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^ * ^ / * / * •  - _A_ T " "1 ISSN 0378-6986
# Official Journal C94

# _m_ Volume 34
### of the European Communities tI [ A ^ mi ]

#### En g u S h edition Information and Notices

Notice No Contents Page

I _Information_

European Parliament

_Written Questions with answer_

91/C 94/01 No 567/89 by Mr Paul Staes to the Commission
Subject: The kangaroo industry in Australia 1

91/C 94/02 No 807/89 by Mr Gerard Deprez to the Commission
Subject: Road transport problems 1

91/C 94/03 No 925/89 by Mr Hemmo Muntingh to the Commission
Subject: Luneburg Heath nature reserve (Supplementary answer) 2

91/C 94/04 No 1013/89 by Mr Jose Valverde Lopez to the Commission
Subject: The situation with regard to the Integrated Development Programmes submitted by
Spain 3

91/C 94/05 No 1014/89 by Mr Jose Valverde Lopez to the Commission

Subject: The position with regard to Integrated Development Operations (IDOs) in Spain .... 3

Joint answer to Written Questions Nos 1013/89 and 1014/89 3

91/C 94/06 No 1160/89 by Mr David Martin to the Commission

Subject: Association agreements 3

91/C 94/07 No 1252/89 by Mr Juan Bandres Molet to the Commission
Subject: Setting up of a new factory by the Silenka multinational corporation in La Vail d'Uixo
in the Plana Baixa district 4

91/C 94/08 No 147/90 by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin to the Commission
Subject: Air transport 5

91 /C 94/09 No 277/90 by Mr George Patterson to the Commission
Subject: Restrictions on lorry movements at night or weekends 5

2 (Continued overleaf)

Notice No Contents (continued) Page

91/C 94/10 No 343/90 by Mrs Hiltrud Breyer to the Commission
Subject: EC Directive on environmental impact assessment 6

91/C 94/11 No 405/90 by Mrs Beate Weber to the Commission
Subject: Amendment of Directive 79/409/EEC on the conservation of wild birds 6

91/C 94/12 No 422/90 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject: Local economic factors in relation to EDF aid 7

91 /C 94/13 No 432/90 by Mr Yves Verwaerde and Mr Jean-Pierre Raff arin to the Commission
Subject: Boat people 7

91/C 94/14 No 627/90 by Mr Juan Bandres Molet to the Commission
Subject: Sand dredging off Mallorca 7

91 /C 94/15 No 667/90 by Mrs Hiltrud Breyer to the Commission
Subject: Effects of plasticizers 8

91 /C 94/16 No 867/90 by Mr Floras Wijsenbeek to the Commission
Subject: Costs and benefits of the internal market 9

91/C 94/17 No 927/90 by Mr Carlos Pimenta to the Commission
Subject: EC implementation of the Berne Convention 10

91 /C 94/18 No 947/90 by Mr Enrique Sapena Granell to the Commission
Subject: Shortcomings in the regulations governing access to the profession of haulier 10

91/C 94/19 No 963/90 by Mr Dieter Rogalla to the Commission
Subject: German-Greek youth projects for protection of the landscape 11

91/C 94/20 No 973/90 by Mr Christopher Jackson to the Commission
Subject: Beazley fire isolating valves 11

91/C 94/21 No 987/90 by Mrs Anna Hermans to the Commission
Subject: Biodegradable packaging material 12

91/C 94/22 No 1017/90 by Mr Gerard Monnier-Besombes to the Commission
Subject: Implementation of Directive 79/409/EEC: special protection areas for the Bearded
vulture (Gypaetus barbatus) in France 12

91/C 94/23 No 1092/90 by Mrs Raymonde Dury to the Commission
Subject: The 'Solunor' factory 12

91/C 94/24 No 1113/90 by Mr Jaak Vandemeulebroucke to the Commission
Subject: Relations between the European Communities and the United States 13

91/C 94/25 No 1158/90 by Mrs Astrid Lulling to the Commission

Subject: Adverse publicity given by the Commission to the Eurocheque system 14

91/C 94/26 No 1175/90 by Mr Frederic Rosmini to the Commission
Subject: Mediterranean high-speed rail link 15

91/C 94/27 No 1194/90 by Mrs Cristiana Muscardini to the Commission
Subject: The port and airport of Catania 15

Notice No Contents (continued) Page

91/C94/28

91/C94/29

91/C94/30

91/C94/31

91/C94/32

91/C94/33

91/C94/34

91/C94/35

91/C94/36

91/C94/37

91/C94/38

91/C94/39

91/C94/40

91/C94/41

91/C94/42

91/C94/43

91/C94/44

91/C94/45

No 1197/90 by Mr Floras Wijsenbeek to the Commission
Subject: The supply of dentures to the public 15

No 1227/90 by Mr Arias Cafiete to the Commission
Subject: Multiannual guidance programme for acquaculture (1987 to 1991) for Spain 16

No 1233/90 by Mr Jean-Pierre Raffarin to the Commission
Subject: Eligibility of the left bank of the river Seudre for funding under Objective 5b 17

No 1277/90 by Mr Francois-Xavier de Donnea to the Commission
Subject: Global wanning 17

No 1436/90 by Mr Hemmo Muntingh to the Commission
Subject: Community contribution to deforestation in Equatorial Guinea 18

No 1447/90 by Mr Llewellyn Smith to the Commission
Subject: Research, development, demonstration and policies in the field of alternative energy
sources and rational use of energy — powers of the Commission 19

No 1555/90 by Mrs Christine Crawley to the Commission
Subject: Motor-cyclists in danger from other road users 19

No 1622/90 by Mrs Winifred Ewing to the Commission
Subject: Antarctic Treaty 20

No 1652/90 by Mr Vassilis Ephremidis to the Commission
Subject: Commission's powers. Legal basis of texts on sea transport 20

No 1702/90 by Mrs Carmen Diez De Rivera to the Commission
Subject: Driving licences and the elderly 21

No 1757/90 by Mrs Maartje Van Putten to the Commission
Subject: UN Declaration on the Rights of the Child 21

No 1762/90 by Mr Carlos Robles Piquer to the Commission
Subject: Coordination of European efforts with regard to HDTV 22

No 1772/90 by Mr Jose Valverde Lopez to the Commission
Subject: Failure by Belgium, Italy and Luxembourg to implement the Directive on mutual
recognition of diplomas and right of establishment for pharmacists 23

No 1837/90 by Mrs Ursula Schleicher to the Commission
Subject: Amendment of the directive on drinks containers 23

No 1885/90 by Mr Floras Wijsenbeek to the Commission
Subject: Restriction on the free import of diesel fuel 23

No 1899/90 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject: Future 'peripheral' areas of the FRG 24 

No 1927/90 by Mr Carlos Robles Piquer to the Commission
Subject: New eolian platform in Spain 24

No 1957/90 by Mr Mihail Papayannakis to the Commission
Subject: Official status (recognition) of diplomas issued by the Athens Health Faculty 25

(Continued overleaf)

Notice N o Contents (continued) Page

91 / C 94/46 N o 1967/90 by Mrs Hiltrud Breyer to the Commission

Subject: European cultural park in Bliesbrueck-Reinheim 25

9 1 / C 94/47 N o 1989/90 by Mrs Raymonde Dury to the Commission

Subject: Court of Justice: Case 222/84 26

9 1 / C 94/48 N o 2020/90 by M r Ernest Glinne to the Commission

Subject: Member States' development cooperation budgets 26

9 1 / C 94/49 N o 2027/90 by M r Thomas Megahy to the Commission

Subject: Airport security 27

9 1 / C 94/50 N o 2029/90 by M r Nino Pisoni to the Commission

Subject: 'Non-quota' milk imports in Italy 27

9 1 / C 94/51 N o 2038/90 by M r Jean-Pierre Cot and M r Luigi Colajanni to the Commission

Subject: Application of Lome IV 28

91 / C 94/52 N o 2039/90 by M r Adrien Zeller to the Commission

Subject: Potash imports from the USSR 28

9 1 / C 94/53 N o 2041/90 by M r Madron Seligman to the Commission

Subject: Safety of coach passengers 29

9 1 / C 94/54 N o 2052/90 by M r Ernest Glinne to the Commission

Subject: Ecological exploitation of resources in Amazonia 29

9 1 / C 94/55 N o 2076/90 by M r Francois-Xavier de Donnea to the Commission

Subject: Retail trade 30

9 1 / C 94/56 N o 2095/90 by M r Llewellyn Smith to the Commission •

Subject: Research by DGs XI, XII and XVII into discharges from nuclear plants 31

9 1 / C 94/57 N o 2096/90 by M r Llewellyn Smith to the Commission

Subject: Radioactive discharges from processing plants 31

9 1 / C 94/58 N o 2117/90 by M r Bryan Cassidy to the Commission

Subject: Export of tobacco from intervention 31

9 1 / C 94/59 N o 2139/90 by M r Gerhard Schmid to the Commission

Subject: Packaging made from popcorn 32

9 1 / C 94/60 N o 2145/90 by M r Ian White to the Commission

Subject: Community Trade Marks Office 33

91 / C 94/61 N o 2156/90 by M r Barry Desmond to the Commission

Subject: Namibia 33

9 1 / C 94/62 N o 2161 /90 by M r Madron Seligman to the Commission

Subject: Food hygiene — Responsibility and cost of enforcing regulations 33

9 1 / C 94/63 N o 2197/90 by M r Jose Barros Moura to the Commission

Subject: Advance payment of ERDF appropriate ->ns to municipal authorities 34

Notice N o Contents (continued) Page

91/C94/64

91/C94/65

91/C94/66

91/C94/67

91/C94/68

91/C94/69

91/C94/70

91/C94/71

91/C94/72

91/C94/73

91/C94/74

91/C94/75

91/C94/76

91/C94/77

91/C94/78

N o 2361/90 by M r Carlos Carvalhas to the Commission

Subject: ERDF payments to Portuguese municipalities 34

Joint answer to Written Questions Nos 2197/90 and 2361/90 34

N o 2204/90 by Mrs Ursula Schleicher, Mrs Dorjs Pack, Mrs Ria Oomen-Ruijten,

M r Jose Valverde Lopez, M r Siegbert Alber, M r Bartho Pronk, M r Fernando Suarez

Gonzalez, Mrs Mary Banotti, M r Karl-Heinz Florenz, M r Winfried Menrad, M r

Arturo Escuder Croft and M r Raphael Chanterie to the Commission

Subject: Lengthy procedures for constructing waste disposal plants 35

N o 2205/90 by Mrs Christa Randzio-Plath, Mrs Braun-Moser, M r Manfred Vohrer

and M r Karl Partsch to the Commission

Subject: Value added tax on package tour operators 35

N o 2207/90 by Mrs Raymonde Dury to the Commission

Subject: Application of standards for aircraft noise emission levels 36

N o 2263/90 by M r H e m m o Muntingh to the Commission

Subject: Report by the Task Force on the Environment and the Internal Market 37

N o 2266/90 by Mrs Brigitte Ernst de la Graete to the Commission

Subject: ERDF aid for the financing of a golf course to be constructed in Malmedy (Belgium) . . 37

N o 2991/90 by M r Claude Desama to the Commission

Subject: ERDF subsidy to the town of Malmedy to build a golf course 38

Joint answer to Written Questions Nos 2266/90 and 2291/90 38

N o 2278/90 by Mrs Cristiana Muscardini to the Commission

Subject: Steak made of scraps 38

N o 2280/90 by M r Ernest Glinne to the Commission

Subject: Rationalization of Community aid and of the Community's attitude towards the islands
of Saint-Martin and Saint Barthelmy 39

N o 2296/90 by M r Jose Barros Moura to the Commission

Subject: Fires, forest protection and replanting 40

N o 2297/90 by M r Giinter Liittge to the Commission

Subject: Fishing practices in the plaice-fishing area known as the 'Schollenbox' 41

N o 2298/90 by M r Stephen Hughes to the Commission

Subject: Taxation of benefits in the Member States of the Community 41

N o 2306/90 by M r Ben Visser to the Commission

Subject: Satellite communications as a means of monitoring dangerous substances 42

N o 2314/90 by Mrs Jessica Larive to the Commission

Subject: Disbursal of EC grants overseas 42

N o 2316/90 by M r Pol Marck, M r Reimer Boge, M r H o n o r Funk, Mrs Hedwig
Keppelhoff-Wiechert, Mrs Astrid Lulling, M r James Nicholson, M r Leopoldo Ortiz

Climent and M r Jan Sonneveld to the Commission

Subject: Conclusions for veterinary policy to be drawn from the swine fever epidemic in
Belgium 43

(Continued overleaf)

Notice N o

91/C94/79

91/C94/80

91/C94/81

91/C94/82

91/C94/83

91/C94/84

91/C94/85

9 1 / C 9 4 / 8 6

9 1 / C 9 4 / 8 7

91/C94/88

91/C94/89

91/C94/90

91/C94/91

91/C94/92

91/C94/93

9 1 / C 9 4 / 9 4

91/C94/95

9 1 / C 9 4 / 9 6

91/C 94/97

Contents (continued) Page

N o 2327/90 by M r Yves Verwaerde to the Commission

Subject: Common agricultural policy 43

N o 2335/90 by M r Dieter Rogalla to the Commission

Subject: Checks on individuals at internal borders 44

N o 2348/90 by Mrs Winifred Ewing to the Commission

Subject: Structural policy in the fisheries sector 44

N o 2363/90 by M r Gerard Monnier-Besombes to the Commission

Subject: Threat to Vendres Lake from a project receiving IMP subsidies 45

N o 2380/90 by M r Paul Howell to the Commission

Subject: Implementation of Article 130r of the Treaty 45

N o 2397/90 by M r Reimer Boge to the Commission

Subject: Nitrate directive 46

N o 2414/90 by M r Peter Crampton to the Commission

Subject: Compensation for Italian fishermen during recurring algal blooms 46

N o 2428/90 by M r Ernest Glinne to the Commission

Subject: Delivery of drugs containing tryptophane 46

N o 2441/90 by Sir James Scott-Hopkins to the Commission

Subject: Action on surpluses 47

N o 2474/90 by Mrs Christine O d d y to the Commission

Subject: Cornish fishing industry 47

N o 2641/90 by M r David Martin to the Commission

Subject: Mobility of labour and access to housing 47

N o 2680/90 by M r Dieter Rogalla to the Commission

Subject: Frontier crossing points and European signs 48

N o 2701/90 by M r Edward Newman to the Commission

Subject: EEC aid to Kurdish refugees in Turkey 48

N o 2702/90 by M r Madron Seligman to the Commission

Subject: Industrial deafness 49

N o 2841 /90 by M r Madron Seligman to the Commission

Subject: Protection of calves and pigs kept in intensive farming systems 49

N o 2871/90 by M r Lyndon Harrison to the Commission

Subject: Interlingua 50

N o 2891/90 by M r Kenneth Stewart to the Commission

Subject: Natural justice for the rights of the individual 50

N o 2927/90 by M r Henry Chabert to the Commission

Subject: Community measures to promote employment in the Rhone-Alpes region 50

N o 3010/90 by M r Christopher Jackson to the Commission

Subject: Use of set-aside in the former German Democratic Republic 50

11. 4. 91 Official Journal of the European Communities No C 94/1

_(Information)_

##### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 567/89

byMrPaulStaes(V)

to the Commission of the European Communities

_(24 October 1989)_

(91/C 94/01)

_Subject:_ The kangaroo industry in Australia

1. Is the Commission aware that the Australian

Government has authorized what is a record level of

commercial kangaroo-culling, involving a total of
3 589 900 animals?

2. Have private individuals written to the Commission
about the kangaroo industry?

3. If so, what form has this correspondence taken ?

Answer given by Mr Andriessen
on behalf of the Commission

_(25 April 1990)_

1. Yes. The Australian National Parks and Wildlife

Service, the Federal Government body responsible for
coordinating policy and management across Australia's
states and territories, set the 1989 commercial quota at
3 589 900 kangaroos. Within this maximum ceiling,
further quotas were set by state and for each individual
species on the basis, notably, of:

— estimates of population size and trends,

— seasonal conditions and damage mitigation needs,

— conservation of the species consideration.

The high 1989 quota reflected a greater abundance of Red
Kangaroos due to favourable climatic conditions. In
contrast, the quotas for Wiptail Wallaby, Euro and, in the
case of South Australia, that for Western Grey
Kangaroos, remained unchanged; in New South Wales

the Eastern Grey Kangaroo and the Western Grey
Kangaroo quotas, compared with 1988, were reduced
respectively by 18 % and 10 %.

2 and 3. Yes, the Commission received several
thousand postcards, mainly from United States' citizens
but as well from Italians, asking it to support the
Parliament resolution aiming at a total ban on imports of
kangaroo products. These requests appear to be based on
a misunderstanding as the resolution concerned does not
call for such a ban.

WRITTEN QUESTION No 807/89

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(28 November 1989)_

(91/C 94/02)

_Subject:_ Road transport problems

As of 1 December 1989 the Austrian Government will

prohibit nightwork for lorry drivers.

This measure will cause great inconvenience to those
employed in this sector (causing hours of delay, traffic
jams, etc.).

Can the Commission provide further details on its
proposals concerning the problems of combined transport
and 'clean' lorries?

Answer given by Mr Van Miert
on behalf of the Commission

_(2 March 1990)_

The Commission has just adopted a communication (')
containing a package of proposals including a proposal

No C 94/2 Official Journal of the European Communities 11.4.91

for a Directive amending Directive 75/130/EEC ( [2] )
concerning combined transport, which deals with the
following points:

— combined transport by inland waterway (same
liberalization criteria as for combined road/rail

transport),

— market access (total liberalization),

— tax (harmonization of the different taxation systems
for international combined transport),

— tariffs (the need to have an unrestricted tariff system
for international combined transport),

— own account: the possibility for own-account
operators to take advantage of combined transport.

As regards 'clean lorries', the Community adopted
Directive 70/ 157/EEC ( [J] ), last amended by
Directive 89/491/EEC ( [4] ), relating to the approval of new
vehicles, which lays down standards for sound levels and
exhaust systems.

These Directives are now being adjusted to take account
of technical progress. In the case of exhaust fumes,
therefore, new standards are being drawn up which will
be very similar to those which are going to be applied in
Austria in the future.

As regards setting permissible sound levels for lorries, at
the Commission's request, a group of national experts is
to draw up a report which should be available in its final
form during the first half of 1990. New proposals for
reducing the noise nuisance due to lorries will be
presented after examination of this report.

The Commission — as indicated in its programme for
1990 — will soon be presenting a proposal for a Directive
on the control of gaseous and particulate emissions from
heavy vehicles equipped with diesel engines (amendment
of Directive 88/77/EEC).

(') COM(89)564.
O OJ No L 48,22. 2.1975, p. 31.
O OJNoL42,23.2.1970, p. 16.
( [4] ) OJ No L 238, 15.8.1989, p. 43.

WRITTEN QUESTION No 925/89

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(1 December 1989)_

(91/C 94/03)

_Subject:_ Liineburg Heath nature reserve

The Liineburg Heath nature reserve is situated in the
Pispingen disctrict (Lower Saxony, Federal Republic of
Germany). A large leisure centre, including 400

bungalows, is projected for construction in this district, in
the immediate vicinity of the nature reserve. In
preparation for this, 64 hectares of land adjoining the
Liineburg Heath have been deforested and the first
foundations are being laid.

Both the nature reserve itself and the area in which the

construction has now commenced have, until now, been
characterized by a markedly agrarian landscape, and
many tourists have been attracted to this area because of
its rural nature. No cars are allowed into the nature

reserve and it is a sanctuary for rare summer birds such as
the black stork (Ciconia nigra) and the crane (Grus grus).

The planned activities connected with the leisure centre
would lead to major infrastructural changes connected
with the large expected influx of visitors and cars, which
would fundamentally change the character of this area.

1. Is the Commission aware of these activities ?

2. Has an environmental impact survey concerning the
projected leisure centre been drawn up?

3. What is the present status of the Liineburg Heath
nature reserve under the Bird Directive?

4. Has the Commission received a request for subsidies
for the construction of the planned leisure centre?

5. Does the Commission consider these activities to be in

conflict with Community policy for the protection of
nature as laid down for example in the Directive on
the protection of habitats?

6. What instruments does the Commission intend to use

to limit the adverse effects of such projects on
important nature reserves?

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

_(16 March 1990)_

Further to its answer of 31 January 1990 ('), the
Commission has obtained the required information on
the situation referred to by the Honourable Member.

Work had in fact commenced on laying the foundations
for the leisure centre in the Bispingen district, but the
project has now been halted following a ruling by the
Oberverwaltungsgericht Liineburg.

New plans, on a smaller scale, are to be submitted to the
office responsible for public policy (Trager dffentlicher
Belange), which will pay particular attention to the nature
conservation aspects.

(') OJ No C 125, 21.5.1990, p. 23.

11. 4. 91 Official Journal of the European Communities No C 94/3

WRITTEN QUESTION No 1013/89

by Mr Jose Vahrerde Lopez (PPE)

to the Commission of the European Communities

_(18 December 1989)_

(91/C94/04)

_Subject:_ The situation with regard to the Integrated
Development Programmes submitted by Spain

The Integrated Development Programmes involve, as
well as specifically agricultural measures, coordinated
measures involving the other two "funds (the ERDF and
ESF). In its 1988 report on the agricultural situation in the
Community, the Commission reported on the
programmes adopted in the various countries and the
stage reached in their implementation. It makes no
mention of the position with regard to Spain. Would the
Commission state what projects have been submitted by
Spain under such programmes and what stage has been
reached in their preparation, approval or implementation?

WRITTEN QUESTION No 1014/89

by Mr Jose Valverde L6pez (PPE)

to the Commission of the European Communities

_(18 December 1989)_

(91/C 94/05)

_Subject:_ The position with regard to Integrated
Development Operations (IDOs) in Spain

At the end of January 1988 the Commission adopted a
series of decisions aimed at establishing an integrated
approach to development via the EAGGF, ERDF and
ESF. Integrated development operations in a number of
countries have already been announced. Would the
Commission state what projects have been submitted by
Spain and what stage has been reached in their approval
or implementation?

Joint answer to Written Questions Nos 1013/89 and

1014/89

given by Mr Millan
on behalf of the Commission

_(11 May 1990)_

Following preliminary studies, in November 1988 the
Spanish Government submitted to the Commission three
draft integrated development operations for the area of
La Mancha in the Autonomous Community of Castile-La
Mancha, the provinces of Zamora and Salamanca in the
Autonomous Community of Castile-Leon and the island
of La Gomera in the Canary Islands. The Spanish
Government subsequently redrafted these operations and
resubmitted them as integrated operational programmes,
in closer conformity with the new legislative provisions
following the reform of the structural Funds.

Since the integrated operational programmes for
Castile-La Mancha and Castile-Leon had already
received priority assistance from the European Social
Fund and the EAGGF Guidance Section and it was

important not to delay the decision on assistance from the
European Regional Development Fund (ERDF) so that
the programme could be implemented rapidly, the Fund
completed consideration of the ERDF programmes
included in the integrated operational programmes for
the La Mancha area and for the provinces of Zamora and
Salamanca. Those ERDF programmes were approved on
31 January 1990 and during the course of this year will be
included in the corresponding integrated operational
programmes together with measures adopted by the other
structural Funds (the Social Fund and the EAGGF
Guidance Section).

The ERDF programmes which have been approved,
whose implementation will contribute to the achievement
of the development priorities in the Community support
frameworks, are designed to encourage local
development, tourism and private initiative in the
industry, services and craft sectors, to protect the
environment and to improve and extend road, water,
urban and rural infrastructures. Total ERDF assistance

for the Zamora-Salamanca operational programme
amounts to ECU 276 921 000 (PTA 36 107 million). The
programme for La Mancha, which partially covers four of
the five provinces making up the region, will receive
ERDF assistance totalling ECU 181292 000 (PTA
23 638,15 million).

The Commission is still considering the integrated
development operation for La Gomera with a view to
approving it as an integrated operational programme.

WRITTEN QUESTION No 1160/89

by Mr David Martin (S)

to the Commission of the European Communities

_(10 January 1990)_

(91/C94/06)

_Subject:_ Association agreements

What criteria does the Commission use in proposing the
legal base for agreements with third countries? Is it not
the case that some commercial agreements, such as those
with Poland and certain EFTA countries, are in fact more
far-reaching than certain association agreements
(Article 238), such as those with the Magreb countries?

If the difference between the two is largely symbolic,
would it not be possible to use Article 238 to associate,
where appropriate, eastern European countries and EFTA
countries with the Community? Is Article 238 not in fact
quite flexible and capable of being used both for relatively

No C 94/4 Official Journal of the European Communities 11. 4. 91

loose forms of association, as is the case for some current
agreements, and, potentially, for new forms of very close
association which the Community may wish to establish
in the coming years with certain European countries?

Answer given by Mr Andriessen
on behalf of the Commission

_(9 October 1990)_

The Court of Justice has stated on a number of occasions

that in the context of the organization of the powers of
the Community, the choice of the legal basis for a
measure must be based on objective factors which are
amenable to judicial review ('). Full account is taken of
this by the Commission, notably when proposing to the
Council the conclusion of agreements negotiated with
third countries.

Article 238, the basis for the association agreements, must
thus be interpreted in the light of the rulings of the Court
of Justice, in particular of the judgment in the Demirel
case in which the court described an association

agreement as 'creating special, privileged links with a
non-member country which must, at least to a certain
extent, take part in the Community system' ( [2] ). The
Commission infers from this that in order that an

agreement may be regarded as an association agreement,
it is necessary that:

— special procedures be agreed which give tangible form
to the special links, possibly in the form of common
institutions,

— the scope of the substantive obligations should be
sufficiently broad in order that the other party may be
described as taking part in the Community system,
and

— the link created should be long-lasting.

Although the free trade agreements with the EFTA
countries are broad in the sense that they lay down sundry
very detailed obligations, they cover only one sector of
the Community system, namely trade, and for that reason
they are correctly based on Article 113 of the Treaty.
Likewise, although the trade and cooperation agreements
recently concluded with certain central and eastern
European countries cover an additional sector, namely
cooperation, they lack the features of permanence and
possible future development that must be found in an
association agreement. They are, accordingly, properly
based on Article 113 and 235 of the Treaty.

As far as the future is concerned, in its communication to
the Council and Parliament of 17 April 1990 concerning
the development of the Community's relations with the
countries of central and eastern Europe, the Commission
referred to bilateral association agreements based on
Article 238 of the Treaty, the objectives of which are free
trade and the intensification and diversification of

cooperation, and which also deal with the movement of
persons, services and capital ( [5] ). At the same time, an

appropriate institutional framework would be established.
Furthermore, the recent negotiating directives for the
conclusion of an agreement with the EFTA countries
envisage an association agreement designed _inter alia_ to
establish a common economic area based on the four

freedoms.

(') Case 45/86 Commission v. Council (1987) ECR 1943.
O Case 12/86 Demirel v. Stadt Schwabisch Gmlind (1987)

ECR 3719.

O SEC(90) 717 final.

WRITTEN QUESTION No 1252/89

by Mr Juan Bandres Molet (V)

to the Commission of the European Communities

_(12 January 1990)_

(91/C94/07)

_Subject:_ Setting up of a new factory by the Silenka
multinational corporation in La Vail d'Uixo in
the Plana Baixa district

The multinational fibre-glass corporation Silenka has
decided to set up a factory in the town of La Vail d'Uixo
(Valencian Autonomous Community), to the alarm of the
inhabitants, who are aware of the serious pollution caused
by this type of industry and of the large quantities of
water required in producing fibre-glass. What
information does the Commission have about the

environmental impact study submitted in connection with
setting up this factory?

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

_(21 February 1990)_

The Commission is not aware of the plans to manufacture
fibre glass in Vail d'Uixo (Valencia) to which the
Honourable Member refers. No request for Community
financial support has so far been made to the structural
Funds.

The Commission would point out that, in accordance
with Directive 87/337/EEC ('), the impact studies must
be submitted to the national authorities with

responsibility for the environment and the public
concerned for their opinion, which must be taken into
account in the development consent procedure.

However, the project in question belongs to a category of
projects in Annex II to the Directive, which means that it
is for the Member States to decide whether an impact
assessment should be carried out.

11. 4. 91 Official Journal of the European Communities No C 94/5

The Commission will ask the Spanish authorities for their
comments on the project.

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

WRITTEN QUESTION No 147/90

by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin
(LDR)

to the Commission of the European Communities

_(8 February 1990)_

(91/C 94/08)

_Subject:_ Airtransport

What measures does the Commission intend to take to

initiate the authorization procedure for the exercise of the
fifth freedom (the freedom to carry passengers from a
Member State other than that of registration to a third
Member State) ?

Answer given by Mr Van Miert
on behalf of the Commission

_(21 September 1990)_

Fifth freedom between all Community airports open for
international air transport is included in
Decision 87/602/EEC (') except between category 1
airports. Airlines are entitled to sell 30 % of the capacity
on these routes as fifth freedom.

In its proposals on market access of 8 September 1989 ( [2] )
the Commission proposed to increase this limit to 50%
and to make it valid between all airports open for travel
between Member States. The Council has in principle
accepted this proposal.

(') OJNoL374,31.12. 1987,p. 19.
O COM(89) 373 final.

WRITTEN QUESTION No 277/90

by Mr George Patterson (ED)

to the Commission of the European Communities

_(19 February 1990)_

(91/C 94/09)

_Subject:_ Restrictions on lorry movements at night or
weekends

In view of the current disparities between national
regulations concerning the restrictions on lorry
movements at night or weekends, does the Commission

not consider that this will be an obstacle to free movement

of goods after 1992? Is the Commission therefore
intending to propose legislation to harmonize restrictions
on heavy vehicle movements, both from the point of view
of protection of consumers and of the single market?

If not, why not?

Answer given by Mr Van Miert
on behalf of the Commission

_(11 September 1990)_

The Court.of Justice held, in the recent case of Torfaen
Borough Council V B & Q PLC (Case 145/88, Judgment
of 23 November 1989), that the prohibition on measures
having an effect equivalent to quantitative restrictions
contained in Article 30 of the EEC Treaty should be
interpreted as meaning that it does not apply to national
rules which apply to imported and domestic products
alike 'where the restrictive effects on Community trade
which may result therefrom do not exceed the effects
intrinsic to rules of that kind'. In other words, if the
measures restricting the movement of lorries apply to
domestic and imported goods transported, it is necessary
to consider first of all whether the measure pursues an aim
justified with regard to Community law. The Court held
in Case 155/80 (Oebel 1989 0 ) that national rules
governing hours of work, delivery and sale of goods
constitute a legitimate part of economic and social policy,
consistent with the objectives of public interest pursued by
the Treaty. Secondly, it is necessary to ascertain whether
the effects of such national rules exceed what is necessary
to achieve the aim in view. Therefore, without
undertaking a detailed analysis of each measure
restricting the movement of lorries, it is not possible to
state in principle that measures of this type infringe the
rules of the Treaty on the free movement of goods.

At present the Commission does not intend to attempt to
harmonize these restrictions for the following reasons:

— Many of these restrictions are the responsibility of
local authorities and are intended to protect the local
environment or road safety.

— Harmonization would lead to the situation that either

some areas would be forced to abolish bans that they
have now, or that other areas that have no restrictions
would be forced to introduce them. Moreover, these
restrictions apply also to public holidays and as these
holidays in the Member States are not harmonized it
would be impossible to bring these restrictions into
line.

— It is not certain that harmonized restrictions would be

more advantageous for hauliers than local differences
which they can incorporate in their driving schemes;

No C 94/6 Official Journal of the European Communities 11. 4. 91

the necessary information concerning these
restrictions as provided by professional organizations
to the hauliers can be considered as very good.

In any case, from the point of view of consumer safety,
appropriate user information should be provided in this
field, particularly as regards cross-border traffic.

In the main this information could probably be most
efficiently provided in the short term by the Member
States, although this need not exclude the possibility of
overall consideration at Community level of the European
implications of this problem.

(') Report of Cases 1981, p. 1993.

WRITTEN QUESTION No 343/90

by Mrs Hiltrud Breyer (V)

to the Commission of the European Communities

_(26 February 1990)_

(91/C 94/10)

_Subject:_ EC Directive on environmental impact

assessment

To what extent has the EC Directive on environmental

impact assessment been translated into national law in the
Member States of the EC?

Does this directive apply to genetic engineering projects?

What implementing regulations exist in connection with
this Directive?

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

_(22 June 1990)_

1. By 15 June 1990, two Member States, Greece and
Luxembourg, had not yet notified the Commission of the
measures taken to incorporate this Directive into national
law. Infringement proceedings have been initiated against
the countries in question for failure to notify the
Commission of the measures adopted.

The other Member States have adopted provisions to
transpose the Directive.

Of these:

(a) infringement proceedings have been initiated against
Belgium, France, Ireland, the Netherlands and Spain
for partial or complete incompatibility of the
provisions adopted with Community law;

(b) after an initial examination of the legislation in
Denmark and the United Kingdom, the Commission
sees no grounds so far for initiating the infringement
procedure for incompatibility with Community law;

(c) the Commission has not yet examined the provisions
adopted in Germany, Italy and Portugal.

2. No.

3. The Honourable Member may obtain the references
of all the regulations in question through the Celex data
base, which can be accessed by all the Community
institutions.

WRITTEN QUESTION No 405/90

by Mrs Beate Weber (S)

to the Commission of the European Communities

_(5 March 1990)_

(91/C94/11)

_Subject:_ Amendment of Directive 79/409/EEC on the
conservation of wild birds

1. Does the Commission intend, in the near future, to
submit to the Council a proposal to amend the Annexes to
Directive 79/409/EEC (') on the conservation of wild
birds?

2. If so, has it taken account of demand No 18 set out
in Parliament's resolution of 26 September 1988 (Doc.
A2-181/88)?

3. If the Commission does plan to submit a proposal,
which species of bird are to be

(a) added to Annex I,

(b) removed from Annex II, Parts 1 and 2,

(c) added to Annex II, Parts 1 and 2?

(') OJ No L 103, 25.4.1979, p. 1.

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

_(19 February 1991)_

The Commission would refer the Honourable Member to

the reply to the oral question H-129 8/90 by Mr Cassidy,
which it gave during question time at Parliament's
January 1991 part-session ( [1] ).

O Debates of the European Parliament No 398 (January 1991).

11. 4. 91 Official Journal of the European Communities No C 94/7

WRITTEN QUESTION No 422/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(5 March 1990)_

(91/C94/12)

_Subject:_ Local economic factors in relation to EDF aid

According to the latest Court of Auditors report (II, 69),
it would appear that making use of the economic factors
available locally is not taken as the starting point in
planning European Development Fund operations. The
Commission's reply seems somewhat enigmatic. Would
the Commission care to clarify it?

Answer given by Mr Marin
on behalf of the Commission

_(6 September 1990)_

The Commission shares the court of Auditors' view that,
wherever technically feasible and economically viable, the
design of projects and programmes should be based on
the use of inputs with a high local value added, in order to
limit dependence on inputs payable in foreign currency. In
its reply, the Commission's intention was to point out that
this problem, which it takes into account when appraising
projects, pertains to the implementation of operations
rather than to programming.

WRITTEN QUESTION No 432/90

by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin
(LDR)

to the Commission of the European Communities

_(5 March 1990)_

(91/C 94/13)

_Subject:_ Boat people

What practical measures does the Commission intend to
undertake to stop the enforcement of the recent decision
taken by the High Commissioner for Refugees?

The decision to send back the boat people who fled the
bloodthirsty Vietnamese regime in peril of their lives,
does no credit to our democracies.

Answer given by Mr Matutes
on behalf of the Commission

_(3 May 1990)_

The United Nations High Commission for Refugees
(UNHCR) has at no time taken any decision to return the

boat people. All decisions in the recent past on the
approach to be taken for the easing of this major
humanitarian issue have been at the initiative of the

international Conference on Indo-Chinese Refugees,
which produced a comprehensive action plan, and the
Steering Committee set up to examine further measures
which might be necessary under that plan.

One of the main elements of the action plan was the
introduction at regional level of a screening process
already initiated by the Hong Kong authorities to
determine whether asylum-seekers were indeed refugees
fleeing from a real fear of persecution for their political
and religious beliefs, or because of their race, or were
leaving the country to secure a better future for
themselves and their families.

Those who fled from persecution have been, and will
continue to be, treated as refugees with all the protection
and support that the international community is able to
provide, under the auspices of the UNHCR.

Those whose basis for departure from Vietnam is to seek
an improvement in their economic situation have been
determined by the international community as being
economic migrants. They are therefore required to fulfil
the same conditions imposed on that category the world
over, with obligations to obtain work permits and
appropriate visas before departure from their country of
origin. While international convention on migration
forsees an immediate return to the country of departure
for those not fulfilling these conditions, the Vietnamese
asylum-seeker has been granted additional opportunities,
with international assistance, to make his return to his
country of origin in dignity and without fear of
repercussions following his flight.

The Commission has attended the Conference and all of

the Steering Committee meetings. In common with the
Member States present it has consistently supported the
fundamental need to treat the issue of Vietnamese boat

people as a major humanitarian question, requiring a
treatment of individuals in dignity and security. It has
provided support to the UNHCR in the camps and is
currently studying new proposals for additional financing
from the Community budget.

WRITTEN QUESTION No 627/90

by Mr Juan Bandres Molet (V)

to the Commission of the European Communities

_(20March 1990)_

(91/C 94/14)

_Subject:_ Sand dredging off Mallorca

During the winter of 1988—1989, the Spanish Ministry of
Public Works and Town Planning (MOPU) spread a total
of 460 000 cubic meters of sand of the S'Arenal beach

(Mallorca) which had been extracted from the Cala Blava
protected marine area.

No C 94/8 Official Journal of the European Communities 11. 4. 91

The MOPU vessels which are dredging sand from the
sea-bed off the Balearic Islands are systematically
destroying large areas of Tosidonia oceanica', a type of

sea grass.

What information does the Commission have on sand

dredging off the islands of Mallorca, Menorca and Ibiza?

Is the Commission aware that no environmental impact
studies were carried out prior to these dredging activities?

Does the Commission know whether a report has been
drawn up for each operation involving the dredging of
sand from the sea-bed?

Does the Commission intend to take any decision to
preserve the Mediterranean sea-bed off the Balearic
Islands?

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

_(12 July 1990)_

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

The Commission would point out that under
Directive 85/337/EEC (') Member States are not obliged
to forward to the Commission impact studies carried out
on their national territory.

Moreover, since the project in question comes under
Annex II to the Directive, it is unlikely to be subject to an
impact study under current Spanish law.

The Commission therefore intends to seek information

from the competent authorities through a procedure
initiated for that purpose.

The Commission has no information concerning reports
on the dredging of sand from the se-abed. As for a
decision to protect the Mediterranean se-abed off the
Balearic Islands, the Commission is not considering such
action among its medium-term priorities.

(') OJNoLl75,5.7. 1985. p. 40.

WRITTEN QUESTION No 667/90

by Mrs Hiltrud Breyer (V)

to the Commission of the European Communities

_(23 March 1990)_

(91/C 94/15)

_Subject:_ Effects of plasticizers

Plasticizers are used in the manufacture of plastics to
achieve varying degrees of plasticity. The plasticizer

diethylhexylphthalate is very widely used and particularly
frequently in the production of PVC plastics. It is
suspected that plasticizers can cause considerable health
problems.

1. Which plasticizers or their degradation products are
known to the Commission to be persistent or
cumulative in the environment?

2. What is known about the effects of plasticizers on
fertility in animals and humans?

3. How carcinogenic are plasticizers ?

4. To date what concentration of plasticizers have been
found in marine systems?

5. What are the effects of plasticizers which enter the
body via food or medical treatment (for example,
infusion packs) ?

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

_(1_ _August 1990)_

In the framework of Directive 67/548/EEC (*)
concerning the classification and labelling of dangerous
substances, the Commission has not yet studied the group
of substances used as plasticizer as a whole. However, the
most widely used plasticizer, bis (2-ethylhexyl) phthalate
(DEHP), has been evaluated.

The experts, after detailed examination of the available
data, came to the conclusion that DEHP could not be
classified as a carcinogen or as a teratogenic substance.

They emphasized in particular that no excess of tumours
has been formed in renal dialysis patients who are
exposed to DEHP by leakage from the tubes of the
heamodialysis equipment. No causal relationship has yet
been shown between peroxisome proliferation induced by
chemicals and carcinoma in rats and mice. The

significance to humans has not been established.

As regards the framework of Directive 89/109/EEC _Q)_
concerning materials and articles intended to come into
contact with foodstuffs and particularly the specific
Directives on plastics, the Commission has already
examined all the plasticizers used. For certain of these
plasticizers the Scientific Committee for Food (SCF) has
established a TDI (tolerable daily intake), for others it
was unable to express an opinion due to the insufficiency
of the toxicological data available. The Commission will
take account of the opinion expressed ky the SCF in the

11. 4. 91 Official Journal of the European Communities No C 94/9

future Directive on the positive list of additivies, actually
in preparation. As regards the specific substance
mentioned (DEHP), the SCF has recently reevaluated this
substance and arrives at the conclusion that there is no

real risk of cancer to man linked to the migration of
DEHP from the packaging of foodstuffs. Therefore the
SCF has reinstated a TDI (tolerable daily intake) of
0—0250 mg/kg bw to the compounds, previously
withdrawn because of the suspicion of carcinogenic
effects. As the use of DEHP as plasticizers for PVC is
now very limited in Europe, the estimated exposure to
man of DEHP migrating from packages is negligible and
certainly lower than the TDI. Therefore, there is no risk
to man due to the contamination of food.

Furthermore, to the Commission's knowledge, the
concentration of plasticizers in marine systems has never
been studied, in any case not within the context of the
international Conventions wherein the Commission

represents the Community.

_C)_ OJNol96,16. 8. 1967.
O OJNoL40, 11.2. 1989.

WRITTEN QUESTION No 867/90

by Mr Floms Wijsenbeek (LDR)

to the Commission of the European Communities

_(9 April 1990)_

(91/C 94/16)

_Subject:_ Costs andbenefits of the internal market

Is the Commission aware of the black paper which has
been drawn up by Harry Vos Int. Transport BV on the
costs of border obstacles?

Can the Commission confirm the accuracy of this
information?

On the basis of this information can the Commission

indicate the extra costs that are incurred by individual
transport companies as a result of incidental and
structural border obstacles?

Can the Commission give information concerning the
safety of roll-on roll-off ferries?

Does the Commission not consider that new legislative
proposals should be made in order to improve the stability
and buoyancy of roll-on roll-off ferries?

If so, does it intend to make proposals along these lines?

Answer given by Mr Van Miert
on behalf of the Commission

_(21 September 1990)_

The Commission is aware of the black paper drawn up by
Harry Vos International Transport.

The black paper refers to a wide range of difficulties,
including strikes by customs officials, strikes in the sector
concerned (transport operators, etc.), rules concerning
the import of fuel and rules resulting from climatological
conditions, etc.

The Commission is not in a position to calculate the costs
which may arise from such a wide range of problems with
such a wide range of causes.

The Commission is, however, doing its utmost to ensure
that goods can move freely within the EEC; during the
strikes by customs officials referred to in the black paper
the Commission reminded the authorities of the Member

State concerned of their responsibilities under
Community law.

Completion of the internal market in 1993 will result in
the elimination of all controls on goods at Community
internal borders.

With this in mind a start was made in 1985 on the phasing
out of controls.

Various measures have recently been adopted on the
initiative of the Commission: these include the provisions
abolishing lodgement of the transit advice note on
crossing an internal frontier of the Community ('), an
amendment to the relevant Regulation designed to permit
wider use of the arrangements for movement within the
Community of goods for temporary use ( [2] ), and Council
Regulation (EEC) No 4060/89 on the elimination of
controls performed at the frontiers of Member States in
the field of road and inland waterway transport ( [J] ).

Council Directive 68/297/EEC of 19 July 1968 on the
standardization of provisions regarding the duty-free
admission of fuel contained in the fuel tanks of
commercial motor vehicles ( [4] ), as last amended by
Council Directive 85/347/EEC of 8 July 1985 ( [5] ), lays
down that:

'Member States shall admit duty-free the following
quantities of fuel contained in standard fuel tanks of
commercial motor vehicles

(a) 200 litres per vehicle and per journey in the case of
vehicles designed for, and capable of, transporting
goods, with or without payment;

(b) 600 litres per vehicle and per journey in the case of
vehicles designed for, and capable of, transporting
more than nine persons including the driver.'

On 10 July 1986 the Commission sent the Council a
proposal for a Directive extending the 600 litre tax
exemption to goods vehicles (*).

No C 94/10 Official Journal of the European Communities 11. 4. 91

With regard to the prohibition on night driving in Austria,
the Commission has participated in negotiations between
the Transport Ministers of Italy, Germany and Austria.
Agreement was reached in Rome on 9 May on a
compromise, whereby exemptions to this prohibition
were extended to the end of 1990.

As regards the safety of roll-on roll-off ferries, the
Commission supports every initiative to improve the
stability of ferries.

The Commission would draw the Honourable Member's

attention to the major studies commissioned by the
United Kingdom Department of Transport following the
accident involving the Herald of Free Enterprise. In the
light of the results of these studies, which the United
Kingdom authorities expect to lead to initiatives at world
level (International Maritime Organization), the
Commission will consider whether it should itself take

any initiative in this field.

O OJNoL51,27.2.1990,p. 1.
( [2] ) OJNoLDO, 12.5. 1989, p. 1.
(') OJNoL390,30. 12. 1989, p. 18.
O OJNoL175,23.7. 1968, p. 15.
O OJNoL183, 16.7.1985, p. 22.
(*) OJ No C 183, 22. 7.1986, p. 8.

WRITTEN QUESTION No 927/90

by Mr Carlos Pimenta (LOR)

to the Commission of the European Communities

_(17 April 1990)_

(91/C 94/17)

_Subject:_ EC implementation of the Berne Convention

Under the Berne Convention, who is responsible, the
Community or the Member State concerned, or both, for
ensuring the protection of the following species in the
European Community

1. Spanish Lynx,

2. Corsican Nuthatch,

3. Linaria algarviana,

and on what legal basis?

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

_(5 December 1990)_

The protection of the Spanish Lynx and the Linaria
Algarviana is the responsibility of the Member States
concerned.

The protection of the Corsican Nuthatch is covered by
Council Directive 79/409/EEC (') of 2 April 1979
concerning the conservation of wild birds and is therefore
the responsibility of both the Community and the
Member States.

O OJ No L 103, 25. 4.1979.

WRITTEN QUESTION No 947/90

by Mr Enerique Sapena Granell (S)

to the Commission of the European Communities

_(17 April 1990)_

(91/C 94/18)

_Subject:_ Shortcomings in the regulations governing
access to the profession of haulier

1. The present proposal for a directive on obtaining a
driving licence sets out more stringent requirements than
those contained in the Directive of 16 December 1966 on

professional qualifications. Does the Commission intend
to maintain both sets of rules when in fact the 'Lex

generalis' is stricter than the 'Lex specialis'?

2. Does the Commission not consider that it would be

simpler to incorporate the haulier's permit into the
relevant driving licence, thereby creating a single uniform
document and avoiding duplication of paperwork and
monitoring difficulties for the Member State authorities?

Answer given by Mr Van Miert
on behalf of the Commission

_(21 September 1990)_

The proposal for a new directive on the driving licence
(COM(88) 705 final of 2 December 1988), like the current
Directive (80/1263/EEC of 4 December 1980 (')), lays
down a number of conditions concerning training and
medical requirements which have to be met before a
driving licence can be obtained.

On the question of training, Annex II of the proposal lists
the knowledge, skills and behaviour required for driving a
motor vehicle, the main aim being to ensure that drivers
are trained in those matters which will guarantee safe
driving. These are mostly of a general nature and apply to
all categories of licence but there are some specific points
which relate to particular types of vehicle.

The above proposal confirms a system of dividing driving
licences into categories based on vehicle type (and
reflecting the system established by the Vienna
Convention and Directive 80/1263/EEC). Such division
is based on vehicle weight and the number of passengers
carried, regardless of whether the vehicle is used for
commercial or private purposes.

11. 4. 91 Official Journal of the European Communities No C 94/11

On the other hand, Council Directive 76/914/EEC of 16
December 1976 ( [2] ), to which the Honourable Member
refers, has a different purpose as it is concerned with the
minimum amount of training required for obtaining a
certificate of professional competence (as provided for in
social legislation, for example Council Regulation (EEC)
No 543/69 of 25 March 1969 ( [3] )).

Anyone obtaining a certificate of professional
competence is assumed to be the holder of a category C or
D driving licence (authorizing, respectively, the carriage
of goods and persons).

The Annex to Directive 76/914/EEC requires certain
minimum knowledge (but the Member States may require
more extensive training) 'to the extent that this is not
already covered by training for a driving licence'.

Some of the knowledge listed in this Annex relates to
administrative or regulatory aspects of transport and goes
beyond the driving and safety training which are the
concern of Directive 80/1263/EEC and proposal
COM(88) 705 on the driving licence, to which the
Honourable Member refers.

The Commission therefore considers that the legislation
on the driver's certificate of professional competence and
Directive 74/562/EEC on admission to the occupation of
road haulage operator ( [4] ), which does not necessarily
relate to the driver but, rather, to the operator, should be
kept separate from the legislation on the driving licence.

(') OJ No L 375, 31.12. 1980.
( [2] ) Council Directive of 16 December 1976 on the minimum level

of training for some road transport drivers, OJ No L 357 of
29 December 1976, p. 36.
O OJ No L _77,_ 29. 3. 1969.
( [4] ) Council Directive on admission to the occupation of road

haulage operator in national and international transport
operations (OJ No L 308, 19. 11.1974).

WRITTEN QUESTION No 963/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(2_ _5_ _April 1990)_

(91/C 94/19)

_Subject:_ German-Greek youth projects for protection of
the landscape

1. Is it true that plans for the employment of young
people in a landscape and nurseries project drawn up by
Wickenbrock Bros Nurseries in Altenberge in the District
of Steinfurt could not be put into practice because of lack
of funds?

2. Is the Commission prepared to review this project,
which received authorization, with a view to
implementing it in one of the next few financial years?

3. What experience does the Commission have in each
of the Member States with projects designed to provide
jobs for young people who would otherwise be
unemployed, and why is it not possible to increase
considerably funding for such projects?

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

_(29 June 1990)_

Since the Commission does not have the information it

would need to investigate the problem referred to by the
Honourable Member, it is not at the moment in a position
to answer his question.

WRITTEN QUESTION No 973/90

by Mr Christopher Jackson (ED)

to the Commission of the European Communities

_(2_ _5_ _April 1990)_

(91/C 94/20)

_Subject:_ Beazley fire isolating valves

In its answer to my Written Question No 2260/88 (*)
concerning German requirements for additional
approvals of fire isolating valves, the Commission stated
that it was studying the additional information which I
had provided concerning Beazley fire isolating valves. Mr
Beazley wrote to the relevant Director-General of the
Commission on 25 May 1989 giving relevant information
but heard nothing more.

1. Does the Commission appreciate that a requirement
for double approval which appears to necessitate
duplication of testing is unacceptable?

2. Why has there been such a delay in dealing with the
case referred to above?

(') OJ No C 202, 7. 8. 1989, p. 24.

Answer given by Mr Bangemann
on behalf of the Commission

_(20 July 1990)_

The Commission would refer the Honourable Member to

its answer to his Written Question No 2260/88 where the
Commission has opened a pre-infringement procedure, in
order to investigate whether the measures referred to
constituted an infringement of the provisions of the
Treaty.

No C 94/12 Official Journal of the European Communities 11. 4. 91

The Honourable Member was informed by letter of this
fact by the Commission on 8 May 1989. In this letter he
was also informed that the information available to the

Commission was not sufficient for such an examination.

For that purpose, the Commission asked the Honourable
Member to supply supplementary information concerning
a number of specific questions.

Supplementary information was supplied by the
constituent concerned to the Commission in a letter dated

25 May 1989. This information was then examined by the
Commission and proved to be inconclusive. In order to
avoid further delay in the case, the constituent concerned
was subsequently contacted by the Commission directly
and requested to furnish more specific information and
documentation on his product, the kind of type-approval
procedures he is subjected to, and the kind of testing that
has to be carried out in this context, in order to enable the

Commission to contact the German authorities.

The constituent confirmed to the Commission with a

letter of 10 July 1989 that he had furnished all the
information available to him to the Commission.

On 22 September 1989 the Commission wrote to the
German authorities informing them about the complaint
made by the Honourable Member and asking them for
comments. No answer has been received from the

German authorities.

The Commission will shortly be in further contact with
the German authorities in respect of this matter.

WRITTEN QUESTION No 987/90

by Mrs Anna Hermans (PPE)

to the Commission of the European Communities

_(25 April 1990)_

(91/C 94/21)

_Subject:_ Biodegradable packaging material

Biodegradable packaging material can make an import
contribution to solving the increasingly serious problem
of waste in the European Community.

Can the Commission say:

1. whether ij finances any research projects designed to
develop such materials and, if so, what these projects
are?

2. in which countries these projects are being carried out
and what institutions or companies receive European
support?

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

_(6 September 1990)_

The Commission has as yet no policy on biodegradable
packaging materials, nor is it financing any research on
their development.

It will consider such materials when drawing up plans for
Community action in the field of plastic waste and waste
packaging.

WRITTEN QUESTION No 1017/90

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(11_ _May 1990)_

(91/C 94/22)

_Subject:_ Implementation of Directive 79/409/EEC:
special protection areas for the Bearded vulture
(Gypaetus barbatus) in France

Can the Commission name the special protection areas
established by France pursuant to Directive
79/409/EEC (') for the purpose of preserving the
Bearded vulture (Gypaetus barbatus) in mountainous
terrain, where it still exists?

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

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

_(28 June 1990)_

No territories in France have been classified, in pursuance
of Directive 79/409/EEC, as special protection areas for
the conservation of the bearded vulture (Gypaetus
barbatus) — neither in the Pyrenees (where the species
still exists and reproduces) nor in the Alps (where it has
recently been reintroduced).

The Commission is in contact with the French authorities

with a view to ensuring that areas for the conservation of
Gypaetus barbatus are included within special protection

areas.

WRITTEN QUESTION No 1092/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(10 May 1990)_

(91/C 94/23)

_Subject:_ The 'Solunor' factory

The 'Solunor' factory, which stands on French territory a
few hundred yards from the Belgian border, refines used
motor oil in order to extract the basic ingredients. The
reclaimed products are sold back to the lubricants
industry.

11. 4. 91 Official Journal of the European Communities No C 94/13

The inhabitants of the charming border town of
Templeuve have complained about the environmental
problems (nauseating smells, unbreatheable atmosphere)
to which they are subjected, and whose cause appears to
be the incinerator which burns black oil residues at a

temperature of several thousand degrees.

In order to reassure the inhabitants of Templeuve, can the
Commission state whether the smoke in question has been
subjected to toxicity tests? If so, what were the results,
and if not, are there plans to do so?

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

_(21 June 1990)_

The Commission has recently been informed of the
problems raised by the Honourable Member regarding
the Solunor factory and is currently looking into them.
The factory's activities are covered by Directive
75/439/EEC on the disposal of waste oils (*) and
Directive 78/319/EEC on toxic and dangerous waste ( [2] ).
Under Article 2 of Directive 75/439/EEC and Article 5 of

Directive 78/319/EEC Member States must take the

necessary measures to ensure that used oils and the toxic
and dangerous waste which can be produced in the
regeneration of used oils are disposed of without
endangering human health and without harming the
environment.

(') OJ No L 194,25.7.1975, p. 23.
O OJNoL84,31.3. 1978, p. 43.

WRITTEN QUESTION No 1113/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 94/24)

_Subject:_ Relations between the European Communities
and the United States

On 12 December 1989 during a visit to Berlin the US
Secretary of State, James Baker, called for a strengthening
of relations between the United States and the European
Communities, possibly by means of a treaty.

His actual words were: ' . . . We propose that the US and
the EC work together to achieve, whether it's a treaty or

some other form, a significantly strengthened set of
institutional and consultative links . . . We suggest that
our discussions about this idea proceed in parallel with
Europe's efforts to achieve by 1992 a common internal
market so that plans for US-EC interaction would evolve
along with changes in the Community...' In the
conclusion to his speech Baker also mentioned relations
between NATO and the European institutions: 'At the
same time, the substantive overlap between NATO and
European institutions will grow. This overlap must lead to
synergy, not do friction. Better communication among
European and transatlantic institutions will thus become
more urgent'.

1. Has the US Administration already submitted detailed
proposals for closer institutional links and
consultation procedures between the US and the EC
and/or in respect of relations between NATO and the
EC?

2. What is the Commission's response to the proposal to
create closer institutional links between the EC and

the US and to improve communications between the
EC and NATO?

Answer given by Mr Andriessen
on behalf of the Commission

_(24 September 1990)_

The Commission and the United States administration

share the view that EC-US relations should be reinforced

and bilateral cooperation in areas of common interest
extended. This should be done both for geopolitical
reasons and for the sake of improving the bilateral
relationship itself by shifting the emphasis from trade
disputes to positive, constructive collaboration.
Community competence and the neutral status of one
Member State makes it difficult to institute any formal
link between the EC and NATO. The question of closer
links between the EC and NATO has never been formally
discussed by the US, although questions related to
security in the wider sense have been examined,
particularly in relation to developments in Eastern
Europe.

Meanwhile, certain steps have been taken to reinforce and
enrich the EC-US dialogue. It has already been agreed
that there will be two free-standing Ministerial a year,
one in Brussels and one in Washington, and not, as in the
past, a single meeting at the end of the December NATO
Ministerial. The principle of meetings between President
Bush and President Delors, whenever the opportunity
arises, has also been established.

No C 94/14 Official Journal of the European Communities 11. 4. 91

The regular Ministerial are being supplemented by two
Sub-Cabinet meetings per year (chaired by the
Director-General of DG I and the Under-Secretary of
State for Economic and Agricultural Affairs). The object
of these meetings is to ensure an adequate overview of
collaboration in areas of joint interest.

The frequent ad hoc political level meetings between
Commissioners and the US administration will of course

continue as and when necessary, or as the opportunity
arises. In addition, efforts, at the level of officials, will be
intensifed in order to resolve existing trade differences
and provide an early-warning system for issues which
could develop into real problems if not addressed
promptly. At the same time, a conscious drive to deepen
and extend cooperation in areas of mutual interest has
been launched.

Furthermore, the President of the European Council, Mr
Haughey, met President Bush on 27 February 1990 to
discuss, amongst other matters, the strengthening of links
with the United States. At that time, it was agreed that
meenings between the President of the United States and
the President of the European Council should be held
during each Presidency. It was also agreed that there
should be an additional meeting per year between the US
Secretary of State, the twelve Ministers of Foreign Affairs
and the Commission. The first such meeting was held on 3
May. It was further agreed that there should be increased
contacts at official level on subjects covered by European
Political Cooperation. Such meetings have already taken
place on Africa, Central America and the Middle East.

WRITTEN QUESTION No 1158/90

by Mrs Astrid Lulling (PPE)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 94/25)

_Subject:_ Adverse publicity given by the Commission to
the Eurocheque system

In its sixth annual report to the European Parliament on
its monitoring of its application of Community 1988
(COM(89) 411 final of 21 December 1989) in particular in
paragraph 88 concerning the charging of commission on
Eurocheques, the Commission referred to a request to the
public regarding such commissions. What was the
wording of that request and how was it delivered to the
public?

1. Why did the Commission embark in this report on a
publicity campaign against Eurocheques, when any
payment system usually involves charges?

2. Did the Commission compare the Eurocheque system
with other payment systems, and did it also ask the
public for copies of correspondence with those
running these other systems regarding commission
and other charges?

3. How many letters were received by the Commission
and what was the period covered?

4. Will the Commission pass on to the interested parties
the complaints it has made public?

5. Did not the Commission realize that its course of

action may have been an infringement of its duty of
professional secrecy, which could give rise to actions
for liability on the basis of Article 215 of the Treaty?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(20 November 1990)_

1. In the context of an infringement proceeding against
Italy concerning a discriminatory tax on all foreign
cheques, the large majority of which are Eurocheques, the
Commission invited the public by means of a press release
issued at the end of July 1988 to insist on compliance with
the conditions applicable under the Eurocheque system
and, where appropriate, to complain to the banks
concerned and, as a last resort, to the Commission. The
latter, aware that Eurocheques are usually less expensive
for conducting transfrontier transactions than other
payment sytems, had absolutely no intention of launching
any form of adverse publicity against Eurocheques.

2. Since there was no need to mention other payment
systems in the abovementioned context, the Commission
did not make any comparison of the terms applied under
the various systems. However, in view of the general
interest of this matter, it recently published a discussion
paper entitled 'Making payments in the internal
market' ('), a copy of which is being sent separately to the
Honourable Member.

3. The Commission has received some 40 letters on this

subject, possibly as a consequence of the abovementioned
press release. Many of them arrived in August or
September 1988.

4. The Commission departments met with a
representative of Eurocheque International in the summer
of 1988, and have since had numerous contacts regarding
complaints, most of which resulting from users failing to
comply with the conditions governing application of the
Eurocheque system (in particular, observing the limits on
amounts and issuing cheques in local currency).

11. 4. 91 Official Journal of the European Communities No C 94/15

5. The Commission considers that there was no

conceivable risk of professional secrecy being violated.

0) COM(90)447.

WRITTEN QUESTION No 1175/90

by Mr Frederic Rosmini (S)

to the Commission of the European Communities

_(14 May 1990)_

(91/C94/26)

_Subject:_ Mediterranean high-speed rail link

The Mediterranean high-speed rail link will make it
possible to travel between Marseilles and Paris in three
hours. A similar connection between Spain and Italy is of
vital importance for the South of France in general and
the Marseilles region in particular.

Has the Commission drawn up a railway improvement
scheme that is likely to be put before the Council within a
reasonable period? Do its proposals take ecological
considerations into account?

Answer given by Mr Van Miert
on behalf of the Commission

_(6 September 1990)_

The Commission is at present working out, with the aid of
a group of high-level experts, a master plan for the
European high-speed rail network. The plan will be put
before the Council at the end of the year.

The ecological aspect is obviously being taken into
account. The Commission would point out that Council
Directive 85/337/EEC (') makes it compulsory to assess
the environmental impact of projects involving the
building of tracks for high-speed rail traffic.

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

WRITTEN QUESTION No 1194/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 94/27)

_Subject:_ The port and airport of Catania

In view of Sicily's geographical characteristics (with the
two main cities at opposite ends of the island and the

resulting communications difficulties), does not the
Commission believe that the port and airport of Catania
should enjoy the same benefits as those of Palermo?

Answer given by Mr Millan
on behalf of the Commission

_(6 July 1990)_

The Commission attaches particular importance to
reducing the isolation of Sicily from mainland Europe.

Applications by the Italian authorities for part-financing
of projects to improve port and airport infrastructures
have always been favourably received by the ERDF.

Such was the case as regards both Palermo airport and the
airport at Catania, for which the Commission granted
LIT 605 319 117 in ERDF assistance in December 1985 to

cover 50% of the cost of an ILS Radio assistance

installation and LIT 17,5 billion in December 1987 to
cover 50% of the expected cost of constructing a new
runway and installing lighting, drainage and radio
assistance.

If the Commission receives further applications for
part-financing of infrastructures of this type in Sicily,
they will be carefully considered in the light of the
accompanying traffic forecasts.

WRITTEN QUESTION No 1197/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 94/28)

_Subject:_ The supply of dentures to the public

The report of the Committee on Legal Affairs and
Citizens' Rights (Doc. A 2-0095/87 (')), which was
adopted nem. con. by the plenary session of the EP on 18
September 1987, called upon the Commission 'to carry
out a study into the practice of denturism in the various
Member States and the legal provisions governing it'.

The practice of denturism is a specialist service whereby
one and the same suitable trained and qualified person
both makes and fits dentures directly for the patient and
without the intervention of a dental surgeon.

A clear distinction needs to be made between dental

technician (who work in dental laboratories on the

No C 94/16 Official Journal of the European Communities 11. 4. 91

instructions of dental surgeons) and denturists (who,
having first trained as dental technicians, undergo
supplementary training for qualification to work directly
on their own responsibility with patients for the making
and fitting of dentures).

The Committee on the Environment, Public Heath and
Consumer Protection of the European Parliament has
recommended unanimously that the profession of
denturist should be generally recognized by Member
States (Opinion PE.89 159 of 1 March 1984).

Denturists are now recognized by Act of Parliament in the
Member States of Denmark, Spain, Portugal and the
Netherlands.

A public opinion poll carried out by Marketing and
Opinion Research Management Ltd (MORI) in August
1989 showed that 66% of the denture-wearers questioned
in the United Kingdom would welcome being able to
choose whether to obtain dentures from a dentist or a

denturist.

1. What action has the Commission taken or does it

propose to take in conformity with the request of the
Parliament referred to in the first paragraph above?

2. In view of the clear indications of consumer opinion in
favour of denturists, will the Commission set up a
working party to investigate and report upon their
role in the provision of denture services within the
Community?

3. Bearing in mind the widespread consumer interest in
this matter, will the Commission at least investigate
and report upon the experience in Denmark where
denturists have practised as an independent profession
under Act of Parliament since 1979?

O OJNoC281,19. 10. 1987,p.206.

Answer given by Mr Bangemann
on behalf of the Commission

_(24 September 1990)_

On 26 July 1989, the Commission presented to the
Council a proposal for a Council Directive on a second
general system for the recognition of professional
education and training which complements
Directive 89/48/EEC ('). The proposal relates to all
professional qualifications the recognition of which is not
covered by Directive 89/48/EEC ( [2] ) (which deals solely
with higher-education diplomas awarded on completion
of professional education and training of at least three
years' duration) or by any other Directive. It could thus
apply also to denturists (dental technicians entitled to fit
dentures themselves, without reference to a dentist). In its
opinion on the proposal, Parliament supports the

Commission's general approach, which was embodied for
the first time in Directive 89/48/EEC and intentionally
leaves aside the matter of prior coordination of training
and fields of professional activity.

The Commission attaches priority at present to general
solutions such as those described above. Nevertheless, in
view of the experience acquired in implementing the two
general systems for the recognition of qualifications, it
does not wish to rule out the possibility that it may put
forward specific proposals to facilitate the movement of
professionals, provided that the professionals concerned
agree unanimously on the measures to be taken and that
the Member States reach a sufficient degree of consensus.

O OJNoC263, 16.10. 1989, p. 1.
O OJNoLl9,24.1.1989, p. 16.

WRITTEN QUESTION No 1227/90

by Mr Arias Canete (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 94/29)

_Subject:_ Multiannual guidance programme for
acquaculture (1987 to 1991) for Spain

Having regard to Commission Decision 88/9/EEC (') of
11 December 1987 on the multiannual guidance
programme for aquaculture (1987 to 1991) submitted by
Spain pursuant to Council Regulation (EEC) No
4028/86 ( [2] ), can the Commission give details of the
programme's specific objectives, in order of priority, and
the investment provided for in the programme?

(') OJNoL4,7. 1.1988, p. 26.
_C)_ OJ No L 376, 31.12.1986, p. 7.

Answer given by Mr Marin
on behalf of the Commission

_(21 September 1990)_

The overall objective of the programme is to encourage
the rapid and substantial development of aquaculture for
all species that can be farmed with a reasonable profit
margin.

Spain's most pressing need is for fish and shellfish
hatcheries and nurseries.

The development of marine aquaculture will be
concentrated on the Atlantic coast of Andalusia, in the
Galicia/Biscay area and in Catalonia.

The total capital investment is estimated at PTA
28 700 000 000 (ECU 198 400 000), of which PTA
23 400 000 000 is to be spent on fish- and

11. 4. 91 Official Journal of the European Communities No C 94/17

shellfish-farming in salt water and brackish water. The
proportion of government aid has been set at 10% of the
total investment.

An investment of PTA 2 500 000 000 (ECU 17 280 000) is
envisaged for the placement of artificial reefs.

The resulting increase in production expected can be
summarized as follows:

_(tonnes)_

1995 (')

33 134

8 061

377 500

Production

increase

32 717

8 500

73 524

Fish

Crustaceans

Molluscs

1985

417

36

304 025 ( [J] )

( [1] ) The programme provides for the abovementioned investments up to 31
December 1991. The time required for construction and launch of the
installations should be taken into account in the assessment of the
production objectives set for 1995.
( [2] ) Estimates.

WRITTEN QUESTION No 1233/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 94/30)

_Subject:_ Eligibility of the left bank of the river Seudre for
funding under Objective 5b

The southern border of Zone II (known as the Zone des
Marais) of the department of Charente-Maritime which is
eligible for funding under Objective 5b of the ERDF is
formed by the right-hand bank of the river Seudre.

In this mainly oyster farming region, activities are carried
out in equal measure — sometimes by the same farmer —
on both banks of the river. There is consequently a
disparity in the allocation of ERDF funds which can in no
way be justified by the nature of the problems involved as
regards land planning, improvement or protection.

Is the Commission prepared to take this problem into
account and to decide that the villages on the left bank of
the Seudre should also be eligible for Objective 5b
funding?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(20 June 1990)_

The Zone Marais in the department of
Charente-Maritime, which is eligible for funding under
Objective 5(b) of the reform of the structural Funds,

corresponds exactly to the territory proposed by the
French authorities for funding. Although it is true that
only the right bank of the river Seudre is therefore eligible
for structural Fund aid under this Objective, it should be
remembered that the same applies to the national
measures undertaken within the framework of the fragile
rural area policy provided for in the state/region
agreement under the Tenth Plan. The treatment given to
the two banks of the Seudre is therefore the same, as
regards both Community activities and national measures
to develop the area.

Although the two banks of the Seudre may be similar in
terms of certain activities, the Commission does not wish
to change the definition of the eligible areas, since this
would involve a long and complex procedure similar to
the one which led to the selection of the eligible areas as
they now stand. It would also lead to a delay in the
implementation of Community measures, which the
Commission wishes to see carried out as soon as possible.

Nevertheless this does not mean that oyster-farming
outside the eligible areas will not receive Community
assistance. It may receive aid under the Community
fisheries policy in the aquaculture sector. The activities
this provides for, which cover a very wide range of
structural measures, apply to all Community regions.
They may be implemented on both sides of the Seudre,
thus ensuring equal treatment of both parts of this
homogeneous oyster farming area.

WRITTEN QUESTION No 1277/90

by Mr Francois-Xavier de Donnea (LDR)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 94/31)

_Subject:_ Global warming

At the recent conference at the White House on global
warming, Commissioner Ripa di Meana announced the
Commission's intention to promote research into the
basic causes of climatic change.

1. Does the Commission therefore believe that the

Epoch and Joule programmes should be revised, in
particular as regards their financing?

2. What initiatives does the Commission intend to take

in order to encourage the conclusion of an agreement
on CO2 emissions at the second international

conference on the climate in November 1990?

No C 94/18 Official Journal of the European Communities 11. 4. 91

3. "What stage has been reached in preparations for
proposals to be made by the Commission to the
Council on CCh emissions in the EEC?

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

_(13_ _July 1990)_

The intention is that the Epoch programme should be
continued as part of a new environmental research
programme within the 1990—94 framework programme,
which makes more funds available for environmental

research than was the case under the previous framework

programme.

The Joule programme does not cover research into the
basic mechanism of climatic change, but looks at energy
technology and assesses energy options with a view to
reducing emissions of greenhouse gases. Funding for this
programme will remain the same.

In addition, the Commission has drawn up a
communciation (') setting out its policy targets and
initiatives with regard both to international negotiations
and to measures to stabilize and, in the longer term,
reduce emissions of greenhouse gases in the Community.

O SEC(90) 496 final.

WRITTEN QUESTION No 1436/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 94/32)

_Subject:_ Community contribution to deforestation in
Equatorial Guinea

An indicative programme for Equatorial Guinea contains
a forestation programme covering the laying of roads to
open up inaccessible areas of forest, the timber trade and
the protection of natural resources. The aim is to
quadruple timer extraction from 100 000 m [3] to
400 000 m [3] per year. The Community is to contribute
ECU 1910 000 over a four-year period. The project
forms part of the Community's Regional Forestry
Programme for Central Africa.

Although the project incorporates forestry protection
measures, these are likely to prove ineffectual. The roads
are to be laid and timber extraction stepped up
immediately, without waiting for the necessary

preliminary studies to be carried out. No legal or other
protective measures have been framed. However, research
has already revealed that at the current rate of extraction
the forest will have disappeared within 20 years.

1. Does the Commission not take the view that it is

contributing to the (more rapid) destruction fo the
forests in Equatorial Guinea, or does it feel that a
quadrupling of the rate of timber extraction will
extend the life of those forests?

2. Can the Commission provide examples of countries
where the stepping up of timber extraction has
actually contributed to the conservation of the tropical
forests, including the variety of species found in them,
and created a more sustainable basis for the existence

of the local population?

3. In the case of Equatorial Guinea, can the Commission
state from where the investments originate, by whom
and by which firms and bodies the work is to be
carried out and how the ultimate financial benefits are

to be distributed among these firms and others, such
as the government and local population.

4. Does the Commission not regard it as more advisable
to delay investments in connection with tropical
forests until full guarantees are given regarding the
conservation of these forests?

Answer given by Mr Marin
on behalf of the Commission

_(6 September 1990)_

The forestry sector is one of the priorities of the indicative
programme for Equatorial Guinea since it provides the
only opportunity for the country's economic development
and financial stability, following the slump in the cocoa
subsector. It is therefore clear, as the Honourable
Member says, that an increase in production can be
achieved only against the background of a consistent
forestry policy which takes account of the need to
preserve the balance of the tropical forest and the
country's natural resources.

Since the above guarantees have not at present been
fulfilled the Commission has decided for the time being to
finance only part of the original project. This aid will
contribute to establishing an efficient and consistent
forestry policy covering the exploitation and conservation
of Equatorial Guinea's forests. The aid complements
operations in this field planned by other donors and those
to be carried out as part of regional cooperation in
Central Africa.

The project, which recently received ECU 1 190 000 from
the Commission in the form of grants from the resources
of the national indicative programme, is designed to take
aerial radar and photographic images of continental

11. 4. 91 Official Journal of the European Communities No C 94/19

Equatorial Guinea in order to draw up a detailed
inventory of forestry potential and give logistical support
to the OCIPEF (Office of Information Control and
Promotion of Forestry Species) and train national staff.

Any investment in respect of forest exploitation will be
considered by the Commission only if it complies with a
consistent forestry policy, drawn up in close coordination
with the other aid donors under the Tropical Forest
Action Plan.

As part of regional cooperation in Central Africa, the
Commission also intends to finance a programme for the
conservation and efficient use of forest ecosystems in this
part of Africa (seven countries). The programme will be
put before the Community decision-making bodies very
shortly. The main themes of the Equatorial Guinea
component are the protection of biological diversity, the
development of forestry resources, staff training and
ecological studies.

WRITTEN QUESTION No 1447/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 94/33)

_Subject:_ Research, development, demonstration and
policies in the field of alternative energy sources
and rational use of energy — powers of the
Commission

Can the Commission indicate the extent of their powers
to persuade or oblige the Member States to comply with
their recommendations, directives or regulations on
energy policy?

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

_(7 August 1990)_

The enforcement of Community instruments by the
Commission in the energy sector is the same as in other
sectors. In respect of legally binding instruments, such as
directives, decisions or regulations, the Commission
clearly has recourse to its powers provided for in the
Treaties, including judicial remedies in cases of
non-compliance by Member States.

On the other hand, instruments which are not legally
binding in character can only be enforced by political
influence and persuasion. By and large, the Commission
has been successful in persuading Member States towards
positions of Community solidarity, for example, in the
setting up of Community energy policy objectives, the

launching of programmes for the development of
innovative energy technologies and the promotion of a
more efficient use of energy.

WRITTEN QUESTION No 1555/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(2 7 June 1990)_

(91/C 94/34)

_Subject:_ Motor-cyclists in danger from other road users

Is the Commission aware that research would indicate

that, in the UK, in accidents involving motor-cyclists, well
over half those accidents are caused by other road users?
Would the Commission indicate whether it would be

prepared to instigate a research project to assess, fully and
accurately this danger to motor-cyclists across Europe?
Furthermore, while we understand the need for
motor-cyclists themselves to be constantly vigilant and to
take all steps possible to reduce risk to themselves, would
the Commission explore ways in which the serious risks
they suffer at the hands of other road users can be
reduced, and then implement a policy to reduce those
risks?

Answer given by Mr Van Miert
on behalf of the Commission

_(18 October 1990)_

The Commission has already carried out a survey of
accidents causing bodily injury to motorcyclists.
However, little of the information furnished by the
Member States relates specifically to the proportion of
accidents caused by drivers of other vehicles with the
motorcyclist bearing no responsibility.

On the question of initiatives to protect motorcyclists, the
Commission has already introduced the requirement for
heavy vehicles to be fitted with external rearview mirrors
on both sides so that it is easier to spot two-wheeled
vehicles.

Also, the proposal for a Directive on the driving
licence ('), now before the Council, contains provisions
intended to ensure that the training programme for
learner drivers includes a section specifically to make
them aware of the dangers inherent in the presence on the
road of other vehicles such as those with two wheels.

The Commission will pay particular attention to this point
once it receives the detailed statistics supplied by the data
bank on traffic accidents occurring in the Community.

(•) COM(88) 705 final.

No C 94/20 Official Journal of the European Communities 11. 4. 91

WRITTEN QUESTION No 1622/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(2 July 1990)_

(91/C 94/35)

_Subject:_ Antarctic Treaty

Will the Commission provide the names of the 33
signatory states of the Antarctic Treaty which was signed
in Wellington in June 1989 with a view to authorizing a
limited opening up of exploration and mining in the area.
Will it also state which countries have so far ratified the

Treaty and which are contesting it?

Answer given by Mr Andriessen
on behalf of the Commission

_(18 October 1990)_

The following States signed the Wellington Convention:
Argentina, Brazil, Chile, China, Czechoslovakia,
Denmark, Finland, the German Democratic Republic,
Japan, the Republic of Korea, Norway, New Zealand,
Poland, South Africa, the Soviet Union, Sweden, the
United Kingdom, the United States, and Uruguay.

None of these has yet deposited its instrument of
ratification.

Since the signing of the Convention some of the countries
that participated in the negotiations have expressed
reservations, some more formally than others, or taken a
negative stance. The Commission has no precise details
about this.

It welcomes the initiative of the French and Australian

governments on a comprehensive arrangement to protect
the Antarctic environment and its associated and

dependent ecosystems.

WRITTEN QUESTION No 1652/90

by Mr Vassilis Ephremidis (CG)

to the Commission of the European Communities

_(4 July 1990)_

(91/C 94/36)

_Subject:_ Commission's powers. Legal basis of texts on sea
transport

Given that Article 84 (2) of the EEC Treaty is the only
article which refers to sea and air transport stipulating
that the power to take decisions in regard to this sector is
conferred on the Council of Ministers:

1. Why does the Commission, in its report (COM(90) 17
final of 23 February 1990), use Article 113 of the
Treaty as the basis?

2. Does not this procedure constitute an arbitrary
increase of the Commission's powers at the expense of
the Member States, effectively limiting the latter to a
purely advisory role?

3. Is it not arbitrary to distinguish between 'technical'
matters governed by Article 84 (2) as opposed to
'commercial' matters which are more important, that
is to say access to cargoes, bilateral agreements, rules
of competition etc. ?

4. Is this not an indirect means of absorbing air and sea
transport policy into trade policy, with serious
consequences for the Member States whose volume of
trade is not commensurate with the size of their fleets,
for example Greece?

5. In the final analysis what impact will this procedure
have on the European Parliament's powers in these
matters?

Answer given by Mr Delors
on behalf of the Commission

_(23 January 1991)_

1. As stated in COM(90) 17 final, to which the
Honourable Member refers, the Commission is of the
opinion that those aspects of external relations
concerning trade in services, including transport services,
come within the scope of the Community's commercial
policy. This opinion was formed in the light of
developments at international level (in particular, the
inclusion of all services in the Uruguay Round) and also
on the basis of the case law of the Court of Justice

concerning 'commercial policy'.

2. No.

3. The distinction which is made between commercial

matters and non-commercial matters is not an arbitrary
one since they relate to different objectives; commercial
matters are concerned directly with trade in services
whereas non-commercial matters are only indirectly
connected with it and are more concerned with measures

to harmonize the conditions of competition.

4. No.

5. The procedure which has been adopted should not
really affect the powers of Parliament at all. Indeed, the
Commission has stated on several occasions that the

Stuttgart Declaration of June 1983 requires Parliament to
be consulted on all significant international agreements

11. 4. 91 Official Journal of the European Communities No C 94/21

concluded by the Community, regardless of their legal
basis, and that the Commission will see to it that this
consultation does actually occur.

WRITTEN QUESTION No 1702/90

by Mrs Carmen Dicz De Rivera (S)

to the Commission of the European Communities

_(5 July 1990)_

(91/C 94/37)

_Subject:_ Driving licences and the elderly

Can the Commission state whether there is any Member
State where renewal of a driving licence may be refused
for the sole reason that the holder is over a certain age?

Answer given by Mr Van Miert
on behalf of the Commission

_(14 September 1990)_

Directive 80/1263/EEC of 4 December 1980 on the

introduction of a Community driving licence (')
established minimum standards of physical and mental
fitness. The standards are set out in Annex III and take

into account the current position in the Member States.

On this point the principle underlying the Directive is to
set minimum standards but allow Member States to

impose stricter ones. This applies to regular medical
examinations, which remain optional.

On the question of eyesight, Annex III suggests that eye
tests should be carried out from the age of 70 'and
preferably earlier, and thereafter at appropriate intervals'
or from the age of 40 in the case of subnormal vision.

Depending on the category of driving licence (ordinary or
professional), most Member States have made medical
examination prior to renewal mandatory. According to
the Commission's information this is so in Belgium, the
Federal Republic of Germany, Denmark, Spain, Greece,
France, Italy, the Netherlands and the United Kingdom.
For instance, licence holders of 70 years of age are
required to undergo medical examination in Denmark,
Spain, Greece, Ireland and Italy. In the last three, such
examinations are an annual requirement.

Also, the proposed directive ( [2] ), which is to replace
Directive 80/1263/EEC, lays down that, in general,

drivers of 75 and over must undergo periodic medical
examination. For Group 2 drivers (lorries and buses) the
proposal requires national legislation to prescribe such
examinations.

(') OJ No L 375,31.12.1980, p. 1.
O OJ No C 48, 27.2.1989.

WRITTEN QUESTION No 1757/90

by Mrs Maartje Van Putten (S)

to the Commission of the European Communities

_(12 July 1990)_

(91 /C 94/38)

_Subject:_ UN Declaration on the Rights of the Child

Has the Commission noted the answer given by the
Council to Question H-172/90 (') that it would welcome
any proposals from the Commission on the application of
the UN Declaration on the Rights of the Child on
Community territory?

Is the Commission prepared to submit such proposals
and, if so, when?

How does the Commission plan to take account of this
Declaration in bilateral contacts with third countries?

(') Debates of the European Parliament No 3-388 (March 1990).

Answer given by Mr Delors
on behalf of the Commission

_(3 October 1990)_

The Commission has noted the answer given by the
Council to Question H-172/90, in which it said that it
would consider any relevant proposals from the
Commission once the United Nations Convention on the

Rights of the Child came into force, provided they lay
within the sphere of Community responsibility.

The Convention, however, does not come into force until
30 days after the 20th ratification or accession.

The Commission is aware of the many problems involved
in protecting children and adolescents, both within the
Community and in other countries, and hopes that the
Convention will soon be ratified by as many countries as
possible.

No C 94/22 Official Journal of the European Communities 11. 4. 91

Any proposal the Commission might make would have to
take account of existing Council of Europe initiatives,
respect the principle of subsidiarity, and accord with its
powers under the Treaties.

The Committee of Ministers of the Council of Europe,
having noted the Parliamentary Assembly's
recommendation 1121 (1190) on the rights of children,
has informed the Assembly that consideration is being
given to framing an appropriate Council of Europe
instrument to complement the United Nations
Convention on the Rights of the Child.

It should be noted that the Assembly's recommendation
called for coordination with other international

organizations, including the European Community.

WRITTEN QUESTION No 1762/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(5 July 1990)_

(91/C 94/39)

_Subject:_ Coordination of European efforts with regard to
HDTV

The media have expressed their support for the agreement
between the two industrial groups Thomson and Philips
to speed up research into HDTV (high definition
television), which will also be carried out with the official
backing of the French Government, according to a
statement made by the Minister for Industry Mr Roger
Fauroux _(Le Monde_ of 17 May 1990).

Does the Commission also support this project, the
subject of which has already aroused interest at European
level? What links does this initiative have with the

EUREKA 95 programme, the second stage of which was
about to be decided on when the agreement was reached?
Finally, can the Commission say what connection can be
maintained between this initiative and a number of

specific programmes included in the new Community
framework programme?

Answer given by Mr Pandolfi
on behalf of the Commission

_(8 November 1990)_

The agreement between the companies Philips and
Thomson mentioned by the Honourable Member has not
been officially referred to the Commission. To its

knowledge this agreement comes under the general
cooperation of EUREKA 95. The Commission has no
comments to make on this subject.

Having said that, since 1986 the Commission has
supported all initiatives concerning political, scientific
and technical cooperation between public or private
bodies on high definition television.

In terms of policy, for example, the Commission
coordinated the position of the Member States at the
plenary meetings of the International Radio Consultative
Committee in Dubrovnik in 1986 and in Diisseldorf in

May 1990. This coordination at the CCIR paved the way
for European work on a proposal for a world standard. In
the interim the Commission has prepared the 'MAC
Packets' directive of November 1986, which allows for
the use of MAC standards on direct broadcasting
satellites. The decision of April 1989 also establishes the
strategy of introducing HDTV services in Europe.

In the new framework programme on scientific research
the Commission has taken the measures needed to

coordinate a number of ESPRIT and RACE projects
concerning high definition television with projects in the
second phase of the EU 95 programme, as defined at the
EUREKA Ministerial Conference in Rome on 1 June

1990. These projects deal with:

— digital studios and production links,

— High-definition television screens,

— semi conductors for HDTV, including charge transfer
circuits,

— strategic material in the equipment range, such as
videos.

The communication in February 1990 on audio visual
policy pinpointed measures in favour of HDTV as
compared with the other aspects of this policy (rules of
the game, programme industry). Accordingly, the
Commission advocated the creation of the European
Economic Interest Grouping, VISION 1250, which was
set up on 11 July in Strasbourg during the Parliamentary
session. A demonstration of HDTV was organized by the
Commission on that occasion with the aid of Parliament.

Backed by these two institutions, a further demonstration
was given at the beginning of November during the
conference on science and technology in Europe.

Thus, without interferring with the technical and trade
agreements of the industry, the Commission acts in
matters which concern it, encourages where necessary and
coordinates any action falling within the strategy of
introducing HDTV, as set out in the decision of April
1989.

11. 4. 91 Official Journal of the European Communities No C 94/23

WRITTEN QUESTION No 1772/90

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(12 July 1990)_

(91/C 94/40)

_Subject:_ Failure by Belgium, Italy and Luxembourg to
implement the Directive on mutual recognition
of diplomas and right of establishment for
pharmacists

In April 1989, the Commission delivered reasoned
opinions for Belgium, Italy and Luxembourg for failure to
notify it of the national measures implementing Council
Directive 85/433/EEC (') of 16 September 1985
concerning the mutual recognition of diplomas,
certificates and other qualifications in pharmacy,
including measures to facilitate the effective exercise of
the right of establishment relating to certain activities in
the field of pharmacy. What is the current position? What
implementing measures have been taken?

(') OJ No L 253, 24. 9. 1985, p. 37.

Answer given by Mr Bangemann
on behalf of the Commission

_(6 September 1990)_

The administrative proceedings to which the Honourable
Member refers have taken their course. Since the Member

States in question have failed to take the necessary steps
fully and correctly to incorporate Directive 85/443/EEC
into national law, the Commission has referred the matter

to the Court of Justice in all three cases.

WRITTEN QUESTION No 1837/90

by Mrs Ursula Schleicher (PPE)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 94/41)

_Subject:_ Amendment of the directive on drinks containers

According to press reports, the Commission of the
European Community is reviewing Directive
85/339/EEC O

1. In its deliberations, what environmental value does the
Commission attach to an existing national pool of
refillable containers used for marketing 90 % of sales
in a particular sector, where 90 % of refillable bottles
are returned ?

2. Can the Commission ensure that the definition

provided makes a clear distinction between refillable
and non-refillable containers?

3. Does the Commission agree that, under the 'polluter
pays' principle, refillable bottles cannot be included in
a quota designed to reduce waste materials from
drinks containers?

4. In the Commission's view, who is the appropriate
interlocutor in establishing quotas to reduce materials
waste drinks containers: the manufacturers of the

containers, the bottlers or the trade representatives?

0 OJNoL176,6.7.1985,p. 18.

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

_(10 October 1990)_

The Commission is considering the various options
available as regards the amendment of the Directive on
drinks containers to make it more consistent with the

principles established in Article 130r (2) of the Treaty. At
this stage, it is therefore unable to comment on the
various points raised by the Honourable Member.

WRITTEN QUESTION No 1885/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(2 August 1990)_

(91/C 94/42)

_Subject:_ Restriction on the free import of diesel fuel

Is the Commission aware that restrictions are imposed by
two Member States on the free import of diesel fuel in the
tanks of commercial vehicles?

Does the Commission consider that such restrictions are
still justified in view of:

1. the introduction of an increase in excise duty on diesel
fuel in the Netherlands in view of the imminent

harmonization of excise duties.

2. the introduction on 1 July 1990 of a road-users' tax in
the FRG.

3. the imposition by the FRG of a levy of DM 0,442 per
litre of diesel fuel purchased in Sweden, although the
price of such fuel is higher in Sweden than in the FRG,

4. the tax-free allowance of 600 litres of diesel fuel for

internal transport between the GDR, West Berlin and
the FRG, which is of particular benefit to German
hauliers,

5. the fact that no refund is paid on the export of diesel
fuel contained in vehicle tanks?

No C 94/24 Official Journal of the European Communities 11. 4. 91

Does not the Commission consider that its proposal
dating from 1984 for the free import and export of vehicle
tank contents should be adopted by the Council, since
otherwise distortions of competition, which are
unacceptable in a free common market, will continue to
exist?

Answer given by Mrs Scrivener
on behalf of the Commission

_(22 November 1990)_

Under existing Community tax arrangements, Member
States may limit the tax-free allowance for diesel fuel
contained in the standard tanks of commercial vehicles to
200 litres ( [1] ).

However, in order to facilitate the crossing of
intra-Community frontiers pending removal of this
restriction upon completion of the internal market, the
Commission has proposed the _de facto_ abolition of any
restriction on the quantity of fuel contained in standard
tanks by increasing the present duty-free allowance from
200 to 600 litres ( [2] ).

This proposal is being examined by the Council as part of
the overall discussions on excise duties.

In addition, within the framework of its programme for
completing the internal market, the Commission
presented in 1987 a proposal on the approximation of the
rates of excise duty on mineral oils ( [J] ), which was
amended in 1989 ( [4] ), and in 1990 a proposal on the
harmonization of the structures of excise duties on
mineral oils ( [5] ) and a proposal on the general
arrangements for products subject to excise duty and on
the holding and movement of such products (*). These
proposals are now before the Council.

( [l] ) Directive 83/181/EEC, OJ No L 105, 23. 4. 1983, as last
amended by Directive 89/219/EEC, OJ No L 92, 5. 4. 1989;
Directive 68/297/EEC, OJ No L 175, 23. 5. 1968, as last
amended by Directive 85/347/EEC, OJNo L 183,6. 7.1985.
O OJNoC 183,22.7. 1986.
O OJNoC262,1.10. 1987.
O OJNoC 16,23.1.1990.
O COM(90) 434 final.
(') COM(90)431.

WRITTEN QUESTION No 1899/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 94/43)

_Subject:_ Future 'peripheral' areas of the FRG

Will the current border areas of the FRG

(Zonenrandgebiete), which are on the point of

disappearing, be replaced, possibly with the aim of
attracting Structural Fund payments, by new border areas
adjacent to Poland or other territories of the present
GDR?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(7 December 1990)_

The Commission is not aware of any plans on the part of
the German authorities to designate areas along the
border with Poland or other territories which would be

comparable to the old Zonenrandgebiet. The problem of
the Zonenrandgebiet will be looked at as part of the
review of the German regional aid scheme, the
Gemeinschaftsaufgabe, in the light of German
unification.

The structural Funds do not assist the Zonenrandgebiet as
such, although areas in the Zonenrandgebiet can qualify
for Fund assistance.

In its Memorandum on the Community and German
Unification, the Commission pointed out that the
structural Funds have an important role to play in
facilitating the integration of the former GDR and its
regions into the Community. It proposed that an
additional ECU 3 billion be made available over the three

years 1991 to 1993 for structural measures in the former
GDR, the entire territory of which would be eligible for
assistance from the Funds.

WRITTEN QUESTION No 1927/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(1 September 1990)_

(91 /C 94/44)

_Subject:_ New eolian platform in Spain

The entry into operation of the eolian platform at
Granadilla, Tenerife, Spain, will be the first example of
technological progress made in the exploitation of wind
energy and a reference-point for all scientists specializing
in this subject. The technological progress being made in
the exploitation of wind energy will enable many parts of
the Community to benefit from this source of energy and
reduce their dependence on traditional energy sources.

In view of this, could the Commission say how it intends
to become involved with the important experiment being
carried out at Granadilla and whether it intends to accept
the invitation to take part in research on the subject,
formulated in general terms by the developers of the
eolian platform? Can it also say how this experiment
might fit in with the Community programme for the
exploitation of wind energy?

11. 4.91 Official Journal of the European Communities No C 94/25

Answer given by Mr Pandolfi
on behalf of the Commission

_(11 October 1990)_

The Commission is aware of current and planned
activities on the eolian platform at Granadilla in Spain. In
terms of both its capacity and the technologies used,
however, the installation is not an isolated example as
several similar projects are already operational in various
Member States.

These installations, most of which are experimental in
nature and serve demonstration purposes, could lead to
future action for the large-scale exploitation of wind

energy.

R & D in this field is currently going ahead as part of the
'Renewable energies: solar-derived energy sources'
sub-programme of the 1989—92 Joule programme (').

Future action will take place in the context of the new
Commission proposal for a non-nuclear energies
programme for 1990—92 ( [2] ) (area 3: 'Renewable energy
sources', sub-areas: 'Renewable power plants' and
'Renewable energies for rural electricity, local fuel and
water'. The proposal was sent to the Council on 28 April
1990 and is being discussed at present in the European
Parliament.

When the proposal is adopted by the Council, promoters
will be able to reply to the calls for proposals by putting
forward research projects. These will be examined
according to the usual criteria used by the Commission
for selecting projects eligible for funding by the
Community.

(') Joint Opportunities for Unconventional or Long-term

Energy supply: OJ No L 98,11.4.1989.
O COM(90) 164.

WRITTEN QUESTION No 1957/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(1 September 1990)_

(91/C94/45)

_Subject:_ Official status (recognition) of diplomas issued
by the Athens Health Faculty

For 70 years the Athens Health Faculty has been
providing 12 month courses of postgraduate training in
public health, as part of which students are required to
write a dissertation. This training is available only to
graduates from higher education institutes (Faculties of
Medical, Legal, Political and Economic Studies). A bill

has been submitted, but never adopted in Parliament, to
establish the Athens Health Faculty as a higher institute of
education and research and to award its students officially
recognized Master's degrees.

It should be noted that, of the 96 educational institutes in
Europe which provide postgraduate training in public
health studies, only the Athens Health Faculty is not
recorded as an educational institute in its own right and
the diploma it awards, which has no official status and is
valueless in the eyes of the Greek Government.

This situation can only be described as anachronistic and
prevents the alumni of this faculty from being treated in
the same way as those of corresponding European
faculties thereby placing them at a disadvantage. What
steps will the Commission therefore take to secure
immediate recognition and official status for the diploma
awarded by the Athens Health Faculty so that its alumni
are not confronted with insurmountable obstacles to

freedom of movement on an equal footing in the
European Community?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 December 1990)_

In the absence of Community regulations harmonizing
the training leading to the award of qualifications —
which is the case in this instance — recognition within its
own territory by a Member State of academic or
professional qualifications awarded by institutions within
that territory is a matter on which the Member State alone
is competent.

WRITTEN QUESTION No 1967/90

by Mrs Hiltrud Breyer (V)

to the Commission of the European Communities

_(1 September 1990)_

(91/C94/46)

_Subject:_ European cultural park in Bliesbrueck-Reinheim

The Franco-German excavation site at

Bliesbrueck-Reinheim is to be developed into a European
cultural park over the next few years.

1. What Community funds have been earmarked for this
project, together with the necessary preparatory work
(excavations)?

2. Have plans been made to carry out an environmental
impact assessment in respect of the construction work
involved?

3. Are the projected holiday homes on the French side
and the restaurant in Bliesbrueck to be connected to a

sewerage system?

No C 94/26 Official Journal of the European Communities 11. 4. 91

4. To what extent has account been taken of nature
conservation requirements on the French side?

5. Are additional 'leisure facilities', such as a bathing
lake, planned on the French side?

Can the Commission provide detailed and separate
answers to each of the above questions?

Answer given by Mr Millan
on behalf of the Commission

_(16 November 1990)_

The Commission is unable to provide detailed and
separate answers to each of the questions raised by the
Honourable Member. The project mentioned could
receive support under a Community ERDF programme,
the Resider programme for Lorraine concerning the
conversion of the departments of Moselle and
Meurthe-et-Moselle, which the Commission approved on
29 May 1990. That programme includes ECU 2,3 million
to finance a series of tourist infrastructures relating to
development projects and facilities that strengthen the
economic structures. These are located on a number of
sites, including Bliesbruck in Moselle.

The programme specifies that the series of measures
planned will not only create a variety of jobs and attract
private tourist investment but also, once implemented,
involve significant land and environmental improvements
and protection. It also states that measures under the
programme which could have an impact on the
environment will have to comply with the relevant
Community rules.

WRITTEN QUESTION No 1989/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 94/47)

_Subject:_ Court of Justice: Case 222/84

What action has been taken by the United Kingdom in
response to the judgment handed down by the Court on
15 May 1986 concerning Marguerite Johnston v. Chief
Constable of the Royal Ulster Constabulary (Case
222/84)?

Answer given by Mrs Papandreou
on behalf of the Commission

_(9_ _January 1991)_

On 15 May 1986 the Court of Justice handed down its
judgment in Case 222/84 (Marguerite Johnston v. Chief
Constable of the Royal Ulster Constabulary).

The Court of Justice considered that the principle of
effective judicial control laid down in Article 6 of Council
Directive 76/207/EEC of 9 February 1976 does not allow
a certificate issued by a national authority stating that the
conditions for derogating from the principle of equal
treatment for men and women for the purposes of
protecting public safety are satisfied to be treated as
conclusive evidence so as to exclude the exercise of any
power of review by the courts (Article 53 of the Sex
Discrimination (NI) Order 1976).

The provision contained in Article 6 to the effect that all
persons who consider themselves wronged by
discrimination between men and women must have an
effective judicial remedy may be relied upon by
individuals as against a Member State which has not
ensured that it is fully implemented in its internal legal
order.

In February 1988 the UK Government adopted the Sex
Discrimination (Amendment) Order 1987. This
amendment changes Article 53 of the Sex Discrimination
(NI) Order 1976, which the Court of Justice held to be
contrary to Directive 76/207/EEC. Ministers no longer
have the power to issue certificates preventing industrial
tribunals from examining questions involving State
security or public safety when the defence case is based on
these arguments.

WRITTEN QUESTION No 2020/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 94/48)

_Subject:_ Member States' development cooperation
budgets

In May 1989 the Belgian Cabinet adopted a three-year
plan with the objective of earmarking 0,7 % of GNP for
development cooperation by October 1991, in accordance
with the Belgian Government's international
commitments. However, the cabinet made the
achievement of this objective conditional upon 'budgetary
possibilities' which are unfortunately considered to be
very restricted at present. Therefore Belgium may not be
able to respect its commitments.

Can the Commission give information concerning
international commitments entered into by the other
Member States in respect of development cooperation
and the increases made by these Member States in terms
of the percentage of GNP earmarked for this purpose?
Will the Twelve have achieved the figure of 0,7 % by 1991 ?

11. 4. 91 Official Journal of the European Communities No C 94/27

Answer given by Mr Marin
on behalf of the Commission

_(12 October 1990)_

The majority of Member States have at a given moment
declared their support for the principle of setting aside
0,7% of their GNP for public development aid, but
without indicating in every case a precise date for
realizing this objective.

Since Member States' aid is subject to national decision
making the Commission is unable to make any statement
concerning the date on which those Member States which
have not already done so will achieve this objective. As
regards the current position of the various Member States
in relation to the _0,7_ _%_ objective the situation is as follows:
Belgium 0,47%, Denmark 1%, France 0,78%, Germany
0,41%, Ireland 0,17%-, Italy 0,39%, Netherlands 0,94%,
United Kingdom 0,31% (1989), Spain 0,07%, Portugal
0,20 %, Greece 0,07 %, and Luxembourg 0,29 % (1988).

In 1988 the figure for the Community and its Member
States was higher than the average for the countries
belonging to the Development Assistance Committee
(0,49 %), the average for which was 0,36 % at that time.

WRITTEN QUESTION No 2027/90

by Mr Thomas Megahy (S)

to the Commission of the European Communities

_(5 September 1990)_

(91/C94/49)

_Subject:_ Airport security

Does the Commission have any plans to issue proposals
aimed at the coordination, harmonization and overall
improvement of the Community's frighteningly
inadequate system of airport security?

Answer given by Mr Van Miert
on behalf of the Commission

_(29 November 1990)_

Security arrangements are not normally within the
competence of the Community.

They are discussed and finalized at inter-governmental
meetings.

While the Commission may attend some of these as an
observer, e.g. those of the Ad hoc Group on Immigration
or of national coordinators, it may not attend others, such
as those of the Trevi Group dealing with action against
terrorism.

The Commission does not, however, underestimate the
importance of the matter raised by the Honourable

Member. For example, Article 1 of its recent (31 July
1990) proposal for a Regulation concerning the
elimination of controls and formalities applicable to the
cabin and checked baggage of passengers taking an
intra-Community flight ( [l] ) clearly states that security
checks will still be possible.

(') COM(90) 370 final.

WRITTEN QUESTION No 2029/90

by Mr Nino Pisoni (PPE)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 94/50)

_Subject:_ 'Non-quota'milk imports in Italy

The Commission, Parliament and the governments of the
Member States are considering at their respective levels
possible ways of adapting the rules of the milk quota
regime to the present market situation, to take into
account also the forthcoming expiry of the transitional
market arrangements for Spain and Portugal and the
integration of the GDR into the Community.

1. Is the Commission aware that a considerable volume

of non-quota milk is coming into Italy, especially from
France, at prices which are much lower than official
market prices, resulting in a depressed market,
dumping and major problems for farmers?

2. What will the Commission do to alleviate this

extremely serious problem which, apart from anything
else, is responsible for defrauding the Community
budget and frustrating the objectives of the CAP?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(18 December 1990)_

1. The Commission has no factual evidence in support
of the Honourable Member's claim.

2. If evidence of unlawful trade is produced, the
Commission, together with the Member States
concerned, will take all necessary steps to ensure that the
appropriate Community rules are applied in their entirety.

No C 94/28 Official Journal of the European Communities 11. 4. 91

WRITTEN QUESTION No 2038/90

by Mr Jean-Pierre Cot (S) and Mr Luigi Colajanni (GUE)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 94/51)

_Subject:_ Application of Lome IV

In the light of the statements made by the Chairman of
the ACP Committee of Ambassadors at the meeting of the
Committee on Development on 19 April 1990 concerning
the provisions and mechanisms of Lome IV,

— does the Commission consider the financial provisions
and additional measures to be adequate;

— does it consider that, in terms of resources and
objectives, the new Convention corresponds to the
real needs of the ACP countries;

— what is the Commissions position with regard to the
major economic problems facing the ACP countries
and their social implications?

Answer given by Mr Marin
on behalf of the Commission

_(11 October 1990)_

The first two questions raised by the Honourable
Member as regards assessment of the Fourth Lome
Convention were the subject of detailed replies by the
Commission before the Development Committee at the
time of the drafting of Mr Tindemans' report and at the
plenary session of 15 May 1990 during the debate
preceding the European Parliament vote approving the
results of the ACP-EEC negotiations (').

On these occasions, while stressing that the Lome
Convention could not on its own claim to solve all the

difficulties of the ACP countries, the Commission
pointed out that it regarded Lome _IV_ as being a good
agreement, more ambitious and more solid than the
previous agreements and presented arguments in support
of this view:

— concerning finances (a significant increase in the
funds available under the EDF going well beyond the
mere updating of Lome III; the abolition of special
loans and the requirement to reimburse Stabex
transfers paid in the form of loans);

— concerning breakthroughs, improvements and
progress made in important and wide-ranging sectors
(such as raw materials, trade, the environment,
demography, health and education, regional
cooperation, the role of the private sector, promotion
of investments not forgetting increased commitment
as regards human rights and specific measures
designed to encourage decentralized cooperation
covering a wider range of non-governmental agents);

— and finally concerning the principal innovations of the
new agreement (extension of financial cooperation to
support for structural adjustment, based on a
pragmatic and specific approach freely negotiated and
agreed between the ACP and EEC partners;
consideration of the debt problem, with for the first
time a special chapter devoted to this in the
Convention).

As regards the third question the Commission considers

— given the number and complexity of the problems
raised — that it cannot deal with them in any valid or
complete way within the framework of a reply to a written
question which is of necessity concise.

(') Debates of the European Parliament No 390.

WRITTEN QUESTION No 2039/90

byMrAdrienZeller(PPE)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 94/52)

_Subject:_ Potash imports from the USSR

A number of Community potash producers have lodged a
complaint with the Commission about potash imports
from the Soviet Union at dumping level prices with which
it is impossible to compete.

1. Has the Commission already investigated this
complaint and, if so, what are its conclusions?

2. What does the Commission intend to do to prevent
this kind of dumping in the future?

3. Does the Commission intend to compensate
Community potash producers who have been harmed
by these practices or is it planning to make
recommendations along these lines to the Member
States whose producers may have suffered from unfair
competition?

Answer given by Mr Andriessen
on behalf of the Commission

_(5 November 1990)_

1. The Commission has not yet investigated the
complaint to which the Honourable Member refers.

2. Should an investigation show that in this case
dumping has occurred and serious harm has resulted, and

11. 4. 91 Official Journal of the European Communities No C 94/29

should the Community's interests require action to be
taken, the Commission would impose an anti-dumping
duty to compensate for the harmful effects of this unfair
practice.

3. No.

WRITTEN QUESTION No 2041/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 94/53)

_Subject:_ Safety of coach passengers

The Commission will be aware of the relative fragility of
passenger coaches when involved in a collision. These
vehicles can be driven legally at considerable speeds, but
their superstructure of metal and glass not only fails to
afford adequate protection to passengers on impact or
overturning, but it often exacerbates their injuries.

When does the Commission propose to introduce
regulations requiring manufacturers to build coaches
better able to protect passengers when an accident occurs?

When, meanwhile, can coach passengers expect to find on
coaches the safety feature of seat belt restraints, which
they enjoy in their own cars or when travelling by air?

Answer given by Mr Bangemann
on behalf of the Commission

_(12 November 1990)_

EEC type-approval of buses and coaches is governed by
framework Directive 70/156/EEC, which specifies the
aspects to be dealt with in special directives and notably
those directly related to the safety of the passengers
(braking, lighting, seat belts, etc).

Installation of seat belts is governed by Directive
77/541/EECO (and 76/115/EEC ( [2] ) for their
anchorage points), as amended.

On 24 July 1990, the Committee on Adaptation to
Technical Progress approved proposals to amend the
directives on seat belts and their anchorages. In the case of
coaches, these amendments will make seat belts
mandatory on 'exposed forward-facing seats' (that is,
forward-facing seats not immediately behind a
high-backed seat or screen sufficient to restrain a
passenger in a frontal collision).

The Committee also considered making seat belts
mandatory on all seats in all passenger vehicles, except
city buses which make frequent stops and may carry
standing passengers. The Committee was unable to agree
to such a proposal at this meeting due to possible
constructional problems in addition to the cost-benefit
considerations involved. However, the Commission
agreed to re-examine this question with a view to possible
further amendments to be adopted before 31 December
1991.

Operators and users of such vehicles may also specify
safety belts when purchasing new vehicles, if they so wish.

The Commission has not yet seen evidence to justify the
need for a special directive on the strength of the
superstructure of coaches. In recent years wood structures
have been replaced by steel, and real improvements have
been made.

The Commission has also put forward proposals for
speed limits for coaches, to be followed soon by proposals
for the fitting of speed limiters to ensure that those limits
are obeyed. The combined effect of these measures
should contribute to preventing the occurrence of
accidents, as well as mitigating their effects.

O OJ No L 220,29. 8.1977.
O OJ No L 24, 30.1.1976.

WRITTEN QUESTION No 2052/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 94/54)

_Subject:_ Ecological exploitation of resources in
Amazonia

Allying business acumen to concern for the environment,
an American company, Cultural Survival, has concluded
an agreement with cooperatives and individual farmers in
Amazonia whereby nuts from the Brazilian rainforest are
picked, delivered and exported to the United States where
they are being successfully marketed for use in the
manufacture of chocolate and ice cream (Rainforest
Crunch is setting new sales records). Well-known
international companies such as Body Shop and Loblaw
International are also interested in using products from
the Brazilian rainforest in cosmetics and foodstuffs,
without damaging the forest in any way. Cultural Survival
reinvests 40 % of its profits in Brazil in useful small-scale
ecological and socio-cultural products.

No C 94/30 Official Journal of the European Communities 11. 4. 91

Will the Commission seek to embrace this approach in the
pilot programme to safeguard Amazonia which the G-7
asked it to undertake at its meeting in Houston (point 66
of the Declaration), while ensuring that intermediaries
and final manufacturers do not take an excessive share of
the profits to the detriment of Brazilian farmers and
suppliers?

Will the Commission also say whether it is true that only
500 of the 5 million species found in the Brazilian
rainforest can be exploited commercially without damage
to the ecosystem?

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

_(4_ _October 1990)_

The Commission wholeheartedly supports the use of
natural products from the tropical rainforest in a way
which contributes to the ecologically sound and
sustainable management of the forest, while at the same
time providing the indigenous population with a regular
and secure income.

In the context of the mandate issued to it by the last
summit of the industrialized countries in Houston to
work, in close collaboration with the World Bank, on
preparing a pilot programme for Amazonia together with
the Brazilian Government, the Commission will be
looking into ways of promoting initiatives of the kind
referred to by the Honourable Member.

As regards the number of species which can be exploited
commercially without threatening the Amazonian
ecosystem, the Commission is not in a position at this
stage to comment on the figures quoted.

WRITTEN QUESTION No 2076/90

by Mr de Donnea (LDR)

_to_ the Commission of the European Communities

_(17 September 1990)_

(91/C 94/55)

_Subject:_ Retail trade

The European Social Forum recently highlighted the
importance of the retail trade in the Community.

1. Has the Commission made any assessments of the
impact of the single market on this type of trade?

2. Does the Commission think that its recent
communication on SMEs _is_ an adequate response to
the problems facing the retail trade or is it considering
specific measures?

3. The Commission has asked labour and employers'
organizations (EURO-FIET and CECO) for their
opinion on the social action programme.

(a) when will this opinion be given ?

(b) will it by forwarded to the other institutions when
the time comes to debate the proposals contained
in the social action programme?

(c) why was the Economic and Social Committee not
asked for its opinion instead ?

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

_(4 December 1990)_

The success of the European Social Forum for the Retail
Trade, organized by the Commission in cooperation with
the social partners, represents an important achievement
on the part of the trade federations and employees'
organizations involved. Further consultations and studies
are in hand, and the Commission attaches importance to
this continuing process, which constitutes an important
element in the development of its activities in this sector.

1. The importance of the distributive trades in the
development of the internal market during the 1990s
was highlighted by a Council resolution of 14
November 1989. In response to that resolution, the
Commission is now preparing an action programme
for the distributive trades which will be presented to
the Council shortly. This communication will cover
numerous studies which have been or are being
carried out by either the Commission or independent
experts on the position of the distributive trades in the
wider European market.

2. In accordance with the guidelines established by the
Council, the Commission is proposing not that its
activities in this field should take the form of a new
sectoral policy, but rather that they should guarantee
adequate recognition for the commercial sector in
existing Community policies, including enterprise and
training policies and policies aimed at promoting
innovation.

3. The Commission departments are consulting the
social partners, at both industrial and sectoral level, on
the proposals for Directives to implement the Social
Charter action programme, not on the social action

programme.

According to the timetable for drawing up the Directives,
the proposals will be submitted to the social partners for
their opinion before being presented to the Commission.
Consultation of the Economic and Social Committee will
take place once the proposals have been adopted by the
Commission and before any Council decision is taken.

Such opinions will be delivered during the period
1990—92. They will be transmitted to the Commission so

11. 4. 91 Official Journal of the European Communities No C 94/31

as to enable it to reach a decision in full knowledge of the
views of the different parties. It is not intended that the
opinions of the social partners should be circulated
outside the Commission.

WRITTEN QUESTION No 2095/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(17 September 1990)_

(91/C94/56)

_Subject:_ Research by DGs XI, XII and XVII into
discharges from nuclear plants

What research studies have been commissioned by DGs
XI, XII and XVII of the environmental and atmospheric
effects of the discharge of argon, krypton and other inert
gases from nuclear plants?

Answer given by Mr Pandolfi
on behalf of the Commission

_(7 December 1990)_

Radioactive gases were studied in the Research and
Development specific programmes on Management and
Storage of Radioactive Waste between 1975 and 1985.

Since 1985, no need has been felt for further studies in

this area.

WRITTEN QUESTION No 2096/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 94/57)

_Subject:_ Radioactive discharges from processing plants

Will the Commission conduct and publish a study of the
comparative radioactive discharges into (a) aerial and (b)
aquatic environments from each of the reprocessing
facilities in the European Community using data
compiled since the countries where such plants are located
joined the European Community and will the

Commission compare such annual data with that data
available to the Commission from reprocessing plants
operated over the same time periods outside the
Community?

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

_(7 December 1990)_

It has been the Commission's practice to publish periodic
reports on discharges for nuclear power stations and
reprocessing plants in the Community and their
environmental implications; unfortunately the allocation
of available resources to new priorities has meant that the
last such report, published in 1983, covered the years
1976—1980. This series will be reinstated shortly with a
new report for the period 1977—86 which is almost ready
for publication. Meanwhile, for many installations the
liquid effluent discharges and their effects on marine
contamination are already detailed up to and including
1986 in the report EUR 12483 EN, 'The radiological
exposure of the population of the European Community
from radioactivity in North European marine waters —
Projet Marina'(1990).

Regarding non-Community reprocessing plants, there is
only a very limited number of such plants and in most
cases the necessary data are not readily accessible; thus
periodic reports published by the United Nations
Scientific Committee on the Effects of Atomic Radiation

list reprocessing plant discharges only for Community
installations. Moreover, it is unclear to what extent
non-Community plants could be regarded as directly
comparable.

WRITTEN QUESTION No 2117/90

by Mr Bryan Cassidy (ED)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 94/58)

_Subject:_ Export of tobacco from intervention

Between Official Journal C 37 of 17 February 1990 and
Official Journal C 142 of 12 June 1990, the Commission
has sought tenders for the sale for export of tobacco held
in European Community intervention stocks amounting
to 26 million kilograms.

How much of this tobacco has been sold, to whom and at
what price per kilo?

No C 94/32 Official Journal of the European Communities 11. 4. 91

Answer given by Mr Mac Slurry
on behalf of the Commission

_(7 December 1990)_

The invitations to tender mentioned by the Honourable
Member in fact covered some 25 000 tonnes of tobacco,
7 000 tonnes of which was sold.

The results of invitations to tender are published in the C
series of the Official Journal. Sales were made as follows:

— 1 520 tonnes to Exelka (Greece) (OJ No C 202, 11.8.
1990)

— 1 320 tonnes to Tabak-Sud-Import (Switzerland)

— 577 tonnes to Societa Italiana Tabacchi (Italy)

— 431 tonnes to Reditab (Italy) (OJ No C 98, 18. 4.
1990)

— 3 400 tonnes to Societa Italiana Tabacchi (Italy) (OJ
No C 202,11.8.1990).

It would be a breach of confidentiality for the
Commission to divulge the price per kilo paid by these
firms.

WRITTEN QUESTION No 2139/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 94/59)

_Subject:_ Packaging made from popcorn

Is the Commission aware that in the United States
biodegradable popcorn has successfully been used in
packaging instead of Styropore chips and that this allows
the use of CFCs to be reduced?

What steps does the Commission intend to take to reduce
the use of Styropore, which creates problems as regards
both energy policy and waste policy?

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

_(26 November 1990)_

The Commission knows that biodegradable popcorn is
used for certain applications and that in some countries

arrangements have been made for the replacement of this
material in the food sector.

It must also be borne in mind that packaging must be
suitable for the purpose and that in the case of food
packaging it must conform to the requirements of Council
Directive 89/109/EEC ('). Biodegradable products are
likely to be less stable and therefore could result in the
migration of contaminents into food.

In the field of waste management the main problem is to
judge whether so-called biodegradable products
correspond with the main objectives of Community Waste
Policy, also in the case of products like popcorn of which
the biodegradability should be clear. Reduction of waste
in quantity (volume) means removal of products from the
waste stream so that they may be reused, recycled or have
their energy value recovered.

The following reflections come to mind:

— it is necessary to tend towards closed cycles and
recovery. This means that in the field of product
development, the replacement of such products as
waste is necessary only for those which are
non-recoverable?

— consumer rejection is an eventuality which should at
all costs be avoided. Biodegradability does not solve
an environmental problem, but, on the contrary, risks
contributing to an increase in litter;

— when other products (elements) are added, are they
also degradable under all circumstances, and into
which elements do they degrade;

— because of the pressure exercised by landfilling,
anaerobic conditions are created, rendering organic
materials non-degradable.

In the light of the above considerations, and perhaps a
few others, the so-called biodegradable products, at first
sight, appear not to answer the main objectives of
Community environment policy.

Regarding the Honourable Member's question on what
steps the Commission intends to take to reduce the use of
Styropore, this problem is being examined in the field of
qualitative prevention for the priority waste streams
plastic and packaging.

O OJNoL40,11.2.1989.

11. 4. 91 Official Journal of the European Communities No C 94/33

WRITTEN QUESTION No 2145/90

by Mr Ian White (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 94/60)

_Subject:_ Community Trade Marks Office

Will the Commission please state:

1. When will the proposed Community Trade Marks
Office be in operation?

2. Whether the existence of the proposed Community
Trade Marks Office will prevent the registration of a
Community trade mark by individuals other than
those to whom the trade mark is already registered in
any other Member State?

Answer given by Mr Bangemann
on behalf of the Commission

_(29 October 1990)_

1. The Commission believes that the Community
Trade Marks Office could start operating on 1 January
1993. This would require a rapid solution to the matter of
the Office's headquarters, which is currently under
discussion, and early adoption by the Council of the
Regulation on the Community trade mark, which was laid
before it in November 1980 and amended in July 1984 to
take account of Parliament's opinion (').

2. One of the purposes of introducing a Community
trade mark system is greatly to simplify the administrative
procedures which firms now have to follow if they wish to
protect their trade marks within the Community. Clearly,
therefore, firms wishing to obtain a Community trade
mark will not be required to register their trade mark
beforehand in a Member State.

O OJ No C 351, 31.12. 1980; OJ No C 230, 31.8.1984.

WRITTEN QUESTION No 2156/90

by Mr Barry Desmond (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 94/61)

_Subject:_ Namibia

Does the Commission intend to take steps to grant
Namibia least developed status in the context of the
Fourth Lome Convention?

Answer given by Mr Marin
on behalf of the Commission

_(26 October 1990)_

The Commission is of the view that Namibia requires the
most positive assistance and encouragement the
Community can give and this view has duly been put
forward by the Commission during the present discussion
in the Council on the modalities — including benefiting
from the provisions granted to least developed countries
— for Namibia's accession to the Lome IV Convention.

WRITTEN QUESTION No 2161/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 94/62)

_Subject:_ Food hygiene — Responsibility and cost of
enforcing regulations

Somebody in my constituency purchased, from a local
store of national repute, a sealed bag of frozen beans.
Among the beans was a whole dead mouse.

Whilst no fault can be imputed to the British retailer, nor
to the British and French wholesalers, the Local Authority
considered that proceedings should properly have been
instituted against the French registered food preparation
and packaging organization.

On legal advice, however, it was felt that proceedings in
the English courts might fail on grounds of jurisdiction
and the difficulty in securing the defendants' attendance
in court. At the same time it would have been far too

costly to instruct French lawyers to commence
proceedings in the French courts which would have
required plaintiffs and witnesses to travel to and remain in
France during the court action.

Can the Commission suggest a simplified and inexpensive
procedure to enable local authorities to enforce EC rules
on food hygiene in respect of unfit food produced,
packaged, supplied or sold in one Member State, but
offered for sale and consumption in another Member
State?

Answer given by Mr Bangemann
on behalf of the Commission

_(12 November 1990)_

Council Decision 89/45/EEC (') on the rapid alert system
enables Member States to react adequately in case of a

No C 94/34 Official Journal of the European Communities 11. 4. 91

potential risk to consumers caused by dangerous
products.

Furthermore, in its communication COM(90) 392 final,
the Commission points out its intention to lay down
certain rules in order to create an administrative mutual

aid system between Member States and the Commission
in relation to information obtained during inspections. As
the occasion arises, the Commission will be pleased to
offer its services to promote an effective solution to the
problem.

Finally, the Commission observes that in cases like the
one at issue where culpable negligence or guilt is often
difficult to demonstrate, it may be advisable to give the
producer, importer or vendor scope to compensate the
consumer, thus avoiding the necessity for criminal
proceedings.

O OJ No L 17, 21.1.1989.

WRITTEN QUESTION No 2197/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 94/63)

_Subject:_ Advance payment of ERDF appropriations to
municipal authorities

The Ministry for Regional Planning and Administration,
acting on behalf of the Portuguese Government, has
submitted to the National Association of Municipal
Authorities a draft comprehensive protocol between the
state and the municipal authorities on advance payment of
ERDF appropriations, establishing a more restricted
system than that provided for in Community regulations.
The principal changes are as follows.

— whereas the EC transfers 50% of ERDF

co-participation to Member States as the first advance
payment on the date the project begins, the
Portuguese Government intends to advance a mere
30%;

— whereas the EC automatically transfers 50% of the
second annual tranche as soon as the Member State in

question proves that it has made the equivalent of 60 %
of the investments provided for in respect of the first
year, the Portuguese Government intends to pay
advances in respect of the second year only when the
municipal authority has established that it has
undertaken 100 % of the proposed investments.

The government also intends to make payment of
advances conditional on acceptance by the municipal
authorities of the withholding at source of two-tenths of
the Financial Balance Fund (EEF) (appropriations entered
in the state budget and intended for municipal authorities
which are their main source of revenue) and to confer

disproportionate far-reaching powers on the operational
programmes management bodies.

These arrangements will undermine the ability of
municipal authorities to carry out the substantial
investment programmes they are entrusted with under the
Community support framework and may even prevent the
full use of the Community funds available, thereby
facilitating the misuse of these funds by government
authorities.

Will the Commission state what conditions should be

observed to guarantee that Community rules are
respected?

WRITTEN QUESTION No 2361/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(18 October 1990)_

(91/C94/64)

_Subject:_ ERDF payments to Portuguese municipalities

The Portuguese National Association of Municipalities
(ANMP) recently accused the Portuguese Government of
'seriously undermining' the finances of local authorities
by transferring only 30% of ERDF payments to the
municipalities while receiving 50% from Brussels, thus
creating an ingenious system by which the municipalities
end up financing the government.

Can the Commission state what action is intends to take

on the matter?

Joint answer to Written Questions Nos 2197/90 and

2361/90

given by Mr Millan
on behalf of the Commission

_(9 January 1991)_

The Commission wishes to emphasize the importance it
attaches to the full cooperation of the Portuguese
municipalities, within the framwork of the partnership
created by the reform of the Structural Funds, in the
implementation of the CSF, in particular with regard to
the execution of the regional programmes adopted by the
Commission in July and August 1990. According to the
information that has been made available to the

Commission, the internal financial mechanisms for the
implementation of these programmes have been agreed
between the Government and the association of the

municipalities on a rather different basis from that
outlined in the questions. These mechanisms seem to be
adequate, assuring efficiency in the implementation of the
regional programmes. Furthermore the Commission
through its participation in the monitoring process of the
various programmes will have the opportunity to ensure
that management and financial flow mechanisms will be
operated in a satisfactory manner.

11. 4. 91 Official Journal of the European Communities No C 94/35

WRITTEN QUESTION No 2204/90

by Mrs Ursula Schleicher, Mrs Doris Pack, Mrs Ria
Oomen-Ruijten, Mr Jose Valverde Lopez, Mr Siegbert

Alber, Mr Pronk, Mr Fernando Suarez Gonzalez,
Mrs Mary Banotti, Mr Karl-Heinz Florenz, Mr Winfried
Menrad, Mr Arturo Escuder Croft and Mr Raphael

Chanterie (PPE)

to the Commission of the European Communities

_(4 October 1990)_

(91/C94/65)

_Subject:_ Lengthy procedures for constructing waste
disposal plants

In the Federal Republic of Germany, five to 15 years must
be allowed for obtaining planning permission for waste
disposal plants for special waste. Under the legislation
covering waste disposal, permission for other types of
waste disposal plant takes between two and 10 years.

From the point of view of developing and applying the
latest technology, it is extremely important that disposal
plants which have been planned should be built within a
reasonable time, as it is only by so doing that the latest
technology can help improve the protection of the
environment. In addition, any significant discrepancy
between periods taken for granting planning permission
in the various Member States may lead to major
distortions in disposal capacities.

1. Does the Commission have an overview of the length
of time taken to grant planning permission in the
various Member States?

2. Do the individual Member States have deadlines by
which the authorities must respond to applications?

3. Does the Commission share the questioner's view that
such procedures should be as short as possible, in the
interest of environmental protection?

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

_(26 November 1990)_

1. The Commission is aware of the considerable

variations in the time taken to obtain permission for waste
treatment plants, but it does not have a full oyerview of
the situation in the Member States.

2. According to the information at the Commission's
disposal, there are time limits for procedures or at least
for certain stages of procedures in some Member States.
Given that the lengths of time referred to by the
Honourable Members are due in part to legal proceedings
entered into by the parties concerned, it is nevertheless
clear that the actual time taken depends only to a limited
extent on prescribed time limits.

3. The Commission agrees that excessively long
authorization procedures hinder the development of
adequate disposal capacities in plants applying the best

possible technology. Furthermore, if the variations
between the length of procedures in the various Member
States are too great, there is a risk that plants will be built
in those Member States with shorter procedures, on
account of the advantage to investors. This would
jeopardize the development of an adequate infrastructure
throughout the Community and, consequently,
compliance with the principle of proximity. While, as
stressed by the Council in its resolution of 7 May 1990,
the establishment of an adequate waste disposal
infrastructure must be a short and medium-term priority,
the authorization procedure must be of sufficient length
to enable the parties affected by the project to give their
opinions. The Commission is prepared to examine the
reasons for the differences in the length of procedures
and to seek possible means of eliminating them.

WRITTEN QUESTION No 2205/90

by Mrs Christa Randzio-Plath (S), Mrs Braun-Moser
(PPE), Mr Manfred Vohrer (LDR) and Mr Karl Partsch

(V)

to the Commission of the European Communities

_(4 October 1990)_

(91 /C 94/66)

_Subject:_ Value added tax on package tour operators

1. Why has the Commission initiated proceedings
against the Federal Republic of Germany for breach of
the Treaties under Article 169 for violation of the Sixth

VAT Directive in respect of the taxation of tour
operators, although other Member States have not taken
harmonization measures?

2. Why has the transitional period in the 18th VAT
Directive been extended?

3. Does the Commission not regard this as a form of
discrimination in favour of undertakings in those
Member States which have taken immediate steps to
implement it?

4. How have the Member States implemented the
harmonization requirement set out in Article 28 of the
Sixth VAT Directive? How do these arrangements affect
competition?

5. Does the taxation of profits from cross-frontier
transport services not have competitive disadvantages for
undertakings in the Federal Republic? To what extent
does the Commission regard this as acceptable?

6. Are air transport services for individual and package
travellers subject to the same tax treatment? Where are
instances of discrimination to be found?

7. Are operators who do not operate their own aircraft
put at a competitive disadvantage in terms of tax

No C 94/36 Official Journal of the European Communities 11 4 9 1

compared with operators who run charter flights with
their own planes?Howdoes the Commission intend to
reduce such disadvantages? Does it not perceiveadan^er
thatoperators and travellers will turn to third countries or
to countries which have not implemented the ^i^thVA^f
Directive?

8. should theproceedin^sa^ainsttheEederal Republic
of C^ermanvforbreach of theTreatv not be deferred until

an arrangement has been reached that applies to
evervone?

9. should regulations on taxation of profits from
transport services not be deferred until uniform
regulations for taxation of transport services themselves
have been drawn up?

A^swer^ve^bv^rs^crive^er

o^ behalf ofthe Commission

1. The method employed bv the Eederal Republic of
Cermanv to calculate tour operators^ta^able margins is
contrary to Article ^D of the ^thVATDirective of 1^
^iav!9^^sinceCerman legislation provides that^where
the supplv of services comprises one part that is exempt
from ta^ and another that is subject to ta^onlv that part
of the margin relating to taxable transactions is to be
ta^ed.This is in breach of Article ^D of the ^ t h V A T

Directive^accordin^towhichcalculationof themar^in

for travel within the Communitv should be independent
of thearran^ements^overnin^thevarioustransactions

taken into account for determining the travel a^enCs

costs.

This special method of calculation is not covered bv the
derogations which permit member states to depart fora
transitional period from the scheme laid down in
Articled.

^. The Commission would point out that the proposal
for anl8th Directive of4December 1984^^ provided for
the transitional arrangements for travel a^ents^ services to
be abolished as fromljanuar^ 198^ Parliament and the
Economic and social Committee called for this deadline

to be extended toljanuarv 1988 for certain services.The
Council deferred abolition of the transitional

arrangements in question toalater date.

^and^. The Commission has repeatedlvpointed to the
existence of distortions of competition due toanumber of
derogations that are prejudicial in particular to travel
a^ents^ whose services relating to intraCommunitvtravel
are subject to ta^ on the basis of the definitive scheme laid
downinArticle^D.

4. l^hose member states which dero^ate^ on the basis

ofArticle ^8 of the ^thVATDirective^ from the general
scheme for travel agents have so far retained their
legislation in this field The Commission is analvsin^ the
impact of these derogations on competition withaview to
achieving complete harmonization of national schemes.

D. The Commission is unaware of anvdifferencesin

ta^ treatment according to whether individuals travel on
theirownorin groups.

B^. Dangers of distortion of competition detrimental to
travel agents who do not own aircraft mav indeed e^ist at
the present time, tdowever^thesedan^ersareboundto
disappear since thev are attributable to derogations
authorizing the retentions foratransitional periods of the
exemption for passenger transport services^ and in
particular services involving international fli^hts^
Taxation of passenger transport is included in the
Commission^swork programme.

8. The Commission cannot predict whenthe Council
will adopt uniform Communitv arrangements for services
supplied bv travel agents.

The Commissions task is to ensure that e^istin^

Communitv law is correctlv applied.

9. The Commission does not consider it necessarv to

suspend application of the provisions relating to the
taxation of profits from transport services until definitive
arrangements for ta^in^ those services are adopted^ since
both the e^istin^ and the definitive arrangements do not
and will notaffectthe procedure forta^in^profits.

(') OJNoC347,29.12.1984.

WRITTEN QUESTION No 2207/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(4 October 1990)_

(91/C94/67)

_Subject:_ Application of standards for aircraft noise
emission levels

Belgium has still failed to apply the European directives of
21 December 1979, 21 April 1983 and 4 December 1989
on standards for aircraft noise emission levels.

What action does the Commission intend to take to

ensure that these directives are applied in future?

Are other European countries in a similar position?

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

_(4 December 1990)_

The Commission has initiated proceedings against
Belgium for infringing the Community provisions
concerning the limitation of noise emission from subsonic
aircraft, and has decided to send a reasoned opinion on
this matter.

11. 4. 91 Official Journal of the European Communities No C 94/37

The Commission is forwarding direct to the Honourable
Member and to Parliament's Secretariat the press release
it published on this subject on 6 October 1990 (IP(90)
790).

WRITTEN QUESTION No 2263/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(8 October 1990)_

(91/C 94/68)

_Subject:_ Report by the Task Force on the Environment
and the Internal Market

Has the Commission produced a formal response to the
report of the Task Force on the Environment and the
Internal Market published at the end of 1989?

What action does the Commission intend to take in

response to the Task Force's finding with regard to the
Structural Funds that 'the process enacted by the
Commission to ensure that, as these funds are expended,
the environment will be protected, and the
implementation thereof by the applicant countries, are
both inadequate as a means of ensuring that the
environment is protected, and that the Commission's
statutory obligations in that regard are fulfilled.'

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

_(27 November 1990)_

1. The Commission has not yet delivered a formal
response to the report of the Task Force on the
Environment and Internal Market. However, at the
Council's request and on the basis of certain matters
referred to in the report, the Commission is specifically
working on certain items such as the use of economic and
fiscal instruments.

2. The Commission attaches major importance to
regional development that is in harmony with
environmental policy. This can be seen in the qualitative
changes obtained during the negotiation of the
Community support frameworks for objectives 1, 2 and
5 b and the level of aid set aside for environmental

protection measures.

The Commission has taken a number of steps to ensure
that environmental protection is taken more effectively
into account: a draft directive currently being produced
on the assessment of the effects of policies, plans and
programmes on the environment, a proposal for the
amendment of Council Directive 85/337/EEC _Q)_ on the
assessment of the effects of certain public and private

projects on the environment, and the establishment of a
network of technical experts to provide the information
required to analyse the effects on the environment.

The Commission also wishes to point out that the
initiative for the design and production of development
programmes lies with the Member States and the regions.
In addition, in regions which apply for it the Commission
promotes training and the exchange of experience in
environmental planning, which is therefore a first step in
creating an awareness within the regions of the intrinsic
value of incorporating environmental protection
requirements in such plans and programmes.
Furthermore, the decision to grant assistance under the
Structural Funds and the provisions laid down to monitor
their implementation ensure that Community
environmental policy is fully adhered to. With regard to
the Structural Fund's rules, the Commission would ask
the Honourable Member to refer to the joint answer to
Written Questions No 1962/90 from Mr
Monnier-Besombes and others, and No 2013/90 from Mr
Papayannakis and others ( [2] ).

(') OJ No L 175, 5. 7. 1985.
O OJNoC70, 18.3. 1991, p. 27.

WRITTEN QUESTION No 2266/90

by Mrs Brigitte Ernst de la Graete (V)

to the Commission of the European Communities

_(15 October 1990)_

(91/C94/69)

_Subject:_ ERDF aid for the financing of a golf course to be
constructed in Malmedy (Belgium)

In 1988 the Commission decided to allocate Bfrs 58

million from the ERDF for the construction of a golf
course in Malmedy, in a rural forest region.

This decision was taken at that time on the basis of an

anticipated financial contribution of 50% from the
French-speaking community in Belgium.

Since then, the general profile of these plans has
undergone drastic changes. The French-speaking
community in Belgium has withdrawn its financial
contribution and has been replaced by one individual and
one company from the private sector. An agreement made
between the abovementioned bodies and the municipal
authorities fixes the duration of the concession granted to
them at 27 years and stipulates a payment to the local
authority of a single lump sum of Bfrs 75 300 000
excluding VAT.

In view of this development, does the Commission
consider that these plans still comply with the rules and
criteria for the awarding of ERDF subsidies?

No C 94/38 Official Journal of the European Communities 11. 4. 91

WRITTEN QUESTION No 2991/90

by Mr Desama (S)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 94/70)

_Subject:_ ERDF subsidy to the town of Malmedy to build
a golf course

At the end of December 1988 the Commission granted an
ERDF subsidy of Bfrs 57 220 000 to the town of
Malmedy to build a golf course. This subsidy was the
subject of Question No H 89/89 (*). The Commission
stated in its reply that all the conditions required for
ERDF financing to be authorized had been met.

Work on this golf course has still not begun, and the
project has undergone significant changes in the
meantime. Thus, the French-speaking community
responsible for sports facilities will not be contributing to
the cost, the commune has agreed a 27-year lease with a
private company which will make a single payment in
advance, and the company will be responsible for laying
out the course, which will remain the property of the
commune. Thus, only the actual land will be publicly
owned.

In view of these developments, will the Commission:

— reconsider this case to see if it still conforms to ERDF

rules;

— decide whether the golf course can still be considered
'public', even though it is to be privately run;

— confirm that an extension of the deadline for

completion of construction work has been
authorized?

(') Debates of the European Parliament No 2-378 (May 1989).

Joint answer to Written Questions Nos 2266/90 and

2291/90

given by Mr Millan
on behalf of the Commission

_(13 November 1990)_

The Commission has reconsidered the project to build a
golf course in Malmedy to which the Honourable
Members refer.

The project continues to comply with ERDF rules for the
following reasons:

(a) it is infrastructure for leisure activities intended in
particular to promote tourism;

(b) the town of Malmedy owns the land on which the
golf course will be built. It will build the course and
will continue to own all the buildings and

installations. This means that the investment is public
in nature even though the town of Malmedy has
taken the place of the French-speaking community in
arranging the financing.

The concession contract signed on 17 January 1990 by the
Malmedy municipal authorities with a private company
includes the following provisions:

(a) the town agrees to finance the works and equipment
and to take charge of the works as client ('maitre
d'ouvrage') (Article 4);

(b) the company undertakes to operate and manage all
the facilities and equipment, which remain the
property of the town (Article 5.1);

(c) the company specifically guarantees to ensure the
public nature of the golf course at all times
(Article 5.2);

(d) if the company fails to comply with these obligations,
the town may terminate the contract (Article 12).

In other words, the golf course is the property of the town
of Malmedy but will be managed, in accordance with the
contract referred to above, by a private company.

The contract is to run for a period of 27 years (Article 2)
and entails a single payment of Bfrs 75 300 000 to the
town by the company, which, for its own reasons, has
chosen to make a single advance payment rather than
annual payments over the 27 years.

Authorization to extend the deadline for completion of
the works to 30 June 1993 was given on 20 July 1990.

WRITTEN QUESTION No 2278/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 94/71)

_Subject:_ Steak made of scraps

A new type of meat is becoming popular in the
Community, particularly in the Netherlands and the
United Kingdom. Officially it is called reconstituted steak
and it is made of beef scraps (the so-called waste) held
together with a protein jelly spread on the contact surface.
Can the Commission confirm that these 'glued-together
steaks' are actually on the European market, how
hygienic they are, and under what guise they are offered
to the consumer? Furthermore, if the existence of this
'adulterated food' on the market cannot be put right, can
the Commission ensure that this product is clearly
described on the label and that the food and health

inspectors in the Member States carry out stricter
inspections ?

11.4.91 Official Journal of the European Communities No C 94/39

Answer given by Mr Mac Sharry
on behalf of the Commission

_(19 December 1990)_

The Commission is aware that reconstituted steak is sold

on the European market.

This type of presentation falls into the category of
meat-based preparations, for which rules guaranteeing a
high level of protection for consumers are laid down, for
the purposes of intra-Community trade, by Council
Directive 88/657/EEC of 14 December 1988 _Q)_ laying
down the requirements for the production of, and trade
in, minced meat, meat in pieces of less that 100 grams and
meat preparations and amending Directives 64/433/EEC,
71/118/EECand72/462/EEC.

The Directive stipulates that, without prejudice to
Directive 79/112/EEC ( [2] ), information concerning the
species from which the meat was obtained, the percentage
of fat and the collagen meat protein ratio must be
displayed on the wrapping of meat preparations.

Furthermore, in accordance with Article 5 (3) of Directive
79/112/EEC on the approximation of the laws of the
Member States relating to the labelling, presentation and
advertising of foodstuffs for sale to the ultimate
consumer, the name under which the product is sold must
include or be accompanied by particulars as to the
physical condition of the foodstuff or the specific
treatment which it has undergone, in all cases where
omission of such information could create qonfusion in
the mind of the purchaser.

The Commission has put forward a proposal for the
extension of the health rules contained in this Directive ( [3] )
to the whole of the Community market.

(') OJ No L 382, 31. 12. 1988.
O OJ No L 33, 8. 2.1979.
O COM(89)671.

WRITTEN QUESTION No 2280/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(15 October 1990)_

(91/C94/72)

_Subject:_ Rationalization of Community aid and of the
Community's attitude towards the islands of
Saint-Martin and Saint Barthelmy

The island of Saint-Barthelemy and one part of the island
of Saint-Martin, situated in the mini archipelago of the
Leeward and Windward Islands, together form a district
of France some 73 km [2] in size with a population of around
7 000 (the most recent (1967) census figures available to
the author of the question). Sint Maartin is the other part
of the island of Saint-Martin and, along with Sint
Eustatius and Saba, it constitutes an area with some
twenty to thirty thousand inhabitants under the authority

of a governor nominated by the Dutch Government,, as
well as a Council of Ministers with 22 elected members.

This Council administers, from Willemstad in Curacao,
the affairs of this small territory, which was formerly a
colony, with just one of the abovementioned elected
members representing Sint Maartin, Sint Eustatius and
Saba.

Moreover, if Venezuela is close, Guadeloupe is even
closer, especially if one considers its cultural links (a
multilingual society containing speakers of French,
Dutch, Creole and English) and its actual and potential
common interests. It should also be remembered that

Guadeloupe, which has been wavering for a long time
between gaining increased status as a French departement
on the one hand and becoming autonomous and
independent on the other, saw the law of 2 March 1982
relating to the rights and freedoms of territories and
regions being widened in scope by the law which was
passed on 31 December 1982 by the National Assembly in
Paris. Guadeloupe thus has both a general council and
(since February 1983) a regional council which has more
extensive powers, if not more resources.

Accordingly, and assuming that the details given above
are correct, how is the Commission organizing
contributions from the Community's structural fund (and
possibly from the European Development Fund) for the
present population of some (?) 50 000 in
Saint-Barthelemy and Saint-Martin/Sint Maartin in
well-coordinated operations which are beneficial to all
the inhabitants of Saint-Martin? How were Community
aid and funds allocated to the various regions of
Saint-Martin (and the jointly-administered neighbouring
islets) in 1987, 1988 and 1989, including those for the
Marigot, Gustavia and Philipsburg Airports, as well as for
development of these areas not connected with tourism?

Answer given by Mr Millan
on behalf of the Commission

_(19 December 1990)_

The island of Saint-Barthelemy and the French part of the
island of Saint-Martin form part of the region of
Guadeloupe eligible under Objective 1 of the reform of
the structural Funds, i.e. the development and structural
adjustment of regions whose development is lagging
behind. Structural Fund measures are therefore covered

by the Community support framework for the region
adopted by the Commission on 31 October 1989. This
framework, for example, provides for investment in the
port of Saint-Martin.

During the period 1987 to 1989, the European Regional
Development Fund contributed to the financing of three
projects in the French part of Saint-Martin with total aid
of FF 22 million. The projects involved:

— the building of a system to drain rainwater from urban
areas (ERDF aid of FF 6,6 million),

No C 94/40 Official Journal of the European Communities 11. 4. 91

— the drainage of rainwater from the urban area of
Marigot (ERDF aid of FF 4,4 million),

— the establishment of a system for the collection and
treatment of waste water on the east coast (ERDF aid
of FF 11 million).

EAGGF Guidance Section measures in the overseas

departments were covered by Directive 81/527/EEC
extended to 28 January 1989 by Directive 87/522/EEC.
The programme based on this Directive enabled the
financing of various agricultural structure measures
proposed by the Member State (land improvements,
irrgation, forestry measures) although it is impossible to
give the exact location of these measures as the EAGGF
only reimbursed expenditure made by the Member State.

In the Netherlands Antilles pan of the island (St Maarten)
the following projects were funded from the Sixth EDF in
the years 1987—1989.

— Identification study Milton Peters College St Maarten
(ECU 13 500)

— Corporate Review Windward Islands Airways (based
on St Maarten) (ECU 48 000)

— Hotel and Technical Training Demand Study St
Maarten (ECU 50 000)

— Surveys-design-tender documents for the reclamation
of the Flamingopond within the boundaries of the
airport of St Maarten (purpose: extension of apron,
construction of taxiway) (ECU 103 500).

The Commission ensures the coordinating of the
Community's attitude towards the overseas departments
(including Guadeloupe) and the overseas countries and
territories (including the Netherlands Antilles). This was
one of the reasons for the setting-up, in 1986, of an
interdepartmental group responsible for both the overseas
departments and the overseas countries and territories.

To this end, the Commission proposed the principle,
which was accepted by the Council, that 'the development
of the different constituents of a given geographical area,
each of which has similar constraints and characteristics,
requires the implementation of regional projects common
to the various constituents, irrespective of their status in
relation to Community law, as this makes it possible to
achieve economies of scale and strengthens regional
cooperation among the partners concerned' (').

In its role as manager of the Funds, the Commission, with
its respective partners, has earmarked funds for the
financing of regional projects, both from the structural
Funds under the Community support frameworks for
each of the overseas departments and from the EDF
under the regional programmes for the overseas countries

and territories and the ACP States. Internal coordination

between the departments concerned takes place to the
extent that the beneficiary authorities concerned
formulate joint applications. With specific regard to Saint
Martin and Sint Maarten, several joint ideas have already
been put forward but applications have not yet been
submitted.

(') Extract from the recitals of Decision 89/687/EEC
establishing Poseidom.

WRITTEN QUESTION No 2296/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 94/73)

_Subject:_ Fires, forest protection and replanting

Can the Commission outline the results of the

implementation of Regulation (EEC) No 4256/88 (')
supplemented by Regulation (EEC) No 1610/89 ( [2] ) with
regard to forest protection and the replanting of forests
destroyed by fire in the countries of southern Europe? In
view of the recent spate of such fires, will the Commission
be proposing new and more effective measures ?

(') OJ No L 374, 31.12. 1988, p. 25.
O OJ No L 165,16.6.1989, p. 3.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(21 December 1990)_

Regulation (EEC) No 1610/89 laying down provisions
for implementing Regulation (EEC) No 4256/88 indeed
provides for a Community financial contribution towards
protective measures against forest fires and the
reconstitution of woodland damaged by fire. However,
under the terms of the CSFs for Objectives 1 and 5 (b),
these measures must be incorporated in a regional
operational programme, forming part of schemes for the
development and exploitation of woodland in the rural
areas of the Community.

Most of the operational programmes are now being
negotiated by the Member States and the Commission.
Some have been approved. It is not possible, at the
moment, therefore, to give the Honourable Member the
results of the implementation of the Regulation.

The Commission is aware that fire represents a
fundamental threat to woodlands in southern Europe. In
the last two years serious fires have destroyed several

11. 4.91 Official Journal of the European Communities No C 94/41

hundred thousand hectares. The Standing Forestry
Committee has therefore set up a discussion group on
forest fires which is devoting all its energy to an in-depth
analysis of the causes of fires and fire prevention
measures. The aim is to introduce improved procedures in
the Member States for eliminating the causes of fires and
providing protection against them.

In addition, the Commission meeting on civil protection
of 23 November 1990 adopted a resolution requesting the
Commission to begin consultations and undertake studies
with a view to devising schemes to strengthen
intra-Community cooperation in order to establish a
framework for fire prevention and control through the
improved use of the available resources, to improve forest
fire prevention and detection measures and to facilitate
the improved exchange of information and training in this
field. The Council, lastly, asked the Commission to take
part in the organization of a seminar of experts on the
various aspects of the overall problem of forest fires to be
held in 1991.

WRITTEN QUESTION No 2297/90

by Mr Gtinter Liittge (S)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 94/74)

_Subject:_ Fishing practices in the plaice-fishing area
known as the 'Schollenbox'

Is the Commission aware of the complaints of German
inshore fishermen and the state fishing authorities of
Bremerhaven regarding the use by Dutch fishermen in the
'Schollenbox' of powerful cutters with large-scale fishing
equipment?

1. If so, what does the Commission intend to do about
these fishing practices?

2. What protective and monitoring measures is the
Commission taking to ensure equal fishing
conditions ?

3. What measures does the Commission intend to take to

prevent the destruction by unauthorized and
excessively heavy fishing equipment of the sea bed
and, possibly, of spawn and young fish?

Answer given by Mr Marin
on behalf of the Commission

_(19 December 1990)_

1. The Commission shares the Honourable Member's

concern regarding the possible infringement of

Community rules governing beam trawlers in certain
Community fishing zones.

2. The lists of vessels which may fish in these zones are
submitted by the Member States and checked and
approved by the Commission on the basis of the
information received.

In accordance with Article 3 of Regulation (EEC)
No 55/87 ('), when the lists are drawn up or the event of
any changes being requested, the Commission checks
whether these vessels comply with the technical legal
requirements.

3. However, the Commission must point out that it is
the Member States who are directly responsible for checks
on fishing activities and fishing vessels and dealing with
infringements in their territory and territorial waters. In
every respect, and in particular through Community
checks, the Commission is at pains to remind Member
States of their obligations in this area.

4. It is not known exactly what effect the fishing gear
mentioned by the Honourable Member may have on the
sea bed and/or fish stocks. For this reason the

Commission intends to refer the matter to the Scientific

and Technical Committee on Fisheries.

O OJN0L8,10.1.1987.

WRITTEN QUESTION No 2298/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 94/75)

_Subject:_ Taxation of benefits in the Member States of the
Community

Can the Commission provide information on which
Member States of the Community levy taxes on disability
or war pensions?

Answer given by Mrs Scrivener
on behalf of the Commission

_(6 December 1990)_

According to the information at the Commission's
disposal, it would seem that in most Member States war
pensions are generally exempt from tax, whereas
disability pensions are not.

No C 94/42 Official Journal of the European Communities 11. 4. 91

WRITTEN QUESTION No 2306/90

by Mr Ben Visscr (S)

to the Commission of the European Communities

_(15 October 1990)_

(91/C94/76)

_Subject:_ Satellite communications as a means of
monitoring dangerous substances

My information from the AEGIS group is that the
INMARSAT system of satellite communications for
monitoring ships is also used on land — the 'land mobile
satellite communication system'. Communication is via
screen, telephone and text. The equipment needed can
easily be mounted in a lorry. For example, it is fitted in
DAF trucks in the Soviet Union. AEGIS believes this

system has considerable potential for the permanent
monitoring of dangerous substances. It estimates the unit
cost for ca. 750 000 units at ECU 1 000 to 2 000.

1. Is the Commission familiar with this monitoring
system and, if so, does it think the system is sufficiently
operational for large-scale use?

2. Does the Commission think that this sort of system
could be introduced by the EC for the permanent
monitoring of dangerous substances?

Answer given by Mr Pandolfi
on behalf of the Commission

_(7 December 1990)_

The Commission has followed with close interest the

developing availability within Europe of satellite systems
which will provide location of, and communications with,
land mobiles (trucks, rail wagons, river barges, etc.).
These systems are not limited to the service provided by
INMARSAT, but include the EUTELTRACS service to
be offered operationally from 1 January 1990 by
EUTELSAT (the satellite system operator formed by the
European telecommunications administrations), the
forthcoming LOCSTAR system, the European Space
Agency's PRODAT network, and the 'European Mobile
System' (which will include voice capability) to be
developed by ESA, and operated by EUTELSAT when it
is implemented in 1993.

All of these systems will be operational within the next
two to three years and are capable of providing
monitoring of a large family of mobile units. Amongst
other possibilities for application to policies of the

Community, the Commission is examining the
contribution such satellite-based system could make to a
permanent monitoring of the transport of dangerous
substances.

WRITTEN QUESTION No 2314/90

by Mrs Jessica Larive (LDR)

to the Commission of the European Communities

_(15 September 1990)_

(91/C 94/77)

_Subject:_ Disbursal of EC grants overseas

In a number of instances (e.g. Lesotho) overseas grants
awarded by the Commission are disbursed by the
competent authorities of the recipient country. This
practice could give rise to irregularities in the channelling
of grands to the students in question.

1. Does the Commission agree that to avoid any hint of
fraudulent practices it would be better to pay the
grants direct to the students?

2. If so, is the Commission prepared to make this
suggestion become EC policy?

Answer given by Mr Marin
on behalf of the Commission

_(17 December 1990)_

In line with the procedures laid down in the agreement
between the ACP countries and the Commission, overseas
study grants are awarded to citizens of countries
benefiting from EDF assistance in the context of the
training schemes forming part of the national indicative

programme.

Pre-selection of candidates is indeed the responsibility of
the relevant authorities in the recipient country. In some
ACP countries, candidates are interviewed by selection
panels made up of representatives of the national
authorities and the Commission delegation. The
Commission reserves the right to take the final decision
on the applications, applying criteria such as the
candidates' age, qualifications and work experience, and
the extent to which the training required dovetails with
the programme.

Since Lome III, training courses have been financed as
part of the projects or programmes and the candidates
selected according to the likely benefits for the project.

M ^ t COfficiai]oumai of the European Communities c ^ o C ^ B ^

The Commission considers that paying the grants direct
to ACP students without seeking the opinion of the
relevant authorities would run counter to Lome

procedures.

^ h e r e training in Europe is concerned, the monthly grant
is paid through administrative bodies such as ^uffic
Netherlands^, the British Council and the CIE^
^Erance^. If the training takes place in an ACP country
other than thecountry of origin, orin thecountryof
origin, the money is paid through the Commission
delegation.

w^^TE^E^^E^TTCo^^o^^t^B^

hy^^Pol^arck^^^^eimerHoge^^r^onorEunk^
^v^^edwi^^eppemo^W^iecherL^v^AstridLu^lm^

^r^a^es^licholson^^rLeopoldoC^rt^Chmenta^d

^r^an^om^eveld^PPE^

to the Commission ofthe European Communities

^ t B C ^ B ^

^^c^BConclusionsfor veterinary policy t o b e d r a w n
from the swine feverepidemicin Belgium

The battle against the swine fever epidemic in Belgium has
shown that EC strategy in this field is highly questionable
asregardscountermeasuresand their funding, andthe
defensibilityofauniversal ban on vaccination.

^hatconclusionshastheCommissiondrawnfromthe

Belgian experienced Loo notthese suggest that present
policy and strategy should be reconsidered^

Answergivenby^LT^ac^harry
on behalf of the Commission

Twostrategiesare availablefor the controlof classical
swine fever.COne is based on vaccination of pigs and one
on controls withoutthe use of vaccine.

^ o s t member states have in the past used vaccines in the
control of classical swine fever as the vaccination strategy
was justified by endemic situations in member states in
the I^Os and t^Os. Eor example, more than D000
outbreaks were recorded in 1^1 and^OOO in I^^.L^se

of vaccination may prevent acute illness and control the
disease but classical swine fever cannot be eradicated in

this way.

The non-vaccination strategy is based on eradication of
disease, elimination of infection and tracing of contacts.
An important tool in controls is serological examination

of pigs. This tool cannot be used when vaccination is
carried out.

Phe Community has for several years promoted the
nonvaccinationpolicy astheestablishmentof asingle
market requires trade in live pigs and fresh pig meat
without spread of disease. Furthermore, a number of
third countries permit importation of live pigs and fresh
pigmeat from non-vaccinating countries only.

In general, the disease situation has improved within the
Community in recent years with atotal of ^ and ^
outbreaks recorded in r ^ and 1 ^, respectively.
Vaccination has been stopped in all member states.

Experience of therecent epidemic in Belgiumconfirms
that the non-vaccination strategy calls for strict
implementationof control measures by member states.
This is especially sowhere disease occurs in areas with
high densities of pigs and husbandry systems and trade
patterns not conducive to preventing disease spread.

The experience of the nonvaccination policy in Belgium
and other member states is being evaluated by the
Commission. Furthermore, the Commission is looking at
the situation in all national veterinary administrations
with the aim of assisting member states in equipping
themselves to undertake the growing number of
important tasks connected with the single market and in
meeting other new requirements, diagnostic procedures
are reviewed annually and training courses are conducted
regularly at the Community Liaison Laboratory for
Classical ^wineFevertoensurethatall nationalswine

fever laboratories are informed about the most up-to-date
diagnostic techniques.

The Commission will continue to support the
non-vaccination strategy as essential to its internal market
objectives and to trade with third countries.

w ^ T T ^ ^ ^ E ^ T ^ ^ ^ o ^ ^ B ^ O

b y ^ V v e s V e ^ a e r d e ^ L E ^

to theCommissio^ofthe European Communities

^ C ^ c ^ r ^ ^

^ I B C ^ B ^

^ ^ c r B Common agricultural policy

Articlet^of regulation t ^ E E C ^ o ^ ^ B ^ ^ p r o v i d e s
for aid to be granted to farmers whose production
practices are favourable to the environment. In the light
of the new concern about the environment, does the
Commission intend to consolidate the efforts being made
in this area by tightening the link between measures in the
agricultural and environmental spheres^

C ^ e ^ D L ^ O ^ m ^ n t

No C 94/44 Official Journal of the European Communities 11. 4. 91

Answer given by Mr Mac Sharry
on behalf of the Commission

_(29 November 1990)_

The Commission is aware of the increasingly serious
nature of environment problems and of the overriding
need to protect the environment against potential damage
caused by intensive arable and livestock production. In
this context, the Commission has presented to the
Council a number of proposals with a view to improving
the cohesion of measures in the agricultural and
environment spheres, notably:

— proposal for a Regulation on the introduction and the
maintenance of agricultural production methods
compatible with the requirements of the protection of
the environment and the maintenance of the

countryside;

— proposal for a Directive concerning the protection of
fresh, coastal and marine waters against pollution
caused by nitrates from diffuse sources;

— proposal for a Regulation on organic production of
agricultural products and indications referring thereto
on agricultural products and foodstuffs;

— amended proposal for a Directive concerning the
placing of EEC-accepted plant protection products on
the market.

The two proposals for Directives could have significant
consequences for a large number of agricultural holdings.

The two proposals for Regulations provide new
opportunities for farmers to demonstrate voluntarily a
commitment to farming activities which accord more
closely with environmental requirements.

These proposals are currently under consideration within
the Council.

WRITTEN QUESTION No 2335/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 94/80)

_Subject:_ Checks on individuals at internal borders

Does the Commission agree that the continued practice of
checking individuals at internal borders within the
Community during the holiday period has resulted in
unjustifiable delays and queues at border crossing points?
Can it give details of the situation (length of tailbacks,
which crossing points were worst affected, and whether
extra staff were deployed)? How many complaints from
citizens have the competent authorities (at Member State
and Community level) received since May 1990?

Answer given by Mr Bangemann
on behalf of the Commission

_(13 November 1990)_

The Commission is not aware of any unjustifiable delays
or queues at internal frontiers this summer. Nor is it in
possession of the detailed information requested by the
Honourable Member.

WRITTEN QUESTION No 2348/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 94/81)

_Subject:_ Structural policy in the fisheries sector

The Commission has recently expressed its desire to
strengthen EEC structural policy in the fisheries^ector.

Will the Commission propose a new structural fund
objective to give special assistance to areas which are
particularly dependent upon fisheries (such as, for
example, the 'Hague Preference' fisheries areas in the
North and other, similarly fisheries-dependent areas in
Spain, Portugal and the Mediterranean) ?

Answer given by Mr Marin
on behalf of the Commission

_(18 December 1990)_

The Commission recognizes the needs of areas within the
Community where the local economy is particularly
dependent on fisheries. These needs are reflected in
measures already adopted and will continue to be borne in
mind in any future measures.

Community measures have been adopted to improve and
adapt structures in the fisheries and aquaculture sector in
Regulation (EEC) No 4028/86 (') and to improve the
conditions under which fishery and aquaculture products
are processed and marketed in Regulation (EEC)
No 4042/89 ( [2] ).

In preparing the integration of fisheries structural policy
into the reform of the Funds, the Commission will
continue to keep in mind the needs of the areas which are
particularly dependent on fisheries.

O OJNoL376,31. 12.1986.
O OJNoL388,30.12.1989.

11. 4. 91 Official Journal of the European Communities No C 94/45

WRITTEN QUESTION No 2363/90 WRITTEN QUESTION No 2380/90

by Mr Gerard Monnier-Besombes (V) by Mr Paul Howell (ED)

to the Commission of the European Communities to the Commission of the European Communities

_(18 October 1990)_ _(25 October 1990)_

(91/C 94/82) (91/C 94/83)

_Subject:_ Threat to Vendres Lake from a project receiving
IMP subsidies

The realization of the NYSA project in the Aude lowlands
will seriously disrupt this wetland area of international
interest (the construction of dykes, dredging of the Aude
river bed, construction of a dam to keep out salt water,
and of a tourist complex etc.).

How does the Commission consider this project can
comply with the preconditions for allocation of IMP
subsidies, which include the protection of nature and
support for a development promoting long-term activity?

If this project fails to comply with the above criteria and
also infringes other Community legislation, for example
Directive 79/409/EEC ('), given that this area is
inhabited by 45 species registered in the red book of
threatened species in France, what measures does the
Commission intend to take to guarantee the conservation
of this area?

(') OJNoL 103,25.4. 1979, p. 1.

Answer given by Mr Mittan
on behalf of the Commission

_(21 November 1990)_

The NYSA project in the Aude lowlands forms part of the
tourism sub-programme in the Languedoc-Roussillon
IMP. The project is located in the 'Triangle d'Oc', one of
the 19 areas where assistance for tourism is concentrated.

The objectives of the tourism sub-programme include the
attraction of tourists passing through the LanguedocRoussillon region, encouraging exchanges, exploitation
of the complementary features of seaside and mountain
sites and developing local tourism for visitors from the
main urban centres in the region and from nearby regions.

As regards compliance with Community legislation on
safeguarding the environment, and in particular Directive
79/409/EEC, a clause in the programme specifies that
measures taken for implementation of the IMP must
respect the Community's environment legislation. If this
provision is not observed, the Commission will not fail to
take appropriate steps.

_Subject:_ Implementation of Article 130r of the Treaty

Can the Commission state how Article 130r of the Treaty
is applied to the Guarantee Section of the EAGGF?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(9 January 1990)_

Article 130r (2) of the EEC Treaty stipulates that
'Environmental protection requirements shall be a
component of the Community's other policies', and
therefore also of the CAP. The aims of Article 130r

supplement the aims of the CAP as set out in Article 39.

The Commission has repeatedly stressed the need to
integrate environmental concerns into the CAP, which is
closely tied up with the environment and natural

resources.

Community policy on markets and prices, for instance, is
designed to gear agricultural production to market
requirements and hence aims to reduce the intensity of
farming, in the process making an important contribution
towards adjusting agriculture to the needs of
environmental protection and so also towards
implementing Article 130r in the markets and prices field.

None the less, the Commission considers that the
machinery for managing markets and prices — financed
from the Guarantee Section of the EAGGF — should be

augmented by positive action to integrate the aims of
Article 130r into the CAP.

This is why the Commission has proposed a scheme for
the introduction and maintenance of agricultural
production methods compatible with the requirements of
the protection of the environment and the maintenance of
the countryside ('). This scheme is to apply throughout
the Community to all types of arable farming.

The proposed Regulation is intended to unify in one
scheme all the diverse measures already in existence
(set-aside, extensification, modification of production
methods in environmentally sensitive areas), as a major
step towards implementing Article 130r.

(') COM(90) 366 final - OJ No C 267, 23.10. 1990.

No C 94/46 Official Journal of the European Communities 11. 4. 91

WRITTEN QUESTION No 2397/90

by Mr Reimer Boge (PPE)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 94/84)

_Subject:_ Nitrate directive

In December 1988 the Commission submitted a draft

nitrate directive. Under this directive liquid manure
production is limited to two livestock units per hectare or
170 kg of nitrogen equivalent per hectare in endangered
areas still to be defined.

Does the Commission agree that the distinction between
endangered water protection areas and non-endangered
areas runs counter to the objective of achieving
comprehensive soil and water protection?

Can the Commission support demands for a maximum of
two livestock units per hectare to apply in general in the
Community?

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

_(17 December 1990)_

In putting forward its nitrate proposal, the Commission
intended to provide an effective policy of water protection
for the whole of the Community. In Article 4 (6) of the
proposal, Member States are asked to set up a Code of
Good Agricultural Practice which will apply everywhere.
This requirement will provide a general level of protection
against pollution caused by nitrates. However, the
Commission recognized that in certain areas due to
geological conditions or particularly intensive farming
activities, severe problems with nitrate pollution were
occurring or were likely to occur. In these areas special
measures are needed over and above those provided by a
Code of Good Agricultural Practices. Such measures
include limitations on the spreading of animal manure.

The Commission continues to hold the view that extra

measures should be taken in these vulnerable zones.

WRITTEN QUESTION No 2414/90

by Mr Peter Crampton (S)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 94/85)

_Subject:_ Compensation for Italian fishermen during
recurring algal blooms

Could the Commission state what public aid, either
national or at EC level, has been paid to Italian fishermen
as compensation during the recurrent algal blooms?

Answer given by Mr Marin
on behalf of the Commission

_(13 December 1990)_

I. National aid

On 14 September 1989, the Regional Parliament of the
Region of Emilia-Romagna adopted law No 237/89
which authorizes the payment of regional aid to local
fishermen adversely affected by recurrent algal blooms in
the Adriatic Sea.

This law was notified to the Commission and a

Commission decision not to oppose its implementation
was taken on 30 March 1990. Notice of this decision

together with a description of the aid scheme was
published in the Bulletin of the European Communities
(No 3-1990).

A second Italian measure was adopted by the national
Parliament (Law No 424 fo 30 December 1989). This
measure which provides compensation for losses caused
by algal blooms is currently under examination by the
Commission's services.

II. Community aid

The Community may decide in certain circumstances to
intervene financially in a concerted action to make it
possible to alleviate difficulties affecting a specific aspect
of fishing activities particularly in relation to the structure
of the fish industry, within the framework of Regulation
(EEC) No 4028/86 (').

(') OJNoL376,31. 12.1986.

WRITTEN QUESTION No 2428/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(7November 1990)_

(91/C 94/86)

_Subject:_ Delivery of drugs containing tryptophane

Acting on the basis of the law of 25 March 1964 on drugs,
the Belgian Secretary of State for Public Health has just
_decided_ that certain drugs for internal human use should
be available only on medical prescription. Will the
Commission state its views on this matter and describe the

situation in other Member States?

Answer given by Mr Bangemann
on behalf of the Commission

_(23 November 1990)_

Many cases of serious eosinophilia/myalgia syndrome
were recorded during the second half of 1989, first in the

11. 4.91 Official Journal of the European Communities No C 94/47

United States and then in several European countries.
This easily identified syndrome has been attributed to the
oral use of medicinal products and food supplements
containing tryptophan. The 'pharmacoviligance' working
party of the Committee for Proprietary Medicinal
Products has been keeping a close eye on developments
since December 1989.

The survey carried out by the working party shows that all
the products listed as 'food supplements' have been
withdrawn from sale in all Community countries. A
number of medicinal products for oral use are still
available in several countries, on prescription, and under
certain conditions (specific use in certain therapeutic
diets, doctor's justification etc.). No country has taken
any action in respect of injectable medicinal products,
which have not been implicated as yet.

Granting authorization to place medicinal products on
the market is still the responsibility of the Member States
but as a result of the work done by the Committee it has
been possible to approximate the measures taken in the
various countries so that the regulations are virtually
identical throughout the Community.

WRITTEN QUESTION No 2441/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 94/87)

_Subject:_ Action on surpluses

In the face of the re-emergence of structural surpluses in
certain agricultural products, such as beef and milk, what
new initiatives is it considering to reverse this trend?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(10 January 1991)_

The Commission is well aware of the re-emergence of
surpluses in the beef and milk sectors. Part of these
surpluses must however be attributed to special
circumstances, for example, BSE and the Gulf crisis,
which temporarily decreased export possibilities and
consumption in some parts of the Community.

As part of these surpluses may have a structural character,
the Commission will consider in the near future initiatives

to deal with them.

WRITTEN QUESTION No 2474/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 94/88)

_Subject:_ Cornish fishing industry

Is the Commission aware that, as a result of its fishing
quotas, Cornish fishermen and women are obliged to
throw dead fish into the sea?

What measures does the Commission intend to take in

order to prevent and eliminate this problem?

Answer given by Mr Marin
on behalf of the Commission

_(13 December 1990)_

Article 5 of Regulation (EEC) No 4047/89 (') stipulates
that any catch for which the quota has been exhausted
must be thrown back into the sea.

Despite the undoubted skill of fishermen in their regular
fisheries which enables them to fish selectively for certain
species, it would not be possible to regard all catches of a
species for which the quota has been exhausted and for
which fishing is therefore implicitly prohibited, as a
deliberate attempt to exceed the quota in question. There
is no feasible way of knowing what is in the nets until they
are hauled to the surface.

Nevertheless, Member States' fishermen have a duty to
avoid as far as possible, using their professional
experience, fishing in waters where there is a risk that
catches of species for which quotas have been exhausted,
will be too large; this is to prevent the waste of resources
which would result from the obligation to throw fish
back.

The Commission is currently studying ways of
minimizing the throwing back of catches and will soon be
presenting proposals for this purpose.

(') OJNoL389,30.12.1989.

WRITTEN QUESTION No 2641/90

by Mr David Martin (S)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 94/89)

_Subject:_ Mobility of labour and _access_ to housing

Pursuant to my Question H-647/90 ('), when will the
Commission undertake a comparative study on the
provision of accommodation for incoming workers?

O Debates of the European Parliament No 3-392 (July 1990).

No C 94/48 Official Journal of the European Communities 11. 4. 91

Answer given by Mrs Papandreou
on behalf of the Commission

_(10 January 1991)_

As it intimated in its answer to Oral Question H-647/90
in July 1990, the Commission takes the view that access to
housing for workers who have to move needs to be taken
into account for purposes of completing the single
market.

The work currently being carried out by the Commission
as pan of its programme to combat poverty and social
exclusion are such as to reply comprehensively to the
concern expressed by the Honourable Member.

Measures in this area, apart from what is being done on
the initiative of certain networks, include three studies
initiated by the Commission itself, the final reports on
which are expected before the end of 1990:

1. a study by Professor Tsiomis of Paris on trends in
housing policies in Europe;

2. a study by Professor Steward of Bristol on the impact
of worker mobility and the relocation of firms on
housing policies; and

3. a study of Professor Wullkoff of Darmstadt analysing
the consequences in the Community countries for
housing and social policies of the arrival of groups of
people from non-Community countries, in particular
from Central and Eastern Europe.

WRITTEN QUESTION No 2680/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 94/90)

_Subject:_ Frontier crossing points and European signs

1. How far has the Commission progressed with its
general survey of crossing points at the Community's
internal frontiers and in what places has it detected a lack
of European signs?

2. Is it true that at the St Avoid crossing point, facing
towards Saarlouis, the only signs in place are still those
marked 'Zoll/Douane' (customs) and there are no
European signs (12 stars and name of the relevant
Member State on a blue background)?

3. How does the Commission explain this state of
affairs?

4. When did it last write to the Member States to draw

attention to the situation and what replies did it receive?

Answer given by Mrs Scrivener
on behalf of the Commission

_(30 January 1991)_

At the request of the Commission, 11 Member States
including France (the country responsible for the area
referred to by the Honourable Member) have confirmed
that the instructions concerning the new signs have been
sent to the national authorities responsible.

The Commission has recently repeated its request for
information from the Member State which did not reply:
it has also approached the national authorities responsible
for the specific cases referred to by the Honourable
Member.

WRITTEN QUESTION No 2701/90

by Mr Edward Newman (S)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 94/91)

_Subject:_ EEC aid to Kurdish refugees in Turkey

Will the Commission supply a full breakdown of
European Community aid given to Kurdish refugees in
Turkey?

Is the Commission satisfied that all this aid actually
reaches Kurdish refugees in Turkey, and what measures
have they taken to ensure this happens?

Answer given by Mr Matutes
on behalf of the Commission

_(31_ _January 1991)_

Following the flight of thousand of Kurdish refugees
from Iraq into Turkey in the summer of 1988, the
Commission gave ECU 500 000 in emergency aid. This
money was used to pay for the purchase by the Turkish
Red Crescent Society of tent-making material. The
expenditure was carefully controlled by the Commission's
Representation in Ankara.

A plan proposed by UNHCR, in liaison with the Turkish
Government, to transfer 12 500 refugees from the poor
conditions that existed at a tent camp in Mardin, to
purpose-built housing and communal facilities on a new
site several hundreds of miles away, was discussed at
length with Western aid donors. The Commission had
been ready to offer ECU 1 000 000 to implement these

11. 4. 91 Official Journal of the European Communities No C 94/49

proposals. Unfortunately, although the necessary pledges
were eventually secured from Western donors, this
proposal had to be abandoned in April 1990 because of a
change in the views of the Turkish Government.

WRITTEN QUESTION No 2702/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 94/92)

_Subject:_ Industrial deafness

One of my constituents, a retired engineer, has become
increasingly deaf and medical evidence attest to the fact
that the disability was caused by exposure to excessive
noise during military service (aero-engines on test) and
his subsequent civilian career.

Whilst it is not disputed that his disability is co-called
industrial or occupational deafness, the Department of
Health and Social Security in the United Kingdom refuses
to pay my constituent any benefit on the grounds that he
had not worked in certain designated industries. The list
is not exhaustive but is exclusive.

Does the Commission envisage any harmonization of
industrial injury benefits within the framework of the
Social Charter and, if not, how does British practice in
this regard compare with that in other Member States?

Answer given by Mrs Papandreou
on behalf of the Commission

_(21 January 1991)_

As regards social protection benefits for workers, the
Community Charter of Social Fundamental Rights states
that:

'According to the arrangements applying in each
country:

10. Every worker of the European Community
shall have a right to adequate social protection and shall, whatever his status and whatever the size of the
undertaking in which he is employed, enjoy an
adequate level of social security benefits.'

A comparison of the United Kingdom with other
Member States is given in the 'Comparative tables of
social security schemes in the Member States of the
European Communities'. A copy of the latest

edition ( [l] ) is being sent direct to the Honourable
Member and to Parliament's Secretariat. A new edition

is expected shortly, a copy of which will also be sent.

The Commission has clearly stated in its Action
Programme implementing its Charter of Social
Fundamental Rights that it would not make proposals
for harmonization of social security provisions which
were linked to different cultures and histories but that,
with a view to promoting mobility of workers, and in
the framework of social cohesion, it would propose a
strategy of convergence of social security policies and
objectives by means of a recommendation.

(') 15th edition, situation at 1 July 1988.

WRITTEN QUESTION No 2841/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(17 December 1990)_

(91/C 94/93)

_Subject:_ Protection of calves and pigs kept in intensive
farming systems

In July 1989, the Commission sought the views of the
Economic and Social Committee on its proposal for a
Council Regulation (EEC) for the protection of calves
and pigs which were frequently found to be reared in
inhumane conditions.

ECOSOC's opinions on the two draft regulations were
published in Official Journal No C 62 of 12 March 1990.
Very many people are concerned to prevent unnecessary
suffering to animals. When may we expect the
Commission to expedite the passage of these measures
through Parliament and to the Council of Ministers?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(25 January 1991)_

The two proposals for Council Regulations referred to by
the Honourable Member were presented to the Council
on 19 June 1989. The opinion of the Parliament on the
proposals was delivered on 5 April 1990, and published in
Official Journal No C 113 of 7 May 1990.

The proposals are presently before the Council, and the
Commission is unable to say when they will make further

progress.

No C 94/5C Official Journal of the European Communities 11. 4. 91

WRITTEN QUESTION No 2871/90

by Mr Lyndon Harrison (S)

to the Commission of the European Communities

_(3_ _January 1991)_

(91/C 94/94)

_Subject:_ Interlingua

Does the Commission participate in any way in the
promotion of the international language Interlingua?

Answer given by Mr Delors
on behalf of the Commission

_(24 January 1991)_

The Commission does not participate in the promotion of
Interlingua.

The Honourable Member is referred to the Commission's

answer to his Written Question No 2081 /90 (*).

O OJ No C 85,28. 3. 1991, p. 27.

WRITTEN QUESTION No 2891/90

by Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(3_ _January 1991)_

(91/C 94/95)

_Subject:_ Natural justice for the rights of the individual

Is the Commissioner aware that where police charge a
citizen on the information of an informer, and where that
citizen if found not guilty, the police can withhold the
name of the informer?

Does the Commission agree that such a practice could be
used by informants to victimize anyone they had a grudge
against, and that this method of policing is against the
personal freedoms and natural justice of the rights of
European citizens ?

Will the Commission consider bringing forward
legislation to halt such practices within the European
Community seeing that, in the interest of natural justice,
the identity of an informer should be disclosed when the
courts decide a person's innocence?

Answer given by Mr Delors
on behalf of the Commission

_(30 January 1991)_

The matter raised by the Honourable Member's question
does not fall within the Community's jurisdiction.

The Council would point out that in the preamble to the
Single Act the Member States have given each other an
undertaking to join together in promoting democracy,
taking their cues from the fundamental rights recognized
in their Constitutions and laws and in the Convention for

the Protection of Human Rights and Fundamental
Freedoms.

WRITTEN QUESTION No 2927/90

by Mr Henry Chabert (RDE)

to the Commission of the European Communities

_(11 January 1991)_

(91/C94/96)

_Subject:_ Community measures to promote employment in
the Rhone-Alpes region

Can the Commission provide a detailed, updated
breakdown by sector of the number of jobs created
and/or saved directly or indirectly in 1989 and 1990 in
each department of the Rhone-Alpes region as a result of
contributions by the various Community funds (ESF,
ERDF, EAGGF etc.), the EIB and the ECSC?

Can it also provide a detailed, updated list containing
statistics for the various measures carried out in this

region in 1989 and 1990?

Answer given by Mr Christophersen
on behalf of the Commission

_(26 February 1991)_

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

WRITTEN QUESTION No 3010/90

by Mr Christopher Jackson (ED)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 94/97)

_Subject:_ Use of set-aside in the former German
Democratic Republic

It has been reported in the United Kingdom press that a
British registered company has signed a 99-year lease on
9 800 acres of land near Magdeburg and that it is applying

M ^ 1 COfficial]onmal of the European Communities ^ o C ^ B ^ l

[to put some^^OO acres of this land into setaside.lt is](http://setaside.lt)
further reported that the annual rent on the land is £7 per
acre and thatthesetasidepaymentis£l03peracre.

L Is the Commission a^are of any such registration or
application to registerforsetaside^

^. In the Commission^svie^ could the situation arise in

^hich companies could rent land in the former CDR.
extremely cheaply for no otherpurpose than financial
gain through EC setasidefunds^

3. Does the Commission agree that such financial
manipulations giving no benefit whatsoever to
farming^^ouldbeunacceptable^ andif sohas the
Commission plans for action to c o u n t e r s

A^s^ergive^by^^lac^ha^y
o^beh^lfoftheCommissio^

The Commission is inquiring into the facts referred to hy
the rlonourable member ^ith the member ^tate

concerned. It ^vill inform him of its findings as soon as
possible.

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- "•*••*

  - • *

GUBE DES PROFESSIONS

OFFICE DES PUBLICATIONS OFFICIELLES
DES COMMUNAUTES EUROPtENNES

Luxembourg

DANS LWTOUE

WGRWWMAH04E
##### D

GUIDE DES PROFESSIONS DANS LOPTIQUE DU GRAND MARCHE
par Jean-Claude Seche. Preface de Jacques Deiors

Cette publication presente, dans un langage accessible a des non
juristes, la photographie de la situation actuelle et permet, en outre, de
se familiariser avec les caracteristiques essentielles de la libre circulation
```
des personnes.

255 pages — 21 x 29,7 cm
```

ISBN 92-825-8068-7 — Numero de catalogue: CB-PP-88-004-FR-C
Prix au Luxembourg, TVA exclue: 18,50 ecus
ES, DA, DE, GR, EN, FR, IT, NL, PT

LwecncuutnoM

MNSLA COMMUNAUTt

## •

LIBRE CIRCULATION DES PERSONNES DANS LA
COMMUNAUTE — Entree et sejour
par Jean-Claude Seche

Ce document constitue le complement du _Guide des professions dans_
_t'optique du grand_ _marche"._ Le but de cette publication est de rassembler les dispositions communautaires qui regissent le droit a I'entree et
au sejour.

69 pages — 21 x 29,7 cm
ISBN 92-825-8661-8 — Numero de catalogue: CB-PP-88-B04-FR-C
Prix au Luxembourg, TVA exclue: 7,50 ecus
ES, DA, DE, GR, EN, FR, IT, NL, PT

r i L'EUROPE EN CHIFFRES (deuxieme edition)
Office statistique des Communautes europeennes

Cette brochure est nee de la necessite d'informations objectives sur
I'Europe a la veille de la realisation de I'Acte unique europeen. Elle
irtteresse surtout les jeunes pour qui I'Europe sera leur cadre de vie.

66 pages — 21 x 27 cm
ISBN 92-825-9458-0 — Numero de catalogue: CA-54-88-158-FR-C
Prix au Luxembourg, TVA exclue: 5,20 ecus
ES, DA, DE, GR, EN, FR, IT, NL, PT

BON DE COMMANDE A ENVOYER A:
Office des publications officlelles des Communautes europeennes

2, rue Mercier, L-2985 Luxembourg

Veuillez m'envoyer les ouvrages coches DO ci-dessus.

Norn:

Adresse:

Tel.:

Date:

Signature: