Source: EURLEX
Language: en
Format: md

###### /•/••• *t - W - " fl ISSN 0378-6986
# Official Journal c 56

# Volume 39
##### of the European Communities 2« February 1995

###### English edition Information and Notices

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

96 / C 56 / 01 E-1762 / 94 by Winifred Ewing to the Commission
Subject : Imports from Poland of diseased ewes ( Supplementary answer ) 1

96 / C 56 / 02 E-l 64 / 95 by Jean-Pierre Raffarin to the Council
Subject : Use of the new technologies in television teaching and distance learning 1

96 / C 56 / 03 E-l 93 / 95 by Jean-Pierre Raffarin to the Council
Subject : Accession of the countries of eastern Europe 1

96 / C 56 / 04 E-1235 / 95 by Jose Valverde Lopez to the Council
Subject : Environmental education 2

96 / C 56 / 05 E-2016 / 95 by Doeke Eisma to the Council

Subject : Environmental education 2

Joint answer to Written Questions E-1235 / 95 and E-2016 / 95 2

96 / C 56 / 06 E-1291 / 95 by Christine Oddy to the Council
Subject : Income gap in the United Kingdom 2

96 / C 56 / 07 E-131 1 / 95 by Honório Novo to the Commission
Subject : Community funds for vocational training in the fisheries sector ( Supplementary
answer ) 3

96 / C 56 / 08 E-1410 / 95 by Mark Watts to the Council
Subject : Human rights in Guatemala 3

96 / C 56 / 09 E-1455 / 95 by Carl Lang to the Council
Subject : Intra-Community maritime traffic 4

EN

I Price : ECU 19,50 ( Continued overleaf )

Notice No

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Contents ( continued ) Page

E-l 596 / 95 by Carlo Casini, Pierluigi Castagnetti, Gerardo Bianco, Giovanni Burtone,
Maria Colombo Svevo, Giampaolo D'Andrea, Michl Ebner, Livio Filippi, Antonio
Graziani, Danilo Poggiolini, Carlo Secchi and Mariotto Segni to the Council
Subject : Restoration to their rightful owners of places of worship belonging to the Greek-Catholic
Church of Romania

E-l 668 / 95 by Pat Gallagher to the Council
Subject : Brussels Convention 1968 as amended and extended — Jurisdiction and enforcement of
Judgments in Civil and Commercial Matters

P - 171 6 / 95 by Andre Laignel to the Council
Subject : Agriculture — Council proposals to settle agri-monetary problems

E-l 872 / 95 by Sergio Ribeiro to the Commission
Subject : Law on hunting in Portugal, environmental protections and small farms

E-l 953 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Environmental guidelines of European manufacturing and trading firms

E-l 975 / 95 by Riccardo Nencini to the Council
Subject : High-speed rail project

E-21 12 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Combating fraud within the Union ( Supplementary answer )

E-21 55 / 95 by Jan Mulder to the Commission
Subject : Specific requirements concerning Aujeszky 's disease in relation to the introduction
of farrows on to pig fattening units in the German Länder of Lower Saxony and North-Rhine
Westphalia

E-21 62 / 95 by Peter Crampton to the Council
Subject : Council position on migratory stocks

E-21 76 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control / relationship of the IPPC Directive to existing clean air
and water Directives

E-21 8 1 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control emission standards as a complementary
approach / quality objectives ( immission standards )

E-21 89 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control — progress through a multimedia approach

E-21 90 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control — scope of the IPPC Directive

E-21 97 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control — cost of transposing the water Directives

E-2206 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control : EU competence and subsidiarity

E-2210 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control : Amendment of the bathing water Directive ; overlap
with other environmental requirements

5

5

6

7

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96 / C 56 / 26

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96 / C 56 / 28

E-2211 / 95 by Ursula Schleicher to the Commission
Subject : European water protection : Framework Directive 76 / 464 / EEC and the eco-audit .... 15

E-2221 / 95 by Philippe-Armand Martin to the Council
Subject : Allocation of inulin syrup quotas 15

E-2274 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Presence of the UEAPME in the social dialogue 16

96 / C 56 / 29 E-23 17 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : EU funding for the Comillas Foundation 16

96 / C 56 / 30 E-2 356 / 95 by Mihail Papayannakis to the Council

Subject : Ariane programme 17

96 / C 56 / 31

96 / C 56 / 32

96 / C 56 / 33

96 / C 56 / 34

96 / C 56 / 35

96 / C 56 / 36

96 / C 56 / 37

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E-2437 / 95 by Bengt Hurtig to the Council
Subject : Translation of Council documents 17

E-2441 / 95 by Thomas Megahy to the Commission
Subject : Male fertility threat 18

E-2449 / 95 by Monica Baldi to the Council
Subject : Proposal for a Tenth Council Directive on company law 18

E-2471 / 95 by Werner Langen to the Council
Subject : Reform of the organization of the market in bananas 19

E-2479 / 95 by James Moorhouse to the Council
Subject : Qualified majority voting in the Council 20

E-2480 / 95 by James Moorhouse to the Council
Subject : Secrecy and the 1996 Intergovernmental Conference 20

E-2483 / 95 by Leen van der Waal to the Council
Subject : Boycott of celebrations to mark the 3000th anniversary of the foundation of
Jerusalem 20

E-248 9 / 95 by Jannis Sakellariou to the Council

Subject : Blinding laser weapons 21

96 / C 56 / 39 E-2500 / 95 by Amedeo Amadeo to the Council
Subject : Environment 22

96 / C 56 / 40 E-2502 / 95 by Amedeo Amadeo to the Council
Subject : Cooperation with the Third World 22

96 / C 56 / 41 E-2514 / 95 by Michl Ebner to the Council

Subject : Ban on nazi and fascist insignia and symbols 23

96 / C 56 / 42

96 / C 56 / 43

EN

E-2522 / 95 by Carles-Alfred Gasòliba i Bohm to the Council
Subject : Geographical indications and designations of origin for agricultural products and
foodstuffs 23

P-252 9 / 95 by Jaak Vandemeulebroucke to the Council
Subject : Appointment of a Belgian judge to the Court of Justice 24

( Continued overleaf )

Notice No

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EN

Contents ( continued ) Page

E-253 3 / 95 by Detlev Samland to the Commission
Subject : Community support for North-Rhine Westphalia in 1994

E-2561 / 95 by Anita Pollack to the Commission

Subject : Forests

E-2577 / 95 by Christine Crawley to the Commission
Subject : Tibetan nun, Gyaltsen Pelsang . . .

E-257 9 / 95 by Richard Howitt to the Commission
Subject : Application from Oikkos Ltd, Essex — oil reclamation project

E-2586 / 95 by Christiane Taubira-Delannon to the Commission
Subject : Intensification of mining activity in Guyana

E-25 92 / 95 by Amedeo Amadeo to the Commission

Subject : Doping

E-2631 / 95 bv Mathias Reichhold to the Commission

Subject : 1996 Budget

E-2645 / 95 by Maartje van Putten to the Commission
Subject : Regulation ( EEC ) No 404 / 93 — consequences for new importers and exporters of
bananas

E-2647 / 95 by Maartje van Putten to the Commission
Subject : Regulation ( EEC ) No 404 / 93 — environmental and social conditions in relation to banana
growing

E-2 653 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 1.3 of the operational programme for industry

E-2654 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 5.1 of the operational programme for industry

E-2655 / 95 by Alexandros Alavanos to the Commission
Subject : Sub-programme 3 of the operational programme for industry

E-2656 / 95 by Alexandros Alavanos to the Commission
Subject : Greek CSF operational programme for industry

E-2657 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 2.1 of the operational programme for industry

E-2658 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 2.3 of the operational programme for industry

E-2 659 / 95 by Alexandros Alavanos to the Commission
Subject : Sub-programme 6 of the operational programme for industry

E-2660 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 2.2 of the operational programme for industry

E-2661 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 1.4 of the operational programme for industry

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31

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32

32

32

32

33

33

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Notice No Contents ( continued ) Page

96 / C 56 / 62 E-2662 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 4.1 of the operational programme for industry 33

96 / C 56 / 63 E-2663 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 4.2 of the operational programme for industry 34

96 / C 56 / 64 E-2664 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 1.5 of the operational programme for industry 34

96 / C 56 / 65 E-2682 / 95 by Alexandros Alavanos to the Commission
Subject : Measure 1.2 of the operational programme for industry 34

Joint answer to Written Questions E-2653 / 95 to E-2664 / 95 and E-2682 / 95 34

96 / C 56 / 66 E-2674 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Health checks on Moroccan imports 35

96 / C 56 / 67 E-2684 / 95 by Mihail Papayannakis to the Commission
Subject : Checks on CSF-funded projects 36

96 / C 56 / 68 E-2742 / 95 by Christiane Taubira-Delannon to the Commission
Subject : Action to combat Aids in the developing countries 36

96 / C 56 / 69 E-2749 / 95 by David Hallam to the Commission
Subject : Establishment of agri-environment measures in the EU 37

96 / C 56 / 70 E-2758 / 95 by Johanna Maij-Weggen to the Commission
Subject : Funding for the Arnhem / Nijmegen region 37

96 / C 56 / 71 E-2771 / 95 by James Moorhouse to the Commission
Subject : Commitology 38

96 / C 56 / 72 E-2779 / 95 by Marco Cellai to the Commission
Subject : Risk of speculation using Structural Funds on the island of Elba 39

96 / C 56 / 73 E-2795 / 95 by Peter Skinner to the Commission
Subject : Distribution and resale of EEC surplus beef by the UK Intervention Board 39

96 / C 56 / 74 E-2803 / 95 by Edith Müller to the Commission
Subject : Pension payments . . . 40

96 / C 56 / 75 E-28 11 / 95 by Carmen Fraga Estévez to the Commission
Subject : Garlic imports to the EU 41

96 / C 56 / 76 E-2816 / 95 by Frank Vanhecke to the Commission
Subject : Discrimination against the Dutch language by the services of the European Commission in
respect of references to addresses in Brussels 41

96 / C 56 / 77 E-2817 / 95 by Frank Vanhecke to the Commission
Subject : Discrimination against the Dutch language by the services of the European
Commission 42

96 / C 56 / 78 E-2821 / 95 by Gijs de Vries to the Commission
Subject : Dutch pensions legislation 42

EN

( Continued overleaf )

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E-2826 / 95 by Alexandros Alavanos to the Commission
Subject : Use of Structural Fund reserve 43

P-2829 / 95 by Frode Kristoffersen to the Council
Subject : Publication of minutes and declarations made at meetings at which the Council is acting in
its legislative capacity 44

E-2832 / 95 by Karl Schweitzer to the Commission
Subject : Notification of waste shipments on the ' Green List ' 44

E-2833 / 95 by Gerhard Schmid to the Commission
Subject : Law on the use of the French language ( Toubon Law ) and free competition in the internal
market 45

E-2837 / 95 by Karl Schweitzer to the Commission
Subject : Shipments of waste : notification and controls 45

E-2840 / 95 by Christine Crawley to the Commission

Subject : Milk 46

E-2843 / 95 by Sebastiano Musumeci to the Commission
Subject : Citrus fruit cultivation in Sicily 47

E-2844 / 95 by Livio Filippi to the Commission
Subject : Import and export certificates for certain cereal products 47

E-2850 / 95 by Philippe De Coene to the Commission
Subject : Implementation of Directive 76 / 464 / EEC 48

P-2853 / 95 by Roberto Mezzaroma to the Commission
Subject : European financing for projects to combat social exclusion for 1995 49

E-2855 / 95 by Eva Kjer Hansen to the Commission
Subject : Bee-keeping on Læsø 49

E-2891 / 95 by Carmen Fraga Estévez to the Commission

Subject : Intervention in cereals 50

96 / C 56 / 91 E-2892 / 95 by Carmen Fraga Estévez to the Commission
Subject : Refunds for the export of fruit and vegetables 50

96 / C 56 / 92 P-2904 / 95 by David Bowe to the Commission

Subject : Dimethyl ether 51

96 / C 56 / 93 E-2906 / 95 by James Provan to the Commission
Subject : UK fishing boat numbers 51

96 / C 56 / 94

96 / C 56 / 95

E-2907 / 95 by Giles Chichester to the Commission
Subject : Animal welfare during transport 52

P-2916 / 95 by John Cushnahan to the Commission
Subject : Fisheries protection and coastal surveillance in Ireland 52

96 / C 56 / 96 E-292 3 / 95 by Jaak Vandemeulebroucke to the Commission

Subject : Commissioners ' interests 53

96 / C 56 / 97 E-2924 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Job advertisements in the Flemish press 53

EN

Notice No Contents ( continued ) Page

96 / C 56 / 98

96 / C 56 / 99

96 / C 56 / 100

96 / C 56 / 101

E-2925 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Use of languages in the European Union 53

E-2926 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Use of languages at the institutions 54

E-2927 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Advertising on eggshells 54

E-2936 / 95 by Thomas Megahy to the Commission

Subject : Directive on zoos 54

96 / C 56 / 102 E-2950 / 95 by Erhard Meier to the Commission
Subject : The LIFE project for an ornithological observatory in the Central Enns Valley,
Austria 55

96 / C 56 / 103 E-2957 / 95 by Ian White to the Commission

Subject : Dietary supplements 55

96 / C 56 / 104

96 / C 56 / 105

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EN

E-2964 / 95 by Peter Skinner to the Commission
Subject : Quarantine restrictions in the UK for domestic pets being brought from mainland
Europe 55

P-2985 / 95 by Irene Crepaz to the Commission
Subject : Amount of Structural Fund aid currently utilized by Austria 56

E-2997 / 95 by Mark Killilea to the Commission
Subject : Charter of rights for the elderly 57

E-3021 / 95 by Joan Vallvé to the Commission
Subject : Inclusion of the Ses Salines d'Eivissa i Formentera wildlife area in the Nature 2000
European conservation network 57

E-3030 / 95 by Nel van Dijk to the Commission
Subject : Deforestation in Cambodia 58

E-3048 / 95 by Spalato Belleré to the Commission
Subject : Raising the age limit for EC professional training courses 58

P-3077 / 95 by Elisabeth Schroedter to the Commission
Subject : Use of ERDF Funds in Spain which is not campatible with the Structural Funds Regulation

( EEC ) No 2083 / 93 59

P-3079 / 95 by Fernando Moniz to the Commission
Subject : Textile and clothing sector in the European Union 59

E-3097 / 95 by Salvador Garriga Polledo to the Commission
Subject : Desalination plants and the Cohesion Financial Instrument 60

E-3112 / 95 by Hilde Hawlicek to the Commission
Subject : Recruitment of an Austrian expert into DG XXII 60

E-3113 / 95 by Hilde Hawlicek to the Commission

Subject : European Community bodies, in particular decentralized bodies 60

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 56 / 115 P-3141 / 95 by Hiltrud Breyer to the Commission
Subject : On the conclusions of the CPMP ad hoc working party on contraceptive pills containing
Destoden or Desogestrel 61

96 / C 56 / 116 P-3153 / 95 by Joaquim Miranda to the Commission
Subject : Community financing for the Alqueva dam ( Alentejo, Portugal ) 62

96 / C 56 / 117 E-3167 / 95 by Susan Waddington to the Commission
Subject : Review of import quotas relating to China — prison labour 62

96 / C 56 / 118 E-3169 / 95 by Susan Waddington to the Commission
Subject : Review of import quotas relating to China — effect on the textiles sector 63

Joint answer to Written Questions E-3167 / 95 and E-3169 / 95 63

96 / C 56 / 119 E-3229 / 95 by Maartje van Putten to the Commission
Subject : Reports on risks of contraceptive pill use 63

EN

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

QUESTION E-l 762 / 94 options does the Council intend to encourage to adapt the

Winifred Ewing ( ARE ) new technologies to the information society, with particular

to the Commission reference to distance learning and television teaching ?

WRITTEN QUESTION E-l 762 / 94

by Winifred Ewing ( ARE )

(1 September 1994 )

( 96 / C 56 / 01 ) Answer

( 20 December 1995 )
Subject : Imports from Poland of diseased ewes

Is the Commission aware of lorry loads of old and diseased
ewes from Poland which were found in Muslim community
abattoirs in Birmingham ?

Supplementary answer given by Mr Fischler

on behalf of the Commission

(1 December 1995 )

Following up its answer of 26 October 1994 ( ), the
Commission would like to inform the Honourable Member

that the attention of the UK authorities was drawn to this

case and, following the representations they made to the
Polish authorities, such imports are no longer taking
place .

1 . On 14 March 1995, the European Parliament and
the Council adopted the Socrates Community action
programme (') for the period 1 January 1995 to
31 December 1999 . In chapter III, Action 2 concerns the
promotion of open and distance learning and provides for
Community financial aid for transnational projects .

2 . Recently, the Commission forwarded to the Council
and the European Parliament a communication
accompanied by a proposal for a Council Decision adopting
a multi-annual Community programme to stimulate the
development of a European multimedia content industry
and to encourage the use of multimedia content in the
emerging information society ( Info 2000 ).

(') OJ No L 87, 20 . 4 . 1995 .
(') OJ No C 24, 30 . 1 . 1995 .

WRITTEN QUESTION E - 1 64 / 95

WRITTEN QUESTION E - 1 93 / 95

by Jean-Pierre Raffarin ( PPE )

by Jean-Pierre Raffarin ( PPE )
to the Council

to the Council

( 22 February 1995 )

( 22 February 1995 )

( 96 / C 56 / 02 ) ( 96 / C 56 / 03 )

Subject : Use of the new technologies in television teaching

and distance learning

The European Union is committed to speeding up the
process of change towards an information society . What

Subject : Accession of the countries of eastern Europe

The European Commission has intitiated studies to assess
the impact of the accession of the eastern European

No C 56 / 2 EN Official Journal of the European Communities 26 . 2 . 96

countries to the European Union . Their accession would
have major repercussions for the Union 's development .
How does the Council intend to follow up these studies ?

Answer

( 20 December 1995 )

Has the Education Committee submitted this report and
what consequences has it had for policy on environmental
education ?

(') O J No C 177, 6 . 7 . 1988, p . 8 .

Joint answer
to Written Questions E-1235 / 95 and E-2016 / 95

The Council has not to date received any proposals from the
Commission concerning the consequences of the accession ( 21 December 1995 )
of the associated countries of central and eastern Europe . It
will of course carefully examine any reports / proposals as
soon as they are submitted to it . The Council has not received a

You are reminded that the Essen European Council asked
the Commission to examine the effects of all subsidized

exports on the agriculture of the associated countries of
central and eastern Europe and to submit in the second half
of 1 995 studies on alternative strategies for the development
of relations in the field of agriculture between the European
Union and the associated countries with a view to a future

accession of those countries .

WRITTEN QUESTION E    - 1 23 5 / 95

by José Valverde Lopez ( PPE )

to the Council

(8 May 1995 )

( 96 / C 56 / 04 )

Subject : Environmental education

On 1 June 1992 ( ) the Council and the Ministers of
Education adopted various conclusions on the development
of environmental education . Could the Council provide
information on the initiatives undertaken by the various
Member States with a view to putting these conclusions into
practice ?

(') OJ No C 151, 16 . 6 . 1992, p . 2 .

WRITTEN QUESTION E-20 16 / 95

by Doeke Eisma ( ELDR )

to the Council

The Council has not received a report on the initiatives
taken by Member States in line with the conclusions of the
Council and the Education Ministers meeting on 1 June
1992, as mentioned by the Honourable Members .

Since those conclusions were adopted, a fresh impetus was
given to environmental education in the resolution of the
Council and the representatives of the Governments of the
Member States of 1 February 1993 (') on a Community
programme of policy and action in relation to the
environment and sustainable development, and also in the
fifth action programme submitted by the Commission and
attached to the resolution .

In the Community action programme Socrates ( 2 ) adopted
by the Parliament and the Council on 14 March 1995
Chapter II concerning school education ( Comenius ) refers
to ' protection of the environment ' as a priority topic for
partnerships between schools .

Promotion of initial vocational training in the field of
environmental protection is also one of the priorities of the
Leonardo da Vinci programme adopted by the Council on
6 December 1994 ( 3 ).

(') OJ No C 138, 17 . 5 . 1993 .

( 2 ) OJ No L 87, 20 . 4 . 1995 .
(') Of No L 340, 29 . 12 . 1994, p . 17 .

WRITTEN QUESTION E-1291 / 95

by Christine Oddy ( PSE )

to the Council

( 10 May 1995 )

( 10 July 1995 )

( 96 / C 56 / 06 )
96 / C 56 / 05

Subject : Environmental education Subject : Income gap in the United Kingdom

On 1 June 1992 the Ministers of Education meeting within
the Council asked the Education Committee to report
before the end of 1994 on activities in implementation of
their resolution of 24 May 1988 ( 1 ) on environmental
education .

According to a publication by the Joseph Rowntree
Foundation ' Income and Wealth ', income inequality in the
United Kingdom is its greatest since the Second World War
and has been growing faster than any other developed
country, with the exception of New Zealand .

26 . 2 . 96 | EN | Official Journal of the European Communities No C 56 / 3

Supplementary answer given by Mr Flynn

Given that the T reaty of Rome in Article 2 gives as one of its Supplementary answer given by Mr
major tasks the raising of the standard of living and quality on behalf of the Commission
of live, does the Council not consider that in the case of the ( 20 December 1995 }
United Kingdom the European Union has failed, and what
steps will it take to urgently remedy the sad situation ?

( 20 December 1995 }

Answer

( 21 December 1995 )

The Council attaches the utmost importance to fulfilment of
the task of the Community set out in Article 2 of the Treaty,
and in particular to promoting the raising of the standard of
living and quality of life .

In this connection it would point to the numerous initiatives
to combat unemployment and poverty and to its
recommendation of 24 June 1992 on common criteria
concerning sufficient resources and social assistance in
social protection systems .

It would also point out that at its Essen and Cannes meetings
the European Council stressed that the fight against
unemployment, along with equal opportunities questions,
would remain the most important tasks facing the Union
and its Member States ; the latter 's efforts in this area will be
given effect in the form of multiannual programmes to be
put forward in the autumn of 19 95 .

However, as regards the distribution of resources among the
citizens of the Union, the Council would remind the
Honourable Member that Member States have sole

responsibility in matters of pay and income levels .

Further to its answer of 29 June 1995 ( ), Community
co-financing for vocational training in the fisheries sector
during the period 1989 — 1993 ( first Community Support
Framework ) amounted to ECU 40 million ( Esc 7 800
million ).

As regards the CSF for 1 994 — 1 999, the amount taken up in

1994 was ECU 2,9 million ( Esc 500 million ).

The allocation for the period 1995— 1999 is estimated at
ECU 50,4 million ( Esc 10 600 million ). This includes
measures to be developed in the context of the ' Pesca '
sub-programme under the ' Moderniza<;ao do tecido
economico ' operational programme, the ' Forma^ao
profissional e emprego ' operational programme, and the
Community Initiative ' Pesca '.

(') OJ No C 230, 4 . 9 . 1995, p . 36 .

WRITTEN QUESTION E-14 10 / 95

by Mark Watts ( PSE )

to the Council

( 19 May 1995 )

( 96 / C 56 / 08 )

Subject : Human rights in Guatemala

What conditionality does the Council place on trade aid
links with Guatemala with regard to human rights generally
WRITTEN QUESTION E-13 11 / 95 and the plight of street children in particular ?

by Honorio Novo ( GUE / NGL )

to the Commission

( 12 May 1995 ) Answer

( 96 / C 56 / 07 ) ( 20 December 1995 )

Subject : Community funds for vocational training in the

fisheries sector

Under the first Community Support Framework, funds were
allocated to Portugal for vocational training in the fisheries
sector . Sums are expected to be allocated under the second
Community Support Framework to the same sector and for
the same purpose .

Can the Commission state the total amount granted to
Portugal for vocational training in the sector while the first
Community Support Framework was in force, and of the
amount expected to be allocated for the same purpose under
the second Community Support Framework ?

1 . Under Article 130u of the Treaty on European
Union,

' Community policy in the sphere of development
cooperation, which shall be complementary to the
policies pursued by the Member States, shall foster :

— the sustainable economic and social development of

the developing countries, and more particularly the
most disadvantaged among them ;

— the smooth and gradual integration of the developing

countries into the world economy ;

— the campaign against poverty in the developing

countries .'

No C 56 / 4 EN Official Journal of the European Communities 26 . 2 . 96

2 . Given those objectives, the granting of aid to
Guatemala is governed by :

— Regulation ( EEC ) No 443 / 92 ( 1 ) of 25 February 1 992 on

financial and technical assistance to, and economic
cooperation with, the developing countries in Asia and
Latin America, adopted by the Council after conciliation
with the European Parliament,

— and the framework cooperation agreement between the

Community and the countries of Central America

( signed on 22 February 1993 ), in particular Articles 5
and 6 thereof ( 2 ).

3 . On those bases, Guatemala has regularly received aid
from the Community, in the economic and trade field in
particular ( totalling ECU 57 million between 1990 and
1994 ).

4 . It may be noted that at the San Jose XI Ministerial
Conference held in Panama on 23 and 24 February 1995,
Ministers ' stressed the importance of the European Union 's
continuing its contribution to the promotion of Central
American exports ' and agreed ' to incorperate future action
into a medium and long-term strategy ', in order to
implement better cooperation ( 3 ).

5 . Moreover, following the Contadora Declaration and
the unilateral true declaration by the URNG, the European
Union urged the parties to continue their attempts at
negotiation and reiterated its willingness to continue to
contribute to the economic and social development of the
country, for which the signing of a firm and lasting peace
agreement would be an element of fundamental
importance .

(') OJ No L 52, 27 . 2 . 1992, p . 1 .

( 2 ) OJ No C 77, 18 . 3 . 1993, p . 33 .
(') Doc . 4953 / 95 Presse 56, paragraphs 15 and 22 .

WRITTEN QUESTION E-1455 / 95

by Carl Lang ( NI )

to the Council

( 19 May 1995 )

96 / C 56 / 09

Subject : Intra-Community maritime traffic

European legislation currently authorizes vessels flying flags
of convenience but belonging to European companies to
provide services on intra-Community routes while
employing seamen from non-member countries . The pay
and level of social protection of these crews — who do not
appear to be covered by any European legislation — suggest
that these companies are pursuing a practice of social
dumping, not to mention the tax advantages resulting from
the flag of their vessels .

Seamen from the ports of Boulogne and Calais in particular
went on strike in February to protest against this unfair
competition, practised in this case by the British company
Meridian Ferries .

This situation is unacceptable in Europe and threatens the
jobs and social rights of an entire category of workers .

Does the Council intend to introduce legislation requiring
vessels on trans-European routes to fly the flag of a Member
State and to apply the social provisions of at least one of the
countries of the European Union ?

Answer

( 21 December 1995 )

Regarding the ' intra-Community maritime traffic ' to which
the Honourable Member refers, the Council would like to
draw a distinction between traffic between Member States

and traffic within Member States ( maritime cabotage ).

Regulation ( EEC ) No 3577 / 92 ( ] ) gives Community
shipowners operating vessels registered in and flying the flag
of a Member State the freedom to provide maritime
cabotage services . There are no specific provisions as to
social legislation on board Community vessels .

As regards traffic between Member States, under current
Community law, in particular Regulation ( EEC )
No 4055 / 86 ( 2 ), Member States ' nationals also have the
freedom to provide maritime transport services without any
conditions being set as to the flag flown by the vessel used,
corporate taxation or seamen 's rights . There are no
proposals to change this state of affairs on the Council
table .

The Council would also point out that Directive 94 / 5 8 / EC
on the training of seafarers ( 3 ) should have the effect of
raising the level of training of all seafarers on board vessels
putting in at Community ports and thus improve social
conditions generally .

At its meeting on 13 and 14 March 1995 the Council held
detailed discussions on Community maritime policy,
including the problem of crews . It will be resuming those
discussions when it examines the strategy document on the
future of the shipping industry which the Commission is to
submit by the end of the year .

(') OJ No L 364, 12 . 12 . 1992, p . 7 .

( 2 ) OJ No L 378, 31 . 12 . 1986, p . 1 .
(-') OJ No L 319, 12 . 12 . 1994, p . 28

26 . 2 . 96 1 EN | Official Journal of the European Communities No C 56 / 5

WRITTEN QUESTION E-1596 / 95 WRITTEN QUESTION E-1668 / 95

by Carlo Casini ( PPE ), Pierluigi Castagnetti ( PPE ), Gerardo
Bianco ( PPE ), Giovanni Burtone ( PPE ), Maria Colombo
Svevo ( PPE ), Giampaolo D'Andrea ( PPE ), Michl Ebner

( PPE ), Livio Filippi ( PPE ), Antonio Graziani ( PPE ), Danilo

Poggiolini ( PPE ), Carlo Secchi ( PPE )

and Mariotto Segni ( PPE )

to the Council

( 14 June 1995 )

( 96 / C 56 / 10 )

Subject : Restoration to their rightful owners of places of

worship belonging to the Greek-Catholic Church
of Romania

In 1948, when the Greek-Catholic Church in Romania had
more than two million members, its places of worship were
confiscated by the dictatorial communist regime .

Since the fall of the Ceausescu regime the Romanian State
has decreed that church buildings belonging de jure or de
facto to the Greek-Catholic Church of Romania should be
given to the Greek-Catholic Church or the Orthodox
Church depending on the desires of the majority of the
faithful as established by an interconfessional joint
committee set up for the purpose . This provision is legally
unacceptable since it is a general legal principle that
property unlawfully taken away should be returned to its
legitimate owners along with appropriate damages . In the
case of a government which succeeds a government that has
acted unlawfully that obligation is governed by UN
Declaration 40 / 34 of 29 November 1985 . Substantial

impediment to the legitimate practising of one 's religious
faith is thus contrary to the Universal Declaration of Human
Rights and the European Convention on Human Rights .

1 . Is the Council aware of these violations of human rights
in Romania ?

2 . Does the Council not consider it necessary to intervene
vis-a-vis the Romanian authorities to obtain the return

of places of worship to the Greek-Catholic Church ?

3 . Does the Council not consider that Community
programmes of aid for Romania should be conditional
on total respect for human rights ?

Answer

( 20 December 1995 )

The Honourable Members are asked to refer to the reply
given by the Council to Written Question E-526 / 95 ( 1 ) by
Mr Berthu .

(') OJ No C 257, 2 . 10 . 1995, p . 9 .

by Pat Gallagher ( UPE )

to the Council

( 16 June 1995 )

( 96 / C 56 / 11 )

Subject : Brussels Convention 1968 as amended and
extended — Jurisdiction and enforcement of
Judgments in Civil and Commercial Matters

Would the Council agree that in the interests of consumers
and commercial undertakings the proper application of the
European Convention on the Enforcement of Judgments in
Civil and Commercial matters signed at Luxembourg on
3 June 1971, as amended and extended, required that a
Central Register of Causes and Judgments obtained under
its provisions be established and maintained ?

Answer

( 20 December 1995 )

The Council would remind the Honourable Member that

the basic aim of the 1968 Brussels Convention, as
subsequently amended, is to determine the jurisdiction of
national courts in civil and commercial matters covered by
the Convention and to facilitate recognition and the
introduction of an expeditious procedure to ensure
enforcement of judgments and of authentic intruments and
court settlements .

The Honourable Member 's question as to whether a central
register of causes and judgments obtained under the
Convention 's provisions should be established is not a
matter at present being considered by the Council .

It should also be pointed out that, in order to ensure that
the provisions of the Brussels Convention are applied
as effectively and uniformly as possible, under the
arrangements laid down in the Protocol of 3 June 1971,
national courts hearing appeals or courts whose judgments
may not be the subject of an appeal under national law have
the power to ask the Court of Justice to give a preliminary
ruling . Moreover the Member States have expressed their
readiness to arrange, in liaison with the Court of Justice, for
an exchange of information on judgments handed down by
the courts required to seek a ruling from the Court of Justice
on a particular issue .

Arranging for the publication of judgments handed down
both by Member States ' national courts and by the Court of
Justice of the European Communities with regard to the

interpretation of the Convention is a matter for private
enterprise on the part of legal and professional publishers in
the Member States .

No C 56 / 6 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION P-1716 / 95

by André Laignel ( PSE )

to the Council

(1 June 1995 )

( 96 / C 56 / 12 )

Subject : Agriculture — Council proposals to settle
agri-monetary problems

The recent monetary fluctuations within the EMS have had
disastrous consequences for the operation of the internal
market and the common system of agricultural prices .

Devaluation by weak currency countries in the Union has
given their products a competitive advantage and as a result
of the present agri-monetary system indirectly led to cases of
over-compensation .

The situation has naturally aroused strong reactions in
French producers, especially in the fruit and vegetable

( strawberries etc .) and meat and veal industries .

What does the Council propose to do, in the short term and
well before the single currency is set up, to deal with this
abnormal distortion of competition between Union
producers ?

What decision does the Council propose to take to settle the
agri-monetary problem at the root of supplementary
budgetary expenditure, and in particular cases of
over-compensation in weak currency countries ?

Answer

( 21 December 1995 )

Since the single market was established on 1 January 1993,
agri-monetary arrangements have been maintained which
involve the abolition of monetary compensatory amounts
and the retention of agricultural conversion rates . These
conversion rates are linked to currency values and are
subject to change . However, such changes take place only in
accordance with mechanisms designed to preclude a
situation in the farming sector where daily fluctuations on
the foreign exchange markets make EAGGF Guarantee
Section payments completely unpredictable, by introducing
monitoring periods and margins for movement within
which amendment of the agricultural conversion rate is
avoided .

With regard to the Honourable Member 's first question, in
periods of extreme currency fluctuation situations may
indeed arise in which one or other particular sector in one or
other Member State may in fact experience a considerable
change in conditions of competition as regards prices as a

result of monetary movements in one or more other
Member States . Concerned at this problem and in
accordance with a political agreement reached at its meeting
from 19 to 22 June 1995, on 25 October 1995 the Council
adopted a Regulation establishing the possibility of national
aid being granted in compensation for losses of agricultural
income caused by monetary movements in other Member
States .

That Regulation concerns considerable losses of revenue
resulting from significant monetary movements occurring in
other Member States since the beginning of the 1994 / 95
marketing year and no later than 31 December 1995 .

The Council took the view that :

— monetary movements have influenced agricultural
markets, particularly in the first half of 1995 ; certain
producers may have suffered from losses of income
caused by significant monetary movements in Member
States other than the one in which they produce ;

— where such losses of revenue are objectively established,

temporary national aid which does not favour a
particular type of production may be granted to
compensate for the loss actually established ;

— measures need to be taken at Community level to enable

the common agricultural policy to be implemented
coherently .

With respect to the operation of the agri-monetary system to
which the Honourable Member refers in the second part of
his question, and in particular the budgetary aspects of it, it
should be noted that the Council was essentially anxious to
ensure proper implementation of the rules providing for a
reduction in agricultural conversion rates in the event of the
observed and confirmed re-evaluation of a currency . Any
such reduction in agricultural conversion rates is in fact
always a source of major political difficulty . The Council
meeting from 19 to 22 June recorded agreement on
compensation for any reductions in the agricultural
conversion rates of certain currencies which might take
place in the period between 23 June 19 95 and 1 January

1996 ( Council Regulation ( EC ) No 1527 / 95 (')).

However, this Regulation does not provide for an increase
in ECU terms, and hence in all Member States, of the
amounts of the reform, structural or environmental aids
referred to in Article 7 of the basic Regulation ( Regulation

( EEC ) No 3812 / 92 ) while, for the Member States concerned

( significant reduction in the agriculture conversion rate
between 23 June 1 995 and 1 January 1 996 ) the level of such
aid, for the payment of which the agricultural conversion
rates remain unchanged until 1 January 1 999, is maintained .
On this latter point, the Council considered that, for the
currencies in question

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 7

' there should be no reduction in the agricultural
conversion rates applicable to the amounts referred to in
Article 7 of Regulation ( EEC ) No 3813 / 92 pending
determination of the set conversion rates between the

currencies of the Member States '.

(!) OJ No L 148, 30 . 6 . 1995 .

WRITTEN QUESTION E-l 872 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

(3 July 1995 )

( 96 / C 56 / 13 )

Subject : Law on hunting in Portugal, environmental
protections and small farms

It is difficult to achieve a balance between game
management ( preservation, promotion and reproduction )
and hunting as a traditional and popular activity . It is
likewise difficult — but desirable and possible — to draw up
and apply legislation which represents in acceptable
compromise for all concerned . In Portugal, the law on
hunting, instead of striving to achieve such a compromise, is
threatening the traditional values and interests of small
farmers and farm owners, and the view of hunting as a
speculative economic activity has given rise to tensions and
divisions which have at times led to violence .

In the year of environmental conservation, will the
Commission propose measures and legislation which,
benefiting from a wide range of experience and taking
account of particular features, would reconcile the
environmental aspects, the game management aspects and
the interests of small farmers in order to prevent and remedy
situations such as that being experienced in Portugal, where
former comrades in a traditional activity known for its
ability to foster companionship and friendship have at times
been on the verge of violence ?

Answer given by Mr Fischler
on behalf of the Commission

The Commission has no plans for new measures under
the common agricultural policy designed principally to
reconcile the interests of small farmers and landowners with

those of hunting .

As far as protection of species is concerned, the Commission
considers that the provisions of Directives 79 / 409 / EEC on
the conservation of wild birds ( 2 ) and 92 / 43 / EEC on the
conservation of natural habitats and of wild fauna and
flora ( 3 ) will have favourable repercussions for the species in
question .

(') OJ No L 218, 6 . 8 . 1991 .

( 2 ) OJ No L 103, 25 . 4 . 1979 .

( 3 ) OJ No L 206, 22 . 7 . 1992 .

WRITTEN QUESTION E-1953 / 95

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

(6 July 1995 )

( 96 / C 56 / 14 )

Subject : Environmental guidelines of European
manufacturing and trading firms

Which European trading and manufacturing firms have
undertaken to observe guidelines under which they take
account of environmental protection legislation even when
manufacturing and trading outside the European Union,
and what guidelines are these ?

Does the Commission encourage European trading and
manufacturing firms to draw up and adopt such guidelines ?
Has the Commission developed or is it developing models
for this purpose ?

If not, why does the Commission assume that this is not
necessary ?

What action does the Commission envisage taking to
require European trading and manufacturing firms to abide
by environmental protection legislation outside the
European Union, and how does it intend to monitor
this ?

Answer given by Mrs Bjerregaard
(7 September 1995 ) on behalf of the Commission

From the agricultural point of view hunting is normally
considered a possible source of additional income for
farmers .

Thus for the purposes of definition of farmers who can
receive structural aid for modernizing their holdings

( Article 5 of Regulation ( EEC ) No 2328 / 91 (')) hunting is a
permitted activity .

(3 October 1995 )

The questions raised by the Honourable Member would
require there to be uniform environmental policy rules not
only for the Community but also in relation to third
countries .

Community law is geographical in nature and therefore
applies only within the Community .

No C 56 / 8 EN Official Journal of the European Communities 26 . 2 . 96

European manufacturing and trading companies must
therefore comply with all environmental protection
requirements laid down in Community law in all parts of the
Community .

Apart from the requirement for all European companies to
comply with Community environmental rules, Council
Regulation ( EEC ) No 1836 / 93 of 29 June 1993 (') allows
voluntary participation by companies in the industrial
sector in a Community eco-management and audit scheme
under which companies also comply with environmental
standards for products exported from the Community .

The Commission is not able to oblige European companies
to comply with Community law outside the Community . A
company located in a third country will have to comply with
the national standards of that country .

(M OJ No L 168, 10 . 7 . 1993 .

WRITTEN QUESTION E-l 975 / 95

by Riccardo Nencini ( PSE )

to the Council

On 18 September 1995 the Council adopted the Regulation
laying down general rules for the granting of Community
financial aid in the field of trans-European networks
( Regulation ( EC ) No 2236 / 95 (')).

Article 5 of the abovementioned common position states
that the priorities for each project shall include inter alia the
integration of environmental concerns into the design and
development of the network ; the reasons given for this text
recall that ' Member States need to take account of

environmental protection by carrying out environmental
impact studies pursuant to Council Directive 85 / 337 / EEC ',
as mentioned by the Honourable Member ( see seventh
recital ).

Regulation ( EC ) No 2236 / 95, for its part, stipulated that the
information required for the assessment and identification
of applications for financial aid for a project must include a
summary description of the environmental impact based on
the assessment carried out in accordance with the

abovementioned Directive .

(') OJ No L 228, 23 . 9 . 1995 .

WRITTEN QUESTION E-2 112 / 95

( 10 July 1995 )

by Jaak Vandemeulebroucke ( ARE )
( 96 / C 56 / 15 ) to the Commission

( 19 July 1995 )
Subject : High-speed rail project ( 96 / C 56 / 16 )

The city of Florence and surrounding area have been chosen
as transit centres for a high-speed railway line .

The projects submitted do not comply with the European
Union 's guidelines, which stipulate that, in order to be
considered as ' joint projects ', projects must meet the
requirements set out in the proposal for a Decision on
trans-European networks in the energy and transport
sectors, in particular as regards compatibility with
environmental standards . Funding of such projects is
dependent on compliance with Directive 85 / 337 / EEC

( environmental impact assessment ) ('), which has in fact
been disregarded .

What is the Council 's view and what information can it

supply on this matter ?

Subject : Combating fraud within the Union

I should like to receive a list of all organizations, both
internal and external, which receive funding from the Union
budget for the purpose of combating fraud against Union
funds .

In the case of each of them, I should also like to know the
budget heading concerned and the amount of funding
granted to the organization . I should also appreciate a
detailed overview of the staffing of these organizations .

Supplementary answer given by Mrs Gradin

on behalf of the Commission

( 17 November 1995 )
(') OJ No L 175, 5 . 7 . 1985, p . 40 .

Answer

( 20 December 1995 )

On 28 September 1995, the Council adopted its common
position with a view to adopting a Decision of the European
Parliament and of the Council on Community guidelines for
the development of a trans-European transport network .
This was forwarded to the European Parliament .

The Commission based its analysis on the 1994 budget year,
this being the last year for which the Commission has
complete data .

There are two separate lists : one shows the major groups of
organizations receiving funding for anti-fraud activities
broken down by budget item ; the other shows, by Member
State, the main external bodies receiving such funding and
the amounts each receives . These lists have been sent

direct to the Honourable Member and to Parliament 's

Secrertariat .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 9

Finally the Commission would point out that it is not for it
to make any comments on the staffing of the structure
responsible for combating fraud in the Member States .

WRITTEN QUESTION E-2155 / 95

by Jan Mulder ( ELDR )

to the Commission

which have been applied since 15 June 1995 in
other German Lander, including Bavaria and
Schleswig-Holstein, which also have Aujeszky's-free
status pursuant to Article 9 of Directive 64 /
432 / EEC ?

( b ) Are those requirements likewise more stringent in
the case of intra-Community trade than in the case
of farrows from pig farms situated on German
soil ? If so, how will such double standards,
which are incompatible with Article 9 of Directive
64 / 432 / EEC, be eliminated in the near future ?

( 28 July 1995 ) (') OJ No L 111, 5 . 5 . 1993, p . 21 .

( 96 / C 56 / 17 ) ( 2 ) OJ No 121, 29 . 7 . 1964, p . 1977 .

Subject : Specific requirements concerning Aujeszky 's
disease in relation to the introduction of farrows

on to pig fattening units in the German Lander of
Lower Saxony and North-Rhine Westphalia

1 . Is the Commission aware that, since 15 June 1995,
farrows from pig breeding farms in Germany which do not
have Aujeszky 's free status have continued to be introduced
into ' isolated ' fattening units in the German Lander of
Lower Saxony and North-Rhine Westphalia, specifically in
the districts of Borken and Vechta ?

2 . Is it aware that such practice has not been permitted
since 15 January 1995 in the case of farrows originating on
pig breeding farms situated in the Netherlands which do not
have Aujeszky's-free status ?

3 . Is it aware that, since 15 June 1995, it has been
possible for pig breeding farms in Lower Saxony and
North-Rhine Westphalia to be classified as Aujeszky's-free
if no symptoms of Aujeszky 's disease have been observed or
suspected during the previous six months ?

4 . ( a ) \s it aware that, in Lower Saxony and North-Rhine

Westphalia, Dutch farrows have, since 15 June

1995, been permitted only if they conform strictly to
the specific requirements relating to Aujeszky 's
disease laid down in Article 2 of Decision
92 / 244 / EEC ('), including the requirement that no
symptoms of Aujeszky 's disease must have been
observed and / or suspected at the pig breeding farm
of origin during the previous twelve months ?

( b ) Is this not incompatible with Article 9 of Directive
64 / 432 / EEC ( 2 ), which does not permit more
stringent guarantees to be required for
intra-Community trade than for internal trade ?

5 . What action will the Commission take to ensure that

the double standards described above are eliminated ? Will it

take such action in the near future ?

6 . ( a ) Does the Commission have further information on
specific requirements relating to Aujeszky 's disease

Answer given by Mr Fischler
on behalf of the Commission

( 10 October 1995 )

1 . The programme for the eradication of Aujeszky 's
disease in Germany which was approved by Commission
Decision 95 / 210 / EC ( ] ) allows this, subject to certain
additional conditions .

2 . The conditions for the movement of piglets for
production into areas where an approved eradication
programme is in operation are set out in Article 2 of
Commission Decision 93 / 244 / EEC . These apply to
movements into Germany from 15 June 1995, following
approval of the German programme . The concept or
definition of a herd with Aujeszky free status does not exist
at Community level .

3 . This is not correct . According to the German
programme, approved by Commission Decision 95 / 210 / EC,
a breeding herd is recognised as free in Germany if tests, with
negative results, are carried out on all breeding sows, gilts
and boars with follow up monitoring of each herd on a
statistical basis being carried out on a six-monthly basis .
Slaughter of positive animals is compulsory .

4 . ( a ) Yes, this is a requirement of Commission Decision
93 / 244 / EEC which sets out the movement rules for

pigs moving into Member States or parts of Member
States where an approved programme is in
operation . The decision requires that no evidence of
the disease be recorded in the herd of origin in the
previous 12 months but does not require that the
herd itself be tested in that period .

( b ) No . The comparison between areas of the
Community where an eradication programme is in
progress and those where one does not apply must
be looked at in its entirety . The situations in
Germany where over three million tests were carried
out in 1994 and where over two hundred thousand

pigs were slaughtered because of the disease, and the
Netherlands where a programme is less advanced,
could not be deemed to be equivalent .

No C 56 / 10 EN Official Journal of the European Communities 26 . 2 . 96

5 . The Commission has brought the Honourable
Member 's comments to the attention of the authorities

in Germany and has been assured that the eradication
programme is being implemented as required by Decision
95 / 210 / EC .

The implementation of eradication programmes against
Aujeszky 's disease is monitored regularly, with each
Member State reporting the situation at least annually .
Failure to implement an approved programme as required
by a Commission decision would result in loss of the related
trade guarantees .

6 . The Lander of Bavaria and Schleswig-Holstein do not
have Aujeszky 's free status but are running an approved
eradication programme . Currently in Bavaria the disease is
absent from over 90 % of herds and in Schleswig-Hol ­
stein the figure is over 99,6% . Commission Decisions
95 / 210 / EEC and 93 / 244 / EEC apply throughout Germany
with the exception of the Lander of Thuringen, Sachsen and
Brandenburg . These three Lander have been recognized as
free of Aujeszky 's disease and fall under the scope of
Commission Decision 93 / 24 / EEC ( 2 ) which sets out the
conditions for movement into these areas .

management of the stocks in question, both within the
waters under national jurisdiction and on the high seas .

2 . In due course, the Council will be called upon to decide
on the basis of a Commission Proposal whether or not to
conclude the Convention on behalf of the Community .

3 . In the opinion of the Council any management scheme
regarding the stocks in question should seek to ensure the
conservation and sustainable management of those stocks
as well as the maintenance of the balance between the rights
and the obligations of coastal States and those fishing on the
High Seas, in compliance with the provisions of the United
Nations Convention on the Law of the Sea .

WRITTEN QUESTION E-2 176 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

(') OJ No L 132, 16 . 6 . 1995 .

2 OJ No L 16 25 . 1 1993 ( 96 / C 56 / 19 )

( 2 ) OJ No L 16, 25 . 1 . 1993 .

WRITTEN QUESTION E-2 162 / 95

by Peter Crampton ( PSE )

to the Council

( 28 July 1995 )

( 96 / C 56 / 18

Subject : Council position on migratory stocks

In the run-up to the next session of the United Nations
Conference on straddling and highly migratory fish stocks,
what is the view of the Council on the management of
international fisheries in this context ?

Answer

( 20 December 1995 )

1 . The United Nations Conference on Straddling Fish
Stocks and Highly Migratory Fish Stocks, adopted, without
a vote, the text of the ' Agreement for the Implementation of
the Provisions of the United Nations Convention on the Law

of the Sea relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks '
at the end of its final session . The Agreement provides
for international cooperation in the conservation and

Subject : European water pollution control / relationship of

the IPPC Directive to existing clean air and water
Directives

One example which illustrates that the IPPC Directive
basically applies the approach adopted in Directive
84 / 360 / EEC ('), involving water to industrial plants or
processes but fails to incorporate important elements of the

1976 water Directive ( 76 / 464 / EEC ) ( 2 ), is the absence of the
standstill principle, according to which the setting of
emission standards may not run counter to the objective of
the water Directive, i.e. it may not increase water pollution .
The air Directive 84 / 360 / EEC permits only an insignificant
increase in air pollution . The proposed IPPC Directive
does not refer to this . Another example is the degree of
discretion which must be permitted in legislation on water
management to safeguard the public water supply, in
contrast to decisions taken under clean air legislation .

1 . In view of this, how is existing EU legislation on
emissions into the air to be incorporated in water
legislation ?

2 . If it is to be incorporated, it is not necessary to improve
integration, and in particular to amend the IPPC
Directive, in order to take account of the interests and
requirements of water management, for example, by
including the standstill principle and allowing Member
States discretion as regards water management in order
to safeguard the public water supply ?

(M OJ No L 188, 16 . 7 . 1984, p . 20 .

( 2 ) OJ No L 129, 18 . 5 . 1976, p . 23 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 11

Answer given by Mrs Bjerregaard

on behalf of the Commission

(3 November 1995 )

The standstill principle, referring as it does to ambient
pollution concentration in the environment, would
naturally be incorporated in quality objective legislation
rather than in process-oriented legislation . Thus the
proposal for a Directive on ecological quality of water
requires Member States to take measures to maintain and
improve the ecological quality of water (').

As the amended proposal for a Council Directive concerning
integrated pollution prevention and control ( 2 ), is based on
Article 130s ( 1 ) of the EC Treaty, there is nothing to prevent
Member States from taking further measures, under
Article 130t of the EC Treaty, to those required under the
Directive .

(') COM(93 ) 680 — OJ No C 222, 10 . 8 . 1994 .

( 2 ) COM(93 ) 423 — OJ No C 311, 17 . 11 . 1993, as amended by

COM(95 ) 88 — OJ No C 165, 1 . 7 . 1995 .

quality objective approach if it has authorized application of
that approach .

1 . Why has the Commission not yet submitted such a
report ?

2 . Why does it wish to abandon the approach laid down in
the Directive ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(3 November 1995 )

1 . Pursuant to Article 6 of Directive 76 / 464 / EEC, a
report was submitted in 1988 .

2 . As experience has shown, environmental protection
has benefited from an approach which used limit values and
water quality objectives in parallel .

Thus, at the Edinburgh summit of 1992, the Commission
announced that in the modification of Directive

76 / 464 / EEC, the two alternate approaches to pollution
control, namely emission limit values and water quality
WRITTEN QUESTION E-2181 / 95 objectives, should become complementary and
reinforcing .

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 56 / 20 )

Subject : European water pollution control emission
standards as a complementary approach / quality
objectives ( immission standards )

Both the IPPC Directive and the proposed Directive on the
ecological quality of water, as well as other Directives
proposed by the Commission, e.g. on air quality, bear the
marks of a recent battle between supporters of the emission
principle, i.e. stringent harmonized emission standards
( limit values ) in Europe and supporters of the quality
objective approach, i.e. the setting of environmental quality
standards ( immission values ). Both approaches were
clearly defined in the framework Directive on water
( 76 / 464 / EEC ) ('), the former as the basis for eliminating
pollution by particularly dangerous substances, the latter as
the basis for reducing water pollution by less dangerous i.e.
degradable substances . Pursuant to the 1976 Directive, the
quality objective approach constitutes no more than a
derogation in the case of List I substances, if Member States
are able to demonstrate that Community quality objectives
are being met even if emission standards are less stringent .
Only one Member State is known to have made use of this
derogation . The Commission has not yet submitted a report
to the Council on the success or failure of the quality
objective approach, although, pursuant to Article 6 of the

1976 Directive, it is required to submit reports to the
Council every five years concerning the application of the

WRITTEN QUESTION E-2 189 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1955 )

( 96 / C 56 / 21 )

Subject : European water pollution control — progress

through a multimedia approach

To some extent, the achievements of the existing water and
air Directives are not encouraging . For example, the Council
has adopted only three spin-off Directives from Directive
84 / 360 / EEC ( ! ) and only seven spin-off Directives from
the water Directive 76 / 464 / EEC ( 2 ). The seven spin-off
Directives cover only 17 and 18 respectively of the 132
hazardous substances laid down by the Commission and
Council as part of a programme in 1982 and 1983
respectively . To be on the safe side, the IPPC Directive
contains no requirements at all for a programme to adopt
Community provisions .

1 . What achievements does the Commission expect from

the IPPC Directive, which simply takes over the lists of
substances from the two framework Directives for the

industries in question while leaving the question of
developing emission standards for them to the Member
States ?

No C 56 / 12 EN Official Journal of the European Communities 26 . 2 . 96

2 . In the Commission 's judgment, what are the
implications in particular for the Member States '
authorizing authorities if the Member States also fail to
adopt multimedia emission standards ?

(') OJ No L 188, 16 . 7 . 1984, p . 20 .
C -) OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(3 November 1995 )

It has been recognized in the context of the integrated
pollution prevention and control ( IPPC ) proposal (') that
emission limit standards for separate media set at a level
removed from the individual installation are not the most

efficient way for controlling pollution . The proposal
provides for an obligation to minimize as far as technically
possible, taking into account costs and benefits, the
pollution to all media from a particular individual industrial
installation, in full consideration of the technical
developments in that sector . The Commission expects this
regime to deliver more proportionate, efficient and effective
control of industrial pollution . It is for this reason that a
programme of Community provisions is not automatically
envisaged in the proposal, and for this reason also it is not
envisaged that Member States will necessarily adopt such
values for uniform application across their territory . The
decision by a Member State not to do so would be fully
compatible with the proposal .

(') COM(93 ) 423 — OJ No C 311, 17 . 11 . 1993 . Amending

COM(95 ) 88 — OJ No C 165, 1 . 7 . 1995 .

WRITTEN QUESTION E-2 190 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

{ 96 / C 56 / 22 )

Subject : European water pollution control — scope of the

IPPC Directive

The proposal for an IPPC Directive introduces a
multimedia, i.e. integrated approach . Under transitional
arrangements, it nonetheless takes over all emission
standards from Directives 84 / 360 / EEC (') ( air ) and
76 / 464 / EEC ( 2 ) ( water ). This prevents, contrary to an
undertaking given, the Council and the Commission from

updating and tightening up the provisions in the spin-off
Directives, leaving the question to the Member States .

1 . What additional benefit does the Commission except in
terms of further limitations on emissions and improved
environmental protection from this integrated aproach
in Europe and in particular in Member States with a
largely well-knit body of environmental law on
industrial plants, and from what are mainly procedural
provisions only, in view of the fact that the IPPC
Directive already to a large extent reflects the state of the
art, in that it, at all events, takes over the existing
Directives ?

2 . In terms of the integrated approach, are the IPPC
proposal 's emission standards which have been taken
over compatible at all with a Directive ?

3 . Should not the scope of the IPPC Directive be restricted
only to those industries causing multimedia pollution or
focus on key large industrial plants which do actually
emit particularly hazardous substances into several
media ?

(') OJ No L 188, 16 . 7 . 1984, p . 20 .

( 2 ) OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 30 October 1995 )

Pollution control technology is always developing, hence the
dynamic concept of best available technology ( BAT ) in the
draft integrated pollution prevention and control ( IPPC )
Directive ('). It is inaccurate, therefore, to say for example
that Directives 76 / 464 / EEC and 84 / 360 / EEC represent the
state of the art in their respective fields . By adopting the
IPPC Directive, with existing limits as minimum values and
the requirement to base emission limits on the latest
technological developments, the Council will provide for the
updating and tightening over time of controls on emissions
to air and water from the installations covered under IPPC .

Further additional benefit will derive from emission limits

tailored to the individual requirements of the installation,
taking into account the requirements of all environmental
media in an integrated way, and based on the continually
evolving technological possibilities in the sector concerned .
The scope of the IPPC Directive is, broadly speaking, limited
to large industrial plants causing multimedia pollution
and those emitting dangerous substances into the
environment .

(') Doc . COM(95 ) 88 — OJ No C 165, 1 . 7 . 1995 . Amending

COM(93 ) 423 — OJ No C 311, 17 . 11 . 1993 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 13

QUESTION E-2 197 / 95 environmental benefit achieved . It is not, however, possible

Schleicher ( PPE ) to make any sensible estimate of the total cost of

to the Commission implementation at this stage, given also the length of the
transitional period to IPPC .

WRITTEN QUESTION E-2 197 / 95

by Ursula Schleicher ( PPE )

( 28 July 1995 )

( 96 / C 56 / 23 ) (') COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

( 2 ) COM(93 ) 423 final — OJ No C 3 1 1, 1 7 . 1 1 . 1 993 . Amended by

COM(95 ) 88 final — OJ No C 165, 1 . 7 . 1995 .

Subject : European water pollution control — cost of

transposing the water Directives

Given the two extremes that the IPPC Directive and the

ecological water quality Directive represent, costs play a
significant role . In connection with the IPPC Directive, it is
difficult to estimate the costs of new multimedia standards ;
the focus, rather, should initially be on the savings and
benefits for a European environment industry .
Incorporation of a third purification stage for achieving
better ecological water quality has inevitably raised the issue
of the costs of the Directive for treating local authority
sewage . The ecological water quality Directive includes the
cost of all measures to clean up and rehabilitate water
resources and other sources of pollution in the broadest

sense .

1 . What information does the Commission have on the

cost of investment to meet the targets of the ecological
water quality Directive and the IPPC Directive ?

2 . Are such far-reaching obligations practical if the
investment costs they generate cannot be realistically
estimated and the problem of cost — as in the case of

'
local authority sewage — does not enter the political
debate until after the event ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 31 October 1995 )

With regard to the proposal for an ecological quality of
water Directive ('), the best estimate of the additional
investment costs necessary to meet the obligations of the
Directive is based on an extrapolation of the costs of the
Rhine action programme and is put at some ECU 3 000
million . Estimates were presented in the explanatory
memorandum to the Commission 's proposal . Decisions
concerning the pace at which measures should be adopted
have been left to individual Member States, so the annual
cost is impossible to assess .

The concept of cost benefit is explicitly integrated into the
proposal for a Council Directive concerning integrated
pollution prevention and control ( IPPC ) ( 2 ), in its definition
of best available technology ( BAT ). As stated in the
explanatory memorandum, the proposal for setting and
updating emission limit values on BAT is intended to align
environmental requirements with technical progress while
giving industry greater confidence in the life expectancy of
the operating conditions of a permit . It is intended that costs
born by industry will in all cases be proportionate to the

WRITTEN QUESTION E-2206 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 56 / 24 )

Subject : European water pollution control : EU competence

and subsidiarity

The new proposal for a bathing water Directive and the
Directive on the ecological quality of water create a
comprehensive right under Community law . The premise is
that all citizens have the right to clean bathing water and
that practically all stretches of water and all sources of
pollution must, in accordance with the guidelines of the
ecological water Directive, be logged and cleaned up by the
Member States .

1 . Is a comprehensive competence for the environment
compatible with the Treaty ?

2 . Does this approach really accord with the principle of
subsidiarity ?

3 . Does the Commission believe it is really possible to
manage and monitor Europe-wide protection of the
environment from Brussels ?

4 . Does the Commission not feel that there is a need for a

new approach, specifically confined to urgent problems
requiring a solution at Community level and significant
stretches of water ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(3 November 1995 )

1 and 2 . Community environment policy is governed by
Article 130r of the EC Treaty which makes no distinction
between environmental issues of different geographical
scales .

It is also, of course, governed by the principle of subsidiarity
in Article 3b of the EC Treaty . However, both the proposal
for a Council Directive concerning the quality of bathing

No C 56 / 14 EN Official Journal of the European Communities 26 . 2 . 96

water ( ) and the proposal for a Council Directive on
ecological quality of water ( 2 ), with the principle of
subsidiarity . They set the minimum standards and
procedures necessary at Community level in order to meet
the requirements of Article 13 Or of the EC Treaty, but they
leave many, if not all, of the operational details to the
Member States .

3 . The Commission does not ' manage and monitor
Europe-wide protection of the environment from Brussels ',
nor would it be sensible to do so . Management and
monitoring are undertaken at national or regional level by
the relevant authorities, within the framework of
Community and national legislation .

4 . The Commission does not agree with the approach
outlined in part 4 of this question .

(') COM(94 ) 36 final — OJ No C 112, 22 . 4 . 1994 .

( 2 ) COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

WRITTEN QUESTION E-22 10 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 56 / 25 )

Subject : European water pollution control : Amendment of

the bathing water Directive ; overlap with other
environmental requirements

The bathing water Directive 76 / 160 / EEC (') was originally
intended not to create bathing water areas but to establish
an obligation, in respect of waste water disposal, on the part
of local authorities and industry, and to control pollution
from agriculture . A whole series of water Directives with
such obligations have since been adopted, in particular
Directive 91 / 271 / EEC ( 2 ) on urban waste water treatment
and the seven specific Directives pursuant to Directive
76 / 464 / EEC ( 3 ). Nevertheless, the proposed amendment to
the bathing water Directive does not bring the
comprehensive right to have bathing water cleaned up and
monitored in line with the current position under the law .
The attempt to monitor these bathing places from Brussels
also seems out of place . There are currently 16 000
registered bathing places which are to be subject to a
European monitoring system .

1 . How do the two objectives of improved bathing water
quality and good or high ecological water quality relate
to each other ?

2 . Should not EU monitoring and testing be confined to
supraregional bathing places which are particularly
affected by tourism ?

3 . What are the Commission 's views on a voluntary
system, participation in which would lead to a special
award by the European Union ?

(') OJ No L 31, 5 . 2 . 1976, p . 1 .

( 2 ) OJ No L 135, 30 . 5 . 1991, p . 40 .

( 3 ) OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 30 October 1995 )

The bathing water Directive 76 / 160 / EEC sets out the quality
criteria and the monitoring requirements for bathing waters
all over the Community . Every Member State is responsible
for the implementation of the Directive and therefore for the
monitoring of its bathing areas . The results of this
monitoring are sent to the Commission which subsequently
publishes an annual report concerning the quality of bathing

waters .

1 . The common denominator between bathing water
quality and good or high ecological water quality is
urban waste water which is a frequent polluter of
both .

Concerning bathing water, attention is primarily given
to the microbiological parameters . The precise point of
discharge of urban waste water is of great importance .
The proposed ecological quality of water Directive (*)
uses a broader perspective and takes into consideration
any pollution which could have an impact upon the
ecological quality of the receiving water . This could
include microbiological contaminants but will also
include high levels of nutrients and other pollutants such
as heavy metal .

2 . Bearing in mind the favourable reactions of the public,
the Commission thinks that the present system is quite
successful and is not considering replacing it with
anything radically different . The proposal for the
revision of the bathing water Directive ( 2 ) keeps the
same structure, though adapting the Directive to present
technical and scientific knowledge .

3 . The Commission will consider this idea in the future in

addition to the requirements of the bathing water
Directive . It should be recalled that a voluntary system
of this sort already exists, operated by the Foundation
for environmental education in Europe, Denmark

( FEEE ) and the special awards are called ' blue flags '.

(') COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

( 2 ) COM(94 ) 36 final — OJ No C 112, 22 . 4 . 1994 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 15

WRITTEN QUESTION E-2211 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 56 / 26 )

Subject : European water protection : Framework Directive

76 / 464 / EEC and the eco-audit

Directive 76 / 464 / EEC ( ] ) and the proposal for the IPPC
Directive call for the use of ' the best available technologies
and techniques to avoid, if possible, or reduce pollution of
the environment '. The Directive allows derogations for
Member States which permit greater discharges than those
in the strict EU emission standards, if this is not detrimental
to the water-quality objectives of the Community . The
eco-audit regulation introduced a new instrument :
environment quality management and certification for
good environmental behaviour following testing by an
independent expert . The conclusion that may be drawn is
that good environmental behaviour is being tested on the
basis of compliance with the licensing conditions . However,
because of the derogation in Article 6 of Directive
76 / 464 / EEC, a company in a Member State which pursues
the quality objective can receive a test certificate even
though it has had significantly lower limit values authorized,
and is hence making less of an effort in terms of protection of
the environment, while a company in another Member State
which only just fails to comply with more stringent national
or European emission standards is refused a certificate .

What is the significance, for a certificate pursuant to the
eco-audit regulation, of confirmation of compliance with
licensing conditions if the latter relate to different technical
standards in Europe ?

(M OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

differing local conditions, differing perceptions of
environmental problems and of the principle of
subsidiarity .

The Commission is of the opinion that this is a general
problem when dealing with environmental protection and
equal conditions of competition rather than a specific
problem for the Emas Regulation .

(') COM(93 ) 423 — OJ No C 31 1, 17 . 11 . 1993, as amended by

COM(95 ) 88 — OJ No C 165, 1 . 7 . 1995 .

WRITTEN QUESTION E-2221 / 95

by Philippe-Armand Martin ( EDN )

to the Council

( 28 July 1995 )

( 96 / C 56 / 27 )

Subject : Allocation of inulin syrup quotas

Council Regulation ( EC ) No 133 / 94 of 24 January 1994 ( 1 )
and Commission Regulation ( EC ) No 392 / 94 of
23 February 1 994 ( 2 ) include details of the arrangements for
declaration and allocation of quotas for the production of
inulin syrup .

In the context of the Commission 's inquiry into the
allocation of production quotas for inulin syrup for the

1994 / 95 marketing year, a check was carried out in France
in July 1995 .

The results of this inquiry are important for the
development of the chicory fructose sector .

What are the results of this inquiry, which dates back almost
a year ?

on behalf of the Commission (') OJ No L 22, 27 . 1 . 1994, p . 7 .

(1 December 1995 ) ( 2 ) OJ No L 53, 24 . 2 . 1994, p . 7 .

Companies wishing to be registered in Emas ( the
eco-management and audit system ) must adopt an
environmental policy which provides for compliance with
all relevant regulations regarding the environment .
Compliance with legislation is therefore a prerequisite for
participation in Emas . A commitment, aimed at the
continuous improvement of environmental performance
going beyond legal compliance, is required in order to be
registered in the scheme .

Where alternate approaches are allowed, such as in
Directive 76 / 464 / EEC and the proposed Directive on
integrated pollution prevention and control ('), Member
States may choose the most appropriate control method in
order to achieve a high level of environment protection . This
allows for differences in environmental legislation amongst
the Member States, as the Honourable Member rightly
indicates in her question, and is also a consequence of

Answer

( 21 December 1995 )

The Council would point out to the Honourable Member
that the checks mentioned in his question are the
responsibility of the Commission . As regards the setting of
quotas for the production of inulin syrup, the Council
would give a reminder that :

— in Regulation ( EC ) No 133 / 94, the Council extended the

sugar arrangements generally until the end of the

1994 / 95 marketing year . On that occasion the Council
also decided to extend those arrangements to the
production of inulin syrup ;

— under Article 1, point 17, of Regulation ( EC )
No 133 / 94, the Member States were directed to assign A

No C 56 / 16 EN Official Journal of the European Communities 26 . 2 . 96

and B quotas to undertakings producing inulin syrup in
their territory . The detailed rules for calculating the
quotas in question were laid down in Commission
Regulation ( EC ) No 392 / 94 ;

— on 24 April 1995 the Council adopted Regulation ( EC )

No 1101 / 95 (') which amends the Community sugar
arrangements and in Article 1, point 3, confirms until the
2000 / 01 marketing year the quotas for the production of
inulin syrup definitively assigned by the Member States
to undertakings producing inulin for the 1994 / 95
marketing year .

Finally, the Council would draw the Honourable Member 's
attention to the reply the Commission gave him on
29 September 1 995 to the same question .

(') OJ No L 110, 17 . 5 . 1995, p . 1 .

WRITTEN QUESTION E-2274 / 95

by Elly Plooij-van Gorsel ( ELDR )

to the Commission

( 31 July 1995 )

( 961 C 56 / 28 )

Subject : Presence of the UEAPME in the social dialogue

1 . Is the Commission aware that the European Union of
Craft Industries and Small and Medium-Sized Enterprises,
UEAPME, represents small businesses and craft trades in
Europe ?

2 . Is it aware that 99 % of businesses in Europe are in the
SME category and that 70% of the total workforce is
employed by them ?

3 . Does it consider it right that the UEAPME is not
invited to discussions on European agreements to
implement the Social Protocol, such as the meeting of
30 May 1995 at the Commission ( with Mr Santer and Mr
Flynn )?

4 . Is there any point in the social dialogue if the
organization representing European small businesses
cannot contribute to it ?

5 . Will the UEAPME be invited to future negotiations on
the Social Protocol ?

70 % of total private sector employment in Europe, is
explicitly recognised by the Commission in its white paper
on growth, competitiveness and employment ( 1 ). Following
from this, the aim of the decision 's integrated programme in
favour of SMEs and the craft sector ( 2 ) is to capitalise
fully on the employment creation potential of SMEs
by implementation of a comprehensive framework of
interdependent and concerted measures .

The Commission appreciates the important role which
UEAPME plays as a representative organization of SMEs in
Europe . In this context, the President of the Commission
met the Secretary-General of UEAPME on 24 April 1995,
and the Commissioner responsible for SMEs met a
delegation of UEAPME on 23 February 1995 .

In accordance with the criteria for the implementation of the
protocol on social policy, the Commission consults
regularly the European organizations representative of the
social partners, including UEAPME, also speaking in the
name of other organizations representing craft and small
and medium-sized enterprises .

The Commission will continue to consult UEAPME and

other organizations and, in this context, will examine
the possibility of increasing the number of European
organizations representing business interests, and in
particular SMEs, in the consultation mechanisms envisaged
for those Community programmes which have a direct
bearing on the business sector . It may be mentioned, for
instance, the participation of UEAPME as a full member of
the Round table of bankers and SME organizations, and as
an observer on the committee for the Leonardo

programme .

As regards the social dialogue leading to the conclusion of
agreements at European level in accordance with Article 4 of
the Agreement on social policy and Article 118B of the EC
Treaty, the Commission considers that it is mainly for the
social partners themselves to agree on their representatives .
The meeting held with certain of the social partners on
30 May took place in this context .

(') COM(93 ) 700 .

( 2 ) COM(94 ) 207 final .

WRITTEN QUESTION E-23 17 / 95

by Jesús Cabezón Alonso ( PSE )
and Juan Colino Salamanca ( PSE )

to the Commission

(1 September 1995 )

Answer given by Mr Papoutsis ( 96 / C 56 / 29 )

on behalf of the Commission

( 20 November 1995 )
Subject : EU funding for the Comillas Foundation

The vital role played by small - and medium-sized enterprises The EU, Unesco and the Interamerican Development Bank

( SME ), accounting as they do for 99 % of enterprises and will contribute to the funding of the Comillas Foundation,

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 17

as also will the Autonomous Community of Cantabria and
the Government of Spain, pursuant to the agreement
reached in early July by the above institutions .

In what way will the EU contribute to the future activities of
the Comillas Foundation ?

How will the EU Institutions participate in the governing
bodies of the Comillas Foundation and in monitoring its
activities ?

Answer given by Mr Oreja
on behalf of the Commission

( 27 November 1995 )

The Commission informs the Honourable Members that

any future activities of the Comillas Foundation could be
considered in the framework of the Raphael programme,
which is currently before Parliament and the Council, and
possibly in the framework of the ALFA programme .

There is no provision so far for participation of Community
institutions in the governing bodies of the Comillas
Foundation .

WRITTEN QUESTION E-2356 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Council

(1 September 1995 )

( 96 / C 56 / 30 )

Subject : Ariane programme

On 21 June 1995 the Council of Ministers of Culture failed
to approve the Ariane programme to support the
dissemination of works of literature and drama and

reference works, through translation, despite a unanimous
decision one week before by the General Affairs Council to
support linguistic diversity in Europe .

As, in its decision, the General Affairs Council confirms the
importance to the European Union of its linguistic diversity
as an essential aspect of the European dimension, and
identity and our common cultural heritage and reiterates the
importance it attaches to the equality of the official
languages which are also the working languages of the
European institutions, as the programme is open to
participation by the associated countries of central and

eastern Europe, Cyprus and Malta, and as the Ariane
programme has been substantially cut in duration and in
funding :

1 . Does the Council believe that there is no point in a
programme to encourage multiformity in creative
writing and cultural interaction in Europe ?

2 . What has the Council of Ministers of Culture learnt

from the European campaign for awareness of books
and reading ( 1993 / 94 ) organized by the EU and the
Council of Europe, and how does it imagine there can be
a constructive follow-up to that campaign ?

3 . What general concept of cultural activities led to the
reduction and then cancellation of funding for the
Ariane programme ? Does the Council perhaps think
that literary inspiration and creation flourishes only in
certain geographical and linguistic environments ?

4 . Does the Council consider that its action and omissions

to date are furthering the aims of Article 128 of the
Treaty ?

Answer

( 20 December 1995 )

At its meeting on 21 June 1995 the Council was unable to
take a decision on the Ariane programme, to which the
co-decision procedure with the European Parliament is
applicable . It was agreed to consider the possibility
of broadening the proposed programme, with greater
weight being given to book-related aspects other than
translation .

On 28 July 1995 the Commission sent the Council an
amended proposal concerning the establishment of a
support programme in the field of books and reading
through the medium of translation ( Ariane ).

WRITTEN QUESTION E-2437 / 95

by Bengt Hurtig ( GUE / NGL )

to the Council

(1 September 1995 )

( 96 / C 56 / 31 )

Subject : Translation of Council documents

The Commission manages to make all its press information
immediately available in French and English, closely

No C 56 / 18 EN 1 Official Journal of the European Communities 26 . 2 . 96

followed by other languages ; can the Council Presidency say
how long we will have to wait before the same is true of the
Council ?

Does the Presidency agree that the openness and
transparency of Council decision-making is undermined by
the fact that it takes weeks and sometimes more before

information on Council meetings is available in other than
French ?

What steps will the Council be taking to bring about
changes ?

Answer

( 20 December 1995 )

Answer given by Mrs Cresson

on behalf of the Commission

( 30 October 1995 )

The Commission is aware of the increasing concern at the
results of studies indicating falling human sperm counts and
recent Danish, German and British scientific reports which
identify exposure to certain classes of chemicals as a possible

cause .

The Honourable Member is requested to refer to the answer
given on this subject to Written Question E-386 / 95 of Mrs
Gyldenkilde (').

In addition, the risk assessment of chemicals on human
health and the environment is one of the priority areas in
the new environment and climate research programme

( 1994 — 1998 ). Research proposals addressing the effects of
man-made chemicals on the human reproductive system are
eligible for support under this area of the programme .

The Council is aware that the situation regarding the
deadlines for the translation of its General Secretariat 's press (') OJ No C 179, 13 . 7 . 1995 .
releases is not satisfactory . This is due essentially to the fact
that the Council is forced to give top priority to the
translation of the documents necessary to carry out its own
activities : meetings of the Council and its preparatory
bodies . As a result, other documents, including press
releases, are often subject to regrettable delays, particularly
during the Council 's peak work periods, i.e. towards the end WRITTEN
of the six-monthly Presidencies . by Monica

WRITTEN QUESTION E-2449 / 95

by Monica Baldi ( UPE )

Allowing for the limited staffing levels of its translation
departments, the General Secretariat of the Council is
making every effort to reduce the translation times for press
releases .

WRITTEN QUESTION E-2441 / 95

by Thomas Megahy ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 56 / 32 )

Subject : Male fertility threat

French men are producing a third fewer sperms than they
did 20 years ago . Sperm counts in Scottish men have
dropped off by over 40% . Now experts have concluded
faling sperm counts are a problem across the industrialized
world, and exposure to man-made chemicals is the probable
culprit . What proposals has the Commission to deal with
this problem ?

to the Council

(1 September 1995 )

( 96 / C 56 / 33 )

Subject : Proposal for a Tenth Council Directive on
company law

One of the basic conditions for the establishment of a

uniform internal market is the introduction of Community
legislation making it easy for companies to adapt their own
legal structure to the scale of the Community .

Legislation governing mergers between public limited
companies from different Member States is of decisive
importance in this connection .

Tax problems and those stemming from the lack of
equivalent regulations on the representation of workers in
the organs of public limited companies have already been
tackled and solved ( Council Directive 90 / 434 / EEC (') of
23 July 1990 ).

Although the procedure for mergers of companies within
the same State has already been harmonized in the
Third Council Directive on company law ( Directive
78 / 855 / EEC ( 2 ) of 9 October 1978 ), the provisions thereof
are still unable to be called on to solve the special problems
of mergers within the Community .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 19

Accordingly, can the Council say why the proposal for a what reasons are there for effectively protecting this
Tenth Council Directive based on Article 54 ( 3 ) ( g ) of the oligopoly against all competition from new operators ?
Treaty concerning cross-border mergers of public limited
companies ( 3 ) has still not been adopted ? (') OJ No L 47, 25 . 2 . 1993, p . 1 .

(•) OJ No L 225, 20 . 8 . 1990, p . 1 .

( 2 ) OJ No L 295, 20 . 10 . 1978, p . 36,
(') OJ No C 23, 26 . 1 . 1985, p . 11 . Answer

( 20 December 1995 )

Answer

( 20 December 1995 )

A proposal for a tenth Directive on company law,
concerning cross-border mergers of public limited
companies, was submitted by the Commission to the
Council in a letter of 14 January 1985 .

The Council consulted the European Parliament on this
proposal for a Directive in a letter of 31 January 1985 .
However the European Parliament has not delivered its
opinion to date . The Council has therefore been unable to
examine the proposal .

WRITTEN QUESTION E-2471 / 95

by Werner Langen ( PPE )

to the Council

(1 September 1995 )

( 96 / C 56 / 34 )

Subject : Reform of the organization of the market in

bananas

1 . Is it true that the Council interprets the term ' new
operators ' in Regulation ( EEC ) No 404 / 93 ( ! ) in the sense of
' once a new operator, always a new operator '?

2 . On what provisions of basic Regulation ( EEC )
No 404 / 93 does the Council base this interpretation, and
why is the Council departing in the case of the organization
of the banana market from the ' new operator ' provisions of
the organization of the market in other products ?

3 . Is it true that new operators within the meaning of
Regulation ( EEC ) No 404 / 93 have hitherto received licences
for quantities of between 30 and 70 tonnes per year, and is
the Council aware that, given the structure of the dollar zone
banana trade, annual quotas of 30—70 tonnes rule out any
genuine follow-up competition ?

4 . Is it true that the Council sets an annual maximum

quota for the import of bananas from the dollar zone ?

5 . Is the Council aware that the dollar zone banana trade

is virtually controlled by an international oligopoly, and

1,2 and 3 . Article 19 ( 1 ) of Regulation ( EEC ) No 404 / 93
gives operators who started marketing bananas from 1992,
3,5 % of the tariff quota of 2,2 million tonnes opened every
year for third-country and non-traditional ACP bananas .
Article 15 ( 5 ) of the same Regulation defines marketing as
meaning placing on the market, not including making tiie
product available to the final consumer .

The concept of ' new operator ' may therefore cover any
natural or legal person who, since 1992, has undertaken the
commercial risk of marketing bananas ( see 16th recital
of Regulation ( EEC ) No 404 / 93 ). In this connection,
Article 19(1 ) provides that the Commission is to lay down,
by the Management Committee procedure, supplementary
criteria to be met by operators, including new operators .

Finally, Article 19 ( 3 ) provides that, if the volume of
applications from new operators exceeds 3,5 % of the tariff
quota, each application shall be reduced by an equal

percentage .

As a result, when the volume of applications from new
operators is very high, it is possible that only a limited
quantity may be granted for each application .

4 and 5 . Pursuant to Article 19 of Regulation ( EEC )
No 404 / 93, the tariff quota of 2,2 million tonnes for
importers of third-country bananas and non-traditional
ACP-bananas is distributed as follows :

— 66,5 % to operators who previously marketed
third-country bananas or non-traditional bananas ;

— 30 % to operators who previously marketed
Community or traditional ACP bananas ;

— 3,5 % to new operators who started marketing bananas

other than Community or traditional ACP bananas from

1992 .

Thus, in distributing the tariff quota the Council has
established a balance between operators who previously
marketed particularly third-country bananas and those who
previously marketed essentially Community bananas .

There is therefore no question of Regulation ( EEC )
No 404 / 93 protecting de facto an international
oligopoly .

No C 56 / 20 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION E-2480 / 95

WRITTEN QUESTION E-2479 / 95 WRITTEN QUESTION E-2480

by James Moorhouse ( PPE ) by James Moorhouse ( PPE )

by James Moorhouse ( PPE )

to the Council to the Council

( 13 September 1995 ) ( 13 September 199 5 )

( 96 / C 56 / 35 ) ( 96 / C 56 / 36 )

Subject : Qualified majority voting in the Council

In Annex V(c ) of its report to the European Council on the
Functioning of the Treaty on European Union, the Council
gives statistics relating to the use of Article 189(b ), the
so-called ' co-decision ' procedure .

Could the Council publish a list showing how many of the
common positions established under Article 189(b ) since
the Treaty on the European Union came into effect were
subject to a formal vote in the Council, indicating the title of
the draft legislation concerned, and the positions of each
Member State in each vote ?

Could the Council publish a similar list in respect of

'
Article 189(c ) — the ' cooperation procedure for the period
since the Treaty on the European Union came into
effect ?

Answer

Subject : Secrecy and the 1996 Intergovernmental
Conference

Article 4 (. 1 ) of the Council 's Rules of Procedure states that
its meetings ' shall not be public ' except in the case of certain
general policy debates or when the Member States
unanimously decide otherwise . Could the Council :

1 . Indicate whether it considers that Article 4 ( 1 ) of the
Rules of Procedure applies by extension to meetings of
representatives of Member States in the forum of the

1996 Intergovernmental Conference ?

2 . Indicate, if not, who is responsible for the decision
or practice that meetings of Intergovernmental
Conferences should be held in secret ?

3 . Indicate whether it regards individual Member-State
representatives as free to publish or discuss publicly
papers submitted to an IGC confidentially by another
Member State ?

4 . Indicate what general policy towards openness the
Member States intend to apply in respect of the 1996
IGC, bearing in mind the importance asserted in the
Birmingham Declaration of Europe being ' close to its
citizens '?

( 22 December 1995 ) Answer

( 20 December 1995 )

1 . Where the record of votes in the Council is made

public, this is done in accordance with Article 7 ( 5 ) of the
Council 's Rules of Procedure adopted on 6 December 1993 .
They are published at the time of adoption of legislative acts
by means of press releases . Voting statistics are also kept and
will be published regularly in the Review of the Council 's
Work .

2 . The Council 's General Secretariat will send the

Honourable Member a list of all legislative acts adopted
with negative votes and / or abstentions during the period
6 December 1993 to 31 December 1994, indicating the
delegations that voted against or abstained in each case .

3 . The General Secretariat does not have any lists of votes
taken pursuant to Articles 189b and 189c of the EC Treaty,
but it is willing to draw up such a list and put a complete
table at the Honourable Member 's disposal as soon as all the
data have been collected .

1 to 4 . The Council 's Rules of Procedure do not apply to
Intergovernmental Conferences .

The 1996 Intergovernmental Conference will decide when
the time comes, what it deems appropriate, for the conduct
of its own business and, if need be, for general policy on

openness .

WRITTEN QUESTION E-2483 / 95

by Leen van der Waal ( EDN )

to the Council

( 13 September 1995 )

( 96 / C 56 / 37 )

Subject : Boycott of celebrations to mark the 3000th

anniversary of the foundation of Jerusalem

According to reports in the press, the ambassadors of Spain,
France and Italy have informed Israel 's Ministry of Foreign

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 21

Affairs, on behalf of the Troika, that the EU will not
participate in any way in the celebrations to mark the
3000th anniversary of the foundation of Jerusalem .
Moreover, it was made clear to the Ministry that no
financial support would be provided for any event
organized in connection with the anniversary .

1 . Can the Council confirm these reports ?

2 . Why has the Council decided to boycott the celebrations
to mark the 3000th anniversary of the foundation of
Jerusalem ?

3 . Does not the Council believe that the unique fact that the
city has been in existence for three millennia justifies a
celebration of a universal character ?

4 . What conditions would the festivities have to meet in

order to be eligible for EU participation or funding ?

5 . What criteria will the Council use to ascertain whether

or not events are connected with the 3000th anniversary
celebrations for the purpose of deciding whether to
grant financial assistance ?

Answer

( 20 December 199 5 )

According to its Israeli organizers, the Jerusalem 3000
Festival is intended to ' mark 3000 years since King David
made Jerusalem the capital of his Kingdom '. The City of
King David was founded in what is now East Jerusalem . EU
policy on Jerusalem 3000 must, therefore, in compliance
with the resolutions of the Security Council of the UN

( 252 / 68, 267 / 69, 298 / 71, 476 / 80 ), take account of the
Union 's long-standing policy of acknowledging de facto
Israeli control in West Jerusalem while withholding de jure
recognition ; and opposing the Israeli annexation of East
Jerusalem .

The EU must also bear in mind that, according to the
Declaration of Principles agreed between Israel and the
Palestine Liberation Organization ( PLO ) on 13 September

1993, bilateral negotiations on the final status of Jerusalem
should begin no later than May 1996, at which time
Jerusalem 3000 will still be running . The EU has consistently

maintained that, in advance of these negotiations, nothing
should be done which might prejudge their outcome .

Against this background the EU has concluded that, as
currently conceived, the Jerusalem 3000 Festival might
emphasise at a critical stage in the Middle-East Peace
Process the Israeli claim to Jerusalem as its ' eternal and
undivided ' capital . It also fears that the multi-religious,
cultural and social character of the City may not be properly
reflected by the Festival . It has accordingly concluded that,
under these circumstances :

— no financial backing will be available from Community

resources or the national Governments of Member

States for events held under the auspices of Jerusalem

3000

— official invitations to events held under the auspices of

Jerusalem 3000 will not be accepted by national

Governments

— mention of the Festival in cultural protocols or
agreements will be avoided .

The Israeli authorities are aware of the Union 's position .

It is for the Festival organizers and the Israeli authorities
to consider how to respond to the EU 's concerns about
Jerusalem 3000 . Nonetheless, the EU and the national

Governments of Member States are perfectly willing, as
appropriate, to accept invitations and contribute financially
to events in Jerualem in the coming months which will not
take place under the auspices of Jerusalem 3000 and which
are compatible with EU-policy on Jerusalem . However, the
official programme of Jerusalem 3000 does not specify
which of the events it lists will and will not be under the

auspices of the Festival . The EU is, therefore, seeking
assurances from the Israeli authorities about the status of

each of these events .

WRITTEN QUESTION E-2489 / 95

by Jannis Sakellariou ( PSE )

to the Council

( 13 September 1995 )

( 96 / C 56 / 38 )

Subject : Blinding laser weapons

1 . Is the Council aware that

— the laser weapons systems developed in the USA and

codenamed Laser Countermeasure System ( LCMS ),
Saber 203, Stingray, Outrider, Dazer, Cobra, Perseus,
Coronet Prince, Compass Hammer and Cameo Bluejay
are among those defined as potentially blinding laser
weapons ?

— the US Government will be deciding in the next few

months whether to bring some of these weapons systems
into mass production ?

— such mass production would be the firset on this scale in

the USA, if not in the world ?

2 . What measures does the Council intend taking in this
matter ? If it has no plans to take any measures, why
not ?

No C 56 / 22 EN Official Journal of the European Communities 26 . 2 . 96

3 . Is the Council aware that other countries such as

Russia, China, the Federal Republic of Germany, the United
Kingdom and Israel have research and development
programmes for tactical laser weapons ?

4 . Is the Council also aware that more than 20 different

European States, led by Sweden, are striving to bring about
the prohibition of blinding laser weapons by means of an
international agreement ( in the form of a protocol to the
1980 Conventional Weapons Convention )?

5 . Does the Council have plans to support this initiative ?
If so, what are they ? If not, why not ?

Answer

( 21 December 1995 )

The issue of blinding laser weapons has been carefully
examined by Council bodies in the context of the common
foreign and security policy .

On 13 October 1995, in the context of the Review
Conference for the United nations Convention on

Conventional Weapons, an additional Protocol IV to that
Convention was adopted (' Protocol on blinding laser
weapons '), which prohibits the use and transfer of blinding
laser weapons .

The Member States had previously actively promoted the
adoption of such a Protocol, in accordance with the
common position adopted by the Council on 18 September

1995 . The Council notes that, since the adoption of the
common position, certain of the Union 's partners have
adopted similar positions to that of the Union .

WRITTEN QUESTION E-2500 / 95

by Amedeo Amadeo ( NI )

to the Council

( 16 September 1995 )

( 96 / C 56 / 39 )

Will the Council attempt to find out why the money has not
been spent ? Will it consider the possibility of introducing a
system of supervision that would be binding on all the
Member States ?

Answer

( 20 December 1995 )

The Honourable Member 's attention is drawn to the fact

that the allocation and use of appropriations in national
budgets, and the control of such use, fall within the
competence of the Member States .

WRITTEN QUESTION E-2502 / 95

by Amedeo Amadeo ( NI )

to the Council

( 16 September 1995 )

( 96 / C 56 / 40 )

Subject : Cooperation with the Third World

The Italian State Audit Court has found the State budget to

be wanting as regards the management of funds for
development cooperation . One especially disquieting matter
to have been raised is implementation of the Schengen
Agreement .

The Court notes that whereas the European Union Member
States have for some time been equipped with efficient
means of action to control immigration from outside
the Community, having in some cases entered into
an understanding with ' high-risk ' countries, Italy 's
performance is strangely weak .

Italy is in danger of being relegated on to the sidelines of
international integration unless it rapidly alters the thrust of
its measures to promote development in the home countries
of non-Community immigrants . Will the Council therefore
exert pressure on Italy — which after all is a Member State
— to make it come into line more quickly ?

Subject : Environment Answer

( 21 December 1995 )
All of the Union Member States are making great efforts to
protect the environment . The Italian State Audit Court has
published a report on the activities of the Ministry for the The Council would point out to
Environment in the past year . It is worrying to note that Member, firstly, that the Schengen
unused appropriations have increased even though the intergovernmental cooperation which is
Ministry 's resources have been cut back ( from Lit 867 European Union and, secondly, that it is
billion in 1991 to Lit 441 billion in 1994 ). At the end of to approach a Member State on

1994, a total of Lit 3 636 billion had not been disbursed,
48,5 % of which ( Lit 1 764 billion ) being accounted for by
budget surpluses, which rose by 5,2 % compared with the
previous year .

The Council would point out to the Honourable
Member, firstly, that the Schengen Agreements involve
intergovernmental cooperation which is independent of the
European Union and, secondly, that it is not for the Council
to approach a Member State on matters of internal
management on the basis of criticism from a national
body .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 23

WRITTEN QUESTION E-25 14 / 95

by Michl Ebner ( PPE )

to the Council

( 16 September 1995 )

( 96 / C 56 / 41 )

Subject : Ban on nazi and fascist insignia and symbols

Although there have been celebrations of the 50th
anniversary of the end of the Second World War and hence
the end of fascist and Nazi tyranny, there is evidence in
Europe today of trends towards racism and xenophobia
which cannot be ignored .

In this connection I should like to inform the Council that in

early December 1994 a public house in Bolzano ( South
Tyrol — Italy ) was offering a special wine with a portrait of
Benito Mussolini on the label . Court proceedings were
initiated by a member of the Landtag but no action was
taken by the examining magistrate on the grounds that this
did not constitute glorification of fascist personalities or
ideology . In April 1995 the same public house was offering
for sale a ' Fiihrer wine ' with Hitler 's portrait on the
label .

In the light of the final report of the Advisory Committee on
' Racism and Xenophobia ' and, in particular, point 6 of the
report of the Subcommittee on ' Police and Justice ' which is
concerned with the dissemination of racist material, and in
the spirit of the resolution of the European Council of
Cannes on 26 and 27 June, what does the Council intend to
do to prevent such scandalous incidents which could lead to
fascist / nazi dictators and their ideology becoming socially
acceptable which would have very serious consequences at a
time of growing instability ?

Answer

( 20 December 1995 )

The Council gives maximum attention to measures to
combat racism and xenophobia as it appears that, despite all
efforts to the contrary, this kind of behaviour is still on the
increase .

The Council is mindful of the recommendations of the

Consultative Commission on Racism and Xenophobia,
which formulates very useful guidelines for resolving such
problems .

The Council bodies have just begun examining a draft joint
action under Article K.3 to combat racism and xenophobia,
further to an initiative from Spain . This draft joint action
concerns matters to do with the harmonization of the

Member States ' legislation on certain offences, the
approximation of certain of the Member States ' judicial
and administrative practices and the improvement of
international judicial cooperation .

In particular, the draft joint action contains specific
proposals on the printing, dissemination, sale and
distribution of tracts, pictures or other material containing
racist or xenophobic ideas .

Furthermore, on 5 October 1995 in Luxembourg, the
Council and the Representatives of the Governments of the
Member States meeting within the Council adopted a
resolution on the fight against racism and xenophobia in the
fields of employment and social affairs .

WRITTEN QUESTION E-2522 / 95

by Carles-Alfred Gasoliba i Bohm ( ELDR )

to the Council

( 16 September 1995 )

( 96 / C 56 / 42 )

Subject : Geographical indications and designations of

origin for agricultural products and foodstuffs

The Council approved Regulations ( EEC ) No 2081 / 92 ( ! )
and ( EEC ) No 2082 / 92 ( 2 ) on geographical indications and
designations of origin for agricultural products and
foodstuffs, and on certificates of specific character for
foodstuffs . The adoption of these two Regulations was
considered a very positive step towards a policy of
promoting quality in the food sector .

However, the implementing measures to put the provisions
of these Regulations into practice have never been carried
out, by the Commission or the Council .

What action does the Council intend to ensure that these
Regulations, which at the time aroused great hopes among
those working in the sector, will not be mere empty words ?
Does the Council not think that a policy of promoting
quality in agricultural products and foodstuffs is essential in
the current international situation of wide open markets, so
that the value of quality local and regional products,
produced specifically by traditional methods, can be
properly appreciated ?

(') OJ No L 208, 24 . 7 . 1992, p . 1 .

( 2 ) OJ No L 208, 24 . 7 . 1992, p . 9 .

Answer

( 20 December 1995 )

On 14 July 1992 the Council adopted Regulation ( EEC )
No 2081 / 92 on the protection of geographical indications
and designations of origin for agricultural products and
foodstuffs and Regulation ( EEC ) No 2082 / 92 on certificates
of specific character for agricultural products and
foodstuffs .

No C 56 / 24 EN | Official Journal of the European Communities 26 . 2 . 96

As usual, the Council entrusted the implementation and
management of the measures adopted to the Commission .
At the Council meeting held in Brussels on 29 May 1995 the
Commission explained to the Council the reasons for the
delay in the registration procedure . The delay in taking the
requisite decisions under Regulation ( EEC ) No 2081 / 92 was
the result of the large number of dossiers submitted to the
Commission . Simplified rules had to be adopted to process
some 1 400 applications for registration received in 1994,
the majority of which were incomplete . The applications
received from Austria, Finland and Sweden since their
accession to the Union in January 1995 also had to be dealt
with . It is to be hoped that all these problems will shortly be
resolved .

As regards Regulation ( EEC ) No 2082 / 92, the Commission
adopted the Community symbol provided for in Article 12
of the Regulation on 9 September 1994 ( Regulation ( EC )
No 2515 / 94 ( ] )). To date, it appears that there have been
very few applications for registration under that
Regulation .

(M OJ No L 275, 26 . 10 . 1994, p . 1 .

WRITTEN QUESTION P-2529 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Council

( 13 September 1995 )

( 96 / C 56 / 43 )

Subject : Appointment of a Belgian judge to the Court of

Justice

Article 167 of the EC Treaty says that judges and
advocates-general of the Court of Justice must be ' chosen
from persons whose independence is beyond doubt and who
possess the qualifications required for appointment to the
highest judicial offices in their respective countries or who
are jurisconsults of recognized competence '.

In early September the Belgian Government nominated as a
judge of the Court of Justice its former Deputy Prime
Minister and Minister of Defence .

1 . Does the Council believe that a person who has been a
minister for a continuous period of almost 15 years
can acquire overnight, and without any period of
' delousing ', sufficient independence with regard to the
Member State government of which he / she was part ?

2 . Can the Council provide a list of precedents showing
that career politicians have switched from one day to the
next from politics to the respectable post of judge or
advocate-general of the Court of Justice ?

3 . Has the Belgian Government given the Conference of
representatives of the Governments of the Member
States, which has to confirm the formal appointment of
a judge of the Court of Justice, sufficient grounds to
show that the person in question meets the requirements
for appointment to the highest judicial offices in
Belgium ? If so, what grounds ?

4 . Is the person in question known to the Council as a
' jurisconsult of recognized competence ' with a thorough
knowledge of European legislation ? If so, can the
Council provide me with a list of the academic articles
which he has written on the subject of European
legislation ?

5 . If the answers to questions 1, 2 and 3 are ' no ', can the
Council give a sound reason why the Conference of
representatives of the Governments of the Member
States should formally appoint the person nominated by
Belgium ?

Answer

( 20 December 1995 )

It is not for the Council to take a position on the questions
raised by the Honourable Member .

In accordance with the first paragraph of Article 167 of the
EC Treaty, and the equivalent provisions of the ECSC and
Euratom Treaties, quoted by the Honourable Member,
judges are appointed by common accord of the governments
of the Member States . Mr Wathelet was appointed on
this basis at a Conference of Representatives of the
Governments of the Member States held in Brussels on

13 September 1995 .

WRITTEN QUESTION E-2533 / 95

by Detlev Samland ( PSE )

to the Commission

( 20 September 1995 )

( 96 / C 56 / 44 )

Subject : Community support for North-Rhine Westphalia

in 1994

How much money was given by the European Union to
North-Rhine Westphalia in 1994, and for what measures,
from

1 . the European Regional Development Fund ( ERDF ),

2 . the European Agricultural Guidance and Guarantee
Fund ( EAGGF ) — Guidance Section,

3 . the European Agricultural Guidance and Guarantee
Fund ( EAGGF ) — Guarantee Section,

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 25

4 . the European Social Fund ( ESF ),

5 . the research programmes of the European Union,

6 . the European Union 's energy programmes,

7, the European Union's environment programmes and

8 . other European Union programmes ?

Answer given by Mr Santer
on behalf of the Commission

(1 December 1995 )

A breakdown of Community aid granted to North-Rhine
Westphalia in 1994 reveals the following :

1 . Under the European Regional Development Fund
( ERDF )

Objective 2 ( 1994 — 1996 ) North-Rhine Westphalia

Total costs : ECU 1 298 760 000,

Community contribution : ECU 361 370.000,

ERDF : ECU 263 800 000,

First commitment 1994 : ERDF : ECU 80 735 000 .

Priorities supported by ERDF funding :

1 . Diversification of the economic structures by
assisting small and medium-sized businesses in
particular .

2 . Infrastructure creation and expansion, mainly for
small and medium-sized enterprises .

3 . Redeveloping disused industrial sites and improving
the environmental quality around them .

The above amounts relate only to grants awarded for
programmes directly managed by Lander ministries .

In addition, the Federal Institute for Labour receives
resources under Objectives 3 and 4 ( some ECU 140
million in 1994 ), which, to a large extent, will also assist
the target groups in North Rhine-Westphalia .

The European Social Fund contributes to the financing
of vocational training and qualification measures for the
unemployed, people in danger of becoming unemployed
and people in work . To a moderate degree, the
integration of the unemployed into working life can also
be promoted through employment subsidies .

3 . Under the European Agricultural Guidance and
Guarantee Fund ( EAGGF ) — Guidance Section

Aid granted to North-Rhine Westphalia by the EAGGF
Guidance Section in 1994 .

( in millions of ECU )

Commitment
Measures
appropriations

Measures under Objective 5a

— Council Regulation ( EEC )

No 866 / 90 (')

marketing and processing of
agricultural products 3 220

— Council Regulation ( EEC )

No 2328 / 91 ( 2 )

improvement of agricultural
structures 6 474

— Directives 72 / 159 / EEC and

72 / 160 / EEC ( ; ') 1 695

Subtotal 11 389

Regional measures

— PO 90DE061 01

4 . Evaluation, technical assistance . Total I 1 389

2 . Under the European Social Fund ( ESF )

Under the multiannual programmes for the periods

1994 — 1999 ( Objectives 3 and 5b ) and 1994 — 1996

(') OJ No L 91, 6 . 4 . 1990 .

( 2 ) OJ No L 218, 6 . 8 . 1991 .
(') OJ No L 96, 23 . 4 . 1972 .

( Objectives 2 and 4 ), the following ESF grants to North
Rhine-Westphalia were approved for 1994 : 4 . Under the European Agricultural Guidance and
Guarantee Fund ( EAGGF ) — Guarantee Section

( ECU )

Objective 2 31 066 000

Objective 3 43 018 000

Objective 4 8 190 000

Objective 5b 553 000

Total 82 827 000

No regional breakdown is available for aid granted from
the EAGGF Guarantee Section .

5 . Under the research programmes

Community contribution : ECU 28 726 000

No C 56 / 26 EN Official Journal of the European Communities 26 . 2 . 96

275 participations : large industries : 22 participations,
Universities : 122 participations, Research : 73
participations, Small and medium-sized enterprises :
58 participations .

The Community contribution for the region does not
give any clear indication about the real benefit that
companies and other organizations within that region
draw from the Community 's research and development
programmes . The main advantage of the programmes
consists in the fact that every single partner has access to
the totality of the results of the projects in which it is
involved — whatever its financial contribution and

whatever Community funding it receives . Another major
benefit is the creation and development of a European
research community infrastructure ( networks for
example ).

6 . Energy

Under the Thermie programme, a total of ECU 862 907
has been awarded for four projects . A table setting out
these projects will be sent direct to the Honourable
Member and to Parliament 's Secretariat .

Under the SAVE programme, ECU 23 100 has
been granted to the Europaische Vereinigung
zur Verbrauchsabhangigen Energiekostenabrechnung

( EWE — European Association for Billing of Energy
Costs on basis of Actual Consumption ) in Bonn in
respect of Contract 4 103 l / S / 94-144 ( Guidelines for the
Member States concerning the creation of instruments
provided for in Article 3 of the SAVE Directive

( 93 / 76 / EEC )).

7 . The environment

With regard to the funds allocated to the Community 's
environment programmes, the Commission is unable to
reply as it does not have statistics at the level of the
Bundeslander or similar administrative regions .

WRITTEN QUESTION E-2561 / 95

integrated approach to conservation and sustainable
development of all forests in order to contribute to and
influence international debates and actions . Does the

Commission have any plans to construct a single ' forests
Unit ' in order to develop and coordinate all forest-related
initiatives within and outside the EU ?

Answer given by Mr Fischler
on behalf of the Commission

( 13 November 1995 )

The Commission is well aware of the importance and
complexity of the forest debate at Community and world
level . There is a growing participation in this debate in
which all sectoral policies are becoming involved and which
is becoming increasingly internationalized .

The Commission shares the Honourable Member 's view

that an integrated and holistic approach is needed to
meet the challenges posed by conservation, management
and sustainable development of all the world 's forest

resources .

The Commission considers the best approach is a systematic
and coordinated implication of all the sectoral policies
involved in meeting the common objectives of conservation,
management and sustainable development of forests in
accordance with the principles adopted in Rio de Janeiro in

1992 at the United Nations Conference on Environment

and Development .

On this basis and in view of the fact that forest issues often

come under many different sectoral policies, both at
Member State and Community level, the Commission will
continue to ensure there is coordination and cooperation
between those of its departments which are most directly
involved in attaining the objectives in question within the
framework of Community policies .

by Anita Pollack ( PSE ) WRITTEN QUESTION E-25 77 / 95

to the Commission by Christine Crawley ( PSE )

( 22 September 1995 )

( 96 / C 56 / 45 )

Subject : Forests

In the Commission, actions on forests are currently split
between the development, agricultural, environmental
policy, research and external trade areas, which poses
problems for the development of an effective, coherent and

to the Commission

( 22 September 1995 )

( 96 / C 56 / 46 )

Subject : Tibetan nun, Gyaltsen Pelsang

Fifteen-year-old Gyaltsen Pelsang is a Tibetan nun . At the
age of thirteen, in 1993, she was arrested for planning a
demonstration in support of an independent Tibet . Since

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 27

then, there is the strongest evidence that she has been ( and
continues to be ) held in custody — despite being below the
age of responsibility . During her time in prison there is
evidence to suggest that a group of EU diplomats, visiting
Lhasa in Tibet, were assured by the Tibetan authorities that
the girl had been released, whereas she was still being held in
custody and without charge or trial . There is also evidence to
suggest that while she is being held in detention, her health is
significantly deteriorating .

Would the Commission follow up the case of Gyaltsen
Pelsang to confirm whether or not she is still in custody and
whether she has received proper medical attention and also
ensure that all future EU delegations to Tibet take steps to
corroborate the information they are given by the
authorities in Tibet and not take it on face value ?

Does the Commission accept that this project will
contribute to combating oil pollution Europe-wide whilst
supporting jobs in an area of high unemployment .

Does the Commission agree with the company that there is
no equivalent project anywhere in Europe ?

Could the Commission state when it is likely to come to a
decision on this application ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 30 November 1995 )

No application for funding has been made by Oikkos Ltd to

given by Sir Leon Brittan Life, the financial instrument for the environment . Thus it

of the Commission cannot be said that the Commission is giving active

( 19 October 1995 ) consideration to an application by this company .

Answer given by Sir Leon Brittan

on behalf of the Commission

A consistent feature of the Community 's policy towards
China has been the importance attached to human rights
and, therefore, the Commission shares the concern
expressed by the Honourable Member .

As a matter of principle, the question of human rights in
Tibet is brought up by the Community as a permanent
theme under the bilateral dialogue with China, be it the
political dialogue or more specific dialogue on human
rights, as well as in the international fora .

On different occasions, the Commission has raised with the
Chinese authorities the specific case of Gyaltsen Pelsang .
Following these demarches, it seems that Gyaltsen Pelsang
has been recently released . The Commission is in contact
with the Chinese authorities to have this information

confirmed .

WRITTEN QUESTION E-25 79 / 95

by Richard Howitt ( PSE )

to the Commission

( 27 September 1995 )

( 96 / C 56 / 47 )

Subject : Application from Oikkos Ltd, Essex — oil
reclamation project

Will the Commission confirm it is giving active
consideration to an application from Oikkos Ltd of Canvey
Island, Essex, for funding for an innovative oil reclamation
project ?

WRITTEN QUESTION E-25 86 / 95

by Christiane Taubira-Delannon ( ARE )

to the Commission

( 27 September 1995 )

96 / C 56 / 48 )

Subject : Intensification of mining activity in Guyana

Originally the exploitation of Guyana 's gold-bearing
resources was mainly carried on by small-scale mine and
SMUs operating on alluvial and eluvial deposits close to

water courses .

Over the past five years, mining has intensified and large
multinational mining groups prospecting for profitable
primary deposits have been showing increasing interest . The
current level of activity has already produced many harmful
environmental effects . Pollution caused by the uncontrolled
use of pollution products and the absence of any regulatory
framework is affecting the entire surrounding environment :
forest destruction, leaching of soils, muddying of the river
water consumed by the local population, mercury poisoning
and breaks in biological chains . Such effects are clear proof
of the difficulties involved in supervising production units
most of which are located in areas where the river is the only
means of access and communication .

Studies instigated by the State in 1975 with a view to
mapping Guyana 's mineral resources uncovered various
sites whose gold deposits hold out very encouraging
prospects . These have been notified to the industry and will
probably be handed over to the mining interests .

No C 56 / 28 EN Official Journal of the European Communities 26 . 2 . 96

As mining activity develops across the territory, often close
to protected area networks, pockets of pollution are liable to
increase and spread unless tools for environmental
assessment and for monitoring the cohesion of
environmental protection measures are devised .

I would therefore ask the Commission to spell out
recommendations to encourage a harmonious development
of mining activity in Guyana .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 November 1995 )

The extractive industry is one of the classes of project which
must undergo environmental impact assessment when
Member States consider that their characteristics so require .
The Commission is sure the French authorities will comply
with this requirement in the interests of the harmonious
development of mining in Guyana .

WRITTEN QUESTION E-2592 / 95

by Amedeo Amadeo ( NI )

to the Commission

Answer given by Mr Oreja
on behalf of the Commission

( 16 November 1995 )

The Commission is aware of the problems in the field of
doping to which the Honourable Member refers .

The use of drugs in sport contravenes the provisions of
directives for health and medicinal products, which are
designed to prohibit the use of medicinal products for
purposes other than for the diagnosis or treatment of
recognised pathological states . This is to prevent their use in
unauthorised forms or dosages ( Directive 65 / 65 / EEC ) ( ! ), as
last amended by Directive 89 / 341 / EEC ( 2 ), to prevent their
unauthorized sale ( black market ) or their prescription

( Directive 75 / 319 / EEC ) ( 3 ) or advertisement ( Directive
84 / 450 / EEC ) ( 4 ).

Recent activity in the field of doping is based on the Council
resolution ' Community action to combat the use of drugs,
including the abuse of medicinal products, particularly in
sport ', dated 3 December 1990 . The resolution stressed that
Community action in this area should complement the work
of the Council of Europe and take into account its
anti-doping Convention . It also advocated an educational
and preventive approach, geared particularly towards
young people . The Council invited the Commission to draw
up a code of conduct to combat the use of drugs in sport, and
the Commission was also asked to propose measures in the
areas of :

— training information and health education initiatives

against the use of drugs in sport ;

Subject : Doping

( 27 September 1995 ) — current drug use practices ;

( 96 / C 56 / 49 )

— drug-testing methods and cooperation between
laboratories ;

— research on the effects on health of drug-taking .

There have been many cases of pharmacological substances
being used to influence the results of sporting events and
competitions : this is known as doping . This practice, to
which Parliament drew attention in April 1994, is
tantamount to fraud .

Recently there have been a number of instances of doping in
a variety of fields ( many of them sports-related ) which,
although similar, have been punished in different ways .
Even within any one sport, the ban imposed for a given
' offence ' can vary between two months and two years .

Given the implications of doping for young people and for
sport itself, would the Commission take steps to ensure that
consistent provisions and penalties are applied to all
sportsmen in the various Member States and to all sports
federations ?

The code of conduct against doping in sport was drafted
by the Commission and approved by the Council in its
resolution of 8 February 1992 ( s ). Although the Community
has no powers to introduce binding legislation on the testing
of sportsmen and sportswomen for the illegal use of
performance-enhancing substances, it has been able to take
some initiatives . The code of conduct against doping in
sport called for cooperation beween sports organizations on
issues related to the status and control of doping .

Measures encouraging the prevention of drug dependence
and the education of young people are contained in the
proposal for a European Parliament and Council Decision,
under Article 129 of the EC Treaty, adopting a programme
of Community action on health promotion, information,
education and training within the framework for action in
the field of public health ( 6 ). A common position on the
proposal was reached in the Council on 2 June 1995 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 29

The Commission has also submitted to Parliament and the

Council a proposal for a Decision adopting a programme of
Community action on the prevention of drug dependence
and a communication on the same subject stressing the need
for information specially targeted at young people in the
right places, such as at sports centres ( 7 ).

') OJ No L 22, 9 . 2 . 1965 .
-) OJ No L 142, 25 . 5 . 1989 .

 - ') OJ No L 147, 9 . 6 . 1975 .

4 ) OJ No L 250, 19 . 9 . 1984 .

 - ') OJ No C 44, 19 . 2 . 1992 .

ft ) COM(94 ) 202 .

~ ) COM(94 ) 223 .

WRITTEN QUESTION E-2631 / 95

by Mathias Reichhold ( NI )

to the Commission

(2 October 1995 )

( 96 / C 56 / 50 )

Subject : 1996 Budget

At the meeting of the Committee on Agriculture and Rural
Development on 7 and 8 September 1995, in the context of
the debate on the 1996 Draft Budget, a number of members
expressed regret that the southern Member States were
being placed at a financial disadvantage in the agriculture

sector .

Does the Commission agree ?

producers, a common market organization which operates
essentially through a system of direct payments to producers
will usually involve greater budgetary expenditures than one
which operates through the support of market prices .
Comparisons of budgetary expenditures between Member
States cannot therefore be used as the sole basis for assessing
relative levels of agricultural support .

For agricultural structural measures, the Community has
made a particular financial effort in the determination of the
budgetary envelopes for Objective 1 regions, in the context
of the Structural Funds . An important part of the
Objective 1 regions is constituted by regions in the southern
Member States .

Finally, the Commission would point out that in
formulating its communications and proposals concerning
the reform of a number of common market organizations of
particular concern to southern Member States, notably, for
wine, rice, fruit and vegetables, it has taken account of the
joint declaration at the Council of September 1993, which
stated that ' for those sectors in which the common market

organization arrangements have not yet been amended, the
Council and the Commission undertake to adopt such
provisions as are necessary to maintain farm incomes and
Community preference . The conditions and agricultural and
financial principles which have been applied throughout the
agricultural sector will be taken into account in those
sectors . Account will also be taken of the context of the

Uruguay Round '. On that occasion, the Commission also
underlined the necessity of complying, in all the sectors
covered by the common agricultural policy, with the
financial guidelines established for the coming years .

If so, how does it intend to overcome this WRITTEN QUESTION E-2645 / 95
discrimination ?

by Maartje van Putten ( PSE )

to the Commission

(2 October 1995 )

Answer given by Mr Fischler ( 96 / C 56 / 51 )
on behalf of the Commission

( 22 November 1995 )

Subject : Regulation ( EEC ) No 404 / 93 — consequences for

new importers and exporters of bananas

The Commission does not agree that southern Member
States are being placed at a financial disadvantage in the
agriculture sector .

As far as the European agricultural guidance and guarantee
fund guarantee section is concerned, it should be underlined
that the level of agricultural expenditure in a Member State
is normally a reflection of the type of support applicable to
the agricultural products of concern to that Member State

( for example, whether through direct payments to
producers or through the support of Community market
prices ). Thus, in relation to comparable support levels to

1 . Is the Commission aware of the document entitled

' Yellow Fever ' in which the operation of Regulation ( EEC )
No 404 / 93 (') is analysed by 15 European development
organizations which are members of the European Banana
Action Network ?

2 . Does it agree with the conclusion reached in that
document that the way in which banana imports are
regulated encourages the vertical integration of economic
activities in the banana market ?

No C 56 / 30 EN Official Journal of the European Communities 26 . 2 . 96

3 . Does it agree with the conclusion that the rules make it
virtually impossible for new banana exporters or importers
to operate on the European market ?

4 . What prospects does it see for amending the rules so as
to open up the market without affecting the commitments to
banana-exporting ACP States ?

(!) OJ No L 47, 25 . 2 . 1993, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 10 November 1995 )

1 . The Commission is aware of the document the

Honourable Member mentions . Published by a group of
non-governmental organizations ( NGOs ) under the title
' Yellow Fever, proposal for quota allocation for fair trade
bananas ', it analyzes the consequences of the new common
organization of the market in bananas . On the basis of this
analysis, the NGOs propose that the external aspect of the
common organization should be modified by making
specific provision for access to the market for ' fair trade '
bananas imported from third countries . Fair trade bananas
are defined as having been produced in accordance with
certain minimum standards regarding the environment and
working conditions .

2 . Before the common organization for the market in
bananas was set up, the different Member State markets
were closed to one another . Establishment of the market

organization went with completion of the single market,
which is why it took place in 1993 . What applies to most
trade within a customs union is also true of bananas, namely
the creation of a customs union intensifies trade and for

businesses this may mean more integration-horizontal as
well as vertical .

3 . and 4 . The tariff quota system was introduced with
two aims in mind — not to upset existing trade links but at
the same time to allow market structures to evolve to some

extent . This is reflected in the way the quotas are allocated
between the different categories of operators involved,
particularly between established operators and newcomers .
A 3,5 % share has been set aside for newcomers . In view of
the number of applications made in this category, individual
quotas for newcomers are small .

However, operators in this category may sell more than their
quota since import certificates are transferable, subject to
certain conditions . Such transferability introduces a certain
degree of fluidity which newcomers in the market may use to
their advantage .

WRITTEN QUESTION E-2647 / 95

by Maartie van Putten ( PSE )

to the Commission

(2 October 1995 )

( 96 / C 56 / 52 )

Subject : Regulation ( EEC ) No 404 / 93 — environmental
and social conditions in relation to banana

growing

1 . Is the Commission aware of the dreadful social and

environmental conditions generally associated with banana
growing, particularly on very large plantations ?

2 . Does it agree with the conclusion reached by European
development organizations that Regulation ( EEC )
No 404 / 93 (') has so intensified competition in banana
growing and exporting that companies are being forced
to rationalize, to the detriment of employment and the
environment, with the result that any scope for investing
in more sustainable growing methods has virtually
disappeared ?

3 . Does it not also agree that serious environmental
damage and deteriorations in working conditions are
incompatible with trade measures ?

4 . Is it prepared to investigate the extent to which scope
for market innovation, opening up new export channels and
improving the working conditions under which growers
and workers produce and export would be created
by establishing import quotas for fair trade bananas
which would give preference to bananas produced under
conditions which conform to internationally recognized
basic social and environmental standards ?

5 . Would it be prepared to forward the result of such an
investigation to the Council and Parliament ?

(') OJ No L 47, 25 . 2 . 1993, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 22 November 1995 )

1 . The Commission is aware of a number of reports
concerning the social and environmental conditions under
which bananas are produced, and also of the existence of
law-suits brought by plantation workers against chemical
companies and banana producers seeking damages
following health problems associated with certain
agro-chemicals used in banana production .

2 . The Commission would point out that banana prices
within the Community are considerably higher than the

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 31

world price . This pecuniary advantage would facilitate the
adoption of cultivation systems with higher production
costs by those operators who wished to do so . It is more
usually low prices which result in cost-cutting exercises
and rationalisation . The Commission believes that the

provisions of Council Regulation ( EEC ) No 404 / 93 are
being used as a scapegoat to justify decisions made by
companies as part of their commercial strategy .

3 . The Community must abide by the rules of the World
Trade Organization ( GATT / WTO ). These rules do not
permit discrimination between ' like products ' on the basis
of the way these products have been produced .
Discrimination between products because of different social
and environmental conditions in the exporting countries is
in breach of the present interpretation of GATT / WTO rules .
Developing countries are wary of proposals to attach social
or environmental conditions to trade since they fear that
such initiatives could be used as a form of protectionism to
restrict their reports . However, the WTO Committee on
Trade and Environment ( CTE ) is currently examining the
best means to accommodate environmental concerns within

the multilateral trading system while reserving its open,
equitable and non-discriminatory character . The mandate
of the CTE allows it to make recommendations on whether

modifications of the GATT / WTO rules are required in this
respect . The Commission is playing a leading role in this
debate .

4 . The Commission considers that creating a separate
quota for bananas produced in accordance with ' fair trade '
criteria would be incompatible with WTO rules .
Community consumers should be able to exercise market
power through choosing to purchase ' fair trade ' products,
and the Commission has already stated its willingness
to investigate ways in which such initiatives could be
supported .

5 . The creation of a separate quota would not be a
feasible mechanism for supporting ' fair trade ' bananas .
However, the Commission is examining the scope for a ' fair
trade ' initiative .

WRITTEN QUESTION E-2653 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

96 / C 56 / 53

Subject : Measure 1.3 of the operational programme for

industry

Measure 1.3 ( Private or mixed industrial infrastructure in
northern Greece ) of the operational programme for industry

under the Community Support Framework gives examples
of the type of infrastructure eligible for funding :

— free trade areas — processing,

— foundation of an Observatory for Inter-Balkan
Economic Cooperation,

— foundation of a Balkan Trade Centre,

— setting-up of commercial and transport centres /
depots .

It also expressly states that it is the responsibility of the civic
and business organizations in northern Greece ( the SBBE —
Industrial Federation of Northern Greece — Chambers of

Commerce etc ., banks, workers etc .) to form an
independent intermediary body, no later than 31 March

1995, to administer the global subsidies ( failing this, the
Monitoring Committee will reassess whether it is
appropriate to use the global subsidy system ).

1 . Has the intermediary body been set up ?

2 . What was the take-up rate for 1994 / 95 ?

3 . What information can the Commission provide on
progress made towards achieving the goals of the
project ?

WRITTEN QUESTION E-2654 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

( 96 / C 56 / 54 )

Subject : Measure 5.1 of the operational programme for

industry

Measure 5.1 of the Greek operational programme for
industry covers ' in-company training of workers '.

1 . What data is available on the take-up rate for
Measure  - 5.1 in 19 95 ?

2 . What information can the Commission provide on the

individual projects undertaken ?

3 . Has any progress been made towards setting up a
postgraduate department of business administration at
the University of Macedonia and an independent school
of postgraduate studies in business administration in
Thrace ?

No C 56 / 32 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION E-2655 / 95 WRITTEN QUESTION E-2657 / 95

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

to the Commission to the Commission

(2 October 1995 ) (2 October 1995 )

( 96 / C 56 / 55 ) ( 96 / C 56 / 57 )

Subject : Measure 2.1 of the operational programme for

Subject : Sub-programme 3 of the operational programme

for industry

Sub-programme 3 ( Modernization of businesses ) of the
Greek operational programme for industry includes
Measures 3.1 — Aid for selected businesses to improve
international competitiveness, 3.2 — Technological
modernization of businesses, and 3.3 — Improving health
and safety at work .

1 . What data is available on the take-up rate for the
sub-programme in 1995 ? What was the breakdown of
take-up for each measure ?

industry

Measure 2.1 of the Greek operational programme for
industry ( subsidization of large-scale private investment in
excess of Drs 3 billion ) provides for support for businesses
capable of attaining the same level of organization, quality
and — ultimately — competitiveness as similar businesses
operating on an international scale in the same sector . The
total investment provision for 1995 is ECU 126 million .

1 . Have any applications for investment funding been
made under the above Measure ? For how much in total ?

By which companies ?

2 . What is the take-up rate to date ? What is the take-up
rate forecast for 1995 ?

2 . What information can the Commission provide on the
progress made towards achieving the goals of each
measure and project ? WRITTEN QUESTION E-2658 / 95
by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

( 96 / C 56 / 58 )

WRITTEN QUESTION E-2656 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

( 96 / C 56 / 56 )

Subject : Greek CSF operational programme for industry

The operational programme for industry under the
Community Support Framework for Greece has a total
budget of ECU 280 million for 1994 and ECU 420 million
for 1995 .

1 . What was the take-up rate in 1994 ? What data is

available on the take-up rate for the programme in

1995 ?

2 . Have any changes been made to the above programme
to improve its efficiency and results ? If so, what are the
main ones ?

Subject : Measure 2.3 of the operational programme for

industry

Measure 2.3 ( Large-scale projects ) for the operational
programme for industry under the Community Support
Framework provides for the following projects : 2.2.1 — an
aluminium plant ; 2.2.2 — Gold processing plant ; 2.2.3 —
Energy coproduction plant .

For all three projects the following provisions apply . The
initial stage of the project will comprise conducting an
in-depth study of the competitiveness of the plant and its
production processes . The study should be detailed and
documented in order to provide an accurate picture of the
plant 's viability on the basis of purely economic criteria . If
the study cleary demonstrates that the plant is competitive,
then, and only then, can the project proceed to the next
stages and only with the consent of the programme 's
Monitoring Committee .

The total budget for the measure is ECU 8 million and ECU
40 million for 1994 and 1995 respectively .

1 . What was the take-up rate for Measure 2.3 in 1994 ?
What is the forecast for 1995 ? For which projects ?

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 33

2 . What stage has been reached in commissioning the

studies referred to above ?

2 . What was the corresponding amount of investment in

1992 and 1993 under the previous Community Support
Framework ?

WRITTEN QUESTION E-2659 / 95
by Alexandros Alavanos ( GUE / NGL ) WRITTEN QUESTION E-2661 / 95
to the Commission by Alexandros Alavanos ( GUE / NGL )

(2 October 1995 ) to the Commission

( 96 / C 56 / 59 ) (2 October 1995 )

( 96 / C 56 / 61 )

Subject : Sub-programme 6 of the operational programme

for industry

The provisions relating to sub-programme 6 of the
operational programme for industry under the Community
Support Framework state that the sub-programme will
provide finance principally for technical assistance to set up
and open a ' one-stop shop '. Paragraph 12a of the
introduction to the programme stresses that setting up and
running a ' one-stop shop ' requires special legislation .
Provision should also be made for the necessary
arrangements to make the running of a ' one-stop shop '
compatible with the existing system of submitting and
assessing investment plans . The above legal provisions are to
be put before the Monitoring Committee, by the end of

1994 at the latest, in the context of the supplementary
technical document .

1 . Are the abovementioned legal provisions now in
place ?

2 . Is the ' one-stop shop ' now in operation ? Have
assessments been made of its performance ?

3 . What is the take-up rate to date for sub-programme 6 ?
For which projects ?

Subject : Measure 1.4 of the operational programme for

industry

Measure 1.4 of the operational programme for industry
under the Community Support Framework covers the
' Regeneration of declining industrial areas '. In more specific
terms the measure provides for prompt assessment and
drafting of strategy papers, immediate confrontation
of industrial firms ' structural problems, investment
in infrastructure and support for starting up new
businesses .

1 . What was the take-up rate for Measure 1 .4 in 1 994 and
what data is available for 1995 ?

2 . What information can the Commission provide on the

progress made towards achieving the goals of this
project ?

WRITTEN QUESTION E-2662 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

( 96 / C 56 / 62 )

WRITTEN QUESTION E-2660 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

( 96 / C 56 / 60 )

Subject : Measure 2.2 of the operational programme for

industry

Measure 2.2 ( subsidization of private investment under Law

1892 / 90 ) of the operational programme for industry under
the Community Support Framework, provides for a budget
of ECU 35 million in subsidies for 1994 and ECU 35 million

in 1995 for eligible businesses .

1 . What was the take-up rate for Measure 2.2 in 1994 ?
What is the forecast for 1995 ?

Subject : Measure 4.1 of the operational programme for

industry

Measure 4.1 ( Financial institutions and instruments ) of
sub-programme 4 ( Small and medium-sized businesses ) of
the Greek operational programme for industry comprises
the following areas for action : 4.1.1 — Mutual guarantee
funds ; 4.1.2 — Venture capital ; 4.1.3 — Aid for credit
cooperatives ; 4.1.4 — Interest rate subsidies ; 4.1.5 —
Promotion and factoring ; 4.1.6 — leasing subsidies .

1 . What was the take-up rate for Measure 4.1 in 1994 and
what data is available on take-up for 1995 ?

2 . What information can the Commission provide on the
progress made in the individual areas referred to
above ?

No C 56 / 34 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION E-2663 / 95 3 . What other information can the Commission provide
by Alexandros Alavanos ( GUE / NGL ) on progress made towards achieving the goals of

to the Commission measure 1 . 5 ?

(2 October 1995 )

( 96 / C 56 / 63 )

Subject : Measure 4.2 of the operational programme for

industry

Measure 4.2 ( Enhancing the competitivenes of small and
medium-sized businesses ) of sub-programme 4 of the
operational programme for industry comprises the
following areas for action : 4.2.1 — Technical assistance for
Chambers of Commerce etc .; 4.2.2 — Improving the
efficiency of existing organizations representing the various
sectors ; 4.2.3 — Setting up of a register and network to
assist small businesses ; 4.2.4 — Promotion of partnerships :
joint ventures, cooperatives etc .; 4.2.5 — Promotion of
subcontracting ; 4.2.6 — Support for starting up new small
businesses ; 4.2.7 — Support for small businesses to
purchase consultant services ; 4.2.8 — Development of craft
businesses .

1 . What was the take-up rate for Measure 4.2 in 1 994 and
what data is available on take-up for 1995 ?

2 . What information can the Commission provide on
progress made in the individual areas referred to
above ?

WRITTEN QUESTION E-2664 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

( 96 / C 56 / 64 )

Subject : Measure 1.5 of the operational programme for

industry

Measure 1.5 of the operational programme for industry
under the Community Support Framework covers ' Support
for export ventures ' which provides for the promotion
of exports through greater involvement of the OPE

( Organization for the Promotion of Exports ) and the OAEP

( Organization for the Securing of Export Credits ). Both in
regard to the activities of the OPE and the securing of export
credits, which is virtually at an embryonic stage of
development in Greece, there is a recognized need for
support and stimulation . An OPE integrated business plan is
also to be drawn up by an expert external consultant, which
is to be approved by the Monitoring Committee for the
operational programme for industry .

1 . What was the take-up rate for Measure 1.5 in 1994 and
what data is available on take-up for 1995 ?

2 . What stage has been reached in commissioning the
business plan project ?

WRITTEN QUESTION E-2682 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(2 October 1995 )

96 / C 56 / 65 )

Subject : Measure 1 .2 of the operational programme for

industry

Measure 1.2 ( Industrial infrastructure ) of the operational
programme for industry under the Community Support
Framework comprises the following areas for action : 1.2.1
— Improvement of infrastructure to attract productive
investment ; 1 . 2.2 — Environment policy infrastructure ; and
1.2.3 — Private or mixed infrastructure .

The overall budget for Measure 1.2 is ECU 10,5 million and
ECU 18,5 million for 1994 and 1995 respectively .

1 . What was the take-up rate for Measure 1.2 in 1994 ?
What data is available on the take-up rate for 1995 ?

2 . What information can the Commission provide on the
progress made towards achieving the goals of the areas
for action referred to above ?

Joint answer to Written Questions
E-2653 / 95 to E-2664 / 95 and E-2682 / 95

given by Mrs Wulf-Mathies
on behalf of the Commission

( 13 November 1995 )

The goal of the operational programme for industry and
services referred to by the Honourable Member is to foster
the international competitiveness of the Greek economy .
The considerable volume of legislation needed to pave the
way for its implementation — a new system of aids ( Law
2234 / 94 ), a new venture capital law, the setting-up of a

'
one-stop shop ', a new law for granting industrial sites —
largely accounts for delays in the implementation of
projects . The overall absorption rate by the end of 1995 is
reckoned at 22% of the 1994 public spending forecast .
However, the approval of a large number of private
investment projects in July along with projects concerning
industrial infrastructure, services to SME and financial
engineering suggest that 1996 — a key year in the
programme 's implementation — could see real progress on
the ground .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 35

For the purposes of measure 1.3 ( private or mixed industrial
infrastructure in northern Greece ), a private non-profit
company has been set up by representatives of both sides of
industry in northern Greece ( associations of manufacturers,
exporters, banks, trade unions and chambers of commerce ).
It has been accepted by the programme 's monitoring
committee as the intermediary body that will administer the
overall grant for the activities in question . A business plan
for this company, which should start work at the end of this
year, will be drawn up with funding from the programme 's
technical assistance budget .

In the case of measure 2.3, the gold-mining project is in the
process of being privatized and may be eligible funding
under the aid system . Studies on the profitability of the
measure 's other major projects ( aluminium and energy
co-production ) have still to be launched .

With regard to sub-programme 6, the Commission is
currently examining the draft law on the setting-up of a
' one-stop-shop ', which it hopes to see operational in the first
half of next year .

As for measure 1.4, studies have been completed for
integrated restructuring programmes for industrial areas in
decline .

For sub-programme 4, a new law on venture capital is
before the Greek Parliament .

As regards measure 1.5, the business plans of the export
credit and export credit guarantee agencies ( the OPE and
OAEO respectively ) have been finalized .

The Commission will shortly be sending the Honourable
Member financial progress tables for all the programme 's
sub-programmes and measures .

For details of the projects approved and reports on their
progress, the Honourable Member is invited to address
himself directly to the secretariat of the programme 's
monitoring committee, which is chaired by Greece 's
Minister for Industry .

WRITTEN QUESTION E-2674 / 95

by Jesús Cabezón Alonso ( PSE )
and Juan Colino Salamanca ( PSE )

to the Commission

(4 October 1995 )

( 96 / C 56 / 66 )

order to prevent any spread of the recent outbreak of
cholera in that country ?

Answer given by Mr Fischler
on behalf of the Commission

( 29 November 1995 )

The World Health Organization ( WHO ) is responsible for
global coordination against the spread of cholera epidemics .
The sanitary principles applied internationally are the object
of the International Health Regulation ( IHR ) ( The WHO,

1983, International Health Regulation ( adopted by the 34th
World Health Assembly in 1981 . Third annotated edition

( Geneva 1983 )) approved by the World Health Assembly

( WHA ). All Member States of the Community have
accepted without reservations the IHR concerning the
prevention of transmission of cholera, as described in title I,
Articles 2 to 13, Part V, Chapter II . Furthermore the WHA
recommended WHO Member States not to adopt
restrictions against food trade because of cholera

( Resolution WHA 44.6 of the 44th World Assembly of
Health, Document 44 / 1 paragraphs 4 and 5 also as
press release WHO / 13 of 22 February 1991 ( Weekly
epidemiological record of 22 February 1991 )).

In the Community sanitary inspections on imported
food products are stipulated by Council Directives
90 / 675 / EEC ('), 91 / 496 / EEC ( 2 ) and 93 / 43 / EEC ( 3 ). In all of
them safeguard clauses are established, in case in a territory
of a third country a sanitary problem emerges that may
constitute a serious danger for human health . The
Commission, on its own initiative or at the request of a
Member State, will where appropriate suspend imports
from all or part of the third country in question, and fix
specific conditions for food products from all or part of the
third country in question .

If a Member State takes temporary precautionary measures,
it should inform the other Member States, and in a fixed
period, the Commission should put this question to the
standing veterinary committee or the standing committee
for food, with a view to the extension, change or repeal of
the national measures .

The Commission has not received any indication from the
WHO on the occurrence of an uncontrolled epidemic
outbreak of cholera in Morocco, neither has it been urged by
any Member State to take precautionary measures with
respect to the imports of foodstuffs from Morocco .

(') OJ No L 373, 31 . 12 . 1990 .

( 2 ) OJ No L 268, 24 . 9 . 1991 .
Subject : Health checks on Moroccan imports (■') OJ No L 175, 19 . 7 . 1993 .

What health checks have been established in the European
Union in respect of products imported from Morocco in

No C 56 / 36 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION E-2684 / 95 axes ', held on 13 July 1995 that it intended carrying out
by Mihail Papayannakis ( GUE / NGL ) controls of the levelling of these sections of motorway . The

Commission has asked to be informed of the results of these
to the Commission
controls .

(4 October 1995 )

( 96 / C 56 / 67 )

Subject : Checks on CSF-funded projects

The Community Support Frameworks provide funding for
large-scale projects throughout Europe . However, there are
occasions when in some Member States the work is of very
poor quality ( e.g. some sections of motorway already built
in Greece are second rate in every respect — road surface,
signposting etc .). Can the Commission therefore say how it
has carried out checks so far and how it intends to do so in

future to ensure that the projects receiving funds are of a
high standard ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 23 November 1995 )

In accordance with the principle of subsidiarity, the
individual Member States are responsible for checking on
the standard of public works carried out in their territory
under the Structural Funds .

However, in the case of the public works carried out in
Greece under the Community Support Framework ( CSF ),
the Commission and the Greek authorities set up a ' joint
steering committee ' in January 1995, whose task is to
propose a series of measures to improve the arrangements
for carrying out public works in Greece . A special working
group, set up by the Committee to look into quality control,
considered the following course of action :

— appointment of a consultant to carry out quality control

by means of random checks ;

— implementation of a comprehensive system to control

and ascertain the quality of the work .

This working group has already submitted part of its
conclusions to the Greek Government, which must now
take appropriate steps for their implementation .

It should also be pointed out that prior controls of the
specific features of the public works are carried out by
monitoring committees on the basis of technical files which
give a comprehensive profile of the projects . This method,
which is applied systematically in the context of the second
CSF, will undoubtedly help improve the quality of the
projects .

As regards the quality of the sections of motorway already
built, the Ministry of Public Works announced at the
meeting of the monitoring committee on ' access and road

WRITTEN QUESTION E-2742 / 95

by Christiane Taubira-Delannon ( ARE )

to the Commission

( 12 October 1995 )

( 96 / C 56 / 68 )

Subject : Action to combat Aids in the developing
countries

Will the Commission say whether or not it intends to draw
up a proper programme to combat Aids in the developing
countries, with funding significantly greater than that
allocated to previous initiatives and with particular respect
for the difficulties facing the health services in African
countries, which have been further aggravated by the
devaluation of the CFA franc ? Furthermore, has it any plans
to introduce measures as a matter of urgence in order to
improve the safety of blood product storage and transfusion
in the developing countries ?

Answer given by Mr Pinheiro

on behalf of the Commission

( 13 November 1995 )

The Community has been involved in the fight against Aids
for over eight years . In 1987, an emergency programme was
launched to support the WHO 's short-term attempts to
contain the spread of the epidemic . Action concentrated on
prevention, with measures to make blood transfusion safe,
better treatment for STDs and education and awareness
campaigns for the public generally and for young people and
those in high risk groups in particular . Support took the
form of technical assistance, training, the supply of
equipment and of consumable medical supplies and
reagents, research, publications and exchanges of
information . Between 1988 and 1994, over ECU 115
million ( not counting research ) was made available from the
budget and EDF for schemes in over eighty developing
countries .

The safety on blood stocks is one of the main aims of the
Community programme and ECU 28 million has been
granted for 40 projects in developing countries . Priority has
been given to countries such as Uganda, Zimbabwe,
Rwanda and Burundi, with a high incidence of infection .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 37

In 1993 and 1994, the Commission, together with Member
State experts, looked at the experience gained to map out the
way ahead for future policy and action . A communication
was sent to the Council and Parliament in January 1994 (').
On 6 May last year, the Council confirmed that action
should focus on :

— minimizing the spread of the epidemic through
prevention, and combating any form of
discrimination ;

— supporting health services to enable them to tackle the

epidemic more effectively ;

— helping countries deal with the economic and social

consequences of Aids :

— developing biomedical and socio-economic research .

The Council also stressed the need for a multi-faceted

approach, both financially and technically, and for a
substantial increase in the Community 's contribution to
health-care generally and Aids more especially in the near
future .

On the basis of these guidelines, the Commission intends to
step up its action, by setting up specific Aids schemes and
routinely including the fight against the disease in wider
health programmes and operations in other areas such as
human rights and non-discrimination, education, etc . For
the ACP countries, the current programming round should
open the way for Aids to be included in policy discussions .
Whether or not such discussions can be launched, however,
depends very much on how widespread the disease is in the
countries concerned . With a few exceptions, those countries
with a low incidence of infection are less willing to take
the necessary measures . Awareness drives will have to
be continued in conjunction with other cooperation

partners .

(M COM(93 ) 479 final .

WRITTEN QUESTION E-2 749 / 95

by David Hallam ( PSE )

to the Commission

( 12 October 1995 )

( 96 / C 56 / 69 )

Subject : Establishment of agri-environment measures in

the EU

Can the Commission list the programmes, so far approved,
or agri-environment measures under Regulation ( EEC )

No 2078 / 92 ( ), and the list of programmes submitted by
Member States awaiting approval ?

(') OJ No L 215, 30 . 7 . 1992, p . 85 .

Answer given by Mr Fischler
on behalf of the Commission

(6 December 1995 )

Up to 25 October 1995 the Commission has adopted 135
Decisions in relation to agri-environmental programmes in
the framework of Regulation ( EEC ) No 2078 / 92 . This
number includes Decisions approving the programmes for
the first time and decisions approving modifications and
additions to programmes . The list of the 115 programmes
approved and of the seven programmes not yet approved by
the Commission is transmitted direct to the Honourable

Member and to the Parliament 's Secretariat under separate
cover . It must be noted that the seven programmes not
approved include programmes announced but not yet
presented by the Member States, and programmes which are
incomplete and for which additional information is awaited
from the Member State .

WRITTEN QUESTION E-2758 / 95

by Johanna Maij-Weggen ( PPE )

to the Commission

( 12 October 1995 )

( 96 / C 56 / 70 )

Subject : Funding for the Arnhem / Nijmegen region

1 . Is it true that around Fl 120 million is available from

the Regional and Social Funds — including 36 million from
the Social Fund — for the funding of projects in the
Arnhem / Nijmegen region of the Netherlands ( an
Objective 2 region ) in 1994, 1995 and 1996 ?

2 . Is it true that at least ECU 22 million of the Social Fund

allocation ought to have been used by the end of this year,
but that the project proposals so far submitted total only
ECU 7,5 million ?

3 . If the region concerned is unable to submit project
proposals in time, will the 1994 / 95 allocation remain
available for 1996 ?

4 . If this is impossible because of time limits, could
other Objective 2 regions in the Netherlands still submit
project proposals to use the funding not used by the
Arnhem / Nijmegen region ?

No C 56 / 38 EN Official Journal of the European Communities 26 . 2 . 96

5 . Can the Commission provide an exact list of the ( in million ECU )
Objective 2 regions in the Netherlands, stating how much
money is available per region for the 1994, 1995 and 1996 1994 1995 1996 Total
period, and what the combined cost of the projects so far
proposed currently is ( in September 1995 )? Groningen-Drenthe 24,32 25,08 26,60 76

1994 1995 1996 Total

Answer given by Mrs Wulf-Mathies

Groningen-Drenthe 24,32 25,08 26,60 76

Twente 18,56 19,14 20,30 58

Arnhem-Nijmegen 17,92 18,48 19,60 56

Zuidoost-Brabant 21,40 22,20 23,40 67

on behalf of the Commission

Zuid Limburg 13,76 14,19 15,05 43
( IS November 199 S )

In the single programming document ( SPD ) for the
Objective 2 region Arnhem-Nijmegen for the period
1994 — 1996, an amount of ECU 56 million is available
from the Structural Funds : ECU 39,4 million from the
European Regional Development Fund ( ERDF ) and ECU

16,6 million from the European Social Fund ( ESF ).

Initially the following division of the ECU 1 6,6 million from
the ESF over the programming period was foreseen :

At the end of September 1995, ECU 119,72 million of
Structural Funds subsidies had been approved . That is to
say, that in 10 months of the total commitment period of 24
months ( end of 1994 till end of 1996 ) almost 40% has
already been committed . It is foreseen that this percentage
will rise to well over 50% by the end of this year .

— 1994 : ECU 5,31 million, WRITTEN QUESTION E-2771 / 95
by James Moorhouse ( PPE )

— 1995 : ECU 5,48 million,

— 1996 : ECU 5,81 million .

The amount committed in 1994 was only some ECU
26 000 . This low figure mainly reflected the fact that the
programme was only adopted in December 1994 and was a
wholly new experience for the region . So far, a total of some
ECU 772 000 has been committed for 1995, while an
estimated amount of some ECU 3 277 000 of submitted

applications has to be decided . In recent months it has
become clear that one of the factors responsible for the low
level of ESF commitments is the difficulty of finding public
co-financing for projects concerning employed people . A
solution is currently being sought between all the parties
concerned .

The non-committed ESF funds for 1994 can be transferred

to 1995 or 1996 . A decision on this will be taken shortly . If
the funds available for 1995 cannot be fully committed in
that year, a transfer of the remainder to 1996 will be
possible .

The SPDs for all five Objective 2 regions in the Netherlands

( Groningen-Drenthe, Twente, Arnhem-Nijmegen,
Zuidoost-Brabant and Zuid-Limburg ) contain the
following provision :

' The Commission may decide in agreement with the
Member State and after receiving the opinion of the
monitoring committee, on the transfer of resources from
the Structural Funds between the SPDs within a Member

State if this latter does not exceed 25 % of the

Community contribution to the SPDs in question .
However this percentage may be exceeded provided that
the amount of the modification does not exceed ECU 30

million .'

Structural Fund contributions to Objective 2 programmes in
the Netherlands ( in million ECU ) are :

to the Commission

( 12 October 199S )

( 96 / C 56 / 71 )

Subject : Commitology

In its report to the Reflection Group ( paragraph 52 ),
the Commission states that it believes that existing
commitology procedures ' operate satisfactorily and present
no major obstacle to actual implementation '. It also
comments that they ' have the definite advantage of more
closely involving national government departments ', which
' bear most of the responsibility for applying Community
measures in practice '.

Given that the public is excluded from commitology
procedure completely, and the European Parliament is
unrepresented in it, could the Commission explain how its
defence of a secretive committee system which makes actual
law — namely delegated legislation operating under the
anodyne title ' implementing measures ' — is at all consistent
with the importance the same document ( Chapter 2 )
ostensibly attached to ensuring ' more transparency ' in an
EU decision-making process ' closer to the people ', where
actions are ' better justified ' and legislation ' more
accessible '?

Is there not something of a contradiction here ?

Answer given by Mr Santer
on behalf of the Commission

(1 December 1995 )

The Commission considers that the ' committee procedure '
could be improved to provide more transparency and

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 39

strengthen democratic legitimacy while preserving the
existing institutional balance . In particular, simplification of
the various committee procedures and more involvement of
the Parliament are highly desirable .

At present, the Commission informs the Parliament of all
draft legislative acts which are subject to the ' committee
procedure '. However, since the introduction of the
co-decision procedure ( laid down in Article 189b of the EC
Treaty ), the Parliament has been pressing for a bigger role in
the preparation of the implementing legislative measures for
acts adopted under this procedure, when the adoption
of such measures is entrusted to the Commission . A

temporary solution has been found and endorsed in an
inter-institutional arrangement ( modus vivendi ) agreed
between the Parliament, the Council and the Commission
on 20 December 1994 . This makes provision for the
Parliament to be informed and its eventual comments to be

taken into consideration and refers the matter for

examination to the 1996 Intergovernmental Conference
charged with the revision of the Treaties .

WRITTEN QUESTION E-2779 / 95

by Marco Celiai ( NI )

to the Commission

( 12 October 1995 )

( 96 / C 56 / 72 )

affect the environment . An Objective 5b single
programming document is always accompanied by an
environmental impact assessment .

Furthermore, by virtue of Article 8(3 ) of Regulation ( EEC )
No 4253 / 88 ( ] ) an environmental authority has been
appointed within the monitoring committee specifically to
supervise projects and forestall any adverse environmental
impact .

With this in mind, and in the interests of preserving the rural
environment intact, certain restrictions have been placed on
Objective 5b programming, with rural tourism measures in
Tuscany in particular being confined to :

— structural improvements to existing rural buildings ;

— aid grands for farmers only ;

— an official contribution of no more than ECU 50 000 per

project .

The Commission therefore believes that enough has been
done to ward off property speculation in a fragile
environment, given that no new building will be eligible and
projects will be of a relatively modest scale .

When monitoring the programme, the Commission will
ensure that the rules on rural tourism facilities are complied
with, and in particular that schemes accepted for
Community co-financing have been assessed in terms of
their environmental impact .

Subject : Risk of speculation using Structural Funds on the (!) OJ No L 374, 31 . 12 . 1988 .

island of Elba

In the locality of Galenzana, an area of great ecological
interest situated in the Commune of Campo on the island of
Elba, a natural habitat that is possibly unique along the
whole Tyrrhenian coast is under threat of destruction . In the
name of rural tourism it seems that the company SCAT
planned to use Objective 5b funds to ruin an area that has
until now remained untouched . The mountain community
of Elba and Capri decides on the distribution of
Objective 5b funds for the whole island of Elba .

Does the Commission not consider that it would be

paradoxical if the regional funds were in fact used for
purposes that conflict with environmental protection, when
this could be prevented by more careful supervision on the
part of the bodies responsible ?

Answer given by Mr Fischler
on behalf of the Commission

( 24 November 1995 )

The Commission thinks it essential that schemes

co-financed by the Structural Funds should not adversely

WRITTEN QUESTION E-2795 / 95

by Peter Skinner ( PSE )

to the Commission

( 16 October 1995 )

( 96 / C 56 / 73 )

Subject : Distribution and resale of EEC surplus beef by the

UK Intervention Board

Can the Commission assure Parliament that the distribution

of surplus beef ( and indeed other surplus products ) from
EEC stocks in the UK is being carried out correctly and
efficiently and according to the European Community 's
own guidelines ?

In view of the fact that one of my constituents recently
bought three tins of EEC surplus beef for 75 pence at a car
boot sale in the UK when the tins were marked with the

words ' No Retail Sale ', I would ask the Commission to

No C 56 / 40 EN Official Journal of the European Communities 26 . 2 . 96

investigate the distribution process of the above mentioned
tins so as to assure Parliament that the Community 's
procedures are being followed and that no foul play or fraud
has been involved . One of the tins has the serial number

3149 / 92 and an expiry date of March 1998 . It is marked
' Stew steak for gravy ' and is distributed by the ' UK
Intervention Broad ' and has 12 stars marked on it also with

the words ' EEC Aid '.

Considering that its resale is in fact illegal itself, may I,
therefore, ask that the Commission investigate this matter
seriously ?

Answer given by Mr Fischler
on behalf of the Commission

( 24 November 1995 )

The distribution of surplus beefs is in the hands of the
Member States which are best able to judge the needs of the
poorest sections of their own population . It is they who
decide which products will be distributed, who the
recipients of the products shall be, and under which
conditions a potential beneficiary is eligible .

Council Regulation ( EEC ) No 3730 / 87 of 10 December
1987 (') stipulates that the goods shall be made available to
certain designated organizations to enable distribution to
the most deprived in the Community . Such people receive
the food free of charge or at a price which is in no case
greater than that justified by the costs incurred by
the organizations implementing the scheme . These
organizations are designated by the Member State
concerned .

In addition, Commission Regulation ( EEC ) No 3149 / 92 ( 2 )
lays down in its Article 9 the obligation for the Member
States to take all necessary measures to ensure that the
intervention products made available are put to the use and
serve the purpose laid down in the Council Regulation .

On the basis of experience so far, the Commission is
satisfied with the way in which the UK authorities have
exercised their powers within the framework of the
Regulation . The Intervention Board has implemented rules
to deter fraud and thus ensure that only eligible people
receive the produce .

Nevertheless the Commission is contacting the UK
authorities to inquire about this particular case .

( ] ) OJ No L 352, 15 . 12 . 1987 .

( 2 ) OJ No L 313, 30 . 10 . 1992 .

WRITTEN QUESTION E-2803 / 95

by Edith Miiller ( V )

to the Commission

( 16 October 1995 )

( 96 / C 56 / 74 )

Subject : Pension payments

1 . The coming years will see a disproportionate increase
in pension payments for officials of the European
institutions by comparison with other expenditure . Can the
Commission therefore provide :

( a ) an estimate of the expected pension payments for each
of the next ten years,

( b ) a calculation of pension claims against the EU acquired
up to 1 October 1995, at 1995 prices and broken down
by institution ?

2 . In the circumstances set out in its reply to question 1
above, and in the light of budget annuality, transparency
and the requirement that a budgetary balance be
achieved(l ), does the Commission not consider it
appropriate to create a separate EU pension fund, the
volume of which would reflect the actual level of pension
entitlements ?

Answer given by Mr Liikanen

on behalf of the Commission

( 22 November 1995 )

1 . The increase in pension payments is due both to an
increase in the size of the institutions and to the increased

age of the personnel . The number of beneficiaries for all
institutions taken together is as follows .

Year Retirement Invalidity Survivors '
pensions pensions pensions

1986 1 426 1 242 1 260

1995 3 624 2 250 1 962

There will be about 8 500 recipients of retirement pensions
in 2005 . By definition it is impossible to extrapolate the
number of recipients of the other types of pension . The
Commission does not have the data needed to calculate total

pension commitments .

With respect to funding the scheme, until 1980 staff
contributions alone ( 6,75 % of basic salary, raised to 8,25 %
on 1 January 1993 ) were sufficient to cover all expenditure .
Consequently, for a long period the officials ' personal
contributions covered the entire expenditure without any
contributions from the Member States . Today, personal

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 41

contributions cover over one-third of the expenditure as
required by Article 83(2 ) of the Staff Regulations, including
both expenditure on pensions and on all family allowances,
which in the Member States are financed by a scheme
separate from the pensions scheme .

2 . The Commission believes that charging pension
scheme benefits to the budget is the procedure that is most
appropriate to the situation of officials and temporary staff
of the Community . This view is endorsed by the other
institutions .

The Commission has no information that would lead it to

envisage any change in the trend of garlic imports by
comparison with that noted in previous years .

(') OJ No L 170, 13 . 7 . 1993 .

WRITTEN QUESTION E-2816 / 95

by Frank Vanhecke ( NI )

to the Commission

( 16 October 1995 )

( 96 / C 56 / 76 )
WRITTEN QUESTION E-2811 / 95

by Carmen Fraga Estévez ( PPE )

to the Commission

( 16 October 1995 )

( 96 / C 56 / 75 )

Subject : Garlic imports to the EU

As a result of the problems in the Community garlic sector in
the past few years due to the, at times, massive imports of
this product which have led to a collapse in the price for
Community garlic, the Commission has had to resort to the
safeguard clause in order to regularize the Community
market . In order to avoid such problems of market
distortion in future, can the Commission give a breakdown
of garlic imports already effected and planned for this
harvest year, by country of origin and by Member State of
destination ?

Subject : Discrimination against the Dutch language by the

services of the European Commission in respect of
references to addresses in Brussels

The services of the European Commission are continuing
their particularly annoying habit of using French street
names for addresses in Brussels .

It is well known that Brussels is an officially bilingual region

( Dutch and French ) and the capital of our country, the great
majority of whose population are Dutch speakers .

The Commission also uses French even in instances where it

deals explicitly with Dutch speakers ; this was the case,
for example, with the recruitment advertisement for the
Alfa programme which appeared in De Standaard of

12 September 1995 .

When will the Commission get round to taking the action
needed to put an end to these linguistic absurdities ?
Answer given by Mr Fischler
on behalf of the Commission

(1 December 1995 )

Answer given by Mr Santer
on behalf of the Commission

Extensive investigation is required to provide the ( 11 December 1995 )
information requested by the Honourable Member
concerning garlic imports into the Community broken
down by country of origin and Member State of destination
and this will be sent to her directly as soon as possible . The Commission is sorry for the error in the address of its

Office in Belgium, which occurred in the advertisement
referred to by the Honourable Member .

As far as 1995 is concerned, these data relate to import
licences on the basis of Regulation ( EEC ) No 1859 / 93 (')
and they are contained in a table sent directly to the
Honourable Member and to Parliament 's Secretariat . Since

these licences are valid throughout the Community it is
impossible to indicate the Member State of destination of
the garlic imported .

Its departments have been instructed do comply
scrupulously with the rules on its addresses in Brussels .

No C 56 / 42 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION E-28 17 / 95

by Frank Vanhecke ( NI )

to the Commission

( 16 October 1995 )

( 96 / C 56 / 77 )

Subject : Discrimination against the Dutch language by the

services of the European Commission

A number of telephone and telefax numbers of Commission
services in Brussels were recently changed . Correspondents
still unaware of the changes were informed of them by an
answering machine .

The telephone message on the answering machine was given
solely in French, English and German ( after dialling the
Commission 's fax number : 02 23501-66 ).

Can the Commission say why this message was not given in
Dutch ( which is an official working language of the
European Union, the language of the great majority of the
population of Belgium and, along with French, an official
language of the Brussels region )?

Can the Commission say why this particularly annoying
gaffe was not immediately rectified once the competent
services had been informed of it by fax on
12 September ?

Answer given by Mr Santer
on behalf of the Commission

( 12 December 1995 )

The message referred to by the Flonourable Member cannot
be given in all Community languages for technical reasons

( it would be excessively long ).

Dutch is one of the languages in which the message is
currently given on the answering machine .

WRITTEN QUESTION E-2821 / 95

by Gijs de Vries ( ELDR )

to the Commission

( 16 October 1995 )

( 96 / C 56 / 78 )

Subject : Dutch pensions legislation

On 5 December 1994 I tabled a question ( E-l 19 / 95 ( )) to
the Commission on the compatibility of the Company
Pension Fund ( Obligatory Participation Act ) with the
Treaty of Rome .

The Commission replied to my question relating to
Article 59, but replied only in the abstract to my questions
concerning Article 85 .

Will the Commission now answer the following
questions :

1 . Is the restriction on competition in respect of pension
schemes pursuant to the Dutch Act compatible with the
Treaty ?

2 . Is the ministerial order making it obligatory to subscribe
to a particular scheme compatible with the Treaty ?

(M OJ No C 270, 16 . 10 . 1995, p . 1 .

Answer given by Mr Van Miert

on behalf of the Commission

(1 December 1995 )

The Commission 's answer to the Honourable Member 's

previous question ( E-l 19 / 95 ) referred to the preliminary
questions of the Hoge Raad der Nederlanden to the Court of
Justice in the Joint Cases C-430 and 431, Van Schijndel en

Van Veen tegen de Stichting Pensioenfonds voor
Fysiotherapeuten . On 15 June 1995 the Advocate-General
concluded that the pension fund in question performs a
purely social function . Referring to the social objectives
pursued by the fund and the substantial degree of solidarity
between its members, he considered that the pension fund is
more akin to a social security institution than to commercial
pension arrangements . Consequently, he concluded that the
pension fund in question, in its relations with its members,
does not act as an undertaking but as a social institution
which the members of the profession have entrusted with
responsibility for making their pension arrangements .

The Court has not yet delivered its final judgment in the
abovementioned cases . The ruling is expected shortly . The
ruling of the Court may shed some light on the issues raised
by the Honourable Member .

If one follows the Advocate-General 's reasoning one has to
conclude that activities of pension funds, such as that of
physiotherapists in the Netherlands, are not covered by
Articles 85 and 86 of the EC Treaty . Consequently the State
measures related to such funds should not be assessed in

relation to these Treaty provisions .

As already mentioned in the previous answer the
Commission takes the view that pension funds should
probably be considered to be undertakings . Consequently, if
they restrict competition by entering into agreements or by
participating in concerted practices which may affect trade
between Member States, their actions would fall within the
scope of the competition rules . However, the Commission
takes the view that a legal obligation to participate in a
pension fund may be justifiable on grounds of general
interest provided that the obligation is proportionate to the
policy objectives pursued . 

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 43

QUESTION E-2826 / 95 bear in mind the need for an overall balance between various
Alavanos ( GUE / NGL ) CIs based on the priorities established in terms of supporting

employment, strengthening the transnational nature of the

to the Commission

initiatives and promoting innovative approaches . In view of
( 16 October 1995 ) this, only the aspects related to flooding and drought came

( 96 / C 56 / 79 ) within the scope of Interreg II . C.

WRITTEN QUESTION E-2826 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 96 / C 56 / 79 )

The Commission would also remind the Honourable

Subject : Use of Structural Fund reserve Member that the breakdown of the CI reserve was debated

by Parliament 's Committee on Regional Policy on
17 October and that the communication on Interreg II . C. is
The EU is to use ECU 1,5 billion of the Structural Fund about to be finalized . It will be published very soon .
reserve to compensate farmers afflicted by natural disasters ;
ECU 750 million of that amount is for farmers stricken by
drought .

In view of the fact that natural disasters are on the increase

and that the damage they cause is not only the result of
drought but also of earthquakes, floods and forest fires ; will
the Commission say :

1 . what criteria determine that half the reserve is used to

cover damage caused by drought ? Has an overall
assessment been made of the proportion involved for
each type of natural disaster ?

2 . whether compensation for farmers will extend to
damages incurred in previous years, given that in
numerous instances, such as the fire in Ikaria in 1993,
the drought in Macedonia in 1993 and the floods in
Thessaly in 1994, the EU has made only a token
contribution to date ?

3 . whether it will take practical measures in response to the
opinion expressed by Commissioner Franz Fischler that
the Member States should give greater priority to
providing compensation for natural disasters when
Structural Fund resources are allocated ?

Answer given by Mr Fischler
on behalf of the Commission

(5 December 1995 )

1 . On 4 October the Commission decided how the

reserve of the Community Initiatives ( CI ) — an estimated
ECU 1, 665 billion — was to be allocated . Of the total, ECU
415 million was allocated for the third component of
Interreg ( Interreg II . C. ) where it will be used to improve
international cooperation in water management, with ECU
165 million for combating flooding and ECU 150 million
for cambating drought, and to help create a more balanced
European development-planning area ( ECU 100 million ).
When allocating these resources, the Commission had to

2 . The Commission would point out that the Structural
Funds are not to be seen as a sort of insurance mechanism or

an adjunct of national systems of insurance against natural
hazards . Though Article 5(h ) of Regulation ( EEC )
No 2085 / 93 (') does provide for the use of the EAGGF
Guidance Section to restore agricultural and forestry
production potential damaged by natural disasters, it
expressly relates to the potential and not production .
Assistance from the Fund is a possibility, where the adverse
effects on production potential of an earlier disaster
continue to obstruct development and the national or
regional authorities concerned, in accordance with the
partnership rules, have drawn up a duly substantiated
request for funding under Communiy support frameworks,
single programming documents or other programmes .

3 . The Commission has consistently reminded Member
States that they can state their own priorities within CSFs or
single programming documents . They can, for example,
draft structural measures to counter the effects of climatic

vagaries under the headings of land or pasture
improvement, irrigation and drainage or the restoration of
damaged agricultural and forestry potential . Several
measures have already been adopted under CSFs for some
southern regions : examples include the 1989 — 1993
Portuguese drought operational programme, the measures
to deal with drought and frost damage introduced into the
operational programme for Greek agriculture in the same
period or the substantial water control measures for farmers
in Spain and Greece . In the light of the partnership and
inasmuch as measures are geared to restoring or preserving
production potential ( and not to compensating for lost
harvests ), responsibility for establishing priorities rests with
the Member States and regions eligible for the Structural
Funds, whose requests are examined and, where
appropriate, approved by the Commission according to the
rules and procedures governing the Structural Funds .

(') OJ No L 193, 31 . 7 . 1993 .

No C 56 / 44 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION P-2829 / 95

by Frode Kristoffersen ( PPE )

to the Council

( 11 October 1995 )

( 96 / C 56 / 80 )

Subject : Publication of minutes and declarations made at

meetings at which the Council is acting in its
legislative capacity

It has been reported in the media that the Council has
discussed the introduction of a new practice, in accordance
with which its minutes and declarations made at its meetings
would be published in some but not all cases . It appears to
have been demonstrated, however, that keeping certain
minutes and declarations secret poses a fundamental
problem, in that an unpublished document could relate to
the interpretation by one or more Member States of a
Decision or proposal for a legal act adopted by the Council .
The crux of the problem is that neither the Court of Justice
nor the general public is acquainted with the unpublished
interpretations and they can naturally relate only to legal
acts in the form in which they are published in the Official
Journal of the European Communities .

Does the Council intend to put a complete stop to the
current practice, which can cause confusion as regards the
interpretation and application of legal acts which have been
adopted, so that the public can be sure that any such act is
interpreted and implemented in the same way in all Member
States ?

Answer

The Annex to the Council 's Rules of Procedure also

determines when the Council does not act as legislator, viz .
in discussions leading to the adoption of internal measures,
administrative or budgetary acts, acts concerning
inter-institutional or international relations or non-binding
acts such as conclusions, recommendations or resolutions .
Consequently, in such instances the Code of Conduct of
2 October 1995 does not apply .

With regard to current practice, the Honourable Member 's
attention is drawn to the fact that in the context of the Code

of Conduct the Council agrees to use statements in the
minutes sparingly, it being understood that this instrument
must continue to contribute to the efficiency of the
decision-making process . That practice will not cause
confusion as regards the interpretation and application of
legal acts which have been adopted because, as the Court of
Justice has consistently held ( 2 ), ' the true meaning of rules of

Community law can be derived only from those rules
themselves, having regard to their context . That meaning
cannot therefore be affected by such a statement ' ( in the
minutes ).

(') OJ No L 304, 10 . 12 . 1993, p. 1, as last amended in OJ No L 31,

10 . 2 . 1995, p . 14 .

( 2 ) Judgment of 15 . 4 . 1986, Commission v. Belgium, Case 237 / 84,

ECR p. 1247 .

WRITTEN QUESTION E-2832 / 95

by Karl Schweitzer ( NI )

to the Commission

( 18 October 1995 )

( 96 / C 56 / 81 )

( 21 December 1995 ) Subject : Notification of waste shipments on the ' Green

List '

On 2 October 1995 the Council adopted a Code of Conduct
on public access to the minutes and statements in the
minutes of the Council acting as legislator . The Code states
that the Council ' is in favour of public access, in general, to
statements which it enters in its minutes when adopting
legislative acts '.

That Code of Conduct applies to fields in which the Council
acts as legislator .

Shipments of wastes listed in Annex II of Council
Regulation ( EEC ) No 259 / 93 (^ on the supervision and
control of shipments of waste (' Green List ') are, like goods,
subject to no trade restrictions within the Community .
However, under the transitional provisions of the Act of
Accession of the Republic of Austria to the European Union
with regard to this Regulation, some of the types of waste
contained on the ' Green List ' are classified under Austrian

rules as hazardous waste until 31 December 1996 .

What procedures are to be followed concerning Community

The Annex to the Council 's Rules of Procedure (') shipments of waste affecting Austria if a European Union
determines when the Council acts as legislator . It does so Member State declines to carry out the notification
when Member it adopts States whether rules which by means are legally of Regulations binding in, Directives or for the procedure contained in on the the ' grounds Green List that ' in Annex the waste II of concerned the Council is
or Decisions, on the basis of the relevant provisions of the Regulation on the supervision and control of shipments of
T reaties, in particular on the basic of Article 43 of the T reaty waste, although it is classified as hazardous wastes in
establishing the European Community or in the framework Austria ?
of the procedures in Article 189b and Article 189c of that
Treaty . (') OJ No L 30, 6 . 2 . 1993, p . 1 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 45

Answer given by Mrs Bjerregaard Answer given by Mr Monti
on behalf of the Commission on behalf of the Commission

( 30 November 1995 ) ( 30 November 1995 )

Council Regulation ( EEC ) No 259 / 93 on the supervision
and control of shipments of waste within, into and out of the
Community establishes a system of notification and control
procedures for shipments of waste . As pointed out by the
Honourable Member, shipments of waste listed in Annex II
of this Regulation which are destined for recovery
operations are in principle excluded from that system .
However, the Act of Accession provides that transitional
provisions shall apply to Austria until 31 December 1996,
allowing Austria to maintain the classification of certain
wastes listed in Annex II as hazardous and thus subject to
the control procedures .

Consequently, until 1997 the other Member States are
required to cooperate in carrying out the notification
procedure for those wastes of Annex II which are classified
as hazardous in Austria in case a planned shipment involves
Austria as the Member State of dispatch, destination or
transit . To date, the Commission is not aware of any refusal
of Member States to cooperate in this respect . Should a
Member State refuse to cooperate, the Austrian authorities
could file a complaint on the basis of which the Commission
could take the appropriate action and if need be open
infringement proceedings against the Member State
concerned .

WRITTEN QUESTION E-2833 / 95

by Gerhard Schmid ( PSE )

to the Commission

( 18 October 1995 )

The Commission has always taken the view that legislation
imposing the use of a given language in relations between
economic operators cannot be justified as being in the
interest of consumers and may constitute an obstacle to free
trade within the meaning of Article 30 of the EC Treaty on
the free movement of goods . Such a requirement, applying
when goods are sold to final consumers, could also prove to
be incompatible with Article 30 of the EC Treaty on the
grounds that it is disproportionate .

In view of the importance of this matter, the Commission
adopted a communication concerning the use of languages
in the marketing of foodstuffs ('), the principles of which
may be applied to other types of product . At the same time,
it adopted a more general communication concerning
language use in the information of consumers in the
Community ( 2 ).

A number of complaints against the law referred to by the
Honourable Member are currently being examined by the
Commission under the procedure provided for in
Article 169 of the EC Treaty . An in-depth examination of
the interpretation given to this law and its application will
show whether it is compatible with the EC Treaty, and
particularly with Articles 30 to 36 thereof .

(') COM(93 ) 532 .

( 2 ) COM(93 ) 456 .

( 96 / C 56 / 82 ) WRITTEN QUESTION E-2837 / 95

by Karl Schweitzer ( NI )

to the Commission

Subject : Law on the use of the French language ( Toubon

Law ) and free competition in the internal
market

The French Government has adopted a law ( the ' Toubon
Law ') requiring foreign suppliers of goods for the French
market to draft all relevant documentation ( tenders,
advertisements, invoices, contracts, correspondence )
exclusively in French .

1 . Does the Commission agree that this constitutes a
non-tariff barrier to trade, which is incompatible with
internal market rules, since, in practice, it has the same
effect as many technical standards ?

2 . If so, what steps will the Commission take ?

3 . What steps would the Commission take if other

Member States adopted similar laws ?

( 18 October 1995 )

( 96 / C 56 / 83 )

Subject : Shipments of waste : notification and controls

In its opinion ('), the Economic and Social Committee
points out that notification is not the same as authorization .
However, a special authorization procedure was created
under Article 4 of Council Regulation ( EEC ) No 259 / 93 ( 2 )

( on shipments of waste ) in response to obstacles to the
internal market and administrative costs .

In reply to a question on the freedom of movement of goods
and shipments of waste, the Commission indicated

( E-2218 / 88 ) ( 3 ) that shipments of waste between Member
States would no longer be checked at internal Community

No C 56 / 46 EN Official Journal of the European Communities 26 . 2 . 96

borders once the latter had been removed . However, those
involved in the handling of waste maintain that, in many
cases, controls on waste shipments within the Community
are not being carried out at all and the provisions of the
Council Regulation on shipments of waste are being
infringed as a result .

1 . To what extent has an authorization procedure instead
of a notification procedure been created through the use
of the term ' authorization ' instead of ' acknowledgement
of notification ' in Article 4 of Council Regulation ( EEC )
No 259 / 93 on shipments of waste ?

— provisions have been laid down to deal with cases of

illegal traffic or cases where for specific reasons a
shipment cannot be completed as planned .

2 . In the same way as Directive 84 / 63 1 / EEC, Regulation

( EEC ) No 259 / 93 leaves to the Member States the practical
supervision and control of shipments of waste, i . e . the
actual enforcement of the requirements . According to
Article 30, controls may include inspections of
establishments and undertakings, spot checks of shipments,
inspection of documents, confirmation of identity and the
physical control of the waste . Such controls may take place
in particular at the point of origin or destination of a
shipment, at the external frontiers of the Community or
during the shipment within the Community .

2 . What type of controls have been introduced for shipment, at the external
shipments of waste within the Community, in during the shipment within
accordance with Council Regulation ( EEC ) No 259 / 93,
and how reliable are they ?
(') OJ No L 326, 13 . 12 . 1984 .

(M OJ No C 269, 14 . 10 . 1991, p . 10 .

( 2 ) OJ No L 30, 6 . 2 . 1993, p . 1 .

( 3 ) OJ No C 202, 7 . 8 . 1989, p . 22 .

WRITTEN QUESTION E-2840 / 95

Answer on behalf of given by the Mrs Commission Bjerregaard by Christine Crawley ( PSE )

to the Commission
( 30 November 1995 )

( 18 October 1995 )

( 96 / C 56 / 84 )

1 . Under the abrogated Directive 84 / 63 1 / EEC on the
supervision and control within the Community of the
transfrontier movement of hazardous waste ( 1 ) a planned
shipment only had to be notified to the authorities involved .
However under Regulation ( EEC ) No 259 / 93 on the
supervision and control of shipments of waste within, into
and out of the Community a planned shipment has to be
notified and furthermore has to be authorized by all the
authorities involved .

In itself, an ' acknowledgement of the notification ' as
provided by Directive 84 / 63 1 / EEC is not very different from
an ' authorization ' under Regulation ( EEC ) No 259 / 93 .
However, in order to transpose into Community legislation
the requirements of the Basel Convention on the control of
transboundary movements of hazardous wastes and their
disposal a more stringent notification and control system is
needed and :

— the scope of application is extended to cover also

non-hazardous waste when shipped for disposal ;

— the possibilities for the authorities to object to a

shipment have been enlarged, in particular regarding
shipments destined for disposal ;

— the monitoring of shipments has been improved in that,

within 180 days of the receipt of the waste, the consignee
has to issue a certificate that the disposal or recovery
operation has actually been executed in conformity with
the information provided by the notifier on the
consignment note ; and

Subject : Milk

May I thank the Commission for its reply to my question on
milk, E-1947 / 95 (*). I am now led to believe that the
Commission is considering reviewing the UK 's use of ' milk '
as in ' soya milk '? Would the Commission update me on
this ? Is the term ' coconut milk ' to be allowed ? What is the

Commission 's view of the term ' almond milk '?

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

Answer given by Mr Fischler
on behalf of the Commission

( 17 November 1995 )

The present legal position is that the product still known as
' soya milk ' in the United Kingdom does not qualify for
exemption from the prohibition of using dairy product
designations for non-dairy foodstuffs under Council
Regulation ( EEC ) No 1898 / 87 ( J ). Its sale under that
designation is already illegal in the United Kingdom .

The Commission has in recent months received many letters
from the United Kingdom as part of a campaign to save the
designation soya milk . The Commission has re-examined

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 47

the matter in the light of the submissions made by those
participating in the campaign but has taken the view that no
change in the position outlined above would be justified .

It should be stressed that this milk substitute prepared from
soya beans may, of course, still be lawfully sold, only the
word ' milk ' needs to be removed from packages and
advertising material . United Kingdom consumers will
therefore still be able to buy the product of their choice .

The term ' coconut milk ' and its equivalent in the other
Member States ' languages is permitted because it is a very
long established designation for a natural product which is
not a substitute for milk of animal origin .

The Regulation does not permit the use of the designation

' almond milk ' in English . However, in France and Spain
products exist respectively under the designations iait
d'amande ' and ' leche de almendras ' which, nevertheless,
differ fundamentally from soya milk .

The French product is, according to information available to
the Commission, sold only in powder form to pastry cooks,
ice cream makers and confectioners, it is not sold in liquid
form direct to the consumer .

(') OJ No L 182, 3 . 7 . 1987 .

Will the Commission take immediate steps to establish
clearly and unambiguously the import procedures which
must be followed, so as to end the current illegal entry on
European markets of citrus fruit from other countries, since
it is not only endangering Sicilian produce with parasitic and
cryptogamic infestation but, even more alarmingly, is
threatening to eliminate the citrus fruit cultivation sector in
Sicily, which is already encountering increasing marketing
problems as a result of continually rising costs ?

Answer given by Mr Fischler
on behalf of the Commission

(1 December 1995 )

The Commission does not have sufficient details of the

matter to be able to investigate the problem raised and is not
therefore in a position to answer the question at the
moment . ( It would ask the Honourable Member to provide
more details .)

WRITTEN QUESTION E-2844 / 95

by Livio Filippi ( PPE )

to the Commission

( 18 October 1995 )

WRITTEN QUESTION E-2843 / 95 ( 96 / C 56 / 86 )

by Sebastiano Musumeci ( NI )

to the Commission

( 18 October 1995 )

( 96 / C 56 / 85 )

Subject : Citrus fruit cultivation in Sicily

Citrus fruit cultivation, a characteristic area of economic
activity in Sicily, is a major source of employment and
revenue for an area afflicted by endemic economic crisis .

Clandestine imports of Argentine winter lemons ( early
lemons ), which have different organoleptic characteristics
from summer lemons produced in the south, as well as
oranges from as far as South Africa or from Morocco, Israel
and Tunisia, are appearing on the Italian market .

These countries are unable to sell their citrus fruit directly in
Europe, except through clandestine channels or through
producer countries such as Spain, which is rumoured to be
selling enormous quantities of citrus fruit from Morocco
and South Africa and under its own brand names on the

European market .

Subject : Import and export certificates for certain cereal

products

The entry into force on 1 July 1995 of the agricultural
agreements concluded as part of the Uruguay Round has
affected trade arrangements with third countries . As of

1 July 1995, import and export licences are required for
all products listed under Article 1 of Regulation ( EEC )
No 1766 / 92 (').

Regulation ( EEC ) No 121 / 94 ( 2 ), relating to the exemption
from the import levy of certain products in the cereals sector
laid down in the agreements between the European
Community and the Republic of Poland, the Republic of
Hungary, the Czech Republic and the Slovak Republic,
provides for reduced import levies .

Under Regulation ( EEC ) No 3719 / 88 ( 3 ) laying down rules
governing applications for, and the issue of, licences and
certificates, holders are entitled to transfer ( in full or in part )
the rights attached to import licences . It is clear that this
encourages and facilitates speculation with import licences,

No C 56 / 48 EN Official Journal of the European Communities 26 . 2 . 96

involving dealing costs and hence affecting cereal import
prices .

1 . Does the Commission not consider that such purely
speculative activities are unacceptable from the point of
view of sound administration of preferential import
arrangements ?

2 . What steps will be taken in future by those responsible

for processing applications to ensure that certificates are
allocated in as fair and transparent a manner as
possible ?

3 . In order to prevent speculation involving these
arrangements, in particular those set out in Regulation

( EEC ) No 121 / 94, would it not be more equitable to
waive the general principle of transferability of
certificates so that only the holder would have the
transferable right to import the products in question ?

(>) OJ No L 181, 1 . 7 . 1992, p . 21 .
C -) OJ No L 21, 26 . 1 . 1994, p . 3 .
(■') OJ No L 331, 2 . 12 . 1988, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 10 November 1995 )

The Commission is bound by undertakings it has given not
to restrict access to imports under quotas granted for cereals
from Poland, Hungary, the Czech Republic and the Slovak
Republic .

Clearly the fact that the goods can be imported more
cheaply under the quotas may give the holders of import
licences an incentive to undertake certain speculative
dealings, but with two years ' experience of implementing
this quota-based system the Commission has no knowledge
of facts such as those described by the Honourable
Member .

The import rules currently applicable to these quotas allow
access for all interested parties, and no restrictions attach to
the lodging of applications for import licences — the
Commission processes all the applications it receives . Where
the aggregate volume of applications in the Community
exceeds the available quota volume an allocation coefficient
is applied so that each applicant is issued, pro rata, a licence
for a fixed proportion of the quantity requested .

Since all interested parties have access to the quotas the
system can be regarded as entirely transparent and the fact
that licences are transferable does not fundamentally alter
the use made of that access . If it were shown that undue

advantage was being obtained or speculation taking place

on the strength of the transferability of licences, however,
the point could always be re-examined, and the Commission
would then decide on an appropriate and legally acceptable
approach .

WRITTEN QUESTION E-2850 / 95

by Philippe De Coene ( PSE )

to the Commission

( 18 October 1995 )

( 96 / C 56 / 87 )

Subject : Implementation of Directive 76 / 464 / EEC

Directive 76 / 464 / EEC ( ] ) requires the Member States to
take the appropriate steps to eliminate or reduce pollution
of the aquatic environment by dangerous substances by
means of a system of authorization for discharges,
programmes for the reduction of pollution from area and
point sources, etc . At the fourth North Sea Conference in
Esbjerg a few weeks ago, it was agreed to reduce all
discharges of dangerous and persistent substances into the
North Sea to zero within a generation . Given that Directive
76 / 464 / EEC provides an eminently suitable legal
framework, why is it that, since 1990, the Commission has
submitted no more proposals to the Council for measures to
implement this Directive ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 30 November 1995 )

The Commission 's 1990 ( ] ) proposal for amending
Council Directive 76 / 464 / EEC on pollution caused by
certain dangerous substances discharged into the aquatic
environment was not accepted by the Council, which was
one of the factors which led the Commission to rethink its

approach with regard to this Directive .

Thus at the Edinburgh Summit of 1992, the Commission
announced its intention to submit a new proposal for the
modification of the Directive . It is intended that, together
with the proposed Directive on integrated pollution
prevention and control, a streamlined, updated Directive
76 / 464 / EEC will provide comprehensive means of
controlling industrial emissions of pollution .

(') OJ No C 55, 7 . 3 . 1990 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 49

WRITTEN QUESTION P-2853 / 95

by Roberto Mezzaroma ( UPE )

to the Commission

( 11 October 1995 )

96 / C 56 / 88 )

Subject : European financing for projects to combat social

exclusion for 1995

In view of the fact that there has been no news about the call

for tenders concerning the European financing of projects to
combat social exclusion in 1995 and that I myself only
found out about it as the result of a meeting, requested by
me, with Commission officials, can the Commission say
when the call to tender was published and how, specifying to
whom it was sent ( organizations, the media, etc .)?

In view of the fact that the deadlines for submitting
applications for a specific contribution are very tight and
that the call for tenders has not been widely publicized, can
the Commission extend the deadline until 30 November

1995 ?

Answer given by Mr Flynn
on behalf of the Commission

( 10 November 1995 )

The Social Affairs Council of 29 June 1995 was unable to
reach agreement on the Commission proposal for a
medium-term action programme to combat exclusion and
promote solidarity ('). The budgetary authority has
endowed budget line B3-4103 with funding for a broad
range of activities to combat social exclusion in 1995 . The
Commission announced to the Council on 29 June that this
budget would be put to use according to the budget
procedure .

Following this, a one-year scheme was announced in August

1995 which will co-finance a limited number of activities

seeking to overcome social exclusion . The scheme will be
guided by the considerations that all commitments and
payments will be compatible with the non-programme
activities set out in the budgetary remarks for the line, and
that the type of multi-annual projects or activities which are
envisaged under the proposed programme will not be
funded .

Information about the scheme was immediately made
available by the Commission ( 2 ). Information was sent to
the Parliament, to the Member States, as well as to non
governmental organizations working in the fields of poverty
and social exclusion . It was made freely available to all
organizations and members of the public seeking the
information . A Commission representative also attended a
meeting of the social affairs committee of the Parliament in
September in order to answer questions from members .

In view of the fact that this funding is only available under
the 1995 budgetary procedure, it was necessary to set a
deadline for posting of applications, which would enable the
processing, evaluation and selection of projects, as well as
the conclusion of contracts, to be carried out within this
budgetary year . The Commission has meanwhile received
almost 1 900 applications for funding under this scheme . In
the circumstances outlined above, extending the deadline, as
the Honourable Member suggests, is not feasible .

(') COM(93 ) 435 final .

( 2 ) IP(95 ) 918 .

WRITTEN QUESTION E-2855 / 95

by Eva Kjer Hansen ( ELDR )

to the Commission

( 18 October 1995 )

( 96 / C 56 / 89 )

Subject : Bee-keeping on Lasso

1 . Does the Commission consider it in keeping with
Part 3, Title I, Chapter 2, Article 30 of the EU Treaty and EU
Directive 92 / 65 / EEC ( ] ) to prohibit EU citizens living on
L C ESo from importing bees from other parts of the European
Community, moving bee-hives to the south of Europe in
spring to obtain nectar and returning to Lseso in late
summer for heather nectar and wintering ;

2 . Does the Commission consider it in keeping with
Part 3, Title I, Chapter 2, Article 30 of the EU Treaty and EU
Directive 92 / 65 / EEC to prohibit EU citizens living on Lseso
from keeping bees that do not belong to the species Apis
mellifera mellifera ( the brown Lses0 bee )?

(') OJ No L 268, 14 . 9 . 1992, p . 54 .

Answer given by Mr Fischler
on behalf of the Commission

(1 December 1995 )

Council Directive 92 / 65 / EEC lays down the animal health
requirements governing trade in and imports into the
Community of animals, semen, ova and embryos not subject
to animal health requirements laid down in specific
Community rules . The Directive applies to trade in bees
within the Community ( i.e. between Member States ) and
trade in bees with third countries . It does not apply to trade
in bees within a Member State . The Directive applies to
trade in bees and therefore does not guarantee free
movement of bees within the Community in the absence
of trade, which would appear to be the case where
transhumance occurs .

No C 56 / 50 EN Official Journal of the European Communities 26 . 2 . 96

As regards imports of bees into Denmark from other since 1 July 1995 by the German and United Kingdom
Member States, only those restrictions which are imposed intervention agencies .
by Articles 13 to 15 of the Directive 92 / 65 / EEC may be
imposed . Article 13 imposes the requirement of a transport
document corresponding to the specimen in Annex E of the
Directive . Articles 14 and 15 of the Directive provide for the
laying down of additional guarantees which may be
required in trade after a Member State has presented a WRITTEN QUESTION E-2892 / 95
voluntary or compulsory control or monitoring programme by Carmen Fraga Estévez ( PPE )
for inter alia European foulbrood varroasis and acariasis or

to the Commission

where a Member State has demonstrated to the Commission
that its territory is free of these diseases . ( 21 October 1995 )

WRITTEN QUESTION E-2892 / 95

by Carmen Fraga Estévez ( PPE )

to the Commission

( 21 October 1995 )

WRITTEN QUESTION E-2891 / 95

by Carmen Fraga Estévez ( PPE )

to the Commission

( 21 October 1995 )

( 96 / C 56 / 90 )

Subject : Intervention in cereals

The most recent grain harvests have been particularly poor
in Spain as a result of the drought which the country is
suffering . The Spanish intervention authorities have
therefore not kept stocks of grain, and Spanish farmers who
needed grain had to apply for it to the intervention
authorities of other Member States, with consequent
problems for farmers and stockrearers .

To prevent a recurrence of this situation, would it not be
possible, in unusual situations such as this, to transfer
products between the intervention bodies of different
Member States, in order to provide easier access to them for
farmers and stockrearers ?

( 96 / C 56 / 91 )

Subject : Refunds for the export of fruit and vegetables

The introduction of a new system of refunds for fruit and
vegetable exports has caused several problems, since before
the end of the first month all the certificates had been used

up, which provoked considerable anxiety in the sector . Can
the Commission say how many certificates have been issued
for products exported by the tonne and for each Member
State since this system came into force ?

Answer given by Mr Fischler
on behalf of the Commission

( 22 November 1995 )

The table below gives details of export licences issued for
fruit and vegetables during July and August 1995, broken
down by product and type of licence .

Since applicants were free to decide where to request and use
these licences, it would serve no useful purpose to give a
quantitative breakdown by Member State of issue .

Exports for which licences were issued during the period

July / August 1995
Answer given by Mr Fischler
on behalf of the Commission
( in tonnes )
( 28 November 1995 )

Refund fixed
Product

in advance

Refund not

fixed in

advance

Total

The Commission is aware of the problem facing Spanish
farmers and breeders as a result of the shortage of fodder
cereals on the Spanish market due to the persistent drought .
To remedy this situation, it has taken the following two

measures :

— supply of 440 000 tonnes of fodder cereals to the

Spanish market, given the issue of a standing invitation
to tender for stocks held by the German and Austrian
intervention agencies ;

— transfer into silos of the Spanish intervention agency of

200 000 tonnes of barley and rye held by the German
intervention agency .

It should be noted that these quantities are additional to the
tonnage of products offered for sale for delivery to Spain

Tomatoes 2 785 14 646 17 431

Shelled almonds 110 49 159

Unshelled hazelnuts 25 24 49

Shelled hazelnuts 447 161 608

Unshelled walnuts 0 0 0

Oranges 1 138 1 222 2 360

Lemons 7 816 2 692 10 508

Table grapes 5 637 12 922 18 559

Apples 2 516 7 465 9 982

Peaches and

nectarines 4 570 20 401 24 971

Total 25 044 59 582 84 627

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 51

QUESTION P-2904 / 95 Finally, the Commission is not involved in any pilot studies

David Bowe ( PSE ) involving the use of DME in buses either in Copenhagen or

to the Commission elsewhere .

WRITTEN QUESTION P-2904 / 95

by David Bowe ( PSE )

( 17 October 1995 )

( 96 / C 56 / 92 )

Subject : Dimethyl ether

Dimethyl ether is a substitute fuel for use in diesel engines
which produces very clean emissions and lower noise levels
than diesel oil . It is being developed by a Danish
Laboratory-Topsoe in Copenhagen jointly with the
Technical University of Denmark and the oil company
Amoco .

Can the Commission confirm that there has been a visit to

Topsoe to see this development and that Topsoe had a
preliminary meeting with DG XI officials in April of this
year ?

If so, what resulted from this meeting and is the Commission
involved in any pilot studies in the use of this fuel for fleet
vehicles such as buses ( in Copenhagen for example )?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 28 November 1995 )

Representatives of the Haldor Topsoe company visited
the Commission on 26 April 1995 and extensive
documentation on the product was submitted . It would
appear that dimethyl ether ( DME ) does indeed result in
significant reductions in pollutant emissions from diesel
engines and that as such should be regarded as one of a
number of potential technical solutions .

The product DME has not been evaluated directly under the
on-going auto oil programme ( collaborative technical
programme between the Commission and the oil and
automobile industries designed to assist in the development
of future proposals aimed at reducing vehicle emissions ).
Indeed the scope of this programme was always restricted to
conventional petroleum-based fuels which because of their
predominant market share present the most significant
short-term problem . However, it is clear that alternative
fuels such as DME, compressed natural gas and bio-diesels
may offer potential benefits in terms of emissions from
diesel engines and it is the Commission 's intention to
evaluate this potential as part of the follow-up to the auto oil

programme .

WRITTEN QUESTION E-2906 / 95

by James Provan ( PPE )

to the Commission

( 26 October 1995 )

{ 96 / C 56 / 93 )

Subject : UK fishing boat numbers

Recent figures published by the Commission show a large
increase in the number of fishing vessels in the last 20 years .
These figures do not agree with the number of active fishing
vessels known to MAFF, DAFS, and DANI, who state that
there were 7 012 vessels .

The Commission figures for 31 December 1993 show

11 055 as the number of fishing vessels appearing on the
Cardiff register, which includes active fishing vessels and
fishing vessels that had not previously been licensed ; it
includes, therefore, yachts and smaller vessels under
10 metres plus Channel Islands and Isle of Man boats .

Will the Commission put together some statistics that can be
a genuine basis for discussing future structural policy ?

Answer given by Mrs Bonino

on behalf of the Commission

( 17 November 1995 )

The Commission maintains a register of all the fishing
vessels in the Community fleet . A fishing vessel is defined in
Article 3 of Council Regulation ( EEC ) No 3760 / 92 ( ! ) as
any vessel equipped for the commercial exploitation of
living marine resources . The data in the register are supplied
by the Member States themselves .

The following table shows the number of United Kingdom
fishing vessels in the register each year since 1989, when the
register was established .

Date 1 . 1 . 198 9 1 . 1 . 1990 1 . 1 . 1991 1 . 1 . 1992 1 . 1 . 1993 1 . 1 . 1994 1 . 1 . 1995 1 . 7 . 1995

Number 9 760 10 494 11 205 10 948 10 976 11 055 10 243 9 983

No C 56 / 52 EN Official Journal of the European Communities 26 . 2 . 96

The register contains data on the physical characteristics of Answer given by Mr Fischler
all the vessels, including the length, tonnage and power . The on behalf of the Commission
following table shows the current number of vessels, and ( 23 November 1995 )
their total tonnage and power, classified by length class .

Length Number Power Tonnage

, 10 m 6 988 306 257 19 836

10, X, 15 15 m 1 431 172 797 18 971

15, X, 24 m 1 057 264 203 75 547

. 24 m 499 360 666 125 331

Not available 8 483 99

Total 9 983 1 104 406 239 784

These numbers include part time or inactive vessels . This is
important when considering future structural policy,
because part time vessels contribute to the total fishing
effort, and inactive vessels can often readily resume fishing
operations . Member States must supply the register with
information on the fishing effort of individual vessels or
groups of vessels, so the part time or inactive vessels can be
identified .

The figures in these tables exclude some vessels registered in
the Channel Islands . The figure for the total number of
vessels in the United Kingdom fleet as at 1 January 1992,
supplied by the British administration at the time of
this year 's mid-term review of the multiannual guidance
programmes, was 11 411 .

(') OJ No L 389, 31 . 12 . 1992 .

WRITTEN QUESTION E-2907 / 95

by Giles Chichester ( PPE )

to the Commission

( 26 October 1995 )

( 96 / C 56 / 94 )

Subject : Animal welfare during transport

What control mechanisms will the Commission propose
in order to ensure that the recent Council Decision on

animal welfare legislation is applied during overseas
transportation ?

If such mechanisms are to be the responsibility of Member
States, would this lead to unequal application of the
legislation ? How, in amending existing Directive
91 / 628 / EEC ( 1 ) by 95 / 29 / EC ( 2 ), does the Commission
intend to ensure that the legislation is properly and
uniformly applied in the 15 Member States, so as to avoid
unfair competition in the trade in animals, while ensuring
proper welfare standards are enforced ?

(') OJ No L 340, 11 . 12 . 1991, p . 17 .

Council Directive 91 / 628 / EC concerning the protection of
animals during transport as recently amended by Directive
95 / 29 / EC, is not directly applicable in third countries .
The Directive, nevertheless, contains provisions designed
to ensure that operators transporting animals from
Community territory to third countries respect adequate
welfare conditions for the animals . In particular the
authorities of the exporting Member State must ensure that
no animal is transported unless it is fit for the intended
journey and unless suitable provisions have been made for
its care during the journey and at arrival at the
destination .

Under rules introduced by Directive 95 / 29 / EC, which
Member State must implement by 1 January 1 997, a journey
plan must be prepared and submitted in advance . In
addition, improved standards for means of transport are
provided . The transport operator also has to provide a
written undertaking to comply with the requirements of the
Directive as far as the destination .

With regard to enforcement, the primary responsibility
remains with the Member States . The Commission is,
nevertheless, responsible for the uniform application of the
rules within the Community . If it is discovered that the
Directive is not being properly enforced by the authorities of
the Member States, the Commission normally intervenes
with those authorities and if the matter is not satisfactorily
resolved, may open infringement proceedings under
Article 169 of the EC Treaty .

The Commission is currently examining the further
possibilities which could be available to ensure that
Community exporters fully respect the Community 's
welfare provisions when they transport animals to third
countries .

WRITTEN QUESTION P-2916 / 95

by John Cushnahan ( PPE )

to the Commission

( 17 October 1995 )

( 961 C 56 / 95 )

Subject : Fisheries protection and coastal surveillance in

Ireland

Further to Written Question P-1598 / 95 f 1 ), what
developments, if any, have taken place and has the
Commission decided to provide further additional resources
to the Irish authorities ?

( 2 ) OJ No L 148, 30 . 6 . 1995, p . 52 . (') OJ No C 230, 4 . 9 . 1995, p . 53 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 53

Answer given by Mrs Bonino

WRITTEN QUESTION E-2924 / 95

on behalf of the Commission

by Jaak Vandemeulebroucke ( ARE )
( 17 November 1995 ) to the Commission

( 26 October 1995 )

On 13 October 1995 Parliament adopted a resolution ( 96 / C 56 / 97 )
endorsing the proposal for a Council Decision on a financial
contribution by the Community towards certain
expenditures incurred by the Member States in Subject : Job advertisements in the
implementing the monitoring and control system applicable
to the common fisheries policy (').

Subject : Job advertisements in the Flemish press

This proposal, which also takes account of the need to meet
the Council 's undertakings vis-a-vis Ireland, was adopted by
the Council ( Fisheries ) on 26 October 1995 .

(•) COM(95 ) 243 .

WRITTEN QUESTION E-2923 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 26 October 1995 )

( 96 / C 56 / 96 )

Subject : Commissioners ' interests

My conclusion from Commission President Santer 's answer
to question E-2 336 / 95 ( J ) and P-1084 / 95 ( 2 ) is that the
European Parliament may only raise questions about
Commission members ' other interests at the time when they
are appointed .

It follows from this that members of the Commission do not

take on additional professional and / or financial interests
during their period in office ; otherwise, there is a complete
absence of controls .

Does the Commission share this view ? If not, how does it
feel controls can be exercised in respect of any conflict of
interests ?

On Tuesday, 12 September 1995 a number of Flemish
newspapers published job advertisements for the Alfa

programme .

One of the contact addresses was given only in French . The
advertisements also gave an old telephone number, which is
no longer used, for further information .

Is it true that an outside agency is responsible for the
mistakes in this advertisement ? What action does the

Commission intend taking against this agency ?

Does the Commission intend to publish this advertisement
again ? If so, who will pay the costs ?

Answer given by Mr Santer
on behalf of the Commission

(6 December 1995 )

The Commission has instructed the relevant departments to
ensure that particulars given in future advertisements for
subsequent stages of the programme in question are

correct .

WRITTEN QUESTION E-2925 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(M OJ No C 300, 13 . 11 . 1995, p . 55 . ( 26 October 1995 )

( 2 ) OJ No C 190, 24 . 7 . 1995, p . 41 . ( 96 / C 56 / 98 )

Answer given by Mr Santer
on behalf of the Commission

( 16 November 1995 )

In accordance with Article 1 57 of the EC T reaty all members
of the Commission shall refrain from any action
incompatible with their duties and may not, during their
term of office, engage in any other occupation, whether
gainful or not . The members of the Commission have been
informed that if there is any change in their declaration of
business or financial interests, this should be notified to the
Secretary-General .

Subject : Use of languages in the European Union

Despite the answer by former President Delors to my
question E-2076 / 94 ('), I note that the letterhead of several
Commissioners still gives only the French version of their
addresses in Brussels .

The fact that the name ' Brussels ' is, in most cases, translated
into the language of the Commissioner makes this even

worse .

When will the Commission obey its own rules ?

(>) OJ No C 30, 6 . 2 . 1995, p . 56 .

No C 56 / 54 EN Official Journal of the European Communities 26 . 2 . 96

Answer given by Mr Santer
on behalf of the Commission

WRITTEN QUESTION E-2927 / 95

by Jaak Vandemeulebroucke ( ARE )
(6 December 1995 ) to the Commission

( 26 October 1995 )

Some months ago, the Commission reminded the ( 96 / C 56 / 100
departments responsible for printing the letterhead of its
Members of the rules on the styling of the address . Subject : Advertising on eggshells

Since then letterheads have been printed in accordance with
these instructions .

WRITTEN QUESTION E-2926 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

I understand from a Dutch newspaper that here are plans for
advertising on eggshells . The article says that this is being
done with financial support from the Commission .

Can the Commission confirm this report ? If so, what budget
line is being used to finance this project ? What use is this
project to the Union ?

Answer given by Mr Fischler
on behalf of the Commission

( 26 October 1995 ) ( 27 November 1995 )

( 96 / C 56 / 99 )

Subject : Use of languages at the institutions

I have tabled a number of questions in the past drawing the
Commission 's attention to the fact that only the French
versions of Brussels addresses are given in its publications .
On several occasions the Commission 's answer has been

that while regrettable, the fault lies with an outside agency
responsible for the publication in question .

When the Commission invites tenders for publications of
this nature does it specify that the language rules in force in
the Union must be respected ?

What action has the Commission taken against outside
agencies failing to comply with such rules ?

Answer given by Mr Santer
on behalf of the Commission

(5 December 1995 )

The Commission has instructed its staff to comply
scrupulously with the rules relating to the language versions
of its addresses in Brussels set out in the reply to the
Honourable Member 's Question No 2076 / 94 ( ! ) and
reminded them that these rules do not apply solely to
correspondence but also to all printed matter and
publications . It will be sure to remind its staff of these
instructions, with particular reference to printed matter
produced by outside contractors .

(') OJ No C 30, 6 . 2 . 1995 .

In 1993, the Commission had proposed to the Council to
authorize sales promotion statements on eggs and egg packs
for other items than eggs . The Council accepted this
proposal for statements on egg packs only ( Regulation

( EEC ) No 2617 / 93 ) (') but asked the Commission to present
a report on the question of advertising on eggs before the
end of 1996 .

This report will be based upon the results of field studies
which started in the United Kingdom in 1994 . The
Commission envisages an extension of these studies to other
Member States, including the Netherlands .

The field studies are carried out with the prior approval of
the Commission and national authorities, in collaboration
between companies involved in egg marketing and market
research . There is no financial support from the Community
budget, but the studies and subsequent analysis are financed
by the advertiser .

(') OJ No L 240, 25 . 9 . 1993 .

WRITTEN QUESTION E-2936 / 95

by Thomas Megahy ( PSE )

to the Commission

( 27 October 1995 )

96 / C 56 / 101

Subject : Directive on zoos

Following Parliament 's resolution B4-383 / 95 (') of
17 March 1995 calling on the Commission to maintain the
proposal for a Directive ( 2 ) which proposed a European
policy on zoos, and not to replace it with a Council
recommendation, when can we except a common position
to be put before Parliament ? Will this proposal be issued as a

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 55

Directive, in accordance with the wishes of Parliament, and

not as a recommendation ?

Answer given by Mr Bangemann

on behalf of the Commission

( 29 November 1995 )
(') OJ No C 89, 10 . 4 . 1995, p . 234 .

C -) COM(91 ) 177 — OJ No C 249, 24 . 9 . 1991, p . 14 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 November 1995 )

In view of the resolution to which the Honourable Member

refers the Commission recently reconsidered its June 1994
decision to replace the proposal for a Directive by a proposal
for a Council recommendation . It, however, came to the
same conclusion and a proposal for a recommendation will
be presented within the next few weeks .

WRITTEN QUESTION E-2950 / 95

by Erhard Meier ( PSE )

to the Commission

(9 November 1995 )

( 96 / C 56 / 102 )

Member States have asked the Commission to start work on

legislation concerning food supplements . The work is still at
a preliminary stage . It is intended to produce a discussion
paper which will set out the issues to be discussed and give
the opportunity to interested parties to comment on these
issues . The aim will be to identify the key elements in that
area which may be covered by any future Community
legislation . It is stressed that at this stage there are no
proposals for legislation on the matter .

WRITTEN QUESTION E-2964 / 95

by Peter Skinner ( PSE )

to the Commission

(9 November 1995 )

Subject : The LIFE project for an ornithological observatory (9

in the Central Enns Valley, Austria 96 / C 56 / 104 )

in the Central Enns Valley, Austria

It is clear from a statement from the Styrian regional
government concerning LIFE project 95 / 377 ( LIFE
95 / A / A22 / 377 / STK ) for an ornithological observatory in
the Central Enns Valley, that Styria refuses to cooperate
with the observatory, it will not take responsibility for the
project and thus is unable to co-finance it .

This being so, is the EU still prepared to promote the whole
of the LIFE project for an ornithological observatory in the
Central Enns Valley ( including its controversial sections )?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 November 1995 )

Will there be a review of the compatibility with EU law of
UK quarantine rules for domestic pets being brought from
mainland Europe in view of the present-day situation
concerning rabies and modern methods of monitoring ?

Subject : Quarantine restrictions in the UK for domestic pets

being brought from mainland Europe

Following an enquiry from a constituent, I would like to
clarify the position of the Commission on quarantine
restrictions in the UK for domestic pets being brought from
mainland Europe .

After negotiations between the Commission and the Land
Styria a solution for the Life project Naturreservat Mittleres
Ennstal has been reached by dividing the responsibilities for
the project . This solution will allow a cooperation between
the Styria Government and the Vogelwarte . Answer given by Mr Fischler
on behalf of the Commission

(1 December 1995 )
WRITTEN QUESTION E-2957 / 95

by Ian White ( PSE )

to the Commission

(9 November 1995 )

to the Commission The situation is under continuous review particularly in the

(9 November 1995 ) light of favourable developments resulting from the

Community funded rabies eradication programme and the

( 96 / C 56 / 103 )

further development of technology for identification and
testing of animals . It is the Commission 's intention to make
Subject : Dietary supplements suitable proposals in this matter at an appropriate time .

( 96 / C 56 / 103 )

Does the Commission have any legislative proposals on
dietary supplements and if so, on what basis will any
discussion paper be issued ?

No C 56 / 56 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION P-2985 / 95 2 . What, in the Commission 's view, are the main

by Irene Crepaz ( PSE ) problems that Austria has in taking up this aid ?

to the Commission

(1 November 1995 )

( 96 / C 56 / 105 )

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

Subject : Amount of Structural Fund aid currently utilized on

by Austria ( 30 November 1995 )

by Austria

1 . What percentage / amount of Structural Fund aid
intended for Austria has been utilized so far this year ?

Can the Commission provide a detailed breakdown for each
of the Austrian Lander ?

1 . At 31 October 1995, the state of commitments and
payments to Austria from the Structural Funds for the
financial year in course was as follows :

( ECU million )

Forecast spending

Commitments

Payments

Region Total 1995 executed executed
1995—1999 Tranche Single tranche

1995
Tranche Single tranche

executed

Objective 1 BGLD 165 60 28 80

Objective 2

STMK

NO

OÖ

VLBG

57 97

22 41

10 76

9 86

11 12

22 41

10 76

9 86

Objective 3 334 00 64 06 64 06 32 03

Objective 4 61 00 11 70 11 70 5 85

Objective 5 ( a )
agriculture 386 00 74 02

Objective 5 ( a )
fisheries 2 00 0 40 0 40 0 20

Objective 5 ( b )

NO

OÖ

STMK

KTN

T

SLBG

VLBG

111 60

98 50

85 30

58 00

34 40

16 00

7 20

21 18

18 90

16 19

11 02

6 61

3 07

1 37

Community
Initiatives ( CI )

Interreg 42 68 42 68

Urban 9 77 9 77

SMEs 8 74 8 74

Rechar 1 80 1 80

Resider 5 13 5 13

Retex 2 57 2 57

Employment 23 01 23 01

Adapt 11 57 11 57

Leader 23 27 23 27

CI reserve (') 17 53 17 55

(') For allocation as follows : Interreg : 6.14 — Leader : 3.17 — Employment + Adapt : 4.72 — Urban : 3.5 .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 57

2 . There is no delay to report in the use of Structural WRITTEN QUESTION
Fund aid to Austria . Under single programming documents by Joan Vallvé ( ELDR )
and Community initiatives, the Commission expects that by to the Commission
the end of the year about ECU 400 million will have been
committed, from the total ECU 1 623 billion allocated to ( 13 November 1995 )
Austria for the 1995 / 1999 programming period . ( 96 / C 56 / 107 )

WRITTEN QUESTION E-3021 / 95

to the Commission

( 13 November 1995 )

( 96 / C 56 / 107 )

WRITTEN QUESTION E-2997 / 95

by Mark Killilea ( UPE )

to the Commission

( 13 November 1995 )

( 96 / C 56 / 106 )

Subject : Charter of rights for the elderly

Further to the reply to Written Question No 421 / 93 ('), ona
charter for the elderly, what progress has been made by the
Commission and Member State representatives in defining
common policy objectives in this regard ?

In the light of recent events within the EU — assaults and
attacks on elderly people in a number of Member States,
growing instances of elderly people being returned to the
Community from sheltered accommodation due to national
budgetary restraints, the growing number of elderly people
who find themselves alone and isolated within society, does
the Commission not concede that an agreed charter of rights
for the elderly would greatly assist the work of
organizations and individuals devoted to this field, and that
it would give a much needed and heightened awareness of
the legitimate needs and fears of the elderly in our
communities ?

(•) OJ No C 264, 29 . 9 . 1993, p . 28 .

Answer given by Mr Flynn
on behalf of the Commission

Subject : Inclusion of the Ses Salines d'Eivissa i Formentera

wildlife area in the Nature 2000 European
conservation network

The Ses Salines d'Eivissa i Formentera wetlands are of major
ecological importance and contain a significant number of
priority habitats and species ( Directive 92 / 43 / EEC ( 1 )). It
has been included on the list of areas covered by the
Convention on Wetlands of International Importance

( Ramsar, 1991 ) and has been declared a Special Protection
Area for waterbirds under Directive 79 / 409 / EEC ( 2 ), a
Natural Area of Special Interest by the Government of the
Balearics and a Nature Reserve by the Spanish Government .
Its particular geographical location and geological
composition make it the most botanically interesting area in
the Pine Islands and it is also home to a large number and
varity of land-based and marine species for which the
Commission has granted priority protection . The area is,
however, under threat as a result of plans for urban and
tourist development which is not compatible with the
demands of the environment and natural resource

conservation .

Can the Commission say whether or not the Spanish
Government has submitted a list of areas eligible for
inclusion in the Nature 2000 European conservation
network ( Directive 92 / 43 / EEC )? If it has, can the
Commission say whether or not the Ses Salines d'Eivissa i
Formentera area has been included ? If the list has not been

received or if the area in question has not been included, can
the Commission say whether or not it intends to include it in
the Nature 2000 network under Article 5 of the above

Directive ?

(') OJ No L 206, 22 . 7 . 1992, p . 7 .

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

Answer given by Mrs Bjerregaard
( 11 December 1995 ) on behalf of the Commission

A declaration of principles concerning older people was
adopted by the Council and the ministers for social affairs,
meeting within the Council, on 6 December 1993 ( 1 ). This
declaration calls upon Member States to take account of
certain objectives when framing policies in areas of special
interest to older people . The Commission does not consider
that the adoption of a ' charter ' in this matter would
represent an improvement on the current situation .

( 29 November 1995 )

The Spanish authorities have already classified the Ses
Salines d'Eivissa i Formentera wetlands as a special
protection area under Council Directive 79 / 409 / EEC on the
conservation of wild birds, so the area is already included in
the Nature 2000 network .

There is thus no need to apply Article 5 of Council Directive

92 / 43 / EEC on the conservation of natural habitats and of
(') OJ No C 343, 21 . 12 . 1993 . wild fauna and flora .

No C 56 / 58 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION E-3030 / 95

by Nel van Dijk ( V )

to the Commission

( 13 November 1995 )

( 96 / C 56 / 108 )

Subject : Deforestation in Cambodia

Is it true that the Cambodian Government has granted
a Malaysian and an Indonesian firm timber felling
concessions for 30 % of the tropical rain forest in
Cambodia ( 1 )?

Does this not involve a threat of large-scale deforestation
and desertification, notwithstanding a ban on felling and
exporting timber ?

Is the Commission prepared to approach the Cambodian
Government and offer it aid in order to cancel these

concessions and to cooperate with the inhabitants of the
rain forest in seeking ecologically, economically and socially
acceptable alternatives to large-scale felling ?

(') NRC Handelsblad, 20 October 1995 .

Answer given by Mr Marin
on behalf of the Commission

( 28 November 1995 )

It was initially the Khmer Rouge who were responsible for
illegal timber felling in the Cambodian forests in areas under
their control, the timber being exported subsequently to
Thailand . However, since Thailand decided to reinforce
controls along its border with areas occupied by the Khmer
Rouge, this type of traffic has substantially reduced .

The Ministry of Defence in Cambodia is the authority
officially responsible for forest protection, but this does not
in practice prevent intensive and often uncontrolled
exploitation of the country 's forestry resources .

In this connection, 3 private Malaysian firm has reportedly
been granted a felling concession over an area of 1 million
hectares in the north of the country .

Although roughly 45 % of Cambodia still consists of forest,
there is very serious concern over the situation and the fact
that erosion is already occurring in the catchment basin of
the large Tonle Sap lake .

The Commission is currently committing an initial sum of
ECU 3 million for a programme in support of Cambodia 's
environment policy . It will be implemented on a priority
basis jointly with the Ministry of the Environment, whose

role is crucial to the government 's efforts to introduce an
effective policy of sustainable forestry management .

One of the components of the programme will focus on
forestry conservation .

The extent to which forestry exploitation in Cambodia can
be rationally controlled will depend, in the last analysis, on
the Government 's political will to implement an effective
policy of sustainable forestry resource management . Efforts
to this end will receive active support from the
Commission .

WRITTEN QUESTION E-3048 / 95

by Spalato Belleré ( NI )

to the Commission

( 15 November 1995 )

( 96 / C 56 / 109 )

Subject : Raising the age limit for EC professional training

courses

Does the Commission believe that it would be useful to raise

the age limit for professional training courses in the EC,
especially for intermediate and high-level courses ( for those
holding diplomas and degrees ), to take into account the
time needed to obtain a qualification, and particular
circumstances ( such as marriage, children, disabilities, etc .),
and in view of the fact that they are to be regarded as
professional courses ?

Answer given by Mr Flynn
on behalf of the Commission

(8 January 1996 )

The age of participants on vocational training courses
jointly financed by the European Social Fund is laid down in
the Community support frameworks for Objectives 1 and 3 .
Age differences, linked to paper qualifications, are taken
into account only in respect of measures aimed at young
people .

Any raising of the age limit would entail both alteration
of the abovementioned programming documents and
reappraisal of the priorities for action negotiated recently
with Member States .

In the case of measures targeting other beneficiaries, such as
the long-term unemployed, employees, women and the
socially deprived, no maximum age limit has been laid
down .

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 59

WRITTEN QUESTION P-3077 / 95

by Elisabeth Schroedter ( V )

to the Commission

( 13 November 1995 )

( 96 / C 56 / 110 )

Subject : Use of ERDF Funds in Spain which is not
campatible with the Structural Funds Regulation

( EEC ) No 2083 / 93

Spain wishes to seal its border with Africa in order to keep
out refugees who enter Spain across the Strait of
Gibraltar .

According to my information, a wall eight kilometres long
has been built in the Spanish enclave of Ceuta and equipped
with barbed wire and video cameras .

This has allegedly been financed largely from ERDF Fund

resources .

1 . Does the concept of Community assistance allow Spain
to plan to use ERDF resources in this manner ?

clothing sector states that the sector will no doubt continue
to play an important role in the European economy in the
future .

It also makes the point that the production and job cuts
likely to be brought about as a result of keener international
competition pose a critical problem : in general terms, the
consequences of integration will be such as to entail
adjustments to improve competitiveness and support
measures to aid the regions most directly affected .

That being the case, has the Commission been making the
necessary new arrangements with a view to implementing
the above measures ? If so, what does the procedure
involve ?

Answer given by Mr Bangemann

on behalf of the Commission

( 30 November 1995 )

2 . In the Commission 's view, is this use of ERDF resources
compatible with the Structural Funds Regulation ( EEC )
No 2083 / 93 (')? If so, how does the Commission justify The Commission considers that the integration of the textile
using these resources in this manner ? and clothing sector proposed as part of the Uruguay Round

will not fundamentally alter the general trends in the
(') OJ No L 193, 31.7 . 1993, p . 34 . sector .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(1 December 1995 )

As part of the 1994 — 1999 operational programme for
Ceuta, the European Regional Development Fund ( ERDF )
is co-financing the construction of a direct road link 8,3 km
in length and 10 m wide to run alongside the frontier with
Morocco . This road will cross the hill between Biuts and

Cabililla de Benzu thus making it possible to bypass .

Ceuta . There is, however, no question of the ERDF
financing the construction of a wall such as that referred to
by the Fionourable Member .

WRITTEN QUESTION P-3079 / 95

by Fernando Moniz ( PSE )

to the Commission

( 13 November 1995 )

( 961 C 56 / 111 )

This industry has embarked upon a process of adjustment in
an attempt to meet the challenges of the globalization of
markets and increased international competition .

In recent years the Commission has implemented a number
of programmes and made available a number of instruments
to which the textiles and clothing sector has access . It has
encouraged the sector to make more extensive and efficient
use of these facilities .

Where possible new initiatives are concerned, the
Commission has suggested a number of areas for discussion
by the industry, the Member States and the Community
institutions in its communication on the impact of
international developments on the Community 's textile and
clothing sector ( 1 ).

The debate on the subject has thus begun and the results will
make it possible to clarify the aspects on which a consensus
is needed . The Commission does not envisage taking any
additional action unless the problems cannot be resolved at
national level or would be resolved more effectively at
European level .

Subject : Textile and clothing sector in the European
Union (') COM(95 ) 447 final .

The recent Commission communication on the impact of
international developments on the Community 's textile and

No C 56 / 60 EN Official Journal of the European Communities 26 . 2 . 96

WRITTEN QUESTION E-3097 / 95

by Salvador Garriga Polledo ( PPE )

Answer given by Mrs Cresson

on behalf of the Commission

to the Commission ( 19 December 1995 )

( 20 November 1995 )

(: 96 / C 56 / 112 )

Subject : Desalination plants and the Cohesion Financial

Instrument

Is the construction of desalination plants one of the
objectives eligible for financing by the Cohesion Financial
Instrument ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(6 December 1995 )

Desalination projects were eligible under the cohesion
financial instrument and remain so under Regulation ( EC )
No 1 1 64 / 94 ( 1 ) establishing the Cohesion Fund, which
replaces it .

(') OJ No L 130, 25 . 5 . 1994 .

WRITTEN QUESTION E-3 112 / 95

The Commission fully shares the Honourable Member 's
view of the importance of efficient cooperation with the
Austrian Government in the field of vocational training,
among others . This is also why, in the run-up to Austria 's
accession, DG XXII welcomed a national expert seconded
from Austria, as well as a number of officials for periods of
training specially designed for them . In the course of 1995,
four Austrian officials have up to now each spent
three-month training periods with DG XXII .

As regards the secondment of a national expert, it should be
remembered that the appropriations that the Commission
currently has at its disposal for this type of external
personnel are fully committed . The request for secondment
made by the Austrian authorities will not be able to be
considered until around the end of the first six months

of 1996, while bearing in mind the priorities of the
Commission departments and the applicants ' profiles .

However, it should be stressed that the qualifications
required of an expert were set out in an agreement between
the Government of the Member State concerned and the

Commission .

by Hilde Hawlicek ( PSE ) WRITTEN QUESTION E-3 113 / 95

to the Commission by Hilde Hawlicek ( PSE )

( 20 November 1995 ) to the Commission

( 96 / C 56 / 113 ) ( 20 November 1995 )

( 96 / C 56 / 114 )

Subject : Recruitment of an Austrian expert into DG

XXII

Subject : European Community bodies, in particular
decentralized bodies

Following the accession of Austria on 1 January 1995,
Austrian nationals are now in a position to work for
European Union institutions and bodies . Austria 's
extremely valuable contribution to vocational training and
further training is recognized not only at European but also
at international level .

Before the summer of 1995, the Austrian Ministry of
Education had already approached Commissioner Cresson
concerning the possible recruitment by Directorate B of
Directorate-General XXII of an expert in the field of
vocational training, the recruitment of a national experts
being of great importance to Austria as a new Member State,
particularly for the sake of more efficient cooperation
between Austria and the Commission of the European
Union in the field of vocational training and further
training .

When could the recruitment of such an expert be
envisaged ?

In connection with my oral question ( H-633 / 95 ) ('), can the
Commission also indicate what criteria were applied for the
creation of ' second generation ' European bodies, given the
existence of ' first generation ' Community bodies already
capable of fulfilling tasks of major importance ?

(') Debates of the European Parliament No 4 ( September
1995 ).

Answer given by Mr Santer
on behalf of the Commission

( 18 December 1995 )

Further to the answer to the Honourable Member 's

Oral Question H-633 given during Question Time at

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 61

Parliament 's September 1995 part-session, it is perhaps
worthwile pointing out that the ( first and
second-generation ) bodies were set up to perform the
specific technical, scientific or managerial tasks defined in
their respective constituent instruments ( Regulations ( EEC )
or ( EC ): No 337 / 75 ( j ), No 1365 / 75 ( 2 ), No 1210 / 90 ( 3 ),
No 1360 / 90 ( 4 ), No 2309 / 93 ( 5 ), No 302 / 93 ( 6 ), ( EC )
No 2062 / 94 ( 7 ), No 2965 / 94 ( 8 ), No 2100 / 94 ( 9 ),
No 4 / 94 ( 10 ).

The Honourable Member is referred to the recitals to those

instruments, which set out the reasons which prompted the
establishment of the bodies concerned .

C ) OJ [No] [ L] 39, 13 . 2 . 1975 .

( 2 ) OJ [No] [ L] 139, 30 . 5 . 1975 .

( 3 ) OJ [No] [ L] 120, 11 . 5 . 1990 .

( 4 ) OJ [No] [ L] 131, 23 . 5 . 1990 .

( 5 ) OJ [No] [ L] 214, 24 . 8 . 1993 .

( 6 ) OJ [No] [ L] 36, 12 . 2 . 1993 .

( 7 ) OJ [No] [ L] 216, 20 . 8 . 1994 .

( s ) OJ [No] [ L] 314, 7 . 12 . 1994 .
n OJ [No] [ L] 227, 1 . 9 . 1994 .

( a ) there are sufficient other wholly effective contraceptive
preparations available,

( b ) the contraceptive pill is not a medicament to treat an

illness ?

6 . What is the CPMP 's view of the WHO research which

refers to an unacceptably high risk ?

7 . What is the CPMP 's view of the research by Professor
Jick ( Boston University Center ), which refers to a two-fold

risk of thrombosis ?

8 . Is the CPMP aware that the all-clear has been sounded

by Professor Spritzer, whose research was partly funded to
the tune of around DM 10 million by the Schering
company ? How does the Commission deal with this obvious
conflict of interest ?

9 . If further research is to be carried out by the CPMP
itself or commissioned elsewhere,

(> 0 ) OJ [No] [ L] 1 1, 14 . 1 . 1994 . ( a ) who will carry it out,

( b ) how will it be financed ?

Answer given by Mr Bangemann

on behalf of the Commission

WRITTEN QUESTION P-3 141 / 95 ( 14 December 1995 )

by Hiltrud Breyer ( V )

to the Commission

( 15 November 1995 )

( 96 / C 56 / 115 )

Subject : On the conclusions of the CPMP ad hoc working

party on contraceptive pills containing Destoden
or Desogestrel

1 . Why has the CPM postponed the decision on the ' mini
pill ', and on what grounds ?

2 . What rules on liability and compensation have been
and are being adopted ?

3 . Pending the final decision of the CPMP, who will be
liable for any cases of thromboembolism or death ?

4 . Will the CPMP carry out its own research, or will its
decision be based solely on research carried out by the
industry concerned ?

5 . Will the contraceptive pill be subject to the same
benefit / risk analysis ( Council Directive 75 / 319 / EEC of
20 May 1975 ) as customary medicaments, even though

During its meeting of 1 7 — 19 October 1995, the attention of
the scientific committee for human medicines within the

European agency for the evaluation of medicinal products

( the committee for proprietary medicinal products —
CPMP ), was drawn to three unpublished studies suggesting
an increased ( although still low ) risk of venous
thromboembolism associated with third-generation oral
contraceptives ( containing low doses of desogestrel or
gestodene ). Seven products containing these hormones are
marketed in Member States .

The studies included a multinational study carried out for
the World Health Organization ( WHO ), a cohort study
based on record linkage carried out by Professor H. Jick,
and a transnational study carried out by Professor W.O.
Spitzer .

A preliminary discussion with the investigators involved in
the three studies took place during the meeting of 17 — 19
October 1 995 . They were requested to fill in a declaration of
interest . Members thereafter analysed the data and a special
meeting of the CPMP was convened on 26 October 1 995 . At
this meeting, the committee considered that, in view of the
available data, it was not appropriate to withdraw these
products . The companies concerned were requested to
provide further data which will shortly be reviewed by the
committee . Messages to doctors and users were proposed in
a CPMP position statement aimed at Member States and
holders of marketing authorizations .

No C 56 / 62 EN Official Journal of the European Communities 26 . 2 . 96

The medicinal products in question are authorized by the
authorities of the Member States concerned . Authorization

does not affect the civil or criminal liability of the
manufacturer and the person responsible for placing the
product on the market . The risks evoked here are not
specific to these products and the studies suggest only an
increase in an existing pathology . It is worth mentioning
that this increase is much lower than that due to pregnancy
or smoking .

The CPMP is not itself conducting medical research .
Opinions of this committee are based on studies provided
for and requested from applicants or holders of marketing
authorizations . This includes all studies carried out by
independent medical teams or organizations such as the
WHO . Further studies could be envisaged in the framework
of the Biomed programme .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(1 December 1995 )

The Alqueva dam scheme is included in the Community
support framework for Portugal covering the years

1 994 — 1999, in which reference is made to the possibility of
co-financing from the European Regional Development
Fund, the European Agricultural Guidance and Guarantee
Fund and, where appropriate, the Cohesion Fund .

The Portuguese authorities put in a request to the
Commission for co-financing of the project from the
Cohesion Fund and also submitted a major project
application in the context of the programme to promote
regional development potential .

Additional information, including the environmental
impact assessment and the opinion of the Portuguese
environment body, was also sent to the Commission by the
Portuguese authorities on 5 September this year .

The matter is currently being studied by the Commission,
WRITTEN QUESTION P-3 153 / 95 which has yet to reach a final decision .

by Joaquim Miranda ( GUE / NGL )

to the Commission

( 15 November 1995 )

( 96 / C 56 / 116 )

WRITTEN QUESTION E-3 167 / 95

Subject : Community financing for the Alqueva dam

( Alentejo, Portugal )

The Portuguese media have been referring constantly to the
reservations which the Commission allegedly has about the
Community financing of the Alqueva dam .

The important and urgent nature of the project is not
compatible with such a mood of uncertainty . Undoubtedly
this is made worse by the lack of a clear, unequivocal and
definitive position on the part of the Commission . If it is true
that it has these reservations, they would be in sharp
contrast with the position expressed in the past by the
previous Commission, in the person of Commissioner Bruce
Millan .

Can the Commission therefore state, as s matter of urgency
and as clearly as possible, its real position regarding this
matter, in particular what doubts, reservations or
restrictions it may have about financing the project and, if it
has some, how and when it intends to overcome them ?

Can the Commission also say what facts or new
circumstances have induced it ( if this is the case ) to change
its mind and go back on the promises it made earlier ?

by Susan Waddington ( PSE )

to the Commission

( 29 November 1995 )

( 96 / C 56 / 117 )

Subject : Review of import quotas relating to China —

prison labour

During the current review by the Commission of import
quotas relating to China, European manufacturers and
human rights groups alike have shown concern over the
continued use of forced prison labour, particularly in the
footwear and textiles sectors, to produce goods at a
distorted price .

Firstly, what measures has the Commission taken to
investigate these claims, and are such factors being taken
into account by the review ?

Secondly, will the Commission ensure that pressure is placed
firmly on the Chinese Government, taking into account the
Council Regulation ( EC ) applying a three-year GSP regime
to industrial products originating in developing countries,
to bring an end to what appears to be a long-running
practice that is both a direct infringement of human rights
and a direct threat to European manufacturers ?

26 . 2 . 96 EN Official Journal of the European Communities No C 56 / 63

WRITTEN QUESTION E-3 169 / 95

by Susan Waddington ( PSE )

to the Commission

( 29 November 1995 )

( 96 / C 56 / 118 )

Subject : Review of import quotas relating to China — effect

on the textiles sector

During the present review of EC-wide import quota regimes
relating to China, will the Commission confirm that the
procedures being used during the review are identical for
each sector concerned ( e.g. that the procedures used for the
textiles and clothing sectors are not different from those
used for analysis of the footwear sector ), and will it outline
these procedures in order to illustrate this ?

During the present review of EC-wide import quota regimes
relating to China fears have been expressed that different
procedures are being used for the analysis of the textiles and
clothing sectors from those used for analysis of the footwear
sector, that will in turn unfairly distort the outcome of the
review process .

Will the Commission give its assurance, by outlining the
procedures being used, that this is not the case ?

well as by a bilateral agreement on silk, ramie and other
non-MFA textile products . Negotiations are currently
underway with the Chinese authorities on renewal of the
MFA agreement due to expire at the end of this year .

Articles 9 and 10 of Council Regulation ( EC )
No 3281 / 94 ( 2 ) applying a four-year scheme of generalized
system of preferences ( GSP ) in respect of certain industrial
products originating in developing countries, provide that
any Member State, or any natural or legal person or
association not endowed with legal personality, can bring to
the Commission 's attention a case which would justify
the withdrawal of GSP preferences under specified
circumstances . Until now, no such case has been reported to
the Commission .

It must however be underlined, that the importance
attached to human rights has been a consistent feature of the
Community 's policy towards China . The Commission 's
communication on a long-term policy for China-Europe
relations underlines the necessity for a constructive
engagement of the Community in this area . Most
recently the Commission used the opportunity of the
Community-China joint committee on October 6 and 9,

1995 to express the Community 's concern in this regard at
highest level .

(M OJ No L 67, 10 . 3 . 1994 .

Joint answer to Written Questions ( 2 ) OJ No L 348, 31 . 12 . 1994 .

E-3 167 / 95 and E-3 169 / 95

given by Sir Leon Brittan
on behalf of the Commission

( 14 December 1995 )

The Commission has undertaken to submit a report to the
Council before the end of this year on the quantitative
restrictions introduced by Council Regulation ( EC )
No 519 / 94 ('). This report will cover specifically seven
categories of products, namely gloves, footwear, ceramic
tableware, porcelain tableware, glassware, car radios and
toys . It will not deal with textile products, as they are not
covered by the Regulation .

The report will examine whether the economic
considerations which form the basis of the Council Decision

of 1994 are still valid :

— the sensitivity of the Community industries concerned,

and

— the increasing threat posed by imports from China to

these industries, made more acute by the particular
characteristics of the Chinese economy .

This analysis is conducted product by product, on the basis
of the same economic indicators for each product

category .

As mentioned above, textiles are not subject to the ongoing
review on the Community 's autonomous quota system for
products originating from China . On the contrary, trade in
textiles is covered by a bilateral multifibre arrangement

( MFA ) agreement between the Community and China as

WRITTEN QUESTION E-3229 / 95

by Maartje van Putten ( PSE )

to the Commission

(1 December 1995 )

96 / C 56 / 119 )

Subject : Reports on risks of contraceptive pill use

Whereas the European Agency for the Evaluation of
Medicinal Products has stated that earlier reports in the
British media on the risks to women from the use of the

latest generation of contraceptive pills were premature, the
German Health Council has again been making warning
noises, which has further intensified the concern already
aroused among millions of women, even though the Danish
and Netherlands Governments, together with health
organizations in Canada and the US in particular, have
contradicted the reports .

1 . Does the Commission agree that the appearance of
contradictory reports relating to the use of what is
an important form of medication for many people is
not in the interests of consumers, and moreover

No C 56 / 64 EN Official Journal of the European Communities 26 . 2 . 96

( independently ) makes an investigation necessary that
will clarify the situation for the public ?

2 . Will the Commission, in cases such as the above, where
the disclosure of research findings concerning medicinal
products of major importance to many European
citizens is concerned, consider assuming a coordinating
role for itself to prevent as far as possible the appearance
of conflicting reports that unnecessarily cause serious
public concern ?

Answer given by Mr Bangemann

on behalf of the Commission

( 16 January 1996 )

The Commission would refer the Honourable Member

to its answer to Written Question P-3141 / 95 by Mrs
Breyer ( 1 ).

(') See page 61 of this Official Journal .