Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

##### C 168
# Official Journal

Volume 35
### of the Communities 4 July 1992 European

Volume 35

4 July 1992

Information and Notices
English edition

Notice No

92 / C 168 / 01

92 / C 168 / 02

92 / C 168 / 03

92 / C 168 / 04

92 / C 168 / 05

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92 / C 168 / 08

Contents Page

I Information

European Parliament

Written Questions with answer

No 472 / 91 by Mr Felice Contu to the Council
Subject : Gradual removal of sanctions against the Socialist People 's Libyan Arab Jamahiriya ... 1

No 574 / 91 by Mr Paul Lannoye to the Commission
Subject : Setting of Community standards in connection with the implementation of Council
Directives 90 / 21 9 / EEC and 90 / 220 / EEC 2

No 841 / 91 by Mr Victor Manuel Arbeloa Muru to European Political Cooperation
Subject : Aid to Lebanon 2

No 842 / 91 by Mr Carlos Robles Piquer to European Political Cooperation
Subject : Nuclear arms in Pakistan and India 3

No 866 / 91 by Mr Rüdiger von Wechmar to European Political Cooperation
Subject : Imprisonment of Greek conscientious objectors 3

No 1 1 19 / 91 by Mr Victor Manuel Arbeloa Muru to European Political Cooperation
Subject : Torture and mistreatment in Egypt 3

No 1238 / 91 by Mr Bouke Beumer to the Commission
Subject : Access to the dredging market in the United States and Japan 4

No 1441 / 91 by Mr Carlos Robles Piquer to the Commission
Subject : Results of the ' EC International Investment Partners ' initiative 5

2 ( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 168 / 09 No 1565 / 91 by Mr Ingo Friedrich to the Commission
Subject : Observance of normal payment terms by the Commission 5

92 / C 168 / 10 No 1707 / 91 by Mr Filippos Pierros to the Commission
Subject : Assessment of the impact of the Community 's policy on research and technological
development on small and medium sized undertakings ( SMUs ) 6

92 / C 168 / 11 No 1733 / 91 by Mr Filippos Pierros to the Commission
Subject : Reporting on the dissemination and utilization of Community research findings 7

92 / C 168 / 12 No 1877 / 91 by Mr Thomas Megahy to the Commission
Subject : Definition of federalism 8

92 / C 168 / 13 No 1999 / 91 by Mrs Christine Oddy to the Commission
Subject : Commission aid to Nicaragua 8

92 / C 168 / 14 No 2028 / 91 by Mr Pierre Bernard-Raymond to the Commission
Subject : Study on the economy of Alpine tunnels 9

92 / C 168 / 15 No 2088 / 91 by Mrs Christine Oddy to the Commission
Subject : Habitats Directive and road by-passes 10

92 / C 168 / 16 No 2100 / 91 by Mr Carlos Robles Piquer to the Commission
Subject : Comparative study of Community and Japanese public development aid 10

92 / C 168 / 17 No 2252 / 91 by Mr Yves Verwaerde to the Commission
Subject : Rules governing telecommunications 11

92 / C 168 / 18 No 2253 / 91 by Mr Yves Verwaerde to the Commission
Subject : Rules governing telecommunications 12

92 / C 168 / 19 No 2350 / 91 by Mr Proinsias De Rossa to the Commission
Subject : Implementation of the birds Directive ( 79 / 409 / EEC ) 12

92 / C 168 / 20 No 2769 / 91 by Mrs Mary Banotti to the Commission
Subject : Birds Directive 12

92 / C 168 / 21 No 2875 / 91 by Mr Gene Fitzgerald to the Commission
Subject : Birds Directive 12

Joint answer to Written Questions Nos 2350 / 91, 2769 / 91 and 2875 / 91 12

92 / C 168 / 22 No 2364 / 91 by Mr Carlos Robles Piquer to the Commission
Subject : Retreat of the Sahara desert 13

92 / C 168 / 23 No 2366 / 91 by Mr Carlos Robles Piquer to the Commission
Subject : Data for a comparison of the EC and Japan in the field of research 13

92 / C 168 / 24 No 2412 / 91 by Mr Kenneth Stewart to the Commission
Subject : Relocation of Potterton Myson, Kirkby ( Merseyside ), and the loss of 120 jobs 14

Notice No Contents ( continued ) Page

92 / C 168 / 25 No 2449 / 91 by Mrs Imelda Read to the Commission
Subject : Acute human poisoning 15

92 / C 168 / 26 No 2502 / 91 by Mr Gordon Adam to the Commission
Subject : Right of residence in the EC 15

92 / C 168 / 27 No 2513 / 91 by Mr Llewellyn Smith to the Commission
Subject : Safeguards nuclear materials 16

92 / C 168 / 28 No 2548 / 91 by Mr Madron Seligman to the Commission
Subject : EC standards for ladders 16

92 / C 168 / 29 No 2558 / 91 by Mrs Brigitte Ernst de la Graete to the Commission
Subject : Summer time — Directive under preparation 17

92 / C 168 / 30 No 2591 / 91 by Mr Marco Taradash, Mrs Heinke Salisch, Mr Rinaldo Bontempi,
Mrs Mathilde van den Brink, Mrs Claudia Roth, Mr L6on Schwartzenberg,
Mr Marco Pannella and Mr Lode Van Outrive to the Commission

Subject : Europol European Central Police Force 17

92 / C 168 / 31 No 2598 / 91 by Mrs Maria Cassanmagnago Cerretti and Mr Paraskevas Avgerinos to
the Commission

Subject : The Community 's role in the Yugoslav crisis 18

92 / C 168 / 32 No 2641 / 91 by Mr Virgilio Pereira to the Commission
Subject : Contribution from the structural funds to investments in the island of Porto Santo .... 18

92 / C 168 / 33 No 2654 / 91 by Mr Fernando Suárez González to the Commission
Subject : Cooperation with Central America . 19

92 / C 168 / 34 No 2673 / 91 by Mr Diego de los Santos López to the Commission
Subject : Interreg programme 19

92 / C 168 / 35 No 2681 / 91 by Mr Gerardo Fernández-Albor to the Commission
Subject : Community campaign to promote consumption of European goods 20

92 / C 168 / 36 No 2719 / 91 by Mr Enrique Sapena Granell to the Commission
Subject : Attacks in France on lorries transporting agricultural products 20

92 / C 168 / 37 No 2754 / 91 by Mr Proinsias De Rossa to the Commission
Subject : Provision of information for migrant workers 21

92 / C 168 / 38 No 2758 / 91 by Mr Proinsias De Rossa to the Commission
Subject : Directive on toy safety 22

92 / C 168 / 39 No 2794 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Acquisition of foreign companies 22

92 / C 168 / 40 No 2808 / 91 by Mr Sergio Ribeiro to the Commission
Subject : Ecological disaster in the Maranhão reservoir ( Portugal ) 23

92 / C 168 / 41 No 2886 / 91 by Mrs Maria Santos to the Commission
Subject : Ecological disaster at the Maranhão Dam in Avis — Portugal 23

Joint answer to Written Questions Nos 2808 / 91 and 2886 / 91 23

( Continued overleaf )

Notice No Contents ( continued ) Pa s e

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No 2831 / 91 by Mr Mauro Chiabrando to the Commission
Subject : Implementation of the Interreg programme 23

No 2845 / 91 by Mr Peter Crampton to the Commission
Subject : Fisheries : Minimum crab landing size 24

No 2860 / 91 by Mr John Cushnahan to the Commission
Subject : Rural development 24

No 2873 / 91 by Mr John Bird to the Commission
Subject : EC nationals teaching in French schools 25

No 2891 / 91 by Mrs Christine Oddy to the Commission
Subject : Apartment complex in Tenerife ; 25

No 2910 / 91 by Mrs Anita Pollack to the Commission
Subject : Monitoring the Social Fund 25

No 2925 / 91 by Mr Panayotis Roumeliotis to the Commission
Subject : Delay in publishing unemployment figures for Greece 26

No 2995 / 91 by Mrs Anna McIntosh to the Commission
Subject : Protection of ethnic minorities 26

No 3003 / 91 by Mr Alex Smith to the Commission
Subject : EC imports of Chinese cashmere 27

No 3004 / 91 by Mr Gerardo Fernández-Albor to the Commission
Subject : Possible repercussions of European integration on the poorest regions 27

No 3010 / 91 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Liberalization of investment funds 28

No 3025 / 91 by Mr Frederic Rosmini to the Commission
Subject : Shipbuilding industry : La Ciotat yard 28

No 3030 / 91 by Mr Sotiris Kostopoulos to the Commission
Subject : Protecting the ' Valley of the Butterflies ', Rhodes 29

No 3063 / 91 by Mr Filippos Pierros to the Commission
Subject : Take up rate of appropriations under the Stride Hellas Multi-Fund Operational
^
Enterprise Programme . 29

No 3070 / 91 by Mr Mark Killilea to the Commission
Subject : School milk 29

No 3071 / 91 by Mr Gene Fitzgerald to the Commission
Subject : Fisheries 30

No 3079 / 91 by Mr Florus Wijsenbeek to the Commission
Subject : Strikes by the Italian veterinary service 31

No 3093 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Review of Community initiatives 31

No 3094 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Award of an ' Eco-label ' to tourist areas 32

( Continued on page 50 )

Notice No Contents ( continued ) P

92 / C 168 / 61 No 3144 / 91 by Mr José Alvarez De Paz to the Commission
Subject : Reduction of the ECSC levy rate 32

92 / C 168 / 62 No 3146 / 91 by Sir Christopher Prout to the Commission
Subject : EC anti-dumping procedure 33

92 / C 168 / 63 No 3151 / 91 by Mr Gerhard Schmid to the Commission
Subject : Use of non-harmful driftnets in fishing 33

92 / C 168 / 64 No 3161 / 91 by Mrs Mary Banotti to the Commission
Subject : Television Without Frontiers Directive 34

92 / C 168 / 65 No 3170 / 91 by Mrs Ana Miranda De Lage to the Commission
Subject : EEC / Uruguay fisheries agreement 34

92 / C 168 / 66 No 3174 / 91 by Mr John Cushnahan to the Commission
Subject : The ' environmental audit ' 35

92 / C 168 / 67 No 3190 / 91 by Mr Sotiris Kostopoulos to the Commission '
Subject : Itinerant traders 35

92 / C 168 / 68 No 3198 / 91 by Mr Ben Visser to the Commission
Subject : Possible road transport restrictions imposed by Germany 35

92 / C 168 / 69 No 3235 / 91 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Recognition of qualifications 35

92 / C 168 / 70 No 3243 / 91 by Mr Gerardo Fernández-Albor to the Commission
Subject : Community legislation on the nursing profession 36

92 / C 168 / 71 No 3248 / 91 by Mrs Winifred Ewing to the Commission
Subject : Protection of sand eel stocks in the North Sea 37

92 / C 168 / 72 No 3276 / 91 by Mr Roberto Speciale to the Commission
Subject : Measures to curb dumping in the textiles sector 37

92 / C 168 / 73 No 3279 / 91 by Mrs Cristiana Muscardini to the Commission
Subject : Community subsidies for ' Fonti del Tigullio Bognasco ' 38

92 / C 168 / 74 No 16 / 92 by Mr Josep Pons Grau, Mr Henri Saby, Mr Victor Manuel Arbeloa Muru,
Mrs Maartje van Putten, Mr Luciano Vecchi, Mr Giorgio Rossetti, Mr Gerardo
Fernández-Albor, Mr Antoni Gutiérrez Diaz, Mrs Dacia Valent and Mr Pol Marck
to the Commission

Subject : Establishment of Cooperation Councils with the Maghreb and Mashreq countries .... 38

92 / C 168 / 75 No 40 / 92 by Mr Gerardo Gaibisso, Mr Franco Borgo and Mr Giuseppe Mottola to
the Commission

Subject : Measures taken by the Italian Finance Minister prohibiting the import, distribution and
sale of certain brands of cigarette — infringement of competition law 39

92 / C 168 / 76 No 41 / 92 by Mr James Ford to the Commission
Subject : Rear foglights on cars 39

92 / C 168 / 77 No 55 / 92 by Mr Eisso Woltjer to the Commission
Subject : European Court of Auditors ' report on the regulation of the market in sugar 40

Notice No Contents ( continued ) Page

92 / C 168 / 78 No 88 / 92 by Mr Frederic Rosmini to the Commission
Subject : Mediterranean policy 40

92 / C 168 / 79 No 89 / 92 by Mr Alexander Langer to the Commission
Subject : Saving the Arzino Valley ( Friuli, Italy ) from becoming a ' hydroelectric infrastructure ' 41

92 / C 168 / 80 No 90 / 92 by Mr Alexandros Alavanos to the Commission
Subject : Rechar programme for lignite areas in Greece 41

92 / C 168 / 81 No 129 / 92 by Mr Virginio Bettini and Mr Gianfranco Amendola to the Commission
Subject : Setting up of a waste dump in the province of Caserta ( Italy ) and failure to comply with
European Community legislation 42

92 / C 168 / 82 No 146 / 92 by Mrs Christine Oddy to the Commission
Subject : Telephone adaptation for the deaf 42

92 / C 168 / 83 No 214 / 92 by Mr Amédée Turner to the Commission
Subject : Seatbelts in buses and coaches 43

92 / C 168 / 84 No 239 / 92 by Mr André Sainjon, Mr Jean-Paul Benoit, Mr Claude Desama, Mr Rolf
Linkohr, Mr Gordon Adam, Mrs Ludivina Garcia Arias and Mr James Ford to the
Commission

Subject : Action against energy producers ' distribution monopolies in the EEC 43

92 / C 168 / 85 No 252 / 92 by Mr Sergio Ribeiro to the Commission
Subject : Community programme for the regional development of statistics in Portugal 44

92 / C 168 / 86 No 283 / 92 by Mr Jean-Pierre Raffarin to the Commission
Subject : GATT : legal and judicial services 44

92 / C 168 / 87 No 284 / 92 by Mr Yves Verwaerde to the Commission
Subject : Commission inquiry procedure into restrictive competition practices — respect for
defence rights 45

92 / C 168 / 88 No 431 / 92 by Mr Kenneth Stewart to the Commission
Subject : Failure by UK Government to pay local authorities ERDF funding 46

92 / C 168 / 89 No 640 / 92 by Mr Eisso Woltjer to the Council
Subject : The quality of water in the river Meuse 46

92 / C 168 / 90 No 660 / 92 by Giuseppe Rauti, Gianfranco Fini, Cristiana Muscardini and Antonio
Mazzone to the Council

Subject : Environmental risks in the Malagrotta area ( Rome ) 47

92 / C 168 / 91 No 672 / 92 by Mrs Annemarie Goedmakers to the Council
Subject : Appointment of members of the Euratom Supply Agency Advisory Committee 47

92 / C 168 / 92 No 702 / 92 by Mr Juan de la Cámara Martínez to the Council
Subject : Wetlands in the Community 48

92 / C 168 / 93 No 774 / 92 by Mr Giulio Fantuzzi to the Council
Subject : Situation in the Italian wine-growing sector 48

92 / C 168 / 94 No 988 / 92 by Mrs Teresa Domingo Segarra to the Council
Subject : Secondment of employees as staff representatives 49

4 . 7 . 92 Official Journal of the European Communities No C 168 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 472 / 91

by Mr Felice Contu ( PPE )
to the Council of the European Communities

( 19 March 1991 )

( 92 / C 168 / 01 )

which has reacted most responsibly to the Gulf crisis,

on the basis of peaceful anticipation, without resort to
force, of all possible popular risings, public
demonstrations or street protests ;

4 . that, above all, the Socialist People 's Libyan Arab

Jamahiriya has, since 1 January 1991, as incumbent of

the rotating presidency of the Union of the Arab
Maghreb, obtained unanimous support for its
initiatives aimed at resolving the Gulf crisis and
Subject : Gradual removal of sanctions against the reinforcing international cooperation ?
Socialist People 's Libyan Arab Jamahiriya

Does the Council not consider that favourable conditions
now exist, in the light of developments over the last eight
months, for the gradual removal of the diplomatic,
economic and trade sanctions against the Socialist
People 's Libyan Arab Jamahiriya authorized by the
Tokyo summit of the seven most industrialized countries

and adopted by the EEC, especially if account is taken of
the following considerations :

1 . that the Socialist People 's Libyan Arab Jamahiriya has,

over the last few years, consistently pursued moderate
and balanced policies on regional and international
political issues, making a decisive contribution to
detente in the Western Mediterranean and playing a
key role in the signing of the Treaty of Marrakesh of

17 February 1989 instituting the Union of the Arab
Maghreb ( UAM );

2 . that, with regard to the Iraqi occupation of Kuwait

of 2 August 1990, the Libyan Government has, as
is unanimously recognized by the international
community, pursued a balanced policy on the basis of
support for a negotiated solution to the crisis
combined with total condemnation of the invader ;

3 . that the Socialist People 's Libyan Arab Jamahiriya is

certainly, of all the North African countries, that

Answer ( )

( 18 May 1992 )

The Community and its Member States do not believe
that the time is right to consider the removal of EC
sanctions against Libya . They take a most serious view of
the accusation against officials of Libyan Government
organizations in connection with the bombing of flight
UTA 772 in September 1989 and flight Pan AM 103 in
December 1988 . In this respect, the Community and its
Member States supported the unanimous adoption by the
United Nations Security Council of Security .

Council Resolution 731, which called on the Libyan
Government to respond effectively to requests to
cooperate fully in establishing responsibility for these
terrorist acts and to provide a full and effective response
to the requests of the Governments of France, the United
States and the United Kingdom related to the judicial
procedures underway, including the surrender for trial of
all those charged with the crimes in connection with the
bombing of these two flights . The Community and its
Member States are concerned that Libya has failed to
respond in any meaningful way to the terms of the
Resolution and consider that Libya must, by concrete

No C 168 / 2 Official Journal of the European Communities 4 . 7 . 92

actions, prove that it has indeed renounced terrorism . As
Libya has not complied with the demand comprised in
Security Council Resolution 731, the Community and its
Member States have therefore supported the adoption of
the new Security Council Resolution enforcing sanctions
against that country .

O This reply has been provided by the Foreign Ministers

meeting in Political Cooperation, within whose province the
question came .

WRITTEN QUESTION No 574 / 91

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

( 26 March 1991 )

( 92 / C 168 / 02 )

Subject : Setting of Community standards in connection

with the implementation of Council Directives
90 / 219 / EEC and 90 / 220 / EEC

Reports in the press in various Member States have
indicated that CEN ( the Centre Europeen des Normes ) is
undertaking work to implement the Community 's own
Directives on deliberate release into the environment of
genetically modified organisms ( 90 / 220 / EEC ) ( l ) and the
contained use of genetically modified micro-organisms
( 90 / 219 / EEC ) ( 2 ).

Can the Commission explain why an industry body is
being entrusted with this task, rather than the Member
States, which are legally responsible for implementation
of the Directives ?

Does the Commission consider it justifiable for industry
to, in essence, regulate itself by the setting of its own
standards, in an area as sensitive as genetic engineering,
with such great potential for negative consequences on
human health and the environment ?

Can the Commission report on meetings with CEN which
have taken place and are planned regarding the setting
of standards in conjunction with implementing the
abovementioned Directives ? What is the state of progress
in this area ; have any proposals or working papers been
submitted, which could be transmitted to Members of the
European Parliament ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

(2 April 1992 )

The work to implement Council Directives 90 / 219 / EEC

and 90 / 220 / EEC is undertaken by the Member States
and their appointed Competent Authorities, in
collaboration with the Commission . It is clearly their
responsibility to develop further the legal, technical and
practical implementation of the Directives .

The Commission does consider, however, that CEN
could usefully undertake some specific technical work to
support the activities of the biotechnology sector and
produce standards for biotechnology with as broad an
application as possible . In its communication on
' Promoting the competitive environment for the
industrial activities based on biotechnology within the
Community ' of April 1991, the Commission announced
that it would draw up a clear and precise mandate for
CEN . Standards are voluntary instruments developed
with the participation of all interested parties and
reflecting the best agreed current state of the art . As well
as serving industrial policy ends, standards can provide,
where appropriate, a technical complement in support of
mandatory legislative requirements, without duplicating
work or interfering with implementation of legislation .

After extensive discussions with CEN, Member State
representatives and authorities, the Commission is of the
opinion that CEN could usefully develop standards for
equipment performance and testing procedures ( e.g. for
filters, pumps, reactors, centrifuges ) for good practice in
laboratory, plant and process design, for methods and
techniques used for identification, sampling and
de-activation of GMOs, for characterization of inserted
sequences, etc . The Commission has prepared a draft
mandate to CEN to cover these aspects, and this is being
currently discussed by the Regulatory Committee of
Directive 83 / 189 / EEC .

WRITTEN QUESTION No 841 / 91

by Mr Victor Manuel Arbeloa Muru ( S )

to European Political Cooperation

(3 May 1991 )

( 92 / C 168 / 03 )

Subject : Aid to Lebanon

European What ' necessary aid ' has EPC contributed to Lebanon

since its statement of 14 December 1990 ? At what level
o OJ No L 117, 8 . 5 . 1990, p . 15 . will the EC be participating in the conference of donors
O OJNo L 117, 8 . 5 . 1990 . p . 1 . for the creation of an aid fund for Lebanon ?

4 . 7 . 92 Official Journal of the European Communities NoC 168 / 3

Answer

( 18 May 1992 )

The question raised by the Honourable Parliamentarian

WRITTEN QUESTION No 866 / 91

by Mr Riidiger von Wechmar ( LDR )

to European Political Cooperation

(8 May 1991 )

falls within Community not EPC competence . ( 92 / C 168 / 05 )

Subject : Imprisonment of Greek conscientious objectors

WRITTEN QUESTION No 842 / 91

by Mr Carlos Robles Piquer ( S )

to European Political Cooperation

(3 May 1991 )

( 92 / C 168 / 04 )

Subject : Nuclear arms in Pakistan and India

Following President Bush 's reported decision last
October not to give the United States Congress formal
assurances that Pakistan has no explosive nuclear devices,
what information do the Ministers have on the nuclear

arms race between Pakistan and India, or India 's
intention of carrying out a thermonuclear test in the near
future and on the possibility of reaching regional
settlements like the one agreed in this field between
Argentina and Brazil ?

Answer

( 18 May 1992 )

In the Declaration on Non-Proliferation and Arms
Exports adopted by the European Council in
Luxembourg in June 1991, the Community and its
Member States expressed their support for a
strengthening of the regime of nuclear non-proliferation
and called on all States to become parties to the Treaty on
the Non-Proliferation of Nuclear Weapons . It should be
noted that accession to the NPT is only possible as a
non-nuclear weapon State . In the context of the 46th
UNGA, the Community and its Member States reiterated
this position and called in particular for a strengthening
and improvement of the IAEA 's Safeguard System .

The Community and its Member States have continously

in their contacts with the Pakistani and the Indian
authorities recalled the importance they attach to this
issue . This was most recently the case during the visit of
the Ministerial Troika to New Delhi on 4 / 5 March 1992 .

The Community and its Member States are ready to

support all appropriate efforts aiming at reaching regional
arrangements in the field of nuclear non-proliferation and
at submitting all nuclear activities of all States in the
region under safeguards of the International Atomic
Energy Agency .

On 8 November I sent the Foreign Ministers of the EC
Member States a written question regarding the
imprisonment of Greek conscientious objectors . So far all
that has happened is that the question has been given the
number 2774 / 90 ; I have not yet received an answer .

Four months have passed . Questions sent in earlier by
other Members have already been answered . When can I
expect to receive an answer to my question ?

Answer

( 18 May 1992 )

The question raised by the Honourable Parliamentarian
does not fall within the competence of the European
Political Cooperation .

WRITTEN QUESTION No 1119 / 91
by Mr Victor Manuel Arbeloa Muru ( S )

to European Political Cooperation

( 22 May 1991 )

( 92 / C 168 / 06 )

Subject : Torture and mistreatment in Egypt

Have the Foreign Affairs Ministers meeting in European
Political Cooperation taken note of the report published
on 20 November 1990 by the Egyptian Organization for
Human Rights ( EOHR ) and, above all, have they taken
account of its recommendations ?

Answer

( 18 May 1992 )

The Community and its Member States have taken note
of reports of human rights violations in Egypt, although
the November 1990 report of the Egyptian Organization
for Human Rights has not specifically been discussed in
the framework of EPC . The Egyptian authorities are well
aware of the importance which the Community and its

No C 168 / 4 Official Journal of the European Communities 4 . 7 . 92

Member States attach to the rule of law and to strict
respect for the undertakings to which Egypt has
subscribed by her adherence to international conventions
on human rights .

The Declaration on Human Rights adopted by the

Luxembourg European Council stated categorically that
' respecting, promoting and safeguarding human rights is
an essential part of international relations as well as of
relations between the Community and its Member States
and other countries '. The Community and its Member
States take account of the actions of third countries in
respecting human rights and democracy when they
formulate their policies towards the country concerned .

WRITTEN QUESTION No 1238 / 91

by Mr Bouke Beumer ( PPE )
to the Commission of the European Communities

( 11 June 1991 )

( 92 / C 168 / 07 )

Subject : Access to the dredging market in the United

States and Japan

1 . Can the Commission say to what extent a dredging
company in the Community can tender for a dredging
operation in the United States or Japan and does the
possibility of public tendering also exist ?

2 . To what extent is access to the dredging market in
the United States regulated by law ?

3 . Is access to the dredging market in the United States
and Japan the subject, of consultations between the
Community and those countries ?

Answer given by Mr Andriessen

on behalf of the Commission

( 17 February 1992 )

A. The United States

Access to public contracts for dredging is regulated by a

series of provisions giving absolute preference to
American operators, either by means of a buy American
policy, as in the case of the Department of Defense or the

US Corps of Engineers, or by means of a prohibition on
the use of dredges or vessels made outside the United
States ( the Jones Act ).

Liberalization in this regard ( since the issues are
procurement contracts and services ) falls within the
multilateral negotiations of the Agreement on
Government Procurement, as part of the Uruguay
Round . This notwithstanding, it should be pointed out
that the United States has concluded bilateral cooperation
agreements ( memoranda of understanding ) with certain
Community Member States allowing those Member
States 's firms access to such contracts .

B. Japan

The law on construction obliges those wishing to carry
out works ( including dredging ) to obtain a licence from
the governor of the prefecture in which they are to be
performed or from the Ministry of Construction if the
works cover more than one prefecture .

Candidates must have 1 ) an engineering diploma and
professional experience and 2 ) sufficient assets to enable
them to undertake a construction project . In the case of
dredging operations, the chief engineer must have a civil
engineering diploma from a Japanese establishment of
higher education .

A special clause nevertheless allows the Minister of Public
Works to consider a senior executive equivalent to a civil
engineer . Many foreign firms whose senior executives and
chief engineers have non-Japanese diplomas have been
able to make use of this derogation .

Specialist firms in possession of a licence and wishing to
respond to a restricted invitation to tender for a public
works contract must apply to the central authorities for
registration in cases in which only registered firms are
eligible to make tenders . Such contracts are frequently
awarded on the basis of a restricted invitation to tender,
and the object of registration is to confine access to
technically reliable firms able to prove sufficient
experience in Japan . Sufficient experience overseas was
imposed as a condition for registration for only seventeen
major public works contracts in 1988, mainly undertaken
by American firms given special treatment by the Japanese
government . The same approach was used in June 1991
for another seventeen projects, again undertaken by
American firms . Foreign operators still have considerable

difficulty in obtaining public works contracts, and it is too
early to say that Japan 's construction market is completely

open .

Reports are that foreign operators face problems resulting
from differences in trade practices and from the language
barrier . In addition, it is not especially profitable for them
to take charge of all aspects of the work involved,
particularly recruitment of workers . Many therefore

4.7.92 Official Journal of the European Communities No C 168 / 5

( in million Ecu )
concentrate on engineering consultancy or the planning
of services . They also tend to form alliances with Japanese 4
operators in order to pursue contracts . grants

4
grants

No foreign firm has yet been involved in dredging work .
The Japanese subsidiary of a French firm ( Dumez Japon )
has, however, obtained licences for general civil
engineering work and dredging .

WRITTEN QUESTION No 1441 / 91

by Mr Carlos Robles Piquer ( PPE )

to the Commission of the European Communities

( 12 July 1991 )

( 92 / C 168 / 08 )

Subject : Results of the ' EC International Investment

Partners ' initiative

In entitled June 1990 ' EC the International Commission Investment published a Partners leaflet in ' French which
described this new financial instrument for promoting
joint ventures in Asia, Latin America and the
Mediterranean region .

Introducing it, the Commissioner Mr Matutes said it
aimed to bring about cooperation between the
management of enterprises in the Community and those
in countries in the above areas of the developing world,
' in the fields of research, training, production, services
and marketing '.

Is the Commission able to provide some initial
information on the results achieved by this financial
instrument, by region or country, and for each of the
above sectors of economic life, indicating what subsidies,
interest-free advances, shares or loans have been granted
in each area or sector ?

Answer given by Mr Matutes

on behalf of the Commission

( 24 February 1992 )

The figures on the use made of the EC Investment

Partners instrument ( valid at 16 November 1991 ) are the
following :

A total of Ecu 29,5 million has been spent on 275 projects,
the breakdown by type of financing being :

interest-free loans 15,3

holdings 9,5

subsidized loans 0,7

29,5

By region and by economic sector :

Agriculture / Industry Services Total

aquaculture

Latin America 2,7 4,6 3,1 10,4

Asia 1,5 8,3 2,3 12,1

Mediterranean 0,8 4,3 1,9 7

Total 5 17,2 7,3 29,5

WRITTEN QUESTION No 1565 / 91

by Mr Ingo Friedrich ( PPE )
to the Commission of the European Communities

( 24 July 1991 )

( 92 / C 168 / 09 )

Subject : Observance of normal payment terms by the

Commission

According to information I have received the
Commission 's payment terms considerably exceed the
usual periods in the Member States . Those providing
services not infrequently have to wait four or even six
months for payment, which obliges the persons or
undertakings, frequently SMUs, to take out expensive
bridging finance, the cost of which is not reimbursed .
This is an unacceptable, not to say scandalous, state of

affairs .

1 . Can the Commission, for a representative period,

indicate the shortest, average and longest terms
settling its debts to undertakings ?

2 . What proposals can the Commission make to reduce

its terms to a period that is tolerable to small
businesses ?

3 . Is the Commission prepared to pay the interest on
delayed payments where the normal period is
exceeded, in order to cover the cost of bridging
finance ( normal period = two months )?

4 . Does the Commission have any information to
suggest that transactions in ECU by the financial
institutions responsible are not being carried out with
the promptness customary in the international
banking world ?

NoC 168 / 6 Official Journal of the European Communities 4 . 7 . 92

5 . Is the Commission prepared to remedy deficiencies in
its payment procedures and on the day on which the
bank is instructed to make the transfer, inform the
payee in writing ?

Answer given by Mr Schmidhuber

on behalf of the Commission

( 22 January 1992 )

The Commission has always been concerned to pay its

creditors as soon as possible, since it is keenly aware of
the difficulties that delayed payments can cause persons
or undertakings . Furthermore, it considers that overall its
record is no worse than the average in Member States, but
is open to improvement .

The Commission, an applying the Financial Regulation,

has laid down a strict procedure to be followed before a
payment order may be sent to a bank, so that errors may
be avoided .

First of all, the creditor must send to the authorizing
officer a request for payment . Then, after checking that it
is completely in order, the authorizing officer sends a
payment order with supporting documents to the
accounts department where it is provisionally booked ; the
payment order is automatically rejected if there are
insufficient appropriations available or if no expenditure
commitment exists for it . The payment order is then
verified by the financial controller and returned to the

accounts department for definitive booking . Finally, the
payment order is checked by the accounting officer, and
after a double signature, sent to the bank which holds the
Commission 's account from which the payment is to be
made .

The responses to the particular questions posed by the

Honourable Member are as follows :

1 . A sample based on the last quarter of 1990 showed

that :

— 63% of the payments were completed within 60

days ;

— 1 6 % between 60 and 90 days ;

— 21 % after 90 days .

Delays in payment do not arise necessarily from
inefficiencies in the Commission : they often result
from contested payments .

2 . As mentioned above, the Commission considers its
payment record to be comparable with similar sectors .
It has nevertheless recently taken measures to improve
it by ensuring that, in general, accounts are settled
within 60 days of the receipt of the invoice, provided
the invoice is in order .

3 .' No commitment can be taken as to the payment of

interest . The Commission 's intention, in any event, is
to ensure that there are not unjustifiable delays in

payment .

4 . The Commission does not have any information to

suggest that payments in Ecu are not being carried out
promptly . Accounts in Ecu are held in all Member
States so that payments should be made as quickly as
payments in national currencies .

5 . The Commission has already taken steps to improve

payment procedures ( see 2 above ) and intends to
pursue its efforts in this direction . However, it does
not believe that informing the payee of the date on
which the bank is instructed to make the transfer

would be of assistance . Since this information would

arrive at approximately the same time as the credit to
the beneficiary 's account . It would not contribute
anything new .

Furthermore, the administrative costs to the
Commission would be substantial .

In Belgium, the banks implement the payment orders
within three days of them being sent by the
Commission .

In other Member States, implementation should occur
within a week . Since the Commission does not receive
copies of its beneficiaries ' bank statements, it does not
have precise information on the date of crediting
beneficiaries ' accounts .

WRITTEN QUESTION No 1707 / 91

by Mr Filippos Pierros ( PPE )
to the Commission of the European Communities

(7 August 1991 )

( 92 / C 168 / 10 )

Subject : Assessment of the impact of the Community 's

policy on research and technological
development on small and medium sized
undertakings ( SMUs )

Small and medium-sized undertakingith their flexibility
and innovatory ability, are expected to play a positive role
in achieving the goal of economic and social cohesion
( closing the development gap and combating
unemployment ). However, to do so they urgently need
efficient arrangements for reporting and communicating
the results of Community research and technological
development . Will the Commission therefore state
whether it intends to make a full and comprehensive
assessment of the impact of research and technology
programmes on the SMUs ?

4 . 7 . 92 Official Journal of the European Communities No C 168 / 7

Answer given by Mr Pandolfi

on behalf of the Commission

( 17 February 1 992 )

The impact of R&D activities on SMEs depends very

much on the nature of the enterprises concerned . Three
broad categories of SME can be identified :

— those with an R&D capability of their own and who

can participate in Community R&D programmes in
their own right ;

— those without an R&D capability but who commission

research from laboratories, universities, etc .;

— those who appropriate the fruits of R&D by buying in

technology

The first category of SMEs is well represented in the

Community R&D programmes and benefit directly from
these . The second and third category are able to benefit
indirectly from the Community research programmes . In
this context the new Craft scheme of Cooperative
Research at Community level should be mentioned, since
it allows in particular SMEs of the second category to
become more involved in the Community research
programmes . A number of R&D evaluations have
partially dealt with the impact of Community R&D
programmes on SMEs . Several studies conducted within
the Monitor / Spear programme are, or have been devoted,
to particular aspects of SME participation in Community
research, such as the factors and constraints influencing
the choice of R&D partners and the influence of
Community programmes on the R&D decisions of
enterprises . An analysis by the Institut fur Wirtschafts ­
forschung of Berlin investigated the methodologies
needed to evaluate the economic impact of industrial
R&D with special emphasis on SMEs . This matter
provides a good basis for a future in-depth evaluation .

The conduct of horizontal evaluations intended to cover

particular mechanisms or activities common to several
programmes is foreseen both by the Plan of Action for
evaluation (') and by the Monitor decision ( 2 ). The
analysis of the impact on SMEs is explicitly cited as a
possible example .

The horizontal evaluations conducted up to now dealt
with cohesion and training . The analysis of the impact of

Community R&D on SMEs is an important subject which
is planned to be tackled in the near future, subject to
budget availability .

In addition, the Value programme concerning the
dissemination and exploitation of the results of scientific
and technological research devotes particular attention to
SMEs with the aim of helping them to optimize the results
of Community activities in R&D . With this in mind, a
specific initiative in favour of SMEs has recently been put
into practice jointly by the Value programme and the
services of the Commission responsible for enterprise

policy ( SME ). This action has been followed by the
publication of a Call for Tenders in the Official Journal of
the EC dated 17 June 1991, proposing a system of prime
attribution in order to facilitate the transfer of the results

of R&D in which SMEs are involved .

The creation of a network of relay points in the Member

States in the future and, particularly, the pilot actions
currently being organised in Greece and Portugal should
likewise contribute to enhancing the level of information
and of participation of SMEs in Community R&D
programmes, as well as to the dissemination of their
results .

O OJ No C 14,20 . 1 . 1987 .
O OJ No L 200, 13.7 . 1989 .

WRITTEN QUESTION No 1733 / 91

by Mr Filippos Pierros ( PPE )
to the Commission of the European Communities

(7 August 1991 )

( 92 / C 168 / 11 )

Subject : Reporting on the dissemination and utilization

of Community research findings

On 23 May 1991 a special report by the Court of Auditors
( No 2 / 91 ) on the utilization of Community research
findings appeared in the Official Journal of the European

Communities . Since the Commission is the institution
directly concerned, it is felt that it should also draw up a
comprehensive report giving its own assessments and
ideas on the matter . Will the Commission go ahead with
this, since it would doubtless have a positive effect on
Community policy in the field of research and
technology ?

Answer given by Mr Pandolfi

on behalf of the Commission

(7 February 1992 )

The legal basis for the dissemination and optimization of

research results originally lay in the ECSC and Euratom
Treaties, and it was not until the Single Act was adopted

that the EEC Treaty made explicit reference to such
activities ( Article 130g(c )).

The special report No 2 / 91 of the Court of Auditors on

the exploitation of the results of Community research is
based on the audit of dossiers prior to the adoption, on 20
June 1989, of the Value programme on the dissemination

No C 168 / 8 Official Journal of the European Communities 4 . 7 . 92

and utilization of scientific and technological research
results . It also focuses on a narrow interpretation of the
concept of exploitation, and makes no mention of the
structural changes brought about by the framework
programme, in particular, the ending of the isolation of
the less favoured regions, the collaboration networks and
the mutual exchanges of knowledge and experience
between science and industry in Europe .

The Value programme, the first of its kind implemented
by the Commission, will undergo a mid-term review in the
course of the next few months in conformity with
Article 8 of the Council Decision by which it was adopted .
At the end of this evaluation exercise, the Commission
will address to Parliament and the Council 'a report on
the results of this review, together, if necessary, with any
proposals for modification or prolongation in the light of
the interim results achieved '.

At the same time, the ' proposal for a Council Decision on
the dissemination and exploitation of knowledge
resulting from the specific programmes ' ( third framework
programme ) is currently being examined by Parliament .

The Commission therefore feels that a supplementary
report on this subject should take account of the
discussions relating to these documents . The Commission
intends to make maximum account of the report
presented by Mr Seligman and approved by Parliament at
its July 1991 part-session ; in particular, it is prepared to
submit a strategy paper on the dissemination and
optimization of scientific and technical knowledge, if this
should prove opportune .

WRITTEN QUESTION No 1877 / 91

by Mr Thomas Megahy ( S )
to the Commission of the European Communities

( 1 September 1 991 )

( 92 / C 168 / 12 )

Subject : Definition of federalism

For purposes of negotiations in the current IGC what
is the official definition of federalism used by the
Commission ?

a European Union . The proceedings at the
Intergovernmental Conference on Political Union were
therefore guided by the philosophy of European
integration which, for 40 years, has been patiently to
amass all the economic, monetary, social or political
advances within a single community centred on the
existing Community, with a view to achieving European
Union and developing the Community along federal lines .

There is no single official definition of what a federal

system should be taken to signify . When I spoke in the
House last June, I defined federalism as ' the most
complete form of democracy, since it combines efficiency,
transparency of power, and democracy within arm 's
reach, with the regional level of government enabling
citizens to play a full part in collective life and exercise the
rights of citizenship to the full . Consequently, federal
Europe does not mean centralization, it does not mean a
hidden surrender of powers . On the contrary, it is a form
of clarity '. The concept of ' federalism ' is one in which
power is shared between a number of political and
administrative tiers ( in our case, the Community, the
Member States and the regions ), on the principle that any
decision should be taken at the tier closest to the grass

roots .

In its contribution on the draft treaty which it presented
to the Intergovernmental Conference, the Commission
clearly stated the federal aim in Article B of the common
provisions . The article read : ' The Union shall take the
place of the European Communities as established by the
Treaties establishing the European Coal and Steel
Community, the European Economic Community and
the European Atomic Energy Community and subsequent
treaties and acts modifying or supplementing them ; they
constitute the original nucleus of the Community edifice
and their federal vocation is thus confirmed '. In the end,
the Maastricht European Council adopted an Article A
which states that ' This Treaty marks a new stage in the
process of creating an ever closer union among the
peoples of Europe, in which decisions are taken as closely
as possible to the citizen '.

WRITTEN QUESTION No 1999 / 91

by Mrs Christine Oddy ( S )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 168 / 13 )
Answer given by Mr Delors
on behalf of the Commission

( 21 January 1992 )

At Dublin and Rome, the European Council declared
its determination to transform the Community into

Subject : Commission aid to Nicaragua

What aid was given to Nicaragua in 1990 ? How does this
compare with aid given in 1989 ?

No C 168 / 9
4 . 7 . 92 Official Journal of the European Communities

What aid has been given for the first half of 1991 ?

Can the Commission give a breakdown of the aid into
specific projects for these years ?

Answer given by Mr Matutes

on behalf of the Commission

(6 April 1992 )

The decisions taken in the course of 1990 were intended
to form a coherent package, covering the widest possible
range of sectors and the problems which Nicaragua faces,
particularly bearing in mind its very specific combination
of circumstances ( political transition, cease-fire,
large-scale repatriation, delapidated production facilities,
inadequate human resources, and the disastrous social
situation ).

Among the projects decided in 1990, several were directly
intended to support democratization and pacification in a
country emerging from 12 years of war . For example, the
Commission supported the electoral process ( ECU
173 250 ), and granted ECU 100 000 to support the
Comisión Internacional de Apoyo y de Verificación
( CIAV ), the international support and verification
commitee, which was responsible for supervising the
process of demobilization and disarming the warring
factions . ECU 5 000 000 was committed via the UNHCR,
in the context of the projects submitted to Cirefca by
Central American countries, for schemes to reintegrate
repatriated groups in the North Atlantic coastal area and
in Region I, the Seca Sur area .

Several projects have been approved to help get the
economy back on its feet quickly, by acting on both
human resources and the availability of capital . These
include the following operations :

— food aid intended for sale and to finance agricultural

projects, using the counterpart funds generated ( ECU
6 650 000 );

— a development project to promote self-sufficiency

among repatriated people ( ECU 5 000 000 );

— a project to reintegrate qualified personnel who are to

occupy key posts, with a view to reconstruction and
economic development ( ECU 5 000 000 );

— the special export promotion fund ( ECU 16 000 000 );

— various small production projects financed via NGOs

( approximately ECU 2 500 000 ).

On the disastrous social situation, a series of
humanitarian projects, notably food and medical projects,
was approved to the amount of some ECU 4 600 000 .

In 1991, Nicaragua continued to receive Community aid,
although the amount did not match that for the previous

year . In particular one should mention the ECU
1 3 500 000 granted to an agricultural reform project in
the Rio Blanco area, aimed at developing agriculture
( crops, animal husbandry ) in an area inhabited by poor,
small-scale farmers, in which demobilized people and
their families have recently settled .

The Commission also decided to allocate ECU 270 000 to

help strengthen the Foreign Ministry 's institutional
capacity .

Under the budget heading for aid to refugees, returnees
and displaced persons, the Commission made allocations
totalling ECU 4 826 000 to five projects to help returnees
in 1 1 regions of the country . Two of the projects consisted
of support for deficient health facilities at Jinotega on the
Rio Coco . Community funds were also allocated to
rehabilitating and reintegrating 6 500 people expected in
various areas of the country in 1992 . The funds will
enable their material needs to be met : providing
construction materials, seeds to restart agricultural
production, etc .

Under the budget heading for democratization, the
Commission approved two projects : one supporting the
work of the Organization of American States ( O.A.S. ) in
the CIAV, to an amount of ECU 250 000, and the other
supplying office equipment to the Supreme Court of the
Republic of Nicaragua, to an amount of ECU 370 000 .

With regard to food aid, the final figure is not yet

available but aid for 1991 is estimated to be about ECU

5 000 000 .

WRITTEN QUESTION No 2028 / 91
by Mr Pierre Bernard-Raymond ( PPE )
to the Commission of the European Communities

( 23 September 1991 )

( 92 / C 168 / 14 )

Subject : Study on the economy of Alpine tunnels

Can the Commission give a date for the publication of the
study carried out at its request into economic and
financial aspects of the various transalpine tunnel projects
due to be implemented over the next few years ?

Answer given by Mr Van Miert

on behalf of the Commission

(5 February 1992 )

In 1990 the Commission initiated a study on alpine road
tunnel between France and Italy .

No C 168 / 10 Official Journal of the European Communities 4 . 7 . 92

This study, which was completed in May 1991, is only a development aid in 1991 {A l'Ecoute du Japon \ Brussels,
working document and will therefore not be published . No 369, 22 July 1991 ).

The conclusions of the study, which do not necessarily
reflect the Commission 's opinion, have been forwarded to
the government departments concerned, with whom the
Commission maintain regular contact on this matter .

WRITTEN QUESTION No 2088 / 91

by Mrs Christine Oddy ( S )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 168 / 15 )

Subject : Habitats Directive and road by-passes

What effect will the Habitats Directive have on protecting
wild life sites, particularly where road by-passes are
planned ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

(3 April 1992 )

Although at its meeting on 12 December 1991 the Council
reached political agreement on the Directive on the
conservation of natural habitats and of wild fauna and
flora, it still has not adopted the Directive .

At this stage in the proceedings the Commission can do no
more than state that the text of the Directive requires any
plan or project liable to harm a designated site or a site
due for designation to be properly assessed with regard to
its impact on the environment .

WRITTEN QUESTION No 2100 / 91

by Mr Carlos Robles Piquer ( PPE )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 168 / 16 )

Subject : Comparative study of Community and Japanese

public development aid

The Japanese authorities have just published a western
edition of an overall survey on Japan 's public funding for

This reveals that Japanese spending on aid rose by 3,1 %
between 1989 and 1990, a figure which becomes all the
more significant when we consider that the depreciation
of the yen against the US dollar ( to which this 3,1%
refers ) means that when calculated in yen, the increase is
of the order of 8,2% . Japanese aid totalled US$ 9 239
million in 1990 . A large part of this increase is accounted
for by Japanese cooperation with Poland, Hungary,
Bulgaria, Czechoslovakia and Romania ; but even so,
without including this new aid, the growth, in dollars,
over the previous year was of the order of 1,4%,
according to the abovementioned source .

In view of these figures, can the Commission submit a
comparative study of European Community development
aid in the same ( or an analogous ) period, including both
aid from the Community as such and aid from the
Member States, with particular reference to the
relationship in each Member State of the volume of aid to
GDP, which in the case of Japan was 0,31 % both in 1989
and 1990 ?

Answer given by Mr Marin
on behalf of the Commission

(3 April 1992 )

The data requested is collected and published by the

OECD .

Official Development Aid ( ODA ) excludes aid to Eastern
Europe . The Community disbursed $ 397 million in 1990
to eastern European countries compared to $ 153 million
of Japanese aid . Figures for individual Member States are
not yet available .

The ODA from the EC and Member States in 1989 and

1990 are presented in the table below .

The increase of EC disbursements in 1990 compared to

1989 was 15,2% for aid expressed in US dollars, in Ecu
the increase was 1,55 % .

It should be noted that annual changes in the
disbursements for the EC are not necessarily related to
policy changes . The pattern of payments depends to a
large extent on the effective implementation of aid
programmes for which the financial commitments have
been laid down in multi-annual agreements such as the
European Development Fund ( Lomé ) and the protocols
for the Mediterranean countries .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 11

ODA ( net disbursements ) in 1989 and 1990

EC and Member States, million $ and % of GNP of donor

The

United

Kingdom

of which
Total EC Japan

The

Nether ­

lands

Luxem ­

bourg

Belgium [Denmark] Germany

France

C ) Ireland Italy

Spain Greece Portugal

1989 703 93 7 4 949 7 450 49 3 613 2 097 2 587 53 7 38 107 18 23 085 2 809 8 965

% 0,46 0,94 0,41 0,78 0,42 0,94 0,31 0,14 0,14 0,07 0,24 0,29 — — 0,31

1990 891 1 171 6 320 9 381 57 3 395 2 592 2 647 959 148 25 3 237 9 069

% 0,45 0,93 0,42 0,79 0,16 0,32 0,94 0,27 0,20

O Including DOMITOM .
. . Not available .

J
0,25 0,28 — — 0,31

WRITTEN QUESTION No 2252 / 91

by Mr Yves Verwaerde ( LDR )
to the Commission of the European Communities

( 18 October 1 991 )

( 92 / C 168 / 17 )

Subject : Rules governing telecommunications

French Law No 901170 of 29 December 1990 governing
telecommunications requires that imported terminal
equipment ( Fax machines ) must be approved by a
laboratory authorized by France Telecom .

Where an enterprise applies for such authorization, is it
permissible that the French authorities should fail to reply
to the application and should not give any reasons for
their refusal ?

Should not the text governing the authorization
procedure in France ( Decree of 11 July 1985 and the
' Fascicule TCI ' of the Directorate for Trade in
Telecommunications and Computer Equipment ), which
were drawn up before the Community provisions were

adopted in this sector, have been amended in accordance
with the Community provisions ?

Since these texts are contrary to Community legislation,
can they still be legally applied by the French authorities
( see in particular Articles I. Ill, III2 and 1 . 114 of the
' Fascicule TCI ')?

Answer given by Mr Bangemann

on behalf of the Commission

(5 February 1992 )

In reply to the information on the French Law
No 90-1170 provided by the Honourable Member, the
Commission would draw his attention to the fact that this
Law requires approval for terminal equipmenty when it is
being imported from non-member countries ( see Article
L 34-9 of the Code des Postes et Telecommunications, as
amended by the abovementioned Law ). Moreover, the

Law stipulates that such approval is the responsibility of
the Minister in charge of telecommunications and not, as
the Honourable Member implied, a laboratory approved
by France Telecom .
Even if such approval requirements prove to be
compatible with Community law, it is still important to
check that the way the requirement is implemented is
itself in line with the EEC Treaty . The Commission
therefore takes the view that an administration 's failure to
reply or to give a reason for its refusal constitutes a
measure contrary to Article 30 of the Treaty .

The Court of Justice has already laid down the principles
which must govern national procedures for controlling
products which have been lawfully manufactured and
marketed in other Member States in those cases where
such controls in the importing country are justified . In its
judgment of 12 March 1987 in the ' Beer ' case the Court
had to consider authorization procedures for foodstuffs
containing additives, and gave the following
interpretation of Article 30 :

— authorization must be given within a reasonable time

limit ;

— any refusal of authorization by a Member State must

be duly explained ;
— recourse must be available for operators whose

products have not obtained the said authorization .
Although laid down with reference to the food industry,

these principles apply equally to approval procedures for
terminal equipment .

In reply to the third part of the question, the Commission
would point out that following several complaints from
economic operators wishing to import and market
terminals in France, it has examined both Decree 85-712
of 1 1 July 1985 and the Fascicule TC1 . It found them both
to be contrary to Community law and asked the French
authorities to remove the infringing elements . In response
to this request, the French authorities adopted Law
No 90-1 170 and are currently preparing to adopt a series
of implementing texts, dealing, in particular, with the
approval procedure, to replace the contested texts .
Lastly, in reply to the question of whether a Member State
may apply a text which is contrary to Community law, the
Commission would point out that in its judgments of

No C 168 / 12 Official Journal of the European Communities 4 . 7 . 92

9 March 1978 in the ' Simmenthal ' case and 22 June 1989

in the Tratelli Costanzo ' case the Court ruled that all

state institutions, including administrative institutions,
were bound to apply the provisions of Community law

and to refrain, where necessary, from applying any
national provisions which conflict with it .

WRITTEN QUESTION No 2253 / 91

for non-implementation of the birds Directive
( 79 / 409 / EEC ) (') and, in each case, the justification for
doing so ?

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

WRITTEN QUESTION No 2769 / 91

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

( 22 November 1 991 )

by Mr Yves Verwaerde ( LDR )
to the Commission of the European Communities

( 92 / C 168 / 20 )
( 18 October 1991 )

( 92 / C 168 / 18 )
Subject : Birds Directive

Subject : Rules governing telecommunications

French Law No 901170 of 29 December 1990 governing
telecommunications requires that imported terminal
equipment ( Fax machines ) must be approved by a
laboratory authorized by France Telecom .

Can French legislation be allowed to penalize a
distributor merely because he advertises terminal
equipment which has not been officially approved ?

Answer given by Mr Bangemann

on behalf of the Commission

(5 February 1992 )

The question of whether, under Community law, anyone

should be penalised for having advertised terminals which
have not been approved can be answered as follows : the
Commission 's policy is that, when advertising is honest
and fair and does not constitute an incentive to fraud, it
must always be permitted ; this means that the advertising
must warn the customer that it is illegal to connect
unapproved equipment to the public network . If the
person responsible for the advertising followed these
guidelines, the Commission would have to consider any
penalties as unjustified under the EEC Treaty .

The Honourable Member should also refer to the answer
given by the Commission to his Written Question
No 2252 / 91 C ).

(') See page 1 1 of this Official Journal .

WRITTEN QUESTION No 2350 / 91

by Mr Proinsias De Rossa ( CG )
to the Commission of the European Communities

( 21 October 1991 )

( 92 / C 168 / 19 )

Subject : Implementation of the birds Directive ( 79 /
409 / EEC )

Will the Commission list the cases it has initiated or
processed through the courts against Member States

Could the Commission provide me with a list of the
Article 130 actions it has taken against Member States for
non-implementation of the birds Directive 79 / 409 / EEC ?
What was the justification of these actions ?

WRITTEN QUESTION No 2875 / 91

by Mr Gene Fitzgerald ( RDE )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 168 / 21 )

Subject : Birds Directive

Has the Commission entered into court proceedings
against any of the Member States for non-implementation
of Directive 79 / 409 / EEC and, if so, what were the
Commission 's reasons for this course of action ?

Joint answer to Written Questions Nos 2350 / 91, 2769 / 91

and 2875 / 91

given by Mr Ripa di Meana
on behalf of the Commission

( 11 March 1992 )

As regards decided cases on this Directive, the
Honourable Members are referred to the Eighth Annual
Report to the Parliament on Commission monitoring of
the application of Community law ('). Annex C gives a
detailed report on Community environmental law, and
includes a list of all important judgments of the Court of
Justice up to the end of 1990, including those relating to

Directive 79 / 409 / EEC . It will be noted that there have
been decisions in respect of Belgium, Italy, Germany, the
Netherlands, and France . These decisions are principally
related to the hunting and derogation provisions of the
Directive ( Articles 7 and 9 ). For full details, the judgments
themselves should be consulted .

Since that list was compiled, there has been a further
decision of the Court of Justice on the Directive, which is

4.7.92 Official Journal of the European Communities NoC 168 / 13

of particular significance since for the first time it states
the Court 's views as to how Article 4 ( which deals with
special protection areas ) should be interpreted . This
is case 57 / 89, Commission / Germany, decided on 28
February 1991 .

As regards cases pending, as of 30 November 1991, the

Commission was awaiting decisions in cases taken against
Ireland, Italy and the Netherlands . The Irish case
concerns the derogation provisions of the Directive, the
Commission 's contention being that the Irish legislation is
not sufficiently strict . The Italian case concerns the failure
to classify and protect an important bird habitat under
Article 4 of the Directive . The case against the
Netherlands concerns non-transposition of the
Directive 's provisions into Dutch law, especially those
relating to hunting .

O COM(91 ) 321 final .

WRITTEN QUESTION No 2364 / 91

by Mr Carlos Robles Piquer ( PPE )
to the Commission of the European Communities

( 22 October 1991 )

( 92 / C 168 / 22 )

Subject : Retreat of the Sahara desert

Harold Dregne, an expert in the International Centre for
Arid and Semi - Arid Land Studies of the Technical
University of Texas, in the US city of Lubbock, has
claimed that a major reconstruction effort does not seem
to be necessary ( as reported in issue No 13 of the review
' New Arabia ', 29 August 1991, p. 19 ). This opinion echoes
that of many other experts who believe, on the basis of
some 4 500 satellite photographs taken during the last
decade, that the Sahara has started to retreat since 1984 .
Other experts, however, believe the opposite and
maintain that it is still necessaryto combat the advancing
Sahara .

Given the impact of this phenomenon on many ACP
countries and on southern Europe, does the Commission
have any information as to which of the above opinions
has a sounder scientific basis ?

Answer given by Mr Marin
on behalf of the Commission

( 31 March 1992 )

The study to which the Honourable Member refers can,

like others in this field, give only a partial and momentary
picture of the desertification process .

As the same author points out in a report comparing the
development of vegetation in the southern Sahara using
NOAA satellite pictures in 1988, it is impossible to
ascertain whether the Sahara is advancing or retreating,
since to do so would require observations spread over a
period of 30 to 40 years .

Therefore, with the information currently available to us,
there is no way of knowing which of these theses is
correct : it may be that the desert is advancing in some
areas and retreating in others .

To be entirely reliable, observation of these phenomena

must be coordinated over a period of several years .

Professor Dregne 's conclusion that a major
reconstruction effort does not seem to be necessary
appears somewhat hasty, given that the desertification
process affects not only land bordering the desert, but
also areas at a distance from the edge of the desert .
Erosion and deforestation in areas at some distance from
the desert proper will speed up the desertification process
if appropriate measures are not taken . It is in these areas
that action is required, primarily because population
groups there are migrating towards areas where the
climate and soil still allow them to live of the land 's

natural resources .

The Commission 's position has always been to see
desertification as an overall problem, not as something
linked only to the advance or retreat of the desert . The
evidence of a number of remote-sensing studies to
identify areas threatened by desertification has made it
possible to pinpoint several areas where action is
necessary, such as the Fouta-Djalou massif and the Upper
Niger basin .

WRITTEN QUESTION No 2366 / 91

by Mr Carlos Robles Piquer ( PPE )
to the Commission of the European Communities

( 22 October 1991 )

( 92 / C 168 / 23 )

Subject : Data for a comparison of the EC and Japan in

the field of research

A Japanese Management and Coordination Agency
survey on research expenditure shows that Japanese total
expenditure amounts to 2,9% of Japanese GDP and is
exceeded only by that of the USA . It also appears that the
strongest growth in expenditure has occurred in the
private sector . Furthermore, Japan achieved a technology
trade balance for the first time in 1989, and universities
have increased their applied research budgets in recent

No C 168 / 14 Official Journal of the European Communities 4 . 7 . 92

years whilst during the same period industry has given
greater priority to basic research .

Can the Commission supply comparative data for the
Community as a whole and specific Member States which
are most advanced in scientific research, including data on
the private sector and technology trade ?

Answer given by Mr Pandolfi

on behalf of the Commission

(6 February 1992 )

The figures given are based on information from the

OECD, Eurostat and the NSF and will be published
shortly under reference EUR 13795 .

(') Extrapolations have had to be made for some Member States

where there are no data, in order to arrive at a figure for the
Community as a whole .

WRITTEN QUESTION No 2412 / 91

by Mr Kenneth Stewart ( S )
to the Commission of the European Communities

( 30 October 1991 )

According to the Commission 's estimates, Community ( 92 / C 168 / 24 )
domestic R&D expenditure as a percentage of GDP was
2,05% in 1989 ('), compared with 2,98% in Japan and
2,8 % in the United States . In 1988 expenditure on R&D
by corporate enterprises accounted for around 65 % of Subject : Relocation of Potterton
total R&D spending in the Community, compared with ( Merseyside ), and the loss
over 70% in the United States and Japan . These
percentages are unlikely to have changed in 1989, but the Is the Commission aware that
precise data from the OECD are not yet to hand . near Liverpool intend to relocate

Subject : Relocation of Potterton Myson, Kirkby
( Merseyside ), and the loss of 120 jobs

Is the Commission aware that Potterton Myson at Kirkby
near Liverpool intend to relocate their operation to East
Lancashire, with the consequent loss of 120 jobs ?

The figures for the Community as a whole do not give a
sufficiently detailed picture of the situation to reflect all
the individual disparities . Three Member States —
Germany, the United Kingdom and France — together
account for 60% of Community R&D expenditure . The
relevant figures for these countries are as follows :

Since this decision is one of rationalization of the Group,
there is no question of industrial relations problems, and
despite the recession, it is a profitable concern .

Bearing in mind the drastic unemployment situation in the
area, and the need to maintain as many jobs as possible,
the region being one of the most deprived in the UK,
would the Commission consider requesting this company
to think again and remain at the Kirkby location ?

Would the Commission also state if Potterton Myson,
part of the Blue Circle Heating Group, has received any
support from European Funds within the last eight years .

Answer given by Mr Millan
on behalf of the Commission

United
Germany
Kingdom

France

Domestic R&D
expenditure as a % of
GDP ( 1989 )

Domestic R&D

expenditure by
companies as a % of total
R&D spending ( 1988 )

2,88 2,2 ( 1988 ) 2,32

72 66 59

( 23 January 1992 )
With regard to the technology trade balance ( the ratio of
revenue to payments ), Japan did indeed achieve
equilibrium in 1989, but it should also be noted that the The Commission notes with concern
ratios were 5,26 in the United States, 0,92 in the United
Kingdom ( 1988 ), 0,84 in Germany and 0,8 in France jobs in Merseyside, an area

industrial decline as recognised by its

( 1988 ). The above figures relate to trade between these
countries and the rest of the world . There are no However, the Commission has no

relocation of this plant . It can

corresponding figures for the Community as a whole .

Myson has not received support

Eurostat has also published information on Community
trade in all high-technology products which shows that, Regional Development Fund .
in 1986, Community exports amounted to 60% of its
imports in trade with the United States, 10 % with Japan However as the Honourable
and 120% with the EFTA countries . itself has benefitted

The Commission notes with concern this further loss of
jobs in Merseyside, an area already suffering from
industrial decline as recognised by its Objective 2 status .
However, the Commission has no powers to prevent the
relocation of this plant . It can confirm that Potterton
Myson has not received support from the European
Regional Development Fund .

However as the Honourable Member will be aware,
Merseyside itself has benefitted from the ERDF which

4.7.92 Official Journal of the European Communities No C 168 / 15

contributed ECU 72 million to the Merseyside IDO
between 1989 and 1991 . This help will continue in 1992
and 1993 although the precise figures have not yet been
agreed .

The Commission considers that labelling is a fundamental

tool providing essential information for persons ( workers
and / or the general public ) who handle or use these
substances and preparation . Apart from showing the
potential hazards ( symbol and risk phrases ), the label also
provides information on safety measures and instructions
for use of the product in its various forms .

(') OJ No L 196, 16 . 8 . 1967 .
O OJ No L 259, 15 . 10 . 1979 .
O OJ No L 187, 16.7 . 1988 .
WRITTEN QUESTION No 2449 / 91 O OJ No L 180 and 180A, 8 . 7 . 1991 .

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

( 30 October 1991 )

( 92 / C 168 / 25 )

WRITTEN QUESTION No 2502 / 91

Subject : Acute human poisoning

Could the Commission comment on the need for
manufacturers of products which have or might
contribute to deaths by acute human poisoning to indicate
clearly the degree and nature of the known danger on the
product label ?

Answer given by Mr Bangemann

on behalf of the Commission

(5 February 1992 )

There are several Directives concerning the labelling of
dangerous chemicals :

— Directive 67 / 548 / EEC ('), as last amended by
Directive 79 / 831 / EEC ( 2 ), on the classification and
labelling of dangerous substances ;

— Directive 88 / 379 / EEC ( 3 ), on the classification and

labelling of dangerous preparations ;

— Directive 91 / 325 / EEC ( 4 ), in particular Annex V
thereof, which lays down the criteria for classification
and labelling of dangerous substances and
preparations : criteria for the choice of symbols,
phrases indicating special risks (R phrase ) and safety
advice (S phrase ).

The above texts require those responsible for placing
products on the market :

— to carry out provisional classification and labelling in

the case of dangerous substances not included in
Annex I to 67 / 548, pending their inclusion in this
Annex ;

— to evaluate the hazards in accordance with Article 3

and to label in accordance with Article 7 of the above
Directive in the case of preparations .

by Mr Gordon Adam ( S )
to the Commission of the European Communities

(8 November 1 991 )

( 92 / C 168 / 26 )

Subject : Right of residence in the EC

In a recent publication by the Commission ' Freedom of
movement ' ISSN 0379-3133 it is written that :

' The right to reside will be extended to retired persons
from all Member States . . to students and to
non-workers who can give satisfactory proof of
income sufficient to exclude their becoming a burden
on the host country .'

In the context of this statement could the Commission
please define and explain what is meant by

— ' non-workers '

— ' satisfactory ' proof

— ' sufficient ' income

— becoming a ' burden '?

Furthermore could the Commission indicate whether
their interpretation is enforceable in the Member States or
will it be open to each Member State to make its own

interpretation of the new Regulations ?

Answer given by Mr Bangemann

on behalf of the Commission

(7 April 1992 )

It is not the task of the Commission to define the terms of
a Directive issued by the Council . The right to certify the

No C 168 / 16 Official Journal of the European Communities 4 . 7 . 92

interpretations of Community law terms is vested in the
Court of Justice . Once the Court of Justice has given its
interpretation, it is enforceable in the Member States and
prevails over interpretations potentially given by the
national courts .

The Commission can only explain the reasons why it
proposed certain regulations, which thereafter have been
retained by the Council in legal terms . If the three Council
Directives published by the Commission on 28 June 1990
( Directive 90 / 364 / EEC on the right of residence,
Directive 90 / 365 / EEC on the right of residence for
employees and self-employed persons who have ceased
their occupational activity, and Directive 90 / 366 / EEC on
the right of residence for students ) refer to ' non workers ',
the reason is that the three Directives issued create a
general right of residence, whereas up to now this right
was restricted to economically active persons such as, for
exemple, ' workers '. A condition of this general right of
residence is that the beneficiaries have their own means,
so that they are not forced to ask for support by the host
country and, therefore, become a ' burden '. These own
means have to be ' sufficient ' in the sense that the
beneficiary can live in the host country according to the
general standard of living . To obtain a residence permit,
he must give proof of his means ; he is not required to give
full proof . The Council agreed, after long debates, to
restrict the degree of ' satisfactory ' proof to the extent that
the relevant authority in host country is satisfied, and that
the necessary means are available and sufficient in the
sense described .

WRITTEN QUESTION No 2513 / 91

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

( 8 November 1 991 )

( 92 / C 168 / 27 )

Subject : Safeguards nuclear materials

On how many occasions since August 1978 has the United
Kingdom Government informed the Commission and
Euratom that it intended to withdraw from Safeguards
nuclear materials covered under the provisions of the
tripartite agreement between the United
Kingdom-Euratom-International Atomic Energy Agency
( Inf . Circ / 263 ) by invoking Article 14 of the Treaty ; how
much notice of each withdrawal was given to the
Commission ; did the United Kingdom Government
notify the Commission on any occasion that the nuclear
material was to be returned to Safeguards ( if so, give
details of dates and amounts involved ); and will the
Commission take immediate steps to renegotiate the
Treaty with its two co-signatories to remove the clauses
covering confidentiality of information ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 27 March 1992 )

Withdrawals of nuclear material from the stocks of the
safeguards Agreement INFCIRC 263 are provided for
under Article 14 of this Agreement .

The United Kingdom has exercised this right and has also

returned nuclear material .

The advanced notice of such transactions has been
provided in accordance with the above agreement, but the
Commission regrets to inform the Honourable Member
that it is not at liberty to disclose the details of such
transactions .

The Commission does not intend to renegotiate the
Agreement with its co-signatories .

WRITTEN QUESTION No 2548 / 91

by Mr Madron Seligman ( ED )
to the Commission of the European Communities

( 8 November 1 991 )

( 92 / C 168 / 28 )

Subject : EC standards for ladders

Manufacturers of ladders ( both wooden and of
aluminium ) in my own country and no doubt in other
Member States are expressing concern at the absence of a
recognized standard which would be acceptable
throughout the Community — especially with the more
imminent advent of the Single Market .

It is my understanding that drafts were put forward as
long ago as 1979 and 1982 covering respectively :

prenEN 131-1 LADDERS terms, types, functional sizes .

prenEN 131-2 LADDERS requirements, testing,
marketing, information, certification .

Bearing in mind that ladders are so widely used both by
private individuals and in many trades and industries, I
feel that the Commission should not allow any further
delay . After all, manufacturers need time to ensure that
their products meet the standards which have yet to be
notified .

Answer given by Mr Bangemann

on behalf of the Commission

(1 April 1992 )

The two standards concerning ladders, namely EN 131-1

and EN 131-2 cover ( a ) terminology, types and

4 . 7 . 92 Official Journal of the European Communities No C 168 / 17

dimensions and ( b ) requirements, tests and conformity,

assessment .

They cover all ladders regardless of their constituent

materials . The two standards drawn up by CEN CT 93
will soon be put to a formal vote .

WRITTEN QUESTION No 2558 / 91

by Mrs Brigitte Ernst de la Graete ( V )
to the Commission of the European Communities

( 14 November 1 991 )

( 92 / C 168 / 29 )

Subject : Summer time — Directive under preparation

According to a recent study by a political economy centre
of the Free University of Brussels, summer time offers
neither economic or ecological advantages .

Its drawbacks on the other hand, particularly for young
children, have been known for a long time .

How will the Commission take account of these

drawbacks in the new Directive scheduled for 1993 / 94 ?

Answer given by Mr Van Miert

on behalf of the Commission

(7 April 1992 )

Having examined the arguments for and against summer
time in studies drawn up by independent consultants, the
Commission sought the opinions of the Member States . It
transpired that a significant majority were in favour of
carrying on with the present system . Consequently, the
sixth Directive proposed by the Commission sets the dates
for the beginning and end of summer time for 1993 and

1994 0 ).

Irrespective of the Council 's final decision, it remains the
Commission 's objective to harmonize the Community 's
clocks with a view to improving operating conditions in
the international transport and communications sector .

(') OJNoC 219, 22 . 8 . 1991 .

WRITTEN QUESTION No 2591 / 91
by Mr Marco Taradash ( V ), Mrs Heinke Salisch ( S ), Mr

Rinaldo Bontempi ( GUE ), Mrs Mathilde van den Brink
( S ), Mrs Claudia Roth ( V ), Mr Leon Schwartzenberg ( S ),

Mr Marco Pannella ( NI ) and Mr Lode Van Outrive ( S )

to the Commission of the European Communities

( 14 November 1991 )

( 92 / C 168 / 30 )

Subject : Europol European Central Police Force

At its meeting in Luxembourg on 28 and 29 June 1991 the

European Council undertook to set up a European central
police force ( Europol ) by 31 December 1993 .

Will the European Parliament be involved in the
preparatory stages of this project and, if so, how and to
what extent ? If not, why not ?

To what kind of parliamentary control will ' Europol ' be

subject ?

What will be the legal basis for this body and pursuant to
which articles of the Treaty will it be set up ?

What powers will it have, what will be its relations with
the national police forces and what kinds of criminal
offences will it be responsible for investigating ?

It is feasible to plan such a ' federal ' police force in the
absence of a genuine European federation and without
real European citizenship ?

Answer given by Mr Bangemann

on behalf of the Commission

(3 April 1992 )

The Luxembourg European Council asked the ministers
responsible to produce a report on the fight against
international drug trafficking and organized crime
accompanied by practical proposals for the creation of
Europol . The responsibility for drawing up the report lies
with the Trevi Ministers acting within the framework of

intergovernmental cooperation . It is therefore for the
Presidency to answer the Honourable Member 's
questions .

The Commission would draw the attention of the

Honourable Members to the conclusions of the
Maastricht European Council, which gave its agreement
to the creation of a European Police Office with the initial
function of organizing the exchange of information on
narcotic drugs between the twelve Member States of the
Community . When the Treaty on Political Union comes

NoC 168 / 18 Official Journal of the European Communities 4 . 7 . 92

into effect, this responsibility will be exercised within the
framework of the provisions on cooperation in the field
of justice and home affairs, Article 6 K of which lays
down the rules governing information and consultation of
the European Parliament .

WRITTEN QUESTION No 2598 / 91

by Mrs Maria Cassanmagnago Cerretti ( PPE ) and

Mr Paraskevas Avgerinos ( S )

to the Commission of the European Communities

( 14 November 1 991 )

( 92 / C 168 / 31 )

Subject : The Community 's role in the Yugoslav crisis

1 . Can the Commission give an assessment of
Community action in the quest for a peaceful solution to
the Yugoslav crisis and, more particularly, express its
opinion of the role played so far by Community observers
in guaranteeing compliance with the Brioni agreements ?

2 . Does the Commission intend in future to involve the

European Parliament more closely in decision-making
and in the negotiations which are now under way with the
aim of finding a peaceful settlement to the situation in
that country ?

Answer given by Mr Matutes

on behalf of the Commission

( 27 March 1992 )

1 . With the Joint Declaration signed by the parties in
question in Brioni on 7 July last year, the European
Community assumed the role of mediator in the Yugoslav

peace process .

The Community offered to mediate to bring an end to the
hostilities by sending a team of observers to Yugoslavia,
and to help establish a dialogue with a view to
determining the country 's future .

In spite of their being unable to prevent ceasefire
violations, the very presence of the Community observers
helped bring an end to the conflict in Slovenia, limit its
scale in Croatia, and prevent its spread into
Bosnia-Herzegovina .

The Community team also helped evacuate large numbers
of wounded and refugees, and played an active part in
distributing emergency aid to sections of the population
affected by the war . The Community observers also
enabled the federal army to be withdrawn in an orderly
fashion from Slovenian territory and some barracks in
Croatia .

In requesting the intervention of the UN Security Council
after five months of mediation, the European Community
recognized its limitations as a peacekeeping force on the
ground, but this is not to say that it relinquished its role as
mediator .

As regards the second point of the Brioni Agreements,
namely bringing the parties in question together to seek a
joint solution to the future of Yugoslavia, the Community
set up a framework for dialogue at the Peace Conference
which opened in The Hague on 7 September .

The Yugoslav crisis saw a Community common foreign
policy implemented for the first time . Despite the
widely-differing positions on this question among the
Member States, a common position was adopted as part
of a broader picture involving the United Nations and the
Peace Conference .

The Commission believes that the decision taken on 16
December last year to initiate a process for the
recognition, on the basis of guidelines, of the Yugoslav
Republics helped to clarify the situation and contributed
to the peace process .

2 . The Commission has, whenever the opportunity has
arisen, briefed Parliament on the situation in Yugoslavia
and the initiatives taken by the Community .

Participation in the Peace Conference is not consistent
with Parliament 's role .

WRITTEN QUESTION No 2641 / 91

by Mr Virgilio Pereira ( LDR )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 168 / 32 )

Subject : Contribution from the structural funds to
investments in the island of Porto Santo

Can the Commission say what investments have been
made in the island of Porto Santo in the Autonomous

Region of Madeira since January 1986 with a contribution
from the structural funds ( EAGGF-Guidance, ERDF and
ESF )?

What were the total amounts invested and what was the

rate of structural fund participation ?

Answer given by Mr Millan
on behalf of the Commission

( 19 March 1992 )

There is no breakdown at sub-regional level of aid
granted to Portugal by the EAGGF — Guidance Section
and the European Social Fund .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 19

As far as ERDF is concerned, the following projects,

located in Porto Santo, received aid from 1986 to 1989 .

( in ECU )

Project Aid

Construction of ER 101 699 486

Construction of Porto Faial 520 451

Construction of camping ground 764 022

**Construction** of ER 101 151 425

**Construction** of harbour 5 108 590

**Construction** **of** **caminho** **municipal** 169 361

**Extension** **of** **water** treatment 175 897

**Water** **distribution** 483 783

Construction of a health centre 501 712

Total 8 574 727

The intervention rate for infrastructure projects was 75% .

In addition, during this period, Porto Santo also
benefitted from other projects which were approved for
the whole of the Autonomous Region of Madeira .

Following the adoption of the Community Support
Framework for Portugal in 1989, and the move to
programme financing, data is not longer kept at
sub-regional level by the Commission .

WRITTEN QUESTION No 2654 / 91
by Mr Fernando Suárez González ( PPE )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 168 / 33 )

Subject : Cooperation with Central America

The Commission has contributed ECU 1 150 000 towards

NTP Project 85 / 960 / 946, entitled Soexpo Trade
Promotion Training Course, being carried out by MT
International Trade Center .

Can the Commission explain who asked for this project to
be carried out, what exactly it involves and how many
Central Americans will benefit from it ?

It consists of a course in marketing and trade promotion
for representatives of private sector exporters and public
sector bodies for export promotion, focusing on four
non-traditional products, namely fresh and processed
products, seafood and medicinal plants, and involving
five product seminars and four workshops for instructors
in Central America . The project will be followed up by
four trade missions to Europe .

A total of 200 people will take part ( 15-16 participants at

each event ).

(') Asoexpo = Association of Public Export Promotion Bodies

( Central America, Panama and the Dominican Republic ).

WRITTEN QUESTION No 2673 / 91

by Mr Diego de los Santos López ( ARC )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 168 / 34 )

Subject : Interreg programme

Can the Commission say what point has now been
reached in implementing the Interreg programme in the
border area between Spain and Portugal, specifically in
the province of Huelva ( Andalusia )?

Has any decision been taken by the Commission on the
amount of the Community 's total contribution towards
the programmes that have been submitted ?

What programmes have been submitted in the province of

Huelva, and what amounts are involved ?

Answer given by Mr Millan
on behalf of the Commission

( 21 February 1992 )

The Interreg programme for Spain and Portugal was

approved on 18 June 1991 and involves a total amount of
ECU 555 502 million, of which ECU 324 701 refer to
Spain . The contribution of the structural Funds is broken
down as follows :

( in ECUs )
Answer given by Mr Matutes

on behalf of the Commission

Spain Portugal Total

( 5 February 1 992 )

ERDF 217 455 000 156 905 000 374 360 000

The project was mounted at the request of the Costa

Rican Investment and Export Promotion Centre ( Cenpro )
on behalf of Asoexpo (').

EAGGF-Guidance

section 5 930 000 4 660 000 10 590 000

No C 168 / 20 Official Journal of the European Communities 4 . 7 . 92

The budget commitment for the first tranche ( 1991 ) is :

( in EC Us )

Spain Portugal Total

ERDF 105 098 000 25 185 000 130 283 000

EAGGF ­

Guidance section 343 000 928 000 1 271 000

As regards the province of Huelva, several measures are
planned for a total cost of ECU 68,7 million ( in 1991
prices ), 70 % of which will be provided by the ERDF .
These measures mostly involve roads of particular
importance for cross-border communication, water
supply and purification, an industrial zone, the
remodelling of a public area and the landscaping of the
banks of a river .

Non-regional measures from which the province of
Huelva can also benefit are also planned and involve
endogenous development, management and technical
assistance . The EAGGF Guidance section will contribute

70 % to this last measure .

WRITTEN QUESTION No 2681 / 91

by Mr Gerardo Fernandez-Albor ( PPE )
to the Commission of the European Communities

( 19 November 1 991 )

( 92 / C 168 / 35 )

Subject : Community campaign to promote consumption

of European goods

A recent survey carried out in different Member States

reveals a clear preference on the part of Community
citizens for their own national products, reflecting the
fact that the two out of three European citizens still feel
their identity to be national rather than European .

Since encouraging the consumption of products from
outwith a given Member State represents one way of
fostering a specifically EC attitude, does the Commission
believe that it should organize a campaign throughout the
Community to encourage the Community consumer to
break with the nationally based buying habits of a
lifetime ?

Answer given by Mr Van Miert

on behalf of the Commission

( 26 March 1992 )

The Commission shares the Honourable Member 's views
on the beneficial impact which the consumption of
products from other Member States can have as an
integrating force and a way of developing Community
consciousness .

Moreover, the Single Market cannot be considered a
success unless consumers benefit fully from the
ever-expanding range of products and services open to
them .

For this reason the Commission has attempted, in its
Three-Year Action Plan of Consumer Policy in the EEC,

to tackle the main problems and difficulties affecting
consumer confidence within the framework of the

internal market so as to enable consumers to take
advantage of the free movement of goods, services and
people . Once the Commission 's proposals have been
adopted by the other institutions a work programme can
be got under way to provide consumers with information
and advice on their rights and the protection of their
safety and interests .

The Commission is aware of the growing demands being
placed on it in this area, but feels that others too should be
called upon to give active support, not only at Community
level, but nationally and even locally .

In 1992 the Commission will step up greatly its work on
consumer information .

In addition, it has decided to support the setting-up of
local consumer help and information centres in several
transfrontier areas of the Community . These centres are
intended to help consumers deal with the problems and
face the risks involved in transfrontier transactions,
thereby encouraging a more European type of consumer
behaviour .

WRITTEN QUESTION No 2719 / 91

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

( 21 November 1991 )

( 92 / C 168 / 36 )

Subject : Attacks in France on lorries transporting
agricultural products

In the past few weeks there have been renewed outbreaks
on French roads of attacks carried out by what can only
be described as armed bands which appear to be made up
of farmers incensed at the export of agricultural products .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 21

The Spanish press recently reported an attack on a lorry
from Valencia loaded with grapes, which was waylaid at
the Nimes motorway tollgate ( peage ) on 10 October 1991
by about a hundred individuals who destroyed the load,
valued at over Pta 4 million . According to a number of
press commentaries, the French police did not, at any
time, take the vigorous action appropriate to such a
situation, which represented nothing less than an attack
on individual liberty, the security of property and free
trade . Moreover, many firms in the road haulage sector
are SMUs, and the partial or total destruction of a vehicle
can have serious implications for . the survival of a small
firm .

Does the Commission have information regarding the
number of acts of this type committed and the extent of
the damage caused ?

Bearing in mind that insurance firms do not generally pay
compensation for risks of this type ( caused by deliberate
acts ), is there any way ' of providing compensation for the
loss incurred by the owners of the goods ?

What measures does the Commission envisage taking in
this connection ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(5 February 1992 )

The Commission has noted with concern the incident
referred to in France during which free circulation of
agricultural produce from other Member States has been
impeded .

The information available to the Commission does not

allow to assess accurately the number of such cases or the
quantum of damages resulting from them .

There is no Community compensation procedure for

damages arising out of such incidents and it is not the
intention to propose any such measures . The French
authorities have however introduced compensation

arrangements .

The Commission will continue to monitor the situation

WRITTEN QUESTION No 2754 / 91

by Mr Proinsias De Rossa ( CG )
to the Commission of the European Communities

( 22 November 1991 )

( 92 / C 168 / 37 )

Subject : Provision of information for migrant workers

Does the Commission have any proposals under
consideration to require the provision of training courses
for the staff of the relevant government departments of
the Member States who are likely to be involved with the
provision of advice to migrant workers ?

Answer given by Mrs Papandreou

on behalf of the Commission

(7 April 1992 )

The ESF gives priority to the training of migrant workers
during the three years following their immigration and to
training to help them return to a Member State .

When the structural Funds Regulation was adopted, the

Commission stated that in implementing objectives 3 and
4 particular attention would be paid to those categories of
persons who encounter particular difficulties on the
labour market .

Council Regulation ( EEC ) 4255 / 88 (') provides for
co-financing of guidance and counselling operations to
help reintegrate the long-term unemployed, many of
whom are migrant workers .

Within this framework, the Commission has funded
guidance and counselling operations to support the
integration of migrant workers, which may include
training for persons who are to counsel them .

In Greece, for example, the Commission has already
approved an operational programme under objectives 3
and 4 called ' operations in support of migrant workers ',
which makes no specific provision for training for
officials responsible for informing migrant workers .

However, in view of the great need for information on
guidance and employment services for migrant workers
returning to Greece, the European Social Fund plans to
recommend that the Greek authorities include specific
training measures for civil servants in some operational

programmes .

and as in the past will take any necessary measures within training measures for civil
the maintained powers available for the to it free to ensure circulation that the of conditions agricultural are programmes .
products .
O OJNoL374, 31 . 12 . 1988 .

NoC 168 / 22 Official Journal of the European Communities 4 . 7 . 92

WRITTEN QUESTION No 2758 / 91 In order to remove any ambiguity concerning foreign

by Mr Proinsias De Rossa ( CG ) acquisitions, can the Commission clarify its views and

redefine the concept of the dominant position of a given
to the Commission of the European Communities manufacturer in one sector of a supposedly single market ?

WRITTEN QUESTION No 2758 / 91

by Mr Proinsias De Rossa ( CG )

( 22 November 1991 )

( 92 / C 168 / 38 )

Subject : Directive on toy safety

Will the Commission state which Member States have

implemented Council Directive 88 / 378 / EEC (') of 3 May

1988 on the approximation of the laws of the Member
States concerning the safety of toys and the number of
complaints that have been received in respect of each
Member State with regard to non-compliance with the
terms of the Directive .

(') OJ No L 187, 16 . 7 . 1988, p. 1 .

Answer given by Mr Van Miert

on behalf of the Commission

(2 April 1992 )

With regard to the first part of the question, all Member

States have implemented the Council Directive
88 / 378 / EEC of 3 May 1988 into national law,
Luxembourg and Italy having just recently sent to the
Commission its text adopted in this field .

In respect of national implementing laws which fail to
conform with the Directive, there are only three
infringement cases pending with the Commission . These
cases concern three Member States and basically involved
labelling requirements, definition problems and some
controls prior to the putting into circulation of toys .
However, these cases are in the process of being resolved .

With regard to cases concerning the application of the

Directive by the Member States, the Commission has not
up until now, received any formal complaint .

WRITTEN QUESTION No 2794 / 91

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

( 22 November 1991 )

( 92 / C 168 / 39 )

Answer given by Sir Leon Brittan

on behalf of the Commission

(6 February 1992 )

Under Council Regulation ( EEC ) 4064 / 89 (') on the
control of concentrations between undertakings ( the
Merger Regulation ), the Commission has to decide
whether or not a concentration with a Community
dimension as defined in the Regulation is compatible with
the common market . The test laid down in the Merger
Regulation is whether the concentration creates or
strengthens a dominant position as a result of which
effective competition would be significantly impeded in
the common market or in a substantial part of it . In
practice, this test requires first the determination of the
relevant product and geographic markets affected by a
concentration and, in the next step, the assessment of the
impact of the concentration on the markets . A
concentration leads to a dominant position where the
companies involved acquire the power to behave to an
appreciable extent independently of their competitors and

customers .

The criteria for the appraisal of concentrations under the

Merger Regulation are the same for concentrations
involving only European companies as for those involving
also companies from outside the Community . Where a
global market exists into which the Community market is
fully integrated, the Commission takes this into account .
In the case of Aerospatiale-Alenia / de Havilland, the
Commission based its analysis on the world market for
commuter aircraft in assessing the impact that the
proposed concentration would have on the balance of
competition in the Community . The analysis led to the
conclusion that the concentration would, on a lasting
basis, create a dominant position for commuter aircraft
resulting in a significant impediment to effective
competition on the world market and within the
Community at the same time . The Commission therefore
had to prohibit the proposed concentration in order to
ensure the maintenance of effective competition within
the common market for the benefit of customers and the

competitiveness of the Community commuter industry as
a whole .

Subject : Acquisition of foreign companies (') OJ No L 395, 30 . 12 . 1989 .

The stance adopted by the Commission in connection
with the recent de Havilland affair has caused

considerable surprise in certain economic circles .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 23

WRITTEN QUESTION No 2808 / 91

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

( 5 December 1 991 )

( 92 / C 168 / 40 )

Subject : Ecological disaster in the Maranhão reservoir

( Portugal )

More than a thousand tonnes of fish died in Maranhao
reservoir ( Alentejo, Portugal ) when the reservoir was
emptied for repairs to the sluice-gates and a clean-up
operation .

The Portuguese authorities responsible for emptying the

reservoir have now begun to incinerate and bury the dead
fish which were rotting on the reservoir bed, but the fish
are being buried in shallow ditches in the reservoir valley
and the operation is not being carried out with the
necessary speed .

The water in the reservoir has been badly polluted by the

rotting fish, owing to the long delay in removing them,
and hundreds of poisoned shoals are continuing to die .

The local authorities ( in Avis council ) have warned

inhabitants of the threat to public health posed by the
consumption of water and fish from the reservoir and the
possible pollution of wells and springs resulting from
polluted ground water .

Is the Commission aware of this ecological disaster,
which is posing a significant threat to fauna and flora ?
What measures does it intend to take ?

Were the Portuguese authorities responsible for the
project not obliged to carry out a preliminary assessment
of the likely environmental impact of emptying the
reservoir ?

In the face of this disaster, what action should the
responsible public authorities take, in the Commission 's
view, in order to minimize the negative impact on the
region 's economic activity and the threat to public health ?

WRITTEN QUESTION No 2886 / 91

by Mrs Maria Santos ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 168 / 41 )

Subject : Ecological disaster at the Maranhão Dam in Avis

—
Portugal

The Maranhao Dam in Avis contains one of the largest

reservoirs in Portugal with a capacity of about 205 million
cubic metres .

The reservoir was recently emptied in order to carry out

repairs .

No environmental impact study was carried out prior to
this operation which received Community funding, and
the result was an unmitigated ecological disaster and
about 800 tonnes of dead fish .

Serious public health problems and a further
environmental deterioration of this area are expected to
result from the decaying fish .

Why did the Community not demand that an
environmental impact study be carried out prior to the
abovementioned operations ?

Joint answer to Written Questions Nos 2808 / 91

and 2886 / 91
given by Mr Ripa di Meana
on behalf of the Commission

(8 April 1992 )

The Commission is already aware of the problems as the
result of a complaint .

The work on the Maranhao reservoir mentioned by the

Honourable Members is covered by Annex II ( point 10F )
to Directive 85 / 337 / EEC ('), which lists the projects
requiring an impact assessment study if they are likely to
have major environmental consequences .

The Commission will request more detailed information

from the Portuguese authorities with regard to the
authorization of this work without prior environmental
assessment as part of the procedure commenced following
the complaint .

o OJNoL 175, 5 . 7 . 1985 .

WRITTEN QUESTION No 2831 / 91

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

( 5 December 1 991 )

( 92 / C 168 / 42 )

Subject : Implementation of the Interreg programme

The Community 's Interreg programme ( Regulations Nos

4254 / 88 / EEC O, 4255 / 88 / EEC ( 2 ), and 4256 / 88 /
EEC ( 3 )) provides for cross-frontier measures in various
areas ( territorial, economic and social ).

Assistance will be managed by the regions and other local

authorities of the two neighbouring States, which will
therefore have to collaborate on administrative matters .

1 . Does the Commission believe that this can take place

normally and efficiently on the basis solely of the
Regulations referred to above and the ordinary laws
which govern local authorities ?

No C 168 / 24 Official Journal of the European Communities 4 . 7 . 92

2 . Does it not believe, on the contrary, that advantage
should be taken of international conventions such as
the European Convention on Transfrontier
Cooperation between Territorial Communities or
Authorities, which was adopted in Madrid on 21 May

1980 ?

3 . If so, in view of the fact that such a convention has not
been concluded between France and Italy, does it
propose to approach the two governments concerned
in order to press them to sign the outline convention,
which would facilitate not only implementation of the
Interreg programme, but also other initiatives
involving the provinces of Torino, Cuneo and Imperia
and the neighbouring French departments ?

Answer given by Mr Marin
on behalf of the Commission

(1 April 1992 )

Council Regulation ( EEC ) No 3094 / 86 does not lay
down a minimum size for landings of edible crab . While
regretting that its proposal to introduce a minimum
biological landing size for edible crab was not accepted by
the Council, the Commission does not at this time intend
proposing any new amendment .

o OJ No L 374, 31 . 12 . 1988, p . 15 .
OO OJ OJ No No L L 374 374,, 31 31 . . 12 12 . . 1988 1988,, p p .. 21 25 . . WRITTEN QUESTION No 2860 / 91

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

( 5 December 1 991 )

Answer given by Mr Millan
on behalf of the Commission

( 23 March 1992 )

There are already many effective transfrontier bodies

operating within the Member States ' ordinary legal
frameworks, and the Commission is satisfied that these
frameworks can provide a sufficient basis for the
satisfactory implementation of the Interreg initiative .

It is for each Member State to decide on the adoption of
the Madrid Outline Convention, in light of its own
particular legal traditions and circumstances .

However, the Commission has recently commissioned a
study of the legal and institutional obstacles which stands
in the way of the more effective implementation of the
Madrid Outline Convention . A further more detailed
technical study is also planned .

WRITTEN QUESTION No 2845 / 91

by Mr Peter Cramp ton ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 168 / 43 )

Subject : Fisheries : Minimum crab landing size

The meeting of the Fisheries Ministers in October
endorsed a proposal to establish a minimum crab landing
size of 1 15 mm .

Does the Commission have any plans to introduce a
higher limit — possibly 125 mm ?

( 92 / C 168 / 44 )

Subject : Rural development

Given that the Community funding provided under the
' Leader ' initiative will be inadequate to cover all of the
interested groups in the Objective 1 and Objective 5(b )
regions, will the Commission consider proposing further
initiatives or programmes to promote the development of
the rural economy, particularly in these regions ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(3 March 1992 )

In the context of Structural Fund operations in favour of
rural development, the Community initiative Leader has
already had great success in mobilising local groups in
rural areas : in total, more than 300 submissions were
received by the Commission . Since the requests
considerably exceeded the volume of finance available, a
rigorous selection procedure has nevertheless been
necessary in order to ensure that the groups benefitting
under Leader dispose of sufficient resources to implement
their business plans .

It should be remembered that the development of the
rural economy in areas covered by Objectives 1 and 5b, as
well as in the new German Lander, is primarily supported
by actions under the Community Support Framework :
rural development is a priority axis in all CSFs under
Objective 1 and is the basic purpose of Objective 5b . In
addition, rural areas benefit from the agricultural
measures available under Objective 5a, and from the
whole range of Community policies affecting rural areas .
It is estimated that the contribution of the three Structural
Funds to operations linked to rural development under all
Objectives amounts to some ECU 17 billion ( of which

4.7.92 Official Journal of the European Communities

over ECU 10 billion is for the Objective 1 regions ) for the
period 1989 to 1993 .

This effort in support of rural development should be

consolidated and reinforced during the next phase of the
Community 's structural policies . It will be directed
towards all rural areas of the Community but will be
concentrated where the needs are greatest and the
capacity to contribute at the national level is weakest . In
addition, the accompanying measures proposed within
the CAP reform ( the agri-environmental, forestry and
early retirement schemes ) should make a significant
contribution to overall rural development .

WRITTEN QUESTION No 2873 / 91

by Mr John Bird ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 168 / 45 )

Subject : EC nationals teaching in French schools

Is the Commission aware that the French Government
still refuses to recognize the qualifications of EC
nationals teaching in French State schools and colleges ?
Consequently, the 8 000 British teachers currently
working in France are denied the same salary levels and

conditions of employment, enjoyed by their French

counterparts .

What steps has the Commission taken to address the
breach of both the letter, and the spirit, of the text already
adopted to create the Single European Market ?

Answer given by Mr Bangemann

on behalf of the Commission

(9 April 1992 )

On account of its general nature, Council Directive
89 / 48 / EEC of 21 December 1988 on a general system for
the recognition of higher-education diplomas awarded on
completion of professional education and training of at
least three years ' duration (') can apply to teachers,
including those in the state system and irrespective of the
subjects concerned . However, it does not prevent a
Member State from requiring community nationals as
well as its own nationals to sit a recruitment examination
based on tests and designed to select the best-qualified
individuals in an objective manner .

Even so, the information provided by the Honourable
Member is too general for it to be concluded that France
is committing an infringement .

The Commission is, of course, willing to investigate the

matter with the French authorities if precise details are
provided .

(') OJ No L 19, 24 . 1 . 1989 .

WRITTEN QUESTION No 2891 / 91

by Mrs Christine Oddy ( S )
to the Commission of the European Communities

( 5 December 1 991 )

( 92 / C 168 / 46 )

Subject : Apartment complex in Tenerife

Is the Commission aware that about 170 people, including
one of my constituents, have purchased an apartment
complex in Tenerife, that the developer changed all locks
so that they were unable to take up ownership, that a
company called Tessasol is acting as agent for the
developer and letting the properties to Cosmos Tours and
they owe £ 1,5 million to a Spanish Bank which is
threatening to foreclose ?

What action does the Commission intend to take to

resolve this situation ?

Answer given by Mr Van Miert

on behalf of the Commission

( 26 March 1992 )

The Commission does not possess any information about

the facts reported by the Honourable Member . It is sorry
to hear what has happened to the people concerned but
has no powers to intervene in a matter which concerns a
purely commercial relationship between private persons .

Furthermore, the Commission wishes to underline the
fact that at the moment there is no Community legislation
under which measures could be taken to avoid situations
such as those described by the Honourable Member .

WRITTEN QUESTION No 2910 / 91

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

( 9 December 1 991 )

( 92 / C 168 / 47 )

Subject : Monitoring the Social Fund

Can the Commission explain how it monitors the money
spent on the Social Fund and whether it receives the

f

NoC 168 / 26 Official Journal of the European Communities 4 . 7 . 92

necessary information from the Member States ? In
particular, how does it monitor the proportion spent on
schemes designed to integrate women into working life ?

Answer given by Mrs Papandreou

on behalf of the Commission

(6 April 1992 )

The Commission has at its disposal the means defined
in Article 25 of Regulation 4253 / 88 / EEC (') for the
monitoring and assessment of operations financed by the
structural Funds, which provide it with the information
needed to monitor the use made of Community funds .

Monitoring committees set up in partnership with the
Member States for each Community support framework
and for the different forms of Community assistance
make it possible to collect exact information on the
application of the operational decisions . This covers not
only the actual implementation of the operation but also
the monitoring of the financial execution of the budget
provided . These committees have a degree of
decision-making autonomy to direct the management of
the operations in progress .

In addition, the Regulation requires the authority
designated by the Member States to send the Commission
a progress report each year on the operations financed by
the structural Funds .

Furthermore, the Commission may carry out on-the-spot
checks pursuant to Article 8 of Regulation 4255 / 88 /
EEC ('). In 1991, ESF staff carried out 77 inspection
missions involving 164 national bodies and covering
total expenditure ( Community and Member State
contributions combined ) of ECU 360 million .

The monitoring of expenditure on operations on behalf
of women is the same as for other ESF operations .

O OJNoL 374, 31 . 12 . 1988 .

What is the reason for this omission ? Is it in any way
related to the sharp rise in unemployment in Greece over
the last 18 months, which the Greek Government wishes
to conceal ?

Answer given by Mr Christophersen

on behalf of the Commission

( 15 April 1992 )

The Commission publishes each month in the Eurostat

unemployment report figures which are based on the ILO
definition and allow a comparison to be made of
unemployment levels in Member States .

In the case of Greece, however, such estimates can be
compiled only annually when the results of the
Community labour force survey are available since there
are no indicators of the short-term trend for that country .

The Greek system for registering with employment

offices and the underlying system of benefits differ
markedly from those of the othember States and do not
reflect the true level of unemployment in that country,
which has a very unusual employment structure ( only

51% of the labour force are employees ). Only 10% of
Greek unemployed persons identified according to the
ILO definition are registered with employment offices,
compared with an average of 77 % for the Community .

However, an indication of the number of registered
unemployed is given in the monthly Eurostat
unemployment report .

The absence of Greek statistics in Commission
publications, therefore, stems solely from reasons to do
with the comparability of statistics and methodology .

WRITTEN QUESTION No 2995 / 91

by Mrs Anna Mcintosh ( ED )
to the Commission of the European Communities

( 13 January 1992 )

WRITTEN QUESTION No 2925 / 91
( 92 / C 168 / 49 )

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

( 9 December 1 991 )

( 92 / C 168 / 48 )

Subject : Delay in publishing unemployment figures for

Greece

In recent months unemployment figures have been
published for all the Member States apart from Greece .

Subject : Protection of ethnic minorities

Will the Commission examine allegations of
discrimination in certain Member States against British
nationals from ethnic minorities ?

Does the Commission agree that such cases are
fundamental breaches of Article 7 of the Treaty and of
the principle of free movement of workers ?

4 . 7 . 92 Official Journal of the European Communities NoC 168 / 27

Answer given by Mrs Papandreou

on behalf of the Commission

(6 April 1992 )

The Commission has no knowledge of the facts referred

to by the Honourable Member . _

However, it is prepared to consider any complaint about
discrimination suffered by British nationals in
contravention of the principle of freedom of movement of
workers .

The provisions of the EEC Treaty apply to them in full

regardless of whether they belong to an ethnic minority,
provided they satisfy the definition of British citizen
which the United Kingdom has had written into the
Treaty .

WRITTEN QUESTION No 3003 / 91

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

( 13 January 1992 )

( 92 / C 168 / 50 )

Subject : EC imports of Chinese cashmere

Can the Commission confirm that with respect to imports
of cashmere from China — in 1990 with a quota of 94 000
pieces — the actual import level was 239 000 pieces ?

If these figures are in doubt will the Commission indicate
the levels of import of cashmere garments having Chinese
origin they have documented and will the Commission
indicate what steps they have taken and intend to take in
order to resolve this breach of import quota ?

Answer given by Mr Andriessen

on behalf of the Commission

( 18 February 1992 )

The quantitative sub-limit of 94 000 pieces established in
the EEC-China Agreement applies for some products of
category 5, made of fine animal hair ( including
cashmere ), covered by Combined Nomenclature codes
6110 10 39 and 6110 10 99 . It appears that the total
imports under these codes in 1990 were 238 718 pieces,
but no specific figure is available for products of category
5 made out of cashmere only . The Commission is
presently trying to identify the actual composition of
imports .

In the meantime, the Commission is exploring with the
representatives of the Member States the technical means
which could allow an efficient monitoring of the imports

of the fine animal hair products in question, in order to
avoid any breach of the abovementioned sub-limit . The
opportunity of introducing a specific statistical line for
cashmere products only is also being considered .

WRITTEN QUESTION No 3004 / 91
by Mr Gerardo Fernandez-Albor ( PPE )
to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 168 / 51 )

Subject : Possible repercussions of European integration

on the poorest regions

The belief held by Community experts that one of the
basic problems for European integration is regional
development and that by increasing the effectiveness of
economies of scale, integration will speed up processes of
concentration — benefiting the most advanced regions to
the detriment of the least developed ones — is naturally
giving rise to alarm among the latter .

One solution to this imbalance would be the policy of
economic and social cohesion for which Spain has argued
within the European Community, so far with limited

success .

What is the Commission 's view on the matter —
particularly bearing in mind the opinions voiced by
experts — and how does it explain the limited success of
the Spanish initiative, which should by appropriately
complemented by investment in communication and
transport infrastructure to facilitate the involvement of
the more backward regions in the European venture ?

Answer given by Mr Christophersen

on behalf of the Commission

( 23 March 1992 )

Following the Single Act, the objective of economic and
social cohesion, which is essential to the smooth
operation of the Single Market, is at the centre of the
Commission 's priorities, both for its structural policies,
including regional policies, and in other fields .

In the wake of the Maastricht European Council, the
Commission adopted the Delors II package ('). The
changes which this proposes reflect the Commission 's
option for a strengthening of the structural policies as
they result from the 1988 reform .

Furthermore, the Commission has undertaken to set up
by 31 December 1993 a Cohesion Fund, one of whose
tasks would be to assist the least developed Member

NoC 168 / 28 Official Journal of the European Communities 4 . 7 . 92

States, including Spain, through contributions to the in the sense of standardized levels and forms of benefits
environment and trans-European Transport networks . or financing methods is not an objective of the

Commission .

o COM(92 ) 2000 .

(') COM(91 ) 301 final .

WRITTEN QUESTION No 3010 / 91
by Mr Victor Manuel Arbeloa Muru ( S )
to the Commission of the European Communities

WRITTEN QUESTION No 3025 / 91

by Mr Frédéric Rosmini ( S )

( 13 January 1992 ) to the Commission of the European Communities

( 92 / C 168 / 52 ) ( 13 January 1992 )

( 92 / C 168 / 53 )

Subject : Liberalization of investment funds

Subject : Shipbuilding industry : La Ciotatyard

Does the Commission believe that the removal of
obstacles limiting freedom of management and
investment in respect of pension funds, as proposed in a
recent directive, can be seen as a first step towards a
Community system of pension schemes ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 16 March 1992 )

The proposal for a Council Directive relating to the
freedom of management and investment of funds held by
institutions for retirement provision (') presented by the
Commission in November 1991 aims to provide greater
precision as to the application of fundamental Treaty
principles to institutions for retirement provision . The
underlying principles are the freedom to provide services
and the movement of capital .

As regards the first freedom, the proposal specifies that

institutions for retirement provision shall be free to accept
investment management and custody services from
providers which are established in other Member States
and are duly authorized to offer their services .

Other provisions of the proposal will ensure that
institutions for retirement provision can completely enjoy
the freedom of movement of capital, whilst at the same
time allowing Member States to maintain or impose
investment restrictions for the assets held by such
institutions insofar as the restrictions are necessary and
proportionate to the objective of protecting the rights of
the members of such institutions .

The Commission has explicitly stated in its proposal that
it has no intention of altering at Community level the
balance between the different components of the overall
structure of retirement provisions which varies
considerably between Member States . In particular, the
different levels and forms of statutory social security
retirement benefits as . determining factors of
supplementary retirement schemes are acknowledged .
The creation of a Community system of pension schemes

In view of the pronounced upturn in world shipbuilding
activity does the Commission intend to take into account
this recent market trend in favour of shipyards which, like
the la Ciotatyard, have achieved high technological levels
and internationally recognized skills in building„modern
vessels and oil tankers in particular ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 10 April 1992 )

While it is true that there has been a pronounced upturn in
world shipbuilding activity since 1989, this has resulted
only in existing productive capacities being brought back
on stream without, however, being fully utilized .
Shipyards in the Community have benefited from this
upturn since they are now more competitive particularly
in the wake of the restructuring carried out in accordance
with the sixth and seventh Council Directives . There is
still a precarious balance between supply and demand,
and the creation of any new capacity might prove
detrimental to the efforts made in recent years . As the
Honourable Member is aware, the La Ciotat yard was
wound up by a decision of the Paris Commercial Court .

The definitive closure of the yard was accompanied by
substantial aid from the French Government which was,
however, subject to the rules set out in the sixth Directive
on aid to shipbuilding, which stipulates in Article 7 that
such aid is compatible with the common market provided
that the capacity reduction resulting from such aid is of a
genuine and irreversible nature . The Commission 's policy
on the reopening of shipyards that have received aid in
connection with their closure is spelt out in Article 7 of
the seventh Directive ( 90 / 684 / EEC ), which states that
such yards must remain closed for a period of not less
than five years . After a period of five years but before the
tenth anniversary of the closure, any Member State
wishing to reopen such a yard must obtain the
Commission 's prior approval . The present market
situation does not suggest that such approval would be
given .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 29

Moreover, while the La Ciotat yard had acquired an
international reputation, this was in the 1970s and the
early 1980s . With the technological progress that has since
been made, this yard would need substantial investment
for it to become competitive again on the world market .

WRITTEN QUESTION No 3030 / 91

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

( 13 January 1992 )

( 92 / C 168 / 54 )

Subject : Protecting the ' Valley of the Butterflies ', Rhodes

The Valley of the Butterflies on the Greek island of

Rhodes is facing ecological disaster . Expert opinion
blames the threat entirely on the wild goats which graze
throughout the valley and are eating the vegetation . The
experts maintain that if immediate action is not taken to
remove the wild goats from the valley, the butterflies will
disappear from the area . Will the Commission take action
to prevent this ecological disaster to the famous Valley of
the Butterflies ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 10 April 1992 )

The Commission, aware of the importance of the Valley

of Butterflies on Rhodes, has included in Annex I to the
Directive on the ' conservation of natural habitats and
wild flora and fauna ' the species Callimorpha
Quadripunctata, which will have to be protected in special
conservation areas . However, the Directive has not yet
been adopted . At present it is incumbent upon the
Member States to take appropriate measures to protect
endangered species or habitats on their territory .

WRITTEN QUESTION No 3063 / 91

by Mr Filippos Pierros ( PPE )
to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 168 / 55 )

Subject : Take up rate of appropriations under the Stride

Hellas Multi-Fund Operational Enterprise
Programme

The Stride Hellas Multi-Fund Operational Programme is

of great importance for the modernization of research
and technological structures in Greece . A relatively
reliable indicator of progress made by the programme is

provided by the take up rate of the funds provided . What
specific information can the Commission provide
concerning the take-up rates and what is its assessment of
the situation thus revealed ?

Answer given by Mr Millan
on behalf of the Commission

(9 April 1992 )

The Stride operational programme for Greece was
adopted by the Commission on 25 July 1991 . In parallel,
an open call for proposals was made by the Greek
authorities . Assessment and selection of projects
proceeded subsequently in cooperation with the
Commission services concerned . This process was not
completed by the end of the year and, therefore, no
absorption is recorded for 1991 .

However, following the first meetings of the
Programme 's Monitoring Committee in December 1991
and January 1992, projects are now selected and prospects
are good for rapid absorption of credits in 1992 .

WRITTEN QUESTION No 3070 / 91

by Mr Mark Killilea ( RDE )
to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 168 / 56 )

Subject : School milk

Can the Commission give details of the up-take in each of
the Member States of school milk ( Budget line Bl-2061 ),
and is it satsified with the handling of the scheme and
does the Commission believe there is scope for further
expansion of the scheme ?

Answer given by Mr Mac Sharry

on behalf of the Commission

(9 March 1992 )

The table below sets out the information on the quantities

of milk products which have been the subject of
Community assistance under Regulation ( EEC ) No
2167 / 83 O on the supply of milk and certain milk
products to schoolchildren . The Commission has no
particular comments to make on the implementation of
the aid scheme in the Member States . The Commission
believes that the measure is generally implemented in a
correct and efficient manner .

As the level of take-up is very different from one Member

State to another, an increase in the quantities of milk
products supplied in the coming years cannot be ruled

out .

No C 168 / 30 Official Journal of the European Communities 4 . 7 . 92

Quantities of milk products supplied

( 1990 / 91 school year, in tonnes )

of which :

Member State Total quantity

semi-skimmed
whole milk butter-milk cheese

milk

Belgium 23 922 11 116 7 8G6 — —

Denmark 22 598 3 714 16617 1 825 442

Germany 124 261 110 306 13 617 244 94

Greece 55 42 — — 13

Spain 42 724 35 156 2 542 — 5 026

France 22 710 10 753 8 867 — 3 090

Ireland 6 884 6 884 — — —

Italy 8 302 6 080 812 — 1 410

Luxembourg 7 695 406 7 289 — —

Netherlands 18 263 5 780 11 926 557 —

Portugal 22 776 — 22 776 — —

UK 92 399 80 480 7 679 4 4 236

o OJ No L 206, 30 . 7 . 1983 .

QUESTION No 3071 / 91 such measures lies with Member States . Community

Fitzgerald ( RDE ) legislation, and in particular Regulation ( EEC ) No

2241 / 87 imposes a general duty on Member States to

of the European Communities enforce Community conservation and control measures

13 January 1992 ) and to take proceedings against breaches of the rules .

( 92 / C 168 / 57 )

WRITTEN QUESTION No 3071 / 91

by Mr Gene Fitzgerald ( RDE )
to the Commission of the European Communities

( 13 January 1992 )

Subject : Fisheries

The main means by which Community rules are enforced

is through the inspection of fishing activities which is

Will the Commission provide details of all known arrests carried out by the inspection authorities of Member
of Member State fishing vessels in Community or national States . In accordance with Regulation ( EEC ) No
waters since 1989 and will the Commission also detail the 3561 / 85, Member States are obliged to provide the
type of legal penalties imposed by the respective national Commission with information on their inspection
authorities ? activities and on the action taken with regard to any

violations of conservation and control measures .
However, as infringements of Community conservation
and control measures do not necessarily lead to the arrest
of fishing vessels it is not possible to give a precise figure
of the number of arrests of Member States fishing vessels
Answer given by Mr Marin since 1989 .
on behalf of the Commission

( 18 March 1992 )

Although competence to adopt fishery conservation and
control measures lies primarily with the Community, the
responsibility to enforce and penalise the infringement of

With regard to the type of legal penalties imposed by
national authorities, the level of fine varies from Member
State to Member State as the table below indicates .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 31

Maximum fine imposed by national authorities for breach of national fisheries legislation ( amount

in Ecu ) O

United

Kingdom

Portugal

O

Germany O Spain France Ireland lands Nether (') ­

Nature of offence Belgium

Den ­

mark ( 2 )

Failure to cooperate with
fishery inspectors 75 664 3 167 78 493 71 642 130 141 7 168

Infringement of
provisions concerning
logbook landing
declaration and
transhipment 75 664 3 167 72 963 78 493 716 130 141 10 792 1 393 2 867

Illegal fishing
( observe of quota ) 75 664 30% 72 963 31 397 71 642 130 141 10 792 11 145 71 679

Illegal fishing
( observe of licence ) 75 664 30% 72 963 31 397 71 642 130 141 10 792 27 860 71 679

Fishing with illegal
engine capacity 75 664 30% 72 963 31 397 21 493 130 141 10 792 11 145 7 168

Detention of under
sized fish 75 664 30% 72 963 31 39 7 21 493 130 141 10 792 3 344 2 867

(') Value of national currency in Ecu ( June 1991 ).
O The level of the fine is determined by the gravity of the offence and is based on value of the catch .
( 3 ) Penalty proscribed by penal code : Portugal — imprisonment up to one year plus a fine equal to 30 days

salary . Germany — fine of up to Ecu 25 000 . Netherlands — fine of up to Ecu 2 500 and / or
imprisonment up to three months .

WRITTEN QUESTION No 3079 / 91

by Mr Florus Wijsenbeek ( LDR )
to the Commission of the European Communities

( 13 January 1992 )

( 92 / C 168 / 58 )

Subject : Strikes by the Italian veterinary service

Is the Commission aware of the industrial action by the
veterinary service on 8 November 1991 at Aosta on the
Italian border, on which occasion it was stated that checks
and inspections would be carried out only during the
morning . Moreover, all-out strikes were called on 19 and
20 November .

As a result, exporters of live animals to Italy were

seriously inconvenienced .

Will the Commission call on the Italian Government
without delay to prohibit such action in the future and, if

necessary, will it adopt measures to guarantee free trade ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 21 May 1992 )

The Honourable Member is invited to refer to the

Commission 's answer to Written Questions Nos 1602 / 91
and 1673 / 91 by Mrs Muscardini and Mr Lauga (').

O OJ No C 162, 29 . 6 . 1992, p. 9 .

WRITTEN QUESTION No 3093 / 91

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

( 13 January 1992 )

( 92 / C 168 / 59 )

Subject : Review of Community initiatives

Now that we are halfway through the period laying down
the reform of the Structural Funds, what is the
Commission 's assessment of the Community initiatives ?

What steps does the Commission intend to take to
develop this process which appears to have the support of

No C 168 / 32 Official Journal of the European Communities 4 . 7 . 92

many regions ? What lessons has the Commission learnt
from its experience which might be applied in future ?

Answer given by Mr Christophersen

on behalf of the Commission

( 20 March 1992 )

The Commission is currently studying the adjustments

that should be made to the reform of the Structural Funds
after 1993 in the light of the guidelines set out in the
Delors II Package ( 1 ).

ecologically-acceptable criteria for the service sector . This
is generally a less objective task than establishing
acceptable maximum values for substances present in
products, in order for them to qualify for an eco-label .

Even without specific reference ourist sites, the
Commission is aware that in some Members States the
ecological labelling of tourist services is already being
piloted . ' Criteria catalogues ' have been drawn up for
awarding eco-labels in the hotel sector, to tour operators
and tourist reception areas . The Commission is currently
monitoring the progress of such schemes in order to get a
better idea of the criteria which have been adopted .

In this regard, the Commission shares the view of some of With reference in particular to the suggestion of the
the Member States that the number of Community Honourable Member to award a ' green label ' to tourist
initiatives was probably too great in this initial phase and sites, such a proposition could be considered within the
has come out in favour of strengthening them by framework of the Community 's Action Plan to assist
providing them with a substantial reserve from the Tourism (') which proposes the awarding of prices at
appropriations for structural policies and reducing their Community level . Either a system of eco-labelling or the
number to several priority subject-areas, thereby awarding of Community prizes could be extended to
guaranteeing effectiveness . Furthermore better concentration, implementation and of greater the include such sites in future .
initiatives should be made compatible with that of all O COM(91 ) 97 final .
other structural assistance decided after 1993 .

o COM(92 ) 2000 .

WRITTEN QUESTION No 3144 / 91

WRITTEN QUESTION No 3094 / 91 by Mr José Alvarez De Paz ( S )

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

( 13 January 1992 )

( 92 / C 168 / 60 )

Subject : Award of an ' Eco-label ' to tourist areas

The Commission of the European Communities has
forwarded a proposal to the European Parliament for a
Community award scheme for an Eco-label aimed at
promoting the design, manufacture, marketing and use of
ecological products ( report by Mrs Roth-Behrendt ). This
' Eco-label ' will no doubt prove to be very popular with
European consumers . Why not go further and treat
tourists as consumers, thereby granting an ' Eco-label ' for
tourist areas in which the environment is genuinely
protected ?

This initiative would be particularly welcome in areas
which are most affected by the reform of the common

agricultural policy .

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 13 April 1992 )

With reference to the proposal for a Community
eco-labelling scheme for products, it must be remembered
that the ' eco-labelling ' of services is considerably more
complex, due mainly to the difficulty in establishing

to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 168 / 61 )

Subject : Reduction of the ECSC levy rate

In view of the Commission 's proposal for a further
reduction of the levy which constitutes the ECSC 's only
tax, does it believe that this reduction is compatible with
the huge financial demands which the EEC is currently
facing ?

Answer given by Mr Schmidhuber

on behalf of the Commission

(1 April 1992 )

The ECSC levy is determined annually in the light of

financing needs under the Treaty of Paris . The
Commission considers that, for 1992, the rate of 0,27%
fixed in accordance with the wishes of Parliament on 1 8
December 1991 ( following the proposal in the draft
budget for a rate of 0,28 % ) offers a valid basis for meeting
the needs of this Community for the present year .

The financing needs of the EEC are quite independent
from those of the ECSC .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 33

WRITTEN QUESTION No 3146 / 91

by Sir Christopher Prout ( ED )
to the Commission of the European Communities

( 24 January 1992 )

( 92 / C 168 / 62 )

Subject : EC anti-dumping procedure

1 . In its recent judgment in Case C-49 / 88, Al-Jubail
Fertilizer Company, the Court of Justice of the European
Communities said ' as they stand at present, the EC
anti-dumping rules do not provide all the procedural
guarantees for the protection of the individual which may
exist in certain national systems '.

2 . What amendments to existing legislation ( e.g.
Council Regulation ( EEC ) No 2423 / 88 (')) does the
Commission intend to propose in order to meet the
criticism of the present anti-dumping rules made by the
Court ?

3 . What other steps does the Commission intend to
take to ensure that the requirements stemming from the
right to a fair hearing are ' observed not only in the course
of proceedings which may result in the imposition of
penalties, but also in investigative proceedings prior to the
adoption of anti-dumping regulations which, despite their
general scope, may directly and individually affect the
undertakings concerned and entail adverse consequences
for them '?

4 . Will the Commission undertake to consult the
European Parliament on any proposals that it may make
in the context of anti-dumping procedure ?

To meet these requirements, the Commission, in every

anti-dumping investigation, performs a duty to provide
interested parties with all information which is relevant to
the defence of their interests andch is relied upon by the
Commission in making its decision . All such parties are
placed in a position during the administrative procedure
in which they can effectively make known their views on
the correctness and relevance of the facts and
circumstances established, and on the evidence presented
by the Commission in support of its finding concerning
the existence of dumping and resultant injury .

Indeed, in the above proceeding, the Court did not find
that the Commission had not respected these principles
but merely found that the Community Institutions could
not prove that the relevant information had been provided
to the applicants .

The Commission has, therefore, made appropriate
modifications to its administrative procedures in
anti-dumping investigations in order that such proof will
always be available in future cases . Since these procedures
were based on the existing legislation and fundamental
principles of Community law, the Commission sees no
need to amend the present provisions in the Community 's
anti-dumping legislation on due process in particular
when this issue is a major subject in the Uruguay Round
negotiations .

WRITTEN QUESTION No 3151 / 91

by Mr Gerhard Schmid ( S )
to the Commission of the European Communities

O OJ No L 209, 2 . 8 . 1988, p. 1 .
( 24 January 1992 )

Answer given by Mr Andnessen

on behalf of the Commission

(9 March 1992 )

The Commission is fully cognisant of the Court of Justice
judgment in Case C-49 / 88, Al Jubail Fertilizer Company,
in which it was held that it is necessary, since fundamental
rights form an integral part of the general principles of
law, that account be taken, when interpreting Article 7(4 )
of the basic anti-dumping Regulation, of the
requirements stemming from the right to a fair hearing .

The Court added that those requirements must be
observed not only in the course of proceedings which may
result in the imposition of penalties, but also in
investigative proceedings prior to the adoption of
anti-dumping regulations which, despite their general
scope, may directly and individually affect the
undertakings concerned and entail adverse consequences
for them .

( 92 / C 168 / 63 )

Subject : Use of non-harmful driftnets in fishing

The American firm ' NETS System ' has developed a

driftnet which achieves a clear reduction in unwanted
' by-catches '. The trade magazine ' World Fishing '
( No 6 / 1991 ) reports that this new type of net has a rigid,
wide-meshed grid which rests on the seabed, instead of
the usual netting . Young fish and seabed creatures can
thus escape from the net through the grid . Further
improvements to the extremity of the neet, where the
catch accumulates, can also help to bring about
considerable reductions in the by-catch .

1 . Has the Commission already gathered information

about this new type of net, and what is its assessment
of the net ?

2 . It has so far proved impossible to prohibit all driftnet

fishing within the Community . Would it not be a good
idea at least to make the use of such non-harmful
driftnets in EC waters compulsory ?

NoC 168 / 34 Official Journal of the European Communities 4 . 7 . 92

Answer given by Mr Marin
on behalf of the Commission

( 26 March 1992 )

The development and introduction of trawler
net-attachments designed to minimize unwanted catches,
which in turn will be discarded, are undergoing constant
evolution and experiment, taking into account the
different requirements of fishing gear as well as the
different combinations of fish species in each fishery .

The Commission knows the NETS system and agrees that
it is capable of reducing by-catches in fisheries where it
has been developed and tested, that is to say in the North
Pacific fishing areas .

The Commission does not believe that such a metal-grid
system could be applied to gill-nets, as the Honourable
Member proposes, since it was designed for bottom
trawls .

The Commission has in fact already introduced into

Community legislation the possibility of using selective
driftnets (*) and, more recently, square-meshed sections
in bottom trawls . These two facilities have been designed
for and tested in Community fisheries and should
contribute to reducing the problem of discards .

O OJ No L 389, 30 . 12 . 1989 .

laid down by law, regulation or administrative action in
Member States concerning the pursuit of television
broadcasting activities, entrusted the Commission with
the task of monitoring the achievement of the objectives
contained in Article 4 and 5 of the Directive, according to
a procedure laid down in Article 4 paragraph 3 . It is up to
the Member States as from 1993 onwards, to provide
statements on the achievement of the proportions in
Article 4 and 5, the reasons in each case for the failure to
attain these proportions, and the measure adopted or
envisaged in order to achieve them .

The Commission will transmit these reports to the

Member States and the European Parliament
accompanied, where appropriate, by an opinion .

With a view to facilitate the establishment and ensure the
comparability of future reports by Member States, the
Commission has engaged a study on practical
methodology .

Amongst other things, this study will give a first
indication on the achievement, by each of the
broadcasters in the Member States, of the targets on
European works and works created by producers who are
independent of broadcasters in 1988, or 1990 in the case
of Greece and Portugal .

WRITTEN QUESTION No 3170 / 91

by Mrs Ana Miranda De Lage ( S )
to the Commission of the European Communities

WRITTEN QUESTION No 3161 / 91 to the Commission of the European

by Mrs Mary Banotti ( PPE ) ( 24 January 1992 )

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

( 92 / C 168 / 65 )

( 24 January 1992 )

( 92 / C 168 / 64 ) Subject : EEC / Uruguay fisheries agreement

Subject : Television Without Frontiers Directive

How does the Commission monitor Member States '

application of Article 5 of the Television Without
Frontiers Directive 89 / 552 / EEC ('), which states that

10% of the programming should be for European works
created by producers independent from broadcasters ?

What countries have reached this target so far and how
does the Commission aim to ensure that Member States
reach this target in the future ?

o OJ No L 298, 17 . 10 . 1989, p. 23 .

Answer given by Mr Bangemann

on behalf of the Commission

( 16 March 1992 )

The Council, when adopting on 3 October 1989 Directive

89 / 552 / EEC, on the coordination of certain provisions

In October 1990 a Council Decision authorizing the
Commission to negotiate fisheries agreements with
Uruguay was adopted .

What was the outcome of these negotiations ?

Answer given by Mr Marin
on behalf of the Commission

( 18 March 1992 )

The Council approved negotiating directives for six Latin
American countries, including Uruguay in October 1990 .

The list of countries was completed by two further
countries, Venezuela and Ecuador, in 1991 .

In the case of Uruguay, negotiations are foreseen in the
coming months .

4.7.92 Official Journal of the European Communities NoC 168 / 35

WRITTEN QUESTION No 3174 / 91

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

( 24 January 1992 )

( 92 / C 168 / 66 )

Subject : The ' environmental audit '

Will participation in the suggested ' environmental audit '
scheme to be proposed soon by the Commission be
compulsory or voluntary ?

Answer given by Mr Bangemann

on behalf of the Commission

(2 April 1992 )

Although the activity of itinerant trader constitutes a
service, the provisions of the Treaty governing the free
movement of services apply only to those with a
transfrontier dimension . Since the problem raised by the
Honourable Member relates to a situation obtaining
within a Member State, it does not come within the

Commission 's jurisdiction .

If participation is to be compulsory, will financial or
technical assistance be available to those involved ? WRITTEN QUESTION No 3198 / 91

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

( 24 January 1992 )

Answer given by Mr Ripa di Meana ( 92 / C 168 / 68 )

on behalf of the Commission

( 12 March 1992 )

The Commission has recently adopted a proposal for a

Council Regulation permitting voluntary adhesion by
industrial companies to a Community Eco-Audit Scheme .

As the title of the proposal clearly states, participation to
this Scheme by companies would be voluntary . However,
the proposal provides for technical assistance activities,
both by Member States and by the Commission, to
promote and facilitate participation in the Scheme by
small and medium-size companies .

The aim of such activities will be to help disseminating,
through participation in the Eco-Audit Scheme, the best
environmental management practices, including
environmental auditing, among smaller companies .

WRITTEN QUESTION No 3190 / 91

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

( 24 January 1992 )

~ ( 92 / C 168 / 67 )

Subject : Itinerant traders

Itinerant traders selling trinkets and household linen are
in danger of disappearing if proposed legislation
concerning street-trading is adopted in Greece . Does the
Commission consider that steps should be taken to
preserve this traditional activity which is carried out by
various sectors of the population ?

Subject : Possible road transport restrictions imposed by

Germany

In a few years ' time, road hauliers from the Benelux
countries and Scandinavia with consignments for
southern Europe will be unable to load their
consignments onto trains in southern Germany but will be
forced to use the nearest rail terminal in their own
country . This is the result of a recent agreement between
the Austrian and German Ministers of Transport and was
announced by the German freight organization, the BDF .
It is not known when the Bonn Government will put these
plans into operation ( Nieuwsblad Transport of 21
November 1991 ).

1 . Is the information provided by the BDF correct and if
so what view does the Commission take of it ?

2 . Does the Commission not take the view that this is
incompatible with the principle of freedom of choice
for transporters ?

3 . Are such plans compatible with the provisions of the

T reaty of Rome ?

4 . Are they comnpatible with the recent transport

agreement concluded between the European
Community and Switzerland and Austria ?

5 . What steps does the Commission envisage taking ?

6 . Can the Commission clarify the situation without

delay in view of the far-reaching consequences such
plans would have for transport undertakings,
forwarding agents and railways in the Benelux
countries and Scandinavia ?

Answer given by Mr Van Miert

on behalf of the Commission

(1 April 1992 )

The Commission is unaware of the circumstances
described by the Honourable Member . It will ask the

No C 168 / 36 Official Journal of the European Communities 4 . 7 . 92

German authorities for information and pass on the
results as soon as possible .

complaints, protests and trouble are caused by
Community legislation, coupled with all the problems of
harmonizing widely varying national conditions of
employment .

Can the Commission state clearly what stage has been
reached in Community legislation on the nursing
profession, what the principal obstacles to its
WRITTEN QUESTION No 3235 / 91 harmonization throughout the Community are and what
proposals the nursing profession can expect ?
by Mr Victor Manuel Arbeloa Muru ( S )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 168 / 69 )

Subject : Recognition of qualifications

Is the recognition of foreign qualifications by an EEC
Member State dependent on a prior agreement concluded
by that State with another country ?

Answer given by Mr. Bangemann

on behalf of the Commission

( 10 April 1992 )

It is for the Member States to define their own national
arrangements for the recognition of third-country
diplomas .

Accordingly, they are not required under Community law
to make the recognition of diplomas awarded in a third
country conditional on a prior agreement being reached
with that country .

However, a whole series of bilateral conventions ( Council
of Europe and Unesco ) are in force in Member States and
provide for the recognition of diplomas as between the
Member States and many third countries .

WRITTEN QUESTION No 3243 / 91

by Mr Gerardo Fernandez-Albor ( PPE )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 168 / 70 )

Subject : Community legislation on the nursing profession

There is every indication that the nursing profession

throughout the Community is ' sick ' and nurses are
unhappy about the situation they find themselves in .
Certain sectors in the profession claim that the current

Answer given Mr Bangemann

on behalf of the Commission

( 10 April 1992 )

The discontent among nurses cannot be attributed to the
Community rules on the taking-up and pursuit of that
profession . Those rules are aimed at ensuring that
members of the profession are free to move within the
Single Market . To achieve this end, they simply
introduce, by means of Directives, a system for the
recognition of diplomas which, in some cases, is
combined with a minimum degree of harmonization of
the conditions regarding training or the pursuit of the
profession and aimed specifically at facilitating such
recognition by making it automatic . The Community
provisions, therefore, are not such as to prevent Member
States from taking any measures they might consider
appropriate to alleviate the discontent to which the
Honourable Member refers .

The rules on the recognition of diplomas currently in

force are as follows :

( a ) In the case of nurses responsible for general care,
mutual recognition of diplomas was introduced by
Directives 77 / 452 / EEC and 77 / 453 / EEC ('), as
subsequently amended ;

( b ) For nurses other than those responsible for general
care, there is provision for the recognition of
diplomas under the general system introduced by
Directive 89 / 428 / EEC ( 2 ) provided that the
diplomas in question meet the conditions for the
application of that Directive ;

( c ) if no Directive applies, a host Member State is
nonetheless required, by virtue of the case-law of the
Court of Justice ( 3 ) to take into consideration
diplomas awarded by other Member States .

This applies to pursuit of the profession either as

employees ( Article 48 of the EEC Treaty ) or as
self-employed persons ( Articles 52 and 59 of the
Treaty ).

Under that case-law, a Member State receiving a
request for authorization to carry on the profession
of nurse from a Community national already
authorized to pursue that profession in his or her
country of origin is obliged to examine the extent to

4 . 7 . 92 Official Journal of the European Communities No C 168 / 37

which the knowledge and qualifications certified by
the diploma obtained by the person concerned in his
or her country of origin correspond to those required
by the laws of the host Member State ; where there is
only partial equivalence of the diplomas, the national
authorities in question may require the person
concerned to prove that he or she has acquired the
knowledge and qualifications previously lacking .

All these provisions apply only where the diploma in

question is held by a Community national .

Moreover, the Commission is in the process of drawing
up other rules to facilitate further the free movement of
nurses . The rules are contained in :

( a ) a draft Directive which will introduce a system of
mutual recognition specifically for diplomas of
nurses specializing in, among other things,
psychiatric and paediatric care ; the Commission is
consulting experts from the Member States ;

( b ) a proposal for a Directive aimed at introducing a
second general system for the recognition of
professional education and training to supplement
Directive 89 / 48 / EEC ; this second general system
will apply to all diplomas not covered by Directive

89 / 48 / EEC or sectoral Directives such as Directives
77 / 452 / EEC and 77 / 453 / EEC on nurses responsible
for general care ; this proposal is being examined by
the Council ( fist reading ).

What action is the Commission taking, as part of its

Conservation of Fish Stocks strategy, to implement laws
to protect and increase sand eel stocks ?

Answer given by Mr Marin
on behalf of the Commission

( 18 March 1992 )

The Commission notes that sandeel constitutes an
important link in the marine food web . However, it has
not been scientifically demonstrated that stocks can cause
a depletion of stocks of larger fish .

The Commission proposes to the Council, for each year,

total allowable catches ( TAC 's ) for certain fish stocks and
groups of fish stocks . However, for the sandeel fishery in
Community waters no such restrictions are proposed
since, according to scientific advice there is no apparent
need for introducing management measures of this type .

The Commission continuously monitors the performance
of Member State 's inspection services specially in the
respect of Council Regulation ( EEC ) No 3094 / 86 (*),
laying down certain technical measures for the
conservation of fisheries resources .

(') OJ No L 288, 11 . 10 . 1986 .
O O Council OJ No L Directive 176, 15.7 of . 19 21 77 . 2 . . 1988 on a general system for the

recognition of higher-education diplomas awarded on
completion of professional education and training of at least
three year 's duration ( OJ No L 19,24 . 1 . 1989 ).
( 5 ) See judgments of the Court of Justice of 15 October 1987 in

Case 222 / 86 UNECTEF v Heylens ( 1987 ) ECR 4097 and of
7 May 1991 in Case C 340 / 89 Vlassopoulo .
WRITTEN QUESTION No 3276 / 91

by Mr Roberto Speciale ( GUE )
to the Commission of the European Communities

( 29 January 1992 )

( 92 / C 168 / 72 )

WRITTEN QUESTION No 3248 / 91

by Mrs Winifred Ewing ( ARC )
to the Commission of the European Communities

( 28 January 1992 )

( 92 / C 168 / 71 )

Subject : Protection of sand eel stocks in the North Sea

Is the Commission aware of the importance of sand eels in
the food requirements of edible fish . Stocks of sand eels
have been diminishing over recent years and this is
causing a depletion of food sources for larger fish .

Between 1970 and 1989 there was an increase in catches of
sand eels of 843 000 tonnes ( i.e. from 191 400 to 1 034 000
tonnes ) primarily by the Norwegians and Danes .

Subject : Measures to curb dumping in the textiles sector

European textile manufacturers are gravely concerned
about the dumping on their domestic market and have
expressed their alarm in various ways, for instance by
compiling an analysis of the situation . It appears that
some points require further investigation by the
Commission, not least with a view to identifying the most
appropriate measures to take .

1 . Does the Commission believe that the situation in the
textile industry — in terms of falling output and
employment — has worsened partly as a result of the
dumping to which rival producer countries resort ?
Does it see a need to exercise tighter control over the
cut-throat competition in the textiles sector — in
which price levels seem artificially low to the extent

No C 168 / 38 Official Journal of the European Communities 4.7.92

that they are closer to the cost of the raw materials
than to the value of the made-up goods — and will it
therefore, for example, establish the temporary
measures to combat dumping as a permanent policy ?

2 . Does the Commission consider it necessary to use its
influence in GATT with a view to securing still more
stringent rules to protect healthy competition in
international trade ?

Answer given by Mr Andriessen

on behalf of the Commission

(2 April 1992 )

The Commission has always devoted particular attention

to the textile sector and factors influencing its
development . Dumping by certain non-Community
producers is one economic factor known to harm the
sector 's healthy development .

1 . In its commercial policy for the textile sector, the
Commission has always considered it in the general
interest to maintain and promote fair trade .

In due compliance with the procedures in force, the
definitive adoption of the provisional anti-dumping
duties recently imposed in respect of certain
non-Community producers is under examination .

2 . In the Uruguay Round negotiations the Commission
has always seen the reinforcement of GATT rules and
disciplines as a corollary to the integration of textile
and clothing products into those rules and disciplines .

WRITTEN QUESTION No 3279 / 91

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

( 29 January 1992 )

( 92 / C 168 / 73 )

Subject : Community subsidies for ' Fonti del Tigullio

Bognasco '

Is it true that the Community has granted substantial
funding to ' Fonti del Tigullio Bognasco ', located near
Trunk Road No 18 in Pian di Fieno ( Genoa ), a company
with interests in mineral waters and thermal springs and
controlled by a corporation that has close links with
government representatives ?

If funding has indeed been provided, why, what was the
amount involved, and what use has been made of it ?

Answer given by Mr Millan
on behalf of the Commission

( 10 April 1992 )

The Commission would like to state that no Community
aid has been granted to the scheme to which the
Honourable Member refers .

WRITTEN QUESTION No 16 / 92

by Mr Josep Pons Grau, Mr Henri Saby, Mr Victor
Manuel Arbeloa Muru, Mrs Maartje van Putten ( S ), Mr
Luciano Vecchi, Mr Giorgio Rossetti ( GUE ), Mr Gerardo

Fernández-Albor ( PPE ), Mr Antoni Gutiérrez Diaz,

Mrs Dacia Valent ( GUE ) and Mr Pol Marck ( PPE )

to the Commission of the European Communities

(4 February 1992 )

( 92 / C 168 / 74 )

Subject : Establishment of Cooperation Councils with the

Maghreb and Mashreq countries

Having regard to the specific importance that the
European Community attaches to the promotion of
respect for human rights and to the democratization of
society in the developing countries, as referred to in
Commission document SEC(91 ) 61 and with a view to the
European Parliament 's consideration of financial
protocols with the Maghreb and Mashreq countries under
the assent procedure :

1 . Does not the Commission feel that, under the
cooperation agreements with the Maghreb and
Mashreq countries, a new role should be given to an
instrument provided for in those agreements, namely
the Cooperation Council, which has not been used in
the cases of Syria and Jordan ?

2 . Does the Commission not think that the Cooperation
Councils should meet at least once a year for an
assessment of how cooperation policies are working,
not only from the economic but also from the political
point of view, since this would enable both a regular
in-depth analysis of such cooperation to be made and
would also provide the urgently required opportunity
to suspend the financial protocols temporarily on the
basis of a deterioration specifically in the field of
respect for human rights ?

Answer given by Mr Matutes

on behalf of the Commission

(7 April 1992 )

The Commission believes that the Cooperation Councils
with the Maghreb and Mashreq countries should meet at
least once a year . It is these meetings that provide the
appropriate forum for examining issues arising from the

4.7.92 Official Journal of the European Communities No C 168 / 39

implementation of the objectives set out in the
cooperation agreements, thus strengthening the dialogue
that is an essential feature of the Community 's relations
with its cooperation partners .

The cooperation agreements provide for annual meetings
of the Cooperation Councils . While it is true that, despite
this provision, no meeting has as yet taken place with
Syria, the second Cooperation Council meeting with
Jordan took place in November 1991 .

The Community and its cooperation partners have for
several years been using the opportunity afforded by
Cooperation Council meetings for informal but thorough
discussions of political and economic questions falling
outside the scope of the cooperation agreements .
Discussions of this kind should be encouraged, and the
Commission shares the Honourable Members ' belief that
the issues of democracy and human rights should be
brought up as often as necessary ; this would subsequently
enable the Community to use all the means at its disposal
to bring pressure to bear .

The Commission fully concurs with Parliament 's wish to

see human rights made one of the focal issues of
Community foreign policy, and — as announced recently
in Parliament — is currently drawing up a programme of
activities to promote human rights specifically targeting
the Mediterranean .

WRITTEN QUESTION No 40 / 92
by Mr Gerardo Gaibisso, Mr Franco Borgo

and Mr Giuseppe Mottola ( PPE )
to the Commission of the European Communities

(4 February 1992 )

( 92 / C 168 / 75 )

Subject : Measures taken by the Italian Finance Minister

prohibiting the import, distribution and sale of
certain brands of cigarette — infringement of
competition law

In Italy kidnapping, blackmail and street theft are,
unfortunately, the order of the day .

The illegal sale of cigarettes is certainly not high up on the

scale of crime .

To deal with this phenomenon, which also involves the
sale of cigarettes produced by the ' State Monopoly ', of
which the Minister for Finance is President ( in fact the

nationally produced product is sold abroad at prices far
below those charged in Italy ), the Minister banned the
import, distribution and sale only of cigarettes produced
by a multinational well established on the Italian market .
A huge black market has thus grown up, to the detriment

of those who wish to exercise the right to smoke the
cigarettes of their choice .

The President of the State Monopoly ( the Minister for

Finance ) at the same time took measures considerably to
increase national production to meet demand .

What action does the Commission intend to take to deal
with this blatant flouting of Community law governing
freedom of competition ?

Answer given by Mr Bangemann

on behalf of the Commission

(9 April 1992 )

On receipt of a complaint from Philip Morris, the
Commission analysed the compatibility with Community
law of the provisions of the Ministerial Decree of 12
December 1991 suspending, for 30 days, the import,
distribution and sale of certain brands of cigarettes .

As a result of this analysis, the Commission considered
that, in view of the special nature of the case, it was not
appropriate to apply Community competition rules to this
Decree . However, the Commission did contact the Italian
authorities to procure all the necessary explanations on
the provisions in question, in order to assess their
compatibility with the principle of the free movement of
goods enshrined in Articles 30 to 36 of the EEC Treaty .

In their reply, and in subsequent contacts with
Commission departments, the Italian authorities stated
that the provisions at issue were justified by reasons of
public order within the meaning of Article 36 of the EEC
Treaty . They particularly stressed that the illegal trade in
cigarettes in Italy was closely linked to notorious criminal
organizations .

The Commission appreciates the gravity of the case

advances by the Italian authorities and is endeavouring to
find a solution which can reconcile their legitimate
objective with the principle of free movement of goods .

WRITTEN QUESTION No 41 / 92

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

(4 February 1992 )

( 92 / C 168 / 76 )

Subject : Rear foglights on cars

Given that driving on both the left - and right-hand side of
the road will continue to pertain even inside the

NoC 168 / 40 Official Journal of the European Communities 4 . 7 . 92

Community, does the Commission have plans to 4 . If so, will the Commission take steps to deal with the
harmonize the provision of rear fog-lights to adapt to main cause of the problems with the arrangements for
either use, in view of the fact that the current provision in sugar, namely the fixing of too high a quota ?
some Member States, of lighting solely to one side at the
rear, is very dangerous to other drivers following behind a
car using the opposite side of the road to that which it was
designed for ? Answer given by Mr Mac Sharry

on behalf of the Commission

(1 April 1992 )

Answer given by Mr Bangemann

on behalf of the Commission

(9 March 1992 )

The provisions regarding the fitting of rear fog lamps,

and all lighting and light-signalling devices, have already
been harmonized by Directive 76 / 756 / EEC (*).

This Directive requires that either one or two rear fog
lamps must be fitted . If only one is fitted it must be on the
same side as the steering wh^el .

The majority view of the experts from the Member States,

and of the Commission staff, was that this would not
present a safety problem because just one rear fog lamp is
sufficient to indicate the presence of a vehicle ahead in
dense fog . As the ve-hicle is approached, the two rear
position lamps become visible and indicate the presence
and width of the vehicle .

1 and 2 . The Commission is indeed aware of the Court
of Auditors ' Special Report 4 / 91 on the operation of the
common organization of the markets in the sugar sector
since its implementa in 1968 . The Commission 's reactions
are published with the Report in the relevant Official
Journal of the European Communities No C 290 of 7

November 1991 .

3 and 4 . The Commission can reassure the Honourable

Member that particular attention will be given to the
suggestions of the Court of Auditors in the reflections
that it will carry out when compiling the proposals to be
presented to the Council and to the Parliament during

1992, on the production arrangements to be applied in the
sugar sector from 1 July 1993 .

So long as traffic is driven on both sides of the road such
anomalies are bound to exist . WRITTEN QUESTION No 88 / 92

by Mr Frédéric Rosmini ( S )
(') OJ No L 262, 27 . 9 . 1976 . to the Commission of the European Communities

(6 February 1992 )

( 92 / C 168 / 78 )

Subject : Mediterranean policy

WRITTEN QUESTION No 55 / 92

by Mr Eisso Woltjer ( S )
to the Commission of the European Communities

(6 February 1992 )

( 92 / C 168 / 77 )

Subject : European Court of Auditors ' report on the

regulation of the market in sugar

1 . Has the Commission taken note of the report by the
European Court of Auditors on the regulation of the
market in sugar ?

2 . What are the Commission 's reactions to the
conclusions of that report now that the Court of Auditors
has produced such clear criticism of the whole EC sugar
policy ?

3 . Does the Commission not think the time is ripe to
produce proposals for adjusting the arrangements for
sugar so as to avoid the problems identified by the Court
of Auditors ?

Faced with the persistence of the considerable
development gap between the countries on either side of
the Mediterranean, the Commission set in train a
Mediterranean policy under the Matutes plan to enter
into force at the end of 1991 .

While certain aspects of the programme are encouraging

( renewal of the financial protocols, widening access to the
Community 's market, support for regional cooperation,
support for economic reforms ), others show that still not
enough is being done .

An information report issued on 25 June 1991 by the
European Communities Delegation of the French
National Assembly pointed out that a large number of
measures were failing to deal with the difficulties faced by
these countries and that the Community was ignoring
major problems such as the population explosion,
indebtedness and security .

In view of the efforts being made by most of the countries
concerned to carry out comprehensive economic reforms
and the strategic importance of the Mediterranean, will

4 . 7 . 92 Official Journal of the European Communities No C 168 / 41

the Commission state whether it plans to supplement the
provisions of the Matutes plan within a reasonable time to
increase the effectiveness of the measures ?

Answer given by Mr Matutes

on behalf of the Commission

( 18 March 1992 )

While recognizing the merits of the new Mediterranean
policy adopted in outline by the Council on 18 and 19
December 1990, the Commission is conscious that it does
not go far enough .

The Commission would like to emphasize that the

Council did not approve the full range of Commission
proposals for this policy . This resulted in a considerable
reduction in the financial resources suggested, a step
which particularly affected support for economic reform
undertaken by the Community 's partners in connection
with structural adjustment . The fact that the aim of the
measures in question had been to reduce the social impact
of structural adjustment makes this situation all the more
regrettable .

Similarly, the Commission was unable to obtain
agreement that certain major problems affecting the
Community 's partners ( e.g. population issues and debt )
should be considered and suitable action taken . The
Commission acknowledges the very great importance of
security in the Mediterranean, and hopes that progress
towards the establishment of political union will ensure
that the issue soon becomes a consideration in
Community policy . The Commission is continuing to
examine measures which could be put forward at the
appropriate moment to supplement existing decisions on
the new Mediterranean policy .

WRITTEN QUESTION No 89 / 92

by Mr Alexander Langer ( V )
to the Commission of the European Communities

Documents exist, some of which ( including photographs )
have already been sent to the Commission of the
European Communities showing the destruction of the
landscape which is already underway and will spread even
though, as far as I am aware, no environmental impact
assessment has been made of the hydro-electric project
nor has any serious study been made of possible
alternatives which do exist ( and which have been set forth
on various occasions ), but which perhaps have the
disadvantage of not costing enough and thus displease the
civil servants and companies who have had their eyes on a
deal worth Lit 150 000 million or more .

What checks has the Commission made or does it intend

to make to ensure that Community rules on
environmental impact assessment are respected in the
Arzino Valley before it is too late ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 75 April 1992 )

The Commission has already been informed by the

Honourable Member of the problem to which he refers in
his written question .

Projects of this kind are included in Annex II to Directive
85 / 337 / EEC and must be made subject to an
environmental impact assessment where Member States
consider that their characteristics so require .

The Commission will be contacting the Italian authorities
to obtain further information on the case .

WRITTEN QUESTION No 90 / 92

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

(6 February 1992 ) (6 February 1992 )

( 92 / C 168 / 79 ) ( 92 / C 168 / 80 )

Subject : Saving the Arzino Valley ( Friuli, Italy ) from

becoming a ' hydroelectric infrastructure '

For some time a brave committee known as ' Families for
the Arzino Valley ' has been drawing the attention of
Italian and Community authorities, sometimes with the
support of various politicians, to the disastrous plan to
intercept the river Arzino ( in the province of Pordenone
in the region of Friuli-Venezia Giulia in Italy ), which is
the last untouched river in Northern Italy, to run it
through a pipe and transform the entire valley into a
' hydroelectric infrastructure ' and ' mega-aqueduct '.

Subject : Rechar programme for lignite areas in Greece

Some lignite mining areas in Greece ( Megalopolis,
Aliverion, Kozani etc .) facing serious structural and
environmental problems are in severe industrial decline .
Certain problems in these areas could effectively be solved
by the Rechar programme which is intended to combat
such problems in coal-mining areas of the Community .
However, the programme covers only Objective 2 region
from which these areas are excluded for reasons beyond
their control . What measures will the Commission take to

No C 168 / 42 Official Journal of the European Communities 4 . 7 . 92

incorporate these areas in a new Rechar programme with
increased funding and a wider scope ?

Answer given by Mr Millan
on behalf of the Commission

(8 April 1992 )

The Rechar initiative applies to all coal-mining areas in

the Community which satisfy the eligibility criteria set out
in paragraph 5 of Notice 90 / C 20 / 03 ( 1 ).

Because of the link between Rechar and the Community 's
energy policy, it was decided to limit the initiative to areas
which contain coal-mining activities covered by the ECSC
Treaty, i.e. the extraction from deep or open cast mines of

hard coal or black lignite ( paragraph 5.1 of the Notice ).
No area in Greece meets these criteria .

O OJ No C 20, 27 . 1 . 1990 .

WRITTEN QUESTION No 129 / 92
by Mr Virginio Bettini and Mr Gianfranco Amendola ( V )

to the Commission of the European Communities

(7 February 1992 )

( 92 / C 168 / 81 )

Subject : Setting up of a waste dump in the province of

Caserta ( Italy ) and failure to comply with
European Community legislation

At Granilli, in the province of Caserta ( Italy ), a site has
been selected to accommodate a waste dump .

Because of opposition from the public, from various local
authorities and from environmental associations, the
Regional Administrative Court has issued a temporary
injunction .

The site at Granilli, in the Volturno valley, is not suitable
because of its environmental significance and because, a
few metres underground, there is a dense network of
watercourses used for drinking water .

Italy has only partly transported Directive
85 / 337 / EEC ( x ), without giving it legal force, and,
contrary to that Directive, no provision has been made in
this instance for an environmental impact assessment .

1 . Can the Commission say what action it proposes to

take in order to enforce full compliance by Italy with
Directive 85 / 337 / EEC ?

2 . Can the Commission say what stance it proposes to
take vis-a-vis the Italian Government in connection
with the proposed facility to be built at Granilli ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

(8 April 1992 )

The question raised by the Honourable Members is being
examined by the Commission 's departments to see
whether the facts reported constitute an infringement of
Community law .

In this connection, the following information is needed :

— information as to the type of waste, e.g. whether it is

toxic and hazardous ( entailing an obligatory EIA
under Directive 85 / 337 / EEC ), and if possible a copy
of the documents approving the project in question,
with a map of the area ;

— a copy of the Regional Administrative Court 's
decision ;

— a description of the area in question, giving more

detailed information about its ' environmental

significance ';

— a description of the geographical conditions ( with a

map if possible ), and of the problems relating to
ground water .

On the basis of this information, it will be possible to
approach the competent national authorities .

As regards action by the Commission with regard to the

incorporation of Directive 85 / 337 / EEC into Italian law,
it should be pointed out that an infringement procedure
under Article 169 of the EEC Treaty is in progress (a
letter of formal notice having been sent in December

1991 ).

WRITTEN QUESTION No 146 / 92

by Mrs Christine Oddy ( S )
to the Commission of the European Communities

(7 February 1992 )

( 92 / C 168 / 82 )

Subject : Telephone adaptation for the deaf

Does the Commission have a telephone system which is
adapted for use by the deaf ? If the Commission does not
have such a system will it install facilities as soon as
possible ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 30 March 1992 )

with the proposed facility to be built at Granilli ? The Commission is keeping a close watch on the

development and market availability of specialized
o OJ No L 175, 5 . 7 . 1985, p. 40 . equipment which can be connected up to the normal

4 . 7 . 92 Official Journal of the European Communities NoC 168 / 43

telephone network and, with the help of a screen and a
keyboard, enables the hard of hearing and the deaf to
communicate with persons who have the same type of
equipment .

At present, the Commission does not have such
equipment in operation either for internal or for external
calls .

Arrangements for a possible pilot scheme are being
looked into and will depend on :

— the technical compatibility of the various systems

available in the Member States ;

— the organizational implications ( location of
equipment );

— an analysis of the requirements of deaf persons .

WRITTEN QUESTION No 214 / 92

by Mr Amédée Turner ( ED )
to the Commission of the European Commumties

( 13 February 1992 )

( 92 / C 168 / 83 )

Subject : Seatbelts in buses and coaches

Does the Commission have any intention of proposing
legislation on the installation and use of seatbelts in buses
and coaches throughout the Community ?

Answer given Mr Bangemann

on behalf of the Commission

. ( 13 April 1992 )

For the time being, the Commission has no intention of
proposing legislation on the installation and use of safety
belts in buses and coaches throughout the Community .

In May 1991 the Commission asked representatives of the
Governments of the Member States if they could now
agree in principle to . such a proposal . Six Member States
were opposed to Safety belts, even in principle . A
qualifying majority would be required to enable the
Directive to be amended .

Further, no Member State has any such legislative
requirement, nor is any proposed in any of the twelve
Member States .

Under these circumstances, the Commission considers
that, at this stage, it would not be appropriate to prepare
any amendment to this Directive .

WRITTEN QUESTION No 239 / 92
by Mr André Sainjon, Mr Jean-Paul Benoit,
Mr Claude Desama, Mr Rolf Linkohr, Mr Gordon Adam,

Mrs Ludivina Garcia Arias and Mr James Ford ( S )

to the Commission of the European Communities

( 13 February 1992 )

( 92 / C 168 / 84 )

Subject : Action against energy producers ' distribution

monopolies in the EEC

The European Commission is currently continuing its
campaign against gas and electricity import and export
monopolies in France and in nine other EEC countries by
letter of formal notice on the French Ministry of Foreign
Affairs .

However, the campaign against national monopolies in
the energy sector is limited in practice since it relates at
present only to imports and exports .

Since the Commission has already announced its
intention of attacking the distribution monopolies before
the end of the year, the continental European producers
are still firmly opposed to the principle of third party
access to the grids, which would permit large-scale
consumers to choose their electricity supplier from
another country .

The new system for the power industry in Britain

introduced on 1 April 1990 gives a revealing impression of
the disadvantages of the new system advocated by the
Commission .

Major customers, with a consumption equal to or in
excess of 1 megawatt per site, may negotiate the terms of
their electricity supplies with any supplier . All customers
should have this option to negotiate a contract from 1998
onwards . There is, however, a limit below which it is no
longer profitable to submit tenders for the supply of
electricity . The new system would therefore lead to
large-scale price discrimination at European level .

Does the Commission intend to investigate what actual
consequences would result from this new system, which
would severely penalize small consumers ? Is it
contemplating taking any measures to solve this problem ?

\

Answer given by Sir Leon Brittan

on behalf of the Commission

( 22 April 1992 )

1 . According to the new Article 8a of the EEC Treaty,
the internal market ( completion of which — the Single
European Act makes clear — is one of the Community 's
major priorities ) is to comprise an area without internal
frontiers in which the free movement of goods, persons,
services and capital is ensured .

No C 168 / 44 Official Journal of the European Communities 4 . 7 . 92

Gas and electricity do not escape this prescript .
Furthermore, full attainment of the 1992 objective would
be jeopardized if energy were to be excluded .

The current situation in the electricity and gas sectors is a

negation of the internal market . Consumers are caught in
a monopolistic relationship . They cannot obtain supplies
from other countries and are excluded from the
international markets reserved for existing enterprises .
There are considerable price distortions at frontiers . The

established enterprises bear no investment risk ; all the
consequences of choices made are automatically shifted
to consumers . There are obstacles to freedom to contract
for production and for power-line and pipeline
construction . It is impossible for any
commercially-induced signal to be given and to spread .
The abovementioned obstacles to trade must therefore be

eliminated to ensure free movement of products, to
reinforce security of supply and to improve industrial
competitiveness .

2 . The Commission has recently adopted a
stage-by-stage programme for establishing the internal
market in electricity and gas based on the following
principles : a gradual approach, the application of
subsidiarity and a minimum set of rules .

The arrangements for the next stage provide for the
introduction of a limited system of third-party access to
the networks .

These measures should not prejudice the interests of small

consumers .

3 . The Commission has also taken direct steps to
ensure compliance with the competition rules in these
sectors . It has instituted infringement proceedings against
a number of Member States and proceedings under
Article 85 against undertakings and an association of
undertakings .

Third-party access to the networks has been made
possible for both large-scale energy consumers and
distribution companies under certain conditions, with the
result that captive households and medium-scale
consumers can benefit indirectly from such access .

Furthermore, Member States remain free to determine the
extent and nature of the rights of the distribution
companies and of their public service obligations . They
may in particular impose an obligation to supply on
distribution companies and may regulate supply tariffs for
all captive consumers .

In addition to its harmonization proposals, the
Commission reserves the right to exercise all its powers
under the Treaty whenever it considers such action to be
appropriate . It intends in particular to continue the
infringement proceedings it has instituted under
Article 169 of the Treaty against the statutory import and
export monopolies in a number of Member States .

WRITTEN QUESTION No 252 / 92

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

( 24 February 1992 )

( 92 / C 168 / 85 )

Subject : Community programme for the regional
development of statistics in Portugal

When it presented its 1992 budget the Portuguese
Government confirmed that it had drastically cut its
spending . There are particularly substantial cuts in
funding for the National Institute for Statistics, which
will result in the suspension of 360 projects, 60 of which

relate to the Community programma for the regional
development of the statistics network .

Can the Commission say how it views this situation and
how it intends to react to decisions of this kind by a
Member State Government which jeopardize Community
projects of major importance, in particular as regards the
comparability of indicators which make it possible to
monitor the process of convergence, which is essential for
the establishment of economic and monetary union ?

Answer given by Mr Chris tophersen

on behalf of the Commission

(2 April 1992 )

A letter has been sent to the Portuguese Minister for
Planning informing him of the Commission 's concern
about the budgetary constraints which the Portuguese
authorities intend to impose on the National Institute for
Statistics . It drew particular attention to the substantial
financial contribution made by the Community towards
the development of the statistics network in Portugal .

WRITTEN QUESTION No 283 / 92

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

( 24 February 1992 )

( 92 / C 168 / 86 )

Subject : GAIT : legal and judicial services

The GATT negotiations include legal and judicial services
provided By lawyers in connection with the market in such
services .

It could be supposed that these services may be considered
as freely available goods, so that anyone supplying them
could freely engage in their activity on national territory
outside the traditional bar structures .

4 . 7 . 92 Official Journal of the European Communities NoC 168 / 45

However, the legal profession is not part of a market
economy and its ' peculiarity ' coupled with the fact that it
provides a service to the public means that lawyers cannot
simply be regarded as purveyors of legal services and
account must be taken of the specific nature of their
profession .

In view of the great concern aroused by the current
negotiations and bearing in mind the specific nature of
legal activities, is the Commission prepared to :

1 . consult lawyers on the work of the ' Negotiating

Group on Services ',

2 . ensure that, if the services provided by the legal

proposed by the GATT Secretariat is an abridged version
of the Central Product Classification ( CPC ), a system of
economic classification now used worldwide .

The statistical nomenclature of economic activities in the

European Community ( NACE-rev . 1 ), which forms the
common basis for the gathering of statistics in the
Community, also lists legal activities in the chapter
entitled ' Other business activities '.

professions are to be classified, they are classified as
' Personal Services ' and not ' Business Services '? WRITTEN QUESTION No 284 / 92

by Mr Yves Verwaerde ( LDR )
to the Commission of the European Communities

( 24 February 1992 )

Answer given by Mr Andriessen

on behalf of the Commission

(2 April 1992 )

1 . The Commission has for many years been in regular
contact on these matters with the Consultative Committee
of the Bars and Law Societies of the European
Community ( CCBE ) and the European Secretariat of the
Liberal, Intellectual and Social Professions ( SEPLIS );
informal meetings and also official meetings between the
Community negotiators and business representatives have
been held regularly since the present negotiating round

( i.e. the Uruguay Round ) began . The most recent were
held on 4 April and 18 October 1990 and 11 June 1991 .
During the last meeting, which concentrated on services, a
working party dealing specifically with professional
services answered special questions on this area, and
obtained information on the main lines of the European
Community 's approach on these issues .

These consultations have always been particularly useful

in enabling the Commission to learn of the profession 's
concerns and to target properly its requests for
liberalization by other countries . The Commission is still
available for discussions with other representatives of the
profession .

2 . It has already been established that, in the list drawn
up by the GATT Secretariat to indicate the sectoral
classification of services, legal services come under the
' professional services ' category, in the same way as the
services provided by other liberal professions such as
architects, doctors and members of other regulated
professions .

The fact that the professional services sector is listed in

the chapter entitled ' Business services ' has no
repercussions on the status of lawyers / legal advisers, nor
does it call in question the importance of the professional
qualifications and quality of service for this particular
type of activities . The sectoral classification of services

( 92 / C 168 / 87 )

Subject : Commission inquiry procedure into restrictive

competition practices — respect for defence
rights

Within the framework of the inquiry procedure enabling

the Commission to investigate companies suspected of
not respecting competition rules, three decisions of 24
October 1991 by the Court of First Instance in the
polypropylene affair refer to the contents of certain rules
relating to the respect of the rights of defence .

In this respect, what rules of conduct has the Commission
laid down particularly for its DG IV responsible for
competition so that the rights of defence may be properly
respected during these checks ?

Answer given by Sir Leon Bnttan

on behalf of the Commission

( 30 March 1992 )

The conditions under which the Commission may carry

out investigations on company premises are spelt out in
the various regulations applicable in the field of
competition law . There are certain procedural guarantees
that ensure respect for a company 's rights of defence . For
example, the Commission may not undertake an
investigation without being in possession of a written
authorization specifying the subject-matter and purpose
of the investigation . Similarly, the regulations lay down
the powers which the Commission enjoys in respect of the
investigation, notably as regards the documents to which
it may be granted access and of which it may take copies .

In addition, the Commission has developed a practice
making it easier for the rights of defence to be exercised .
Thus, when Commission investigators present themselves

NoC 168 / 46 Official Journal of the European Communities 4 . 7 . 92

at a company 's premises, they are required to hand over to during question time at Parliament's March 1992
its representatives a note explaining the company 's rights part-session (').
and obligations and the actual procedure to be carried
out . They must also allow the company a reasonable time (') Debates of the European Parliament No 3-416 ( March 1992 ).
in which to secure, during the period of the investigation,
the services of an in-house legal adviser or a lawyer of its
choice .

WRITTEN QUESTION No 640 / 92

by Mr Eisso Woltjer ( S )
to the Council of the European Communities

( 23 March 1992 )

WRITTEN QUESTION No 431 / 92

by Mr Kenneth Stewart ( S ) ( 92 / C 168 / 89 )

by Mr Kenneth Stewart ( S )
to the Commission of the European Communities

(2 March 1992 )

( 92 / C 168 / 88 )

Subject : Failure by UK Government to pay local
authorities ERDF funding

The Commission will be aware that claims for ERDF
grants, based on payments made under contracts, remain
unpaid by the UK Department of the Environment .
Claims have been submitted on a regular basis from the
beginning of the financial year, but very few have been
paid .

The Commission will also be aware that the Merseyside

local authorities have incurred extra interest charges of
£ 700 000 as a consequence of these delays and that
interest at £ 5 000 per day continues to accrue on the
£ 17 000 000 outstanding — a loss of grant of £ 45 000
per week going in interest charges created by the
incompetency of the British Government .

Does the Commission agree that grants held up benefit
Government finances, until claims are paid to applicants
and that delays in settlement increase the national
exchequer 's purse ?

The British Government has stated that staff shortages

are the reason for these delays, which is totally
unacceptable and touches on the verge of fraudulent
administration .

Will the Commission hold a full inquiry into the United

Kingdom 's administration of European Regional
Development funding, and uphold its present stand until
direct payments are made to the local authorities
concerned ?

Answer given by Mr Millan
on behalf of the Commission

( 14 May 1992 )

The Commission would refer the Honourable Member to
the reply to his oral question H - 139 / 92 which it gave

Subject : The quality of water in the river Meuse

While international efforts to clean up the Rhine are

gradually achieving results, no moves are being made
towards cooperation between Belgium and the
Netherlands to improve the quality of water in the Meuse,
which is extremely poor . The Meuse, which supplies both
the Netherlands and Flanders with drinking water, is
being polluted, upstream in Wallonia .

Because of this pollution, no drinking water has been
drawn from the Meuse in the Netherlands for three
weeks . Repeated protests by the Netherlands about
pollution by factories in Wallonia are trivialized by the
Walloon authorities .

Does the Council agree that water quality in the Meuse is
the joint responsibility of all the Member States directly
concerned and of the Community ?

What steps is the Council prepared to take in the

immediate future to ensure that the Member States
concerned step up cooperation instead of exchanging
insults about the quality of water in the Meuse ?

How will the Council ensure that the Member States
comply with the relevant Community legislation on water
quality ? Is the Council aware that no regular water quality
controls in the Meuse are carried out in Belgium ? Will it
prevail upon Belgium to improve matters ?

Answer

( 12 June 1992 )

The Council is quite aware of the need for close
cooperation between coastal States to ensure the
protection of transboundary watercourses, of which the
Meuse is an example .

Bearing that in mind, the Council authorized the
Commission to participate in the negotiation of the
Convention on the protection and use of transboundary
watercourses and international lakes within the
framework of the Economic Committee for Europe and
has recently decided ( March 1992 ) to authorize the
signing of the Convention by the Community .

4 . 7 . 92 Official Journal of the European Communities No C 168 / 47

Moreover, the principle of co-ordinating environmental
policies, in particular in the context of stepping up
regional cooperation, was posited earlier in the Council
Resolution of 17 May 1977 on the continuation and
implementation of a European Community policy and
action programme on the environment .

Nevertheless, as the Honourable Member will certainly
be aware, the Commission is responsible for ensuring that
Community regulations, including those on water quality
protection, are observed .

WRITTEN QUESTION No 660 / 92
by Giuseppe Rauti, Gianfranco Fini, Cristiana Muscardini

and Antonio Mazzone ( NI )

to the Council of the European Communities

( 26 March 1992 )

Answer

( 12 June 1 992 )

As the Honourable Member will be aware, it is for the
Commission to judge whether a Member State has
fulfilled its obligations under the provisions of
Community law in general and under those concerning
environmental protection in particular . The Commission
is also responsible for taking action in cases of failure to
comply with the provisions .

Moreover, it does not fall within the Council 's ambit to
interfere in Member States ' regional planning projects .

WRITTEN QUESTION No 672 / 92

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

( 92 / C 168 / 90 ) ( 26 March 1992 )

( 92 / C 168 / 91 )
Subject : Environmental risks in the Malagrotta area

( Rome )

Does the Council consider the existence, in close
proximity with one another of the following industrial
plants in the Malagrotta area ( Rome ) to be compatible
with the Community environmental rules :

— the Rome refinery,

— a bituminization plant,

— a liquid gas store,

— the Agip petroleum store ( from which thousands of

litres of kerosene were discharged into the river Tiber
on 6 January 1992 ),

— solid urban waste dump,

— incineration plant for refuse from hospitals in Latium

and Tuscany,

— the incineration plant of the nearby Leonardo da Vinci

airport,

— inert gas extraction plants ?

Under the new regional waste disposal plan submitted in
December 1991 the following plants will be added :

— a combined heat and power plant fired by selected

solid urban waste,

— a waste separation and disposal plant,

— a further disposal plant for selected waste ( scrap ) and

for sludge from waste-water treatment plants .

Will the Council make earnest representations to the

Italian Government, the Italian Ministry of the
Environment, the Latium regional authorities and the
Rome city council to refrain from siting any new plant in
this area and to review thoroughly the environmental
situation in the Malagrotta area ?

Subject : Appointment of members of the Euratom Supply

Agency Advisory Committee

According to figures provided by the Joint Research
Centre ( JRC ), it employed 1 658 men and 394 women in
December 1990 — a total of 2 052 people, 550 of them in
the A category ( 519 men and 31 women ).

On 10 June 1991, the Council took a decision on the
appointment of members of the Euratom Supply Agency
Advisory Committee ; a total of 44 candidates were
appointed, none of them women :

1 . What criteria were used in appointing the Advisory

Committee ?

2 . How many candidates were there ( broken down
according to sex ), and which occupational groups
were they drawn from ?

3 . Does the Council consider that there are no qualified
women who might have been eligible for the Euratom
Supply Agency Advisory Committee ?

4 . If so, for what reasons ?

5 . If not, for what reason were no women appointed to
the Advisory Committee ?

6 . To what extent does this appointments policy conflict

with the Council resolution of 21 May 1991 ('), in
which the Council stresses need to ' integrate the
objective of equal opportunities and equal treatment
in the formulation and implementation of relevant
policies and action programmes at both Community
and Member State level '.

7 . Can the Council supply an overview of the members

of all advisory committees, broken down according to
sex ?

O OJ No C 142, 31 . 5 . 1991, p. 2 .

No C 168 / 48 Official Journal of the European Communities 4 . 7 . 92

Answer

( 12 June 1992 )

The Council would reiterate the importance which it

attributes to equal opportunities for women and men .

For example, it adopted in particular a resolution on 21
May 1991 regarding the third medium-term Community
action programme en equal opportunities for women and
men ( 1991 — 1995 ) (*).

With regard to the specific questions put by the
Honourable Member, it should be pointed out more
specifically that :

1 . Under Article X of the Statutes of the Euratom Supply

Agency ( 2 ), members of the Advisory Committee

( natural or legal persons represented by a delegate
throughout their term of office ) are appointed for a
period of two years by the Council, acting on a
proposal from the Member States and after obtaining
the opinion of the Commission . The may be
reappointed .

2 . In compliance with the abovementioned Article,

Member States are responsible for putting forward
candidates for the posts, from representatives of
producers and users and from highly qualified experts .
The number of candidates proposed was equal to the
number of posts to be filled allocated to each Member
State .

3 . 4 . 5 . The Council is unable to reply to these specific

questions since it is for Member States to put forward
candidates for the posts .

6 . The Commission is responsible for ensuring that the

Community action programme on equal opportunities
for women and men is implemented . Member States
are invited to implement the actions provided for in
the Commission communication concerning the
programme in order to realize the objectives set out in
the abovementioned Council resolution .

O OJ No C 142, 31.5 . 1991, p. 1 .
( 2 ) OJ, Special Edition 1952 — 1958, p . 81 .

WRITTEN QUESTION No 702 / 92
by Mr Juan de la Cámara Martínez ( S )

to the Council of the European Communities

(6 April 1992 )

( 92 / C 168 / 92 )

Subject : Wetlands in the Community

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

Answer

( 12 June 1992 )

At the present time, the Council has not received any
specific Commission proposal for setting up a programme
such as the one referred to by the Honourable Member .

However, the Council has already displayed great interest
in the protection of wetlands, particularly by including
areas such as marshlands, temperate heathlands and bogs
in the habitats Directive and Life Regulation both of
which the Council agreed to at the Environment Council
meeting on 12 December 1991 .

Certain R&D activities are also worthy of note, such as
those coming under the Community environmental
research programme and the MAST and FAR / AIR
programmes which are aimed at providing a scientific
foundation for rational ecological management of the
coastal zones that take in a part of the wetlands in
question .

In its resolution of 25 February 1992, the Council
furthermore asked the Commission to propose an overall
Community strategy for integrated coastal zone
management as a follow-up to the initiatives taken under
the Third and Fourth Environmental Action

Programmes .

WRITTEN QUESTION No 774 / 92

by Mr Giulio Fantuzzi ( GUE )
to the Council of the European Communities

(6 April 1992 )

( 92 / C 168 / 93 )

Subject : Situation in the Italian wine-growing sector

Regulation ( EEC ) No 3720 / 91 (') established
compulsory distillation quotas for each Member State .
Italy 's quota is particularly onerous, accounting for
9 900 000 hectolitres of the Community total of
15 600 000 hectolitres, thereby severely penalizing
producers of local wines with a well-established market .

In 1992 the common organization of the market in the
wine sector expires . In view of this, does the Commission
consider that it should, as matter of urgency, radically
revise the compulsory distillation mechanism by
introducing new parameters, which take account of the
stocks of unsold wine and hence discourage the
production of wines which have no current or prospective
market outlets .

Is the Council considering resetting the deadlines for
preventive distillation in the immediate future ? In view of
requests from cooperatives concerning the special
circumstances affecting wine-growers, can it review the

4 . 7 . 92 Official Journal of the European Communities No C 168 / 49

conditions for governing the derogation referred to in
Article 78 of Regulation ( EEC ) No 822 / 87 ( 2 ) to tackle

emergencies arising from natural disasters, acknowledged
in a recent ministerial decree as being applicable to certain
areas of Italy ?

o OJ No L 351, 20 . 12 . 1991, p . 27 .
O OJ No L 84, 27 . 3 . 1987, p . 1 .

Answer

( 12 June 1992 )

1 . The Council would remind the Honourable

Member that the administration of the wine market and in
particular that of ' compulsory ' and ' preventive '
distillation is a matter for the Commission as laid down in
basic Regulation ( EEC ) No 822 / 87 and Regulation
( EEC ) No 2046 / 89 laying down general rules for
distillation operations involving wine and the by-products
of wine-making .

In this context it is for the Commission to decide, by
means of the management committee procedure, on the
allocation of the compulsory distillation and the length of
the period allowed for preventive distillation .

2 . Article 39(12 ) of the basic Regulaton provides that
before the end of the 1991 / 92 wine year the Commission
shall submit to the Council a report and, where
appropriate, proposals concerning, inter alia, compulsory
distillation, such as to guarantee the balance of the wine
market .

The Council has not yet received that report or the

relevant proposals .

3 . The implementation of the derogations provided for
in Article 78 of Regulation ( EEC ) No 822 / 87 can be
decided on by the Council only on a Commission
proposal . The Council has not so far received any
proposal on that subject .

WRITTEN QUESTION No 988 / 92

by Mrs Teresa Domingo Segarra ( GUE )
to the Council of the European Communities

( 15 April 1992 )

( 92 / C 168 / 94 )

Subject : Secondment of employees as staff
representatives

With a view to rationalizing the deployment of manpower
in its General Secretariat, can the Council indicate the

number of employees On secondment as staff
representatives on organs set up under the Staff
Regulations and on trade union and professional bodies ?

Can the Council also indicate :

1 . the percentage of the total staff of the General

Secretariat on secondment for this purpose,

2 . the tasks undertaken by seconded staff,

3 . the criteria ( e.g. representativeness ) for and duration

of these secondments ?

Answer

( 12 June 1992 )

1 . Under the provisions of the Staff Regulations, and
in particular Article 9 ( 3 ) and the last paragraph of
Article 1 of Annex II, the Staff Committee operates by

means of the secondment ( full-time or part-time ) of the
elected officials who assume the duties of chairman or of
the bureau, and generally for the duration of their terms
of office . In addition, four officials are assigned
permanently to the Staff Committee to provide logistic
support for that body .

As for the trade union and professional organizations, the

Framework Agreement concluded by the Council in 1978
contains a provision similar to the abovementioned
provisions of the Staff Regulations as regards the officials
responsible for them . Thus, here too, these officials are
seconded ( either full-time or part-time ) for the duration
of their terms of office, and minimum logistic support is
provided by assigning a few officials to the organizations '
secretariats .

The number of officials seconded full-time or part-time
to these tasks represents a very low proportion of the total
staff complement .

2 . The duties carried out by the persons concerned are
described in the biennial reports on the officials assigned
to those bodies ; it is for the bodies concerned to
determine the officials to be seconded .

3 . As regards the criteria applied, and in the current
absence of provisions relating to the representativity of
the trade union and professional organizations, staff are
seconded on the basis of requirements justified by the
organizations ; the period of secondment could never
exceed the duration of a term of office and can be
changed at any time ; in certain cases, the period of
secondment is confined to the period required to deal
with certain dossiers .