Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

##### C 311
# Official Journal

Volume 38

#### of the European Communities

Information and Notices
English edition

22 November 1995

Notice No Contents
Page

I Information

European Parliament

Written Questions with answer

95 / C : 31 1 / 01

95 / C : 31 1 / 02

95 / C 3 1 1 / 03

E-949 / 95 by Mihail Papayannakis to the Commission
Subject : Construction of a breakwater at the entrance to Chania harbour ( Supplementary
answer ) 1

E - 13 86 / 95 by Nel van Dijk to the Commission
Subject : Coordination of cross-border rivers policy 1

E - 1387 / 95 by Nel van Dijk to the Commission
Subject : Support for, and coordination of, cross-border rivers policy 2

Joint answer to Written Questions E - 1386 / 95 and E - 1387 / 95 2

95 / C 31 1 / 04 E-1563 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Desertification 4

95 / C 31 1 / 05

95 / C 31 1 / 06

95 / C 31 1 / 07

95 / C 31 1 / 08

EN

E-1583 / 95 by Josu Imaz San Miguel to the Commission
Subject : Aragon-Cazaril high-tension power line 4

E - 1 585 / 95 by Josu Imaz San Miguel to the Commission
Subject : Aragon-Cazaril high-tension power line 5

Joint answer to Written Questions E-1583 / 95 and E - 1585 / 95 5

E-l 587 / 95 by Stefano De Luca to the Commission
Subject : Regulation of selection criteria for recruitment of trainees ( stagiaires ) at the
Commission 5

E-l 626 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Progress following the report on the adoption of a specific programme for dissemination
and exploitation of the results of research, technological development and demonstration .... 6

2 ( Continued overleaf )

Notice No

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EN

Contents ( continued )

E - 1639 / 95 by Amedeo Amadeo to the Commission

Subject : Community eco-management and audit scheme

E - 1663 / 95 by Mark Killilea to the Commission

Subject : Future of the Eco-label award scheme

E - 1688 / 95 by Katerina Daskalaki to the Commission

Subject : Maintaining economic activities in the immediate vicinity of special protection areas

E - 1689 / 95 by Jan Sonneveld, Ria Oomen-Ruijten and Marianne Thvssen to the
Commission

Subject : Cross-border transport of animal manure by farmers to their own agricultural land in
Wallonia

E - 1696 / 95 by Frederic Striby to the Commission
Subject : Recognition of rules on ' accompanied learner drivers 1

E - 1706 / 95 by Mary Banotti to the Commission
Subject : Complementary medicines and therapies — their status

E - 1747 / 95 by Gerfrid Gaigg to the Commission
Subject : Discrimination by the European Union against small and medium-si / ed businesses . .

E - 1773 / 95 by I . ucio Manisco to the Commission
Subject : 1995 European Young Consumer Competition

E - 1792 / 95 by Philippe De Coene to the Commission
Subject : Proceedings for failure to comply with Directive 76 / 464 / EEC

E - 1798 / 95 by Katerina Daskalaki to the Commission
Subject : Unemployment and social problems in the community of Mantoudi m Euboia

E - 18 14 / 95 by Alexandros Alavanos to the Commission
Subject : Protection and development of forestry in Greece

E - 1828 / 95 by Salvador Garriga Polledo to the Commission

Subject : Restructuring the shipbuilding sector in Gijón Asturias

E - 1830 / 95 by Salvador Garriga Polledo to the Commission
Subject : The North-West Public Coalmining Company, Ltd ( Hunosa )

E - 1 83 1 / 95 by Salvador Garriga Polledo to the Commission
Subject : Single currency and pensions

E - 1843 / 95 by Mihail Papayannakis to the Commission
Subject : Water supply for the town of loannina

E - 1845 / 95 by Fausto Bertinotti to the Commission
Subject : Introduction of a Directive setting limit values for dioxin and furan emissions from
municipal waste incineration plants

E - 1850 / 95 by Mark Killilea to the Commission
Subject : Over-production of Norwegian farmed salmon

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95 / C 31 1 / 27

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EN

E-l 851 / 95 by Mark Killilea to the Commission
Subject : Norwegian salmon production 18

E-1859 / 95 by Luciano Vecchi to the Commission
Subject : Adverse effects suffered by Community citizens taking out loans in ECU and foreign
currencies 18

E-l 86 1 / 95 by Honório Novo to the Commission
Subject : Environmental impact assessment in respect of the IP1 motorway between Freixo and
Carvalhos 19

E-l 866 / 95 by Iñigo Mendez de Vigo to the Commission
Subject : Free trade treaty with the USA 19

E-l 883 / 95 by Elisabeth Schroedter and Friedrich-Wilhelm Graefe zu Baringdorf to the
Commission

Subject : Hemp growing 20

E-l 888 / 95 by Alexandros Alavanos to the Commission
Subject : Completion of the road between Skutari and Kotronas 20

E-l 93 8 / 95 by Graham Mather to the Commission
Subject : Discriminatory rules in the sale of property in Spain 21

E-1945 / 95 by James Provan to the Commission
Subject : European Union tourism statistics 21

E-l 947 / 95 by Christine Crawley to the Commission
Subject : Milk 22

E-l 955 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : EU refunds on exports of agricultural products 23

E-1956 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Subsidy fraud in respect of the mass transport of animals 24

E-l 969 / 95 by Karl Schweitzer to the Commission
Subject : Environmental impact assessment 24

E-1971 / 95 by Alexandros Alavanos to the Commission
Subject : Destruction by earthquakes of public buildings in Lefkopigi 25

E-l 998 / 95 by Giulio Fantuzzi to the Commission
Subject : Appellation of wine 25

E-1999 / 95 by Sergio Ribeiro to the Commission
Subject : Social and economic situation in Cebolais de Cima / Retaxo, Castelo Branco, Portugal 26

E-2005 / 95 by John Corrie to the Commission
Subject : Arable Area Payments scheme 26

E-2007 / 95 by John Corrie to the Commission
Subject : Agricultural subsidy payments 27

E-2027 / 95 by Klaus Rehder to the Commission
Subject : Removal of obstacles to trade in GATT 27

( Continued overleaf )

Notice No

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95 / C 311 / 61

EN

Contents ( continued ) Page

E-2030 / 95 by Gerhard Botz to the Commission
Subject : Trans-regional sale of products as a criterion for ERDF support, particularly in rural

areas

E-2031 / 95 by Jose Happart to the Commission
Subject : Use of hormones in stock-breeding in the USA

E-2032 / 95 by Jose Happart to the Commission
Subject : The fight against drugs

E-2037 / 95 by Christa Klal ? to the Commission
Subject : Equivalence between degrees conferred by higher education establishments in the
European Union

E-2043 / 95 by Hugh Kerr to the Commission

Subject : Fundamental rights of EU citizens

E-2046 / 95 by Sebastiano Musumeci to the Commission
Subject : More effective plant protection measures against citrus fruit parasites

E-2056 / 95 by Anna Terron i Cusí to the Commission

Subject : Positive discrimination within the Commission

E-206 6 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Budget heading A-1 82

P-2067 / 95 by Philippe De Coene to the Commission
Subject : Unequal terms of competition for the introduction of teleshopping in Flanders

E-2091 / 95 by Odile Leperre-Verrier to the Commission

Subject : Equine improvement

E-2093 / 95 by Mihail Papayannakis to the Commission
Subject : Prices of new pharmaceutical products

E-2094 / 95 by Mihail Papayannakis to the Commission
Subject : Quality of pharmaceutical products

E-2097 / 95 by Giancarlo Ligabue to the Commission
Subject : Arrangements applying to trade in cheese between the European Union and
Switzerland

E-2 106 / 95 by Amedeo Amadeo to the Commission
Subject : The cost of newsprint

E-2 108 / 95 by Amedeo Amadeo to the Commission
Subject : Recognition of qualifications

E-2 110 / 95 by Amedeo Amadeo to the Commission

Subject : Old-age pensions

E-2 1 1 3 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Budget item ' Subsidies to organizations advancing the idea of Europe '

E-21 14 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Budget item ' Support for international non-governmental youth organizations '

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37

Notice No Contents ( continued ) Page

95 / C 311 / 62 E-2115 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Budget item ' Other subsidies ' 37

Joint answer to Written Questions E-21 13 / 95, E-2114 / 95 and E-21 15 / 95 38

95 / C 311 / 63 E-2127 / 95 by Gerhard Schmid to the Commission
Subject : Acquisition of fire engines in Greece 38

95 / C 311 / 64 E-2132 / 95 by Françoise Grossetete to the Commission
Subject : Mutual recognition of professional experience acquired, on the basis of diplomas,
successively in several Member States 38

95 / C 311 / 65 E-2137 / 95 by Alexandros Alavanos to the Commission
Subject : Conservators of works of art 39

95 / C 31 1 / 66 E-2151 / 95 by Leen van der Waal to the Commission
Subject : Impending law on religion in Croatia 40

95 / C 311 / 67 E-21 65 / 95 by Alexandros Alavanos to the Commission
Subject : Ro-ro car ferries 40

95 / C 311 / 68 E-2166 / 95 by Alexandros Alavanos to the Commission
Subject : Appropriations for the organization of the 1 994 European elections 40

95 / C 311 / 69 E-2347 / 95 by Nikitas Kaklamanis to the Commission
Subject : Election bonus for Greek police officers 41

Joint answer to Written Questions E-2166 / 95 and E-2347 / 95 41

95 / C 311 / 70 E-2216 / 95 by John Tomlinson to the Commission
Subject : Benefit on death of an official 41

95 / C 311 / 71 E-2218 / 95 by Stephen Hughes to the Commission
Subject : Vertical restraints on trade 42

95 / C 311 / 72 E-2223 / 95 by Raymonde Dury to the Commission
Subject : Regulation ( EEC ) No 3254 / 91 on leghold traps 42

95 / C 311 / 73 P-2225 / 95 by Eryl McNally to the Commission
Subject : Release of barley by the Intervention Board 43

95 / C 311 / 74 E-2265 / 95 by Hugh Kerr to the Commission
Subject : Fairness and objectivity in the standards making process 43

95 / C 311 / 75 P-2269 / 95 by Vassilis Ephremidis to the Commission
Subject : Effective programmes for the funding of forrest protection in Greece 44

95 / C 311 / 76 P-2276 / 95 by Sergio Ribeiro to the Commission
Subject : The Alqueva dam in the Alentejo region of Portugal 45

95 / C 311 / 77 E-2282 / 95 by Fernand Herman to the Commission
Subject : Competition for recruitment of administrators 45

95 / C 311 / 78 P-2288 / 95 by Giulio Fantuzzi to the Commission
Subject : Certification of equipment used in amusement parks 46

EN

( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 311 / 79 E-2292 / 95 by Karla Peijs to the Commission
Subject : Pharmaceuticals : Netherlands pricing proposal 46

95 / C 311 / 80 E-2294 / 95 by Nicole Fontaine to the Commission
Subject : Deferral of taxation on capital gains for taxpayers under the system for profits from
non-commercial occupations 47

95 / C 311 / 81 P-2298 / 95 by Hugh McMahon to the Commission
Subject : Problems in the administration of the European Social Fund in the UK 48

95 / C 311 / 82 E-2348 / 95 by Bill Miller to the Commission
Subject : ESF payments to voluntary organizations 48

Joint answer to Written Questions P 2298 / 95 and E-2348 / 95 48

95 / C 311 / 83 E-2316 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Access to the Socrates programme 48

95 / C 311 / 84 E-240 5 / 95 by Antonio Oraziani, Giampaolo D'Andrea, Pierluigi Castagneti and Maria
Colombo Svevo to the Commission

Subject : The Socrates and Youth for Europe programmes 48

Joint answer to Written Questions E-2316 / 95 and E-2405 / 95 48

95 / C 311 / 85 E-2323 / 95 by Nana Mouskouri to the Commission
Subject : VAT on records 50

95 / C 311 / 86 E-2332 / 95 by Anita Pollack to the Commission
Subject : Home workers 50

95 / C 311 / 87 E-2360 / 95 by Peter Crampton to the Commission
Subject : Maastricht Treaty — voting rights 51

95 / C 311 / 88 E-2367 / 95 by Brigitte Langenhagen to the Commission
Subject : Ship Safety Regulation / 25 nautical miles 51

95 / C 311 / 89 E-2387 / 95 by Roberta Angelilli to the Commission
Subject : Financial irregularities 52

95 / C 311 / 90 E-2390 / 95 by Leen van der Waal to the Commission
Subject : Policy on asylum in Cyprus 52

95 / C 311 / 91 E-2428 / 95 by Nikitas Kaklamanis to the Commission
Subject : Fines on Greek haulage contractors 53

95 / C 311 / 92 E-2434 / 95 by Maartje van Putten to the Commission
Subject : Detained minors in Honduras 53

95 / C 311 / 93 E-2435 / 95 by Maartje van Putten to the Commission
Subject : Funding of workshops in a centre run by the Junta Nacional de Bienestar Social .... 54

95 / C 311 / 94 E-2443 / 95 by Peter Crampton to the Commission
Subject : Advisory panels used by the Commission 54

EN

( Continued on inside back cover )

Notice No Contents ( continued )

95 / C 31 1 / 95 E-2459 / 95 by Carole Tongue to the ( Commission
Subject : Spanish taxation on non-resident property owners 54

95 / C ! 31 1 / 96 E-2474 / 95 by Edward Kellett-Bowman to the Commission
Subject : EC package travel Directive 55

95 / C ] 31 1 / 97 P-2487 / 95 by Bernd Lange to the Commission
Subject : Budget heading B3-4I 10 in the Budget of the European ( Community 55

95 / C ] 31 1 / 98 P-2497 / 95 by Peter Truscott to the (] ommission
Subject : British arms sales to Nigeria 56

95 / C 31 1 / 99 E-2501 / 95 by Amedeo Amadeo to the Commission
Subject : Environment 56

95 / C 31 1 / 100 E-2505 / 95 bv Amedeo Amadeo to the ( Commission

Subject : Drug addiction ( ecstasv ) 57

95 /(] 31 1 / 101 E-2506 / 95 by Amedeo Amadeo to the (] ommission
Subject : Tuberculosis 57

95 / C 31 1 / 102 P-2543 / 95 by Leonie van Bladel to the Commission

Subject : Participation by the European Union in the celebrations to mark the 3()0()th anniversary
of the foundation of Jerusalem 58

95 / C 31 1 / 103 E-2606 / 95 by Jesus Cabe / 6n Alonso to the Commission
Subject : Structural investment in Cantabria 58

Corrigenda

95 / C 31 1 / 104 Corrigendum to Written Question E - 1462 / 95 by Jose Barros Moura ( PSE ) to the
Commission of 22 Mav 1995 59

EN

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-949 / 95 restoration work on those sections of the monument that
by Mihail Papayannakis ( GUE / NGL ) genuinely need to be repaired and, secondly, for an overall

to the Commission investigation into the overall problems facing the seafront of
the old town ?

( 31 March 1995 )

( 95 / C 311 / 01 )

Supplementary answer given by Mrs Wulf-Mathies

on behalf of the Commission

Subject : Construction of a breakwater at the entrance to on behalf of the

Chania harbour ( 19 September 1995 )

Chania harbour

At the entrance to the old Venetian harbour of Chania work

is going ahead on a project to extend the breakwater by 150
metres in length and to increase its height to 0,80 metres
above sea level . The ostensible reason for this project is to
protect the Venetian harbour from being battered by the

sea .

Given that :

1 . The first Community-funded construction above sea
level exceeded the specifications set out in the study that
had been approved ;

2 . the study for the extension is incomplete and will
inevitably have undesirable consequences ( changes in
sea currents, the enclosure of more effluents within the
harbour area etc .);

3 . the Venetian pier has been listed as an historical
monument of European importance and it is therefore
unacceptable that the surrounding area should be
altered or disturbed in any way ;

4 . the project will have no environmental or economic
benefits and is being opposed by local bodies ( the
municipal authorities, archaeologists, the technical
chamber of commerce, the architects association ) as well
as ordinary citizens .

Will the Commission say whether it intends to make direct
representations to the Greek authorities to prevent the
implementation of this project which will very likely have
irreversible consequences and make an amount equivalent
to that set aside for this purpose ( which may come from
Community funds ) available, firstly, for immediate

Further to its answer of 19 April 1995, the Commission
would like to inform the Honourable Member that,
according to the Greek national authorities, the work
financed in the port of Chania in the context of the
Community support framework ( CSF ) for 1989 — 1993 was
necessary in order to protect the port against the risks from
bad weather and floods . Regarding the mole, it appears that
it was built 80 centimetres higher than originally planned to
offset expected subsidence, which has in fact already
occurred .

The Commission is not aware of a study for the extension of
the above project . If the regional authorities were to propose
further financing of this project by the Structural Funds, the
Commission would require that the impact on the
environment be studied .

WRITTEN QUESTION E    - 1386 / 95

by Nel van Dijk ( V )

to the Commission

( 12 May 1995 )

( 95 / C 311 / 02 )

Subject : Coordination of cross-border rivers policy

Following the floods affecting the area along the Rhine and
the Maas ( Meuse ) last winter, the Environment Ministers of

No C 311 / 2 1 EN 1 Official Journal of the European Communities 22 . 11 . 95

France, Germany and the Benelux countries announced an
action plan on 4 February in Aries for the flood areas of
these rivers . The action plan is intended to provide :

1 . an international coordinated water management

system ;

2 . planning measures to permit greater water storage in the
entire river area, such as changes in land use,
re-afforestation, the return to nature of land along the
rivers, the creation of overflow areas and storage basins
and the de-canalization of streams ;

3 . the prevention of further urban development in
vulnerable areas along the Maas and the Rhine, possibly
by means of £ . ban on building .

The Ministers of Environment have called on their

colleagues responsible for planning to produce an action
plan jointly .

In their response on 30 March in Strasbourg, the Ministers
of Regional Planning of the five countries in question stated
that their intention of setting up a working party to study
what measures needed to be taken . Unfortunately, the
statement fails to recognise the need to restore the ecology of
the river area, which is precisely the point made in the Aries
Declaration and in the European Parliament 's resolution of

16 February .

In view of the importance of a dynamic cross-border
approach to curbing the risk of flooding, can the
Commission indicate how the activities of the working party
announced by the Ministers of Regional Planning, the
Commission 's inter-disciplinarv committee of officials, the
International Rhine Commission, the International Maas
Commission and the research bodies in the Delta Research

Project are to be coordinated ?

action plan on 4 February in Aries for the flood areas of
these rivers . The action plan is intended to provide :

1 . an international coordinated water management

system ;

2 . planning measures to permit greater water storage in the
entire river area, such as changes in land use,
re-afforestation, the return to nature of land along the
rivers, the creation of overflow areas and storage basins
and the de-canalization of streams ;

3 . the prevention of further urban development in
vulnerable areas along the Maas and the Rhine, possibly
by means of a ban on building .

The Ministers of Environment have called on their

colleagues responsible for planning to produce an action
plan jointly .

In their response on 30 March in Strasbourg, the Ministers
of Regional Planning of the five countries in question stated
their intention of setting up a working party to study what
measures needed to be taken . Unfortunately, the statement
fails to recognise the need to restore the ecology of the river
area, which is precisely the point made in the Aries
Declaration and in the European Parliament 's resolution of

16 February .

What appropriations, and from what funds, is the
Commission prepared to make available in support of
measures to curb the risk of flooding of the Rhine and Maas,
with particular regard to programmes which also involve
restoration of the environment ?

Will the Commission encourage public and private
organizations with expertise in ecological river management
to participate in the action plans for the Rhine and the
Maas ?

Is the Commission prepared to undertake the work of
coordination, as called for in Parliament 's resolution of

16 February, to asign water and river policy to one
commissioner 's portfolio and to seek to make water and
river policy a Community responsibility ?

,, as to called asign for water in Parliament and river policy 's resolution to one of Will programmes the Commission in the various endeavour regions which to integrate reflect the existing Aries

's portfolio and to seek to make water and Declaration and the Berne Declaration of 8 December 1994
a Community responsibility ? in the action plans for the Rhine and the Maas, and will it

provide financial support ? Examples are the Integrated
Rhine Programme of Baden-Wiirttemberg, the Interrhein
Programme of Baden-Wurttemberg and Alsace, the
Cirensmaas project in Limburg and the ' Living Rivers ' plan
WRITTEN QUESTION E-1387 / 95 developed by the Netherlands branch of the Worldwide
Fund for Nature .

by Nel van Dijk ( V )

to the Commission

( 12 May 1995 )

( 95 / C 31 1 / 03 ) Joint answer to Written Questions

E                          - 13 86 / 95 and E-l 387 / 95

given by Mrs Bjerregaard
on behalf of the Commission

Subject : Support for, and coordination of, cross-border on behalf of the

rivers policy (7 September 1995 )

rivers policy

Following the floods affecting the area along the Rhine and
the Maas ( Meuse ; last winter, the Environment Ministers of
France, Germany and the Benelux countries announced an

Coordination takes place where and when appropriate
depending on the initiatives expected by the Community .

22 . 11 . 95 1 EN | Official Journal of the European Communities No C 311 / 3

The Commission is actively participating in the following
working structures :

— the group ' action programme protection against
flooding ' of the Rhine Commission ;

— the Rhine-Meuse working party as set up following the

Strasbourg declaration ( first meeting held in The Hague,
9 June 1995 );

— the research delta project

and intends to participate as observer to the relevant Meuse
working groups .

In support of measures to curb the risk of pollution,
financing of any new measures at the Community level
should allow for the necessary geographical coverage, and
flexibility related to the irregularity and unpredictability of
natural disasters . In the assisted areas, existing instruments
can play a useful role for reconstruction and prevention
purposes, although these have serious limitations in terms of
flexibility of eligible actions and programming procedures,
as well as resources available . Where such instruments exist,
the fact that multi-annual programming has taken place
leaves only the possibility that Member States and regions
adapt existing programmes . Instruments for a contribution
to prevention measures are also available under the
accompanying measures to the common agricultural
policy reform ( the agri-environment and afforestation
programmes ), although the : r utility is limited by restrictions
on eligible actions and by the fact that allocations to
Member States for the period up to and including 1997 has
taken place .

There are various options lor possible Community actions
and measures :

— facilitating and supporting the current efforts
undertaken in concerted actions by the Member States
and regions, notably in the Rhine and Meuse river
basins ;

— re-focussing and strengthening of existing instruments

which are directly relevant for flood mitigation
measures, notably civil protection, research &
development (R & D ) programmes and environmental
protection programmes . The Commission has already
taken certain measures in the area of civil protection,
and initiatives to ensure a better focus of R & D

programmes on concrete projects, particularly for the
four Member States most concerned by the recent
floods ;

— collaboration in re-arranging operational programmes

— on the initiative of Member States and regions — to
re-focus structural and agri-structural policies towards
flood migration ;

— use of the possibilities offered by Article 10 in the

Council Regulation ( EEC ) No 2083 / 93 (') of 20 July

1993, amending Regulation ( EEC ) No 4254 / 88 laying
down provisions for implementing Regulation ( EEC )
No 2052 / 88 as regards the European Regional
Development Fund ( ERDF ) and Article 8 of the Council
Regulation ( EEC ) No 2085 / 93 of 20 July 1993 ('),
amending Regulation ( EEC ) No 4256 / 88 laying
down provisions for implementing Regulation ( EEC )
No 2052 / 88 as regards the European Agricultural
Guidance and Guarantee Fund ( EAGGF ) Guidance
Section for undertaking pilot projects directed towards
flood mitigation . The Commission has recently decided
to allocate ECU 2 million from the ERDF in support of
projects related to flooding problems .

If the Community were to adopt a specific Community
policy for integrated water-flow management, Member
States as well as private organizations would be invited to
present substantive proposals to deal with areas at risk in an
integrated and coordinated manner . Eligible actions would
be — for selected river basins at risk — facilitating
the drawing up of an integrated plan for sustainable
management ( e.g. by co-financing such efforts in the
relevant international fora such as exist for the Rhine

and will be created for the Meuse, and by focusing
Community R&D efforts ), and supporting financially the
implementation of specific measures according to approved
plans .

The action to be taken by the Community would cover not
only management of river basins, but also other objectives
and priorities in spatial planning .

Taking into account the restoration of the environment, the
Commission communication ' Europe 2000 +' identifies
certain possibilities, which could be launched either as
pilot projects or other initiatives focusing on strategic
planning .

Several of the existing policies and instruments do allow for
useful action that could contribute to flood prevention,
although there are a number of limitations to their
effectiveness . These result from the fact that flood

prevention cannot be the sole objective of actions, that the
geographical de-limitations are poorly suited for river basin
approaches, that resources are programmed on a
multiannual basis and that resources are necessarily
limited .

In respect of the subsidiarity principle, the Community 's
response should avoid duplicating efforts currently
undertaken by Member States and regions, and give added
value, for instance in facilitating concerted actions between
Member States .

(') OJ N « I. 193, 31 . 7 . 1993 .

No C 311 / 4 EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E    - 15 63 / 95

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

to the Commission

(1 June 1995 )

( 95 / C 311 / 04 )

Subject : Desertification

Prolonged and repeated drought and other factors are
causing severe desertification problems in certain regions in
the south of the Union .

What degree of priority does the Commission believe should
be accorded to desertification in the Union 's environmental

policies intended to aid the Member States ?

Answer given by Mr Fischler
on behalf of the Commission

(7 September 1 995 )

The Commission is aware of the serious risk of

desertification affecting certain zones in the Mediterranean
region of the Community, particularly in Spain, Portugal,
Italy and Greece . Anti-desertification action and soil
protection already fall within the scope of a number of
Community measures in areas such as protection of the
environment, agriculture, rural development, development
and protection of forests and scientific research .

The Structural Fund rules allow the European Regional
Development Fund ( ERDF ) to help finance investments in
production and infrastructure aimed at protecting the
environment if they will contribute to regional development .
Thus under the 1994 — 1999 programmes more than ECU
300 million has been allotted from the ERDF for

construction of dams in Spain, Portugal and Greece . The
Cohesion Fund will also contribute more than ECU 400

million to construction of dams in these Member States . The
Commission is also planning a study of the resources of the
river basins of the Iberian Peninsula . In the rural
development field ( Objectives 1 and 5(b )) the EAGGF
makes a significant contribution to forestry and
environmental action with a direct positive impact on the
fight against desertification . By way of example, EAGGF
support for this type of action in Spain was around ECU 70
million per year during the period 1989 — 1993 and for the
period 1994 — 1999 should be well over ECU 100 million

per year .

In the scientific research field important projects such as
Medalus and Eoeda, devoted to field study of and
experimental work on phenomena involved in the
desertification process, have been initiated under the Epoch

programme ( European programme on climatology and
natural hazards, 1 989 — 1 992 ). This work has been boosted
under the 1991-1994 environment R&D programme and
will be pursued and further boosted under the 4th
Community R&D framework programme ( 1994 — 1998 ),
and more particularly under the 1994 — 1998 environment
and climate programme .

Internationally, significant financial assistance has been
provided under bilateral development cooperation
programmes, particularly in the Lome Convention
framework . In October 1994 the Community signed the
International Convention on Desertification, which
includes an annex on its application in the northern
Mediterranean region .

In conclusion, the Commission considers that it is not the
lack of instruments at Community level that is the real
problem . The key to effective combating of desertification
lies in sensible use of land compatible with environmental
requirements and rational and cautious use of water
resources . The responsibility for such an approach lies
directly with local, regional and national authorities . The
Commission also considers that particular importance
attaches to afforestation, re-afforestation and forest
protection and to management and sustainable
development of forest resources .

As envisaged in the International Convention on
Desertification, it is now up to the Member States concerned
to draw up and implement national and, as appropriate,
regional action programmes to fight desertification .

WRITTEN QUESTION E    - 1 583 / 95

by Josu Imaz San Miguel ( PPE )

to the Commission

(7 June 1995 )

( 95 / C 31 1 / 05 )

Subject : Aragon-Cazaril high-tension power line

The French and Spanish Governments plan to build a
high-tension electricity line between France and Spain
through the Chistau Valley, linking the electricity
sub-stations of Cazaril and Aragon .

The project has recently been halted by a judgment of a
court in Pau once again denying authorization to build the
line along the current route because of the environmental
impact .

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 5

Moreover, the Municipalities of the Chistau Valley on the
Spanish side have taken their case to the Supreme Court to
stop the line from being built across the port of La Pez,
claiming that it would have a serious environmental impact
on the as yet untouched valley .

Is the Commission aware ol : the most recent judgment of the
court in Pau prohibiting the construction of the power line
along the current route ?

Given that there are other possible routes which are more
environmentally compatible and which are just as
technically feasible, would the Commission be prepared to
propose a study into a possible alternative route resulting in
less damage to the environment ?

Does not the Commission think that an improvement of the
existing Vic-Baixas line, making use of the corridor for the
existing line instead of opening up a new corridor, would
keep the environmental impact to a minimum and would
reduce the building costs ?

WRITTEN QUESTION E-1585 / 95

by Josu Imaz San Miguel ( PPE )

to the Commission

(7 lune 1995 )

( 95 / C 311 / 06 )

Subject : Aragon-Cazaril high-tension power line

In the list of projects contained in its guidelines on
trans-European energy networks, the Commission includes
the linking of the French and Spanish electricity grids
through the linking of the sub-stations of Aragon and
Cazaril .

The current planned route goes through a protected zone,
the Poset-Maladeta Park .

Given that there are alternative routes which are more

environmentally compatible and which are just as
technically feasible, does not the Commission think that the
building of the power line along the planned route would
run counter to the principles of environmental protection
established both in the Treaty on European Union and
in the White Paper on Growth, Competitiveness and
Employment ?

Does not the Commission think that the building of a power
line with pylons over 50-metres high, requiring the felling of
a 150-metre wide corridor, would have a serious visual
impact which would jeopardize the future of tourism in the
area, which is the principal source of income for the local
population ?

Joint answer to Written Questions

E-1583 / 95 and E-1585 / 95

given by Mrs Bjerregaard
on behalf of the Commission

( 22 September 1995 )

The attention of the Commission was brought to this
matter through a complaint which is currently under
investigation .

In the context of the handling of this complaint,
correspondence has been exchanged between the
Commission and the Spanish authorities . The Commission
still needs further information from the Spanish authorities
in order to have the necessary elements for an adequate
assessment of this case in the light of Community
environmental law .

On the one hand, the ecological importance of the area
affected by the project, the Gistain valley in Aragon,
deserves all the attention of the Commission and this matter

is on the agenda of a special meeting with the Spanish
authorities scheduled for October 1 995 . On the other hand,
the interest of the project from an energy point of view seems
undeniable as confirmed by the European Council at Essen,
which included this project in the list of priority projects
for the development of Trans-European Networks . The
Commission will seek to reconcile these two legitimate
interests ; i.e. energy policy and nature conservation .

The Commission will keep the Honourable Member
informed of the outcome of its investigations .

WRITTEN QUESTION E    - 1 587 / 95

by Stefano De Luca ( UPE )

to the Commission

(7 June 1995 )

( 951 C 311 / 07 )

Subject : Regulation of selection criteria for recruitment of

trainees ( stagiaires ) at the Commission

The Commission maintains that stagiaires ' contracts are a
good way of promoting better understanding of European
integration and not an atypical form of temporary
employment . The number of applicants and the quality of
their curricula are extremely high . The criteria for choosing
applicants who have been preselected and entered in the list
which circulates among the various Directorates-General
are unknown .

Will the Commission undertake to modify the system of
choosing among preselected applicants with the best
curricula by introducing objective, clear, automatic and
transparent selection criteria ?

No C 311 / 6 EN Official Journal of the European Communities 22 . 11 . 95

Will the Commission consider automatic and objective
selection criteria which place all preselected applicants on
the same footing, such as the drawing of lots ( the system
used in some Member States to select applicants in
university faculties with a restricted intake )?

In any case, for budgetary and logistical reasons the
Commission accepts fewer than 10 % of the applications it
receives .

It is not surprising, then, that even valid applications have to
be turned down .

Why does the Commission not introduce a supervision
scheme for applicants who are not given contracts ?

The Commission is always careful to point out to the
applicants concerned that they should not see their failure to
be accepted as a value judgment and that they can always
submit another application for a later training period .
Answer given by Mr Santer
on behalf of the Commission

( 19 September 1995 )

Under the Commission Rules governing in-service training,
applicants must fulfil the following objective conditions
before they can be admitted to the selection procedure :

( a ) they must be university graduates or holders of
diplomas equivalent to university degrees awarded at
the end of a full course of study, or

( b ) have successively completed at least four years ( eight
semesters ) of university study ;

( c ) they must be under 30 ;

( d ) they must have a thorough knowledge of one
Community language and a satisfactory knowledge of
one other .

Applicants are selected on the basis of qualifications and an
appropriate geographical distribution is maintained ;
account is taken of :

— the results they have obtained during their studies,

— completion of ( or attendance at ) a course on European

integration or Community law .

In the course of rhe selection procedure the Commission
may call on the assistance of pre-selection committees
drawn up on geographical lines .

In view of all this, the Commission considers that, despite
the pressure of numbers ( 10 000 applications for each
training session ), the current selection procedure as applied
in practice basically meets the objectives referred to by the
Honourable Member .

As for the possibility of drawing lots, as suggested by the
Honourable Member, the Commission doubts that this
practice could be applied to periods of in-service training,
which are in any case limited to five months . It would be an
extremely laborious undertaking to develop an automatic
selection programme geared to university systems, which
vary considerably within the 15 Member States of the
Community alone, not least in the way that students are
assessed .

WRITTEN QUESTION E    - 1626 / 95

by Elly Plooii-van Gorsel ( ELDR )

to the Commission

( 12 June 1995 )

( 95 / C 311 / 08 )

Subject : Progress following the report on the adoption

of a specific programme for dissemination
and exploitation of the results of research,
technological development and demonstration

1 . What progress has been made in response to the report
on the adoption of a specific programme for dissemination
and exploitation of the results of research, technological
development and demonstration ( A4-67 / 94 ) (')?

2 . What action has been taken to date ? What results has

it had ?

3 . What specific measures are being taken in relation to
small and medium-sized enterprises ? What are their
results ?

(') O J No C 341, 5 . 12 . 1994, p . 239 .

Answer given by Mrs Cresson

on behalf of the Commission

( 26 September 1995 )

The Council adopted on 15 December Decision 94 / 91 7 / EC
on the specific programme for the dissemination and
optimization of the results of activities in the field of
research and technological development ( RTD ) including
demonstration ( 1994 — 1998 ) (').

The Decision incorporates several amendments the
Parliament proposed . Some of them, for example
amendment 3 on the simplification and acceleration of the
candidature and selection procedures, are of a more general

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 7

nature and appear also in several other specific programmes
of the fourth framework programme . Others pertain only to
the specific programme for dissemination and optimization
of the results of RTD activities, for example amendment 5
on the building up of a knowledge infrastructure for the
dissemination and exploitation of RTD results .

In line with the Parliament 's specific amendment referred to
above a significant part of the programme concerns the
expansion of the infrastructure to disseminate and exploit
RTD results, having regard especially to small and
medium-sized enterprises { SMEs ). The two main elements
of this infrastructure are the Community research and
development information and dissemination service

( Cordis ) and the relay centres network .

As regards Cordis, this system, which was launched under
the third framework programme, is to evolve further during
the next three years by improving the general quality and
user interface of the databases, providing additional
functionality and multimedia, the use of new information
channels and inclusion of gateways to other European RTD
information services . A call for tenders ( 2 ) for the
continuous operation and further development of Cordis
along the lines specified above was published in June

1995 .

As regards the relay centres, since the beginning of the
programme, their mission has been widened with respect to
the original Value scheme and re-orientated towards a
demand led approach taking into account the needs of the
industrial fabric, to include and emphasize exploitation,
technology transfer and innovation in addition to the
provision of information on Community RTD .

Under this new mission the relay centres will become poles
in a region which will provide access to the required
expertise to support the exploitation, technology transfer
and innovation activities of the SMEs in that region . It
is furthermore planned that, following the call for
proposals C ) ( deadline 15 March ), the network of relay
centres will be substantially strengthened and consist of 52
such centres compared to 32 at the end of the third
framework programme .

In addition to the above a number of other actions have been

launched since the beginning of the programme, or are
about to be, involving SMEs . An example is the technology
transfer and validation projects . A call for proposals for
such projects, published on 15 March ( 4 ), resulted in the
submission of more than 500 proposals out of which
approximately 100 have been selected, most of them
involving several SMEs . Another example is the audits of
infrastructures, at regional level, to support the technology
transfer and innovation efforts of SMEs in that region .

Furthermore a green book on the promotion of innovation
policies is being prepared, having regard especially to small
and medium-sized firms . The objective is to identify the
factors that foster or obstruct innovation in the Community
and to propose, at all levels of decision making ( local,
regional, national and Community wide ) concrete, short

and medium term actions that will strengthen the overall
innovation capacity in the Community .

(') OJ No I. 361, 31 . 12 . 1994 .

( 2 ) OJ No C 136, 3 . 6 . 1995 .

( y ) OJ No C 12, 17 . 1 . 1995 .

( 4 ) OJ No C 64, 15 . 3 . 1995 .

WRITTEN QUESTION E    - 163 9 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 15 June 1995 )

( 95 / C 311 / 09 )

Subject : Community eco-management and audit scheme

European Regulation ( EEC ) No 1836 / 93 ( ] ) on the
eco-management and audit scheme marks a major step
forward since voluntary participation by companies in the
scheme represents one of the best opportunities for industry
to adopt an active strategy aimed at implementing
environmental policies and objectives and establishing
effective environmental management schemes .

However, does the Commission not consider that the lack of
international regulations harmonizing national regulations
on eco-management schemes allows Member States to
interpret procedures for implementing the Regulation in
a variety of ways, thus jeopardizing the efficiency of
the system, and can the Commission say whether it
considers that a Directive harmonizing the Regulation 's
implementation should not be adopted instead ?

(') OJ No L 168, 10 . 7 . 1993, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 18 September 1995 )

The eco-management and audit scheme ( EMAS ),
established by Council Regulation ( EEC ) No 1836 / 93,
entered into application in mid April 1995 .

Companies wishing to participate in the scheme have to
meet all the requirements of the Regulation . There is no
requirement that any national, European or international
environmental management system standard is used .

However, companies may choose to implement, and be
certified to, national, European or international standards .
Article 12 of the Regulation foresees that the certification
shall be deemed to meet corresponding requirements of the
Regulation provided that certain conditions are met :

— the standard and certification procedures are recognised

in accordance with the procedure established in
Article 19 of the Regulation ;

No C 311 / 8 EN Official Journal of the European Communities 22 . 11 . 95

— the accreditation of the certification body which issues

the environmental management system certificate is
recognized by the Member State where the site is
located .

The recognition process involves a detailed analysis during
which the areas of correspondence between the standard
and the Regulation are identified . The associated decision
clearly sets out the areas where corespondence is recognized
and, by implication, those areas where no such
correspondence exists . For those elements of the Regulation
for which there is no correspondence within the standard,
the requirements cf the Regulation still need to be met and it
is the duty of the EMAS verifier to ensure that this is so . In
this way it is hoped to ensure that the burden on industry is
minimised whilst still ensuring compliance with all the
requirements of the Regulation and thereby a uniform
application — regardless of whether or not a standards
based approach has been adopted .

Nevertheless the Commission recognizes the benefit of a
single European standard in this area . The European
standardization body ( CEN ) has accepted a mandate from
the Commission to develop standard(s ) in support of the
Regulation . The work of CEN should result in a draft
European standard by the summer of 1996 . As soon as a
European standard is adopted, the various national
standards within Europe will have to be withdrawn,
ensuring that, in time, a single European standard will
prevail . In addition the adopted standard will be presented
for recognition under Article 12 of the Regulation . Within
the mandate from the Commission, CEN is invited to take
account of the work currently underway within the
international standardization body ( ISO ). It is hoped that
this will ensure the maximum degree of compatibility
between environmental management system standards on
an international level whilst maintaining the integrity of the

EMAS .

WRITTEN QUESTION E-1663 / 95

by Mark Killilea ( UPE )

to the Commission

( 15 June 1995 )

( 95 / C 311 / 10 )

Subject : Future of the Eco-label award scheme

In recent weeks the Confederation of European Paper
Industries withdrew from the European Eco-label award
scheme, citing an inability to arrive at workable solutions
with the Commission which would adequately cover paper
products .

Given this setback to the application of the Eco-label scheme
to the paper industry, and in view of the many other

reservations expressed by organizations and Member States
over the unwieldy nature of the criteria involved, does the
Commission now feel it is time for a review of the scheme

and its operation ? Would it not agree that in the interests of
maintaining industry 's long-term credibility and
commitment to such a vitally important scheme, that a new
approach to assessment of products is now required ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 September 1995 )

It is important to distinguish between a general revision to
the Regulation ( EEC ) No 8 8 0 / 92 ( 1 ) on a Community
eco-label award scheme as a whole and one of the detailed

criteria pertaining to a specific product group . With regard
to the former, Regulation ( EEC ) No 880 / 92 foresees a
revision of the working of the scheme after five years . In
addition, an individual Commission Decision implementing
an eco-label for a given product group, may, once
established, be revised ever } - three years .

According to the eco-label Regulation, the Commission has
the task of establishing the ecological criteria, against which
the applications for the award of an eco-label have to be
assessed by the eco-label competent bodies which represent
the Member States . These criteria must be established in

accordance with principles and procedures set out in the
Regulation .

In particular, the criteria must be selective, in order to guide
consumers toward those products which have, on a
comparative basis, a reduced environmental impact .
Moreover, the criteria should be set in a ' cradle-to-grave '
perspective, considering all the stages of the life of a product
and all the environmental aspects related to those life

stages .

As far as the procedures are concerned, industry and the
other interest groups are consulted, through a consultation
forum, before a final decision is taken . Industry is usually
represented at the various stages of preparation by the
appropriate sectoral associations .

The process of consultation on the derivation of criteria for
an eco-label decision for ' fine paper ' ( photocopying and
non-impact printing paper ) has been open to interest parties
under the normal procedures established by the Regulation .
Given the consultation difficulties on the decisions for tissue

paper, particularly for third countries, this process has been
strengthened . As a result, industry representatives from
third countries have been able to put their views in full to the
Commission, the relevant bodies and the consultation

forum .

Unfortunately, it appears to have been difficult for the
Confederation of European paper industries ( CEPI ) to
participate constructively in a process which is aimed at

22.11.95 EN Official Journal of the European Communities No C 311 / 9

identifying the best products from the point of view of the
environment . This is disappointing when the Community
eco-label scheme is selective and based on the concept of
competition between companies as to their products '
relative environmental performance . One may well
understand there being concerns about possible subsequent
changes to the criteria, particularly bearing in mind the long
time-scale and highly capital-intensive nature of investments
in the pulp and paper industries . However the strategy of
harnessing competition is one which industry has been
known to support .

The Commission considers it to be very important for
industry to participate constructively in this scheme, and it
deeply regrets the non-participation of the main
Community paper industry representative . The preparatory
work concerning copying paper is not yet completed and the
Commission is carefully examining several outstanding
issues . Dialogue with the paper industry at this stage would
certainly be useful, and the Commission hopes that, given
the very flexible position taken recently on the draft criteria,
CEPI may re-examine its position . The Commission for its
part will soon offer again to CEPI the appropriate
opportunities for such dialogue .

(') O } No L 99, 11.4 . 1992 .

WRITTEN QUESTION E-1688 / 95

by Katerina Daskalaki ( UPE )

to the Commission

( 15 June 1995 )

( 95 / C 311 / 11 )

Subject : Maintaining economic activities in the immediate

vicinity of special protection areas

Since 1984, a number cf Community rules have been
drawn up, implementing Directive 79 / 409 / EEC ('), and,
contributing to nature conservation policy, the most
recent being Council Regulation ( EEC ) No 1973 / 92 ( 2 ),
establishing a financial instrument for the environment

( LIFE ).

1 . In addition to this financial instrument ( LIFE ), what
other instruments are currently available to dovetail
nature conservation policy with measures to maintain
and develop the economic activities of rural
communities situated in the immediate vicinity of special
protection areas, a situation which both affects them
and redounds to their credit ?

2 . Do these financial instruments make it possible to
contribute fully to the implementation of Directive

92 / 43 / EFC (') on the conservation of natural habitats,
which has been in force since June 1994 ?

(') OJ No L 103 ., 25 . 4 . 1979, p . 1 .

( 2 ) OJ No I. 206 ., 22 . 7 . 1992, p . 1 .

(■») OJ No I. 206 ., 22 . 7 . 1992, p . 7 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(3 October 1995 )

1 . A number of instruments can be used to support
nature protection activities, at the same time supporting the
economic activities of rural communities situated within or

just outside the protected sites .

Amongst these the most important are the
agri-environmental Regulation ( EEC ) No 2078 / 92 ('), the
Structural Funds ( Objective 1 and 5b regions ) and the
Community initiatives ( i.e. Interreg, Leader, Pesca ). Other
important means can be found under the Cohesion
Fund .

2 . The use of the financial resources mentioned above

contributes to the implementation of Directive 92 / 43 / EEC
only as a by-product of the different projects they finance .
Only rarely is it an explicit objective of the project . However
Life has often supported actions that have served as a
catalyst for the synergic use of financial means ( e.g., a Life
project targeted at a specific site served as a starter for an
agri-environmental project in the surrounding area ).

The Commission is aware of the fact that all these important
resources have a strategic role to play in supporting the
Member States in the implementation of the habitats
Directive . It is also making a special effort to increase the
level of coordination among the different services managing
these lines . At the same time a discussion is taking place with
the representatives of the Member States in the habitats
committee in order to secure increased cooperation and
understanding among the interested parties at national and
local level .

(') Of No I. 215, 30 . 7 . 1992 .

WRITTEN QUESTION E    - 1689 / 95

by Jan Sonneveld ( PPE ), Ria Oomen-Ruijten ( PPE ) and

Marianne Thyssen ( PPE )

to the Commission

( 15 fune 1995 )

( 95 / C 311 / 12 )

Subject : Cross-border transport of animal manure by
farmers to their own agricultural land in
Wallonia

The Belgian region of Wallonia is refusing to grant to foreign
and Flemish livestock farmers who have agricultural land in
Wallonia authorization for the transport of untreated

manure for their own use . In so doing, it is invoking the
provisions of Council Regulation ( EEC ) No 259 / 93 (' ), as it
regards manure as waste . The Netherlands, however, has
not classified animal manure intended for the fertilization of

agricultural land as waste within the meaning of that
Regulation .

No C 311 / 10 I EN I Official Journal of the European Communities 22 . 11 . 95

This is causing problems for a Dutch dairy farmer who owns
agricultural land in Wallonia, a short distance from his
farm . The manure to be carted is produced by the farmer 's
own livestock . He has requested authorization and satisfies
the requirements concerning the legally permitted
maximum amount of fertilizer to be applied . The fodder
grown on the land in question is for the farm 's own use . The
farmer should be allowed to employ what is a standard
agricultural practice .

1 . Is the Commission aware of the above case, and does it
consider the situation to be compatible with European
rules ?

2 . Does it not take the view that, when a farmer has
agricultural land on both sides of a border, standard
farming practice must be possible and that the border
must not constitute an obstacle to such practices ?

3 . Is it prepared to bring pressure to bear on the regional
authorities of Wallonia to remove the restrictions on the

cross-border transport of animal manure for own

use ?

(') OJ No L 30, 6 . 2 . 1993, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 18 September 1995 )

1 . The Commission was not aware of this case .

The Regulation invoked by Wallonia ( Regulation ( EEC )
No 259 / 93 on shipments of waste ) establishes a notification
and control system for shipments of waste and states that
authorities can object to imports of waste on certain
grounds .

Before examining the application of this Regulation,
however, one should consider on the basis of the definition
of waste ( Directive 75 / 442 / EEC (')) whether the case
concerns a waste . According to this definition a waste is ' any
substance or object [. . .] which the holder discards or
intends to discard or is required to discard '. It therefore
depends on the intention of the holder of a substance or
object whether it is a waste or not . In case of doubt or
dispute regarding the interpretation of the definition in a
specific case, only a court, and ultimately the European
Court of Justice can give a binding judgment .

When it is established that the substance or object is a waste,
the competent authority of destination can object against
import depending on what will be done with the manure

( disposal or recovery ). Since spreading of manure on land
can be classified as an operation which may lead to recovery

( cf . Annex IIB, Directive 75 / 442 / EEC ), the authority of
Wallonia can object to the import of manure in its condition

as waste on the basis of Article 7.4 of Regulation ( EEC )
No 259 / 93 . Such an objection has to be motivated . If a
person concerned is of the opinion that the objection is
without ground, here too only a court can give a binding
opinion .

Notwithstanding the above, the Commission points out that
shipments of untreated manure are more specifically
regulated by Council Directive 92 / 118 / EEC ( 2 ) as regards
animal health requirements . Pursuant to Chapter 14 of
Annex I of this Directive, only untreated manure from
horses and birds is allowed to be shipped to another
Member State, if certain health conditions are complied
with . Shipments of other kinds of untreated manure,
including manure from cattle, are prohibited .

2 . The Commission however agrees with the
Honourable Member that, when a farmer has farming land
on both sides of a border, it is desirable that normal practice
can continue if it does not entail risks for the environment

and human and animal health . It is for this reason that the

Commission is envisaging the possibility to modify Annex I

( Chapter 14 ) of Directive 92 / 1 1 8 / EEC, in accordance with
the competences delegated to it by the Council, with a view
to allowing, under certain conditions, certain shipments of
manure, and in particular in the case of land of an
agricultural company which is located on both sides of a
border between two Member States .

3 . The Commission requests the Honourable Member to
provide further details on the specific application for
authorization, in particular concerning the motivation for
the refusal, to assess the appropriate follow-up on the basis
of that information .

(') O J No L 194, 2.5 . 7 . 1975 .

( : ) 01 No L 62, 15 . 3 . 1993 .

WRITTEN QUESTION E-1696 / 95

by Frédéric Striby ( EDN )

to the Commission

( 15 June 1995 )

( 95 / C 31 1 / 13 )

Subject : Recognition of rules on ' accompanied learner
drivers '

French nationals aged 16 and over are authorized to drive
anywhere in France if accompanied by a designated
qualified driver, but are not allowed to cross national
borders under this ' accompanied learner driver ' scheme .

In view of the Schengen Agreements and the established
principle of freedom of movement of persons, this situation
should be reviewed, since it constitutes an obstacle to the
free movement of persons resident in border areas .

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 11

Does the Commission intend to encourage the other
Member States to recognize these arrangements ?

Answer given by Mr Kinnock

on behalf of the Commission

(7 September 1995 )

Council Directives 80 / 1263 / EEC ( ] ) and 91 / 439 / EEC ( ) on
driving licences provided for the reciprocal recognition of
driving licences . This does not cover learner-driver licences
whatever the system of instruction followed by the
applicant . The same applies to the international conventions
on road traffic, which only accept holders of ( full ) driving
licences in international travel .

' Driving on probation ' or ' accompanied learner driving ' is a
device introduced some years ago in France and more
recently in Belgium . The first results are encouraging and the
Commission is following this type of instruction with
interest . However, the Directives on driving licences referred
to above leave it to the Member States to develop the
training systems which to them seem best suited to their
specific national requirements, provided that the minimum
standards laid down in those same Directives, and more
particularly the standards set by the theoretical and practical
tests, are achieved by applicants for licences . The
Commission 's task at this level is to make it easier from

Member States to exchange experience rather than to
impose a given learner-driver system .

(') OJ No L 375, 31 . 12 . 1980 .

( 2 ) O ) No L 237, 24 . 8 . 1991 .

WRITTEN QUESTION E-l 706 / 95

by Mary Banotti ( PPE )

to the Commission

( 21 lune 1995 )

( 95 / C 311 / 14 )

Subject : Complementary medicines and therapies — their

status

In April 1994 a report by the European Parliament on the
status of complementary medicine was discussed by the EP
Committee ( 1 ) . Unfortunately in the lead up to the European
elections the report was noi : adopted by the EP . It is believed
that the rapporteur will re-submit this report for debate in
the near future .

What is the Commission 's current position on the subject of
alternative medicines and alternative therapies and what
measures, if any, have been taken to regulate or propose a
legal status for such ?

Has the Commission funded any studies or projects to
research areas such as professional practice and working
methods, a system of registration and basic teaching
standards ?

(') Doc . A 3-291 / 94 .

Answer given by Mr Flynn
on behalf of the Commission

(2 October 1995 )

The Commission is aware of the draft report prepared by
Mr Lannoye on the subject of so-called ' alternative '
medicines and therapies, and the debates that have taken
place in the committee on environment, public health and
consumer protection of the Parliament .

As regards the drugs used in alternative and complementary
medicine, it should be noted that all products presented as
having curative or preventive properties in respect of human
or animal diseases are regarded as drugs, and are therefore
subject to Community legislation on pharmaceutical
products . As regards certain products used in the practice of
complementary medicine, such as homeopathic and
plant-based drugs, specific provisions have already been
adopted at Community level, which either provide
derogations from or supplement general Community law on
pharmaceutical products, taking account of the specific
properties of these drugs .

The placing on the market of products other than those
mentioned above, for which health claims are made, is a
matter for the authorities of the Member States, and the
Commission has no intention to bring forward proposals to
harmonise any relevant provisions .

Research on the properties of homeopathic products has
been undertaken in the context of the research and

technological development programme . The focus has been
on the development of methodological tools in order to
assess their efficacy and safety ­

With reference to the mutual recognition of professional
qualifications in respect of the practice of alternative
medicine, the Commission does not intend to make any
proposals at present .

In this connection, the Commission would refer the
Honourable Member to it answer to Written Question
No 317 / 94 by Mr Kostopoulos ( 1 ) which sets out the
viewpoint of the Commission regarding the coordination of
training in respect of a particular profession .

Nevertheless if the practice of complementary medicine is
regulated in a host Member State, the general system for the
recognition of diplomas Council Directive 89 / 48 / EEC ( 2 )
and Council Directive 92 / 51 / EEC ( ? ) may be relevant . If the

No C 311 / 12 EN I Official Journal of the European Communities 22 . 11 . 95

practice of complementary medicine is reserved to doctors,
then Directive 93 / 16 / EEC ( 4 ) applies .

(') OJ No C 376, 30 . 12 . 1994 .

( 2 ) OJ No L 19, 24 . 1 . 1989 .
0 OJ Mo L 209, 24 . 7 . 1992 .

( 4 ) OJ No L 165, 7 . 7 . 1993 .

WRITTEN QUESTION E-1747 / 95

by Gerfrid Gaigg ( PPE )

to the Commission

( 21 June 19 95 )

( 95 / C 311 / 15 )

Subject : Discrimination by the European Union against

small and medium-sized businesses

In its communication of 12 April 1995 on a medium-term
social action programme, the Commission announced inter
alia the establishment of a European training centre for
industrial relations to promote dialogue between the two
sides of industry .

Why have the associations representing trades and small and
medium-sized businesses not so far been involved in the

preparations for this centre ?

Answer given by Mr Flynn
on behalf of the Commission

( 31 July 1995 )

The Commission informs the Honourable Member that the

body to which he is referring is a private initiative of three
European organizations : the Centre of Enterprises with
Public Participation ( CEEP ), the Union of Industrial and
Employers ' Confederations of Europe ( UNICE ) and the
European Trade Union Confederation ( ETUC ). These three
organizations have signed an agreement setting up an
association known as the ' European Centre for Industrial
Relations '.

WRITTEN QUESTION E-l 773 / 95

by Lucio Manisco ( GUE / NGL )

to the Commission

( 28 June 1 995 )

( 95 / C 311 / 16 )

Subject : 1995 European Young Consumer Competition

On Tuesday, 30 M ay 1995 the European Young Consumer
Competition prize was awarded at the Exhibition Park in
Brussels with the participation of Emma Bonino, the
Commissioner responsible for consumer policy .

No notice of competition was published in the Official
Journal of the European Communities for this initiative,

which appears to have been accorded a very high percentage
of co-financing .

The invitation to take part in this initiative was advertised
using the internationally recognized logo of a young man
with a shield in his left hand with a pattern of 12 stars and a
sword in his right hand, both of which are symbols of armed
violence .

1 . Can the Commission explain why no notice of
competition was published for this initiative ?

2 . Can the Commission confirm that the initiative was

co-financed with a proportion of funding far in excess of
50 % of the total cost, and can it give details of both the
percentage of funding granted and the total amount ?

3 . Did the Commission grant co-financing on the basis of
any specific criteria and . if so, which ?

4 . Does the Commission not agree that, as far as such
criteria are concerned, it would be more in keeping with
the spirit of the Union to use symbols that do not involve
weapons as a means of depicting young European
consumers ?

Answer given by Mrs Bonino

on behalf of the Commission

( 20 July 1 995 ;

The Commission fully shares the Honourable Member 's
concern both for transparency in the award of public
funding and for the image of the young consumer in Europe .
With regard to the specific questions raised, the following
should be noted :

1 . The European Young Consumer Competition, being a
pilot project supported by the Commission, was not the
subject of a public tendering procedure and was
therefore not published in the Official Journal . Once the
Commission decides to set up its own projects, it will
then initiate tendering procedures . Publication of a
notice to this effect is, moreover, in the pipeline for

1997 .

2 . The amount or percentage of any funding granted by the

Commission is determined on a case-by-case basis,
according to criteria aimed at ensuring fair distribution
of the available appropriations .

3 . The criteria whereby funding was granted to the
organizing body had to do with professional ability,
experience in the field and solvency . The fact that the
Institute in question has a network of assistants in all the
Member States was decisive .

4 . As far as the symbol for the competition devised by the
organizer is concerned, it was deemed important to

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 13

convey clearly the concepts inherent in the defence of
young consumers ' interests, i.e. learning how to protect
oneself ( hence the shield ) and, where appropriate,
taking the necessary action ( the sword ). The sword is,
moreover, the symbol of justice throughout the
world .

WRITTEN QUESTION E    - 1 792 / 95

by Philippe De Coene ( PSE )

to the Commission

( 28 June 1995 )

( 95 / C 311 / 17 )

Subject : Proceedings for failure to comply with Directive

76 / 464 / EEC

In its answer of 11 May 1992 to Written Question
No 1496 / 9 1 by Mrs van Hemeldonck (') the Commission
stated that up to July 1991, taking all the Member States
together, around 40 separate sets of proceedings had been
initiated for failure to comply with Directive 76 / 464 / EEC ( 2 )
and related Directives .

To the best of my knowledge none of these proceedings has
yet led to a judgment of the Court of Justice .

What stage have the various sets of proceedings referred to
in the Commission 's answer to Written Question
No 1496 / 91 now reached, and when does the Commission
think that the Court of Justice will be given the opportunity
to rule on these very numerous contraventions of Treaty
obligations ?

If it is true that the Commission has not as yet brought any of
these cases before the Court, why — nearly four years after
July 1991 — has it not done so ? Does the Commission no

Community and its implementing Directives, the
Commission decided to bring proceedings against a number
of Member States for failure to communicate national

measures, for non-compliance or for incorrect
implementation of the provisions .

Some of these proceedings concern failure to communicate
programmes to reduce water pollution by the substances
listed in the Annex to the Directive ; others refer to failure to
comply with the Directive 's provisions in general and
finally, yet others concern infringements of provisions in the
implementing Directives, which concern specific substances
such as cadmium, mercury or hexachlorocyclohexane .

In reply to the question regarding exactly how many
infringement proceedings are in progress, it is necessary to
point out that, for reasons of efficiency, several proceedings
mentioned in the Commission 's reply to Mrs Van
Hemeldonck 's Written Question No 1496 / 91 have been
grouped together, while some proceedings have been
terminated following the satisfactory outcome of the cases
concerned .

It is true that, so far, none of the proceedings under way has
resulted in a judgment by the Court . The Commission had
brought an action before the Court concerning the
non-communication by Greece of its national measures to
transpose Directive 90 / 415 / EEC of 27 July 1990, amending
Annex II to Directive 86 / 280 / EEC concerning limit values
and quality objectives for the discharges of certain
dangerous substances contained in list 1 of the Annex to the
Directive 76 / 464 / EEC, but it withdrew its action when jhe
Greek authorities communicated these measures ( Case
No C-94 / 180 ). In a few other cases, the Commission has
decided to bring an action before the Court and its decision
will be implemented as soon as possible . Other proceedings
are still at the ' reasoned opinion ' stage . With respect to new
proceedings, some formal notices were delivered as recently
as June 1 995 .

longer consider compliance with Directive 76 / 464 / EEC a
priority, or have all the Member States in question since
complied with their obligations ? WRITTEN QUESTION E-l 798 / 95

(') O I No C 202, 10 . 8 . 1992, p . 7 . by Katerina Daskalaki ( UPE )
C -) OI No I. 129 ., 18 . 5 . 1976, p . 23 . to the Commission

( 28 june 1995 )

( 95 / C 311 / 18 )
Answer given by Mrs Bjerregaard

on behalf of the Commission

Subject : Unemployment and social problems in the
( 15 September 1995 ) community of Mantoudi in Euboia

One of the Commission 's duties under Article 155 of the EC
Treaty is to verify that Member States comply with
Community legislation, and this includes checking that
Community Directives are implemented . Should Member
States fail to meet the obligations incumbent upon them, the
Commission may decide to institute the proceedings under
Article 169 of the EC Treaty .

Hence, in the case of Council Directive 76 / 464 / EEC of
4 May 1976 on pollution caused by certain dangerous
substances discharged into the aquatic environment of the

The closure of the magnesite mines after half a century of
intensive mining operations in the Mantoudi region in
northern Euboia means that 78% of the population is
unemployed, one of the highest rates of local unemployment
in the European Union .

This explosive situation is aggravated by the fact that the
health of the inhabitants has suffered owing to exposure to
unhealthy working conditions over a long period of time
and their inability to find new employment, owing to a total
lack of professional training .

No C 3 11 / 14 EN Official Journal of the European Communities 22 . 11 . 95

Does the Commission intend to take any special Wil the Commission :
development measures in favour of the inhabitants of this
region within the framework of the CSF for Greece or to 1 . Provide comparative data concerning the number of
approve loans and subsidies as part of the structural forestry experts in the five southern countries of the
programmes ? European Union which continue to face the threat of

forest fires every summer ?

In particular, will it reveal the findings of a special study
commissioned on the region of Mantoudi as part of the
operational programme on industry and services ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(7 September 1995 )

Under the Community support framework for
1989 — 1993, the Commission has already financed various
schemes on training and upgrading of occupational
qualifications and funded aid towards self-employed
activities for workers made redundant by the closure of
businesses in the region of Mantoudi .

These measures do not seem to have been sufficient and for

this reason the Commission has also part-financed a study
leading to an integrated redevelopment project for the north
of Euboea within the framework of the programme on
industry and services .

The results of this study suggest the action needed from the
point of view of basic infrastructure, productive investment,
vocational training and employment policy if the economy
of the north of the island is to be revitalized and provided
with new and lasting jobs .

The Commission is ready to provide financial assistance for
schemes under the Community support framework for
Greece if the Greek authorities make appropriate
proposals .

WRITTEN QUESTION E-l 814 / 95

by Alexandros Alavanos ( GUE / NGL )

2 . Say whether, under the relevant Community
programmes, there has been an increase in the number
of forestry experts in Greece over the last five years and
if so, to what extent ?

3 . Say, whether, in view of the large number of forest fires
which occur in Greece every year and its great
re-afforestation requirements, it considers that Greece 's
state forestry services employ a sufficient number of
forestry experts ?

Answer given by Mr Fischler
on behalf of the Commission

(7 September 1995 )

1 . The Commission cannot know the manpower
employed in the public service of a Member State . Only the
Member States can provide the answer the Honourable
Member seeks .

2 . The number of national officials depends on the policy
of recruitment in the civil service of the Member State rather

than on the volume of Community funding .

3 . It is not for the Commission to judge if the number of
forestry officials is adequate .

WRITTEN QUESTION E-l 828 / 95

by Salvador Garriga Polledo ( PPE )

to the Commission to the Commission

( 28 June 1 995 ) ( 28 June 1995 )

( 95 / C 311 / 19 ) ( 95 / C 31 1 / 20 )

Subject : Protection and development of forestry in

Greece

Through the Community Support Frameworks, the LIFE
programme and other Community programmes the
European Union has promoted and subsidized measures to
protect and develop forestry in Greece ; however, these
measures cannot be implemented without a sufficient
number of experienced forestry experts .

Subject : Restructuring the shipbuilding sector in Gijon

Asturias

Can the Commission specify what projects linked with the
restructuring of the shipbuilding sector in Gijon, Asturias
were in receipt of Community aid between 1991 and 1995,
and the Community programme under which they did

so ?

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 15

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(7 September 1995 )

The European Regional Development Fund 's assistance to
the region of Asturias, implementing the intentions set out in
the Community support frameworks ( CSFs ) for the periods

1989 — 1993 and 1994 — 1999 for the structural

development and adjustment of the Spanish regions coming
under Objective 1, does not include specific aid for the
conversion of the shipbuilding sector . Furthermore, the
region of the Asturias has not received any aid under the
Community programme ' Renaval ', which provides
assistance for areas most affected by the problems
connected with the conversion of the shipbuilding sector .

However, the goal of promoting the economic
diversification of the region by making it less dependent on
sectors affected by conversion processes ( coalmining,
steelmaking, shipbuilding ) while at the same time
contributing to improving the attraction of the region for
new activities is clearly set out in the CSF covering the
region . For example, in the local authority area of Gijon, the
ERDF has part-financed several projects to attain the goal
referred to above, among them the rehabilitation of the old
fishing port and improvement of the free port of
Gijon-Musel, a railway museum, the restoration of
industrial wasteland, a camp-site, a general facelift for the
eastern part of the area and the construction of various road
transport infrastructures .

WRITTEN QUESTION E-l 830 / 95

by Salvador Garriga Polledo ( PPE )

to the Commission

( 28 June 1995 )

( 95 / C 311 / 21 )

Subject : The North-West Public Coalmining Company,

Ltd ( Hunosa )

Can the Commission provide details of which projects
involving the North-West Public Coalmining Company

( Hunosa ) received Community aid between 1991 and 1995,
and state under which programme they did so ?

development and structural adjustment of the Spanish
regions coming under Objective 1, the company Hunosa
received assistance from the European Regional
Development Fund for carrying out two major single
projects concerning energy diversification as well as
protection and improvement of the environment .

The first project, a thermo-electric power station to be built
in the local authority area of Mieres, was approved in 1989
and mobilized ERDF aid of Pta 4 934 million, the total
estimated cost of the investment being Pta 13 238 million .
This major project involves the use of material from spoil
heaps as a fuel, making it possible to improve the
environment in the mining areas . In addition, an advanced
non-polluting technology is to be used, so that emissions
will be approximately half of the levels fixed as a maximum
in the relevant Community Directives .

This project has also received assistance under the Thermie
programme, as a demonstration and innovative project ( as
regards the proposed combustion system, which uses
difficult materials ), as well as an ECSC conversion loan of
Pta 5 000 million, accompanied by a maximum interest
rebate of ECU 288 000 .

The second project, approved in 1990, involves the
treatment of waste produced by the coal-scrubbing plant of
Hunosa . Aid from the ERDF for this project was ECU 7,6
million ( at 1990 prices ), the total estimated cost for the
investment amounting to ECU 16,9 million ( at 1990
prices ).

This project is being coordinated with schemes to clean up
the river basins in the central part of Asturias which were
included in the national programme of Community interest

( NPCI ) for Asturias approved in 1987 . The aim is to ensure
that the flow coming from the coal-scrubbing plant meets
the levels of quality required for the proper operation of the
treatment system implemented under that programme .

In the operational programme for Asturias ( 1994 — 1999 )
approved in 1 994, a number of projects are included that are
to be carried out by Hunosa . These projects, which are still
not fully defined, will involve the recycling waste for use in
new activities as well as the rehabilitation and re-use of spoil
heaps . The total estimated cost for this work amounts to
ECU 41 million, aid from the ERDF being put at ECU 20
million .

The above schemes form part of the measure for protection
and improvement of the environment in the region and also

given by Mrs Wulf-Mathies contribute to the objective of promoting economic

of the Commission diversification of regional public-sector companies faced

(7 September 1995 ) with conversion processes, so they do not constitute
Community aid for Spanish coalmining .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

Over the period 1989 — 1993, in line with the intentions set
out in the . Community support framework for the

No C 311 / 16 EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E-1831 / 95 WRITTEN QUESTION E    - 1843 / 95

by Salvador Garriga Polledo ( PPE ) by Mihail Papayannakis ( GUE / NGL )

to the Commission to the Commission

( 28 June 1995 ) (3 July 1995 )

( 95 / C 311 / 22 ) ( 95 / C 311 / 23 )

Subject : Single currency and pensions

Does the Commission believe that the final steps to
establishing a single currency can be taken without
achieving convergence between the national systems for
funding pensions ! 5

Answer given by Mr De Silguy

on behalf of the Commission

( 20 September 1995 )

The Commission takes the view that the final steps to
establishing a single currency can be taken without
modifying in advance the allocation of responsibilities for
funding pensions .

Acting on a proposal from the Commission and after
receiving Parliament 's opinion, the Council adopted on
27 July 1992 recommendation 92 / 442 / EEC on the
convergence of social protection objectives and policies ('),
in which it acknowledged that each Member State retained
the right to devise, organize and finance its own system of
social protection and set out common objectives to guide
national policies .

The arrangements for funding pensions may differ between
Member States, e.g. as regards the link-up between basic and
supplementary pensions .

Admittedly, these differing arrangements may pose
difficulties for individuals living in one Member State and
working in another . As it pointed out in its medium-term
social action programme 1995 — 1997 ( point 6.1.3 ) (" ), the
Commission will shortly be presenting a communication on
this matter .

However, the differing arrangements for funding pensions
have no implications for the transition to the single

currency .

(') Of No L 245, 26 . 8 . 1992 .

( 2 ) COM(95 ) 134 .

Subject : Water supply for the town of Ioannina

The Ministry for the Environment, Regional Planning and
Public Works has approved the project ' Water supply for
the town of Ioannina and 200 villages and upgrading of
Ioannina Lake and irrigation of the entire Basin ' and
commissioned various firms with the task of drawing up a
study on the ' supplementary water supply for the remaining
dwellings in the Basin of Ioannina and upgrading of
Pamvotido Lake ' as well as an environmental impact
study .

Since, however, the solution put forward by these firms for
upgrading Lake Ioannina :

— is very expensive ( the cost will exceed Drs 15 to 20

billion ),

— is time-consuming ( the construction work will take five

to seven years or longer ),

— is expected to have an adverse effect on the regional

environment, since 80 ha . of land will be flooded by the
waters of Gotista Reservoir ( deforestation ),

— fails to address the major problem of the water supply of

the town of Ioannina and the 200 villages in the Basin as
a whole which account for 80 % of the total workforce

in the Prefecture of Ioannina,

— involves a risk that the silt carried down into the lake will

turn the latter into a marshland and,

— means that the waters of the reservoir planned by the

hydroelectric power authorities will flood and destroy
the Greek Electricity Board 's installations on the River
Arachthos which are being funded by the
Community,

Will the Commission say :

1 . Is it aware of these plans and what role has Community
funding played in the implementation of this project ?

2 . Since the project is being funded as a single unit under
the title referred to above, why has the water supply of
the prefecture of Ioannma been treated separately ?

3 . Why did the relevant Greek authorities hastily put this
project out to tender without the environmental impact
study being published in good time and without local
citizens being notified in accordance with Directive

85 / 337 / EEC ( M ?

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 17

4 . How does it explain the fact that, although both projects Answer given by Mrs Bjerregaard
are being financed by the same Community fund, one on behalf of the Commission
project will destroy the other ? ( 21 September 1995 )

(•) OJ No I. 175, 5 . 7 . 1985, p . 40 .

Answer given by Mr Fischler
on behalf of the Commission

(8 September 1995 )

As the Commission has already stated in its reply to Written
Question E-l 622 / 95 from Mr Kaklamanis on the same
subject ('), it sent a questionnaire to the Greek authorities
following Mr Kalogiannis 's complaint which outlined the
points which might be relevant to Community legislation as
well as the technical and economic justification for the
project . The Commission is now examining the Greek
authorities ' answer, which it has only recently received, in
order to decide on its position .

(') OJ No C 270, 16 . 10 . 1995 .

WRITTEN QUESTION E-1845 / 95

by Fausto Bertinotti ( GUE / NGL )

to the Commission

(3 July 1995 )

After the adoption of the common position for a Directive
on integrated pollution prevention and control ( IPPC ) the
Commission will continue to work as a high priority
towards the second reading in Parliament and the final
adoption by the Council . Since IPPC is a framework
Directive, which also covers the incineration of municipal
waste, the standards for incineration will be adopted later .
Despite this the Commission will carry out the work on
incineration as fast as possible so as to meet the targets set in
the fifth Community action programme in relation to the
environment and sustainable development .

WRITTEN QUESTION E -l 850 / 95

by Mark Killilea ( UPE )

to the Commission

(3 July 1995 )

( 95 / C 311 / 25 )

( 95 / C 311 / 24 Subject : Over-production of Norwegian farmed salmon

Subject : Introduction of a Directive setting limit values for

dioxin and furan emissions from municipal waste
incineration plants

Recital 8 of Directive 89 / 369 / EEC (') on the prevention of
air pollution from new municipal waste incineration plants
stipulates that ' Community limit values for dioxins and
furans should be fixed as soon as possible '.

Article 3(4 ) of the Directive provides for the adoption of
'a Community Directive concerning this specific
question '.

In its reply to an earlier question which I submitted to it, the
Commission stated that dioxin emissions came principally
from municipal waste incineration plants and motor vehicle
exhaust systems,

Will the Commission state when it will be in a position to set
limit values for dioxin and furan emissions from municipal
waste incineration plants, in accordance with Directive

Recent figures produced by the Norwegian market research
company, Kontali, have indicated that export of Norwegian
salmon to the European market this year has increased by
32 % . It is estimated that by the end of 1 995, production of
farmed salmon will rise by 50%, from 200 000 tonnes to
300 000 tonnes .

Up until now, the Commission has stated that it sees no
evidence that this increased Norwegian production is
disrupting the European market . However, the statistics
provided by Kontali show that for April this year, compared
with the same month last year, export of fresh salmon to the
EU increased by 46 % . This increase has already had serious
implications for Irish and Scottish producers, however, the
most serious blow by far is yet to be felt, when the bulk of
this tonnage comes on line and floods the market later this
year, around September or October . By that time, it will
have reached crisis proportions, and will already be too late
to prevent the collapse of the European market and save
many European producers .

89 / 369 / EEC and the objectives of the fifth environmental
programme ? Will the Commission comment on these figures, and state

whether it now feels emergency action must be taken to
(>) OJ No L 163, 14 . 6 . 1989, p . 32 . prevent a total market collapse in the very near future ?

No C 311 / 18 | EN 1 Official Journal of the European Communities 22 . 11 . 95

Answer given by Mrs Bonino

on behalf of the Commission

( 14 September 1 995 )

The size of the projected increase in production of
Norwegian salmon has been discussed at a meeting between
the Fisheries Committee of the Parliament and the

Norwegian authorities . The Commission would also refer
the Honourable Member to its answer to his Written
Question E-1851 / 95 (').

Norway 's production forecast was for 260 — 280 000 tons
in 1 995, and 320 — 350 000 in 1 996 . The European salmon
producers feel that these figures may turn out to be
under-estimates . At all events, it is likely that Norwegian
deliveries to the Community market will shortly increase .
The Commission is monitoring developments and has
reminded certain Member States of the need to send in rapid
statistics in order to have a complete picture . The
Commission 's own monitoring indicates a continued slow
fall in the price of salmon .

The information at present available to the Commission
does not indicate serious injury to the Community market
yet . The Commission will continue to monitor the situation
closely, and, if the predicted major increase in imports
materializes, will examine the situation to see if the
increased imports are causing serious injury . The
Commission would then consider making proposals
accordingly .

(') See page 18 of this Official Journal .

WRITTEN QUESTION E-1851 / 95

by Mark Killilea ( UPE )

to the Commission

(3 July 1995 )

( 95 / C 31 1 / 26 )

Subject : Norwegian salmon production

Will the Commission give details on the meeting which took
place on 19 May between Norwegian authorities and the
Member States, concerning the increased production of
Norwegian salmon which is arriving onto the European
market ?

Answer given by Mrs Bonino

on behalf of the Commission

( 14 September 1995 )

addressed, and were questioned by, the Honourable
Members, and by representatives of the Community salmon
producers . The message delivered by the Norwegian
authorities on 19 May was exactly the same as that given by
them on 20 June .

They predicted a continued rise in their production and in
their exports to the Community, and in the size of the
market for salmon . These figures were queried by the
Community salmon producers . Norway briefly described
the situation on State support for the industry ; some queries
were raised on this and the Commission is pursuing
enquiries . Norway also described the major marketing
campaign undertaken to increase the market further .

WRITTEN QUESTION E-l 859 / 95

by Luciano Vecchi ( PSE )

to the Commission

(3 July 1995 )

( 95 / C 31 1 / 27 )

Subject : Adverse effects suffered by Community citizens

taking out loans in ECU and foreign currencies

Given that turbulence on the currency markets over the last
three years ( together with the withdrawal of certain EU
Member States ' currencies from the European Monetary
System ) has resulted in considerable fluctuations in
exchange rates for European currencies and in the value of
the ECU, and in view of the fact that these developments
have had harmful effects on private citizens and small
businesses in some countries that took out loans in ECU or

in foreign currencies which were then re-valued against their

own currency,

what measures will the Commission take

1 . to help those worst affected ( interest subsidies,
re-scheduling of loans, etc .)?

2 . to ensure that banks provide borrowers with accurate
information regarding foreign currency loans ?

On Tuesday 20 June 1995, the Norwegian authorities, at 3 . to encourage cooperation between the Member States
the invitation of the Parliament 's Committee on Fisheries, on this problem ?

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 19

Answer given by Mr De Silguy

on behalf of the Commission

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 20 September 1995 ) ( 21 September 1995 )

As the Commission has already stated in its answers to
Written Questions No 2859 / 93 by Mr Mattina ('), No 1 / 95
by Mrs Stirbois ( 2 ), and No 1785 / 95 by Mr Cellai (■'), and
with reference to the petition to the Parliament No 25 / 94
presented by Mrs Stabile and others and discussed by the
relevant committee of the Parliament on 4 November 1 994,
there is no legal basis for altering through Community
instruments existing mortgage, credit or similar contracts in
ECU and in other foreign currencies .

However, contracts signed with banks must respect the
principles of comprehensive and fair information on the
exchange rate risk contained in the Community legislation
on advertising ( Directive 84 / 450 / EEC ( 4 )).

(') OJ No c : 300, 27 . 10 . 1994 .

( 2 ) OJ No C 152, 19 . 6 . 1995 .
(•') OJ No C : 273, 18 . 10 . 1995 .

( 4 ) O I No L 250 . 19 . 9 . 1984 .

WRITTEN QUESTION E-1861 / 95

by Honorio Novo ( GUE / NGE )

to the Commission

(3 July 1995 )

( 95 / C 311 / 28 )

Subject : Environmental impact assessment in respect of the

IP1 motorway between Freixo and Carvalhos

In reply to my Written Question E-2804 / 94 ('), in which I
stated that public consultation for the environmental impact
assessment in respect of the IP1 motorway between Freixo
and Carvalhos had been held after work had begun,
Commissioner Bjerregaard informed me that the
Commission would ' approach the Portuguese authorities
for details of the matter '. She also stated that, were my
claims to prove accurate, ' this would constitute an
infringement of Directive 85 / 337 / EEC ( 2 )'.

Three months have now passed since that reply : can the
Commission inform me of the explanations given by
the Portuguese authorities ? What measures will the
Commission ask the Portuguese Government to take in the
event of failure to apply Directive 85 / 337 / EEC ?

(') OJ No C : 139, 5 . 6 . 1995, p . 32 .

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

The Portuguese authorities recently sent their observations
on this question to the Commission in response to its request
for information .

The Commission examined the reply it received and felt that
additional information was required .

Consequently, it has requested further information from the
Portuguese authorities .

WRITTEN QUESTION E    - 1866 / 95

by Inigo Mendez de Vigo ( PPE )

to the Commission

(3 July 1995 )

( 95 / C 311 / 29 )

Subject : Free trade treaty with the USA

Sir Leon Brittan recently said he was in favour of a free trade
agreement with the USA .

Has the Commission assessed the economic impact of such
an agreement on the Community 's agricultural sector,
taking account of the fact that the WTO rules forbid the
conclusion of free trade treaties which do not cover all

economic sectors ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(7 September 1995 )

Sir Leon Brittan has never said he was in favour of a free

trade area with the USA . Neither he nor the Commission is

committed to proposing the conclusion of a free trade area
with the United States . It is at present examining the political
and economic implications of various concepts for the
medium and long-term revitalization of transatlantic
economic relations, one of which is a free trade

agreement .

No c 311 / 20 FEN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E-l 883 / 95

by Elisabeth Schroedter ( V ) and
Friedrich-Wilhelm Graefe zu Baringdorf ( V )

to the Commission

(3 July 1995 )

( 95 / C 311 / 30 )

Subject : Hemp growing

Will the Commission state :

— How many hectares of land were under hemp in

individual EU Member States in 1994 ?

— What proportion of that area was cultivated in
accordance with Regulation ( EEC ) No 1558 / 93 ( 1 ) ?

— How much aid per hectare it gives to individual Member

States and the total amount of such aid ?

— How many checks have been carried out in relation to

hemp growing in accordance with Regulation ( EEC )
No 1164 / 89 ( 2 )?

— What the resuks of such checks were ?

Does it intend to create the same competitive conditions tor
hemp growing throughout the EU ( EU standard for THC :
0,3% ; German standard for THC : 0,1 % )?

Does it also, in view of the crop 's labour-intensiveness and
the variety of hemp products, intend to provide special
encouragement for hemp growing in structurally
disadvantaged regions ?

Is it considering the provision of aid for infrastructure
measures to support regional hemp processing and
marketing structures in Objective 1 areas, pursuant to
Regulation ( EEC ) No 2078 / 92 ( 3 ) and Leader II ?

Does it intend to provide particular encouragement for the
growing of hemp in less-favoured areas in the context of
compulsory set-aside pursuant to Regulation ( EEC )
No 1765 / 92 ( 4 )?

(') OJ No L 154, 25 . 6 . 1993, p . 28 .
(-) ()) No L 121, 29 . 4 . 1989, p . 4 .

( 5 ) O ) No L 215, 30 . 7 . 1992, p . 85 .

( 4 ) C)1 No L 181, 1 . 7 . 1992, p . 12 .

Answer given by Mr Fischler
on behalf of the Commission

(7 September 1995 )

Hemp is grown on some 11 000 hectares of Community
territory . Under the common organization of the markets in
flax fibre and hemp, the area is eligible for flat-rate aid per
hectare for 1995 / 96 totalling ECU 774,74 and overall aid

amounts to approximately ECU 9 million per year . As a
result of a rise in prices, the area under hemp, which had
previously decreased sharply, increased in 1994 and 1995 .
France, with some 7 000 hectares is by far the biggest
Community hemp producer, followed by Spain (1 300
hectares ), the United Kingdom (1 000 hectares ), the
Netherlands ( 900 hectares ) and Austria ( 700 hectares ).

Aid is granted only where the content of psychotropic
substances does not exceed 0,3% . The Commission does
not envisage any change in the rate at present . The Member
States monitor ' the varieties used and if anomalies are

detected they are notified to the Commission . No specific
problems in this field have been brought to the attention of
the Commission . Nevertheless, to prevent any abuses, the
Commission has taken measures to step up controls .

Under the Commission Decision of 22 March 1994 on the

selection criteria to be adopted for investments for
improving the processing and marketing conditions for
agricultural and forestry products, investment subsidies in
the flax, and hemp sector are permitted pursuant to Council

Regulation ( EEC ) No 866 / 90, provided that they relate to
innovative investments in the non-food sector . Otherwise,
aid to investment is restricted to modernization measures

which do not result in an increase of capacity in the region
concerned .

Within the Objective 1 regions and under Leader II, it is
possible to promote innovative pilot projects for new
non-food uses .

No applications for assistance are currently lodged with the
Commission to promote raw hemp in this sector .

WRITTEN QUESTION E-1888 / 95

by Alexandras Alavanos ( GUE / NGL )

to the Commission

(3 July 1995 )

( 95 / C 31 1 / 31 )

Subject : Completion of the road between Skutari and

Kotronas

The completion of the road between Skutari and Kotronas
in the prefecture of Lakonia, a project covered by the first
CSF, would facilitate communications between all the
regions of the eastern Mani which are more or less cut off
from the major urban centres and the main road axes . Since
this project was not completed before the expiry of the first
CSF, it was incorporated in the second CSF, on condition
that it must be completed by 30 September 1995 .

What measures has the Commission taken to ensure that the
road will be completed and in use by the stipulated date ?

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 21

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 11 September 1995 )

In order to make operational and functional the projects
financed under the 1989— 1993 Community support
framework ( CSF ) which were not completed during the
programming period, such projects may, under certain
conditions, receive assistance from the European Regional
Development Fand ( t^RDF ) under the 1994— 1999 CSF .
The project to which the Honourable Member refers was
approved under the 1994— 1999 operational programme
for the Peloponnese, after being considered by the
Monitoring Committee for that programme, on condition
that the physical and economic aims are achieved by
30 September 199.5 .

The regional authorities argued that the work required to
link two villages should be financed from this programme .
Out of a total of 1 1 km, 1,6 km of road have still to be built,
surfaced and asphalted . It is up to those authorities to take
the measures needed to ensure that the work is completed
and operational by the date stated above .

WRITTEN QUESTION E-l 938 / 95

non-resident taxpayers constitutes a security against the
non-resident 's potential capital gains tax liability . This
payment can be deducted when filing the capital gains tax
return . If the amount withheld exceeds the tax payment
shown by the return, the non-resident is entitled to a
reimbursement of the difference .

As the Honourable Member mentions, this retention does
not apply to Spanish residents . It takes account of the
difficult } or impossibility for the tax authorities otherwise
to collect this kind of tax once the seller of a property has left
the country .

On the question of whether such a tax treatment is in
accordance with the provisions of the Treaty, the
Commission must point out that in the present state of
Community law, Member States are free to determine their
own income tax rules as they see lit, provided these are
consistent with general Community provisions .

The Commission cannot see that the 10% retention could

constitute any infringement of these general provisions and
therefore does not intend to take any measures in this
regard .

bv Graham Mather ( PPE ") WRITTEN QUESTION E - 1 945 / 95

to the Commission by James Provan ( PPE )

((•> I uly 1995 )

( 95 / C 31 1 / 32 )

Subject : Discriminatory rules in the sale of property in

Spain

Since January 1992 Spanish legislation has required the
non-resident sellers of property in Spain to deposit 10 % of
the sale proceeds with a local authority to cover any taxes
which may be owing .

This requirement discriminates against non-residents, as a
similar provision does not apply to Spanish residents .

Is such a proposal in accordance with the Treaties and does
the Commission plan to take any steps to correct what may
be a distortion of intra-Uiion property sales ?

to the Commission

(6 fuly 1995 )

( 95 / C 31 1 / 33 )

Subject : European Union tourism statistics

Can the Commission provide statistics for the period

1989 — 1994 relating to :

( a ) the numbers employed ;

( b ) the profitability and

( c ) the turnover

in the following sectors of the European Union tourism

sector :

1 . Accommodation ( e.g. hotels, bed and breakfast );

Answer given by Mr Monti 2 . Catering and hospitality ;
on behalf of the Commission

3 . Entertainment and education ;
( 11 September 1995 )

4 . Travel and tourism ( e.g. transport by aeroplane
etc .);

The Commission would f rst like to remark that the 10%
retention applied by Spain to sales of real estate by 5 . Sport and recreation ?

No C 311 / 22 EN I Official Journal of the European Communities 22 . 11 . 95

Answer given by Mr De Silguy

WRITTEN QUESTION E-l 947 / 95

on behalf of the Commission

by Christine Crawley ( PSE )
(9 October 1995 ) to the Commission

(6 fitly 1995 )

Although an enormous amount of data on the tourism
economy in Europe is available, it is very difficult to give
valid answers to the questions asked . The principal reason is
the problem of defining tourism as such . Tourism as an
economic activity is defined by a demand-side concept . This
implies for example that turnover in an entertainment
facility is almost never clearly tourism turnover . The
essential question is, who the clients in this entertainment
facility are . Touristic turnover is created by tourists . An
entertainment facility may be frequented 45% by local
residents and 55 % by tourists . These figures may however
vary immensely according to the season .

The overall implication of these methodological problems is
that it is extremely difficult to provide any kind of global
data on travel and tourism . Furthermore, looking at certain
potential tourism — subsectors one has to be aware that
only a part ( sometimes even a minor part ) of these
subsectors can be understood as touristic .

The situation may improve in the medium term future, as
the Commission is currently preparing a proposal for a
( Council recommendation on a comprehensive methodology
on tourism statistics . Pilot surveys currently being initiated
in the hotel, restaurant and catering sectors ( Member States
in cooperation with Eurostat ) will also lead to improved
comparability of data .

It is difficult to supply the data on the five activity groups as
the groups requested do not match the principal
nomenclature ( NACE Rev. 1 ) used ( e.g. entertainment and
education, catering and hospitality ). A further difficulty in
providing the desired data arises from the fact that the
activity groups overlap to a very large extent or one group is
fully part of another group .

As far as the indicators ( a ), ( b ) and ( c ) are concerned it
should be pointed out that the number of persons employed
is a standard indicator, that figures for turnover are often
available, but that data on profitability do not exist .

Data in terms of employment and turnover in tourism are
sent direct to the Honourable Member and to the

Secretariat-General of the Parliament .

A new publication ' Tourism in Europe ' containing data on
the recent trends in the tourism economy in Europe and an
analysis of the tourism industry in each of the Member
States of the Community and EFTA is also sent for general
information .

The Commission will be glad to respond to any further
questions .

( 95 / C 31 1 / 34 )

Subject : Milk

1 am receiving letters from constituents concerned that the
( Commission may he about to restrict the use of the English
word " milk ' so that it may be applied only to animal
products . This would mean that products such as coconut
milk and soya milk could no longer be described as such .
Since we are all completely clear that coconut milk and soya
milk for instance, are vegetable products and not animal
products, would the ( Commission state what its intentions

a re ?

Answer given by Mr Fischler
on behalf of the Commission

( 31 Inly 199S )

Council Regulation ( EEC ) No I 898 / 87 on the protection of
designations used in marketing milk and milk products ( 1 )
reserves the right to use the word milk to the product
obtained from milking cows or other dairy animals .
Articles 3 and 4 of the Regulation did however provide a
means whereby dairy designations of certain non-dairv
products could be exempted from the requirements of the
Regulation if applied to products the exact nature of which
is clear from traditional usage or when the designations are
clearly used to describe a characteristic quality of the
product .

The ( Commission, following the management committee
procedure, adopted Decision 88 / 566 / EEC on 28 October

1988 ( 2 ) setting out the list of exempted designations .
( Coconut milk was included on the list but soya milk was

not .

Following a further request from the United Kingdom
concerning the designation soya milk the management
committee met on 16 June 1994 to reconsider the question .
The committee confirmed that soya milk should not be
added to the list of products which are permitted to use
designations associated with dairy products whilst not
being dairy products themselves . All Member State
representatives in the committee, with the exception of the
United Kingdom representative, voted against the inclusion
of soya milk in the list of exempted products . It is therefore
clear that even if this matter was re-examined at Council

level it would be highly unlikely that approval for use of the
designation soya milk would be granted .

The ( Commission has opened infringement proceedings
under Article 169 of the EC Treaty against the United
Kingdom in respect of this matter . The ( Commission issued a

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 23

reasoned opinion in 1 993 and will bring the matter before
the Court of Justice unless the infringement ceases .

The United Kingdom Government has indicated that it will
be taking steps to comply with its obligations .

The Commission believes that those already familiar with
the product in the United Kingdom will have no difficulty in
recognising it when sold in packaging on which the word
milk no longer appears . Furthermore, those consumers who
may not be familiar with the product will be protected from
the risk of confusion which could result from the continuing
use of a dairy product designation .

(') OJ No I. I 82, 3 . 7 . 1987 .

( 2 ) Of No L 310, 16 . 11 . 1988 .

WRITTEN QUESTION E-l 955 / 95

by Wolfgang Kreissl-Dorfler ( V )

to the Commission

(6 July 1995 )

( 95 / C 311 / 35 )

Subject : EU refunds on exports of agricultural products

1 . To which countries and groups of countries has the
export of agricultural products been encouraged with
refunds in the past ten years ?

2 . How high were the export refunds in the same period
related to

— 1 tonne of the various products concerned per importing
country and group of countries,

— the various importing countries and groups of
countries,

— the quantity of the various products exported to the

various importing countries and groups of countries,

— the total, worldwide quantity of the various products

concerned ?

3 . What criteria are applied to determine the level of
export refund for each product and country ?

4 . Does the EU carry out studies of the importing
countries ' agricultural markets before granting export
refunds ?

5 . How does the EU evaluate the effects of export
refunds on the domestic agricultural markets of the
importing countries and groups of countries ?

Answer given by Mr Fischler
on behalf of the Commission

( 21 September 1 995 )

To answer the detailed questions raised by the Honourable
Member, the Commission would have to carry out long and
arduous research that it is not in a position to undertake at
the moment . What is required is a full documentary and
economic study covering the bulk of the Community 's
agricultural products . However, some information can be
provided to help the Honourable Member :

1 . As regards the non-member countries or groups of
countries towards which Community agricultural
products have been exported using refunds, the general
data appear in the statistical annex to the Report on the
Agricultural Situation in the Community published each

year .

2 . The level of refunds reflects in principle the difference at
the time of export between the internal price and the
world price . This varies therefore according to product
and, in some cases, can be differentiated according to
destination .

3 . The criteria for fixing refunds depend on the product
concerned and on the method of granting the refund,
either by ' normal right ' or by invitation to tender .

4 . The Commission is constantly monitoring the state of
agricultural markets in the Community, using
information provided on a regular basis by the Member
States as well as from specialized trade sources . It also
follows the status of world markets . All this information

is essential for defining the measures needed to manage
markets, which are then submitted to the management
committees for opinion . The fixing of refunds is one
kind of such measure .

5 . The state of markets in non-member countries can lead

to the Community modifying its general export policy .
The result is generally to set refunds differentiated
according to destination . For example, it was recently
possible to reduce by 25 % the level of export refunds on
beef and veal exported to West Africa .

No C 311 / 24 EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E    - 195 6 / 95

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

(6 July 1995 )

( 95 / C 311 / 36 )

Subject : Subsidy fraud in respect of the mass transport of

animals

In reply to my Written Question E-761 / 95 (') Mrs Gradin
stated on the Commission 's behalf that, on the basis of the
reports sent in by the Member States, the Commission
estimates that since 1990 the amount of export refunds
unduly paid has been about ECU 45 million .

By which Member States have these unlawful export
refunds been paid, and what amount is involved in each

case ?

Have the wrongly paid export refunds been recovered by the
Community ? What has been the rate of repayment by ­
Member State and year since 1990 ?

What consequences ( including prosecution ) for the
recipients of unlawfully paid export refunds has their fraud
to the Communitv 's disadvantage had ?

The Commission is aware that Germany has brought this
case before the Court of Justice ( C-54 / 95 ) ( 2 ).

I 1 ) OJ No L 352, 31 . 12 . 1994 .

( : ) OJ No C 137, 3 . 6 . 1995 .

WRITTEN QUESTION E-l 969 / 95

by Karl Schweitzer ( NI )

to the Commission

(S July 1995 )

( 95 / C 3 1 1 / 37 )

Subject : Environmental impact assessment

In its answer of 1 6 June 1 995 to Question E - 1226 / 95 ( ), the
Commission states that Austria 's application of a six-month
transitional period constituted a failure to comply with the
provisions of Directive 85 / 337 / EEC ( 2 ).

How many projects were submitted within this period, and
which were they ?

to When does the Commission expect to issue the results of its

consideration of the complaint ?

(') Of No C 196, 31.7 . 1995, p . 46 .

(') O J No C 222, 28 . 8 . 1995, p . 57 .
(-i O | No L 175, 5 . 7 . 1995, p . 40 .

Ans wer given by Mrs Gradin
on behalf of the Commission

Answer given by Mrs Bjerregaard
( 14 September 19 95 ) on behalf of the Commission

( 15 September 1995 )

In its reply to the Honourable Member 's Written Question
E-761 / 95, and on the basis of communications from the
Member States, the Commission estimated at ECU 45
million the amount of unduly received export refunds for
live animals . This amount concerns primarily Germany
(± ECU 44 million ) and, to a significant lesser degree, Spain,
France and Ireland . Ireland is, so far, the only Member State
that has recovered all the unduly paid amounts .

The Commission points out that the recipients of the unduly
paid refunds may, in addition to administrative sanctions,
be liable to penal sanctions . Five cases are the subject of
penal proceedings, according to the information available to
the Commission at this stage ( four in Germany and one in
France ).

Lastly, the Commission would observe that a financial
correction of more than DM 54 million was decided in the

EAGGF-Guarantee ( European Agriculture Guidance and
Guarantee Fund — Guarantee Section ) clearance of
accounts Decision for the 1991 accounting period (') on the
basis of the results of its inquiries . This correction stems
from issues relating to the export of live cattle to Poland .

The Commission does not have the information requested
by the Honourable Member since, in accordance with
Council Directive 85 / 337 / FEC on the assessment of the

effects of certain public and private projects on the
environment, applications for the authorization of projects
are submitted to the national authorities only . It should also
be pointed out that the Directive does not require Member
States to send the Commission information about these

applications .

The Commission is continuing to investigate the complaints
it has received from the EFTA Surveillance Authority .
However, it is not able to specify the date on which these
investigations will be completed . The investigation of
complaints depends not only on the complexity of the
individual case but also on factors beyond the Commission 's
control such as the time it takes Member States or the

complainants to reply to the Commission 's request for
information and the accuracy and relevance of the
information provided .

22 . 11 . 95 KN Official Journal of the European Communities No C 311 / 25

WRITTEN QUESTION E-1971 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(8 July 1995 )

( 95 / C 311 / 38 )

Subject : Destruction by earthquakes of public buildings in

Lefkopigi

The earthquake measuring 6.6 on the Richter scale which
devastated the region of Grevena-Kozani also destroyed the
public buildings in Lefkopigi .

4 . Which are the Community bodies able to take action in
the event of infringement of such provisions by
com m e rc i a 1 opera to r s ?

Regulation ( EEC ) No 823 / 87 ( ) for quality wines
produced in specified regions, be used for wines or
wine-based products made and bottled outside the
specified region ?

2 . Is it possible to indicate a region or Member State of
production different from the actual place of
production ?

3 . Which are the Community and national bodies
competent to check on the correct application of the

rules in this area ?

Could the reconstruction of Lefkopigi 's public buildings be
incorporated into the revised regional operational
programme and receive Community assistance ? (') OJ No 1 . < S4, 27 . 3 . 1987, p . 59 .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission Answer given by Mr Fischler
on behalf of the Commission
(7 September 1995 )
(7 September 1995 )

The financing of public buildings for administrative use is
not eligible for assistance from the Structural Funds of the
Community .

The restoration of public buildings of a historical character
to provide support for economic development activities in
the region ( museums, exhibition halls for craft products,
etc .) may however be considered for possible financing by
these Funds .

Under the Regulation cited by the Honourable Member,
quality wines produced in a specified region ( quality wines
psr ) are to be made only from grapes collected, processed
and vini fied inside that region . The name of the region or of
a more restricted geographical unit than a specified region
that is connected with quality wines psr cannot be used for
the designation of products of the wine sector which do not
come from the region and to which the name has not been
assigned in accordance with the relevant national and
Community rules . The Council may, in certain cases only,
authorize the use of the names of specified regions for the
designation of table wines .

As for the possibiliy of using the name applied to a quality

QUESTION E-1998 / 95 wine psr for a drink other than wine, current rules allows

this provided that any risk of confusion as to the nature,

Fantuzzi ( PSE ) origin or source and composition of this drink is excluded .

Commission Amendments to the Community legislation are in hand to

(8 July 1995 ) introduce stricter rules on this . 

WRITTEN QUESTION E-1998 / 95

by Giulio Fantuzzi ( PSE )

to the Commission

( 95 / C 311 / 39 )

Subject : Appellation of v / ine

Given the difficulties in understanding the laws on the
marketing of wine, the mutual recognition in the Member
States of the rules on presentation and labelling and the
provisions governing quality wines psr :

1 . Can an appellation, or part of an appellation, recognized
in one Member State under the implementing rules of

There is no Community Regulation laying down that quality
wines psr must be bottled in the region of production .

Regarding controls, Community legislation on quality
wines psr requires that each Member State must ensure
monitoring and protection of quality wines psr ; however,
Regulation ( EEC ) No 2048 / 89 on controls in the wine
sector ( 1 ) provides that each Member State must designate a
contact authority for the application of such controls and in
particular for monitoring the designation and presentation
of products of the wine sector .

No C 311 / 26 I EN Official Journal of the European Communities 22 . 11 . 95

The list of these contact bodies in the Member States and for
the Commission is published in the Official Journal ( 2 ) and
periodically updated .

(') Of No L 202, 14 . 7 . 1989 .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 11 Septetnber 1995 )

( 2 ) Q | No C 61, 10 . 3 . 1992 and OJ No C 203, 27 . 7 . 1993 . The information provided by the Honourable Member
concerning the socio-economic situation of the Cebolais de
Cima district of Castelo Branco appears to demonstrate that
this region is suffering from certain problems of precisely the
type with which the Retex Community Initiative and the
textile initiative for Portugal are intended to cope .

WRITTEN QUESTION E-l 999 / 95

by Sergio Ribeiro ( GUE / NGL )

to the Commission

(8 July 19 95 )

( 95 / C 311 / 40 )

Subject : Social and economic situation in Cebolais de

Cima / Retaxo, Castelo Branco, Portugal

The social and economic situation in Cebolais de

Cima / Retaxo, in the district of Castelo Branco, Portugal,
exemplifies a widespread problem . As a minor textile centre
specializing in wool, with traditions dating back to the end
of the 1 9th century, this sector represents the sole industrial
activity in the area, providing nearly 1 000 jobs . It is
currently experiencing serious problems which may
threaten the survival of 15 firms .

The problems appear to stem from a drop in orders due to
economic stagnation and competition on dumping terms,
excessive stocks, bank loans — at extremely high interest
rates and without any concessions for SMEs — to meet
commitments on which others have defaulted, a lack of
support due to insufficient information and, in addition,
management methods which may be outdated but which
preserve values such as the ' good name ' of the firm and
social harmony .

Despite the entrepreneurs ' conviction that the situation is
part of a cycle and may be overcome through prompt action
such as lay-off laws, structural problems and financial
deterioration could lead to the disappearance of a
traditional and viable industrial activity, resulting in serious
social repercussions and the de-population of yet another
area of the country .

Given that this case exemplifies the situation of the textile
### industry — recognized by Retex, GATT and the specific ­

programme to support the Portuguese textile industry —,
the difficulties of small and medium-sized enterprises, the
regional question and economic and social cohesion, delays
in the allocation of funds and the scant information
available to SMEs, does the Commission not consider that it
would be highly desirable to look into the situation and
endeavour, through the regional authorities and the
Portuguese Government, to promote exemplary action ?

Under the regulations governing assistance from the
Community Structural Funds, and in accordance with the
rules governing partnership, the first step is for the national
authorities to define the individual projects which deserve
Community support . However, the Commission will draw
the attention of the Portuguese authorities to the
circumstances of this area so that the problems encountered
mav be considered in the light of the general situation .

WRITTEN QUESTION E-2005 / 95

by John Corrie ( PPE )

to the Commission

(8 fuly 1995 )

( 95 / C 31 1 / 41 )

Subject : Arable Area Payments scheme

Is the Commission aware of work going on within Member
States to establish whether or not it is necessary or
appropriate to attach environmental conditions to land
within the Arable Area Payments scheme ? Would the
Commission identify the Member States concerned ?

Answer given by Mr Fischler
on behalf of the Commission

(7 September 1995 )

Council Regulation ( EEC ) No 1765 / 92 on the arable
support system (') only requires Member States to apply
environmental measures to set-aside land . It neither requires
nor permits Member States to attach environmental
conditions to the payment of compensatory payments .

The Commission is not aware of any work in the Member
States towards environmental conditions on land under the

arable area payments scheme .

(') OJ No L 181, 1 . 7 . 1992 .

22 . 11 . 95 KN Official Journal of the European Communities No C 311 / 27

WRITTEN QUESTION E-2007 / 95

WRITTEN QUESTION E-2027 / 95

by John Corrie ( PPE ) by Klaus Rehder ( PSE )

to the Commission to the Commission

(8 July 1995 )

( 95 / C 311 / 42 )

Subject : Agricultural subsidy payments

Does the Commission see implications in relation to
the recent GATT agreement if Member States decide
unilaterally to place environmental conditions on
agricultural subsidy payments ?

( 12 July 1995 )

( 95 / C 311 / 43 )

Subject : Removal of obstacles to trade in GATT

Under the GATT Treaty, the export of non-Annex II goods
to third countries involves applying for licences not only for
the final product ( e.g. fruit yoghurt ) but also for its
individual inputs ( e.g. refined sugar, fruit, milk ). Given that
every product of this kind is based on its own recipe, a great
deal of calculation is required . Should the amount sold differ
from the original plans, the corresponding amounts for
which a licence was requested also change .

What possibilities does the Commission see for trimming
this bureaucratic procedure, which obstructs trade ?

Answer given by Mr Fischler
on behalf of the Commission

(7 September 1995 )

Answer given by Mr Bangemann

on behalf of the Commission

( 12 September 1995 )

The Commission is of the opinion that Member States
cannot decide unilaterally to place environmental
conditions on subsidies provided by the Community under
the common agricultural policy . Such conditions can only be The agreement reached in the Uruguay

foresee any quantitative restrictions on

imposed on the basis of an authorization granted under
Community law . Authorizations have been granted in agricultural goods not covered by

Treaty .

several Council Regulations establishing common market
organizations . ( See, e.g., Article 5d of Regulation ( EEC )
No 30 1 3 / 8 9 ( 1 ' ( sheepmeat and goatmeat ), Article 4g, Because of the very composite nature of
paragraph 4a of Regulation ( EEC ) No 804 / 68 ( 2 ) ( milk ) and have been impossible to manage
Article 7, paragraph 3 of Regulation ( EEC ]) No 1765 / 92 ( ')

The agreement reached in the Uruguay Round does not
foresee any quantitative restrictions on exports of processed
agricultural goods not covered by Annex II to the EC
Treaty .

( compensatory payments for arable crops )).

The Community institutions decide whether Member States
should be allowed to impose environmental conditions on
Community premia . In rhe final instance it is for the
Commission to ensure that Member States do not attach
unauthorized conditions to premium payments . It is also for
the Commission to ensure that the commitments

undertaken by the Community under the GATT agreement
are respected, but there is no direct relationship between the
two issues .

(') OJ No I. 289, 7 . 10 . 1989 .

( 2 ) OJ No I. 148, 28 . 6 . 1968 .
(') o'j No I 181, 1.7 . 1992 .

Because of the very composite nature of these goods it would
have been impossible to manage quantitative restrictions
relating to agricultural products exported in the form of
such goods . The fact that many of these goods incorporate
several basic agricultural products would have given rise to
the risk of double counting . For this reason the Community
took a commitment in the form of a budgetary outlay only .
This means that the total export refunds expenditure paid
for agricultural products exported in the form of non-Annex
II goods must not exceed a fixed amount within a budgetary

year .

For the period of 16 October 1 995 to 1 5 October 1 996, i.e.
the first budgetary year to which the binding applies, the
total expenditure allowed under the WTO ( World Trade
Organization ) agreement is ECU 646 million, falling to
ECU 366 million in the year 2000 .

There are at present no export licences or certificates

required for export of non-Annex II goods .

No C 31 1 / 28 [ EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E-2030 / 95

by Gerhard Botz ( PSE )

to the Commission

( 12 July 19 95 )

( 95 / C311 / 44 )

Subject : Trans-regional sale of products as a criterion tor

ERDF support, particularly in rural areas

The trans-regional sale of products is a key pre-condition for
SMEs to be eligible for support under the ERDF .
Particularly in rural areas, however, there are man } very
small and often craft-based firms which are able to sell their

products only within their own region . This applies in
particular to Objective 1 areas .

In such cases the above criterion is counter-productive, since
it prevents vital funds from being used to promote
diversification in rural areas .

Is the Commission aware of this problem, and what is being
done to change the situation ?

— The flexibility clause inserted in the CSF for the new

l ander allows the Lander to dissociate ERDF funding
from the common task . Some of the new Lander have

already done so ; one is about to do so, in particular with
a view to supporting those very small-scale activities
which would not respect the ' primary effect '
criterion .

— The new framework plan of the common task for the

period 1995 — 1999 has mitigated the ' primary effect 1
criterion considerably, so that a large number of small
firms or craft industries will become eligible which
would not have been eligible in the past .

Overall, it can be said that the ' primary effect ' criterion is
less a problem now than it was in the first programming
period 1991 — 1993 .

WRITTEN QUESTION E-2031 / 95

by José Happart ( PSF )

to the Commission

Answer given by Mrs Wulf-Mathies ( 12 July I 995 )

on behalf of the Commission

i ' 20 September 1 995 )

The Commission is aware of the problems which the
practical application by the German authorities of the
' primary effect ' criterion ( export of products beyond the
region of location as criterion of eligibility for productive
investment ) may cause in particular for small and
medium-sized enterprises ( SMEs ) and craft industries . This
issue was the subject of discussion with the German
authorities when the Community support framework ( CSF )

1994 — 1999 was negotiated .

The regulatory framework for operations of the European

Regional Development Fund ( ERDF ) does not provide for
such a criterion of eligibility, nor is it a strategy generally
pursued by the Community 's regional policy . However, to
the extert that the ERDF co-finances the common task for
regional policy ( Gemeinschaftsaufgabe Verbesserung der
regionalen Wirtschaftsstruktur ) in the new - Lander, the
criterion does affect ERDF funding for SMEs and craft

industries .

With regard to the situation in rural areas, the following can
be said :

— The ERDF complements the European Agricultural

Guidance and Guarantee Fund ( EAGGF ) in the
diversification effort in rural areas . This effort is in the

first instance the task of the EAGGF . In the case of the
EAGGF the ' primary effect ' criterion does not apply .

( 95 / C 51 1 / 45 )

Subject : Use of hormones in stock-breeding in the USA

New health regulations concerning the use of hormones in
stock-breeding will come into force on 1 July 1995 . The
USA has exerted considerable pressure on this issue, arguing
from the ' scientific viewpoint '.

Is the Commission aware of its responsibility in this

matter ?

1 . What about respecting the views of EU and US
citizens ?

2 . What about protecting public health and animal
welfare ?

5 . What about the loss of earnings of FU producers, in
particular Belgian stock-breeders, whose reputation has
been blackened by the way in which the media have
indiscriminately portrayed stock-breeders in a negative
light, while the USA continues to export meat
containing hormones ?

4 . What reprisal measures will be taken against the USA,
which has already started to question the new rules, as
laid down in the new GATT agreements ?

22 . 11 . 95 1 EN 1 Official Journal of the European Communities No C 311 / 29

Answer given by Mr Fischler
on behalf of the Commission

(7 September 1995 )

Following the entry into force of the WTO agreements
concluded as part of the Uruguay Round on technical
barriers to trade and health and plant health, the
Community still has full responsibility for drawing up
measures to protect the health of consumers and livestock
farming as well as for animal welfare ; it is still required to
take account of the views of consumers, in particular when
forwarding its proposals for Council (') Regulations to
considerably tighten the bans and controls on the use of
hormones in livestock fanning .

The Commission has welcomed favourably the
reinforcement of their inspection system by the Belgian
authorities, particularly during the last few months . Only on
approach which combines controls of this kind with efforts
by the producers themselves can uphold the image of Belgian
meat . With regard to imports from third countries, Council
Directive 88 / 1 46 / EEC ( 2 ) prohibits the import of animals
that have received hormones for anabolic purposes as well
as of their meat .

A scientific conference in this field is to be held at the end of

November 1 99 5 in Brussels and is currently being prepared
by the Commission . This conference will provide an
opportunity to make a detailed examination of all the
scientific aspects of the use of growth promoters in
livestock-farming . As it is aware of the interest in Parliament
with regard to this subject, the Commission will be inviting
representatives of Parliament to attend the conference .

As and if necessary the Commission will be defending the
interests of the Community, in particular within the
framework of the WTO .

1 . Does the Commission have details of the origin and
composition of the ' ecstasy ' drug ?

2 . How is it possible for this drug to he freely sold in dance
halls, fitness centres, schools, etc .?

3 . What steps has the European Monitoring Centre for
Drugs and Drug Addiction taken to cooperate with
Europol in monitoring, intercepting and preventing
illegal sales of the substance ?

4 . What is being done to dismantle the network ?

5 . What measures will be taken to prevent the problem
from spreading ?

6 . Has a survey been conducted into existing measures to
combat drugs in each of the Member States of the
European Union ?

Answer given by Mrs Gradin
on behalf of the Commission

( 19 September 1 99 >)

The Commission does not have any information on the
origin and composition of the drug ' ecstasy 1 . Measures to
combat the production, trafficking and sale of illegal drugs
are the responsibility of the Member States . The sale of this
drug is in any event illegal in all Member States .

( 1 ) ( X)M(9 .-> ) 44 1 final .
(-) O ! No I. 70, 16 . 3 . 1988 . The role of the European Monitoring Centre for Drugs and

Drug Addiction is confined to providing information in this
field and it has no powers to combat unlawful
drug-trafficking . This is more a matter for the Drugs Unit

( the EDU ) and for the future Europol itself . The Drugs
Monitoring Centre is nevertheless required to cooperate
with Europol in accordance with its basic Regulation,
within the limits of their respective powers .

WRITTEN QUESTION E-2032 / 95

by José Happart ( PSE ^)

to the Commission The Commission has no powers over the policing or

prevention aspects of the fight against drugs, these being

( 12 July 1995 ) governed by Article K. 1 ( 9 ) of the Treaty on European

( 95 / C 311 / 46 ) Union, which does not give the Commission any right of

initiative . Its powers are limited to coordinating preventive
measures in accordance with Article 129 of the EC Treaty
which deals with public health .
Subject : The fight against drugs

to the Commission

( 12 July 1995 )

( 95 / C 311 / 46 )

The illegal traffic in ' ecstasy 1 drugs, targeted principally at
adolescents, is an urgent problem .

No C 31 1 / 30 \ EN Of ticial Journal ot the European Communities 22 . 11 . 95

WRITTEN QUESTION E-2037 / 95

by Christa Klals ( PPE )

to the Commission

( 12 July 1995 )

( 95 / C 311 / 47 )

Subject : Equivalence between degrees conferred by higher

education establishments in the European Union

Degrees from certain European higher education
establishments are not yet recognized as being equivalent to
their German counterparts . For instance, the French
academic title of doctor can only be used in the original form
in Germany : the German abbreviation ' Dr. ' is inadmissible .
This means that German scientists and scholars who have

been awarded their degree in other European countries
suffer considerable discrimination . This also militates
against the mobility of young students and is prejudicial to
the idea of European integration in the worlds of research
and professional life .

Does the Commission intend to include the mutual
recognition of degrees conferred by higher education
establishments in the European Union as one of the activities
set out in its communication on recognition of qualifications
for academic and professional purposes (')?

f 1 ) C:i)M(94 ) 596 .

Answer given by Mr Monti
on behalf of the Commission

( 11 September 1995 )

The Commission has recently been informed of the
difficulties encountered by German nationals wishing to
make use, in Germany, of a postgraduate university degree
awarded in another Member State . All Community
nationals who have obtained in another Member State a
university degree wnich they wish to use in Germany may be
faced with similar obstacles . While German legislation
provides for the possibility of using titles issued in another
Member State, this is subject to special conditions . Firstly, a
prior application for authorization must be formally
submitted to the appropriate authorities . Secondly, once
such authorization is obtained, the rules on using the title
make an explicit distinction between German titles and
those obtained in another Member State .

The Court of Justice of the European Communities has
already delivered a judgment in such a case ('). It involved
assessing whether a Member State 's legislation requiring
prior authorization for the use by one of its own nationals
on its territory of a post-graduate university degree obtained
in another Member State was compatible with Community
law . The Court considered that this situation fell within the
scope of Community law . In principle, a Member State w as

tree to determine the rules to be applied to the use ot a title
within its territory . It could, tor example, lay down a
procedure for the issuing of administrative authorization
prior to the use of a title . However, Community law
imposed limits on such powers ; there could under no
circumstances be a barrier to the exercise of a fundamental

freedom, such as the freedom of movement of workers or
the freedom of establishment . Any national measure relating
to the conditions governing the use of a postgraduate
university degree obtained in another Member State was
prohibited if liable to hinder the exercise bv Community
nationals of the fundamental freedoms guaranteed bv the
Treaty, irrespective of whether it were applied without
discrimination based on nationality .

It would appear, therefore, : hat the German authorities
accept the use of a title obtained in another Member State,
but the abbreviation authorized in such cases differs from

that which may be used by holders of a title issued by a
German university . A distinction is made, therefore,
between persons who have obtained their degree in
Germany and others . The former could thus derive some
advantage on the employment market, with practical effects
for persons seeking to enter or succeed in a profession . Eor
that reason, the Commission intends to contact the German

authorities and ask for their views .

As regards the communication on the recognition of titles
for academic and professional purposes, the Commission is
awaiting the reactions of the different Community
institutions and of the persons concerned before deciding on
what action to take . The consultation phase is under

wav .

(') ( X)|KC 31 March 1993 . Case (.'- 19 / 92 Dieter Kraus v. l.anu

Baden-Wurttember ^.

WRITTEN QUESTION E-2043 / 95

by Hugh Kerr ( PSE )

to the Commission

( 12 I ulv 1995 )

( 95 / C 31 1 / 48 )

Subject : Fundamental rights ot EU citizens

Ciiven that all national governments, MPs and MEPs within
the EU are democratically elected after a vote taken by the
citizens they are there to represent — not by commercial
interests — will the Commission :

confirm that the EU was created for the benefit of its

citizens, and that therefore their fundamental rights must
take precedence over those of commercial vested interest ;

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 31

give examples to substantiate its answer ; Community legal order which the Treaty provisions and
legislation adopted under the Treaty have to observe .

explain where this legal point is confirmed / written / implied
in either the Treaty of Rome or the Maastricht Treaty ;

confirm that if such provision does not currently exist
within the text of either of these treaties, it will be clearly
included in any treaty resulting from the IGC in 1996 ?

WRITTEN QUESTION E-2046 / 95

by Sebastiano Musumeci ( NI )

to the Commission

( 12 July / 995 ;

( 95 / C 31 1 / 49 )

Answer given by Mr Santer Subject : More effective plant protection measures against
on behalf of the Commission citrus fruit parasites

( 20 September 1995 )

The task of building Europe is centred on democracy and
fundamental rights . The preamble to the Treaty on
European Union ( TEU ) stresses the Member States '
attachment to the principles of liberty, democracy and
respect for human rights, fundamental freedoms and of the
rule of law . It added a new Article E.2 which states :

' The Union shall respect fundamental rights, as
guaranteed by the European Convention for the
protection o f Human R ights and Fundamental Freedoms
signed in Rome on 4 November 1950 and as they result
from the constitutional traditions common to the

Member States, as general principles of Community
law . 1

Another direct reference to human rights in the TEU lies in
the requirement that the justice and home affairs matters
enumerated in Article K. l be dealt with in compliance with
the European Convention on Human Rights 1950 and the
Refugee Convention of 1951 .

Many of the provisions in the EC Treaty are concerned with
the rights of the individual ( e.g. Articles 2, 6, 48, 51, 52, 57,

117,118, 119, 123 ). The citizen 's rights, set out in Articles 8
to 8e of the TEU, combine freedoms that have long been the
foundation of the EC Treaty ( freedom of movement and
residence ) with new rights ( right to vote in and stand for
municipal and European Parliament elections, diplomatic
and consular protection ).

Moreover, the j urisprudence of the Court of Justice has long
established firstly that fundamental rights are part of the
general principles of law which the Court has to uphold in
accordance with Article 164 of the EC Treaty and secondly,
that in case of conflict between rules of secondary legislation
and the general principles of law, the latter prevail .

All these provisions demonstrate that fundamental rights
represent basic common values and norms in the

A new citrus fruit parasite ( Phyllocnistis citrella ) has been
introduced into Italy through citrus fruit imports from
Spain . Specimens have already been reported, mostly in
Sardinia . This parasite is one of the organisms listed in the
annexes to the Community Directives on the introduction of
organisms harmful to plants and represents one of the most
difficult pest control problems yet encountered .

Will the Commission call on the Member States — in this

specific case, Spain — to step up checks on their own
national products and, at the borders, on products imported
from non-Community countries, to ensure compliance with
plant protection standards .

Answer given by Mr Fischler
on behalf of the Commission

( 12 September 1 99 / >j

The Commission is aware of the damage caused by
Phyllocnistis citrella ( citrus leaf miner ) in certain
citrus-growing regions of the Community .

This leaf miner, which is widely found in the Mediterranean
basin, is spread by the wind, among other things . The
recommended plant health measures are insecticides, parcel
hygiene and appropriate anti-pest measures . Organizing
such measures is the responsibility of the local plant health
services . Thus, contrary to what is written in the
Honourable Member 's question, the leaf miner is not
regarded as a harmful organism requiring quarantine and
is not mentioned in Council Directive 77 / 93 / EEC on

protective measures against the introduction into the
Member States of organisms harmful to plants or plant
products and against their spread within the
Community ( 1 ).

Nevertheless, the Commission is willing to increase Member
States ' awareness of the problem, so as to improve the
existing measures .

(') Q | No I 26, 31 . 1 . 1977 .

No c : 3 I 1 / 32 I EN 1 Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E-2056 / 95

by Anna Terrón i Cu si ( PSE )

to the Commission

( 12 July 19 95 )

( 95 / C 311 / 50 )

Subject : Positive discrimination within the Commission

In his reply to Questions Nos P - " 1338 and P - 1339 / 95 (' ) Mr
Van den Broek, Commissioner, stated that, in the 1995
rotation, only two women applied for the 33 posts of head
of delegation in the Commission 's delegations to third
countries .

Can the Commission now say whether either of the two
woman in question actually obtained a post of head of
delegation, and whether it practises positive discrimination
in the case of candidates with equal merits ?

(') O J No C 213, 17 . 8 . 1995, p . 52 .

Answer given by Mr Van den Broek

on behalf of the Commission

( 21 September 1995 )

In the 1995 rotation of delegation heads, 34 officials from
Brussels, 2 of whom were women, applied for 33
management posts in the delegations .

Of these 33 posts, 29 were filled by moving heads of other
delegations . Only four posts were filled by officials from
Brussels The two female candidates were not appointed,
preference being given to applicants with previous
delegation experience or relevant operational experience .

The Commission particularly welcomes applications from

women .

WRITTEN QUESTION E-2066 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 12 July 1995 )

( 95 / C 311 / 51 )

Subject : Budget heading A - 182

Article A-182 of the European Union 's 1995 budget
includes an amount for social contacts between staff .

What is this budget heading used for and what has it been
used for in the past ? I should appreciate a detailed answer
for expenditure in the financial year 1994 or, if this is
impossible, for the most recent year for which information is
available .

Answer given by Mr Liikanen

on behalf of the Commission

( 20 September 1 995 )

Budgetary heading A - 182 (' Social contacts between staff )
covers part of the cost of running the recreation centre

( lover ), subsidies to staff clubs, management and extra
equipment for inter-institutional sporting facilities, and
initiatives to encourage social contacts between staff from
different cultures and language groups, again on an
inter-institutional basis .

The purposes for which these appropriations are used and
the amounts allocated have remained stable over the last few

years . A detailed list of initiatives financed under budgetary ­
heading A-182 has been sent to the Honourable Member
and to the Parliament 's Secretariat .

WRITTEN QUESTION P-2067 / 95

by Philippe De Coene ( PSE )

to the Commission

(7 Julv / 995 ;

( 95 / C 3 1 1 / 52 )

Subject : Unequal terms of competition for the introduction

of teleshopping in Flanders

The TV station VT4 has announced that it will provide a
teleshopping service for its viewers in Flanders from
2 1 August 1995 . As VT4 is a TV station established under
British law which is permitted to transmit its programmes
by cable in Flanders in accordance with the Directive on
' Television without Frontiers ', British regulations apply,
and teleshopping is permitted as part of the advertising
package .

Flemish legislation does not permit TV stations based in
Flanders to provide teleshopping services, which makes
VTM and BRTN victims of unfair competition .

Would it be acceptable to the Commission for the Flemish
authorities to impose a temporary moratorium on the
provision of teleshopping services with the aim of
preventing unfair competition and with a view to amending
their own legislation in accordance with the Directive on
' Television without Frontiers ' and making it possible for
TV stations based in Flanders to provide teleshopping

services ?

22 . 1 1 . 95 KN Official Journal of rhe European Communities No C 311 / 33

Answer given by Mr Oreja
on behalf of the Commission

(4 August 1995 )

Article 18 of the Television without frontiers ' Directive

( 89 / 552 / EEC (')) permits teleshopping programmes, on
condition that they do not exceed one hour per day .
Article 20 allows Member States to lay down more flexible
conditions in respect of teleshopping programmes intended
solely for the national territory which cannot be received
directly or indirectly in one or more other Member States .
Article 20 applies, for instance, to VTM .

exclusively to teleshopping . This proposal is currently being
studied bv Parliament and the Council .

(>) OJ No 1 . 298, 17 . 10 . 1989 .

i 1 ) ( X)M(9S ) 86 final .

WRITTEN QUESTION E-2091 / 95

by Odile Leperre-Verrier ( ARE )

to the Commission

( 18 July 1995 )

( 95 / C 31 1 / 53 )

Subject : Equine improvement
The Commission 's information is that VT4, which comes
under the jurisdiction of the United Kingdom since it is What assistance does the Commission provide towards
established there, is planning to broadcoast a teleshopping equine improvement, and does it grant subsidies for the
programme lasting no more than 20 minutes per day . In the organization of relevant European events ( races,
absence of information to the contrary, this is compatible competitions, horse shows, etc .)?
with the provisions of Directive 89 / 552 / EEC .

Answer given by Mr Fischler
Article 2 of the Directive lays down that broadcasts from on behalf of the Commission
another Member State may not be suspended, temporarily (7 September 1995 )
or otherwise, except as allowed by the provisions for the
protection of minors ( Article 22 in conjunction with
Article 2(2 )). Aid for the improvement of horse breeding

(7 September 1995 )

In the light of these facts, it would be unacceptable if the
Flemish authorities declared a moratorium on teleshopping
services which do not come under their jurisdiction pending
changes to their own legislation .

A situation of unfair competition cannot be pleaded under
Community law to support such a measure, especially as the
ban on broadcasting teleshopping programmes on channels
established in Flanders is imposed by the Flemish
community itself . There is no apparent reason for believing
that Community law might be the source of the unfair
competition referred to by the Honourable Member . VTM
could freely broadcast teleshopping programmes for more
than an hour a day under Article 20 of Directive
89 / 552 / EEC . Since BRTN is on the Dutch cable, it would
have to confine itself to one hour per day in accordance with
the provisions of the Directive, but since it is financed from
licence fees and carries no advertising, competition should
not be a problem .

The Commission recalls that its proposal for a Directive
amending Directive 89 / 552 / EEC ( 2 ) would raise the upper
limit from one hour to three hours per day for channels
which are not devoted exclusively to teleshopping and
would abolish all hourly limits for channels devoted

Aid for the improvement of horse breeding can be provided
by the European Agricultural Guidance and Guarantee
Fund ( Guidance Section ) in the context of developing
alternative enterprises on farms . No precise information
exists on the amount of such aid . In the case of Ireland, the
Commission has approved a number of measures for
improving the breeding and marketing of
non-thoroughbred horses ( not including race horses ) in an
operational programme for agriculture, rural development
and forestrv 1994— 1999 .

WRITTEN QUESTION E-2093 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 18 July 1995 )

( 95 / C 31 1 / 54 )

Subject : Prices of new pharmaceutical products

During the 1664th meeting of the Council of Health
Ministers ( in Brussels on 27 May 1993 ), they held an
exchange of views, on the basis of a memorandum
submitted by the Danish Presidency (') on the excessively
high prices of pharmaceutical products, and in particular
innovative products of this kind, and expressed their
satisfaction at the Commission 's plans to look into the
matter in detail .

No C 31 1 / 34 [ EN | Official Journal of the European Communities 22 . 11 . 95

Given that : to assess the national measures taken in this sector and,
where appropriate, to propose a common strategy . The

— these innovative pharmaceutical products often enjoy a working party has initially been carrying out a case study .

near monopoly on the market, The initial findings indicate that, whatever system of control

has been set up at national level, the pharmaceutical product

— if new pharmaceutical products continue to be marketed concerned has been placed on the market in the Member

at excessively high prices, this is likely to pose a severe Stares at similar prices . The measures introduced by the
threat to the development of a policy in the health national authorities are concerned more with levels of

reimbursement . This confirms the Commission 's own

sector, conclusions that action on reimbursements is more effective

and has less of a distorting effect on the market than action

will the Commission say what measures it has taken so far to on prices .

— these innovative pharmaceutical products often enjoy a

near monopoly on the market,

— if new pharmaceutical products continue to be marketed

at excessively high prices, this is likely to pose a severe
threat to the development of a policy in the health

sector,

will the Commission say what measures it has taken so far to
study this problem in detail and what results have been
obtained so far ?

( 1 1 O ) No 1 . 40, 11 . 2 . 1989 .

(!) Doc . 6451 / 1 / 93 .

Answer given by Mr Bangemann

on behalf of the Commission

( 27 September 1 995 ) WRITTEN QUESTION E-2094 / 95
by Mihail Papayannakis ( GUE / NGL )

to the Commission

The high prices of new pharmaceutical products are a source
of concern to the departments responsible for health service
budgets in the Member States . While only a relatively small
part of these budgets goes towards paying for such products,
which provide a number of benefits to patients and good
value for money compared with other forms of treatment
such as going into hospital, the Member States nevertheless
have a legitimate interest in containing this expenditure .

On the other hand, pharmaceutical research is becoming an
increasingly long and costly process . It takes 10 to 12 years
for a new product to be released and the average cost of the
research and development needed for a completely new
product is put at ECU 200 million . A company can only
make such an investment if it is able to generate the funding
needed during the period of exclusivity conferred by the
patent . The survival of pharmaceutical companies depends
on the profitability of a small number of products but also
on the renewal of their stock of patents on new
pharmaceutical products .

Early on in 1993, the Danish authorities drew the attention
of the European institutions to the fact that some companies
set very high pan-European prices for pharmaceutical
products which represent major innovations in terms of
treatment . While recognizing the need to guarantee that
research and development into new products continue to be
encouraged in order to maintain a high level of care
throughout the Community, the Danish authorities have
called for discussions at Community level to ensure that
Member States an ; not forced to accept unusually high
prices for highly innovative products .

The Committee set up under Directive 89 / 105 / EEC (') has
confirmed its interest in this subject and has instructed a
working party to investigate it . The working party 's
mandate is to clarify certain concepts such as those of
' innovative pharmaceutical products 1 and ' excessive prices ',

( 18 July 1995 )

( 95 / C 31 1 / 55 )

Subject : Quality of pharmaceutical products

According to an article in the periodical ' Scrip ' ( No 20 12 of
3 1 March 1995, p. 5 ), published in the United Kingdom by
PJB Publications, one of the managers of a well known
pharmaceuticals company has complained to the relevant
authorities in Denmark that a product of that company
which had been imported as a ' parallel import ' by the
Paranova Company from a country in southern Europe was
of an inferior quality compared to the same product
manufactured in northern Europe . According to the same
publication, the matter has been referred to DGIII 's
Committee for Proprietary Medicinal Products .

Will the Commission say :

1 . How can it explain the fact that there are variations in
the quality of pharmaceutical products, given that the
conditions under which the various Member States

authorize the marketing of a pharmaceutical product
have been harmonized by a number of Directives
concerning the quality, safety and effectiveness of such
products ;

2 . Whether it could guarantee that the quality of
pharmaceutical products manufactured in different
locations is identical, so as to maintain high public
health standards in all the Member States and, if so,
how ;

3 . What conclusions has the Committee of proprietary
Medicinal Products reached in this matter ?

22 . 11 . 95 F.N Official Journal of the European Communities No C 311 / 35

Answer given by Mr Bangemann

on behalf of the Commission

( 27 September 1995 )

It is true that the criteria of effectiveness, safety and quality
of medicinal products, on the basis of which national
authorities grant marketing authorizations, have been
harmonized, mainly by Directive 75 / 3 1 8 / KEC ( 1 ) and its
subsequent amendments . Information on this subject can
also be obtained by consulting the explanatory notes
published by the Commission ( 2 ).

It is possible that medicinal products which are identical but
which have been manufactured or checked according to
slightly different operating methods receive marketing
authorizations granted jy the authorities of different
Member States .

This is not a matter, therefore, of different quality criteria,
but of variants in manufacture or in the methods of checking
the same medicinal product . Normally, such variants do not
have any therapeutic effect but, as stipulated in the
Commission 's communication on parallel imports of
proprietary medicinal products for which marketing
authorizations have already been granted ('), if the
differences between these variants were sufficiently great to
have such an effect, it would be justified to treat them as
different medicinal preparations .

The Honourable Member 's question has not been officially
raised with the Committee on Proprietary Medicinal
Products, which has issued no opinion on any possible
differences of quality in the medicinal product
concerned .

(') OJ No 1 . 147, 9 . 6 . 1975 .

( 2 ) Volume III ' Guidelines on the quality, safety and efficacy ot

medicinal products for human use ', ref . CB-55-89-843-EN-C
and its three addenda .

V ) C )| No C 1 15, 6 . 5 . 1982 .

WRITTEN QUESTION E-2097 / 95

by Giancarlo Ligabue ( UPE )

to the Commission

( 18 fulv / 995 )

(9 SIC 31 1 / 56 )

Subject : Arrangements applying to trade in cheese between

the European Union and Switzerland

Commission Regulation ( EC ) No 527 / 95 (') of 9 March
1995 amending Commission Regulation ( ETX ]) No 1767 / 82
laying down detailed rules for applying specific import levies
on certain milk products l 2 ), stipulates that the agricultural
levy, ECU 10,95 per 100 kg, is payable on both whole
cheeses and on pieces or portions .

On 23 April 1975 the Swiss Government, taking a
diametrically opposed line to the provisions of the
Regulation mentioned above, decided that a customs duty
of SF 25 should be levied on whole cheeses, whereas goods
apart from whole cheeses ( falling under the heading of
' Other products ') would incur an additional charge of as
much as SF 375 per 100 kg .

There is no such difference in charges affecting Swiss cheese
imports into Italy or the rest of the Community, and
customs duty accordingly does not vary, whether the cheese
is supplied whole or in packaged form .

In view of the current position, does the Commission not
believe that it should take steps to ensure that Swiss goods in
the ' Other products ' category are subject to the same rates of
duty as the equivalent Community goods ?

(') OJ N » I. 54, 10 . 3 . 1995, p . 4 .
(-) OJ No I. 196, 5 . 7 . 1982, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 15 September 19 9>j

Commission Regulation ( EEC ) No 1 767 / 82 fixes a reduced
levy of ECU 10,95 per 100 kg ( see Regulation ( EC )
No 527 / 95, supplemented by Regulation ( EC )
No 1 35 1 / 95 ( 1 ) ) applicable to cheeses imported from
Switzerland, provided that they fall within certain
Combined Nomenclature codes and comply with the
descriptions for the classifications concerned . The reduced
levy applies to both whole cheeses and packed pieces .

In accordance with the Agreement concluded during the
Uruguay Round, with effect from 1 July 1995, Regulation

( EEC :) No 1767 / 82 was replaced by Regulation ( EC )
No 1600 / 95 ( 2 ) and the levy of FXT ! 10,95 per 100 kg was
replaced by an import duty of ECU 9,66 per 100 kg . No
change was made, however, to the product descriptions .

Products which do not fulfil the requirements laid down by
the Regulation for eligibility for reduced duties are subject
to the full import duty .

Given that, on the entry into force ot the said Agreement, all
existing duties were consolidated under GATT, the
Commission does not see how it can unilaterally amend
them . It will, however, take account of the Honourable

Member 's comments in its negotiations with the Swiss
authorities on the revision of the existing bilateral

agreements .

( ! ) OJ No I. 131, 15 . 6 . 1995, p . 12 .
(-) OJ No I. 151, 1 . 7 . 1995, p . 12 .

No C 31 1 / 36 EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E-2 106 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 18 July / 995 ;

( 95 / C 31 1 / 57 )

Subject : The cost of newsprint

Almost every day over the last few months daily newspapers
and weeklies have published articles trying to promote
awareness of the unsustainable increase in the cost of

newsprint .

The substantial increase in the cost of newsprint is leading to
serious problems in certain firms and is threatening
employment in the sector .

The Commissioner for Competition, Mr Van Miert,
promptly announced that detailed research would be
carried out into the problem, which demonstrates the
Commission 's concern .

Can the Commission say, recognizing the value of the
research study, what steps it intends to take to tackle the
urgent problem of the uncontrolled increase in the cost of
newsprint, which is jeopardizing the publication of many
daily newspapers and hence the very freedom of the press
and, therefore, the free movement of ideas and the workings
of democracy in the Member States of the EU ?

Answer given by Mr Van Miert

on behalf of the Commission

( 11 September 1 995 ;

At present, the Commission can simply confirm that a
detailed investigation into paper for printing, and in
particular newsprint, has been launched with a view to
examining the production and marketing conditions in that
sector in the light of the rules of competition laid down in the
Treaty . It cannot, however, prejudge the outcome of the
investigation . If it transpires that the increase in the cost of
newsprint referred to by the Honourable Member is the
result of an infringement of the rules of competition, the
Commission will be certain to take the measures necessary
to bring that infringement to an end .

WRITTEN QUESTION E-2 108 / 95

by Amedeo Amadeo ( NI )

to the Commission

( IS July / 995 ;

( 95 / C 31 1 / 58 )

Subject : Recognition of qualifications

The Commission communication on recognition of
qualifications for academic and professional purposes does
not seem to deal in sufficient depth with the current
situation regarding mobility and reciprocal recognition ('),
for example for workers with professional and specialized
qualifications .

Can the Commission say whether it does not consider it
restrictive to confine the scope of the document to the
academic and professional sectors and whether, in order to
make governments more motivated, professional and
specialized qualifications and university courses should
match employment requirements and thereby offer better
job and career prospects ?

( 1 ) COM(94 ) 596 .

Answer given by Mrs Cresson

on behalf of the Commission

( 11 Octobcr / 995 )

In the introduction to and conclusions of its communication

on recognition of qualifications for academic and
professional purposes, the ( ommission stressed that :

— to streamline the debate, deliberations were initially

restricted to higher education qualifications and those
professions requiring qualifications at this level ;

— the Commission intends to extend the debate in the

future to all levels of training, including vocational
training, and that higher education is therefore merely
the first step . Particular attention will be given to
this question in the White Paper on Education
and Information, which will be submitted by the
Commission in November .

As regards matching the requirements of the labour market,
the spirit of the communication is in keeping with this
approach, and the proposed measures, taken as a whole, pay
particular attention to this aspect .

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 37

WRITTEN QUESTION E-2110 / 95

by Amedeo Amadeo ( NI )

WRITTEN QUESTION E-2113 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission to the Commission

( 18 July 1995 ) ( 19 July 1995 )

( 95 / C 311 / 59 ) ( 95 / C 311 / 60 )

Subject : Old-age pensions Subject : Budget item ' Subsidies to organizations advancing

the idea of Europe '

One of the most difficult and partially unsolved problems of
society in the Member States of the Union is the future of
old-age pensions . The ageing of the population leads to the
worrying thought that, if zero growth continues, in a few
years there will not be enough resources to pay for old-age
pensions .

Budget item A-3 0 4 provides for an appropriation for
organizations advancing the idea of Europe . The remarks
contain a non-exhaustive list of such organizations .

What organizations have received subsidies under this

Can the Commission say whether it does not consider that heading ? What criteria are used in granting them ?
this issue be tackled decisively so as to assess, with the aid of
tangible data, the situation in the Union, and then make
recommendations and practical proposals to the Member
States which will give pensioners more peace of mind ? WRITTEN QUESTION E-2 114 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

Answer given by Mr Flynn
on behalf of the Commission

( 19 July 1995 )

( 95 / C 311 / 61 )
(8 September 1995 )

In its Medium-Term Social Action Programme

( 1995 — 1997 ) ('), the Commission announced its proposal
to launch a framework initiative on the future of social

protection without delay ( point 6.1.1 .). It will very shortly
be presenting a communication to the Council and
Parliament setting out the aims and means of this
initiative .

Joint reflection under this initiative will cover, among other

things, the question of the impact of the ageing of the
population on pension schemes in the Member States . The
way in which these schemes must adapt to this ageing
process is a question which concerns the whole Community .
A number of Member States have already introduced
reforms designed to raise gradually the age of retirement,
either directly or indirectly by increasing the number of
years of contributions required to receive a full pension . The
question which must be asked is whether or not it is
necessary to go further and to promote the development of
funded supplementary pension schemes . If the Member
States decide to develop such funded schemes on a large
scale, it will be necessary to study the resulting
macro-economic effects on consumption, growth and
employment, and the extent to which the funds accumulated
in this way will actually be able to provide the requisite
resources to finance pensions when the ageing of the
population is at its peak .

Subject : Budget item ' Support for international
non-governmental youth organizations '

Budget item A-3 2 2 provides for support for international
youth organizations to help cover organizational costs to
prepare and implement programmes within a European
framework .

Who, or what organizations, have received subsidies under
this heading ? What criteria are used in granting subsidies
under it, and how can organizations apply for them ?

WRITTEN QUESTION E-2 115 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 19 July 1995 )

( 95 / C 311 / 62 )

Subject : Budget item ' Other subsidies '

Budget item A-3 0 90 provides for ' other subsidies '.

(') COM(95 ) 134 final .
Who, or what organizations, have received subsidies under
this budget heading ? What criteria are used in granting
subsidies under it ?

No C 311 / 38 I EN Official Journal of the European Communities 22 . 11 . 95

to Written Questions With regard to the choice of the tenders submitted, the
, E-21 14 / 95 and E-21 15 / 95 Greek authorities have stated that the first call for tenders is

given by Mr Santer at the preselection stage, while the second will have to be
of the Commission republished because the tenders did not conform to the rules

( 21 September 1995 ) on public contracts nor to the terms of publication .

Joint answer to Written Questions
E-21 13 / 95, E-21 14 / 95 and E-21 15 / 95

given by Mr Santer
on behalf of the Commission

The Honourable Member is referred to the ' report on
beneficiaries of Community grants ' which is transmitted
annually in May to the Budget Control Committee of
Parliament . This report contains a full list of organizations
which receive funding under the budget lines in question as
well as the criteria and procedures governing such

grants .

A similar, albeit more concise, list was transmitted by the
Commission to the Secretary General of the Parliament on
20 February 1995 .

WRITTEN QUESTION E-2 127 / 95

by Gerhard Schmid ( PSE )

to the Commission

( 19 July 1995 )

( 95 / C 311 / 63 )

Subject : Acquisition of fire engines in Greece

In connection with the answer to my Written Question
E-333 / 95 ('):

1 . Has the Greek Government now forwarded to the

Commission the two new invitations to tender ?

2 . Have the invitations to tender been published
throughout the Community ?

3 . If not, why net ?

4 . Does the Greek Government 's new invitation to tender

conform to Community law ?

(') OJ No C 175, 13 . 7 . 1995, p . 34 .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 15 September 1995 )

The Greek authorities notified the publication references for
both calls for tenders in the Official Journal of the European
Communities . The Commission found nothing untoward in
these calls for tenders when it checked them against the
Community rules, in particular those on public contracts .

WRITTEN QUESTION E-2132 / 95

by Françoise Grossetête ( PPE )

to the Commission

( 19 July 1995 )

( 95 / C 311 / 64 )

Subject : Mutual recognition of professional experience

acquired, on the basis of diplomas, successively in
several Member States

Directive 89 / 48 / EEC (') of 2 1 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, which has wholly
or partly been transposed by the Member States of the
European Union, is a contribution to the free movement of
persons and constitutes a significant step in this
direction .

However, it does not provide for mutual recognition of
other aspects associated with the diplomas, such as
professional experience acquired on the basis of these
diplomas successively in several Member States .

The public services of Member States generally refuse to
recognize seniority acquired in the public services of other
Member States . This means that holders of diplomas
covered by Articles 48 et seq . are open to indirect
discrimination on grounds of nationality, contrary to the
principle laid down by Article 7 of the EC Treaty .

In its ruling of 23 February 1994 on the ' Integraut Scholz v
Opera Universitaria di Cagliari and Cinzia Porcedda '
case ( 2 ), the Court of Justice removed the legal vacuum on
the matter by ruling that Article 48 must be interpreted as
meaning that, where a public body of a Member State, in
recruiting staff for posts which do not fall within the scope
of Article 48 ( 4 ) of the EC Treaty, provides for account to be
taken of candidates ' previous employment in the public
service, that body may not, in relation to Community
nationals, make a distinction according to whether such
employment was in the public service of that particular State
or in the public service of another Member State .

However, the Court 's reply applies only to cases relating to
recruitment to the public service by open competition and
does not deal with recruitment by internal procedures or
employment in the private sector .

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 39

Does the Commission intend to remedy . this situation, which
is an obstacle to the free movement of persons, by adopting
binding Community legislation on the matter ?

(') OJ No I. 19, 24 . 1 . 1989, p . 16 .

The ECCO ( European Federation of Associations of
Conservators of Works of Art ) has submitted proposals
concerning ' general professional principles, the profession
and code of conduct '.

( 2 ) ECR 1994, I pp . 505 et sea . Will the Commission, as part of the initiatives aimed at

maintaining the cultural heritage of the European Union,
draw up, in cooperation with the ECCO and other relevant
bodies of the Member States, a Directive on the profession
Answer given by Mr Flynn of conservator of works of art and antiquities ?
on behalf of the Commission

( 11 September 1995 )

Answer given by Mr Monti

The Commission is well aware of this particular, complex on behalf of the Commission
problem, which is not explicitly dealt with by the rules of ( 18 September 1995 )
Community law now in force regarding free movement of
workers .

For these reasons and since the situation and the rules

applicable in the various Member States can vary widely,
the Commission has announced, in its Medium-Term
Social Action Programme 1995 — 1997 (') its intention of
launching a series of studies, pilot measures and debates in
order to test new ways of recognizing the prior learning and
experience of workers, with a view to eliminating this
serious obstacle to free movement .

The same programme also announces that all the remaining
obstacles to the free movement of persons and workers will
be examined by the high-level panel on free movement,
established by the Commission for this purpose .

On the basis of the panel 's reports, the Commission will
present a White Paper setting out an integrated strategy
including specific proposals aimed at tackling the
outstanding problems .

(') COM(95 ) 134 final .

WRITTEN QUESTION E-2137 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 19 July 1995 )

(9 SIC 311 / 65 )

Subject : Conservators of works of art

The European Union attaches great importance to the
conservation and development of our cultural heritage .
However, no attempt whatsoever has been made to
safeguard the profession which specialises in this field —
that of conservator of works of art — which is subject to
widely differing arrangements in each Member State of the
Union and has no charter of rights and obligations . This has
many adverse consequences for conservation, the mobility
of employees in this field etc .

Community instruments on the mutual recognition of
professional diplomas have been enacted which facilitate the
effective exercise of the freedoms of movement laid down by
the Treaty . Depending on the level of education and training
leading to a diploma, either Directive 89 / 48 / EEC 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 ( 1 ) or Directive
92 / 51 / EEC on a second general system for the recognition of
professional education and training to supplement Directive
89 / 48 / EEC ( 2 ) will apply . The basic principle behind these
Directives is that the host Member State may not prevent a
Community national holding the diploma required to
exercise the same profession in another Member State from
taking up or pursuing a regulated profession on its
territory .

The Directives apply only to regulated professions, i.e.
professions where access is subject, by virtue of laws,
regulations or administrative provisions, to the possession
of a diploma . The general system for the recognition of
diplomas applies to professions that are not covered by a
sectoral directive, and so its scope extends to the profession
of conservator of works of art, provided that the profession
is a regulated profession in the Member State in
question .

Member States retain discretion with regard to teaching and
still have the option of laying down conditions for the
pursuit of a profession and the use of the professional title .
The above Directives constitute only a benchmark setting
out the necessary and sufficient conditions to be met by the
training followed by the migrant so that he can benefit from
professional recognition in the other Member States .

The Commission has no plans to introduce a specific
Directive on the profession of curator of works of art since
the freedoms of movement of professionals in that sector are
guaranteed by the general system for the recognition of
diplomas .

(') O J No L 19, 24 . 1 . 1989 .
(-) OJ No L 209, 24 . 7 . 1992 .

No C 311 / 40 I EN I Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E-2151 / 95

by Leen van der Waal ( EDN )

to the Commission

( 19 July 1995 )

95 / C 311 / 66 )

Subject : Impending law on religion in Croatia

According to the Netherlands Dagblad of 26 June 1 995, the
protestant minority in Croatia is concerned at a new draft
law on religion which apparently stipulates that in future
religious communities with fewer than 30 000 adherents
will be deemed to be ' sects '. This represents a considerable
restriction on the freedom of, for example, all the protestant
churches with fewer than 10 000 members .

Can the Commission confirm that this is what the Croatian

Government is planning to do ? What action does the
Commission intend to take in the light of these proposals
which are a threat to freedom of religion ?

progress of the draft law cited by the Honourable
Member .

WRITTEN QUESTION E-2 165 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 28 July 1995 )

( 95 / C 31 1 / 67 )

Subject : Ro-ro car ferries

The European Union is in the process of adopting measures
on ro-ro car ferry safety . Are similar measures to be adopted
to cover the other types of car ferry ? Has any research been
conducted into safety levels on car ferries in the various

Member States and if so what were its findings ?

Answer given by Mr Kinnock

on behalf of the Commission

( 29 September 1995 )
Answer given by Mr Van den Broek

on behalf of the Commission

( 27 September 1995 ) In addition to the measures to tighten up ro-ro passenger
ferry safety, the Commission is preparing a proposal for
a Council Directive on the safety regulations ( design
standards ) for passenger vessels used for shipping links

agreed that United Nations troops could within the Community . This measure is included in the

After Croatia had agreed that United Nations troops could
remain in the country, the Council gave the go-ahead for
negotiations on the conclusion of a cooperation agreement
while reserving the right at any time up to the actual
conclusion of the accord to bear in mind Croatia 's attitude
to implementing UN resolutions and furthering the peace
process . The cooperation agreement will make it plain that
upholding democratic principles and human rights is an
essential element of the accord and that if Croatia fails to

adhere to this requirement, the European Union may
suspend application .

When fighting broke out again in Croatia, the European
Union decided, on 4 August, to suspend with immediate
effect the talks under way on the conclusion of the
agreement and the implementation of the Phare programme
in that country .

The Union is therefore keeping a close eye on the human
rights situation in Croatia and will be particularly alert to
any deterioration . Respect for human rights embraces
freedom of thought, conscience and religion as set out in
Article 18 of the International Covenant on Civil and

Political Rights, which Croatia ratified in 1992 .

Any measure taken by Croatia that militates against
freedom of religion would run counter to the criteria set out
in the agreement . The Commission is closely observing the

1995— 2000 action programme for the common transport
policy (').

As regards the research conducted into safety levels in
certain Member States, the Honourable Member is referred
to the contributions submitted by the Member States to the
International Maritime Organization ( IMO ) for its current
review of the legislation on ro-ro ferries .

(') COM(95 ) 302 .

WRITTEN QUESTION E-2 166 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 28 July 1995 )

( 95 / C 311 / 68 )

Subject : Appropriations for the organization of the 1994

European elections

The European Union made appropriations available for the
organization of the 1994 European elections . What sums

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 41

were paid to Greece and how were they apportioned ? What
categories of national and local government officials were
reimbursed for the performance of services in this
connection ? In which Member States was part of these
appropriations paid to officials entrusted with public order
tasks ( police etc .)?

WRITTEN QUESTION E-2347 / 95

by Nikitas Kaklamanis ( UPE )

to the Commission

(1 September 1995 )

( 95 / C 311 / 69 )

Subject : Election bonus for Greek police officers

In June 1994, Greece, together with the rest of the Member
States of the EU, received a certain sum to cover expenditure
incurred in holding the elections . This sum included
compensatory overtime payments ( election bonuses ) for
police officers on duty on the day of the elections .

However, the bonuses have still to be paid to the officers
concerned which, in my opinion, is unlawful .

Is the Commission aware of this situation and will it urge the
Greek Government to take action ?

occupational disease and of accident . Officials make a
compulsory contribution to the cost of insuring against
non-occupational risks, of 0,1 % of their basic salary . The
benefit payable to the official 's heirs, in the event of
accidental death of an official, is a lump sum equal to five
times the deceased 's annual basic salary .

Could the Commission please publish :

1 . The number of officials dying in service in the last five
years ( or such longer period as may be necessary to avoid
the release of data that could be attributed to

individuals );

2 . The number of officials in ( 1 ) above dying from
accidents as defined in the International Classification

of Diseases ;

3 . The number of cases in which the lump sum entitlement
referred to above and in Article 73 § 2 ( a ) has been paid
during this period ;

4 . In the event that ( 2 ) and ( 3 ) above are not equal, a
summary of the grounds on which the lump sum was not
paid .

More generally, is the Commission satisfied that the
compulsory contributions referred to above are being used
in the best interests of staff suffering from accidents or
occupational diseases ?

Answer given by Mr Liikanen

on behalf of the Commission

Joint answer to Written Questions ( 14 September 1995 )

E-2 166 / 95 and E-2347 / 95

given by Mr Santer
on behalf of the Commission

( 14 September 1995 )

The Commission did not make any payment to Greece for
the organization of the 1994 European elections and has no
information to suggest that other European institutions
made special payments to Greek police officers .

WRITTEN QUESTION E-22 16 / 95

by John Tomlinson ( PSE )

to the Commission

( 28 July 1995 )

( 95 / C 311 / 70 )

Subject : Benefit on death of an official

Under Article 73 of the Staff Regulations for the European
institutions, officials are insured against the risk of

1 . During the period 1990 — 1994 a total of 95 officials
in the employ of the Commission died, while still in
activity .

2 . Under Article 73 § 1 of the Staff Regulations, an
official is insured against the risk of occupational disease
and of accident, subject to rules drawn up by common
agreement between the institutions of the Communities .
The capital, as foreseen in Article 73 § 2 ( a ) is therefore only
paid out to the official 's heirs, if the death results from an
accident or occupational disease, as defined and covered by
the rules on the insurance of officials of the European
Communities against the risk of accident and of
occupational disease . Of the 95 officials who died during the
period of reference, 22 died of an accident as defined in the
rules, whereas up until now no case of an official having died
of a professional illness has been recognised .

3 . Between 1990 and 1994 the Commission has paid out
the lump sum of five times the annual salary, as foreseen in
Article 73 § 2 ( a ), in 14 accident cases .

4 . The difference between the numbers mentioned under

( 2 ) and under ( 3 ) is that certain risks, for example,
dangerous sporting activities or suicide, are expressly
excluded from cover by the rules .

No C 311 / 42 I EN Official Journal of the European Communities 22 . 11 . 95

In conclusion it should be noted that the compulsory
contribution by officials of 0,1 % of salary is
counterbalanced by a per capita contribution by the
Commission of 0,77 % and there seems no reason to believe

these monies are not used in the best interests of

officials .

WRITTEN QUESTION E-22 18 / 95

by Stephen Hughes ( PSE )

to the Commission

( 28 July 1995 )

( 95 / C 311 / 71 )

Subject : Vertical restraints on trade

Can the Commission confirm that its services are currently
undertaking a factual study on vertical restraints on trade to
cover inter alia the operation of Commission Regulations on
exclusive distribution (( EEC ) No 1983 / 83 ) ('), exclusive
purchasing (( EEC ) No 1984 / 83 ) ( 2 ) and franchising (( EEC )
No 4087 / 88 ) ( 5 ) and which is intended to lead to the
publication of a Green Paper ? Can the Commission inform
Parliament of the timetable for this process ?

Given that Regulation ( EEC ) No 1984 / 83 in particular
provides for the operation of the ' tied house ' system
throughout the EU, will the Commission invite
representatives of the brewing industry to participate in
both the factual study and the consultation period following
the publication of a Green Paper ?

WRITTEN QUESTION E-2223 / 95

by Raymonde Dury ( PSE )

to the Commission

( 28 July 1995 )

( 95 / C 311 / 72 )

Subject : Regulation ( EEC ) No 3254 / 91 on leghold traps

The entry into force of Regulation ( EEC ) No 3254 / 91 (') on
leghold traps has already been postponed from 1 January

1 995 to 1 January 1 996 without consultation of Parliament .
According to various reports in the press, the Commission
has been requested by Canada and the USA to examine new
ways of preventing the Regulation being applied . As the
International Standardization Organization ( ISO ) has not
been able to set humane standards, there is now talk of a
special ' working party ', although there is no provision for
such a body in the Regulation . Can the Commission confirm
that such a - working party exists and say who gave it a
mandate for this fundamental revision of the Regulation ?

(') OJ No L 308, 9 . 11 . 1991, p . 1 .

Answer given by Sir Leon Brittan

on behalf of the Commission

(4 October 1995 )

the publication of a Green Paper ? Regulation ( EEC ) No 3254 / 9 1 requires for the species listed

in its Annex I, that third countries ensure there are
administrative or legislative provisions in force to prohibit
(') OJ No L 173, 30 . 6 . 1983, p . 1 . the use of the leghold trap, or that they use trapping methods

( 2 ) OJ No L 173, 30 . 6 . 1983, p . 5 . which meet internationally agreed humane standards .

( 2 ) OJ No L 173, 30 . 6 . 1983, p . 5 .

( ? ) OJ No L 359, 28 . 12 . 1988, p . 46 .

Answer given by Mr Van Miert

on behalf of the Commission

( 11 September 1995 )

1 . Yes .

2 . The publicat on of the green paper is planned for
spring 1996 .

3 . Yes .

In the absence of results from the International

Standardization Organization process, the Commission
informally started exploratory discussions with Canadian
and United States authorities with a view to examining the
possibility of establishing an independant working group
charged with the development of interim humane trapping
standards that would meet the requirements of the
Regulation . This is by no means intended to prevent the
implementation of the Regulation, nor does it imply a
revision thereof . This group is not a negotiating group .

A mandate from the Council will be requested, if and when
the results of the working group are such as to provide a
basis for formal negotiations .

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 43

WRITTEN QUESTION P-2225 / 95

by Eryl McNally ( PSE )

to the Commission

cost element plays a more modest role than is generally
believed .

( 18 July 1995 ) (') OJ No C 277, 23 . 10 . 1995, p . 37 .

( 95 / C 311 / 73 )

Subject : Release of barley by the Intervention Board

Following the recent announcement that the Intervention
Board has released barley from its stores to Spanish farmers
and processors at £30 below market price, due to drought
conditions in Spain, the farmers in my constituency are very
concerned that this will reduce the spanish farmers '
production costs thus making their products more
competitive than those of UK farmers, as this will reduce the
base costs of meat production from pigs and poultry by
between 12% — 15 % .

WRITTEN QUESTION E-2265 / 95

by Hugh Kerr ( PSE )

to the Commission

( 31 July 1995 )

( 95 / C 311 / 74 )

Subject : Fairness and objectivity in the standards making

As the pig and poultry industry has been going through very
poor trading over the last two years, can the Commission process
examine ways of ensuring a level playing field for UK
farmers and investigate my constituents strong protest ?

Will the Commission please answer in full, without delay,
Question P-722 / 95 ( 1 ), which it completely failed to do in its
deliberately evasive response of 27 March 1995 ?

Answer given by Mr Fischler
on behalf of the Commission

(7 September 1995 )

As previously set out in the answer given by the Commission
to Written Question No 1 937 / 95 by Mr White ( 1 ), Spain has
suffered severe drought conditions during the last three
years . This has resulted in a serious grain supply shortage in
Spain . To alleviate these exceptional circumstances
Community intervention grain, including that stored in the
United Kingdom, is being made available for exclusive
supply to the Spanish market . The sales are being carried out
at a price level which, taking into account the transport costs
between the United Kingdom and Spain, allows the resale of
the grain on the Spanish market at the local price level .
Consequently the supplying of the Spanish market is not
being carried our at more favourable conditions than those
on the United Kingdom market .

Regarding the pig and poultry sectors, it is true that animal
feed is an important cost factor in intensive livestock
production . The Commission would, however, give it a
lower priority than the farmers seem to . In fact, the cost of
animal feed is important when the costing is limited to farm
level only . When the pig and poultry sectors are considered
as a whole, it is more relevant to examine the cost of labour,
housing, the presence of infrastructure and also the
availability of land and skilled managers . Since many grain
deficit areas have considerably increased their production
over the last ten vears, one should bear in mind that the feed

Given the disastrous Cenelec vote on the harmonized plug
and socket issue, the ridiculous comments put forward as
justification for a negative vote by several national
committees, that voting on such issues within CEN / Cenelec
is by QMV, that companies and bodies represented on the
technical committees responsible for formulating the
position of national committees often have significant
cross-border links, will the Commission :

1 . Confirm that it is vital that the composition of such
technical committees should be fair, balanced, open and
transparent, and that they should have a sensible
workload which allows members adequate time to read
and consider the papers and documentation, and to
enable full and proper understanding, discussion and
examination of all the issues ;

2 . State whether it believes that the BSI PEL / 23 committee,
responsible for the UK position on this issue, with its
massive number of members who directly represent, or
are connected to, UK electrical accessory manufacturers,
meets these criteria ;

3 . State if it believes that similar situations may exist in the
relevant technical committees of other National

Standards Bodies within the EU ?

Given the fax ( ref : AG / 1308 / 4917 ) sent out by Cenelec on

12 April 1995, the comments of a Cenelec official reported
in the highly respected Swiss newspaper ' Tages Anzeiger ' on

No C 311 / 44 EN Official Journal of the European Communities 22 . 11 . 95

21 April ; the connections of certain Cenelec Board members
and senior staff with BSI and manufacturers of electrical

accessories ; the actions of the Cenelec Belgian Board
member at the recent meeting of Cecapi ; that most of the
people responsible for the discredited ' Live with the
Differences ' document still hold key positions within
Cenelec ; that after three years of work it has still failed to
find an acceptable solution ; will the Commission state if it
believes that Cenelec can continue to be entrusted with such

important and vital European initiatives, with their massive
global consequences ?

(>) O. ) No C 175, 10 . 7 . 1995, p . 56 .

Answer given by Mr Bangemann

on behalf of the Commission

( 27 September 1995 )

As the Honourable Member is certainly aware, following
the negative vote in Cenelec ( European committee for
electrotechnical standardization ) on the harmonized plug
and socket issue it was decided at the most recent Cenelec
general assembly in June 1995 to create a task force to
consider the issue further . A range of interest parties were
invited to participate in the task force, whose composition
was decided by the most recent meeting of the Cenelec
technical board .

1 . The Commission would refer the Honourable Member

to its answer to Written Question No 1883 / 94 by Sir
Jack Stewart-Clark (*) in which it stated that
standardization is a process by which interested parties
agree on a voluntary basis, in an open and transparent
procedure, on common specifications, which are
adopted after a public enquiry on the basis of consensus .
This is confirmed in the Council resolution of 18 June

1992 on the role of European standardization in the
European economy ( 2 ) which reiterates ' the importance
of a cohesive system of European standards, organized
by and for the parties concerned, based on transparency,
openness, consensus, independence of vested interests,
efficiency and decision-taking on the basis of national
representation s \

2 . and 3 . It is not within the competence of the
Commission to consider the composition of, or
participation in, the national standards committees that
participate in the work of the independent standards
bodies . However, if there were clear evidence that the
criteria set out in the aforementioned Council resolution
were not met, the Commission would examine the
situation in the light of the Treaty and of secondary
Community law .

(') O J No C 24, 30 . 1 . 1995 .

( 2 ) OJ No C 173, 9 . 7 . 1992 .

WRITTEN QUESTION P-2269 / 95

by Vassilis Ephremidis ( GUE / NGL )

to the Commission

( 18 fitly 1 995 )

( 95 / C 311 / 75 )

Subject : Effective programmes for the funding of forrest

protection in Greece

Each year large areas of forest are destroyed by fires,
particularly in the Mediterranean area, because of the
climate . Although the EU has recognized the major
importance of forests in economic, social, environmental
and regional planning terms, this has not been accompanied
by specific measures or an effective policy for the protection
of forests, while the existing regulatory framework falls
short of requirements in this respect .

Greece in particular has only limited areas of forest,
two-thirds of which cannot be economically exploited, and
the amount destroyed by fire is steadily increasing .

What measures will the Commission take to conserve and

protect the forest to increase the area of forested land and
provide funding for that purpose, to set up fire-fighting
facilities, conserve and replenish forest resources and
provide specialist training and further training for forest
rangers in Greece ?

Answer given by Mr Fischler
on behalf of the Commission

( 19 September 1995 )

The forestry action programme adopted in 1989 and
expanded in 1992, in particular as part of the accompanying
measures in the context of the reform of the common

agricultural policy, provides for various schemes of
afforestation, re-afforestation and fire protection :

— The afforestation of agricultural land and the
improvement of on-farm woodland is covered by
Regulation ( EEC ) No 2080 / 92 instituting a Community
aid scheme for forestry measures in agriculture ( 1 ), under
which the Commission in 1994 approved a Greek
programme of forestry measures in agriculture worth a
total of ECU 43,5 million provided by the European
Agricultural Guidance and Guarantee Fund ( EAGGF )

( 1994—1997 ).

— The development and improvement of forests under

regional development programmes . The Community
support framework for Greece includes forestry schemes

( afforestation, nurseries, woodland melioration, fire
protection, channeling of fast mountain streams,
forestry roads, etc .) worth a total of ECU 94,68 million
provided by the EAGGF ( 1994—1999 ).

22 . 11 . 95 1 FN 1 Official Journal of the European Communities No C 311 / 45

— The specific measure for the prevention of forest fires set

out in Regulation ( EEC ) No 2158 / 92 ( 2 ). An amount of
ECU 9 million has been granted to 26 Greek
fire-prevention projects . Some of the projects concern
training courses for specialized personnel .

— The Cohesion Fund : the Commission has approved

three programmes for Greece comprising forestry
schemes ( protection against erosion, re-afforestation
and prevention of forest fires ) worth a total of ECU 6,4
million .

Fund, and, if relevant, the Cohesion Fund . In fact, the
Portuguese authorities have sent the Commission a request
for part-financing of this project by the Cohesion Fund .

The project is currently being examined by the Commission
which, at this stage, has not yet adopted a final position
on it .

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

, . . . WRITTEN QUESTION E-22 82 / 95

( 2 ) O J No L 217, 31 . 7 . 1992 .

by Fernand Herman ( PPE )

WRITTEN QUESTION P-2276 / 95

by Sergio Ribeiro ( GUE / NGL )

to the Commission

( 20 July 1995 )

( 95 / C 311 / 76 )

Subject : The Alqueva dam in the Alentejo region of
Portugal

Following the Commission 's Decisions, as recently made
public, concerning regional funding, with reference to
Interreg ( C.ermany ; Germany-Switzerland-Netherlands )
and Rechar ( UK, north ), doubts and speculations have
arisen concerning the projects not mentioned in the texts
concerned .

These speculations and doubts, and the contradictory
' information ', have been given a high profile in the
Portuguese media, in relation to the project, already under
way, for the Alqueva dam in the Alentejo region . This is
perfectly comprehensible in view of the major importance of
the project, its key role in combating the onslaughts of
desertification, and the fact that it has suffered successive
postponements on various pretexts .

Can the Commission state, as a matter of urgency, whether
there is any truth in the version of the facts currently
circulating to the effect that the preceding Commission 's
position on the matter has now been revised ? Can the
Commission also specify its current official position ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 15 September 1995 )

The Alqueva dam project is contained in the second
Community support framework for Portugal for the period

1994 — 1999, where reference is made to possible
part-financing by the European Regional Development
Fund, the European Agricultural Guidance and Guarantee

to the Commission

( 31 July 199 5 )

95 / C 311 / 77 )

Subject : Competition for recruitment of administrators

In the competitions to recruit senior administrators

( COM / A / 764 ) and administrators ( COM / A / 770 ) the
Commission selection boards called for interview 600

candidates for COM / A / 764 and 300 candidates for

COM / A / 770 .

At the end of the selection procedure the boards drew up a
list of 300 successful candidates for COM / A / 764 and 150

for COM / A / 770 .

Could we be told the breakdown by nationality of the 900
candidates asked to interview and the 450 who were

successful ?

Answer given by Mr Liikanen

on behalf of the Commission

( 28 September 1995 )

In answer to the Honourable Member 's question, it should
first of all be pointed out that a corrigendum was published
in the Official Journal of the European Communities (')
increasing the number to be placed on the list of suitable
candidates for competition COM / A / 770 to 300, the same as
for COM / A / 764, and that the candidates admitted to the
oral test for each competition were the 600 with the highest
marks in the written tests .

With the exception of documents or reports relating to the

budget or the Staff Regulations, which the Commission is
required to publish, it is not customary for the Commission
to give statistics on internal matters, such as the intermediate
stages of a competition, to avoid undermining the principle
of independence of the selection board .

However, the Commission is sending the Honourable
Member an annex giving a breakdown by nationality of the
final results of the two competitions in question, a total of
300 successful candidates in . the case of COM / A / 770

No C 311 / 46 EN Official Journal of the European Communities 22 . 11 . 95

and 301 ( including two ex aequo ) in the case of
COM / A / 764 .

(') OJ No C 335, 10 . 12 . 1993 .

WRITTEN QUESTION P-2288 / 95

by Giulio Fantuzzi ( PSE )

to the Commission

( 20 July 1995 )

( 95 / C 311 / 78 )

The Commission does not have full, reliable information on
accidents which can be attributed to amusement-park and
fairground equipment .

The Commission has provided financial support to a
consumer organization ( International Consumer Research
and Testing Ltd ) in order to conduct a number of surveys on
amusement-park and fairground safety in nine Member
States ( Belgium, Denmark, Spain, France, Ireland, Italy,
Netherlands, Portugal and Finland ).

The results of that survey, which will be finalized in October

1995, should appear in the publication produced by
the consumer organizations belonging to International
Consumer Research and Testing Ltd .

Subject : Certification of equipment used in amusement

parks C ) O J No L 210, 7 . 8 . 1985 .

1 . Can the Commission give details of the Community
provisions guaranteeing the safety of users of machinery and
equipment in amusement parks ?

2 . In the Commission 's reply to Question E-942 / 91 ( 1 ) it
was stared that a proposal for a Directive was in the process
of being drawn up . Has this proposal been completed ?

3 . Are any figures available for accidents which have
occured in the Member States in connection with the use of

equipment in amusement parks ?

(') OJ No C 89, 9 . 4 . 1992, p . 5 .

Answer given by Mr Bangemann

on behalf of the Commission

(8 September 1995 )

No Community requirement deals directly with the safety of
persons using equipment in amusement parks since that
safety is guaranteed by the national provisions in force in the
Member States .

Since there are not Community requirements concerning
amusement-park safety, the manufacturers of that type of
product may become liable under Directive 85 / 374 / EF.C (')
on liability for defective products .

In its answer to Written Question No 942 / 91 by Mr Collins
the Commission had stated that a proposal for a Council
Directive was being prepared in order to deal with the free
movement of equipment for fairgrounds and amusement
parks . That proposal, which was based on Article 100a of
the Treaty, woulc have ensured a high level of safety .

The European Council held in Edinburgh in December 1992 .
decided that this point should be covered by the subsidiarity
principle and that it was inappropriate to cover this matter
at Community level . The work in progress was thus
halted .

WRITTEN QUESTION E-2292 / 95

by Karla Peijs ( PPE )

to the Commission

( 31 July 1995 )

( 95 / C 311 / 79 )

Subject : Pharmaceuticals : Netherlands pricing proposal

The Ministry of National Health and Welfare of the
Netherlands is preparing a price law regulating maximum
prices for prescription pharmaceuticals . This law is based on
a hypothetical European price per product . The price is to be
based on a basket of national averages per product forms
which are then averaged again to arrive at the arithmetic
European price . In the current proposal, the basket is made
up of the following countries : Belgium, Denmark, the
United Kingdom and France, each of which has very
different healthcare systems ( cultural bias, consumption
habits etc .).

The current Netherlands approach is expected to lead to
price cuts of an average of 20 per cent . If implemented, the
proposed cuts will dramatically affect the profitability of
companies operating in the Netherlands, leading to a loss of
employment and scaling down of substantial investment in
research and development .

National healthcare systems are often compared or
imitiated . If the Netherlands proposal as it currently stands
enters into force, the danger is that it will be taken over by
other countries ( at least in part ). Should this mechanism be
widely applied in Europe the innovative research-based
pharmaceutical industry will be deprived of substantial
revenues which are essential to maintain the outstanding

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 47

competitiveness of Europe in terms of pharmaceutical
research .

What does the Commission intend to do to secure the

long-term viability of innovative pharmaceutical research in
Europe, so as to maintain the substantial number of
positions for highly qualified people in Europe and therefore
to prevent a ' brain drain '?

Answer given by Mr Bangemann

on behalf of the Commission

( IS September 199 S )

In its communication to the Council and Parliament on the

outlines of an industrial policy for the pharmaceutical sector
in the European Community ('), the Commission explains
what action is needed to ensure the long-term
competitiveness of the European pharmaceutical industry
and to enable it to maintain its ability to create highly-skilled
jobs which will guarantee its innovative capacity .

The Table in Annex VIII to the communication shows that
the average prices of medicinal products is much higher in
the Netherlands than in the other Member States . It is

therefore speculative to predict that changes in the prices
charged in the Netherlands will inevitably lead to job losses
and cuts in research and development .

The Dutch authorities have informed the Commission of

their proposed measures which must, at the appropriate
time, be notified to the Commission in accordance with
Council Directive 89 / 105 / ETC ( 2 ).

(') COM(93 ) 718 final .

( 2 ) OJ No L 40, 11.2 . 1989 .

WRITTEN QUESTION E-2294 / 95

by Nicole Fontaine ( PPE )

to the Commission

( 31 July 199 S )

{9 SIC 311 / 80 )

Subject : Deferral of taxation on capital gains for taxpayers

under the system for profits from non-commercial
occupations

1 . Does Directive 90 / 434 / EEC (') of 23 July 1990 on the
common system of taxation applicable to mergers,

divisions, transfers of assets and exchanges of shares
concerning companies of different Member States envisage a
principle of strict, generally-applicable tax neutrality for all
shareholders in companies involved in this kind of
restructuring, including companies in the same Member
State ?

2 . Consequently, should each Member State 's internal
legislation respect the above principle and provide a system
for deferring or waiving tax for taxpayers under the tax
system for profits from non-commercial occupations ?

3 . If so, should the French authorities adjust their
legislation concerning this category of taxpayer by adding a
paragraph Ha to Article 93 ( c ) of the French general tax
code, to the effect that taxation of the capital gains resulting
from the transfer or exchange of shares, if they are required
for the exercise of a trade or profession or simply useful for
the purposes of entry in the Register of Professional Assets,
be deferred until the shares received in exchange are sold or
transferred again ?

(') OJ No I. 225, 20 . 8 . 1990, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

(8 September 199S )

1 . Directive 90 / 443 / EEC of 23 July 1 990 on the common
system of taxation applicable to mergers, divisions, transfers
of assets and exchanges of shares concerning companies of
different Member States stipulates in Article 8 that the
allotment of securities of the receiving or acquiring company
to shareholders of the transferring or acquired company
must not give rise to any taxation in the hands of those
shareholders . The Directive is applicable where at least two
companies of different Member States are involved in the
restructuring operation .

2 . Each Member State 's legislation must comply with
this principle also in the case of taxpayers covered by the tax
scheme for profits from non-commercial occupations where
they are shareholders of companies involved in a
restructuring operation falling within the scope of the
Directive .

3 . French legislation must comply with the principles laid
down in the Directive only where the parties involved satisfy
the conditions of the Directive . In particular, in accordance
with Article 3, the company whose securities are actively
transferred or exchanged must take one of the forms listed in
the Annex to the Directive and must be subject to
corporation tax .

No C 311 / 48 EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION P-2298 / 95 WRITTEN QUESTION E-23 16 / 95

by Hugh McMahon ( PSE )

to the Commission

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

( 25 July 1995 )

95 / C 311 / 81 (1 September 1995 )

( 95 / C 311 / 81 )

Subject : Problems in the administration of the European

Social Fund in the UK

Can the Commission inform Parliament what action it

proposes to take to resolve the dispute between the
Commission and the UK Government over problems in
paying the ESF for the years 1993 and 1994 ?

Can the Commission explain how this situation has come
about and what advice it would give to voluntary
organizations who are experiencing cash flow problems and
long term unemployed who are being denied the
opportunity for training as a result of this dispute ?

WRITTEN QUESTION E-2348 / 95

by Bill Miller ( PSE )

to the Commission

(1 September 1995 )

( 95 / C 31 1 / 82 )

Subject : ESF payments to voluntary organizations

What efforts have been made by the Commission to speed
up the payment of ESF funding to voluntary organizations,
and what further initiatives are planned to reduce the
unacceptable delays experienced by small voluntary
organizations in receiving funding which is critical to these
organizations which operate with very limited financing ?

Joint answer to Written Questions

P-2298 / 95 and E-2348 / 95

given by Mr Flynn
on behalf of the Commission

(9 October 1995 )

( 95 / C 31 1 / 83 )

Subject : Access to the Socrates programme

What steps does the Commission intend to take, together
with the Member States, to provide more information to
possible beneficiaries on how they can gain access to funding
under the various sections of the Socrates programme ?

WRITTEN QUESTION E-2405 / 95

by Antonio Graziani ( PPE ), Giampaolo D'Andrea ( PPE ),

Pierluigi Castagnetti ( PPE ) and

Maria Colombo Svevo ( PPE )

to the Commission

(1 September 1995 )

( 95 / C 311 / 84 )

Subject : The Socrates and Youth for Europe

programmes

On 14 March 1995 the European Parliament and the
Council adopted Decision 8 1 9 / 95 / EC ( 1 ) establishing the
Community action programme Socrates . On the same date
the two institutions also adopted the third phase of the
programme Youth for Europe hv Decision 818 / 95 / EC ( 2 ).

In view of the considerable delay in the implementation of
these programmes, can the Commission say :

1 . What publicity measures have been taken ?

2 . Whether it has taken all the measures necessary to
ensure that the disadvantaged categories, in accordance
with Parliament 's wishes and Article 4 of the

abovementioned Decision, have full access to the
measures provided for in the Youth for Europe
programme ?

(') OJ No L 87, 20 . 4 . 1995, p . 10 .

( : ) OJ No L 87, 20 . 4 . 1995, p . 1 .

Joint answer to Written Questions

E-23 16 / 95 and E-2405 / 95

The Honourable Members are referred to the reply given given by Mrs Cresson
during Question Time at the Plenary Session of the on behalf of the Commission
Parliament on 20 September 1995 to Oral Question Nos (5 October 1995 )
H-566 . 584, 605 and 634 to 637 / 95 .

Measures to inform potential applicants and others about
the Socrates and Youth for Europe programmes, and in

22 . 11 . 95 I EN 1 Official Journal of the European Communities No C 3 1 1 / 49

particular the grants available, consist of documentation,
information meet ings and campaigns, and electronic means
of providing information, including :

( a ) Socrates

— An announcement in the Official Journal ( )
concerning grants available within the

programme .

— A vademecum describing the programme, together

with guidelines for applicants and applications
forms, is available in all working languages from the
beginning of the academic year 1995 / 96 .

— A set of information brochures is being produced

for wider circulation, one relating to the Socrates
programme in general, and one to each of the six
main action areas of the programme .

— Specific documentation is also being provided on

particular parts of the programme, such as a manual
of good practice on the introduction of institutional
contracts by higher education institutions, a user 's
guide to the European credit transfer system, and a
compendium of the joint educational programmes
developed within Lingua .

— The Commission has encouraged Member States to

organise national and regional information
campaigns suited to the needs of the educational
community in each Member State . These will
include information measures related to specific
actions within the Community programme where a
particular information need has been identified .
The Commission is providing financial support for
these campaigns, on the basis of the provisions of
Chapter III, Action 3.5.B of the annex to the
Decision establishing the programme .

— The Commission is also in the process of making

available information on Socrates by electronic
means . At first this is likely to include the use of
facilities provided by the Europa server linked to the
Internet . In the longer term, a fully integrated
system for information exchange is being developed
to link the Commission, the national agencies and
the education community in all Member States .

& Youth bureau and at the Youth Forum in

Brussels . The vademecum has been prepared in
close cooperation with the national agencies which
are developing their own accompanying
information material .

— An information brochure will be produced for

wider information .

— A meeting of national youth agencies and youth

councils was organized in Finland in April 1995 to
discuss the implementation of the programme .

— Urgent information of youth organizations
networks through the Youth forum of European
youth organization ( Community platform ) and two
other European youth platforms : the European
coordination bureau for international youth
organizations ( ECB ) and the Council of European
national youth committees ( CFNYC ) ( Council of
Europe platforms ).

— Continuous information and information activities

of Member States ' Youth for Europe national
agencies ( including Iceland, Liechtenstein and
Norway ) ensured continuity at national and
regional levels and with national networks of youth
organizations .

— Member States have organised national launching

meetings or media events, with the help of the
national agencies .

— User friendly electronic information on the
programme and grants is already available on the
basis of the up-to-date and easily adaptable
Eurodesk network . It is the intention of the

Commission to extend this system to all the
Member States and link it with other youth
information networks on a local level and general
networks on European matters . A link is also being
established with the Europa server in order to
develop a more specific information service for
voung people .

Special attention has been given to the effective transmission
to disadvantaged young people of information about the
Youth for Europe programme, since they are a priority
target group under the programme .

( b ) Youth for Europe
The Commission is open to all suggestions the Parliament

— Announcement in the Official Journal (')
concerning the implementation of the programme,
in particular on all grants available under the

programme .

may make to help inform young people, especially
disadvantaged young people who often feel excluded from
European initiatives .

(') OJ No C 200, 4 . 8 . 1995 .
— A vademecum describing the programme, together (-) OJ No C 149, 16 . 6 . 1995 .
with guidelines for the applicants and application
forms is available in all the working languages of the
Community in every national agency ( including
Iceland, Lichtenstein and Norway ), at the Socrates

No C. 3 11 / 50 EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION E-2323 / 95 WRITTEN QUESTION

by Nana Mouskouri ( PPE ) by Anita Pollack ( PSE )

WRITTEN QUESTION E-2332 / 95

by Nana Mouskouri ( PPE )

to the Commission to the Commission

(1 September 1995 ) (1 September 1995 )

( 95 / C31 1 / 85 ) ( 95 / C 311 / 86 )

Subject : Home workers
Subject : VAT on records

In view of the problems associated with women home
Records are the only cultural medium in Europe not to enjoy workers and low pay, has the Commission taken any action
a reduced rate of VAT . The rate applicable to records is or does it have any plans to
20 %, while books and films are subject to an average rate of
5% and in some countries 0% . 1 . develop and apply methods to collect statistical and

analytical material on home workers ;

How does the Commission justify this differential and does
it plan to rectify the situation ?

2 . increase provisions for home workers in training,
childcare and job opportunities programmes aimed at
ensuring equal opportunities for women ;

3 . examine legislative measures to identify inequitable
treatment of home workers with a view to developing
Answer given by Mr Monti minimum protection ?
on behalf of the Commission

( 21 September 1995 )

Answer given by Mr Flynn
on behalf of the Commission

The Commission shares the view that audio-visual media

records CD-ROMs audio and video cassettes etc are (3 October 1995 )

( records, CD-ROMs, audio and video cassettes, etc .) are
important vehicles for disseminating culture, on a par with
books, films and live performances .

The difference between the VAT treatment of books and

entrance tickets for films, concerts, etc ., which qualify for a
reduced rate, and that of audio-visual media does not stem
from a failure to recognize their cultural dimension but is the
reflection in Community legislation of a fundamental aspect
of Member States ' tax policies . VAT, as a general
consumption tax, is levied on a very broad base and special
rules providing for exemptions or reduced rates are kept to
the minimum .

Any extension of these special rules would be liable to
reduce the tax yield and multiply the practical difficulties
involved in distinguishing between categories of goods or
services subject to differing tax arrangements . That is why
those Member States which apply reduced rates under their
national rules not agreed to extend the special treatment
already granted i:i this area .

Nevertheless, the Community rules on VAT rates ( including
reduced rates ) will be examined in detail by the Commission
when it draws up the guidelines for the definitive system .
The arguments put forward by the Honourable Member
will be taken into account .

The Commission is well aware of the problems of
homeworkers, the vast majority of whom are women . It has
already taken certain steps in this field, including a report on
homeworking ( published as Supplement 2 / 95 of the ' Social
Europe ' magazine ) and organization of a European seminar
in March 1994 . Homeworking is identified as one of the
areas for social action in the White Paper on Social
Policy .

Turning more specifically to the questions raised by the
Honourable Member :

— Eurostat 's annual labour force survey began to include

questions related to homeworking in 1992 . The first
results are now available and have been analysed in the

1994 Report on employment in Europe .

— In its fourth Equal Opportunities Action Programme,

the Commission has undertaken to initiate and promote
studies, exchange of information, economic and social
research and employment initiatives concentrating
specifically on the informal sector and non-standard
forms of work, including homeworking .

Homeworkers are also eligible to benefit from the
European Social Fund 's vocational training and job
creation programmes . Care of dependants, including
children, is classed as eligible expenditure for all
participants in activities co-financed by the Fund .

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 51

Women working at home also have access to the
women-only programmes, such as the NOW project
within the Community employment initiative .

— In its medium-term social action programme

( 1995 — 1997, point 4.1.4 ) the Commission undertook
to adopt a recommendation on homeworking with a
view to encouraging Member States and the social
partners to develop and implement measures to improve
the working conditions of homeworkers, covering such
matters as working time and health and safety issues

( 4.1.4 ). Equal treatment for homeworkers is one of the
Commission 's objectives under this initiative .

WRITTEN QUESTION E-2360 / 95

by Peter Crampton ( PSE )

to the Commission

(1 September 1995 )

( 95 / C 311 / 87 )

Subject to these provisions, United Kingdom citizens are
able to vote in European Parliament elections and municipal
elections in their Member State of residence under the same

conditions as nationals of that Member State . For the 1994

European Parliament elections several thousand Britons
opted to vote in their Member State of residence .

As the application of Article 8b does not presuppose
complete harmonization of Member States ' electoral
systems, the requirements that each Member State imposes
on its citizens in order to allow them to vote in its own
territory are a matter of national competence .

(') OJ No L 329, 30 . 12 . 1993 .

( 2 ) OJ No L 368, 31 . 12 . 1994 .

WRITTEN QUESTION E-2367 / 95

by Brigitte Langenhagen ( PPE )

to the Commission

(1 September 1995 )

Subject : Maastricht Treaty — voting rights ( 95 / C 311 / 88 )

The Maastricht Treaty provides for the right to stand and
vote at European and local elections, provided that the
citizen enjoys electoral rights in his / her own country .

United Kingdom law withdraws the right to vote from
citizens of the UK who have been resident outside the UK for

more than 20 years and thus do not enjoy voting rights in
their country of origin .

What steps can the Commission take to ensure that
disenfranchized Britons who are long-term residents of
other EU countries are enabled to participate in European
and local elections in their country of residence ?

Answer given by Mr Monti
on behalf of the Commission

( 14 September 1995 )

Article 8b of the EC Treaty provides for every citizen of the
Union residing in a Member State of which he is not a
national the right to vote and to stand as a candidate at
municipal elections and at elections for the European
Parliament in the Member State in which he resides . The

exercise of these rights was however subject to the detailed
arrangements to be adopted by the Council .

In fulfilment of this obligation the Council adopted on
6 December 1993 Directive 93 / 109 / EC (') laying down
detailed arrangements for the exercise of the right to vote
and to stand as a candidate in elections to the European
Parliament, and on 9 December 1994 Directive 94 / 80 / EC ( 2 )
laying down the detailed arrangements for the exercise of
the right to vote and to stand as a candidate in municipal
elections .

Subject : Ship Safety Regulation / 25 nautical miles

On 1 June 1984 paragraph 52 ( 1 ) of the Ship Safety
Regulation entered into force in Germany .

This paragraph states that passenger ships and recreational
angling vessels which do not comply with the provisions of
Chapter II - 1 of the Annex to Agreement 1974 / 88 and
relevant paragraph of the above Regulation are not
authorized to sail beyond 10 nautical miles from the
coastline at mean high water .

As a result of this restriction, commercial vessels are no
longer able to operate on an economically sound basis .

No comparable restrictions exist in other Member States,
whose vessels are authorized to travel at a distance of 25
nautical miles from the coast in the North Sea, resulting in
distortions of competition .

1 . Is the Ship Safety Regulation and, in particular,
paragraph 52 thereof, compatible with European Union
law ?

2 . What steps will the Commission take in response to the

resulting distortions of competition ?

Answer given by Mr Kinnock

on behalf of the Commission

( 27 September 1995 )

The application of an operational range of 10 nautical miles
from the coast for the vessels in question does not conflict
with Community law .

No C 311 / 52 | EN 1 Official Journal of the European Communities 22 . 11 . 95

As there is no Community legislation on this matter,
Member States may impose operational limitation on these
particular categories of ship which are operating in specific
areas within their territory .

The Commission considers that the German regulation does
not create a distortion of competition .

WRITTEN QUESTION E-2387 / 95

by Roberta Angelilli ( NI )

to the Commission

(1 September 1995 )

( 95 / C 31 1 / 89 )

Subject : Financial irregularities

It seems that between 9 and 13 January 1995 an inspection
was carried out oy the Directorate-General for Financial
Control ( DG XX ) at the offices of Filas ( the financial
authority of the Region of Lazio ) and that irregularities were
discovered in connection with the financing procedures for
Objective 2, with reference to the accounts presented in
October 1994 .

Can the Commission say whether it is possible to know the
outcome of the inspection and the contents of DG XX 's
report ?

Answer given by Mrs Gradin
on behalf of the Commission

( 25 September 1995 )

On-the-spot checks by the Commission in respect of the
Structural Funds are carried out in accordance with

Article 23 of Council Regulation ( EEC ) No 4253 / 88 as
amended by Council Regulation ( EEC ) No 2082 / 93 .

The results of such checks are the subject of a confidential
Commission report, a copy of which is sent to the Court of
Auditors . The findings of the checks are followed up by
the Commission with the implementing body in the
Member State tc regularise any errors, discrepancies or
irregularities .

WRITTEN QUESTION E-2390 / 95

by Leen van der Waal ( EDN )

to the Commission

(1 September 1995 )

( 95 / C 31 1 / 90 )

Subject : Policy on asylum in Cyprus

From time to time I receive complaints about the Cypriot
authorities ' treatment of asylum applications :

1 . The most recent case concerns Elias Salami, an Iranian
who converted to the Christian faith while studying at
the Intercollege in Larnaca, Cyprus . As he did not have a
work permit, he was arrested on 16 June 1995 and
detained at the Larnaca police headquarters . He was
told to leave Cyprus . In fear of his life as a lapsed
Muslim, he chose not to return to Iran but to travel to
Turkey via Athens . However, the ' immigration police '
forced him to go on to Iran on 2 1 June 1995 . Nothing
has been heard of him since .

2 . Several Christians who fled Iraq and Iran during the
Gulf war with the aim of reaching Canada via Cyprus
have been obstructed by UNHCR officials .

Can the Commission confirm these reports and determine
whether such conduct complies with the Cypriot
Government 's policy ? What action does the Commission
intend taking to change this situation in view of Cyprus 's
possible accession to the European Union ?

Answer given by Mr Van den Broek

on behalf of the Commission

(5 October 1995 )

The Commission was not aware of the specific case raised by
the Honourable Member but further to his question the
Commission has contacted the Cyprus authorities on the
case of Mr Salami . The Commission has not yet received the
necessary information from them .

The Commission has also contacted the Cypriot authorities
concerning their asylum policy and they have underlined
their full compliance with legal instruments setting out
internationally accepted human rights standards including
the protection of refugees . The Cypriot Government recalls
that it is an Contracting Party to the 1951 Convention
relating to the status of refugees and its Protocol of 1967 .
The Cypriot Government has ensured the full application in
its national legislation of the Convention protocols in
conformity with Article 169 of the Constitution of the

Republic of Cyprus .

The last decision of the Community-Cyprus Association
council to start a ' structured dialogue ' led to the
establishment of a specific framework to discuss matters of
common interest regarding inter alia home and internal

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 53

affairs such as asylum policy . It is the Commission 's
intention to follow this matter closely .

WRITTEN QUESTION E-2428 / 95

by Nikitas Kaklamanis ( UPE )

to the Commission

(1 September 1995 )

WRITTEN QUESTION E-2434 / 95

by Maartje van Putten ( PSE )

to the Commission

(1 September 1995 )

( 95 / C 311 / 92 )

Subject : Detained minors in Honduras

1 . Is the Commission aware of reports

( 95 / C 311 / 91 ) — that in Honduras, dozens of minors are being detained

together with adults in the same cell ?

Subject : Fines on Greek haulage contractors

The Rotterdam customs in the Netherlands have levied

exorbitant fines, duties and taxes on Greek haulage
contractors delivering cigarettes from well-known
Rotterdam companies to other countries, with TIR dispatch
notes, on the grounds that the stamps of the customs of
destination on the TIR forms are forgeries and that,
therefore, the cigarettes were not being taken out of the
Netherlands but being disposed of inside the country .

Since the Rotterdam customs know from the record sheets
the identity of the Dutch traders, vendors and exporters,
why do they not ascertain from the Dutch dispatchers the
identity of the cosignee and the place of unloading and
attempt to find out from them who is responsible for the
alleged smuggling instead of covering up offences
committed by the responsible customs officials and
imposing penalties solely on the Greek haulage contractor
who bears no responsibility and is transporting the goods in
good faith ?

Is the Commission aware of this problem and how does it
intend to resolve the matter ?

Answer given by Mr Monti
on behalf of the Commission

(3 October 1995 )

The Commission had not been informed of the facts

reported by the Honourable Member .

It would point out, however, that as a rule carriers are
required to present goods moving under cover of a TIR
carnet to the customs office of destination . Failure to do so
entails liability for payment of duties and other charges
owing . In any event, falsifying the stamp on a TIR carnet to
obtain discharge of the operation is a serious offence .

The Commission has contacted the customs authorities in

the Netherlands so that the situation can be clarified .

— that these children have not been tried and that they are

being held on suspicion alone ?

— that these children have complained of being raped by

the adult prisoners ?

2 . Is the Commission also aware that this situation is

contrary to the provisions of Article 37 of the UN
Convention on the Rights of the Child ( 1990 ) of which the
Honduran Covernment is also a co-signatory, and also in
breach of Article 122 of the Honduran Constitution which

lays down that persons under the age of 1 8 may not be held
in prison ?

3 . Given that it provides aid to Honduras, is the
Commission prepared to ask the Honduran authorities for
clarification on this matter and to notify Parliament of the
results of its enquiries ?

Answer given by Mr Marin
on behalf of the Commission

( 29 September 1995 )

Having been informed by Parliament that minors were being
detained in the same cells as adults in Honduras, the
Commission contacted the Honduran authorities to find out

if this was indeed the case and to express its concern at the

situation .

The Honduran authorities told the Commission that the
country 's Supreme Court had been compelled to have young
offenders held in adult prisons as an exceptional measure as
there was nowhere else to detain them .

Faced with these problems, the Flonduran authorities
sought the Commission 's support to help them improve
conditions for these young offenders . The Commission is
currently looking into what can be done to improve the
situation .

Meanwhile, this unfortunate, exceptional state of affairs has
come to an end and the young detainees have been
transferred to a newly-opened young offenders ' institution .
This was confirmed by Casa Alianza in an open letter to the
Honduran population on 7 July this year .

No C 311 / 54 EN Official Journal of the European Communities 22 . 11 . 95

More generally, the Commission is already backing a
project : in support of street children, one of the objectives
of which is to promote the rights of the child and to
denounce violations . It is being implemented by three
non-governmental organizations, Casa Alianza, Compartir
and Coipriden, all of which have wide experience in dealing
with the problems of minors .

As happens with other projects, the Delegation in Central
America and the Commission in Brussels are keeping a close
eye on the project 's progress .

WRITTEN QUESTION E-2443 / 95

by Peter Crampton ( PSE )

to the Commission

WRITTEN QUESTION E-2435 / 95 (1 September 1995 )

by Maartie van Putten ( PSE ) ( 95 / C 311 / 94 )
to the Commission

(1 September 1995 )

( 95 / C 311 / 93 ) Subject : Advisory panels used by the Commission

Subject : Funding of workshops in a centre run by the Junta

Nacional de Bienestar Social

1 . Is it true that the Supreme Court of Honduras received
ECU 200 000 from the European Union in June 1993 for
workshops at a children 's centre run by the ' Junta Nacional
de Bienestar Social '?

2 . Can the Commission indicate precisely what this
money has been spent on ?

3 . C an the Commission confirm the reports which claim
that part of the money has been spent, though what on is not
clear, and that the remainder is still in a bank account ?

4 . Is the Commission prepared to review, together with
the competent Honduran authorities, the way in which the
money is to be spent so that it can be used to improve the
situation of detained minors in Honduras ?

Answer given by Mr Marin
on behalf of the Commission

( 26 September 1995 )

Aware as it is of the need to support programmes for
children in Honduras, the Commission approved a project
to help them in 1993 .

However, in the wake of the changes that have taken place in
the country and a request from the Honduran authorities for
special aid to help delinquent children, the Commission has
had to review that project in order better to tailor it to the
country 's new priorities .

Against this background, a team of specialists has gone out
to Honduras to discuss with the authorities how to gear the
project more towards the needs of young delinquents in
order to improve the conditions under which they are
detained .

Can the Commission please list all the current advisory
panels, expert committees and other similar bodies which
report to EU institutions ?

If possible, can the Commission list these panels / committees
in relation to each of the Directorates-General and / or

Commissioners thev report to ?

Answer given by Mr Santer
on behalf of the Commission

( 18 September 1995 )

The Commission would refer the Honourable Member to

the list of committees in the Annex to Part I of Section III of
the general budget of the European Union for 1995 ('). At
present the Commission has no list giving more details
about the committees in question .

(') ()| No L 369, 31 . 12 . 1994 .

WRITTEN QUESTION E-2459 / 95

by Carole Tongue ( PSE )

to the Commission

(1 September 1995 )

(9 SIC 311 / 95 )

Subject : Spanish taxation on non-resident property

owners

UK residents, who own a property in Spain, have been asked
this year to pay in addition to a Wealth tax on the value of
the property ( which they have paid for several years ) a new
form of income tax, which appears to be based on a notional

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 55

rental income, which they do not in fact enjoy . Is the WRITTEN QUESTION E-2474 / 95
Commission aware of this form of double taxation and in
by Edward Kellett-Bowman ( PPE )
the Commission 's opinion is this appropriate in these
circumstances ? to the Commission

(1 September 1 995 )

( 95 / C 311 / 96 )

Answer given by Mr Monti
on behalf of the Commission

Subject : EC ] package travel Directive

( 13 September 1995 ) What action is the Commission taking against the
governments of Greece, Spain and Italy for their
non-implementation of the EC package travel Directive, and
when does it expect these governments to implement the
The Commission is aware of the existence of the Spanish tax Directive in full ?
regime in question, which has already been in force for many
years but which has been applied more stringently by the
Spanish authorities since 1992 .

Answer given by Mrs Bonino

on behalf of the Commission

Tax legislation in Spain stipulates that taxable income in the
case of property occupied by the owner himself is put at 2 %
of its adjusted rateable value . This rule applies in identical
fashion to persons resident in Spain and to non-residents
alike .

The tax is levied at a flat rate of 25 % in the case of

non-residents . For residents, the rate of taxation is the
marginal rate of personal income tax applied to total taxable
income .

Such differential tax treatment is attributable to the tax

concept internationally recognized and applied by most
Member States whereby resident taxpayers are taxed on
their world income while non-residents are taxed only on
the income generated in the country . The rates of personal
income tax in Spain range from 1 8 % to 56 %, depending on
the level of income . The flat rate of 25 % applied to
non-residents does not, therefore, seem excessive .

With regard to the Honoura ble Member 's argument that the
income accruing to the taxpayer is notional, the
Commission would point out that income tax is a matter for
Member States . As a result, they are free to determine the
detailed rules . A further point to be made in this connection
is that other Member States ( e.g. Belgium, Italy and the
Netherlands ) also take the view that occupation of property
by the owner himself gives rise to taxable income .

On the matter of whether the tax regime in question could
constitute an infringement, the Commission considers that
this is not the case under Community law as it stands .
Moreover, double taxation of such income should not take
place since, under the tax conventions in force between
Member States, income accruing from property is always
taxable solely in the Member State where the property is
located .

(2 October 1995 )

After expiry of the deadline for transposing Directive
90 / 314 / EEC, the Commission has initiated an infringement
procedure as provided for in Article 169 of the EC Treaty
against the Member States that have failed to give
notification of their transposition measures ( Greece, Spain,
Ireland, Italy ).

Spain and Italy have in the meantime informed the
Commission of the transposition measures they have taken .
The Commission is currently looking at these .

Greece and Ireland have still not given any notification of
implementation measures . The infringement procedure is at
the stage of a reasoned opinion being delivered .

WRITTEN QUESTION P-2487 / 95

by Bernd Lange ( PSE )

to the Commission

(6 September 1995 )

( 95 / C 311 / 97 )

Subject : Budget heading B3-4110 in the Budget of the

European Community

In the budget, the term ' migrant ' comprises all persons who
have left the territory of a State whose nationality they
possess in order to settle temporarily or permanently in the
territory of a Member State of the European Community

( this excludes tourists, students, etc .); persons of foreign
origin belonging to population groups sometimes referred
to as ' ethnic minorities '; persons who have entered a country
as immigrants and subsequently acquired the nationality of

No C 311 / 56 | F.N | Official Journal of the European Communities 22 . 11 . 95

the Member State where they live and their children,
who are sometimes referred to as ' second-generation
immigrants ', and persons described as ' refugees ' and ' Roma '
and ' Sinti '.

Does this definition of ' migrant ' include ethnic Germans
whom the German Government has permitted to settle in
the Federal Republic of Germany ? If not, why not ?

Answer given by Mr Flynn
on behalf of the Commission

Could the Commission further clarify whether the British
Government is aware of the alleged breaches of the
embargo, and failing in its international duty to enforce

it .

Would the Commission agree that any breach of the arms
embargo against Nigeria would seriously damage the EU 's
Common Defence and Security Policy and require
immediate action against any offending Member State ?

Answer given by Mr Pinheiro
(3 October 1995 ) on behalf of the Commission

( 29 September 1995 )
The Commission has, until recently, applied the principle
that measures to assist ethnic German migrants returning to
Germany (' Aussiedler ' und ' Spataussiedler ') could not be The Commission is aware, through the
given financial support under budget heading B3-4110 . Kingdom parliamentary human rights
With the introduction of the Community 's Horizon that a certain number of arms licences
initiative in 1990 ( ! ), aimed at promoting the the United Kingdom authorities for
socio-economic integration of such groups ( the ' Ponti ' in
Greece as well as the ' Aussiedler ' and ' Spataussiedler ' in As the Honourable Member rightly
Germany ), there was a need to avoid duplication . Union issued an Aide Memoire on 2

The Commission is aware, through the report of the United

Kingdom parliamentary human rights groups in June 1 995,
that a certain number of arms licences have been issued by
the United Kingdom authorities for sales to Nigeria .

However, two factors have induced the Commission to
review the situation . Firstly, the target groups and eligibility
criteria for the Horizon element of the Community 's new

Employment initiative ( 2 ) have changed . Secondly, the
Commission has . for some months now, been receiving a
growing number of requests for financial support in respect
of projects intended to assist such groups, including the
' Aussiedler ' and ' Spataussiedler '. Consequently, the
Commission is from now on prepared to take into
consideration projects aimed at this group, subject to the
funds available .

(') O J No C 327, 29 . 12 . 1990, p . 9 .
(-) OJ No C : 180, 1 . 7 . 1994, p . 36 .

WRITTEN QUESTION P-2497 / 95

As the Honourable Member rightly indicates, the European
Union issued an Aide Memoire on 2 December 1993 setting
out a number of restrictive measures that should apply to
Nigeria, including ' imposition of a case by case review, with
a presumption of denial, for all new export licences for
defence equipment '. These measures are however not
binding on Member States .

The Commission has no competence in this area and is
therefore unable to undertake an investigation of alleged
arms sales .

However, the Commission is concerned that the existing
measures may not be applied with sufficient rigour and
therefore has recently proposed that the December 1 993
measures be incorporated into a legally binding common
position on Nigeria .

by Peter Truscott ( PSE ) WRITTEN QUESTION E-2501 / 95

to the Commission by Amedeo Amadeo ( Nl )

(7 September 1995 )

( 95 / C 31 1 / 98 )

to the Commission

( 15 September 1995 )

( 95 / C 31 1 / 99 )
Subject : British arms sales to Nigeria

Could the Commission investigate as a matter of urgency Subject : Environment
alleged sales of arms by British firms to the military regime in
Nigeria, in breach of the European Union 's embargo All of the Union
imposed in December 1993 . protect the environment

Reports indicate that a range of weapons, including
howitzers, mortars, tanks, missiles and riot control
equipment, have been supplied by British companies,
contravening the embargo agreed by the Member States of
the European Un on . Approximately 30 orders for defence
equipment are said to be involved .

All of the Union Member States are making great efforts to
protect the environment . The Italian State Audit Court has
published a report on the activities of the Ministry for the
Environment in the past year . It is worrying to note that
unused appropriations have increased even though the
Ministry 's resources have been cut back ( from Lit 867
billion in 1991 to Lit 441 billion in 1994 ). At the end of

1994, a total of Lit 3 636 billion had not been disbursed,
48,5 % of which ( Lit 1 764 billion ) being accounted for by

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 57

budget surpluses, which rose by 5,2 % compared with the
previous year .

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

WRITTEN QUESTION E-2506 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 15 September 1995 )

( 95 / C 311 / 101 )

Subject : Tuberculosis

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 25 October 1995 )

The Commission has no jurisdiction to deal with the
question asked, which is a matter solely for the national
authorities concerned .

The Italian and international pess and . above all, specialized
medical journals have recently begun to devote renewed
keen attention to tuberculosis, which in some cases has once
again become an endemic disease .

. In view of the seriousness of the problem, the Commission

should consider whether it might be in a position to study
the epidemiological data . Proceeding on that basis, will it
determine whether the incidence of tuberculosis has indeed

increased in the Member States and organize coordinated,
harmonized Union-wide monitoring and prevention
WRITTEN QUESTION E-2505 / 95 measures to be implemented in all the Member States ?

by Amedeo Amadeo ( NI )

to the Commission

( 15 September 1995 )

( 95 / C 311 / 100 ) Answer given by Mr Flynn
on behalf of the Commission

(2 October 1995 )
Subject : Drug addiction ( ecstasy )

The use of ecstasy by the very young, for instance in
Italian discotheques, is a growing and very worrying
phenomenon .

Will the European Monitoring Centre for Drugs and
Drug Addiction supply information on the origin and
composition of this new drug, ascertain whether it is true
that the substance is freely on sale in discotheques and
fitness centres, and determine whether it would be possible
to publish statistics on the scale of the phenomenon ?

In addition, once the above information has been obtained,
will the Commission take steps to prevent unlawful sale of
the drug and break up the traffic ?

Answer given by Mrs Gradin
on behalf of the Commission

(6 October 1995 )

The Commission would refer the Honourable Member

to its answer to Written Question E-2032 / 95 by Mr
Happart ( ').

The European Commission is aware of the importance of
the problem posed by the recent rise in the number of cases
of tuberculosis in certain Member States . According to
the epidemiological data at the Commission 's disposal,
this phenomenon mainly affects migrating populations .

However, it is necessary to exercise caution in interpreting
the rise, which may be explained by the renewal of interest in
the disease leading to better recording of cases . The fact that
definitions are not the same everywhere is also significant . In
any event, there is no organized Community-level
monitoring of tuberculosis at the moment . Thus, in its
communication on AIDS and certain other communicable

diseases ('), tuberculosis is included among the diseases for
which specific measures are envisaged at Community level,
and the draft European Parliament and Council Decision
adopting a corresponding Community programme,
currently under discussion, also takes it into account . The
Commission will not hesitate to take appropriate measures,
either in the context of a Community programme based on
future proposals from experts in the Member States or as
part of the activities of the networks monitoring
communicable diseases in Europe, which will he the subject
of a communication and proposal for a European
Parliament and Council Decision .

(') COM ( 94 ) 413 final .
(') See page 29 of this Official journal .

No C 311 / 58 EN Official Journal of the European Communities 22 . 11 . 95

WRITTEN QUESTION P-2543 / 95

by Leonie van Bladel ( PSE )

to the Commission

( 12 September 1995 )

95 / C 311 / 102 )

European Union which has remained unchanged since the
Venice declaration of the European Council in 1980 :

' The Nine recognize the special importance of the role
played by the question of Jerusalem for all the parties
concerned . The Nine stress that they will not accept any
unilateral initiative designed to change the status of
Jerusalem . .

Subject : Participation by the European Union in the
celebrations to mark the 3000th anniversary of the (') Among others, 242, 252, 267, 298, 476 and 478 .
foundation of Jerusalem

Is it true that the European Union did not wish to participate
in the celebrations to mark the 3000th anniversary of the
foundation of the city of Jerusalem ?

If so, what is the Commission 's view on the matter, and in
particular, what were the reasons for its decision, bearing in
mind inter alia the greater openness which has been
displayed towards the world religions in Jerusalem since

1967 ?

Answer given by Mr Marin
on behalf of the Commission

(2 October 1995 )

European Union ambassadors did in fact stay away from the
inauguration of the Jerusalem 3000 events . The
Commission agrees with the line followed by Member States
on this issue .

The unilateral and exclusively Israeli character of the
Jerusalem 3000 events does not properly address the city 's

religious and ethnic pluralism, in contradiction with the
position repeated in many UN Security Council
resolutions (') condemning Israeli attempts to alter the
status of the city following the annexation of its eastern part
after the 1967 war . It also contradicts the position of the

WRITTEN QUESTION E-2606 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

( 27 September 1995 )

( 95 / C 31 1 / 103 )

Subject : Structural investment in Cantabria

What investment has been earmarked under the Structural

Funds for the co-financing of projects in the Cabarceno
National Park in the Autonomous Community of Cantabria

( Spain )?

Have the conditions laid down in the regulations on the
Structural Funds been complied with in the above

investments ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 19 October / 99 5 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

22 . 11 . 95 EN Official Journal of the European Communities No C 311 / 59

CORRIGENDA

Corrigendum to Written Question E-l 462 / 95 by José Barros Moura ( PSE ) to the Commission

of 22 May 1995

( Official Journal of the European Communities No C 222 of 28 August 1995 )

( 95 / C 311 / 104 )

On page 77 the first paragraph of the question should read as follows :

' What measures does the Commission plan to take to combat the illegal export of toxic and hazardous waste
within the EU, as in the case where the German company GRUNIG used its plant in Bragani;a for this
purpose ?'