Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 317
# Official Journal

Volume 35
### of the European Communities 3 December 1992

Volume 35

3 December 1992

##### Information and Notices

English edition

Notice No Contents Page

I Information

European Parliament

Written Questions with answer

92 / C 317 / 01 No 617 / 89 by Mr Fernand Herman to the Commission
Subject : Tax on business gifts ( Supplementary answer ) 1

92 / C 317 / 02 No 728 / 90 by Mr Alonso Puerta to the Commission
Subject : Quality of water in the municipality of Tudela ( Navarra — Spain ) 2

92 / C 317 / 03 No 864 / 90 by Mr Alonso Puerta to the Commission
Subject : Water quality in Andalucia 2

Joint supplementary answer to Written Questions Nos 728 / 90 and 864 / 90 2

92 / C 317 / 04 No 524 / 91 by Mr lb Christensen to the Commission
Subject : Release of a bank guarantee by the Spanish customs authorities ( Supplementary
answer ) 3

92 / C 317 / 05 No 864 / 91 by Mrs Solange Fernex to the Commission
Subject : Monitoring of arms sales in the Member States 3

92 / C 317 / 06 No 1651 / 91 by Mr Giacomo Porrazzini, Mr Roberto Speciale, Mrs Luciana
Castellina, Mr Mihail Papayannakis, Mr Alonso Puerta, Mr Giorgio Rossetti and
Mr John Iversen to the Commission

Subject : Gulf crisis and arms export policy 3

92 / C 317 / 07 No 1652 / 91 by Mr Jaak Vandemeulebroucke to the Commission
Subject : Imposing restrictions on the international arms trade 4

Joint answer to Written Questions Nos 864 / 91, 1651 / 91 and 1652 / 91 4

92 / C 317 / 08 No 1142 / 91 by Mrs Ria Oomen-Ruijten and Mr Maxime Verhagen to the
Commission

Subject : Community action programme on famine in Africa 5

Price : ECU 14 ( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 317 / 09 No 2443 / 91 by Mr Hemmo Muntingh to the Commission
Subject : The hunting of birds in France 5

92 / C 317 / 10 No 2485 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Restrictions on vessels with double-walled hulls 6

92 / C 317 / 11 No 2519 / 91 by Mr Aymeri de Montesquiou Fezensac to the Commission
Subject : Imports of foie gras from eastern European countries 7

92 / C 317 / 12 No 2611 / 91 by Mr Pol Marck to the Commission
Subject : Competition policy in the agricultural sector 8

92 / C 317 / 13 No 2728 / 91 by Mr Bernard Antony to the Commission
Subject : Control of arms sales 8

92 / C 317 / 14 No 2737 / 91 by Mr Ernest Glinne to the Commission
Subject : Construction of an immense monument to Christopher Columbus in Santo Domingo 8

92 / C 317 / 15 No 2802 / 91 by Mrs Ursula Schleicher to the Commission
Subject : Felling of oak forests in the Spanish region of Extremadura 9

92 / C 317 / 16 No 2830 / 91 by Mrs Nel van Dijk to the Commission
Subject : Mandatory basic medical insurance in the Netherlands 10

92 / C 317 / 17 No 3051 / 91 by Mrs Marie Jepsen to the Commission
Subject : Infringement of the Council Directive on the conservation of wildbirds 10

92 / C 317 / 18 No 3084 / 91 by Mr Ernest Glinne to the Commission
Subject : Fax advertising 11

92 / C 317 / 19 No 3154 / 91 by Mr Virginio Bettini and Mr Gianfranco Amendola to the
Commission

Subject : Manufacture of phenol and formaldehyde in residential areas ( Upper Venegono —
Varese — Italy ) 11

92 / C 317 / 20 No 102 / 92 by Mr Mihail Papayannakis to the Commission
Subject : Increases in Hungarian and Czech transit charges for Greek lorries 12

92 / C 317 / 21 No 310 / 92 by Mr Alexandros Alavanos to the Commission
Subject : Five-fold increase in road tolls for Greek lorries in Hungary 12

92 / C 317 / 22 No 434 / 92 by Mr Christos Papoutsis to the Commission
Subject : Reduction of transit charges for Greek lorries 12

92 / C 317 / 23 No 479 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Transit rights for freight vehicles through Hungary and Czechoslovakia 13

92 / C 317 / 24 No 1 177 / 92 by Mr Panayotis Roumeliotis to the Commission
Subject : Problems involving road transport through Hungary 13

Joint answer to Written Questions Nos 102 / 92, 310 / 92, 434 / 92, 479 / 92 and

1177 / 92 13

92 / C 317 / 25 No 103 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Refugee homes in Kessariani 13

Notice No Contents ( continued ) Page

92 / C 317 / 26 No 114 / 92 by Mr Siegbert Alber to the Commission
Subject : Waste disposal site on the Greek island of Zakynthos 13

92 / C 317 / 27 No 127 / 92 by Mrs Simone Martin to the Commission
Subject : Subsidies for alcohol production 14

92 / C 317 / 28 No 210 / 92 by Mr Wilfried Telkämper to the Commission
Subject : Council Directive of 7 June 1990 on the freedom of access to information on the
environment — terminology 14

92 / C 317 / 29 No 211 / 92 by Mr Wilfried Telkämper to the Commission
Subject : Council Directive of 7 June 1990 on the freedom of access to information on the
environment — transposition of the Directive by the Government of Schleswig-Holstein
( Federal Republic of Germany ) 15

Joint answer to Written Questions Nos 210 / 92 and 21 1 / 92 15

92 / C 317 / 30 No 268 / 92 by Mr Freddy Blak to the Commission
Subject : Criminalization of conscientious objectors in Greece 16

92 / C 317 / 31 No 276 / 92 by Mr Diego de los Santos López to the Commission
Subject : Sewage in Malaga 16

92 / C 317 / 32 No 358 / 92 by Mr Mauro Chiabrando to the Commission
Subject : Initiatives for Italian beekeeping 17

92 / C 317 / 33 No 395 / 92 by Mr Edward Newman to the Commission
Subject : Dissemination of racial hatred in the form of ' music ' in the European Community .... 17

92 / C 317 / 34 No 442 / 92 by Mrs Cristiana Muscardini to the Commission
Subject : Improper use of Community aid 18

92 / C 317 / 35 No 510 / 92 by Mrs Sylviane Ainardi to the Commission
Subject : Prohibiting the blending of wines 19

92 / C 317 / 36 No 557 / 92 by Mr Henry McCubbin to the Commission
Subject : Use of historic vehicles on Community roads _ 19

92 / C 317 / 37 No 592 / 92 by Mr Gijs de Vries to the Commission
Subject : State aid to port infrastructures 20

92 / C 317 / 38 No 600 / 92 by Mr Jesus Cabezón Alonso to the Commission
Subject : Assistance for Cantabria 20

92 / C 317 / 39 No 603 / 92 by Mr Paul Staes to the Commission
Subject : Infringement of the Directive on the conservation of wild birds and the Ramsar
Convention 21

92 / C 317 / 40 No 629 / 92 by Mr Ben Visser to the Commission
Subject : Observance of the Marpol Treaty 21

92 / C 317 / 41 No 789 / 92 by Mr Hemmo Muntingh to the Commission
Subject : Compliance with the Marpol Convention 21

( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 317 / 42 No 790 / 92 by Mr Hemmo Muntingh to the Commission
Subject : Compliance with the Marpol Convention 22

Joint answer to Written Questions Nos 629 / 92, 789 / 92 and 790 / 92 22

92 / C 317 / 43 No 635 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Protection of Mt Poikilon 23

92 / C 317 / 44 No 641 / 92 by Mrs Anita Pollack to the Commission
Subject : Exploitation of Burma 's tropical forests 23

92 / C 317 / 45 No 662 / 92 by Mrs Imelda Read to the Commission
Subject : European companies 23

92 / C 317 / 46 No 665 / 92 by Mr Manuel Medina Ortega to the Commission Subject : Grids and networks which do not spoil the landscape 24

92 / C 317 / 47 No 701 / 92 by Mr Juan de la Cámara Martinez to the Commission
Subject : Wetlands in the Community 24

92 / C 317 / 48 No 71 1 / 92 by Mr Enrique Sapena Granell to the Commission
Subject : Research into high-speed vessels <                  - ■                  -                  - 25

92 / C 317 / 49 No 726 / 92 by Mr Alexandros Alavanos to the Commission
Subject : Infringement by the Italian Government of freedom of maritime transport .... ; 26

92 / C 317 / 50 No 754 / 92 by Mr James Nicholson to the Commission
Subject : Milk superlevy 26

92 / C 317 / 51 No 770 / 92 by Mr William Newton-Dunn to the Commission
Subject : State-owned schools and fees from abroad 26

92 / C 317 / 52 No 783 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Protection of Lake Trichonida 27

92 / C 317 / 53 No 801 / 92 by Mr Llewellyn Smith to the Commission
Subject : Euratom 27

92 / C 317 / 54 No 810 / 92 by Mr Llewellyn Smith to the Commission
Subject : Euratom 28

92 / C 317 / 55 No 812 / 92 by Mr Llewellyn Smith to the Commission
Subject : Environmental information 28

92 / C 317 / 56 No 822 / 92 by Mr Gijs de Vries to the Commission
Subject : US-South Korea telecommunications agreement 28

92 / C 317 / 57 No 831 / 92 by Mr Ben Visser to the Commission
Subject : Price undercutting in European container transshipments in sea ports 29

92 / C 317 / 58 No 847 / 92 by Mr Sergio Ribeiro to the Commission
Subject : The crisis in the textile sector and its repercussions in the city and municipality of
Coimbra 30

Notice No Contents ( continued ) Page

92 / C 317 / 59

92 / C 317 / 60

92 / C 317 / 61

92 /C 317 / 62

92 / C 317 / 63

92 / C 317 / 64

92 / C 317 / 65

No 877 / 92 by Lord O'Hagan to the Commission
Subject : Social partners - 30

No 884 / 92 by Mrs Anita Pollack to the Commission
Subject : Structural funds in general 30

No 891 / 92 by Mr Paul Staes to the Commission
Subject : The Channel tunnel 31

No 906 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Infringement of the Community Charter - 31

No 908 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : The Zliros gorges 32

No 918 / 92 by Mr Jose Valverde Lopez to the Commission
Subject : Toxic waste incineration plant in Almadén ( Spain ) 32

No 921 / 92 by Mrs Karla Peijs to the Commission

Subject : Central quota management system ; 32

92 / C 317 / 66 No 922 / 92 by Mrs Annemarie Goedmakers to the Commission
Subject : Monk seals 33

92 / C 317 / 67 No 957 / 92 by Mr Tullio Regge, Mr Giulio Fantuzzi and Mr Virginio Bettini to the
Commission

Subject chipping : Funding ( crisping for ) potato the ' cultures Research ' programme, development and production of low temperature storage 34

92 / C 317 / 68

92 / C 317 / 69

92 / C 317 / 70

92 / C 317 / 71

92 / C 317 / 72

92 / C 317 / 73

92 / C 317 / 74

92 / C 317 / 75

No 963 / 92 by Mr Juan de Dios Ramirez Heredia to the Council
Subject : Legalization of private broadcasting in all the EC Member States . . 34

No 991 / 92 by Mr James Ford to the Commission
Subject : Environmental regulations for roadworks : 34

No 992 / 92 by Mr John McCartin to the Commission
Subject : Spending on marketing and processing in the agricultural sector 35

No 993 / 92 by Mrs Ursula Braun-Moser to the Commission
Subject : Amendment to the Directive on liability for services 35

No 1014 / 92 by Mr Sotiris Kostopoulos to the Commission .
Subject : EC cereal subsidies 36

No 1015 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Fraud by wine producers at the expense of the Community 36

Joint answer to Written Questions Nos 1014 / 92 and 1015 / 92 36

No 1034 / 92 by Mr Alman Metten to the Commission
Subject : Improving the quality of European cars 36

No 1037 / 92 by Mr Georgios Romeos to the Commission
Subject : Environmental consequences of the extension of a Greek Electricity Board plant 37

( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 317 / 76

92 / C 317 / 77

92 / C 317 / 78

92 / C 317 / 79

92 / C 317 / 80

No 1049 / 92 by Mr Arturo Escuder Croft to the Commission
Subject : Investment in the Canaries from the EAGGF Guidance Section 37

No 1052 / 92 by Mr Virginio Bettini to the Commission
Subject : Rubbish tip in the Mincio nature part ( Lombardy — Italy ) 37

No 1053 / 92 by Lord O'Hagan to the Commission
Subject : Animal welfare 38

No 1055 / 92 by Lord O'Hagan to the Commission
Subject : Twinning .-.•••• 39

No 1067 / 92 by Mr Karl von Wogau to the Commission
Subject : Mutual recognition of higher education diplomas — diplomas awarded by German
colleges of public administration . . 39

92 / C 317 / 81 No 1075 / 92 by Mr Gianfranco Amendola to the Commission

Subject : Infringement by Italy of Directive 76 / 464 / EEC and the amendments thereto and of
related Directives on the discharge of dangerous substances into water 40

92 / C 317 / 82

92 / C 317 / 83

92 / C 317 / 84

92 / C 317 / 85

92 / C 317 / 86

92 / C 317 / 87

92 / C 317 / 88

92 / C 317 / 89

92 / C 317 / 90

No 1076 / 92 by Mr Giuseppe Mottola to the Commission
Subject : Request for the exclusion of Corallium Rubrum ( red coral ) from the proposal for a
Council Regulation on the possession of and trade in specimens of species of wild fauna and
flora 40

No 1079 / 92 by Mr Friedrich Merz to the Commission
Subject : Purchase of holiday homes in Denmark 41

No 1082 / 92 by Mr Jesus Cabezón Alonso to the Commission
Subject : Vocational training and subsidiarity 42

No 1091 / 92 by Mr Ernest Glinne to the Commission
Subject : Ban on self-defence aerosols in Community countries 42

No 1 107 / 92 by Mr Ernest Glinne to the Commission
Subject : Property fraud in Spain 43

No 1 1 19 / 92 by Mr Carlos Robles Piquer to the Commission
Subject : The Maastricht agreements and investment in education 43

No 1 122 / 92 by Mr Victor Manuel Arbeloa Muru to the Council
Subject : The European Drugs Monitoring Centre 44

No 1127 / 92 by Mr Juan Bandrés Molet to the Commission
Subject : Introduction of a possible free-trade area between the European Community and the
Maghreb countries 44

No 1138 / 92 by Mrs Nel van Dijk to the Commission

Subject : European policy on DES ( disthylstilbestrol ) 45

92 / C 317 / 91 No 1 143 / 92 by Sir Christopher Prout to the Commission
Subject : Construction Products Directive 45

92 / C 317 / 92 No 1 147 / 92 by Lord O'Hagan to the Commission
Subject : Social partners as a legislature 46

92 / C 317 / 93

No 1184 / 92 by Mrs Brigitte Ernst de la Graete to the Commission
Subject : Abandoned and forcibly conscripted children in Chad 47

Notice No Contents ( continued ) . Pa s e

92 / C 317 / 94

92 / C 317 / 95

92 / C 317 / 96

92 / C 317 / 97

92 / C 317 / 98

92 / C 317 / 99

92 / C 317 / 100

92 / C 317 / 101

92 / C 317 / 102

92 / C 317 / 103

92 / C 317 / 104

92 / C 317 / 105

92 / C 317 / 106

92 / C 317 / 107

92 / C 317 / 108

92 / C 317 / 109

92 / C 317 / 110

92 / C 317 / 111

No 1212 / 92 by Mr Gene Fitzgerald, Mr Patrick Lalor, Mr Niall Andrews, Mr James
Fitzsimons, Mr Mark Killilea and Mr Patrick Lane to the Commission
Subject : Regional policy and the Cohesion Fund 47

No 1220 / 92 by Mr David Morris to the Commission
Subject : United States Marine Mammal Protection Act 47

No 1227 / 92 by Mrs Annemarie Goedmakers to the Commission
Subject : Fraud involving cheese 48

No 1230 / 92 by Mr Michail Papayannakis to the Commission
Subject : Cross-border impact of irrigation projects in Spain . 48

No 1272 / 92 by Mr Yves Verwaerde to the Commission
Subject : Relations with Israel — signature of the Fourth Financial protocol 49

No 1274 / 92 by Mr Sergio Ribeiro to the Commission
Subject : Studies on national situations for the specific programme for the Community 's textile
regions ( Retex)-2 49

No 1279 / 92 by Mr Pierre Lataillade to the Commission
Subject : The European motor industry and Japan 50

No 1289 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Repeal of Greek Law 2292 / 1953 50

No 1295 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Protection of endangered species 51

No 1319 / 92 by Mr Florus Wijsenbeek to the Commission
Subject : Cross-subsidizing of a shipping company in Denmark 51

No 1333 / 92 by Mr James Nicholson to the Commission

Subject : Replies to written questions 51

No 1345 / 92 by Mr James Ford to the Commission
Subject : Withdrawal of herbal remedies 52

No 1349 / 92 by Mrs Raymonde Dury to the Commission
Subject : Expiry dates for consumption of food products . 52

No 1355 / 92 by Mrs Christa Rartdzio-Plath to the Commission
Subject : Women and the planned reform of the Social Fund 52

No 1356 / 92 by Mr Marco Taradash to the Commission
Subject : Funding of projects relating to AIDS . . . 53

No 1369 / 92 by Mr Siegbert Alber to the Commission
Subject : Education for children of migrant workers in the Member States 53

No 1376 / 92 by Mrs Annemarie Goedmakers to the Commission
Subject : Violence against civilians by the military in Chad 54

No 1377 / 92 by Mrs Annemarie Goedmakers to the Commission
Subject : Blindness resulting from food aid 55

( Continued overleaf )

Notice No Contents ( continued ) p age

92 / C 317 / 112 No 1418 / 92 by Mr Marco Pannella to the Commission
Subject : European Community policy towards the crisis-ridden ex-Yugoslav Republic 55

92 / C 317 / 113 No 1432 / 92 by Mr Paul Staes to the Commission
Subject : European subsidies for Schönberg ( Germany ) 56

92 / C 317 / 114 No 1447 / 92 by Mr Alonso Puerta and Mr Teresa Domingo Segarra to the
Commission

Subject : Protection of the Saladares de Agua Amarga salt marshes ( Alicante — Spain ) 56

92 / C 317 / 115 No 1482 / 92 by Mr Petrus Cornelissen to the Commission
Subject : Service stations for road users 57

92 / C 317 / 116 No 1487 / 92 by Mr Jose Lafuente Lopez to the Commission
Subject : Moratorium on the application in Spain of the EC Directive on pharmaceutical titles . . 57

92 / C317 / 117 Nol 492 / 92 by Mr Carlos Robles Piquer to the Commission
Subject : Spanish tax on photocopiers 58

92 / C 317 / 118 No 1504 / 92 by Mrs Concepció Ferrer to the Commission
Subject : Distribution of funds in the ' Interreg ' Community programme 58

92 / C 317 / 119 No 1555 / 92 by Mrs Martine Lehideux to the Commission
Subject : Emergency humanitarian aid to the people of Iraq 59

92 / C 317 / 120 No 1565 / 92 by Mr Jaak Vandemeulebroucke to the Commission
Subject : Fisheries inspection vessel 60

92 / C 317 / 121 No 1573 / 92 by Mr Gordon Adam to the Commission
Subject : The relative importance of commercial fishing vis-a-vis recreational fishing 60

\

92 / C 317 / 122 No 1575 / 92 by Mr Gordon Adam to the Commission
Subject : The ' Shetland Box ' arrangement ( Common Fisheries Policy ) 61

92 / C 317 / 123 No 1576 / 92 by Mr Gordon Adam to the Commission
Subject : The ' Shetland Box ' arrangement ( Common Fisheries Policy ) 61

92 / C 317 / 124 No 1586 / 92 by Mrs Brigitte Ernst de la Graete to the Commission
Subject : EIB loan for a hotel in Grenada under Lomé IV 62

92 / C 317 / 125 No 1592 / 92 by Mr Jaak Vandemeulebroucke to the Commission
Subject : Regional impact of the Channel tunnel 62

92 / C 317 / 126 No 1604 / 92 by Mr Gerd Müller to the Commission
Subject : Increase in fuel tax on diesel oil and reduction of vehicle tax in the Netherlands 62

92 / C 317 / 127 No 1609 / 92 by Mr Yves Verwaerde to the Commission
Subject : Commission General Inspectorate 63

92 / C 317 / 128 No 1622 / 92 by Mr Sergio Ribeiro to the Commission
Subject : Monitoring and sanctions in the field of social legislation 63

92 / C 317 / 129 No 1713 / 92 by Mr Panayotis Roumeliotis to the Commission
Subject : Problems caused by drought in southern Africa 64

( Continued on inside back cover )

Notice No Contents ( continued ) Page

92 / C 317 / 130 No 1743 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Tragedy unfolding in southern Africa 64

Joint answer to Written Questions Nos 1 7 1 3 / 92 and 1 743 / 92 64

92 / C 317 / 131 No 1766 / 92 by Mr Gabriele Sboarina to the Commission
Subject : Uniform standards for electrical installations 64

92 / C 317 / 132 No 1786 / 92 by Mr Enrique Sapena Granell, Mr José Vazquez Fouz, Mrs Maria
Izquierdo Rojo and Mr Pedro Bofill Abeilhe to the Commission
Subject : Danger to the ecological balance of the Mediterranean resulting from the proliferation
of tropical algae 65

92 / C 317 / 133 No 1860 / 92 by Mr Hans-Gert Poettering to the Commission
Subject : Transport of goods from non-Community countries in the internal market 66

92 / C 317 / 134 No 1934 / 92 by Mr Sotiris Kostopoulos to the Council
Subject : Forest fires 66

92 / C 317 / 135 No 2001 / 92 by Mr Alex Smith to the Commission
Subject : Alleged Euratom involvement in Iraq nuclear programme 67

92 / C317 / 136 No 20 1 2 / 92 by Mr Alex Smith to the Council
Subject : Non-compliance with environmental Directives 67

3 . 12 . 92 Official Journal of the European Communities No C 317 / 1

I

( Information )

###### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 617 / 89

by Mr Fernand Herman ( PPE )
to the Commission of the European Communities

( 27 October 1989 )

( 92 / C 317 / 01 )

Subject : Tax on business gifts

Under Article 5(6 ) of the Sixth Directive of 17 May 1977
on the harmonization of the laws of the Member States
relating to turnover taxes, samples or low-value presents
given for business purposes are not treated as supplies
made for consideration .

Could the Commission say what is the maximum value of
such presents in each Member State ?

Supplementary answer given by Mrs Scrivener

on behalf of the Commission

( 7 September 1 992 )

Further to the answer given on 18 December 1989 (') the
Commission is able to provide the following information :

The maximum unit value in each Member State of ' gifts of

small value ' within the meaning of the second sentence of
Article 5(6 ) of the sixth VAT Directive of 17 May 1977 is :

Belgium : Bfrs 500, or some Ecu 12, exclusive of VAT ;

Denmark : Dkr 100, or some Ecu 13, exclusive of VAT ;

Germany : DM 75, or some Ecu 37, exclusive of VAT, for
all gifts made to the same person in one year ;

Greece : Dr 3 000, or some Ecu 13, exclusive of VAT . In
addition, the total value of all gifts made in the financial
year must not exceed 1 % of the gross income of the donor
firm ;

Spain : No specific limit ;

France ; FF 200, or some Ecu 29, inclusive of all taxes, for
gifts made to the same person in one year ;

Ireland : £ Irl 15, or some Ecu 20, exclusive of VAT,
provided the gifts are occasional ;

Italy : No specific limit . Depends on normal business
practice ;

Luxembourg : No specific limit ;

Netherlands : Hfl 500, or some Ecu 218, exclusive of
VAT, for gifts made to the same person in one year ;

Portugal : Esc 3 000, or some Ecu 17, exclusive of VAT . In
addition, the total value of all gifts made in one year must
not exceed 0,5 % of the donor firm 's turnover for the
previous year ;

United Kingdom : £ 10, or some Ecu 14, exclusive of VAT,
provided the gifts are occasional .

O OJ No C 39, 19 . 2 . 1990 .

No C 317 / 2 Official Journal of the European Communities 3 . 12 . 92

WRITTEN QUESTION No 728 / 90

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

( 27 March 1990 )

( 92 / C 317 / 02 )

Subject : Quality of water in the municipality of Tudela

( Navarra — Spain )

For some time the population of the municipality of
Tudela ( Navarra — Spain ) has been affected by the
appalling quality of the water intended for human
consumption .

In addition, the Tudela water supply programme provides
for the abstraction of water from the Lodosa Canal and
the River Ebro which, according to recent analyses, fail to
meet the required health standards and do not comply
with Community law on quality objectives for water .

1 . Can the Commission say whether the following
Community directives are being properly
implemented in the municipality of Tudela ?

( a ) 75 / 440 / EEC (') concerning the quality of surface
water intended for the extraction of drinking
water in the Member States

( b ) 80 / 778 / EEC ( 2 ) relating to the quality of water
intended for human consumption,

( c ) 79 / 869 / EEC ( 3 ) concerning the methods of
measurement arid frequencies of sampling and
analysis of surface water intended for the
extraction of drinking water in the Member
States .

2 . Can the Commission ensure that the waters of the

Lodosa Canal and the River Ebro which are intended
to supply the municipality of Tudela do not infringe
Community legislation on the quality of water ?

3 . Will the Commission provide as much information as

possible on this matter ?

O OJ No L 194, 25 . 7 . 1975, p . 26 .
O OJ No L 229, 30 . 8 . 1980, p . 11 .
O OJ No L 271, 29 . 10 . 1979, p . 44 .

WRITTEN QUESTION No 864 / 90

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

(9 April 1990 )

( 92 / C 317 / 03 )

Subject : Water quality in Andalucia

The fourth programme of environmental measures states

that the Commission must ensure that Community
environmental legislation is applied fully and correctly .

In Andalucia ( Spain ) the information concerning the
quality of tapwater in certain areas of Andalucia contains
figures showing that levels of nitrate, sulphate, calcium,
and other substances are above the limits laid down by the
Community directives on the quality of water for human
consumption . Certain of these substances listed in Annex
I to Directive 80 / 778 / EEC constitute a public health risk
in large quantities .

1 . Can the Commission say whether the following

Community Directives are being properly
implemented in Andalucia :

( a ) 75 / 440 / EEC concerning the quality required of
surface water intended for the abstraction of

drinking water in the Member States,

( b ) 80 / 778 / EEC relating to the quality of water
intended for human consumption,

( c ) 79 / 869 / EEC concerning the methods of
measurement and frequency of sampling and
analyses of surface water intended for the
abstraction of drinking water in the Member
States ?

2 . Will the Commission forward all the information

which can be obtained on this matter ?

Joint supplementary answer to Written Questions

Nos 728 / 90 and 864 / 90

on behalf of the Commission

( 31 July 1992 )

Further to its answer of 26 May 1991 ('), the Commission
is now in a position to provide the following information :

Following enquiries by the Commission, Spain has
indicated that in Tudela ( Navarra ), drinking water is
provided from groundwater sources only . No water is
abstracted for drinking water from the River Ebro or the
Lodoso Canal . However, Spain has also indicated that the
groundwater sources are inadequate to maintain a
sufficient supply to Tudela and therefore it has plans to
increase the supply by abstracting water from the River
Ebro and Lodoso Canal . Although these plans are still at
an early stage and detailed design work is still to be
completed, it is intended that the surface water which is
abstracted will be subjected to full treatment before it is
supplied to consumers as drinking water .

Finally, the available analyses of water from the River
Ebj-o and Lodoso Canal by the Spanish authorities
indicate that it complies with the limits set down in
Directive 75 / 440 / EEC for category A3 .

With regard to Andalucia, Spain has indicated that it is

not aware of any particular problems which exist with

3 . 12 . 92 Official Journal of the European Communities No C 317 / 3

drinking water in this region . They have a monitoring
network in the area and they state it has not revealed any
results which would give cause for concern .

WRITTEN QUESTION No 864 / 91

by Mrs Solange Fernex ( V )
to the Commission of the European Communities

0 ) OJNoC 168,27.6 . 1991 . (8 May 1991 )

( 92 / C 317 / 05 )

Subject : Monitoring of arms sales in the Member States

WRITTEN QUESTION No 524 / 91

by Mr lb Christensen ( ARC )
to the Commission of the European Communities

( 26 March 1991 )

( 92 / C 317 / 04 )

Subject : Release of a bank guarantee by the Spanish

customs authorities

In August 1988 a Danish family went to live and work in
Estepona in Spain . Following problems with their
residence and work permits they returned to Denmark in
September 1989 .

When they imported their household effects into Spain
they had to provide a bank guarantee of pkr 22 000 to the
Spanish customs authorities . The guarantee has still not
been released, even though they registered their departure
with the Spanish authorities, had entered the country

legally, and had had no problems with the authorities .

Does the Commission believe it is reasonable that Danish

citizens should have to wait 1 8 months for the release of a
bank guarantee given to the Spanish customs authorities ?

Supplementary answer given by Mrs Scrivener

on behalf of the Commission

( 19 August 1992 )

Further to its answer of 2 May 1991 (') the Commission
can inform the Honourable Member that it has now, on
the basis of correspondence with the complainant, ended
its examination of the matter . It appears that the family 's
departure from Spain was notified to the Spanish
authorities only by the complainant 's employer and that
the personal belongings were re-exported to Denmark
without any simultaneous request for the release of the
bank guarantee . Under these circumstances, the
Commission considers that the Spanish customs
authorities could not be aware of the actual situation and
the Commission has therefore requested the complainant
to contact the Spanish customs authorities directly with a
view to having the guarantee released . As far as the
Commission knows, it has been said that Spanish customs
did it already .

O OJNoC 311, 2 . 12 . 1991 .

Is it possible to monitor the arms sales of EC Member
States to third countries ?

Is there at present any way of achieving this through the
Treaty of Rome — through industrial, trade or research
policy, for example — or do the treaties need to be
amended ? If so, are amendments planned ?

WRITTEN QUESTION No 1651 / 91

Mr Giacomo Porrazzini, Mr Roberto Speciale, Mrs
Luciana Castellina, Mr Mihail Papayannakis, Mr Alonso
Puerta, Mr Giorgio Rossetti and Mr John Iversen ( GUE )

to the Commission of the European Communities

( 25 July 1991 )

( 92 / C 317 / 06 )

Subject : Gulf crisis and arms export policy

The encouraging trends towards conventional
disarmament in the first half of 1990 in the context of the
Vienna negotiations have opened up new prospects which
could however be jeopardized, following the Gulf War,
by a new arms race involving more sophisticated weapons
and geared to new military requirements and strategies
either in the Middle East or in Europe . This could lead as
in the case of Iraq to the orderless export of arms to one
country or another with possibly tragic consequences .

1 . Does the Commission not believe in this connection
that it should adopt a clear-cut line and consistent
initiatives on armaments policy and exports of arms
and military technology, with a view to creating more
systematic powers for the Community in this respect ?

2 . Does the Commission not believe that the state of
progress on the single market and the growing use of
' dual technologies ' require an urgent review of the
procedures laid down in Article 223 of the EEC
Treaty in order to bring questions relating to the
production planning, marketing and exportation of
arms systems and military technologies as well as the
conversion of the war industry into the sphere of
Community responsibility, with decisions taken by
qualified majority in the Council ?

No C 317 / 4 Official Journal of the European Communities 3 . 12 . 92

QUESTION No 1652 / 91 With the aim of setting up a common system of export
Vandemeulebroucke ( ARC ) controls, the working party proceeded to draw up a joint

list of military products to be monitored and to work

of the European Communities towards the harmonization of control procedures and a

( 25 July 1991 ) common definition of the various levels of embargo

( 92 / C 317 / 07 ) ( three altogether ).

WRITTEN QUESTION No 1652 / 91
by Mr Jaak Vandemeulebroucke ( ARC )
to the Commission of the European Communities

( 25 July 1991 )

Subject : Imposing restrictions on the international arms

trade

On 14 March 1989 the European Parliament adopted
resolution A2-398 / 88 ( ® ), which sets out its position on
European arms exports . The current Parliament took up a
standpoint on this issue on 13 July 1990 .

The Gulf crisis has illustrated the need for prompt and
effective action on this matter .

What measures is the Commission considering taking
both in a European context and in a wider international
context as regards :

— monitoring, restricting and putting a stop to the

international arms trade,

— enforcing arms embargoes against certain countries,

— special industrial conversion programmes to support

arms manufacturers who wish to switch to the
production of civilian goods in their efforts to achieve
maximum industrial efficiency,

— retraining and vocational training for workers
employed in the arms industry,

Article 223, which was retained despite the Commission
proposal to the Intergovernmental Conference on
Political Union to delete it, does not exclude the defence
products ( set out in a separate list in 1958 ) from the scope
of the Treaty of Rome . Indeed, the Court of Justice has
consistently interpreted this Article as merely permitting
the Member States to adopt special provisions for these
products, provided that the Community has not already
done so in accordance with in the conditions laid down by
this same Article, and in particular the absolute insistence
that such measures should not ' adversely affect the
conditions of competition in the common market
regarding products which are not intended for specifically
military purposes '.

The Commission is in favour of setting up a Community
policy to monitor this sector, as a step towards completing
the internal market . The industrial initiatives it might
take, especially as regards the conversion of the defence
industry following a decline in external outlets, are being
hampered in the short term by limitations resulting from
the way in which the national authorities apply
Article 223, assigning to these industries objectives and
manufacturing roles determined largely by national
strategic considerations .

— limiting military expenditure to a strict minimum,

— limiting military expenditure to a strict minimum, In November 1990 the Commission expressed the view, in

thereby releasing financial resources which can be its communication on industrial policy, that the
used in socio-economic development and in the restructuring needs of some sectors would be better met
environmental field ? by horizontal measures ( such as research grants,

vocational training and the safeguarding of the
o OJ No C 96, 17.4 . 1989 . transparency required by competition ) than by sectoral
programmes and schemes .

thereby releasing financial resources which can be
used in socio-economic development and in the
environmental field ?

Joint answer to Written Questions Nos 864 / 91, 1651 / 91

and 1652 / 91

given by Mr Delors
on behalf of the Commission

( 30 September 1992 )

In the aftermath of the Gulf War a top level working party
on the export of conventional weapons was set up under
the umbrella of EPC to establish a common approach for
the Community and its Member States . The declaration
adopted by the Luxembourg European Council in June

1991 marked a first step in this direction .

This declaration identifies seven common criteria for the
harmonization of national policies .

In 1991 the Perifra programme, with a total budget of Ecu
40 million, co-financed a limited number of small
demonstration projects ( costing less than Ecu 4 million )
to assist the regions structurally affected by the
conversion of the armaments industry or military
installations . Perifra will continue in 1992 with a budget
of Ecu 50 million, part of which will go towards this type
of project .

One of the first areas in which the common foreign and
security policy established by the Treaty of Maastricht
will apply is the control of arms exports and the transfer
of military technology, likely to be the subject of joint
action from 1 January 1993 . In the coming months the
Commission is planning to help established the basis for
this joint action .

3 . 12 . 92 Official Journal of the European Communities No C 317 / 5

Such action could be combined in due course with the use
of Article 113 of the Treaty of Rome, which is a suitable
basis despite the retention for the time being of
Article 223 . Article 113 forms the legal basis for
Regulation ( EEC ) No 428 / 89 concerning the export of
certain chemical products Q ).

On the question of an embargo, the measures adopted
against Irak are an example of the existing limits . These
measures were adopted both at Community level
( Regulations ( EEC ) No 2340 / 90 ( 2 ) and ( EEC )
No 3155 / 90 ( 3 )) and at national level . Monitoring the
application of these measures and the adoption of
sanctions in the event of infringements are the
responsibility of the Member States ' governments . In the
Commission 's view, the strict application of an embargo is
essential to the settlement of such crises . To ensure that
the measures taken by the Community and its Member
States are effective, it is not enough to hold permanent
consultations with the Member States during the
embargo : joint action is, in such a context, an important
first step .

(') OJ No L 50, 22 . 2 .' 1989 .
O OJ No L 213, 9 . 8 . 1990 .
O OJ No L 304,-1 . 11 . 1990 .

WRITTEN QUESTION No 1142 / 91
by Mrs Ria Oomen-Ruijten and Mr Maxime Verhagen

( PPE )
to the Commission of the European Communities

( 5 June 1 991 )

( 92 / C 317 / 08 )

Subject : Community action programme on famine in

Africa

Thirty-one million people in Africa are threatened with

starvation . Four and a half million tonnes of food are
needed, in particular grain . In April Parliament and the
Council called for additional aid for Africa . On 19 April
the Commission made a specific proposal : the EC and the
Member States should supply some 600 000 tonnes of
cereals, at a cost of ca . Ecu 220 million or F1 500 million,
two-thirds of which would be borne by the Community .
In early May it was reported that some Member States
wanted to finance the additional food aid to Africa by
cancelling other Community food aid and development

programmes .

1 . Is it true that some Member States are trying to offset
the additional EC food aid to Africa by
simultaneously cutting back on other aid
programmes ?

2 . Does the Commission agree that the famine crisis in

Africa has now reached a stage where immediate

action is needed, and that delays stemming from a
discussion within the EC about the value of traditional
long-term food aid should not be tolerated ?

3 . Will the Commission do its utmost to avoid the

impending impasse ?

Answer given by Mr Marin
on behalf of the Commission

( 8 September 1 992 )

1 . The Commission knows of no reductions in the
Member States ' programmes of conventional aid to offset
the extra assistance they are providing for Africa . It is in
fact a certainty that a number of substantial contributions
have been made to supplement that aid .

2 . Since the end of 1990, the Commission has approved
emergency allocations within its yearly food-aid
programmes for the parts of Africa affected by drought .
In the light of the scale of the continent 's needs, the
Commission furthermore proposed a Special Food-Aid
Programme at the end of March 1991 . The principle of
such a programme was approved by the Council on 1 5
April 1991 and funding agreed by the budgetary authority
(" Trialogue ' procedure ) on 2 May 1991 .

The Commission would also like to draw attention to the
discussions on food aid policy and management, which
were brought to a close in 1989 / 90 . They resulted in a
Council resolution in November 1989 and Council
conclusions in May 1990 . These determine the framework
for programming of Community food aid . The
conclusions have not been challenged and there has
therefore been no delay likely to affect the decision
concerning the Special Programme for Africa . .

3 . The Commission has taken all necessary steps with
regard to decisionmaking and implementation to respond
quickly to the crisis in Africa .

WRITTEN QUESTION No 2443 / 91

by Mr Hemmo Muntingh ( S )
to the Commission of the European Communities

( 30 October 1991 )

( 92 / C 317 / 09 )

Subject : The hunting of birds in France

1 . Is the shooting of turtle doves in Gironde in May
this year admissible under French law ?

No C 317 / 6 Official Journal of the European Communities 3 . 12 . 92

2 . How is it possible for French law to authorize the
hunting of aquatic birds from 20 July onwards in certain
departments ? How can this be compatible with the
judgment handed down by the Court of Justice
condemning Italy for a similar offence ?

3 . What is the outcome of the action taken by the
French Government against the 3 000 poachers who
hunted protected species of bunting and finch in the
Landes in August ?

4 . What was the outcome of the action taken by the
French Government against the thousands of hunters
who illegally hunted thrushes, woodpigeons and other

species of birds in February and March 1991 in the
Ardeche ?

5 . What representations will the Commission make to
the French Government with a view to ending as rapidly
as possible the regular infringements of bird protection
legislation ?

Answer given by Mr Van Miert

on behalf of the Commission

( 18 September 1 992 )

1 . The hunting of turtle doves in Gironde in May has
been prohibited since 1985 .

2 . Under French law, the Ministry of the Environment
may grant permission for the early hunting of wildfowl
before the general start of the hunting season .
Specifically, the hunting of wildfowl is permitted from 20
July onwards in some departments . The possibility of an

early start to the hunting season cannot be regarded as
compatible with Article 7(4 ) of the Directive or the
case-law of the Court of Justice unless scientific data
show that, in the area concerned and at the time in
question, the birds concerned are not reproducing or
dependent .

3 . The French authorities claim that they have no
information about the 3 000 poachers who hunted
bunting and finch in the Landes, as referred to by the
Honourable Member . More particularly as far as the
bunting is concerned, which does not appear in the list of
species which may be hunted, the French authorities state
that instructions have been given locally to ensure
compliance with the ban and that studies of the changes in
the numbers of this species are in progress .

4 . According to the French Government, the clashes
each year in the Ardeche between hunters and nature
conservationists have made it necessary for the Prefect to
adopt measures to restore public order, in particular by
dispatching mobile squads from the National Hunting
Office to the places concerned . Furthermore, as the
Administrative Court ruled that the hunting of migratory
birds in the department could not extend beyond 31
January for the year 1991 in the case of thrushes and

woodpigeons, the Minister of the Environment has

confirmed on various occasions that such hunting was
unlawful and a new Order based on the Administrative
Court 's ruling has been introduced by the Prefect .

5 . It is not for the Commission to intervene directly in
a Member State to ensure compliance with national laws,
this being the responsibility of the authorities in the
Member State concerned . The Commission 's role is
confined to ensuring the proper transposition into
national law of Directive 7 9 / 409 / EEC, to making sure
that it is properly applied by the competent authorities
and to initiating the procedures provided for in
Article 169 of the Treaty if they fail to do so .

WRITTEN QUESTION No 2485 / 91

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

( 4 November 1 991 )

( 92 / C 317 / 10 )

Subject : Restrictions on vessels with double-walled hulls

Under American law ( OPA 02 / 08 / 90 ), a unilateral
measure has been introduced concerning the transport of
oil and oil products, limiting access to American
territorial waters to vessels with double-walled hulls,
which constitutes an adverse constraint on international

trade .

Can the Commission make representations to the United
States, which has acted unilaterally, requesting it to refer
the matter to the International Maritime Organization
and, if this measure is unsuccessful, consider prohibiting
for technical reasons access to the Community waters for
vessels with double-walled hulls, which many experts
consider dangerous in the long-term .

Answer given by Mr Andriessen

on behalf of the Commission

( 15 September 1 992 )

The Oil Pollution Act, signed by President Bush on 16
August 1990, requires all US and other tankers in
American waters for which building contracts were signed

after 30 June 1990 to be fitted with double-walled hulls .
Existing vessels, however, will only be required to comply
with this measure after 1 January 2015 . The decision
followed the pollution caused by a tanker off Alaska and

3 . 12.92 Official Journal of the European Communities No C 317 / 7

many other oil slicks along the US coast . It should be
added that statistics from Lloyd 's show that fleets in
recent years have aged rapidly going from an average of

14 years in 1985 to 25 in 1990 . It is well known that age is
a major risk factor .

The Commission regrets that the USA took the decision
unilaterally, before any international consultations, but
does not believe that it will have any immediate adverse
effects on international competition . Nevertheless, if it
does not conform to an international agreement on future
tanker design, it will certainly hinder free navigation and
trade .

Within the International Maritime Organization ( IMO ),

Member States have highlighted the need for a solution
which would avoid any distortion . IMO recently adopted

a decision which accepts the measures introduced
unilaterally by the USA for new vessels but which views
other design solutions as equivalent, particularly those
developed by European shipyards ( the E3 ship —
European, econonic, environmental ). This decision
should bring about a change in the US Oil Pollution Act,
enabling other ways round the problem, like those
developed in Europe, to be accepted .

The Commission hopes that the US will implement the
IMO decision and give free passage to vessels whose
design complies with it . Otherwise the Commission will
see what can be done to safeguard the interests of
European operators .

WRITTEN QUESTION No 2519 / 91
by Mr Aymeri de Montesquiou Fezensac ( LDR )
to the Commission of the European Communities

(8 November 1991 )

( 92 / C 317 / 11 )

Subject : Imports of foie gras from eastern European

countries

A recent surge in imports of foie gras ( of mediocre
quality ) from eastern European countries has resulted in
unfair competition and serious destabilization on the
European market . The situation is aggravated by the fact
that the French food-preserving industry benefits from a
derogation permitting local customs clearance of
imported goods . The fact that customs clearance is not
carried out at the border makes it impossible to check the
final destination of imported products . Once they reach

the processor / canner, there are no further inspections to
establish whether they will be used to make pate as the law
requires or whether they will be mixed with genuine foie

gras .

Should the Commission not consider introducing a
safeguard clause in case of need or, failing this, an import
quota together with a review of local customs clearance ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 13 July 1992 )

The Commission is closely following developments in the

flow of trade in poultry foie gras in the Community, in
particular imports from non-member countries .

As regards the possibility of introducing a safeguard
clause referred to by the Honourable Member, it wishes
to comment as follows :

Article 12 of Regulation ( EEC ) No 2777 / 75 (') provides
for the application of safeguard measures in the
poultrymeat sector in trade with non-member countries,
in the event of a serious disturbance of the Community
market . It is the Commission 's task to judge the extent of
such a disturbance on the basis of objective criteria, such
as an increase in the volume of imports — actually
established or foreseeable — or a sharp fall in prices —
actually established or foreseeable — on the Community
market .

At the request of a Member State or on its own initiative,
the Commission may enact safeguard measures, which
may consist of the suspension of imports from
non-member countries, for periods no longer than is
strictly necessary in order to eliminate the disturbances .

Pending the Commission 's decision, protective measures
may be taken by the Member States in the cases and
within the scope defined by Regulation ( EEC )
No 2780 / 75 laying down conditions for applying
protective measures in the market in poultrymeat .

On 19 November 1990 France submitted to the
Commission an application for the adoption of a
safeguard clause for imports of duck foie gras from
non-member countries . This application was rejected
since, in the Commission 's view, the disturbance of the
Community market on which it was based was not of a
serious nature, as required by the legislation .

In view of the quality of the imported products to which
the Honourable Member refers, the Commission stresses
the importance of Commission Regulation ( EEC ) No

No C 317 / 8 Official Journal of the European Communities 3 . 12 . 92

1538 / 91 ( 2 ), which applies with effect from 1 July 1991,
on marketing standards for poultrymeat .

(') OJ No L 282, 1 . 11 . 1975 .
O OJ No L 143, 7 . 6 . 1991 .

WRITTEN QUESTION No 2611 / 91

by Mr Pol Marck ( PPE )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 317 / 12 )

Subject : Competition policy in the agricultural sector

In view of the Commission 's answer to Written Question
No 2134 / 90 ( x ) by Mr de Vries, does it hold the same
views on the French Bapsa parafiscal levy ( Supplementary

Budget for Agricultural Social Benefits ) introduced by
Decree No 90 / 771 of 21 August 1990 ( Official Gazette of
2 September 1990 ) affecting exports of flowers to France ?

o OJ No C 261, 7 . 10 . 1991, p. 2 .

Answer given by Mr Mac Sharry

on behalf of the Commission

(6 August 1992 )

The Commission reviews all schemes regarded as ' state

aids ' which are financed by parafiscal charges, on the
same criteria as it listed in answer to Mr de Vries 's Written

Question No 2134 / 90 .

The parafiscal charge in France to help finance the

2 . If the principle is one of the Law, does it consider
that it is legitimate to give financial aid to a country like
Syria whose army is a crippling burden on its budget and
which has been occupying Lebanon for 15 years ?

3 . Does not the Commission think that, rather than
exporting the products of their armaments industry, the
countries of the Community should acquire such
armaments for their own defence and, hence, increase
their defence budget ?

Answer given by Mr Delors
on behalf of the Commission

(8 July 1992 )

1 . The Commission does not have the power to control
arms export unilaterally, either under the common
foreign and security policy established by the Maastricht
Treaty on Political Union or under the treaties in general .

2 . With regard to the principles, the Commission
would refer the Honourable Member to the Declaration
of the June 1991 Luxembourg European Council which
sets out seven common criteria as a basis for
' harmonization ' of export controls .

An additional general criterion, concerned with the
impact of military expenditure on the economies of
potential importers, is being studied within the
framework of European political cooperation .

3 . Since the Community 's powers as they stand do not
extend to such matters, the Commission is unable to
comment on the problem raised by the Honourable
Member .

Supplementary Budget for Agricultural Social Benefits
( Bapsa ) will be examined accordingly for conformity with
Articles 92 et sea . of the EEC Treaty . WRITTEN QUESTION No 2737 / 91

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

( 21 November 1991 )

( 92 / C 317 / 14 )

WRITTEN QUESTION No 2728 / 91

by Mr Bernard Antony ( DR )
to the Commission of the European Communities

( 21 November 1991 )

( 92 / C 317 / 13 )

Subject : Control of arms sales

1 . In defence of which principle does the Commission
intend to control arms sales ?

Subject : Construction of an immense monument to
Christopher Columbus in Santo Domingo

On 14 October 1992, the fifth centenary of Christopher
Columbus 's arrival in Santo Domingo will be celebrated
in Seville ( at least with regard to the preservation of the
explorer 's remains ), in Santo Domingo or both . The
construction of an immense beacon, together with a large
cross, casting a light visible over much of the Caribbean, is
already well under way in Santo Domingo, together with
the restoration of the former colonial district . While this

3 . 12 . 92 Official Journal of the European Communities No C 317 / 9

cannot be faulted in terms of cultural interest and ( under
certain conditions ) tourism, the unceremonious eviction
and removal of the local residents without proper
compensation ( between $0 and $50 !) cannot, in my
opinion, be allowed to go unchallenged . Can the
Commission therefore answer the following questions :

. 1 . What is the ( annual or multiannual ) cost of the project

to the national budget of the State concerned, in so far
as it is possible to distinguish between public and
presidential finances ?

2 . Is it true that the project has already cost several
hundred million dollars ? How much public or private
external funding has been provided — particularly by
the Community, by its Member States and within
Lome IV — for the projected monument ? What
arrangements have been made to provide ( new )
accommodation and facilities for residents who have
been forced to move away so as to remain out of sight
at present or not offend the eye, in future ?

3 . Will the situation in respect of domestic electricity

consumption — which is in any event fairly chaotic —
be in any way improved by this grandiose and
spectacular project ?

4 . Are the World Bank and International Monetary

Fund able to accommodate the monumental nature
and proportions of such a project within their general
policy of supporting structural adjustments ?

Are the people less important than the outer facade ?

5 . The Pope will travel to Santo Domingo next year and

a number of leading representatives of the
international Spanish-speaking community have, to
all intents and purposes, been invited to attend the
festivities on 14 October 1992 . Will the
pre-Columbian natives also be taken into
consideration and how ? What is the position   - of
... Unesco and the Governments of our Member States

on this particular issue ?

Answer given by Mr Mann
on behalf of the Commission

( 4 September 1 992 )

The Commission would like to point out that the

Columbus beacon is being financed by the Dominican
Republic with no contribution from foreign donors or
Lome IV funds .

No official figures concerning the cost to the national
budget have been published, and those appearing in the
press vary considerably . The huge project is the
responsibility of the government of President Joaquin

Balaguer, and has been placed in the hands of the
Dominican architect Teofilo Carbonell . Construction is
being managed by the Ministry of Public Works .

The fact that this project is going on in a developing

country is of course giving rise to great controversy .

The remaining questions do not fall within the
Commission 's sphere of responsibility .

WRITTEN QUESTION No 2802 / 91

by Mrs Ursula Schleicher ( PPE )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 317 / 15 )

Subject : Felling of . oak forests in the Spanish region of

Extremadura

Since Spain 's accession to the EC, the consequences of
Community structural policy have become clearly visible
in the region of Extremadura : extensive oak forests are
being cleared in order to prepare land with a view to
higher productivity and far-reaching infrastructure

measures .

Did the EC support the felling of oak trees through
premiums, and has it ensured that environmental impact
assessments have been carried out for all projects for
which Community support has been granted ?

Is the Commission aware of the environmental
deterioration caused by these transformations, and what
structural measures does it intend to adopt to halt the
destruction of the natural environment ?

Answer given by Mr Van Miert

on behalf of the Commission

(8 July 1992 )

The oak forests of Extremadura are protected by law . The
Community has never granted premiums to support the
felling of oak forests .

Through the Community Support Framework
( 1989 — 1993 ) the Community is providing half the
funding for three Operational Programmes whose
objectives are :

— improvement of agricultural production conditions ;

— protection of the environment and conservation of

natural resources ;

— reorientation and improvement of quality .

No C 317 / 10 Official Journal of the European Communities 3 . 12 . 92

The European Community 's agricultural structures policy

combines respect for the environment with rural
development .

Programmes and projects funded by the ERDF or the
EAGGF have to meet the conditions laid down by
Directive 85 / 337 / EEC (') and must therefore be subject
to environmental impact assessment whenever the
legislation so requires .

Oak forests are included in Annex I to the Directive

concerning the conservation of natural and semi-natural
habitats and of wild fauna and flora ( types of natural
habitats of Community interest whose conservation
requires that they be designated special conservation
areas ), which was recently agreed on in the Council .

Moreover, any project likely to have a significant effect
on the environment must be subject to an environmental
impact assessment in accordance with Directive
85 / 337 / EEC .

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

Answer given by Sir Leon Brittan

on behalf of the Commission

(4 August 1 992 )

The Commission is discussing with the Dutch authorities
proposed changes to the system of health insurance in the
Netherlands ( Simon 's plan ).

The plan would introduce basic health care cover for
every resident of the Netherlands by amalgamating the
existing private and public health insurance systems in
such a way that a degree of choice will be allowed for both
between the institutions concerned and as regards the
prices and products on offer .

The exact scope and details of the new system, which is
being introduced in different phases, still remain to be
defined . It is therefore not possible to provide definite
answers to the questions at this stage .

WRITTEN QUESTION No 3051 / 91

by Mrs Marie Jepsen ( ED )
to the Commission of the European Communities

( 13 January 1992 )

WRITTEN QUESTION No 2830 / 91 ( 92 / C 317 / 17 )

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

( 5 December 1 991 )

( 92 / C 317 / 16 )

Subject : Mandatory basic medical insurance in the
Netherlands

The Netherlands Government proposes to introduce
mandatory basic medical insurance for the entire
population, the so-called ' Simon 's plan '. Ultimately, the
same insurance requirements are to be phased in for
private medical insurers as for the sickness funds .

1 . In the Commission 's view, is this at odds with
Article 85 and 86 of the EEC Treaty ?   

2 . Irrespective of the answer to Question 1, is the
Commission prepared to draw the attention of the
Netherland 's Government to that answer

immediately ?

3 . Is it true that foreign medical care insurers will be able
to look for business on the Dutch market after 31

December 1992 ?

4 . If the answer to Question 1 is no, can the Netherlands
Government impose the same requirements on any
foreign medical care insurer as on Dutch insurers ?

Subject : Infringement of the Council Directive on the

conservation of wildbirds

According to information gathered by the Danish
Ornithological Society and other bodies, a very large
number of migratory birds ( 750 million ) are killed or
mutilated each year in Mediterranean countries, thereby
infringing Council Directive 79 / 409 / EEC (') of 2 April

1979 on the conservation of wild birds . Many of these
birds are killed in Italy, France, Spain and Greece, which
are Community Member States . This runs counter to the
efforts being made in other Member States by private
bodies and public authorities to protect the species in
question . Will the Commission therefore take measures to
ensure that all the Community Member States comply
fully with the Council Directive on the conservation of
wildbirds ?

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

Answer given by Mr Ripa di Meana

on behalf of the Commission

(6 July 1992 )

The Commission does not have exact figures conserning
the killing of migratory birds in the countries mentioned
by the Honourable Member .

3 . 12 . 92 Official Journal of the European Communities No C 317 / 11

The Commission is aware of the problem and, in
accordance with Article 169 of the Treaty, is taking all
necessary steps to ensure that Directive 7 9 / 409 / EEC is
properly applied .

WRITTEN QUESTION No 3084 / 91

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

( 13 January 1992 )

between businesses . It is planning to address the problem
of fax advertising in its amended proposal for a Council
Directive concerning the protection of personal data and
of privacy in the context of public digital telecommu ­
nications networks, and in particular the integrated
services digital network ( ISDN ) and the public mobile
digital networks ( 2 ).

O COM(92 ) 11 final .
( 2 ) CC>M(90 ) 314 final .

( 92 / C 317 / 18 ) WRITTEN QUESTION No 3154 / 91
by Mr Virginio Bettini and Mr Gianfranco Amendola ( V )

Subject : Fax advertising

Increasing use is being made of facsimile transmission for
the purposes of advertising, to the extent that a large
number of undertakings are calling for specific legislation
in this area, particularly in view of the time wasted in
sorting messages, most of which are simply thrown away .
More seriously, undertakings are prevented from
receiving other communications while telephone lines are
occupied with such messages .

In the United States, Connecticut is the first State to have
passed legislation, imposing a straightforward ban on this
type of advertising . Each ' victim ' will be entitled to $ 200
in damages per message received .

Does the Commission not consider that Community
legislation along these lines should be drawn up and
implemented ?

Answer given by Van Miert
on behalf of the Commission

(2 July 1992 )

The Commission has already had occasion to look into

the problem of fax advertising .

The Commission recently approved a proposal for a

Council Directive on the protection of consumers in
respect of contracts negotiated at a distance ( distance
selling ) ('). This provides for the right to peace and quiet
and respect for consumers ' privacy .

However, use of telecopiers is a more general problem .
Should the use of telecopiers for business advertising be
governed by the same rules as domestic advertising ?

y / .
The Commission is keeping a close eye on initiatives in

certain Member States regarding the use of telecopiers

to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 317 / 19 )

Subject : Manufacture of phenol and formaldehyde in

residential areas ( Upper Venegono — Varese —
Italy )

Is the Commission aware that a ' high risk ' factory
belonging to the Sprea undertaking and processing
phenol, formaldehyde and other toxic substances is
located in the middle of a residential area in Upper
Venegono ( Varese )?

Is the Commission aware that this undertaking disposes
of its own effluents using an incinerator installed in 1990
without an environmental impact assessment having been
carried out ?

Will the Commission take steps to ensure compliance with

Directive 85 / 337 / EEC (') in view of the fact that a
petition drawn up in protest at this incinerator obtained

1350 signatures in a month and that nothing was done to
give the public concerned the opportunity to express an
opinion before the project was initiated, as required by
the above Directive ? x

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

Answer given by Mr Van Miert

on behalf of the Commission

( 16 September 1992 )

The written question has been recorded as t a presumed

infringement . A letter was sent to the Italian authorities in
April 1992, based on the application of Directive
85 / 337 / EEC, but to date they have not replied .

No C 317 / 12 Official Journal of the European Communities 3 . 12 . 92

WRITTEN QUESTION No 102 / 92

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

(7 February 1992 )

( 92 / C 317 / 20 )

Subject : Increases in Hungarian and Czech transit
charges for Greek lorries

A few days ago the Hungarian and Czech authorities,
without warning, imposed drastic increases in the charges
for transit by Greek lorries through their territory . These
increases have been criticized by the road hauliers
affected, on the grounds of normal commercial practice
and of the prohibitive costs added to their operations and
their repercussions on Greek exports to the rest of the
Community market .

" Because of the situation in Yugoslavia, transit via

Hungary and Czechoslovakia is the sole remaining
land route for road transport from Greece to the rest
of the Community,

2 . The route via Italy requires the use of car ferries which

substantially increases the freight cost for Greek
goods,

3 . Rerouting all Greek traffic via Italy would swamp the

infrastructure which would be unable to meet

demand,

4 . Hungary and Czechoslovakia are seeking closer links

with the Community and even membership,

market ? How does it intend to remind the Hungarian and
Czech governments that links with the Community
involve a different approach to countries which are now
their associates and a different approach to respect for
market Conditions and commercial practice ? Will it see fit
to take measures to help remedy the damage to Greek
exports in the hypothetical case that Hungary and
Czechoslovakia do not reverse their decision in the

immediate future ?

WRITTEN QUESTION No 310 / 92

by Mr Alexandras Alavanos ( CG )
to the Commission of the European Communities

( 27 February 1992 )

( 92 / C 317 / 21 )

Subject : Five-fold increase in road tolls for Greek lorries

in Hungary

Owing to the crisis in Yugoslavia, road transport between
Greece and western Europe is mainly through Hungary .
The Hungarian authorities recently imposed a fivefold

increase in road tolls . This measure runs counter, de facto
and de jure, to the provisional EEC-Hungary Agreement
and also to the future association agreement between the
two parties, which is now in its final stage . The European
Parliament 's Committee on External Economic Relations
has called on the Council and the Commission to protest
at the Hungarian measures against Greece . What
representations has the Commission made to the
Hungarian Government to repeal these measures ?

WRITTEN QUESTION No 434 / 92

by Mr Christos Papoutsis ( S )
to the Commission of the European Communities

5 . These two countries are receiving Community aid (2 March 1992 )

under the PHARE programme etc ., ( 92 / C 317 / 22 )

6 . Their decision to increase transit charges ( up to
five-fold . . .) is a blow to a Member State of the
Community over which they happen to hold a kind of
monopoly .

How does the Commission assess the decision itself and
its impact on the cost of transport of Greek products to
the other Community Markets ? Does it regard the clear
reduction in the competitiveness of Greek products for
reasons unconnected with production or management but
simply as a result of the international political situation as
compatible with the integration of the Community

Subject : Reduction of transit charges for Greek lorries

Because of the Yugoslav crisis, Greek lorries transporting
Greek products to Community markets are forced to
travel through Hungary and Czechoslovakia . Despite
requests from the Commission, the Government of
Hungary is refusing to reduce transit charges for lorries,
which it has increased, totally arbitrarily and in violation
of the recent EEC / Hungary association agreement, from
Dr 30 000 to Dr 200 000 . What measures will the

Commission take to ensure that the Government of
Hungary complies with its contractual obligations to the
Community and its Member States ?

3 . 12 . 92 Official Journal of the European Communities No C 317 / 13

WRITTEN QUESTION No 479 / 92

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

(9 March 1992 )

( 92 / C 317 / 23 )

Subject : Transit rights for freight vehicles through
Hungary and Czechoslovakia

The decision by the governments of Hungary and

Czechoslovakia to triple the transit fee has made
Community road haulage through Hungary and
Czechoslovakia uneconomical . The Governments of
Hungary and Czechoslovakia have already been
requested to reestablish transit rights in accordance with
the spirit of the cooperation agreement recently signed
with the Community : will the Commission say whether
this request has met with any response and whether this
serious problem will be satisfactorily resolved ?

WRITTEN QUESTION No 1177 / 92

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

( 15 May 1992 )

( 92 / C 317 / 24 )

Subject : Problems involving road transport through
Hungary

Road transport through Hungary, linking Greece with
the other Community Member States, has recently been
discontinued once again owing to the limited number of
transit permits issued by the Hungarian Government and
the exorbitant increase in transit charges .

What steps does the Commission intend to take to solve
this problem, which is severely curtailing Greece 's trading
activities ?

Joint answer to Written Questions Nos 102 / 92, 310 / 92,

434 / 92, 479 / 92 and 1177 / 92

given by Mr Van Miert
on behalf of the Commission

( 11 September 1 992 )

The Commission would like to refer to the statement
made on this issue by Commission Vice President
Andriessen in Parliament on 17 January 1992 when
debating the Interim Agreements with Poland, Hungary
and Czechoslovakia (') and to the reply given by Mr Van
Miert to the oral question No H-0027 / 92 of Mr
Anastassopoulos in the Plenary Session on 12 February of
the European Parliament ( z ).

The Commission would also like to inform the
Honourable Members that negotiations carried out by the
Commission with Hungary and Czechoslovakia led to a
reduction of road transit taxes which were accepted by
Greece . This made possible the entering into force on 1
March 1992 of the EC / Hungary and EC / CSFR Interim
Agreements and the signing on 4 April 1992 of the
exchance of letters dealing with transit and financial
requirements .

(') Plenary Session 17 . 1 . 1992
( 2 ) Debates of the European Parliament No 3-414 ( February

1992 ).

WRITTEN QUESTION No 103 / 92

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

( 7 February 1 992 )

( 92 / C 317 / 25 )

Subject : Refugee homes in Kessariani

Much of the brick-built housing in Kessariani
accommodating refugees from Asia Minor has begun to
collapse, with the result that living conditions in this
shanty town erected in 1922 have become intolerable . The
local authorities naturally see an urgent need for
regeneration in this area and have prepared plans and
design studies for the new form of this refugee quarter . Is
there any scope at Community level for aid from the
Commission to the local authorities in Kessariani to carry
out this regeneration programme ?

Answer given by Mr Millan
on behalf of the Commission

( 12 August 1992 )

The Commission is aware of the problems to which the
Honourable Member refers . However, it regrets that it is
unable to assist since the Structural Funds are not able to
finance the construction or renovation of housing .

WRITTEN QUESTION No 114 / 92

by Mr Siegbert Alber ( PPE )
to the Commission of the European Communities

( 7 February 1 992 )

( 92 / C 317 / 26 )

Subject : Waste disposal site on the Greek island of

Zakynthos

A site has been chosen with financial support from the
European Community ( funds from the Medspa

No C 317 / 14 Official Journal of the European Communities 3 . 12 . 92

programme ) for a wase disposal plant on the Greek island
of Zakynthos, which is extremely unsuitable from the
environmental and nature protection point of view since
the area is one of the most important breeding beaches for
the threatened loggerhead turtle .

1 . Is the Commission aware of these plans of the Greek
Government and the local authorities ?

2 . Was an environmental impact assessment carried out

when the plans were being drawn up ?

3 . Could the Commission not make the granting of

Community funds definitively dependent on the
observance of environmental regulations if national
governments do not duly transpose Community law
( e.g. environmental impact assessments ) and / or fail to
monitor it effectively ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

(8 July 1992 )

The Commission has never been requested by the Greek

authorities to support financially a project concerning the
waste disposal site in Zakynthos through the funds of
Medspa programme . The Commission is very well aware
of the sensitive nature of the area in question and has
financed through Medspa, a specific project for the
protection, monitoring and public awareness campaign
for the threatened Loggerhead turtle Caretta-Caretta .

The Commission reminds the Honourable Member that
the granting of Community funds are of course
dependent on the observation of Community
environmental legislation .

WRITTEN QUESTION No 127 / 92

by Mrs Simone Martin ( LDR )
to the Commission of the European Communities

(7 February 1992 )

cases where losses on sales were offset in the government
budget must be regarded as aid incompatible with the
common market .

Can the Commission reconcile these two answers and
explain how the German alcohol monopoly can be both
compatible and incompatible with the Treaty of Rome ?

O OJ No C 248, 23 . 9 . 1991, p . 35 .
( 2 ) OJ No C 55, 2 . 3 . 1992, p . 8 .

Answer given by Mr Mac Sharry

on behalf of the Commission

( 28 July 1992 )

Unlike the Honourable Member, the Commission sees no
contradiction in its answers to Written Questions Nos
773 / 91 and 880 / 91 .

In its answer to Written Question No 773 / 91, the
Commission explained that in the absence of common
rules on ethyl alcohol of agricultural origin, the German
alcohol monopoly ( adjusted as required by Article 37 of
the EEC Treaty ) may be maintained beyond 1 January

1993 .

Pursuant to Article 4 of Council Regulation No 26 / 62 ('),
Articles 92 to 94 of the Treaty are not wholly applicable to
the alcohol sector . Therefore, the Commission may only
give opinions and recommendations concerning aid
granted by Member States in that sector . The
Commission regularly re-examines existing national
schemes for that purpose .

In view of the current state of affairs, the Commission will
prepare a proposal for a Council Regulation on the
common organization of the market in alcohol,
particularly with a view to ensuring satisfactory
competition within the Community .

o QJNo30, 20 . 4 . 1962 .

( 92 / C 317 / 27 ) WRITTEN QUESTION No 210 / 92

Subject : Subsidies for alcohol production

In its answer to Written Question No 773 / 91 ('), the
Commission indicated that the German alcohol
monopoly was no longer incompatible with the Treaty of
Rome and could therefore be maintained after 1 January

1993 .

In its answer to Written Question No 880 / 91 ( 2 ) on the
German Government 's policy of granting subsidies for
alcohol production, the Commission indicated that, in
theory, the sale of alcohol produced in a Member State in

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

( 13 February 1992 )

( 92 / C 317 / 28 )

Subject : Council Directive of 7 June 1990 on the freedom

of access to information on the environment —

terminology

1 . Is there any background material to Directive
90 / 313 / EEC (') which, in particular, explains the terms
used in the Directive ? If so, where can it be found ?

3 . 12 . 92 Official Journal of the European Communities No C 317 / 15

2 . Does the term ' environment ' in this ' directive Wilhelm Mecklenburg and Walter Sauermilch, answers to
correspond to that in Directive 85 / 337 / EEC ( 2 ) on the following questions would be appreciated :
environmental assessment ?

3 . Do the ' measures and activities ' referred to in
Article 2 of Directive 90 / 313 / EEC include the ' projects '
referred to in Directive 85 / 337 / EEC ?

4 . Should the ' information ' referred to in Articles 1
and 2 of Directive 90 / 313 / EEC be taken to mean not just
data in the sense of individual items of information on the

environment but also written records such as complete
reports or other documents drawn up by public
authorities involved in the ' measures and activities '

referred to in Article 2 ?

5 . Are reports which constitute component parts of
written records produced by public authorities and

connected with the ' measures and activities ' referred to in
Article 2 ( even when intended for other authorities ) not in
principle covered by the proviso of :

( a ) Article 3(2 ), first indent : ' the confidentiality of the

1 . Does the Comijiission consider that Directive
90 / 313 / EEC has not been adequately transposed into
national law if the general public is given access solely
to ' data ' ( individual items of information on certain
topics ) on the environment, but not to ' written
records ' ( other records or documents serving an
official purpose )?

2 . Does Directive 90 / 313 / EEC justify the refusal to

allow access to either data or records in the case of
procedures ( in particular, project approval
procedures ) which have not yet been completed ?

3 . Is it permissible for public authorities to require the
reason for which the information is requested to be
specified, or does such a rule contradict Article 3(1 ) of
the Directive, according to which information is to be
provided without any requirement for the enquirer to
prove an interest ?

proceedings of public authorities '; 4 . Is it permissible to allow information existing in

computerized form to be made available only as a
( b ) Article 3(3 ) ' internal communications ', print-out ?

proceedings of public authorities ';

particularly in cases where such reports are part of an

( approval ) procedure which has not yet been fully
completed ?

6 . Are the provisos of the Directive to be interpreted
narrowly and to be understood, when the Directive is
incorporated into national law, as applicable only to
individual cases and not to entire categories of cases ?

7 . In particular, may the proviso of ' manifestly
unreasonable ' be applied only in so far as the manifest
unreasonableness must stem from a request in which the
enquirer 's interest in the information is not specified ?

8 . Is it genuinely, therefore, the purpose of Directive
90 / 313 / EEC to give the general public access to written
records produced by public authorities on ' activities and
measures ' relating to the environment ?

o OJ No L 158, 23 . 6 . 1990, p. 56 .
O OJ No L 175, 5 . 7 . 1985, p. 40 .

WRITTEN QUESTION No 211 / 92

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

( 13 February 1992 )

( 92 / C 317 / 29 )

Subject : Council Directive of 7 June 1990 on the freedom

of access to information on the environment —
transposition of the Directive by the
Government of Schleswig-Holstein ( Federal
Republic of Germany )

In connection with the request for the Commission 's
opinion made on 12 January 1992 by Lambert Hilkes,

Joint answer to Written Questions Nos 210 / 92 and 211 / 92

given by Mr Van Miert
on behalf of the Commission

(4 September 1992 )

The terms used in Directive 90 / 313 / EEC are not based
on any particular background material .

Directive 90 / 313 / EEC aims to guarantee a genuine right
of access to information .

Access to information refers to information held by public

authorities concerning not only the state of the
environment but also activities or measures which are
damaging or potentially damaging to the environment .
This information may relate to projects coming under

Directive 85 / 337 / EEC insofar as ' the execution of

construction works or of other installations or schemes '
constitutes activities which are potentially damaging to
the environment .

I
The concept of the environment contained in Directive

85 / 337 / EEC is based on ideas such as material assets and
the cultural heritage which are not explicitly contained in
the definition of ' information relating to the environment '
( Directive 90 / 313 / EEC ).

If public authorities hold information relating to activities
or measures which either aim to protect the environment
or affect the environment, they must make it available to
any person who requests access .

It is for the Member States to define arrangements for
making the information available in practice . The choice
of these arrangements must not result in restricting access

No C 317 / 16 Official Journal of the European Communities 3 . 12 . 92

to information on the environment which is available in

written, visual, aural or data-base form .

However, a request for information may be refused if the
confidentiality of the public authorities ' proceedings is at
risk . This clause aims to prevent everything connected
with the proceedings from being made public .

Other interests specified by Directive 90 / 313 / EEC may
constitute clauses which derogate from the principle of
freedom of access to information on the environment .

' Manifest unreasonableness ' constitutes one of the four

possibilities of refusal based on formal reasons rather
than substantive reasons, as provided for by Directive
90 / 313 / EEC .

The various cases in which a request for information may
be refused are described in detail by Directive
90 / 313 / EEC .

These cases do not envisage the possibility of refusing

access to environmental information because of an
' incomplete ' project authorization procedure .

The public authority may invoke one of the cases for
refusal in a specific situation only if the laws of the
Member State explicitly provide for this possibility .

The principle according to which access to information
does not carry any obligation to declare an interest implies
that a request for information does not have to state what
interest exists in obtaining the information, thereby ruling
out the possibility that the ' purpose ' which the
information is intended to serve would have to be

declared .

What action does the Commission propose to take to put
an end to this unacceptable practice and ensure that
Greece 's rules on military service come into line with
those in the other Member States of the Community ?

Answer given by Mr Delors
on behalf of the Commission

( 17 June 1992 )

As it has often had occasion to point out, the Commission
has no competence in this field . It cannot, therefore,
undertake the steps suggested by the Honourable
Member .

Respect for human rights is widely secured in the Member
States, which have undertaken commitments both
internationally and regionally by ratifying the Covenants
on economic, social, cultural, civil and political rights by
ratifying the 1950 Council of Europe Convention on
Human Right and Fundamental Freedoms . Greece
ratified the Council of Europe Convention in November

1974 ; Article 9 states that all persons are entitled to
freedom of thought, conscience and religion .

When the Committee of Ministers of the Council of

Europe adopted the recommendation to the Member
States on conscientious objection to military service on 9
April 1987, the Greek Delegate reserved his
Government 's right to decide whether or not to comply
with it .

WRITTEN QUESTION No 276 / 92
WRITTEN QUESTION No 268 / 92 by Mr Diego de los Santos López ( ARC )

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

( 24 February 1992 )

( 92 / C 317 / 30 )

Subject : Criminalization of conscientious objectors in

Greece

In Greece, conscientious objectors are persistently treated

like criminals and imprisoned in military gaols for long

terms .

Despite repeated calls by the European Parliament,
among others, the Greek Government continues to refuse
to comply with general human rights requirements . This
should no longer be tolerated in a State which belongs to
the European Community .

to the Commission of the European Communities

( 24 February 1992 )

( 92 / C 317 / 31 )

Subject : Sewage in Malaga

There is a sewage treatment plant in the province of

Malaga in the Cortijuelo district . The effluent is
discharged into a nearby gully where it stagnates . The
mains which supplies the city of Malaga with drinking
water run below this gully . A large number of wells are
also situated nearby . Repeated protests have been made to
the Andalusian health authorities about the leaking of
stagnant, polluted and evil-smelling water into the
drinking water mains . In particular, the residents of
Puerto de la Torre in Malaga have been complaining
about this since 1983 .

3 . 12 . 92 Official Journal of the European Communities No C 317 / 17

Is the Commission aware of this public health hazard In particular, can it state what funding has been allocated
affecting many of the residents of Malaga, which is to Italy to date and give a breakdown thereof ?
aggravated in summer by a major influx of European
tourists ?

Does the sewage treatment plant meet the requirements of
Council Directive 75 / 442 / EEC (') and other Community
provisions to the effect that Member States must take the
necessary measures to ensure that waste is disposed of
without harming the environment ?

O OJ No L 194, 25 . 7 . 1975, p. 47 .

Answer given by Mr Van Miert

on behalf of the Commission

( 8 September 1 992 )

The Commission will investigate the case on the basis of
the information given in the question .

As regards Community legislation which might be

applicable to the situation, it will have to be examined
whether the provisions of Directive 80 / 778 / EEC on the
quality of drinking water intended for human
consumption (') and Directive 75 / 442 / EEC on waste are
being respected .

Furthermore, depending on what more precise actual
information on the type of pollutants discharged neveals,
Directive 76 / 464 / EEC on pollution caused by certain
dangerous substances discharged into the aquatic
environment of the Community ( 2 ) or Directive
80 / 68 / EEC on the protection of groundwater against
pollution caused by certain dangerous substances ( 3 ) may
be relevant in the present case as well .

O OJ No L 229, 30 . 5 . 1980 .
O OJ No L 129, 18 . 5 . 1976 .
O OJ No L 20, 26 . 1 . 1980 .

Answer given by Mr Mac Sharry

on behalf of the Commission

( 31 July 1992 )

In the past, Community financial aid to beekeepers has
taken different forms :

— 1968 — 1980 : premiums for denaturing of sugar
intended for beekeeping ( interruption in 1975 and

1976 );

— 1976 : direct aid to beekeepers ' associations ( Ecu 2,5

million );

— 1981 — 1983 : fixed-rate aid ( Ecu 1 per hive ) for three

years ( Council Regulation No 1196 / 81 (')). Under
this scheme, a total of Ecu 11,5 million was paid to
Community beekeepers ' associations, of which Ecu

1,3 million to associations in Italy, allocated on the
basis of the number of hives declared ;

— 1986, 1987 and 1989 : aid, for three years, towards

measures to combat varroasis . Under this scheme a
total of Ecu 1,8 million was paid to Community
beekeepers ' associations, of which Ecu 250 000 to
associations in Italy, allocated on the basis of the
estimated number of hives .

Currently, there are no Community aid arrangements in
force .

O OJN0L122, 6 . 5 . 1981,

WRITTEN QUESTION No 395 / 92

by Mr Edward Newman ( S )
to the Commission of the European Communities

( 27 February 1 992 )

( 92 / C 317 / 33 )
WRITTEN QUESTION No 358 / 92

by Mr Mauro Chiabrando ( PPE )
to the Commission of the European Communities

( 27 February 1 992 )

( 92 / C 317 / 32 )

Subject : Initiatives for Italian beekeeping

Can the Commission state what measures have been taken
by the Community to support beekeepers and what are
the Regulations governing funding ?

Subject : Dissemination of racial hatred in the form of

' music ' in the European Community

In Britain, musical record producers and distributors
boycott groups known for advocating racial hatred and
neo-nazi ideas through ' music '. According to the
newspaper ' Le Monde ' ( 21 January 1992 ), there are two
record companies outside the United Kingdom which
ensure the production and distribution of racist records .
One is ' Rock O Rama ' in the Federal Republic of
Germany and the other is ' Rebelles Européens ' in France .

No C 317 / 18 Official Journal of the European Communities 3 . 12 . 92

Can the Commission say whether there are any provisions
governing the distribution and use of audio or visual
material within the Community which expressly prohibit
such practices ? If not, will the Commission seriously
consider what can be done to prohibit people, associations
or firms in one Member State from producing, promoting
and distributing what has been banned in another
Member State for reasons of racism, anti-semitism,
xenophobia or other forms of hatred ?

Answer given by Mr Bangemann

on behalf of the Commission v

(5 August 1992 )

According to Community law, the repression of
anti-racial behaviour falls within the competence of the
Member States .

As regards the distribution by television or audiovisual

material, Article 22 of the ' Television without frontiers '
Directive 89 / 552 / EEC (') obliges Member States to
ensure that television programmes do not contain
incitement to hatred on grounds of race, sex, religion or
nationality .

Moreover, Article 12 of this Directive provides the same
prohibition for television advertising . Pursuant to
Article 3 of the same Directive, Member States remain
free to require television broadcasters unter their
jurisdiction to lay down more detailed or stricter rules in
the areas covered by this Directive .

As regards distribution by radio and other means, the
Treaty reserves the power for Member States to restrict or
prohibit circulation or goods or services on the grounds
of public morality, public policy or public health .

The representatives of the Member States meeting within

the Council signed, along with Parliament, the Council
and the Commission, the Joint Declaration of 11 June

1986 against racism and xenophobia, and it is for them to
ensure that it is complied with on their territory .

In the resolution of the Council and the representatives of
the Member States meeting within the Council of 29 May

1990 on the fight against racism and xenophobia, the
Member States were called upon to reflect in particular on
the role which the media might play in eliminating racial
' ^
prejudice .

In the Declaration on racism and xenophobia which it
adopted in Maastricht in December 1991, the European
Council considered it necessary ' that the Governments
and Parliaments of the Member States should act clearly
and unambiguously to counter the growth of sentiments
and manifestations of racism and xenophobia '.

(') OJ No L 298, 7 . 10 . 1989 .

WRITTEN QUESTION No 442 / 92

by Mrs Cristiana Muscardini ( NI )
to the Commission of the European Communities

(2 March 1992 )

( 92 / C 317 / 34 )

Subject : Improper use of Community aid

The European Community frequently provides assistance
for industries in Member States to alleviate to a certain
degree the crises affecting them .

Can the Commission inform the MEPs representing the
areas concerned of the destination of such aid, to avoid it
being improperly used ?

Can the Commission verify the use to which such funds
are being put ?

Can the Commission take necessary measures to ensure
that Community funds are used only to improve existing
plant and that they cannot be used in any way to set up
new activities in third countries following the closure of
existing plant in Community territory ( for example the
closure of the Seregno plant in Lombardy by Pirelli,
which is transferring its activities to Malaysia ) ?

Answer given by Mr Christophersen

on behalf of the Commissiion

(6 July 1992 )

The Commission would draw attention to the fact that

industrial policy and the strategic choices which arise
from it, is the responsibility of Member States .

The Community provides assistance for the industries of

Member States in crisis by means of support policies,
mainly financed by the structural Funds .

In particular, Objective 2 of the reform of the structural
Funds, in force since 1 January 1989, aimed at the
conversion of industrial regions in decline via the
promotion of alternative economic activities and the
improvement of human resources, on the basis of the
Community Support Framework ( CSF ) which determines
priorities for assistance from the Funds in the areas
concerned . These CSFs are incidentally public documents
available to the European Parliament .

This assistance is supplemented by Community
programmes and initiatives designed to alleviate as far as
possible the effects of crises in the iron and steel industry

( Resider ), shipbuilding ( Renaval ), coal-mining areas
( Rechar ) and the textile industry ( Retex ).

3 . 12 . 92 Official Journal of the European Communities No C 317 / 19

The authorities in the Member States are mainly
responsible for the use of aid granted by the Commission
and this largely depends on how well they are able to
inform and finance business undertakings, as well as
carrying out necessary administrative procedures and
ensuring a smooth running of financial channels .

The criteria to be eligible for operations co-financed by
the ERDF aimed at creating jobs and by the ESF aimed at
improving human resources, as well as following up,
evaluating and inspecting, as laid down in the rules
covering this aid, reveals that the Honourable Member
has no reason to be apprehensive . Under no circumstances
can the structural Funds finance investment outside the

Community .

WRITTEN QUESTION No 510 / 92

by Mrs Sylviane Ainardi ( CG )
to the Commission of the European Communities

( 16 March 1992 )

( 92 / C 317 / 35 )

Subject : Prohibiting the blending of wines

Given that consumers wish to know, and producers wish
to draw attention to, the origin of the products being
consumed, will the Commission encourage the
consumption of pure wines and propose a ban on the
blending of wines from different Community Member
States, in order to improve the quality of wine, a measure
called for by many professional wine-growing
organizations and by the European Parliament on 11
March 1987 ?

In its answer to Written Question No 1698 / 86 ( 2 ), the
Commission took the opportunity of demonstrating that
the Member States ' unwillingness to accept Community
provisions intended to highlight qualitative characteristics
of table wines and to restrict the productivity of
wine-growing areas has led to the production of a
considerable quantity of mediocre table wine . Blending is
often the only way of reducing or compensating for the
qualitative shortcomings of such wines . Such
considerations have no bearing oi \ the origin of the wine
used .

It should also be pointed out that a general ban on the
blending of wines from different Member States of the
Community would affect intra-Community trade .
Compliance with a ban of this nature would be difficult to
monitor in the single market .

The Commission considers that the consumer of such
blended wines is adequately informed by the statement
' blend of wines from different countries of the European
Community ', which must be present on the labels of 0,75 1
bottles in characters at least 5 mm high ( 3 ). Checks are
currently under way to verify whether this requirement is
always met .

In conclusion, the Commission believes that instead of
banning the blending of table wines of different origins, it
would be preferable to raise the quality requirements and
to take steps to restrict the productivity of wine-growing

areas .

O OJNoC30, 6 . 2 . 1991 .
O OJNoC 177, 6 . 7 . 1987 .
( J ) Article 2 ( 1 ) of Regulation ( EEC ) No 3201 / 90 ( OJ No L 309,

8 . 11 . 1990 ).

WRITTEN QUESTION No 557 / 92

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

Answer given by Mr Mac Sharry

on behalf of the Commission ( 19 March 1992 )

on behalf of the Commission

( 28 July 1992 ) ( 92 / C 317 / 36 )

The Commission shares the Honourable Member 's view
that consumers wish to know the origin of the products
offered them . Moreover, a key element of the common
agricultural policy is to create the instruments which will
allow producers to draw full advantage from indicating
the geographical origin of their products when this is a
criterion for increasing their returns on those products . A
proposal for a Regulation on this matter was adopted by
the Council on 13 July 1992 (').

Subject : Use of historic vehicles on Community roads

Following representations to me by the operators of
veteran, vintage and classic motor vehicles regarding their
fears over potentially restrictive legislation prohibiting the
use of their vehicles on public roads, would the
Commission please state their policy towards such
activities and could I invite them to allay such fears ?

No C 317 / 20 Official Journal of the European Communities 3 . 12 . 92

Answer given by Mr Van Miert

on behalf of the Commission

( 7 September 1 992 )

In drafting proposals for the roadworthiness testing of
vehicles, amendments to Directive 77 / 143 / EEC 0 on the
roadworthiness testing of motor vehicles and their
trailers, the Commission was mindful to set standards
which were not over and above those for which the
vehicle was originally constructed . To that end, the
Commission consulted representatives of classic and
vintage vehicle associations, including European
Parliament members who have a special interest in these
vehicles . So far, the Commission has drafted proposals on
the roadworthiness testing of vehicle braking systems and
exhaust emissions ( 2 ). Vehicles which were manufactured
before 1970 are exempt from the ' emissions ' proposal .
The proposal concerning brakes is sufficiently general to
ensure that vehicles will meet the requirements provided
they are adequately maintained, irrespective of their year
of manufacture .

The Commission will continue to bear in mind the needs

of vintage and classic vehicle users when drafting any
future legislation on vehicle roadworthiness testing .

In short, the consequences of the current legislation, the
proposals and any future work will not result in the
prohibition of these vehicles .

Answer given by Mr Van Miert

on behalf of the Commission

( 4 September 1 992 )

Public investments on port infrastructure are normally,
although probably to very different degrees, transferred
to port charges . The Commission considers it desirable
that port charges reflect the commercial cost of capital
invested in infrastructure in order to approximate the
competition conditions of ports .

The Commission believes that a study shortly to be

commissioned into the improvement of the transparency
of ports accounts will facilitate further progress in this

area .

Finally, the Member States are reminded of the need to
observe scrupulously their obligations in respect of
notification of aids, in order to permit the Commission to
carry out the tasks which fall to it by virtue of the Treaty .

WRITTEN QUESTION No 600 / 92

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

O 0 OJ OJ No No L L 1$9 47, 18.2, 20.7 . 1977 . 1991 . . ( 19 March 1992 )

( 92 / C 317 / 38 )

Subject : Assistance for Cantabria

What specific projects in the Autonomous Community of

WRITTEN QUESTION No 592 / 92

by Mr Gijs de Vries ( LDR )

Cantabria ( Spain ) will receive funding under Decision
91 / 651 / EEC O ?

to the Commission of the European Communities What Community funding will be received by each of

( 19 March 1992 ) these projects ?

( 92 / C 317 / 37 )

Subject : State aid to port infrastructures

According to the fact finding report by the Ports Working

Party ( Commission, November 1986 ), there are large
differences between the Member States in respect of aid
to port infrastructures ( embankments, dock basins,
premises etc .). In Amsterdam and Rotterdam investment
in the maintenance of port infrastructure is borne by the
harbour authorities alone, while in Belgium and Germany
the Government covers some of the costs . This affects the
fees charged by the port authorities to operators using
port facilities .

Does the Commission agree that it should be informed of
subsidies for port infrastructures which have an
unfavourable effect on intra-Community trade, pursuant
to Article 93(3 ) of the EEC Treaty ?

(') OJ No L 350, 19 . 12 . 1991, p. 53 .

Answer given by Mr Mac Sharry

on behalf of the Commission

( 22 July 1992 )

The reform of the Structural Funds and the associated

legislation places a greater responsibility on national and
regional authorities in the selection of projects .

The Spanish authorities have not yet submitted their list
of projects for 1992 and 1993 .

In 1991 the Commission gave approval for the
part-financing of Operational Programmes submitted by

3 . 12 . 92 Official Journal of the European Communities No C 317 / 21

Spain in the context of the Community Support
Framework with a view to improving processing and
marketing conditions for agricultural products .

Out of a total of 146 projects, one milk sector project, in
Cantabria, involved an overall sum of Ecu 707 432, with
Ecu 141 486 to be provided by the EAGGF Guidance
Section .

ask for detailed information on the facts referred to by
the Honourable Member and will take the necessary steps
to ensure the proper application of Community law on the
environment .

WRITTEN QUESTION No 629 / 92

by Mr Ben Visser ( S )
to the Commission of the European Communities

WRITTEN QUESTION No 603 / 92

Mr Paul Staes V ( 23 March 1992 )

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

( 92 / C 317 / 40 )

( 23 March 1992 )

( 92 / C 317 / 39 ) Subject : Observance of the Marpol Treaty

Subject : Infringement of the Directive on the
conservation of wild birds and the Ramsar

Convention

The ' Het Zoute N. V. ' company wishes to open a

European congress centre on the edge of the ' Het Zwin '
nature reserve in Knokke-Heist ( Belgium ).

The congress centre will consist of about 200 flats, 200
hotel rooms, a shopping centre, meeting rooms, a
swimming pool and parking spaces for 500 vehicles .

The construction and operation of the centre are likely to

have a disastrous effect on the environment of the entire

surrounding area .

The ' Het Zwin ' nature reserve is protected by

— Council Directive 79 / 409 / EEC (*) on the
conservation of wild birds ( which was adopted by the
Flemish Executive ) applying to Het Zwin and the
surrounding area,

— the Ramsar Convention on Wetlands of international

importance especially as waterfowl habitats .

Will the Commission ensure that steps are taken to
prevent this damage to an area of natural beauty and
scientific interest and to prevent the Council Directive
and Ramsar Convention from becoming a dead letter ?

A report recently appeared in the Netherlands by the
' North Sea Working Party ' which suggests that much
remains to be done to improve the detection and
prosecution of oil discharges in the North Sea . Even when
the culprit is caught, the discharge proven and a fine
imposed, the culprit finds it cheaper to pay the fine of a
couple of thousand guilders than to have the tanks of a
ship cleaned in the officially prescribed manner .

Furthermore, the report also suggests that monitoring of
pollution by the Netherlands is not bad when compared
with other countries .

1 . Is the Commission prepared to urge the Member
States to observe the Marpol Treaty more fully ?

2 . Does the Commission see any opportunity for better

coordination between the Member States on the
detection of discharges in international waters ?

WRITTEN QUESTION No 789 / 92

by Mr Hemmo Muntingh ( S )
to the Commission of the European Communities

(6 April 1992 )

( 92 / C 317 / 41 )

O OJ No L 103, 25 . 4 . 1979, p. 1 .
Subject : Compliance with the Marpol Convention

Answer given by Mr Van Miert

on behalf of the Commission

(9 July 1992 )

Given that Belgium has classified the Zwin natural reserve
a Knokke-Heist as a special protection area in accordance
with Article 4 of Directive 79 / 409 / EEC, the Commission

From to 2 to 7 March 1992 the Marine Environment
Protection Committee ( MEPC ) of the International
Maritime Organization ( IMO ) met in London . During
this meeting a number of questions were to be discussed
which are also of particular relevance to the Community 's
environmental policy, for example the extent to which
states are fulfilling their obligations under the Marpol
Convention and the possibility for shipowners and crews
to take out insurance against fines for illegal discharges .

No C 317 / 22 Official Journal of the European Communities 3 . 12.92

The relevant report reveals that virtually none of the

signatory states to the Marpol Convention fully complies
with it, in particular, fines were imposed in only a small
number of cases where vessels were found to have been
making illegal discharges and that in the cases where fines
were imposed, these were not ' adequate in severity ' as
required by the Convention . In addition, many states did
not provide information on the detection and prosecution
of the vessels concerned .

1 . Can the Commission indicate, if possible on the basis
of information not supplied by the national authority
to the IMO, to what extent the Community Member .
States respect their commitments under the Marpol
Convention ?

2 . Are there differences between the Community
Member States with regard to the prosecution and the
penalties imposed for illegal discharges at sea and, if
so, what are these differences ?

3 . If there are large discrepancies between the Member
States concerning the penalties ( fines ) imposed for
illegal discharges at sea, will the Commission draw up

measures to :

( a ) harmonize the ( level of ) fines for infringements
of the Marpol Convention in the Member States
of the Community and

( b ) introduce sanctions which are ' adequate in
severity ' ?

WRITTEN QUESTION No 790 / 92

by Mr Hemmo Muntingh ( S )
to the Commission of the European Communities

(6 April 1992 )

( 92 / C 317 / 42 )

Subject : Compliance with the Marpol Convention

From 2 to 7 March 1992 the Marine Environment
Protection Committee ( MEPC ) of the International
Maritime Organization ( IMO ) met in London . During
this meeting a number of questions were to be discussed
which are also of particular relevance to the Community 's
environmental policy, for example the extent to which the

states are fulfilling their obligations under the Marpol
Convention and the possibility for shipowners and crews
to take out insurance against fines for illegal discharges .

The relevant report reveals that virtually none of the

signatory states to the Marpol Convention fully complies
with it . In particular, fines were imposed in only a small

number of cases where vessels were found to have been

making illegal discharges and that in the cases where fines
were imposed, these were not ' adequate in severity ' as
required by the Convention . In addition, many states did
not provide information on the detection and prosecution
of the vessels concerned .

1 . Can the Commission confirm whether vessels and
crews sailing under the flag of one of the Community
Member States are able to take out insurance against
fines for infringement of the Marpol Convention ?

2 . If so, is the Commission prepared to take steps to put

an end to this practice ?

Joint answer to Written Questions Nos 629 / 92, 789 / 92 and

790 / 92

given by Mr Van Miert
on behalf of the Commission

(9 July 1992 )

1 . The Community is not a contracting party to the
Marpol Convention and only has observer status within
the International Maritime Organization .

The Commission believes, particularly following the
recent ' Bertens Report ' by Parliament 's Committee on the
Environment, Public Health and Consumer Protection on
the environmental damage caused by oil spills from oil
tankers, that the Community should play a greater role in
combating sea pollution .

As for the Marpol Convention, its application is currently

supervised by the intergovernmental body ' Memorandum
of Understanding on port state control of vessels ', in
which the Community participates .

However, there is an obligation on the Member States,
not under the regime of Port State Control, to inspect
ships which have violated the Marpol Convention by
discharging harmful substances into the sea . Such
inspections must be carried out in cooperation with other
States in the region by detecting and monitoring these
discharges and accumulating evidence . Upon evidence the
Administration must investigate the matter in accordance
with the Convention .

2 . The Commission believes there should be better
coordination among the Member States on the detection
of discharges into international waters .

3 . 12 . 92 Official Journal of the European Communities No C 317 / 23

Accordingly, it recently contributed to a seminar dealing
with the search for evidence admissible in national courts

within the framework of the Bonn Agreement .

It also believes that it would be useful to set up a study on
the application of the Marpol Convention by the Member
States .

WRITTEN QUESTION No 635 / 92

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

( 23 March 1992 )

( 92 / C 317 / 43 )

Subject : Protection of Mt Poikilon

The reafforestation and cultivation of Mt Poikilon offers

what is perhaps the last chance to deal with air pollution
in the west of Athens and improve the quality of life
throughout the Athens metropolitan area . Will the
Commission take measures to have Mt Poikilon
designated an area in which it is prohibited to divide the
land into plots and will it urge the Greek Government to
introduce building restrictions immediately across the
entire mountain ?

Answer given by Mr Van Miert

on behalf of the Commission

( 29 September 1 992 )

The area in question has not been identified as a special
protection area for wild birds within the meaning of
Council Directive 79 / 409 / EEC (').

The Commission would remind the Honourable Member
that issues relating to town and country planning are the
responsibility of the regional and national authorities,
and that it therefore has no powers of investigation in this
field .

O OJN0LIO3, 25 . 4 . 1979 .

rainforests . Since the Commission has seen fit ( rightly ) to
restrict imports of tropical hardwoods from Sarawak, will
it now do the same from Burma ?

Answer given by Mr Matutes

on behalf of the Commission

( 31 July 1992 )

These are at present no restrictions on imports of tropical

hardwood from Sarawak .

Any measures to be undertaken by the European
Community as regards halting deforestation in Myanmar
( Burma ) would have to be in conformity with the
Community 's international obligations . Unilateral and
discriminatory trade measures contravene GATT
regulations ; no such actions are presently under
consideration .

As the European Commission has not initiated any

cooperation programmes with Myanmar since the
military crack-dawn in 1988 the means by which the
Commission can affect the management of the forests in
Myanmar are limited . However, the Commission has
repeatedly emphasized the importance of introducing
management methods that will ensure sustainable yields
and its readiness to examine how the Community could
support such efforts .

The European Community and its Member States have

stated their readiness to re-establish constructive relations
with a democratic Myanmar respectful of democratic
procedures and human rights . Once constructive relations
have been re-established the Commission will seek to
undertake actions for the conservation of Myanmar 's
forests using the instruments at its disposal .

WRITTEN QUESTION No 662 / 92

by Mrs Imelda Read ( S )
to the Commission of the European Communities

( 26 March 1992 )

WRITTEN QUESTION No 641 / 92
( 92 / C 317 / 45 )

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

( 23 March 1992 )

( 92 / C 317 / 44 )

Subject : Exploitation of Burma 's tropical forests

Imports of Burmese / Thai teak contribute to the
environmental destruction of Burma 's tropical

Subject : European companies

Could the Commission indicate how it defines a
European company at the moment, i . e . before 1 January

1993 ? Could it list in order of importance the criteria it
applies in determining what is or is not a European
company ? Do all DGs apply the same criteria ?

No C 317 / 24 Official Journal of the European Communities 3 . 12 . 92

If there are no generally applied criteria, could the
Commission indicate when it proposes to establish these
and how it will take the views of the EP into account ?

Answer given by Mr Bangemann

on behalf of the Commission

(3 July 1992 )

The criteria for determining whether a company is

European in the sense of being a ' European company '
with the right to freedom of establishment in the
Community are laid down by Article 58 of the EEC
Treaty . Under the terms of this Article, a ' European
company ' must fulfill two conditions ;

— it must be formed in accordance with the law of a

Member State ;

— it must have its registered office, central
administration or principal place of business within
the Community : These conditions for determining
whether a company is European were spelt out in the
General Programmes for the abolition of restrictions
on freedom of establishment and freedom to provide
services adopted by the Council on 18 December

1961 ('). Where a company has only its registered
office in the Community, then in order for it to enjoy
freedom of establishment, its activity must show a real
and continuous link with the economy of a Member
State, but such links may not be one of nationality, in
particular not of the persons holding managerial or
supervisory posts .

All Commission departments apply the same criteria when
determining whether a company in a Member State has
the right to freedom of establishment in another Member
State .

(') OJ No 2, 15 . 1 . 1962 .

WRITTEN QUESTION No 665 / 92

by Mr Manuel Medina Ortega ( S )

to the Commission of the European Communities

( 26 March 1992 )

( 92 / C 317 / 46 )

Subject : Grids and networks which do not spoil the

landscape

What assistance can the Community provide for plans to

integrate electricity grids and telecommunications

networks and the like into landscapes which merit
environmental protection in the outermost regions of the
Community, particularly the Canary Islands ?

Answer given by Mr Van Miert

on behalf of the Commission

( 28 September 1992 )

Ensuring that communications networks blend into the
landscape of the most remote regions and other regions of
the Community is part of an environmentally sound
approach to development which can be incorporated into
the operational programmes financed by the Community .

In the case of the Canary Islands, measures of this kind, if
proposed by the competent authorities, can be financed
under the operational programmes for the Canaries and
the integrated operational programme for Gomera .

WRITTEN QUESTION No 701 / 92
by Mr Juan de la Cámara Martínez ( S )
to the Commission of the European Communities

(6 April 1992 )

( 92 / C 317 / 47 )

Subject : Wetlands in the Community

Has the Commission considered setting up a special
economic aid programme for the conservation of
wetlands in the Community as special nature reserves ?

Answer given by Mr Van Miert

on behalf of the Commission

( 28 September 1 992 )

The Commission has no specific economic aid
programme for the conservation of wetlands in the
Community as special nature reserves .

However, under Regulation ( EEC ) No 2242 / 87 on action
by the Community relating to the environment, it has
already co-financed numerous projects to protect
wetlands .

In addition, cooperation between the Ramsar Convention
Secretariat and the Commission was stepped up recently .
In this context, a specific programme for the conservation
of Mediterranean wetlands ( Medhum ) started in
conjunction with the Member States concerned and the
Ramsar Convention Secretariat .

3 . 12.92 Official Journal of the Eufopean Communities No C 317 / 25

Moreover, an external technical support group has been
set up specifically to step up the Commission 's activities
with regard to the protection of wetlands .

The Commission would remind the Honourable Member

that Directive 79 / 409 / EEC (') on the conservation of
wild birds and Directive 92 / 43 / EEC on habitats ( 2 ) apply
to the conservation of areas of Community importance .

(') OJ No L 103, 25.4 . 1979 .
O OJN0L2O6, 22 . 7 . 1992 .

WRITTEN QUESTION No 711 / 92

by Mr Enrique Sapena Granell ( S )
to the Commission of the European Communities

(6 April 1992 )

( 92 / C 317 / 48 )

Subject : Research into high-speed vessels

Tests have been recently carried out in the Japanese port
of Kobe with an experimental vessel built by the Japanese
Shipping Foundation . This experimental vessel is
propelled by electromagnetic superconductors with a
theoretical maximum speed of 100 knots ( approximately

185 km per hour ). This speed, if attained, would greatly
exceed the maximum speed of 80 knots reached by the
fastest experimental vessels operated by the US Navy .

1 . What information does the Commission have on
research into high-speed vessels ?

2 . What R&D projects have been developed in Europe

in this area ?

3 . What Community or multinational financing ( e.g.

Eureka ) has been earmarked for European R&D
projects ?

4 . Does the Commission not consider that high-speed

vessels could contribute considerably to the
development and increased use of this form of
transport, which is eminently suited to the
geographical configuration of Europe ?

Answer giveh by Mr Van Miert

on behalf of the Commission

( 7 September 1 992 )

1 . The development of a high-speed ship has become a
goal for maritime industries in all parts of the world .

Research has been conducted into new methods of
propulsion and new hull designs .

The Japanese in particular are working on a ship with a

magnetic / hydrodynamic propulsion system . An
experimental vessel has been undergoing tests in the Bay
of Kobe . The speeds reached in these tests have so far
been modest .

Very high speeds ( 100 knots, 180 km / h ) remain possible,
however, if technological obstacles connected with the
weight of the ship and the output of the motors are

overcome .

There has also been widespread research into other
methods of propulsion, such as the water turbine . In hull
design, new concepts in the reduction of weight and
resistance to forward motion and in seaworthiness in all
weather conditions have emerged .

The results of research in some of these new technologies

are making it possible to build vessels of progressively
higher tonnage .

2 . Passenger vessels of approximately 35 metres in
length and capable of speeds of 45 to 50 knots have been
developed and built in a number of European countries .

Projects for larger vessels using a variety of technologies
are under way .

3 . In the Community context, the programme for
research in industrial technologies and materials
( Brite / Euram II ) offers the possibility of funding for
' targeted projects ' for high-speed ships . The Commission
is expecting major projects bringing together all those
involved in this industry ( manufacturers and users ) to be
submitted in the coming weeks .

As a follow-up to the Euret research programme, the
Commission is also planning to put forward for the fourth
Community R&D Framework Programme a proposal
for the development of high-speed navigation systems .

The recent establishment at Community level of a
' Maritime Industries Forum ' in which all sections of the
industry are represented should make it possible to
identify the greatest needs of the market and allow the
industry to work together closely in developing research
projects .

The Commission proposes to use the Forum 's final report
to prepare a proposal for action which will be submitted
to the Council and Parliament .

4 . Although an increase in a ship 's speed is not always
the key to moving goods or passengers more rapidly
between two points, the development of faster vessels
could bring significant advantages to industry and to

No C 317 / 26 Official Journal of the European Communities 3 . 12 . 92

Europe 's transport system . Shipyards could become more
competitive, and the performance within the chain of
transportation as a whole of routes which include a leg
served by waterborne transport could become more
efficient .

WRITTEN QUESTION No 726 / 92

by Mr Alexandros Alavanos ( CG )
to the Commission of the European Communities

(6 April 1992 )

( 92 / C 317 / 49 )

Subject : Infringement by the Italian Government of

freedom of maritime transport

For 20 years the Greek shipping company, Fragline, has
been operating a ferry service between Patras in Greece
and Brindisi in Italy . Under the Cotif International
Convention of 1970, as amended in 1980, ferry services
between ports where there are railway terminals ( such as
Patras and Brindisi ) may fall within the legal scope of
Cotif and enjoy the rights and privileges thereunder, such
as transporting passengers holding European railway
tickets .

This right has been enjoyed for a number of years by the
Adriatika ( Italian State ) Line and the Elmes ( Greek )
private line . However, the application by the Greek
Fragline company for inclusion under Cotif was rejected
by the Italian Government, taking advantage of the
dominant position of the Italian State company,
Adriatika, the only Italian company which operates on the

above route .

This runs counter to the competition rules of the EEC
Treaty ( Article 85 and in particular Article 90 ) and the

relevant Regulations ( Articles 8 and 9 of Regulation

( EEC ) 1017 / 68 ) (') applying rules of competition to
transport by rail, road and inland waterway and Council
Regulation ( EEC ) No 4055 / 86 ( 2 ).

What steps has the Commission taken and what steps will
it take concerning Fragline 's application dating from

1984 ?

Given that the Italian Government has wrongfully
rejected this application and refused to to allow all
companies to operate between Patras and Brindisi on
equal terms, thereby creating a situation of unfair
competition between the companies concerned, why are
appropriate measures not being taken to remedy this
situation ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 September 1992 )

The Commission is collecting the information it needs to

answer the Honourable Member 's question .

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

WRITTEN QUESTION No 754 / 92

by Mr James Nicholson ( PPE )
to the Commission of the European Communities

(6 April 1992 )

( 92 / C 317 / 50 )

Subject : Milk superlevy

Can the Commission give a list of the Member States
from which the superlevy in the milk sector became due
during 1990 and 1991 and give the actual amounts due
and paid for each Member State ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(6 July 1992 )

The superlevy in the milk sector relating to the milk

marketing year 1989 / 90 is received at 57% ( state at 31
January 92 ) compared to the estimated amounts . For the

milk marketing year 1990 / 91 reception is at 62 % ( state at
31 January 92 ). The detailed tables containing the
information for the Member States are sent directly to the
Honourable Member and to Parliament 's Secretariat .

WRITTEN QUESTION No 770 / 92

by Mr William Newton-Dunn ( ED )
to the Commission of the European Communities

(6 April 1992 )

( 92 / C 317 / 51 )

Subject : State-owned schools and fees from abroad

Is it contrary to the EC Treaties for a Member State
government to ban one of its state-owned schools from
accepting fee-paying students from elsewhere in the EC
who wish to attend a short-term language course at the

o OJ No L 175, 23 . 7 . 1968, p . 1 .
O OJ No L 378, 31.12 . 1986, p . 1 . school ?

3 . 12.92 Official Journal of the European Communities No C 317 / 27

Answer given by Mrs Papandreou

on behalf of the Commission

(3 July 1992 )

The decision as to whether a State-owned school may or

may not undertake fee-paying activities falls under the
responsibility of the Member States concerned .

to the competent Greek authorities to take the
appropriate measures to ensure compliance with
Community law .

Moreover, mention should be made of two Directives
adopted by the Council in 1991, concerning the
protection of the aquatic environment from the dumping
of urban waste water ( Directive 9 1 / 271 / EEC ) ( 3 ) and the
protection of waters against pollution caused by nitrates
from agricultural sources ( Directive 91 / 676 / EEC ) ( 4 ).

In so far as individual schools are undertaking activities from agricultural sources (
relating to vocational training courses, the principle of
non-discrimination on grounds of nationality in gaining These Directives, which
access to such courses will apply . Therefore, foreign help to improve the quality
students should be able to participate under the same
conditions as students from the Member State concerned .
O OJ No L 194, 25 . 2 . 1975 .
O OJ No L 129, 18 . 5 . 1976 .
O OJ No L 135, 30 . 5 ; 1991 .
O OJ No L 375, 31 . 12 . 1991 .

These Directives, which will be applied gradually, should

help to improve the quality of surface waters .

WRITTEN QUESTION No 783 / 92

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

(6 April 1992 )

( 92 / C 317 / 52 )

WRITTEN QUESTION No 801 / 92

by Mr Llewellyn Smith ( S )
to the Commission of the European Communities

( 14 April 1992 )

Subject : Protection of Lake Trichonida ( 92 / C 317 / 53 )

Research by Professor T. Albani of Ioannina University
has established that Lake Trichonida — the largest lake in
Greece — is being polluted by urban and agricultural
( including stockbreeding ) waste . In view of the fact that
water from this lake is being used to irrigate local crops

and plans are afoot to supply the local population with
water from the same source, what measures does the
Commission consider necessary to ensure that Lake
Trichonida is effectively protected ?

Answer given by Mr Van Miert

on behalf of the Commission

(8 July 1992 )

If the waters of Lake Trichonida were to be used to
produce drinking water they would have to comply with
Directive 75 / 440 / EEC concerning the quality required of
surface water intended for the abstraction of drinking
water (').

There is no specific Community legislation dealing with
irrigation water .

Directive 76 / 464 / EEC ( 2 ) prohibits the disposal of
certain dangerous substances ( indicated in Annex I to the
Directive ) into the aquatic environment and requires that
the disposal there of other substances ( indicated in Annex
II ) be reduced .

However, if the discharges referred to by the Honourable
Member are causing pollution in Lake Trichonida it falls

Subject : Euratom

Following the admission by the British Government in a
written answer of 31 January 1992 to the UK Parliament,
recorded in Hansard column 731, that radioactive ly
contaminated soil is stored at the Woolwich Garrison in
South East London deriving from classified atomic
research and luminizing operations conducted in the mid
50s at the Woolwich Royal Arsenal, will the Commission
investigate whether this storage of nuclear waste in a
centre of dense urban population is in accordance with
Euratom safety regulations ; and will the Commission
report to Parliament at the earliest opportunity its
findings ?

Answer given by Mr Van Miert

on behalf of the Commission

(7 July 1992 )

Military establishments are not subject to the Euratom
Treaty . However, the administrative regulation of the
Woolwich site is carried out by HM Inspectorate of

Pollution . The Inspectorate has confirmed that the
contaminated soil stored there is of a very low activity and
poses no danger whatsoever to any member of the public :
indeed its presence will not result in any detectable doses
outside the site .

No C 317 / 28 Official Journal of the European Communities 3 . 12 . 92

WRITTEN QUESTION No 810 / 92

by Mr Llewellyn Smith ( S )
to the Commission of the European Communities

( 14 April 1992 )

( 92 / C 317 / 54 )

Subject : Euratom

What plans does the Commission have to draw up full
Euratom safeguard provisions for the 24 tonnes of
plutonium planned to be separated in the reprocessing of
imported irradiated oxide fuel in the new Thermal Oxide
Reprocessing Plant ( Thorp ) at BNFL Sellafield, by the
year 2000 ? What discussions have taken place between
Euratom and the International Atomic Energy Agency on
the matter ? Is the statement made by the British Energy
Minister to the UK Parliament on 28 February 1992,
recorded in Hansard of 28 February ( column 663 ), that
the costs of safeguards inspections will be met by Euratom
and IAEA, correct for plutonium separated from Japanese
reactor fuel imported into the Community ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

(7 July 1992 )

All irradiated oxide fuel planned to be separated in the
new Thermal Oxide Reprocessing Plant ( Thorp ) at BNFL
Sellafield will be subject to Euratom Safeguards . The
Euratom Safeguards Directorate has held extensive
discussions and consultations with the plant operator
which resulted in a series of detailed arrangements
regarding the safeguards measures to be applied to the
Thorp plant . The implementation of these measures is
proceeding during the construction of the plant and is on
schedule .

If the IAEA decides to perform inspections of the Thorp
plant, the costs of safeguard inspections will be met by
both organisations, independant of the origin of the
nuclear material .

Answer given by Mr Van Miert

on behalf of the Commission

( 10 September 1 992 )

The Commission is presently setting up a comprehensive
strategy to inform the general public, the social and
economic partners, regional and local authorities and
non-governmental organizations of the objectives and
targets of Community environment policy and their
respective responsibilities and potential contributions .
This strategy will provide for the creation of structures,
such as the General Consultative Forum, facilitating the
participation of citizens and actors in the Commission 's
actions . On a regional and local level structures such as
the centres for rural information and local urban initiative
centres already exist .

Recent experience has shown that the building up of
communication through targeted information can be
achieved with regard to relevant groups in this field .

Moreover, the European Environmental Agency, once
fully operational, and its monitoring network, involving
focal points in all Member States and most other
European countries, will be a vital source for the
dissemination of all environmental data .

These intentions are reflected in the Commission 's
general publications programme for 1992 as well as in the
Draft Programme of Policy and Action in relation to the
Environment and Sustainable Development as adopted by
the Commission in March (') and at present being
discussed in the Council, the EP and the ESC .

Obviously, a cornerstone of this action will be the
implementation of Directive 90 / 313 / EEC ( 2 ) on public
access to environmental information, which must be
implemented by all Member States no later than 31
December 1992 .

O COM(92 ) 23 final .
O OJ No L 158,23 . 6 . 1990 .

WRITTEN QUESTION No 822 / 92

WRITTEN QUESTION No 812 / 92
by Mr Gijs de Vries ( LDR )

by Mr Llewellyn Smith ( S )
to the Commission of the European Communities

to the Commission of the European Communities

( 14 April 1992 )

( 14 April 1992 )

( 92 / C 317 / 56 )
( 92 / C 317 / 55 )

Subject : Environmental information

What plans does the Commission have to extend the
public provisions of environmental information ?

Subject : US-South Korea telecommunications agreement

In February 1992 the United States and South Korea
concluded an agreement guaranteeing American

3 . 12 . 92 Official Journal of the European Communities No C 317 / 29

companies a large percentage of the South Korean
telecommunications market in 1994 ( Het Financieele
Dagblad, 25 February 1992 )

1 . What is the substance of this agreement ?

2 . Is it in line with the obligations of both countries as
members of GATT ?

3 . To what extent does the agreement affect the

competitive position of European undertakings ?

4 . Has the Commission protested to Washington and

Seoul at the conclusion of this bilateral agreement ?

Answer given by Mr Andriessen

on behalf of the Commission

( 14 September 1 992 )

The text of the Understanding on telecommunications
between the United States and the Republic of Korea
(' Korea ') has been deposited with the Parliament
Secretariat .

Korea is not a signatory to the GATT Agreement on
Government Procurement ( GPA ). Moreover, the existing
GPA does not cover the majority of telecommunications
entities of GPA signatories . However, Korea has applied
to join the revised GPA, which is currently being
negotiated and has indicated a willingness to submit its
telecommunications operators to the disciplines of the
new GPA . While the provisions of the US-Korea bilateral
understanding would not appear to be in conflict with the
current GPA or with the GATT Agreement itself, it
remains to be seen whether the Understanding will be
applied to all GPA signatories in a non-discriminatory
manner . The Commission has expressed its concerns to
both the US and Korean authorities lest European
supplies to the Korean telecommunications market be
discriminated against in comparison with their US
competitors . The Commission will continue these efforts
with the Korean authorities in order to ensure effective

access to the Korean market for EC firms .

WRITTEN QUESTION No 831 / 92

by Mr Ben Visser ( S )
to the Commission of the European Communities

( 14 April 1992 )

( 92 / C 317 / 57 )

Subject : Price undercutting in European container
transshipments in sea ports

The present and projected expansion of the goods
transport sector has prompted all north-west European

mainland ports to plan major extensions, particularly in
respect of container transport facilities . Rotterdam is
planning a 50% expansion while Amsterdam is planning
to handle 200% more containers . It is feared that this will
create enormous excess capacity which will, in the final
analysis, not benefit the ports concerned since, in order to
survive, it will be necessary to resort to price undercutting
and excessive government subsidies . A study by an Italian
agency has shown that prices for handling a container
vary from $ 98 to $ 200 .

1 . Does the Commission consider that the projected

expansion of north-west European ports will create a
capacity far in excess of demand ?

2 . Does the Commission consider that ports should
cooperate to prevent the creation of surplus capacity ?

3 . What forms of cooperation does it consider acceptable

in areas such as price agreements, capacity planning,
freight distribution and submarket specialization ?

4 . How does the Commission consider the problem of
lack of transparency in port cost structures should be
solved and to what extent do differences in

government subsidies to ports distort competition ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 August 1992 )

The planning of investment in ports is a matter for the
responsible authorities . However, it is obviously essential
that such planning should be based on realistic forecasts
of future traffic growth .

In its general study on State aids in the ports sector,
prepared in 1989, the Commission has stated that it would
be appropriate that port charges reflect the cost of capital
invested in infrastructure in order to approximate the
competition conditions of ports . Any aids that are paid, or
proposed to be paid to ports by national authorities are of
course required to be notified to, and examined by, the
Commission in accordance with Article 93(3 ) of the EEC
Treaty .

The Commission will shortly appoint consultants to carry
out a study into the improvement of the transparency of

port accounts .

The Commission has so far taken no specific view on the
question of cooperation agreements in the ports sector,
but any such agreements have to be examined under the

No C 317 / 30 Official Journal of the European Communities 3 . 12 . 92

competition rules of the EEC Treaty namely Articles 85
and 86 .

WRITTEN QUESTION No 847 / 92

by Mr Sérgio Ribeiro ( CG )
to the Commission of the European Communities

( 14 April 1992 )

( 92 / C 317 / 58 )

Subject : The crisis in the textile sector and its
repercussions in the city and municipality of
Coimbra

In November 1991 I addressed a question to the
Commission ( Written Question No 2895 / 91 ) (') on the
above subject, which was answered by Commissioner
Millan on 20 February 1992 . In his answer, Mr Millan
referred to the Community 's Retex programme .

Meanwhile, the evolution of the situation has confirmed
previous fears, despite attempts to pre-empt
developments . On 21 March 1992, a company which
formerly employed 500 workers — of whom 450 have
been suspended — will be taken out of its present
' controlled management ' situation, and it is expected to
close following a creditors ' meeting on 16 April 1992,
which is likely to declare the enterprise non-viable . One
of the companies which were under threat in November

1991 has already closed, while three others in Coimbra —
Mondorel, Colsi and Fiaco — are under imminent threat
of closure and likely to go the same way as Ideal . This
would entail the disappearance of over 2 000 jobs, thus
creating a situation which would require action under
Retex .

In view of this situation and the answer to my earlier
question, is the Commission willing to consider creating
the conditions, along with the Portuguese Government,
to ensure that if Retex intervenes it is in a position to
modernize company management and to retrain the
workers made redundant, given their future unprotected
situation in a hostile labour market ?

(') OJ No C 235, 14 . 9 . 1992, p. 49 .

Objectives 1, 2 and 5(b ). Thus, by means of the
Community support framework ( CSF ) for Portugal, the
Portuguese authorities can provide assistance to, firms by
using the aid scheme involving business services and the
aids for training . The Commission very much regrets the
job losses referred to by the Honourable Member .

WRITTEN QUESTION No 877 / 92

by Lord O'Hagan ( ED )
to the Commission of the European Communities

( 14 April 1992 )

( 92 / C 317 / 59 )

Subject : Social partners

1 . How many employees ' and employers '
organizations are not represented in the ETUC and
UNICE ?

2 . How many voters are omitted from the social
dialogue because they are not represented in UNICE or
ETUC ?

Answer given by Mrs Papandreou

on behalf of the Commission

(7 September 1992 )

1 . ETUC and UNICE both assemble all the
Employees ' and Employers ' Confederations of the
Member States with the exception of a few organizations
in some Member States — such as CGT and CGC in
France and Intersid in Portugal ( in so far as ETUC is
concerned ).

2 . The Commission takes the view that this matter falls

outside its field of competence .

WRITTEN QUESTION No 884 / 92

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

( 14 April 1992 )

Answer given by Mr Millan ( 92 / C 317 / 60 )
on behalf of the Commission

(3 July 1992 )

As the Honourable Member points out, the Retex

initiative will begin in 1993 . As far as 1992 is concerned,
the Member States have various means at their disposal
under the structural Funds to undertake measures to assist
enterprises or industries in the regions eligible under

Subject : Structural funds in general

Will the Commission detail the expected proportion of
objective 3 and 4 resources to be spent in Greater London
in 1992 by each sector to receive an allocation in the UK,
i . e . local authorities, the TEED, Training and Enterprise
Councils, the voluntary sector, the Industrial Training
Boards and higher education ?

3 . 12.92 Official Journal of the European Communities No C 317 / 31

Will the Commission detail how the recommendations of
the Coopers and Lybrand Deloitte report ( commissioned
by DG XXII ) on the administration of the objectives 3 A
in the UK are being implemented, especially the
recommendation on the needs of London local authorities
areas whose needs are currently not being met ?

Answer given by Mr Christophersen

on behalf of the Commission

( 29 July 1992 )

The Honourable Member 's attention is drawn to the

Commission 's answers to oral question H-00 18 / 92 by Mr
Balfe and her oral question H-0275 / 92, at question time
during the European Parliament 's February O and
June ( 2 ) sessions .

(') European Parliament Debate, No 3-414 ( February 1992 ).
( 2 ) European Parliament Debate, No 3-419 ( June 1992 ).

WRITTEN QUESTION No 891 / 92

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

( 14 April 1992 )

( 92 / C 317 / 61 )

Subject : The Channel tunnel

On 3 May 1991 I forwarded to the Commission ( DG XI )
a list of 14 questions on possible fraud concerning the
composition of the concrete used in the construction of
the Channel tunnel on the French coast .

On 13 September 1991 the Commissioner informed me in,
answer to Written Question No 1265 / 91 (') that a
detailed reply to the various points would be
communicated directly to me . I have not yet received an

answer .

Can the Commissioner tell me why I have not yet received
an answer to my 14 questions ?

Will the Commissioner forward an answer to these

questions as soon as possible ?

O OJ No C 78, 30 . 3 . 1992, p. 9 .

Answer given by Mr Van Miert

on behalf of the Commission

( 22 July 1992 )

As stated in the answer to Written Question 1265 / 91,
further information was requested from the French
authorities .

At the same time, the Commission collected further
details .

All this information was sent directly to the Honourable

Member .

WRITTEN QUESTION No 906 / 92

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

( 15 April 1992 )

( 92 / C 317 / 62 )

Subject : Infringement of the Community Charter

A major question mark has arisen over the credibility of
the Greek Government 's programme for the smooth
operation of public administration as a result of its
decision to take legal steps to abolish open negotiations .
However, this legislation is a flagrant breach of Article 12
of the Community Charter on the basic social rights of
workers with the result that trade union organizations

have already resorted to demonstrations and strike action .
After being informed of the events taking place in Greece,
the executive committee of the Confederation of
European Trade Unions passed a resolution in which it
stated that the Greek Government is behaving in an
extremely dictatorial fashion which is contrary to the
spirit of the decisions taken in Maastricht . What steps
does the Commission intend to take in response to the
abolition of open negotiations with the Greek public and
on the different treatment meted out to public companies
compared to the private sector ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 13 August 1992 )

As there is no Community legislation on the protection of
the collective and individual rights of workers in Greek
industry, Greek law applies .

The Commission would remind the Honourable Member

that this was confirmed in Article 2(6 ) of the Agreement
annexed to the Protocol on social policy concluded at
Maastricht, which states ' the provisions of this Article
shall not apply to pay, the right of association, the right to
strike or the right to impose lock-outs '.

No C 317 / 32 Official Journal of the European Communities 3 . 12.92

WRITTEN QUESTION No 908 / 92

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

This has aroused great concern locally over the possible
harmful effects on the environment of such a plant .

Does the Commission have any information on this,

( 15 April 1992 )

including the basic data provided by the project 's
( 92 / C 317 / 63 ) environmental impact assessment ?

( 15 April 1992 )

Subject : The Zliros gorges

Rubbish tips in the Zliros gorge in Zakro Lasithiou in
Crete, a region of outstanding natural beauty, have
destroyed the environment . Does the Commission intend
to call on the Greek Government to take measures to
protect the environment in this region ?

Answer given by Mr Van Miert

on behalf of the Commission

( 21 September 1992 )

The rubbish tips to which the Honourable Member refers

are covered by Directive 85 / 337 / EEC (') which specifies
that an environmental impact assessment must be carried
out before projects are authorized if their effects on the
environment are regarded as significant or if hazardous
waste is involved .

Moreover, under Council Directive 91 / 156 / EEC of 18
March 1991 on waste ( 2 ) the competent authorities are
required to take steps to ensure that waste disposal does
not damage the environment, and in particular
countryside of special interest .

To protect the environment against pollution resulting
from the incineration of hazardous wastes, the
Commission has recently presented to the Council a
proposal for a Directive on the incineration of hazardous
wastes ( 2 ). As regards the very stringent provisions set out
in the proposal, the Commission wants to underline its
commitment to effective environmental protection .

Answer given by Mr Van Miert

on behalf of the Commission

( 31 July 1992 )

Any incineration plant for hazardous wastes falls under
Article 4 paragraph 1 and Annex I of Council Directive

85 / 337 / EEC (') on the assessment of the effects of
certain public and private projects on the environment .
This means that such incineration plants are subject to an

assessment in accordance with Article 5 to 10 of this
Directive . It states in Article 6 that any request for
development consent and any information pursuant to the
specifications of the directive are to be made available to
the public . The public concerned is to be given the
opportunity to express an opinion before the project is
initiated . It is not foreseen, however, that the Commission
has to be informed of such projects as well,

The project has not, therefore, been brought officially to
the Commission 's attention .

The Commission may have to intervene if a project to set wastes ( 2 ). As regards the
up a rubbish tip was authorized without an environmental in the proposal, the
impact assessment having first been carried out or if waste commitment to effective
is being or has been disposed of in breach of the
Directives on waste and toxic and dangerous waste . (') OJ No L 175, 5 . 7 . 1985 .
O COM(92)9 final .
O OJ No L 175, 5 . 7 . 1985 .
O OJ No L 78, 26 . 3 . 1991 .

WRITTEN QUESTION No 921 / 92

WRITTEN QUESTION No 918 / 92 by Mrs Karla Peijs ( PPE )

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

to the Commission of the European Communities ( 15 April 1992 )

( 15 April 1992 ) ( 92 / C 317 / 65 )

( 92 / C 317 / 64 )

Subject : Toxic waste incineration plant in Almadén

( Spain )

Plans exist for the Minas de Almadén y Arrayanes
( Mayasa ) to instal a toxic waste incineration plant in the
vicinity of Almadén ( Ciudad Real ).

Subject : Central quota management system
Given that the Single European Market will come into
being on 1 January 1993 and internal frontiers will be
abolished for the transport of goods, and given that
textile quotas for imports from Third countries will
remain in force either in the form of GATT 's transitional

3 . 12 . 92 Official Journal of the European Communities No C 317 / 33

scheme for textiles and clothing or on some other legal
basis, the Commission needs to take a decision soon on
how the quotas in the Community ar to be managed .

WRITTEN QUESTION No 922 / 92

by Mrs Annemarie Goedmakers ( S )
to the Commission of the European Communities

( 15 April 1992 )

Since textile products can circulate freely in the ( 92 / C 317 / 66 )
Community once they have been imported, allocating
quotas to individual Member States would rob importers
of the advantages of the Single Market, since they would Subject : Monk seals
incur unnecessary transport and handling charges .

Does the Commission have any plan to establish a central
quota management system responsible for issuing import
licences in the Member States in the respective national
languages ? Does the Commission also intend to draft a
Regulation granting holders of import licences the right
to import goods freely into any country of the European
Community in line with the objectives of the Single
Market ?

Answer given by Mr Andriessen

on behalf of the Commission

1 . Can the Commission provide a breakdown of how
much money has been spent per project over the last ten
years on monk seals ?

2 . Can the Commission provide a breakdown showing
the financial consequences, per measure and per project,
of future policy on monk seals ?

3 . In the past has any money been available which
could not be spent ?

4 . If so, what were the reasons in each instance ?

( 15 September ) Answer given by Mr Van Miert

on behalf of the Commission

( 17 September 1 992 )

The Commission believes that the impact of the single

market on the management of Community quotas should
be tackled through the principle of subsidiarity whereby
licences would continue to be issued by the competent
bodies in the Member States . The question whether and
when these licences could undergo some standardization,
along with the language arrangements for them, is being
looked into by the competent Community bodies .

For monitoring the use of Community quotas, it is vital
for a centralized network to be introduced linking the
Commission and the licensing bodies in the Member
States . The Commission requested the necessary funds
for such a network as part of the 1992 draft budget but
only a small part ( Ecu 150 000 ) under heading B3-314 was
approved by Parliament, which refused to grant the rest,
which came under heading B8-544 . However, the
Commission intends to submit a new request in the 1993
draft budget to cover the management of all Community
quotas . The lack of the necessary funds this year has been
a major obstacle to progress but everything is being done
to ensure that the system can be up and running as soon as
possible .

1 . The Commission has financed emergency measures
totalling Ecu 1 001 277 since 1988 to help monk seals .

The measures in question concerned Madeira and Greece .
In addition, more general projects designed to acquire
sound scientific knowledge of these species and to set up a
Mediterranean rescue network have also been financed .

A general measure concerning the monk seal has been
established for the years 1992 — 1994 in the framework of
the Acnat Regulation .

It breaks down as follows :

( in Ecu )

/
project in Madeira 300 000

project in Greece 900 000

scientific work 190 000

project in France 300 000

Total 1 690 000

The implications of completing the single market for J
trade policy in the textile and clothing sector, including
the use of import licences in the various Member States, 2 . The Commission would inform the Honourable
are being examined by the Commission . Member that all money made available for the monk seal

has in fact been spent .

No C 317 / 34 Official Journal of the European Communities 3 . 12 . 92

WRITTEN QUESTION No 957 / 92

by Mr Tullio Regge, Mr Giulio Fantuzzi ( GUE ) and Mr

Virginio Bettini ( V )
to the Commission of the European Communities

( 15 April 1992 )

( 92 / C 317 / 67 )

Subject : Funding for the ' Research, development and

production of low temperature storage chipping
( crisping ) potato cultures ' programme

In view of Article 1 30f of the Treaty, the objectives of the
specific Agro-Industrial Research Programme contained
in the Third Framework Programme of Research and
Technological Development and the Commission 's
approval of funding for the ' Research, development and
production of low temperature storage, chipping
( crisping ) potato cultures ' programme ( Contract No
AGRE 0001 ), the purpose of which is to produce
genetically altered potatoes ( chipping varieties ) which
have reduced sugar content when kept at low
temperatures in order to inhibit germination, does the
Commission not consider that funding for such a
programme does not exactly fulfil the criteria of
harmonization, standardization, development of
precompetitiveness and the development of international
cooperation, laid down in the third Framework
Programme of Research and Technological
Development, and the objectives of food supply and the
redeployment of agricultural resources in Europe in line
with both market requirements and greater environmental
protection, laid down in the specific programme ?

Does the Commission therefore not consider that it
would have been more logical to let the private potato

crisp industry meet market challenges with its own
resources ?

Answer given by Mr Pandolfi

on behalf of the Commission

(8 July 1992 )

AGREE 0001 is a project co-financed ( 40% EC / 60% the
participants ) under the specific programme Eclair, and
was selected after receiving a top priority ranking from
the scientific and technical experts and the full support of
Member States ' representatives .

The project was considered fully compliant with the
objectives of the Eclair and the 2nd Framework
programmes because it :

— is pre-competitive in that the project will not produce

marketable products,

— incorporates both basic and applied research and

— fosters international cooperation with participants

from industry ( 16 potato-chip companies ) and
research institutions from eight different countries .

The research to develop potato varieties which are
genetically tolerant of cold storage conditions aims to
replace chemical sprout supressors which are not
ecologically beneficial ( and may even be deleterious ); it is
considered to be of major importance for the industries
concerned and would respond to the market demands for
safer foods .

WRITTEN QUESTION No 963 / 92
by Mr Juan de Dios Ramírez Heredia ( S )
to the Council of the European Communities

( 15 April 1992 )

( 92 / C 317 / 68 )

Subject : Legalization of private broadcasting in all the EC

Member States ­

Freedom of expression is one of the rights enshrined in
the constitutions of the Member States and forms part of
the democratic basis of a state of law . Legal obstacles to
the exercise of this right must be abolished and the
Council must take the necessary steps to achieve this .

What information does the Council possess on the legal
situation of private broadcasting in the EC Member
States ?

Is the Council aware that private broadcasting is not
allowed in the Netherlands ?

Answer

( 30 October 1992 )

The Commission has not referred the matter of the legal

situation of private broadcasting in the Community to the
Council . It has therefore not discussed the position of
private broadcasting in the Netherlands .

WRITTEN QUESTION No 991 / 92

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

( 15 April 1992 )

( 92 / C 317 / 69 )

Subject : Environmental regulations for roadworks

Will the Commission say what, if any, guidelines exist in
European legislation concerning the proximity of roads to

3 . 12 . 92 Official Journal of the European Communities No C 317 / 35

private dwellings, particularly with reference to road ( IRL )
widening traffic flows which and reduces homes ? the distance between increasing Year Aid awarded Aid paid

1987 . 20 388 836 12 958 541

1988 16 257 116 16 526 042

Answer given by Mr Van Miert

on behalf of the Commission

(4 September 1992 )

There is no Community legislation which establishes any
requirements or guidelines in relation to the proximity of
private dwellings to roads . In those situations where new
road construction would be subject to an Environmental
Impact Assessment under the terms of the Community
Directive 85 / 337 / EEC ( x ) impacts on dwellings would be
one of the factors to be considered for which proximity
would obviously influence the degree of impact . Road
widening, unless it involved upgrading to motorway
standard would not however generally be covered by this
Directive .

1989 25 413 679 11 617 253

1990 12 271 952 22 283 761

1991 18 466 331 13 343 489

1992 O 17 600 000 17 000 000

1993 C ) 10 400 000 17 000 000

(') Forecast based on Community Support Framework .

WRITTEN QUESTION No 993 / 92

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

( 15 April 1992 )

o OJNoL 175, 5 . 7 . 85 . ( 92 / C 317 / 71 )

Subject : Amendment to the Directive on liability for

services

WRITTEN QUESTION No 992 / 92

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

( 15 April 1992 )

( 92 / C 317 / 70 )

Subject : Spending on marketing and processing in the

agricultural sector

Can the Commission provide a breakdown of the amount
of money disbursed by the Commission in Ireland on
marketing and processing of agricultural produce for
each of the past five years and projections or estimates for
the present year and next year ?

Answer given by Mr Mac Sharry

on behalf of the Commission

X20 July 1992 )

There are two sets of annual figures pertaining to
financial aid for the marketing and processing of
agricultural products : aid awarded and aid paid . The
amount of money paid out in any particular year
corresponds to aid or part of an aid awarded in earlier

years .

The following is the breakdown of the amount of moneay
disbursed by the Commission in Ireland for marketing
and processing for each of the past five years :

/

Following the failure of the Directive on liability for
services as a result of massive objections by all
associations concerned and protests in the relevant
European Parliament committees, the Commissioners,
Mr Bangemann and Mr Van Miert, undertook to submit
three new Directives on liability relating to the medical,
construction and consultancy professions .

In these new Directives will the Commission change the
aspect which was subject to major criticism in the present
Directive, namely the reversal of the burden of proof ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 July 1992 )

The proposal for a Directive on the liability of suppliers
of services, which the Commission adopted in October

1990, is still being examined by the European Parliament .

However, at the very first meetings of the relevant
Parliamentary Committees, the Commission stated that it
would formally exclude the medical and construction

sectors from the scope of the amended proposal it will
adopt following receipt of Parliament 's opinion .

The possibility of harmonizing at Community level the

national legislation concerning the liability of suppliers of
services in the medical and construction sectors is now
being examined and, where appropriate, specific
Directives will be proposed .

No C 317 / 36 Official Journal of the European Communities 3 . 12 . 92

The Commission would draw the Honourable Member 's
attention to the fact that legal and consultancy services do
not normally give rise to the type of damage covered by
the proposal for a Directive, namely death or damage to
the health of physical integrity of persons or private

property .

WRITTEN QUESTION No 1014 / 92

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

( 27 April 1992 )

departments to locate the information it needed to give a
proper answer . The authorities of the Member State in
question have been asked to supply further information
on these possible frauds . The Commission will ensure that
the Honourable Member is informed of the outcome as
soon as possible .

WRITTEN QUESTION No 1034 / 92

by Mr Alman Metten ( S )
to the Commission of the European Communities

( 92 / C 317 / 72 ) (2 7 April 1992 )

( 92 / C 317 / 74 )
Subject : EC cereal subsidies

5 000 tonnes of foreign cereals declared to be Greek have
reportedly been illegally imported through the port of
Thessaloniki prompting fears that enormous amounts of
Community subsidies have already been siphoned off by a
gang of racketeers . The incident also gave rise to a
question in the Greek Parliament to the Ministers of
Finance and Merchant Marine . In view of this, will the
Commission investigate the case to establish the truth and
punish the racketeers ?

WRITTEN QUESTION No 1015 / 92

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

( 27 April 1992 )

( 92 / C 317 / 73 )

Subject : Fraud by wine producers at the expense of the

Community

It appears that at least one wine producer, Panagiotis G.
Belissarios and his company, ' Amarinthos EPE ' of
Chalkis have defrauded the Community and the Greek
state . According to a reputable weekly Greek newspaper,
the matter has already been reported to the public
prosecutor Mr Plagiannakos, but no action has yet been
taken . Will the Commission investigate the allegations of
fraud by Greek wine producers at the Community 's
expense, in particular by Panagiotis G. Belissarios and his
company ' Amarinthos EPE '?

Joint answer to Written Questions Nos 1014 / 92 and

1015 / 92

given by Mr Delors
on behalf of the Commission

(6 August 1992 )

The information provided by the Honourable Member
was not sufficient to enable the Commission 's

Subject : Improving the quality of European cars

1 . Is the Commission aware of the results of the annual

survey covering a sample of 7 000 Dutch car owners
showing the long-term maintenance costs for their
'
vehicles (' Consumentengids — consumer guide of March

1992 )?

2 . Is the Commission aware that the top 25 new cars,
i . e . those with the lowest number of defects, included
only two European vehicles in 17th and 21st place ?

3 . Is the Commission aware of the survey carried out in
the United States by J. D. Power and Associates which
covered 20 000 first owners of 1988 models after a period
of three years and requested information concerning their
experiences on 88 points ( Financieel Dagblad, 21
February 1992 )?

4 . Has the Commission noted that the top European
model takes only 20th place while the top American
model takes ninth place ?

5 . Does the Commission consider that the European
industry can improve quality sufficiently by concentrating
on limiting competition from superior Japanese models on
the European market ? Or, on the basis of the very
worrying situation described above, is the Commission
prepared to encourage the industry to make a coordinated
and committed effort to improve quality, accompanied by
a lowering of protective barriers against Japanese
imports ?

Answer given by Mr Bangemann

on behalf of the Commission

( 28 September 1992 )

Several surveys have been carried out relating to the
quality and reliability of cars . While they point to

- discrepancies on some fronts between Japanese and

3 . 12 . 92 Official Journal of the European Communities No C 317 / 37

European cars, they also indicate that the latter are
closing the gap .

The transitional period preceding the complete
opening-up of the Community car market to Japanese
competition is designed to enable European
manufacturers to improve their competitive standing in
this field as in others .

The Commission is supporting these efforts through its
research and training activities in particular .

WRITTEN QUESTION No 1037 / 92

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

( 27 April 1992 )

( 92 / C 317 / 75 )

Subject : Environmental consequences of the extension of

a Greek Electricity Board plant

The Greek Electricity Board has decided to extend its
plant in Kozani without taking account of the
environmental consequences for the region .

Since this is an infringement of Community
environmental protection rules, will the Commission say
whether it intends to request information from the Greek
authorities on the environmental consequences of this
project ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

(3 July 1992 )

The project to extend an electricity plant falls within
Annex II to Directive 85 / 337 / EEC (') and must, in

accordance with Article 4(2 ) thereof, be subject to an
environmental impact assessment if its effects are likely to
be significant .

The Greek law transposing this Directive has failed to
take proper account of this provision and the Commission
has initiated infringement proceedings against Greece . It
therefore intends, within the framework of these
proceedings, to ask for more detailed information on this
project .

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

WRITTEN QUESTION No 1049 / 92

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

( 27 April 1992 )

( 92 / C 317 / 76 )

Subject : Investment in the Canaries from the EAGGF

Guidance Section

What projects were approved in 1991 for the Canaries to
be funded by the EAGGF — Guidance Section and what
was the amount of the funding ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 27 July 1992 )

The part-financing of EAGGF Guidance Section
measures is carried out by means of operational
programmes in which the objectives to be achieved, the
strategy and the eligibility criteria for the actual projects
are set out . This is totally in keeping with the spirit of
subsidiarity, the detailed decision-making being left to the
discretion of the national and regional partners .

The detailed list of projects part-financed by the EAGGF
in the Canary Islands under the operational programmes
in force is being sent direct to the Honourable Member
and to the General Secretariat of the Parliament .

WRITTEN QUESTION No 1052 / 92

by Mr Virginio Bettini ( V )
to the Commission of the European Communities

( 30 April 1992 )

( 92 / C 317 / 77 )

Subject : Rubbish tip in the Mincio nature part ( Lombardy

—
Italy )

In view of Lombardy Regional Law No 37 / 1988 on the
opiening of an urban refuse tip in a disused quarry in the
Commune of Mozambano and Directive
85 / 337 / EEC ('); and given that :

— the area concerned is situated in the Mincio nature

part ( set up by Regional Law No 47 / 1984, Article 5(d )

— Article 8 ) and development of the Mozambano
area as a whole, is subject to environmental
restrictions ;

— a hydrogeological survey of the area has shown it to

be inherently fragile and the soil to be highly
permeable ;

No C 317 / 38 Official Journal of the European Communities 3 . 12 . 92

— it is reckoned that the construction of a tip would

seriously affect the quality of the area 's groundwater
and hence water consumption in the Mincio valley,
and waterproofing would not be effective because of
the counter-pressure of the groundwater ;

— as the area is surrounded, within a distance of only a

few metres, by farming communities, and there has
been no study of wind patterns, there is a risk of
salmonellosis among poultry in neighbouring farms ;

— the area comprises certain species of wildlife protected

by the Berne Convention of 3 December 1981
( Article 6(b )), such as Podiceps cristatus, Fulica astra,
Alcedo atthis, Ixobrychus minutus, Emberiza
scheoniclus, Nycticorax nycticorax and Ardea

purpurea ;

— in its Eighth Report to the European Parliament on

monitoring of the application of Community law, the
Commission considers that, under Article 2 of
Directive 85 / 337 / EEC, projects listed in Annex II

must also be subject to an environmental impact
assessment where their nature, size or location so
requires ;

1 . Does the Commission not consider that, since this
project comes under the list in Annex II of Directive

85 / 337 / EEC ( paragraph 1 1(c )), the Italian authorities
must carry out an environmental impact assessment
before granting authorization ?

2 . Does the Commission not consider that there is a risk
of violating the Berne Convention which has been
signed by the Community ;

3 . Does the Commission not feel it should make
immediate representations to the Italian authorities to
ensure that an environmental impact assessment is
carried out ?

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

Answer given by Mr Van Miert

on behalf of the Commission

(6 July 1992 )

The Commission has already received a petition
concerning the municipal waste tip project in the
commune of Mozambano, Italy .

This type of project appears in Annex II to Directive

85 / 337 / EEC and must therefore be subject to an impact
assessment if its effects on the environment are likely to
be significant .

In this particular case, in view of the potentially serious
impact on the quality of ground water in the area and on
reserves of drinking water in the entire Mincio valley
owing to the highly permeable nature of the rock, and
given that the project would be carried out within the
Mincio natural park, which is protected by Regional Law
No 47 / 1984 and is home to species protected under the
Bern Convention, the Commission has contacted the
Italian authorities to find out what measures they have
taken or intend to take regarding the project .

WRITTEN QUESTION No 1053 / 92

by Lord O'Hagan ( ED )
to the Commission of the European Communities

( 30 April 1992 )

( 92 / C 317 / 78 )

Subject : Animal welfare

1 . Which Commissioner is responsible for animal
welfare ?

2 . How many officials ?

3 . Could the Commission list its current
responsibilities for animal welfare ?

4 . Are there sufficient officials in the Commission to
oversee the implementation of legislation in this field ?

5 . What proposals has the Commission to improve
implementation ?

Answer given by Mr Mac Sharry

on behalf of the Commission

C 4 September 1 992 )

1 . Responsibilities within the Commission for matters
of animal welfare are shared by the Commissioner for
Agriculture and Rural Development and the
Commissioner for the Environment .

2 . DG VI — 1 ' A ' grade official ; DG XI — 1 ' B ' grade
official .

3 . The Commission 's responsibilities include the
welfare of animals on farms, during transport and at the
time of slaughter or killing ; and the welfare of wild
animals, zoo animals and animals used for experimental

purposes .

4 . and 5 . Responsibility for the implementation of
Community rules in this field rests primarily with the

3 . 12 . 92 Official Journal of the European Communities No C 317 / 39

Member States ; the role of the Commission services is to
check that the legislation is being implemented in a
uniform manner by them . To enable the Commission to
carry out this task in respect of the veterinary legislation,
a new Office of Veterinary Inspection has been created
and is currently in the process of establishing the
necessary infrastructure and organization .

WRITTEN QUESTION No 1055 / 92

by Lord O'Hagan ( ED )
to the Commission of the European Communities

( 30 April 1992 )

( 92 / C 317 / 79 )

Subject : Twinning

Twinning links have proved useful and constructive as a
way of increasing understanding between villages and
towns in Member States .

1 . Is the Commission satisfied it is assisting sufficiently
in this process ?

WRITTEN QUESTION No 1067 / 92

by Mr Karl von Wogau ( PPE )
to the Commission of the European Communities

( 30 April 1992 )

( 92 / C 317 / 80 )

Subject : Mutual recognition of higher education
diplomas — diplomas awarded by German
colleges of public administration

1 . Is the Commission aware that German Federal and
Land colleges specify only two year courses in public
administration and are therefore not covered by Directive
89 / 48 / EEC 0 ).

2 . Does the Commission agree that, because their
diplomas are not recognized in other Member States,
graduates of these colleges are placed at an unfair
disadvantage if they wish to undertake further training,
for example, in European studies ?

3 . Will the Commission consider remedying this
situation, possible by proposing an exemption provision
taking account of the one to two years practical
experience requirement, thereby enabling German senior
civil servants to engage in studies in other Member States ?

2 . What plans has the Commission in preparation to

increase help for this form of activity ? (') OTNoL 19, 24 . 1 . 1989, p. 16 .

Answer given by Mr Delors
on behalf of the Commission

(7 September 1992 )

The support which the Commission has been providing ^
for over three years for the development of
town-twinning in the European Community may be
regarded as an important step in the process of making
people aware of the European dimension in that it
facilitates and promotes cross-frontier links between local
authorities . Thanks to Community aid, several thousand
local authorities have already been able to reduce their
expenditure on exchanges and several hundred new
twinnings have taken place .

In view of the scale of this movement, which is gathering
even more momentum, the Commission is receiving an
increasing number of requests from local authorities
wishing to use the twinning scheme to broaden the scope
of their relations with other countries . As a result, the
contribution which the Commission can make to each
eligible project is proving limited, or more often merely
symbolic . With an appropriation ( budget heading A306 )
which has remained practically unchanged since the

scheme began, the Commission is unfortunately unable to
give greater support to these interesting experiments
between European citizens .

Answer given by Mr Bangemann

on behalf of the Commission

(3 September 1992 )

Council Directive 89 / 48 / EEC of 21 December 1988 on a
general system for the recognition of higher-education
diplomas awarded on completion of professional
education and training of at least three years ' duration,
like the proposal (') for a Directive on a second general
system for the recognition of professional education and
training which complements Directive 89 / 48 / EEC,
covers only the recognition of diplomas for professional

purposes .

Consequently, the holder of a diploma from a
Verwaltungsfachhochschule seeking a post in the public

administration of another Member State would be subject
to the recognition arrangements laid down in this second
Directive .

The question raised by the Honourable Member of the

holder of such a diploma undertaking further training in a
Member State other than Germany involves the
recognition of a diploma for academic purposes, i . e . in
order to allow studies to be continued in another Member
State . This type of recognition falls within the area of
responsibility of the Member States alone, and in
particular of higher-education establishments, which rule
on specific cases .

No C 317 / 40 Official Journal of the European Communities 3 . 12 . 92

However, all Verwaltungsfachhochschulen are eligible to
participate in the Erasmus programme, which provides
for the possibility of undertaking further studies under
inter-university cooperation schemes .

(') OJ No C 263, 16 . 10 . 1989 ; amended proposal, OJ No C 217,

1 . 9 . 1990 .

WRITTEN QUESTION No 1075 / 92

by Mr Gianfranco Amendola ( V )

to the Commission of the European Communities

( 30 April 1992 )

( 92 / C 317 / 81 )

Subject : Infringement by Italy of Directive 76 / 464 / EEC ;

and the amendments thereto and of related

Directives on the discharge of dangerous
substances into water

Since, in its judgments of 13 December 1990 ( Case
C-70 / 89 ) and 28 February 1991 ( Case C-360 / 87 ) on the
discharge of dangerous substances, the Court of Justice
ruled that :

— the EEC Directives lay down an obligation of
preventive authorization in the sense that the grant of
authorization must be preceded by preliminary
investigations, with ' prior specific checks ' by the
national authorities, followed by further monitoring ;

— the EEC Directives provide that ' the refusal - absence

or withdrawal of authorizations must take place by
way of an express measure in accordance with precise
rules of procedure which comply with a number of
necessary conditions, conditions which create rights
and obligations on the part of individuals ;

Since Article 7(3 ) of Legislative Decree No 133 of 27
January 1992, which was adopted by Italy to implement

the Directives 76 / 464 / EEC ('), 82 / 176 / EEC ( 2 ), 83 /
513 / EEC ( 3 ), 84 / 156 / EEC ( 4 ) 84 / 491 / EEC ( 5 ), 88 / 347 /
EEC ( 6 ), and 90 / 415 / EEC ( 7 ) on discharges of dangerous
substances in water, provides that, if eight months have
elapsed since the application was made and authorization
has not been obtained, the person responsible may
continue discharging, even though the national
authorities have not carried out preliminary investigations
or checks ( or subsequent monitoring );

Since, under the decree, this situation of total vagueness
as regards granting authorization and the total absence of
checks on discharges could last for ever ;

Does the Commission not consider that it should take
infringement proceedings against Italy for its failure to
observe the Community rules in question .

') OJ No L 129, 18 . 5 . 1976, p . 23 .

2 ) OJ No L 81, 27 . 3 . 1982, p . 29 .

3 ) OJ No L 291, 24 . 10 . 1983, p . 2 .

4 ) OJ No L 74, 17 . 3 . 1984, p . 49 .

5 ) OJ No L 274, 17 . 10 . 1984, p . 11 .

6 ) OJ No L 158, 25 . 6 . 1988, p . 35 .

7 ) OJ No L 219, 14 . 8 . 1990, p . 49 .

Answer given by Mr Ripa di Meana

on behalf of the Commission

(8 July 1992 )

The Commission is currently examining the Italian law
referred to by the Honourable Member ( Legislative
Decree No 133 of 27 January 1992 ) to ensure that it
complies with Community law on the environment ( in
particular, Directive 76 / 464 / EEC ).

WRITTEN QUESTION No 1076 / 92

by Mr Giuseppe Mottola ( PPE )
to the Commission of the European Communities

( 30 April 1992 )

( 92 / C 317 / 82 )

Subject : Request for the exclusion of Corallium Rubrum

( red coral ) from the proposal for a Council
Regulation on the possession of and trade in
specimens of species of wild fauna and flora

Having regard to the fact that Annex B of the proposal for
a Regulation ( COM(91 ) 448 final — SYN 370 ) (*)
includes Corallium Rubrun,

Whereas the Cites assembly ( Ottawa, 1987 ) rejected the
proposal to include Corallium Rubrum in Appendix II of
the Washington Convention on the grounds that it was
devoid of any scientific basis,

Whereas, in special technical consultations on Corallium
Rubrum ( September 1988 — January 1991 ), the GFCM of
the FAO decided that harmful conditions did not exist

and felt that it was not necessary to propose restrictive

measures .

Whereas, in accordance with the recommendation in
Parliament 's minutes ( 32 / 1, PE 126.723, of 12 October

1988 ), the system of fishing with nets is no longer used
because of the excessively severe working conditions .

1 . Will the Commission not defer implementing the

Regulation, so far as Corallium Rubrum is concerned,

3 . 12 . 92 Official Journal of the European Communities No C 317 / 41

pending the results of further studies currently under
way and will it not propose Regulations consistent
with the results of the investigations carried out by the
FAO ( Technical Consultations on Corallium Rubrum
   - — September 1988 to January 1991 )?

2 . Does the Commission not consider that
implementation of the measure will seriously
aggravate the already severely depressed social and
economic conditions in the south of Italy ?

3 . Is the Commission aware that in the district of Torre

del Greco ( Naples ) the processing of this product is a
source of artistic and cultural pride as well as
providing work for several thousand people ?

O OJ No C 26, 3 . 2 . 1992, p. 1 .

Answer given by Mr Ripa di Meana

on behalf of the Commission

(2 July 1992 )

1 . The species Corallium rubrum . is listed in Annex B of
the proposal for a Regulation concerned in accordance
with its Article 3, paragraph 2, subparagraph ( d ): ' Annex
B shall contain (. . .) species for which the provisions of
other Community legislation on the conservation of wild
fauna and flora regulate but do not prohibit the trade or
the taking '. Such provisions are contained in Article 14 of
the current version of the proposal for a Council Directive
on the conservation of natural habitats and of wild fauna

and flora ('). Corallium Rubrum is listed in Annex V of
that proposal, the relevant provisions of which allow
Member States to adopt measures with regard to the
taking of specimens of Annex V species from the wild as
well as with regard to their exploitation in order to ensure
that these activities are compatible with their conservation

status .

The basis for the taking of such measures by the relevant

Member States will amongst others be determined by the
results of the FAO investigations and those of the further
studies referred to by the Honourable Member . These do
not, however, affect the automatic listing of the Habitats
Directive 's Annex V species in Annex B of the proposed
Regulation .

2 . No, the inclusion of a species in Annex B of the
proposed Regulation does not imply a prohibition of
trade but — jn the case of native species — rather
provides Member States with the necessary tools for the
implementation of their own measures with regard to the
exploitation of such species, if any .

3 . Yes .

WRITTEN QUESTION No 1079 / 92

by Mr Friedrich Merz ( PPE )
to the Commission of the European Communities

( 30 April 1992 )

( 92 / C 317 / 83 )

Subject : Purchase of holiday homes in Denmark

1 . Does the Commission consider that the Danish ban
on the acquisition of holiday homes by foreign nationals
is compatible with Community law ?

2 . Is it normal Commission practice in its dealings with
Members of the European Parliament not to answer the
two questions on this subject which I sent to the
Commission by post on 6 September and 7 November

1991 ?

Answer given by Mr Christophersen

on behalf of the Commission

( 30 July 1992 )

1 . The Council Directive 88 / 361 / EEC of 24 June 1988
for the implementation of Article 67 of the EEC
Treaty ( x ) extends the capital liberalization obligations of
earlier Directives to all capital movements . Where capital
movements are liberalized, this implies not only removal
of foreign exchange controls but also the freeing of
underlying transactions . The one exception provided in
jthe Directive is set out in Article 6(4 ) which provides that :

' Existing national legislation regulating purchases of
secondary residences may be upheld until the Council
adopts further provisions in this area in accordance
with Article 69 of the Treaty . This provision does not
affect the applicability of other provisions of
Community law '.

It should be pointed out that existing Regulations in
Denmark allow citizens of other Member States, as well
as nationals, to acquire property there, if their domicile is
in Denmark at the time of purchase . Nevertheless, only
those who are established as workers or as independents
exercising a professional activity can be domiciled in
Denmark .

The Commission considers that, on the basis of the
provision outlined above, Danish legislation is compatible
with Community law .

2 . The Directorate General for Economic and
Financial Affairs which is responsible for capital
movements has no record of having received, letters from
the Honourable Member in November last . It is the
practice of the Commission to reply to all letters received .

O OJ No C 247, 21.9 . 1988 and OJ No C 195,3.8.1990 . O OJ No L 178, 8 . 7 . 1988 .

No C 317 / 42 Official Journal of the European Communities 3 . 12 . 92

WRITTEN QUESTION No 1082 / 92

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

( 30 April 1992 )

( 92 / C 317 / 84 )

Subject : Vocational training and subsidiarity

Fifty per cent of those unemployed in the Community are
long-term unemployed and yet the Community is
experiencing a shortage of certain skills .

What does the Commission intend to do, in conjunction
with the Member States, to overcome the deficiencies in
vocational training ?

How does the Commission intend to coordinate the
principle of subsidiarity in the field of vocational training
so as to encourage national vocational training policies to
respond better to the Community 's needs ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 4 September 1 992 )

The Commission fully shares the Honourable Member 's
concern about the issue of long-term unemployment,
which is closely linked to that of industrial adjustment

and economic and social cohesion . The long-term
unemployed accounted for almost 50% of the total of
registered unemployed in the Member States between

1985 and 1990, a period during which less than a third of
the 9 million new jobs created were taken by unemployed
workers .

To contribute to measures designed to combat
unemployment in the Member States, the Commission
has the European Social Fund, which was reformed so
that it could respond more effectively and flexibly to the
needs of individuals and to overcome the obstacles in the
way of their reintegration in the labour market .

The Commission is also engaged in major work at
Parliament 's request to produce a more accurate analysis
of shortcomings in qualifications at Parliament 's request .
The Commission will shortly be sending a report on this
work to Parliament and the Council .

Operations are likewise in progress under Community
training programmes such as Petra ( development of
vocational training for young people ), Force
( development of continuing vocational training ) and
Eurotecnet, in support of all projects in the field of
qualifications analysis, and under the ERGO programme,
which is specifically designed for the long-term
unemployed .

The Commission has devoted Ecu 300 million to the

Euroform Community initiative, which finances

vocational training operations designed to develop new
skills in sectors undergoing technological change ( textiles,
metalworking, etc ).

The Commission 's memorandum on vocational training
in the Community in the nineties, which was sent to
Parliament for information, sets out the main issues and
prospects in the field of vocational training at Community
level ; it is intended as a contribution to the debate on an
anticipatory strategy designed to prevent unemployment .

The Commission shares the Honourable Member 's
concern about the need to apply the principle of
subsidiarity in the field of vocational training .

The principle implies coherence and complementarity
between regional, national and Community levels .

The Commission is endeavouring to promote this
coherence and complementarity in its contacts with the
authorities of the Member States as part of the
partnership approach to vocational training programmes
and structural measures .

WRITTEN QUESTION No 1091 / 92

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

( 30 April 1992 )

( 92 / C 317 / 85 )

Subject : Ban on self-defence aerosols in Community

countries

In Germany, in order to avoid having to use firearms,
people who want to protect themselves are acquiring
self-defence aerosols ( for example CS gas aerosols
manufactured by Intergas Chemie ) which can temporarily
immobilize one or more assailants . The aerosols can be
carried easily in a pocket or bag or be kept within easy
reach in a car or dwelling . The manufacturer states that
precautions must be taken as regards the distance of the
jet and the storage temperature . The aerosol (' Original
TW 1000 MAN ' Article No 00202 ) is marketed in
Germany and the instructions are given in several
languages, but it is banned in other Community countries .

Does the Commission consider it appropriate to
authorize or ban a product which is actually already being
sold on the other side of the Community 's internal
borders ?

3 . 12 . 92 Official Journal of the European Communities No C 317 / 43

Answer given by Mr Bangemann market : foreign customers are obviously particularly at

on behalf of the Commission risk .

(6 July 1992 )

In the absence of Community harmonization of national
laws in a specific area Member States are free to introduce
rules as they see fit, provided that they respect the
Community principles relating to the free movement of
goods, as interpreted by the Court of Justice . In such a
context, restrictions on the sale of certain products may be
acceptable, especially if they are justified by one of the
exceptions provided for in Article 36 of the Treaty,
including safety and health, and if they are proportionate
to the objective in hand .

As regards the products referred to by the Honourable
Member, the Commission is unable, in the absence of
information on their composition, characteristics and use,
to assess the legitimacy of the restrictions imposed on
them by certain Member States .

WRITTEN QUESTION No 1107 / 92

by Mr Ernest Glinne ( S )

to the Commission of the European Communities

( 11 May 1992 )

( 92 / C 317 / 86 )

Subject : Property fraud in Spain

A Canadian citizen visiting Spain as a tourist without a
residence permit is involved in large-scale real estate
transactions, notably in Andalusia, where he has
defrauded purchases from a number of different
Community Member States ( the UK and Belgium, one
group which can be easily contacted coming from
Courcelles, Hainaut ).

A third method is that the promoter builds property on
land belonging to a third party and this results in lengthy
and onerous proceedings .

Can the Commission confirm the truth of these incidents
of fraud which are apparently possible under Spanish
legislation — even in the absence of building permission

— and take or have adopted, if necessary, measures to
protect consumers in Spain and elsewhere ? The same
fraudulent practices are apparently found throughout the
Iberian Peninsula and elsewhere .

Answer given by Mr Van Miert

on behalf of the Commission

( 20 July 1992 )

The Commission does not have the powers to deal with
the matter raised by the Honourable Member, which is
entirely the responsibility of the national authorities .

However, in the particular case of time-share contracts,
the Commission adopted a proposal for a Directive on 20
May 1992 on the protection of buyers in contracts relating
to the use of immovable property on a time-share basis .

The proposal aims to establish minimum standards of
protection for buyers in this area . There are three aspects
to this protection : precontractual, in that the information
a potential buyer must have before signing a contract is
specified ; contractual, as the proposal stipulates that the
information supplied to the buyer forms part of the
contract ; and post-contractual, in that purchasers are
granted a period of grace during which they can withdraw
from the contract after signature .

WRITTEN QUESTION No 1119 / 92

The most, frequent method is to take advantage of QUESTION

Spanish law to compel the purchaser to pay 80% of the ' by Mr Carlos Robles Piquer ( PPE )

Spanish law to compel the purchaser to pay 80% of the
price of an unfinished dwelling as soon as the roof is in
place . The prospective buyer then often finds that the
vendor has no intention of completing the house or
flat . . . and the same trick is then used on other victims .

Another method is that the customer is brought before a

notary by the kind of unscrupulous salesman referred to
above and asked to sign a sales contract on the basis of a
design, without being told that he or she is obliged to pay
the registration fee within a period of 30 days otherwise
the vendor is entitled to put the property back on the

to the Commission of the European Communities

( 11 May 1992 )

( 92 / C 317 / 87 )

Subject : The Maastricht agreements and investment in

education

The vice-chancellors of a number of Spanish universities

have expressed their fear that the restrictions required by

No C 317 / 44 Official Journal of the European Communities 3 . 12 . 92

the Maastricht Treaty if the conditions of economic
convergence are to be met may lead to cuts in investment
in education . Thus, the Vice-chancellor of the
Autonomous University of Madrid, Don Cayetano
Lopez, has said that he is afraid ' that our dreams will be
'
frozen once again — dreams which were based on the
belief that research and education were synonymous with
growth and modernization and were the means by which
we would catch up with Europe . The journalist who
recorded this statement ( Esteban Barcia, El Pais, Madrid,
3 March 1992 ) added ' the shadow of Maastricht is long —
long, sharp and menacing to university education '.

Has the Commission heard of similar reactions in other
Community countries, does it consider such fears to be
well-founded and, if so, does it believe that it would be
possible for the Community to provide aid to ensure that
universities do not pay the high price they fear ?

Answer given by Mr Christophersen

on behalf of the Commission

( 15 September 1 992 )

The Community Support Framework for the less
developed regions of Spain ( Objective 1 ) includes a
pluri-regional programme of research and development
whose aims are essentially to improve the basic
infrastructure of university research centres and regional
technical institutes and their personnel resources . The
programmes submitted by the Spanish regions contain
similar actions, as well as the Objective 2 Community
Support Framework which covers the regions suffering
from industrial decline . Finally, Spain will also benefit in
this field from the innovation and technological
development capacity of the regions . On the whole the
contribution of the EC structural Funds to the Spanish
research and development effort should approach Ecu
200 million for the 1989—1993 period .

Mention should also be made of the programmes initiated
under the Community 's education and training policies,
some of which are specifically targeted at the higher
education sector — Erasmus, Comett and Action 2 of
Lingua — to which the Community has been devoting
increased financial resources .

The overall financial resources available both for the

Community structural Funds and its research and
development policies should be substantially reinforced
after 1993, according to the Commission propositions
contained within the Delors II package . This shows that
the construction of EMU does not lower the priority
given by the Community to its human resources and
scientific development policies, especially in the less
favoured regions . The revision of the Community
structural policies for the post - 1993 period should

contemplate new and more flexible criteria which extend
EC support in high priority areas for the development of
the Member States .

An increased concertation and partnership between the
Community and the Member States in the definition of
their development policies, within the framework of the
construction of EMU, will ensure the necessary room for
expenditure on research, education and other priority

areas .

WRITTEN QUESTION No 1122 / 92

by Mr Victor Manuel Arbeloa Muru ( S )
to the Council of the European Communities

( 11 May 1992 )

( 92 / C 317 / 88 )

Subject : The European Drugs Monitoring Centre

Does the Council plan to consider at one of its
forthcoming meetings the Commission 's proposal for a
definitive Regulation on the future European Drugs
Monitoring Centre ( COM(91 ) 463 )?

Answer

( 30 October 1992 )

The European Council in Lisbon welcomed the political

agreement which emerged on the Regulation establishing
a European Drugs and Drug Addiction Monitoring
Centre . That body will help give the Community and the
Member States an overall ' View of this serious social
phenomenon and will thus assist them in defining th^ir
action .

A final problem regarding the seat of the Monitoring
Centre has still to be solved .

WRITTEN QUESTION No 1127 / 92

by Mr Juan Bandrés Molet ( V )
to the Commission of the European Communities

( 11 May 1992 )

( 92 / C 317 / 89 )

Subject : Introduction of a possible free-trade area
between the European Community and the
Maghreb countries

A proposal by Commissioner Matutes to conclude a
free-trade agreement between the European Community

3 . 12 . 92 Official Journal of the European Communities No C 317 / 45

and the Maghreb countries has caused great concern
among fruit and vegetable growers in Valencia, Murcia,
Andalusia and the Canary Islands, particularly since, to a
large extent the fruit and vegetable sector of Spain, which
is a Member State, is undergoing a transitional period .

If a free-trade agreement were concluded between the
European Community and the Maghreb countries, what
steps would the Commission take to prevent any damage
to the traditional fruit and vegetable sector in Spain ?

Answer given by Mr Matutes

on behalf of the Commission

(3 August 1992 )

The Commission is fully aware that free trade in
agricultural produce cannot be viewed in the same way as
free trade in manufactured goods, for which the only
factor involved the abolition of customs duties and
quantitative restrictions . In the case of agricultural
produce, on the other hand, there are specific measures to
protect the Community market, which counterbalance the
constraints on Community producers . This is why
genuine agricultural free trade has never so far been
included in any agreements between the EC and
non-member States .

The Commission would also point out that the
transitional period for the Spanish fruit and vegetable
sector expires at the end of 1995 at the latest .

Answer given by Mr Mac Sharry

on behalf of the Commission

                  - (7 August 1 992 )

On 31 July 1981 the Council adopted Directive
81 / 602 / EEC (') prohibiting the placing on the market of
stilbenes, stilbene derivatives, their salts and esters for the
purpose of administering them to animals of all species .

Council Directive 85 / 358 / EEC ( 2 ) adopted certain
Community control rules so as to guarantee compliance
by the Member States with the provisions of the above
" Directive 81 / 602 / EEC . It provided for controls by
sampling of animals in their farms of origin with a view to
the detection of prohibited substances and controls at the
slaughterhouse before and after slaughtering . In the event
that the presence of prohibited substances is confirmed an
investigation is made by the competent authorities of the
Member State in question and the animals carrying the
prohibited substances are withdrawn from human and
animal consumption, without prejudice to administrative
and penal sanctions taken by the Member State . In
addition, the Directive provides for the Member States to
notify the Commission at least once a year of the control
measures they have adopted, including details of
samplings, analyses and investigations carried out for
detection of the presence of residues of substances whose
use is prohibited .

Council Directive 86 / 469 / EEC ( 3 ) adopts the detailed
arrangements for control plans relating to the detection of
residues in animals and fresh meat, which are submitted
to the Commission annually for its approval .

Lastly, Commission Decisions 87 / 410 / EEC ( 4 ) and
89 / 610 / EEC ( 5 ) adopt the methods to be used for
detecting residues of substances having a hormonal action
( routine and reference method ) and establish the list of
national reference laboratories for detecting residues .

In any event, should a new agreement be negotiated with ( routine and reference
the Maghreb countries, the Community will take account national reference
of the specific nature and sensitivity of certain agricultural
products and the legitimate interests of Community O OJ No L 222, 7 . 8 . 1981 .
producers . O OJ No L 191,23 . 7 . 1985 .
O OJ No L 275, 26 . 9 . 1986 .
( 4 ) OJ No L 223, 11 . 8 . 1987 .
O OJ No L 351, 2 . 12 . 1989 .

WRITTEN QUESTION No 1138 / 92

by Mrs Nel van Dijk ( V ) WRITTEN QUESTION No 1143 / 92

to the Commission of the European Communities

( 11 May 1992 )

( 92 / C 317 / 90 )               

by Sir Christopher Prout ( ED )
to the Commission of the European Communities

( 11 May 1992 )

( 92 / C 317 / 91 )

Subject : European policy on DES ( disthylstilbestrol ) Subject : Construction Products Directive

What plans does the Commission have to introduce a

policy on DES at Community level and what time scale
does it envisage for such a policy ?

1 . Upon which date will the Commission publish the
list of minor part products as defined in the Construction
Products Directive ? ( 89 / 106 / EEC (') Article 4.5 )

No C 317 / 46 Official Journal of the European Communities 3 . 12 . 92

2 . " When will the Commission publish mandates to
CEN requiring the preparation of harmonized standards
for sanitary appliances and terminal water supply fittings ?
( 89 / 106 / EEC Article 7.1 )

3 . What did the Commission do to ensure CEN
technical committees were adequately briefed before they
were asked to provide recommendations upon the route
to attestation of conformity for products falling within
their remit ? ( 89 / 106 / EEC Article 13 )

O OJ No L 40, 11.2 . 1989, p. 12 .

Answer given by Mr Bangemann

on behalf of the Commission

(6 July 1992 )

1 . The Commission, having consulted the Standing
Committee on Construction, does not consider it a
priority, at this time, to publish the list of products which
only play a minor part in respect to health safety . In fact,
Article 6.2 of the Directive permits the marketing of such
products in the Member States if they satisfy national
provisions, until such time as the future harmonized
technical specifications provide otherwise .

2 . The Commission is aware of the importance of
harmonization in the field of the water cycle . As a first
step in this task, two provisional mandates to CEN are in
an advanced state of preparation . They concern the
execution of standardization work to determine various

characteristics of works in products involved in water
supply and in waste water disposal . Further mandates
addressing the products themselves are following,
regarding inter alia sanitary appliances and terminal water
supply fittings .

3 . The choice of the procedure for the attestation of
conformity of a product shall be specified by the
Commission after consulting the Standing Committee on
Construction — SCC — ( 89 / 106 / EEC Article 13.4 ). The
work on this subject by the Attestation of Conformity ­
Working Group started with a pilot project involving only

a few products and product families . This basic work will
help the Commission to fulfil its role in the establishment
of the procedures for the attestation of conformity in
mandates .

To answer the specific point raised by the Honourable

Member, the results of the work of the Attestation of
Conformity Working Group were also presented to
experts from CEN at the time so that the relevant sectors
of industry could become involved .

WRITTEN QUESTION No 1147 / 92

by Lord O'Hagan ( ED )
to the Commission of the European Communities

( 11 May 1992 )

( 92 / C 317 / 92 )

Subject : Social partners as a legislature

When the social partners are acting in a legislative
capacity, multiple problems will arise .

1 . Will the meetings be open to the public ?

2 . Will the meetings of the social partners be open to

MEPs, parliamentary officials, and officials of the
Commission ?

3 . Will MEPs be entitled to speak at these meetings ?

4 . Will a transcript of the proceedings, including a

record of the votes, be made available to the public
and the media ?

5 . Will the rules of procedure for the conduct of votes on

legislation among the social partners be published and
become admissible as an item for consideration by the
European Court of Justice ?

Answer given by Mrs Papandreou

on behalf of the Commission

(3 August 1992 )

1 . to 4 . The social partners do not legislate : they may
negotiate and conclude collective agreements at
Community level in accordance with the principle of
autonomous bargaining . These agreements are to be
implemented as stated in Article 4(2 ) of the Agreement on
Social Policy concluded between the Member States with
the exception of the United Kingdom within the
framework of the social dialogue where management and
labour discuss matters of common interest, where
consultation of management and labour takes place, and where discussion may lead to contractual relations . The

Commission has the general task of encouraging these
activities ; it is accordingly involved and may even
organize them . As far as negotiation procedures and
contractual relations are concerned, the social partners
are free to operate as they wish and may open meetings to
the public .

5 . Rules of procedure for contractual relations at
Community level ( not voting on legislation ) may be
determined freely by the social partners ; at their joint
request they may then be published . The Commission
considers that the procedures do not come within the
jurisdiction of the Court of Justice .

3 . 12 . 92 Official Journal of the European Communities No C 317 / 47

WRITTEN QUESTION No 1184 / 92

What are the views of the Commission concerning the

by Mrs Brigitte Ernst de la Graete ( V ) size and scope of this new fund and its relationship with

the existing Structural Funds ?
to the Commission of the European Communities

( 15 May 1992 )

( 92 / C 317 / 93 )

Subject : Abandoned and forcibly conscripted children in

Chad

Unicef officials have just reported that only 1,5 % of
children of school age attend school in Chad due to the
damage caused by the war there ; they are condemned to

vagrancy .

Moreover, 2 000 . children were apparantly forcibly
conscripted into Idriss Deby 's forces at the time of his
escapade against President Hissène Habré . With the
training they received, these children are today living
from pillage .

What steps has the Commission taken or does it intend to

take with regard to the tragic plight of children in Chad ?

Answer given by Mr Marin
on behalf of the Commission

( 23 July 1992 )

The rate of 1,5 % for school attendance in Chad must be a

mistake . According to information received by the
Commission, the rate is closer to 50 % . The Government is
endeavouring to raise the rate to 75% by the year 2000 .

The United Nations Development Programme ( UNDP )
puts the attendance rate for primary schools in the period

1986-1988 at 38 % .

The Commission is giving direct aid to the educational

system in Chad in order to remove the causes for low
attendance wherever possible .

The Commission has no information enabling it to

confirm or deny the forceful enrolment of minors in the

army .

WRITTEN QUESTION No 12 1 2 / 92
by Mr Gene Fitzgerald, Mr Patrick Lalor, Mr Niall
Andrews, Mr James Fitzsimons, Mr Mark Killilea and Mr

Patrick Lane ( RDE )
to the Commission of the European Communities

( 21 May 1992 )

( 92 / C 317 / 94 )

Subject : Regional policy and the Cohesion Fund

The European Summit at Maastricht decided in principle
to establish a Cohesion Fund to assist the development of
the economies of Ireland, Spain, Greece and Portugal .

Answer given by Mr Christophersen

on behalf of the Commission

(7 July 1992 )

The Commission requests the Honourable Members to
refer to the following :

— COM(92 ) 2000 : From the Single Act to Masstricht

and beyond : The means to match our ambitions

— COM(92 ) 2001 : The Community 's finances between

now and 1997

— COM(92 ) 84 : Community structural policies —
Assessment and outlook .

WRITTEN QUESTION No 1220 / 92

by Mr David Morris ( S )
to the Commission of the European Communities

( 21 May 1992 )

( 92 / C 317 / 95 )

Subject : United States Marine Mammal Protection Act

Is it true that the US Secretary of State and the Secretary
of State for Commerce have approached the European
Commission with a request that the EC support a GATT
complaint against the ' operation of the US Marine
Mammal Protection Act ?

Answer given by Mr Andriessen

on behalf of the Commission

( 15 September 1 992 )

No request by the United States Government that the
Community supports a GATT complaint against the
Marine Mammal Protection Act has been made to the

Commission .

The Commission fully shares the objectives of protection

of the environment . However, the Commission believes
that unilateral actions in this field imposed on third
countries are not the best way to achieve environment
protection goals .

No C 317 / 48 Official Journal of the European Communities 3 . 12 . 92

In this context, the EC fully supports the conclusions of
the GATT Panel requested by Mexico and has decided
that pressure must be maintained, both bilaterally and
multilaterally, for its adoption . In fact, bilateral
consultations under GATT Article XXIII . I were held
with the US on 10 April 1992 but to no avail .

The Commission would support international action to

address, in a comprehensive manner, the issue of
incidental mortality and other environment issues arising
from the use of certain fishing practices .

In this context, the Commission recently participated at
an international conference on responsible fishing, held in
Cancun on 6 to 8 May 1992 .

WRITTEN QUESTION No 1227 / 92

by Mrs Annemarie Goedmakers ( S )
to the Commission of the European Communities

( 21 May 1992 )

Answer given by Mr Delors
on behalf of the Commission

( 13 August 1992 )

The Commission learned of the alleged cases of fraud
referred to by the Honourable Member from the press . It
called on the Dutch authorities, which had failed to report
the cases, to follow the notification procedure laid down
in Articles 3 and 4 of Regulation ( EEC ) No 595 / 91 of 4
March 1991 concerning irregularities and the recovery of
sums wrongly paid in connection with the financing of the
common agricultural policy and the organization of an
information system in this field 0 and to apply the
provisions set out in the last subparagraph of Article 5(1 )
of Regulation ( EEC ) No 3665 / 87 of 27 November 1987
laying down common detailed rules for the application of
the system of export refunds on agricultural products, as
last amended by Regulation ( EEC ) No 354 / 90 ( 2 ) for any
cases not yet closed .

In their reply, the Dutch authorities informed the
Commission that no inquiry had been carried out since it
was not justified by any of the facts reported by the press .

Moreover, cheese consumption in Andorra seemed
normal given the significant number of tourists in the
country and the fact that there had been no increase in
consumption in recent years .

( 92 / C 317 / 96 ) O o OJ OJ No No L L 67 38,, 10.2 14 . 3 . . 1990 1991 . .

Subject : Fraud involving cheese

According to the 14 February 1992 edition of ' De
Volkskrant ', a preliminary judicial investigation is being
carried out in Zutphen, in the Netherlands, into two firms
in connection with a case of fraud involving the export of
cheese to Germany via Andorra and Tanzania . According
to export statistics, 6,5 kg of cheese is consumed daily per
head of population in Andorra .

1 . Is the Commission aware of this report ?

2 . Was the Commission already aware of this case of

fraud ? If so, when and how did the Commission come
to know of it ?

3 . Has this case been notified to the Commission by the

relevant Dutch authorities ?

4 . If so, when was it reported, and what stage had the

investigation launched by the relevant national
autorities reached when the Commission was

notified ?

5 . What sum is involved in ECU terms in the above case

of fraud ?

6 . What sum in ECU terms is it likely to be possible to

claim back ?

WRITTEN QUESTION No 1230 / 92

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

( 21 May 1992 )

( 92 / C 317 / 97 )

Subject : Cross-border impact of irrigation projects in

Spain

Further to the Commission 's answer to my Written
Questions Nos 1128 / 92 and 1130 / 91 (')

1 . Have the Spanish authorities now supplied
information on the extent of the environmental impact
of the irrigation works in the Tejo and Douro river
basins ?

2 . What will be the effects of these works on Portuguese

agriculture ?

3 . Will there be any impact on the wildlife of the Tejo

estuary, a specially protected area under Directive
79 / 409 / EEC O ?

3 . 12 . 92 Official Journal of the European Communities No C 317 / 49

4 . Does the Commission intend to contribute to the

funding of these projects ?

o OJ No C 38, 15 . 2 . 1992, p . 18 .
O ' OJ No L 103,25 . 4 . 1979, p . 1 .

Answer given by Mr Van Miert

on behalf of the Commission

( 28 September 1 992 )

The Commission would inform the Honourable Member

that there are no proposals in the regional operational
programmes submitted by Spain for new irrigation plans
in the Tejo ( Tagus ) and Douro river basins .

It is simply proposed to improve the irrigation systems
already in existence in the Castilla y Leon region in order
to optimize water use .

The environmental authorities of Castilla y Leon have
taken the necessary steps to ensure that the measure are
implemented in accordance with Community legislation .

WRITTEN QUESTION No 1272 / 92

by Mr Yves Verwaerde ( LDR )
to the Commission of the European Communities

(4 June 1992 )

( 92 / C 317 / 98 )

Subject : Relations with Israel — signature of the Fourth

Financial protocol

Could the Commission state what the most significant
provisions are of the Fourth Financial Protocol,
concluded with Israel in 1991 ?

Answer given by Mr Matutes

on behalf of the Commission

( 13 July 1992 )

The fourth financial Protocol forms an integral part of
the 1975 EEC-Israel Agreement and is of a purely
technical nature . Through it, the European Investment
Bank has made ECU 82 million available to Israel in the
form of loans governed by the conditions, arrangements
and procedures set out in the Bank 's Statute . The period
over which these loans are to be made is due to end on 31

October 1996 .

Eligible for financing are those capital projects which
foster productivity, the complementarity of the

Community and Israeli econimies, and, more especially,
industrialization in Israel .

WRITTEN QUESTION No 1274 / 92

by Mr Sérgio Ribeiro ( CG )
to the Commission of the European Communities

(4 June 1992 )

( 92 / C 317 / 99 )

Subject : Studies on national situations for the specific

programme for the Community 's textile regions

( Retex)-2

In November 1991 I addressed a Written Question
( No 2974 / 91 (')) to the Commission on the above topic,
based on the knowledge that the KSA consultancy had
been commissioned to produce, in connection with the
Retex programme, a study on national situations in the
textile sector within the very short deadline of the end of
that year .

In April 1992, during a visit to northern Portugal, I had
meeting with both sides of industry and learnt from the
industrialists ' association Anitaf that there had been
contact with technical staff from the KSA consultancy but
that it had not been possible to arrange a meeting since the
staff in question did not have sufficient time available,
having spent so much time in Spain in connection with
their study .

I have since received the Commission 's reply to my
question, dated 12 March, which says, amongst other
things, that the study is to be concluded within the next
few weeks .

Could the Commission say whether the study is now
complete, when it will be available, and to what extent
Portuguese representatives have been involved,
particularly those of industry and the social partners ?

O OJ No C 180, 16 . 7 . 1992, p. 21 .

Answer given by Mr Bangemann

on behalf of the Commission

(9 July 1992 )

The Commission is keeping a particularly watchful eye on
developments in the textile and clothing industry in
Community countries such as Portugal which are heavily
dependent on this sector .

That is why in 1991 it commissioned a study on the
situation of the textile and clothing industry in Spain,
Greece, Portugal and the new German Länder . This study
is not connected with the Retex initiative .

No C 317 / 50 Official Journal of the European Communities 3 . 12 . 92

The main aim of the study is to get a better idea of certain
qualitative aspects of developments in the sector and in
particular the Way in which operators perceive the
challenges facing the sector and the possible approaches
to bring it more into line with requirements .

The Commission therefore asked the consultancy
carrying out the study to work closely with operators in
the sector concerned . Accordingly, the consultancy 's
national representatives carried out a series of interviews
in each country with the trade associations, trade unions,
public authorities and a representative sample of firms .

The study is now in its final phase : four ' panels ' have been
organized in the countries covered by the study . All
interested parties, including Anitaf, were invited to take
part . The purpose of these panels is to obtain the opinions
of all concerned about the possibilities open and the
advisability of the measures likely to be envisaged in the
public sector and in the private sector .

The study will be finalized shortly .

WRITTEN QUESTION No 1279 / 92

by Mr Pierre Lataillade ( RDE )
to the Commission of the European Communities

(4 June 1992 )

( 92 / C 317 / 100 )

Subject : The European motor industry and Japan

In its reply to Written Question No 3040 / 91 (') on the
future of the European motor industry, the Commission
refers to a forthcoming communication on the internal
aspect of the motor industry .

Is the Commission yet in a position to make this
communication available to us ?

(') OJ No C 141, 3.6 . 1992, p. 35 .

Answer given by Mr Bangemann

on behalf of the Commission

( 16 September 1992 )

The communication to which the Honourable Member

refers, mentioned in the Commission 's answer to Written
Question No 3040 / 91, was adopted by the Commission
on 29 April 1992 .

It was forwarded to Parliament on 14 May 1992 .

WRITTEN QUESTION No 1289 / 92

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

( 4 June 1992 )

( 92 / C 317 / 101 )

Subject : Repeal of Greek Law 2292 / 1953

The Board of Governors of the Union of Greek Banks,
the body representing and expressing the interests and
views of all credit institutions in Greece, has raised the
question of repealing the provisions of Greek Law
2292 / 1953 . This law confers on the Minister of Finance
the prerogative of repesenting at general meetings of the
banks all the insurance funds and other legal persons
covered by public law . The Union is calling for the
immediate repeal of this provision by the Greek
Government, pointing out that it is not only contrary the
Community law but prevents modernization of the Greek
banking system since it means that shares cannot be
managed freely and there is an inherent risk of party
political influence over bank management in the wider
public sector . What steps does the Commission intend to
take towards repealing this provision of Greek Law
2292 / 1953, which is at variance with Community law ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 8 September 1 992 )

It has been brought to the Commission 's attention that in
June 1992 a draft law was submitted to the Greek

Parliament regarding the activities of Credit Institutions
in Article 26 of this law — where abolished and modified
dispositions are mentioned — paragraph 7 stipulates that
' the disposition of Article 2 of the law 2292 / 1953 is
substituted as follows : in general assemblies of the
shareholders of Bank of Greece, Pension Funds, Public
entities and organizations of public utility which are
shareholders, are represented by the Minister of Finance,
etc .'

Under the law 2292 / 1953 a special power was given to the
Minister of Finance to represent the public bodies in the
general assemblies of all the banks of the public sector .
The new draft legislation, through its abovementioned
Article 26, withdraws the general privilege from the

Minister of Finance, by defining that he is henceforth
authorized to represent public entities, etc . in general
assemblies only in the Bank of Greece .

This arrangement would appear to settle the problem
raised by the Honourable Member of Parliament .

3 . 12 . 92 Official Journal of the European Communities No C 317 / 51

WRITTEN QUESTION No 1295 / 92

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

(4 June 1992 )

( 92 / C 317 / 102 )

Subject : Protection of endangered species 

The Sparta local authority and private individuals are
filling in the historic river Eurotas with rubble, ignoring
the storm of protest from environmental groups who
consider this disastrous for the environment and the bird
life in the area . Given that the environmental groups have
already exhausted all channels of appeal and protest in
Greece and that there has been a breach at least of
Directive 79 / 409 / EEC (') on the protection of wild birds,
what does the Commission intend to do ?

O OJ No L 103, 25 » 4 . 1979, p. 1 .

Answer given by Mr Van Miert

on behalf of the Commission

( 28 September 1992 )

The Commission does not have any information to

indicate that the matter referred to by the Honourable
Member has any bearing on the application of Directive
79 / 409 / EEC .

Answer given by Sir Leon Brittan

on behalf of the Commission

( 14 September 1 992 )

Aid to shipbuilding is governed by the Council Directive
on aid to shipbuilding of 21 December 1990 ( 1 ). Member
States may grant aid in accordance with the provision of
this Directive and, indeed, the Commission has approved
schemes notified by Denmark as being compatible with
the common market .

Any Community shipowner may benefit from aid granted
to shipbuilding in a particular Member State simply by
choosing to build vessels in that Member State 's
shipyards . By means of its monitoring powers provided
under the said directive, the Commission is ensuring that
no individual contract is receiving more aid than the
maximum ceiling set yearly by the Commission, even if
aid is granted from two different Member States . In
consequence, shipowners are placed on an equal-footing
and unfair competition from shipbuilding subsidies, to
the extent that they comply with the provisions of the
Shipbuilding Directive, does not arise .

The question of cross-subsidization would appear
irrelevant under such circumstances .

O OJ No L 380, 31 . 12 . 1990 .

WRITTEN QUESTION No 1333 / 92

by Mr James Nicholson ( PPE )
to the Commission of the European Communities

(5 June 1992 )

( 92 / C 317 / 104 )

WRITTEN QUESTION No 1319 / 92

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

( 5 June 1 992 )

( 92 / C 317 / 103 )

Subject : Cross-subsidizing of a shipping company in

Denmark

Is the Commission aware that the shipyard of the Maersk
shipping company in Denmark receives considerable
subsidies from the Danish Government, thus enabling this
company to cut its transport costs, and distorting
competition in the Community shipping industry ?

Is the Commission prepared to look into this matter of
cross-subsidy, and if necessary introduce measures to
ensure fair competition ?

Subject : Replies to written questions

Will the Commission ensure that answers to written
questions are given to the relevant member or members
before the answers are released to the media ?

Answer given by Mr Bangemann

on behalf of the Commission

( 11 August 1992 )

As soon as the answer to a written question is finalized, it
is sent to the Member of Parliament concerned ( rue
Belliard, Brussels ) as well as to the Secretariat of
Parliament, which also sends the answer to him / her by
post ( private address ).

No C 317 / 52 Official Journal of the European Communities 3 . 12 . 92

The press, on the other hand, is given once a week the
answers issued the previous week .

In this way, the Commission ensures that the Member of
Parliament concerned is the first to be informed of the
answer to his / her question .

WRITTEN QUESTION No 1345 / 92

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

(5 June 1992 )

( 92 / C 317 / 105 )

Subject : Withdrawal of herbal remedies

Would the Commission comment on the withdrawal from
production, reportedly as a result of ' action by the EEC '
of the ' warming ' herbal remedy ' KOMPO ' produced until
recently by Messrs J. F. White & Co . Ltd . of Harrogate,
the ingredients of which were listed as Catechu BPC,
clove oil, cassia oil and capsicum ?

Answer given by Mr Bangemann

on behalf of the Commission

(6 July 1992 )

As it currently stands, Community law does not empower
the institutions of the European Community to authorize .
medicinal products or withdraw them from the market .

Accordingly, the Commission has no information on the
halt in the production of plant-based medicinal products
and has taken no decision on the matter .

WRITTEN QUESTION No 1349 / 92

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

(5 June 1992 )

( 92 / C 317 / 106 )

Subject : Expiry dates for consumption of food products

The expiry dates for consumption indicated on
pre-packaged food products do not always correspond to
the reality . Except in very particular cases of highly
perishable foodstuffs, the criteria for dating appear to be
left to the discretion of the producer .

What is the situation in the various Member States ? Has
the Commission carried out an inquiry into the matter,
and is it considering introducing Community - wide rules ?

Answer given by Mr Bangemann

on behalf of the Commission

(6 July 1992 )

Council Directive 79 / 112 / EEC of 18 December 1978 on
the labelling of foodstuffs ( x ), as last amended by
Directive 91 / 72 / EEC ( 2 ), and in particular Article 3
thereof, make it compulsory to indicate on the labelling of
foodstuffs the date of minimum durability or, in the case
of foodstuffs which from the microbiological point of
view are highly perishable, the ' use-by ' date .

This provision has been incorporated into the legislation
of all Member States .

While the date in question is set at the discretion and
under the responsibility of the producer, this is a matter
which is nevertheless subject to the scrutiny of the
competent authorities of the Member States, since,
pursuant to Article 6(1 ) of Directive 89 / 397 / EEC of 14
June 1989 on the official control of foodstuffs ( 3 ),
labelling is subject to inspection by those authorities .

The Commission is not at present contemplating
amending Directive 79 / 112 / EEC in this respect, so that,
on practical grounds, producers retain a certain amount
of flexibility .

0 ) OJ No L 33, 8 . 2 . 1979 .
O OJ No L 42, 16.2 . 1991 .
O OJNoL 186, 30.6 . 1989 .

WRITTEN QUESTION No 1355 / 92

by Mrs Christa Randzio-Plath ( S )
to the Commission of the European Communities

(5 June 1992 )

( 92 / C 317 / 107 )

Subject : Women and the planned reform of the Social

Fund

1 . In the view of the Commission, how great is the
danger that, as a result of the planned reform of the Social
Fund, fewer women will be involved in future projects ?

2 . Can the Commission say how likely it is that women
will receive a larger proportion of the available funds as a
result of the planned reforms ?

3 . 12 . 92 Official Journal of the European Communities No C 317 / 53

3 . Bearing in mind the progress which has been made
in including child-care and transport costs in existing EC
projects, what opportunity will be provided in future to
combine family responsibilities with participation in
projects ?

4 . Will projects specific to women continue to be
promoted, in what way and under what conditions ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 7 September 1 992 )

1, 2 and 4 . The Commission is currently considering
how the Social Fund may be reformed and intends
generally to increase the impact and effectiveness of
Structural Fund support in the future . However, although
the Commission allocates the total Structural Fund
budget between the Member States, the way in which this
budget is spent is a matter for negotiation in the context
of a partnership comprising the Commission, national
authorities, regional authorities and other relevant
bodies . It would not be for the Commission to impose a
spending decision on a Member State authority .

The Commission is aware that women, especially young
women, are particularly affected by unemployment : 47 %
of the female working-age population is employed
compared with 75% of the male working-age population,
and 55% of the Community 's long-term unemployed is
female . Their position is further aggravated by the fact
that women tend to work in atypical, low-skilled and
low-paid jobs, which offer few chances of advancement .
It is also aware that women will be an important source of
labour in the next decade, as the numbers of young people
in the population drop .

Taking account of the situation of women as regards
employment, of the increasing demand for skilled labour
and of demographic trends, the Commission has provided
and continues to provide specific measures to help
women, funded by the Structural Funds — a prime
example being the NOW Initiative .

3 . The Commission is aware of the need to reconcile

family responsibilities with vocational training measures
in order to allow women to have access to the labour
market . Childcare and transport costs linked with
vocational training courses will therefore continue to be
eligible .

WRITTEN QUESTION No 1356 / 92

by Mr Marco Taradash ( V )
to the Commission of the European Communities

(5 June 1992 )

( 92 /C 317 / 108 )

Subject : Funding of projects relating to AIDS

Could the Commission draw up an exhaustive list of the
projects relating to AIDS which have received funding
from the Commission in the 1990 and 1991 financial
years, specifying in each case the type of project, the body
responsible for it and the amount allocated ?

Could it also indicate what criteria are applied in
subsidizing such projects ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 30 July 1992 )

The Commission intends to prepare a report at the end of

1992 on the actions carried out under the ' Europe against
'
AIDS programme . This will include information on the
projects supported financially by the Commission .

WRITTEN QUESTION No 1369 / 92

by Mr Siegbert Alber ( PPE )
to the Commission of the European Communities

( 5. June 1992 )

( 92 / C 317 / 109 )

Subject : Education for children of migrant workers in the

Member States

Since 1991 the Commission Task Force for Human
Resources, Education, Training and Youth has been
calling for measures to provide education for Sinti and
Roma children . As a result of recent political
developments, all Community Member States are
becoming incresingly attractive destinations for
immigrants, which means that the problem of migrant
workers and their children will increase .

Does the Commission see any possibility of providing
greater financial and moral support for efforts to provide
education for the children of migrant workers in the
Community Member States ?

No C 317 / 54 Official Journal of the European Communities 3 . 12 . 92

Answer given by Mrs Papandreou

on behalf of the Commission

( 11 August 1992 )

The Commission has indicated in its work programme for

1992 that the integration of migrants and their children is
a sensitive and important issue . Furthermore, it
recognizes the development of new patterns of migration,
the resultant effect on Member States which have not
traditionally received immigrants and the pressure which
is building up on national governments throughout the
Community to act . It is expected that the new migratory
patterns and the new pressures will be reflected in the
report on the state of intercultural education in the
Community which is currently being drawn up by the
Commission in close collaboration with Member States .
The consideration of this report, and the outcome of the
Commission 's examination of the implications of the
Treaty on European Union, will affect any proposals to
be made in this area by the Commission in the future .

At the financial and policy level, the Community has been
supporting the education of migrant worker 's children
since 1976 . This support has been extended as from 1991
to gypsy and traveller children . This year the Commission
once again has at its disposal ECU 2 million under
budgetary line B3-1003 for expenditure on the schooling
of migrant workers ' children . Experience gained from the
administration of the funds provided in 1991 has shown
that demand to support initiatives in this field greatly
exceeds the amount made available . In this context, the
Commission has to underline the fact that the schooling
of migrant workers ' children is the responsibility of
Member States, within the legal framework laid down by
Regulation ( EEC ) No 1612 / 68 (') and Directive
77 / 486 / EEC ( 2 ).

O OJ No L 257, 19 . 10 . 1968 .
O OTNoL 199, 6 . 8 . 1977 .

WRITTEN QUESTION No 1376 / 92

by Mrs Annemarie Goedmakers ( S )
to the Commission of the European Communities

( 5 June 1 992 )

( 92 / C 317 / 110 )

Subject : Violence against civilians by the military in Chad

On 16 February 1992, the Vice-President of the Chad
Human Rights Federation w;as shot dead by two soldiers .
Whatever the motives ( political or criminal ) may have
been, this incident is one of a series in which, over the
period 31 January 1992 to 18 February 1992 at least 20
other people have been killed by soldiers or armed
individuals in military uniform, according to an Amnesty
International report of 18 February 1992 .

Although the Idris Debry government has condemned the
massive violations of human rights by the former
government of Hissene Habre, according to Amnesty
International, it has, so far, taken no steps to prevent the
security forces from making wrongful or illegal use of
firearms or of force in general .

1 . Is the Commission aware of this report ?

2 . Has the Commission obtained more detailed
information from its representative in Chad ?

3 . If not, why not ?

4 . Has the Commission been able to assess the accuracy
of the report by Amnesty International of 18 February

1992 ?

5 . If this report is correct, what steps will the
Commission take ?

6 . Can the Commission provide support for the .
government of Chad in order to end violence against
civilians ?

Answer given by Mr Marin
on behalf of the Commission

( 9 September 1 992 )

Through its delegate in N'Djamena, the Commission is
following Chad 's political situation in general and the
human rights situation in particular extremely closely . It
was told immediately of the killing of Mr Behidi .

The Commission delegate immediately called on the
government to provide information on the circumstances
of this event . The government replied that the killing was
a criminal act and not a political one . Despite the
replacement of N'Djamena 's security chief and the
appointment of a committee of inquiry, no further
information has so far been received .

The Commission delegate has verbally communicated at
the highest levels the Commission 's concern at the
country 's political situation and the potential effect on
cooperation between the Community and Chad of a
deterioration in political life and of human rights failures .

On a proposal from the Commission, a request has been
made for an EPC report on Chad 's political and human
rights situations .

Recent developments in Chad, notably the replacement of
the previous government with one including at least five
members of the opposition, one of whom is the Prime
Minister, indicate that pressure from the Commission and
other aid donors may have influenced events .

3 . 12.92 Official Journal of the European Communities No C 317 / 55

WRITTEN QUESTION No 1377 / 92

by Mrs Annemarie Goedmakers ( S )
to the Commission of the European Communities

(5 June 1992 )

( 92 / C 317 / 111 )

Subject : Blindness resulting from food aid

The conclusion of a thesis ( Micro-Nutrients deficiencies

in Ethiopia and their inter-relationships ', for which
Zewdie Wolde-Gebriel was awarded a doctorate on 7

April at the Wageningen Agricultural University, states
that, in providing food aid, Western countries do not pay
sufficient attention to the quality of the food supplied
( according to the LT Journal of 2 April 1992 ). In Melkaye
( Ethiopia ), children suffered from greater vitamin A
deficiency than children in other Ethiopian regions less
dependent on food aid . On analysis, the food aid
provided was shown to be particularly low in vitamin A.

1 . How does the Commission check the nutritional value
of the food aid supplies for which it is responsible ?

2 . What criteria does it use ?

3 . Was the Commission involved in the supplies of food

aid referred to in the above thesis ?

4 . If so, what steps will the Commission take to prevent

any recurrence of such problems in future ?

Answer given by Mr Marin
on behalf of the Commission

(4 September 1992 )

The Commission regrets the effects of malnutrition in
Ethiopia described in the thesis to which the Honourable
Member refers . However, if the thesis does in fact
conclude that the effects concerned arise because ' in
proving food aid, Western countries do not pay sufficient
attention to the quality of the food supplied ', the
Commission cannot but express serious reservations .

Donors and humanitarian aid agencies take it for granted
that the role oF food aid is not to replace the diet of its
recipients . Except in the instances in which it is the only
source of food ( in refugee camps, for refugees on the
move or when given as emergency aid after a disaster ),
food aid should be used to make up a shortage, but should
be supplemented by local foodstuffs ( fruit, vegetables,
fish etc .). In situations other than these, food aid cannot
and must not seek to provide a complete diet, or the

recipients will become dependent on it . This is a risk
which is rightly and frequently condemned by all those

involved in development cooperation .

Community food aid is restricted to a small number of
essential foodstuffs ( mainly cereals, milk powder, sugar,
vegetable oil and leguminous vegetables ). These
foodstuff ^ are supplied in response to requests from
various humanitarian aid organizations, whose
programmes combine products from a number of donors .

With regard to the Honourable Member 's questions, the

Commission would like to emphasize the following :

1 . The nutritional value of the products supplied meets

the trading standards set by the Community . Suppliers
must comply with these . A network of five
independent monitoring agencies checks each delivery
at the silo or on manufacture, on loading, on
unloading and also often on arrival . Unfortunately,
the public is unaware of the way in which the distances
travelled by most food aid and the conditions under
which it is shipped can affect its quality . Bad storage
conditions on arrival are the most likely cause of
deterioration of the nutritional ^ alue of the

foodstuffs .

2 . Checking by the monitoring agencies is performed on

the basis of Community standards and the state of the

art .

3 . Without knowing which organization was in charge

of the operation at Melkaye or when it took place, the
Commission cannot answer this question, since it does
not itself distribute the aid . It relies instead on
humanitarian aid organizations which receive block
allocations for several destinations .

4 . See point 3 above . The Commission would
nevertheless like to stress that although donors are
aware of the need to supply balanced food aid, they
cannot be held responsible for very specific nutritional
deficiencies such as that described in the thesis .

WRITTEN QUESTION No 1418 / 92

by Mr Marco Pannella ( NI )
to the Commission of the European Communities

( 16 June 1992 )

( 92 / C 317 / 112 )

Subject : European Community policy towards the
crisis-ridden ex-Yugoslav Republic

Does the Commission not consider that the European
Community 's response towards the criminal activities of
the so-called ' Federal Army ' and the Serbian Government
as well as the so-called new Yugoslavia is cowardly and
immoral ?

No C 317 / 56 Official Journal of the European Communities 3 . 12 . 92

Answer given by Mr Matutes

on behalf of the Commission

( 15 July 1992 )

The Commission is deeply shocked by the escalation of
violence in Bosnia-Herzegovina, now subject to the

atrocities and sufferings of an unacceptable war
conducted mercilessly by the JNA and the Serbian militia .

In response to this dramatic situation, the international
community has made every effort to bring about an end to
hostilities, thus far without success, unfortunately .

In this context, Community foreign ministers meeting on

11 May found that the main responsibility for the
deteriorating situation in Bosnia-Herzegovina lay with
the Serbian authorities and the JNA under their control,
and decided to impose diplomatic sanctions .

Finding that the situation has worsened still further, the
Community and its - Member States decided to adopt
sanctions against Serbia at both Community and national
level in order to make it comply with the UN decisions .

The Commission hopes that this message will be heard in

Belgrade .

WRITTEN QUESTION No 1432 / 92

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

( 16 June 1992 )

( 92 / C 317 / 113 )

Subject : European subsidies for Schönberg ( Germany )

Can the Commission say whether the Schönberg rubbish
tip ( Ihlenberg Abfallgesellschaft mbH, Ihlenberg 1, 2441
Selmsdorf, Germany ) receives, has received or will receive
subsidies from the European Regional Fund, either
directly, or indirectly via the regional authorities, of
Mecklenburg - Western Pomerania ?

It is not envisaged, either by the Ministry for Trade and
Commerce of Mecklenburg-Vorpommern or by the
Ministry for Environment to give financial support to
rubbish tips .

WRITTEN QUESTION No 1447 / 92
by Mr Alonso Puerta and Mrs Teresa Domingo Segarra

( GUE )

to the Commission of the European Communities

( 16 June 1992 )

( 92 / C 317 / 114 )

Subject : Protection of the Saladares de Agua Amarga salt

marshes ( Alicante — Spain )

The project to construct a marina and a residential

development in the Saladares de Agua Amarga salt
marshes represents a serious ecological attack on the only
coastal area of Alicante not already built up . A study of
the environmental implications of this project,
commissioned by the local authorities of Alicante and
drawn up by a specialized team from the University of
Valencia, advises against the development in view of the

harmful effects it would have on the environment .

One of the main factors currently contributing to the
pollution of the Saladares de Agua Amarga is the disposal
of rubbish and chemical waste .

The Commission has the legal means to make
representations to the Spanish authorities to protect this
ecosystem of great ecological and environmental value .

What action can the Commission take to :

1 . put an end to the damage being done to the Saladares

de Agua Amarga, and

2 . Guarantee the protection and ecological rehabilitation

of this coastal wetland, one of the only natural spaces
left in the province of Alicante ?

Does Schönberg benefit from, or has it benefited from
other European funds or subsidies, either directly or
indirectly ?
Answer given by Mr Van Miert

on behalf of the Commission

( 15 September 1 992 )

Answer given by Mr Millan
on behalf of the Commission

(7 September 1992 )

Up to now the Schönberg rubbish tip ( Ihlenberger
Abfallentsorgungsgesellschaft mbH, Ihlenberg 1, 0-2441

Selmsdorf ) has not received any co-financing from the
European Regional Development Fund .

The construction of a marina of the kind proposed in the
Agua Amarga salt marshes in Spain is a project covered by
Annex II to Directive 85 / 337 / EEC .

Under Article 4 ( 2 ) of the Directive, the project should be
subjected to an environmental impact assessment if its
effects on the environment are regarded as significant .

3 . 12 . 92 Official Journal of the European Communities No C 317 / 57

The existence of an impact study highlighting the
detrimental environmental impact of the project should,
in the Commission 's opinion, make the competent
authorities think before authorizing any activity in this

area .

Should the Spanish authorities decide to ignore the
findings of the abovementioned study, the Commission
would like to be informed .

WRITTEN QUESTION No 1482 / 92

by Mr Petrus Cornelissen ( PPE )
to the Commission of the European Communities

( 16 June 1 992 )

( 92 / C 317 / 115 )

Subject : Service stations for road users

1 . Does the Commission agree that it is vital for traffic
safety to have a network of service stations with proper
facilities for road users on the main European routes ?

2 . Will the Commission say what facilities it considers
desirable for motorists and professional drivers ?

This requires action to promote the provision of
recreation and service areas and improvements in the
quality of the services offered to users, which should
include not only restaurants, toilets, service stations,
shops, and children 's amusements, but also video and
telecommunications facilities offering route guidance and
various reservation, banking and currency exchange
services .

Professional users ( e . g . truck, taxi and bus drivers )
should have access to specialized road transport centres
offering the services they need, such as accommodation,
vehicle maintenance, and communications links .

Intermodal transfer centres will enable not only road
users ( professional and private ) but other travellers to
rationalize and optimize transfers from one form of
transport to another .

All these points will be incorporated into the master plan
for traffic which the Commission proposes to draft . The
plan will be indicative, aimed at stimulating Member
States, and if necessary, Community institutions, to carry
out appropriate projects . Naturally such services should
be developed to the same degree and the same standard
on all sections of the major trans-European routes .

O COM(92 ) 231 final .

3 . How does the Commission envisage promoting the
setting up of such facilities and may we assume that this
subject, which is of particular importance for traffic safety
will be addressed in the Commission 's forthcoming White
WRITTEN QUESTION No 1487 / 92
Paper on European infrastructure ?

by Mr José Lafuente Lôpez ( PPE )

' to the Commission of the European Communities

( 16 June 1992 )

Answer given by Mr Van Miert ( 92 / C 317 / 116 )

on behalf of the Commission

(3 September 1992 )

Subject : Moratorium on the application in Spain of the

The Commission recently adopted a communication on
the creation of a trans-European road network ('). The
communication is based on the work of the Motorway
Working Group, which produced a report entitled
' Trans-European Networks : towards a master plan for
the road network and road traffic '. The Commission
approved the document and recommended it for special
consideration by the Community institutions .

The Commission proposes to develop a proper traffic
policy for the major trans-European routes .

One of the aims of the policy will be to curb congestion ;
another will be precisely to offer users an increased level
of services .

This means looking closely at road safety, traffic
management, and ways of optimizing travel time —
making the best possible use of time spent on the road .

EC Directive on pharmaceutical titles

The future looks uncertain for those of the 24 000

students of pharmacy at 10 Spanish universities who
started their courses in 1987 and are due to finish this
term whose curricula do not formally include a period of
supervised practical work .

Under a Community Directive of September 1985, a
six-month period of practical work in public pharmacies
or hospitals is an indispensable condition for qualifying .
With some exceptions, supervised periods of practical
work do not figure among the essential subjects on the

curriculum at Spanish universities, which would suggest
that the corresponding qualification will not be
recognized by the European Community .

To avoid such a distortion, the Spanish Government has

asked the Community for a two-year moratorium, to

No C 317 / 58 Official Journal of the European Communities 3 . 12.92

allow Spanish universities to incorporate such periods of
supervised practical work in their curricula .

Can the Commission state the Community 's position on
the moratorium requested by the Spanish Government
and say whether the qualifications awarded by vice
chancellors to students who have not fulfilled this

requirement of a period of practical work will be valid ?

Answer given by Mr Bangemann

on behalf of the Commission

(3 September 1992 )

The Commission has not received any request from the

Spanish Government for a two-year moratorium to
comply with Directive 85 / 432 / EEC (') as regards the
completion of a six-month period of practical work as
part of the training for pharmacists .

It would remind the Honourable Member that any
derogation from the time-limits specified in a particular
Directive requires the adoption of a new Directive by the
Council .

In the absence of any new directive amending Directive
85 / 432 / EEC, all diplomas awarded by Member States
must comply with that Directive and the Member States
are required to recognize only diplomas that satisfy the
criteria laid down in that same Directive .

which, in order to protect royalties, will add an average of

10% to the current price of photocopiers — may
discriminate against some EC consumers ( the Spanish ) in
relation to others with a lower tax or, indeed, no tax at all ?
Does the Commission consider that there should be a
uniform set of EC Regulations on the matter for all EC
consumers ? 

Answer given by Mr Bangemann

on behalf of the Commission

(3 August 1 992 )

The Commission is aware of the draft law amending
Spanish law No 22 of 11 November 1987 on intellectual
property, one purpose of which is to implement Article 25
of the said law, which deals with remuneration for the
reproduction for private use, using non-typographical
technical machines or instruments, of works published in
book form .

This matter is at present the responsibility of the Member

States . As a result, it is not for the Commission to give its
opinion on this draft law .

must comply with that Directive and the Member States In its communication of 17 January 1991 entitled
are required to recognize only diplomas that satisfy the ' Follow-up to the Green Paper ', (') the Commission
criteria laid down in that same Directive . indicated that it would undertake a study of the problems

raised by reprography and of possible solutions .
O OJNoL253, 24 . 9 . 1985 .

0 ) COM(9Q ) 584 final .

WRITTEN QUESTION No 1492 / 92

by Mr Carlos Robles Piquer ( PPE )

WRITTEN QUESTION No 1504 / 92

to the Commission of the European Communities WRITTEN QUESTION No 1504

( 16 June 1992 ) by Mrs Concepció Ferrer ( PPE )

( 16 June 1992 )

( 92 / C 317 / 117 ) to the Commission of the European Communities

( 16 June 1992 )

Subject : Spanish tax on photocopiers ( 92 / C 317 / 118 )

The announcement of the draft amendment to the

Spanish law on intellectual property has given rise to
widespread disputes among suppliers of photocopiers,
because it is planned to levy a tax on photocopiers payable
by consumers, which will apparently have retroactive
effect to 1 July 1989 .

The tax laid down in the abovementioned Spanish draft

law will be much higher than in other EC Member States
with a similar tax . According to the plan, it will, in fact, be
three times the German tax and ten times the French tax .

In view of the above, what are the Commission 's views on
the legitimacy of the Spanish draft law in question, in the
light of Community law, and on the fact that this tax —

Subject : Distribution of funds in the ' Interreg '
Community programme

Interreg, the Community programme for border areas
adopted by the Commission in 1990, has a budgetary
allocation of Ecu 800 million for the period 1990 — 1993 .

How have these funds been distributed since that date ?

In particular, what proportion of the funds has been
allocated to specific programmes intended to alleviate the
effects of the abolition of internal borders on 1 January

1993, and in which areas ?

3 . 12 . 92 Official Journal of the European Communities No C 317 / 59

Answer given by Mr Millan
on behalf of the Commission

(4 September 1992 )

The table below shows the Community contribution to

the 28 Interreg operational programmes which had been
adopted by 16 June 1992 . It also shows the anticipated
contribution to the three programmes which remained to
be approved .

It is not possible from the information available to the
Commission to distinguish expenditure intended
specifically to mitigate the effects in border regions of the
completion of the internal market . The Commission has
however asked all Member States to pay particular
attention to this priority .

Interreg Programme :
agreed Community contributions

( 1991 : in million Ecu )

Spain / Portugal 385

Greece 22 7

Ireland / Northern Ireland 76

France / Italy : Alps, Corsica / Sardinia 24,20
France / Belgium : Nord-Pas de Calais / Flanders,

Nord-Pas de Calais / Wallonia,
Champagne-Ardennes / Wallonia 13, 15,6
France / Germany : Pamina ( Nord Upper Rhine ),

Centre-South Upper Rhine 4, 9

France / United Kingdom 21

France / Switzerland : Rhone-Alpes, Franche-Comte 2,3

Belgium / Netherlands : Middengebied, Scheidemond 11,4

Belgium / Netherlands / Germany : ( Euregio

Meuse-Rhine ) 22

Netherlands / Germany : ( Euregio ( Rijn / Ems / Ijssel ),

Ems-Dollart Regio, Regio
Rijn Waal, Grensregio Rijn
Maas Nord 10, 12,3,3

Denmark / Germany
Denmark ( Bornholm ) 5, 2

Italy / Slovenia 2

Italy / Austria 4

Italy / Switzerland 9

Germany / Luxembourg 4

Germany ( Bavaria ) 14

Germany ( Baden-Wurttemberg ) 2

France / Spain 29 O

France / Belgium / Luxembourg ( European

Development Pole ) 18 O
France / Germany : Lorraine / Saarland / Westpfalz 9 O

(*) Note these figures are estimates only . The programmes concerned

have not yet been approved .

WRITTEN QUESTION No 1555 / 92

by Mrs Martine Lehideux ( DR )
to the Commission of the European Communities

( 16 June 1 992 )

( 92 / C 317 / 119 )

Subject : Emergency humanitarian aid to the people of

Iraq

In view of the fact that the Kurds are not the only people
in Iraq suffering as a result of the Gulf war, and in
particular since there is widespread indifference to the
fact that a million Iraqi children are suffering from
malnutrition, thousands have already died of starvation
and tens of thousands more are facing the same fate, the
continued imposition of a blockade risks amounting to
nothing more or less than act of genocide against Iraq 's
children .

Does not the Commission consider it essential that the
Member States of the EC lift the blockade immediately
and send convoys of medicines and food in order to save
tens of thousands of innocent lives ?

Answer given by Mr Matutes

on behalf of the Commission

( 9 September 1 992 )

The Community shares the deep concern expressed by the

Honourable Member over the fate of the civilian
population in Iraq and in particular the plight of children .
It has repeatedly called upon Iraq to cease its repression
and end the economic blockade against the civilian
population in the North . The Iraqi regime carries
responsibility for the deterioration in the humanitarian
situation in the region . Iraq has not yet implemented
Security Council Resolution 706 and 712 which are
mandatory and establish a mechanism for Iraq to export
oil to finance the purchase of essential humanitarian
supplies to relieve suffering throughout Iraq . The
Community continues to stress the need for an early and
effective implementation of this mechanism . It hopes that
talks between the Iraqi government and UN officials will
lead to its implementation soon .

The Community fully supports the United Nations

inter-agency programme for the region, and significant
cash and in-kind contributions have been made, both at
Community and national levels . The UN agencies
involved have a clear understanding of the humanitarian
situation in the field, and the UN guard force of 500 men
is playing an important role in ensuring the safety of the
population and of UN personnel . The Community
considers that the most effective way to help the civilian
population is by acting in close cooperation with the UN
effort .

Within the framework of the UN action programme, the

Community is continuing to give aid, which while
primarily directed to the Kurds, has benefited all the Iraqi populations .

No C 317 / 60 Official Journal of the European Communities 3 . 12.92

The Community has also repeatedly called on the Iraqi
authorities to comply fully with the provisions of Security
Council Resolution 688, which demands an end to the
repression of Iraqi civilians, and to cooperate with the
humanitarian relief programme of the United Nations .
The Community has also underlined the importance they

attach to the full respect of human rights of all Iraqi
citizens .

The Community has kept these issues under constant
review and remains open to further actions in this area .

WRITTEN QUESTION No 1565 / 92
by Mr Jaak Vandemeulebroucke ( ARC )
to the Commission of the European Communities

( 16 June 1992 )

( 92 / C 317 / 120 )

Subject : Fisheries inspection vessel

It emerges from Written Question No 1773 / 91 (') that
the Commission chartered a fisheries inspection vessel for
seven months in 1991 for operations in the North-West
Atlantic .

1 . What was the vessel 's country of registration ? Did

Belgian shipowners pr^ss for the charter ? How was
the vessel selected ?

2 . With what duties are Commission inspectors
entrusted for these operations ? What is the legislative
basis for empowering the Commission 's inspectors to
carry out duties outside the Community ?

3 . Did the countries with the largest operational fishing
fleets in the North-West Atlantic, i . e . Spain and
Portugal, send fisheries inspection vessels to the area
in 1991 ?

4 . A recent Commission report on monitoring
application of the common fisheries policy makes
reference to major shortcomings in the Member
States . In view of this, would it not have been better to
deploy the Commission inspectors in the Member
States instead of sending them to the North-West
Atlantic for seven months ? Cannot fisheries
inspection duties in that area be left entirely to the
Member States concerned ?

by Mr Gordon Adam ( S )
to the Commission of the European Communities

Journal of the European Communities No S 230 of 23 . 11 .

1990 .

Seven tenders for the charter were received . None of
those were from Belgian firms or organizations .

The chartered inspection vessel was under the German
flag .

2 . The Commission 's Fisheries Inspectors carry out
inspection on board fishing vessels flying the flag of any
Contracting Party of the Northwest Atlantic Fisheries
Organization ( NAFO ) in the NAFO Regulatory . Area
under the Scheme of Joint International Inspection and
Surveillance, which was adopted by Council Regulation
( EEC ) No 1956 / 88 ('), as amended by Council
Regulation ( EEC ) No 436 / 92 ( 2 ).

3 . In addition to chartering inspection vessels itself the
Commission each year invites Member States to provide
inspection vessels for undertaking voyages of inspection
in the NAFO Regulatory Area .

In reply to these invitations, the following Member States
have provided inspection vessels, manned by Commission
and national inspectors :

1988 Germany ; 1989 Portugal ; 1990 Ireland ; 1991
Germany .

4 . With effect from 9 June 1988 the Community has
been party to the NAFO Scheme of Joint International
Inspection and Surveillance . The Commission has acted
for the Community as the Contracting Party to NAFO
since 1978, on behalf of the Member States .

With about 100 of its bigger vessels fishing in the NAFO
Regulatory Area each year the Community has a
substantial interest in conservation and control in the
zone and a responsibility under the Scheme to carry out
inspections .

O OJ No L 175, 6 . 7 . 1988 .
O OJ No L 54, 28 . 2 . 1992 .

WRITTEN QUESTION No 1573 / 92

O OJ No C 66, 16 . 3 . 1992, p. 35 .
( 16 June 1992 )

Answer given by Mr Marin
on behalf of the Commission

(4 September 1992 )

1 . The inspection vessel was chartered following a
public tender published in the Supplement to the Official

( 92 / C 317 / 121 )

Subject : The relative importance of commercial fishing

vis-a-vis recreational fishing

According to paragraph 2 of Section 8.2.1.1 ( p. 76 ) of the
recent Commission CFP review document ( SEC(91 )
2288 ), ' commercial fishing takes precedence over sport or

3 . 12 . 92 Official Journal of the European Communities No C 317 / 61

recreational fishing '. Does any legislation exist to support
this statement ? If so, could the Commission kindly
provide the author with the appropriate references ?

Answer given by Mr Marin
on behalf of the Commission

(7 August 1992 )

In its report on the common fisheries policy, the
Commission, noting that one of the main features of this
sector in the Community was overfishing which
threatened certain fish stocks and hence the future of
those fisheries, set out a number of guidelines for the
more rational exploitation of these resources .

The Commission considered that these should include the
place of sport or recreational fishing in order to improve
and so strengthen regulation of access to waters, and
hence to resources . With this end in mind, the
Commission stated that, while commercial fishing should
take precedence over recreational and sport fishing, this
should happen without causing conflict in order to ensure
freedom of choice .

Although sport and recreational fishing are covered by
the common fisheries policy, the Commission can confirm
that non-commercial fishing is governed by national
regulations and that so far no Community legislation has
been enacted .

WRITTEN QUESTION No 1575 / 92

by Mr Gordon Adam ( S )
to the Commission of the European Communities

( 16 June 1992 )

( 92 / C 317 / 122 )

Subject : The ' Shetland Box ' arrangement ( Common
Fisheries Policy )

Can the Commission confirm that extension of the
existing Shetland Box arrangement,- or replication of such
a system elsewhere in Community waters will only take
place on the basis of objective scientific and economic
studies of the region(s ) concerned ?

Answer given by Mr Marin
on behalf of the Commission

( 10 August 1992 )

In its report on the common fisheries policy to the
Council and Parliament (') the Commission states that the

practice of delimiting zones that are biologically sensitive
because of the way in which they are exploited has not
been adequately utilized despite the numerojus advantages
offered by this method of managing fishing effort .

Accordingly, in its guidelines for an overhaul of the
fisheries policy the Commission puts forward the idea of
developing the use in Community waters of zones where
fishing activity would be subject to specific restrictions
and vessels would have to notify in real time their entries
and exits from the zone to the authority responsible for its
surveillance .

O SEC(92 ) 2288 final .

WRITTEN QUESTION No 1576 / 92

by Mr Gordon Adam ( S )
to the Commission of the European Communities

( 16 June 1992 ) .

( 92 / C 317 / 123 )

Subject : The ' Shetland Box ' arrangement ( Common
Fisheries Policy )

Article 7 ( 1 ) of Council Regulation ( EEC ) No 170 / 83 ( x )
states the following :

For species of special importance in the region referred
to in Annex 11(A ) which are biologically sensitive
because of their exploitation characteristics, fishing
activities will be governed by a licensing system
managed by the Commission on behalf of the
Community .

Can the Commission confirm that sufficient scientific
evidence exists to support the claim that the species
mentioned in the article above are in fact ' biologically
sensitive ' etc . in the region concerned ? If so, could the
Commission provide the author with the appropriate
references ?

(') OJ No L 24, 27 . 1 . 1983, p. 1 .

Answer given by Mr Marin
on behalf of the Commission

(3 August 1 992 )

The species referred to, as mentioned in Annex II to

Council Regulation ( EEC ) No 170 / 83, are ' demersal
species except Norway pout and blue whiting '.

No C 317 / 62 Official Journal of the European Communities 3 . 12 . 92

Since the time when the regulation was adopted, all
demersal species present in the Shetland area for which
firm scientific evidence has been available, have been
heavily overfished . Specific references can easily be found
in the reports of the ICES Advisory Committee for
Fisheries Management ( ACFM ), which are published
annually in the ' ICES Cooperative Research Report '
series .

WRITTEN QUESTION No 1586 / 92

by Mrs Brigitte Ernst de la Graete ( V )
to the Commission of the European Communities

( 16 June 1992 )

( 92 / C 317 / 124 )

Subject : EIB loan for a hotel in Grenada under Lomé IV

What percentage of the capital is owned by local
businesses or partners and what percentage by foreign —
especially European — businesses and partners ?

What procedures does the EIB use to assess the impact on
the environment ? Are there any ' guidelines '?

Answer given by Mr Christophersen

on behalf of the Commission

( 7 September 1 992 )

1 . The shareholders of the resort Hotel / Liberty Club
in Grenada are the following :

Local Pointe Salines Development Ltd 55%
shareholders Grenade Development Bank 8%

Regional The Resort Management Company 7%
shareholders Caribbean Financial Services Corp . 5%
Colonial Life Insurance Company 10%

European Commonwealth Development l
shareholders Corporation 15%

WRITTEN QUESTION No 1592 / 92
by Mr Jaak Vandemeulebroucke ( ARC )
to the Commission of the European Communities

( 16 June 1992 )

( 92 / C 317 / 125 )

Subject : Regional impact of the Channel tunnel

I understand that a study of the ' regional impact of the
Channel tunnel ' was commissioned preparatory to the
drafting of ' Europe 2000 '.

Has this study been completed ?

If so, can the Commission make it available to the public ?
To what extent was this study taken into account in

drawing up ' Europe 2000 '?

If not, how does the Commission now intend to include
the results of the study in ' Europe 2000 '?

Answer given by Mr Millan
on behalf of the Commission

( 10 September 1992 )

As part of its ' Europe 2000 ' research programme, the
Commission carried out a study of the regional impact of
the Channel tunnel .

The study has just been completed by the joint French,

German and United Kingdom team given responsibility
for it . It has identified the consequences that the coming
into operation of the tunnel will have on thirteen sample
regions and evaluates its overall impact, using an
appropriate model .

The conclusions available in July 1991 were incorporated

into the Europe 2000 document submitted at the meeting
of the competent Ministers which took place in
November in the Hague during the Dutch presidency .
The overall results of the study will be submitted to the

Member States at the next meeting of the Committee on
Spatial Development . The final version of the study will
receive wide circulation .

WRITTEN QUESTION No 1604 / 92

by Mr Gerd Miiller ( PPE )
to the Commission of the European Communities

2 . For assessing the environmental impact, the EIB to the Commission of the
follows the EEC Directive 85 / 337 / EEC ('). The ( 24 June 1992 )
guidelines contained in this Directive are applied by the ( 92 / C 317 / 126 )
EIB for projects located inside as well as outside the
Community .

( 92 / C 317 / 126 )

O QJN0LI75, 5 . 7 . 1985 .

Subject : Increase in fuel tax on diesel oil and reduction of

vehicle tax in the Netherlands

1 . Is the Commission aware that, for the purposes of
harmonizing fuel tax on diesel oil the Netherlands

3 . 12 . 92 Official Journal of the European Communities No C 317 / 63

Government has increased the rate from Fl 0,07 to F1 0,48
and, at the same time, decided on a reduction in vehicle
tax as of 1 September 1991 ?

2 . This indicates a parallel to the introduction of a road
tax for lorries in Germany accompanied by a reduction in
vehicle tax .

The Commission took the view that this combined
measure by the German authorities infringed the
' standstill ' provisions of Article 76 of the EEC Treaty and
instituted proceedings before the European Court of
Justice ( Judgment of 19 May 1992 ).

Will the Commission also institute proceedings against
the Netherlands Government for infringement of the
Treaty ?

Answer given by Mr Van Miert

on behalf of the Commission

( 7 September 1 992 )

Information concerning the action described in the
Honourable Member 's written question has just reached
the Commission .

An inquiry has been opened to establish the accuracy of
that information and, if appropriate, to determine
whether or not the steps taken by the government of the

Netherlands are compatible with Community legislation .

The Commission will inform the Honourable Member of
the results of its investigation as soon as possible . If the
investigation reveals that the terms of the Treaty have not
been complied with, infringement proceedings will be
opened .

WRITTEN QUESTION No 1609 / 92

by Mr Yves Verwaerde ( LDR )
to the Commission of the European Communities

( 24 June 1992 )

( 92 / C 317 / 127 )

Subject : Commission General Inspectorate

What publicity will be given to the reports by the

Commission 's newly created General Inspectorate ?

Will Parliament be kept informed of the conclusions of
these reports ?

Answer given by Mr Delors
on behalf of the Commission

(4 September 1992 )

The Inspectorate-General was set up on 24 July 1991
when the Commission approved a memorandum from its
President in agreement with Mr Cardoso e Cunha and Mr
Schmidhuber .

The purpose of the Inspectorate-General is to provide the

President of the Commission, to whom it reports, with
facts about the performance of Commission departments
which enable a proper assessment to be made of the
relation between the resources used and the results

obtained .

The Inspectorate-General is an internal Commission
monitoring body designed as a back-up for the growing
management responsibilities of Commission departments
and as a response to the needs of a new monitoring and
assessment approach .

Unlike external control bodies, the Inspectorate-General,
as an internal control body, classifies its inspection
reports and its annual report as ' confidential documents '
intended, as a rule, for exclusively internal use .

It is for the President to decide, on a case-by-case basis,
whether these documents should be circulated outside .

WRITTEN QUESTION No 1622 / 92

by Mr Sérgio Ribeiro ( CG )
to the Commission of the European Communities

( 24 June 1 992 )

( 92 / C 317 / 12 «)

Subject : Monitoring and sanctions in the field of social

legislation

Child labour is still rife in Portugal and has led to
seminars and conferences being held to denounce and
combat this phenomenon .

According to official statistics supplied by the Labour

Inspectorate, the delayed payment of wages, a typically
Portuguese problem, is becoming increasingly
widespread .

In view of these trend and the situation in other Member
States, should the Commission not, following the
example of monitoring mechanisms and sanctions to
enforce nominal convergence criteria, consider and
propose monitoring and sanctions to enforce real
convergence, according to the criteria established by the
social directives, the Social Charter and the ILO
Conventions ?

No C 317 / 64 Official Journal of the European Communities 3 . 12 . 92

Answer given by Mrs Papandreou

on behalf of the Commission

( 7 September 1 992 )

The Commission is concerned about the issue of delayed
payment or non-payment of wages . It said in its draft
opinion on an equitable wage that the Member States
should take all the necessary measures to ensure that
wages agreed on in employment contracts should be
effectively and fully paid . However, the Commission
takes the view that the problems raised by the Honourable
Member are above all matters for the Member States . It
therefore has no intention of proposing binding legal
instruments in this field .

As regards the issue of the protection of young people at
work, a recent Commission proposal to the Council reads

as follows : Article 14 — Sanctions : Each Member State
shall determine the penalties to be imposed in the event of
failure to comply with the measures adopted to give effect
to this Directive : such penalties must be effective,
proportionate and dissuasive .

WRITTEN QUESTION No 1713 / 92

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

(1 July 1992 )

( 92 / C 317 / 129 )

\

Subject : Problems caused by drought in southern Africa

According to recent UN reports, the people of southern
Africa are facing very serious problems and their lives are

at risk . In fact, around 18 million people are under
immediate threat from famine and 180 million others are
suffering directly or indirectly from the drought, which is
thought to be the worst this century .

How does the Commission intend to respond to the
appeals for aid from these countries ?

WRITTEN QUESTION No 1743 / 92

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

(1 July 1992 )

( 92 / C 317 / 130 )

farmers to poverty and the local population, driven by
despair is leaving the affected region en masse . The most
vulnerable country in the region is Mozambique where
people are already dying of hunger and thirst, but Angola,
Botswana, Lesotho, Malawi, Namibia, Swaziland,
Tanzania, Zambia and Zimbabwe are also facing
starvation and social chaos . Does the Commission intend
to call for a drastic increase in the aid, and notably the
food aid, granted by the Community to the countries of
southern Africa so as to save human lives and to avert

social and economic chaos in the ten countries referred to

above ?

Joint answer to Written Questions Nos 1713 / 92 and

1743 / 92

given by Mr Marin
on behalf of the Commission

(4 September 1992 )

\

The Commission was made aware at the beginning of this
year that the drought which had affected parts of
southern Africa would spread and threaten harvests in
virtually all the countries of the region . When this
prediction came true, and considering the equally serious
situation in the Horn of Africa and other parts of the
world, the Commission proposed a Special Food Aid

Programme for those in the countries in greatest danger .
The Programme provides for additional deliveries of

800 000 tonnes of cereals equivalent to those countries in

1992 . It was adopted by the Council and Parliament in
mid-May, and is currently being implemented .

Under the Special Programme, the countries of southern
Africa have been allocated 371 500 tonnes of cereals
equivalent . To this should be added the 410 000 tonnes
allocated under the programmes of conventional food aid
for 1991 and 1992 . Total deliveries to the countries

concerned will be 781 500 tonnes in 1992 .

A copy of the Commission Decision concerning the
Special Programme, with a country-by-country
breakdown of deliveries and details of the preparation
and implementation of the Programme, will be forwarded
directly to the Honourable Members and to Parliament 's
Secretariat .

WRITTEN QUESTION No 1766 / 92

by Mr Gabriele Sboarina ( PPE )
to the Commission of the European Communities

(2 July 1992 )

Subject : Tragedy unfolding in southern Africa
( 92 / C 317 / 131 )

A tragedy of awe-inspiring dimensions is currently
unfolding in southern Africa . According to the United
Nations, 18 million people are facing starvation and a
further 180 are suffering from the effects of what is
perhaps the worst drought of the century . In ten countries
the drought has made major rivers run dry and reduced

Subject : Uniform standards for electrical installations

What steps will the Commission take to harmonize

standards for electrical installations in the Community, in
particular electrical sockets ?

3 . 12 . 92 Official Journal of the European Communities No C 317 / 65

Is the Commission aware that the European Committee
for Electrotechnical Standardization ( Cenelec ) has
forwarded to the National Technical Committees a
questionnaire, from which it emerges that eight countries
out of 12 have come out in favour of harmonization on
the basis of the general safety criteria set out in document
IEC 884-1 ' Plugs and sockets for domestic and similar
use ' and, as regards size, document IEC 906-1 ' Plugs and
sockets for domestic and similar use '?

Is the Commission aware that, for the purposes of
harmonization, these sockets are compatible in design
( and therefore in safety and protection standards ) with
' 2,5A, 250V Europlugs ' which were adopted by Cenelec,
as stated in point 3 of the answer to Written Question
No 2310 / 90 ('), and that the technical conditions for the
harmonization of standards therefore exist ?

Is it aware that, despite this, several moves have been
made which run counter to the objective of
harmonization, in an attempt to impose a different
standard used in one particular Member State and the
conditions for harmonization in this area are clearly not
being met by certain Cenelec technical publications ?

The 2,5 A / 250 V Europlug as described in the Cenelec
standard EN 50075 referred to by the Honourable
Member does indeed constitute a major step towards a
uniform European system . This plug is used for a wide
range of category II appliances which are not earthed . It is
now important to find a technical solution for all
electrical equipment connected to the networks .

The Commission is aware that various circles have

expressed reservations of both a technical and economic
nature about harmonization in this area . It has taken note
of publications effectively opposing the desired
harmonization . The Commission does not fully share the
reservations of some experts nor the conclusions of these
publications .

WRITTEN QUESTION No 1786 / 92
by Mr Enrique Sapena Granell, Mr José Vázquez Fouz,
Mrs María Izquierdo Rojo and Mr Pedro Bofill Abeilhe ( S )

to the Commission of the European Communities

(2 July 1992 )

( 92 / C 317 / 132 )
o OJ No C 315, 5 . 12 . 1991, p. 1 .

Subject : Danger to the ecological balance of the
Mediterranean resulting from the proliferation
of tropical algae

Answer given by Mr Bangemann

on behalf of the Commission

( 11 September 1 992 )

This is a matter of particular interest to the Commission,
which has urged the European standardization bodies to
speed up the process of harmonizing plugs and sockets
for domestic use . Although it has not been possible to
settle the matter by harmonizing national legislation,
considerable progress has been made towards
standardization in Europe . The Commission intends to
continue working for a solution along this road .

The Commission is aware that Cenelec is conducting a
survey of the national committees regarding the
possibility of harmonizing plugs and sockets for domestic
use, as regards size, on the basis of document IEC 906-1 .

In view of the preference of most of its members for the
international system, and in conjunction with the work on
general safety requirements based on work already
carried out at international level, the General Assembly of
Cenelec decided at its meeting in May 1992 to speed up
standardization work in order to achieve a single system
guaranteeing a very high standard of safety . An initial
report should be available in December 1992 for thorough
discussion in Cenelec 's technical bureau .

A species of marine algae ( Caulerpa Taxifolia ), which
until now has reproduced only in warm waters such as the
Pacific or the Red Sea, is spreading through the
Mediterranean with alarming rapidity and is likely to
cause an irreversible disruption of its ecological balance .

Certain scientists maintain that the potential impact of the
spread of these algae will be much worse than that of an
oil slick, since once it begins to develop nothing can halt
its progress .

Can the Commission confirm this alarming information ?
What impact could proliferation of these algae have on
the balance of marine biology in this area ? Where are the
worst problems arising ?

r
What steps will the Commission take in response to the
situation ?

Answer given by Mr Van Miert

on behalf of the Commission

( 17 September 1992 )

The Honourable Members are referred to the answer

given by the Commission to Written Question
No 1 1 18 / 92 by Mr Robles Piquer (').

( l ) OJNoC 289, 5 . 11 . 1992, p. 42 .

No C 317 / 66 Official Journal of the European Communities 3 . 12 . 92

QUESTION No 1 860 / 92 Whether the goods are released for free circulation at

Poettering ( PPE ) their final destination first point of is even entry now into a the matter Community for each or economic at their
of the European Communities operator, working within the guidelines of the Single

( 23 July 1992 ) Market . There is therefore no reason to suppose that

( 92 / C 317 / 133 ) some customs offices will become overloaded .

WRITTEN QUESTION No 1 860 / 92

by . Mr Hans-Gert Poettering ( PPE )
to the Commission of the European Communities

( 23 July 1992 )

Subject : Transport of goods from non-Community
countries in the internal market

What procedures is the Commission proposing for the
customs and tax clearance of goods from non ­
Community countries in the internal market ? Will they be
transported to their destination as goods in free
circulation or will they be transported under external
transit procedure from the first customs office to the
customs office at their destination and cleared there or

does the Commission think that an internal transit

procedure is necessary ?

Does the Commission think that procedures that do not
provide for clearance at the first customs office are
compatible with the requirements of the Single Market ? Is
there not reason to fear that clearance at the first customs
office will constitute an untypical operation in the
movement of goods and thus lead to an excessive
workload for some customs offices ?

Answer given by Mrs Scrivener

on behalf of the Commission

(4 September 1992 )

Goods definitively imported from a non-member country
can be released for free circulation at their first point of
entry into the Community on completion of import
formalities and the levy of the customs duties . They are
then said to have the customs status of Community goods .

Such goods can then circulate freely until they reach their
final destination and Community transit rules do not
therefore apply .

If goods are not released for free circulation on arrival
into the Community, they must be placed under customs
surveillance at their point of entry . In such cases, the
goods must circulate under Community transit rules until
they reach the place where they will go through the
formalities for release for free circulation or for dispatch
to another customs point ( external procedure : Tl ).

In both of the above cases, release for free circulation for
customs purposes takes place at the same time as entry for
consumption for tax purposes .

WRITTEN QUESTION No 1934 / 92

by Mr Sotiris Kostopoulos ( NI )
to the Council of the European Communities

( 23 July 1992 )

( 92 / C 317 / 134 )

Subject : Forest fires

Given that forest fires constitute one of the most serious
and pressing ecological problems facing Member States
and often have economic repercussions which necessitate
Community intervention, does the Council intend to
approve measures to foster assistance and cooperation
between the countries most affected by this phenomenon,
particularly in the Mediterranean ?

Answer

( 30 October 1992 )

The Council is aware of the serious ecological and

socio-economic problems facing the areas under threat
from forest fires, in particular in the southern part of the
Community, and has adopted extensive legislation
designed to introduce joint schemes for the protection of
forests and to supplement the policies pursued on a
national level in this sphere .

In recent years the Community has thus financed
fire-prevention measures, notably under Regulation
( EEC ) No 3529 / 86 (') on protection of the Community 's
forests against fire, and in connection with regional and
rural development .

As the scheme covered by Regulation ( EEC ) No 3529 / 86
expired at the end of 1991, the Council, when adopting
Council Regulation ( EEC ) No 2158 / 92 ( 2 ) at its meeting
on 13 and 14 July 1992, decided on an extension of the
scheme for a five-year period ( until the end of 1996 ),
coupled with a thorough revision, the aim being to :

— concentrate Community efforts primarily on areas of

high fire risk ;

3 . 12 . 92 Official Journal of the European Communities No C 317 / 67

— boost measures for the analysis of the causes of forest

fires, and for prevention and surveillance in
connection with zonal plans ;

— develop a forest-information system .

The budget deemed necessary for this measure has been
set at ECU 70 million, spread over five years .

Moreover, the Council recognizes the importance of
cooperation between the countries most affected by fires .
In this connection it instructed the Standing Forestry
Committee to ensure close co-operation between Member
States and the Commission with a view, in particular, to
facilitating the implementation of the measures
contemplated .

(') OJNoL326, 21 . 11 . 1986, p . 5 .
O OJNoL217, 31.7 . 1992, p . 3 .

WRITTEN QUESTION No 2001 / 92

by Mr Alex Smith " ( S )
to the Commission of the European Communities

( 1 September 1 992 )

( 92 / C 317 / 135 )

Subject : Alleged Euratom involvement in Iraq nuclear

programme

Pursuant to the reply to Written Question No 426 / 92 ('),
had the Commission investigated the allegations of
Euratom involvement in support of Iraq 's military nuclear
programme, made in the Times newspaper in October

1991, prior to deciding that it had no reason to believe
that such support took place ?

O OJ No C 235, 14 . 9 . 1992, p. 49 .

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 7 October 1 992 )

Yes .

WRITTEN QUESTION No 2012 / 92

by Mr Alex Smith ( S )
to the Council of the European Communities

( 1 September 1 992 )

( 92 / C 317 / 136 )

Subject : Non-compliance with environmental Directives

Has the Council considered the degree of equity across
Member States adopted by the Commission in its
decisions to prosecute Member States over
non-compliance with certain environmental Directives ?

Answer

( 30 October 1992 )

As the Honourable Member well knows, it is the
Commission which monitors the Member States '
application of Community law and thus the Commission
which is responsible for specifying the details of its action

in that respect .