider that it should take

appropriate measures in order to ensure the protection of
the public at all stages of production, transport and use of
new products?

More specifically does the Commission intend to
formulate specific preventive measures in implementation
of Directive 82/501/EEC (known as the 'Seveso
Directive') (')?

O OJ No L 230, 5. 8. 1982, p. 1.

No C 28/40 Official Journal of the European Communities 4. 2. 91

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

_(18 September 1990)_

Directive 82/501/EEC is concerned with the prevention
of major accidents which might result from certain
industrial activities. Installations such as oil refineries are

specifically covered by the Directive where the quantity of
dangerous substances on site exceeds a specified figure. In
practice, oil refineries usually come within the Directive
simply because of the quantity of highly flammable
liquids present.

Although oil refineries are therefore covered by the
Directive, the Commission is aware that new
technological developments may mean that processes with
the potential to cause a major accident may arise which
are not covered. The Commission has already begun a
fundamental review of Directive 82/501/EEC which,
amongst other things, addresses this issue.

WRITTEN QUESTION No 1971/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/77)

_Subject:_ Victims of apartheid

What is the annual budget for the EC victims of apartheid
budget line? How much and what proportion of the
allocated funds have been spent annually since its
inception?

Answer given by Mr Marin
on behalf of the Commission

_(27 September 1990)_

The financial resources for the European Community's
special programme of assistance for victims of apartheid
are made available under budget line 9530 of the
Community's general budget. In 1990 the amount
available under this budget line is ECU 30 million.

By mid-1990 it had been possible to approve 351 projects
for a total of ECU 101,3 million since the special
programme began in 1986, exhausting virtually all
budgetary allocations up to the end of 1989 (ECU 78,5
million) and already committing nearly 80% of the 1990
budget allocation of ECU 30 million.

WRITTEN QUESTION No 1978/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/78)

_Subject:_ Illegal trade in wild birds in Italy

On 25 October 1987 1 207 freshly killed robins were
found in a single restaurant on one day in Brescia.

In 1989 500 000 archetti traps were confiscated by the
Italian authorities, including 25 000 on one day in Brescia.

There appears to have been no decrease in illegal trapping
of birds between these two dates.

It is now 11 years since Directive 79/409/EEC (') on the
conservation of wild birds was adopted.

Can the Commission state:

1. the reasons for this continued illegal activity;

2. what assistance it is giving the Italian authorities to
enforce the Directive;

3. what further steps it intends to take to ensure full
compliance with this Directive in Italy?

O OJNoL 103,25.4. 1979, p. 1.

WRITTEN QUESTION No 1981/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/79)

_Subject:_ Italian referendum on hunting

In the recent referendum in Italy on the reform of the
hunting laws, 90% of those who voted expressed their
support for tighter restrictions on hunting.

In view of this massive expression of public support for
stronger controls, and of the fact that Italy has
persistently failed to comply with Directive
79/409/EEC (*) on the conservation of wild birds, what
further action does the Commission intend to take to

ensure that bird killing in Italy that is illegal under
Community law is ended?

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

4. 2. 91 Official Journal of the European Communities No C 28/41

Joint answer to Written Questions Nos 1978/90 and

1981/90 given by Mr Ripa di Meana

on behalf of the Commission

_(12 November 1990)_

The Commission would refer the Honourable Member to

its answer to Written Question No 1499/90 by Mr
Cooney ( [1] ).

(') See page 21 of this Official Journal.

WRITTEN QUESTION No 1986/90

by Mr Carles-Alfred Gasoliba i Bohm (LDR)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/80)

_Subject:_ Obstacles to freedom of movement for workers

Under the terms of its agreement with two trade union
organizations the Spanish Government has drawn up a
bill on trade union inspections of employment contracts,
which has been forwarded to the Spanish Congress of
Deputies.

Under this bill Spanish employers would be obliged to
provide workers' legal representatives and trade unions
with a copy of all written contracts concluded (except in
the case of top executive posts).

The workers' legal representatives would be required to
sign this copy before forwarding it to the employment
office.

What are the Commission's views on this proposal, which
could constitute an obstacle to freedom of movement for

workers from other Member States of the European
Community and an infringement of Article 48 (3) of the
Treaty of Rome?

Is the Commission aware of the existence in the other

Member States of equivalent legislation obliging
employers to forward a separate copy of each of their
employment contracts to the workers' legal
representatives, regardless of the wishes of the workers
themselves?

Answer given by Mrs Papandreou
on behalf of the Commission

_(18 October 1990)_

The Commission would point out to the Honourable
Member that the problems raised in his question are not

covered by Community rules. It takes the view that the
agreement concluded between the Spanish Government
and the two main trade unions meets specific
requirements within the framework of Spanish labour
legislation.

As regards the presumed infringements of Article 48 (3)
of the EEC Treaty, the Commission considers, on the
basis of the information available, that the inspection of
employment contracts provided for in the bill mentioned
by the Honourable Member does not constitute _per se_
either an infringement of Article 48 (3) of the EEC
Treaty, or an obstacle to freedom of movement for
workers within the Community.

The Commission is unaware of any legislation in other
Member States which has the same scope as the bill in
question.

WRITTEN QUESTION No 1995/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 28/81)

_Subject:_ Lack of a Community housing policy

Although housing is not one of the Community's areas of
competence, the Commission takes decisions which,
indirectly or through various programmes, concern this
sector. Is it not time at least to coordinate these measures?

Answer given by Mrs Papandreou
on behalf of the Commission

_(14 September 1990)_

As the Honourable Member points out, the Community
has no general jurisdiction in the field of housing.

However, since the birth of the European Communities
more than 35 years ago, the ECSC financial aid
programmes have enabled the Community authorities to
provide real support in the form of subsidized housing for
workers in the coal and steel industries.

The Commission also provides ad hoc housing assistance
for migrants, the disabled, and transfrontier workers.

The Commission would assure the Honourable Member

that it will bear in mind her suggestion for improving
cooperation between these specific measures as well as
with the exploratory work it is currently conducting in the
housing field in connection with the programme to
combat poverty and social exclusion.

No C 28/42 Official Journal of the European Communities 4. 2. 91

WRITTEN QUESTION No 2067/90

by Mrs Pauline Green (S)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 28/82)

_Subject:_ Commercial developments in the Coto Donana
Parque Nacional near Matalascanas Spain

Given that the Coto Donana National Park is arguably
the most important nature reserve in Europe and that it is
recognized by the EC as being a World Heritage Reserve,
has been designated a Biosphere Reserve under the
UNESCO 'Man and biosphere' programme and was
listed in 1982 under the Ramsar Convention on wetlands

of international importance, is the Commission aware
that it is now under threat from further commercial

tourist developments?

Will the Commission be requesting that the Spanish
authorities initiate an 'Environmental assessment' as

outlined in the Council Directive of 27 June 1985 on the

assessment of the effects of certain public and private
projects on the environment (85/337/EEC) (')?

O OJ No L 175,5.7. 1985, p. 40.

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

_(10 October 1990)_

The Commission has received several complaints about
tourist developments in the Donana region in southern
Spain.

It has, after having examined these complaints and
consulted the Spanish authorities on the subject, started
proceedings against Spain under Article 169 of the Treaty
as it believes that further tourist development in the
Donana will have a negative environmental impact on the
region.

WRITTEN QUESTION No 2091/90

by Mr Di Rupo (S)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 28/83)

_Subject:_ Fight against counterfeiting of medicines
protected by a patent

The third recital of the proposal for a Council directive on
the wholesale distribution of medicinal products for

human use (COM(89) 607 final) states that 'the
requirements which must be adopted will . . . allow more
effective efforts against counterfeit products'.

SCRIP, however, one of the biggest weeklies specializing
in general pharmaceutical news, reported only one case of
counterfeiting in the period from June 1989 to June 1990,
and the investigation has still not established the full
details of the matters at issue (SCRIP — World
Pharmaceutical News, 20 June 1990, No 1524, p. 2 —
Zantac case — Ranitidine (DCI) Glaxo).

Could the Commission indicate the scale of

counterfeiting taking place? Will it give a summary of the
information in its possession? Do statistics exist on the
subject?

Answer given by Mr Bangemann
on behalf of the Commission

_(25 October 1990)_

Despite its enquiries in this area, the Commission has
been unable to obtain reliable statistics on the scale of

counterfeiting of medicinal products protected by patents.
It does, of course, take place and this is recognized by
those concerned, even though it is regarded as relatively
confidential.

This being the case, the Commission considers that
counterfeiting must be combated more efficiently, and
that the proposal for a Council directive on the wholesale
distribution of medicinal products for human use (')
should make a contribution in this direction.

O COM(89) 607 final.

WRITTEN QUESTION No 2189/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 28/84)

_Subject:_ Implementation of the Birds Directive in Les
Landes (France)

Has the 'Federation departementale des chausseurs des
Landes' applied to the Commission, pursuant to the
Directive on the conservation of wild birds, for funds
under the Community action programme on the
environment? If so, has the request been granted?

Is it true that this organization does not observe a close
season for waterfowl in February and in the Summer in
the departement in question?

Is the Commission prepared to scrutinize implementation
of the Birds Directive in Les Landes before granting funds
to the abovementioned organization?

4. 2. 91 Official Journal of the European Communities No C 28/43

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

_(8 November 1990)_

The Commission would refer the Honourable Member to

its answer to Written Question No 1517/90 by Mr
Monnier-Besombes (').

O OJNoL312, 12. 12. 1990, p. 43.

WRITTEN QUESTION No 2265/90

by Mr Hemmo Muntingh (S)

to the Council of the European Communities

_(8 October 1990)_

(91/C 28/85)

_Subject:_ Council declaration on the environment

The 'Environmental imperative' declaration adopted by
the Council in June expressed the Council's concern at the
continuing and rapid destruction of tropical forests.

Is the Council similarly concerned at the continuing and
rapid destruction of the Community's important bird
habitats, and will it mandate the Commission to take firm
and far-reaching action to halt this destruction?

Answer

_(7 December 1990)_

The Council attaches great importance to the protection
of the environment, including the protection and
conservation of nature.

In that connection the Honourable Member's attention is

drawn to a certain number of acts that the Council has

adopted in this area.

On 2 April 1979 the Council adopted a Directive on the
conservation of wild birds ('), which provides _inter alia_
for measures to preserve, maintain or restore a sufficient
diversity and area of habitats.

That Directive was followed by the Council Decision of 3
December 1981 approving on behalf of the Community,
the Berne Convention on the conservation of European
wildlife and natural habitats ( [2] ) the Decision of 24 June
1982 on the conclusion of the Bonn Convention on the
Conservation of migratory species of wild animals ( [3] ),
Council Regulation (EEC) No 3626/82 of 3 December
1982 on the implementation in the Community of the
Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) ( [4] ) and
Regulation (EEC) No 2242/87 of 23 July 1987, replacing
Regulation (EEC) No 1872/84, on action by the
Community relating to the environment (ACE) ( [5] ). The
latter Regulation provides for the grant of financial
support for projects providing an incentive and aimed at

contributing towards the maintenance or re-establishment
of seriously threatened biotopes which are the habitat of
endangered species and are of particular importance to
the Community under, in particular, the 1979 Directive
on the conservation of wild birds.

In its resolution of 19 October 1987 on the fourth

European Community action programme on the
environment (1987—1992) ( [6] ) the Council stated that
measures to protect and improve Europe's natural
heritage were a field of priority action at Community
level.

In that context it should be pointed out that the Council is
at present examining a proposal for a Regulation an
action by the Community relating to nature conservation
(ACNAT) and a proposal for a Directive on the
protection of natural and semi-natural habitats and of
wild fauna and flora, the purpose of which is to establish a
coherent Community policy on the protection of nature,
taking as its starting point existing Community legislation
and the relevant international agreements, in particular
the Berne Convention mentioned above.

The proposal for a Directive provides in particular for the
setting up of a network of protection areas to preserve
vulnerable species of Community importance. The
Council awaits with interest the European Parliament's
opinions on those two proposals.

O OJ No L 103,25.4. 1979.
O OJNoL38,10.2. 1982.
O OJNoL210, 19. 7. 1982.
( [4] ) OJNoL384,31. 12.1982.
O OJ No L 207, 29. 7. 1987.
(') OJ No G 328,7. 12.1987.

WRITTEN QUESTION No 2279/90

by Mrs Christiana Muscardini (NI)

to the Council of the European Communities

_(15 October 1990)_

(91/C 28/86)

_Subject:_ Delays in actions aimed at preventing and
combating fires

Given the inadequacy of the measures and actions taken
by the Italian Civil Protection in dealing with the
numerous fires that struck several regions of Italy over the
summer, and considering that such fires struck all
Mediterranean areas in the Community; noting that,
despite Question No 479/89 (') in which the Council was
asked to set up a Community organization for the
prevention and combating of fires, no action has been
taken on this matter, not at national level, let alone at
Community level; I, therefore, request the Council to
ascertain the reasons for the delays in developing the
airborne anti-fire squad, teams of fire-fighters and all the

No C 28/44 Official Journal of the European Communities 4. 2. 91

other measures which should have been implemented in
order to deal adequately with this serious matter.

O OJ No C 39, 19.2. 1990, p. 22.

Answer

_(17 December 1990)_

The Honourable Member is asked to refer to the

Council's replies to her questions Nos 479/89 and
1953/90.

WRITTEN QUESTION No 2283/90

by Mrs Dorothee Piermont (ARC), Mr Alfred Lotnas, Mr
Michael McGowan, Mr Hugh McMahon, Mr Alex Smith
(S), Mrs Hiltrud Breyer (V), Mr Arthur Newens (S), Mr
Alexander Falconer (S), Mr Neil Blaney (ARC), Mr
Llewellyn Smith (S), Mr Kenneth Stewart (S), Mr Stephen
Hughes (S), Mr Jaak Vandemeulebroucke (ARC), Mr
Herman Verbeek (V), Mr Philippe Herzog (CG), Mr
Vassilis Ephremidis (CG), Mr Francis Wurtz (CG), Mr
Eugenio Melandri (V), Mr Maxime Gremetz (CG), Mrs
Birgit Cramon-Daiber (V), Mr Wilfried Telkamper (V),
Mrs Ulla Sandbaek (ARC), Mr Mario Melis (ARC), Mrs
Winifred Ewing (ARC), Mr Jens-Peter Bonde (ARC), Mr
Max Simeoni (ARC), Mrs Birgit Bjornvig (ARC), Mrs
Sylvie Mayer (CG), Mrs Eva-Maria Quistorp (V) and Mr
Juan Garaikoetxea Urriza (ARC)

to the Council of the European Communities

_(15 October 1990)_

(91/C 28/87)

_Subject:_ International decade for the abolition of
colonialism

1990 sees the 30th anniversary of the adoption of the UN
Declaration on the Granting of Independence to Colonial
Countries and Peoples. For this reason, in January 1989
the 43rd UN General Assembly designated the years
1990—2000 as the 'International decade for the abolition

of colonialism' (A/Res/43/47), calling on the SecretaryGeneral to submit an action plan to the 44th general
assembly designed to begin the 21st century with a world
free from colonalism.

The Council, the Commission and European Political
Cooperation have on various occasions expressed their
conviction that the inhabitants of the two German States

have the right to self-determination; the Foreign
Ministers meeting in EPC in Dublin on 21 April spoke in
favour of a negotiation solution leading to Lithuanian
independence.

Against this background, will the Council state:

1. In what way does the decade of decolonization affect
the EC and its Member States, since the last remaining
colonial countries and peoples include overseas

EC-associated countries and territories as well as

integral parts of certain Member States?

2. What specific measures does the Council propose to
introduce so as to contribute to the process of
self-determination and independence for the last
remaining European colonies during the period of the
UN Decade of decolonization?

Answer

_(17 December 1990)_

It is not for the Council to adopt positions on the political
and institutional relationship between Community
Member States and their overseas territories.

WRITTEN QUESTION No 2323/90

by Mrs Claudia Roth (V)

to the Council of the European Communities

_(18 October 1990)_

(91/C 28/88)

_Subject:_ Systematic annual HIV testing and examination
of EC employees and officials for HIV

Having regard to the conclusions of the Council and the
Ministers for Health of the Member States, meeting
within the Council, on 15 December 1988 concerning
AIDS and the place of work (OJ No C 28, 3. 2. 1989, p. 2),
with particular reference to Section III, point 7 (AIDS
screening);

Having regard to the case (T-l 1/90) case brought against
the Council of the European Communities now pending
before the Court of First Instance of the European
Communities;

Is it true that officials and other servants of the European
Communities are being subjected to official and
systematic tests for AIDS at their annual medical
examinations or before taking up employment, and if so,
does not the Council feel that this is contradictory to the
abovementioned conclusions? When does the Council

intend to discontinue automatic AIDS testing for officials
and other servants of the European Communities?

Answer

_(7 December 1990)_

The General Secretariat of the Council has not

introduced annual and systematic HIV tests for officials
and employees to be carried out on recruitment and at
annual medical check-ups.

Testing for HIV antibodies is merely available on an
optional basis. There is no discrimination against staff
depending on whether or not they have these tests carried
out or on the basis of the results of the tests where they
are performed.