Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

##### C 190
# Official Journal

Volume 38
### of the European Communities 24 July 1995

Volume 38

24 July 1995

Information and Notices
English edition

Notice No Contents Pagt .

I Information

European Parliament

Written Questions with answer

95 / C 190 / 01

E-2264 / 94 by Joan Vallvé to the Commission
Subject : European Union fruit and vegetable sector and the forthcoming Euro-Maghreb Treaty 1

95 / C 190 / 02 E-2357 / 94 by Christine Oddy to the Commission

Subject : Common market in mushrooms 1

95 / C 190 / 03 E-2897 / 94 by Caroline Jackson to the Commission
Subject : Foreign language schools in Greece 2

95 / C 190 / 04

E-2906 / 94 by Florus Wijsenbeek to the Commission
Subject : Insurance of lorries against theft 2

95 / C 190 / 05 E-49 / 95 by Glyn Ford to the Commission
Subject : Tax on beer 3

95 / C 1 90 / 06 E-85 / 95 by Cristiana Muscardini to the Commission
Subject : Freedom of establishment for surveyors 4

95 / C 190 / 07 E-92 / 95 by Jean Gol to the Commission
Subject : Barriers to the free movement of goods — obstacles to the import into France of trailers
manufactured in Belgium 4

95 / C 190 / 08 E - 106 / 95 by Ian White to the Commission
Subject : Car insurance 5

95 / C 190 / 09 E-l 33 / 95 by Michl Ebner to the Commission
Subject : Excise duty on beer and wine 6

EN

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E-3 14 / 95 by Amedeo Amadeo, Spalato Belleré and Marco Cellai to the Commission
Subject : Excise duty on wine

Joint answer to Written Questions E-133 / 95 and E-314 / 95

E-297 / 95 by Amedeo Amadeo to the Commission
Subject : Need to update EEC industrial conversion objectives

E-322 / 95 by Glyn Ford to the Commission
Subject : Levying of VAT and duty on gifts by mail

E-337 / 95 by Werner Langen to the Commission
Subject : Forced sale of property in Ireland

E-343 / 95 by Mary Banotti to the Commission
Subject : Protection of fossils and geological heritage

E-355 / 95 by Jose Girão Pereira to the Commission
Subject : Community aid to multinationals operating in Portugal

E-3 89 / 95 by Kirsten Jensen to the Commission
Subject : Pesticides Directive

P-416 / 95 by Christine Oddy to the Commission
Subject : MTV complaint

E-426 / 95 by Richard Balfe and Shaun Spiers to the Commission

Subject : Celebration of the millennium

P-436 / 95 by Giovanni Burtone to the Commission
Subject : Funding of health facilities under the Structural Funds

P-439 / 95 by Friedrich-Wilhelm Graefe zu Baringdorf to the Commission
Subject : Call for proposals ( 94 / C 368 / 11 ) in respect of Regulation ( EC ) No 1467 / 94

E-460 / 95 by Yvan Blot to the Commission
Subject : Statement by Jacques Santer, President of the Commission

E-468 / 95 by Alexander Langer and Heidi Hautala to the Commission
Subject : Construction of a landing strip on the island of Gozo

E-472 / 95 by Carmen Fraga Estévez to the Commission
Subject : Veterinary checks on animal products from third countries

P-477 / 95 by Giorgio La Malfa to the Commission
Subject : Revision of Regulation ( EC ) No 1626 / 94 — Fishing in the Adriatic

E-493 / 95 by Mihail Papayannakis to the Commission
Subject : The responsibility of the Commission towards its employees

E-494 / 95 by Gipo Farassino to the Commission
Subject : Regionalization of compulsory distillation of table wine

E-5 14 / 95 by Stephen Hughes to the Commission
Subject : Intra-Community travel

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95 / C 190 / 28 P-523 / 95 by Richard Howitt to the Commission
Subject : Article 36 — export of calves from the UK 15

95 / C 190 / 29 E-534 / 95 by Joan Colom i Naval, Juan Fabra Vallés, Concepció Ferrer, Carles-Alfred
Gasòliba i Böhm, Antonio Guriérrez Díaz, Anna Terrón i Cusí and Joan Vallvé to the
Commission

Subject : Support for hazelnut production in the Community 16

95 / C 190 / 30

P-547 / 95 by Honório Novo to the Commission
Subject : Portuguese applications for assistance under the Urban initiative 16

95 / C 190 / 31 E-561 / 95 by Lilli Gyldenkilde to the Commission

Subject : Discharge of chlorine 17

95 / C 190 / 32 E-562 / 95 by Willi Rothley to the Commission
Subject : EEIG 18

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E-571 / 95 by Giacomo Leopardi to the Commission
Subject : Pollution of sea water by animal manure 18

E-5 95 / 95 by Hugh McMahon to the Commission
Subject : Equal opportunities in the Commission 19

P-638 / 95 by James Nicholson to the Commission
Subject : Illegal State aids to French pig producers 19

E - 656 / 95 by Ivar Virgin to the Commission
Subject : Reduction of carbon dioxide emissions 20

E-657 / 95 by Carlos Robles Piquer to the Commission
Subject : Withdrawal of Spanish oranges from the cafeteria of the Senate of the Italian
Republic 20

E - 659 / 95 by Carlos Robles Piquer to the Commission
Subject : National contributions to Community prospective technology 21

E-726 / 95 by Maria Izquierdo Rojo to the Commission
Subject : European aid to the Euro-Arab School of Administration in Granada 21

E-733 / 95 by Amedeo Amadeo to the Commission
Subject : Potential of the Community 's audiovisual industry 22

E-740 / 95 by Frederik Willockx to the Commission
Subject : Consumer protection in respect of electronic means of payment 22

E-758 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Protection of live animals during transport 23

P-790 / 95 by Nikitas Kaklamanis to the Commission
Subject : Sea transport of Community food aid 24

E-791 / 95 by Freddy Blak and Niels Sindal to the Commission

Subject : Professional football 25

95 / C 190 / 45 E-792 / 95 by Freddy Blak and Niels Sindal to the Commission
Subject : Professional football 25

EN

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E-793 / 95 by Freddy Blak and Niels Sindal to the Commission
Subject : Professional football

E-794 / 95 by Freddy Blak and Niels Sindal to the Commission
Subject : Professional football

E-795 / 95 by Freddy Blak and Niels Sindal to the Commission
Subject : Professional football

E-7 96 / 95 by Freddy Blak and Niels Sindal to the Commission
Subject : Professional football

E-797 / 95 by Freddy Blak and Niels Sindal to the Commission
Subject : Professional football

Joint answer to Written Questions E-791 / 95, E-792 / 95, E-793 / 95, E-794 / 95, E-795 / 95,

E-796 / 95 and E - 797 / 95

E-800 / 95 by Carole Tongue to the Commission
Subject : Application for membership of the European Union from Cyprus

E-8 11 / 95 by Freddy Blak to the Commission
Subject : Health

E-812 / 95 by Karl von Wogau to the Commission
Subject : Inspection of articulated shaft shielding in France

E-81 5 / 95 by Barbara Dührkop Dührkop to the Commission
Subject : European Social Fund and intercultural education

E-830 / 95 by Jean-Pierre Raffarin to the Commission
Subject : Measures to promote less widely spoken national and regional languages

E-833 / 95 by Jean-Pierre Raffarin to the Commission
Subject : Financing of high-speed train lines

E-835 / 95 by Glyn Ford to the Commission
Subject : Advertising the achievement of BS 5750

E-838 / 95 by Glyn Ford to the Commission
Subject : Airport security

E-843 / 95 by Anita Pollack to the Commission
Subject : Endangered species

E-852 / 95 by Jose Valverde Lopez to the Commission
Subject : Biomedicine and health

P-857 / 95 by Jose Apolinário to the Commission
Subject : Community aid to Portugal under the First and Second CSF

E-892 / 95 by Marianne Thyssen to the Commission

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Subject : Harmonization of Member States laws — procedural law and contract law

E-8 96 / 95 by Freddy Blak to the Commission
Subject : The Commission 's staff regulations . .

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Notice No

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Contents ( continued ) p age

E-902 / 95 by Manuela Frutos Gama to the Commission
Subject : Equal opportunities 32

E-921 / 95 by Mary Banotti to the Commission
Subject : New Helios premises of European Commission 32

E-924 / 95 by Florus Wijsenbeek to the Commission
Subject : Airports and the environment 32

E-931 / 95 by Mark Killilea to the Commission
Subject : Commission support for teleworking 33

E-934 / 95 by James Provan to the Commission
Subject : European road safety year 34

E-937 / 95 by Winifred Ewing to the Commission
Subject : Women's rights 35

E-942 / 95 by Celia Villalobos Talero to the Commission
Subject : Erasmus and Lingua programmes 35

E-943 / 95 by Celia Villalobos Talero to the Commission
Subject : NOW programme 35

E - 956 / 95 by Mark Watts to the Commission
Subject : Animal test restrictions 36

P-967 / 95 by Amedeo Amadeo to the Commission

Subject : Public health 36

E-970 / 95 by Amedeo Amadeo to the Commission
Subject : Protection of public health 37

E-981 / 95 by Helena Torres Marques to the Commission
Subject : Equal opportunities and rights for men and women 37

E - 1000 / 95 by Roy Perry to the Commission
Subject : Rules governing the transport of nitrate fertilizers 38

E-1013 / 95 by Jose Apolinário to the Commission
Subject : Payments to be made under the first CSF for Portugal ( 1989 — 1993 ) 38

P-1027 / 95 by Sergio Ribeiro to the Commission
Subject : Transport and dumping of toxic waste by EXPO ' 98 ( Portugal ) 38

E-l 032 / 95 by Anita Pollack to the Commission
Subject : Age discrimination against young workers 39

E - 1043 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Transposition of the Directive on collective redundancies 39

E-1061 / 95 by Mathias Reichhold to the Commission
Subject : Regulation on the market in wine 39

E-l 067 / 95 by Maria Izquierdo Rojo to the Commission
Subject : Twisting of the objectives of the Med-Urbs programme 40

( Continued overleaf )

Notice No

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Contents ( continued ) p age

P - 1077 / 95 by James Nicholson to the Commission
Subject : European Development Fund 41

P - 1084 / 95 by Glyn Ford to the Commission
Subject : Registration of Commissioners ' interests 41

E-l 100 / 95 by Jose Valverde Lopez to the Commission
Subject : Due dates for payment for commercial transactions in Spain 42

P-l 114 / 95 by Peter Truscott to the Commission
Subject : Mandatory aviation standards 42

P-l 139 / 95 by Bill Miller to the Commission
Subject : Compensatory payments to voluntary groups in the case of late payment of Commission
grants 43

P-l 144 / 95 by Florus Wijsenbeek to the Commission
Subject : Annulled legislation 43

E - 1163 / 95 by Helwin Peter to the Commission
Subject : Problems for buses at frontiers 43

E - 1178 / 95 by Mark Killilea to the Commission
Subject : Horizon programme — reduction by Irish Government of percentage allocation to
disability 44

P-l 185 / 95 by Peter Crampton to the Commission

Subject : Access to documents 44

P-l 186 / 95 by Poul Schliiter to the Commission
Subject : Proposal for a Directive on the posting of workers 45

E-l 195 / 95 by Angela Billingham to the Commission
Subject : British citizens deported to Germany from Jersey in contravention of the Hague
Convention 45

P-l 203 / 95 by Roberta Angelilli to the Commission
Subject : Allocation and take-up of funds for Community programmes 45

E-l 21 3 / 95 by James Provan to the Commission
Subject : EU grant aid for the Panam County Integrated Rural Development Project 46

E-l 25 3 / 95 by Jean-Pierre Raffarin to the Commission
Subject : The threat from cormorants to the aquatic environment 46

P-l 325 / 95 by Jose Garcfa-Margallo y Marfil to the Commission
Subject : Protection of the Valencian language 47

E-l 355 / 95 by Jose Valverde Lopez to the Commission
Subject : Food allergies 47

E-l 357 / 95 by Jose Valverde Lopez to the Commission
Subject : Human genome analysis 47

E-l 35 8 / 95 by Jose Valverde Lopez to the Commission
Subject : Public awareness of biotechnological issues 48

E-l 359 / 95 by Jose Valverde Lopez to the Commission
Subject : JRC Institute for the Environment 48

( Continued on inside back cover )

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P-1366 / 95 by Francisca Bennasar Tous to the Commission
Subject : Distribution and sale of a postcard with the caption ' Spain, mountains of coke ' 48

E-1427 / 95 by Jose Valverde Lopez to the Commission
Subject : Biomedicine and health 49

E-1438 / 95 by Wolfgang Kreissl-Dörfler to the Commission

Subject : EU projects in El Salvador since 1992 49

E-1450 / 95 by Christine Oddy to the Commission
Subject : EU manufacture of instruments of torture 49

E-1558 / 95 by James Moorhouse to the Commission
Subject : Exports by Member States of instruments of torture 50

Corrigenda

95 / C 190 / 107 Corrigendum to the Answer given by Mr Flynn on behalf of the Commission (1 March 1994 ) to
Written Question E-3320 / 93 51

EN

24 . 7 . 95 I EN I Official Journal of the European Communities No C 190 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-2264 / 94

by Joan Vallvé ( ELDR )

to the Commission

(9 November 1994 )

( 95 / C 190 / 01 )

Subject : European Union fruit and vegetable sector and the

forthcoming Euro-Maghreb Treaty

In view of the current Commission initiatives aimed at

concluding a formal Euro-Maghreb Treaty, notably with
Morocco, to replace the Cooperation Agreement between
the European Union and Morocco of 26 April 1976, its
additional Protocol of 26 May 1988 and Regulation ( EEC )
No 1764 / 92 ( ! ), and thus allow greater liberalization with
regard to Maghreb agricultural exports to the European
Union, and exports from Morocco in particular, as well as
considerable concessions for Maghreb fruit and vegetable
products, can the Commission say whether it has assessed
the impact of the abovementioned Treaty on the marketing
of fruit and vegetable products from Mediterranean
Member States of the European Union ?

(') OJ No L 181, 1 . 7 . 1992, p . 9 .

Answer given by Mr Steichen

1 . maintenance of the concessions concerning the products
covered by the first agreement, with an increase in tariff
quotas of about 3 % for four years for some
products ;

2 . takeover by the Community of the tariff quotas granted
by France to these countries under the former bilateral
agreements, at the level of current imports .

New concessions are not involved, therefore, but rather an
adaptation of the old concessions . Accordingly, the new
terms to emerge from the current process will be very
limited .

Moreover, the new agreements will provide for machinery
making it possible to guarantee the stability of Community
markets, such as

1 . the establishment of a cooperation mechanism for the
management of markets, in order to avoid possible
market crises, and

2 . the maintenance of safeguard measures permitting the
Commission to act when market conditions require .

on behalf of the Commission
WRITTEN QUESTION E-2357 / 94

( 12 January 1995 )
by Christine Oddy ( PSE )

The Commission initiatives to which the Honourable

Member refers concern the current negotiations with
Morocco and Tunisia for the revision of the agreements
currently in force .

These negotiations were taken up on the basis of a mandate
of the Council and cannot exceed the framework of that
negotiating brief . With regard to the agricultural aspects,
this brief is based on the following points :

to the Commission

( 15 November 1994 )

( 95 / C 190 / 02 )

Subject : Common market in mushrooms

What steps will the Commission take to ensure that there is a
level playing field in the mushroom industry ?

No C 190 / 2 EN Official Journal of the European Communities 24 . 7 . 95

Answer given by Mr Steichen

on behalf of the Commission

( 15 February 1995 )

The Commission is always conscious of its responsibility to
ensure that the Community rules are duly respected in every
Member State . The reference in the Honourable Member 's

question to a level playing field is unfortunately too vague
for a meaningful response . If the Honourable Member 's
question relates to particular concerns about the mushroom
sector the Commission would be grateful to receive further
information .

with Community law, particularly in the light of the ruling
given on 28 November 1989 by the Court of Justice in Case
379 / 87 Groener . While the nationality requirement existing
under earlier legislation has been abolished, the new
provisions could constitute indirect discrimination against
nationals from other Member States .

. According to the ruling given on 19 November 1991 by the
a level playing field is unfortunately too vague Court in Joined Cases 6 / 90 and 9 / 90 Frankovich and Others
response . If the Honourable Member 's v. Italian Republic, Member States are obliged to make good
to particular concerns about the mushroom loss and damage caused to individuals by breaches of
Commission would be grateful to receive further Community law for which they can be held responsible . The
. Court stated that ' the national courts whose task it is to

apply the provisions of Community law in areas within their
jurisdiction must ensure that those rules take full effect and
must protect the rights which they confer on individuals '.
Consequently, if Community law is breached by a Member
State, the citizen affected can take action in the national
WRITTEN QUESTION E-2897 / 94 courts to obtain reparation for damages in accordance with
the rules of national law .

by Caroline Jackson ( PPE )

to the Commission

( 16 January 1995 )

( 95 / C 190 / 03 )

Subject : Foreign language schools in Greece

Following the Greek Presidential Decree of 22 August 1994
on the establishment of private schools, which at last
removes the legal requirement for any such school to be at
least 51% Greek owned, a new requirement has been
imposed which demands that those wishing to own or teach
in a private school in Greece must obtain a certificate from
the Greek educational authorities to the effect that they are
' well versed and fluent in the Greek language ' and that they
must also ' know ' Greek history .

Can the Commission state whether it considers that the
requirement of the Decree is compatible with EU legislation
designed to create free movement and an open market,
especially since it is open to interpretation by the Greek
education authorities in such a way as to continue the
present discrimination against non-Greek nationals ? What
action does the Commission propose taking to ensure that
the Decree of 22 August is not used as a cover for continued
discrimination ?

Can the Commission also confirm that Greece is under an

obligation to make reparation for loss and damage caused to
individuals by its failure to apply provisions of the EEC
Treaty ?

Answer given by Mr Monti
on behalf of the Commission

( 15 March 1995 )

WRITTEN QUESTION E-2906 / 94

by Florus Wiisenbeek ( ELDR )

to the Commission

( 16 January 1995 )

( 95 / C 190 / 04 )

Subject : Insurance of lorries against theft

1 . Is the Commission aware that, in the Netherlands, the
Insurers ' Federation 's clause G-23 describes in such detail

how lorries must be secured that only one extremely
expensive security system complies with it ?

2 . Does the Commission realize that there are also other

systems which are just as good but cost a fraction of the
price, but that insurance companies refuse to accept them
because they do not comply with clause G-23 ?

3 . Does not the stipulation of a uniform clause effectively
amount to the operation of a cartel ?

4 . Does not the rejection of alternative systems
compel hauliers to incur costs which are not genuinely
necessary ?

5 . Will the Commission take immediate action ?

— If so, when ?

The Commission is currently examining whether
Presidential Decree No 21 1 of 22 August 1994 is compatible — If not, why not ?

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 3

Answer given by Mr Van Miert

on behalf of the Commission

(8 March 1995 )

Clause G-23 of the Transport Insurers Federation in the
Netherlands concerning road transport insurance is
no longer applicable . Followingnotification to the
Commission, it was withdrawn on 14 December 1993
since the block exemption Regulation for the insurance
industry ( Commission Regulation ( EEC ) No 3932 / 92 of
21 December 1992 on the application of Article 85(3 ) of the
Treaty to certain categories of agreements, decisions and
concerted practices in the insurance sector ) (') was due to
enter into force on 1 April 1994 . It appears that the clause
was subsequently replaced by a recommendation having the
same scope which, in the Federation 's view, probably
fulfilled the conditions for exemption and therefore did not
need to be notified . Nevertheless, at the Commission 's
request, the Federation produced the text of the
recommendation, together with certain other documents .

The difficulties referred to by the Honourable Member arise
both from the standard policy conditions applied by
transport insurers and from the specifications of the security
devices prescribed by them . The two matters are dealt within
detail in Titles III and V of the block exemption
Regulation .

With regard to the fixing of standard policy conditions, the
Regulation stipulates that such conditions must be purely
illustrative and expressly mention that different conditions
for security devices may be agreed by individual insurers .
The exemption does not apply if concerted practices are
involved or if companies agree among themselves that they
will apply to, or impose on, other companies only standard
policy conditions . Nor does it apply if the recommended
standard policy conditions contain clauses on the scope of
cover or the personal risk of the policy-holder .

The rules on the security requirements to be applied to
policy-holders specify that the exemption is valid only if the
relevant conditions are reasonable and if insurance

companies are free to accept devices and installation firms
which have not been approved . The other conditions for
exemption are aimed at securing a clear and objective
procedure for the inspection of certain products and the
approval of firms .

The Federation has defined several categories of
compensation on the basis of the differences in value and in
the degree of risk of theft of different kinds of consignments .
The requirements applicable to the installation of security
devices become more stringent as the value and the risk of
theft increases . A list of approved devices and installation
firms has been drawn up . By July 1994 approval had been
granted for 11 different makes of security devices

( representing 16 different types, five devices being those of
lorry manufacturers and six being universal devices, and to
some 300 installation firms .

The standard policy conditions recommended by the
Federation provide for a reduction in, and a ceiling on, the
cover provided in the absence of an ( approved ) security
device ( installed by an approved firm ) even though no
specific amounts or percentage reductions are indicated .
Individual insurers are free to apply or disregard these
standard conditions and, if they opt to apply them, they can
themselves determine, in agreement with the policy-holder,
the maximum cover and / or percentage reductions to be
applied .

On the basis of the information available, there are no
grounds for assuming that the standard policy conditions
proposed by the Federation or the criteria applied to security
devices and firms installing such devices do not fulfil the
conditions for exemption set out in the Regulation .
Consequently, the Commission has at present no reason to
take any further action in the matter .

(') OJ No L 398, 31 . 12 . 1992, p . 7 .

WRITTEN QUESTION E-49 / 95

by Glyn Ford ( PSE )

to the Commission

( 30 January 1995 )

( 95 / C 190 / 05 )

Subject : Tax on beer

Is the Commission planning to intervene to stop the current
ludicrous situation where because of different tax structures

it appears half the population of the United Kingdom spend
their holidays crossing the English Channel to buy beers and
spirits at prices local markets are unable to reach ?

Answer given by Mr Monti
on behalf of the Commission

(3 March 1995 )

A fundamental freedom of the internal market is the right of
consumers to buy what they like, where they like . To ensure
that, in meeting consumers ' legitimate needs, businesses
would be able to compete fairly across the Community 's
internal borders, the Commission originally proposed
common rates of excise duty for alcoholic drinks . When the
Council rejected this approach, the Commission put
forward a series of target rates and minimum rates, with the
same object in mind — maintaining fair competition . These
proposals, too, were watered down in negotiation in the
Council . Target rates were converted into guidelines and the
minimum rates ( which did have legal force ) were set at well
below the levels suggested by the Commission .

No C 190 / 4 EN Official Journal of the European Communities 24 . 7 . 95

Any differences in excise duty levels between Member States
are thus the consequence of the Council 's unanimous
decisions in this area and of subsequent national decisions
on duty levels taken against the background of a single
market without internal frontiers .

The Commission attaches great importance to maintaining,
and even enhancing, existing rights of consumers in the
internal market and to ensuring fair competition between
retailers across Europe . To the extent that this requires
further approximation of the duty rates, it will be prepared
to make appropriate proposals . The Council will shortly
have a first opportunity to discuss the impact of current duty
differentials between Member States when the Commission
presents the report called for by the relevant Council
Directive ( Council Directive 92 / 84 / EEC ) (').

(•) OJ No L 316, 31 . 10 . 1992 .

WRITTEN QUESTION E-85 / 95

by Cristiana Muscardini ( NI )

to the Commission

(8 February 1995 )

( 95 / C 190 / 06 )

Subject : Freedom of establishment for surveyors

1 . Can the Commission state what progress has been
achieved in recognizing freedom of establishment for
surveyors ?

2 . What obstacles, if any, lie in the way of a common
solution ?

3 . Is it true that one of the difficulties lies in the
differences between the various training courses with regard
to the common technical services required for the exercise of
this profession ?

4 . By what date does the Commission believe a decision
can be taken on freedom of establishment for surveyors ?

invoke Article 52 directly before the national courts .
However, if a profession is regulated in a particular Member
State, the application, even in a non-discriminatory manner,
of that Member State 's legislation can create obstacles to the
actual exercise of free movement . For this reason, Article 57
of the Treaty provides for the adoption of Directives for the
mutual recognition of diplomas, certificates and other
evidence of formal qualifications . It constitutes the legal
basis under which the Directives relating to the general
system for the recognition of diplomas have been adopted,
viz . 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 ( 1 ) and Council
Directive 92 / 5 l / EEC of 18 June 1992 on a second general
system for the recognition of professional education and
training to supplement Directive 89 / 48 / EEC ( 2 ). The
evidence of surveyors ' formal qualifications should fall
within the scope of one of these Directives . The general rule
for the system is that, in order to allow the persons
concerned to take up a regulated profession, each Member
State has to recognize the formal qualifications awarded in
the other Member States for the same purposes .

2 . and 3 . The purpose of the ' general system ' Directives is
not to harmonize the types of training prescribed in the
Member States before a certain profession can be taken up .
They merely oblige the Member States to recognize the
formal qualifications acquired in the other Member States
provided that c ertain conditions are satisfied . Each Member
State therefore remains free to regulate the professions as it
wishes . The differences in the training programmes in no
way prevent the system from operating . Special procedures
also allow account to be taken of major differences in the
types of training prescribed in the individual Member States
before a certain profession can be taken up . The flexibility in
the system should enable any problem to be resolved . This is
why the Commission, in accordance with the principle of
subsidiarity, is not planning to propose a harmonization
Directive .

(M OJ No L 19, 24 . 1 . 1989 .

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

WRITTEN QUESTION E-92 / 95

Answer given by Mr Monti by Jean Gol ( ELDR )
on behalf of the Commission to the Commission

(6 March 1995 ) (8 February 1995 )

( 95 / C 190 / 07 )

1 . and 4 . Article 52 of the EC Treaty states that

' restrictions on the freedom of establishment of nationals

of a Member State in the territory of another Member
State shall be abolished by progressive stages in the
course of the transitional period '.

It has been directly applicable since 1 January 1970, the end
of the transitional period (' Reyners ' judgment of 21 June

1974 in Case 2 / 74 ). Any Community national can therefore

Subject : Barriers to the free movement of goods —
obstacles to the import into France of trailers
manufactured in Belgium

1 . Is the Commission aware of the barriers set up by the
French vehicle licensing authorities ( DRIRE ) with regard to
the registration in France of trailers exported from
Belgium ?

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 5

2 . Are not such restrictions on trade actually measures
having equivalent effect which are prohibited by Article 30
et seq . of the Treaty and are not justified under
Article 36 ?

3 . What practical steps does the Commission intend to
take, in response to the complaints made by Belgium
manufacturers, to force the French authorities to comply
with the provisions of the Treaty and the specific Directives
implementing the principle of free movement of goods in
respect of these products ?

Answer given by Mr Monti
on behalf of the Commission

( 12 April 1995 )

1 . The Commission has received a complaint from a
Belgian firm concerning difficulties with regard to the
registration in France of certain trailers manufactured in
Belgium .

2 . In view of the factual and technical complexity of this
complaint, detailed investigations have been carried out . A
number of letters have been exchanged with the
complainant in order to define the precise nature of the
problem and to explain the Community rules applicable in
this area .

3 . The Commission will shortly decide on the action to
be taken on this complaint under Articles 30 to 36 of the
Treaty .

WRITTEN QUESTION E    - 106 / 95

by Ian White ( PSE )

to the Commission

(8 February 1995 )

( 95 / C 190 / 08 )

Subject : Car insurance

UK insurance companies charge additional premiums, of
sometimes £1 or £2 per day, for policy holders who drive in
other EU States and only allow this extra cover up to a
maximum of three months . Moreover, British companies do
not include EU cover by means of a Green Card for the
duration of the policy, whilst their subsidiaries based in
other EU countries do extend this cover automatically .

Do these practices constitute an unnecessary barrier to
freedom of movement for individuals in the Union ?

Answer given by Mr Monti
on behalf of the Commission

(3 March 1995 )

Council Directive 72 / 166 / EEC ( ), the ' green card
Directive ', made it possible for third party insurance ( green
card ) checks to be abandoned in respect of vehicles
registered in one Member State entering another Member
State . Thus, the production of proof of third party civil
liability insurance by Community citizens when crossing
internal borders is no longer required .

Article 3(1 ) of the same Directive furthermore lays down
that each Member State must take all appropriate measures
to ensure that vehicles based in their own Member State
have third party insurance, and that all appropriate
measures are taken to ensure that the contract of insurance

also covers any loss or injury which is caused in the territory
of other Member States .

The Commission subsequently became aware of certain
practices in a number of Member States, which allowed
motorists who had no intention of taking their vehicle
abroad and who therefore did not wish to pay for
Community-wide cover, to take out third party insurance
cover limited to the national territory .

Article 2 of Directive 90 / 232 / EEC ( 2 ) relating to insurance
against motor vehicle liability, removes any uncertainty
concerning the interpretation of Article 3(2 ) of Directive
72 / 166 / EEC by obliging all Member States to ensure that all
compulsory insurance policies against motor vehicle
liability ( i.e. the green card ) cover the entire Community, on
the basis of a single premium . Community insurance
companies, thus, are not allowed to charge drivers extra for
green cards, nor may they require that policy-holders have
to apply for a green card to be covered for non-compulsory
cover when they want to go abroad .

However, drivers who want the full ( i.e. comprehensive )
cover of their UK policy need to request an extension of
cover from their insurer, who may charge an additional
premium . This extension of the non-compulsory cover is
unrelated to the green card, and its duration and price is a
matter to be settled by the contract between the
policy-holder and the insurance company .

Last year, the Commission raised this matter with the British
authorities who acknowledge that the abovementioned
practice of issuing a green card as evidence that non-third
party cover had been extended was incorrect and confirmed
that the insurance industry had already been approached in
this matter . The association of British insurers has prepared
a leaflet on motor insurance for driving in other Member
States for distribution by motor insurance companies to
their clients free of charge . The Commission is closely
following developments in the United Kingdom concerning

No C 190 / 6 EN Official Journal of the European Communities 24 . 7 . 95

the abovementioned incorrect practices but is not currently
envisaging submitting draft legislation on this matter .

(') Of No L 103, 2 . 5 . 1972 .
(-) O I No L 129, 19 . 5 . 1990 .

WRITTEN QUESTION E    - 13 3 / 95

by Michl Ebner ( PPE )

to the Commission

(8 February 1995 )

( 95 / C 190 / 09 )

Subject : Excise duty on beer and wine

A source of major concern is the recent decision by the
United Kingdom to increase excise duty on beer and wine,
a decision related to the proposal by Mrs Scrivener,
Commissioner, to impose a minimum rate of excise duty
applicable to all the Member States, including producer
countries in which the rate is currently zero .

The timing of this is particularly inappropriate in view of the
fact that a reform of the common organization of the market
in wine is currently under discussion, and it should also be
pointed out that in certain member countries there is a State
monopoly on the supply of alcoholic beverages .

In view of the above, could the Commission say :

1 . What its official position is regarding excise duty on beer
and wine ?

2 . Whether or not it considers that the introduction of
compulsory excise duty on wine at a time when the
reform of the COM is under discussion is a source of

confusion and goes against that reform, one of the aims
of which is to bring about a moderate increase in wine
consumption ?

3 . Whether or not it considers that, as regards beer and
wine, moves should on the contrary be made to secure
the removal of all forms of taxation ?

4 . Whether or not it considers the existence of state alcohol

monopolies in certain member countries to contravene
the competition laws contained in the Treaty ?

WRITTEN QUESTION E-3 14 / 95

by Amedeo Amadeo ( NI ), Spalato Belleré ( NI ) and

Marco Celiai ( NI )

to the Commission

( 13 February 1995 )

( 95 / C 190 / 10 )

Subject : Excise dutv on wine

The proposal to impose excise duty on Community wine
production ( which accounts for 93 % of the wine consumed
in the Union ) would represent a major obstacle both to the
free movement of goods and to the rational consumption of
wine .

The excise initiative in respect of the producer countries
seems to be in complete contradiction to the aim of the
reforms proposed by the Commission in order to achieve
a better balance between supply and demand and to
encourage wine consumption, especially since, if the
proposed rate were applied, wine would be penalized
through the imposition of a hefty tax equal to a third of the
price paid to producers .

It thus appears that wine cannot be treated in the same way
as other alcoholic beverages .

Does the Commission not think that this initiative

constitutes a rather unreasonable case of fiscal

harmonization which ( worse still ) would establish a split in
the market between producer and non-producer
countries ?

Joint answer to Written Questions

E-133 / 95 and E-3 14 / 95

given by Mr Monti
on behalf of the Commission

(3 April 1995 )

1 . The Council, whilst agreeing that wine should be an
integral part of the Community excise system, decided — in
Council Directive 92 / 84 / EEC (') — that Member States
could apply a zero rate to this particular product . Under
Article 8 of the same Directive, the Commission is called
upon to produce, every two years, a report and, if
appropriate, proposals on the minimum rates laid down for
alcoholic drinks so that Council may take any appropriate
measures . The first such report is under preparation .

2 . In preparing its report, the Commission is required to
take into account the wider objectives of the Treaty, which
in this particular case do, of course, include the common
agricultural policy .

3 . It would not be appropriate for the Commission to
propose that all forms of taxation should be removed since
the application of excise duties is, in many Member States,
an important source of revenue . Moreover, the reduction or
even removal of excise duties on alcohol would go against
the objective — set out in the Commission 's white paper
on growth, competitiveness and employment ( 2 ) — of
increasing such duties as means of raising revenue,
preventing social problems and reducing social security
charges .

4 . The State alcohol monopolies which existed in the
Community prior to the accession of the three new Member
States on 1 January 1995 have already been adjusted in
conformity with Article 37 EC Treaty .

Austria has agreed to adjust its monopoly similarly
following its accession . Regarding the national monopolies
which exist in Sweden and Finland, a political agreement
was annexed to the Act of accession which notes the

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 7

undertaking of these two Member States to abolish the
exclusive import, export, wholesale and production rights
for their respective alcohol monopolies .

In relation to retail monopolies, which these latter two
Member States consider necessary for the protection of
public health, the Commission, without prejudice to
imminent decisions of the Court of Justice in this area,
considers that there must be no discrimination between

national products and products from other Member
States .

The Commission is verifying that the new regulations in
these Member States are in conformity with their Treaty
obligations .

1994 for the 1994-1996 programming period, following
submission of the Member States ' proposals and in line with
the eligibility criteria specified in paragraph 2 of that
Article .

At the end of the present programming period, i.e. at the end
of 1996, the Commission will review the list of Objective 2
areas, again on the basis of the Member States '
proposals .

Regions with serious unemployment problems can however
also receive Community assistance under the ' horizontal '
Objective 3 and 4 measures, irrespective of their eligibility
under the region-based Structural Fund Objectives .

(M OJ No L 193, 31 . 7 . 1993 .

(') OJ No L 316, 31 . 10 . 1992 .

( 2 ) COMÍ93 ) 700 final .

WRITTEN QUESTION E-322 / 95

by Glyn Ford ( PSE )
WRITTEN QUESTION E-297 / 95

to the Commission

by Amedeo Amadeo ( NI )

( 13 February 1995 )

to the Commission
( 95 / C 190 / 12 )

(9 February 1995 )

( 95 / C 190 / 11 )

Subject : Need to update EEC industrial conversion
objectives

The serious crisis that is continuing to affect employment
and manufacturing in Lombardy is being reflected in
constant job losses and a growing number of company
failures . The map of areas in which industry is in severe
decline therefore needs to be redrawn without fail .

As a matter of urgency, can the Commission revise Objective
2 as set out in the proposal for an EEC Directive on
conversion of areas suffering severe industrial decline,
extending the Simplon Tunnel area to cover parts of
Lombardy in order that these places may be included among
the European regions eligible for assistance under the
Structural Funds and other financial resources provided by
the EEC with the aim of boosting and converting
production ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 22 March 1995 )

Article 9(6 ) of Council Regulation ( EEC ) No 2052 / 88, as
amended by Regulation ( EEC ) No 2081 / 93 ( L ), stipulates
that assistance granted by the Community for Objective 2
purposes is to be planned and implemented on a triennial
basis . The list of areas eligible for assistance under this
Objective was adopted by the Commission on 20 January

Subject : Levying of VAT and duty on gifts by mail

Can the Commission confirm reports that a duty-plus-VAT
bill of over £100 can be incurred by a Member State national
who is in receipt of gifts valued at more than £136 ?

What steps will the Commission take to inform senders at
point of despatch that their intended recipient will be
charged ?

Answer given by Mr Monti
on behalf of the Commission

(6 March 1995 )

The recipient may not be charged any value added tax or
excise duties in the case of gifts sent by a private individual
from one Member State to a private individual in another
Member State .

However, gifts sent from a third country by a private
individual there to a private individual in the Community

( by mail or otherwise ) benefit from the exemption on
importation from customs duties, value added tax and
excise duties provided that the consignment has an
occasional and non-commercial character and that its total
value does not exceed ECU 45 . Only limited quantities of
tobacco products, alcoholic beverages and perfumes and
toilet waters can be imported within this exemption, but
Member States have the option of excluding these products
totally from the exemption for value added tax and excise
duties .

No C 190 / 8 EN Official Journal of the European Communities 24 . 7 . 95

Therefore, the situation described by the Honourable
Member can occur, either if the value of the gifts greatly
exceeds the exemption limit of ECU 45, or if the parcel
includes excise products excluded from the exemption .

The Commission has recently proposed, the context of the
codification and updating of Community customs and fiscal
legislation relating to exemptions on importation, to
increase the limit applicable to small consignments from
ECU 45 to ECU 175 . This would restore the parity with the
exemption applicable to goods imported from third
countries in the personal luggage of travellers, which was
increased on 1 April 1994 .

Obviously it is impossible for the Commission to inform al
potential senders of gifts in third countries of the limits
applicable to importation into the Community . However,
all Community legislation is published in the Official
Journal and is also made public through databases or

publications available to the public such as Celex and INFO
92 . Citizens of third countries also can obtain this

information from the offices of the Commission located

there . In addition they could always ask the embassy of the
Member State concerned for information .

Answer given by Mr Fischler
on behalf of the Commission

( 17 March 1995 )

The Commission does not have detailed knowledge of the
provisions of Irish land law concerning leasing of land for
agricultural use nor of the implications arising from lease
agreements freely entered into . The Commission has no
direct competence in property matters as Article 222 of the
EC Treaty provides that the Treaty shall in no way prejudice
the rules of Member States governing property
ownership .

The powers of the Commission to intervene are therefore
limited, unless it can be shown that Community law has
been contravened, because, for example, there has been
discrimination based on nationality . The Commission notes
that the Honourable Member does not suggest that any
difference of treatment occurs according to nationality . In
these circumstances the Commission does not envisage an
intervention in this matter .

The appropriate instruments to protect the right to property

are to be found in the internal laws of each Member

State .

WRITTEN QUESTION E-343 / 95

WRITTEN QUESTION E-337 / 95 by Mary Banotti ( PPE )

by Werner Langen ( PPE )

to the Commission

to the Commission

( 13 February 1995 )

( 13 February 1995 ) ( 95 / C 190 / 14 )

( 95 / C 190 / 13 )

Subject : Protection of fossils and geological heritage

Subject : Forced sale of property in Ireland

Under Irish law, leases for land and farms normally last
three years . If the lease does not specifically mention the
three-year limit, it is automatically extended for a further 35
years . It thus becomes a long-term lease, which entitles the
tenant to obtain a court order requiring the owner to sell
against his will . As demand for land well exceeds supply in
Ireland, this policy is supported by the Irish Land
Commission, a State authority which is responsible for
compulsory acquisition of land for agricultural use .

1 . Is the Commission aware of this practice of compulsory
sale in Ireland ?

2 . If so, what action does the Commission intend to take, in
particular with regard to the situation of foreign
property owners affected by this state of affairs ?

3 . What possibilities are upon to EU citizens to safeguard

their right to property and land ownership in
Ireland ?

Can the Commission give any indication on the extent of
our European fossil resources, their rate of loss and
exploitation, their recording, international compatibility of
records and the need for protection ?

Is there any legal instrument planned to protect this
heritage ? Could the Commission please outline this ?

If this information is not available would the Commission

prepare a review to provide guidelines as to the best
protection and management policy ?

Answer given by Mr Oreja
on behalf of the Commission

( 27 April 1995 )

In line with Article 128 EC Treaty and the principle of
subsidiary, the protection of fossils and geological heritage
is dealt with exclusively by the Member States .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 9

WRITTEN QUESTION E-355 / 95

by José Girão Pereira ( RDE )

to the Commission

( 15 February 1995 )

(9 SIC 190 / 15 )

Subject : Community aid to multinationals operating in

Portugal

Misgivings have recently been voiced in Portugal concerning
the disinvestment being practised by certain multinationals
with respect to some of their branches, local offices or
subsidiaries in Portugal .

Can the Commission state which multinationals operating
in Portugal ( i.e. having branches, local offices or subsidiaries
there ) have received Community aid and / or funding since
Portugal joined the EEC in 1986 and how much each
multinational received ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 17 March 1995 )

The Community can co-finance national incentive schemes
through the programmes financed by the Structural Funds .
These schemes are notified to the Commission and
approved from the competition and industrial policy
viewpoints . In conformity with the general principle
applying to the Structural Funds, the Commission
co-finances the incentive scheme as a whole and not

individual projects .

Accordingly, the Commission does not possess systematic
information on the projects or the ownership structure of
their promoters . It may be noted that ownership structure as
such is not a relevant criterion in Commission Decisions on

co-financing .

organisms has been ' moved ' within the scope of the
pesticides Directive, which is covered by the Treaty articles
on agriculture .

Can the Commission therefore confirm whether there has

been a change in the legal basis for the 1990 Directives, or
whether there is some other reason why the Danish
journalist received this impression ?

Answer given by Mr Fischler
on behalf of the Commission

( 24 March 1995 )

Council Directive 91 / 4 14 / EEC of 15 July 1991 concerning
the placing of plant protection products on the market (')
covers plant protection products containing or composed
of micro-organisms and viruses . Moreover, as far as
genetically modified micro-organisms are concerned, the
Directive already provides in Article 1 ( 3 ) the following :

' This Directive applies to the authorization to place on
the market plant protection products containing or
composed of genetically modified organisms, provided
that authorization to release them into the environment

has been granted after the risk to the environment has
been assessed in accordance with the provisions of Parts
A, B and D and the relevant provisions of Part C of
Directive 90 / 220 / EFC .

The Commission shall submit to the Council, a proposal
for an amendment with a view to include in this Directive
a specific procedure for evaluating the risk to the
environment analogous to that provided for in Directive
90 / 220 / EEC '.

Currently the Commission is preparing a proposal for
amendment of Directive 91 / 414 / EEC as requested by the
abovementioned provision and as announced by the
Commission in its communication ' biotechnology and the
white paper on growth, competitiveness and employment —
preparing the next stage ' ( 2 ).

Information on individual projects which have been
approved in the framework of a Community programme is In accordance with the
available from the IAPMEI ( Instituto de Apoio as Pequenas the Parliament will be
e Medias Empresas e ao Investimento ), which is the agency
responsible for the projects . f 1 ) OJ No L 230, 19 . 8 . 1991 .

In accordance with the provisions of Article 43 EC Treaty
the Parliament will be consulted on this proposal .

( 2 ) COMÍ94 ) 219 final .

WRITTEN QUESTION E-389 / 95

by Kirsten Jensen ( PSE )

to the Commission

WRITTEN QUESTION P-4 16 / 95

by Christine Oddy ( PSE )

to the Commission
( 15 February 1995 )

( 95 / C 190 / 16 ) (8 February 1995 )

95 / C 190 / 17 )

Subject : Pesticides Directive

Subject : MTV complaint

It is claimed in an article in the Danish newspaper
' Berlingske Tidene ' that the 1990 Directive on the deliberate
release into the environment of genetically modified

The US Department of Justice is apparently requesting by
letter the production of information and documens which

No C 190 / 10 EN Official Journal of the European Communities 24 . 7 . 95

relate to the collective licensing of phonograms and music
video in Europe as well as the creation of a German music
video television joint venture . The subject matter to which
the requested information relates is currently being
considered in detail by the Commission in relation to the
MTV complaint and the notification of the VIVA joint

venture arrangements .

Does the Commission consider the US Department of
Justice 's investigation to be a deliberate attempt to exercise

extra-territorial jurisdiction over agreements entered into
within the EU which are currently the subject matter of an
on-going investigation by the Commission ?

Does the Commission consider that third countries should

use their anti-trust laws as an instrument of trade policy to
review important issues of policy concerning systems of
collective licensing in copyright and joint ventures ?

Will the Commission formally object to the US Department
of Justice 's request ?

— where this third country has in place an effective system

of sanctions which can be called upon to be applied
adequately, as in the case of the Community .

This principle should be observed all the more given the
existence of a bilateral cooperation agreement between the
Community and the United States . This agreement,
concluded in September 1991, provides not only for
exchanges of information on the activities carried out
respectively by the two parties, but also for the application
of comity principles . In practice this means that each party,
before implementing its own rules, shall take into
consideration the important interests of the other party . It
provides also for the possibility to coordinate and to
cooperate in enforcement activities in cases where both
parties have an interest in pursuing these activities with
regard to related situations .

WRITTEN QUESTION E-426 / 95

by Richard Balfe ( PSE ) and Shaun Spiers ( PSE )

Answer given by Mr Van Miert to the Commission

on behalf of the Commission

( 15 March 1995 )

The Commission is not in a position to respond to the
Honourable Member 's question in so far as it related
to specific cases currently under investigation by the
Commission . However, the Commission wishes to deal with
the general policy issues raised regarding the United States
extra-territorial application of its anti-trust law, especially
as it relates to anti-competitive activities organized within
the Community and in respect of which the Commission can
take action .

The Commission recognizes that by virtue of the Foreign
Trade Anti-trust Improvements Act of 1982, the
Department of Justice asserts jurisdiction in cases where
anti-competitive conduct has direct, reasonably foreseeable
and substantial effects on the American export trade
market .

However, in line with the Commission comments on the
draft American anti-trust enforcement guidelines for
international operations 1994, the Commission considers
that cooperation between competition authorities provides
the best means of achieving an effective application of
anti-trust principles . The Commission further believes that,
as American jurisprudence provides, there should be
particular restraint on the part of the American authorities
as regards the extra-territorial application of their laws
where restrictions of competition, even where they are
contrary to American rules :

— take place within the territory of a third country,

— are within the regulatory interest of the third country,

and

( 17 February 1995 )

( 95 / C 190 / 18 )

Subject : Celebration of the millennium

Bearing in mind the dawning of the new millennium on
1 January 2000 and the importance that this could
symbolically have for all States in the European Union, is the
Commission prepared to consider taking a European
initiative to commemorate this event ?

Answer given by Mr Oreja
on behalf of the Commission

( 28 April 1995 )

The coming of the new millennium is undoubtedly an
important date in the history of mankind .

A universal exposition on the theme ' Man, Nature,
Technology ' will be held in Hanover . The Commission, as it
has already done on the ocasion of the recent expositions in
Seville, Genoa and Taejon, intends, if Parliament and the
Council agree, to coordinate participation by the European
Union .

The Commission feels that it is too early to take decisions on
other projects . There should be many important things
happening to affect the life of the European institutions in
the coming years, well before the end of this century .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 11

WRITTEN QUESTION P-436 / 95

by Giovanni Burtone ( PPE )

to the Commission

(8 February 1995 )

( 95 / C 190 / 19 )

Subject : Funding of health facilities under the Structural

Funds

In Sicily there are small-scale health facilities, often located
in outlying areas, which in some cases need to be
modernized and in many others need to be extended if they
are to avoid closure . The implementation of such measures
would be an important step, and could be combined with
specialization in specific branches of medicine . The quality
of life in the areas concerned would benefit, and this must be
regarded as one of the principles governing action by the
Structural Funds . Objective 1, moreover, expressly provides
for the funding of investments in this sector to enable the
areas concerned to catch up with others .

With this in mind :

1 . Will the Commission state whether any health sector
schemes in Sicily have been submitted to date for
funding under the Structural Funds ?

2 . If so, what action has been taken in response to
them ?

3 . Does it consider that an overall plan of the sector would
be useful, for the purpose of providing preferential
funding for the extension or modernization of
small-scale facilities, particularly in outlying areas ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(6 March 1995 )

1 . The financial tables annexed to the regional
development plan for 1994-1999 presented by the Italian
Government showed part of the resources assigned to Sicily
as intended for health structures . This intention was not

however backed up by any indication of a development
strategy and targets to be attained for the sector .

2 . At the partnership meetings preceding approval of the
1994-1 999 Community support framework ( CSF ) for
the Italian Objective 1 regions, the Commission asked
the national authorities to specify their health-sector
development strategy for Sicily and the relevant targets and
to demonstrate the requirements for this type of provision .
As the Italian authorities did not provide the information
needed the Commission was unable to include financing of
this type of action in the CSF .

3 . An overall plan tor the health sector would help in
planning national action . The Commission 's view is that
Structural Fund resources should be concentrated on action

with more impact on regional socio-economic development .
It is up to the regional authorities to demonstrate a pressing
need for health-sector projects if they wish Structural Fund
assistance to be granted for them in the future .

WRITTEN QUESTION P-439 / 95

by Friedrich-Wilhelm Graefe zu Baringdorf ( V )

to the Commission

( 10 February 1995 )

( 95 / C 190 / 20 )

Subject : Call for proposals ( 94 / C 368 / 11 ) in respect of
Regulation ( EC ) No 1467 / 94

1 . Call for proposals ( 94 / C 368 / 1 1 ) was published in the
Official Journal on 23 December 1994

— When ( i.e. on what precise date ) were the full
information packs available to interested parties in all
Community languages ?

— When ( i.e. on what precise date ) did the competent
services of the Commission send the full information

packs ( containing the call for proposals, the application
forms, the work programme and the standard contract )
to interested parties ?

2 . Did the competent services of the Commission send
parts of the information pack ( work programme ),
application forms ( standard contract ), or other information
of relevance to applications, in advance to specific interested
parties before the full information pack was available ? If so,
at what stage in the procedure, and in what languages ?

3 . Is it the Commission 's opinion that the procedure was
properly carried out, or — in the light of possible delays and
irregularities — is it considering extending the deadline or
opening a new procedure ?

Answer given by Mr Fischler
on behalf of the Commission

(7 March 1995 )

The complete information pack for the programme on the
conservation, characterization, collection and utilization of
genetic resources in agriculture was available in English on
25 January 1995 . The versions in other Community
languages await only the translation of the application
forms . They will be sent out as appropriate .

No C 190 / 12 EN Official Journal of the European Communities 24 . 7 . 95

On 26 January 1995, copies of the complete information
pack in English were sent to members of the newly created
standing committee ' genetic resources in agriculture '. On
27 January 1 995 the Commission sent copies to all who had
responded to the call for proposals . Since then the mailing
has continued in response to faxes, letters and messages
received . The Commission has sent out approximately 600
information packs . Projects that are selected for funding will
receive a copy of the model contract .

No part of the information pack was distributed by the
Commission before 26 January 1995 . Draft copies of the
work programme and draft copies of the call for proposals
were distributed to members of the programme committee
for discussion at the committee meeting on 21 November

1994 .

The Commission considers that the procedures have been
correctly followed and that it is not necessary or appropriate
to interfere with the deadline . The information pack was
available in English more than two months before the
closing date . This gives adequate time for interested parties
to prepare their submissions ( which can be made in any
Community language ).

The Commission attaches great importance to the
programme on the conservation, characterization,
collection and utilization of genetic resources in agriculture .
The Commission has made enormous efforts, and, despite
the problems which inevitably occur in the launch of any
new programme, the programme has been put into action .
The Commission is of the opinion that it is better to get on
with the practical work, than to wait until every last
administrative nicety has been completed .

WRITTEN QUESTION E-460 / 95

by Yvan Blot ( NI )

Answer given by Mr Van den Broek

Answer given by Mr Santer
on behalf of the Commission

(7 April 1995 )

On 22 March 1995 the Commission adopted a proposal for
the amendment of the Television without Frontiers

Directive which would maintain quotas for a period of ten

years .

This is therefore the official Commission position .

WRITTEN QUESTION E-468 / 95
by Alexander Langer ( V ) and Heidi Hautala ( V )

to the Commission

( 22 February 1995 )

( 95 / C 190 / 22 )

Subject : Construction of a landing strip on the island of

Gozo

According to statements by the Maltese Minister Mr Anton
Tabone, the Maltese Government intends to build a landing
strip on the small island of Gozo .

Given that in 1994 Mr Tabone discussed with a

Commission representative the drafting of an aid plan to
assist development of the island of Gozo, does the above
project come under this plan ?

Can the Commission confirm that no Community aid will
be provided for this project, which is incompatible with the
environment and with sustainable development of the
island ?

to the Commission
on behalf of the Commission

( 22 February 1995 )

( 95 / C 190 / 21 )

Subject : Statement by Jacques Santer, President of the

Commission

In a statement made to a major American daily newspaper
on 27 January 1995, the President of the Commission said
that a quota was an artificial device which could only be

temporary .

Is the President of the Commission a spokesman for the
American audiovisual industry, or was his statement an
expression of open hostility towards the position of the
French Government on the audiovisual sector ?

( 23 March 1995 )

Under the second Financial Protocol with Malta the

Commission financed a study of a development plan for
Gozo carried out by independent consultants, which did
consider the possibility of building a landing strip on the
island . However, the consultants stressed that it would be
essential to take account of the environmental impact of
such a scheme .

The Commission has received no application for financing
for a landing strip, but would naturally take account of the
implications of such a project for the environment and
sustainable development of Gozo .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 13

WRITTEN QUESTION E-472 / 95

by Carmen Fraga Estévez ( PPE )

to the Commission

( 22 February 1995 )

( 95 / C 190 / 23 )

Subject : Veterinary checks on animal products from third

countries

Can the Commission say why, in the section relating to
Spain of the Annex to Commission Decision 94 / 24 / EEC (^
drawing up a list of border inspection posts pre-selected
for veterinary checks on products and animals from
third countries and repealing Decisions 92 / 430 / EEC and
92 / 43 1 / EEC, Vigo-Villagarcia is only mentioned as an
airport, and why its port is not also listed as an inspection
post ?

(M OJ No L 18, 21 . 1 . 1994, p . 16 .

Answer given by Mr Fischler
on behalf of the Commission

( 16 March 1995 )

The Honourable Member will be pleased to know that the
border inspection post of Vigo-Villagarcia-Marin as listed in
Commission Decision 92 / 24 / EC covers both the airport and
the seaport .

WRITTEN QUESTION P-477 / 95

by Giorgio La Malfa ( ELDR )

to the Commission

( 15 February 1995 )

( 95 / C 190 / 24 )

Subject : Revision of Regulation ( EC ) No 1626 / 94 —
Fishing in the Adriatic

Council Regulation ( EC ) No 1626 / 94 ( 1 ), which prohibits
the fishing and marketing of very small fish will penalize and
be harmful to fishing activities in the Adriatic and, as as
result, to the economies of entire regions on the Adriatic
coast, such as the Abruzzi . Although the reasons behind this
Regulation are fully understandable, it does not seem to take
due account of the specific situation of the Adriatic, whose
main features are its shallowness and the large number of

small fish . The catching of such fish should be authorized
given that they do not grow any larger . Will the Commission
reconsider the criteria laid down in this regulation in order
to safeguard traditional fishing patterns in the Adriatic and
protect the region 's economy which is dependent
thereon ?

t 1 ) OJ No L 171, 6 . 7 . 1994, p . 1 .

Answer given by Mrs Bonino

on behalf of the Commission

(9 March 1995 )

Regulation ( EC ) No 1626 / 94 of 27 June 1994 laying down
certain technical measures for the conservation of fishery
resources in the Mediterranean lays down minimum mesh
sizes for codends, seine nets and other encircling nets, with
certain exceptions, which are to be eliminated by the end of

1998, for specific fisheries . It also provides for minimum
landing sizes for the main commercial species .

This Regulation, adopted in June 1994, but not
implemented until 1 January 1995, is the basis of fisheries
conservation policy in the Mediterranean, which Member
States were to support by adopting appropriate additional
measures . These measures must, in particular, prevent
operations in areas, or with fishing gear, that will lead to the
catching of undersized fish on a massive scale . The logic of
the Community 's fisheries conservation policy is to prevent
undersize fish being caught and also to prevent their sale .

The Commission was only officially informed of the
adjustment difficulties encountered by Italian fishermen at
the beginning of 1995 . It would be prepared to consider an
amendment to Regulation ( EC ) No 1626 / 94 provided that
this amendment is based on reliable scientific data . It is

essential to recognize that the minimum sizes specified in the
Regulation are generally lower than the size reached at
sexual maturity ( 42 cm for hake ) and that moreover fish
continue to grow after they have reached sexual maturity .
The Commission therefore organized, in cooperation with
the Italian authorities, a fact-finding mission from 20 to
24 February 1995 in the Adriatic with the participation of
Commission experts and experts from two Member
States .

The Commission has also addressed this issue with various

representatives of the Italian fishing industry . Other
consultation on the implementation of Regulation ( EC )
No 1626 / 94 will be organized very shortly, in particular a
meeting on the coordination of the monitoring of fishing
activity in the Mediterranean, attended by representatives
of national authorities and the Community . A meeting
of representatives of the fishing industry from the
Mediterranean group of the Fisheries Advisory Committee
took place on 1 March 1995 .

No C 190 / 14 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-493 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

WRITTEN QUESTION E-494 / 95

by Gipo Farassino ( ELDR )

to the Commission

( 27 February 1995 ) ( 27 February 1995 )

( 95 / C 190 / 25 ) ( 95 / C 190 / 26 )

Subject : Regionalization of compulsory distillation of table

wine

Subject : The responsibility of the Commission towards its

employees

In an article on the European Union the authoritative French
newspaper ' Le Monde ' of 12 January 1995 referring to the
period when Greece joined the European Community, ( in

1981 and not, as erroneously stated, in 1986 ), claimed that
Greek officials failed to reach the level required by the
European civil service and that particularly undemanding
standards were set for their recruitment . I do not know the
source of the newspaper information or findings which led it
to this conclusion . However, since it surmised that the
source was the Commission itself and since such summary
judgments are highly unflattering to the Greek officials
concerned ( many of whom now hold distinguished posts )
and detract from the prestige of the Commission itself, both
then and now, can the Commission say :

1 . whether it agrees with the findings and conclusions of

the above article and, if not,

2 . whether it will take steps to correct the impression
created by the article in the form of a suitably clear and
emphatic refutation of the statements or insinuations
contained therein ?

Answer given by Mr Liikanen

on behalf of the Commission

(4 May 1995 )

1 . The Commission obviously does not agree with the
analyses and assessments contained in the article to which
the Honourable Member refers .

2 . The Commission 's Director-General for Personnel

and Administration has written to the Director of Le
Monde ; a copy of his letter will be sent direct to the
Honourable Member .

Regulation ( EEC ) No 822 / 87 ( ] ) stipulates that, in the event
of surplus production of table wine, Member States must
provide for compulsory distillation to restore a normal
market situation .

Under Article 39 of Regulation ( EEC ) No 822 / 87, the
quantity to be distilled by producers should be equal to a
percentage of their production obtained from a progressive
scale based on the yield per hectare and the situation in each
region .

To avoid the distortions currently affecting the market in
Italy as a result of the implementing mechanism applied by
the Ministry for Agricultural, Food and Forestry Resources,
Mr Franzini Tibaldeo, with a number of other Members of
Parliament, submitted to the chamber of Deputies a bill
entitled ' Rules governing compulsory distillation on a
regional basis for the purposes of meeting Community
requirements ', which provides for a regional breakdown of
the annual volume of wine production to be made subject to
compulsory distillation .

The former Minister, Poli Bortone, has sent a letter to the
Chamber of Deputies Committee on Agriculture stating
that this bill should not be considered since it would

entail a discrepancy between Community and national
legislation .

Does the Commission consider that regionalization of
compulsory distillation would give rise to an illegal
situation ?

(') OJ No L 84, 27 . 3 . 1987, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 24 March 1995 )

The Commission does not consider that regionalization of
compulsory distillation would constitute an infringement in
the sense of contradicting the provisions of Article 39(2 ) and

( 3 ) of Regulation ( EEC ) No 822 / 87 .

The production regions referred to in Article 39(3 ) are

in fact specified in Article ( 2 ) of Regulation ( EEC )
No 441 / 88 ('), in line with the division into wine-growing
zones given in Annex IV to Regulation ( EEC ) No 822 / 87, to
take account of differences existing between Member States
as regards production, administrative structure and legal
requirements .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 15

In short Community regionalization of wine-growing zones
already exists and can always be modified by a Commission
Regulation, the Management Committee procedure
applying, provided that the new division meets requirements
of homogeneity as regards production conditions and
administrative units .

0 ) OJ No L 45, 18 . 2 . 1988 .

WRITTEN QUESTION E-5 14 / 95

by Stephen Hughes ( PSE )

to the Commission

( 27 February 1995 )

( 95 / C 190 / 27 )

Subject : Intra-Community travel

Further to the Commission 's response to Written Questions
E-2377 / 93 and E-2751 / 93 ( x ) given by Mr Vanni
d'Archirafi, what progress has the Commission made in
relation to the free movement of persons referred to in
Article 8a of the EC Treaty ?

f 1 ) OJ No C 279, 5 . 10 . 1994, p . 34 .

Answer given by Mr Monti
on behalf of the Commission

( 12 April 1995 )

With regard to the proposals for legislation already
submitted by the Commission for the elimination of checks
on persons at internal borders, the Commission would refer
the Honourable Member to its answer to Written Question
No 2761 / 94 ( J ) 

In its work programme for 1995, the Commission
announced new proposals for legislation to be added to the
existing body of Community law with a view to achieving
the objective of free movement of persons referred to in
Article 8a of the EC Treaty .

(M OJ No C 152, 19 . 6 . 1995, p . 17 .

WRITTEN QUESTION P-523 / 95

by Richard Howitt ( PSE )

to the Commission

( 15 February 1995 )

( 95 / C 190 / 28 )

Subject : Article 36 — export of calves from the UK

Under Article 36 of the Treaty of Rome a Member State can
impose export restrictions on the grounds of public policy,

public morality and amongst other things, ' the health of
animals '.

If the United Kingdom were to impose an export restriction
on calves to veal crate farms, which by its very nature would
not advantage domestic producers, this would not
constitute a means of arbitrary discrimination or disguised
restriction on trade between Member States .

Could the Commission confirm that a unilateral ban on

exports from the United Kingdom to Europe of calves would
be possible under Article 36 of the Treaty of Rome ? Would
the Commission agree that Article 36 could also be used in
this case, as the public outrage voiced in the UK constitutes a
risk to public morality and public policy ?

Answer given by Mr Fischler
on behalf of the Commission

( 24 March 1995 )

Minimum standards for the protection of calves reared
under intensive farming systems are currently contained in
Directive 91 / 629 / EEC f 1 ). The text ( Article 11 ( 2 )) allows
Member States, in compliance with the general rules of the
EC Treaty, to maintain or apply within their territories
stricter provisions for the protection of calves than those
laid down in the Directive .

Article 6 of the Directive also establishes a procedure
whereby further proposals in this domain may be made by
the Commission not later than 1 October 1997 following a
report drawn up on the basis of an opinion of the scientific
veterinary committee . The Commission has proposed that
this report should be brought forward to the end of

1995 .

Although the current Directive allows a Member State to
maintain within its own territory standards for calf rearing
higher than the minimum, the text makes no provision for a
Member State to prohibit the transfer of calves to another
Member State where rearing of calves in individual boxes or
by tethering in stalls is permitted, subject to the observance
of the minimum standards provided for in the Directive .
Such a prohibition could be regarded as frustrating the
achievement of the aims of the Directive . In these

circumstances the Commission would maintain that a

Member State may not appropriately invoke Article 36 of
the EC Treaty .

Furthermore, Article 6 of the Directive has in effect provided
a procedure to update its provision taking advantage of the
latest scientific knowledge . A Member State should not act
unilaterally to ban exports without taking account of this
procedure . To do so, could be regarded as a breach of that
Member State 's obligation to facilitate the achievement of

No C 190 / 16 EN Official Journal of the European Communities 24 . 7 . 95

the tasks of the Community under Article 5 of the EC
Treaty .

0 ) OJ No L 340, 11 . 12 . 1991 .

WRITTEN QUESTION E-534 / 95
by Joan Colom i Naval ( PSE ), Juan Fabra Vallés ( PPE ),
Concepció Ferrer ( PPE ), Carles - Alfred Gasóliba i Bóhm
( ELDR ), Antonio Guriérrez Díaz ( GUE / NGL ), Anna
Terrón i Cusí ( PSE ) and Joan Vallvé ( ELDR )

to the Commission

(1 March 1995 )

{9 SIC 190 / 29 )

Subject : Support for hazelnut production in the
Community

The hazelnut sector is suffering a serious crisis caused by the
increase in production costs and the fall in prices, and
marketing problems connected with imports from third
countries .

At the Part-Session in February 1994 Parliament
unanimously adopted a resolution ( A3-21 / 94 ) (') calling for
urgent measures to support Community production of
hazelnuts, such as revision of tariff concessions, increased
protection at borders and financial support of ECU 1 000
per hectare or ECU 0,47 per kilo for hazelnuts in their
shells .

What has the Commission done or what does it plan to do to
put into effect the action advocated in this resolution ?

Community producers have found themselves unable to
adapt to market requirements or organize themselves to
maintain their competitiveness . To make good this situation
the Council in 1989 adopted a set of provisions designed to
promote the formation of producers ' organizations, the
implementation of quality and marketing improvement
plans, the establishment of operating funds and
promotional action .

Fluctuations in the crop seriously affect hazelnut prices .
Production, which is very sensitive to weather pattern
variations, is concentrated in certain parts of Turkey, which
accounts for 75 % of world production and 80 % of world
trade in hazelnuts . The Community imports 90 % of surplus
Turkish production to cover 60% of its consumption .

The last few years have seen serious disturbance : a very
abundant crop ( 1992 / 93 ) and very low prices, followed by a
very poor crop ( 1993 / 94 ) resulting in very high prices .

The Commission considers that these problems, which
could well worsen and give rise to a permanent imbalance
between supply and demand if expansion of hazelnut
production in Turkey continues, call for close cooperation
with the Turkish authorities in an effort to regulate the flow
of exports and so avoid a situation arising in the Community
obliging it to resort to protective measures . The
Commission is at the moment working to this end .

WRITTEN QUESTION P-547 / 95

by Honorio Novo ( GUE / NGL )

to the Commission

t 1 ) OJ No C 61, 28 . 2 . 1994, p . 226 . ( 20 March 1995 )

( 95 / C 190 / 30 )

Answer given by Mr Fischler
on behalf of the Commission

( 24 March 1995 )

The Community 's international commitments do not
permit increased border protection for hazelnuts . The
existing protection, a 4 % customs duty, will gradually be
reduced by 20 % under the recent GATT Agreement .

The 25 000 tonne zero-duty quota granted to Turkey under
that country 's Association Agreement with the Community
can have no more than a marginal impact on the market .
The advantage enjoyed is rather small ( four percentage
points ) and the volume involved is less than one quarter of
total hazelnut imports .

The choice made of relatively weak border protection is
justified by the shortfall of producton in the face of
expanding industrial demand for products of suitable
quality .

Subject : Portuguese applications for assistance - under the

Urban initiative

Selection of the applications to be submitted by Portugal for
assistance under Urban — there will be six, according to the
information available — hs been giving rise to heated
controversy among the public at large, especially in the
north of the country .

The principal bone of contention during the last few months

has been the failure of the Portuguese Government to
observe the basic criterion laid down in the Regulation
whereby the towns and cities selected must have a
population over 100 000 .

Adding to the argument is the fact that the Government
apparently negotiated the six applications in question in
advance and omitted to inform other potential applicants in
time . The latter could nevertheless not be prevented from

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 17

submitting their projects, but these were, of course, rejected
— the most spectacular case to have come to light is that of
Vila Nova de Gaia, which, by virtue of the criterion referred
to above, would be entitled to preferential treatment .

Will the Commission, as a matter of principle, give priority
to the above criterion when it examines the projects to be
submitted by the Portuguese Government ? Is it willing to
describe the entire procedure followed in Portugal in
connection with Urban, indicating what selection criteria
were used by the Portuguese Government ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

using the best available technology . A technical solution to
this problem would be to incorporate a return system, which
would considerably reduce pollution . Unfortunately,
however, this solution has been rejected, until now .

Does the Commission take the view that the project for a
power transmission link between Denmark and Germany
has complied with the rules on the use of the best available
technology ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 28 April 1995 )
( 15 March 1995 )

The Commission notice concerning the Community
initiative Urban was published in the Official Journal of

1 July 1994 (*) and thus made available to the general
public . The Member States wishing to benefit from the
initiative were invited to present operational programmes
within a period of four months after publication of the
notice .

According to the notice, local and other authorities and the
social partners were to be involved in the drawing up and
implementation of the programmes in line with the
mechanisms apropriate to each Member State .

The six projects which were presented by the Portuguese
authorities in conformity with the Commission notice are all
located in the metropolitan areas of Lisbon and Porto thus
fulfilling the selection criterion that the projects be situated
in a limited number of urban areas in cities or urban

agglomerations with a population greater than 100 000
inhabitants .

(') OJ No C 180, 1 . 7 . 1994 .

WRITTEN QUESTION E-561 / 95

by Lilli Gyldenkilde ( GUE / NGL )

to the Commission

(1 March 1995 )

( 95 / C 190 / 31 )

Subject : Discharge of chlorine

It is planned to build an electrode installation serving the
power transmission link between Denmark and Germany,
which will result in chlorine being discharged into the
environment . There is considerable disagreement about the
quantity of chlorine likely to be discharged, but the latest
figure is 4,2 tonnes per annum .

In accordance with the provisions relating to the EU 's list of
environmentally harmful substances, the release of such
substances into the environment must be avoided altogether
or, where this is not practicable, limited as far as possible by

Chlorine is not on the list of dangerous substances to
which the Honourable Member refers . This list relates to
Annex I to Council Directive 76 / 464 / EEC f 1 ) on pollution
caused by certain dangerous substances discharged into
the aquatic environment ( see implementing Directives :
82 / 176 / EEC ( 2 ), 83 / 513 / EEC ( 3 ), 84 / 156 / EEC ( 4 ), 84 / 491 /
EEC ( 5 ), 86 / 280 / EEC ( 6 ), 88 / 347 / EEC ( 7 ) and 90 / 415 /
EEC ( 8 )) and comprises the following substances : aldrin,
dieldrin, endrin, isodrin, DDT and its derivatives, cadmium
and its compounds, mercury and its compounds, carbon
tetrachloride, chloroform, 1,2-dichloroethane, hexachloro ­
benzene, hexachlorobutadiene, hexachlorocyclohexane,
pentachlorophenol, tetrachloroethylene, trichlorocyclo ­
hexane, trichlorobenzene ( technical mixture ), 1,2,4-tri ­
chlorobenzene, trichloroethylene . Furthermore, this
Directive does not introduce the concept of ' best technology
available ' but only the ' best technical means available '.

However, chlorine is included in a list of substances annexed
to Council Directive 84 / 360 / EEC on combating air
pollution from industrial plants ( 9 ), which advocates the use
of the ' best available technology not entailing excessive
costs ' to fix emission limit values . However, this Directive
does not apply to the case in question, since the industrial
activity described is not covered by the Directive and the
discharges concern the aquatic environment . In any event,
the Directive clearly indicates that it is for the authorities in
the Member States, and not the Commission, to ensure that
established emission limit values are respected, using the
' best available technology not entailing excessive costs '.

The Commission therefore has no means of intervening in
the case presented by the Honourable Member regarding
the choice of available technologies .

(•) OJ No L 129, 18 . 5 . 1976 .

( 2 ) OJ No L 81, 27 . 3 . 1982 .

( 3 ) OJ No L 291, 24 . 10 . 1983 .

( 4 ) OJ No L 74, 17 . 3 . 1984 .

( 5 ) OJ No L 274, 17 . 10 . 1984 .

( 6 ) OJ No L 181, 4 . 7 . 1986 .

( 7 ) OJ No L 158, 25 . 6 . 1988 .

( 8 ) OJ No L 219, 14 . 8 . 1990 .
O OJ No L 188, 16 . 7 . 1984 .

No C 190 / 18 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-562 / 95

by Willi Rothley ( PSE )

to the Commission

(1 March 1995 )

( 95 / C 190 / 32 )

Subject : EEIG

Council Regulation ( EEC ) No 2137 / 85 of 25 July 1985 on
the European Economic Interest Grouping ( EEIG ) ( J ) for
the first time created a type of company under European
law . It would therefore be instructive to know whether

industry has displayed interest in this type of enterprise .

1 . How many EEIGs are there in the European Community
now ?

2 . What is the breakdown by Member State ?

3 . Are any figures available concerning the total number of
people employed by EEIGs ?

4 . Are any figures available concerning the average number
of employees per EEIG ?

t 1 ) OJ No L 199, 31 . 7 . 1985, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

(3 April 1995 )

1 . Council Regulation ( EEC ) No 2137 / 85 of 25 July
1985 on the European Economic Interest Grouping ( EEIG ),
which has applied since 1 July 1989, fully meets the
requirements of economic operators by providing them with
a legal instrument that can be adapted to a wide variety of
transnational cooperation situations .

The interest displayed by industry in EEIGs is amply
illustrated by the number of enterprises of this type set up to
date ( 616 at 31 January 1995 ) and by the wide range of
activities represented . It should be noted that several EEIGs
have been established to carry out surveys prior to the
construction of trans-European transport networks .

2 . The breakdown of EEIGs between the Member States

is as follows :

Belgium 175,

France 158,

United Kingdom 61,

Germany 51,

Netherlands 47,

Italy 28,

Spain 23,

Portugal 11,

Luxembourg 10,

Ireland 4,

Denmark 3,

Greece 3 .

No incorporations have yet been published in the new
Member States .

3 . and 4 . The Commission does not have detailed
information on the number of people employed by
EEIGs .

WRITTEN QUESTION E-571 / 95

by Giacomo Leopardi ( FE )

to the Commission

(6 March 1995 )

( 95 / C 190 / 33 )

Subject : Pollution of sea water by animal manure

There have been reports that some Dutch breeders are
taking young pigs on board ships in eastern European ports
and ' rearing ' them at sea for approximately four months
before unloading them in the Port of Rotterdam for
slaughter .

Given that the manure produce is discharged directly into
the sea, would the Commission agree that the large vessels
used, which are specially fitted-out for the weaning and
fattening of pigs, must be a major source of pollution ?

Answer given by Mr Kinnock

on behalf of the Commission

( 10 May 1995 )

The discharge into the sea of pollutants from ships is
regulated by the International convention for the prevention
of pollution from ships ( Marpol ) which was adopted by the
International maritime organization ( IMO ) in 1973 .

Requirements covering the various sources of ship ­
generated pollution are contained in five annexes to the
convention . Annex IV deals with prevention of pollution by

sewage .

All the annexes of the convention have entered into force

with the exception of Annex IV . This has not yet entered
into force as the required number of ratifications has not
been met . This Annex does not have the highest priority for

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 19

the maritime countries . Other discharges from ships, such as
residues of oil and chemicals, have been considered to
require a higher priority .

However, the IMO is presently working on a revision of
Annex IV as the present text was developed at the beginning
of the seventies and the parties to the Marpol convention are
of the opinion that an update of the regulations of Annex IV
is appropriate . It is expected that the revision will be
finalised soon and this will encourage States to ratify the

annex .

The discharge into the sea of drainage from animals,
including pigs, will then be regulated by the Marpol
convention .

WRITTEN QUESTION E-5 95 / 95

by Hugh McMahon ( PSE )

to the Commission

(6 March 1995 )

( 95 / C 190 / 34 )

WRITTEN QUESTION P-638 / 95

by James Nicholson ( PPE )

to the Commission

( 28 February 1995 )

( 95 / C 190 / 35 )

Subject : Illegal State aids to French pig producers

Last year the Commission offered the French authorities a
31 January 1995 deadline to confirm that they would
undertake to retrieve the fund granted to their pig producers

( the Stabiporc Adjustment Fund ) as it was viewed as a form
of illegal State aid . Now that this deadline has passed
without any positive response from the French authorities,
will the Commission undertake to act immediately and take
the appropriate legal action againt this country ?

Does the Commission agree that it should demonstrate to
the other Member States that it will not tolerate French

inaction on domestic measures which continue to

contravene Community law ?

Answer given by Mr Fischler

Subject : Equal opportunities in the Commission on behalf of the Commission

(J 5 March 1995 )

During the investiture debate, the President of the
Commission promised Parliament that he would take
charge of the equal opportunities portfolio in the
Commission . How many meetings of this committee have
taken place and when will it publish its deliberations ?

Answer given by Mr Santer
on behalf of the Commission

The Commission decided on 27 July 1994 ( Decision
94 / 813 / EC ) ( ! ) that the French Government should abolish
the aid measures granted to French pig producers through
the Stabiporc adjustment fund and recover the part of the
aid exceeding that which could be approved by the
Commission .

( 31 March 1995 ) The French Government sent its response on the 31 January

1995 . The Commission is presently examining this response
and will take a decision on this matter when this

examination is completed .
The group of Commission Members on equal opportunities
and women 's rights was established by Commission
Decision on 25 January . In the event that a Member State does not comply with a

It met for the first time on 3 March, and agreed to meet every
two months .

Records of group meetings are internal Commission
documents and are not published .

In the event that a Member State does not comply with a
Commission final negative decision involving recovery of
aid, the Commission or any interested Member State may
refer the matter to the Court of Justice, citing Article 93(2 )
second indent of the EC Treaty .

H OJ No L 335, 23 . 12 . 1994 .

No C 190 / 20 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-656 / 95

by Ivar Virgin ( PPE )

to the Commission

( 10 March 1995 )

( 95 / C 190 / 36 )

Subject : Reduction of carbon dioxide emissions

In the agreement on climate, the Commission stated that the
Member States should attain the 1992 Rio Conference
targets, i.e. stabilization of carbon dioxide emissions by the
year 2000 at the 1990 level . This is a low target compared
with the 1988 Toronto Conference which aims to reduce
carbon dioxide emissions in the industrialized countries by
20 % by the year 2005 . However, it would still seem difficult
to achieve the Commission 's target .

One element of the Commission 's strategy has been to
propose a carbon dioxide tax . The Council of Ministers has
not agreed to this but there is a need to carry on pressing for
controls of this type .

1 . Does the Commission have a strategy for further
reducing carbon dioxide emissions in future ?

2 . Does the Commission see any possibility of submitting a
proposal along the same lines as the 1988 Toronto
Agreement ?

3 . Will the Commission submit proposals to share the
burden, i.e. make specific requirements of individual
countries regarding carbon dioxide emissions ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 28 April 1995 )

1 . The Commission is seeking the highest degree of
control possible of carbon dioxide and other greenhouse gas
emissions . On 1 March 1995 the Commission adopted a
working document on climate change strategy for the years
beyond 2000 . This paper is a preliminary analysis of what
can be achieved — and how — by the year 2010 . It sets out
options in terms of policies and instruments for CO2
emissions limitations and highlights the benefits of
integrating the climate change problem into energy,
taxation, R&D and transport policies and policies
on cooperation with third countries, indicates the
technological potential that could lead to a 10 % reduction
of C0 2 emissions in 2010 compared to 1990 . Greater
reductions of C0 2 are also possible with the use of the
options identified in the paper, but could entail higher

costs .

2 . A more detailed strategy, including concrete measures,
will be elaborated at a later stage in the light of deliberations
in the Council and Parliament as well as during the first
conference of the parties to the framework convention on
climate change . In parallel a communication for the Council
on methane is currently under preparation . In this effort the
Commission will examine the possibility of submitting
proposals that will achieve the greatest reduction of C0 2
and other greenhouse gas emissions possible .

3 . The Commission 's proposals in this area are always
intended for the Community as a whole . The Council
conclusions of October 1990 setting the stabilization
objective for Community emissions by 2000 at the level of
1990, also recognised the principle of burden sharing, i.e.
that ' some Member Countries with, as yet, relatively low
energy requirements, which can be expected to grow in step
with their development, may need targets and strategies
which can accommodate that development, while
improving the energy efficiency of their economic activities '.
In its submission of further proposals in this area the
Commission will take this principle into account .

WRITTEN QUESTION E-657 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

( 10 March 1995 )

( 95 / C 190 / 37

Subject : Withdrawal of Spanish oranges from the cafeteria

of the Senate of the Italian Republic

The recent incident provoked by an Italian Senator of the
National Alliance Party has led to all citrus fruit of Spanish
origin consumed in the cafeteria of the Senate of the Italian
Republic being definitively withdrawn .

Her cry of ' We've had enough of Spanish oranges !' and her
clamorous denunciation of ' the old political class that
ruined Italian agriculture ' constitute nothing less than
unconditional condemnation of the rules of the free market,
which are one of the fundamental pillars upon which our
European Union rests .

Since one can only express extreme surprise at both the
unfortunate attitude of the Italian Senator and the decision
of the Italian Senate authorities to agree to withdraw the
Spanish oranges from their cafeteria as a result of the
imprecations hurled by the Senator, does the Commission
agree that it has a duty to criticize the anti-free market
attitude taken by Mrs Moltisanti and the attitude of the
relevant authorities, who allowed the Spanish citrus fruit to
be withdrawn from the cafeteria of the Senate of a Member

State of the European Union ?

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 21

Answer given by Mr Fischler The results of this study will be made available to the
on behalf of the Commission Institute for prospective technological studies ( IPTS ), which

( 23 March 1995 ) at observatory the same activities time, is with getting Member acquainted States ' programmes, through its . A

network of national observatories is being set up by IPTS,
The Commission finds Mrs Moltisanti 's action in the and one aim is to exchange information on activities
cafeteria of the Italian Senate and the withdrawal of Spanish relevant to all the partners .
oranges from that cafeteria hardly reconcilable with the
spirit of the Single Market . They should not however be
accorded any importance they do not merit .

Answer given by Mr Fischler
on behalf of the Commission

( 23 March 1995 )

If on the other hand this incident leads Italian politicians to
engage in a campaign against Spanish citrus fruit or of the
single ' buy national ' type that might affect trade the
Commission would obviously take appropriate action .

WRITTEN QUESTION E-659 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

( 10 March 1995 )

( 95 / C 190 / 38 )

Subject : National contributions to Community prospective

technology

Can the Commission provide the names of programmes
similar to the UK Foresight Programme 1994 / 95 on which
the Member States provide it with information ?

Will these programmes be taken into account in
programming the work of the Institute of Prospective
Technology which has just opened in Seville ?

Answer given by Mrs Cresson

on behalf of the Commission

( 28 April 1995 )

A number of Member States have recently conducted or are
conducting foresight type exercises . One was conducted in
Germany in 1992 and a joint Germano-Japanese seminar
was held in 1994 . During the past year France launched the
first stage of a foresight programme and the British
administration launched its technology foresight
programme . There are similar activities in the
Netherlands .

In order to supplement the formal exchange of information
which takes place between Member States at Crest
( Scientific and Technical Research Committee ), the
Commission has recently launched a study entitled
' Technology foresight : perspectives for European and
international cooperation ' which will provide a report in
early 1996 on the current situation and prospects for the
future .

WRITTEN QUESTION E-726 / 95

by María Izquierdo Rojo ( PSE )

to the Commission

( 15 March 1995 )

( 95 / C 190 / 39 )

Subject : European aid to the Euro-Arab School of
Administration in Granada

Given that I have promoted the progress and advancement
of the Euro-Arab School in Granada, and in view of my
long-term interest in the follow-up to the project and its
further improvement, will the Commission supply details of
the ECU 8,3 million grant which it has decided to award to
the School and of the regulations governing it ?

Answer given by Mr Marin
on behalf of the Commission

(7 April 1995 )

As the Commission indicated in its reply to the Written
Question No 2190 / 94 of the Honourable Member, the
financial assistance to be provided by the Commission
will be ECU 8,3 million . In the additional information
sent directly to the Honourable Member and to the
Parliamentary Secretariat, a breakdown was given of the
proposed expenditure and staffing of the Euro-Arab
management school ( EAMS ) which is expected to begin its
activity in late October 1995 .

The amount of ECU 8,3 million will be divided essentially
into three parts :

— cost of setting up and launching of the management

school, including the provisions of statute and a legal
basis ( ECU 300 000—400 000 );

— a subsidy by the Commission for the academic years

1995 / 96 and 1996 / 97 to cover part of the costs of
developing the EAMS ( some ECU 1 million a year );

— the provision of ECU 6 million to the legal entity

' Euro-Arab Management School ' for an endowment
fund, which will be overseen by the governing council of
the school . The intention of the endowment fund is to

render the school independent ( as requested by the 1984
parliamentary resolution ) by providing a regular income

No C 190 / 22 EN Official Journal of the European Communities 24 . 7 . 95

from the investment of the sum . Recent contacts by the
Commission with senior officials of the Arab League and
Arab financial institutions have indicated interest in

contributing extra finance to the endowment fund, to
increase the quantity of interest available to support the
school . In view of the fact that EAMS is designed to be a
Euro-Arab institution, the Commission would naturally
welcome additional assistance from the Arab

partners .

It is to be noted that the members of the governing council of
EAMS will include contributors to the endowment fund

and to the establishment of the school . In this context,
the Spanish Government will be one of the institutions
represented on the governing council in view of its
contribution of the equivalent of ECU 9,9 million to the
EAMS in the form of furnished and maintained buildings in
Granada .

WRITTEN QUESTION E-733 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 15 March 1995 )

( 95 / C 190 / 40 )

Subject : Potential of the Community 's audiovisual
industry

The 1989 ' television without frontiers ' Directive needs to be

adapted to the new requirements of the market .

Can the Commission, in a new ' television without frontiers '
Directive, ensure maintenance of the broadcasting quotas
required to encourage the production of European works so
that there is no need to have recourse to imported
products ?

Can the Commission also update the Media 2
programme ?

Finally, can it do its utmost to restore excise duty to 1 % of
the Structural Funds precisely in order to give a new impetus
to the audiovisual industry and enable it to win back the
markets ?

Answer given by Mr Oreja
on behalf of the Commission

( 28 April 1995 )

As the Honourable Member states, the television without
frontiers Directive needs adjusting to new market
requirements . In accordance with Article 26 of the Directive,
the Commission adopted a report on its application and a
proposal for a Directive amending it on 22 March .

The Commission proposal preserves the obligation for
European broadcasters to broadcast a majority of European
works, while giving some types of broadcasters ( thematic
channels ) the option between the obligation to broadcast
and the obligation to invest in European works .

The Commission has already sent the Council a proposal
for a Decision on the Media II programme ( ! ), which takes
into account the assessment of the 1991-1 995 Media

programme and the results of consultations with
professional circles carried out in 1994 on the basis of the
Green Paper on the strengthening of the European
programmes industry .

It is currently studying various options on the
implementation of a financial instrument that would
significantly increase investment in audiovisual production
in Europe .

(') COM(94 ) 52.5 .

WRITTEN QUESTION E-740 / 95

by Frederik Willockx ( PSE )

to the Commission

( 15 March 1995 )

( 95 / C 190 / 41 )

Subject : Consumer protection in respect of electronic

means of payment

What precise progress has been achieved with consumer
protection in respect of electronic means of payment ? In its
answer to Written Question No 1498 / 91 ('), the then
Commission reported that its services would be monitoring
implementation of recommendation 88 / 590 / EEC ( 2 ) in
early 1992 . The question is whether the dialogue between
the commercial sector and the Commission and the

self-regulatory approach have produced the desired effect .
In other words, do the codes of conduct which have been
drawn up by the leading banks and the commercial sector
issuing bank cards satisfy all the requirements listed in the
abovementioned recommendation ? What about the other

banks which issue bank cards ?

If the Commission is forced to the conclusion that its

recommendation has not been complied with, or not
complied with in full, am I to take it that it will submit a
proposal for a Council Directive within the near future ?

Í 1 ) OJ No C 38, 15 . 2 . 1992, p . 29 .

( 2 ) OJ No L 317, 24 . 11 . 1988, p . 55 .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 23

Answer given by Mrs Bonino

WRITTEN QUESTION E-758 / 95

on behalf of the Commission

by Wolfgang Kreissl-Dörfler ( V )
(2 May 1995 ) to the Commission

( 15 March 1995 )

( 95 / C 190 / 42 )

Recommendation 88 / 590 / EEC concerns the relationship
between card holder and card issuer . It defines the content of

certain terms of contracts offered to consumers .

The Commission has carried out several surveys to monitor
implementation of this recommendation ; the most recent,
carried out in the first half of 1994, focused on terms of
contracts concerning loss or theft of cards .

The surveys show that, although some of the provisions
have been only partially implemented, implementation of
the recommendation is generally improving year by year .
Nevertheless, incresaed use of PIN numbers is leading to a
growing body of national case law, which, at present, is very
disadvantageous to the consumer and contrary to the
provisions of the recommendation .

The Commission has recently launched a survey on
' transparency ', which is not covered fully in the 1988
recommendation . The survey will probably be completed by
summer 1995 .

Subject : Protection of live animals during transport

Which Member States of the Community have lairage
facilities for animals transported live to slaughter ?

How many such lairage facilities ( both public and private )
are there ?

When were they set up ?

How many animals ( by species ) do these facilities cater for
each year ?

How many animals ( by species ) die during transport ?

What was the extent of the loss in ECU ?

What percentage of the damage was compensated
by insurance covering the transport of animals for
slaughter ?

Finally, other electronic payment systems are now being Answer given by Mr Fischler
developed, such as pre-paid cards and various forms of on behalf of the Commission
telebanking ( see Commission reply to Written Question
No 1481 / 93 ) ( } ). Studies are being carried out on some of ( 11 May 1995 )
these, in particular the introduction and use of prepaid
cards, and all parties concerned are being consulted ; this
process should be completed by summer .

( 11 May 1995 )

By summer 1995, therefore, the Commission should be in a
position to decide whether the recommendation needs
updating to ensure that the consumer 's rights are protected
in all forms of electronic payment, not only in conventional
credit card transactions .

( 1 ) OJ No C 289, 17 . 10 . 1994 .

All slaughterhouses in the Community have lairage facilities
for the animals which they receive . The Commission is not
aware of any lairages for slaughter animals owned or
operated by Member States .

Transport firms are responsible for organizing lairage
facilities for animals which need to be rested during
transport . The Commission is not informed of the number
or nature of these facilities . No official records are kept of
the numbers of animals dying during transport .

The question of insurance for animals during transport is a
private matter arranged by the companies involved .

No C 190 / 24 EN Official Journal of the European Communities 24 . 7 . 95

QUESTION P-790 / 95 established in the Community, or any company established

Kaklamanis ( RDE ) under the legislation of a Member State : the registered

the Commission office, central administration or main establishment of

which is in a Member State, which is engaged in the
(7 March 1995 ) manufacture, processing, trading, forwarding or tansport of

( 95 / C 190 / 43 ) products supplied as food aid '.

WRITTEN QUESTION P-790 / 95

by Nikitas Kaklamanis ( RDE )

to the Commission

( 95 / C 190 / 43 )

Under the current procedure, invitations to tender are
Subject : Sea transport of Community food aid published in the Official Journal of the European
Communities, to which all companies interested in
supplying food aid have access . The results of the tendering

There continue to be serious shortcomings in the system of procedure are also published in the Official Journal . The
transporting Community food aid by sea ( lack of procedural Commission is of the opinion that this amply guarantees the
transparency, coordination, high cost of transport ) which requisite transparency of food aid operations .

There continue to be serious shortcomings in the system of
transporting Community food aid by sea ( lack of procedural
transparency, coordination, high cost of transport ) which
are creating a burden for European taxpayers and
undermining the humanitarian purpose of the whole
enterprise . In addition, the EU Court of Auditors has
unfortunately detected irregularities in the management of
Community funds for humanitarian aid .

Will the Commission say :

1 . what it intends to do to amend / improve Regulation

According to the information available to the Commission,
the prices obtained for the purchase and transport of these
products are comparable to those obtained by other
international and non-governmental organizations . A study
is currently being carried out on the transport costs of
operations carried out by the Commission and those carried
out by certain beneficiary organizations .

( EEC ) No 2200 / 87 (') ( as amended by Regulation ( EEC )
No 790 / 91 ( 2 )) concerning the transport of food aid by
sea to the developing countries ? Does it think it would
be useful to study the current system successfully
operated by the UN Food and Agriculture Organization

sea to the developing countries ? Does it think it would The Commission does not believe that the creation of a
be useful to study the current system successfully specialist unit to organize food and transport operations
operated by the UN Food and Agriculture Organization would improve the system . The current system, under which

( FAO ) or, alternatively, to entrust the chartering of sea the party awarded the contract is solely responsible for the
transport to a specialist Commission unit ? quantity and quality of the food aid delivered to its final

destination (a stage beyond the traditional CIF terms ),
provides better guarantees . The Commission sees no reason

is the legal basis on which food aid is shipped to to change this system, in which its monitors play an active

other countries ( eastern Europe and the former Soviet and pivotal role ; it was introduced under the food aid
Union ), which is not covered by Regulation ( EEC ) reforms of 1986 and has since performed to the entire

No 2200 / 87 ? satisfaction of the Commission .

( FAO ) or, alternatively, to entrust the chartering of sea
transport to a specialist Commission unit ?

2 . what is the legal basis on which food aid is shipped to

other countries ( eastern Europe and the former Soviet
Union ), which is not covered by Regulation ( EEC )

(') OJ No L 204, 25 . 7 . 1987, p . 1 .
( 2 ) OJ No L 81, 28 . 3 . 1991, p . 108 . Any revision of Regulation ( EEC ) No 2200 / 87 should be
conceived as a technical exercise designed to improve the
rules in the light of experience .

Answer given by Mr Pinheiro

on behalf of the Commission

( 20 April 1995 )

As regards the free delivery of food cargoes to eastern
Europe and the Former Soviet Union, separate regulations
have been adopted for each operation . The EEC Regulations
concerned are : ( EEC ) No 598 / 91 ( ! ), ( EEC ) No 330 / 92 ( 2 )
and ( EEC ) No 3767 / 91 ( 3 ), ( EEC ) No 3861 / 91 ( 4 ) and

( EEC ) No 2335 / 92 ( 5 ), ( EEC ) No 2938 / 91 ( 6 ), ( EEC )
No 3860 / 91 ( 7 ) and ( EEC ) No 3106 / 92 ( 8 ), ( EEC )
The Commission does not agree that the current No 2139 / 92 ( 9 ) and ( EEC ) No 2793 / 92 ( 10 ) and ( EEC )
organization of food aid supplies lacks transparency . No 1999 / 94 (").

As Article 2 of Regulation ( EEC ) No 2200 / 87 of 8 July 1987
provides, contracts to supply these products are awarded on
the basis of invitations to tender that are open ' to any
natural person who is a national of a Member State and

To conclude, for the transport of food aid to eastern Europe
and the Former Soviet Union, the Commission either applies
procedures similar to those laid down in Regulation ( EEC )

24 . 7 . 95 [ EN Official Journal of the European Communities No C 190 / 25

No 2200 / 87, or entrusts the transport operation to the
NGOs to whom the food aid is awarded .

(!) OJ No L 67, 14 . 3 . 1991 .

( 2 ) OJ No L 36, 13 . 2 . 1992 .

( 3 ) OJ No L 356, 24 . 12 . 1991 .

( 4 ) OJ No L 362, 31 . 12 . 1991 .

( s ) OJ No L 227, 11 . 8 . 1992 .

( 6 ) OJ No L 280, 8 . 10 . 1991 .

( 7 ) OJ No L 362, 31 . 12 . 1991 .

( 8 ) OJ No L 312, 29 . 10 . 1992 .
H OJ No L 214, 30 . 7 . 1992 .

10 ) OJ No L 282, 26 . 9 . 1992 .
") OJ No L 201, 4 . 8 . 1994 .

WRITTEN QUESTION E-791 / 95

by Freddy Blak ( PSE ) and Niels Sindal ( PSE )

to the Commission

( 20 March 1995 )

( 95 / C 190 / 44 )

Subject : Professional football

Does the Commission intend to take steps, together with
Fifpro, UEFA and FIFA, to put football 's internal
complaints system in order ?

WRITTEN QUESTION E-794 / 95

by Freddy Blak ( PSE ) and Niels Sindal ( PSE )

to the Commission

( 20 March 1995 )

(9 SIC 190 / 47 )

Subject : Professional football

Disputes between football players and football clubs can
only be resolved within FIFA 's internal system of arbitration
tribunals, to which no player can refer a matter on his own
initiative .

There are no written procedural rules and decisions are
taken solely by arbitrators who are recruited from the clubs
and do not possess adequate legal expertise . If a player opts
to refer a matter to an ordinary court, he is then not allowed
to continue playing football .

This being the case, does the Commission consider such
practices to be compatible with the principles of free
movement of labour, open and free competition and
fundamental human rights ?

WRITTEN QUESTION E-795 / 95
WRITTEN QUESTION E-792 / 95 by Freddy Blak ( PSE ) and Niels Sindal ( PSE )
to the Commission
by Freddy Blak ( PSE ) and Niels Sindal ( PSE )

to the Commission ( 20 March 1995 )

( 20 March 1995 ) ( 95 / C 190 / 48 )

( 95 / C 190 / 45 )

Subject : Professional football

Subject : Professional football

Does the Commission consider the application by some
national football associations of rules on the maximum

number of foreigners allowed to play in a given team at any
one time to be compatible with the principles of free
movement ?

WRITTEN QUESTION E-793 / 95

by Freddy Blak ( PSE ) and Niels Sindal ( PSE )

Does the Commission intend to take steps, together with
Fifpro ( the players ' organization ), UEFA and FIFA, to put
the transfer system in order ?

WRITTEN QUESTION E-796 / 95

by Freddy Blak ( PSE ) and Niels Sindal ( PSE )

to the Commission

to the Commission ( 20 March 1995 )

( 20 March 1995 ) 95 / C 190 / 49 )

( 95 / C 190 / 46 )

Subject : Professional football .

What are the Commission 's thoughts, with a view to the

1996 Intergovernmental Conference, on the introduction of
an article relating specifically to sport ? Is it contemplating
rules which give sports organizations the right to operate
their own transfer systems and which differ from the rules
which apply to the rest of the labour market ?

Subject : Professional football

Does the Commission consider the situation whereby the
transfer system to all intents and purposes allows big
football clubs to keep smaller clubs out of the running by
ensuring that they are never able to buy really good, and
hence expensive, players to be compatible with the
principles of open and free competition ?

No C 190 / 26 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-797 / 95

by Freddy Blak ( PSE ) and Niels Sindal ( PSE )

Answer given by Mr Van den Broek

on behalf of the Commission

to the Commission ( 11 May 1995 )

( 20 March 1995 )

( 95 / C 190 / 50 )

Subject : Professional football

Does the Commission consider the existence, in the world of
professional football, of a transfer system under which
young players in particular are practically tied to clubs for
up to three years after their contracts have expired to be
compatible with the principles of free movement ?

Joint answer to Written Questions
E-791 / 95, E-792 / 95, E-793 / 95, E-794 / 95, E-795 / 95,

E-796 / 95 and E-797 / 95

given by Mr Flynn
on behalf of the Commission

( 12 May 1995 )

Regarding the issue of whether the transfer system and
nationality rules are compatible with Community law, the
Commission would refer the Honourable Members to the
answer given to Mr Kostopoulos 's Written Question
No 895 / 94 ('). The Commission wishes to add that the
Bosman Case is to be heard by the Court of Justice on
20 June 1995 .

In the same context, the Commission notes that the
introduction of a request for a preliminary ruling from the
Court in the Bosman Case shows that professional
footballers may rely upon the direct effect of Articles 48, 85
and 86 of the EC Treaty in bringing actions before national

courts .

f 1 ) OJ No C 349, 9 . 12 . 1994 .

Cyprus formally applied for membership of the Union on
3 July 1990 . At its meeting of 17 September 1990, in line
with the relevant procedure, the Council instructed the
Commission to draft an opinion on this application .

The Commission presented its opinion to the Council in July

1993 . While pointing to the problem posed by the de facto
division of the island, this document otherwise judged
Cyprus to be eligible for membership . On 4 October 1993
the Council undertook to re-examine Cyprus ' application in
January 1995 in the light of the positions adopted following

discussions to be held between the communities . In

February 1994 the Council designated an observer to
monitor those discussions on its behalf .

The Council also said it was willing to launch a series of talks
to expound the acquis communautaire to the Cypriot
Government, and asked the Commission to draw up a
programme to that effect . This initiative had the dual
purpose of enabling the Cypriot authorities to prepare
. properly for the accession negotiations and giving them an

opportunity to assess their cooperation and technical
assistance needs in view of the requisite adjustments to the
country 's legal and production systems . Towards the end of

1993 the Commission and Cyprus accordingly launched a
programme of substantive talks designed to provide a large
number of Cypriot officials with in-depth knowledge of the
acquis communautaire and to enable them to establish
lasting links with their European counterparts . More than
200 Cypriot officials have so far taken part in this exercise,
with results that are considered highly positive on both
sides .

The Commission and Cyprus have also recently initialled
the fourth financial protocol, which, with the endorsement
of Parliament, should be formally adopted in early summer .
The ECU 74 million allocated to this protocol ( ECU 24
million in grants and ECU 50 million in EIB loans ) will be
WRITTEN QUESTION E-800 / 95 used to pave the way for Cyprus ' economic transition prior

by Carole Tongue ( PSE ) to accession .

to the Commission

( 20 March 1995 )

The Corfu European Council of June 1994 announced that
( 95 / C 190 / 51 )
Malta and Cyprus would be included in the next round of
enlargement, a decision that was confirmed by the Essen
summit . On 6 March 1995, in the light of the conclusions of

membership of the European the European observer for Cyprus, the Council decided that

Cyprus accession negotiations should commence six months after

the 1996 inter-governmental conference, taking account of

regarding the application by the results of that conference . The Council also asked the
of the European Union, and what Commission to table proposals for a pre-accession strategy,
undertaken into alleged abuses of including a structured dialogue along the same lines as the
by the authorities in Cyprus ? dialogue with the central and east European countries .

Subject : Application for membership of the European

Union from Cyprus

What stage has been reached regarding the application by
Cyprus for membership of the European Union, and what
investigations are being undertaken into alleged abuses of
human rights committed by the authorities in Cyprus ?

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 27

The Commission is currently drawing up such a
pre-accession strategy, which will be put before the next
EU-Cyprus Association Council meeting, scheduled for
June 1995 .

Most human rights violations in Cyprus occur as a direct
result of the partition of the island . The Commission is
monitoring the situation very closely, and feels that a
solution to these problems should be sought in the context
of the United Nations operation, under the aegis of the
Secretary-General, for which the Commission has
repeatedly expressed its full support .

WRITTEN QUESTION E-8 11 / 95

by Freddy Blak ( PSE )

to the Commission

( 20 March 1995 )

( 95 / C 190 / 52 )

Subject : Health

According to the first issue of ' Europasisk Nyhedsbrev '

( European newsletter ), put out by the Commission
Information Office in Denmark, the Commission has just
issued a report on ' Tobacco and health in the European
Union — a survey ', which apparently makes it clear that
smoking is a serious health problem and results in many
deaths .

What does the Commission intend to do on the basis of this

report, and with what urgency, to combat the damage
caused by smoking and to reduce both the number of
smokers and the amount of tobacco consumed ?

also arise in the context of other proposed action plans in the
field of public health, such as that concerning health
promotion, information, education and training .

WRITTEN QUESTION E-8 12 / 95

by Karl von Wogau ( PPE )

to the Commission

( 20 March 1995 )

( 95 / C 190 / 53 )

Subject : Inspection of articulated shaft shielding in
France

In connection with the Europeanization of approval of these
products it has been decided that inspection of articulated
shaft shielding is subject to the EC machinery Directive .

In France this Decision is being applied in such a way that
inspections made in accordance with the previous approval
procedure are no longer recognized, and a complete
reinspection is required .

As a result, small and medium-sized businesses incur
additional costs which, in practice, may prevent
competition .

Does the Commission agree that this should undoubtedly be
regarded as an infringement of Article 30 of the EEC Treaty,
and what does the Commission intend to do about it ?

Answer given by Mr Bangemann

on behalf of the Commission

(8 May 1995 )
Answer given by Mr Flynn
on behalf of the Commission

( 22 May 1995 ) Since 1 January 1995 the devices in question — cardan shaft
guards — may not be placed on the Community market
unless they satisfy the requirements of the Machinery
Directive ( 89 / 392 / EEC ) ( a ).

While the report cited by the Honourable Member was
issued as an information document by the European bureau
for action on smoking prevention, on the basis of a
contract with the Commission, it was not published
by the Commission and does not represent its official
viewpoint .

As regards efforts to reduce tobacco smoking, the
Commission has proposed a series of specific priority
actions to be undertaken in the framework of a third cancer

action plan, recently considered by the Parliament and at
present before the Council . Action to reduce smoking may

To this end, these devices must undergo a mandatory
EC-type examination by one of the bodies notified by the
Member States, of the manufacturer 's choice .

According to the information gathered by the Commission,
the French authorities allow the notified bodies in France to

take account, in their EC certification examinations, of the
results of earlier tests conducted under the pre-existing
national system, provided they guarantee the safety
standards set in the Directive .

No C 190 / 28 EN Official Journal of the European Communities 24 . 7 . 95

Such recognition provides a means of keeping down the cost
of the new procedure while still ensuring compliance with
the essential requirements of the Directive .

However, after consultation with the leading European
makers, the French authorities concluded that the tests
conducted on cardan shafts and guards under the existing
French arrangements failed to guarantee compliance with
the essential requirements .

Consequently, further tests must be carried out on such
devices to ensure that the essential requirements are met .

The company in question has complained that the French
authorities take no account of the tests conducted in
Germany in the course of the pre-existing national

system .

The French authorities ' demands are founded in the light of
the Directive . However, in so far as they have accepted the
principle of taking account of earlier tests with a view to
simplification, in accordance with Article 30 of the EC
Treaty they should, in so doing, also make allowance for
tests conducted in another Member State wherever they
could provide a level of protection equivalent to the
standard offered by the Directive . As yet, however, the
French authorities have examined the situation with tests

conducted under the pre-existing French system only .

The Commission will make the appropriate approaches to
the French authorities to obtain their opinion on the
equivalence of the tests conducted in Germany .

Answer given by Mr Flynn
on behalf of the Commission

( 12 May 1995 )

The European Social Fund takes action throughout the
Community to promote a policy aimed at facilitating
migrants ' social and occupational integration .

This is a two-stage process . The first step is to combat the
isolation which migrant groups suffer and then a real
prospect of integration has to be created by providing
information, advice and employment / training subsidies,
such training to include language instruction and cultural
education .

These measures are an integral part of much broader
operational programmes ( OPs ) designed to help individuals
excluded from the labour market . It should be noted that the

projects and operations carried out under these programmes
are managed by the authorities in the Member States . It is
therefore difficult to supply the detailed information
requested by the Honourable Member .

For its part, the Commission has undertaken to carry out a
thorough evaluation of all the operations being co-financed
by the ESF over the period 1994 — 1999 .

The Commission will inform the Honourable Member of

the results of its evaluation as soon as possible .

i 1 ) OJ No L 183, 29 . 6 . 1989 . WRITTEN QUESTION E-830 / 95

by Jean-Pierre Raffarin ( PPE )

to the Commission

( 24 March 1995 )

( 95 / C 190 / 55 )
WRITTEN QUESTION E-8 15 / 95

by Barbara Diihrkop Diihrkop ( PSE )

to the Commission

( 24 March 1995 )

( 95 / C 190 / 54 )

Subject : European Social Fund and intercultural
education

The European Social Fund is making substantial
contributions to funding for teaching children of
immigrants in their mother tongue, where this is organized
by the Member State of origin .

What is the volume and nature of ESF appropriations
channelled into intercultural education ? How are the funds

being used ?

Given the lack of detailed information, does the
Commission consider a detailed report on the matter to be
necessary ?

Subject : Measures to promote less widely spoken national

and regional languages

What measures does the Commission intend to take to

reinforce the recognition and development of less widely
spokennational and regional languages within a cultural
Europe ?

Answer given by Mrs Cresson

on behalf of the Commission

( 11 April 1995 )

Quantitative and qualitative improvement of knowledge of
the languages of the European Union, in particular those
that are least widely used and least taught, is one of the main
aims of the Socrates programme .

As well as the promotion measures targeted in Chapters 1 —
Erasmus ( higher education ) and 2 — Comenius ( school

24 . 7 . 95 | EN Official Journal of the European Communities No C 190 / 29

education ), Chapter 3, Action 1 — Lingua targets the
teaching of the official languages of the European Union,
along with Irish and Letzebuergesch . Moreover, the
teaching of languages which have national but not official
language status, and which are widely used as teaching
languages in universities, should provide opportunities for
access to the areas of the programme relating to higher
education .

The activities of the Lingua programme, which was
concluded at the end of December 1994, are being
continued and extended in the Socrates programme .

With regard to minority languages, the Honourable
Member should refer to the Commission 's answer to
Written Question 2863 / 94 (') by Mr Ewing, in which it
mentions the forthcoming report on the situation of
minority languages and the 1989 — 1993 activity report on
lesser used languages in the European Union ( 2 ).

The Commission also reiterates that it continues to support,
under budget heading B3-1006, specific initiatives for
promoting and safeguarding regional and minority
languages and cultures .

Until this Decision and the corresponding financial
Regulation have been adopted, no definite answer can be
given regarding financial assistance .

This project is, however, very likely to be eligible for
assistance once the guidelines on transport have been
adopted .

If the French authorities consider this to be a priority
project, they should apply to the Commission for financial
assistance once the relevant Regulation enters into force .
The Commission committee set up under the Regulation
will consider this application, together with applications
from other Member States, in the light of the budget for
trans-European transport networks .

(') COM(94 ) 106, 7 . 4 . 1994 .

WRITTEN QUESTION E-835 / 95

í 1 ) OJ No C 103, 24 . 4 . 1995 . by Glyn Ford ( PSE )

( 2 ) COM(94 ) 602 final . to the Commission

( 24 March 199 5 )

( 95 / C 190 / 57 )

WRITTEN QUESTION E-833 / 95

by Jean-Pierre Raffarin ( PPE )

to the Commission

( 24 March 1995 )

( 95 / C 190 / 56 )

Subject : Financing of high-speed train lines

The 14 major projects decided upon in Essen include the
Dax — Madrid high-speed train line passing through
Valladolid . What measures does the Commission intend to

take to assist the French authorities with completing the
Tours — Angouleme — Bordeaux — Dax high-speed train
line ?

Answer given by Mr Kinnock

on behalf of the Commission

( 10 May 1995 )

This project for a high-speed railway line is included in the
proposal for a European Parliament and Council Decision
on Community guidelines for the development of the
trans-European transport network (*) and in the first plan
approved by the Council on 17 December 1990 .

Subject : Advertising the achievement of BS 5750

Has the Commission placed an EU-wide ban on the
advertisement of the achievement of BS 5750 by successful
companies, or is this a convention of the UK Government
alone ?

Answer given by Mr Bangemann

on behalf of the Commission

( 10 May 1995 )

To the Commission 's knowledge, no ban has been placed in
the United Kingdom on the advertisement of the
achievement of BS 5750 quality system certifications .

The Commission has no intention of seeking any
Community-wide ban on such advertisements .

It is the Commission 's understanding that certificated
companies are free to advertise that their quality systems
comply with the standard, as long as they are not making
any false claims .

No C 190 / 30 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-838 / 95

by Glyn Ford ( PSE )

to the Commission

( 24 March 1995 )

( 95 / C 190 / 58 )

Subject : Airport security

Commission does not intend to set up an European wildlife
enforcement unit .

(') OJ No C 179, 13 . 7 . 1995 .

WRITTEN QUESTION E-852 / 95

In view of the reply to my Written Question E-2635 / 94 ( 1 ), by José Valverde Lopez ( PPE )
the situation in the UK would seem to be illegal, as no such to the Commission
checks exist on internal flights . Would this change the
reply ? ( 29 March 1995 )

to the Commission

( 29 March 1995 )

(!) OJ No C 145, 12 . 6 . 1995, p . 10 .

Answer given by Mr Monti
on behalf of the Commission

( 12 April 1995 )

In its reply to Written Question No 2635 / 94 from the
Honourable Member, the Commission clearly stated that all
border controls, including those effected by airlines under
the legislation on carrier responsibility, will have to be
abolished on the entry into force of the essential
accompanying measures, which are considered by the
Member States as a prerequisite for the elimination of
checks on persons .

WRITTEN QUESTION E-843 / 95

by Anita Pollack ( PSE )

to the Commission

( 24 March 1995 )

( 95 / C 190 / 59 )

Subject : Endangered species

( 95 / C 190 / 60 )

Subject : Biomedicine and health

Could the Commission provide a list of studies,
publications, reports, etc . which have been drawn up
in connection with the research and technological
development programme in the field of biomedicine and
health ( 1990 — 1994 ) ( Council Decision No 91 / 505 /
EEC ( l ))}

(!) OJ No L 267, 24 . 9 . 1991, p . 25 .

Answer given by Mrs Cresson

on behalf of the Commission

(5 May 1995 )

Most of the research projects now under way in the context
of Biomed 1 will be completed in 1995 and 1996 . The final
results will then be available .

Publications concerning seminars and other activities in
connection with Biomed 1 are available from the
Commission . A list of the publications in question is being
prepared and will be sent direct to the Honourable Member
and Parliament 's Secretariat as soon as possible .

Given the lack of enforcement of Cites across the EU, has the
Commission given any thought to setting up a dedicated
European Wildlife Enforcement Unit ? WRITTEN QUESTION P-857 / 95

by José Apolinârio ( PSE )

to the Commission

Answer given by Mrs Bjerregaard (9 March 1995 )

on behalf of the Commission ( 95 / C 190 / 61 )

( 28 April 1995 )

Subject : Community aid to Portugal under the First and

The Commission would refer the Honourable Member to its
answer to Written Question 528 / 95 ('). In view of the
initiatives already taken for an improved enforcement of
regulations on the Community 's trade in wildlife, the

Second CSF

Further to the Commission 's replies to my questions, would
it provide information on the following matters :

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 31

1 . the appropriations transferred to Portugal under the
Second CSF ( 1994 — 1999 ) since 1 January 1994,
indicating the Operational Programme concerned and
the date on which the money was actually made
available, and providing separate figures for each
' instalment ' ( it could up-date the table set out in its reply
of 19 December 1994 regarding the Second CSF, adding
the Operational Programmes not entered at this stage
and the amounts allocated to the IFOP );

2 . the appropriations transferred to Portugal under the
First CSF ( 1989 — 1993 ) since 1 January 1994,
specifying the amounts allocated per Operational
Programme and the date on which the money was
actually made available ;

3 . the balance still to be paid in respect of the First CSF

( 1989 — 1993 ), if possible specifying the Operational
Programme to which it relates and the reasons for the
delay ?

Answer given by Mrs Bonino

on behalf of the Commission

( 20 April 1995 )

1 . As suggested by Parliament in its resolution of 22 April
1 994 ( 1 ), the Commission will shortly present an action plan
on measures to be taken to follow up the Green Paper
mentioned by the Honourable Member .

In this framework a number of specific measures will be
proposed in the context of the Commission 's programme of
work for 1995 ( 2 ).

2 . The Commission does not intend to present general
proposals designed to harmonise the law of contract .
Certain specific initiatives at Community level do however
contribute to approximating certain aspects of national
contract law . This applies to Directive 93 / 13 / EEC of 5 April

1993 on unfair terms in consumer contracts ( 3 ) and the
proposal for a Directive on the sale of consumer goods,
guarantees and after-sales services which will be submitted
to the Commission very soon, as requested by Parliament in
its resolution of 6 April 1994 ( 4 ).
Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(7 April 1995 )

Because of the length of the answer, which includes a
number of tables, the Commission is sending it direct to the
Honourable Member and to Parliament 's Secretariat .

(!) OJ No C 128, 9 . 5 . 1994 .

( 2 ) COM(95 ) 26 final .

( 3 ) OJ No L 95, 21 . 4 . 1993 .

( 4 ) OJ No C 205, 25 . 7 . 1994 .

WRITTEN QUESTION E-896 / 95

by Freddy Blak ( PSE )

to the Commission

( 29 March 1995 )

( 95 / C 190 / 63 )
WRITTEN QUESTION E-892 / 95

by Marianne Thyssen ( PPE )

to the Commission

( 29 March 1995 )

( 95 / C 190 / 62 )

Subject : Harmonization of Member States ' laws —
procedural law and contract law

1 . In its Green Paper on the access of consumers to justice
and the settlement of consumer disputes in the single
market, the Commission recognizes that the lack of
harmonization between the various Member States '
procedural laws constitutes a general problem which
prevents the citizens of Europe from deriving full benefit
from the internal market . Is the Commission planning to
remedy this situation and, if so, how ?

2 . What progress has it made with its work on the
harmonization of contract law ?

Subject : The Commission 's staff regulations

Does the Commission agree that a person living in a
' registered partnership ' with an employee of an EU
institution, for example, the Environment Agency in
Copenhagen, should be regarded as far as the Commission 's
staff regulations are concerned as a ' spouse ' or ' conjoint ',
taking into account the legislation in this respect of the
country in question ?

Answer given by Mr Liikanen

on behalf of the Commission

(3 May 1995 )

The situation of officials and other staff employed by
the Environment Agency in Copenhagen is governed by
the Staff Regulations of Officials and Conditions
of Employment of Other Servants of the European
Communities .

No C 190 / 32 EN Official Journal of the European Communities 24 . 7 . 95

As the Commission has already stated in its answer to
Written Question No 2059 / 92 by the Honourable
Member (*), these Council Regulations refer to a very
specific situation of a married official or servant and cannot
as they stand be extended to unmarried persons, even if they
are living in a registered partnership as provided for by the
Danish Act of 7 June 1989 .

The Council Regulations in question are instruments of
international law ; they are accordingly to be applied
independently of national legislation, as is also the case
under section 4(4 ) of the Danish Act of 7 June 1989 .

(') OJ No C 47, 18 . 2 . 1993 .

WRITTEN QUESTION E-902 / 95

by Manuela Frutos Gama ( PSE )

to the Commission

( 29 March 1995 )

( 95 / C 190 / 64 )

Subject : Equal opportunities

With regard to external competitions, is the Commission
thinking of making exceptions or of waiving the age limit
when a civil servant, shouldering his or her family
responsibilities, follows his or her spouse to a destination in
a Commission Information Office ?

Commission 's disability programme Helios has been
moved, are fully accessible to wheelchair users and to
ambulant disabled people ? At present the main entrance is
inaccessible to wheelchair users .

Answer given by Mr Liikanen

on behalf of the Commission

( 28 April 1995 )

As a result of the constraints on its administrative budget,
the Commission has to meet its space requirements by
renting offices on the open market . Speculative buildings
rarely conform to the Commission 's exacting standards
particularly with regard to access by the disabled, although
promoters must comply with Belgian regulations .

In this instance ( building at 27 rue Joseph II ), it was not
possible to modify the structure of the main entrance but
alterations were carried out to enable access for wheelchairs

through the entrance at 31 rue Joseph II leading to the main
reception area and lifts .

Other alterations were made at parking and other levels

( including the area occupied by Helios ) to facilitate access by
wheelchair users and ambulant disabled people ( corridor
and door widths, specially adapted toilets, etc .).

WRITTEN QUESTION E-924 / 95

Answer given by Mr Liikanen by Florus Wiisenbeek ( ELDR )

on behalf of the Commission
to the Commission

( 25 April 1995 ) ( 31 March 1995 )

( 95 / C 190 / 66 )
In its recruitment procedures the Commission is obliged to
treat all candidates equally . A derogation for the spouses of
Commission officials would constitute a clear breach of that Subject : Airports and the
principle, as would a suspension of the age limit for
them .

Subject : Airports and the environment

1 . Is the Commission aware that using Auxiliary Power
Units ( APUs ) on aircraft stationed at airports to generate
electricity and operate the air conditioning is a serious
source of pollution for local residents, passengers and
crew ?

WRITTEN QUESTION E-921 / 95

by Mary Banotti ( PPE )

to the Commission

( 31 March 1995 )

( 95 / C 190 / 65 )

Subject : New Helios premises of European Commission

What steps does the Commission plan to take to ensure
that the new premises, at Rue Joseph II, to where the

2 . Is the Commission aware that there are systems
available which render APUs virtually superfluous and that
as a result the noise level ( up to 103 dB ) and the emission of
harmful substances ( e.g., more than 30 tonnes of C0 2 per
annum for a medium-sized airport ) can be reduced to a
minimum and an energy saving of at least 90% can be
achieved ?

3 . Is the Commission aware that the costs of using APUs
are currently two to eight times greater than using the
systems referred to in point 2 ?

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 33

4 . Is the Commission aware that for environmental

reasons a number of airports have banned APUs with the
exception of five minutes after arrival and 5 — 10 minutes
before take-off ?

5 . Does the Commission therefore not agree that to
achieve equal competition and protection of the
environment, the use of the systems referred to in point 2
should be made compulsory, with the exception of a fixed
time before take-off ?

6 . If so, does the Commission intend to submit proposals
in the near future to curb the use of APUs, even before it
publishes the consultation paper on the environmental
aspects of civil aviation in mid - 1995, as referred to in point
70 of its communication of 1 June 1 994 (' The way forward
for civil aviation in Europe ' (')?

(*) COM(94 ) 218 final .

within the EU, given its potential within the labour market
and the economy, and also as an instrument to reduce
the peripherality of certain regions, is the Commission
considering putting forward proposals in the near future for
support for teleworking and teleworking demonstration
projects, to encourage and maximize on these
possibilities ?

Answer given by Mr Flynn
on behalf of the Commission

( 10 May 1995 )

In the Commission 's white paper on growth,

Answer given by Mr Kinnock competitiveness and employment ('), new information

on behalf of the Commission

technologies are identified as playing a crucial role in the
( 15 May 1995 ) development of Europe 's competitiveness and in creating
new employment in the Community .

The Commission has been made aware of the environmental

impact of the use of auxiliary power units ( APU ) for the
generation of electricity and for air-conditioning purposes .
The Commission has also been made aware of replacement
systems for these APUs, which appear to have a lesser
environmental impact . The Commission has no information
available on the operating costs of the APUs or their
replacement systems .

The white paper singled out teleworking ( along
with teletraining, telemedicine and links between
administrations ) as a priority application to be promoted . In
teleworking, projects are already under way in the Member
States and in 1993 the Commission decided on a set of

preparatory actions to stimulate trans-border telework in
the Community . These actions have been managed as
accompanying measures to the Race programme of RTD

( research and technological development ) and are described
in the report ' Telework 1 995 ' ( 2 ). They will be completed by
July 1995 .

Although the Commission is convinced of the necessity to accompanying measures to Race programme RTD
encourage practices, it the is use of the of more opinion environment that in this friendly specific systems case and the in ( research the report and ' technological Telework 1 995 development ' ( 2 ). They will ) and be completed are described by
subsidiarity principle should be given due weight . The July 1995 .
forthcoming consultation paper on environmental issues in
aviation will cover environmentally friendly practices and
systems, such as these mentioned by the Honourable
Member . These preparatory actions will be followed up at European
level by trials and demonstrations in the Fourth Framework
Programme in the two specific programmes on advanced
communications ( ACTS ) and telematic applications . There
may also be opportunities to continue to stimulate
investment in transborder telework in the framework of the

action plan for trans-European networks . A number of

WRITTEN QUESTION E-931 / 95 European regions are also committed to the stimulation

by Mark Killilea ( RDE ) of telework as part of their strategies for industrial

to the Commission transformation and development, with European financial

( 31 March 1995 ) assistance under Article 10 of the European regional

development fund and Article 6 of the European social

( 95 / C 190 / 67 ) fund .

WRITTEN QUESTION E-931 / 95

by Mark Killilea ( RDE )

to the Commission

( 31 March 1995 )

( 95 / C 190 / 67 )

Subject : Commission support for teleworking

Given the increasing development and use of teleworking
throughout Europe, and the clear level of support for it

While enhancing opportunities to create employment in
peripheral regions and flexibility in the labour market in
general, the growing interpenetration of home and the

No C 190 / 34 EN Official Journal of the European Communities 24 . 7 . 95

market place will also set new social and economic Road casualty numbers in 1984 were :
challenges which the Community will monitor closely .

Total
accidents Killed Injured

(M COM(93 ) 700 final .

( 2 ) ISBN 92-826-9551-4 .

WRITTEN QUESTION E-934 / 95

by James Provan ( PPE )

to the Commission

( 31 March 1995 )

( 95 / C 190 / 68 )

Subject : European road safety year

1 . What is the number of casualties ( deaths and injuries )
on roads in each of the Member States of the European
Union for the years 1974, 1984 and 1994 respectively ?

2 . What percentage of total passenger journeys were
made by road traffic in 1974, 1984 and 1994 respectively,
across Europe ?

Answer given by Mr de Silguy

on behalf of the Commission

( 16 May 199 5 )

1 . Road casualty numbers in 1974 were :

Total
accidents Killed Injured

EUR 9 1 144 924 54 200 0 1 524 500 0 )

Belgium 63 539 2 665 87 821

Denmark 14 974 766 18 711

Germany 331 000 14 614 447 142

France 251 378 13 327 344 320

Ireland 5 632 594 8 288

Italy 175 126 9 597 234 253

Luxembourg 1 886 127 2 765

Netherlands 57 347 2 546 66 212

United

Kingdom 244 042 6 883 318 035

( 1 ) Eurostat estimation, since the internationally used definition for 'a person

killed in a road accident ' (a victim of an accident who dies within 30 days
from the injuries incurred ) has not yet been adopted by Italy ( seven days )
and France ( six days ).

EUR 12 1 250 064 47 837 (*) 1 634 261 ( x )

Belgium 58 659 1 893 79 678

Denmark 11 489 6 65 13 718

Germany 359 485 10 199 466 033

Greece 21 501 1 704 29 810

Spain 74 111 4 827 115 528

France 199 654 11 525 282 485

Ireland 5 737 465 8 210

Italy 159 051 7 184 217 553

Luxembourg 1 423 70 2 117

Netherlands 44 317 1 615 50 676

Portugal 55 474 1 902 41 177

United

Kingdom 259 163 5 788 327 276

( 1 ) Eurostat estimation, since the internationally used definition for 'a person

killed in a road ace ident ' (a victim of an accident who dies within 30 days
from the injuries incurred ) has not yet been adopted by Italy ( seven days )
and France ( six days ).

The numbers for 1994 are not yet available .

2 . Figures for total passenger transport or for passenger
kilometres within the Community are not collected from
official statistical systems . Moreover, certain Member States
do not produce figures for passenger transport by road .
Where figures are produced, the methods and definitions
used in the collection of statistics on passenger vehicle traffic
and on passenger transport vary . In addition complete data
are not available for the other modes of transport . It follows
that the question ' What percentage of total passenger
transport is accounted for by road ?' cannot be answered
because of the fragmentary nature of the available
statistics .

However using the current partial information is appears
that over the last 20 years the number of people killed in
road traffic declined by about a third, while the transport
volume roughly doubled .

EUR 15 — Passenger Transport

Average annual growth rates

( Thousand million passenger-kilometres )

Buses and
Rail

coaches

Private

Air Total

cars

1970—1993 + 0,9 % + 1,5 % + 3,5% + 7,6 % + 3,2%

1970—1980 + 1,5% + 2,7% + 3,9 % + 8,4% + 3,7%

1980—1990 + 0,9 % + 0,6% + 3,2% + 7,8 % + 2,9%

1990—1993 - 1,0% + 0,6% + 3,0% + 4,7% + 2,6%

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 35

Modal shares Answer given by Mrs Cresson

on behalf of the Commission

Rail Buses and Private cars Air ( 12 May 1995 )

coaches

1970 10,4% 12,7% 74,8 % 2,1 %

1975 9,5 % 12,2% 75,6 % 2,8 %

1980 8,4% 1 1,6 % 76,7% 3,3 %

1985 8,0% 10,6% 76,8 % 4,5 %

1990 6,9 % 9,1 % 78,8% 5,2 %

1993 6,2 % 8,6 % 79,7 % 5,5 %

WRITTEN QUESTION E-937 / 95

by Winifred Ewing ( ARE )

to the Commission

( 31 March 1995 )

( 95 / C 190 / 69 )

Subject : Women's rights

When does the Commission plan to introduce a code of
practice on equal pay for equal rights and a memorandum
on the implementation of EC law on equal treatment, as was
outlined by Padraig Flynn in Parliament 's Committee on
Women 's Rights ?

Answer given by Mr Flynn
on behalf of the Commission

The Commission is sending directly to the Honourable
Member and to the Secretariat-General of Parliament a table
containing the figures on the participation of the city of
Malaga in the Erasmus programme .

As far as the Lingua programme is concerned, the
Commission has no figures for the individual towns of
Spain, but only for its provinces and regions .

It is also sending a table showing the participation of the
province of Malaga and the region of Andalusia to the
Honourable Member and to the Secretariat-General of

Parliament .

WRITTEN QUESTION E-943 / 95

by Celia Villalobos Talero ( PPE )

to the Commission

( 31 March 1995 )

( 95 / C 190 / 71 )

Subject : NOW programme

( 11 May 1995 )

Can the Commission say how many women from the city of
Malaga have benefited from the NOW programme, and
The Commission is currently finalizing its draft code of what was the extent of the Community contribution ?
practice on equal pay and intends to issue the document
formally before the end of June 1995 . The communication
on procedures and remedies for the implementation of
Article 1 19 EC Treaty and the equality directives referred to Answer given by Mr Flynn
in the white paper on European social policy ( 1 ) is due to be on behalf of the Commission
issued in the second half of 1995 . 25 1995

Answer given by Mr Flynn
on behalf of the Commission

( 25 April 1995 )

(M COM(94 ) 333, 27 . 7 . 1994 .

WRITTEN QUESTION E-942 / 95

by Celia Villalobos Talero ( PPE )

to the Commission

( 31 March 1995 )

( 95 / C 190 / 70 )

Subject : Erasmus and Lingua programmes

Can the Commission say how many students from the city
of Malaga have benefited from the Erasmus and Lingua
programmes ? What was the extent of the Community
contribution ?

The Community 's NOW programme ( 1991 — 1994 ) is an
initiative of the European Social Fund ( ESF ) which was
implemented in 1991 by means of operational programmes
negotiated between the Commission and the Member
States . In the context of these operational programmes, the
national authorities in each Member State selected and

monitored the projects . The information regarding the
number of persons who have benefited directly from the
programme for the period 1991 — 1994 will not be known
with any accuracy by the Commission until it has received
the ex-post evaluation report scheduled for the end of the
first half of this year . However, the data will be broken
down by region only and not by city . The ESF 's total
contribution for the Autonomous Community of Andalusia
under the NOW programme ( 1991 — 1994 ) was Pts
516 669 960 .

No C 190 / 36 EN Official Journal of the European Communities 24 . 7 . 95

QUESTION E-956 / 95 assessment of the safety for human health of the finished

Mark Watts ( PSE ) product, and refer to toxicity tests carried out on the

to the Commission ingredients .

WRITTEN QUESTION E-956 / 95

by Mark Watts ( PSE )

( 31 March 1995 )

( 95 / C 190 / 72 )

Subject : Animal test restrictions

What mechanisms are being established to ensure that any
animal test restrictions implemented in accordance with
Directive 93 / 35 / EEC ( l ) can be adequately enforced ?

(M COM(94 ) 606, 15 . 12 . 1994 .

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

WRITTEN QUESTION P-967 / 95

by Amedeo Amadeo ( NI )

to the Commission

( ! ) OJ No L 151, 23 . 6 . 1993, p . 32 . ( 22 March 1995 )

( 95 / C 190 / 73 )

Subject : Public health
Answer given by Mrs Bonino

on behalf of the Commission

( 12 May 1995 ) Well-thought-out preventive measures, based on improving
habits and lifestyles, may not only enhance people 's quality
of life and right to good health, but also help to tackle the
problem of containing the costs of medical treatment and

In ' implementation of Council Directive 93 / 35 / EEC of care, which is a burning issue in all the Member States .

14 June 1993 amending for the sixth time Directive
76 / 768 / EEC on the approximation of the laws of the
Member States relating to cosmetic products, and in
particular Article 4 ( 1 ( i ) ) thereof, the Commission :

— has presented to the Parliament and the Council the first

annual report on the development, validation and
legal acceptance of alternative methods to animal
experiments (');

— has encouraged the Member States ' authorities to collect

more precise data on the number and type of
experiments relating to cosmetic products carried out on
animals .

The Member States are required to take the measures
necessary to ensure compliance with the provisions of
Directives 86 / 609 / EEC ( 2 ) and 93 / 35 / EEC relating directly
or indirectly to animal experiments . In particular :

— Articles 13 and 26 of Directive 86 / 609 / EEC require the

Member States to organize the collection of statistical
information on the number of animals used for
experimental or other scientific purposes ;

— the Member States are required to ensure compliance

with the provisions governing labelling, which require
that reference be made to animal experiments carried
out either for the finished product or for its ingredients

( Article 1 ( g ) of Directive 93 / 35 / EEC );

— the Member States ' authorities must have easy access to

information on cosmetic products placed on the
Community market . This information must include the

It is obvious that the resouces hitherto channelled to
the Member States for such measures are derisory by
comparison with expenditure on health and that a
Community initiative in this direction, building on existing
experience, could provide a useful contribution to a better
use of resources .

Will the Commission therefore take up this question and
draw up a Directive to provide coordination and a
Community initiative in this direction ?

Answer given by Mr Flynn
on behalf of the Commission

( 11 May 1995 )

The Commission agrees with the Honourable Member that
activities in the field of prevention not only play a key role in
the maintenance of health so promoting the quality of life,
but can also contribute to controlling the costs of health
provision by reducing the need for expensive treatment and
care services . It also agrees that much more has to be done in
this field in the Community .

Article 129 EC Treaty on public health puts the emphasis
of the Community 's work on prevention . In order to

implement the provisions of that Article the Commission
published a communication ( COM ( 93 ) 559 final ) ( 1 ) setting
out its proposals for Community actions . These are based
upon a number of programmes concerned with prevention .
The first four are now under consideration by the

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 37

Parliament and the Council and concern drug dependence,
AIDS and other communicable diseases, cancer, and health
promotion, information, education and training . Further
programmes are currently being developed .

In addition, the Commission has undertaken certain
initiatives in the area of health cost containment, in
particular on the evaluation of the role of prevention
activities . At the Rhodes Health Forum in May 1994, for
example, a report was discussed on fundamental health
choices, prepared for the Commission by an expert team
coordinated by the London School of Economics ; this report
will shortly be published . Consideration is also being given,
in liaison with the Member States, to other issues of concern
in the sphere of public health . However there is no
possibility of producing a Directive on such issues on the
basis of Article 129 EC Treaty .

programme on health promotion, information, education
and training will he open to participation by non ­
governmental organizations as well as scientific or training
associations .

The project selected by the Commission to receive financial
support from the Community must meet a number of
criteria . In particular, they must fall within one of the
programme 's action areas and have a Community
dimension or be of potential benefit to the Community .

WRITTEN QUESTION E-981 / 95

by Helena Torres Marques ( PSE )

to the Commission

(') COM(93 ) 559 final . (6 April 1995 ) 

( 95 / C 190 / 75 )

Subject : Equal opportunities and rights for men and

women

WRITTEN QUESTION E-970 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 31 March 1995 )

( 95 / C 190 / 74 )

Subject : Protection of public health

The proposal for a European Parliament and Council
Decision on health promotion, information, education and
training within the framework for action in the field
of public health (') calls on the Commission to promote,
by means of suitable structures, the organization and
management of pilot projects, with the involvement of
non-governmental organizations representing all the
interested parties and scientific or training associations
operating at Community level .

Can the Commission also draw up a Directive to involve
European national scientific associations operating in the
field of public health by giving them an active role in the
training of health workers and the health education of
citizens ?

(') COM(94 ) 202, OJ No C 252, 9 . 9 . 1994, p . 3 .

According to the ' Agence Europe ' bulletin of 8 March 1995,
Mr Flynn, a Member of the Commission, stated that the
countries attending the Copenhagen Conference would
make a commitment to women 's rights and equal treatment
for women and men, and the Commission would likewise
lend its support .

Mr Flynn also stressed that the commitment should not
amount solely to a declaration of principles, but rather
provide a basis on which to ' lay down a number of concrete
measures to be taken — such as establishing structures,
policies, objectives and measurable goals to ensure gender
balance and equity in decision-making processes at all levels,
and broadening women 's political, economic, social and
cultural opportunities and independence '.

Can the Community therefore say :

— what measurable goals it intends to chart ?

— when those goals will be laid down ?

— whether the various countries of the Union will be called

upon to adopt comprehensive proposals setting out the
steps required to achieve the above aims ?

Answer given by Mr Flynn
on behalf of the Commission

Answer given by Mr Flynn ( 18 May 1995 )
on behalf of the Commission

( 10 May 1995 ) In a speech delivered during the United Nations summit on
social development, held in Copenhagen, the Member of the
Commission in charge of social affairs and employment
The Commission would like to inform the Honourable stated that the Commission would be publishing its fourth
Member that projects under the future Community programme for the advancement of equality of opportunity

No C 190 / 38 EN Official Journal of the European Communities 24 . 7 . 95

for women, and expected the themes covered to correspond
in large measure to the concerns expressed in Commitment
No 5 of the draft declaration of the summit, reflecting the
need for action in relation to all aspects of women 's
citizenship — economic, social, political and civil .

The fourth Community action programme for equal
opportunities will comprise a range of objectives and
activities for the period 1996 — 2000 . The document is still
at a draft stage but will be ready for adoption by the Council
before the end of this year .

WRITTEN QUESTION E-1013 / 95

by José Apolinârio ( PSE )

to the Commission

(6 April 1995 )

95 / C 190 / 77 )

Subject : Payments to be made under the first CSF for

Portugal ( 1989 — 1993 )

Could the Commission state precisely which cases are still
outstanding under the first CSF for Portugal ( 1989 — 1993 )
and specify the amounts in question and the operational
programmes to which they relate ( distinguishing between
ERDF, EAGGF and ESF )?
WRITTEN QUESTION E-1000 / 95

by Roy Perry ( PPE )

to the Commission

(6 April 1995 ) Answer given by Mrs Wulf-Mathies

on behalf of the Commission
( 95 / C 190 / 76 )
( 13 June 1995 )

Subject : Rules governing the transport of nitrate
fertilizers

Can the Commission name those Member States who have

effectively transposed into national law the requirements
for the transport of nitrate fertilizers, as set out in
Directive 89 / 684 / EEC ( ! ) particularly with reference to the
requirement for a vocational training certificate for drivers
of vehicles carrying in excess of 3,5 tonnes of nitrate
fertilizer ?

The Commission would refer the Honourable Member to its
answer to his Written Question No 857 / 95 (*).

0 ) See page 30 of this Official Journal .

(') OJ No L 398, 30 . 12 . 1989, p . 33 . WRITTEN QUESTION P-1027 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

( 24 March 1995 )
Answer given by Mr Kinnock

on behalf of the Commission ( 95 / C 190 / 78 )

( 11 May 1995 )

Subject : Transport and dumping of toxic waste by EXPO

Council Directive 89 / 684 / EEC of 21 December 1989 on the

vocational training of certain drivers of vehicles
transporting dangerous goods by road was introduced and
applied in two stages . Drivers of tank vehicles and tank
containers or transport units with tanks or tank containers
with a capacity of over 3 000 litres were already subject to
the obligation for training as from 1 July 1992 . In contrast,
legislation on drivers of vehicles with a permissible
maximum weight exceeding 3,5 tonnes transporting all
other types of dangerous goods, including nitrate fertilisers,
was only introduced on 1 January 1995 .

According to the information available to the Commission,
all Member States have already transposed or are in
the process of transposing the second part of the
abovementioned Directive into national law .

' 98 ( Portugal )

On 1 February 1995 I tabled a question to the Commission
on the case of EXPO ' 98 in Lisbon and the fact that the

company involved, EXPO ' 98, SA, had been exempted from
requirements concerning environmental impact assessment

( Written Question E-434 / 95 ).

The latest media reports have spoken of a out-and-out
scandal, referring to the fact that tonnes of toxic waste have
been transported from the EXPO ' 98 site and dumped in a
' untidy heap ' in a quarry in Fatima ( commune of Ourem )
even though no prior assessment was carried out, the local
authorities were not informed, and no safety precautions
were taken, least of all with respect to the region 's
water-table, which accounts for the highest concentration of
groundwater in Portugal, supplying the Ribeira de Sei^a,
Almonda, Alviela, Lis, and Lena catchment areas .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 39

I would urgently draw attention to the earlier question .
Furthermore, will the Commission say whether it is aware of
the incident described and what additional pressure it can
exert on the Portuguese authorities so as to make them
rectify or alleviate the already serious situation resulting
from the failure to comply with Community legislation ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 28 April 1995 )

The Commission was not aware of the facts presented by the
Honourable Member . It will contact the Portuguese
authorities with a view to obtaining all relevant details and
will inform the Honourable Member of the outcome of its

inquiry .

As regards the exemption of EXPO ' 98 from the
requirements concerning environmental impact assessment,
the Commission would refer the Honourable Member to its
answer to Written Question No 434 / 95 (*).

t 1 ) OJ No C 179, 13 . 7 . 1995 .

WRITTEN QUESTION E-1032 / 95

by Anita Pollack ( PSE )

to the Commission

(7 April 1995 )

( 95 / C 190 / 79 )

Subject : Age discrimination against young workers

Has the Commission conducted any study of age
discrimination against young workers in the Member States
and / or does it have any comparative information about this
problem ; and is there any legislation on this subject in any of
the Member States ?

WRITTEN QUESTION E-1043 / 95

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

(7 April 1995 )

( 95 / C 190 / 80 )

Subject : Transposition of the Directive on collective
redundancies

What is the Commission 's opinion of the transposition of
the Directive on collective redundancies into the national

legislation of Member States ?

Which Member States have transposed this Directive
correctly and which have not ?

Answer given by Mr Flynn
on behalf of the Commission

( 17 May 1995 )

Progress made with the transposal of Council Directive
75 / 129 / EEC of 17 February 1975 on the approximation of
the laws of the Member States relating to collective
redundancies ( ] ) was analysed in a report published on

13 September 1991 ( 2 ). A copy of this report is being
forwarded direct to the Honourable Members and to the

Secretariat of Parliament .

With regard to the notification by Member States of
national measures taken to implement Council Directive
92 / 56 / EEC of 24 June 1992 ( 3 ), which amends the
abovementioned Directive 75 / 129 / EEC, the Commission
would refer the Honourable Members to the 12th annual

report on monitoring of the application of Community law,
with particular reference to the section on employment and
social policy and the annex dealing with the application of
Directives . This report is in the process of being adopted,
and a copy will be forwarded direct to the Honourable
Members and to the Secretariat of Parliament .

f 1 ) OJ No L 48, 22 . 2 . 1975 .

( 2 ) SEC(91 ) 1639 .

( 3 ) OJ No L 245, 26 . 8 . 1992 .

Answer given by Mr Flynn WRITTEN QUESTION E-1061 / 95
on behalf of the Commission

by Mathias Reichhold ( NI )
( 10 May 1995 ) to the Commission

(7 April 1995 )

The Commission has supported a study on age ( 95 / C 190 / 81 )
discrimination against older workers . While the difficulties
of younger job seekers are the subject of several Community Subject : Regulation on the market
initiatives, no specific study has been carried out on this
issue . The Commission is not aware of specific legislative Austria 's national reference quantity
measures in Member States on age discrimination against result of negotiations, at 2 857
younger workers .

Subject : Regulation on the market in wine

Austria 's national reference quantity for wine was set, as a
result of negotiations, at 2 857 million hectolitres .

Was this quantity established under the terms of a
treaty ?

No C 190 / 40 EN Official Journal of the European Communities 24 . 7 . 95

Will it be unaffected by the Commission 's proposal for a
Council Regulation on reform of the common organization
of the market in wine ?

Answer given by Mr Fischler
on behalf of the Commission

(4 May 1995 )

The national reference quantities for each Member State
were set out in Annex I to the proposal for reform of the
common organization of the market in wine ( l ), which was
adopted by the Commission on 1 1 May 1994 .

Since Austria was not at that time a member of the European
Union, no reference figure for it is given in that Annex .
Later, in the Council, the Commission gave the figure of
2 857 000 hi as Austria 's reference volume based on its

historical production .

Since this quantity was fixed in accordance with the
Commission 's proposal, there can be no question of its
being affected by that proposal .

(') COM(94 ) 117 final .

WRITTEN QUESTION E-1067 / 95

by María Izquierdo Rojo ( PSE )

to the Commission

(7 April 1 995 )

( 95 / C 190 / 82 )

Subject : Twisting of the objectives of the Med-Urbs

programme

Is the Commission aware that at the Conference of

Mediterranean Cities ( Barcelona, 8 and 9 March 1995 ),
whose sponsors included the Community Med-Urbs
Programme, there was widespread unsupported criticism
and unwarranted discrediting of the EU and its
Mediterranean policy, with prominent round-table
speakers, indeed disputing the latter 's very existence ?

How is it going to prevent economic deflection and twisting
of objectives of this kind in the future ?

Answer given by Mr Marin
on behalf of the Commission

(2 May 1995 )

The conference ' Villes de la Mediterranee ' on March 7 and 8
in Barcelona was organized by the city of Barcelona and

co-sponsored by Med-Urbs, a Commission programme to
enhance the quality of urban life in Mediterranean third
countries ; European Commission Vice-President Manuel
Marin participated in the closing session of the conference .
More than 200 academics, journalists, municipal leaders
and representatives of non-governmental organizations,
international organizations and governments discussed
urban problems such as environment or social issues and
ways of cooperation between local authorities and local
authorities of European Mediterranean third countries . The
participants naturally expressed their views freely on
these different aspects, including the European Union 's
Mediterranean policy .

This conference heard that the Commission has proposed a
new policy called ' Euro Mediterranean Partnership ' which
would aim to create a zone of peace and stability
accompanied by a large free trade area . This policy, will have
essentially three pillars :

1 . assistance with economic transition ;

2 . assistance with achieving a better socio-economic
balance ; and

3 . backing for regional integration . The Commission has
proposed a budget of ECU 5,500 million . In proposing
this policy, the Commission is taking criticisms of its
former Mediterranean policy to heart .

The Med programmes, which all work on the basis of
decentralized cooperation and networks, are currently
looking at ways to better serve the needs of the
Mediterranean third countries . Med-Urbs organized a
brain-storming meeting with all its networks ( 50 in 1995 )
and, separately, with a group of independent experts . The
results of these meetings will be taken into account in the
new call for proposals which will be published in June this
year . This call for proposals will be different in the sense that
it will propose a two year financing mechanism . This will
allow the networks to continue their work without a break

and without the obligation to participate in a call for tenders
every year . Med-Urbs will also stimulate the participation of
the new Member States and the use of local experts rather
than Community experts . The selection procedure will be
quicker and more transparent .

Furthermore, Med-Urbs will encourage towns in third
countries to take on the role of project leader and will
organize a ' banque de candidature ' where towns can find
partners or offer themselves as partner . Lastly, Med-Urbs
will organize four information and promotion missions to
inform municipalities and local authorities about Med-Urbs
and to listen to any suggestions they may have concerning
Med-Urbs .

24 . 7 . 95 I EN Official Journal of the European Communities No C 190 / 41

WRITTEN QUESTION P-1077 / 95

by James Nicholson ( PPE )

to the Commission

( 29 March 1995 )

( 95 / C 190 / 83 )

Subject : European Development Fund

With regard to the conclusions in the Court of Auditors
Report No 2 / 94 ( EU aid for structural adjustment ) and the
recent address by Lord Plumb at the ACP-EU Joint
Assembly, does the Commission accept that greater priority
should be given to addressing the social consequences of
adjustment which result from EU aid to developing
countries ?

Does the Commission propose to refocus the objectives of
the European Development Fund so that aid designated for
structural adjustment in Africa does not adversely affect the
poorest sectors in recipient countries ?

— Preparation of studies, addressing specific issues
concerning the poverty orientation of structural
adjustment programmes ( e.g. study on ' equity
orientation of revenue collection systems in ACP
countries ').

— Participation in the discussion and formulation of

national, country specific reform policies, usually to be
encoded in the policy framework papers .

The report of the Court of auditors referred to import
programmes carried out under the sixth EDF, when no
specific priority had been set out in the fields of education
and health in particular . These import programmes,
financed under Lome III, provided the Commission with a
trial run prior to the formal inclusion of structural
adjustment policies in Lome IV . As a result of this learning
process the Commission anticipated many of the report 's
recommendations and developed a number of measures to
improve the running of the programmes .

WRITTEN QUESTION P-1084 / 95

Answer given by Mr Pinheiro by Glyn Ford ( PSE )

on behalf of the Commission

( 20 April 1995 )

By the end of 1994, the total amount of structural
adjustment financing was around ECU 1 250 million for 38
eligible ACP countries . More than 70 % of the counterpart
funds generated have been used in social sectors with a clear
preference for primary health and basic education . Other
targets have been employment and infrastructure
maintenance . These priorities clearly reflect the
Commission 's policy of dealing with the social
consequences of adjustment through programmes against

poverty .

The Commission has also taken concrete measures to ensure
that anti-poverty issues are tackled by the main multilateral
and bilateral donors :

— Active participation in the special programme of

assistance for Africa ( SPA ) framework stressing the need
to redesign conventional approaches, in particular in the
following areas :

( a ) The socio-political context of adjustment must be
taken into account by reviewing the concept of
conditionality and by improving the sequencing of
economic reforms, thus also enhancing the
' ownership ' of policies . The Commission is
co-chairing together with Usaid a SPA working
group on the subject of ' economic reform in the
context of political liberalization '.

( b ) The improvement of the equity orientation of public

expenditure policies in the context of the SPA
working group .

to the Commission

( AO March 1995 )

( 95 / C 190 / 84 )

Subject : Registration of Commissioners ' interests

In the light of the response to my Question 357 / 95 ( l ) in
which it is stated that the Commission ' agreed to declare any
business or financial interests which could make them

dependent on firms or foundations ', can the President of the
Commission now please inform me ( and the rest of the
world ) where and when these declarations of interest are
open to public scrutiny ?

(•) OJ No C 179, 13 . 7 . 1995 .

Answer given by Mr Santer
on behalf of the Commission

( 25 April 1995 )

The declarations of business or financial interests made by
Members of the Commission are held by the Secretary ­
General of the Commission . The Commission considers that
these declarations are not apt to be made publicly available,
without prejudice to the powers of the Parliament to put the
appropriate questions to those nominated as Members of
the Commission before they are subject to a vote of approval
by the Parliament .

No C 190 / 42 EN Official Journal of the European Communities 24 . 7 . 95

QUESTION E-l 100 / 95 a review of the situation by the end of 1997 . The

Commission will examine the need for further action on the

Valverde Lopez ( PPE )

to the Commission basis of this review .

WRITTEN QUESTION E-l 100 / 95

by José Valverde Lopez ( PPE )

( 12 April 1995 ) f 1 ) SEC(92 ) 2214 .
( 95 / C 190 / 85 )

Subject : Due dates for payment for commercial
transactions in Spain

Business circles are extremely concerned and anxious at the
tendency to extend due dates for payment for commercial
transactions, particularly in the area of public infrastructure
works and supplies to hospitals . In both cases the Spanish
Government and its specialized authorities are responsible
for serious delays of over a year before payment is received .
Such practices do serious damage to these sectors, leading to
the final collapse of many small and medium-sized
enterprises .

Does the Commission have any information on this
matter ?

What does the Commission consider will be the effect on the

Community of such practices ?

Is the Commission able to take any action against
governments which adopt these harmful practices ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 15 May 1995 )

The Commission is very much aware of the growing concern
in business circles regarding late payment .

Following an extensive consultation process on the basis of
a working paper on the problem of the time taken to make
payments in commercial transactions ( ! ), the Commission
approved a recommendation to the Member States on
30 November 1994 . As stated in the Commission 's

integrated programme in favour of SMEs ( small and
medium sized enterprises ) and the craft sector, the main
aim of the recommendation is to improve the current
legal framework which was considered an insufficient
deterrent to bad payers in various Member States . The
recommendation provides for a right to interest on overdue
payments, appeals procedures for non-contested claims,
and improved payment discipline on the part of public
authorities . In regard to the latter, the Commission
recommends that payments on public contracts should
normally be made within 60 days and creditors should be
entitled to interest on arrears . The recommendation will

now be addressed to Member States and published in the
Official Journal .

The non-binding legal instrument of a recommendation was
chosen to allow Member States to adopt the measures most
appropriate to their legal framework and commercial
practices . The recommendation does, however, provide for

WRITTEN QUESTION P-l 114 / 95

by Peter Truscott ( PSE )

to the Commission

( 10 March 1995 )

( 95 / C 190 / 86 )

Subject : Mandatory aviation standards

Can the Commission provide the assurance that mandatory
aviation standards are being enforced by all Member States
without compromises based on financial constraints ? In
particular, does the Commission agree that EU members
who are also members of the European Civil Aviation
Conference ( ECAC ) and members of the Council of the
International Civil Aviation Organization ( ICAO ), have a
special duty to ensure that all mandatory security
regulations included in Annex 17 to the Chicago
Convention on Civil Aviation, especially standard 4.3.1 .

( passenger / baggage reconciliation ), are implemented to
avoid a possible repetition of the Pan Am Lockerbie
tragedy ?

Would the Commission also agree to initiate an immediate

study of internationally agreed mandatory aviation security
regulations by EU Member States ?

Answer given by Mr Kinnock

on behalf of the Commission

(4 May 1995 )

The Commission is assured that Member States are fully
committed to the implementation of the European Civil
Aviation Conference ( ECAC ) and the International Civil
Aviation Organization ( ICAO ) standards relating to
aviation security .

In the matter of passenger and baggage reconciliation in
particular, replies to a recent questionnaire sent out to all
ECAC members have indicated that as far as the Member

States are concerned, passengers and baggage are reconciled
at all times, with two exceptions : France indicates that
reconciliation is unreliable in the case of transit or

connecting passengers, and Greece cannot guarantee 100 %
reconciliation . The Commission is at present giving
consideration to ways in which this situation can be
improved .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 43

As comprehensive information on aviation security Answer given by Mr Kinnock
regulations is available through the ECAC working group on behalf of the Commission
on security, the Commission does not at present intend to (5 May 1995 )
undertake a specific study in this field .

Answer given by Mr Kinnock

(5 May 1995 )

WRITTEN QUESTION P-l 139 / 95

by Bill Miller ( PSE )

to the Commission

(5 April 1995 )

( 95 / C 190 / 87 )

Subject : Compensatory payments to voluntary groups in

the case of late payment of Commission grants

In cases where Commission grants have been paid late, will
the Commission pay interest charges on loans taken out by
voluntary groups to cover essential expenditure ?

The Commission is aware of the legal problems arising from
the annulment by the Court of Justice of Regulation ( EEC )
No 4059 / 89 and Regulation ( EEC ) No 2454 / 92 .

With regard to the annulment of Regulation ( EEC )
No 4059 / 89, the Council acting on a proposal
from the Commission, has adopted Regulation ( EEC )
No 3118 / 93 f 1 ).

With regard to the annulment of Regulation ( EEC )
No 2454 / 92, the Commission will very soon be putting
forward a new proposal for a Regulation .

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

Answer given by Mr Liikanen

on behalf of the Commission WRITTEN QUESTION E-l 163 / 95

( 28 April 1995 ) by Helwin Peter ( PSE )

to the Commission

( 10 April 1995 )

The Financial Regulation applicable to the general budget of
the European Communities Regulation of 21 . 12 . 1977, as 95 / C 190 / 89 )
last amended by Regulation ( EC ) No 2730 / 94 of 31 . 10 .

1994 (') does not contain any provisions authorizing the
Commission to pay interest on loans taken out to cover
expenditure resulting from the late payment of subsidies .

(M OJ No L 293, 12 . 11 . 1994 .

WRITTEN QUESTION P-l 144 / 95

by Florus Wijsenbeek ( ELDR )

to the Commission

(7 April 1995 )

( 95 / C 190 / 88 )

Subject : Annulled legislation

1 . Is the Commission sufficiently aware that, as a result
of the judgments of the Court of Justice of 16 July 1992

( C / 65 / 90 ) and 1 June 1994 ( C-388 / 92 ), Regulation ( EEC )
No 4059 / 89 (') and Regulation ( EEC ) No 2454 / 92 ( 2 ) of
23 July 1992 are null and void ?

2 . Why has the Commission not yet taken any steps to
replace them ?

H OJ No L 390, 30 . 12 . 1989, p . 3 .

( 2 ) OJ No L 251, 29 . 8 . 1992, p . 1 .

Subject : Problems for buses at frontiers

1 . Is the Commission aware that the French authorities
have recently begun to insist on stamping the journey forms
of buses when they cross the frontier ?

2 . Is the Commission further aware that, while there is,
as a rule, no one at the frontier to stamp these documents,
drivers are fined if their journey form is subsequently
checked and found not to have been stamped ?

3 . What action does the Commission intend to take
to make such obstructions of intra-Community travel
avoidable ?

Answer given by Mr Kinnock

on behalf of the Commission

(6 June 1 995 )

The Commission has no knowledge of the facts referred to
by the Honourable Member . It has asked the Member State
concerned for information and will inform the Honourable

Member of its findings .

No C 190 / 44 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-l 178 / 95

by Mark Killilea ( RDE )

to the Commission

( 27 April 199 5 )

( 95 / C 190 / 90 )

Subject : Horizon programme — reduction by Irish
Government of percentage allocation to
disability

Following Parliament 's recommendation that under the
Employment initiative, 65 % of funds under Horizon be
reserved for people with disability, it is with considerable
disappointment that I note the Irish Government has
decided to reduce this allocation to 55 % .

What reasons, if any, has the Irish Government put forward
in justification of this allocation when a higher level
of funding for disability was available, and does the
Commission feel it is acceptable, given the express wish to
Parliament in this regard ?

Furthermore, will it state what action it can take to ensure
that the Irish Government 's allocation to this part of the
Horizon programme is raised to 65% ?

Answer given by Mr Flynn
on behalf of the Commission

(1 June 1995 )

In allocating to the Horizon strand over half of the total
resources available for the Employment initiative, the
Commission continues to give recognition to the need for
priority action targeted at the specific needs of disabled
people and other disadvantaged groups facing exclusion
from the labour market .

The Commission, in its bilateral negotiations with the
Member States on the individual operational programmes,
honoured the Parliament 's specification in the budget
that 65 % of funds available for actions under the
Employment-Horizon initiatives be allocated to actions
aimed at disabled people, by making this recommendation
to all Member States . By far the majority of Member States
complied with the 65 %, though technically there was no
legal obligation for them to do so . Two Member States
devoted 70 % to actions for disabled people, and three —
including Ireland — devoted only 55 % .

A strong case was argued by the Irish authorities that the
overall priority within Ireland for actions for the benefit of
disabled people is reflected in the allocation of over 7 % of
the budget for that purpose under the human resources
programme from the European social fund under the
Community support frameworks, which is a much higher
proportion than any other Objective 1 Member State . In this

way, the opportunity could be taken under the Horizon
initiative to devote extra funds to testing innovative
approaches to promoting the integration of other
disadvantaged groups, who are seriously under-represented,
such as travellers .

Under the Community support frameworks, Ireland is
receiving ECU 145 million from the European social fund
for actions in favour of disabled people, as well as ECU 7
million from the European Regional Development Fund .
Including the ECU 20 million allocated to actions for
disabled people under the Employment-Horizon initiatives
total funds allocated to disabled people in Ireland under the
Structural Funds amount to ECU 172 million .

WRITTEN QUESTION P-1185 / 95

by Peter Crampton ( PSE )

to the Commission

( 11 April 1995 )

95 / C 190 / 91 )

Subject : Access to documents

I understand that the draft of the document known as the

PINC — the Illustrative Nuclear Programme under
Article 40 of the Euratom Treaty — which concerns the
future of nuclear energy in the EU, has been the subject of
consultation with industries with vested interests in nuclear

energy . It has not been the subject of any public
consultation . When will the document be made public ?

Answer given by Mr Papoutsis

on behalf of the Commission

(5 May 1995 )

The Commission is preparing the illustrative programme for
nuclear industries in Europe ( PINC ), foreseen under the
Euratom Treaty, and intends to adopt it within 1995 .

The formal procedure is that after adoption by the
Commission, the programme will be submitted to the
Economic and Social Committee, according to the
provisions of Article 40 Euratom Treaty, to obtain its
opinion .

Although the formal consultation of the Parliament is not
foreseen by the Euratom Treaty, the Commission intends to
ensure that the Parliament receives information on this

issue .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 45

QUESTION P-1186 / 95 The Commission upholds its position and has no intention

Poul Schliiter ( PPE ) of modifying it in the forthcoming discussions on this

to the Commission Directive .

WRITTEN QUESTION P-1186 / 95

by Poul Schliiter ( PPE )

( 11 April 1995 )

( 95 / C 190 / 92 )

Subject : Proposal for a Directive on the posting of
workers

One of the reasons for the continuing disagreement amongst
the Member States of the EU on future rules on the

temporary posting of workers is the fear that very strict rules
will in practice restrict the free movement of services .
Moreover, evidence would appear to suggest that work on
removing technical barriers to trade in the internal market is
far from complete . On the basis of a survey, the Economic
and Social Committee ( ESC ) in autumn 1994 recorded as
many as 62 barriers to trade, 31 of these relating to the free
movement of goods, 1 5 to the free movement of services and
the right of establishment, 13 to the free movement of
persons and two to the free movement of capital . Will the
Commission use its powers pursuant to Article 1 89a(2 ) of
the Treaty to ensure that the proposed directive on the
posting of workers does not inadvertently restrict the free
movement of services, to the detriment of employment and
growth in the internal market ?

(•) COM(93)225 final . — OJ No C 187, 9 . 7 . 1993 .

WRITTEN QUESTION E-l 195 / 95

by Angela Billingham ( PSE )

to the Commission

( 28 April 1995 )

( 95 / C 190 / 93 )

Subject : British citizens deported to Germany from Jersey

in contravention of the Hague Convention

Is the Commission aware that British citizens who were

deported still await compensation ?

Will the Commission bring pressure to bear on the German
and UK Governments to ensure that this matter is

resolved ?

Answer given by Mr Flynn
on behalf of the Commission

( 22 May 1995 )

The matter in question does not come within its jurisdiction
of the Commission .

Answer given by Mr Flynn
on behalf of the Commission

( 18 May 1995 )

WRITTEN QUESTION P-1203 / 95

by Roberta Angelilli ( NI )

The Commission believes that the underlying principle of its
proposal to the Council for a directive on the posting of
workers ( 1 ), which is that any undertaking providing
transnational services and posting workers to another
Member State for this purpose must respect a nucleus of
mandatory rules in force in that Member State, is in line with
the fundamental objectives of facilitating the free movement
of services and preventing exploitation of labour .

Adoption of the Directive is being hindered by the question
of the waiting period for application of the rules concerning
minimum wage rates and the minimum duration of paid
leave .

For some Member States and for the Commission, the
absence of any waiting period in the case of short-term
postings which involve no appreciable risk of exploitation
of the workers would be detrimental not only to the free
movement of services but also to the interests and mobility
of the workers concerned .

to the Commission

( 20 April 1995 )

( 95 / C 190 / 94 )

Subject : Allocation and take-up of funds for Community

programmes

During the previous iive-year period the European Union
allocated funds for tackling the growing problem of
unemployment through various programmes such as the
NOW programme for women, the Horizon programme for
the disabled and other disadvantaged groups, the Force

programme, etc .

Can the Commission give details of the funding ( the amount
of ecus ( million ) per programme ) earmarked for Italy during
the period in question and the extent to which it was taken
up by Italy ?

Can it also state the percentage take-up of Community
funding by each EU Member State ?

No C 190 / 46 EN Official Journal of the European Communities 24 . 7 . 95

Answer given by Mr Flynn
on behalf of the Commission

Answer given by Sir Leon Brittan

on behalf of the Commission

( 23 May 1995 ) (9 June 1995 )

For the period 1991 — 1994 for the Community initiatives
Horizon, Now and Euroform, Italy had two operational
programmes for each initiative, and a technical assistance
programme for each ( i.e. 9 programmes in all ). A total of
ECU 115 million was allocated to the 9 programmes : ECU

1 1 1,5 million for the six operational programmes, and ECU
3,5 million for technical assistance . By the end of 1994,
50 % of the total amount had already been committed, and
on 15 December 1994, a claim for the second advance
payment of ECU 31 million was introduced for which
payment was made on 3 March 1995 . Consequently, the
Italian authorities have received approximately 76 % of the
total resources available for the three initiatives concerned .

The 24 % which remains should be claimed before the end

of June 1 995 in the case of the operational programmes, and
before the end of December 1995 in the case of technical

assistance .

The average rate of uptake of available funds for the three
initiatives by the Member States, as of 20 April 1995, is
77,5% .

77 Italian projects were selected for the Force programme
with a total amount of ECU 6,6 million . This is about 12 %
of the total budget of the programme .

WRITTEN QUESTION E-1213 / 95

by James Provan ( PPE )

to the Commission

( 28 April 1995 )

( 95 / C 190 / 95 )

Subject : EU grant aid for the Panam County Integrated

Rural Development Project

Is it the intention of the Commission to assist with

the funding of the Panam County Integrated Rural
Development Project to a level of ECU 7,5 million ?

Does the Commission feel that it is justified to improve food
security in the project area of Tibet, as the need for extra
food is caused by the increasing number of Chinese settlers,
who are marginalizing the native Tibetans ?

The Honourable Member is referred to the Commission 's

answers to Written Questions Nos 94 / 95 ('), 276 / 95 ( 2 ) and

1054 / 95 ( 3 ).

(>) OJ No C 139, 5 . 6 . 1995, p . 58 .
( 2 ) OJ No C 139, 5 . 6 . 19 95, p . 64 .
( 3 ) OJ No C 179, 13 . 7 . 1995 .

WRITTEN QUESTION E-1253 / 95

by Jean-Pierre Raffarin ( PPE )

to the Commission

(5 May 1995 )

( 95 / C 190 / 96 )

Subject : The threat from cormorants to the aquatic

environment

Cormorants are a protected species, particularly under
Council Directive 79 / 409 / EEC ( l ) and by the Council of
Europe Convention of 19 September 1979 .

French fishery and aquatic environmental protection
associations are concerned at the increase in the population
of this species of bird, which is decimating river basins and
ponds to a serious extent .

In order to reduce the possibility of endangering the
balance of the fish populationin many regions, does the
Commission envisage measures to control the numbers of
these birds ?

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

Answer given by Mrs Bjerregaard

on behalf of the Commission

(8 June 1995 )

The Commission would refer the Honourable Member to

the answer to Written Question No 1784 / 94 (').

That answer is still valid .

f 1 ) OJ No C 24, 30 . 1 . 1995 .
Does the Commission not accept that China is using
repressive tactics against the Tibetans and, therefore, grant
aid should not be available ?

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 47

WRITTEN QUESTION P-1325 / 95

by José García-Margallo y Marfil ( PPE )

included four studies on food allergies . Where have the
results been published ?

to the Commission
(!) OJ No L 200, 13 . 7 . 1989, p . 18 .

( 25 April 1995 )

( 95 / C 190 / 97 )

Subject : Protection of the Valencian language

The protection of minority languages is the prime objective
of the European Office for lesser-spoken languages, which
is subsidized by the Commission, the Governments
of Luxembourg, Ireland and Friesland and by the
German-speaking and French communities in Belgium . It is
stated in its publications that Catalan is the official language
of Catalonia, Valencia and the Balearic Islands . This
infringes Article 7 of the Valencia Community 's Statute of
Autonomy according to which the two official languages
of the Autonomous Community are Valencian and
Castilian .

What action does the Commission intend to take to ensure

that Valencian is respected as the language of the Valencia
Community, as expressly stated in its Statute of
Autonomy ?

Answer given by Mrs Cresson

Answer given by Mr Santer
on behalf of the Commission

( 31 May 1995 )

The Commission would point out that this question is
exactly the same as the Honourable Member 's Written
Question No 511 / 95 .

The Commission would therefore refer the Honourable

Member to the answer it has already given to that
question ( 1 ).

(') OJ No C 179, 13 . 7 . 1995 .

WRITTEN QUESTION E-1357 / 95

by José Valverde Lopez ( PPE )

to the Commission

on behalf of the Commission ( 12 May 1995 )

( 19 May 1995 ) ( 95 / C 190 / 99 )

Under budget heading B3 1006, the Commission supports a
series of activities for the promotion and safeguarding of
regional or minority languages and cultures .

Measures to promote Valencian may receive financial aid

under this heading .

As regards the publications of the European Office for
lesser-spoken languages, which is an independent body
working to promote and safeguard such languages, the
Honourable Member might care to refer to a recent
publication of this Office, ' Key words : a step into the world
of lesser-used languages ', a copy of which is being sent
directly to the Honourable Member and to the
Secretariat-General of Parliament .

WRITTEN QUESTION E-1355 / 95

by José Valverde Lôpez ( PPE )

to the Commission

( 12 May 1995 )

( 95 / C 190 / 98 )

Subject : Food allergies

Subject : Human genome analysis

In the context of the research programme on human genome
analysis ( 1990 — 1992 ) ( ] ), contracts were awarded for
study of the ethical, social and legal aspects of human
genome analysis . Specific areas such as the ethical aspects of
experimental gene therapy and public information are being
studied . Is it possible to obtain the results of these studies ?
Have they been published ? What public information
activities have been carried out ?

(') OJ No L 196, 26 . 7 . 1990, p . 8 .

Answer given by Mr Santer
on behalf of the Commission

(1 June 1995 )

The Commission would point out that this question is
exactly the same as the Honourable Member 's Written

Question No 510 / 95 .

The Commission would therefore refer the Honourable
Member to the answer it has already given to that
question (*).

(!) OJ No C 152, 19 . 6 . 1995, p . 43 .
The research and technological development programme in
the field of food science and technology ( 1989 — 1993 ) (*)

No C 190 / 48 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-1358 / 95

by José Valverde Lôpez ( PPE )

Answer given by Mr Santer
on behalf of the Commission

to the Commission ( 31 May 1995 )

( 12 May 1995 )

( 95 / C 190 / 100 ) The Commission would point out that this question is
exactly the same as the Honourable Member 's Written
Question No 507 / 95 .

Subject : Public awareness of biotechnological issues

In 1992 the Commission announced the ' setting-up and
running of a network of teachers and researchers designed
to make the public more aware of the issues at stake in
biotechnology ' ( XXVI General Report, point 290 ). What
activities have been carried out and what other measures

does the Commission intend to take to ensure that public
opinion in this area is informed and responsible ? Otherwise
the EU is likely to become an area of inquisitorial
prohibitions against research and development .

The Commission would therefore refer the Honourable

Member to the answer it has already given to that
question ( 1 ).

(') OJ No C 179 . 13 . 7 . 1995 .

WRITTEN QUESTION P-1366 / 95

by Francisca Bennasar Tous ( PPE )

to the Commission

Answer given by Mr Santer
on behalf of the Commission (3 May 1995 )

( 95 / C 190 / 102 )
( 31 May 1995 )

The Commission would point out that this question is
exactly the same as the Honourable Member 's Written
Question No 508 / 95 .

The Commission would therefore refer the Honourable

Member to the answer it has already given to that
question (').

C ) OJ No C 179, 13 . 7 . 1995 .

WRITTEN QUESTION E-1359 / 95

by José Valverde Lôpez ( PPE )

to the Commission

( 12 May 1995 )

( 95 / C 190 / 101 )

Subject : JRC Institute for the Environment

There is general criticism of the activities, methods and
objectives of the Joint Research Centre and there is
considerable ignorance about its work . Scientists consider
that it would be much more appropriate for the Commission
to grant more external contracts to genuine research teams
in the various sectors . In addition to this general debate,
there is a lack of information on the work of certain

institutes such as the Institute for the Environment .
Presumably its scientific and technical capability should be
taken into account by public opinion, the Commission and
governments in their decision-making . But there is little
awareness of this scientific support . Does the Commission
intend to take steps to publicize the activities of the Institute
for the Environment ?

Subject : Distribution and sale of a postcard with the

caption ' Spain, mountains of coke '

In the Balearic Islands ( Spain ), postcards have been seen on
display showing a photograph of a Spanish saltworks with
the caption ' Spain, mountains of coke '. The photograph is
the work of the photographer Ekkeheart Gurlitt and is
legally registered under number B.16028-XXXIV ( all rights
reserved ).

Is the Commission aware of the existence of this kind of

advertising, which associates the tourist image of Spain with
drug consumption ? Has the Commission any intention,
under the future programme of Community action on the
prevention of drug dependence within the framework for
action in the field of public health ( 1995 — 2000 ) ('), of
acting in response to something which encourages drug
consumption and seriously damages the image of a Member
State by using the alleged sale of drugs as a tourist
attraction ?

(M COM(94 ) 223 .

Answer given by Mr Flynn
on behalf of the Commission

( 23 May 1995 )

The Commission does not have any information on the
matter referred to by the Honourable Member .

The Commission would point out that the Treaty on
European Union has provided the Member States and
European institutions with a new framework for
cooperation in preventing drug use and drug addiction . On
this basis, in addition to a communication to the Council
and the Parliament on a programme of Community action

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 49

on the prevention of drug dependence, the Commission
adopted in June 1994 a proposal for a Decision, based on
Article 129 of the EC Treaty, concerning an initial
Community action programme on the prevention of drug
addiction, set in the context of public health .

What does Project ALA-92 / 1 9 consist of, and what progress
has been made on it so far ?

When will a start be made on the EU projects on rural
development and the re-integration of demobilizd fighters in
the departamentos of Chalatenango and San Vicente ? How
much will they cost ?

Nevertheless States that are, it responsible must be stressed for preventing that it is still drug the use Member . They much will they cost ?
alone have responsibility for the relevant legal provisions,
including those on combating encouragement to consume
drugs . Harmonization of national laws in this area is not
provided for in Article 129 of the EC Treaty . Answer given by Mr Marin
on behalf of the Commission

( 20 June 1995 )

WRITTEN QUESTION E-l 427 / 95

Valverde Lôpez ( PPE ) In view of the length of its answer, the Commission is

the Commission sending it direct to the Honourable Member and to

Parliament 's Secretariat .
( 22 May 1995 )

by José Valverde Lôpez ( PPE )

to the Commission

(9 SIC 190 / 103 )

Subject : Biomedicine and health

Will the Commission please provide me with a list of studies,
publications, reports etc . which have resulted from the
technical research and development programme on
biomedicine and health ( 1990 — 1994 ) ( M ?

(M OJ No L 267, 24 . 9 . 1991, p . 25 .

Answer given by Mr Santer
on behalf of the Commission

(9 June 1995 )

The Commission would point out that this question is
exactly the same as the Honourable Member 's Written
Question No 852 / 95 .

The Commission would therefore refer the Honourable

Member to the answer it has already given to that
question ( 1 ).

(') See page 30 of this Official Journal .

WRITTEN QUESTION E-1450 / 95

by Christine Oddy ( PSE )

to the Commission

( 22 May 1995 )

( 95 / C 190 / 105 )

Subject : EU manufacture of instruments of torture

Is the Commission aware of the sale by UK companies of
electric shock batons and leg irons to security forces which
practise torture ?

Will the Commission call for properly implemented controls
to be established at European level to prevent such a
trade ?

Answer given by Sir Leon Brittan

on behalf of the Commission

WRITTEN QUESTION E-1438 / 95 (8 June 1995 )

by Wolfgang Kreissl-Dorfler ( V )

to the Commission

( 22 May 1995 )

( 95 / C 190 / 104 )

The Honourable Member is referred to the Commission 's

answers to Written Questions Nos 741 / 95 ( [ ) and
889 / 95 ( 2 ).

Subject : EU projects in El Salvador since 1992 0 ) OJ No C 139, 5 . 6 . 19 95, p . 76 .

( 2 ) OJ No C 139, 5 . 6 . 1995, p . 78 .
What projects are included in the total package of ECU 50
million of EU support for the peace process in El Salvador,
agreed at the San Jose VIII Conference ( March 1992 )?

No C 190 / 50 EN Official Journal of the European Communities 24 . 7 . 95

WRITTEN QUESTION E-1558 / 95

by James Moorhouse ( PPE )

Answer given by Sir Leon Brittan

on behalf of the Commission

to the Commission ( 15 June 1995 )

(1 June 1995 )

( 95 / C 190 / 106 The Commission would refer the Honourable Member to its
answer to Written Questions Nos 741 / 95 (*), 889 / 95 ( 2 ) and

Subject : Exports by Member States of instruments of 1450 / 95 ( 3 ).

torture

Is the Commission aware of any exports by Member States
of instruments of torture to third countries ?

f 1 ) OJ No C 139, 5 . 6 . 1995, p . 76 .

( 2 ) OJ No C 139, 5 . 6 . 1995, p . 78 .

( 3 ) See page 49 of this Official Journal .

24 . 7 . 95 EN Official Journal of the European Communities No C 190 / 51

CORRIGENDA

Corrigendum to the Answer given by Mr Flynn on behalf of the Commission (1 March 1994 ) to Written

Question E-3320 / 93

( Official Journal of the European Communities No C 376 of 30 December 1994 )

( 95 / C 190 / 107 )

On pages 16 and 17 the text of the answer is replaced by the following :

' Answer given by Mr Flynn
on behalf of the Commission

(1 March 1994 )

1 . The proposal for a Regulation aimed at extending
the scope of Regulations ( EEC ) No 1408 / 71 and ( EEC )
No 574 / 72 to include all insured persons and special
schemes for civil servants and persons treated as such (*) is
being discussed within the Council . Various technical
matters have now been settled, and outstanding problems
have to do mainly with the coordination of special schemes
for civil servants and persons treated as such .

Moreover, with regard to unemployed workers, the
Commission is to present in 1994 a new proposal designed
to replace the proposal for a Regulation concerned with
' unemployment and pre-retirement ' which was submitted to
the Council in 1980 ( 2 ). In this connection, it is currently
striving to achieve, in a balanced manner, greater flexibility
in the granting of unemployment benefits to those seeking
work in the Community, while limiting instances of
abuse .

2 . The Commission does not intend to propose to the
Council that existing coordination in the field of statutory
social protection schemes be extended to supplementary
schemes . The nature of obstacles to the mobility of workers
arising from supplementary schemes is very different from
the problems raised by statutory schemes . Consequently, a
specific approach tailored to supplementary schemes is
necessary . The Commission launched a debate on these
matters when it adopted, in July 1991, a communication to
the Council ( 3 ). On this basis, the Commission may in due
course present proposals to facilitate the free movement of
workers .

3 . Member States ' social security schemes which
continue to apply overseas are an integral part of
Community coordination and fall within the scope of
Regulations ( EEC ) No 1408 / 71 and ( EEC ) No 574 / 72 .

4 . Under Article 33 of Regulation ( EEC ) No 1408 / 71,
pensioners may have sickness insurance contributions
deducted by the institution of the Member State which pays
them sickness benefits .

Cases of double deduction of contributions contrary to this
provision have occurred in the past, resulting in a judgment
by the Court of Justice ( Commission versus Belgium — Case
275 / 83 ). No similar case has recently been brought to the
attention of the Commission .

5 . The Commission is currently conducting an in-depth
examination of the complex issues arising from the
application of the French generalized social security
contribution to migrant workers, with particular reference
to frontier workers .

6 . As regards infringements, two reasoned opinions were
sent to France by the Commission in connection with
discrimination regarding unemployment allowances

( problems concerned with aggregation of insurance periods
and calculation of benefits for frontier workers ), and a
reasoned opinion was sent to Belgium in connection with
the unjustified reduction of an old-age pension . Further to
these reasoned opinions, the Member States in question
notified the Commission that they had taken the necessary
measures to conform with Community law . Consequently,
the Commission has now closed these infringement
procedures .

Furthermore, the Commission has decided to close the
procedure against Germany concerning the exclusion of
migrant workers from other Member States from the
benefits of the bilateral Swiss-German agreement on
unemployment insurance . Ruling on a similar case ( Case
C-23 / 92, Grana-Novoa, judgment of 2 August 1993 ) the
Court of Justice took an opposing view to that of the
Commission .

Finally, it should be noted that the Commission submits to
the Parliament each year a report on monitoring of the
application of Community law . The abovementioned
infringement procedures are mentioned in the 10th
report ( 4 ).

(M OJ No C 46, 20 . 2 . 1992 .
( 2 ) OJ No C 169, 9 . 7 . 1980 .

( 3 ) SEC(91 ) 1332 final — Supplementary social security schemes :

the role of occupational pension schemes in the social protection
of workers and their implications for freedom of movement .

( 4 ) OJ No C 233, 30 . 8 . 1993 .'