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^ * - ^ /  - /  -  -  - 1 T ~ _%_ ISSN 0378-6986
# Otticial Journal ess

# # Volume 34
## of the European Communities »1*^ »*i

#### English edition Information and Notices

Notice No Contents Page

I _Information_

European Parliament

_Written Questions with answer_

91/C 85/01 No 937/89 by Mr Jens-Peter Bonde to the Commission

Subject: Scandinavian Link 1

91 / C 85/02 No 57/90 by Mr Jaak Vandemeulebroucke to the Commission
Subject: Exemption from VAT and road tax for disabled people 1

91/C 85/03 No 347/90 by Mr Josep Pons Grau to the Commission
Subject: Torrential rainfall in the autonomous community of Valencia 2

91/C 85/04 No 452/90 by Mr Kenneth Collins to the Commission
Subject: EFTA: customs duties and frontier taxes on spirituous beverages 2

91/C 85/05 No 523/90 by Mr James Ford to the Commission
Subject: Fur trapping 3

91/C 85/06 No 587/90 by Mr Gerard Deprez to the Commission
Subject: Extension of the PHARE programme 3

91/C 85/07 No 727/90 by Mrs Winifred Ewing to the Commission
Subject: Research and development in the field of transport 3

91/C 85/08 No 775/90 by Mrs Teresa Domingo Segarra to the Commission
Subject: Conflict between Spanish fishermen and the Kingdom of Morocco 4

91/C 85/09 No 777/90 by Mr Jose Happart to the Commission

Subject: Mobility for young students in the Community 4

91/C 85/10 No 969/90 by Mr Hans-Gen Poettering to the Commission
Subject: Introduction of turnover tax by the German Federal Postal Administration/Telekom 5

2 (Continued overleaf)

Notice No Contents (continued) Page

91/C 85/11 No 1054/90 by Mrs Mary Banotti to the Commission
Subject: Tedis programme 5

91/C 85/12 No 1142/90 by Mrs Winifred Ewing to the Commission
Subject: Structure and potential of the East German fishing fleet 6

91 /C 85/13 No 1176/90 by Mr Frederic Rosmini to the Commission
Subject: Community Rechar programmes 6

91/C 85/14 No 1316/90 by Mr Jose Vazquez Fouz to the Commission
Subject: Marketing policy in the fisheries sector 6

91 /C 85/15 No 1317/90 by Mr Jose Vazquez Fouz to the Commission
Subject: Marketing policy in the fisheries sector 6

91/C 85/16 No 1323/90 by Mr John McCartin to the Commission
Subject: Tonnage of fishing boats 7

91/C 85/17 No 1337/90 by Mr Florus Wijsenbeek to the Commission
Subject: Refund of tax on motor vehicles upon export 7

91/C 85/18 No 1338/90 by MrJosS Vazquez Fouz to the Commission
Subject: Fish marketing policy 8

91/C 85/19 No 1385/90 by Sir James Scott-Hopkins to the Commission
Subject: SME's 8

91/C 85/20 No 1396/90 by Mr Neil Blaney to the Commission
Subject: Data base for energy forecasts 8

91/C 85/21 No 1459/90 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject: Illegal sales of works of art 9

91/C 85/22 No 1466/90 by Mr Llewellyn Smith to the Commission

Subject: Euratom safeguards report: Man-day inspections in each Member State 9

91/C 85/23 No 1477/90 by Mr Reinhold Bocklet, Mr Honor Funk, Mrs Hedwig KeppelhoffWiechert, Mr Joachim Dalsass to the Commission

Subject: Uniform on-farm animal inspection procedures in the EC 10

91/C 85/24 No 1479/90 by Mr Dieter Rogalla to the Commission
Subject: Practice of law as a profession 11

91/C 85/25 No 1486/90 by Mr Jean-Claude Pasty to the Commission

Subject: Spread of bovine spongiform encephalopathy in the United Kingdom 12

91/C 85/26 No 1594/90 by Mr Herman Verbeek to the Commission
Subject: Construction of a harbour on the Rysumer Nacken 12

91/C 85/27 No 1595/90 by Mr Herman Verbeek to the Commission
Subject: Birth defects in cattle since the Chernobyl disaster 13

91/C85/28 No 1662/90 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject: Information on aid to the Third World 13

Notice No Contents (continued) Page

91/C85/29

91/C85/30

91/C85/31

91/C85/32

91/C85/33

91/C85/34

91/C85/35

91/C85/36

91/C85/37

91/C85/38

91/C85/39

91/C85/40

91/C85/41

91/C85/42

91/C85/43

91/C85/44

91/C 85/45

No 1683/90 by Mrs Guadalupe Ruiz-Gimenez Aguilar to the Commission
Subject: Fishery agreements between the Community and Latin America 14

No 1685/90 by Mr Didier Anger to the Commission

Subject: Post A 2 COM/50/90 14

No 1698/90 by Mr Michael Welsh to the Commission
Subject: Environmental impact assessment in Coto Dofiana 15

No 1708/90 by Mrs Anita Pollack to the Commission
Subject: Illegal trade in seal skins 15

No 1769/90 by Mr Luciano Vecchi to the Commission
Subject: Implementation of the Community's Touth for Europe' programme in Italy 15

No 1792/90 by Mrs Johanna-Christina Grand to the Commission

Subject: Pregnancy and maternity legislation applying to European Community staff 16

No 1833/90 by Mr Jose Valverde Lopez to the Commission

Subject: Failure by Italy and the Federal Republic of Germany to implement the directive on
certain activities in the field of pharmacy 17

No 1840/90 by Mr Jean-Pierre Raffarin to the Commission
Subject: Aid for the film industry 17

No 1846/90 by Mr Hemmo Muntingh and Mr Eisso Woltjer to the Commission
Subject: Reduced herring TAC 17

No 1848/90 by Mr Floras Wijsenbeek to the Commission
Subject: Insurance in respect of combined transport 19

No 1849/90 by Mr Floras Wijsenbeek to the Commission

Subject: Transport insurance 19

Joint answer to Written Questions Nos 1848/90 and 1849/90 19

No 1858/90 by Mrs Jessica Larive to the Commission

Subject: Competition and the internal energy market 19

No 1859/90 by Mr Lyndon Harrison to the Commission

Subject: Structural Funds and the environment 20

No 1888/90 by Mrs Marie Jepsen to the Commission

Subject: Commission's use of services provided by private financial institutions 20

No 1891/90 by Mr Joachim Dalsass to the Commission
Subject: Drawing up a charter of ethnic rights 21

No 1898/90 by Mr Victor Manuel Arbeloa Mura to the Commission
Subject: The Federal Republic of Germany and the Structural Funds 21

No 1922/90 by Mr Gerard Monnier-Besombes to the Commission
Subject: Effects of drift nets on protected species in the Adantic 22

(Continued overleaf)

Notice No Contents (continued) Page

91/C 85/46 No 1934/90 by Mr Gerardo Fernandez-Albor to the Commission
Subject: Twinning arrangements between European Community and Third World cities 22

91/C 85/47 No 1937/90 by Mr Yves Galland to the Commission
Subject: Dairy quotas in mountain areas 23

91/C 85/48 No 1950/90 by Mrs Pasqualina Napoletano to the Commission
Subject: National officials on secondment 24

91/C 85/49 No 2043/90 by Mrs Michele Alliot-Marie to the Commission
Subject: Financial and tax to customs and forwarding agents in difficulties 24

91/C 85/50 No 2049/90 by Mrs Raymonde Dury to the Commission
Subject: Community subsidies for a rock concert 25

91 /C 85/51 No 2484/90 by Mrs Birgit Cramon Daiber to the Commission

Subject: Financial support for 'The Wall' concert staged in July 1990 in Berlin 25

Joint answer to Written Questions Nos 2049/90 and 2484/90 25

91/C 85/52 No 2055/90 by Mr Ernest Glinne to the Commission

Subject: European Community contribution to the programme to safeguard Amazonia and the
problems raised by the BR 364 highway project 26

91/C 85/53 No 2081/90 by Mr Harrison to the Commission

Subject: Working languages of the European Communities 27

91 /C 85/54 No 2099/90 by Mrs Hedwig Keppelhoff-Wiechert to the Commission
Subject: Restructuring of the European Social Fund 27

91/C 85/55 No 2112/90 by Mr Gijs de Vries to the Commission
Subject: Draft US legislation concerning standardization 28

91/C 85/56 No 2133/90 by Mr Gijs de Vries to the Commission
Subject: Article 115 of the EEC Treaty 28

91/C 85/57 No 2136/90 by Mr Gijs de Vries to the Commission

Subject: The importation of matching sets of clothes 29

91/C 85/58 No 2146/90 by Mr Ian White to the Commission
Subject: Driving offences 29

91/C 85/59 No 2149/90 by Mr Jose Happart to the Commission

Subject: Importance of social security for those exercising the occupation of farmer 30

91/C 85/60 No 2175/90 by Mr Ernest Glinne and Mr Henri Saby to the Commission

Subject: The need to support national reconciliation in Guatemala 31

91/C 85/61 No 2209/90 by Mrs Maartje van Putten to the Commission

Subject: Programme for guaranteed employment in India 31

91 /C 85/62 No 2217/90 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject: Investment in Navarra as an Objective II region 32

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Notice No Contents (continued) Page

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91/C85/64

91/C85/65

91/C85/66

91/C85/67

91/C85/68

91/C85/69

91/C85/70

91/C85/71

91/C85/72

91/C85/73

91/C85/74

91/C85/75

91/C85/76

91/C85/77

91/C85/78

91/C85/79

91/C85/80

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No 2258/90 by Mr Anthony Simpson to the Commission

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Subject: Classification of camcorders 33

No 2268/90 by Mr James Nicholson to the Commission

Subject: Customs officers 33

No 2299/90 by Mrs Christine Crawley to the Commission
Subject: Maritime shipping laws 34

No 2312/90 by Mrs Cristiana Muscardini to the Commission
Subject: False image of coloured immigrants 34

No 2313/90 by Mrs Cristiana Muscardini to the Commission

Subject: Problems for Turner's syndrome victims resulting from the design of buildings 34

No 2319/90 by Mr Ernest Glinne to the Commission

Subject: Administrative Commission on Social Security for Migrant Workers 35

No 2328/90 by Mr Yves Verwaerde to the Commission
Subject: Community social policy 35

No 2336/90 by Mr Dieter Rogalla to the Commission
Subject: The Matthaeus programme 36

No 2370/90 by Mr Filippos Pierros to the Commission
Subject: Implementation of Regulation (EEC) No 2242/87 in Greece 37

No 2375/90 by Mr Karl von Wogau to the Commission
Subject: Harmonization of technical standards 37

No 2379/90 by Mrs Christine Crawley to the Commission
Subject: Appropriate questions on application forms 38

No 2387/90 by Mr Jose Valverde Lopez to the Commission

Subject: Community action in Gibraltar under the European Social Fund 38

No 2408/90 by Mrs Mary Banotti to the Commission

Subject: Environmental impact assessment and irrigation 38

No 2412/90 by Mr Alonso Puerta to the Commission
Subject: The 'Quimica del Nal6n' undertaking 39

No 2446/90 by Mr Carlos Robles Piquer to the Commission

Subject: Specialized workforce for the installation of solar energy facilities 39

No 2453/90 by Mr Fernand Herman to the Commission

Subject: Authorization for the Belgian National Giro Office to issue credit cards 40

No 2462/90 by Mr Jose Barros Moura to the Commission
Subject: ESF payments to Portugal 40

No 2525/90 by Mr Jesus Cabez6n Alonso to the Commission
Subject: Objective 5 (b) and Cantabria (Spain) 41

(Continued overleaf)

Notice No Contents (continued) Page

91/C 85/81 No 2622/90 by Mrs Christine Oddy to the Commission

Subject: Cot deaths in Member States 41

91 /C 85/82 No 2644/90 by Mr Gerard Monnier-Besombes to the Commission
Subject: Implementation of Directive 79/409/EEC: special protection area for Bonelli's eagle
(Hieraetus fasciatus) in France -. 42

91/C 85/83 No 2654/90 by Mrs Raymonde Dury to the Commission
Subject: Equal opportunities for men and women 42

91/C 85/84 No 2715/90 by Mr Jose Barros Moura to the Commission
Subject: Poverty in Portugal 42

91/C 85/85 No 2729/90 by Mr Henry McCubbin to the Commission
Subject: Retirement pensions — equality for men and women 43

91/C 85/86 No 2750/90 by Mr Carlos Robles Piquer to the Commission
Subject: Eurotalent and Eurointel 43

91/C 85/87 No 2898/90 by Mr Henry Chabert to the Commission
Subject: Situation of conscientious objectors in Greece 44

28. 3. 91 Official Journal of the European Communities No C 85/1

###### I

_(Information)_

##### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 937/89

by Mr Jens-Peter Bonde (ARC)

to the Commission of the European Communities

_(7_ _December 1989)_

(91/C 85/01)

_Subject:_ Scandinavian Link

Has the Community made a contribution to the
Scandinavian Link project or is it considering doing so? If
so, what is the amount in question and to what
organization or private individual is it payable? Are there
conditions attached to the aid? Is it, for example,
earmarked for specific purposes?

Answer given by Mr Van Miert
on behalf of the Commission

_(26_ _March 1990)_

The Community has provided financial support to the
Scandinavian Link project within the framework of the
transport infrastructure programme. Financial support
has been granted for the completion of preparatory
studies (ECU 1 million) and for the electrification of the
Ringsted-Odense railway line (ECU 6,8 million).

The 'Scandinavian Link' group was the authority
responsible for the studies concerned, and the Danish
railways for the works involved in the electrification of
the Ringsted-Odense line.

The 'Scanlink project' still figures in the Commission's
latest proposal (') as a priority for Community
intervention in the field of transport infrastructure.
Additional Community financial assistance in relation to
this project could, therefore, still be possible in the
coming years.

O COM(89) 238 final.

WRITTEN QUESTION No 57/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(2 February 1990)_

(91/C 85/02)

_Subject:_ Exemption from VAT and road tax for disabled
people

Can the Commission give me an overview of the different
systems operating in the Member States with regard to
exemption for disabled people from VAT or road tax or
other taxes or levies?

Has the Commission considered putting forward any
particular proposals in this field? If so, what are they?

Answer given by Mrs Scrivener
on behalf of the Commission

_(29 May_ _1990)_

As regards both VAT and road tax, the arrangements
applicable to disabled people in the Member States at
present differ widely.

Most Member States charge a reduced rate of VAT on
supplies of orthopaedic equipment, prostheses and
wheelchairs while only Ireland, Portugal and the United
Kingdom apply zero-rating. In Denmark, such supplies
are taxed at the single VAT rate. In the case of supplies of
motor vehicles adapted to the needs of the disabled,
zero-rating exists Only in Portugal and the United
Kingdom, while Ireland refunds the VAT already paid
and four other Member States (Denmark, France,
Luxembourg and the Netherlands) levy the standard rate
of VAT, with the remaining five Member States applying
the reduced rate.

As regards road tax, the information at the Commission's
disposal is incomplete. It shows that the disabled are
eligible for a reduced rate of tax in the Federal Republic
of Germany and for exemption from tax in eight other

No C 85/2 Official Journal of the European Communities 28. 3. 91

Member States (Belgium, Denmark, Greece, France,
Ireland, Luxembourg, the Netherlands and the United
Kingdom).

As things stand, the Sixth VAT Directive (77/388/EEC)
of 17 May 1977 ( [l] ) lays down the principle of taxation for
supplies of the aforementioned goods. An exemption
exists only for goods closely linked to welfare and
supplied under certain conditions. Another transitional
provision permits the retention of zero-rating in certain

cases.

Harmonization of VAT schemes is essential, especially
with a view to completion of the single market. The
Commission is unable at this stage to predict what the
outcome of the Council's work on bringing the different
rates more closely into line will be. Given present
priorities and constraints, no measure is planned for
approximating road tax schemes.

O OJNoLl45,13.6.1977, p. 1.

WRITTEN QUESTION No 347/90

by Mr Josep Pons Grau (S)

to the Commission of the European Communities

_(26 February 1990)_

(91/C 85/03)

_Subject:_ Torrential rainfall in the autonomous
community of Valencia

Agriculture in the autonomous community of Valencia
largely consists of citrus fruit production on mainly small
and medium-sized holdings.

Since September continuous rains have led to production
losses amounting to one million tonnes and a fall of
200 000 tonnes in exports, without counting trees which
have been destroyed or damaged.

Does the Commission consider that account could be
taken of this in fixing farm prices or that another
appropriate means could be found of providing
compensation and aid in the 1990-1991 marketing year to
the citrus fruit producers affected?

Does the Commission consider it possible to develop a
Community system of agricultural safeguards to cushion
the effects of such an exceptional situation in this and
other farming sectors ?

Answer,given by Mr Mac Sharry
on behalf of the Commission

_(5 November 1990)_

In view of the exceptional weather conditions during the
current marketing year in Spain the Commission has

deferred from 15 February to 30 April the final date for
conclusion of orange processing contracts.

Further, the Commission notes that Spanish citrus prices
on the Community markets are higher at the present time
than in past marketing years.

The Community rules make no provision for action to
cushion the effects of weather variations on crop yields.
The Spanish Government (Order of 17 December 1987,
BOE No 303) has however introduced a combined farm
insurance plan whereby premiums, themselves subsidized
by between 20 and 65 %, can be taken out to cover 80 to
100 % of probable average crop values.

WRITTEN QUESTION No 452/90

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(5 March 1990)_

(91/C 85/04)

_Subject:_ EFTA: customs duties and frontier taxes on
spirituous beverages

Will the Commission say

1. what representations it has received from the EC
Spirit Producers' Association (UEAES) concerning
the elimination of customs duties and frontier taxes on
spirituous beverages in EC/EFTA trade;

2. what steps it is taking to pursue the elimination of
such duties/taxes?

Answer given by Mrs Scrivener
on behalf of the Commission

_(17 July_ _1990)_

The Commission has received a detailed position paper
from the EC Spirituous Beverages Producers' Association
which it has examined in detail and discussed on various
occasions with representatives of the Member States.

The Commission believes that measures to improve trade
between the Community and the EFTA countries in
spirituous beverages should be addressed in the
framework of the negotiations on a new global
agreement, which opened on 20 June.

On a bilateral basis, the Commission has already entered
into discussions with Sweden and Norway, in order to
examine the possibility of tariff eliminations or reductions
for certain spiritual beverages.

28. 3. 91 Official Journal of the European Communities No C 85/3

WRITTEN QUESTION No 523/90

by Mr James Ford (S)

to the Commission of the European Communities

_(16 March 1990)_

(91/C 85/05)

_Subject:_ Fur trapping

In view of the fact that muskrat, skunk, red and gray fox,
oppossums, coypu and mink are commonly caught in
steel-jawed leghold traps in the USA why are these not
included in the Commission's proposal for a Regulation
on the importation of certain furs (') ?

O OJNoCl34,31.5.1989, p. 5.

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

_(30April 1990)_

The Commission would refer the Honourable Member

to its replies to oral questions H-523/89 (') and
H-204/90 O by Mrs Pollack, to his oral question
H-217/90 ( [3] ) and to its answers to Written Questions No
474/90 O and No 475/90 ( [5] ) by Mrs Pollack.

(') Debates of the European Parliament No 3-384 (December

1989).
_0_ Debates of the European Parliament No 3-388 (March 1990).
( [J] ) Debates of the European Parliament No 3-388 (March 1990).
( [4] ) OJNoC 139,7.6.1990.
(') OJNoC312,12.12.1990, p. 9.

WRITTEN QUESTION No 587/90

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(16 March 1990)_

(91/C 85/06)

_Subject:_ Extension of the PHARE programme

(German Democratic Republic, Czechoslovakia, Bulgaria
and Yugoslavia — but not Romania) was taken by the
Ministers concerned on 4 July. The Commission, which
was asked to coordinate the aid, then submitted a
coordinated action plan, which was favourably received
by the Ministers of the Group of 24.

In the Community's supplementary and amending budget
for 1990 a further ECU 200 million was added to the

initial appropriation of ECU 300 million and an even
larger sum has been set aside for 1991-92. The
Commission has also submitted to the Council a proposal
to amend Regulation (EEC) No 3906/89 (').

When implementation of the PHARE programme first
began, the Commission set up a structure to administer
two aspects of its duties, namely that of coordinating the
work of the 24 and that of managing the Community
programme. The Commission is considering reinforcing
this structure to deal with the work arising from the
extension of the aid programme.

O OJNoL375,23.12.1989.

WRITTEN QUESTION No 727/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(27 March 1990)_

(91/C 85/07)

_Subject:_ Research and development in the field of
transport

With regard to the Commission's proposal COM(89) 557
for a wide-ranging research programme with the aim of
enhancing the effectiveness, economy and safety of
transport systems, will the Commission give details of
how these research projects will be allocated throughout
the Community and to whom will they be allocated?

Answer given by Mr Van Miert
; on behalf of the Commission

The Community intends to extend the aid measures
coordinated within the group of 24 to other countries ;
of Eastern and Central Europe (East Germany,
Czechoslovakia, Bulgaria, Romania and Yugoslavia).

_(24 October 1990)_

Can the Commission provide information on the financial 1 The EURET programme will be implemented in
and operational arrangements it has adopted to ensure the accordance with the provisions applicable to all other
implementation of the PHARE programme ? _J j_ Community research programmes.

Answer given by Mr Andriessen
on behalf of the Commission

_(27 September 1990)_

The formal decision to extend Group of 24 aid to the
remaining countries of Central and Eastern Europe

This means that, for most of the topics, research will be
conducted on the basis of shared costs whilst the rest will

involve concerted actions.

Where the shared-cost actions are concerned, one or
more invitations to submit proposals will be published and
the usual evaluation, selection and allocation procedures
will apply.

No C 85/4 Official Journal of the European Communities 28. 3. 91

For a project to be considered, at least two bodies from
different Member States must join forces to submit the
proposal.

Concerted actions will involve the coordination of
national activities with common objectives.

WRITTEN QUESTION No 775/90

by Mrs Teresa Domingo Segarra (GUE)

to the Commission of the European Communities

_(29_ _March 1990)_

(91/C 85/08)

_Subject:_ Conflict between Spanish fishermen and the
Kingdom of Morocco

Hundreds of fishermen have laid up their vessels and
blockaded a number of Andalusian ports in protest at the
new clauses inserted in December 1989 into the fisheries
agreement of 1 March 1988 between the European
Community and the Kingdom of Morocco. These clauses
make fishing conditions for Spanish fishermen
considerably more arduous; they have also been penalized
by the up to tenfold increase, adopted unilaterally by the
Moroccan authorities not long ago, in the fines imposed
for infringements of regulations.

Given the circumstances:

Does the Commission intend to convene an emergency
meeting of the committee which monitors the fisheries
agreement between the European Community and the
Kingdom of Morocco? Has the Commission received an
official request from the Spanish authorities to convene a
meeting of the monitoring committee? Can the
Commission say on what date such a request was
submitted? What proposals does the Commission intend
to make to the monitoring committee to help to resolve
the conflict?

Answer given by Mr Marin
on behalf of the Commission

_(12 November 1990)_

The Honourable Member is requested to refer to the
Commission's statement made in the debate on the
fisheries policy during Parliament's March 1990 (')
part-session and to the Commission's answer to her Oral
Question H-328/90 in Question Time during the April
1990 part-session (*).

O Debates of the European Parliament No 387 (March 1990).
( [2] ) Debates of the European Parliament No 388 (April 1990).

WRITTEN QUESTION No 777/90

by Mr Jos6 Happart (S)

to the Commission of the European Communities

_(29_ _March 1990)_

(91/C 85/09)

_Subject:_ Mobility for young students in the Community

To judge from the information made available on the
Erasmus, Petra, Comett and Lingua programmes, these
programmes were enthusiastically welcomed by young
people and educational establishments. They have
become disillusioned very quickly, however, since the
objectives with regard to financial support have not been
realized, these programmes applying to but a very small
proportion of individuals.

How does the Commission account for what is inequality
of opportunity through denying access to measures
paving the way for a European future?

Which establishments and projects in which Member
States have been subsidized?

What total amount do the projects represent?

Answer given by Mrs Papandreou
on behalf of the Commission

_(12 July_ _1990)_

The Commission can confirm that demand for
participation in exchange and mobility programmes from
young people is approximatively five times higher than
available budgetary resources.

Under these circumstances, the Commission has taken the
initiative:

— to recommend to Member States in the selection of
candidates that priority be given to candidates in most
need of Community support, i.e. coming from
disadvantaged regions, or low socio-economic
backgrounds,

— to invite Member States to provide complementary
support for young people to participate in exchange
and mobility programmes.

With respect to the institutions and projects which have
been financed the Commission will send directly to the
Honourable Member and to the Secretariat of
Parliament, the latest reports on the Erasmus, Comett and
Petra programmes together with a full list of the projects
concerned.

28. 3. 91 Official Journal of the European Communities No C 85/5

WRITTEN QUESTION No 969/90

by Mr Hans-Gert Pocttering (PPE)

to the Commission of the European Communities

_(25 April 1990)_

(91/C 85/10)

_Subject:_ Introduction of turnover tax by the German
Federal Postal Administration/Telekom

Under Article 90 of the EEC and the Sixth and 18th VAT

Directives, the Federal Republic of Germany is obliged to
include the telecommunications services of the German

Postal Administration in turnover tax provisions. In this
connection, the activities of Telekom, which is part of the
German Postal Administration, is to be made
progressively subject to turnover tax (see draft of a second
law amending the turnover tax law). However, the
German Telekom will not be subject to turnover tax in the
field of broadband cabling until 1 January 1996, while
private tenderers competing with the Federal Postal
Administration are subject to a full rate of turnover tax,
which leads to a considerable distortion of competition.

What steps can the Commission take to ensure that the
German Postal Administration and Ministry of Finance
brings to an end this form of discrimination as soon as
possible and does not wait until 1996, especially in view of
the declared intention of the Federal Postal

Administration to complete cabling operations for the
entire Federal Republic of Germany by 1995?

Answer given by Mrs Scrivener
on behalf of the Commission

_(4 October 1990)_

In accordance with Article 28 (3) (b) of the Sixth
Directive ( [l] ), Member States may continue to exempt
from value added tax a number of activities, which are
listed in Annex F to the Directive. Point 5 of that Annex

covers telecommunications services supplied by public
postal services and supplies of goods incidental thereto.
The Sixth Directive thus made it clear that the exemption
related only to public telecommunications services; such a
difference in treatment between public services and
private-sector enterprises performing the same functions
is therefore enshrined in Community law, a situation
which was not altered by the 18th Directive.

The Commission welcomes the decision by the German
Government to align the conditions under which the
public service operates on those applicable to
private-sector enterprises in the telecommunications
sector. That decision is a move in the direction

recommended by the Honourable Member in calling for
an end to certain distortions of competition before the
end of the transitional period.

The Commission would point out, however, that the
problem of distortions of competition will be examined in
general terms in a report which the Commission is to
present in pursuance of Article 3 of the 18th Directive ( [2] ).
In that context, the Commission will tackle the special
case of telecommunications and will send the Council

proposals and timetables for action.

O OJNoL145,13.6.1977.
O OJ No L 226,3. 8.1989.

WRITTEN QUESTION No 1054/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(10 May 1990)_

(91/C 85/11)

_Subject:_ Tedis programme

Would the Commission be prepared to further strengthen
the TEDIS programme in order that it might act as a fully
fledged electronic data interchange system which would
survey passengers and cargo at arrival points in Europe, as
a way of combating the illegal trade in drugs?

Answer given by Mrs Scrivener
on behalf of the Commission

_(4 July 1990)_

The TEDIS programme (Trade Electronic Data
Interchange Systems) was established by Council
Decision 87/499/EEC (') in order to coordinate and
provide support for existing and already planned
electronic data interchange (EDI) systems in the
Community and not to create new systems of its own.

Furthermore, among the existing Community-wide
enforcement systems there is one, SCENT (System for
Customs Enforcement Networks) that was created by the
Commission in 1986 in the framework of the Caddia

programme, chiefly in order to strengthen the fight
against commercial fraud. Moreover, work is currently
taking place on the basis of a report prepared by
consultants into all areas of customs action, including
measures to prevent smuggling of drugs, on the
development of an advanced version of SCENT which is
intended to meet users' requirements in the perspective of
the completion of the internal market by 31 December
1992.

O OJNoL285,8.10.1987, p. 35.

No C 85/6 Official Journal of the European Communities 28. 3. 91

WRITTEN QUESTION No 1142/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(14 May_ _1990)_

(91/C 85/12)

_Subject:_ Structure and potential of the East German
fishing fleet

Will the Commission publish comprehensive information
on the size, structure and potential of the East German
fishing fleet and comment on the possible impact of
German reunification on the existing Community's
fishing industry?

Answer given by Mr Marin
on behalf of the Commission

_(14 June_ _1990)_

The Commission will examine, in close contact with the
Government of the Federal Republic of Germany, all
sectors of the fishing sector. The Commission will keep
the Parliament informed about all relevant aspects of the
integration process.

WRITTEN QUESTION No 1176/90

by Mr Frederic Rosmini (S)

to the Commission of the European Communities

_(14 May_ _1990)_

(91/C 85/13)

_Subject:_ Community Rechar programmes

The Commission has drawn up guidelines for setting
up the Rechar action programmes (conversion of
coal-mining areas) and has forwarded them to the
Member States.

The Gardanne coalfield in Provence-Aipes-Cdte-d'Azure
is one of the last remaining French coalfields. Its
production is primarily earmarked for a thermal power
station on the same site. The national energy programme,
which is largely concentrated on nuclear energy, is
gradually marginalizing this station within the grid, with
the result that the Gardanne coalfield is experiencing
serious difficulties in selling its output.

What is the Commission's position on the admission of
the Gardanne coalfield to the Rechar programme?

Answer given by Mr Millan
on behalf of the Commission

_(21 June 1990)_

Under paragraph 5.1 of the notice to the Member States
laying down guidelines for operational programmes in the

framework of a Community initiative concerning the
economic conversion of coal-mining areas (Rechar) ( [!] ),
the regions eligible under that initiative are only those
where activities defined as the extraction from deep or
open cast mines of hard coal or black lignite (coal-mining
activities as defined under the ECSC Treaty) are
undertaken. Since the Gardanne coalfield produces
neither hard coal nor black lignite but only brown lignite,
it cannot be included among the coalfields eligible under
Rechar.

(*) OJ No C 20,27.1.1990.

WRITTEN QUESTION No 1316/90

by Mr Jose Vazquez Fouz (S)

to the Commission of the European Communities

_(28 May_ _1990)_

(91/C 85/14)

_Subject:_ Marketing policy in the fisheries sector

In implementing the market policy for fisheries products,
does the Commission consider that the reference price
should be applied from the outset without any need for
subsequent notification?

Answer given by Mr Marin
on behalf of the Commission

_(20 November 1990)_

The Commission would refer the Honourable Member to
its answer to his Written Question No 1035/90 (*).

(') OJNoC28,4.2.1991, p. 14.

WRITTEN QUESTION No 1317/90

by Mr Jose Vazquez Fouz (S)

to the Commission of the European Communities

_(28 May_ _1990)_

(91/C 85/15)

_Subject:_ Marketing policy in the fisheries sector

It appears that a request by a Member State for the
application of the protective clause to squid or flying
squid (illex) has been rejected. Can the Commission say
why? Has the Commission assessed the unfavourable
effect that this measure will have on freezer fishing fleets?
Does the Commission consider this system to be flexible
and effective since, when it functions, it merely causes

28. 3. 91 Official Journal of the European Communities No C 85/7

extensive disruption of the market in this product? Does
the Commission intend to change the system in the
immediate future?

Answer given by Mr Marin
on behalf of the Commission

_(15 February 1991)_

The Commission would refer the Honourable Member to
its answer to his Written Question No 1034/90 ( [1] ).

O OJ No C 28, 4. 2.1991.

WRITTEN QUESTION No 1323/90

by Mr John McCartin (PPE)

to the Commission of the European Communities

_(28 May 1990)_

(91/C 85/16)

_Subject:_ Tonnage of fishing boats

Irish fishermen claim that the system used to calculate the
tonnage of Irish fishing vessels is not the sante as that used
in other Community countries.

Is the Commission satisfied that their calculations of

tonnage and horsepower and consequently the total
capacity of fleets is based on a uniform method of
calculation?

Answer given by Mr Marin
on behalf of the Commission

_(6 July 1990)_

Within the framework of the Common Fisheries Policy,
reference is made to the characteristics of fishing vessels.
It is essential, therefore, that identical rules for
determining these characteristics should be used
throughout the Community.

In view of this, the Council adopted Regulation (EEC)
No 2930/86 of 22 September 1986 0, defining
characteristics for fishing vessels, including tonnage
(Article 4) and engine power (Article 5).

The provisions of this Regulation apply to vessels
entering the fleet of a Member State from 1 December
1986 whereas they shall be applicable to the
characteristics of vessels which entered into service before

the date on which this Regulation came into force only as
from 18 July 1994, except that they shall apply to
characteristics of such vessels modified between the date

of entry into force of this Regulation and 18 July 1994.

(') OJ No L 274,25.9. 1986, p. 1.

WRITTEN QUESTION No 1337/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(11.June 1990)_

(91/C 85/17)

_Subject:_ Refund of tax on motor vehicles upon export

Now that the Commission has given details about VAT in
its answer to Written Question No 1272/89 (*), can it give
further details about the discriminatory effect of other
taxes affecting the sale of cars, and particularly the Dutch
special motor-vehicle tax (BVB) ?

Will the Commission also give details about the distorting
affect on trade of this tax which is levied on imports but
not refunded on exports?

Does the Commission not consider that although every
Member State is entitled to levy special taxes of this
nature as long as they do not distort trade either internally
or in relation to the other Member States, such distortion
does occur in the case of this special motor-vehicle tax
since it is levied on imports from other Member States but
not refunded on exports?

O OJNoC246,1.10.1990,p. 5.

Answer given by Mrs Scrivener
on behalf of the Commission

_(2 October 1990)_

The special motor-vehicle tax (BVB) becomes chargeable
when a car is delivered to the Netherlands.

Consequently, new vehicles are not discriminated against
when they are exported.

With regard to second-hand cars, the tax remains an
integral part of their value if they are exported. This
disadvantage is inherent in any excise duty, unlike value
added tax, which, since it constitutes a uniform common
system, must be taken into account when goods are
imported in order to comply with Article 95 of the EEC
Treaty. According to the interpretation placed on it by the
Court of Justice, this Article rules out all forms of double

taxation since the taxable amount is harmonized within

the Community. This is not the case where excise duties
are concerned as they constitute charges, in particular on
motor vehicles, which are not generally applicable in the
Community and _a fortiori_ are not harmonized.

Under Article 96 of the Treaty, the Netherlands may
indeed refund excise duty on exportation provided that
the amount refunded does not exceed the amount of tax

included in the price of the vehicle. This, however, is an
option under the Treaty and not an obligation.

No C 85/8 Official Journal of the European Communities 28. 3. 91

The Commission is aware of these drawbacks. That is

why in 1967 it introduced a common system of value
added tax and envisaged the abolition in the long term of
all indirect taxes liable to impede the smooth operation of
the internal market, with the exception of VAT and the
five major traditional excise duties (those on alcoholic
beverages, wine, mineral oils, cigarettes, manufactured
tobacco).

WRITTEN QUESTION No 1338/90

by Mr Jos£ Vazquez Fouz (S)

to the Commission of the European Communities

_(11 June 1990)_

(91/C 85/18)

_Subject:_ Fish marketing policy

When will the Commission include frozen hake in

Annex II to Council Regulation (EEC) No 3796/81 (')•

Does the Commission not consider this product to be an
important Community fisheries product?

Does the Commission not consider that there could be an

apparent discrimination with regard to the aid granted for
other products of inferior value, quality and production?

Does the Commission not consider that storage aid
should be granted for hake in view of the crisis situation?

What genuine reasons justify the exclusion of hake if
Commission studies demonstrate conclusively that it
should be included?

(') OJ No L 379, 31.12.1981, p. 1.

Answer given by Mr Marin
on behalf of the Commission

_(15 February 1991)_

The Commission would refer the Honourable Member to

its answer to his Written Question No 1036/90 (').

(*) OJNoC28,4.2. 1991.

WRITTEN QUESTION No 1385/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(11 June 1990)_

(91/C 85/19)

_Subject:_ SME's

What is the Commission doing to assist small and
medium-sized enterprises (SME's) to obtain a greater

share of public procurement contracts? Is not a new
initiative in this field long overdue?

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

_(19 October 1990)_

The Commission has constantly sought to ensure that all
businesses, whatever their size, have access to public
procurement on an equal footing.

It recently presented a communication on the ways
and means of promoting SME participation in public
procurement in the Community ('). The Council
discussed the document at its meeting of 28 May 1990 and
urged the Member States to encourage their public
authorities to take account of the measures discussed

therein in reviewing and implementing their public
procurement procedures. It also invited the Commission
to continue to examine measures and make

recommendations on promoting increased SME access to
public contracts in the context of open and efficient public
procurement.

It might also be noted that the Commission had already
put forward a number of suggestions for positive
measures in this area, particularly in the less developed
regions of the Community, in its communication entitled
'Public procurement: regional and social aspects.' _(_ _[2]_ _)_

The Commission also approved, on 25 July 1990, the
main lines of the Community initiative concerning
the preparation of businesses for the single market
(PRISMA) ( [3] ), for which an indicative budget of ECU
100 million has been set aside within the ERDF for the

period 1990-93. One of the initiative's twin priorities is to
help SMEs located in the less favoured regions (Objective
1 of the reform of the structural Funds) to prepare for the
opening-up of public procurement in particular.

The PRISMA initiative should be definitively adopted by
the Commission in November this year once the relevant
Community bodies, including Parliament, have delivered
their opinion.

O COM(90) 166.
O COM(89)400.
O SEC(90) 1610 final.

WRITTEN QUESTION No 1396/90

by Mr Neil Blaney (ARC)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 85/20)

_Subject:_ Data base for energy forecasts

In its reply to my Written Question No 243/90 ( [l] ) about
renewable energy sources, the Commission states baldly

28. 3. 91 Official Journal of the European Communities No C 85/9

that it does not possess an adequate data base for its

assessments.

How does the Commission explain its failure to establish
an adequate data base?

How was it able to draw up its '1995 energy objectives' in
the absence of this vital instrument?

What are the elements, the absence of which makes the
Commission's present partial data base inadequate?

When did the construction of an appropriate data base
begin?

When will an adequate data base be available?

Will the data base, once established, be accessible to
Parliament and to the general public?

(') OJNoC28,4.2.1991, p. 4.

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

_(13 September 1990)_

The lack in the past of formal statistical data bases for all
new and renewable energy which systematically provided
equivalent information to classical fuels did present
analysts with a practical problem. To overcome this,
contact was taken with national administrations and

research institutes to seek all available information on the

current use of such energy. The quality of these estimates
varied from Member State to Member State but was not

sufficiently sound from a statistical point of view to
permit the construction of adequate data bases.

Using what was available, and supplementing this from
research work available from the demonstration

programmes and other Commission programmes, the
potential for new and renewables was estimated. For
example in the Commission's recent report on the major
themes in energy — a.long outlook of energy markets — a
view was presented on the potential growth of such

energy.

In this way the Commission was able to emphasize the
importance of new and renewables and to give
prominance to these in its policy programmes. Clearly
the current inadequacies in national reporting systems
should be overcome and, for this reason, DG XVII in
cooperation with the Statistical Office are studying the
problem.

An adequate data base will not be available before 1992.

Under the conditions of the confidentiality normally
given to certain data from the SOEC, access will be
granted as soon as possible.

WRITTEN QUESTION No 1459/90

by Mr Victor Arbeloa Muru (S)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 85/21)

_Subject:_ Illegal sales of works of art

How does the Commission view the establishment of a

stria system of controls to prevent the illegal sale of
works of art to third countries?

Answer given by Mr Bangemann
on behalf of the Commission

_(6 September 1990)_

The Commission would remind the Honourable Member

that it is up to Member States to protect their national
treasures possessing artistic, historic or archeological
value; they are entitled to take such action, _inter alia_ by
imposing export restrictions, provided that they observe
the limits established by Article 36 of the EEC Treaty and,
as far as exports to non-member countries are concerned,
comply with similar provisions laid down in Article XX of
GATT and Article 1 of Council Regulation (EEC)
No 2603/69 of 20 December 1969 (').

By its communication of 22 November 1989 on the
protection of national treasures possessing artistic,
historic or archeological value: needs arising from the
abolition of frontiers in 1992 ( [2] ), the Commission
initiated a dialogue with the Member States with a view to
ascertaining whether the impending completion of the
internal market calls for certain measures to be taken in

the area. As regards exports to non-member countries
in particular, the Commission outlined in points 32 to 37
of the communication the measures that could be

contemplated at the Community's external frontiers, but
has not for the time being indicated its preference for any
of the ideas put forward. The attitude it finally adopts will
largely depend on the outcome of current discussions
with the Member States.

(') OJ No L324, 27. 12. 1969, p. 25 (English Special Edition,

1969 (II), p. 590).
( [2] ) COM(89) 594 final.

WRITTEN QUESTION No 1466/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(13 June 1990)_

(91/C 85/22)

_Subject:_ Euratom safeguards report: Man-day
inspections in each Member State

Regarding table 11.4 of the report on the operation
of Euratom safeguards SEC(90) 452 final, will the
Commission set out:

No C 85/10 Official Journal of the European Communities 28. 3. 91

what proportion or percentage of the man-day inspection
effort was devoted to each of the Community Member
States;

how many of the 1 705 man-days inspection effort for
reprocessing were devoted to (a) United Kingdom; (b)
France; (c) Federal Republic; (d) Belgium;

how many of the 849 man-days inspection effort for
storage installations were devoted to each Member State
respectively; and will the Commission list these facilities
by Member State?

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

_(26 July 1990)_

The inspection effort spent in 1988 by E.uratom at
installations in the European Community can be
apportioned by Member State as follows:

Belgium 7,8 %
Denmark 0,4%
Federal Republic of Germany 32,4 %
Greece <0,1%
Spain 2,6%
France 21,7%
Ireland <0,1%
Italy 2,7%
Luxembourg 0,0%
Netherlands 1,9%
Portugal <0,1%
United Kingdom 28,9%
CEC 1,2%

The inspection effort spent in 1988 by Euratom for
reprocessing (including related activities) may be
apportioned to:

Belgium 0,5%
Federal Republic of Germany 15,4%
France 33,5%

  - United Kingdom 49,3%

The inspection effort spent in 1988 by Euratom at storage
installations in the European Community can be
apportioned by Member State as follows:

Belgium 4,0%
Denmark 0,7%
Federal Republic of Germany 39,4 %
Greece 0,0%.
Spain <0,1%
France 19,2%
Ireland 0,0%
Italy 2,2%
Luxembourg 0,0%
Netherlands 0,0 %
Portugal <0,1%
United Kingdom 30,2 %
CEC 4,0%

In this context, the Commission refers the Honourable
Member to its reply to Written Question No 1346/90 by
Mr Smith ( [l] ).

O OJNoC35,11.2.1991, p. 20.

WRITTEN QUESTION No 1477/90

by Mr Reinhold Booklet, Mr Honor Funk, Mrs Hedwig
Keppelhoff-Wiechert, Mr Joachim Dalsass (PPE)

to the Commission of the European Communities

_(13_ _June 1990)_

(91/C 85/23)

_Subject:_ Uniform on-farm animal inspection procedures
in the EC

The use of beta-blockers for fattening calves is forbidden
in the Community. However, on examining carcases from
the Netherlands and Belgium, experts have come to the
conclusion that beta-blockers are being used extensively
in these countries. Calves which have been fattened by
normal methods cannot compete with them on the
market. They are classified as 'dog food' by
slaughterhouses and purchased at greatly reduced prices.
This means that breeders are faced with the choice of

ceasing their activities or using the illegal growth
stimulants. Since regular inspections are carried out in the
Federal Republic of Germany (for example), breeders
who break the law in that country run a much greater risk
of being caught than in other Member States. As a result,
breeding activities tend to gravitate towards those areas in
which inspections are infrequent or non-existent.

1. Is the Commission aware that no spot checks are
carried out in the Netherlands, that the inspections are
timed so as to respect the weaning periods considered
necessary by the experts (12 days prior to slaughter)
and that no results are forthcoming from these
inspections?

2. What steps will the Commission take to prevent the
use in calf feed of beta-blockers, the presence of
which can only be detected in live animals?

3. What steps does the Commission intend to take to
ensure uniformity of on-farm animal inspection
procedures in the Member States?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(16 November 1990)_

Beta-blockers are veterinary medical products used in the
Community to treat certain respiratory complaints and
prepare for obstetric operations. In this they are covered
by Council Directive 81/851/EEC on the approximation
of the laws of the Member States relating to veterinary
medicinal products (') and may not be marketed without
prior authorization by the national authorities.

As additives in feedingstuffs they are not however
authorized for use in the Community by Council
Directive 70/524/EEC ( [2] ) and cannot therefore be used
as growth promotors.

28. 3. 91 Official Journal of the European Communities No C 85/11

The Commission has secured agreement from the
Member States to include from 1989 onwards
beta-blockers, in particular clenbuterol, in the plans for
examination for residues in animals and fresh meat
transmitted every year pursuant to Article 4 of Council
Directive 86/469/EEC ( [J] ).

These plans are discussed by the Standing Veterinary
Committee and the Member States have exchanges views
on beta-blockers on numerous occasions.

Under the national plans approved by the Commission at
least 300 samples must be taken annually by each Member
State to make checks for clenbuterol and possibly other
beta-blockers.

It is up to each Member State to decide whether samples
should be taken from live animals on the farm or dead
beasts at the slaughterhouse. The Commission shares the
Honourable Member's opinion that live farm animals
should be included.

Under Article 5 of Directive 86/469/EEC the
Commission has began a survey in the Member States to
check that Community legislation on the use of hormonal
substances and on examination for residues is being
uniformly applied.

Commission experts are accompanying national officials
on visits to farms and inspecting sampling procedures.

The survey has commenced in Belgium and will extend to
all Member States. In the case of the Netherlands detailed
information will be sought on all aspects of inspection
procedures.

O OJNoL317,6.11.1981,p. 1.
O OJNoL270,14.12.1970, p. 1.
O OJNoL275,26.9.1986, p. 40.

WRITTEN QUESTION No 1479/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(13 June_ _1990)_

(91/C 85/24)

_Subject:_ Practice of law as a profession

1. Is it true that the practice of law throughout the
Community falls under subparagraph (d) of the second
paragraph of Article 60 of the EEC Treaty (activities of
the professions) ?

2. Has the Community drawn up any basic rules for the
practice of law as a profession and if so, what are they?

3. Is the implementation of freedom of movement for
lawyers giving rise to any problems, for example in respect
of competition and advertising/information?

4. What role would professional ethics have in art
appropriate set of competition rules for lawyers?

5. Does the Commission agree that greater freedom of
competition is largely incompatible with professional
ethics?

Answer given by Mr Bangemann
on behalf of the Commission

_(22 August_ _1990)_

1. As a self-employed activity tarried on for a
consideration, the profession of lawyer falls under both
Article 52 and Article 59 of the EEC Treaty.

2. The main obstacles to the free movement of lawyers
were firstly, the nationality conditions laid down under
national laws and secondly, problems associated with the
recognition of professional qualifications.

The first obstacle was removed by the Court of Justice in
its judgments in Case 2/74 _Reyners_ and Case 33/74 _van_
_Binsbergen_ (').

The second obstacle, involving freedom to provide
services, was removed by Directive 77/249/EEC of 22
March 1977 to facilitate the effective exercise by lawyers
of freedom to provide services ( [2] ).

Persons wishing to establish themselves on a
self-employed basis in a Member State will be able to do
so under the Directive 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 ( [3] ).

This Directive will take effect on 4 January 1991.

3 and 4. It is possible that other obstacles exist and that
the differences between ethical standards could in specific
cases cause certain difficulties for lawyers engaged in
cross-frontier activities. It should however be pointed out
that ethical standards are generally drawn up by the
members of the profession themselves or by the public
authorities in close cooperation with the profession.

In this connection, the Commission welcomes the fact
that the Council of the Bars and Law Societies of the
European Community has drawn up a 'Code of conduct
for lawyers in the European Community'.

As matters stand at present, the Commission does not see
a need to intervene in the area of codes of ethics.

No C 85/12 Official Journal of the European Communities 28. 3. 91

5. The Commission does not share the opinion of the
Honourable Member in so far as codes of ethics meet
general needs.

O [1974] ECR631 and 1299.
( [2] ) OJNoL78,26.3.1977, p. 17.
O OJNoL 19,24.1.1989.

WRITTEN QUESTION No 1486/90

by Mr Jean-Claude Pasty (RDE)

to the Commission of the European Communities

_(13 June_ _1990)_

(91/C 85/25)

_Subject:_ Spread of bovine spongiform encephalopathy in
the United Kingdom

Reports are currently appearing in the British press
concerning a large increase in the number of cattle
affected by bovine spongiform encephalopathy and
expressing fears at the danger to human health in the
Community which would result from the spread of this
disease.

1. Is it true that beef has been totally or partially banned
for consumption by schoolchildren in certain British
cities such as Liverpool and by a large number of
school canteens elsewhere?

2. What steps have been taken by the Member States, on
the basis of their responsibility for public health, to
restrict imports of livestock, beef and veal and
sheepmeat from the United Kingdom?

Which Member States have taken such precautions
and what specific measures have they adopted?

3. What measures does the Commission intend to take at
Community level to prevent the spread of this
epizootic disease within the United Kingdom and to
stop it spreading to other Member States?

4. On the basis of available scientific data, can the
Commission confirm that this illness, which affects
sheep and cattle, cannot be contracted by humans?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(19 November 1990)_

1. The Commission has been informed that about 20
regional authorities have banned the use of British beef in
school meals.

2. The Commission was informed on 31 May 1990 that
the French authorities had banned the importation of all
live cattle, beef and products containing beef from the

United Kingdom. Similar measures relating to beef and
products were later announced by Italy and the Federal
Republic of Germany. No measures were taken against
sheep and goats or their products.

3. The Commission, after consultation with the
Scientific Veterinary Committee, adopted the following
measures on 8 June 1990 in relation to intra-Community
trade.

(a) a ban on cattle over six months of age from the
United Kingdom, coupled with a reinforced system
of identification of cattle under this age,

(b) a ban on bone-in beef from herds in the United
Kingdom affected by BSE during the previous two

years,

(c) a requirement that boneless beef from the United
Kingdom would have all obvious nervous and
lymphatic tissue removed before export.

These measures reinforce the controls covered by
Commission Decisions taken earlier this year.

Furthermore, the Commission is studying the situation
with respect to the feeding of meat and bone meal to
animals, from the point of view of avoiding further risk
from this source in other Member States. In this regard, a
pilot plant study has been planned, in cooperation with
the United Kingdom and European Renderers
Association.

The Commission is in continual contact with the UK

authorities about the measures taken. It is satisfied that
the main elements of control have been applied.

4. The Scientific Veterinary Committee has studied the
evidence on several occasions, most recently on 6 June
1990, when it confirmed its previous opinion, namely,
that the risk of BSE being transmissible to humans is
remote, and that meat from the United Kindom is not
considered to be a danger to public health.

WRITTEN QUESTION No 1594/90

by Mr Herman Verbeek (V)

to the Commission of the European Communities

_(2 July_ _1990)_

(91/C 85/26)

_Subject:_ Construction of a harbour on the Rysumer
Nacken

Recently the government of Lower Saxony (FRG)
decided to replace plans for a port at Dollard by a port
complex on the more northerly Rysumer Nacken.

28. 3. 91 Official Journal of the European Communities No C 85/13

1. Does the Commission have any financial involvement
with this project?

2. Is the Commission ensuring that an environmental
impact assessment will be carried out before any
building begins, in accordance with the Community
directive on the subject?

2. How does the Commission view economic prospects
in this area, in view of the proximity of other big
seaports (Rotterdam and Hamburg) and the fact that
Eemshaven, about 10 kilometres to the west in the
Netherlands, has never properly developed?

4. How many hectares of unutilized industrial estates are
attached to seaports in the Community?

Answer given by Mr Van Miert
on behalf of the Commission

_(22_ _November_ _1990)_

The Commission is not aware of any such proposal, and
has received no request for financial support. It should be
noted that no financial support is available for port
investment in this area and that ports, unlike inland
investments, are still not subject to Community
consultation. The Commission has proposed the inclusion
of ports and airports in the existing consultation
procedures applicable to inland projects ('). The Council
has not yet adopted this proposal ( [2] ).

As regards environmental requirements, this type of
major infrastructure project is subject to Council
Directive 85/377/EEC of 27 June 1985 and an
environmental impact study must be carried out ( [3] ).

In considering the economic prospects of any such
development, the promoters will naturally need to take
realistic account of the existence of other sea ports on
neighbouring coastlines.

Information on the amount of wasteland in port industrial
areas could be obtained only with great difficulty.

(') OJ No L 54,25. 2.1978.
O OJNoC34,10.2.1989.
O OJNoL 175,5.7.1985.

WRITTEN QUESTION No 1595/90

by Mr Herman Verbeek (V)

to the Commission of the European Communities

_(2 July_ _1990)_

(91/C 85/27)

_Subject:_ Birth defects in cattle since the Chernobyl
disaster

1. Is the Commission aware that in many regions of the
Community numerous serious birth defects have been
noted in farm animals, particularly calves, lambs and
foals, since the Chernobyl nuclear disaster?

2. Does the Commission have statistics or other data

on the extent to which these defects have occurred?

3. Can the Commission provide recent figures on the
caesium content of produce from Community farms and
market gardens harvested last year or otherwise show to
what extent caesium is still present in the food chain as a
result of Chernobyl?

4. If not, will the Commission carry out or commission
an in-depth investigation into the subject?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(26 September 1990)_

1 and 2. Congenital abnormalities occur naturally in all
animal species including cattle. The Commission is not
aware of any evidence supporting any increased incidence
of this phenomenon which could be attributable to
radiation exposure in the Community resulting from the
Chernobyl accident. Indeed, at the levels of exposure
encountered no detectable increase is to be expected.

3 and 4. The information available to the Commission
concerning contamination by Caesium-134 and -137 of
agricultural products harvested in 1989 in Member States
indicates that in nearly all the affected areas the
concentrations of these isotopes have returned to or are
approaching their pre-Chernobyl levels.

WRITTEN QUESTION No 1662/90

by Mr Victor Arbeloa Muru (S)

to the Commission of the European Communities

_(4 July_ _1990)_

(91/C 85/28)

_Subject:_ Information on aid to the Third World

Could the Commission not make a special effort to
publicize the aid of all kinds which it supplies to the

No C 85/14 Official Journal of the European Communities 28. 3. 91

countries of the Third World, as the best means of
encouraging public and private Community initiatives of
every kind in this area?

Answer given by Mr Marin
on behalf of the Commission

_(14 November 1990)_

With the limited resources at its disposal the Commission
makes every effort to keep the public informed about the
Community's policies and operations on aid for, and
cooperation with, developing countries. To this end it
uses many channels of communication ranging from
regular and rapid information for the media on
emergency actions, to the publication and distribution of
general and specific reports on the various types of aid
granted and the financing of media activities and
campaigns to make the public more aware of the problems
of the developing world.

In this connection two instruments deserve special
mention:

— the ACP-EC Courier, a bi-monthly publication widely
distributed in Europe and the ACP countries, which
gives detailed information on all aspects of
cooperation between the Community and ACP
countries,

— the programme involving the co-financing of actions
by non-governmental organizations to raise public
awareness. The main feature of this programme is that
it has very direct access to the selected target groups.

The Commission is aware of the fact that, although its
information activities have been stepped up in the last few
years, an even greater effort is required to make them
more effective. If sufficient budget appropriations are
made available for the purpose, the Commission will seek
gradually to acquire the instruments and resources it
needs for the purpose.

WRITTEN QUESTION No 1683/90

by Mrs Guadalupe Ruiz-Gimenez Aguilar (LDR)

to the Commission of the European Communities

_(4 July_ _1990)_

(91/C 85/29)

_Subject:_ Fishery agreements between the Community and
Latin America

Can the Commission answer the following questions
regarding fishery agreements between the European
Community and the countries of Latin America;

What agreements are there?

What are the characteristics of these agreements?

What countries do they benefit?

What amounts are involved?

If there are no actual fishery agreements, what kind of
arrangements exist between the EEC and Latin America?

Answer given by Mr Marin
on behalf of the Commission

_(30 October 1990)_

The Community has not yet concluded any fisheries
agreements with Latin American countries but the
Commission has completed preparatory work, studies
and exploratory conversations with a view to the
conclusion of agreements and a negotiating directive is in
process of adoption by the Council covering Argentina,
Chile, Colombia, Mexico, Peru and Uruguay.

There are cooperation agreements, either bilateral or
regional, with all the countries except Cuba, Chile and
Paraguay, and for the latter two the procedure for
signature of an agreement are being finalized. The
agreements already in existence specifically mention
fisheries as a possible area for economic cooperation.

The Commission has financed preparatory studies and is
preparing to grant financial aid of approximately ECU
13 million for a regional fisheries development project
involving the six countries of the Central American
isthmus: Costa Rica, Panama, Guatemala, Nicaragua,
Honduras and El Salvador.

WRITTEN QUESTION No 1685/90

by Mr Dider Anger (V)

to the Commission of the European Communities

_(5 July_ _1990)_

(91/C 85/30)

_Subject:_ Post A 2 COM/50/90

Can the Commission say:

1. how many grade A3 officials there were at 1 June
1990?

2. whether, in general, it considers these grade A3
officials to be competent?

3. if so, whether it can explain why it is taking steps to fill
post No COM/50/90 (published in Notice of
Vacancy No 18 of 11 June 1990) in DG XXIII/B for a
director responsible for Community measures for the
benefit of companies? This is admittedly correct
procedure, but is the aim not to exclude A3 officials
and give the post to a grade 4 official in Mr Cardoso e
Cunha's office?

28. 3. 91 Official Journal of the European Communities No C 85/15

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

_(26 September 1990)_

1. On 1 July 1990 the Commission had in its service 385
grade A3 officials.

2. Yes. The competence of the A3 officials matches
the high level of performance and qualification which
the Commission is entitled to expect of officials in
management or advisory posts.

3. On 11 July 1990 the post was filled, in accordance
with the statutory procedures, by a Commission official
seconded under Article 37 of the Staff Regulations to Mr
Cardoso e Cunha's Cabinet where he had worked as an

Adviser.

The Honourable Member's attention is drawn to the fact

that when the post in question was advertised to the staff
as a whole, no applications were received from any A3
officials at the Commission.

WRITTEN QUESTION No 169S/90

by Mr Michael Welsh (ED)

to the Commission of the European Communities

_(5 July 1990)_

(91/C 85/31)

_Subject:_ Environmental impact assessment in Coto
Donana

Have environmental impact statements been prepared for
projects for development in the Coto Dofiana Park, in
south-west Spain, which are assisted by the Regional
Development Fund and what conclusions were reached?

Answer given by Mr Millan
on behalf of the Commission

_(12 September 1990)_

The ERDF staff have not received any applications for
assistance for the development projects referred to by the
Honourable Member, either as individual schemes or as
part of an operational programme.

The Commission is not able to say if an application will be
sent in by the Spanish authorities in the future.

WRITTEN QUESTION No 1708/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(5 July 1990)_

(91/C 85/32)

_Subject:_ Illegal trade in seal skins

Is it the case that an illegal shipment of 1 200 sealskins was
made in 1986, from the UK to Italy, in spite of the ban on
trade in baby seal skins; and if so, will the Commission
provide information as to who dispatched this shipment,
on which date and from which port? Is it possible to see
copies of customs documents?

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

_(5 October 1990)_

As the shipment of 1 200 baby seal skins from the United
Kingdom to Italy in 1986 would indeed have been an
infraction of Council Directive 83/129/EEC ( [l] ), the
Commission investigated the matter in 1988.

It found that the shipment concerned consisted of 1 200
lamb skins, erroneously entered into the Italian import
statistics under heading 4301.21 instead of 4301.22.

In this context the Commission would refer the

Honourable Member to its reply to Written Question
No 689/89 O by Mrs Larive.

(*) OJNoL91,9.4.1983, p. 30.
(*) OJNoC28,4.2.1991, p. 1.

WRITTEN QUESTION No 1769/90

by Mr Luciano Vecchi (GUE)

to the Commission of the European Communities

_(12 July 1990)_

(91/C 85/33)

_Subject:_ Implementation of the Community's Touth for
Europe' programme in Italy

It is a disgrace that implementation of the Community's
Touth for Europe' programme has been held up for
months in Italy and has never really got off the ground.

This situation, for which the Italian Government alone is
responsible, is causing immense difficulties for both
Italian Youth organizations and their Community
partners.

No C 85/16 Official Journal of the European Communities 28. 3. 91

In view of this:

1. How does the Commission propose to prevail upon
the Italian Government to enable the Touth for
Europe' programme to be implemented in Italy too?

2. As regards the proper functioning of this programme
at Community level, would the Commission provide
an assessment of the harm caused by Italy's failure to
act?

Answer given by Mrs Papandreou
on behalf of the Commission

_(26 September 1990)_

The Commission is strongly urging the Italian authorities
responsible for youth exchanges to take immediate steps
to ensure that the Italian national agency handling the
Touth for Europe' programme can operate properly.

In the meantime the Commission has decided to
administer itself certain aspects of the programme which
would normally have been administered by the Italian
national agency.

The Commission has also requested the cooperation of
the other national agencies to enable those young people
hoping to participate in exchanges to or from Italy to
do so without suffering as a result of the temporary
difficulties facing the Italian national agency.

WRITTEN QUESTION No 1792/90

by Mrs Johanna-Christina Grand (DR)

to the Commission of the European Communities

_(13 July_ _1990)_

(91/C 85/34)

_Subject:_ Pregnancy and maternity legislation applying to
European Community staff

Can the Commission provide detailed information
concerning pregnancy and maternity legislation
applicable to permanent, temporary and other staff
employed by the institutions of the European
Community?

1. Can it quote the references for the relevant pregnancy
and maternity legislation in the _Official_ _Journal_ _of the_
_European_ _Communities f_

2. Can it say what conditions must be fulfilled and what
periods of notice must be given to ensure that EC staff

are protected from wrongful dismissal during
pregnancy and maternity leave?

3. Can it give details of the special allowance for
expectant and nursing mothers in the above three
categories of employment ?

4. Can it give a comparative assessment of the relevant
national and Community legislation with reference to
protection of the rights of the unborn child (absolute
protection against dismissal, length of maternity leave,
level of benefits, medical care) ?

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

_(26 November 1990)_

1. In addition to the leave provided for in Article 57 of
the Staff Regulations, pregnant women are entitled, on
production of a medical certificate, to leave beginning six
weeks before the probable date of confinement shown on
the certificate and ending 10 weeks after the date of
confinement. Such leave may not be of less than 16 weeks'
duration.

2. The Regulations and Rules applicable to officials
and other servants of the European Communities make
no special provision for pregnant women on maternity
leave whose service is terminated or whose employment
contract expires, except in the case of temporary staff
engaged for an indefinite period. Article 47 (2) (a) of the
Rules applicable to other servants stipulates that the
period of notice required under this type of contract (a
minimum of 15 days and a maximum of three months)
may not begin to run during a period of maternity leave.

3. There are no special allowances for expectant or
nursing mothers since they are entitled to full pay and
allowances during maternity leave and since medical and
hospital costs are borne by the European Communities'
sickness insurance scheme, subject to the usual ceiling
(85%). Furthermore, under Article 74 of the Staff
Regulations, a childbirth grant of Bfrs 8 000 is paid.

4. As regards the statutory provisions of the Member
States regarding protection for pregnant women, the
Commission is sending direct to the Honourable Member
and Parliament's Secretariat tables containing
information on the various points raised. At Community
level, in September 1990, the Commission presented a
proposal for a Directive concerning the protection at
work of pregnant women or women who have recently
given birth ('). Under the proposed Directive the
dismissal of women for reasons of pregnancy or
childbirth would be prohibited for a period beginning at
the start of pregnancy until the end of the period of
maternity leave, a minimum of 14 weeks' maternity leave
would be granted and women would have the right to

28. 3. 91 Official Journal of the European Communities No C 85/17

attend medical examinations without loss of wages where
such examinations can only be undergone during working
time.

O COM(90)406.

WRITTEN QUESTION No 1833/90

by Mr Jose Valverde L6pez (PPE)

to the Commission of the European Communities

_(20 July_ _1990)_

(91/C 85/35)

_Subject:_ Failure by Italy and the Federal Republic of
Germany to implement the directive on certain
activities in the field of pharmacy

In April 1989 the Commission gave reasoned opinions on
the failure by Italy and the Federal Republic of Germany
to communicate the measures taken to implement Council
Directive 85/432/EEC O of 16 September 1985
concerning the coordination of provisions laid down by
law, regulation or administrative action in respect of
certain activities in the field of pharmacy. What is the
present situation? What implementing measures have
been taken?

O OJNoL253,24.9. 1985, p. 34.

Answer given by Mr Bangemann
on behalf of the Commission

_(3_ _October 1990)_

In response to the reasoned opinion addressed to it by the
Commission in 1989, Italy gave notification of a Decree
of the President of the Republic incorporating Directive
85/432/EEC into national law. The Commission will be
taking a decision within the next few days on the
compatibility of the measure in question.

For its part, the Federal Republic of Germany
communicated to the Commission the Law of 23 July
1988, which similarly embodies the above Directive. After
examining the matter, the Commission has decided to
take no further action.

WRITTEN QUESTION No 1840/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(20 July_ _1990)_

(91/C 85/36)

_Subject:_ Aid for the film industry

In order to support the film industry, which is facing a
crisis in certain Community Member States, what
measures does the Commission intend to take to help

European films to gain access to the American market,
where there is de facto cultural protectionism ?

Answer given by Mr Dondelinger
on behalf of the Commission

_(28 November 1990)_

Almost 80% of films go no farther than the frontiers
of their country of origin, while an average of 60% of
film distribution circuits in Europe are controlled by
companies of American origin.

The European Film Distribution Office (EFDO) was set
up under the MEDIA Programme to extend the
distribution of European films. From its original aim
of providing European productions with a genuine
European market, EFDO is planning to broaden its
activities to cover markets outside the Community and in
particular the American market, where the distribution of
European films in cinemas has actually fallen (215 films in
1968 against 83 films in 1989).

It would seem from EFDO's preliminary soundings in the
United States that:

— the share of the American market taken by European
films could be increased, despite the high cost of
launching a film and problems relating to the linguistic
diversity of European productions,

— to do so, it would be necessary to establish a presence
and to conduct a continuous public relations
campaign; this would be easier if a permanent body
were set up to represent European cinema in the
United States.

In its Action Programme to promote the development of
the European audiovisual industry 'Media' (1991-1995),
submitted to Parliament and the Council, the
Commission proposes 'measures to promote European
films outside the Community (offices for the promotion
of European films and television programmes, group
presence at festivals and fairs)' (').

0 COM(90) 132 final.

WRITTEN QUESTION No 1846/90

by Mr Hemmo Muntingh and Mr Eisso Woltjer (S)

to the Commission of the European Communities

_(20 July_ _1990)_

(91/C 85/37)

_Subject:_ Reduced herring TAC

1. Does the Commission agree that the reduced
herring TAC in 1990, and probably in 1991, too, is a

No C 85/18 Official Journal of the European Communities 28. 3. 91

direct result of the large catches of young herring in
previous years?

2. Is it the Commission's view that given the low
numbers of the 1987-89 generations there is currently an
additional need for protection of young North Sea
herring?

3. Is the Commission aware that large numbers of
young North Sea herring are being caught in the
Skagerrak and Kattegat within the sprat TAC of 65 0001?
Would it not be advisable to set the TAC for the industrial

fishing of sprat in this area at zero if the catch in fact
consists of herring?

4. Is the Commission aware that in 1989 fishermen

reported large-scale Danish fishing of young herring in
the North Sea for fishmeal purposes despite a ban?

5. Is the Commission aware that in 1989, after repeated
reports by Dutch investigators, the Dutch authorities
took aerial photographs of boats fishing for fishmeal
purposes in the North Sea?

6. What was the result of the action by the Dutch
authorities?

7. Does the Commission realize that the offshore

monitoring of fishing for fishmeal purposes is far from
satisfactory: there is either illegal fishing or fishing for
industrial purposes with unacceptably large incidental
catches of young fish which would be fit for human
consumption at a later date?

8. Is the Commission aware of the opinion of herring
biologists that in recent years fishing for North Sea
herring has resulted in the potential benefits of a number
of high-population generations disappearing into
fishmeal factories? Consequently, there are at present
only small buffer stocks of adult herring in the North Sea.

9. Is the Commission prepared to incorporate in future
quota proposals a negative compensation factor for the
fishing nation which, with its unnecessary incidental
catches of undersized fish or outright illegal fishing for
fishmeal purposes, is responsible for catches in excess of
the TAC of what will become useful fish (in particular
herring), suitable for human consumption?

10. Is the Commission prepared to give consideration
to a total ban on catching fish intended for fishmeal?

Answer given by Mr Marin
on behalf of the Commission

_(15 November 1990)_

1.2.8, According to the most recent scientific advice
given by the Advisory Committee on Fishery

Management (ACFM) of the International Council for
the Exploration of the Sea (ICES) in its report of May
1990: T h e Spawning Stock Biomass (SSB) (of North Sea
herring) is now estimated to be at its highest level since
recovery of the stock in the early 1980s. However, due to
high fishing mortality since 1984 and the continuing high
level of juvenile catches, its rate of increase has been
significantly retarded, and has not yet reached the
original target level of 1,5-2 million tonnes. Continued
fishing at current levels of fishing mortality will lead to a
decrease in SSB to below the minimum safe level of

800 000 tonnes by 1992'.

ACFM recommends that the fishing mortality should be
reduced in order to prevent a sharp decline in the SSB in
the next few years and that existing regulations designed
to protect juvenile North Sea herring should be
maintained.

The Commission will, based on this advice and on that of

the Scientific and Technical Committee for Fisheries

(STCF), formulate its proposals for 1991.

3. The Commission is aware that large numbers of
young North Sea herring are being caught in the
Skagerrak and Kattegat within the sprat TAC and
reported to the Council on this subject in its report 'The
sprat fisheries and their role in juvenile herring
catches' (').

4.5.6. The Commission has not been informed of these

matters.

7. Effective control of the fisheries is the responsibility
of the Member States. The Commission is aware of

weaknesses in the control at sea. In order to improve the
situation, the Council has made funds available to
Member States for improving their enforcement
means ( [2] ).

9. All Member States' fleets catch too much juvenile
fish; this has already led to all the quotas being lower than
they might be. This problem has been discussed by the
High Level Group of the Council and the outcome of this
debate is reflected in the latest Commission proposals on
technical measures which are intended to reduce the

catches of small fish.

10. The question of the utilisation of fisheries quotas
falls within Member State's responsibilities, according to
the terms of Regulation (EEC) No 170/83, Article 5,
paragraph 2.

O SEC(89) 1931 final.
O Council Decision 89/631 /EEC of 27 November 1989 —
OJNoL364,14.12.1989.

28. 3. 91 Official Journal of the European Communities No C 85/19

WRITTEN QUESTION No 1848/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 85/38)

_Subject:_ Insurance in respect of combined transport

Is the Commission aware that the rules on insurance and

liability in respect of combined transport are a serious
obstacle to its efforts to encourage such forms of
transport?

Is the Commission aware, for example, of the rules
relating to liability in respect of combined transport in the
Federal Republic of Germany (e.g. forwarding insurance
policy and cartage insurance policy), Switzerland and s
Austria?

Does the Commission not believe that rules on liability in
respect of customs and cargo, physical injury and effects
on the environment should be similar throughout the EC?

Does the Commission intend to introduce a uniform

system of insurance for transfrontier carriage of goods
regardless of the method of transport?

WRITTEN QUESTION No 1849/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 85/39)

_Subject:_ Transport insurance

Is the Commission aware that there are significant
differences between statutory national insurance
requirements for hauliers and forwarding agents and that
this constitutes a considerable non-tariff barrier to the

transport of goods within the Community?

Is the Commission aware, for example, that German
hauliers are obliged, pursuant to the KVO (regulations on
the transport of goods by road), to operate a limit of
DM 80 per kilo? In the United Kingdom, by contrast,
hauliers will usually operate the limit specified in the
Road Haulage Association's standard contract (£800 per
ton), and the rules on transport in France and Italy are
even more complex.

What action does the Commission intend to take to

eliminate these differences and to introduce inform rules

throughout the EC in respect of insurance for hauliers
and forwarding agents?

Joint answer to Written Questions Nos 1848/90

and 1849/90

given by Sir Leon Brittan
on behalf of the Commission

_(8 November 1990)_

As regards international transport, the liability of surface
carriers is governed by international conventions which

lay down uniform rules for each mode of transport
involved.

On the question of domestic transport, the Commission is
aware that there are differences between Member States

regarding liability arrangements (domestic transport in
Switzerland and Austria falls outside the Community's
field of competence).

These differences are not, however, very significant and
do not affect either the general interest or public health.

As far as insurance is concerned, Directive
88/357/EEC (') lays down that carriers may take out
insurance policies covering their liability with an insurer
established in any Member State. However, it also
stipulates that, when the Member State in which the
transport services are provided requires the carrier to take
out insurance in respect of his liability (as under the
Kraftverkehrsordnung (KVO) in Germany), the insurer
must comply with the specific rules regarding such
insurance laid down by the Member State in question.

Consequently, completion of the internal market will not
mean that there has to be complete harmonization of
national rules on carriers' liability and on insurance in
respect of such liability, and the Commission is not
proposing to undertake any action along these lines.

O OJNoL 172,4.7.1988.

WRITTEN QUESTION No 1858/90

by Mrs Jessica Larive (LDR)

to the Commission of the European Communities

_(20 July 1990)_

(91/C 85/40)

_Subject:_ Competition and the internal energy market

According to press reports the West and East German
ministers for energy are reaching a decision to grant one
transport undertaking the exclusive right to transport gas
on East German territory and that only West German
companies associated with this undertaking will have
access to the East German grid.

Are Community competition rules, particularly in the East
German energy sector and, more specifically, the gas
sector, being fully respected in connection with German
unification ensuring that no (new) obstacles to the
completion of the internal energy market are created?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(20 September 1990)_

The Commission is determined to strengthen competition
in the energy sector, including the gas market, and not to

No C 85/20 Official Journal of the European Communities 28. 3. 91

authorize operations prejudical to that _objective_ if it
transpires that they are likely to imperil the establishment
of sound competitive structures and to harm trade
between Member States.

In this connection, it has begun to look into the
acquisition, by Ruhrgas and a sister company, of 45 % of
Verbundsnetz Gas AG, to ascertain whether it is
compatible with the EEC rules of competition.

WRITTEN QUESTION No 1859/90

by Mr Lyndon Harrison (S)

to the Commission of the European Communities

_(20 July_ _1990)_

(91/C 85/41)

_Subject:_ Structural Funds and the environment

It has recently been reported _(Der_ _Spiegel_ No 16/1990)
that Community environment officials had only 10 days
to scrutinize the regional development plans for Spain,
Portugal and Greece, each of which was up to 500 pages
long, to establish whether it was possible that they would
contravene Community environmental legislation.

1. Is this report accurate ?

2. If not, how long did the Commission have to examine
the environmental implications of the plans?

3. How many staff work on the environmental screening
of applications for Structural Fund support?

4. If the report is accurate, how confident can the
Commission be that the plans will not lead to the
Community funding projects that result in
contravention of Community legislation on the
protection of sites of importance for wildlife?

Answer given by Mr Millan
on behalf of the Commission

_(5_ _November 1990)_

1. The information referred to by the Honourable
Member is not correct.

2. The regional development plans for regions lagging
behind in their development (Objective 1 under the
reform of the structural Funds) were forwarded to the
Commission by the Member States at the end of March
1989; this includes those for Spain, Portugal and Greece.

The plans were distributed as quickly as possible to all the
relevant Commission departments, which then began to
review and assess them.

The Commission formally drew up the Community
support frameworks based on these plans on 31 October

1989, with the exception of that for Greece. The Greek
support framework was not formally approved until 30
March 1990.

3. The examination of requests for aid from the
structural Funds from the point of view of the
environment is carried out jointly by the competent staff
of the structural Funds and the environment department.

4. In order to ensure that protection of the
environment is given proper weight in structural schemes,
all the Community support frameworks include specific
provisions on the subject. Under these provisions, the
Member States are required to provide relevant
information on schemes likely to have a significant
environmental impact.

When projects and operational programmes
implementing the CSFs are submitted to the Commission,
the Member States must supply a description of the
measures being proposed to avoid, reduce or offset
potential major negative effects on the environment. The
Commission also looks at the procedures followed at
national level to evaluate individual projects during
programme execution so that it can check that
Community rules are being observed, including those on
the environment.

WRITTEN QUESTION No 1888/90

by Mrs Marie Jepsen (ED)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 85/42)

_Subject:_ Commission's use of services provided by private
financial institutions

To what extent does the Commission make use of the
financial services of private banks in connection with the
transfer of funds and the investment of surplus liquidity in
bank deposits or securities?

Does it have local bank accounts in all Member States
and, if so, are they chosen in accordance with Community
guidelines on the public procurement of services,
including financial services?

1 Answer given by Mr Schmidhuber
on behalf of the Commission

_(15 November 1990)_

The bulk of the Commission's liquid assets are held by the
treasuries or central banks of the Member States free of
interest.

28. 3. 91 Official Journal of the European Communities No C 85/21

In implementing the budget, the Commission makes use
of public or private financial institutions to make transfers
to outside creditors or to other Community institutions.

The funds needed to make payments are kept on current
accounts opened by direct negotiation or, more recently,
on the basis of invitations to tender. The outside
consultants who are currently looking at the management
of the Commission's funds will also be reporting on the
value of these practices.

WRITTEN QUESTION No 1891/90

by Mr Joachim Dalsass (PPE)

to the Commission of the European Communities

_(2 August_ _1990)_

(91/C 85/43)

_Subject:_ Drawing up a charter of ethnic rights

In recent years there has been increasing pressure for a
charter of the rights of ethnic groups to be drawn up.

The existence of ethnic groups is increasingly coming to
be regarded as a source of enrichment for the countries
concerned, which are, accordingly, being called on to take
the necessary measures to maintain and protect such

groups.

It is now generally recognized that minority languages
and cultures are a reflection of the richness and vitality of
European civilization and deserve to be preserved and
encouraged.

However, to date no charter of ethnic groups has been
drawn up, although in view of the strong resurgence of
national awareness, particularly in Central and Eastern
Europe, this is now particularly necessary in order to nip
in the bud any possible sources of tension.

While steps are currently being taken in this direction in
the European Parliament, does not the Commission
consider that it is appropriate and necessary, in view of
current developments throughout Europe, to draw up its
own proposal for a charter of ethnic groups, which could
serve as a model for the preservation and protection of the
various ethnic groups?

Answer given by Mrs Papandreou
on behalf of the Commission

_(30 November 1990)_

European integration is based on respect for diversity and
the principle of non-discrimination, which also implies

respect for the identity of all European citizens regardless
of ethnic or cultural orgin.

The Commission does not at present plan to propose a
charter of the rights of ethnic groups. On the other hand,
it is keeping a close watch on work being carried out by a
Council of Europe body on a proposal for a European
charter for regional or minority languages, and work on
the human dimension carried out in the context of the
Conference on Security and Cooperation in Europe.

WRITTEN QUESTION No 1898/90

by Mr "Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(2 August_ _1990)_

(91/C 85/44)

_Subject:_ The Federal Republic of Germany and the
Structural Funds

Does the Commission consider it fair that over 45 % (soon
to be 38%) of the population of the FRG, the richest
Community Member State, is included in one or other of
the Structural Fund objectives?

Answer given by Mr Christophersen
on behalf of the Commission

_(8 November 1990)_

The Federal Republic of Germany's Objective 2 and 5 (b)
areas (there are no Objective 1 areas) were designated in
accordance with Article 9 (2) (Objective 2) and Article
11 (2) (Objective 5 (b)) of Council Regulation (EEC) No
2052/88 ( [l] ), which specify the criteria for eligibility for
these areas. The eligibility criteria were applied to all
Member States concerned in the same way, ensuring the
selection of areas with the most significant restructuring
and development problems.

Berlin was added to the list of Objective 2 areas under
Article 9 (5) of Regulation (EEC) No 2052/88.

The eligible areas under Objectives 2 and 5 (b) cover a
total population of 11,63 million in the Federal Republic,
representing 18,7 % of its population.

(') OJNoLl85,15.7.1988.

No C 85/22 Official Journal of the European Communities 28. 3. 91

WRITTEN QUESTION No 1922/90

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(2 August_ _1990)_

(91/C 85/45)

_Subject:_ Effects of drift nets on protected species in the
Atlantic

Does the Commission know of any specific studies
detailing the effects of drift nets on protected species in
the Atlantic, like the ones concerning the Pacific and the
Mediterranean?

If so, does the Commission feel that in order to eliminate
these effects it would be sufficient to make simple
improvements to technical conditions for their use (the
length of nets, immersion depth, mesh size, etc.) or does
more need to be done?

If not, can the Commission say whether any studies have
been carried out on secondary catches showing some
correlation between catches in the Atlantic and the other

oceans or seas in the world?

Does the Commission also know about the study on this
subject published in the _International Whale Bulletin_
according to which French nets are responsible for killing
large numbers of dolphins in the Bay of Biscay? What
does it think about this?

Finally, does the Commission have any evidence that
midwater trawl nets in particular are responsible for
killing dolphins?

Furthermore, it has been observed that the number of
dolphins washed up on the French coast has been
increasing over the last few years, particularly in the
months of January and February, which are outside the
fishing season. Does the Commission not consider that it
should launch a research campaign to discover the causes
of these problems?

Answer given by Mr Marin
on behalf of the Commission

_(30_ _October 1990)_

The Commission is aware of the impact that the use of
drifting gill-nets might have on marine mammals. The
Commission is not in possession of the studies referred to
by the Honourable Member. Nevertheless, a study has
been financed by the Commission (the results of which
are expected soon) on the combined effects of different
gear types in the fishing of albacore in the North-East
Atlantic. This may well give information on the
by-catches of the gear types. For the time being, the
Commission is examining the possibility of banning the
use of these nets while fishing for tuna in the Atlantic.

The Commission must wait for the results of the various
studies underway before assigning any responsibility for
the mortality of the dolphins to any gear.

The Commission recognizes the need to examine these
problems. A project concerning the effects of fishing
operations (in particular gill-nets) on EEC marine
environment has also been undertaken, of which the final
report will be ready soon.

WRITTEN QUESTION No 1934/90

by Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 85/46)

_Subject:_ Twinning arrangements between European
Community and Third World cities

Following the measures taken by the Community to
promote the twinning of cities in the Community of
Twelve and in view of the results obtained, it cannot be
denied that one possible means of putting into practice
cooperation with the poorest Third World cities where
living standards are the lowest would be to promote at
Community level the twinning of European Community
cities with cities of Third World countries whose material
needs are particularly great.

Such twinning arrangements would enable wealthy cities
to contribute to development programmes and ensure that
they are carried out with a view to meeting the basic urban
needs of these Third World cities.

Does the Commission consider that it would be advisable
to propose a programme of action to support Third
World cities by encouraging twinning arrangements
between Community cities and those of the Third World
countries in question to ensure that the Community's
urban areas collaborate in the development programmes
of the poorest cities which lack the resources to meet even
their most basic need?

Answer given by Mr Delors
on behalf of the Commission

_(18 October 1990)_

Budget heading A 306 ('Town-twinning schemes in the
European Community') does not cover assistance to
towns in the Third World. The Commission is aware,

28. 3. 91 Official Journal of the European Communities No C 85/23

however, that for several years regions and municipalities
in a number of Member States have been planning to
cooperate with their counterparts in the Third World. It
welcomes these initiatives, which help to make people in
our part of the world more aware of the problems facing
the developing countries and their inhabitants.

The Commission does its best to encourage these
initiatives, e.g. by providing financial support for the
Towns and Development movement launched five years
ago by a large number of municipalities in the
Community. Like most of the NGO experts and
representatives of the municipalities, however, the
Commission feels that such cooperative schemes must be
prepared and implemented with the greatest care to
ensure that these newcomers to the field of development
cooperation do not commit the usual beginner's mistakes:
overambitious projects ill-suited to local conditions,
charitable assistance rather than the promotion of
self-help (distribution of schoolbooks, medicine, etc.),
inadequate monitoring of projects, and so forth.

The Commission therefore requires, when helping to
fund NGO schemes under budget heading 9410, that
operations initiated by regions or municipalities are
undertaken jointly with NGOs experienced in the
development field. Several joint operations of this kind
have been co-financed over the years and are still in

progress.

Within the ACP-EEC framework, the system of
decentralized cooperation established by the new Lome
Convention (Articles 20 to 22) should lead to an
expansion of twinning arrangements between local
authorities on both sides.

WRITTEN QUESTION No 1937/90

by Mr Yves Galland (LDR)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 85/47)

_Subject:_ Dairy quotas in mountain areas

While dairy quotas have helped to stabilize the dairy
market, in certain areas, for example mountain areas
whose economy is based on dairy farming, they have had
disastrous consequences. This is because the average
production of less-favoured areas is far below the
national average, that is to say 48 000 litres compared
with over 100 000 litres.

If agricultural activity, which is essential for the
preservation of economic and social life in mountain and

less-favoured rural areas, is to be stabilized, how can the
imposition of penalties on those who produce less than
60 000 litres be justified?

Could not the Commission consider ending the
imposition of penalties in respect of annual production of
less than 60 000 Hires of milk as an initial measure, to be
followed by the abolition of dairy quotas in mountain
areas?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(26 October 1990)_

The Commission does not share the Honourable

Member's opinion. Mountain areas in France have been
favoured by assignment of 12% of the delivery reference
quantities and 30 % of the direct sale reference quantities
although they accounted for only 9 % of the total French
milk collection prior to introduction of the additional
levy. The Commission is aware that milk production is an
essential activity for mountain areas, as this special
treatment, made possible by specific provisions in the
rules, demonstrates.

The Community's action in favour of mountain areas has
not been restricted to the additional levy but has been
extended and strengthened on the structural side: the
compensatory allowance for mountain areas, set on the
basis of natural handicaps, shows the Community's desire
to take account of the natural conditions of production
and ensure reasonable incomes for farmers in these areas.

The same Regulation contains other provisions in favour
of mountain areas. The rates of assistance for farm

improvement plans are increased and aid may be granted
for investment in tourist and craft facilities, vocational
training, and training centres. In addition,
implementation of the income aid scheme adopted last
year by the Council will, together with reform of the
structural Funds, allow more attention to be paid in future
to economic development and the adjustment of
agricultural structures in mountain areas.

Despite their specific character mountain areas cannot be
isolated from the Community market and exempted from
the constraints that excess supply imposes.

As the single market approaches, the Commission is
increasingly unable to contemplate even partial abolition
of the additional levy. It has on the other hand proposed,
and the Council has adopted, a Community programme
to buy back up to 500 000 tonnes of reference quantities
in lowland areas for redistribution to producers of less
than 60 000 kg, and 100 000 kg in mountain areas.
Member States who wish to do so can therefore support
milk production in mountain areas by assigning
additional quota made available from outside these areas

No C 85/24 Official Journal of the European Communities 28. 3. 91

to small producers up to a limit of 100 000 kg. This is a
further readjustment of the quota system in favour of
mountain areas going beyond the limits previously
possible under Community rules.

WRITTEN QUESTION No 1950/90

by Mrs Pasqualina Napoletano (GUE)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 85/48)

_Subject:_ National officials on secondment

1. How many national officials on secondment have
received temporary contracts over the last three years?

2. How many temporary contracts have been awarded by
nationality and by DG?

3. What were the recruitment procedures for temporary
staff?

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

_(6 December 1990)_

1. Between 31 July 1987 and 31 July 1990, 464 national
officials were seconded to the Commission. Of this
number, 12 were recruited by the Commission on
temporary contracts.

2. The breakdown is as follows:

Nationalities:

 - DG XXI: 1,

 - DG XXII: 1,

 - Cabinets: 1.

3. These temporary officials were employed under the
relevant provisions in the Staff Regulations in accordance
with the selection procedures established for the purpose.

The fact that the people concerned had previously been
seconded to the Commission under the arrangements for
the secondment of national officials does not disqualify
them from recruitment as temporary members of staff,
nor does it give them any priority over other candidates.

WRITTEN QUESTION No 2043/90

by Mrs Michele AUiot-Marie (RDE)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 85/49)

_Subject:_ Financial and tax aid to customs and forwarding
agents in difficulties

The forthcoming creation of the single European market
on 1 January 1993 will have serious consequences for
customs and forwarding agents since all intra-Community
trade formalities will disappear with the abolition of
frontiers and customs officers will only operate in ports
and airports that are open to trade from outside the
Community.

What measures is the Commission envisaging to assist
companies that, by all accounts, will have to make massive
staff reductions, incur large expense in redundancy pay
and early retirement schemes and possibly diversify into
other activities?

For the same reasons, what measures does the
Commission intend to take to enable these companies to
build up reserves other than those designed to meet social
and fiscal charges?

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

_(9_ _January 1991)_

The Commission would ask the Honourable Member to
kindly refer to its answer to Written Question No 770/90
by Mr Jackson O

In the context of the structural Funds, the Community
programme called Interreg was published in Official

Portugal

1

Ireland

3

Nether
lands

1

Germany

1

France

3

Italy

2

Greece

1

Directorates-General to which they were seconded:

- DG V: 2,

- DG VI: 1,

- DG XI: 2,

- DG XII: 1 (research budget),

- DG XIV: 1 (research budget),

- DG XVI: 2,

28. 3. 91 Official Journal of the European Communities No C 85/25

Journal No C 215 of 30 August 1990; under it, Member
States will be able to submit to the Commission, within a
period of six months, programmes concerning among
other things the training and employment of persons
whose jobs are affected by changes arising from the
completion of the internal market.

Were these programmes to involve State aids falling under
Articles 92 and 93 of the EEC Treaty, these would have to
be notified in advance to the Commission in accordance

with Article 93 (3).

(') OJNoC283,12.11.1990, p. 21.

WRITTEN QUESTION No 2049/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 85/50)

_Subject:_ Community subsidies for a rock concert

On Saturday, 21 July 1990 a rock concert, 'The Wall', was
held in Berlin to celebrate the fall of the Berlin wall.

Did the Commission help finance this event? If so, why
and what sums were involved?

WRITTEN QUESTION No 2484/90

by Mrs Birgit Cramon Daiber (V)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 85/51)

_Subject:_ Financial support for 'The Wall' concert staged
injury 1990 in Berlin

1. How much did the Commission pay to back "The
Wall' concert staged on 21 July 1990 in Berlin under the
direction of Roger Waters?

2. Why did this particular concert receive financial
support when the European Community otherwise does
very little to promote culture in Europe?

3. On what grounds did the Commission back this
concert which was:

— generally of a low standard

— very badly organized

— and particularly tasteless in its depiction of certain
aspects of German history?

4. What view does the European Community take of
its backing for such an extravagant and over-hyped
concert?

Joint answer to Written Questions Nos 2049/90

and 2484/90

given by Mr Delors
on behalf of the Commission

_(10 January 1991)_

In view of the very positive experience with the European
Year of Tourism's involvement in the Eurovision Song
Contest it was decided to look for further sponsorship
opportunities for the EYT with 'high profile' events,
sponsorship being preferred to advertising for reasons of

cost.

The charity-linked 'The Wall' rock concert was
sponsored by the European Commission in the context of
the European Year of Tourism 1990. This concert, for
which consent had been given by the governments of both
East and West Germany, had major symbolic importance.
The performance took place at the Potsdamer Platz, for
so long the no-man's land between East and West Berlin
(in the shadow of the Brandenburg Gate); the content
of the show was about bringing down barriers, free
movement between peoples: the timing was just after the
Berlin Wall (symbol of the division of Europe) had been
knocked down.

The objective of EYT's involvement in 'The Wall' was:

— to increase visibility for EYT, and

— to project a dynamic and young image of the EC, i.e.
the Commission's involvement in tourism.

"The Wall' was chosen because of:

— the expected young and middle-aged world-wide
target audience;

— the adequate fit for EYT's image since 'The Wall' was:

— a gathering of young people from all over the
world to celebrate freedom (including freedom of
travel),

— a rock event which is extremely popular with
young people,

— a non-profit event;

— the phased promotional opportunities until April 1991
(live event, re-transmissions, video and record
releases, merchandizing).

No C 85/26 Official Journal of the European Communities 28. 3. 91

The event has had and still has important communicative
value in reaching audiences world wide.

A contract with the organizers of the event was
undertaken to guarantee visibility for EYT. There was
very strong presence of the EYT logo on site: banners,
posters, etc. and ZDF TV included the animated logo in
the closing credits of the broadcast. However, it was not
visible on screen in some countries as had been

contracted, for a number of insurmountable technical
reasons. At the insistence of the EC, the organizers of
'The Wall' have re-edited the show so as to include a

message of the President of the Commission and due
reference to EYT. This version of the event will be

broadcast in Japan, the USA and France and will be
re-transmitted several times in all other countries. It has

also been released on video and record.

Although the Commission judges its association with
'The Wall' to have been an overall success, the cost of the
Commission involvement has been renegotiated in view of
the problems mentioned above and will be ECU 185 000,
lower than the initially agreed (ECU 300 000).

WRITTEN QUESTION No 2055/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(5 September 1990)_

(91/C 85/52)

_Subject:_ European Community contribution to the
programme to safeguard Amazonia and the
problems raised by the BR 364 highway project

At its meeting of 9—11 July 1990 in Houston, the G-7
asked the World Bank and the European Community
(Point 66 of the Declaration) to draw up a pilot
programme to safeguard Amazonia in cooperation with
Brazil for submission to the Conference on the World

Climate to be held in the United States next year and
other conferences, and to be drawn up in time for the next
economic summit at the very latest.

1. Is it true that the road programme designed in 1970
with the aid of the World Bank and which has gone
hand-in-hand with the destruction of the rainforest in

a vain attempt to turn over most of Amazonia to
agriculture and stock-breeding has been handed over
by the World Bank to the Interamerican Bank because
of the failure to respect clauses relating to Indian
rights during the early phases and the failure to
maintain sufficient natural reserves? Is it true that the

BR 364 highway project which was initially exempted
from this decision, has subsequently been suspended
for the above reasons and also because Brazil has an

excellent waterway network which could be

supplemented by airstrips to enable air traffic to play a
complementary role?

2. Is it true that the new President of Brazil, Mr
Fernando Collor de Mello, who took office on 15
March 1990 following democratic elections, does not
support the BR 364 project and that the Secretary of
State for the Environment, Mr Jose Lutzenberger, is a
declared opponent of the project and is against the use
of international finance? Is it also true that, on the
contrary, the armed forces and the National Security
Council (SADEN) support the BR 364 project and
that there is a serious conflict over this matter between

the civilian authorities and the military high
command?

3. Is it true that the Governor of the State of Acre, Mr
Flaviano Melo, who is directly concerned by this
matter, is drawing up a realistic state-wide project for
Acre divided up into balanced zones and which
President Collor would like to use as a model for the

whole of Amazonia?

4. Despite the internal legal obstacles which might be
raised, could the Community and its Member States
use their influence through the IMF and international
lending institutions to ensure that a solution is found
along the lines of the project referred to in point 3 ?

Answer given by Mr Matutes
on behalf of the Commission

_(18 October 1990)_

1. For some time now, because of the effect of the
project on the environment, the building of the trunk road
known as the BR 364, to which the Honourable Member
refers, has pitted its defenders against its detractors.

2. The very negative effects on the indigenous
population of the Culaba to Porto Velho section made
completion of the Porto Velho to Rio Branco leg all the
more difficult. It caused certain delays in the
implementation of the programme undertaken in
cooperation with the Inter-American Development Bank,
particularly in the Acre area.

3. It is the case that the new authorities are currently
re-examining the whole project, that the new Special
Secretary for the Environment, Mr Lutzenberger, is very
hostile to its completion and that he has been a firm
opponent for several years (even before his appointment).

4. The whole problem of tropical forests is being
widely reviewed on the basis of the Houston mandate. It
will probably not be possible to raise or discuss this
question with the authorities until a later stage.
Nevertheless, it is clear that the Houston mandate must be
followed meticulously whilst at the same time respecting
the sovereignty of the countries concerned.

28. 3. 91 Official Journal of the European Communities No C 85/27

WRITTEN QUESTION No 2081/90

by Mr Harrison (S)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 85/53)

_Subject:_ Working languages of the European
Communities

What is the Commission's view of the viability of using an
artificial language like Interlingua or Esperanto within
the European Communities? What are the advantages and
disadvantages of such languages? Would it comment
specifically about the usefulness or otherwise of
Interlingua, as explained by my constituent, Dr F. P.
Gopsill of Wirral ?

Answer given by Mr Delors
on behalf of the Commission

_(12 December 1990)_

It is not for the Commission to comment on the linguistic
characteristics of artificial languages.

As regards the rules governing the use of languages within
the Community, the Commission would point out that the
Community's official languages and the working
languages of the institutions have, since the establishment
of the ECSC, been the official languages of all the
Member States ( [1] ). This system reflects the right of all the
Member States and their citizens to use their own

language in contacts with Community institutions and the
corresponding obligation for the institutions to use the
language of the Member States or the citizen in their
contacts with them.

Furthermore, the Commission takes the view that a
knowledge of several modern languages is the best way of
promoting the understanding of other peoples of the
Community and their culture ( [2] ). The Commission is
pleased that the Council and the Ministers of Education
have set the target of giving all schoolchildren the
opportunity of learning at least one other Community
language. This is one reason why the Community has
launched the Lingua programme, the aim of which is to
promote the teaching of foreign languages within the
Community.

(') Protocol of 24 July 1952 on the rules governing the use of
languages by the ECSC; Regulation No 1 of 15 April 1958
determining the languages to be used by the EEC, Regulation
No 1 of 15 April 1958 determining the languages to be used
by the EAEC (OJ No 17, 6.10.1958), as amended by the Acts
of Accession of 1972 (OJ No L 73, 27. 3. 1972), of 1979 (OJ
No L 291, 19. 11. 1979) and of 1985 (OJ No L 302, 15. 11.
1985).
( [2] ) See answer to Written Question No 246/76 by Mr Laban, OJ
No C 226,27.9. 1976.

WRITTEN QUESTION No 2099/90

by Mrs Hedwig Kcppelhoff-Wiechert (PPE)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 85/54)

_Subject:_ Restructuring of the European Social Fund

The restructuring of the European Social Fund at national
level means that applications for 1990 have been delayed
for a whole year.

1. Is the Commission aware that this gives rise to
considerable legal uncertainty and unacceptable
financial risk in respect of applications?

2. Does the Commission intend to urge the individual
Member States to adopt rapid authorization
procedures, giving priority to existing projects
receiving support?

3. Given the considerable amounts earmarked for

interim financing costs in the 1990 budget, is the
Commission prepared to acknowledge capital costs
for interim financing as eligible for subsidies?

4. Does not the Commission also consider that, for the
purposes of restructuring in other sectors, the old
application procedures must be used until the new
ones have been adopted?

Answer given by Mrs Papandreou
on behalf of the Commission

_(5 December 1990)_

1. Thanks to the reform, the negotiations between the
Commission and the Member States have resulted in the

establishment of Community Support Frameworks, which
should bring greater legal and financial certainty to the
promoters of projects co-financed by the ESF. It is true
that during 1990, the first year of the implementation of
reforms in the Community's structural Funds, some
delays have been experienced, resulting in temporary
funding shortages for some organizations carrying out
projects, although in fact the projects were selected by
those bodies within the Member States responsible for
carrying out the operational programmes. This is,
however, a temporary difficulty. The date of the
Commission's approval of a programme does not affect the date from which structural Funds' aid is given, which
is determined by the Member States' application for
structural Funds.

2. The committees responsible for monitoring
approved schemes and programmes include
representatives of the Commission and they are already
examining the implementation of these reforms and will
do all in their power to ensure that the objectives are
achieved. However, the selection of projects, in both

No C 85/28 Official Journal of the European Communities 28.3.91

qualitative and quantitative terms, remains the
responsibility of the competent authorities in the Member
States.

3. Financing costs in the form of interest do not qualify
for subsidies and accordingly can not be recognized as
eligible for ESF support.

4. The Commission shares the Honourable Member's
view that it is necessary to maintain the old application
procedures until new procedures have been adopted.

However, the far-reaching change in European Social
Fund administration from one-year projects to multi-year
programmes meant that the former application procedure
could not be used — not even on a temporary basis.

WRITTEN QUESTION No 2112/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 85/55)

_Subject:_ Draft US legislation concerning standardization

Legislation currently before the House of Representatives
would ban five groups of American regulatory authorities
from accepting applications for certificates of compliance
for any product made outside the US by any EC 'national*
(HR 4471-4 and HR 4476). The regulatory authorities
addressed are the Federal Communications Commission,
the Food and Drugs Administration, the Safety and
Health Administration, and the agencies which certify
compliance with US clean air and energy conservation
standards.

The definition in the bills of EC 'nationals' would appear
to include 50-50 joint venture operations or other
situations where US companies have minority interests.

1. Does the Commission agree that these bills complicate
efforts to reach agreement within GATT concerning
Trade Related Investment Measures (TRIMs) ?

2. Does the Commission agree that the proposed
legislation concerning the FCC takes no account of
the informal dialogue which the US Administration
and the Commission have been conducting with
respect to telecommunications policy, and runs
counter to efforts to establish GATT rules on trade in
services (notably rules on market access, national
treatment and transparency) ?

3. What steps does the Commission intend to take to
communicate its views to the relevant policy makers in
Washington?

Answer given by Mr Andriessen
on behalf of the Commission

_(23 November 1990)_

A number of bills were laid before the House of
Representatives in April this year by Mr Gejdenson (HR
4471-74 and HR 4476) which would oblige Community
firms to conduct their testing and certification of
compliance with the basic requirements set by five US
government agencies only in the United States, in
'retaliation' for a Community policy judged to be
restrictive and insufficiently transparent.

The Commission is of the opinion that Mr Gejdenson's
bills are based on an incorrect analysis of Community
policy on standardization and certification. It considers
that the regular exchanges of views that have been held
with the US authorities for more than a year have cleared
up the misunderstandings about the Community's
intentions and shown its willingness to work towards
trade liberalization.

The US Administration, with which the Commission has
been in contact, has, moreover, expressed its opposition
to these bills. Similarly the American National Standards
Institute (ANSI), which embraces a large number of US
standardization institutes has also come out against this
initiative which is considered unwarranted, notably in the
light of the dialogue established with the European
standardization associations — CEN (European
Committee for Standards) and CENELEC (European
Committee for Electrotechnical Standards).

According to the Commission's information, the draft
legislation in question has very few chances of getting
through the current session of Congress and is unlikely to
affect the negotiations to which the Honourable Member
refers. These matters are also dealt with in the
negotiations on improving the GATT Code on technical
barriers to trade. The Commission is, however, keeping
careful watch on the outcome of such initiatives in the

United States and remains in close contact with the US

authorities on these issues.

WRITTEN QUESTION No 2133/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(27_ _September 1990)_

(91/C 85/56)

_Subject:_ Article 115 of the EEC Treaty

For each of the Member States, can the Commission say:

i

28. 3. 91 Official Journal of the European Communities No C 85/29

1. How often measures were taken pursuant to Article
115 in 1989?

2. How often the Commission rejected such
measures ( [!] ) ?

(') As supplied previously for 1986, 1987 and 1988 (OJ No
C151, 19.6.1989, p. 49).

1989

Answer given by Mr Andriessen
on behalf of the Commission

_(8 November 1990)_

The Honourable Member will find below a table with the

information requested and the data available for the first
eight months of this year.

1990 (8 months)

Accepted

— •

—

12

36

1

4

11

—

  

64

Accepted

—

—

—

12

73

2

12

16

1

3

119

Disallowed

—

—

16

9

—

1

1

—

  

27

Disallowed

—

1

—

21

15

—

5

—

—

—

42

Number of

times Article

115 invoked

—

—

—

28

45

1

5

12

—

—

91

Germany

Benelux

Denmark

Spain

France

Greece

Ireland

Italy

Portugal

United Kingdom

Total

Number of

times Article

115 invoked

—

1

—

33

88

2

17

16

1

3

161

WRITTEN QUESTION No 2136/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 85/57)

_Subject:_ The importation of matching sets of clothes

In May 1990 the classification of matching sets of clothes
('ensembles'-Categories 16,29, 74 and 75) was changed in
a regulation.

1. Is the new regulation compatible with the rules of the
International Customs Council governing the use of
several different colours and qualities in one
ensemble?

2. Is the transitional period of only two months laid
down in the regulation not so short that it goes against
a generally recognized principle of good
management?

Answer given by Mrs Scrivener
on behalf of the Commission

_(10 December 1990)_

1. The additional note introduced to the Combined

Nomenclature by Commission Regulation (EEC) No
1119/90 of 2 May 1990 (') does not, and could not, in any
way alter the scope of the legal definition of 'ensemble'

contained in the Customs Cooperation Council's
Harmonized System. Its sole purpose is to ensure the
proper and uniform application of the provisions in
question.

2. What the Honourable Member terms a 'transitional

period' is in fact the usual period allowed for entry into
force of regulations with a tariff content (i.e. 21 days after
the day of publication in the Official Journal).

Since the Regulation in question in no way modifies
the legal definition of 'ensemble', there would be no
justification for a 'transitional period' in this case.

O OJ No LI 12, 3. 5.1990.

WRITTEN QUESTION No 2146/90

by Mr Ian White (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 85/58)

_Subject:_ Driving offences

Will the Commission please state what the comparative
penalties are in each Member State for the English

No C 85/30 Official Journal of the European Communities 28. 3. 91

criminal offence of 'Driving with excess alcohol' under
the Road Traffic Act 1972?

Answer given by Mr Van Miert
on behalf of the Commission

_(20 November 1990)_

As the Honourable Member is aware, the Commission
submitted to the Council in January 1989 a proposal for a
Directive O fixing the maximum permitted rate of
alcohol concentration in drivers' blood at 0,5 mg.

As the other proposals for Directives on road safety
relating to behavioural aspects (safety belts, speed limits)
were also submitted by the Commission at the same time,
the above proposal aims at the approximation of Member
States' legislation.

Enforcement procedures, and therefore penalties, fall
within the competence of Member States.

It is because of the above that the Commission does not

have available information to compare penalties in each
Member State with the United Kingdom legislation
mentioned by the Honourable Member.

As far as the Commission is aware, national systems on
enforcement vary according to the nature of the legal
system concerned and the particular circumstances of the
offence which may be prosecuted in an administrative or
penal procedure.

The Commission has the intention — by means of a study
to be launched next year — to build up a
Community-wide information data base on the whole
national legislation on traffic, updated yearly, containing
data on all the elements concerned, as well as on the
measures applied and their results. Once this information
data base is operational, the requested information will be
available.

O Proposal for a Council Directive relating to the maximum
permitted blood alcohol concentration for vehicles drivers.
COM(88) 707 final; OJ No C 25, 31.1.1989.

WRITTEN QUESTION No 2149/90

by Mr Jos6 Happart (S)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 85/59)

_Subject:_ Importance of social security for those exercising
the occupation of farmer

In a motion for a resolution which I tabled during the last
parliamentary term I voiced my concerns regarding
farming accidents and the dangers involved.

I proposed the implementation of a training and
information programme for farmers concerning the
prevention of accidents on farms.

1. What progress has been made in implementing this
programme?

2. What progress has been made in collecting precise
statistics concerning the incidence of farming
accidents?

3. Will the future Community public health policy
embrace means of providing adequate cover for
farming accidents and the long periods of infirmity
resulting from them?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 December 1990)_

1. The Commission programme concerning safety,
hygiene and health at work (*) provides for information
and training in respect of all health and safety aspects of
agriculture.

Under this programme, operations have been carried out
over several years to improve training for those engaged
in farming. Community training modules have been
developed to make farmers more aware of the need to
prevent the most common types of accidents. Training
courses have been organized in all the Community
countries which have expressed interest.

2. Work is under way to harmonize the collection of
statistics on accidents at work, particularly in agriculture,
at Community level. The Honourable Member is referred
to the Commission's answer to question No 1524/90 of
MrDiRupo. ( [2] ).

3. Under current Community law, responsibility for
providing cover for farming accidents and the long
periods of infirmity resulting from them lies with the
Member States' authorities.

Community policy on social security coverage in general
is tending towards convergence of the objectives of
national social security systems. The action programme
relating to the implementation of the Community Charter
of the Fundamental Social Rights of Workers makes
provision for a recommendation on this matter.

O OJ No C 28,3.2.1988.
O OJ No C 49,25.2.1991, p. 20.

28. 3. 91 Official Journal of the European Communities No C 85/31

WRITTEN QUESTION No 2175/90

by Mr Ernest Glinne and Mr Henri Saby (S)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 85/60)

_Subject:_ The need to support national reconciliation in
Guatemala

On 5 July 1990, the Secretary-General of the UN
appointed the German lawyer C. Tomuschat the post of
independent expert responsible for monitoring the human
rights situation in Guatemala. On 1 July, 16 delegations
— mostly drawn from church or academic circles — set
up an on-the-spot Educational Committee on Human
Rights linked to the Inter-American Institute of Human
Rights and the (West German) Friedrich Nauman
Foundation. Previously, in the spirit of the Esquipulas II
agreements of August 1987, meetings had been held in
Oslo (from 26 to 30 March) and Madrid (28 May to 1
June) between the armed opposition movement, the
URNG (Guatemalan National Revolutionary Unity) and
the National Reconciliation Commission. Against these
positive developments, however, the following facts must
be set:

1. The Human Rights Commissioner appointed by the
Congress of the Republic, reported that 153
extra-judicial killings had taken place in the first half
of this year; Guatemala, which has a population of
nine million, accounts for over half of all South
America's 'disappeared' persons.

2. Repression of the peasant farmers has not succeeded
in stopping strikes, for example on 31 January this
year, but talks between UNAGRO, representing the
land-owning elite, and UASP, a union of grass-roots
organizations calling for better pay and working
conditions and access to land ownership for the
people, are stalled because of the imbalance in favour
of the former and the banning of the Peasants' Unity
Committee, a clear breach of Article 34 of the
Constitution, which guarantees freedom of
association.

3. Key sections of the armed forces still hope for a
military solution and are actively involved in
destroying the chances of reaching a political solution.

4. The inquiry demanded by the PSD (Democratic
Socialist Party) into the assassination of the
Guatemalan layer, Hilda Flores, and the Salvadorean
leader, Hector Oqueli Colindres, has been blocked at
the highest official level.

At a time when the US Senate and Congressional
Committee on Latin American Affairs are considering
reducing US military aid to Guatemala and the US
administration is issuing warnings to people travelling to

Guatemala, we wish to know the attitude of the Executive
authorities and of the Foreign Ministers meeting in
political cooperation, to the need for national
reconciliation in Guatemala, which is inseparable from
the need to ensure that the human rights of individuals
and communities are properly protected at last.

Answer given by Mr Matutes
on behalf of the Commission

_(23 November 1990)_

The Commission shares the concern expressed by the
Honourable Members about the worsening situation in
Guatemala and fully supports their call to step up the
process of national reconciliation begun in Oslo and
Madrid.

On several occasions, and notably in its reply to Written
Question No 1101/90 by Mr Seligman ('), the
Commission deplored the increasingly frequent violations
of human rights in Guatemala and clearly expressed its
support for the talks between those involved in the
conflict, in the spirit of the Esquipulas II Agreements and
the reconciliation procedures enshrined in them.

O OJNoC283,12.11.1990, p. 34.

WRITTEN QUESTION No 2209/90

by Mrs Maartje van Putten (S)

to the Commission of the European Communities

_(4 October 1990)_

(91/C 85/61)

_Subject:_ Programme for guaranteed employment in India

There is a growing movement amongst NGOs, trade
unions, scientists and politicians in favour of providing a
guarantee of employment for unskilled labourers. Such an
'Employment Guarantee Scheme' already operates in the
State of Maharashtra. Expert authorities, including the
World Bank in its report 'India — Poverty, Employment
and Social Services', see this as a particularly valuable tool
for combating poverty. The Singh Government has
recently made the establishment of a 'right to work' in
general, and an employment guarantee for agricultural
workers in particular, one of its central objectives.

1. Is the Commission familiar with this movement in
favour of the right to work in India?

2. Does it endorse the World Bank's call for the creation

of a safety net for the poor via the establishment of a
national employment policy on the Maharashtra
model?

No C 85/32 Official Journal of the European Communities 28. 3. 91

3. Is it prepared to discuss with the Indian authorities the
possibility of endorsing the new Indian employment
policy for workers in rural areas?

4. How, when and to what extent can it provide aid for
the employment policy for the rural population?

Answer given by Mr Matutes
on behalf of the Commission

_(19 December 1990)_

1. The Commission has regular contacts with all
development agencies active in India and with the Indian
authorities, both public (at federal and state level) and
private (NGOs). Thus the Commission is aware of
national and international initiatives for the development
of the Indian economy.

2. The right to work is a particularly burning issue in
India at the moment and the subject of domestic policy
debate; it should therefore be approached with caution.

3. In general, development projects, which in India are
financed exclusively by grants, have long been drawn up
jointly with the Indian authorities. No request specifically
concerning employment support has recently been
introduced by the Indian authorities. However, should
the Indian authorities introduce such a request, the
Commission would of course be prepared to examine
possible means of support compatible with the guidelines
of the policy for cooperation with LAA developing
countries.

4. Most Community-financed projects in India —
whether under financial and technical cooperation or
cofinanced with European NGOs — involve a major
component of highly labour-intensive works and thus
have a positive impact on employment in rural areas. This
has been the policy since 1976, when financial and
technical cooperation was introduced. Any extension of
cooperation policy will be in accordance with the
guidelines for cooperation with LAA developing countries
and will be dependent on increased resources.

WRITTEN QUESTION No 2217/90

by Mr Victor Manuel Arbeloa Mum (S)

to the Commission of the European Communities

_(8_ _October 1990)_

(91/C 85/62)

_Subject:_ Investment in Navarra as an Objective II region

1. What projects were co-financed with the
Community aid intended for the Region of Navarra

(Spain) as an Objective 2 region (a region in industrial
decline)?

2. How in the Commission's opinion, can the delay in
applying this aid be made up, given that the period of
application was originally set as 1989 to 1991 ?

Answer given by Mr Millan
on behalf of the Commission

_(4 December 1990)_

1. (a) The Community support framework (1989—91)
for the conversion of declining industrial areas
in Spain includes the following part-financing
for national measures in the Autonomous
Community of Navarre:

— under the regional sub-framework: ECU 10
million from the ERDF and ECU 940 000
from the Social Fund;

— under the multiregional and sub-framework: a
contribution from both Funds.

(b) During 1989 the ERDF provided part-financing
worth ECU 2,24 million for two projects under
the regional sub-framework.

In July 1990 the Spanish authorities submitted
a draft operational programme for 1990—91.
This included an application for Community
part-financing of ECU 17,17 million from the two
sub-frameworks referred to above for measures
under the following priorities:

— establishment and development of productive
activities;

— protection and improvement of the
environment;

— support for research and development and
training facilities;

— improvement in the communications network.

The Commission is currently examining this draft.

(c) As far as the Social Fund is concerned,
Community part-financing was granted for 1989
under Decision 83/516/EEC (').

The operational programmes to be part-financed
by the Social Fund in 1990—91 are as follows:

— one operational programme under the
regional sub-framework, approved by
Commission decision of 10 August 1990,
Community contribution ECU 940 000;

^ ^ t (official journal of the European communities ^oC^B33

^ one operational programme under the
multire^ional sub^framework approved by
Commission decision of tO August t^O,
Community contribution ECL^^,^^ million.

These programmes include vocational training
underthe following two priorities^

^ establishment and development of productive
activitiesr^traimn^for small and mediumsi^ed

firms, training for those employed by firms
under^oin^ restructuring, training for
employed workers relating to regional and
social conversions

^ training relating to environmental protection.

^. Inviewofthepoints listed above,the Commission
considers that therehasbee^nodelayinimplementin^
themeasurespartfinancedby thestructuralEundsand
included in the C^Es.

^ ( o ] c ^ e ^, ^ m o m ^

by Mr Anthony ^^ipson^EEo^

to the C^on^mission of the European C^ommunities

^ C ^ c ^ ^ r ^ ^

^ I B C ^ B D ^

^ ^ c e Classification of camcorders

Last year the Commission put forward a proposal
whereby camcorders wouldceasetobeclassifiedunder
the European customs tariff as cameras capable of
recording, and subject therefore t o a t a r i f f o f ^, ^ and
would be classified as video recorders which are subject to
a t a r i f f o f t ^ .

At that time, EEC classification rules provided that only
camcorders withcertain additional features be classified
as video recorders. As this particular rule exists and
continues to e^ist, the proposed alteration was clearly
unnotified. Indeed, the EC^s own specialist committee
reiected the proposal, in accordance with international
practice which classified camcorders as televisions
cameras capableof recording.

^ould the Commission explain its reasons fortablin^ this
proposal once more, this time at international level, ^iven
that there is ^o European production of this product with
the exception of ^ony, and thattheonly effectof this
proposal would be merely to triple, from ^ ^ o to t^^,
the tariffonthese products,which is ultimately payable
by the consumer,atatime when tariffs are generally bein^
reduced^

A ^ s ^ r ^ v ^ by Mrs scrivener
on behalf of the C^on^ussion

The Commission presumes that the Honourable Member
is referring to discussions currently taking place at the
Customs Cooperation Council concerning the revision of
the Harmonised system. Louring thesediscussions, the
Commission services, acting on behalf of the Community
and reacting to proposals made by certain third countries,
have proposed that camcorders be classified under
h e a d i n ^ ^ t

However the abovementioned discussions concern only
changes tothenomenclature upon which the Common
CustomsTariff is based and do not concern the rates to be

applied to that nomenclature. This is not therefore a
question of amending the duty rates applicable to
particular lines of the nomenclature, which would of
course involve separate negotiations in the (GATT, but
rather a case of making technical improvements to the
nomenclature in order to take account of changes in
technology orin patterns of international trade.

^ ^ I T T E ^ ^ E ^ T ^ ^ ^ o ^ ^ B ^

byMr^esc^icholson^PPE^

totheC^orr^nissionoftheE^rope^nC^o^ini^nities

^ C ^ ^ r ^ ^

^ ^ c e customs officers

^ith theadventof thesin^le market and theneedfor

fewer numbers employed in normal customs duties at
internal frontiers, what consultation has taken place with
the national governments of each Member ^tate to ensure
us that

t. alternative employment is offered within the serviced

^. compensation is offered to those wishing to take early
retirementorto leave the serviced

Answer ^ven by Mrs scrivener
onbeh^foftheC^omr^nssion

The Honourable Member is referred to the Commissions
answer to written question ^ o l^B^O by Mrs
R e d i n ^ ^

The study on the organization of the customs
administrations in the li^ht of 1 ^, which the
Commission entrusted to the European Institute ofRublic
Administration at Maastricht, will be completed soon.
Inthe course of the studyconsultationswereheld with
the administrations and the relevant Commission

departments.

No C 85/34 Official Journal of the European Communities 28. 3. 91

Although alternative employment and compensation
measures are matters for national governments, the
Commission intends to follow up the above study by
discussing with the Member States the effects on the
Community's customs services and their staff of removing
the internal borders.

The problem mentioned by the Honourable Member will
be given due attention in this context.

(') OJNoC233, 17.9. 1990.

WRITTEN QUESTION No 2299/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 85/65)

_Subject:_ Maritime shipping laws

In certain Member States maritime shipping laws give rise
to unwelcome labour practices, inasmuch as they sanction
the return of seamen to their ships by force if they leave
without permission. Would the Commission comment on
this as an employment practice and outline what actions it
may take in the interests of good employment practice?

Answer given by Mrs Papandreou
on behalf of the Commission

_(26 November 1990)_

In respect of social legislation relating to shipping, the
Commission supports the work of the Port State control,
which includes checks on working conditions aboard
ships.

Furthermore, all maritime Member States, with the
exception of Ireland, are signatories to ILO
Convention 147, which lays down minimum working
conditions on board vessels.

WRITTEN QUESTION No 2312/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 85/66)

_Subject:_ False image of coloured immigrants

Would it not be desirable to launch a Europe-wide
information and publicity campaign to give the lie to the

preconception which has it that coloured immigrants are
'natural' carriers of infectious diseases, despite the fact
that all the statistics compiled to date by health authorities
offer proof to the contrary?

Answer given by Mrs Papandreou
on behalf of the Commission

_(6 December 1990)_

The Commission has no statistics available on infectious

diseases in coloured immigrants and therefore has no
comment to make on the usefulness of an information

campaign.

It would nevertheless point out that, in all its initiatives
with regard to immigrants, it has always been opposed to
any form of prejudice based on race or colour, in
accordance with the Joint Declaration of 11 June 1986

against racism and xenophobia.

WRITTEN QUESTION No 2313/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(15 October 1990)_

(91/C 85/67)

_Subject:_ Problems for Turner's syndrome victims
resulting from the design of buildings

Regarding the women suffering from Turner's syndrome
— and now that it has endorsed a protocol setting out
guidelines on correct dosage of growth hormone (GH) —
does the Commission not believe that provisions should
be issued to remove the psychological and social
obstacles, as well as those resulting from the design of
buildings, that make certain jobs an impossibility for
persons below average height?

Answer given by Mrs Papandreou
on behalf of the Commission

_(30 November 1990)_

The elimination of architectural obstacles for persons
with serious physical or mental handicaps is one of the
Commission's priority concerns. In the context of its
measures to improve the physical environment for
disabled people, before the end of 1990 the Commission
will present a proposal for a directive concerning the
mobility and transport of workers with reduced mobility.

With regard to the elimination of psychological and social
barriers, the Commission has initiated a campaign to

28. 3. 91 Official Journal of the European Communities No C 85/35

increase public awareness by disseminating information
on the capabilities of disabled people with the cooperation
of the media, by the establishment of an information and
documentation service and by supplying direct
information to those concerned at European exhibitions
on this subject.

With regard to the safety and health of disabled workers,
Council Directive 89/654/EEC concerning the minimum
safety and health requirements for the workplace (')
provides in the annexes that 'workplaces must be
organized to take account of handicapped workers, if
necessary. This provision applies in particular to the
doors, passageways, staircases, showers, washbasins,
lavatories and work stations used or occupied directly by
handicapped persons'. In addition, under the general
obligations in Council Directive 89/391/EEC ( [2] ), an
employer must 'where he entrusts tasks to a worker, take
into consideration the worker's capabilities as regards
health and safety' (i.e. physical and intellectual) (Article 6
(3) (b)), and must 'be in possession of an assessment of
the risks to safety and health at work, including those
facing groups of workers exposed to particular risks'
(Article 9(1) (a)).

C) OJNoL393,30.12.1989, p. 1.
O OJNoL 183,29.6.1989, p. 1.

WRITTEN QUESTION No 2319/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 85/68)

_Subject:_ Administrative Commission on Social Security
for Migrant Workers

In reply to my Written Question 715/90 (*) on the
granting of family benefits to frontier-zone workers,
Mrs Papandreou, Commissioner, said that the rules
for implementing Article 94 (9) of Regulation (EEC)
No 3427/89 ( [2] ) were currently being discussed by the
Administrative Commission on Social Security for
Migrant Workers.

Can the Commission tell me:

— Who are the members of this Commission ?

— What stage has been reached in these discussions?

0) OJNoC259,15. 10.1990,p. 36.
O OJNoL331,16.11.1989, p. 1.

Answer given by Mrs Papandreou
on behalf of the Commission

_(15 November 1990)_

Under Article 80 of Regulation (EEC) No 1408/71 (*),
the Administrative Commission on Social Security for
Migrant Workers, for which the Commission of the
European Communities provides the secretariat, is made
up of a government representative of each of the Member
States, assisted, where necessary, by expert advisers. A
representative of the Commission of the European
Communities attends the meetings of the Administrative
Commission in an advisory capacity.

At its meeting of 10 and 11 October 1990 in Brussels, the
Administrative Commission adopted unanimously a
decision on the implementation of Article 94 (9), to which
the Honourable Member refers. The decision will be

published in the _Official Journal of the European_
_Communities_ as soon as possible.

(') OJ No L 230, 22. 8. 1983, as last amended by Regulation
(EEC) No 3427/89, OJ No L 331,16.11.1989.

WRITTEN QUESTION No 2328/90

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 85/69)

_Subject:_ Community social policy

To what extent does the Commission plan to harmonize
Community social policy (more specifically, the policy of
the European Social Fund (ESF)) with national policy,
particularly as regards steps to integrate young people
without vocational skills and older workers into the

labour market?

Answer given by Mrs Papandreou
on behalf of the Commission

_(15 November 1990)_

Following the reform of the structural Funds, the
Commission's activities are to be guided by the principles
of decentralization, partnership and subsidiarity.

The principle of partnership means that there is close
consultation between the Commission, the Member State
concerned and the competent authorities.

One of the ways in which partnership finds expression is
in the negotiation of Community support frameworks
and the implementation of operational programmes.

These principles provide the basis for an ongoing
dialogue between the Commission and the Member State

No C 85/36 Official Journal of the European Communities 28. 3. 91

concerned, the aim of which is to pool the resources
involved in Community structural measures with a view to
ensuring that more effective use is made of them.

Moreover, the Regulation coordinating the activities of
the structural Funds (Regulation (EEC) No 2052/88) (»)
stipulates that the plans and Community support
frameworks are to contain information in the light of
which the relationship and consistency between the
structural measures and the economic and social policies
of the Member State concerned can be assessed. It is in
this context that the synergy between the national
measures and the structural activities of the European
Social Fund makes itself felt.

As regards the people on whom ESF activities are
targeted, it should be borne in mind that Article 2 of
Regulation (EEC) No 4255/88 _(_ _[2]_ _)_ defining the scope of
the Fund, states that assistance is to be granted under
Objectives 3 and 4 throughout the Community to
operations to combat long-term unemployment and to
facilitate occupational integration of school-leavers and
jobseekers under the age of 25 regardless of the time it
takes.

The Fund thus helps to finance vocational training
measures accompanied, where appropriate, by vocational
guidance measures. Vocational training is defined as any
measure intended to provide the skills needed to engage
in one or more specific types of employment and any
measure with the relevant technology content required by
technological change and requirements and developments
on the labour market.

By way of exception, in the regions covered by
Objective 1, vocational training may comprise any
measure required for the use of new production and/or
management techniques in small businesses (Article 1 (4)
of Regulation (EEC) No 4255/88).

O OJNoLl85,15.7.1988.
O OJNoL374,31.12.1988.

WRITTEN QUESTION No 2336/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 85/70)

_Subject:_ The Matthaeus programme

1. Is it the case that a number of Member States object
to the basic principles of the Matthaeus programme, take
part in it only with reluctance, or completely reject it?

2. What stage will the programme have reached by the
end of 1990? How many officials from which Member

States are currently taking part, and what is the state of
funding?

3. Has the Commission itself employed former
customs and border control officials from the Member
States, and, if so, how many, in what departments and
under what terms?

Answer given by Mrs Scrivener
on behalf of the Commission

_(14 November 1990)_

1. The Matthaeus programme has the unanimous
agreement of the Member States' governments.

The pilot project is now under way and has not shown up
any reservations or hesitation on the part of the Member
States about implementing the programme. Quite the
contrary: national governments are showing growing
interest in this training scheme.

2. The results of the pilot project are encouraging and,
in the light of experience, a draft Council decision is now
being prepared in order to continue, and indeed step up,
this training scheme.

The pilot project has so far involved a total of 578
officials, broken down as follows:

Belgium
Denmark
Germany
Spain
France

Greece

Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom

51

20
65

46

91

43

24

75

13

93

22

35

The Commission has allocated ECU 2 500 000 to this
project. Appropriations committed so far amount to ECU
2 414 000, of which ECU 1 621 000 has already been laid
out.

3. The Commission employs a number of former
customs officers in its departments, mostly in DG XXI.
At present it has 75 former customs officers, 69 as
permanent officials, four as temporary agents and two on
contract. The same DG also has the services of 30 national
experts on secondment.

Former customs officers are also assigned to other of the
Commission's Directorates-General, in particular DGs I,
VI, XLX and XX, and to the Secretariat-General
.(Coordination of Fraud Prevention).

28. 3. 91 Official Journal of the European Communities No C 85/37

WRITTEN QUESTION No 2370/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 85/71)

_Subject:_ Implementation of Regulation (EEC)
No 2242/87 in Greece

Under Regulation (EEC) No 2242/87 (') of 23 July 1987,
financial support is granted for projects providing an
incentive and aimed at contributing towards the
maintenance or re-establishment of seriously threatened
biotopes which are the habitat of endangered species and
are of particular importance to the Community under
Directive 79/409/EEC ( [2] ).

This Regulation also covers projects providing an
incentive and aimed at contributing towards the
protection or re-establishment of land threatened or
damaged by fire, erosion and desertification. The
Regulation is to apply for four years until 30 July 1991
and a total of ECU 24 million is earmarked for this

purpose.

What financing has been received by Greece to date under
this Regulation?

(') OJNoL207,29.7. 1987, p. 8.
O OJNoLl03,25.4. 1979, p. 1.

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

_(17 January 1991)_

Further to the reply to Written Question No 1811/90, the
Commission would inform the Honourable Member that

so far it has paid out ECU 401 250 of the appropriations
committed for projects in Greece under Regulations
(EEC) No 1872/84 (*) and (EEC) No 2242/87 on action
by the Community relating to the environment.

(') OJNoLl76, 3.7. 1984.

WRITTEN QUESTION No 2375/90

by Mr Karl von Wogau (PPE)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 85/72)

_Subject:_ Harmonization of technical standards

In Council resolution 85/C 136/01 of 7 May 1985, a new
approach was taken to technical harmonization in the

Community, the aim of which was to transfer the process
of technical harmonization from the legislative
authorities to those competent specialist committees and
other bodies working within CEN or CENELEC, for
example, in accordance with their own procedures.

1. Does the Commission still acknowledge the 'new
approach' working method?

2. How does the Commission view the work carried out

by the harmonization bodies to date in accordance
with the 'new approach'?

3. What measures is the Commission taking to safeguard
the role of experts in the sectors concerned
(producers, users and consumers)?

4. Does the Commission recognize the results of the
harmonization and standardization work carried out

by these bodies, or does it find it necessary to have all
the standards drawn up by CEN and CENELEC
checked a second time by their own panel of experts?

Answer given by Mr Bangemann
on behalf of the Commission

_(19 December 1990)_

1. The 'new approach' based on the transfer of
harmonization from the administrative authorities to

European standardization bodies represents a major
plank in Community policy on the removal of technical
barriers. Many standardization activities have been
officially assigned by the Commission to bodies of this
type in order to prepare more than 1 200 European
standards. The Commission feels that, in most industrial
fields, the working methods linked with this new
approach improve technical harmonization by directly
associating all of the interested parties.

2. The Commission is aware of the very hard work
performed by those bodies in order to tackle the major
challenge facing them. However, since a certain number
of delays in the preparation of those European standards
have been noted, the managements of those bodies,
together with the Commission have been prompted to
take steps to improve the efficiency of the working
methods and structures involved. In its 'Green Paper' on
the expansion of European standardization ('), the
Commission puts forward, among other things, short and
medium-term measures intended to improve the situation.

3. The internal rules of the European Standardization
bodies provide for participation in the preparation of the
European standards by the circles involved.

However, the Commission feels that still wider
involvement of those circles at European level is called
for, and involvement which _inter alia_ should, under
conditions of self-reliance and efficiency, expand the

No C 85/38 Official Journal of the European Communities 28. 3. 91

involvement of consumers and trade unions in order to
ensure that better account is taken of their interests, above
all with regard to product safety and that at the
workplace.

4. The Commission feels that the implementation of
the European standardization bodies procedures ensures
the legitimacy of the European standards, the references
for which are published automatically. It will also be
monitoring the preparation of those standards in order to
avoid any discrepancies with Community law.
Nevertheless, if any such discrepancies were to be
identified withdrawal procedures have been provided for
in each of the relevant directives.

(') COM(90) 456 final.

WRITTEN QUESTION No 2379/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 85/73)

_Subject:_ Appropriate questions on application forms

I note on application forms for administrative trainees
that among the questions asked of applicants are:

1. their gender,

2. their marital status, and

3. the occupation of their husband/wife.

Would the Commission explain if they consider these
questions in line with a policy of non-discrimination and
equality of opportunity, and would they explain why they
need this information, and to what use they put it?

Answer given by Mr Delors
on behalf of the Commission

_(6 December 1990)_

The particulars to be given on the application forms for
trainees are needed for purposes of:

— determining the amount of the grant (head of
household or not, husband/wife having an occupation
or not);

— addressing correspondence (Mr, Mrs or Miss);

— maintaining a balance between male and female
trainees.

It should be mentioned in this context that 63 % of current
trainees are women and 37% are men.

WRITTEN QUESTION No 2387/90

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 85/74)

_Subject:_ Community action in Gibraltar under the
European Social Fund

What investment in Gibraltar under the European Social
Fund has been planned and approved by the Community?

Answer given by Mrs Papandreou
on behalf of the Commission

_(3 December 1990)_

No operational programmes have been agreed specifically
for European Social Fund assistance to Gibraltar.

The Gibraltar authorities will be able to apply for
assistance with projects under objectives 3 and 4. These
project applications are being examined by the United
Kingdom authorities, who will decide whether to accept
or reject them. This procedure (for projects in 1990) is not
yet complete.

WRITTEN QUESTION No 2408/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 85/75)

_Subject:_ Environmental impact assessment and irrigation

The Spanish Ministry of Public Works is planning
large-scale irrigation schemes in the basins of the rivers
Duero and Tejo that could have serious adverse effects on
the habitat of a number of bird species that are threatened
on a global scale and for which the Spanish populations
are of vital importance.

Irrigation projects are not at present included in either
Annex I or Annex II of Directive 85/337/EEC ('), on the
assessment of the effects of certain public and private
projects on the environment.

1. If Community financial support is sought for these
projects, will the Commission insist that a thorough
EIA is carried out to ensure that the habitats of these
bird species are not adversely affected?

2. In the light of these serious threats to important
wildlife habitats, will the Commission now bring
forward, as a matter of the utmost urgency, proposals

28. 3. 91 Official Journal of the European Communities No C 85/39

for the amendment of Directive 85/337/EEC to

include irrigation projects, along with all other project
types which may adversely affect wildlife habitats?

(') OJNoL175,5.7. 1985, p. 40.

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

_(18 December 1990)_

1. The Spanish authorities have presented operational
programmes, jointly funded by the EAGGF Guidance
Section, with a view to improving agricultural production
conditions.

Under these programmes, irrigation schemes are planned
mainly in the Duero and Tagus basins.

An impact study must be carried out for any project that
might have an effect on the environment, and such
projects must include measures to offset any adverse
effects.

2. The Commission is currently considering the
possibility of specifically including irrigation projects in
the field of application of Directive 85/337/EEC since,
under certain conditions, irrigation can modify
ecosystems and bring about irreversible changes in
existing biotopes.

WRITTEN QUESTION No 2412/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 85/76)

_Subject:_ The 'Quimica del Nalon' undertaking

Gas emanations from the effluent of the Quimica del
Nalon undertaking situated in the Langreo municipality
(Asturias-Spain) constitute a potential health hazard for
the local residents.

1. Can the Commission ascertain whether the activities

of this undertaking are covered by Council
Directive 82/501/EEC (') on the major accident
hazards of certain industrial activities? Article 3 of this

directive states that all the measures necessary to
prevent major accidents and limit their consequences
for man and the environment must be taken.

2. Can the Commission request information from the
Spanish authorities on the nature of the products
manufactured by this undertaking, the safety

precautions followed and the toxicological findings
related to these products?

3. What measures will the Commission take, together
with the competent authorities, in order to

(a) help to protect the health of those affected in this

case,

(b) to ensure that the necessary measures are taken
for the safe disposal or recycling of this effluent?

(') OJ No L 230, 5. 8. 1982, p. 1.

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

_(19 December 1990)_

1. The Commission was not previously aware of the
problems raised by the Honourable Member regarding
Quimica del Nalon in Langreo.

2. If this industrial establishment is covered by
Directive 82/501/EEC (known as the 'Seveso' Directive)
on the major accident hazards of certain industrial
activities, the manufacturer is obliged to take all necessary
measures to prevent major accidents and to limit the
consequences of accidents, and the Spanish Government
is responsible for the proper application of these
provisions.

3. Furthermore, in accordance with Directive
75/442/EEC on waste ('), waste from this establishment
must be disposed of without endangering human health
or harming the environment. In addition, if this waste is
toxic and dangerous, such as that covered by
Directive 78/319/EEC ( [2] ), the company must, upon
request, provide the competent authorities with
information concerning in particular the quantity and
nature of the waste.

The Commission intends to refer this matter to the

Spanish Government.

(') OJNoLl94,25.7. 1975.
(') OJNoL84,31.3. 1978.

WRITTEN QUESTION No 2446/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 85/77)

_Subject:_ Specialized workforce for the installation of
solar energy facilities

Technological progress is essential for the development of
solar energy. At the same time, the installation of solar

No C 85/40 Official Journal of the European Communities 28. 3. 91

energy equipment and, in general, its more widespread
use depends upon the existence of a properly trained
skilled workforce, the scarcity of which is one of the main
obstacles to the wider use of solar energy.

Does the Commission therefore consider that Member

States should set up more vocational training centres
awarding diplomas for solar energy designers and fitters?
Is it aware of initiatives being taken by the Member States
concerned in this area? Is any form of cooperation taking
place between the Member States of the European
Community to encourage the creation of a specialized
workforce and promote training in state-of-the-art
technology in this sector?

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

_(4 January 1991)_

- Like the Honourable Member himself the Commission

feels that the education and training of staff specialized in
the practical use of renewable energy sources, and in
particular solar energy, are essential factors if they are to
become widespread.

The Commission is aware that, in certain Member States,
the official bodies responsible for renewable energy
sources are deeply involved in education and the
organizing of traineeships aimed at producing qualified
operatives who are awarded certificates at the end of their

courses.

The Commission feels that this type of training should
become a matter of course throughout the Community
and form the basis of a constant interchange, between
Member States, of experience and know how.

In pursuing its intention to promote and extend the
effects of research and cooperation and advanced
technologies the Commission has decided, as part of the
activities of the European Social Fund, to grand
preferential status to training schemes put forward by
Member States in conjunction with joint research and
development programmes (').

Finally, in order to add a Community dimension to
vocational training for new qualifications and trades, the
Commission has put to the Member States a
community-backed programme called 'Euroform' that is
currently before the European Parliament for its opinion.

(*) ESF guidelines — OJ No C 45,24. 2.1989.

WRITTEN QUESTION No 2453/90

by Mr Fernand Herman (PPE)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 85/78)

_Subject:_ Authorization for the Belgian National Giro
Office to issue credit cards

With reference to the answer by Sir Leon Brittan to my
Written Question No 1867/90 ('), the question was not
whether the Belgian Government may or may not
transform its national Giro Office into a credit institution

but whether such an institution is subject to Community
banking legislation.

If this is so, as the Commission implies, have steps already
been taken to ensure that the Giro Office agrees to
comply with all relevant Community rules, which
apparently is not as yet the case?

O OJ No C 63,11.3.1991.

Answer given by Sir Leon Brittan
on behalf of the Commission

_(29 November 1990)_

The Commission can only repeat what it already stated in
its answer to Written Question No 1867/90 ( [l] ).

Under the second indent of Article 2 (2) of the First
Directive on banking coordination (77/780/EEC) ( [2] ), as
amended by Article 1 of Directive 86/524/EEC ( [3] ), the
Belgian national giro office is not governed by
Community banking rules.

That being the case, the Commission is unable to do as the
Honourable Member apparently wishes, namely, to take
steps to ensure that the giro office in question complies
with all relevant Community rules.

O OJNoC283,12.11.1990.
O OJNoL322,17.12.1977.
O OJ No L 309,4.11.1986.

WRITTEN QUESTION No 2462/90

by Mr Jos£ Barros Moura (CG)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 85/79)

_Subject:_ ESF payments to Portugal

In the case of Objectives 3 and 4, in June 1990 the
implementation of allocations for authorizations stood at

28. 3. 91 Official Journal of the European Communities No C 85/41

only 18% of the 1990 budget (cf. SEC(90) 1334 final,
p. 5). This points to a considerable degree of inefficiency
as regards the European Social Fund. Given that the CSFs
for Objectives 3 and 4 do not include those Member
States such as Portugal which are covered in their entirety
by Objective 1, can the Commission indicate to what
extent Objectives 3 and 4 are taken account of the in the
CSF for Portugal? With respect to 1990, what is the
allocation for authorizations which has already been
implemented for Portugal?

Answer given by Mrs Papandreou
on behalf of the Commission

_(30 November 1990)_

The Community support framework for Portugal
includes several measures under Objectives 3 and 4.
Operational programmes have been planned for each of
the following areas:

— technological training and basic vocational training

— aids for recruitment and the creation of self-employed
activities

— migrants

— women

— disabled people.

The Commission approved 10 multiannual operational
programmes in January 1990. The European Social Fund
assistance amounts to ECU 124 million for the five

programmes under Objective 3, and to ECU 266 million
for the five programmes under Objective 4 over the
period 1990 — 93.

With respect to 1990, the amount approved stands at ECU
26,7 million for the programmes under Objective 3, and
at ECU 66,0 million for programmes under Objective 4.

In accordance with Community rules, when the decisions
were adopted the Commission transferred 50% of the
amounts approved for 1990 to the Portuguese authorities.

WRITTEN QUESTION No 2525/90

by Mr Jesus Cabezon Alonso (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 85/80)

_Subject:_ Objective 5 (b) and Cantabria (Spain)

On 6 June 1990, the Commission adopted the Objective 5
(b) Community support framework for Spain.

Of the Objective 5 (b) measures to be implemented, what
programmes and projects will be cofinanced in the
Autonomous Community of Cantabria?

What will be the European Community's financial
contribution to these programmes and projects?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(8 January 1991)_

The programmes and projects to be part-financed in the
Autonomous Community of Cantabria under Objective 5
(b) of the reform of the structural Funds will be defined
in the operational programme to be adopted by the
Commission under the Community support framework
for that region.

The operational programme for the development of rural
areas of Cantabria was officially submitted to the
Commission by the Spanish authorities on 11 October
1990. It is now being examined by the Commission to
ensure that it fulfills all the requirements for approval.

The Commission is sending direct to the Honourable
Member and to the Secretariat of Parliament tables

setting out:

(a) the priorities for assistance selected in the
Community support framework within which the
programmes or projects to be part-financed fall;

(b) the European Community's contribution to
Cantabria.

WRITTEN QUESTION No 2622/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 85/81)

_Subject:_ Cot deaths in Member States

What are the comparative statistics for the number of cot
deaths in Member States?

Is the Commission aware that there are considerable

differences in the amount of research conducted in

Member States into the causes of cot deaths ?

What steps is the Commission taking to coordinate
research in this area and to provide a clearing house for
dissemination of this information?

No C 85/42 Official Journal of the European Communities 28. 3. 91

Answer given by Mrs Papandreou
on behalf of the Commission

_(13 December 1990)_

With regard to comparative statistics for the number of
cot deaths in the Member States, the Honourable

Member is referred to the Commission's answers to oral
questions H-135/89 by Mrs Banotti ( [l] ), H-421/89by Mrs
Giannakou-Koutsikou ( [2] ) and H-611/89 by Mrs
Dury ( [3] ).

As regards Community research in this area, since the
answer given by the Commission to Written Question
No 627/89 by Mr Andrews ( [4] ), a decision has been
reached on the third framework programme (1990—94)
and the Commission has put before the Council a
proposal for a research programme in the field of
bio-medicine and health (1990—94), which is currently
being examined by Parliament. This will cover
coordination of comparative research on perinatal and
pediatric diseases and the effectiveness of prophylactic
and therapeutic measures.

(') Debates of the European Parliament No 2-380 (September

1989).
_(*)_ Debates of the European Parliament No 3-383 (November

1989).
(') Debates of the European Parliament No 3-385 (January

1990).
( [4] ) OJNoC328,31. 12.1990.

WRITTEN QUESTION No 2644/90

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 85/82)

_Subject:_ Implementation of Directive 79/409/EEC:
special protection area for Bonelli's eagle
(Hieraetus fasciatus) in France

What special protection areas have been designated by
France under Directive 79/409/EEC (') for the
conservation of Bonelli's eagle where it is still to be
found?

(') OJNoLl03,25.4. 1979, p. 1.

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

_(7 December 1990)_

France has not so far designated any special protection
area for Bonelli's Eagle.

WRITTEN QUESTION No 2654/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 85/83)

_Subject:_ Equal opportunities for men and women

Are provisions stipulating an identical minimum height
for men and women in respect of certain professions
compatible with the principle of equal opportunities
propounded at Community level, particularly where the
required minimum height is less than the average height
of men and more than the average height of women ?

Answer given by Mrs Papandreou
on behalf of the Commission

_(8_ _January 1991)_

Provisions stipulating a minimum height for men and
women in respect of certain professions are not
necessarily incompatible with the principle of equal
treatment for men and women accepted at Community
level.

Nevertheless, the existence of a minimum height
requirement greater than the average height of women
and less than the average height of men could, in certain
circumstances, constitute indirect discrimination in
selection criteria for access to certain professions contrary
to Article 3 of Council Directive 76/207/EEC (').

This would be so in the case of a condition for which

there was no objective justification.

(') Directive of 9 February 1976 on the implementation of the
principle of equal treatment for men and women as regards
access to employment, vocational training and promotion,
and working conditions — OJ No L 39, 14.2. 1976.

WRITTEN QUESTION No 2715/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 85/84)

_Subject:_ Poverty in Portugal

The statistics published by the Commission on poverty
trends between 1980 and 1985 show that Portugal is the
Member State with the highest number of poor, since
33% of its population are below the relative poverty

28. 3. 91 Official Journal of the European Communities No C 85/43

threshold with their expenditure not only being less than
half of an average family in a year, but also the lowest in
the Community. Furthermore, the poverty rate in
Portugal between 1980 and 1985 actually rose.

If all the countries had the same population, the
percentage of poor people in Portugal would be 35 %.

1. Is it possible to establish the broad trends in this
situation between 1985 and 1990, the first five years of
Portugal's membership of the EEC ?

2. How are the subsidies and Community aid for
combating poverty in Portugal calculated, given that
Portugal receives less than it should in the light of the
absolute and relative seriousness of the poverty
affecting its population?

Answer given by Mrs Papandreou
on behalf of the Commission

_(11 January 1991)_

1. The Commission does not yet have any statistics on
poverty in Portugal for 1990. The study mentioned by the
Honourable Member was based on national surveys on
family budgets, which are the source best fitted for
comparative analysis of poverty although the data they
provide are not entirely homogenous. For Portugal, the
source used was the 1980/81 survey, the results of which
were extrapolated for 1985; the 1989/90 survey data will
not be available until mid-1991, and only then can any
really valid analysis be made of poverty trends in the
eighties.

Production of statistics on poverty is, of course, subject to
a number of constraints and methodological limitations.
More detailed information on the study made will be
given in the forthcoming publication _Poverty in figures:_
_Europe_ _at the_ _beginning_ _of the_ _1980s_ (Eurostat, Theme 3,
Series C).

2. Community assistance under the structural Funds
takes account of various indicators in the Member States.
The relative scale of conditions of poverty was also taken
into consideration to some extent in allocating the
appropriations for the new Community programme for
the economic and social integration of less-privileged
groups (Poverty 3, 1989—94, Council Decision of 18 July
1989): funds were distributed in such a way as to, reflect
the Community's solidarity with its southern members.
But this was a trial programme made up of a limited
number of pilot projects and it was not possible to apply
rigid principles of proportionality. Among the 39
projeccts in the whole programme, there are 4 in Portugal
(Almeida, Cortesis Aldeias de Montanha, Oporto and
Lisbon).

WRITTEN QUESTION No 2729/90

by Mr Henry McCubbin (S)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 85/85)

_Subject:_ Retirement pensions — equality for men and

women

In the light of the judgment of the European Court of
Justice of 17 May 1990, Case C-262/88: Douglas Harvey
Barber v. Guardian Royal Exchange Assurance Group,
the judgment, which was in favour of the said Douglas
Harvey Barber, was restricted only to persons who had a
claim already lodged with the courts.

Many citizens in Europe are not in a position to avail
themselves of legal services. This means that the judgment
which was dealing with inequality itself reaffirms
inequality.

Will the Commission now ask for a review of this
judgment to ensure that all pensioners who have been
discriminated against in a like manner will be eligible for
the same compensation?

Answer given by Mrs Papandreou
on behalf of the Commission

_(17_ _January 1991)_

Under the third medium-term Community action
programme on equal opportunities for men and women,
the Commission will be presenting a communication on
the conclusions to be drawn from the judgment handed
down by the Court on 17 May 1990 in Case 262/88
Barber v. Guardian Royal Exchange Assurance. It will
also be presenting a new proposal amending its proposal
for a Directive presented in October 1987 (COM(87) 494
final), which is intended to fill the gaps in
Directives 79/7/EEC ( [l] ) and 86/378/EEC Q and
concerns _inter_ _alia_ equal treatment as regards retirement
age, to remove the provisons which have been overtaken
by the above judgment.

(') OJN0L6,10.1.1979.
O OJNoL225,12.8.1986.

WRITTEN QUESTION No 2750/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 85/86)

_Subject:_ Eurotalent and Eurointel

A meeting of Eurointel will be held from 3 to 5 December
1990 in Strasbourg to examine the consequences of

No C 85/44 Official Journal of the European Communities 28. 3. 91

educational methods which are not suited to individuals
of above-average intelligence.

The organization Eurotalent, based in Nimes, France, is
concerned with the same issue. It is campaigning for the
'right to be different'.

Is the Commission aware of these two initiatives, and is
there any possibility of its providing them with support in
order to make the best possible use of the exceptional
talents of gifted young nationals of the EC Member
States?

Answer given by Mrs Papandreou
on behalf of the Commission

_(22_ _January 1991)_

The Commission has been informed of the two initiatives
to which the Honourable Member refers and is following
their development with interest.

WRITTEN QUESTION No 2898/90

by Mr Henry Chabert (RDE)

to the Commission of the European Communities

_(3_ _January 1991)_

(91/C 85/87)

_Subject:_ Situation of conscientious objectors in Greece

In Greece conscientious objectors are sometimes
subjected to very heavy penalities and some people are
sentenced to many years imprisonment on these grounds.

Does the Commission take the view that some
conscientious objectors who are currently imprisoned in
Greece may be considered to be prisoners of conscience in
violation of Article 9 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms
which was ratified by Greece in 1974.

United Nations resolution 1989/53, Council of Europe
recommendation No R (87) and the European Parliament
resolution of 13 October 1989 recommend that Member
States change their laws to provide for a civilian service as
an alternative to compulsory military service, the duration
of which should not, however, render it equivalent to a
form of punishment.

Can the Commission explain why Greece, a Member State
of the European Community, has still not changed its
laws on the subject, despite announcing in 1988 a draft
law on military conscription which was to introduce a
civilian alternative to armed service?

Does the Commission believe that a degree of
harmonization of the status of conscientious objectors in
the European Community could eventually be achieved?

Answer given by Mr Delors
on behalf of the Commission

_(23_ _January 1991)_

The Commission has already stated on numerous occasions — most recently in answer to oral question
No H-1261/90, tabled by Mr Dessylas (») — that this
matter is outside its jurisdiction.

O Debates of the European Parliament No 3-397 (December
1990).