Source: EURLEX
Language: en
Format: md

# Official Journal

## of the European Communities

### English edition Information and Notices

ISSN 0378-6986

## C187

Volume 34

18 July 1991

Notice No

91/C187/01

91/C187/02

91/C187/03

91/C187/04

91/C187/05

91/C187/06

91/C187/07

91/C187/08

91/C187/09

Contents Page

I _Information_

European Parliament

_Written Questions with answer_

No 1055/90 by Mr Bryan Cassidy to the Commission
Subject: Implementation of company law directives 1

No 1246/90 by Mr Raphael Chanterie to the Commission
Subject: Franco-Belgian fishing dispute in the Bay of Biscay 2

No 1714/90 by Mr Rolf Linkohr to the Commission
Subject: Employment of disabled people in the European institutions 2

No 1990/90 by Mrs Raymonde Duty to the Commission
Subject: Court of Justice: Case 237/85 3

No 1992/90 by Mrs Raymonde Dury to the Commission

Subject: Court of Justice: Case 14/83 4

No 1993/90 by Mrs Raymonde Dury to the Commission
Subject: Court of Justice: Case 129/89 4

No 2557/90 by Mr Thomas Megahy to the Commission

Subject: Building controls in the single market 5

No 2614/90 by Mr Bernard Antony to the Commission
Subject: Cooperation with the Arab countries 5

No 2655/90 by Mr Sergio Ribeiro to the Commission
Subject: Visit to Portugal by Commissioner Brittan and reciprocal arrangements required by the
Portuguese Government for the opening of new banking agencies and private banks 6

1 (Continued overleaf)

Notice No Contents (continued) Page

91/C 187/10 No 2706/90 by Mr Alexandras Alavanos to the Commission
Subject: The pollution of Athens 6

91/C 187/11 No 2713/90 by Mr Carlos Pimenta to the Commission
Subject: Cost of nature conservation in the Community 7

91 /C 187/12 No 2744/90 by Mr Pedro Canavarro to the Commission
Subject: European Social Fund and the education of children of migrant workers of Community
origin 7

91 /C 187/13 No 2745/90 by Mr Pedro Canavarro to the Commission
Subject: Pilot experiments relating to the children of migrant workers 8

91 /C 187/14 No 2772/90 by Mr Mauro Chiabrando, Mr Franco Borgo and Mr Giuseppe Mottola

to the Commission

Subject: Health controls on foodstuffs 9

91/C 187/15 No 2775/90 by Mrs Hiltrud Breyer to the Commission
Subject: Research reactors in the Community — disposal of nuclear waste 9

91/C 187/16 No 2778/90 by Mr Mihail Papayannakis to the Commission
Subject: The system of traineeships in the European Communities 10

91/C 187/17 No 2828/90 by Mr ElioDiRupo to the Commission

Subject: Community tobacco stocks 11

91/C 187/18 No 2832/90 by Mr Alain Marleix to the Commission
Subject: Improving the quality of milk produced in mountain areas 11

91/C 187/19 No 2856/90 by Mr Philippe Douste-Blazy to the Commission

Subject: Withdrawal of aid to promote the quality of milk produced in mountain areas 11

Joint answer to Written Questions Nos 2832/90 and 2856/90 12

91/C 187/20 No 2866/90 by Mr Gerardo Fernandez-Albor to the Commission

Subject: Difficulties with the establishment of foreign banks in Portugal 12

91/C 187/21 No 2956/90 by Lord Inglewood to the Commission
Subject: ESA/EAGGF 13

91/C 187/22 No 2961/90 by Mr Hemmo Muntingh to the Commission
Subject: Microfilter bypass-system for motor oil and hydraulic oil 13

91/C 187/23 No 2983/90 by Mr Joaquin Sis6 Cruellas to the Commission
Subject: Small-scale hydro-electric power stations 13

91/C 187/24 No 3004/90 by Mr ReimerBoge to the Commission

Subject: Duty- and tax-free shopping at sea 14

91/C 187/25 No 3039/90 by Mr Elio Di Rupo to the Commission
Subject: Development of an engine which runs on vegetable oil 14

91/C 187/26 No 3043/90 by Mr Elio Di Rupo to the Commission
Subject: Eurocheques 15

Notice No Contents (continued) Page

91/C187/27

91/C187/28

91/C187/29

91/C187/30

91/C187/31

91/C187/32

91/C187/33

91/C187/34

91/C187/35

91/C187/36

91/C187/37

91/C187/38

91/C187/39

91/C187/40

91/C187/41

91/C187/42

91/C187/43

No 39/91 by Mr Floras Wijsenbeek to the Commission

Subject: National bodies which issue driving licences 16

No 59/91 by Mr Henri Saby, Mrs Rosaria Bindi, Mrs Marie-Christine Aulas and Mrs
Maria Belo to the Commission

Subject: Commission's follow-up of Parliament's report on blindness prevention in the Third
World 16

No 103/91 by Mr Mauro Chiabrando to the Commission
Subject: Customs declarations 17

No 106/91 by Mr Antonio Iodice to the Commission

Subject: The civil war in Somalia 18

No 111/91 by Mrs Raymonde Dury to the Commission
Subject: Nuclear installations and drinking water supplies 18

No 145/91 by Mr Gianfranco Amendola to the Commission

Subject: Price increases, speculation and the black market arising from the Gulf crisis 19

No 177/91 by Mrjannis Sakellariou to the Council

Subject: Arms exports 19

No 218/91 by Mr Dieter Rogalla to the Commission
Subject: Transfer of pension rights by German officials 20

No 231/91 by Mr Fernando Suarez Gonzalez to the Commission
Subject: Victims of accidents in the coal and steel industry 20

No 370/91 by Mrs Dorothee Piermont to the Commission
Subject: Hunger strike in Spanish prisons 22

No 374/91 by Mrs Raymonde Dury to the Commission

Subject: Public transport for the disabled 22

No 395/91 by Mr Geoffrey Hoon to the Commission

Subject: Community measures for employment in the county of Derbyshire 23

No 396/91 by Mr Thomas Spencer to the Commission
Subject: A People's Europe: property 23

No 441/91 by Mr Ian White to the Commission

Subject: European Social Fund Money for Training Schemes for the Long-Term Unemployed 23

No 531/91 by Mr Peter Crampton to the Commission

Subject: Financial assistance for school exchange visits in the Community 24

No 565/91 by Mr Philippe Douste-Blazy to the Commission

Subject: Blood transfusions and the giving of blood in view of the 1992 single market 24

No 622/91 by Mr Madron Seligman to the Commission
Subject: Legislation in Member States promoting combined heat and power 25

(Continued overleaf)

Notice No Contents (continued) Page

91/C 187/44 No 624/91 by Mr Madron Seligman to the Commission
Subject: Member States' national R&D funding for new and renewable sources of energy 25

91/C 187/45 No630/91 by Mr Marc Reymann to the Council
Subject: Continuation after 1993 in France of present guarantees concerning quality and
standards of inspection relating to medicinal products derived from human blood or plasma in
compliance with the relevant directives 25

91 /C 187/46 No 795/91 by Mr John Bird to the Commission
Subject: Villanueva de la Vera festival 25

91/C 187/47 No 848/91 by Mr Mihail Papayannakis to the Commission

Subject: Extension of the Petrola works at Eleusina 26

18.7.91 Official Journal of the European Communities No C 187/1

##### I

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1055/90

by Mr Bryan Cassidy (ED)

to the Commission of the European Communities

_(10 May_ _1990)_

(91/C 187/01)

_Subject:_ Implementation of company law directives

Can the Commission supply a summary of the dates of
implementation in the Member States of company law
directives Nos 1 to 8, excluding the fifth company law
directive, which has not yet been approved?

Answer given by Mr Bangemann
on behalf of the Commission

_(26 February 1991)_

The table below gives the date of implementation by
Member States:

Member State Date

First Directive 68/151/EEC:
Registration of companies

Belgium

Denmark

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

United Kingdom

Third Directive 78/855/EEC about fusions

Denmark

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

United Kingdom

5. 1.1985

1. 1.1983

1. 1.1982

1. 7.1979

1. 1.1987

13.10.1983

18. 2.1986

1.10.1983

1. 9.1981

1.11.1986

27. 7.1989

27.12.1980

1. 1.1983

7. 1.1988

1. 1.1983

_V._ 1.1987

1. 6.1987

23. 1.1991

7. 9.1987

1. 1.1984

1.11.1986

27. 7.1989

1. 1.1988

Second Directive 77/91/EEC on capital requirements

Belgium

Denmark

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

United Kingdom

1. 1.1974

1. 1.1974

22.12.1969

1. 9.1969

1. 1.1987

1. 7.1973

31.12.1970

1. 2.1973

21. 6.1971

1. 1.1987

27. 7.1989

1. 1.1973

Belgium

Denmark

France

Germany

Greece

Ireland

Luxembourg

Netherlands

Portugal

Spain

United Kingdom

1. 1.1984

1. 2.1982

1. 1.1984

1. 1.1987

1. 1.1987

1. 1.1987

1. 1.1985

1. 1.1984

1. 1.1990

1. 1.1990

15. 6.1982

Fourth Directive 78/660/EEC on annual accounts

No C 187/2 Official Journal of the European Communities 18. 7.91

Member State Date

Sixth Directive 82/891/EEC on divisions

Divisions are not permitted in Germany, Netherlands or
Denmark, and therefore this directive is not applicable in
these countries.

France

Greece

Ireland

Luxembourg

Portugal

Spain

Netherlands

Italy

7. 1.1988

1. 1.1988

1. 6.1987

7. 9.1987

1.11.1986

27. 7.1989

1. 1.1988

23. 1.1991

Seventh Directive 83/349/EEC on consolidated accounts

Firstly, there is the actual dispute itself, which must be
tackled with mutual understanding, a pragmatic approach
and circumspection. On the other hand, and this is what
worries me, there is the legal aspect of the dispute and the
matter of principle involved.

In my opinion there is no scope for interpretation or
negotiation, since what is at issue is rights which have
been enshrined in European law — and that only after
many years of difficult negotiations. Respect for the
exercise of these rights is of fundamental importance and
the Commission has the ultimate responsibility in this
sphere. A lax attitude would set a dangerous precedent
and in my opinion would inevitably lead to an escalation
of the violations of such rights. The very existence of the
Community fisheries policy is therefore also at stake. In
view of this situation, can the Commission say what steps
it has already taken and will take to safeguard the exercise
of these rights?

Answer given by Mr Marin
on behalf of the Commission

_(12 July_ _1990)_

The Commission paid close attention to the incidents
which occurred between French and Belgian fishermen
in the Bay of Biscay, notably the interception and
immobilization of the Belgian trawler _De_ _Bounty._

It made immediate representation to the French
authorities which, having jurisdiction over the area in
question, are responsible for supervising the application
of Community law in that area. The French authorities
have accordingly taken the necessary measures to enable
the vessel concerned to carry out its activity unimpeded.

WRITTEN QUESTION No 1714/90

byMrRolfLinkohr(S)

to the Commission of the European Communities

_(5 July_ _1990)_

(91/C 187/03)

_Subject:_ Employment of disabled people in the European
institutions

On 12 January 1987 Mrs Dury asked a written question
on the employment of the disabled in the Commission
(No 2251/86 (*)). In its answer the Commission referred
to the Council Recommendation of 24 July 1986
(86/379/EEC) ( [2] ), which proposes a series of measures
for the disabled to the Member States.

Belgium

France

Germany

Greece

Luxembourg

Netherlands

Spain

United Kingdom

1. 1.1991

1. 1.1985

1. 1.1990

1. 1.1990

1. 1.1990

1. 1.1990

1. 1.1990

1. 1.1990

Eighth Directive 84/253/EEC on qualifications of auditors

Belgium

France

Germany

Greece

Luxembourg

Portugal

Spain

United Kingdom

1. 3.1987

23. 1.1988

1. 1.1987

1. 1.1988

16. 8.1984

1. 1.1986

16. 7.1988

1. 3.1990

WRITTEN QUESTION No 1246/90

by Mr Raphael Chanterie (PPE)

to the Commission of the European Communities

_(22 May_ _1990)_

(91/C 187/02)

_Subject:_ Franco-Belgian fishing dispute in the Bay of
Biscay

I was initially surprised and subsequently outraged to
hear of the action taken by French fishermen and the
French Government against Belgian ships in the Bay of
Biscay. The dispute can be looked at from various angles.

^ B ^ t official Journal of the Luropean Communities ^ o C t ^ B ^

rias the number of disabled people employed at the
Commission ^statedataroundtOO^ since increased^

Is the Commission standing bv its policv of not
introducing a quota for the employment of disabled
people andmfso^whv^

^ h a t positive measures for the disabled is the
Commission itself taking as regards its staffingpolicv^

Looes the Commission think it inaposition to applv the
recommendation to the member states to its own

administration and would it consider it appropriate to set
an example in this respects

Mnallv^ what practical measures t^e^ adequately wide
corridors and lifts for wheelchair users^ lavatories for

disabled^ audible traffic lights and notices in brailles has
the Commission introduced or is planning to introduce in
futures

^ ^ j ^ o C t ^ m n ^ m ^ ^ D ^ t .

A^swe^^ive^hvlv^TCa^do^oeCu^ha

o^i behalf o f t h e C o ^ ^ u s s ^

There has been no significant change in the number of
disabled people employed b^ the Commission since
J a n u a r v r ^ .

The Commission has no plans to introducearecruitment
quota for disabled peopled and there are objective reasons
for this^ Tirst^ the Commission is a relatively small
intemationalorganizationwithavervlimited range of
administrative fnnctionsB^econd^ the fact that people ma^
have to leave their home conntrv in orderto come to work

for the Commission acts as a deterrents making
recmitment more difficulty particnlarlv where disabled
people are concerned.

Plowever^ in publications relating to competitions^ the
Commission stresses that it makes everv effort to make it

aseasvaspossible^fromapracticalpointof view^for
disabled people to take part in its competitions' The
Commission also strives to provide a working
environment in which the needs of disabled officials are

taken into account once thev have been recruited^ so that

thev can perform their dnties and pnrsne their careers in
the same wav as their colleagnesD

The following steps have been taken to improve facilities
for disabled people in Commission office buildings^

^ wheelchair access^snitablelifts^wideentrancesto
bnildings^reservedparkingspaces and signs have
been provided^

^ ramps or vervdeeptread stairs and handrails have
been installed^

^iii^ office buildings have been equipped withaminimum
numberof toilets suitable forpeople in wheelchairs^

^ various measures have been introduced to facilitate

the evacuation of disabled people in the event ofa
fire^fore^ample^

^ the health and ^afetv at ^orkL^nit knows the

e^actpositionof theofficesof disabledstaff^
and each timeadisabledvisitorentersabuilding^
anote is made of where in the building he or she
can be found so as to facilitate evacuation in an

emergence and

^ an evacuation procedure has been set up for
disabled people which^ among other things^
makes provision for them to be accompanied out
ofthe building bvfirewardensD

The Commission acknowledges that although these
measures representsignificantprogress^ there is still room
for improvements and it will continue its efforts inthis

area.

b v ^ r s ^ a v m o n d e O ^ ^ ^ ^

to the Commission ofthe European Communities

^ I B C t ^ B O ^

^ 0 ^ B C o u r t o f J u s t i c e ^ C a s e ^ ^ B ^

^ h a t action has been taken bv the Tederal Republic of
Germans in response to the judgment handed down b^
the Court o n l J u l ^ t ^ D concerning CiselaR-ummlerv.
OatoL^ruckCmb^^Case^^B^^

Answer^ivenb^^issPapand^eou
onbeha^ofthe Commission

Con 1 Julv r ^ ^ the Court of Justice delivered its

judgement in the case of CiselaRummlerv^roatoToruck
Cmbrl^ arising from questions referred forapreliminarv
ruling bvtheAr^^^c^rC^ldenburg.

ThisjudgementheldthatlOirective^Btt^oftOTebruarv
r ^ on the approximation of the laws of the member
states relating to the application of the principle of equal
pav for men and women does not prohibit the use inajob
classification system of the criterion of muscle demand or
muscular effort or heaviness of work^ if the work to be

performed does^bv its natures require the use ofacertain
degree of physical strengths solong as the system a s a
whole precludes anv discrimination on grounds of se^in
order forajob classification not to be discriminatorvasa
wholemt muslin so far as the nature of the tasks carried

out in the undertaking permits^ take into account criteria
for which workers of each se^ mav show a particular
aptitude.

The Btr^^^c^rColdenburg delivered its judgement in
the caseon ^0 September P^^D. Applying thecriteria

No C 187/4 Official Journal of the European Communities 18. 7. 91

established by the Court of Justice, it found that the
_Lohnrahmentarifuertrag_ of 6 July 1984 governing wages in
the printing industry was not discriminatory taken as a
whole. It further found that Mrs Rummler did not fulfil

the criteria laid down for obtaining classification in a
higher category on the pay scale.

It may be noted that in a subsequent case (Kroschu, 27
April 1988) the _Bundesarbeitsgericht_ applied the criteria
laid down in the Rummler case to a job classification
system in the metal industry and found that the system in
question was discriminatory taken as a whole. The claim
of the applicant in this later case was upheld.

WRITTEN QUESTION No 1992/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 187/05)

_Subject:_ Court of Justice: Case 14/83

What action has been taken by the Federal Republic of
Germany to the judgment handed down by the Court on
10 April 1984 concerning Sabine von Colson and
Elisabeth Kaman v. North Rhine-Westphalia (Case

14/83)?

Answer given by Miss Papandreou
on behalf of the Commission

_(30 January 1991)_

On 10 April 1984 the Court of Justice delivered a
preliminary ruling on a question referred to it by the
Hamm Labour Court in _von Colson and Kaman v. Land_

_Nordrhein- Westfalen._

The Court ruled: 'Although Directive 76/207/EEC, for
the purpose of imposing a sanction for the breach of the
prohibition of discrimination, leaves the Member States
free to choose between the different solutions suitable for

achieving its objective, it nevertheless requires that if a
Member State chooses to penalize breaches of that
prohibition by the award of compensation, then in order
to ensure that it is effective and that it has a deterrent

effect, that compensation must in any event be adequate
in relation to the damage sustained and must therefore
amount to more than purely nominal compensation such
as, for example, the reimbursement only of the expenses
incurred in connection with the application. It is for the
national court to interpret and apply the legislation

adopted for the implementation of the directive in
conformity with the requirements of Community law, in
so far as it is given discretion to do so under national law'.

In view of this ruling, the German court decided to award
damages amounting to six months' salary to the person
who had been the victim of the discrimination.

A bill to determine the level of damages to be awarded in
cases of sex discrimination is currently being considered.

WRITTEN QUESTION No 1993/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 187/06)

_Subject:_ Court of Justice: Case 129/89

What action has been taken by the United Kingdom in
response to the Judgment handed down by the Court of
Justice on 27 March 1980 concerning McCarthys Ltd v.
Wendy Smith (Case 129/79)?

Answer given by Miss Papandreou
on behalf of the Commission

_(30 January 1991)_

On 27 March 1980 the Court of Justice delivered a

preliminary ruling on a question referred to it by the
Court of Appeal in _Macarthys v. Smith._

The Court of Justice ruled that the principle that men and
women should receive equal pay for equal work,
enshrined in Article 119 of the EEC Treaty, is not
confined to situations in which men and women are

contemporaneously doing equal work for the same
employer. The principle of equal pay applies also to the
case where it is established that, having regard to the
nature of her services, a woman has received less pay than
a man who was employed prior to the woman's period of
employment and who did equal work for the employer.

The Court of Appeal gave judgment on 17 April 1980,
acting upon the interpretation given by the Court of
Justice and thus confirming that Article 119 is directly
applicable under English law. The provisions of the Equal
Pay Act 1970 which are incompatible with Article 119
therefore no longer apply. The interpretation given by the

18. 7. 91 Official Journal of the European Communities No C 187/5

Court is retrospectively binding on everyone. Community
law is an integral part of English law, and Article 119
implies that a woman is entitled to pay equal to that
received by a man for equal work, even if the period in
which he did the work precedes the period in which the
woman did it.

The interpretation put upon the Equal Pay Act by the
Court of Appeal means that all of the provisions of the
Act which contradict Article 119 of the EEC Treaty are no
longer applicable.

WRITTEN QUESTION No 2557/90

by Mr Thomas Megahy (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 187/07)

_Subject:_ Building controls in the single market

Does the Commission intend to make any proposals to
regulate the intra-Community recognition of the
qualifications of building control inspectors or other
related professionals?

Answer given by Mr Bangemann
on behalf of the Commission

_(14 February 1991)_

The Commission has at present no intention of proposing
any further sectoral directives on the recognition of
professional qualifications. Regulated professions not
covered by the existing sectorial directives will be covered
by the directive on a general system for the recognition of
higher-education diplomas awarded on completion of
professional education and training of at least three years'
duration (89/48/EEC) ('), which entered into force on 4
January 1991, or by the complementary proposal on
lower-level qualifications ( [2] ), which is currently under
discussion in the Council.

The Commission's objectives in this field are to facilitate
freedom of movement and freedom of establishment for

professionals within the Community, by opening up
access to the regulated professions to professionals
qualified in other Member States. The Commission
believes that these objectives are satisfactorily achieved by
the two measures described above, and further sectoral
directives will only be considered in future if experience
demonstrates that this is not the case.

In addition, the difficulties of achieving agreement on
sectoral measures in this field mean that the Commission

is unlikely to make further sectoral proposals unless it can

be demonstrated that a large measure of consensus
already exists, both at a professional level and between the
Member States themselves.

O OJ No L 19,24.1.1989.
O OJNoC217,1.9.1990.

WRITTEN QUESTION No 2614/90

by Mr Bernard Antony (DR)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 187/08)

_Subject:_ Cooperation with the Arab countries

What Arab countries are included in this cooperation
project?

In which country and in accordance with what criteria is
the Euro-Arab University to be set up?

Answer given by Mr Matutes
on behalf of the Commission

_(10 April 1991)_

The project referred to by the Honourable Member was
discussed at the sixth meeting of the General Committee
of the Euro-Arab Dialogue, which was held in Dublin on
7 and 8 December 1990.

The General Committee, which consists of
representatives of the Community and its Member States,
on the one hand, and of the League of Arab States and its
members on the other, asked the Working Committee on
technical matters to consider, in consultation with the
Working Committee on social and cultural affairs, what
the proper role and scope of a Euro-Arab university
should be, and to look into the feasibility of such a
project, taking into account any available financial
resources which might be identified. The General
Committee also stated that any further action would be
considered in due course in the light of this study. Any
detailed arrangements for the involvement of individual
Arab or European countries in the project in question
have yet to be established in the light of the study.

On the question of the location of the university,
Parliament expressed its view very clearly in its resolution
of 30 March 1990, when it called on the Council, the

Commission and the Member States to take all the

necessary steps for the establishment and operation of a
Euro-Arab university on Spanish soil. This principle has
been confirmed on a number of occasions, including in
the Euro-Arab Dialogue.

No C 187/6 Official Journal of the European Communities 18. 7. 91

WRITTEN QUESTION No 2655/90

by Mr Sergio Ribeiro (CG)

to the Commission of the European Communities

_(23 November 1990)_

(91 /C 187/09)

_Subject:_ Visit to Portugal by Commissioner Brittan and
reciprocal arrangements required by the
Portuguese Government for the opening of new
banking agencies and private banks

On his recent visit to Portugal, Commissioner Leon
Brittan is reported to have expressed his firm
disagreement with the reciprocal arrangements required
by the Portuguese Government for the opening of new
banking agencies and private banks.

This was reported only by some of the principal
Portuguese media and the Government was apparently
concerned to restrict the information and minimize its

impact. In view of this, what were the exact terms of the
disagreement, described by Portuguese journalists in
terms such as 'regret concern and dissatisfaction'? Was
the Advisory Banking Committee consulted? Is the
Community willing and able to intervene in this matter
and, if so, in what way?

Answer given by Mr Delors
on behalf of the Commission

_(18 February 1991)_

During his visit to Portugal, Sir Leon Brittan did indeed
express his concern to the Portuguese Government about
the recently introduced _quid pro quo_ requirement, which
provides for the payment of a kind of 'fee' for the creation
of a new bank and the opening of branches by banks
already authorized to carry on business in Portugal. This
measure, which the Portuguese Government thinks is
necessary to improve the financial health of certain
nationalized banks, creates an additional barrier to
market access and implicitly distorts competition as it
works against new banks entering the market and favours
institutions already present.

Since the 1985 Act of Accession authorized Portugal to
maintain, up to 31 December 1992, the condition of
economic need in granting access to the banking market,
the measure in question cannot at the present time be
considered to infringe Community law; it has therefore
riot been deemed appropriate to refer the matter to the
Banking Advisory Committee.

As for the competition aspect, the Commission takes the
view, on the basis of the information currently at its

disposal, that in terms of their effects the arrangements in
question are equivalent to the granting of State resources
to certain undertakings in the banking sector. They are
consequently caught by Articles 92 and 93 of the EEC
Treaty. The Commission is thus obliged to assess their
compatibility with the common market. It is currently
examining them in conjunction with the competent
Portuguese authorities.

WRITTEN QUESTION No 2706/90

by Mr Alexandras Alavanos (CG)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 187/10)

_Subject:_ The pollution of Athens

According to reports in the Greek press, the Commission
is querying official government data on air pollution in
Athens; it believes that real pollution levels are higher
than those indicated and has asked for details from

private sources to fill the gaps in its information. What
exactly are the Commission's views on the problem of
pollution in Athens, pollution measurements and ways of
counteracting the problem?

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

_(15 March 1991)_

The Commission would first of all like to make it clear

that it does not question the accuracy of the information
sent by the Greek authorities pursuant to the air quality
directives.

The problem the Commission is trying to solve is the
partial and/or complete lack of the information it needs
in order to assess the atmospheric pollution problem in
Greece.

The audit it is planning should provide both the missing
data and information with which to verify that the limit
values established in the Directives are met within the

prescribed period.

Lastly, it should also be mentioned that this type of work
is carried out simultaneously in all the Member States.

18. 7.91 Official Journal of the European Communities No C 187/7

WRITTEN QUESTION No 2713/90

by Mr Carlos Pimenta (LDR)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 187/11)

_Subject:_ Cost of nature conservation in the Community

A recent study (by Gerelli, Cellerino and Panella,
'Regional Economic and Environmental Development',
Prognos 1987, p. 134) states that the estimated cost of
bringing habitat conservation in Italy up to current
Community standards is ECU 300 million.

How much will it cost to ensure that habitat conservation

is up to EC standards under the Birds Directive and the
Habitats Directive (once adopted and fully implemented)
throughout the Community, over and above what is
currently being spent?

What does the Commission consider to be the best source

of this money?

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

_(12 March 1991)_

It is very hard to estimate the funding required for nature
conservation since a large number of complex factors are
involved. Financial support from the Community in this
area should be seen as supplementary to the efforts of the
competent authorities and NGOs.

The conservation of areas of importance to the
Community depends, and will in future depend to an even
greater extent, on the application of Directive
79/409/EEC on the conservation of wild birds (') and the
directive on habitats being proposed by the
Commission ( [2] ). It is possible that funds will be available
pursuant to the ACNAT proposal currently being
discussed in the Council.

(') OJ No L 103,25. 4.1979.
O OJNoC247,21.9. 1988.

WRITTEN QUESTION No 2744/90

by Mr Pedro Canavarro (S)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 187/12)

_Subject:_ European Social Fund and the education of
children of migrant workers of Community
origin

The European Social Fund contributes to the
remuneration of teachers who, under the responsibility of

the countries of origin, provide teaching of the mother
tongue and culture of the country of origin for the
children of migrant workers of Community origin.

How can this contribution be justified ?

How have the appropriations in question developed over
the past five years, and how have they been distributed
among the four eligible countries (Greece, Italy, Spain
and Portugal)?

What criteria were used for granting these allocations?
Who administers them?

What percentage of the total wage costs for these teachers
is accounted for by these ESF subsidies?

How many teachers have been in receipt of these subsidies
over the past five years, by year and by eligible Member
State?

How many children have benefited from classes given by
teachers in receipt of this type of financing over the same
period, by year and by eligible nationality?

Answer given by Miss Papandreou
on behalf of the Commission

_(6 February 1991)_

1. The basis for ESF aid is as follows:

(a) as far as the old Fund is concerned, Article 1 (d) of
Regulation (EEC) No 2950/83 of 17 October
1983 ('), which stipulates that assistance may be
granted from the Fund for 'benefits designed to
facilitate the transfer and integration of migrant
workers and members of their families', as well as
Article 4 (d) of Council Decision 83/516/EEC of 17
October 1983 ( [l] ) and point 4.8.1. of the Guidelines
for the Management of the ESF for 1986-87;

(b) as far as the present Fund is concerned, since it was
reformed, the Commission statement on the
implementing regulations for Regulation (EEC) No
2052/88 ( [2] ), in which it states, _inter_ _alia,_ that migrant
workers and members of their families are still

eligible for ESF assistance, as well as point 4.7.1. of
the Commission Decision of 4 May 1988 on the
Guidelines for the Management of the ESF ('... for
migrant workers and members of their families . . . to
assist their integration into the host country with
vocational training combined with language
training').

2. See the table below.

3. The appropriations are administered by individual
organizations jointly financed by public bodies.

4. The rate of ESF assistance varies according to the
criteria laid down in the EEC Regulations on the tasks of

No C 187/8 Official Journal of the European Communities 18. 7.91

the structural Funds and is usually between 45 an 65 %,
depending on whether the region concerned is eligible for
aid under Objective 1 or not.

5. The Commission has no data regarding the number
of teachers in receipt of these subsidies.

6. The information supplied by recipients does not
specify who the members of migrant families in receipt of
aid are (parents, spouse or children).

(') OJNoL289,22.10.1983.
O OJNoLl85,15.7.1988.

Development and allocation of Social Fund appropriations

```
No

```

```
No

```

```
Country

```

```
1988

  ECU

```

```
1989

  ECU

```

```
1987

  ECU

```

```
No

```

```
Total

  ECU

```

```
No

```

```
1986

  ECU

```

```
No

```

```
2 121 578

2 431 438

 466 091

5 069 107

```

```
3 291 069

1 258 588

 55 641

 297 057

4 902 355

```

```
8 565

 1600

  38

 128

10 331

```

```
2 253 176

 940 021

 21235

 323 274

3 537 706

```

```
 7 587

14 186

 169

21941

```

```
34 132

15 488

 347

 402

53 346

```

```
4 152 718

1 162 171

 80 307

5 395 196

```

```
8 800

 1 355

 135

 105

10 395

```

```
11 818 541

5 842 218

 157 183

 1 086 422

18 904 364

```

```
Greece

Italy

Spain

Portugal

```

```
Total

```

```
9 180

 1 325

 174

10 679

```

WRITTEN QUESTION No 2745/90

by Mr Pedro Canavarro (S)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 187/13)

_Subject:_ Pilot experiments relating to the children of
migrant workers

In the framework of the action programme on education
of 9 February 1976, the Commission has since 1976 been
carrying out pilot experiments, studies and educational
research relating to the education of migrant workers'
children.

What have been the main results of this work?

What conclusions has the Commission drawn from this

work as regards future guidelines for activities in this
area?

Does the Commission intend to inform the Council of

Ministers of Education of its conclusions so that the latter

can also consider guidelines in this area, something which
it apparently has not done since 4 June 1984?

Answer given by Mrs Papandreou
on behalf of the Commission

_(6 February 1991)_

The results of the pilot experiments, to which the
Commission gave financial aid under the action
programme on education of 9 February 1976, were

evaluated in two studies which the Commission asked

independent experts to carry out.

Copies of the first study, which was published in 1986
under the title 'Towards Intercultural Education', are
being sent direct to the Honourable Member and
Parliament's Secretariat. The second, which is due to
come out in spring 1991, is called 'Breaking the
boundaries'.

The studies showed that the educational responses best
suited to the cultural pluralism emerging in the
Community, following the migratory movements of
recent decades and progress in European integration
itself, are being put forward by the proponents of
multicultural education for all, which at one and the same

time:

— increase the chances of schoolchildren of immigrant
origin achieving success at school,

— promote recognition in the educational sphere for
their cultural and linguistic heritage,

— nip xenophobic and racist prejudices in the bud.

The pilot experiments also produced a wide range of
teaching materials for use both in teaching immigrant
children's original languages and for teaching history and
geography from a multicultural perspective. These
materials are greatly appreciated by their users and are
used in schools in several Member States. Some of the

strategies and educational models applied in the
experiments have therefore been put to wider use in the
Member States where the experiments were carried out.

18. 7. 91 Official Journal of the European Communities No C 187/9

From the Commission's point of view, the most important
outcome of the experiments and studies is recognition for
the fact that cultural pluralism, brought about by the
migratory movements of last few decades, is making a
positive contribution to the cultural modernization of the
European Community.

The Commission will shortly be sending the results of the
second comparative assessment to the Committee on
Education.

WRITTEN QUESTION No 2772/90

by Mr Mauro Chiabrando, Mr Franco Borgo and Mr
Giuseppe Mottola (PPE)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 187/14)

_Subject:_ Health controls on foodstuffs

The undersigned have tabled a motion for a resolution on
the protection of the quality of traditional bread and
small- and medium-sized bakeries (Doc. B3-1699/90).

We are aware that the Commission is in the process of
drafting a proposal for a directive on the protection of
human health by means of health controls on foodstuffs,
and compliance with basic principles during the
manufacturing, processing and marketing stages.

Since legislation applied across the board could harm
bakeries and confectioners, particularly small-scale
industries, we are drawing the Commission's attention to
the need to ensure that the legislation takes account of the
different situations of those producing, preparing,
processing and selling bread products in the Community
countries by providing for appropriate derogations and a
suitable transitional period for the necessary structural
and commercial adjustments of these businesses.

1. Does the Commission intend to make specific
provision for the bakery sector, in the proposals for
directives being drawn up on the protection of human
health, in accordance with the requests made in the
motion for a resolution?

2. Does the Commission not consider it advisable to

adopt health control standards which will allow the
businesses concerned to restructure over a reasonable

period of time so that they can comply with the new
health and hygiene regulations without immediately
incurring dangerous debts which would have an
adverse effect on their budgets and consequently on
their incomes?

Answer given by Mr Bangemann
on behalf of the Commission

_(26 March 1991)_

The Commission is currently reviewing the draft proposal
for a Directive to which the Honourable Members refer.

It will make a point of studying the suggestions made by
the Honourable Member regarding possible problems
arising out of the proposed legislation for small and
medium-sized enterprises, in particular bakeries and
confectioners.

WRITTEN QUESTION No 2775/90

by Mrs Hiltrud Breyer (V)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 187/15)

_Subject:_ Research reactors in the Community — disposal
of nuclear waste

1. Will the Commission list the nuclear research

centres in the Member States of the Community? (Details
of location, purpose, in-service date, capacity).

2. Which of these research reactors produce:

— low-level waste,

— medium-level waste,

— alpha waste,

— high-level waste?

3. What waste (broken down by these four categories)
is stored in what form (drums, indicating capacity;
concrete waste, containers etc.) on the research centre
sites?

4. By what means of transport and by what routes is
the waste (in the four categories) transported to which
intermediate storage centres, reprocessing plant, disposal
or other storage sites?

5. What research reactors are being planned or built in
Community Member States? (Details as in question 1).

Answer given by Mr Pandolfi
on behalf of the Commission

_(16 April 1991)_

1. The following research centres in Community
countries are either partly or entirely involved in nuclear
research:

18.7.91
N o C 187/10 Official Journal of the European Communities

WRITTEN QUESTION No 2778/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 187/16)

_Subject:_ The system of traineeships in the European
Communities

The system of trainees ('stagiaires') in the European
Communities is from many aspects a necessary and
valuable one, both for the Community and for the persons
concerned. However, that is no reason for keeping their
monthly remuneration frozen over the years at such low
levels, well below that actually required for decent living
conditions. I would therefore ask the Commission:

1. Whether it has any estimates regarding the cost of
essentials for trainees (rent, etc.) and whether it
intends to adjust their remuneration and to assist them
in other ways to cope with living in Brussels.

2. Whether it intends to review and modernize the

methods for briefing and training trainees, and in
particular the methods used to select officials to
undertake these tasks, both as regards their necessary
personal contribution and abilities, and to ensure that,
with regard to the basic issues concerning the
institutions and policies, and respect for the essential
question of safeguarding the individual equality of the
Member States, they express jointly adopted positions
which are therefore official Community positions?

Answer given by Mr Delors
on behalf of the Commission

_(5_ _April 1991)_

1. In determining the remuneration of its trainees, the
Commission has to bear in mind the relatively limited
appropriations at its disposal in Article A 3200 of the
budget (ECU 2 010 000 in 1991) and the large number of
applications (more than 6 000 a year) which it receives
from the Member States and from a growing number of
other countries, now including those of Eastern Europe.

The Commission is therefore able to take on only some
500 trainees a year, including those in the Language
Services. This figure accounts for only 8 % of the demand.
Unless the Commission is given a larger budget, any
substantial increase in the remuneration will lead to a

reduction of this percentage, which is already considered
inadequate.

2. The Commission is open to any suggestion or
proposal likely to improve the organization of
traineeships. At the beginning of their time with the
Commission, trainees are given a comprehensive range of
lectures on Community policies, followed by other talks
in the course of the traineeship. The Commission
endeavours to involve the trainees as closely as possible in
the activities of the departments to which they are
assigned and is convinced that this is the best way of

Belgium

Denmark

Germany

Greece

Spain

France

Italy

Netherlands

Portugal

United Kingdom

Mol (SCK-CEN) general nuclear
and non-nuclear range of

activities

Rise

Jiilich, KFA
Karlsruhe, KFK
Garching
Hahn-Meintner-inst. Berlin

Dresden — Rossendorf

Athens, Democritos NC SR

Madrid, CIEMAT

CEA Saclay
CEA Fontenay-aux-Roses
CEA Cadarache

CEA Marcoule

CEA Grenoble

Casaccia

Trisaia
Saluggia

Petten, ECN: general range of
R&D on various energy sources
Delft, Technological University

Sacavem, LNETI

Harwell
Dounreay
Aldermaston
Risley
Winfrith

Not all of these research centres have research reactors.

On the other hand, certain universities or laboratories

which cannot be treated on the same basis as nuclear

R&D centres have low-power reactors for student
training or pure research purposes. The Honourable
Member is invited in this connection to consult the

Directory of Nuclear Research Reactors published by the
AIEAinl989.

2, 3 and 4. The Commission is not responsible for
managing and storing Member State radioactive waste,
this being the responsibility of operators and the national
safety authorities.

The Commission would note that, in view of their low
power, most research reactors generally produce relative
small quantities of radioactive waste. The spent fuel from
those reactors may be either reprocessed or considered to
be radioactive waste.

It would also remind the Honourable Member that

radioactive waste must be managed by the Member States
as provided for by the Euratom Treaty and in particular
Chapter III on health and safety and Chapter VII on
safeguards.

5. In this connection, too, the Honourable Member is
invited to consult the AIEA Directory of Research
Reactors referred to in Item 1.

18. 7. 91 Official Journal of the European Communities No C 187/11

giving them a grounding in Community affairs. The
Commission shares the Honourable Member's view that

the trainees' advisers must be carefully selected and made
aware of their responsibilities.

WRITTEN QUESTION No 2828/90

by Mr Elio Di Rupo (S)

to the Commission of the European Communities

_(17December 1990)_

(91/C 187/17)

_Subject:_ Community tobacco stocks

Can the Commission say what is the level of Community
tobacco stocks as at September 1990?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(4 February 1991)_

According to information supplied by the Member States,
the total quantity of tobacco held by Community
intervention agencies on 30 September 1990 was 82 139

tonnes.

This quantity breaks down as follows:

— 1986 harvest: 4 958 tonnes,

— 1987 harvest: 13 364 tonnes,

— 1988 harvest: 58 710 tonnes,

— 1989 harvest: 5 107 tonnes.

Intervention agencies are responsible for the storage of
tobacco sold by tender for up to ten months after the date
of publication of the result of the tendering procedure in
the _Official Journal of the European Communities._ These
quantities are not included in the above figures.

WRITTEN QUESTION No 2832/90

by Mr Alain Marleix (RDE)

to the Commission of the European Communities

_(17 December 1990)_

(91/C 187/18)

_Subject:_ Improving the quality of milk produced in
mountain areas

At a time when the general agricultural situation in
less-favoured mountain areas is the target of particularly

heavy criticism, the French Government is planning to
withdraw aid to promote quality of milk produced in
mountain areas. The aid, which currently amounts to 2,4
to 2,5 centimes per litre of milk, is by no means negligible,
although it does not fully compensate for the additional
cost (5 centimes per litre) of technical measures to
improve the quality of milk produced in mountain areas
as opposed to lowland dairy farms.

It would therefore be a very serious matter and indeed
totally incomprehensible if the French Government
pursued its plans to use the appropriations earmarked for
quality improvement to finance restructuring measures.

What urgent measures will the Commission take to
counter this decision, which would:

1. directly contradict the official objectives set by the
Council, Commission and Parliament to improve
overall production quality in mountain areas;

2. further penalize the less-favored areas of the
Community at a time when their agricultural
production is in great difficulty because of the quota
policy in mountain areas and the crisis affecting the
meat sector?

WRITTEN QUESTION No 2856/90

by Mr Philippe Douste-Blazy (PPE)

to the Commission of the European Communities

_(17 December 1990)_

(91/C 187/19)

_Subject:_ Withdrawal of aid to promote the quality of milk
produced in mountain areas

At a time when the agricultural situation in mountain
areas is particularly serious, the French Government is
proposing to withdraw aid to improve the quality of milk
in less-favoured areas. This aid currently amounts to 2,9
centimes per litre of milk, which is by no means negligible,
but at the same time fails to meet the extra cost of

technical measures (5 centimes per litre) to promote the
quality of milk in mountain areas.

The fact that the French Government is going ahead with
its plans to use appropriations earmarked for improving
the quality of milk to finance the dairy restructuring
project is particularly serious.

What urgent measures will the Commission take to
reverse this decision, which runs counter to the objectives
officially approved by the Council, Commission and
Parliament and which once more penalizes the
less-favoured regions of the Community at a time when
their farming activities are beset by major difficulties ?

No C 187/12 Official Journal of the European Communities 18. 7. 91

Joint answer to Written Questions Nos 2832/90

and 2856/90

given by Mr Mac Sharry
on behalf of the Commission

_(12 February 1991)_

The State aid measure mentioned by the Honourable
Members has not been notified to the Commission; a
request for notification pursuant to Article 93 (3) of the
EEC Treaty has been sent to the French authorities.

The Commission will not fail to state a position on this
measure with regard to Article 92 of the EEC Treaty.

It should be stressed that there is provision for various
Community socio-structural measures benefiting fanners
in less-favoured areas. They are in line with the situation
in those areas and have been adopted in order to take
account of natural production conditions and to ensure a
reasonable income for farmers in those regions. They
consist in particular of the annual compensatory
allowance provided for in Article 13 of Regulation (EEC)
No 797/85 of 12 March 1985 on improving the efficiency
of agricultural structures ( [1] ).

At present the Commission does not intend to make any
change to structural measures of a general nature for
less-favoured areas, particularly as regional structural
measures are being applied under Objective 5b, as defined
in Regulation (EEC) No 2052/88 ( [2] ), which covers the
less-favoured areas to a large extent.

O OJ No L 93, 30. 3.1985.
O OJNoL185,15.7. 1988.

WRITTEN QUESTION No 2866/90

by Mr Gerardo Fernandez-AJbor (PPE)

to the Commission of the European Communities

_(17 December 1990)_

(91/C 187/20)

_Subject:_ Difficulties with the establishment of foreign
banks in Portugal

The establishment of foreign banking institutions in
Portugal has been complicated further by the recent
introduction of a law on compensation which requires
local or foreign private investors to take up part of the
loans granted by the Portuguese public banking system
where recovery is doubtful.

Although Portugal has until 1995 to liberalize the banking
sector, the law in question has been very unfavourably
received by Community banking institutions wishing to
establish business in Portugal.

Does the Commission think that it should intervene to

request the Portuguese authorities to abolish this law,
since it clearly infringes the principle of free competition
within the European Community?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(27 March 1991)_

The Commission is perfectly aware of measures recently
introduced by Portugal concerning market access for new
banks and the opening of branches by banks already
approved. It is also aware that these measures, which
require that additional endowment capital be put up
compared to what is laid down by general banking
legislation, are intended to raise funds to cover loans
losses incurred by some Portuguese nationalized banks.

As the Honourable Member himself points out, these
non-discriminatory measures do not infringe the Treaty
of Accession, under which Portugal may maintain certain
measures restricting access to banking activity up to 31
December 1992.

The Commission therefore has no authority to intervene
formally to induce the Portuguese Government to abolish
them.

It has nevertheless taken account of the negative reactions
which they have aroused among Community banks, and
has verbally indicated its concern to the Portuguese
Government about their objectively restrictive nature.

It has also noted that these measures will be transitional

and that the Portuguese Government has justified them
with reference to the need to restore the public banking
sector to health before the large single market in banking
is put into place with effect from 1 January 1993.

As for the competition aspect, the Commission takes the
view, on the basis of the information currently at its
disposal, that in terms of their effects the measures in
question are equivalent to the granting of State resources
to certain undertakings in the banking sector. They are
consequently caught by Articles 92 and 93 of the EEC
Treaty. The Commission is thus obliged to assess their
compatibility with the common market. It is currently
examining them in conjunction with the competent
Portuguese authorities.

The Commission would ask the Honourable Member to

refer also to the answer it gave to Written Question
No 2655/90 by Mr Ribeiro (').

(') See page 6 of this Official Journal.

18.7.91 Official Journal of the European Communities N o C 187/13

WRITTEN QUESTION No 2956/90

by Lord Inglewood (ED)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 187/21)

_Subject:_ ESA/EAGGF

Bearing in mind that the Environmentally Sensitive Area
Scheme is a valuable tool in promoting environmentally
sensitive farming, would not the Commission agree that
making EAGGF funding available for ESA payments
would be a positive step in pursuit of 'environmentally
friendly' farming?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(4 February 1991)_

Pursuant to Article 19 of Council Regulation (EEC)
No 797/85 O, EAGGF funding has been available for
ESA payments since 1987.

O OJ No L 93, 30. 3.1985.

WRITTEN QUESTION No 2961/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(11_ _January 1991)_

(91/C 187/22)

_Subject:_ Microfilter bypass-system for motor oil and
hydraulic oil

In Belgium a bill has been tabled for the compulsory
introduction of oil microfilter bypass-systems for new
engines and oil-lubricated hydraulic systems. The use of
microfilters involves lower costs, less pollution, less wear
and tear, greater reliability, less ancillary expenditure,
greater efficiency and a reduction of approximately 90 %
in waste oils.

1. Does the Commission consider that the use of an oil

microfilter bypass-system should be a legal obligation
in the Community?

2. What immediate measures is the Commission

prepared to take for the compulsory introduction
throughout the Community of this textbook example
of clean technology?

Answer given by Mr Bangemann
on behalf of the Commission

_(7 March 1991)_

1. The Commission is not aware of a Belgian bill for
the compulsory fitting of such filters on motor vehicles.
The technology involved has merely been the subject of a
parliamentary question addressed to all Belgian
departments.

2. Microfilter technology normally supplements the
existing equipment of engines and hydraulic systems. The
Commission believes the advantages referred to by the
Honourable Member still need to be demonstrated in

laboratory tests and practical trials, which do not yet
appear to have taken place. The 'clean' character of the
technology is thus far from proven. Moreover,
Community rules do not normally prescribe the use of
specific technical equipment: where legislation is called
for, Community rules prescribe the performance
corresponding to the best technology available.

The Commission accordingly has no intention of
proposing rules making the use of this type of filter
compulsory.

WRITTEN QUESTION No 2983/90

by Mr Siso Cruellas (PPE)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 187/23)

_Subject:_ Small-scale hydro-electric power stations

The search for renewable, non-polluting energy sources is
continuing in the Member States and notably results have
been achieved in areas such as photovoltaic energy, wind
power, tidal power, etc. However, of all the renewable
energy sources, small-scale hydraulic energy (in plants of
up to 10 Mw capacity) is still the one with by far the most
potential at present.

Does the Commission consider that the installation of

small hydro-electric power stations can contribute to the
development of depressed areas, in particular high
mountain regions?

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

_(12 March 1991)_

In general terms, the answer must be yes. As with any
investment, construction of a small hydro-electric power
station has knock-on effects locally. In addition, in some
cases, local taxes are levied on all energy-generating plant.

No C 187/14 Official Journal of the European Communities 18. 7. 91

If the energy generated in a small-scale hydro-electric
power station is intended for local consumption, it
contributes directly to the development of economic
activity in the area. By contrast, if the energy generated is
fed into the public grid, it mainly serves to reinforce and
improve the latter.

Finally, in Objective 1 regions (areas whose development
is lagging behind), investments in the exploitation of local
energy resources, such as small-scale hydro-electric
powerstations, can be financed under the Community
Valoren programme.

WRITTEN QUESTION No 3004/90

by Mr Reimer Boge (PPE)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 187/24)

_Subject:_ Duty- and tax-free shopping at sea

The Commission proposes to abolish the ostensible duty
and tax concessions for shopping at sea because it regards
this practice as incompatible with the internal market.

Does the Commission agree with the findings of a recent
study by the Duty-Free Confederation, which set out the
implications for jobs and possible price rises for air tickets
if tax- and duty-free shopping were ended?

In the Community's view, in the interests of equal
treatment, does the fact that there are special
arrangements for air travel mean that there should be a
rethink as regards special arrangements for shopping at
sea, particularly also in view of the fact that pensioners
and low-income groups are those most affected?

Can the Commission say how many jobs in
Schleswig-Holstein depend on continuing the practice of
shopping at sea?

If the concessions were maintained, how much
government revenue would be lost?

Answer given by Mrs, Scrivener
on behalf of the Commission

_(19 March 1991)_

The Commission would refer the Honourable Member to

the answer given to his previous Written Question
No 780/90 _C)_ as well as to its answer to Written Question
No 2344/90 by Mrs von Aleman. As pointed out by the
Commission in the answers just referred to, the Sixth
Value Added Tax Directive (77/388/EEC) of 17 May
1977 ( [2] ) is based on the principle, that value added tax
shall be levied on all sales for consumption in the

Community. This directive has been adopted
unanimously by the Council of Ministers and does not
foresee any continuation of tax-free sales in connection
with inter-Community travel. Nor is such tax-free sales
foreseen in Council Directive 69/169/EEC on tax-free

allowance for international travellers.

The Commission is of the opinion that all tax or duty free
shopping in intra-Community voyages whether by sea or
air should be treated equally.

The Commission has no information on the number of

jobs in Schleswig-Holstein that depend on the butterships
nor on the loss of tax revenue to the public authorities due
to their activities.

O OJNoC 144,3.6. 1991,p. 1.
O OJNoL145, 13.6.1977.

WRITTEN QUESTION No 3039/90

by Mr Elio Di Rupo (S)

to the Commission of the European Communities

_(28 January 1991)_

(91/C 187/25)

_Subject:_ Development of an engine which runs on
vegetable oil

It seems that a German researcher has recently marketed
an engine which runs on vegetable oil (rape seed, maize,
sunflower, etc.).

Not only is the design of this engine considerably
simplified (no cooling system) but it runs on vegetable
fuel and is non-polluting. Moreover, it would seem to be
15 % more powerful than a normal diesel engine of equal
capacity as well as having a lower consumption.

As part of its efforts to make the European Community
self-sufficient in energy, does the Commission not
consider that this invention is worth developing and
supporting at European level since the energy consumed
is non-polluting and it would perhaps provide an
alternative use for some agricultural land?

Answer by Mr Bangemann
on behalf of the Commission

_(8 March 1991)_

The Commission has recendy been informed of several
projects for engines powered by vegetable oil (see also

18. 7. 91 Official Journal of the European Communities N o C 187/15

answer to Written Question No 2531/90) ('). There is
nothing new about the principle behind this development
and it is part of the process of diesel engine refinement. In
fact, thanks to diesel engine technology it is now possible
to develop multi-fuel engines. Such engines are currently
series-produced, particularly for military use. Adapting
them to civilian transport should not pose substantial
technical problems for the car industry. The performance
of these engines is the same as that of conventional
engines. Total production of COz (production + use) is
at least equal to that of diesel fuel, with the advantage that
the _CO2_ produced is in principle recycled by cultivating
the plant. It is likely, however, that in the project in
question the level of NOx in the exhaust gases will be
greater on account of the lack of a cooling system which
makes it possible to reduce heat loss, but which increases
the temperature in the combustion chamber.

Under the Energy Demonstration Programme (1986 to
1989), the Commission gave financial support to a project
to adapt engines to rape seed oil. The project was received
with great interest in the sectors concerned and should
make it possible to determine the economic viability of the
fullscale utilization of rape-seed to produce oil for
multi-fuel engines.

Independently of the Commission's programmes which
involve long-term research, the car industry is itself
developing types of engines which meet the requirements
of the market and tackle the problems caused by fuels.

The use of non-modified vegetable oils presents some
technical problems at the present time and their
modification (by esterification, for example), is necessary
to enable them to be used in unmodified or adapted
engines. In order to be competitive by the year 2005,
production costs of vegetable oils should be reduced by a
third.

The Commission is of the opinion that the main obstacle
to the introduction of fuels of vegetable origin in the
motor vehicle sector is not the lack of R & D to develop
such engines, but the availability and cost of products
such as rape-seed oil. It believes that the industry will be
able to produce these engines as soon as these fuels are
permanently available on the market in sufficient
quantities and at competitive prices.

In order to examine the technological processes involved
in the use of vegetable oils in the natural state or in the
form of methyl esters, the Commission concluded a
contract in February 1991 to co-finance demonstration
activities in this field.

O OJNoC 130,21. 1.1991,p.24.

WRITTEN QUESTION No 3043/90

byMrElioDiRupo(S)

to the Commission of the European Communities

_(28 January 1991)_

(91/C 187/26)

_Subject:_ Eurocheques

According to several reliable sources, some French banks
refuse to accept Eurocheques.

At Fontvieille (Provence) several banks (notably the
branch of the Caisse d'Epargne 'L'Ecureuil' and the
branch of the Credit Agricole) have found pretexts (lack
of adequate equipment, excessive work load, etc.) for not
serving foreign customers wanting to draw French money
against Eurocheques.

A bank in Fontvieille and other banks in the area (notably
in Aigues-Mortes) have even put up notices in the window
saying 'No Eurocheques'.

Does the European Commission agree that this is an
infringement of the provisions of the EEC Treaty? Does it
intend to carry out an inquiry into the banks concerned
and does it envisage legal action if appropriate?

Answer by Sir Leon Brittan
on behalf of the Commission

_(11 April 1991)_

The operation of the Eurocheque system in France
continues to cause problems, as the Commission points
out in its discussion paper 'Making payments in the
internal market' ('), a copy of which is being sent to the
Honourable Member direct and to Parliament's

Secretariat.

The obligation on banks participating in the Eurocheque
system to pay Eurocheques across the counter stems not
from a provision of the EEC Treaty but from an
inter-bank agreement.

French banks are represented within the Eurocheque
system by the Groupement Cartes Bancaires 'CB', which
groups together almost all the country's banks and other
financial institutions. Credit Agricole and Caisse
d'Epargne Ecureuil are members of the grouping, and
their branches ought therefore to pay foreign
Eurocheques across the counter.

Since the issue is one of compliance with an inter-bank
agreement, any complaints about the way it is applied

No C 187/16 Official Journal of the European Communities 18. 7.91

should be addressed to the appropriate body, which in
France is the Groupement Cartes Bancaires 'CB'.

(') COM(90) 447 final.

WRITTEN QUESTION No 39/91

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(1 February 1991)_

(91 /C 187/27)

_Subject:_ National bodies which issue driving licences

In the light of draft directive COM(88) 705 final ('), can
the Commission outline the way in which driving licences
are issued in the Member States, with reference to:

1. the examining body;

2. possibilities of appeal;

3. bodies other than those appointed by the
Governments of the Member States;

4. supervision of examining bodies and the fees they
charge?

Can the Commission also indicate whether, as a result of
draft directive COM(88) 705, it has laid down minimum
requirements or whether it ought to do so, with regard to
the independence both of examining bodies and of those
which rule on appeals against test results?

(') OJ No C 48, 27.2. 1989, p. 1.

Answer by Mr van Miert
on behalf of the Commission

_(2_ 5 _March 1991)_

Annex II to the proposal for a Directive on the driving
licence contains provisions which relate in particular to
minimum requirements for driving tests and describe the
tests of knowledge (theoretical test) and the tests of skills
and behaviour (practical test).

Practical procedures for incorporating the principles of
the future Directive into law and putting them into effect
will be laid down by the Member States, in a manner
depending on their own structures and organizations; it is
for them to appoint the examiners and approve any
centres to which they consider it expedient to delegate this
duty.

The Commission is of the opinion that it is within its
competence to ensure that the objectives laid down by the
Directive are observed; the choice of means to that end is

a matter for the national authorities.

WRITTEN QUESTION No 59/91

by Mr Henri Saby (S), Mrs Rosaria Bindi (PPE), Mrs
Marie-Christine Aulas (V) and Mrs Maria Belo (S)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 187/28)

_Subject:_ Commission's follow-up of Parliament's report
on blindness prevention in the Third World

On 27 October 1988 Parliament adopted the Vergeer
report on blindness in the Third World. The Committee
on Development and Cooperation had prepared this
report in close cooperation with European NGOs active
in blindness prevention in the Third World, for instance,
the Royal Society for the Prevention of Blindness,
Christoffel Blind Mission etc. A working session with
relevant Commission services had taken place.

Finally, Parliament put forward a proposal to co-fund a
multiannual EC programme against blindness in the
Third World (see paragraph 11 of the resolution). During
the debate, the Commission welcomed the resolution.

As a direct consequence of Parliament's action, the
relevant European NGOs created the 'European Partners
for the Prevention of Blindness' (EPPB), thus providing a
channel of communication between the Commission and

relevant NGOs in the EC Member States. During its
meeting of 26 November 1990, the EPPB met with the
Committee on Development and stated that no follow-up
had been given by the Commission to Parliament's
decision.

1. Does the Commission accept that when, in the course
of specific debate in plenary session of Parliament, its
comments are of a general and positive nature,
Parliament and society in general may assume that
efforts will be made to follow up specific suggestions
and proposals contained in such resolutions?

2. Does the Commission accept that if, during follow-up
discussions with interested parties, it reverses its
position as stated during the plenary debate in
Parliament, Parliament or the EP committee which
produced the report may expect to be informed
thereof?

18. 7. 91 Official Journal of the European Communities No C 187/17

3. What follow-up has the Commission given to the
Vergeer report so far and is it ready to discuss its
implementation with EPPB?

Answer by Mr Marin
on behalf of the Commission

_(17 May 1991)_

1. The Commission is fully aware of the importance
and role of Parliament's resolutions. It has already had
the opportunity to make positive comments on the
Vergeer initiative and the measures taken in the past
testify to its real concern with the problem of blindness.

The Commission would point out that many NGOs
specializing in blindness prevention have received
cofinancing for their projects.

2. As for the implementation of the specific measures
proposed by the Vergeer Resolution, any operation under
the Lome Convention or under the other aid instruments

can be financed only in response to an express request
from the beneficiary countries.

3. The Commission considers that action to prevent
blindness and eye diseases should comprise the following:

— a set of measures and operations designed to prevent
the occurrence of certain illnesses or conditions

(trachoma, vitamin A deficiency, onchocerciasis,
measles, etc.) or to alleviate the consequences,

— treatment of curable blindness,

— rehabilitation and reintegration of people suffering
from incurable blindness.

The prevention of blindness is only partly a medical
matter. The improvement of living conditions and
standards of hygiene and nutrition and better levels of
education are essential factors in reducing the incidence
of blindness and eye disease.

Where prevention is a medical matter, often the measures
required are non-specific: vaccinations, treatment of
infectious diseases, nutritional rehabilitation, etc. It is
necessary to strengthen health systems and ensure that
they operate properly in order to make the preventive
measures effective.

Treatment of curable blindness can be achieved via two

strategies: the 'fixed' strategy involves developing and
improving the care of patients with curable blindness in
the existing health units (following the training of medical
staff and supply of equipment, etc.); the other, 'mobile
and vertical' strategy involves setting-up and/or
strengthening specialized mobile teams which are
relatively independent of the health structure.

The choice of strategy has varied appreciably, but over the
last ten years the trend has been towards supporting the
fixed strategy.

By contributing very significantly, in accordance with the
fourth Lome Convention, to the development and
operation of health care systems in the ACP countries, the
Commission will help further towards setting in place the
material, technical and financial prerequisites for the
effective prevention and treatment of blindness and eye
disease.

WRITTEN QUESTION No 103/91

by Mr Mauro Chiabrando (PPE)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 187/29)

_Subject:_ Customs declarations

Council Regulation (EEC) No 3632/85 O of 12
December 1985 defines the conditions under which a

person may be permitted to make a customs declaration.

This regulation, which was adopted unanimously, seems
to have produced positive results and proved satisfactory
to virtually all the Member States because forwarding
agents have guaranteed security, quality, reliability and
transparency in tax and customs.operations.

Now the new draft Community customs code, in
particular Articles 6 and 62 thereof, is disrupting the
procedures laid down by that regulation by excluding
forwarding agents.

What are the Commission's plans in this area?

Would it not be more appropriate to maintain a degree of
flexibility, in accordance with the established principle of
subsidiarity, so that each Member State can apply those
rules which it deems most suitable concerning the
organization of the profession.

To this end would it not be useful to make it possible for
Member States to allow persons pursuing the activity of
making customs declarations on a self-employed basis,
either as their principal occupation or as a secondary
activity related to another occupation, to make customs
declarations in their own name and on behalf of another

person or in the name and on behalf of another person.

O OJNoL350,27.12.1985, p. 1.

Answer by Mrs Scrivener
on behalf of the Commission

_(25 March 1991)_

The Honourable Member is referred to the Commission's

answer to Written Question No 2360/90 by Mr
Raffarin (').

N o C 187/18 Official Journal of the European Communities 18.7.91

The Commission does not share the view that Council

Regulation (EEC) No 3632/85 of 12 December 1985 has
proved satisfactory in view of the many complaints
received from business circles that refer to the problem of
restricting the right to be represented by another in regard
to customs declarations.

O OJNoC70,18.3. 1991.

WRITTEN QUESTION No 106/91

by Mr Antonio Iodice (PPE)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 187/30)

_Subject:_ The civil war in Somalia

In view of the repressive and violent dictatorship in
Somalia, which certain countries, including Italy, are
guilty of tolerating despite the serious deterioration in the
country's situation that has led even the Soviet Union to
withdraw all political and economic support to what Barre
the dictator defined as the 'path to socialism', and the fact
that in recent years the regime has been responsible for
hundreds of thousands of deaths while using Community
resources explicitly for racketeering purposes to line the
pockets of the dictator's family, will the Commission
explain why aid has continued to be granted to Somalia
over the last three years despite the increasing barbarity of
the tyrannical regime in that country.

Answer by Mr Marin
on behalf of the Commission

_(15 April 1991)_

The Commission wants to emphasize the difference
between structural development and emergency aid
provided by the Community.

Structural aid provided by the Community to Somalia in
recent years, in the contractual framework of the Lome
Convention, has been concentrated on improving the
food security situation of the country and has thus
directly benefited the population. Such aid has however,
as has been the case of aid provided by other donors, beenreduced in step notably with the deteriorating security
situation. Community aid is closely monitored and
controlled, in particular through the Commission
delegation on the spot, in order to ensure that it reaches
the objectives and population groups for which it is
targeted.

Furthermore, the Commission has, through available
channels and in particular in the context of European

Political Cooperation, stressed the obligation of the
Somali Government to ensure respect for human rights.

Community emergency aid is channeled directly to the
suffering populations by the most efficient means,
including UN organizations and NGOs.

WRITTEN QUESTION No 111/91

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 187/31)

_Subject:_ Nuclear installations and drinking water supplies

Various studies have shown that even in normal

operation, nuclear power stations and processing plants
can have harmful effects on the environment by polluting
water resources used by water companies to supply the
population. Has the Community taken steps to study this
specific problems and find solutions to it?

Answer by Mr Ripa di Meana
on behalf of the Commission

_(11 March 1991)_

The Commission has had studies carried out on several

occasions to assess the radiological impact on the
environment of radioactive waste discharged from
nuclear installations under normal operating conditions.

All these studies have shown that the contamination of

drinking water supplies with radioactive waste discharged
from nuclear power stations and nuclear fuel reprocessing
plants is in all cases extremely slight and that its effect on
health is negligible.

For example, a study carried out during the 1980s (') on
the radiological exposure of the population in the Meuse
Basin shows that the maximum annual individual dose

incurred by taking in drinking water from the Meuse
which is contaminated with radioactive waste discharged
from nuclear power stations located along the river is less
than 0,3 u,SV/year, i.e. less than one thousandth of the
dose limit laid down in the Basic Standards for Radiation
Protection in the European Communities ( [2] ).

O The radiological exposure of the population in the Meuse
Basin. A report prepared by a group of experts set up by the
Commission of the European Communities. Report EUR

10670 EN, 1986.
O OJ No L 246, 17. 9. 1980, amended by OJ No L 265, 5. 10.
1984.

18.7.91 Official Journal of the European Communities No C 187/19

WRITTEN QUESTION No 145/91

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 187/32)

_Subject:_ Price increases, speculation and the black market
arising from the Gulf crisis

The psychosis caused by the Gulf crisis is leading to
speculation, price-rigging and a real black market in Italy
and also throughout Europe.

What measures does the Commission intend to take to

ensure that there are no unnecessary price increases in the
Member States leading to distortion of competition?

Answer by Mr Christophersen
on behalf of the Commission

_(15 April 1991)_

The Commission has monitored closely the Gulf crisis
and has assessed continously its likely economic
consequences. The Commission has always felt that at no
moment during the crisis has there been a justification for
dramatic changes in consumer behaviour. Hoarding, in
any form, was never justified since the supply of essential
items has never been disrupted during the whole period of
the hostilities. Short-term distributional difficulties may
have been experienced in the early days of the conflict,
but these have been quickly corrected.

A particular focus of attention has, understandably, been
on the effects on prices of oil and petroleum products.
While the Commission does not currently possess any
definite information about any speculation on the oil
market and its possible effects, an investigation is being
carried out to ascertain whether certain practices are
contrary to Articles 85 and 86 of the EEC Treaty.

WRITTEN QUESTION No 177/91

by Mr Jannis Sakellariou (S)

to the Council of the European Communities

_(20 February 1991)_

(91/C 187/33)

_Subject:_ Arms exports

1. How does the Council view the suggestions that
have been made to extend the terms of reference of the

European Community to include exports of arms and
arms related products ?

2. Does the Council within the framework of EPC

intend to use its right of initiative to obtain a transfer of
powers to the European Community?

3. How does the Council consider that effective

controls on exports of arms related products can be
guaranteed?

4. How does the Council view the fact that the

common European foreign policy within the framework
of EPC has been damaged by individual undertakings
circumventing the UN embargo against Iraq (notably
German undertakings, see article in _Der Spiegel_ of 14
January 1991, p. 16)?

5. Does the Council consider, as a matter of principle,
that as part of measures to achieve political union a
common European foreign policy pursued within the
context of political union should include a common policy
on exports of products and technologies having a bearing
on security and armaments. If so, what steps has the
Council taken and what steps will it take in future to
achieve this end? If not, how does the Council justify this?

Answer

_(11 June 1991)_

1. The Community and its Member States share the
Honourable Member's concern to check the excessive

proliferation of arms, especially weapons of mass
destruction. They have set up an effective system for
controlling precursors for chemical weapons and they
confer together on an ad hoc basis on their policy
concerning the export of military products ( [!] ).

2. In its conclusions on political union and more
specifically the common foreign and security policy, the
European Council meeting on 14 and 15 December 1990
stated that the gradual extension of the role of the Union
in the field of common security should be envisaged with
particular reference, initially, to issues discussed in
international organizations: arms control, disarmament
and related matters; questions relating to the CSCE;
certain matters discussed at the United Nations, including
peace-keeping operations; economic and technological
co-operation in the armaments field; coordination of
policy on arms exports and non-proliferation.

3. It is for the representatives of the Governments of
the Member States to continue the examination of all

these aspects, including those relating to arms exports, in
the framework of the Inter-governmental Conference on
Political Union which is now in progress.

(') Paragraph drafted by Political Cooperation.

No C 187/20 Official Journal of the European Communities 18. 7. 91

WRITTEN QUESTION No 218/91

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(18 February 1991)_

(91/C 187/34)

_Subject:_ Transfer of pension rights by German officials

Pursuant to Article 11 of Annex VIII to the Staff

Regulations of the European Communities officials are
entitled to have the national pension rights acquired by
them transferred to the pension fund of the European
Community.

1. To what extent has the Federal Republic of Germany
respected this provision which was adopted in 1968 ?

2. If the Federal Republic is failing to apply this
provision,

(a) what measures has the Commission undertaken
in the past and

(b) what measures does it intend to take to ensure
that, after 23 years, Germany complies with this
regulation which, pursuant to the second
paragraph of Article 189 of the EEC Treaty, is
binding in its entirety and directly applicable?

Answer by Mr Cardoso e Cunha
on behalf of the Commission

_(8_ _April 1991)_

As the Honourable Member states, the object of Article
11 (2) of Annex VIII to the Staff Regulations is to
guarantee that pension rights acquired in a Member State
by a Community official can be preserved for his benefit
and transferred to the Community's pension scheme.

As a provision of the Staff Regulations requiring national
implementing measures, Article 11 obliges the Member
States to adopt all appropriate general and particular
measures to implement it. Germany has not yet brought
into force the requisite measures to implement Article 11
of Annex VIII to the Staff Regulations of Community
officials.

Following the judgment of the Court in Case 315/85,
constructive negotiations resumed in 1988 on the basis of
a draft agreement on the transfer of pension rights
between Germany and the Commission proposed by the
German authorities, transfer rights being expressed as a

capital sum consisting of the total of employee's and
employer's contributions (the sums repaid).

Considerable progress was made at the last negotiating
session in Brussels on 14 February 1991 with
representatives of the ministries responsible. One
important point is still under discussion: the matter of the
transitional provision in the agreement which would
enable former German officials of the Communities who

so desire and who have been unable to exercise their

pension transfer rights owing to Germany's failure to act
to do so as soon as the agreement is concluded. The
Commission is therefore confident that progress can be
made on the last remaining aspects of the procedure and a
settlement arrived at soon.

WRITTEN QUESTION No 231/91

by Mr Fernando Suarez Gonzalez (PPE)

to the Commission of the European Communities

_(18 February 1991)_

(91/C187/35)

_Subject:_ Victims of accidents in the coal and steel industry

Can the Commission state the number of victims of

accidents in the coal and steel industry and the number of
orphans of those victims who have received Community
aid in the Spanish provinces concerned? What was the
sum total of such aid in 1990?

Answer given by Miss Papandreou
on behalf of the Commission

_(14 March 1991)_

In 1990 there were 32 fatal accidents in the coalmining
industry (anthracite, coal and lignite) in Spain (see
Table 1). The number of orphans is not known.

In the steel industry no fatal accident occurred.

The financial aid provided by the Commission in 1990 to
children orphaned by industrial accidents or occupational
diseases took the form of study grants totalling Pta
672 630.

In the coalmining industry one grant was made to a child
orphaned by an accident at work and four to children
orphaned by occupational diseases.

In the steel industry the number of grants was seven, all of
them to children orphaned by accidents at work.

18. 7. 91 Official Journal of the European Communities No C 187/21

The deaths which occasioned the grants made in 1990
(detailed in Table 2) actually took place in preceding

years.

It should also be pointed out that financial aid is received
by the families of the victims of collective accidents ( [l] ) in

the industries which come under the ECSC Treaty. No
such accident occurred in 1990.

(') Collective accidents are accidents involving more than five
persons who are killed or whose injuries render them
incapable of working for a period of more than 56 days.

TABLE 1

Fatal accidents in Spain in 1990

Coalmining industry — Number of deaths due to industrial accidents: 32

Region

Andalucia

Aragon

Asturias

Castilla
Leon

Cataluna

Galicia

Province

Cordoba

Teruel

Asturias

Leon

Palencia

Barcelona

La Corufta

Total

Coal

—

9

5

1

—

 

15

Anthracite

  

1

5

4

—

  

10

Lignite

3

—

—

—

1

3

7

Steel industry — Number of deaths due to industrial accidents: 0

TABLE 2

Paul Finet Foundation

Study grants awarded in 1990

Coainiining industry

Region

Asturias

Steel industry

Region

Andalucia

Asturias

Pais Vasco

Province

Asturias

Province

Sevilla

Asturias

Vizcaya

IA

1

3

3

Amounts (Pta)

Number of grants

OD

168 280

Total

3

10

10

5

1

3

32

Totals

(Pta)

190 670

Totals

(Pta)

481 960

672 630

IA(')

1

O D O

4

IA

22 390

Number of grants

Amounts (Pta)

OD

—

IA

33 710

112710

335 540

OD

—

Steel industry total

Grand total (coalmining + steel)

(') IA: Industrial accident.
( [2] ) OD: Occupational disease.

No C 187/22 Official Journal of the European Communities 18. 7. 91

WRITTEN QUESTION No 370/91

by Mrs Dorothee Piermont (ARC)

to the Commission of the European Communities

_(7_ _March 1991)_

(91/C 187/36)

_Subject:_ Hunger strike in Spanish prisons

For over a year approximately 40 prisoners in Spanish
prisons have been on hunger strike. Having been kept in
groups until 1987, they were then separated and
transferred to different prisons, clearly as a result of the
decisions of the Trevi Group. The prisoners demand to be
returned to their groups. One prisoner has already died as
a result of the hunger strike. The others are extremely ill
and further deaths are to be feared.

1. Does the Commission know whether the transfer of
the prisoners was the result of the decisions of the
Trevi Group on the harmonization of internal security
policy?

2. What measures has the Commission taken, or what
measures will it take, to prevent further deaths?

3. Would the Commission support mediation by the Red
Cross, whose intervention has already proved
successful in a previous case?

4. Would the Commission support the sending of a
delegation of Members of the European Parliament,
doctors and lawyers to Spain in an endeavour to solve
the problem?

Answer by Mr Delors
on behalf of the Commission

_(3 May_ _1991)_

1. The Commission is unable to reply to the question
raised by the Honourable Member since it was not
involved in the Trevi Group at the time in question. Its
only participation in this process has been as an observer
in the Trevi 1992 Group since January 1991.

2—4. The Commission has no power to deal with the
matter raised by the Honourable Member which falls
solely within the competence of the national authorities.

It is accordingly unable to respond to the initiatives she

proposes.

WRITTEN QUESTION No 374/91

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(7_ _March 1991)_

(91/C 187/37)

_Subject:_ Public transport for the disabled

The Commission is drawing up a directive on the
adaptation of public transport used by the disabled to get
to work. However, this praiseworthy initiative is
incomplete, since it concerns only one category of
disabled persons and a limited area of public transport
and fails to take account of disabled persons, whether or
not employed, whose leisure activities involve the use of
public transport, those who are unable to move from their
home to a station or bus stop or have no station or bus
stop at their workplace?

In France, Belgium and the United Kingdom
supplementary transport is provided specifically for the
disabled by non-profit making organizations. Is the
Commission aware of these activities? Does it agree not
that such activities should be encouraged, possibly to the
extent of financing one or more pilot projects in this area?

Answer by Mrs Papandreou
on behalf of the Commission

_(3 May_ _1991)_

The Commission is paying close attention to the Member
States' activities relating to accessibility of transport.

In February it sent the Council a proposal for a directive
on minimum requirements to improve the mobility and
the safe transport to work of workers with reduced
mobility (').

The proposal extends to all workers with reduced
mobility, including all those with a serious handicap of a
physical, including sensory, or mental origin.

Given the limits on the Community's powers in these
matters, the legal basis taken by the Commission does not
for the moment permit the extension of these measures to
all handicapped persons with all that entails in terms of
flexibility.

The proposal concerns public transport, transport
provided by the employer and special transport services
for the disabled. Special services should, however, be
reserved for the seriously disabled.

18. 7. 91 Official Journal of the European Communities No C 187/23

In connection with the network of 'local pilot projects' set
up under the Helios programme for social integration of
the disabled, the Commission is arranging exchanges of
information and experience on the accessibility of
transport with a view to promoting Europe-wide pilot
experiments.

C) COM(90) 588 final.

WRITTEN QUESTION No 395/91

by Mr Geoffrey Hoon (S)

to the Commission of the European Communities

_(7 March 1991)_

(91/C 187/38)

_Subject:_ Community measures for employment in the
county of Derbyshire

1. Can the Commission supply estimated figures, for
each sector, of the number of jobs created and/or
safeguarded in Derbyshire between 1979 and 1990 as a
result of assistance provided by the various Community
funds (ESF, ERDF, EAGGF, etc.), the EIB and the

ECSC?

2. Can it provide a detailed list, with figures, of the
various measures carried out in that county between 1979
and 1990?

3. Can the same figures please be supplied for
Nottinghamshire ?

Answer by Mr Christophersen
on behalf of the Commission

_(7 June 1991)_

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

WRITTEN QUESTION No 396/91

by Mr Thomas Spencer (ED)

to the Commission of the European Communities

_(7 March 1991)_

(91/C 187/39)

_Subject:_ A People's Europe: property

Could the Commission state what national legal
provisions exist in Britain, France and Germany for the

obligatory payment of compensation by Member State
authorities in the event of the compulsory purchase of
property?

Does the Commission consider that discrepancies in the
legal rights of individuals to compensation could
constitute a barrier to the free movement of people
and/or infringe the spirit of a People's Europe?

Answer by Mr Bangemann
on behalf of the Commission

_(19 April 1991)_

The Commission has no information on national laws on

compulsory purchase of property. It would, however,
point to Article 222 of the EEC Treaty, under which the
Treaty is in no way to prejudice the rules in Member
States governing the system of property ownership.

However, in the event of compulsory purchase decided
upon under the laws of the Member State in question,
rights arising from the provisions of the Treaty, in
particular Articles 52 and 59, must be respected.

Member States must also respect the European
Convention on Human Rights, and in particular the First
Additional Protocol to the Convention, which lays down
that no one shall be deprived of his possessions except in
the public interest and subject to the conditions provided
for by law and by the general principles of international
law.

WRITTEN QUESTION No 441/91

by Mr Ian White (S)

to the Commission of the European Communities

_(11 March 1991)_

(91/C 187/40)

_Subject:_ European Social Fund Money for Training
Schemes for the Long-Term Unemployed

Will the Commission give the figures for the allocations
agreed from the European Social Fund to the Avon
Training Area in the UK for training schemes for the
long-term unemployed for the years commencing April 1
1990 and 1991?

Will the Commission confirm that the monies are for

training and would not apply to work placement schemes
that have no formal training element and, further, would
the Commission confirm what monitoring arrangements
exist for ensuring that European Social Fund monies are
spent on the objectives intended and in an effective
manner?

N o C 187/24 Official Journal of the European Communities 18. _7._ 91

Answer by Mrs Papandreou
on behalf of die Commission

_(25 April1991)_

The Commission does not have information on

allocations to particular parts of the United Kingdom for
the years commencing 1 April 1990 and 1991. ESF
assistance to Member States under objectives 3 and 4 of
the reformed Structural Funds is not distributed on the

basis of geographical divisions. Assistance results from
financial and political commitments contained in the
Community support framework. It is allocated to put into
effect a number of priorities agreed in the CSF.

Operational programmes have been agreed by the
Commission to meet these priorities. The programmes
consist basically of two different types of measure,
vocational training and wage subsidies. Vocational
training measures may include an element of work
experience, but the vocational training element must make
up the greater part of the project. The projects are
selected by the UK authorities through a partnership
mechanism.

The Commission has agreed to finance operational
programmes for objectives 3 and 4 for the period 1990 to
1992. The allocation of sums to individual projects within
these programmes is the responsibility of the UK
authorities.

Monitoring of the operational programmes is the task of
the Community support framework monitoring
committee, which consists of representatives from the
Commission, central government and organisations from
the various sectors which provide vocational training
courses (for example local authorities, the higher
education sector, the voluntary sector, industry training
boards etc). The tasks of the committee are set out in the
Community support framework.

WRITTEN QUESTION No 531/91

by Mr Peter Crampton (S)

to the Commission of the European Communities

_(26 March 1991)_

(91/C187/41)

_Subject:_ Financial assistance for school exchange visits in
the Community

Can the Commission say if it has any plans to provide
financial assistance for the purpose of exchange visits by
school students throughout the Community?

Would the Commission consider such aid for schools in

socially deprived areas?

Answer by Mrs Papandreou
on behalf of the Commission

_(2 May 1991)_

The Commission is at this stage reviewing the policies and
measures taken by and within Member States to promote

school and pupil exchanges. At present, it has a small sum
available (on post B3-1001 of the budget) for preparatory
actions in the field of school exchanges.

WRITTEN QUESTION No 565/91

by Mr Philippe Douste-Blazy (PPE)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 187/42)

_Subject:_ Blood transfusions and the giving of blood in
view of the 1992 single market

Pursuant to Council Directive 89/381/EEC ('), in order
to promote self-sufficiency in blood and blood plasma in
the Community, the Member States are to encourage
people to give blood on a voluntary basis without
payment. They are also to take all necessary steps to
develop the production and use of products derived from
human blood or blood plasma from unpaid volunteers.

Have the Member States already notified the Commission
of measures taken to this effect?

In view of the dependence of certain Member States on
blood products imported from third countries, which
makes it difficult to guarantee that the donors were
unpaid volunteers, does the Commission envisage stricter
measures?

O OJNoL 181,28.6. 1989, p. 44.

Answer by Mrs Papandreou
on behalf of the Commission

_(8 May 1991)_

As the Commission stated in its answer to Written

Question No 1059/90 (') a number of Member States
have achieved self-sufficiency by organizing campaigns to
encourage the voluntary unpaid donation of blood and
setting up public blood donation networks.

As regards the obligation on the Member States to notify
the Commission of measures taken to give effect to
Directive 89/381/EEC the Commission would point out
that they have until 1 January 1992 to conform to the
Directive and that they have not yet provided the
information required.

The Commission, in collaboration with the Council of
Europe, drew up and sent to the Member States a
questionnaire on the collection and use of human blood
and plasma in 1989.

The replies will be used to prepare a report on the
Community's self-sufficiency in human blood and the

18. 7. 91 Official Journal of the European Communities No C 187/25

encouragement of voluntary unpaid donation of blood
which will be presented to the Council by the end of
1991.

O OJNoC309,10.12. 1990.

WRITTEN QUESTION No 622/91

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(15 April 1991)_

(91/C 187/43)

_Subject:_ Legislation in Member States promoting
combined heat and power

Will the Commission list the Member States which have

enacted legislation designed to promote the sale of heat as
well as electricity from the same generating plant?

How many heat and power schemes are presently
operational in each Member State?

Answer by Mr Cardoso e Cunha
on behalf of the Commission

_(6 June 1991)_

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

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

WRITTEN QUESTION No 624/91

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(15 April 1991)_

(91/C 187/44)

_Subject:_ Member States' national R&D funding for new
and renewable sources of energy

Will the Commission tabulate for each Member State the

total national R&D funding for the new and renewable
sources of energy between 1 January 1980 and 31
December 1989?

Answer by Mr Pandolfi
on behalf of the Commission

_(4 June 1991)_

The Commission is sending directly to the Honourable
Member and to the Secretariat of Parliament a table

containing the information requested.

WRITTEN QUESTION No 630/91

by Mr Marc Reymann (PPE)

to the Council of the European Communities

_(16 April 1991)_

(91/C 187/45)

_Subject:_ Continuation after 1993 in France of present
guarantees concerning quality and standards of
inspection relating to medicinal products derived
from human blood or plasma in compliance with
the relevant directives

Under French legislation, blood donors are required to be
anonymous, unpaid volunteers.

Only establishments inspected and approved by the
Ministry of Health are authorized to collect blood and
divide up the plasma.

The conditions and frequency of blood donation, the
guarantees relating to the medical examination of donors
of whole human blood, plasma or cells and the biological
analyses to be effected in each case are laid down in detail
by law.

What measures will be taken to ensure that, with the entry
into force in 1993 of the directive on medicinal products
derived from blood plasma, current guarantees
concerning quality standards will continue to apply and
that the arrangements applicable to blood transfusion will
not be disrupted?

Answer

_(11 June 1991)_

The principles referred to by the Honourable Member are
fully recognized by Council Directive 89/381/EEC O,
adopted on 14 June 1989, on the approximation of
provisions laid down by law, regulation or administrative
action relating to proprietary medicinal products and
laying down special provisions for medicinal products
derived from human blood or human plasma.

The Council would draw the Honourable Member's

attention to the fact that the Commission is currently
drafting the measures (standards and protocols) necessary
for the proper implementation of that Directive.

(') OJ No L 181, 28. 6. 1989, p. 44.

WRITTEN QUESTION No 795/91

by Mr John Bird (S)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 187/46)

_Subject:_ Villanueva de la Vera festival

Is the Commission aware that yet again, a donkey was
subject to extreme physical abuse in the course of the

No C 187/26 Official Journal of the European Communities 18. 7. 91

Villanueva de la Vera festival, Spain, on 12 February
1991?

Has the Commission protested to the Spanish authorities
about the continuation of this inhumane practice, and
what steps will the Commission take to try to ensure that
it does not happen again?

Answer by Mr Ripa di Meana
on behalf of the Commission

_(7 June 1991)_

The Commission would refer the Honourable Member to

its answer to Written Question No 712/90 by Mr
Verwaerde (').

(') OJNoC70, 18.3. 1991.

WRITTEN QUESTION No 848/91

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(3_ _May 1991)_

(91/C 187/47)

_Subject:_ Extension of the Petrola works at Eleusina

According to various reports, and a well-timed question
by Mrs Anastassia Andreadaki, a Green-Alternative

member of the Greek Parliament, the Petrola works at
Eleusina are shortly to be expanded, with extra plant
(eight new units) and extra land, belonging to
neighbouring industries or adjoining workers housing in
the area. This expansion is considered in many respects to
violate Greek and Community law, in particular
Directives 85/337/EEC O and 82/501/EEC ( [2] ). At all
events, the work in question is to begin before the
environmental impact assessment has been submitted
event though there are plans to use fuel oil containing
3,1% sulphur. As the surrounding plain in general and
Eleusina in particular are heavily industrialized, and since
the environmental situation there is literally intolerable,
will the Commission state whether it intends to intervene

to secure compliance with Community directives, and
what action it intends to take if they continue to be
infringed?

(') OJ No L 175, 5.7. 1985, p. 40.
O OJ No L 230, 5. 8.1982, p. 1.

Answer by Mr Ripa di Meana
on behalf of the Commission

_(4 June 1991)_

The Commission would refer the Honourable Member to

the reply to the Oral Question H-350/91 by Mr Alavanos,
which it gave during question time at Parliament's April
part-session ( [x] ).

O Debates of the European Parliament No 3-404 (April 1991).