Source: EURLEX
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/*/*•• "I   - w   - "I ISSN 0378-6986
# Official Journal c 310

. . Volume 37
##### of the European Communities ? November 1994

English edition Information and Notices

Notice No Contents Pa ge

I Information

European Parliament

Written Questions with answer

94 / C 310 / 01 E-76 / 93 by Gordon Adam to the Commission
Subject : The Non-Fossil-Fuel Obligation 1

94 / C 310 / 02 E-l 32 / 93 by Gijs de Vries to the Commission
Subject : The operation of the Single European Act 1

94 / C 310 / 03 E-187 / 93 by Sotiris Kostopoulos to the Commission
Subject : EEC recommendations on banks 2

94 / C 310 / 04 E-245 / 93 by Freddy Blak to the Commission
Subject : Relative importance of sport and olive oil 2

94 / C 310 / 05 E-555 / 93 by Llewellyn Smith to the Commission
Subject : Documentation confidentiality 3

94 / C 310 / 06 E-600 / 93 by Hiltrud Breyer to the Commission
Subject : State aid to coal and nuclear power 3

94 / C 310 / 07 E-616 / 93 by Victor Arbeloa Muru to the Commission
Subject : Study of human rights violations in Palestine 4

94 / C 310 / 08 E-855 / 93 by Sotiris Kostopoulos to the Commission
Subject : Need for parents with large families to be specifically exempt from taxation on redundancy
payments 5

94 / C 310 / 09 E-987 / 93 by Joan Colom i Naval, Concepció Ferrer, Carles-Alfred Gasòliba i Böhm,
Antoni Gutierrez Diaz and Mateo Sierra Bardaji to the Commission
Subject : Serious situation on the Community hazelnut market 5

Price : ECU 18 ( Continued overleaf )

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E-1058 / 93 by Sotiris Kostopoulos to the Commission
Subject : Participation of rural organizations in the central and regional committees of the
Community support framework

E-l 124 / 93 by Barry Desmond to the Commission
Subject : Psychologists ' right to practise throughout the Community

E-l 307 / 93 by Sotiris Kostopoulos to the Commission
Subject : Level crossings

E-l 355 / 93 by Sotiris Kostopoulos to the Commission
Subject : Impact of visits by Mr Van den Broek and the Troika to Israel and Arab countries

E-1405 / 93 by Jean-Pierre Raffarin to the Commission
Subject : Surcharge on Pineau from Charente

E-787 / 93 by Alexandros Alavanos to the Commission
Subject : Filling in the sea along the old Thessaloniki seaboard

E-1442 / 93 by Sotiris Kostopoulos to the Commission
Subject : The old seafront in Thessaloniki

Joint answer to Written Questions E-787 / 93 and E-1442 / 93

E-1487 / 93 by Panayotis Roumeliotis to the Commission
Subject : Suspension of appropriations for the restoration of the walls of the City of Rhodes

E-1493 / 93 by Paul Staes to the Commission
Subject : Transposition of Community law into national law — initiation of infringement
proceedings by the Commission

E-l 503 / 93 by Anthony Simpson to the Commission

Subject : Duties of the Commission

E-l 597 / 93 by Giuseppe Mottola to the Commission
Subject : Crisis in the kiwi fruit sector — Need for a Community system of regulation

E-l 606 / 93 by Alexander Langer to the Commission
Subject : Damage to Mount Olympus ( Greece ) funded by the Community

E-l 732 / 93 by Gepa Maibaum to the Commission
Subject : Community education policy in respect of central and eastern Europe, and, in particular,
the Confederation of Independent States ( CIS )

E-l 905 / 93 by Sotiris Kostopoulos to the Commission
Subject : ' Utilization ' of appropriations for technical assistance from the Delors I package in the
south Aegean region

E-l 907 / 93 by Sotiris Kostopoulos to the Commission
Subject : Rail transport in Greece

E-l 91 0 / 93 by Sotiris Kostopoulos to the Commission
Subject : Participation and rights in general of creative intellectual workers

E-2026 / 93 by Raymonde Dury to the Commission
Subject : Unfair competition in chemicals

E-2028 / 93 by Raymonde Dury to the Commission
Subject : Unfair competition in steel

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94 / C 310 / 28 E-2029 / 93 by Raymonde Dury to the Commission
Subject : Unfair competition in textiles 16

94 / C 310 / 29 E-2030 / 93 by Raymonde Dury to the Commission
Subject : Access for the countries of central and eastern Europe to the Community 's markets 16

Joint answer to Written Questions E-2026 / 93, E-2028 / 93, E-2029 / 93 and
E-2030 / 93 16

94 / C 310 / 30 E-2067 / 93 by Sotiris Kostopoulos to the Commission
Subject : Turkish purchases of land and businesses in Thrace through Germany 17

94 / C 310 / 31 E-2076 / 93 by Sotiris Kostopoulos to the Commission
Subject : Exclusion of Greece from food-aid tenders 17

94 / C 310 / 32 E-2125 / 93 by Anita Pollack to the Commission
Subject : Urban environment green paper 18

94 / C 310 / 33 E-2147 / 93 by Sotiris Kostopoulos to the Commission
Subject : Discovery in a cargo of Egyptian potatoes of bacteria posing a deadly threat to agricultural
production 18

94 / C 310 / 34 E-2 177 / 93 by Jose Valverde Lopez to the Commission
Subject : Reasons invoked by Spain for failing to implement the Directive on telecommunications
terminal equipment 19

94 / C 310 / 35 E-2214 / 93 by Anthony Wilson to the Commission
Subject : The Cecap project in the Philippines 19

94 / C 310 / 36 E-2246 / 93 by Pol Marck to the Commission
Subject : UNWRA budgetary situation 20

94 / C 310 / 37 E-2256 / 93 by Giuseppe Mottola to the Commission
Subject : Registered designation of origin for buffalo milk mozzarella cheese produced in
Campania 21

94 / C 310 / 38 E-2284 / 93 by Nel van Dijk to the Commission
Subject : Restrictions on imports of jute 22

94 / C 310 / 39 E-2285 / 93 by Nel van Dijk to the Commission
Subject : Jute used in packaging 22

Joint answer to Written Questions E-2284 / 93 and E-2285 / 93 22

94 / C 310 / 40 E-23 16 / 93 by Hedwig Keppelhoff-Wiechert to the Commission
Subject : EC residence permit 23

94 / C 310 / 41 E-2366 / 93 by Virginio Bettini to the Commission
Subject : Construction of a service centre in San Feliciano di Magione ( Umbria Region — Italy ):
infringement of the IMP criteria laid down by Umbria Region 23

94 / C 310 / 42 E-2367 / 93 by Bruno Boissiere to the Commission
Subject : Destruction of a natural area ( Nice ) 24

94 / C 310 / 43 E-2416 / 93 by Sotiris Kostopoulos to the Commission
Subject : Vocational training of workers on environmental issues 25

( Continued overleaf )

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E-2467 / 93 by Sotiris Kostopoulos to the Commission
Subject : Designation of special protection areas in Greece in accordance with Directive
79 / 409 / EEC on the conservation of wild birds

E-2475 / 93 by Sotiris Kostopoulos to the Commission
Subject : Conditions for recognizing organizations of producers of fisheries products

E-767 / 93 by Tom Spencer to the Commission
Subject : Payment of foods and services supplied under the EDF

E-2478 / 93 by Tom Spencer to the Commission
Subject : Payment of goods and services supplied under the EDF

Joint answer to Written Questions E-767 / 93 and E-2478 / 93

E-2494 / 93 by Sotiris Kostopoulos to the Commission v
Subject : The banana trade

E-2504 / 93 by Sotiris Kostopoulos to the Commission
Subject : Discovery and preservation of fossilized trees over 15 million years old in northern
Evvia

E-25 15 / 93 by Sotiris Kostopoulos to the Commission
Subject : Community fish canning industry

E-2531 / 93 by Michel Debatisse to the Commission
Subject : Shift Network

E-2535 / 93 by Jose Lafuente Lopez to the Commission
Subject : Community thinking on the future of the welfare State

E-2570 / 93 by Christos Papoutsis to the Commission

Subject : Breach of Community rules

E-2596 / 93 by Sotiris Kostopoulos to the Commission
Subject : Subsidies for golf courses and garages in Greece

E-2597 / 93 by Sotiris Kostopoulos to the Commission
Subject : Funding for Greek port projects within the Community Support Framework

E-2640 / 93 by Hemmo Muntingh to the Commission
Subject : Registers of loans granted to consumers

E-2686 / 93 by Sotiris Kostopoulos to the Commission
Subject : Simplification of administrative work for small and medium-sized businesses

E-2695 / 93 by Hugh McMahon to the Commission
Subject : ESF payments to the United Kingdom Government for 1991, 1992 and 1993 in respect of
projects operated by Scottish Enterprise

E-2697 / 93 by Mary Banotti to the Commission
Subject : 1993 International Year of Indigenous People

E-2704 / 93 by Ben Visser to the Commission
Subject : Diesel fuel prices and toll systems

E-2715 / 93 by Marie Isler Beguin to the Commission
Subject : Staff policy at the Commission

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94 / C 310 / 62 E-2756 / 93 by Paul Staes to the Commission
Subject : The Commission 's personnel policy 34

Joint answer to Written Questions E-2715 / 93 and E-2756 / 93 35

94 / C 310 / 63 E-2736 / 93 by Sir Jack Stewart-Clark to the Commission
Subject : Solvent abuse 35

94 / C 310 / 64 E-2752 / 93 by Glyn Ford to the Commission
Subject : Pension rights for carers 36

94 / C 310 / 65 E-2757 / 93 by Sergio Ribeiro to the Commission
Subject : Results of the report on EMU 36

94 / C 310 / 66 E-2786 / 93 by Sir James Scott-Hopkins to the Commission
Subject : Report on direction and regulatory signs on highways 37

94 / C 310 / 67 E-2797 / 93 by Karel Dillen to the Commission
Subject : Appropriations for dairy products in the 1994 EC budget 37

94 / C 310 / 68 E-2802 / 93 by Mihail Papayannakis to the Commission
Subject : Urgent measures to save the Bay of Kalloni ( Lesbos ) 38

94 / C 310 / 69 E-2804 / 93 by Carlos Robles Piquer to the Commission
Subject : Participation of the Commission in the International Congress on the Spanish
Language 38

94 / C 310 / 70 E-2827 / 93 by Alexandros Alavanos to the Commission
Subject : Protection of Europe 's cultural heritage from theft 39

94 / C 310 / 71 E-2835 / 93 by Giuseppe Mottola to the Commission
Subject : Cilento National Park — Boundaries and classification of zones — Possible damage to
farming, stock-breeding, forestry, farm tourism, and craft industries 40

94 / C 310 / 72 E-2867 / 93 by John Iversen to the Commission
Subject : Rules on the sale of old meat from EC surplus stocks 41

94 / C 310 / 73 E-2870 / 93 by Inigo Mendez de Vigo to the Commission
Subject : Extension of the schedule of reference prices and exports of tomatoes from the Kingdom of
Morocco 41

94 / C 310 / 74 E-2873 / 93 by Laura González Alvarez, Antoni Gutiérrez Díaz, Alonso Puerta and Teresa
Domingo Segarra to the Commission
Subject : ERDF projects in Cantabria 42

94 / C 310 / 75 E-2876 / 93 by Jose Valverde Lopez to the Commission
Subject : Public undertakings in the manufacturing sector 42

94 / C 310 / 76 E-2886 / 93 by Enrico Falqui to the Commission
Subject : Compliance in Italy with the Directive on the quality of bathing water 43

94 / C 310 / 77 E-29 16 / 93 by Sotiris Kostopoulos to the Commission
Subject : Environment of the river Araxthos 43

94 / C 310 / 78 E-2933 / 93 by Victor Arbeloa Muru to the Commission
Subject : International agreements and subsidiarity 43

( Continued overleaf )

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94 / C 310 / 79 E-2944 / 93 by Sotiris Kostopoulos to the Commission
Subject : Review of the EC-USA agreement on reducing agricultural subsidies 44

94 / C 310 / 80 E-2965 / 93 by Christine Crawley to the Commission

Subject : Child workers in Portugal 44

94 / C 310 / 81 E-2966 / 93 by Christine Crawley to the Commission
Subject : VAT collection 45

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E-2972 / 93 by Christine Oddy to the Commission
Subject : Illegal trade in rhino horn 45

E-2974 / 93 by Panayotis Roumeliotis to the Commission
Subject : Problems due to ending of wine subsidies 45

E-2979 / 93 by Lyndon Harrison to the Commission
Subject : European Year of the Elderly and solidarity between generations 46

E-2995 / 93 by Herman Verbeek and Friedrich-Wilhelm Graefe zu Baringdorf to the
Commission

Subject : Organic production of agricultural products : progress of legislation on organic animal
production 46

E-2996 / 93 by James Elles, Otto von Habsburg, Fernand Herman and Ria
Oomen-Ruijten to the Commission
Subject : Relations between the EC, eastern Europe and the CIS 47

E-3 044 / 93 by Yves Verwaerde to the Commission

Subject : Commission programme for 1993 / 94 48

E-3077 / 93 by Kenneth Stewart to the Commission
Subject : Proposed new prison at Fazakerley, Liverpool 48

E-3 11 0 / 93 by Concepció Ferrer to the Commission
Subject : Financial assistance to the Catalan textile industry as part of the Retex Community
initiative 49

E-3 13 8 / 93 by Sotiris Kostopoulos to the Commission
Subject : Use of Special Local Government Development Programme funds in Greece 49

E-3202 / 93 by Victor Arbeloa Muru to the Commission
Subject : Agricultural prices and the consumer 50

E-3212 / 93 by lb Christensen to the Commission

Subject : Exemption from capital requirements in financial institutions . 50

94 / C 310 / 93 E-3241 / 93 by Marc Galle to the Commission
Subject : Financial aid following the Gaza-Jericho Accord 51

94 / C 310 / 94

E-3397 / 93 by Sotiris Kostopoulos to the Commission
Subject : Dismissals in the German automobile industry 52

94 / C 310 / 95 E-3423 / 93 by Ferruccio Pisoni, Franco Borgo, Mauro Chiabrando, Agostino Mantovani
and Giuseppe Mottola to the Commission
Subject : The spread of esca grapevine disease and how to control it 52

( Continued on inside back cover )

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94 / C 310 / 96 E-3461 / 93 by Winifred Ewing to the Commission
Subject : Norwegian salmon dumping 53

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E-3512 / 93 by Alexander Langer to the Commission
Subject : Protection of Bishop Pedro Casaldaliga 53

E-3707 / 93 by Jose Gil-Robles Gil-Delgado to the Commission
Subject : Language-learning programme in the States of the Southern African Development
Community 54

E-3727 / 93 by Alex Smith to the Commission
Subject : Nuclear reactor fuel — Edlow Group 55

E-3735 / 93 by Gerard Onesta to the Commission
Subject : Co-responsibility of the Commission in projects co-financed by the Community 55

E-3789 / 93 by Hemmo Muntingh to the Commission
Subject : Allocation of Consumer Protection budget line B5-101 in 1993 55

E-3797 / 93 by Robert Delorozoy to the Commission
Subject : Redressing the Community budget 56

E-3 808 / 93 by Hugh McMahon to the Commission
Subject : Reorganization of DG V 56

E-13 / 94 by Fernand Herman to the Commission

Subject : Agreement between France Telecom and Deutsche Bundespost Telekom 57

E-42 / 94 by Jessica Larive to the Commission
Subject : Participation by EFTA countries in EC education and training programmes 57

E-288 / 94 by Raymonde Dury to the Commission
Subject : Training of hairdressers : Belgium and France 58

E-373 / 94 by Anita Pollack to the Commission
Subject : Strategy on integrated management of Europe 's coastal zones 59

94 / C 310 / 108 E-395 / 94 by Maxime Verhagen, Jean Penders and James Janssen van Raay to the
Commission

Subject : South Africa 59

94 / C 310 / 109

94 / C 310 / 110

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94 / C 310 / 112

E-521 / 94 by Sotiris Kostopoulos to the Commission
Subject : A Directive providing compulsory measures to combat AIDS ( information, monitoring,
research and special programmes ) 60

E-573 / 94 by Sergio Ribeiro to the Commission
Subject : Directive on money laundering 61

E-729 / 94 by Georgios Anastassopoulos to the Commission
Subject : Breakdown of senior administrative posts by nationality 61

E-782 / 94 by Mary Banotti to the Commission
Subject : Consumer information and safety monitoring regarding the consumer 61

7 . 11 . 94 Official Journal of the European Communities No C 310 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-76 / 93

by Gordon Adam ( PSE )

to the Commission

(9 February 1993 )

( 94 / C 310 / 01 )

Subject : The Non-Fossil-Fuel Obligation

The 1998 deadline for the Non-Fossil-Fuel Obligation

( NFFO ) is proving a significant barrier to the development
in the United Kingdom of renewable energy based combined
heat and power ( CHP ) schemes . I understand that for
two years the United Kingdom Government and the
Commission have been discussing arrangements for an
extension of the NFFO for renewable energy .

Would the Commission clarify both the present state of
these discussions and its own position on the extension of
support arrangements for renewable energy, including
renewable energy based CHP schemes ?

Answer given by Mr Van Miert

on behalf of the Commission

( 10 December 1993 )

In March 1990 when approving aid arrangements in
connection with the privatization of the electricity supply
industry in Great Britain, the Commission limited its
authorization of the Fossil-Fuel Levy ( FFL ) and the
Non-Fossil-Fuel Obligation ( NFFO ) to the period up to

1998, because the arrangements were mainly designed to
support nuclear power .

The first approaches by the British Government to the

Commission to lift the 1998 time limit for renewables were

made in November 1991 .

In June 1993, the British Government came forward with
formal proposals for continuing the FFL and the NFFO for
renewables after 1998 and the Commission has now

authorized this extension . Under it the United Kingdom will
finance a further 900 MW of renewables capacity in
England and Wales, in addition to the 300 MW already
coming forward . The Commission has also recently
approved new renewables schemes in Scotland and
Northern Ireland involving a further 300 MW .

It is understood that renewable energy based combined heat
and power projects will be eligible for support under the

new arrangements .

WRITTEN QUESTION E-132 / 93

by Giis de Vries ( ELDR )

to the Commission

( 15 February 1993 )

94 / C 310 / 02

Subject : The operation of the Single European Act

1 . In what cases ( from the entry into force of the Single
European Act up to 1 January 1993 ) has the Commission
withdrawn its proposals after the first reading by the
Council or the second reading by the European
Parliament ?

2 . In what cases has the Council unanimously adopted

( Article 149(2)d ) amendments proposed by the European
Parliament, that were not accepted by the Commission ?

3 . In what cases has the Council unanimously amended
a proposal re-examined by the Commission ( Rule
149(2)e )?

No C 310 / 2 Official Journal of the European Communities 7 . 11 . 94

4 . In what cases has a Commission proposal not been
accepted because the Council did not conclude its second
reading in time ( Rule 149(2)f ) ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 30 March 1994 )

1 . None

2 . and 3 . The Commission is unable to supply the precise
number of such cases, since there is no official information
in the votes taken in the Council over the period in question
( the Council did not adopt the amendment to its rules of
procedure allowing this information to be made public until
December 1993 ).

4 . Article 149(2)(f ) of the EC Treaty has been applied in
the following two cases :

— the proposal for a Council Directive on sweeteners for

use in foodstuffs (');

— the proposal for a Council Directive on the protection of

workers from the risks related to exposure to benzene at
work ( 2 ).

(M CC)M(90 ) 381 .

( 2 ) COM(85 ) 669 .

WRITTEN QUESTION E-187 / 93

by Sotiris Kostopoulos ( PSE )

transparency of banking conditions relating to cross-border
financial transactions ( J ). In March 1992 the European
credit sector associations, working in close collaboration
with the Commission within the advisory groups, drew up
guidelines on customer information on payment services .

A study launched by the Commission in 1993 the initial
results of which were announced on 29 July ( 2 ) shows that,
despite the self-regulatory measures adopted by the banking
sector, transparency is improving too slowly .

Before adopting a decision regarding the measures to be
taken, the Commission intends to gather the opinions of the
two advisory groups on payment systems, which are
composed of representatives of the central banks,
commercial banks, consumers, traders, and small and
medium-sized enterprises .

The Honourable Member also seems to be referring to
recommendation 87 / 598 / EEC on a Code of Conduct
relating to electronic payment ( 3 ). In 1992 and the first half
of 1993, the Commission conducted negotiations between
the banking sector and the commercial sector with a view to
drawing up a code which would apply in a uniform manner
to both sectors . The negotiations are aimed at extending the
scope of the recommendation and defining more precisely
the terms used . The code of conduct would apply to any
payment carried out by means of a payment card,
irrespective of the nature of the issuer of the card .

The Commission hopes that the negotiations will be
completed by the end of the year .

A third recommendation concerning the relationship
between card holder and card issuer ( 4 ) has been the subject
of parallel codes applied by banks and traders for a longer
period of time .

to the Commission (M OJ No L 67, 15 . 3 . 1990 .

( 17 February 1993 )

( 2 ) IP(93 ) 670 .

( 3 ) OJ No L 365, 24 . 12 . 1987 .

( 94 / C 310 / 03 ) ( 4 ) OJ No L 317, 24 . 11 . 1988 .

Subject : EEC recommendations on banks

The banks have so far refused to implement two EEC
recommendations on transparency and systems of payment,
preferring to observe their own codes of conduct . Does the
Commission think that these recommendations should be

converted into binding Directives ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

WRITTEN QUESTION E-245 / 93

by Freddy Blak ( PSE )

to the Commission

( 23 February 1993 )

( 94 / C 310 / 04 )

( 21 December 1993 ) Subject : Relative importance of sport and olive oil

Even if sport and culture are naturally not amongst the most
The question raised by the Honourable Member no doubt important areas of Community cooperation, it still surprises
refers chiefly to recommendation 90 / 109 / EEC on the me that sport is given the low priority it is .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 3

To illustrate how little sport receives in the way of EC aid, I WRITTEN QUESTION E-555 / 93
recently heard that total Community aid to sport by Llewellyn Smith ( PSE )
corresponds to the amount it costs to run the Community 's to the Commission
olive-oil publicity office in Copenhagen .

( 30 March 1993 )

( 94 / C 310 / 05 )

This comparison speaks for itself . Against this background,
I would find it absurd if the Community does not start to do
more to support initiatives in the field of sport . Cooperation
between sportsmen and women from different countries
does a great deal to promote international under ­
standing .

Particularly for the handicapped, sport has proved to be a
good method of establishing contact with other people .

Subject : Documentation confidentiality

What plans are being developed by the Commission to
increase to confidentiality of documentation passed from
Member State governments to the Commission and vice
versa ?

Answer given by Mr Delors
on behalf of the Commission

For this reason I would ask the Commission if it really is ( 13 December 1993 )
right and proper that the promotion of olive oil in Denmark
should receive as much aid as sport throughout the
Community ? Could the Commission not consider giving The Commission does not consider it necessary to reinforce
higher priority to sport for the disabled, at least ? Finally, its existing policy on confidentiality of documents which it
what Community initiatives in the field of sport are in the receives from Member States and vice versa . The current
pipeline ? rules on classification of documents and the security

measures applicable to them, and other secondary
legislation such as on the transmission of data subject to
statistical confidentiality from the Member States, are
sufficient to guarantee the necessary confidentiality of
information .

Answer given by Mr Pinheiro

on behalf of the Commission

( 28 February 1994 )

It is not possible to compare the olive-oil promotion
campaign and measures to promote sport, especially sport
for the handicapped, since the olive-oil campaign is an area
of Community competence under the common agricultural
policy, while measures to promote sport, including sport for
the disabled, fall primarily within the jurisdiction of the
Member States . The few operations undertaken by the
Commission in this area are autonomous action for which

budgetary resources are very limited . However, the
Commission is at present preparing a programme to
encourage sport, notably via the European Sport Forum, a
regular gathering of government and non-government
representatives of the sporting world which lays down
guidelines for action, complying strictly with the
subsidiarity principle .

The last meeting of the Forum, in November 1993,
considered the findings of a study on the consequences of
Community action in the field of sport, when it also
confirmed that priority should be given to
mass-participation sport and sport for the disabled .

WRITTEN QUESTION E-600 / 93

by Hiltrud Breyer ( V )

to the Commission

(1 April 1993 )

( 94 / C 310 / 06 )

Subject : State aid to coal and nuclear power

Is it a Commission policy objective that Member States
should be allowed to support up to 20 % of national
electricity production by State aid ?

Commissioner Sir Leon Brittan told the European
Parliament on 16 May 1990 that 17% of the total demand
for electricity in the United Kingdom was covered by the
nuclear industry, which receives State aid . How high was
this percentage in 1992 ?

Is it true that the Commission is considering allowing the
British Government to give State aid to the coal sector ?
What percentage of the total demand for electricity
production by coal receiving State aid would be
involved ?

Does this not represent a U-turn, in that by allowing the
British Government to give State aid to the coal sector as

No C 310 / 4 Official Journal of the European Communities 7 . 11 . 94

well, the objective of limiting State aid for the electricity
sector to 20% will not be achieved ?

Can the Commission provide an overview of State aid to
national electricity production by coal and nuclear power in
the 12 Member States ? If this overview is not available at

present, is the Commission willing to provide such an
overview to the European Parliament within the next three
months ?

Is the Commission prepared to investigate claims by
Greenpeace UK that a major part of the State aid in the
United Kingdom from the nuclear levy ( £1 265 million in

1991 / 92 ) is used for the building of new nuclear power
stations such as Sizewell B ( £5 1 8 million ' assets in the course
of construction ' Nuclear Electric 1991 / 92 accounts, p. 46 )
and not solely for existing production capacity, as was
agreed with the Commission ?

2064 / 86 / ECSC . Should a notification be forthcoming at a
later date, then the Commission 's judgment will be based on
the criteria of the new Code, Decision 3632 / 93 / ECSC ( 3 )
which has replaced Decision 2064 / 86 / ECSC with effect
from January 1994 . Any contracts between the coal-mines
and the electricity generators for additional purchases of
coal would be assessed under Article 85 EC Treaty for their
effect on competition and trade in electricity, as in the
Jahrhundertvertrag case ( 4 ).

The Commission controls State aid for using coal to produce
electricity under the coal aid code ( now Decision
3632 / 93 / ECSC ). It also examines any cases of aid for
nuclear power that are notified to it or alleged by
complainants . Other than the cases already dealt with, it is
not aware of aid for coal-fired generation or nuclear power
in the Community .

The Commission is examining the complaint about alleged
misuse of the Fossil-Fuel Levy and should be able to take a
decision early in 1994 .
Answer given by Mr Van Miert

on behalf of the Commission

(!) COM(91 ) 548 final — SYN 384-385 .

(7 February 1994 ) ( 2 ) COM(93 ) 261 final .

( 3 ) OJ No L 329, 30 . 12 . 1993 .

( 4 ) OJ No L 50, 2 . 3 . 1993 .

The Honourable Member is referred firstly to the answer
given by the Commission to the Oral Question asked by Mrs
Garcia Arias ( No H-0352 / 93 ) at the Plenary Session of
Parliament in April 1993, secondly to paragraph 7.1 . of the
introduction to the Commission 's initial proposal for a
Council Directive concerning common rules for the internal
market in electricity (*) and thirdly to paragraph 3.1 . of the
Second progress report on the internal energy market ( 2 ). It
should be noted that the Commission does not count

support for renewable energies towards the limit referred to
by the Honourable Member .

The Commission understands that in 1992 Nuclear

Electric 's share of the electricity market in England and
Wales had risen to somewhat over 20% . However, the

Commission was informed in March 1993 that the UK

authorities intended to direct Nuclear Electric to release two

regional electricity companies from certain purchase

contracts .

In March 1993 the Commission was also informed of the

possible intention of the UK authorities to grant subsidies,
over a strictly limited period of time, for certain additional
purchases of coal for electricity generation . Any such
subsidies would not affect the basic contracts with National

Power and PowerGen . In the absence of any prior
notification by the UK authorities of State aid, the
Commission understands that no additional purchases by
the generators have so far been made . The Commission is
therefore currently unable to judge the effect on competition
of any such additional purchases .

Authorization by the Commission of any aid to the coal
industry, requires prior notification under the . Coal Aid
Code . No notification had been made by the end of 1993
under the terms of the old Aid Code, Decision

WRITTEN QUESTION E-616 / 93

by Victor Arbeloa Muru ( PSE )

to the Commission

(1 April 1993 )

( 94 / C 310 / 07 )

Subject : Study of human rights violations in Palestine

Can the Commission forward the analysis of the report
financed under Item A-3030 of the budget on violations of
human rights in the territories occupied by Israel ? When can
this information be provided ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 14 December 1993 )

There is no analysis financed under budget item A-3030
which has any bearing on the matter referred to by the
Honourable Member .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 5

WRITTEN QUESTION E-855 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

( 26 April 1993 )

( 94 / C 310 / 08 )

Subject : Need for parents with large families to be
specifically exempt from taxation on redundancy

payments

In may 1992 a law was adopted in Greece on taxing the
redundancy payments of dismissed company employees .
Article 5(6 ) of the relevant law ( No 2065 / 92 ) provides that
36 % of redundancy payments shall be payable in tax,
regardless of whether the dismissed person has one, two,
five or even 10 children . The rate of taxation is the same for

everyone . As part of the European Social Charter, agreed on
at the summit meeting in Strasbourg, will the Commission
make representations to the Greek authorities, calling for
the parents of large families to be specifically exempt from
this tax on redundancy payments ?

Answer given by Mr Flynn
on behalf of the Commission

(4 May 1994 )

The Community has no competence in the area of family
policy . The Commission cannot therefore intervene with the
Greek authorities in relation to the taxation of severance

pay with particular reference to heads of large families .

However, within the European Family Policy Observatory,
the Commission monitors trends and developments in the
family policy of Member States, with particular regard to
the treatment of families under the taxation system .

A report by the Observatory for the period 1991 / 92 is to be
forwarded directly to the Honourable Member and to the
Secretariat-General of the Parliament .

WRITTEN QUESTION E-987 / 93

by Joan Colom i Naval ( PSE ), Concepció Ferrer ( PPE ),
Carles-Alfred Gasóliba i Bóhm ( ELDR ), Antoni Gutiérrez

Díaz ( GUE ) and Mateo Sierra Bardaii ( PSE )

to the Commission

(3 May 1993 )

( 94 / C 310 / 09

Subject : Serious situation on the Community hazelnut

market

Community by approximately 35% between 1987 and
1990, can the Commission say whether the hazelnut quotas
hitherto granted to Turkey and other third countries have
been duly respected ?

What is the Commission 's view on the recent measures by
the Turkish Government substantially reducing its official
export prices for hazelnuts ?

How will the Commission respond to the severe difficulties
of Community producers, whose current selling prices are
far from profitable, and to the significant reduction in recent
years of intra-Community trade in hazelnuts .

Does the Commission not think that the time has come to

uphold the principle of Community preference and take the
necessary measures to maintain a Community production
quota for hazelnuts ?

Is the Commission contemplating setting up a COM
specifically for dried fruit ?

Is the Commission considering the possibility of introducing
direct aid for hazelnut growers over and above that laid
down by Regulation 1035 / 72 / EEC ( ! ) to prevent them from
going out of business and avoid the serious socio-economic
and environmental repercussions in areas in which hazelnut
production is a fundamental aspect of rural life ?

t 1 ) OJ No L 118, 20 . 5 . 1972, p . 1 .

Answer given by Mr Steichen

on behalf of the Commission

( 20 December 1993 )

1 . Hazelnut imports from T urkey benefit from zero duty
within a tariff quota of 25 000 tonnes . This rule is carefully
observed . Imports in excess of this quota are subject to 4 %
duty .

2 . The reduction in export duty decreed by the Turkish
Government is in keeping with the Association Agreement
between the EC and Turkey .

3 . The Commission is aware of the problems facing the
hazelnut sector in Europe . For this reason the market
organization in fruit and vegetables has been supplemented
by a set of measures eligible for Community financial
support to improve production and marketing conditions
for nuts and carobs . These measures may consist in :

— tree grubbing followed by replanting or conversion to

In view of the difficult situation of Community hazelnut — tree
producers who are subject to pressure from mounting other varieties ;
imports from third countries ( 96 % of these being from
Turkey ), which reduced their import prices into the — improving cultivation techniques ;

other varieties ;

No C 310 / 6 Official Journal of the European Communities 7 . 11 . 94

— technical assistance in crop management and marketing ;

and

— the acquisition and establishment of marketing

systems .

4 . In view of the further deterioration of prices this year,
the Commission has been in touch with the Turkish

authorities in order to study the situation and plan any
measures that might be adopted for the next marketing

year .

5 . Dried fruits are covered by Council Regulation ( EEC )
No 1035 / 72 on the common organization of the market in
fruit and vegetables and Council Regulation ( EEC )
No 426 / 86 on the common organization of the market in
products processed from fruit and vegetables (*).

Moreover, the Leader Programme, which is specially
designed to address rural issues, already provides for
partnership at local level through its management and
monitoring system . The Commission has derived a wealth of
valuable experience on this matter under the current phase
of the Leader Programme, and can only confirm its
commitment to adopt a comparable approach regarding
future Community initiatives in the context of rural
development .

WRITTEN QUESTION E-l 124 / 93

by Barry Desmond ( PSE )

to the Commission

(') OJ No L 49, 27 . 2 . 1986 . ( 29 April 1993 )

( 94 / C 310 / 11

Subject : Psychologists ' right to practise throughout the

Community

WRITTEN QUESTION E-1058 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

(6 May 1993 )

( 94 / C 310 / 10

Subject : Participation of rural organizations in the central

and regional committees of the Community
support framework

The Community 's rural areas are characterized by a lack of

uniformity between the regions . For example, the problems
and intervention needs of a region with better agricultural
structures and possibilities for employment outside
agriculture or which is adjacent to a large urban Centre are
different from those of a mountainous or ' less-favoured '

region . That lack of uniformity between the regions makes it
necessary for the partnership between rural organizations to
be not just national but also local in nature .

In view of the above, will the Commission support the
participation of rural organizations in the central and
regional committees of the Community Support
Framework ?

Answer given by Mr Steichen

1 . Does the Commission agree it is lamentable that it has
no precise information on whether psychologists ' services
are covered by the national social security systems or by the
relevant arrangements in force ?

Clearly it seems that the Commission has given only
marginal consideration to this issue, or is restricted by
Member States from legislating in this important area of
policy .

2 . Does the Commission fail to appreciate that leaving
mutual recognition of psychology diplomas up to Member
States to decide is an easy way to protect their own citizens
against the competition of workers from other Member
States, and is thus against the spirit of EC goals and
objectives ?

3 . At present psychologists in one Member State are
apparently barred from practising in another Member State .
The Commission refusal to legislate in this area and the
vacuum in Community policy is a loss to the movement
towards a single market . Does the Commission agree that
achieving harmonization or mutual recognition of
authorization to practise psychotherapy between Member
States would be a particular advance ?

on behalf of the Commission Answer given by Mr Vanni d'Archirafi

on behalf of the Commission
(7 February 1994 )

(2 December 1993 )

The composition of the monitoring committees for the
implementation of the new CSFs for Greece will be
discussed in the context of the partnership with the Member
State concerned on the basis of the proposals made in its
regional development plan .

1 . The Community has no power to determine which
services must be paid for under national social security
systems . The Commission is endeavouring to promote the
exchange, between Member States, of information on social

7 . 11 . 94 Official Journal of the European Communities No C 310 / 7

protection, but it is not able to gather information on all
aspects of national social security policies .

2 . The Commission would point out that, as regards the
mutual recognition of diplomas by the Member States,
measures aimed at harmonizing national legislation in this
area have already been adopted at Community level . Those
provisions may be applied in order to facilitate the freedom
of establishment of psychologists .

The Member States retain their freedom of action with

regard to education and the right to determine the
conditions governing the taking-up and pursuit of the
professon of psychologist, and the use of the professional
title . Nevertheless, under Council Directives based on
Article 57 of the EEC Treaty they recognize for professional
purposes diplomas awarded on each other 's territory .

In this connection, it should be examined whether the
activity in question is carried out by a doctor or a
non-doctor . If it is by a doctor (a psychotherapist, for
example ), the recognition of diplomas and the coordination
of training are covered by the ' doctors ' Directives
75 / 362 / EEC and 75 / 363 / EEC, as amended ( 1 ). Diplomas
are recognized if they have been awarded in accordance with
the harmonized rules on training laid down in those
Directives . The mutual recognition of diplomas enters into
play not only as regards the possibility of practising as a
doctor but also as regards doing so within the social security
framework .

In the case of psychologists who are not doctors, 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 ( 2 ) likewise ensures recognition of these
professionals ' diplomas where the practice of their activities,
in particular under the social security system, is subject, in
the host Member State, to qualification requirements .

Where the diploma is not covered by that Directive,
Directive 92 / 51 / EEC on a second general system for the
recognition of professional education and training to
supplement Directive 89 / 48 / EEC ( 3 ) applies ; Directive
92 / 51 / EEC must be incorporated into national law by the
Member States before 18 June 1994 . These legal
instruments permit mutual recognition of diplomas in order
to facilitate the practice of the profession in other Member
States, without there being coordination of education and
training .

Pending the entry into force of the second general system
Member States are required, in accordance with the rulings
of the Court of Justice in Case 222 / 86 ( Unectef v. Heylens

[ 1987 ] ECR 4097 ) and Case C-340 / 89 ( Vlassopoulou

[ 1991 ] ECR 1-2357 ), to take into account qualifications
obtained by Community nationals in other Member States,
even if no Directive is applicable . Member States are
required ' to examine to what extent the knowledge and
qualifications attested by the diploma obtained by the
person concerned in his country of origin correspond to
those required by the rules of the host State '. Where there is
in fact equivalence, full recognition must be granted .
Conversely, if the diplomas correspond only partially, the

national authorities in question are entitled to require the
person concerned to prove that he has acquired the
knowledge and qualifications which are lacking .

3 . Psychologists are not prevented from practising in
other Member States since, in order to do so, they can make
use of the recognition machinery referred to at point 2 .
Mutual recognition of licences to practise would certainly be
an advance on the mutual recognition of diplomas provided
for in Directives 89 / 48 / EEC and 92 / 51 / EEC, since it would
further facilitate establishment and provision of services in
other Member States . However, agreement within the
profession and a broad consensus among the Member States
are needed before such a proposal can be presented .

(!) OJ No L 167, 30 . 6 . 1975 .

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

( 3 ) OJ No L 209, 24 . 7 . 1992 .

WRITTEN QUESTION E-1307 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

(1 June 1993 )

( 94 / C 310 / 12 )

. Subject : Level crossings

Unmanned level crossings — of which there are more than

1 500 in Greece — and careless motorists have turned

railway tracks in Greece into deathtraps . The President of
the Greek Railways Federation, Mr Kotsias, said recently
that most accidents took place at level crossings . One way of
avoiding such accidents was to establish two-level crossings .
However, this would require considerable funds which are
unfortunately not available .

What scope does the Commission have for assisting Greece
in the construction of these indispensable two-level
crossings, drawing on Community funds for this
purpose ?

Answer given by Mr Matutes

on behalf of the Commission

( 14 December 1993 )

The decision of building railways or associated public works
is primarily the responsibility of Member States . The
Hellenic Railways Organization, in the framework of the
modernization of the railway infrastructure in Greece, has
already constructed a considerable number of railway
bridges with Community financial assistance . Under
Council Regulation ( EEC ) No 4059 / 86 (*), 49 were
constructed or are under construction along the railway
line Athens — Thessaloniki ( sections Inoi — Tihorea and
Domokos — Larissa ). The selection of the technical solution,

No C 310 / 8 Official Journal of the European Communities 7 . 11 . 94

i.e. level crossing or bridge, is based on technical and
socio-economic criteria, including safety .

The new Council Regulation ( EEC ) No 1738 / 93 ( 2 ) ' For an
action programme in the field of transport infrastructure
with a view to the completion of an integrated transport
market ', provides inter alia the possibility of financial
support for the strengthening of land communications
within and with Greece . Therefore, projects relating to the
upgrading of the railway infrastructure in Greece are, in
principle, eligible under this Regulation .

Furthermore under Council Regulation ( EEC ) No 792 / 93
establishing the cohesion financial instrument the Greek
Government has submitted a number of transport projects,
most of them providing aids, among others, for building
level crossings .

undermined by delays and there was a need to make
substantial progress . The mission encouraged all parties to
seek a way to return to the talks and to take measures to
improve the atmosphere for the negotiations . The
Commission is pleased that negotiations restarted on
27 April and have been given new impetus by the
breakthrough made in discussions between Israel and the
PLO which led to the signature of a declaration of principles
on 13 September 1993 .

The mission was encouraged to hear from all parties the
wish for the Community to play an active role in the peace

process .

WRITTEN QUESTION E-1405 / 93

(') OJ No L 378, 31 . 12 . 1986 . by Jean-Pierre Raffarin ( PPE )

( 2 ) OJ No L 161, 2 . 7 . 1993 .
to the Commission

WRITTEN QUESTION E-1355 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

(4 June 1993 )

( 94 / C 310 / 13

Subject : Impact of visits by Mr Van den Broek and the

Troika to Israel and Arab countries

What impact have the recent visits by Commissioner Van
den Broek and the ' Troika ' headed by Mr Peterson to Israel
and Arab countries had on the Arab / Israeli peace
negotiations ?

(8 June 1993 )

( 94 / C 310 / 14 )

Subject : Surcharge on Pineau from Charente

Pineau producers in Charente are being discriminated
against at national level in contravention of Community
principles .

A ministerial order of 1 January 1993 introduced a new
method for calculating excise duties which has led to a
400% surcharge being imposed on Pineau, Floe from
Gascony and Macvin from the Jura in comparison with
natural sweet wines such as Banyuls and Rivesaltes .

What action will the Commission take to persuade the
French Government to restore the balance as regards
competition rules in this connection ?

Answer given by Mrs Scrivener

Answer given by Mr Van den Broek on behalf of the Commission

on behalf of the Commission
(7 December 1993 )
( 21 December 1993 )

The purpose of the Troika mission to the Middle East from
30 March to 2 April was to encourage the parties to
participate actively in the ninth round of negotiations as
part of the peace process and to offer the Community 's
continued support for efforts to establish peace .

The mission noted a very real interest in returning to the
negotiations expressed by all parties . It heard about the
effects of the deportations of more than 400 Palestinians on
the negotiations and on moves to deal with this problem and
to restart talks . The mission observed that the different

parties felt that the window of opportunity to pursue the
process may be limited . Public support for the process was

The Commission is aware of the situation described by the
Honourable Member, having given a delegation of
liqueur-wine producers an opportunity to present all the
arguments against the preferential tax treatment afforded to
French natural sweet wines as opposed to other liqueur
wines, whether produced in France or originating in other
Member States .

It is currently examining the situation in the light of the
relevant Community rules, under the procedures laid down
for that purpose, and will be sure to take any appropriate
action .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 9

WRITTEN QUESTION E-787 / 93

by Alexandros Alavanos ( GUE )

to the Commission

( 19 April 1993 )

( 94 / C 310 / 15 )

Subject : Filling in the sea along the old Thessaloniki

seaboard

In Thessaloniki designated as the cultural capital of Europe

1997 there are plans to fill in the sea along the old city
seaboard from Oefkos Pirgos down to the port in order to
provide 20 hectares of parking space . There is a great danger
that this will be built on and developed in future .

This project which is being opposed by almost all
representative bodies in Thessaloniki and has aroused
bigger protests among its residents is likely to have
unfavourable effects on circulation on the historical heritage
and on the character of the city on the environment and on
its quality of life . No environmental impact assessments
have been carried out under Directive 85 / 337 / EEC i 1 )
although the project is being funded by the Community . On
other hand alternative proposals have been made which
would avoid the above problems and would solve the
problem of traffic circulation .

What immediate steps will the Commission take to ensure
compliance with Council Directive 85 / 337 / EEC and will it
consider finding alternative solutions to the problem of
traffic circulation which would preserve the historical
character and the human quality of Thessaloniki ?

Commission also impress upon the Greek authorities that
the measures taken to carry out the above project are in
breach of the provisions of Council Directive 85 / 337 / EEC
on the assessment of the effects of certain public and private
projects on the environment ?

Joint answer to Written Questions

E-787 / 93 and E-1442 / 93

given by Mr Paleokrassas
on behalf of the Commission

( 24 February 1994 )

A project to fill in the sea to provide parking spaces is
classified as an Annex II project of Directive 85 / 337 / EEC for
which the Member State 's competent authority must
examine whether an environmental impact assessment is
required under Article 4(2 ).

If a Member State 's competent authority decides that, due to
its nature and characteristics, an assessment in line with the
procedures set down in the Directive is required, this will
include an outline of main alternatives and an indication of

the main reasons for the developer 's choice . The assessment
will also include a description of aspects of the environment
likely to be affected by the project including inter alia effects
on the architectural and archaeological heritage .

From the information provided there does not appear to
have been a failure to comply with the Directive . However,
the Commission would be happy to examine further any
additional information that the Honourable Member

considers relevant to this case .

The Commission has not at this stage received a request
(') OJ No L 175, 5 . 7 . 1985, p . 40 . from the Greek authorities for this project to be co-financed
by the Structrural Funds .

WRITTEN QUESTION E-1442 / 93

by Sotiris Kostopoulos ( PSE )

WRITTEN QUESTION E-1487 / 93

to the Commission
by Panayotis Roumeliotis ( PSE )

(9 June 1993 )

to the Commission
( 94 / C 310 / 16 )

( 14 June 1993 )

( 94 / C 310 / 17 )
Subject : The old seafront in Thessaloniki

According to a citizens ' action group consisting of 2 000
residents of Thessaloniki, plans to broaden the city 's historic
seafront by dumping rubble in the sea will have disastrous
consequences, damaging the maritime landscape, detracting
from its historical character and altering the position of the
tower on the fortifications, the Lefkos Pyrgos, in relation to
the sea .

Since this monument has been classified by Unesco as part of
our international cultural heritage, will the Commission
impress upon the Greek authorities the importance of
conserving the historical seafront of Thessaloniki ? Will the

Subject : Suspension of appropriations for the restoration of

the walls of the City of Rhodes

Last November the Monitoring Committee of the
Integrated Mediterranean Programmes for the Aegean
islands decided to grant a sum of Dr 200 million to allow the
programme devoted to settlements and fortifications on the
island of Rhodes to continue .

However, following the decision by the Ministry of Finance
to suspend the necessary funds approved under the
Mediterranean Programmes, there is a real danger that the
walls of the mediaeval city of Rhodes will collapse .

No C 310 / 10 Official Journal of the European Communities 7 . 11 . 94

Can the Commission provide information on developments
in this matter ?

Answer given by Mr Millan
on behalf of the Commission

( 10 December 1993 )

The project concerning the medieval city and battlements of
Rhodes was included in the Integrated Mediterranean
Programme for the Aegean with a budget of ECU
6 639 000 . At 31 March 1993 about 98,5 % of this budget
had been used . Despite this expenditure, the work has not
yet been completed and is most unlikely to be completed this

year .

Meanwhile, the Monitoring Committee for the IMP decided
not to allocate additional appropriations to work which
cannot be finished before the end of the year, but to give
priority to projects likely to be finished by then .

This is why the budget for the project in question has not

been amended .

In addition, the Commission considers the potential threat
to these monuments should have been temporarily removed
as a result of the large amounts already spent .

WRITTEN QUESTION E-1493 / 93

by Paul Staes ( V )

to the Commission

( 14 June 1993 )

( 94 / C 310 / 18 )

Subject : Transposition of Community law into national

law — initiation of infringement proceedings by
the Commission

If a Member State fails to transpose a Community Directive
into national law by the stipulated deadline, the
Commission initiates infringement proceedings under
Article 169 of the Treaty of Rome . Sometimes the
Commission initiates these proceedings immediately after
the deadline for transposition has expired but sometimes
only years later . For example the Commission initiated
proceedings against Belgium for failure to transpose
Directive 91 / 157 / EEC (*) by 18 September 1992 . However
the deadline for the transposition of Directives
90 / 219 / EEC ( 2 ) and 90 / 220 / EEC ( 3 ) was 23 October 1991 .
Despite the fact that Belgium has not yet transposed them,
the Commission has not yet initiated infringement
proceedings . It is therefore unclear what criteria are applied
by the Commission for initiating infringement proceedings
under Article 169 for failure to transpose Directives on
time .

1 . Can the Commission give a list of Directives which were
not transposed by Belgium on time, indicating in which
cases the Commission initiated infringement
proceedings ( if possible giving the deadline for
transposition and the authority or authorities
concerned ?

2 . What criteria does the Commission apply in deciding

whether or not to initiate proceedings under Article 169
for failure to transpose a Directive on time ?

(!) OJ No L 78, 26 . 3 . 1991, p . 38 .

( 2 ) OJ No L 117, 8 . 5 . 1990, p . 1 .

( 3 ) OJ No L 117, 8 . 5 . 1990, p . 15 .

Answer given by Mr Delors
on behalf of the Commission

(1 December 1993 )

The Commission would refer the Honourable Member to

the Tenth Annual Report on Commission Monitoring of the
Application of Community Law (*), and to Annex 4 in
particular ( report on the application of Directives ).

As a rule the Commission initiates proceedings under
Article 169 of the Treaty as soon as the deadline for
transposing the Directives has expired, where it has not been
notified by the Member State of any implementing
measures . As can be seen from Annex 4 of the report, this
was the procedure followed in the case of the three
Directives referred to by the Honourable Member :

— 90 / 219 / EEC and 90 / 220 / EEC : Belgium and the United

Kingdom have notified implementing measures ;

— 91 / 157 / EEC : Belgium has not notified any implementing

measures . Infringement proceedings have been
initiated .

(!) OJ No C 233, 30 . 8 . 1993 .

WRITTEN QUESTION E-1503 / 93

by Anthony Simpson ( PPE )

to the Commission

( 14 June 1993 )

( 94 / C 310 / 19 )

Subject : Duties of the Commission

On or about 7 October 1992 a telex signed by the Chef de
Cabinet of Vice-President Marin was sent to all EC Heads of

Delegation in the ACP countries . It reads as follows :

' The Political Affairs Committee, meeting in New York
on 21 September 1992 during the UN General Assembly,
held a preliminary exchange of views on the problems

7 . 11 . 94 Official Journal of the European Communities No C 310 / 11

raised by the election to the Security Council of certain
members of the Western Group .

In this context, the Political Affairs Committee notes the
general support given to Spain by the Community and its
Member States .

On the basis of this decision by European Political
Cooperation, Vice-President Marin wishes you to make
personal representations to the Minister of Foreign
Affairs, or, in his absence, to his deputy, with a view to
securing his support for the application by the Member
State in question .

The question raised by the Honourable Member relates to
an internal Commission document .

Members of the Commission act on behalf of the College
within their respective areas of competence . Article 157 of
the EC Treaty applies .

This should be done as soon as possible .
WRITTEN QUESTION E-1597 / 93

Ignacio Garcia-Valdecases, Chef de Cabinet ' by Giuseppe Mottola ( PPE )

to the Commission

1 . Was this letter sent on the authority of the European
Commission acting as a college ? If not, were the
Commissioners officially informed of the letter, and, if
so, when ?

2 . Was it sent at the request of the Foreign Ministers
meeting in Political Cooperation ? If not, were they
aware of it before it was sent ?

3 . Was it sent on the personal initiative of Vice-President
Marin ? If so :

( a ) By what authority did he involve himself in matters
properly the responsibility of the Ministers meeting
in Political Cooperation ?

( b ) Did he receive instructions from the Spanish
Government to send the letter ?

( c ) How does he reconcile his actions with his duty
under Article 157 of the Treaty of Rome to ' be
completely independent ' in the performance of his
duties and ' neither to seek nor take instructions

from any Government or from any other body '?

( d ) Does he regard it as part of his duty as a

Commissioner to further his own Member State 's

interests in international fora ?

Answer given by Mr Marin
on behalf of the Commission

( 20 April 1994 )

The Commission would remind the Honourable Member

that, in accordance with Article 30(3)(b ) of the Single Act ( in
force at the time of the events in question ), the Commission
was fully associated with the work of European Political
Cooperation ( EPC ).

The Commission accordingly took part in EPC meetings
before the entry into force of the Treaty on European Union
and transmitted information and instructions to its

departments for appropriate action in accordance with its
internal procedures in the matter of political
cooperation .

( 18 June 1993 )

( 94 / C 310 / 20 )

Subject : Crisis in the kiwi fruit sector — Need for a

Community system of regulation

Over 40 % of Italy 's kiwi fruit production is concentrated in
the country 's southern regions ( Campania, Apulia,
Basilicata, Calabria, Abruzzi, Molise, and Latium ), where
there are few storage facilities .

Although growers have done their utmost to improve
quality and manage supply through cooperatives and
producers ' unions, producer prices have continued to
slump, due largely to unregulated imports from third
countries, in particular Chile and New Zealand, as well as to
competition from other Member States whose produce is
being offered for sale at dumping prices .

1 . Will the Commission enforce Community preference by
invoking the protective clause in order to safeguard
producers ' income and maintain income levels ?

2 . Will it implement support measures with the aim both of
supplementing producers ' income and of revitalizing the
market by gearing it to high-quality produce ?

3 . Does it not believe that irregular, ' soft-option '
commercial policy agreements with New Zealand
should be shunned ? Instead, would it not be more
appropriate for the matter as a whole to be reviewed as
part of the GATT Uruguay Round negotiations ?

4 . In addition, will the Commission establish a specific
system of regulation under the terms of Community
policies by providing for registered designations of
origin ? Furthermore, will it re-organize the market in
tropical fruit in such a way as to eliminate the risks to
producers and meet the needs of consumers, for example
by paying the necessary grubbing premiums to those
who abandon kiwi fruit growing ?

No C 310 / 12 Official Journal of the European Communities 7 . 11 . 94

Answer given by Mr Steichen

on behalf of the Commission

( 15 December 1993 )

There is a structural problem in the kiwi fruit sector because
the constant increase in production has largely exceeded
consumption, which has been stagnant for some time .
Under these conditions, protective measures do not appear
justified .

The Commission has set quality standards for Community
kiwi fruit . The Member States are responsible for ensuring
that these standards are properly applied . In addition, the
Commission will discuss with its OECD partners the
possibility of implementing checks to ensure application of
the provisions concerning the ripeness of fruit at the time of
harvest in exporting countries . Such provisions would be
intended to support the producers ' income .

The Commission has had contacts with the New Zealand

authorities concerning, in particular, the schedules for
imports of kiwi fruit into the Community . Moreover,
intra-Community trade grew by 22,6% in 1990 — 1992,
while trade from outside the Community grew by 6 % only .
This trend is explained by the increase in European
production from 38 736 tonnes in 1985 to 450 000 tonnes
in 1992 and the drop in imports from New Zealand ( which
fell by 12% in the period 1990 — 1992 ). In addition, kiwi
fruit was among the agricultural products for which the
Community submitted an offer within the framework of the
Uruguay Round .

held in Larissa on 13 / 14 March 1993, nothing good can be
expected .

Since the environmental and cultural heritage represented
by Mount Olympus is one of the celebrated splendours of
Greece, as long as it is kept unspoilt, safeguarding its
integrity is a matter of the greatest importance .

1 . How does the Commission view the works already
carried out in Mount Olympus as regards preservation
of the mountain 's environment and its status as a

historic monument ?

2 . Is the Commission aware of the building and further
' development ' projects, and what does it think of
them ?

3 . Is it true that Community money will be invested in
projects which experts throughout Europe have spoken
out against on numerous occasions ?

4 . What guarantees can it give that the environmental

compatibility criteria will be strictly observed in all
projects co-funded by the Community ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 16 December 1993 )

The Commission has not yet been officially informed of any
schemes planned in the Mount Olympus area . Should the
Hellenic authorities apply for funding of any infrastructure
projects on Mount Olympus, the Commission will take all
necessary action to ensure that Community environmental
legislation is complied with .

WRITTEN QUESTION E-1606 / 93

WRITTEN QUESTION E-1732 / 93
by Alexander Langer ( V )

to the Commission by Gepa Maibaum ( PSE )

to the Commission

( 18 June 1993 )

( 29 lune 1993 )
( 94 / C 310 / 21 )

( 94 / C 310 / 22

Subject : Damage to Mount Olympus ( Greece ) funded by

the Community

Eminent environmentalists and mountain enthusiasts

around the world have on numerous occasions drawn the

attention of international public opinion to a series of
outrages committed against the environmental balance of
Mount Olympus ( Greece ), which is held sacred by the whole
of European civilization . The road which has been opened
— apparently unlawfully — between Kokkinoplo and

Gournes (2 600 m ), allegedly for stock-farmers, appears
rather intended to provide an additional opening for tourist
facilities . The aid for Greece from the Delors II package,
with Dr 800 million for the so-called ' development ' of the
resources of Olympus, risks exposing the mountain to an
assault similar to the one inflicted on Mount Parnassos . To

judge from the ominous statements recently made at the
' Congress for the development of the resources of Olympus '

Subject : Community education policy in respect of central

and eastern Europe, and, in particular, the
Confederation of Independent States ( CIS )

Restructuring of economic policy requires simultaneous
adaptation of the education system to democratic
structures . While central and eastern Europe and several of
the Confederation of Independent States ( CIS ) enjoy a high
standard of education, it fails to meet the new economic and
social requirements . The EC has a major task to fulfil in this

respect .

1 . Does the Commission have a planning unit exclusively
concerned with education in central and eastern Europe
and, in particular, the CIS ?

2 . Are the Phare and Tacis Programmes sufficient to
contribute to the development of democratic
educational structures ?

7 . 11 . 94 Official Journal of the European Communities No C 310 / 13

3 . Does the Commission have any programme which,
together with measures under Tempus II, also includes
measures in respect of vocational training ?

4 . Does the Commission intend to hold briefing sessions
for specialists in education and education policy
responsible for assisting in the drawing up of future
education legislation ?

5 . With which members of the CIS has the Commission

already commenced cooperation in the education
sector ?

6 . Is the Commission coordinating its education policy
measures concerning the CIS with the Council of Europe
and Unesco ?

7 . Does the Commission know how many of the open
universities in the Russian republics are still
functioning ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 28 March 1994 )

1 . The Commission has three units concerned with the

support of education and training reform in the central and
eastern European countries ( CEECs ) and the Newly
Independent States ( NIS ) of the former Soviet Union . The
Directorate-General for External Economic Relations has a

special unit for education and training reform projects
supported under the Phare Programme and a similar unit for
the Tacis Programme . The Task Force Human Resources,
Education, Training and Youth includes a unit that is
responsible for the implementation of the Tempus
Programme .

2 . The Phare contribution to education and training
reform and to sectoral training actions amounts to about
ECU 450 million over the years 1990 — 1993 . The Tacis
contribution to education and training reform, including
management training, is about ECU 130 million over the
period 1991—1993,

In this way the Community makes a substantial
contribution to the development of effective and democratic
education and training systems in the beneficiary countries .
At the same time, it is clear that demand for assistance
exceeds available funds .

3 . Other than Tempus, education and training reform
programmes are supported by Phare in Poland, Czech
Republic, Slovak Republic, Flungary, Bulgaria and in the
regional cooperation framework . For the other CEECs,
education and training reform will be discussed within the
programming of Phare assistance in the period
1994 — 1996 .

In the area of vocational training Tacis has given particular
attention to the low and middle levels of management . A

major involvement in vocational training is envisaged from

1994 onwards .

Following the European Council 's recent decision on the
seat of the European Training Foundation, this new
institution will further enhance the Community 's support to
the development of education and ( vocational ) training in
the CEECs and the NIS .

4 . Staff development for policy and administrative
officials at the national, regional and local levels are key
parts of education and training reform programmes
supported by Phare and Tacis . Usually such actions include
study visits to counterparts in the Member States, with a
view to achieving knowledge transfer and establishing
lasting cooperation .

5 . In the Russian Federation, Ukraine, Kazakhstan,
Uzbekistan, Georgia and Moldova, education and training
projects are already being implemented . In Azerbaijan and
Turkmenistan specific projects will become operational in

1994 .

6 . The Commission seeks good coordination of
operational activities in the education and training sectors in
the NIS with other major bilateral and multilateral
institutions . In this framework coordination with Council

of Europe and Unesco is planned .

7 . The Commission is aware that the Russian Federation

has a long experience in distance education programmes,
through which millions of students have received training .
Building on that experience, the Tacis Programme supports
pilot projects using distance education in areas such as the
functioning of a market economy, privatization, joint
ventures and banking .

WRITTEN QUESTION E-1905 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

( 15 July 1993 )

( 94 / C 310 / 23 )

Subject : ' Utilization ' of appropriations for technical
assistance from the Delors I package in the south
Aegean region

Information recently presented to the Greek Parliament
shows that the way in which the technical assistance
appropriations from the Delors I package are being used in
the region of the south Aegean ( prefectures of the Cyclades
and the Dodecanese ) is, to say the least, provocative .

No C 310 / 14 Official Journal of the European Communities 7 . 11 . 94

As examples of this, I would mention :

1 . Theologians and philologists — i.e. people whose
specialist areas have no connection with the objective of
the technical support for public investment programmes
— receive remuneration from the funds in question,

and

2 . Considerable sums have been received by civil servants
who have been arbitrarily proclaimed ' self-employed '.
Will the Commission investigate the whole affair ?

Answer given by Mr Millan
on behalf of the Commission

( 10 February 1994 )

According to the Commission 's knowledge the Greek
authorities dispute the accuracy of this information . They
have concluded that no irregularity has been committed,
either as regards the qualifications and status of the persons
remunerated from the funds in question or as regards the
level of that remuneration .

WRITTEN QUESTION E-l 907 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

( IS July 1993 )

In particular, the Conventional Rail Working Group is
preparing a Guideline which will be presented in a
Commission communication in the next few months . Most

of the links mentioned in the qustion are likely to be
included in the proposal .

Infrastructure projects to be financed in the framework of
the Cohesion Fund should be based on the networks

referred to above .

In the meantime initiatives in the field of transport
infrastructures are based on Council Regulation ( EEC )
No 1738 / 93 ' For an action programme in the field of
transport infrastructure with a view to the completion of an
integrated transport market ( ! ).'

This Regulation includes inter alia the possibility of
financial support for the strengthening of land
communications within and with Greece . For 1993, the
following projects will be financially supported in the
framework of the Regulation :

— railway line Palaiofarsalos — Kalambaka : completion of

the widening ( ECU 7 million );

— Igoumenitsa port railway connection studies ( ECU 2,4

million );

— completion of studies for the new double trackline

( normal width Piraeus — Athens — Korinth ).

t 1 ) OJ No L 161, 2 . 7 . 1993 .

( 94 / C 310 / 24 ) WRITTEN QUESTION E-1910 / 93

by Sotiris Kostopoulos ( PSE )

Subject : Rail transport in Greece to the Commission

( 15 July 1993 )

Rail transport in Greece can be strengthened only by ( 94 / C 310 / 25
completing key links in the country such as the following
lines : Thessaloniki — Amphipolis — Kavala — Xanthi,
Kalambaka — Kozani, Kalambaka — Ioannina — Subject : Participation intellectual workers and rights
Igoumenitsa and Ioannina — Patras ( with provision for a
rail link to Rion — Antirion ).

Subject : Participation and rights in general of creative

intellectual workers

As most goods are transported by road in Greece, will the
Commission make any proposals for the early completion of
these crucial rail links in Greece and thereby strengthen the
position of rail transport in Greece ?

Answer given by Mr Matutes

on behalf of the Commission

( 21 December 1993 )

In the framework of the realization of trans-European
networks, several working groups have been set up under
the chairmanship of the Commission and with the
participation of experts of governments and railway
companies to identify the High-Speed train, the Combined
Transport and the Conventional Railway networks for the
Horizon 2010 .

Can the Commission give details of the level of participation
of creative intellectual workers, represented principally by
their professional organizations, in the formulation of the
Member States ' legislation on intellectual property and
related rights ?

Are there any plans for harmonization of legislation so that
creative intellectual workers will enjoy the same rights
throughout the Community ?

What initiatives have been taken and what progress has been
made towards putting them into practice ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(9 December 1993 )

The need to establish the single market in 1992 and the
impact of new communications technology have brought

7 . 11 . 94 Official Journal of the European Communities No C 310 / 15

the question of copyright and neighbouring rights to the
forefront of the Commission 's concerns . An initial

consultative document, the Green Paper on copyright and
the challenge of technology ( x ), enabled a discussion to be
launched . A Directive on the legal protection of computer
programs was adopted ( 2 ), with a deadline of 1 January

1993 for incorporating it into national law . Consultations
were then held with those concerned, resulting in the
publication of a work programme entitled ' Follow-up to the
Green Paper ' ( 3 ), in which the Commission mapped out the
action to be taken by 31 December 1992 . The work
programme envisaged that all Member States would accede
to certain international conventions and harmonize their

national legislation on a number of matters . Of the six
proposals made, five were brought to fruition :

1 . On 14 May 1992 the Council adopted a resolution
noting that the Member States, in so far as they had not
already done so, undertook to become party to the Berne
and Rome Conventions by 1 January 1995 ( 4 ).

2 . A proposal for a Directive on rental right and lending
right and on certain rights related to copyright in
the field of intellectual property was adopted by
Council Directive 92 / 100 / EEC ( 5 ). The deadline for
incorporating this Directive into national law is 1 July

1994 .

3 . A Directive on the coordination of certain rules

concerning copyright and rights related to copyright
applicable to satellite broadcasting and cable
re-transmission was adopted by Council Directive
93 / 83 / EEC ( 6 ). The deadline for incorporating this
Directive into national law is 1 January 1995 .

4 . A common position was adopted on 22 July 1 993 on the
proposal for a Directive harmonizing the term of
protection of copyright and certain related rights ( 7 ).

which the European representative associations were invited
to explain and compare their views .

( J ) COM(88 ) 172 final .

( 2 ) OJ No L 122, 17 . 5 . 1991 .

( 3 ) COM(90 ) 584 final .

( 4 ) OJ No C 138, 28 . 5 . 1991 .

( 5 ) OJ No L 346, 27 . 11 . 1992 .

( 6 ) OJ No L 248, 6 . 10 . 1 993 .

( 7 ) COM(92 ) 602 final .

( 8 ) COM(92 ) 24 final — SYN 393, 13 . 5 . 1992 .

WRITTEN QUESTION E-2026 / 93

by Raymonde Dury ( PSE )

to the Commission

( 23 July 1993 )

( 94 / C 310 / 26 )

Subject : Unfair competition in chemicals

The Commission recently decided to accelerate the opening
up of the Community 's market to the countries of central
and eastern Europe .

What arrangements have been made for the chemicals
sector ?

Does the Commission intend to include clauses, on labour
matters, respect for the environment and health and security
measures in the trade agreements covering this sector ?

What safeguards and correcting mechanisms will the
Commission introduce to defend Community trade against
social and economic dumping by the countries of central
and eastern Europe ?

WRITTEN QUESTION E-2028 / 93

by Raymonde Dury ( PSE )

to the Commission

5 . A proposal for a Directive on the legal protection of
databases is currently under discussion within the ( 23 July 1993 )
Council ( 8 ). ( 94 / C 310 / 27 )

Subject : Unfair competition in steel

The sixth proposal concerns private copying . At the end of
last year the Commission decided that this matter required The Commission recently decided to accelerate the opening
closer examination . Consultations have taken place with up of the Community 's markets to the countries of central
those concerned, and a specific discussion document has and eastern Europe .
been distributed by the Commission .

It is reported that specific measures have been taken
regarding steel . What are they ?

On all the aspects mentioned, the Commission has sounded
out the views of all those concerned . Hearings were
organized on most points and took place in two stages :
firstly, a questionnaire was sent out to those representing the
interests concerned and, secondly, hearings took place at

Does the Commission intend to include clauses on labour

matters in the trade agreements covering this sector ?

What safeguards and correcting mechanisms will the
Commission introduce to defend Community trade against

No C 310 / 16 Official Journal of the European Communities 7 . 11 . 94

social and economic dumping by the countries of central
and eastern Europe ?

WRITTEN QUESTION E-2029 / 93

by Raymonde Dury ( PSE )

to the Commission

( 23 July 1993 )

( 94 / C 310 / 28 )

Subject : Unfair competition in textiles

The Commission recently decided to accelerate the opening

up of the Community 's markets to the countries of central
and eastern Europe .

It is reported that specific measures have been taken
regarding textiles . What are they ?

Does the Commission intend to include clauses on labour

matters in the trade agreements covering this sector ?

What safeguards and correcting mechanisms will the
Commission introduce to defend Community trade against
social and economic dumping by the countries of central
and eastern Europe ?

WRITTEN QUESTION E-2030 / 93

by Raymonde Dury ( PSE )

to the Commission

( 23 July 1993 )

( 94 / C 310 / 29 )

Subject : Access for the countries of central and eastern

Europe to the Communityls markets

The Commission recently decided to accelerate the opening
up of the Community 's markets to the countries of central
and eastern Europe and to do in two years what the
agreements had planned to be done over four years .

What safeguards and correcting mechanisms will the
Commission introduce as part of its commercial policy to
counter social and economic dumping by the countries of
central and eastern Europe ( cf . road haulage and inland
waterway transport )?

Joint answer to Written Questions
E-2026 / 93, E-2028 / 93, E-2029 / 93 and E-2030 / 93

given by Sir Leon Brittan
on behalf of the Commission

( 22 December 1993 )

1 . On the general trade defense mechanisms, application
of competition rules and approximation of legislation in the

Europe and Interim Agreements with the countries of
central Europe ( Poland, Hungary, Czech and Slovak
Republics, Romania and Bulgaria ) and on the specific
questions concerning the chemical product imports from
these countries, the Commission refers to its reply to oral
question H-0714 on these same subjects from the
Honourable Member .

2 . On steel products the conclusions of the Presidency of
the June 1993 European Council in Copenhagen state
that :

' Customs duties on imports applicable in the
Community on ECSC steel products originating in
associated countries will be abolished at the latest at the

end of the fourth year after the entry into force of the
, Agreement ( instead of the end of the fifth year ), subject

to compliance with specific decisions relating to trade in
steel products .'

The protocol on trade in ECSC products, attached to the
Europe and Interim Agreements with the central European
Countries provides for specific measures concerning
competition in respect of agreements between undertakings ;
abuse of dominant position and public aid in this sector . The
Europe and Interim Agreements with Romania and Bulgaria
provide in addition specific safeguard measures on trade in
ECSC steel products ( Article 5 of Protocol 2 ). It may be
remembered that in August 1992 the Commission decided
on a number of safeguard measures in respect of imports
into three Member States of a number of steel products from
the former Czech and Slovak Federal Republic . Following
negotiations in 1993 with the Czech and Slovak Republics
the EC-CSFR Joint Committee decided on tariff quotas for
imports into the Community of the most sensitive products
for the period 1993 to 1995, subject to annual review ( ] ). In
case of dumping, the general anti-dumping provisions
apply . A number of anti-dumping measures are presently in
force in respect of steel products from several central
European countries .

3 . On textile products the conclusions of the Presidency
of the June 1993 European Council in Copenhagen state
that :

' The exemption from customs duties as from the
beginning of 1994 for products concerned by outward
processing operations and covered by Regulation ( EEC )
No 636 / 82 will be extended in conformity with this
Regulation, duly modified for this purpose . Customs
duties on imports into the Community of textile
products will be reduced in order to arrive at their
elimination at the end of a period of five years starting
from the entry into force of the Agreement ( instead of six
years ).'

The additional protocol on trade in textiles provides for
quantitative restrictions for a period of five years starting
on 1 January 1993 ( Council Decision 92 / 625 / EEC ( 2 )).
Furthermore it provides for specific measures in respect of
those textiles which are no longer subject to quantitative
limits allowing the imposition of a surveillance system and

7 . 11 . 94 Official Journal of the European Communities No C 310 / 17

possibly the temporary re-introduction of appropriate
quantitative limits .

4 . As stated in its reply to oral question H-714 / 93, the
Commission is convinced that improved market access is
crucial for the success of the difficult transition process in
central Europe . The Commission is equally determined to
take action in cases of unfair competition . At present
anti-dumping measures are in force in respect of 12 products
involving each time one or more countries from central
Europe . More cases are under investigation .

It is worth noting that, in spite of asymmetry in the timing of
trade concessions, Community exports to the central
European countries ( Poland, Hungary, Czech and Slovak
Republics, Romania, Bulgaria ) have grown faster than
Community imports from these countries, resulting in a
trade surplus in favour of the Community of ECU 2,5 billion
in 1992 .

(») OJ No L 157, 29 . 6 . 1993 .

( 2 ) OJ No L 410, 31 . 12 . 1992 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 10 December 1993 )

The Commission would point out that the Court, in its
judgment of 30 May 1989 (*), held that national legislation
which makes the exercise of the right to purchase or use
immovable property by nationals of other Member States
subject to restrictions not imposed on nationals is a
hindrance to the exercise of freedom of establishment and

the freedom to provide services, contrary to Articles 52 and
59 of the Treaty .

According to the information available to the Commission,
Greece is complying with the principle of
non-discrimination and its obligations under the Treaty by
granting the same entitlements to Community
non-nationals as to its own nationals with regard to the
purchase of land and businesses in order to facilitate
investments in Greek territory ( Laws 1892 / 90, 1898 / 90 and

1914 / 90 ). No provision in Community law stipulates for
different treatment of Community citizens originally from
third countries .

Moreover, where the national law of a Member State allows
its nationals to possess double nationality, it is the
nationality of a Member State which takes precedence for
WRITTEN QUESTION E-2067 / 93 the purposes of Community law ( 2 ).

by Sotiris Kostopoulos ( PSE )

to the Commission
(') Case 305 / 87 .

( 23 July 1993 ) ( 2 ) Judgment of 7 July 1992, Case C-369 / 90 Micheletti .

( 94 / C 310 / 30 )

Subject : Turkish purchases of land and businesses in

Thrace through Germany

The newspaper, ' Pondiki ', reported on 27 May 1993 that
Turkish businessmen who have acquired German
nationality and are thus European Community citizens are
buying land and businesses in Thrace and accumulating
capital for investments in Xanthi and Komotini .

To what extent are citizens from third countries which

threaten the national independence of a Member State, in
this particular case Turkey in relation to Greece ( occupied
Cyprus, systematic and daily violations of territorial waters
and air space ), entitled to buy land and businesses without
constraint ?

Does the Commission intend to impose restrictions,
particularly in view of the problems of having borders with
regions which have expansionist designs, and how can the
sovereign rights of citizens of the Member States be
protected against the free movement of capital from third
countries ?

WRITTEN QUESTION E-2076 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

( 23 July 1993 )

( 94 / C 310 / 31 )

Subject : Exclusion of Greece from food-aid tenders

Can the Commission confirm reports that the Community
has accused Greece and Albania of illicitly trading 5 500
tonnes of flour and of black-market dealings with the
Muslims in Bosnia-Herzegovina and that for this reason
Greece has been excluded for the time being from food-aid
tenders ? If the Commission can confirm this, when does it
expect to complete its investigations to clear the matter
up ?

No C 310 / 18 Official Journal of the European Communities 7 . 11 . 94

Answer given by Mr Marin
on behalf of the Commission

( 17 December 1993 )

The Commission is unaware of any accusation against
Greece and Albania concerning 5 500 tonnes of flour
smuggled to the Muslims in Bosnia .

The Commission would point out that at no time have

Greek suppliers been excluded from Community food aid
tenders organized by the Commission, for either the reason
stated or any other reason .

WRITTEN QUESTION E-2125 / 93

by Anita Pollack ( PSE )

to the Commission

( 26 July 1993 )

( 94 / C 310 / 32 )

Subject : Urban environment green paper

What steps has the Commission taken to follow up the
recommendations in the Pollack report on the urban
environment green paper ( 1991 ) that cycling should form a
major plank of EC policy for urban areas in recognition of
its environmental benefits ?

Answer given by Mr Matutes

on behalf of the Commission

( 12 January 1994 )

In its White Paper on the Future of the Common Transport
Policy, published in December 1992 the Commission
established the priorities for the common transport policy
for the coming years .

One of these priorities is the encouragement and promotion
of safe public transport and support for local initiatives in
favour of cyclists and pedestrians .

The Commission is well aware of the positive role which can
be played by increased use of bicycles, and works closely
together with the European Cyclists Federation .
Commission officials attended the Velo-City Conference in
Nottingham UK, in September of this year .

Within the limits of the subsidiarity principle, the
Commission will continue to take cycling into account in its

policies in relation to urban transport and urban
environment .

(!) COM(92 ) 494 final .

WRITTEN QUESTION E-2147 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

( 26 July 1993 )

( 94 / C 310 / 33 )

Subject : Discovery in a cargo of Egyptian potatoes of

bacteria posing a deadly threat to agricultural
production

Bacteria posing a deadly threat to agricultural production,
Pseudomonas Solanacearum, were discovered at the
beginning of May in a shipment of Egyptian potatoes which
arrived on board the vessel Lady Nora at the port of Kyllini
in Ilia . Given that more than 6 000 tonnes of Egyptian
potatoes have recently been sold on the Greek market, will
the Commission say whether the Greek authorities have
notified the Community of this incident ?

Answer given by Mr Steichen

on behalf of the Commission

( 16 December 1993 )

1 . Council Directive 77 / 93 / EEC ( ] ) on protective
measures against the introduction into the Community of
organisms harmful to plants or plant products and against
their spread within the Community, as last amended by
Council Directive 93 / 19 / EEC ( 2 ), requires, at Article 15.1
that each Member State shall immediately notify the
Commission and the other Member States of the

appearance, in part of its territory in which their presence
was previously unknown, of any of the harmful organisms
listed in the Directive .

2 . In accordance with this specific requirement, the
Commission received two notifications from the Greek

Plant Protection Service ( also addressed to Member States )
during the last past importing season :

— the first notification from Greece was received by the

Commission on 6 May 1993, informing it that
Pseudomonas solanacearum infection had been found in

ware potatoes imported by Greece from Egypt, and that
the infected consignment had been returned ( i.e. rejected
— not landed ).

— the second notification from Greece, on the same

subject, was received by the Commission on 24 May

1993, in this instance with added detail that the infected
consignment was of 150 tonnes, and had been

7 . 11 . 94 Official Journal of the European Communities No C 310 / 19

transported to Greece from Egypt in the ship, MV .
' Marina '. This consignment, too, was returned .

3 . As a consequence of these notifications of
interception, and similar notifications from certain other
Member States, the Commission has written to the Egyptian
authorities, bringing this situation to their attention, and
seeking an official response .

I 1 ) OJ No L 26, 31 . 1 . 1977 .

( 2 ) OJ No L 96, 22 . 4 . 1993 .

The Commission would point out that some of the
Directive 's provisions are of direct application, allowing
economic operators to benefit by them .

WRITTEN QUESTION E-2214 / 93

by Anthony Wilson ( PSE )

to the Commission

( 29 July 1993 )

( 94 / C 310 / 35 )

WRITTEN QUESTION E-2177 / 93

by José Valverde Lopez ( PPE )

to the Commission

( 28 July 1993 )

( 94 / C 310 / 34

Subject : Reasons invoked by Spain for failing to implement

the Directive on telecommunications terminal

equipment

Could the Commission provide me with a copy of all final
yearly reports produced by the project 's management since
the project was started ?

Subject : The Cecap project in the Philippines

It has come to my attention that the indigenous people of the
Cordillera in the Philippines complain of the negative
consequences on their lives of an agricultural programme
called Cecap, which is financed by the EC .

What is the Commission 's position concerning Spain 's was
failure — affecting the areas of telecommunications, the
information industry and technological innovation —
to implement Directive 91 / 263 / EEC C ) on
telecommunications terminal equipment ? Answer given by Mr Marin
on behalf of the Commission

(M OJ No L 128, 23 . 5 . 1991, p . 1 . (3 December 1993 )

Answer given by Mr Bangemann

on behalf of the Commission

( 20 December 1993 )

The Commission considers it most important that Member
States implement Directives within the given deadlines .

Spain has indeed failed to take all the measures laid down in
the Directive on the mutual recognition of the conformity of
telecommunications terminal equipment ( 91 / 263 / EEC ) and
to provide a satisfactory explanation for the delay . The
infringement proceedings instituted by the Commission for
failure to communicate the national implementing measures
were closed following the communication by the Spanish
Government in March 1993, within the framework of this
Directive, of Law No 32 / 93 .

In June 1993 the Spanish Government also notified the
Commission of the body designated to carry out product
control and certification, thereby allowing the procedures
laid down in the Directive to be implemented and
establishing the necessary framework for mutual
recognition of the conformity of terminal equipment, which
is the aim of the Directive .

The Commission is now examining the conformity of Law

No 32 / 93 with the Directive .

The Cecap project was prepared in 1986 / 87, at the request
of the Philippines Government, to help improve living
conditions of some of the poorest communities in the
Central Cordillera . Taking account of the complex social
conditions in the area, and the importance of safe-guarding
local community traditions, the project was intentionally
designed as a micro-projects programme, emphasising full
consultation with the local communities on the

identification and preparation of micro-projects and their
full participation in the implementation of them .

It is true that at the time the period was being finalized ( in

1987 ) the Commission received indications that certain
NGOs in the project area felt that there had been insufficient
consultation with the local communities . To correct this,
Commission staff visited the project area in September
1987, and took part in a series of formal and informal
consultation meetings with local communities and NGOs . It
was emphasized that the full consultation which was
envisaged, at the grass-roots level and in relation to each and
every micro-project, could only genuinely be carried out
once the project was in place .

Since it began its operations in 1988 the project has been
particularly successful in ensuring that the local
communities, village and farmers ' associations take part in
project identification, preparation and implementation . No

No C 310 / 20 Official Journal of the European Communities 7 . 11 . 94

micro-project can start without the agreement of the Does the Commission consider that the relevant budget
community which it will serve . The latter indeed plays an heading should be adjusted to meet the increasing needs ?
active part in micro-project identification, implementation
and evaluation .

The Commission had not heard directly of any particular Answer given by Mr Marin
concern expressed by local communities regarding the on behalf of the Commission
project other than the initial misunderstanding in 1987 . The
Commission 's Delegation in Manila is ready to meet the ( 10 February 1994 )
local NGOs and community groupings to discuss the Cecap
project further .

( 10 February 1994 )

Palestinian refugees registered with UNRWA live in
Lebanon, Syria, Jordan, the West Bank and the Gaza Strip .
Since 1967 their number has only increased through
demographic growth and has now reached 2,7 million
refugees .

WRITTEN QUESTION E-2246 / 93

by Pol Marck ( PPE )

to the Commission

( 30 July 1993 )

( 94 / C 310 / 36 )

Subject : UNWRA budgetary situation

The constantly growing stream of refugees into the occupied
Palestinian territories is leading to constantly increasing
expenditure by UNWRA .

The European Community has been providing assistance to
Palestinian refugees since 1972 ( see figures below ), in the
framework of its three year conventions with this Agency
the Community has responded to the demographic increase
in ways that have always been agreed with UNRWA .

The Commission is now in the process of negotiating the
eighth convention which will cover the period 1993 — 1995 .
It is expected that the new convention will significantly
boost the Community contribution to UNRWA 's regular
and expanded programmes .

UNRWA

EC contribution to UNRWA

Exceptional and

( in million ECU )

Non ­ Occupied total

Territories Occupied Occupied Territories

emergency

Non ­

Occupied
Territories

Year Education Health Food aid

Total

registered

programmes

Sub-total

­
Develop
ment aid

Occupied
Territories

Grand

1971 0,2 0,2 0,20 0,20

1972 — — 2,1 2,1 — — 2,10 — 2,10

1973 — — 5,6 5,6 — — 5,60 — 5,60

1974 7,5 — 12,7 20,2 — — 20,20 — 20,20

1975 — — 11,1 11,1 — — 11,10 — 11,10

1976 — — 12,8 12,8 — — 12,80 — 12,80

1977 — — 14,5 14,5 — — 14,50 — 14,50

1978 - — — 14,1 14,1 — — 14,10 — 14,10

1979 — — 14,0 14,0 — — 14,00 — 14,00

1980 — — 15,4 15,4 — — 15,40 — 15,40

1981 — — 22,6 22,6 — — 22,60 — 22,60

1982 16,0 — 9,9 25,9 — — 25,90 — 25,90

1983 15,1 — 11,4 2 6,5 — — 26,50 — 26,50

1984 15,0 — 13,0 28,0 — — 28,00 — 28,00

1985 17,0 — 13,7 30,7 — 0,25 30,95 0,04 30,99

1986 17,0 — 14,5 31,5 — — 31,50 — 31,50

1987 20,0 — 15,1 35,1 0,20 1,45 36,75 0,85 37,60

1988 20,0 — 18,3 38,3 0,19 — 38,49 0,17 38,66

1989 20,0 — 19,2 39,2 0,29 — 39,49 — 39,49

7 . 11 . 94 Official Journal of the European Communities No C 310 / 21

Exceptional and

Total

­
emergency Develop
ment aid

Sub-total

Non ­ Occupied

Territories

Year Education Health Food aid registered Non ­ Sub-total Occupied total
programmes Territories Occupied Occupied Territories

Sub-total

Grand

Non ­

Occupied
Territories

1990 21,0 1,0 18,7 40,7 0,53 41,23 1,39 42,62

1991 22,0 2,0 20,2 44,2 12,66 1,14 58,00 12,00 70,00

1992 23,0 3,0 19,1 45,1 1,13 0,32 46,55 — 46,55

Total 213,6 6,0 298,2 517,8 14,47 3,69 535,96 14,45 550,41

WRITTEN QUESTION E-2256 / 93

by Giuseppe Mottola ( PPE )

to the Commission

(1 September 1993 )

( 94 / C 310 / 37 )

Subject : Registered designation of origin for buffalo milk

mozzarella cheese produced in Campania

Since 1988 a group of entrepreneurs, buffalo farmers, and
processors, supported by certain public bodies ( chambers of
commerce, provincial authorities, and development
agencies ) have been calling on the appropriate regional and
national bodies to grant a registered designation of origin to
buffalo milk mozzarella cheese produced in Campania
(' mozzarella di bufala campana ').

The manufacture of this product is a sizeable branch of
production and important in economic and employment
terms . There are over 400 farms in Campania with
approximately 50 000 working buffaloes, as well as some
500 processing companies . A work-force of about 2000 is
employed in farming, processing, marketing, and
distribution, and the produce is worth over Lit 250
billion .

The move to obtain a registered designation of origin
accords with Community rules on the typical character,
distinctive nature, and labelling of high-quality produce .

The Ministry of Agriculture has given its approval, but the
Ministry for Industry is refusing permission, even though
the production regulations were endorsed some time ago .

1 . Could the Commission ask the Italian Minister for

Industry and Commerce to explain the reasons
preventing a registered designation of origin being
granted to buffalo milk mozzarella cheese produced in
Campania ?

2 . Does the Commission not believe that it should conduct

an investigation, given that the refusal to date to grant a
registered designation of origin appears to stem from a
bias towards the large agri-foodstuffs companies to the
detriment of small   - and medium-scale farmers and

producers of buffalo milk mozzarella who have formed

cooperatives and unions to defend the product, ensure
its survival, and enhance its reputation as a typical
regional speciality ?

3 . Does the Commission not believe that in the light of the
new Structural Fund and CAP guidelines, it should grant
preferential contributions and loans to defence unions
to enable them to carry on the business of making and
marketing typical products ?

Answer given by Mr Steichen

on behalf of the Commission

(2 December 1993 )

Regulation ( EEC ) No 2081 / 92 ('), which entered into force
on 26 July 1993, establishes a Community system of
protection based on the registration of geographical
indications and designations of origin of agricultural
products and foodstuffs . This system replaces the national
systems . However, Article 5 stipulates that :

— applications for registration by groups of producers

and / or manufacturers must be sent to the Member State

in which the geographical area concerned is located ;

— the Member State is responsible for checking that an

application is justified within the meaning of Articles 2
and 4 of the Regulation .

If the Member State considers that an application is
justified, it forwards it to the Commission, which carries out
the formal examination . If the Commission concludes that a

designation transmitted to it by a Member State does not
meet the conditions for protection, it decides by regulatory 1
committee procedure ( where all the Member States are
represented ) not to carry out the publication provided for in
Article 6(2 ) of the Regulation . The Commission cannot
know of registration applications which have not been
transmitted to it by a Member State . The procedure
provided for in the Regulation shows that in adopting this
legislation the Community took into account the
requirements of the principle of subsidiarity .

The Council Regulation does not provide for aid for groups
engaged in managing and marketing traditional products,
although this possibility was provided for in the
Commission 's original proposal .

(!) OJ No L 208, 24 . 7 . 1992 .

No C 310 / 22 Official Journal of the European Communities 7 . 11 . 94

WRITTEN QUESTION E-2284 / 93

by Nel van Dijk ( V )

to the Commission

(1 September 1993 )

94 / C 310 / 38

Subject : Restrictions on imports of jute

As the Commission is aware, in Bangladesh alone 25 million
people depend on the production of jute which accounts for
35 % of that country 's total annual exports .

How does the Commission intend to prevent the provisions
of the European packaging Directive and national
legislation on waste management from having a detrimental
effect on sales of jute as a packaging material ( which is
supported by export promotion programmes financed by
the Community budget )?

Does the Commission not agree that practical application of
the legislation referred to above is inconsistent with the
objectives of the international jute agreement to which the
EC is a party ?

WRITTEN QUESTION E-2285 / 93

by Nel van Dijk ( V )

to the Commission

(1 September 1993 )

( 94 / C 3 10 / 39

Subject : Jute used in packaging

Can the Commission state why it has so far failed to make
clear that it can never be the intention to keep off the market
natural packaging materials, such as jute, which cause no
damage to the environment whatsoever but which do not fit
within the classificatory system of the Commission 's
proposed packaging Directive ?

What steps will the Commission take to make good this
omission, given that a number of least developed countries,
Bangladesh in particular, are heavily dependent on the
product in question ?

Joint answer to Written Questions

E-2284 / 93 and E-2285 / 93

given by Mr Paleokrassas
on behalf of the Commission

( 23 March 1994 )

The proposal for a Council Directive on packaging and
packaging waste ( x ) is based on the principle of conditional

equivalence between packaging systems, packaging
materials and packaging waste management alternatives,
which is basic both under internal market and

environmental considerations . The approach does not
intend to discriminate or ban any specific material but to
assure an environmentally sound management of
packaging .

The amended proposal ( 2 ) incorporates amendments which
take into account the particularities of some materials . In
particular, composting is included in the definition of
recycling ( Article 3 ) and biodegradable packaging in the
requirements specific to the recoverable nature of packaging

( Annex II ).

It is stated in the explanatory memorandum of the amended
proposal that

' amendments relating to third countries have been
considered as unnecessary as the Directive applies to all
packaging placed on the market in the Community and
any specific problems should be solved at GATT
level '.

The Community is committed to establishing common
rules, in compliance with its international commitments, in
particular under GATT .

Article 7 on essential requirements states that Member
States shall take appropriate measures to ensure that
packaging may be placed on the market only if it complies
with essential requirements set out in Annex II .

These elements are included in the text corresponding to the
political agreement on a common position which was
reached in the Environment Council on 15 December

1993 .

In particular, it is no longer necessary that packaging is

100% bio-degradable to be considered bio-degradable .

The only specific provision in the Directive is now in a new
Article 7b and relates to limits to heavy metal contents
which do not affect jute . In relation to the other
requirements an amendment has been included under which
the percentage for material re-cycling may vary depending
on the type of material . Compliance with Annex II is
presumed in case of conformity with the relevant
harmonized standards or national standards . A

communication and revision procedure is set up .

Accordingly, at the moment there is no enforceable standard
in direct relation with jute . Any such standard, in the
framework of Annex II, would be established in the future
taking into account all relevant elements and in particular
the International Agreement on Jute .

It is to be noted, for example, that the requirement on
minimization of volume and weight of packaging is to be

7 . 11 . 94 Official Journal of the European Communities No C 310 / 23

developed with standards for the appropriate cases and this
is on a non-discriminatory basis between materials .

It is clear that any standard, either national or harmonized,
which would discriminate unfairly against jute is not to be
accepted by the Commission . In this respect the information
provided on the importance for a number of developing
countries, such as Bangladesh, of jute 's production is to
constitute a valid reference, in that the standards which
might be eventually developed on jute should not constitute
an unfair barrier to trade, account taken of the technical and
economic capacities of the jute producing countries .

Concerning the targets on recovery and re-cycling
established in Article 4, the present text establishes a global

( all material together ) recovery target range of 50 % to 65 %
and a global re-cycling target range of 25 % to 45 % . At the
same time specific materials should re-cycle a minimum

15 % . There is no specific mention of jute and interpretation
remains open here . 15 % recycling is nevertheless considered
feasible .

The contribution of jute to the global target ranges may vary
from one Member State to another . It is very early to predict
the potential negative consequences in respect to jute
packaging materials but these should not be very serious .
Jute has a re-cycling and recovery potential which is to be

increased gradually and it is expected that a spirit of mutual
cooperation between Member States and jute producing
countries will avoid inappropriate burdens on this basic
material .

In relation to specific national provisions, they have to
comply with the EC Treaty and the international agreements
to which the Community has subscribed . In the future as
well, they are to be compatible with the packaging
Directive .

(') COM(92 ) 278 final .

( 2 ) COMÍ93 ) 416 final .

German authorities, since Community legislation on the
right of residence only applies for complete foreigners,
whether individual or families residing in Germany . A
foreigner who has been married to a German national for
three years may apply for German nationality .

If a Filipino woman married to a German national wishes to
travel within the EC, she is accordingly required to apply for
a visa for each country in which she wishes to travel .

Does the Commission consider that foreigners living in
Germany and marrying foreigners should receive more
favourable treatment than foreigners marrying German
nationals ?

What steps does the Commission intend to take to remedy
this major injustice ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 22 March 1994 )

The Commission is unaware of any practice on the part of
the German authorities whereby EC residence permits are
issued to non-Community nationals who are members of
the families of Community nationals exercising their right to
freedom of movement . Under Community law, where a
member of a family is not a national of a Member State, he
or she is issued with a residence permit having the same
terms of validity as that issued to the family member of
whom he or she is a dependant . However, such a permit,
which is not marked ' Residence permit of a national of an
EC Member State ', does not entitle its holder to travel freely
within the Community . As Community law stands at
present, Member States may require family members who
are not nationals of a Member State to apply for a visa, but
they must afford Such persons every opportunity to obtain
the visas they need and they must issue them free of
charge .

WRITTEN QUESTION E-2316 / 93
by Hedwig Keppelhoff-Wiechert ( PPE ) WRITTEN QUESTION E-2366 / 93

to the Commission by Virginio Bettini ( V )

( 1 September 1993 ) to the Commission

( 94 / C 310 / 40 (1 September 1993 )

( 94 / C 310 / 41

Subject : EC residence permit

Subject : Construction of a service centre in San Feliciano di

Filipino women married to British and Dutch nationals
employed in Germany are issued by the German authorities
with an EC residence permit entitling them to travel within
the EC without a visa .

On the other hand, a Filipino woman married to a German
national is not issued with an EC residence permit by the

Magione ( Umbria Region — Italy ): infringement
of the IMP criteria laid down by Umbria
Region

The Commune of Magione and Umbria Region are planning
to build a service centre near San Feliciano, close to the
shores of Lake Trasimeno .

No C 310 / 24 Official Journal of the European Communities 7 . 11 . 94

The centre comprises a discotheque, a games room with
video and computer games, a fast-food restaurant, five
water chutes, and a shopping centre .

The proposed construction site is classed for regional
planning purposes as being of special nature and
environmental interest . It was previously subject to
restrictions on the grounds of natural beauty within the
meaning of the 1939 Law No 1497 and now falls within the
Trasimeno-Pausillo Regional Park .

The project is to be financed by the Structural Funds but is
totally contrary to the IMP criteria laid down by Umbria
Region ( Decision No 47 76, adopted by Umbria Regional
Council on 15 June 1988 ). That Decision stipulates that
operations carried out in areas of outstanding scenic beauty
and environmental interest must respect the existing
situation, preserving the original characteristics in
accordance with the environmental legislation in force .
Moreover, priority must be given to renovating especially
fine disused farm buildings ( there are two complexes on the
site, one dating back to the Middle Ages and the other, to the
Renaissance, which with some clever restoration could
accommodate the main facilities provided in a service
centre ).

What steps will the Commission take to prevent the
Structural Funds being used in a manner contrary to
Community and national rules ?

Does it not believe that it should take immediate action to

block the project, given that an alternative could be
found ?

WRITTEN QUESTION E-2367 / 93

by Bruno Boissière ( V )

to the Commission

(1 September 1993 )

( 94 / C 310 / 42 )

Subject : Destruction of a natural area ( Nice )

Few French cities are fortunate enough to have a major river
on their doorstep . Nice has one : the Var .

The course of the Var, particularly between the Napoleon III
Bridge and the sea ( the Var estuary ) is a Camargue in
miniature . Moreover, at the end of 1992 this area was
recognized as an ' area of Community importance for birds '.
The river constitutes a wetland area unique in the region and
exceptionally rich in fauna ( 245 species of birds nest along
its banks ) and flora .

The Architecture, Town Planning and Environment Council
has just put forward a proposal for converting the area
along the river banks into a city park .

Can the Commission say :

whether this project is, in its view, compatible with the
environmental protection policies it seeks to pursue,

and what measures and action it intends to take to persuade
the local authorities to take measures to protect the banks of
the Var near Nice ?

Answer given by Mr Paleokrassas

on behalf of the Commission
Answer given by Mr Millan
on behalf of the Commission (8 December 1993 )

( 14 December 1993 )

The Programmes and projects financed by the Structural
Funds must comply with all relevant Community and
national provisions .

As regards the project referred to, the regional authorities
have informed the Commission that it complies with
regional planning requirements for the area and could
contribute to the development of tourism on the shores of
lake Trasimeno . The management committee for the
Umbria IMP has however decided not to finance the project
which could not be completed within the required time limit
because of a dispute on which the Italian courts have to give
a ruling .

The lower valley of the Var is an area of major importance
for the conservation of wild birds in the Community, and is
listed as such, under the reference PAC 25, in the inventory
forwarded by the French Environment Ministry . It is also
home to two habitat types listed in Annex I to Directive
92 / 43 / EEC on the conservation of natural habitats and of

wild fauna and flora (*).

The Commission takes the view that important natural
habitats and habitats of protected species should be
preserved and action taken to prevent their deterioration . It
will therefore request further information from the
competent authorities in order to assess whether these
requirements are being met in this instance .

H OJ No L 206, 22 . 7 . 1992 .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 25

WRITTEN QUESTION E-24 16 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

(1 September 1993 )

( 94 / C 310 / 43 )

Subject : Vocational training of workers on environmental

issues

Having regard to the self-sustaining development strategy
defined in the Maastricht Treaty, the Fifth Policy and Action
Programme on the Environment and document COM(88 )
202 i 1 ) on vocational training in environmental issues, and
in view of the fact that many Community Directives on the
environment, health and safety have a direct bearing on
production methods, industrial procedures and working
conditions, can the Commission take a Community
initiative to promote vocational training programmes on
environmental issues for workers, particularly in companies
which could cause environmental disasters by their very
nature ?

of employment in industry and in biotechnology and for
journalists specialized in these matters .

The Commission has plans for action of an even more highly
developed nature based on eco-audits, training projects in
the field'of impact studies and the preparation of training
materials intended in particular for small businesses and
trades unions which have expressed a need for it .

The vocational training priorities with regard to the
environment are also included in the Regulation establishing
a financial instrument for the environment ( LIFE ) for 1994
and 1995 ( 3 ).

(!) OJ No C 177, 6 . 7 . 1988 .

( 2 ) EC Study Guide for Environment Related Courses — OPOCE

— L-2985 Luxembourg .

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

WRITTEN QUESTION E-2467 / 93

by Sotiris Kostopoulos ( PSE )
(M OJ No C 197, 27 . 7 . 1988, p . 13 .
to the Commission

(1 September 1993 )

( 94 / C 310 / 44 )

Answer given by Mr Paleokrassas

on behalf of the Commission

(3 December 1993 )

Subject : Designation of special protection areas in Greece

in accordance with Directive 79 / 409 / EEC on the

conservation of wild birds

Has Greece complied with its obligation under Article 4 of
Directive 79 / 409 / EEC (*) on the conservation of wild birds
The Commission ensures the progressive implementation of duly to designate special protection areas ?
vocational training on environmental issues through its
initiatives and the programmes it supports .

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

Priority objectives in this area have been laid down in
Council resolution 88 / C177 / 03 (*). In addition to the
training of education specialists which it promotes and
supports at all levels, the Commission has helped to draft a
Community guide to environment-related courses in higher
education proposed for future specialists in a broad range of
different areas ( 2 ).

The Commission also develops, encourages and provides for
a number of environmental initiatives and actions in the

implementation of the Fifth Programme .

Answer given by Mr Paleokrassas

on behalf of the Commission

(9 December 1993 )

So far Greece has designated 26 special protection areas
covering 1,5% of its national territory .

. The Commission is pursuing its efforts to ensure that

sufficient areas are designated and Greece observes
generally the obligations facing it as a result of Directive
In conjunction with various international bodies, it is 79 / 409 / EEC on the conservation of wild birds .
organizing training courses and seminars for a very wide
range of specialists, in particular health professionals,
specialists in the civil protection services, and various sectors

No C 310 / 26 Official Journal of the European Communities 7 . 11 . 94

WRITTEN QUESTION E-2475 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

WRITTEN QUESTION E-2478 / 93

by Tom Spencer ( PPE )

to the Commission

(1 September 1993 ) (1 September 1993 )

( 94 / C 310 / 45 ) ( 94 / C 310 / 47 )

Subject : Conditions for recognizing organizations of
producers of fisheries products

Does the Commission intend to take any steps to amend the
conditions for recognizing organizations of producers of
fisheries products in line with the demands of fishermen 's
organizations, particularly those in Greece ?

Subject : Payment of goods and services supplied under the

EDF

Is the Commission aware of the long delays in effecting
payments on goods and services rendered under the EDF
and the severe consequences this has on the suppliers of such
goods and services, particularly where these are small and
medium-sized undertakings ?

What instructions, if any, do Commission delegations in the
beneficiary developing countries have to facilitate the rapid
settlement of these amounts ?
Answer given by Mr Paleokrassas

on behalf of the Commission

( 13 December 1993 )

Joint answer to Written Questions

E-767 / 93 and E-2478 / 93

In the course of the next few months the Commission given by Mr Marin
intends to amend Commission Regulation ( EEC ) on behalf of the Commission
No 2062 / 80 on the conditions and procedure for granting or ( 17 December 199 3 )
withdrawing recognition of producers ' organizations and
associations thereof in the fishing industry so as to make it
easier to apply in all parts of the Community .

( 17 December 199 3 )

Delegates, ACP governments and contractors have received
clear instructions on the procedures to follow .

WRITTEN QUESTION E-767 / 93

by Tom Spencer ( PPE )

to the Commissicfn

( 15 April 1993 )

( 94 / C 310 / 46 )

Subject : Payment of foods and services supplied under the

EDF

Is the Commission aware of the long delays in effecting
payments on goods and services rendered under the EDF
and the severe consequences this has on the suppliers of such
goods and services, particularly where these are small and
medium-sized undertakings ?

What instructions, if any, do Commission delegations in the
beneficiary developing countries have to facilitate the rapid
settlement of these amounts ?

The Commission would like to point out to the Honourable
Member that the rules governing the time limits for EDF
payments are set out in Article 319(6 ) of the Fourth Lome
Convention, which also specifies for the first time the period
within which the national authorizing officer must
authorize payments and notify the Commission delegate
thereof .

Whenever the need arises, the delegate is asked to take up
cases of overdue payments with the local authorities . Should
they fail to act, the chief authorizing officer may take
appropriate steps to resolve problems caused by delays in
the authorization of payment .

In the post-Fiji study by an independent consultant on the
application of the Lome Convention 's procedures, the
causes of delays in payment were analyzed . Since late 1991 a
number of adjustments have been made to remedy the
problem . These measures have streamlined financial
procedures considerably .

The Commission is aware of the serious consequences for
businesses of delays in payment and is planning preventive
action to improve payment channels . Procedures will be
simplified e.g. to reduce the number of payments on small
supply contracts . Rationalization of procedures also saves

7 . 11 . 94 Official Journal of the European Communities No C 310 / 27

time for the departments concerned, so increasing their
effectiveness .

The introduction of computer systems linking delegations to
headquarters, administrative reorganization and staff
training will lead to more rigorous on-the-spot monitoring
of operations and speed up the handling of payments at
headquarters and in the field . These measures are part of an
action programme that, when completed, will reduce the
time taken for payments at headquarters level .

The Commission and the ACP Secretariat are also

considering other ways of speeding up procedures in the
light of post-Fiji study .

In the case of ACP bananas, the traditional quantities were
fixed in an Annex to the rules on the basis of the highest past
imports of each ACP State concerned, taking account of the
Lome Convention .

These arrangements are therefore intended not to reduce
access of bananas to the Community market but to provide
for harmonious supply from the Community 's three
traditional sources, namely Community output, imports
from the ACP States and imports from the countries of the
dollar zone .

WRITTEN QUESTION E-2504 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

WRITTEN QUESTION E-2494 / 93 (1 September 1993 )

by Sotiris Kostopoulos ( PSE ) ( 94 / C 310 / 49
to the Commission

(1 September 1993 )

( 94 / C 310 / 48 )

Subject : The banana trade

International trade in bananas has run into difficulties

because of the GATT decision to review import
arrangements in the Single European Market . Latin
American banana exporters claim that the new EEC bans
will result in disastrous losses to their countries ' economies,
estimated at 1 billion dollars a year . Caribbean and West
African exporters have reacted similarly . What position
does the European Community intend to adopt on this
issue ?

Answer given by Mr Steichen

on behalf of the Commission

(6 December 1993 )

The new rules introducing a common organization of the
market in bananas was set up in the light of the single
market .

Under these rules, imports of bananas from the dollar zone
and non-traditional imports from the ACP States are subject
to a tariff quota of 2 000 000 tonnes with a duty of ECU

100 / tonne for dollar bananas and zero duty for
non-traditional ACP bananas, with the possibility of
importing outside the quota subject to a duty of ECU

850 / tonne for dollar bananas and ECU 750 / tonne for

non-traditional ACP bananas . In addition, this quota can
always be reviewed in the light of consumption trends .

Subject : Discovery and preservation of fossilized trees over

15 million years old in northern Evvia

Fossilized trees over 15 million years old have been
discovered in northern Evvia between Kerasia, Agia Anna
and Pappades . However, complaints have been made by the
mayors concerned that, to date, no interest has been shown
by central government in systematic operations to uncover
these outstanding examples of fossilized material, most of
which are still buried beneath more recent deposits, in their
entirety .

What is worse, fossils in other countries which are rare and
hard to find are in increasing danger of man-made disasters

( the fossilized trunks are used for the terracing of fields by
some farmers in the area ) and natural disasters ( fires,
erosion, etc .).

In view of this, will the Commission support moves to
uncover and preserve these fossilized trees for scientific
purposes and for the tourist development of this area, which
is suffering greatly from unemployment ?

Answer given by Mr Delors
on behalf of the Commission

( 22 December 1993 )

The Honourable Member 's question does not fall within the
Commission 's powers .

No C 310 / 28 Official Journal of the European Communities 7 . 11 . 94

WRITTEN QUESTION E-2531 / 93

WRITTEN QUESTION E-25 15 / 93 WRITTEN QUESTION E-2531

by Sotiris Kostopoulos ( PSE ) by Michel Debatisse ( PPE )

by Sotiris Kostopoulos ( PSE )

to the Commission to the Commission

(1 September 1993 ) (1 September 1993 )

( 94 / C 310 / 50 ) ( 94 / C 310 / 51 )

Subject : Shift Network
Subject : Community fish canning industry

Has the Commission noted any reduction, and by how
much, in exports of Community canned fish ? Is the EC
taking any measures to ensure the sustainability of the
canning industry ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(2 December 1993 )

The various sources of information and statistics available

to the Commission, particularly the panorama of the
Community 's fishing industry in 1993 which it has
published (*), show an increase in the Community 's output
of canned fish during 1985 —1991 slowing down in
1989 —1991 . There has been an increase in consumption of
canned fish in Belgium, Spain, France, Italy and the United
Kingdom .

The Community support frameworks for 1991— 1993
drawn up for each Member State by the Commission in
agreement with the national authorities under Council
Regulation ( EEC ) No 4042 / 89 ( 2 ) all contain priority
measures to increase the profitability of the fish canning
industry .

Following the integration of structural measures for
fisheries into the reformed Structural Funds and the creation

of the financial instrument for fisheries guidance ( FIFG ),
this sector remains covered and the continuity of the
measures undertaken is ensured .

Within the limits of the financial resources available, the

Commission will adopt a positive attitude to these priorities
where they are included in the regional development plans
put forwarded by the Member States, which are responsible
for identifying and quantifying the priorities for
assistance .

( ! ) Office for Official Publications of the European Communities,

1993-XII .

( 2 ) OJ No L 388, 30 . 12 . 1989 .

When does the Commission envisage the Shift Network
becoming truly operational ? What transitional measures
have been adopted to minimize the dangers inherent in the
lack of coordination between the various approved ' third
country ' border crossing points for imports of animals and
animal products ?

Has the Commission been able to carry out on-site
inspections to ensure that these approved points fulfil the
requirements of . Directive 91 / 496 / EEC (*)?

If not, how and when does it intend to do so ?

If the crossing points do not fulfil the requirements of the
Directive, does the Commission intend to help the Member
States to bring them up to standard, for example by granting
Community funding ?

(») OJ No L 268, 24 . 9 . 1991, p . 56 .

Answer given by Mr Steichen

on behalf of the Commission

(7 December 1993 )

1 . Given the number and complexity of the legal,
administrative, budgetary and technical problems still to be
resolved, the Commission is not in a position to
communicate the date of entry into force of the Shift
Network .

2 . Council Directives 90 / 675 / EEC ( l ) and 91 / 496 / EEC
lay down the principles for organizing veterinary checks on
products and animals from third countries . The
Commission had to adopt application measures for the
implementation of the new procedure after concertation
with the Member States .

Regarding the situation of the actual border inspection
posts, Directives 90 / 675 / EEC and 91 / 496 / EEC provide for
the establishment of lists of posts approved for checks on
both products of animal origin and animals from third
countries, meeting the conditions laid down in the
abovementioned Directives .

However, since none of the posts proposed by the Member
States fulfilled these conditions, it was necessary to provide
for a period in which they could meet the requirements for
their approval .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 29

Transitional lists of pre-selected border inspection posts
were therefore drawn up for checks on the products of
animal origin and the animals from third countries
( Commission Decisions 92 / 430 / EEC ( 2 ) and 92 / 431 /
EEC ( 2 ), as amended by Decision 93 / 83 / EEC ( 3 ).

Between October 1992 and July 1993, the 233 stations on
these lists were inspected by Commission experts . Although
these inspections showed certain improvements in most
cases, it is still not possible to conclude that the border
inspection posts meet all the requirements laid down by the
Community Directives for their approval .

The Commission intends to remove 39 posts from the
existing lists and 44 will have their powers restricted to
checks on certain products or animals .

The other posts which might be included on the list will be
those for which the Member States have provided all the
necessary assurances that satisfactory solutions will be
found in the short term .

3 . All requests for Community financial aid for a border
inspection post will be studied individually .

(!) OJ No L 373, 31 . 12 . 1992 .
( 2 ) OJ No L 237, 20 . 8 . 1992 .
( 3 ) OJ No L 35, 11 . 2 . 1993 .

WRITTEN QUESTION E-2535 / 93

by José Lafuente Lopez ( PPE )

to the Commission

(1 September 1993 )

( 94 / C 310 / 52 )

Subject : Community thinking on the future of the welfare

State

guarantee social protection for the future, the Community
should embark on a period of general reflection on ways to
tackle the necesssary reforms responsibly and in good time,
so that the current level of welfare can be guaranteed in the
medium and long term .

Is the Commission taking steps to encourage general
consideration of this subject, so that action can be taken to
allow the obstacles currently hindering the welfare State to
be overcome, and to ensure that Community citizens of the
future enjoy the same level of social protection as at
present ?

Answer given by Mr Flynn
on behalf of the Commission

( 14 January 1994 )

Within the limits of the powers conferred by the Treaties in
the field of social protection, the Commission is keeping a
watchful eye on developments in social protection systems
in the Community .

In connection with the implementation of the Community
Charter of Fundamental Social Rights of Workers, it has
formulated a convergence strategy involving two proposals
for recommendations which were adopted by the Council in

1992 .

Recommendation 92 / 442 / EEC (*) of 27 July 1992, on the
convergence of social protection objectives and policies,
focuses on a long-term convergence strategy pointing
Member States ' policies towards common objectives,
thereby enabling each country to operate its own system of
social security while at the same time encouraging
coordination and interaction in the interest of the

Community . The specific common objectives are to provide
guidance on the way in which the systems are adapted to
take account of protection needs, particularly those arising
from changes in the labour market, family structures and
demographic trends .

Recommendation 92 / 441 / EEC ( 2 ) of 24 June 1992, on
common criteria concerning sufficient resources and social
assistance in social protection systems, as part of a
comprehensive and consistent drive to combat social
exclusion, is concerned with the basic right of a person to
sufficient resources and social assistance to live in a manner

compatible with human dignity . Member States should
therefore adapt their social protection systems in line with
the principles and guidelines set out in recommendation
92 / 441 / EEC .

The recent decisions by Germany and France to reduce sufficient resources, and
public spending as a counter measure against the enormous
growth in the national debt will directly affect certain compatible with human
elements of the welfare State, as the level of social protection therefore adapt their social
in these two Community countries — no doubt to be the 92 / principles 441 / EEC . and guidelines
followed shortly by others — will be significantly reduced,
and new solutions leading to a new direction for the future
of the welfare State are still awaited . o OJ No L 245, 26 . 8 . 1992 .

( 2 ) OJ No L 297, 29 . 10 . 1990 .

As in fact the alarm signals are already warning that the
welfare State as currently structured will not be able to

No C 310 / 30 Official Journal of the European Communities 7 . 11 . 94

WRITTEN QUESTION E-25 70 / 93

WRITTEN QUESTION E-2596 / 93

by Christos Papoutsis ( PSE )

Papoutsis ( PSE ) by Sotiris Kostopoulos ( PSE )

to the Commission to the Commission

(1 September 1993 )

to the Commission

(1 September 1993 )

( 94 / C 310 / 53 ) ( 94 / C 310 / 54

Subject : Breach of Community rules Subject : Subsidies for golf courses and garages in Greece

Recent Greek press reports claim that the administration of
the Greek Railways Organization has been involved in
dubious and financially unsound dealings to procure
equipment to modernize the Athens — Idomeni rail
network .

Given that this project forms part of the Community
Support Framework and experts extimate the damage to be
Dr 70 billion, will the Commission say :

— whether the process for procuring the equipment

concerned complied with Community provisions on
competition, public contracts and procurement,

— whether the rail administration 's actions have had an

adverse financial impact on the Community 's budget,
and

— if so, what action will it take in response ?

Answer given by Mr Millan
on behalf of the Commission

(7 March 1994 )

The Commission would point out that the Greek railway
company is not yet required to comply with Council
Directive 90 / 531 / EEC of 17 September 1990 on the
procurement procedures of entities operating in the water,
energy, transport and telecommunications sectors ( ! ) since
Greece has until 1 January 1988 to adopt the measures
necessary to comply with this Directive .

However, in awarding contracts, the Greek railway
company must respect the provisions of the EC Treaty, and
in particular the principles of non-discrimination laid down
by Articles 30, 48, 52 and 59 .

The Commission has no information suggesting an
infringement of Community law in the purchase of material

( sleepers ) by the Greek railway company . The purchase,
totalling about ECU 16 million, received aid amounting to
55 % from the Structural Funds .

The latest development law in Greece, No 1892 / 90,
provides subsidies for, among other things, garages, golf
courses and monasteries . The logic behind this has never
been explained or at least no arguments have ever been put
forward to justify this decision by the Greek authorities .
Can the Commission say how the Greek Government
justifies the need to give financial support to the above ?

Answer given by Mr Van Miert

on behalf of the Commission

( 10 December 1993 )

The Commission does not intend to take the place of
national governments with regard to regional development
and physical planning policy in Member States .

It intervenes only where application of that policy
contravenes the relevant rules of the EC Treaty . In the case
in point, these are the State aid rules, which concern aid that
benefits certain firms or products, and the Commission
intervenes to the extent that trade between Member States is

adversely affected .

Law No 1892 / 90 ( section concerning regional
development ), referred to by the Honourable Member, was
approved by the Commission in December 1990, its
provisions, and in particular Articles 92 to 94, being deemed
compatible with the EC Treaty .

WRITTEN QUESTION E-2597 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

(1 September 1993 )

( 94 / C 310 / 55 )

Subject : Funding for Greek port projects within the

Community Support Framework

(') OJ No L 297, 29 . 10 . 1990 .
Can the Commission inform us whether the Greek

authorities intend to include funding for port projects under
the Community support framework ?

7 . 11 . 94 Official Journal of the European Communities No C 310 / 31

Answer given by Mr Millan
on behalf of the Commission

( 21 December 1993 )

The Commission is able to confirm that, in their regional
development plan for 1994 — 1999, the Greek authorities
provide for the improvement of port infrastructures among
the financing priorities for transport infrastructures .

WRITTEN QUESTION E-2640 / 93

by Hemmo Muntingh ( PSE )

to the Commission

(1 September 1993 )

( 94 / C 310 / 56

Subject : Registers of loans granted to consumers

Most Member States have registers of consumer credit
which suppliers of credit consult before extending loans to
consumers . Some registers record all loans taken out by
consumers ; other record only defaulters .

1 . In the light of the single credit market, does the
Commission have any plans for a procedure for these
registers to be consulted by credit institutions in other
Member States, or any plans for a European register ?

2 . This type of system would put credit institutions from

different Member States on an equal footing, while at
the same time protecting consumers from excessive
indebtedness . However, would this not mean less
protection for the consumer from the dissemination of
personal data ?

Answer given by Mrs Scrivener

on behalf of the Commission

— in others only a private law body linked with the banking

community is authorized ( Germany, the Netherlands );

— in a number of countries, the national bank is
responsible ( France, Belgium ).

These records are designed to facilitate decision-making

( credit scoring ) when selling credit . New laws on
over-indebtedness have indeed promoted their
development . However, these records pose major problems
in regard to protection of privacy . Sometimes they are
compared with a ' judicial financial dossier '. This is why they
fall within the ambit of national legislation on data
protection .

Hence one has to find a balance, from the consumer 's
viewpoint, between preventing over-indebtedness and the
protection of privacy .

The Commission is keeping close tabs on national
developments in this domain . The problem of consulting
these records in the case of trans-frontier operations has not
been resolved .

The Commission will discuss this dossier in 1994 in its

forthcoming report on the operation of the consumer credit
market . This report is provided for in Article 17 of Directive
87 / 102 / EEC on consumer credit .

WRITTEN QUESTION E-2686 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

(3 September 1993 )

( 94 / C 310 / 57 )

Subject : Simplification of administrative work for small

and medium-sized businesses

Is the Commission satisfied with the measures taken to

( 19 January 1994 ) simplify the administrative work of small and medium-sized

businesses and the procedures to provide them with the
necessary information on relevant Community
Records relating to consumer credit exist in all the Member legislation ?
States . There are two types :

— negative records which register problems with

repayments ;

— positive records which register all credit arrangements

entered into by a consumer .

The Member States have adopted very different rules

concerning these records .

— in some countries, collection and sale of this information

is an authorized commercial activity ( United
Kingdom );

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(9 December 1993 )

Administrative simplification work and measures to relieve
the burdens for business, particularly small and
medium-sized businesses ( SME ), is seen as important both
by the Commission and the Member States . This
importance was demonstrated in the Commission 's second
Report on Administrative Simplification Work in the

No C 310 / 32 Official Journal of the European Communities 7 . 11 . 94

Community ( ) published in October 1992 and the resulting
Council resolution 92 / C 331 / 02 of 3 December 1992 .

While the Commission in its legislative proposals tries to

minimize all unnecessary burdens on enterprises, in
particular SMEs, it is for Member States, in conformity with
the principle of subsidiarity, to consider how this can be put
into practice in the context of the transposition into national
legislation . In the above resolution Member States
undertook to avoid all unjustified burdens on enterprise, to
encourage the development of best practice, and to work in
cooperation with each other and the Commission .

As to procedures to provide SMEs with the necessary
information on relevant Community legislation, the
Commission 's Euro Info Centre network is now well

established . There are over 200 EICs situated in all Member

States providing assistance to SMEs, and informing them
about Community legislation and other actions .

(M SEC(92 ) 1867 final .

Fund, by many training providers . In the United Kingdom,
Scottish Enterprise is one of these training providers .

In response to the Honourable Member 's question, the
Commission asked the British authorities for details of

support given to Scottish Enterprise for the three years

1991— 1993, and received this reply :

1991 : £ 23 001 548

1992 : £ 14 931 903

1993 : £ 10 798 157

These figures are checked in the course of audits .

The Commission is in constant contact with the Member

States authorities as to the use of Community funding of all
kinds . As far as the use of European Social Fund assistance
through Scottish Enterprise is concerned, the Commission is
arranging on-the-spot audit checks, in the framework of its
procedures of control of the use of Community Funds .

WRITTEN QUESTION E-2697 / 93

by Mary Banotti ( PPE )
WRITTEN QUESTION E-2695 / 93 to the Commission

by Hugh McMahon ( PSE )

(3 September 1993 )
to the Commission

( 94 / C310 / 59

(3 September 1993 )

( 94 / C 310 / 58 )
Subject : 1993 International Year of Indigenous People

Subject : ESF payments to the United Kingdom Government

for 1991, 1992 and 1993 in respect of projects
operated by Scottish Enterprise

What measures has the Commission taken this year in the
context of 1993 as the International Year of Indigenous
People ?

Is the Commission aware that there have been ferocious

What payments were made to the Department of attempts in the North-West of Brazil to exterminate
Employment for Social Fund projects administered by approximately 150 000 Indians ? Would the EC make
Scottish Commission Enterprise confirm in that 1991 the, 1992 UK authorities and 1993 were ? Can sent the representations to the Brazilian Government about this

matter in its bilateral contacts with that government ?

correspondence on this question on no fewer than three
occasions ? What was the nature of the reply from the UK
authorities and what action does the Commission propose
taking on the replies ? Answer given by Mr Van den Broek

on behalf of the Commission

( 21 December 1993 )

Answer given by Mr Flynn
on behalf of the Commission

(3 February 1994 )

The Honourable Member will be aware that since the

reform of the Structural Funds in 1989, details of individual
projects are no longer kept by the Commission . The Funds
are implemented by means of Operational Programmes or
Global Grants, which group together many individual
projects, carried out, in the case of the European Social

Within the limits of its powers the Commission does a
number of things to improve the lot of indigenous people :
training of their representatives, promotion of their rights
and support for their own forms of organization .

The Community and its Member States, aware of the
importance of human rights and fundamental freedoms,
take every opportunity to emphasize the importance they
attach to the safeguarding of such rights and the
establishment of democratic institutions and practices in

7 . 11 . 94 Official Journal of the European Communities No C 310 / 33

non-member countries . The Brazilian authorities are aware

of our position .

— reducing competitive difference,

— contributing to infrastructure costs,

Brazil 's attachment to universal human rights was
confirmed by its active participation in the World — using the price mechanism to encourage
Conference on Human Rights last June . This conference environmentally friendly means of transport,
recognized ' the inherent dignity and the unique contribution
of indigenous people to the development and plurality of
society . . . States should take concerted positive steps to — preventing frontier hold-ups and unnecessary
ensure respect for all human rights and fundamental bureaucracy ?
freedoms of indigenous people, on the basis of equality and
non-discrimination, and recognize the value and diversity of
their distinct identities, cultures and social organization .' 2 . On a number of occasions the European Parliament has
proposed creating a fund by putting a 1 ECU-cent
surcharge on every litre of motor fuel . The fund couldfoe
introduced throughout Europe or, for example, by the
group of five countries which are currently considering
introducing a regional Euro-toll . The fund could be used
to compensate certain countries for any imbalances they
suffer .

— using the price mechanism to encourage
environmentally friendly means of transport,

— preventing frontier hold-ups and unnecessary
bureaucracy ?

WRITTEN QUESTION E-2704 / 93

by Ben Visser ( PSE )

to the Commission

(8 September 1993 )

( 94 / C 310 / 60 )

Does the Commission not feel that a fund of this nature

would be a simpler way of achieving the objectives of the
toll system (a more equitable charging of infrastructure
costs ) than using a lot of different tolls and would
involve less bureaucracy and hold-ups at borders ?

Subject : Diesel fuel prices and toll systems
Answer by Mr Matutes
on behalf of the Commission

Information supplied by the KNV and the ANWB shows ( 23 March 1994 )
that the price of a litre of diesel in a number of EC countries
is as follows ( July 1993 ):

Local
Country Guilders ECU (')
currency

Belgium Bfrs 24,90 1,40 0,64

Denmark Dkr 4,71 1,45 0,66

Germany DM 1,09 1,24 0,57

France FF 3,57 1,24 0,57

Italy Lit 1 230 1,63 0,74

Netherlands Fl 1,27 1,27 0,58

(') 1 ECU = F1 2,19 .

It is clear from these figures that there is no substance to the
Germans ' complaint that they lose a lot of revenue from
excise duty because many foreigners who drive in Germany
buy their fuel elsewhere because it is cheaper .

1 . Council Directive 9 3 / 89 / EEC ( ) will ( a ) enable the
level of excise duties on heavy vehicles to be brought closer
together and ( b ) enable Member States not charging tolls to
introduce similar charges ( stickers ).

The linking of these two actions is intended to reduce the
differences in competition currently applying and to help
cover infrastructure costs .

The two major drawbacks of excise duty on diesel fuel, as
opposed to user charges, are as follows :

— excise duties do not in any way remove the differences

and inequalities arising from the fact that tolls are
charged in certain Member States and not in others ;

— even if they were otherwise totally harmonized their rate

would not always tally with the true infrastructure costs,
1 . Does the Commission feel that a toll system can be more which differ from one Member State to another and
effective than excise duty on diesel in which they are intended to cover .

No C 310 / 34 Official Journal of the European Communities 7 . 11 . 94

Although it is true that user charges involve the setting-up of
certain administrative formalities, it is nevertheless the case
that the resultant advantages greatly exceed a minor
inconvenience .

2 . No, since under the system recommended by the
Honourable Member all carriers would be required to
contribute to the fund whereas only part of the haulage
business is causing imbalances, i.e. hauliers paying taxes and
charges in the Member State in which they are established
and using their vehicles on other Member States ' highway
networks where they do not pay for the expenditure
incurred .

How many people ( officials at all levels, outside staff, etc .)
are expected to work in this service and what will be their
legal status ?

Can the Commission state what criteria were used in the

selection of the premises and can it provide the name of the
owner of the annex, the amount of rent to be paid, the cost
of converting the building, the number of interpreting
booths, the date of signature of the lease and whether a
favourable opinion of the Committee on Safety and Hygiene
at Work was obtained in advance ?

0 ) OJ No L 279, 12 . 11 . 1993 . WRITTEN QUESTION E-2756 / 93

by Paul Staes ( V )

to the Commission

( 16 September 1993 )

( 94 / C 310 / 62 )

WRITTEN QUESTION E-2715 / 93

by Marie Isler Beguin ( V )

to the Commission

(8 September 1993 )

( 94 / C 310 / 61 )

Subject : Staff policy at the Commission

Certain aspects of the Commission 's staff policy appear to
contradict President Delors ' declarations of principle, in
particular those concerning unemployment among young
people and the sound management of available funds .

In general terms, could the Commission state the number of
retired officials still working for it directly ( as advisers ) or
indirectly ( as experts or consultants ) and give an assessment
of the costs, both direct ( e.g. funding of studies, refunding of
costs ) and indirect ( provision of organizational and staff
resources )?

More specifically, is it true that the Commission is planning
to use the services of Mrs Van Hoof-Haferkamp,
Director-General of the Joint Interpreting and Conference
Service, immediately after her retirement ?

Is it true that Mrs Van Hoof-Haferkamp is to be sent at the
Commission 's expense for a long period of training to a
leading university in the United States ? What will be the cost
of this exercise and to what item of the EC budget will it be
charged ?

Is it true that a building ( the Annex to the CCAB ) has
already been rented to accommodate the freelance
interpreters ' training service under Mrs Van
Hoof-Haferkamp ?

Subject : The Commission 's personnel policy

Could the Commission specify the number of retired
officials who are still employed by the Commission either
directly, as advisers, or indirectly as experts, consultants,
etc .? Could the Commission also calculate both the direct

costs, i.e. study expenses and reimbursement of
expenditure, and indirect costs, i.e. infrastructure and
ancillary staff ?

In particular, could the Commission clarify whether it is true
that it intended to engage the services of Mrs Van
Hoof-Haferkamp, Director-General of the Joint
Interpreting and Conference Service, so soon after her
retirement ?

Is it true that the aforementioned Director-General was to

be sent, on behalf of the Commission, to a prestigious
university in the USA for a long training period ? How much
will this training period cost and to which item of the EC
budget will this expenditure be charged ?

Is it true that a building ( Borschette annex ) has already been
rented on behalf of Mrs Van Hoof-Haferkamp, to provide a
training service for freelance interpreters ?

How many people in all would be employed in this service,
including officials of all levels, external staff, etc .?

Could the Commission specify the reasons given for leasing
these premises and whether it is in a position to disclose the
name of the proprietor of the Annex ? I should also like to
know the total rent and also the conversion and renovation

expenses incurred ? When was the lease signed and was the
opinion of the CSHT ( Committee on Health and Safety at
Work ) obtained beforehand ? Finally, how many
interpreters ' booths are there ?

7 . 11 . 94 Official Journal of the European Communities No C 310 / 35

Joint answer to Written Questions

E-2715 / 93 and E-2 756 / 93

given by Mr Delors
on behalf of the Commission

( 30 March 1994 )

Officials or temporary staff receiving a retirement pension,
an allowance in respect of retirement in the interests of the
service or an allowance under the make-way arrangements
may provide services to the Commission only on an unpaid
basis .

For example, in 1993, 20 former officials assisted the
President and Members of the Commission as unpaid
special advisers . There was a ceiling of ECU 120 per day on
their mission expenses, for such things as travel

expenses .

In addition, in 1992 and 1993, 11 former Commission
officials sat on competition selection boards on a voluntary
basis, receiving the same mission expenses as the
officials .

It is true that after her 40 years of service the
Director-General of the JICS is to be appointed as a special
adviser with effect from January 1994, although no
pecuniary benefits attach to this appointment .

Each year the Inter-institutional Coordination Committee
on exchanges nominates several officials for fellowships in
the United States, and it is true that the Director-General of
the JICS was selected by the Committee for the 1993 / 94
Harvard fellowship . By choosing one of its senior officials,
the Commission hopes to contribute to improving
knowledge of the Community in its present and future form
by developing contacts with professors, senior officials and
researchers from around the world . In accordance with the

financial regulations governing the fellowships, the
matriculation fees for the university are charged to budget
item 1120 .

As regards a ' freelance interpreters ' training service ', the
Honourable Members have not been correctly informed .
The Commission has rented a building near the Albert
Borschette conference centre to house the conference

interpreters ' training centre ( JICS-A-2 ). The building is also
used for officials and teachers from various universities in

non-member countries who come as part of their country 's
association or cooperation agreements with the Community

( China, Turkey, the former Yugoslavia ) or as part of the
Tempus Programme ( Hungary, Czech Republic, Poland,
Albania, the Baltic States ). The Froissart building can hold
25 staff and up to 40 people for meetings .

The building was chosen mainly because it has the right

capacity, it was available immediately and it is near the
Albert Borschette conference centre .

The building is rented from Societe Anonyme Froissart 57,
rue Steyls 45, 1020 Brussels .

The annual rent is Bfrs 5 688 000, around 12% of which
represents the cost of the specific alterations made by the
owner at the Commission 's request .

The building is not equipped with interpreting booths .

The lease was signed on 24 March 1993 .

The Buildings Group of the Committee on Safety and
Hygiene was consulted prior to the building being occupied .
However, the group 's role is an advisory one, and although
the Commission takes the group 's opinions into account as
far as possible, it is bound to have to weigh them up against
other considerations .

WRITTEN QUESTION E-2736 / 93

by Sir Jack Stewart-Clark ( PPE )

to the Commission

( 16 September 1993 )

( 94 / C 310 / 63 )

Subject : Solvent abuse

As the Commission is no doubt aware, there is a
considerable danger to young people who purchase volatile
substances such as butane gas lighter refills for the purposes
of intoxication . This also extends to solvent abuse .

Is it possible for the Commission to work towards the
establishment of a retailers ' code of practice to help avoid
solvent and volatile substance abuse ?

Answer given by Mr Flynn
on behalf of the Commission

( 21 December 1993 )

The Commission would like to draw the Honourable

Member 's attention to the answers given to Written
Questions No 1858 / 86 ( ! ), No 2015 / 88 ( 2 ) and
No 2676 / 91 ( 3 ).

The Commission is aware of the problem of ' sniffing '
substances which are legally placed on the market and are, in
many instances, everyday household items . It is a dangerous
form of intoxication, particularly among the young .

No C 310 / 36 Official Journal of the European Communities 7 . 11 . 94

The Commission has supported efforts to increase
knowledge of the problem and prevention possibilities .
Prevention strategies based on general health education can
greatly help in tackling this problem . Efforts by
manufacturers and retailers of solvent-based products
would no doubt also play a role in preventing abuse .

The Commission will examine, in the context of its actions
in the field of public health, and in particular on drugs,
whether the establishment, with the help of industry, of a
retailers ' code of practice would be likely to contribute to
the fight against solvent intoxication .

The classification and labelling of solvents are regulated by
several Directives : Directive 67 / 548 / EEC ( 4 ), Directive
88 / 379 / EEC ( 5 ) and Directive 80 / 781 / EEC ( 6 ), as amended
by Directive 82 / 473 / EEC ( 7 ).

f 1 ) OJ No C 157, 15 . 6 . 1987 .

( 2 ) OJ No C 227, 4 . 9 . 1989 .

( 3 ) OJ No C 159, 25 . 6 . 1992 .

( 4 ) OJ No L 196, 16 . 8 . 1967 .

( 5 ) OJ No L 187, 16 . 7 . 1988 .

( 6 ) OJ No L 229, 30 . 8 . 1980 .

( 7 ) OJ No L 213, 21 . 7 . 1982 .

However, Council recommendation 92 / 44 2 / EEC of 27 July

1992 on the convergence of social protection objectives and
policies, in Article I. B. 5(f ), invites the Member States

' for purposes of calculating pension rights, to reduce, in
particular by opening up the possibility of voluntary
contributions, the penalty for those workers who have
gaps in their careers as a result of periods of illness,
invalidity or long-term unemployment, and for those
who gave up work temporarily to bring up their children
or, where appropriate, in accordance with national
legislation, other dependants ;'.'

This issue will also be addressed in a report on social
protection in the Community which the Commission will
shortly publish in accordance with Article II . 1 of this
recommendation .

WRITTEN QUESTION E-2757 / 93

by Sérgio Ribeiro ( GUE )

to the Commission

( 16 September 1993 )

94 / C 310 / 65 )

Subject : Results of the report on EMU
WRITTEN QUESTION E-2752 / 93

by Glyn Ford ( PSE )

to the Commission

( 16 September 1993 )

( 94 / C 310 / 64 )

Subject : Pension rights for carers

Does the Commission have plans to introduce legislation
which will guarantee a pension for people who have forgone
the opportunity to take paid employment to care for
relatives and / or dependants ?

Answer given by Mr Flynn
on behalf of the Commission

Much has been made in the press of a report by the Financial
Times that the Commission ' censored ' a study carried out at
the end of last year into the consequences of the entry into
force of Economic and Monetary Union ( and of its nominal
convergence criteria ), which warned of an expected ( and
subsequently confirmed ) increase in the unemployment

rate .

In view of the fact that, if it actually happened, such an act of
imposed silence constitutes an unacceptable means of
conditioning public opinion at a time when the public is

( and was ) rightly asking to be involved in ratifying the
Maastricht agreement, can the Commission say whether
such a study was carried out and ' commended ' to
Commissioner Vasso Papandreo, and why it was not made
public at the appropriate time ?

(2 December 1993 ) Answer given by Mr Flynn
on behalf of the Commission

( 16 December 1993 )

The Commission is not planning to propose legislation
requiring Member States to grant pension rights to people
who interrupt their professional careers to care for relatives
or dependents .

The Honourable Member is requested to refer to the

Commission 's answer to oral question H-896 / 93 put by Mrs

7 . 11 . 94 Official Journal of the European Communities No C 310 / 37

Christensen at question time during the European
Parliament 's September 1993 part-session (*).

WRITTEN QUESTION E-2797 / 93

by Karel Dillen ( NI )

to the Commission

0 ) Debates of the European Parliament, No 3-434 ( September (4 October 1993 )

1993 ).

WRITTEN QUESTION E-2786 / 93

by Sir James Scott-Hopkins ( PPE )

to the Commission

( 28 September 1993 )

( 94 / C 310 / 66 )

Subject : Report on direction and regulatory signs on

highways

When does the Commission anticipate that its studies into
direction signs and regulatory signs on highways will be
completed ? How soon therefter does it anticipate that it will
conclude the desirability of harmonizing some or all road

signs in the Community ? In producing such a report, will it
ensure that any proposals for action are fully costed and a
time scale is included ?

Answer given by Mr Matutes

on behalf of the Commission

( 17 February 1994 )

The primary objective of the two studies ordered by the
Commission on direction signs and regulatory ( prohibition,
obligation, etc .) signs was to catalogue differences within
the Community .

They revealed that the biggest differences between the
Member States were indirection signs, including the colour
codes used, the details given and the composition and siting
of the signs .

In view of the enormous disparity between the existing
systems in this field, the next stage planned by the
Commission is to start discussions with the objective of
agreeing a Community approach to direction signs designed
primarily to give a clear, consistent message to users
travelling in the Community .

( 94 / C 310 / 67 )

Subject : Appropriations for dairy products in the 1994 EC

budget

According to information supplied by the Belgian Dairy
Industry Confederation, the Commission 's plans for the

1994 budgetary appropriations for dairy products entail a
46 % reduction in the support for the school milk

programme .

Does not the Commission think that the school milk

programme is important for the healthy development of
many millions of European children and that savings in this
regard are inappropriate at a time when unacceptable
squandering of funds continues to be the order of the day in
other sections of the EC budget ?

Answer given by Mr Steichen

on behalf of the Commission

(9 March 1994 )

The Commission freely acknowledges the contribution
made by the school milk programme to improving children 's
daily nutrition and accustoming them to dietary patterns
that favour the consumption of milk products .

The high cost of this measure, on which total expenditure of

1993 amounted to about ECU 200 million, should be
emphasized ; the amount of aid was equivalent to 125 % of
the indicative price of milk .

In the past, 75 % of the cost of this programme was covered
by part of the funds from the co-responsibility levy in the
milk sector . After the abolition of this levy, the Commission
was keen to maintain the programme and therefore planned
a significant increase in the net contribution of the EAGGF
to the scheme .

On 4 October 1993 the Council decided to reduce the

amount of aid to 24% . Even after this reduction, the
amount of aid for school milk remains substantially higher
than the amount of aid for other intervention measures in

the milk sector .

Furthermore, the Commission has revised the detailed rules
of application of the scheme in order to simplify it and
increase its efficiency in line with the recommendations of
the Court of Auditors . The Member States have been called

upon to help meet these objectives .

Finally, the Commission formally rejects the allegation that
budget funds are squandered . This statement is entirely

No C 310 / 38 Official Journal of the European Communities 7 . 11 . 94

unfounded and in no way corresponds to the real
situation .

WRITTEN QUESTION E-2802 / 93

According to information available to the Commission, the
National Maritime Research Centre and the University of
Athens have carried out an ecological study of the Bay of
Kalloni to study the problem of marine pollution .

by Mihail Papayannakis ( GUE ) WRITTEN QUESTION E-2804 / 93

to the Commission by Carlos Robles Piquer ( PPE )

(4 October 1993 ) to the Commission

( 94 / C 310 / 68 ) (4 October 1993 )

94 / C 310 / 69 )

Subject : Urgent measures to save the Bay of Kalloni

( Lesbos )

The closed Bay of Kalloni ( Lesbos ) is a natural
breeding-ground for fish and shellfish of outstanding
quality with a high market value, and tourism is also being
developed there with good prospects of success . The Bay is
already affected by urban and agricultural waste, especially
from the fish farms which have set up there, which use
processes denounced as improper and illegal . Recently, large
numbers of dead fish were washed ashore and the colour

and quality of the water has changed, and these incidents
have disturbed local residents and fishermen and led to

vigorous demonstrations ( blockading of fish farms and of
the town hall ).

1 . Can the Commission make inquiries and clarify whether
the setting up of fish farms in the closed Bay of Kalloni is
legal and in accordance with Community policy, and ask
the Greek Government for the relevant explanations

( compliance with Directive 85 / 337 / EEC ( 1 ), etc .)?

2 . Does it consider it advisable to take measures for

thorough scientific research into the factors which have
led to the critical situation in the Bay and into ways of
combating them, in order to guarantee a new, viable and
environmentally friendly way of developing the area ?

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

Answer given by Mr Paleokrassas

on behalf of the Commission

( 28 March 1994 )

The matters referred to by the Honourable Member
essentially concern illegal activities which it is a matter for
the Greek authorities to investigate .

Salmon breeding installations are the only type of fish farm
listed in Annex II to Directive 85 / 337 / EEC, and it is
accordingly a matter for the Member States to decide
whether the characteristics of the project in question,
including its scale and location, require such an

assessment .

Subject : Participation of the Commission in the
International Congress on the Spanish Language

The aim of the first International Congress on the Spanish
Language, to be held in Mexico in June 1994, is to
strengthen this language, which can be considered to be the
second most widely spoken language in the world, which is a
Community language and which towards the end of the
20th century will be the Language of some 400 million
people .

Does the Commission therefore consider that it should

participate in some way in the preparations for this
congress, particularly as regards the seven subject areas
which will be discussed, notably the use of information
technology in connection with the Spanish Language ?

Answer given by Mr Pinheiro

on behalf of the Commission

( 15 December 1993 )

The Commission took part in the Congress on the Spanish
language ( Congreso de la Lengua Espanola ) held in Seville in

1992, which served as a preparation for the first
International Congress on the Spanish Language due to take
place in Mexico in June 1994 .

The Commission is active in all the areas to be covered by
this Congress, and will be expanding its R&D activities in
the field of language and information technology under the
Fourth Framework Programme . Among other issues, it will
examine the use of computers in relation to the Spanish
language, covering topics „ such as the development of
language services in certain fields of application, the
promotion of research and the development of linguistic

resources .

Once it has received an invitation, the Commission will look
closely at possible means of collaboration with the
organizers of the Congress in the context of its
language-related activities .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 39

QUESTION E-2827 / 93 amended by the Treaty on European Union ), is to encourage

Alavanos ( GUE ) cooperation between Member States and, where

to the Commission appropriate, to supplementary action they may take, in line
with the principle of subsidiarity .

WRITTEN QUESTION E-2827 / 93

by Alexandros Alavanos ( GUE )

(4 October 1993 )

( 94 / C 310 / 70 )

Subject : Protection of Europe 's cultural heritage from

theft

Over the last three years there have been 15 major incidents
of theft at archaeological museums in Greece, culminating in
two recent cases at the Acropolis museum and at the
National Archaeological Museum which occurred during
opening hours . The process of registering all the antiquities
located in museums and store-rooms is not yet complete,
although it should have been on 1 January 1993, the date of
the completion of the internal market . Moreover, the 370
museums, the 500 store-houses of antiquities and the 2 500
archaeological sites in Greece, are guarded by only 1 500
guardians and 200 night-guards, many of whom have no
training and are hired on contracts for limited periods of
time . Since the cultural treasures of each Member State are

considered part of the cultural heritage of the Community,
as a whole, will the Commission say :

1 . What is the present situation as regards the theft of
cultural treasures in the Member States of the

Community ?

2 . What action does it intend to take to safeguard the

cultural heritage of Europe in the case of Greece ?

3 . Does it intend to consider drawing up a common
cultural policy for the protection and safety of the large
number of monuments and exhibits which compose the
cultural heritage of Europe ?

4 . If the stolen objects are kept hidden and turn up 40 years
in some private collection of a Member State, will the
Commission consider that this a case for the restitution

of the cultural heritage ?

The Commission is drawing up a comprehensive
communication on the cultural heritage which is to be
presented to Parliament and the Council under the new
procedures laid down in the Union Treaty . Within this
framework and subject to the limits on its powers under the
Treaty the Commission will certainly raise the question of
protection against theft .

On 19 November 1990 the Council and the Ministers for

Cultural Affairs meeting within the Council adopted
conclusions on the protection, after 1992, of national
treasures of artistic and historical or archaeological value .
These conclusions dealt with the restitution of cultural

goods, harmonized controls on the exportation of cultural
goods to non-member countries and the improvement of
administrative cooperation between Member States and the
Commission . The Committee on Cultural Affairs was given
the task of examining what form cooperation in these areas
could take .

With a view to the completion of the single market the

Community adopted two flanking measures to compensate
for the fact that Member States can no longer carry out
checks at internal frontiers . On 9 December 1992 the

Council adopted Regulation ( EEC ) No 3911 / 92 on the
export of cultural goods and on 15 March 1993 Directive
93 / 7 / EEC (*) on the return of cultural objects unlawfully
removed from the territory of a Member State . This
Directive establishes a system whereby Member States may
retrieve any cultural object which ranks as a national
treasure within the meaning of Article 36 of the EC Treaty
and belongs to one of the categories of cultural objects
defined in the Annex to the Directive or comes from a public
collection or an ecclesiastical institution, provided that the
object concerned was removed from the territory of the
Member State after 31 December 1992 .

For reasons relating to the legal certainty of commercial

Answer given by Mr Pinheiro transactions the Directive requires return proceedings to be

on behalf of the Commission initiated within 30 years of the cultural object 's removal . In

( 16 December 1993 ) the case of objects from public collections and ecclesiastical

property covered by special protection arrangements under
national law this time-limit is extended to 75 years, except in
Member States where there is no time limit on proceedings
Responsibility for protecting the cultural heritage, and in or where a bilateral agreement provides for an even longer
particular for protecting it against theft, lies primarily with time-limit .
the Member States . At national level each Member State is

thus free to introduce measures to prevent the theft of works
of art .

Answer given by Mr Pinheiro

on behalf of the Commission

( 16 December 1993 )

The role of the Commission in this context, as confirmed by
the entry into force of Article 128 of the EC Treaty ( as

The answer to the last of the questions put by the
Honourable Member is, therefore, that the return of any
stolen goods turning up after 40 years is a matter for the
competent courts in the Member States and will be

No C 310 / 40 Official Journal of the European Communities 7 . 11 . 94

considered in the light of the particular circumstances and
the principles laid down in the Directive .

(!) OJ No L 74, 27 . 3 . 1993 .

WRITTEN QUESTION E-2835 / 93

by Giuseppe Mottola ( PPE )

to the Commission

(4 October 1993 )

( 94 / C 310 / 71

Subject : Cilento National Park — Boundaries and
classification of zones — Possible damage to
farming, stock-breeding, forestry, farm tourism,
and craft industries

The Cilento National Park, which lies in Campania region,
was established under Law 394 / 91 . When it issued the order

of 22 April 1993 laying down the boundaries and the
classification of zones, without, moreover, consulting the
local farming organizations, the ministry totally ignored the
figures attesting the role of the agricultural sector in
production and employment terms, as well as in protecting
the environment and the countryside as a whole,
disregarding the economic importance of the sector and the
actual situation in the area .

Because the park is too large, it is impossible to establish and
organize the adjoining areas provided for in Article 32 of the
law setting up the park : ( total area : 181 354 hectares,
breaking down as follows : UAA : 92 978 hectares ;
woodlands : 72 341 hectares ; olive groves : 27 700 hectares ;
sowable land : 22 911 hectares ; vineyards : 6 395 hectares ;
fruit and vegetables : 5 662 hectares ; meat cattle : 15 746
hectares ; dairy cattle : 14 693 hectares ; sheep and goats :
58 461 hectares ; pigs : 15 860 hectares ).

Will not the Commission :

1 . Urge the Italian authorities duly to recognize the
economic importance and the role of farming by
extending the scope of the Regulation on the running
of the park to include protective measures to boost
the resources to be derived from agriculture,
stock-breeding, forestry, farm tourism, craft industries,
and the environment and the countryside ?

2 . Encourage the adoption of all traditional crop and
breeding systems providing an appropriate basis, using
technologically advanced options where necessary, for
defending and developing ' typical ' and ' specific ' lines of
production such as those obtained from stock-breeding,
olive, wine, chestnut, or fruit and vegetable growing, or
local craft industries ?

3 . Encourage young people to set up new ventures by
adopting subsidy and loan policies to enable larger
holdings to be formed from individual pieces of
farmland, including non-adjoining parcels, and
production factors to be marshalled to promote global,
feasible, environmentally compatible, and lasting

development, one essential measure to that end being to
revise the proposed building land ratios, which,
although they may be suitable for areas on the coastal
strip, are not appropriate for the inland areas that are
already suffering severe disadvantages and being heavily
penalized for various reasons ?

4 . Set up a special fund to supplement the income of those
who are sustaining a partial or total revenue loss as a
result of constraints laid down to foster development of
the environment and the countryside ?

5 . In addition, can the Commission provide a 50 — 70%
contribution under the new Structural Fund policy for
the purpose of implementing the planning systems to be
devised by the park authorities ?

Answer given by Mr Steichen

on behalf of the Commission

( 24 February 1994 )

The questions put by the Honourable Member regarding the
Cilento National Park can find an answer in the context of

the Community legislation which the Member States will
have to transpose and implement in their own specific areas
of competence .

In particular, specific measures along the lines suggested by
the Honourable Member could be provided for under the
Regional Development Plan which the Region of Campania
has submitted to the Commission for the purposes of
Objective 1 ( the development of regions which are lagging
behind ) of the reform of the Structural Funds ( Second
phase ).

Other forms of Community aid which accompany the
reform of the common agricultural policy ( CAP ) could also
help to meet the concerns expressed by the Honourable
Member, provided the regional authorities adopt the
provisions necessary for putting the measures into practice
in time .

In this connection, Regulation ( EEC ) No 2080 / 92 provides
for an EAGGF contribution towards the costs of

afforestation of agricultural land ( up to 75 % in Objective 1
regions ) and for premiums and aid for woodland
maintenance and improvement .

In addition, pursuant to Regulation ( EEC ) No 2328 / 91
Community aid may be granted for the setting-up of young
farmers and for new investments on farms, particularly if
the aim is to protect or improve the environment .

Moreover, aid may be granted to farmers under the regional
agri-environmental programmes provided for in Regulation

( EEC ) No 2078 / 92 in order to offset income losses caused by
the use of agricultural practices which are compatible with
environmental protection and for the management and
upkeep of the countryside . Therefore, rational and correct

7 . 11 . 94 Official Journal of the European Communities No C 310 / 41

application of the abovementioned Community WRITTEN QUESTION E-2870 /
Regulations at national and regional leval can make a by Inigo Mendez de Vigo ( PPE )
significant contribution to meeting the various demands to the Commission
expressed by the Honourable Member as regards the
Cilento National Park . October 1993

WRITTEN QUESTION E-2870 / 93

to the Commission

(4 October 1993 )

WRITTEN QUESTION E-2 867 / 93

by John Iversen ( V )

to the Commission

(4 October 1993 )

( 94 / C 310 / 72 )

Subject : Rules on the sale of old meat from EC surplus

stocks

Would the Commission please explain what rules exist for
determining how old meat may be when it is sold from EC
surplus stocks .

Would it also please provide figures to show how much of
the meat sold from EC surplus stocks is over four to six years
old and which countries in the EC such meat is being sold

to .

Answer given by Mr Steichen

on behalf of the Commission

( 20 December 1993 )

The strict quality control at intake into intervention, the use
of wrapping material appropriate for long cold storage,
together with the fact that beef is stored under proper
supervision in recognized cold stores which guarantee a
maximum temperature of minus 18 °C throughout the
storage, period, mean that intervention beef does not
constitute a health hazard even after four to six years of

storage .

In practice, however, as the policy is to dispose of older beef
first, the age of intervention beef comes close to four years
only in exceptional circumstances and in very limited
quantities . At present, the average age of beef sold out of
intervention is one to two years .

Only 0,2% of current stocks date from before 1991 . All
stocks are of course offered for sale from the intervention

stores of the Member State in which they happen to be
stored . There is however normally no requirement that they
be consumed in any particular Member State or third

country .

( 94 / C 310 / 73 )

Subject : Extension of the schedule of reference prices and

exports of tomatoes from the Kingdom of
Morocco

During 1993 the situation regarding tomatoes exported
from the Canary Islands was very difficult situation as for
almost all the production period they were not covered by
the schedule of reference prices and because of exports from
the Kingdom of Morocco .

The author of the present question has raised this subject on
numerous occasions, and has obtained from the Council of
Ministers an expression of its willingness to study a
Commission proposal .

On 30 June 1993 I raised this question again at the meeting
of the European Parliament Committee on Agriculture in
the hope that the tensions which arose this year would not
be repeated in 1994 .

In order to achieve this objective and to ensure that
producers in the Canary Islands can continue production
unhindered, does the Commission intend to propose an
extension of the schedule of reference prices to include the
months of January to March ?

What type of negotiations does it intend to conduct with the
Kingdom of Morocco to prevent the Community countries
from being overwhelmed by an avalanche of tomatoes
exported from Morocco ?

Answer given by Mr Steichen

on behalf of the Commission

(7 December 1993 )

This request has been considered by the Commission and
the problem will be examined in the context of the GATT
negotiations .

The Commission will continue its negotiations with
Morocco with the aim of avoiding market problems on the
Community market caused by import of too large quantities
during short periods .

No C 310 / 42 Official Journal of the European Communities 7 . 11 . 94

WRITTEN QUESTION E-2873 / 93

by Laura Gonzalez Alvarez ( GUE ),
Antoni Gutiérrez Díaz ( GUE ), Alonso Puerta ( GUE )

and Teresa Domingo Segarra ( NI )

to the Commission

(4 October 1993 )

( 94 / C 310 / 74 )

Subject : ERDF projects in Cantabria

Two of the most important projects planned for Cantabria
under the Objective 2 Community support framework are a
water purification plant on the river Besaya and a
pre-treatment plant for industrial and urban waste water at
Torrelavega ( Cantabria, Spain ).

What progress has been made on the implementation of
these projects ?

What will happen to the Community funds allocated for
these projects if they are not carried out ?

Answer given by Mr Millan
on behalf of the Commission

regional and Community funding originally planned . The
treatment plant would be located at Santa Olalla in the
municipality of Pielagos in the Torrelavega area .

In view of the exceptional problems concerning the final
location of the recycling plant, which delayed
implementation of the project, on 17 December 1993 the
Spanish authorities officially sent the Commission a second
request for an extension, for six months, of the time allowed
for payments to be made .

On 22 December 1993 the Commission extended until

30 June 1994 the final date for payments in respect of this
project .

WRITTEN QUESTION E-28 76 / 93

by José Valverde Lôpez ( PPE )

to the Commission

(4 October 1993 )

( 94 / C 310 / 75 )

(8 March 1993 ) Subject : Public undertakings in the manufacturing sector

The ERDF has part-financed a project for cleaning up the
river Besaya under the Community support framework for
the Objective 2 areas of Spain ( 1989 —1991 ). In the area of
Torrelavega ( Cantabria ) this project included the following
two investments :

— utilization of solid industrial and urban waste ;

— treatment of industrial and urban waste water .

On 14 December 1990, it was decided to contribute
Community assistance worth ECU 15,93 million ( about
PTA 2 billion ) to this project while the Cantabrian regional
authorities would contribute at least as much in national

matching funds . When this contribution was approved, the
ERDF paid a first advance of ECU 7,96 million to the
authorities benefitting from the project .

Since the appropriations had been committed in response to
the duly substantiated request of the Spanish authorities, at
the end of 1992, the latest date for payment was put back
from 31 December 1992 to 31 December 1993 .

At the last meeting of the Monitoring Committee in 1993,
the regional authorities stated that they would abandon the
investment in water treatment and the project would in the
end deal only with solid waste, which could absorb all the

On 18 October 1991 the Official Journal of the
European Communities i 1 ) published the communication
' Application of Articles 92 and 93 of the EEC Treaty and
Article 5 of Commission Directive 80 / 723 / EEC ( 2 ) to public
undertakings in the manufacturing sector '. What is the likely
extent of application of this controversial communication in
the context of the European Economic Area ?

f 1 ) OJ No C 273, 18 . 10 . 1991, p . 2 .

( 2 ) OJ No L 195, 29 . 7 . 1980, p . 35 .

Answer given by Mr Van Miert

on behalf of the Commission

( 10 December 1993 )

The communication of 1991, concerning the application of
Articles 92 and 93 of the EC Treaty and of Article 5 of
Directive 80 / 723 / EEC to public undertakings in the
manufacturing sector, was annulled by the Court of Justice
in June 1993 . Subsequently, in July 1993, the Commission
adopted the reporting obligations, previously set out in
the 1991 communication, as an amendment ( J ), under
Article 90(3 ) EC Treaty to Directive 80 / 723 / EEC . At the
same time the remainder of the 1991 communication was

re-adopted by the Commission .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 43

Once the legislation governing the European Economic Area WRITTEN QUESTION E-2916 / 93
has come into force, both the 1993 amendment to Directive by Sotiris Kostopoulos ( PSE )
80 / 723 / EEC and the re-adopted communication will form
to the Commission
part thereof .

( 18 October 1993 )

(M OJ No L 254, 12 . 10 . 1993 . ( 94 / C 310 / 77 )

Subject : Environment of the river Araxthos

WRITTEN QUESTION E-2886 / 93

by Enrico Falqui ( V )

to the Commission

( 11 October 1993 )

( 94 / C 310 / 76

Subject : Compliance in Italy with the Directive on the

quality of bathing water

Last July the Italian Environment Minister produced a draft
decree law regulating thermal discharges into the sea, which
is intended to amend one of the articles of Italian Law

319 / 76, better known as the ' Merli Law ', which defines the
parameters for bathing water quality . If the decree is
adopted the statistical water sampling methodologies laid
down in the Regulation implementing the Merli law will be
amended in Italy .

In particular, the task of defining these methodologies will
be entrusted to the Water Research Institute and those

involved in the activities concerned will be authorized to

dilute the thermal discharges during the 30 days needed to
pass the new regulation implementing the Merli law .

Does the Commission not think that such an amendment to
existing law would be contrary to Directive 76 / 160 / EEC ( ] ),
which clearly lays down in the Annex thereto the analysis
and inspection methods to be followed in the testing of
bathing water quality ?

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

The River Araxthos is facing ecological disaster due to the
removal of large quantities of sand and gravel . Because the
relevant authorities have been liberal in giving their
authorization — authorization that is usually given orally —
sand and gravel are being removed from the river bed not
only to meet the needs of projects in the region, but also for
storage to be sold later to other projects . Can the
Commission protect the River Araxthos from this ecological
disaster ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(9 December 1993 )

Greece has not classified the zone under consideration as a

Special Protection Area according to Article 4 of the
Directive 79 / 409 / EEC ( l ) concerning the conservation of
wild birds, which is the only legal basis for Community
intervention for nature conservation applicable at present ;
nor has this river been identified as requiring such a
classification .

Consequently, it is the exclusive competence of the Greek
authorities to decide what type of management this river
requires .

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

WRITTEN QUESTION E-2933 / 93

by Victor Arbeloa Muru ( PSE )

to the Commission

Answer given by Mr Paleokrassas ( 18 October 1993 )

on behalf of the Commission ( 94 / C 310 / 78 )

(8 December 1993 )

Subject : International agreements and subsidiarity

The Commission is not in possession of the draft law
concerned and is therefore unable to assess it .

With a view to attaining the objectives of the EEC Treaty,
has the Commission taken steps over recent months towards
becoming a party to international agreements before trying
to draw up any internal acts ?

No C 310 / 44 Official Journal of the European Communities 7 . 11 . 94

Answer given by Mr Delors
on behalf of the Commission

Answer given by Mr Steichen

on behalf of the Commission

( 25 February 1994 ) ( 29 March 1994 )

The Uruguay Round negotiations finished on 15 December

1993 .

Implementing the principle of subsidiarity even before the
entry into force of the Treaty on European Union and
Article 3b EC in which it is enshrined, the Commission first
examined the possibility of withdrawing proposals pending
in various sectors and, moreover, notified Parliament of its
findings to enable it to make its observations .

However, as to the exercise of the Community 's external
powers, the Commission considers that the absence of
internal legislation can be justified only if the Community
can play a full part in the elaboration of international rules .
It is for this reason that the Commission envisaged
withdrawing a proposal for a Directive on the harmonized
use of radio frequencies provided action was taken to secure
Commission participation in the competent international
body and, in the meantime, the Member States uniformly
applied that body 's rules .

The Honourable Member is advised to refer to the
Commission proposal of 10 September 1993 ( J ) for a
Council Decision on the implementation by the Member
States of measures concerning radio frequencies, which
provides for the implementation of these arrangements .

(') OJ No C 266, 1 . 10 . 1993 .

WRITTEN QUESTION E-2944 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

( 20 October 1993 )

As regards agriculture, the Honourable Member will be
aware that in December 1993 the US and the Community
agreed upon certain improvements to the Blair House
Agreement, particularly as regards commitments on
subsidized exports and the so-called peace clause .

In the opinion of the Commission, the results obtained in the
Uruguay Round represent a balanced outcome for all
contracting parties . The Community has always insisted
that, to be acceptable, any outcome for the Uruguay Round
in the agricultural field would have to be compatible with
the CAP . This objective has been achieved .

WRITTEN QUESTION E-2965 / 93

by Christine Crawley ( PSE )

to the Commission

( 20 October 1993 )

( 94 / C 310 / 80 )

Subject : Child workers in Portugal

Is the Commission aware that Unicef recently published
findings that more than 50% of Portuguese children
between 10 and 14 years of age work, and that 85 % of
children who leave school before the official leaving age do
so in order to seek employment ? Is the Commission aware
that the situation is considered so grave that Anti-Slavery
International has twice raised this situation in the UN

Working Group on contemporary forms of slavery ? What
steps can the Commission take to help bring an end to this
state of affairs ?

Answer given by Mr Flynn
on behalf of the Commission

( 94 / C 310 / 79 )
( 20 January 1994 )

Subject : Review of the EC-USA agreement on reducing

agricultural subsidies

Following France 's struggle to obtain a review of the
agreement between the EC and the USA on reducing
agricultural subsidies there has been a clear shift in other
Member States of the Community, such as Greece, Spain,
Italy and Ireland, in favour of the French position on this
matter . Given this situation, what measures does the
Commission intend to take to find a solution to this serious

problem ?

On 23 November 1993 the Council adopted a common
position on the proposal for a Directive concerning the
protection of young people at work .

Under the terms of this proposal, Member States must take
the necessary measures to prohibit work by children .

Within the meaning of the Directive, a child is taken as
meaning any young person who is less than 15 years of age
or who is still subject to full-time compulsory education
under national law .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 45

WRITTEN QUESTION E-2972 / 93

WRITTEN QUESTION E-2966 / 93 WRITTEN QUESTION

by Christine Crawley ( PSE ) by Christine Oddy ( PSE )

by Christine Crawley ( PSE )

to the Commission to the Commission

( 20 October 1993 ) ( 20 October 1993 )

( 94 / C 310 / 81 ) ( 94 / C 310 / 82 )

Subject : Illegal trade in rhino horn

Subject : VAT collection

What actions will the Commission be taking to enforce a
total ban on illegal trade in rhino horn, bearing in mind
Given that the full amount of VAT will be ultimately recent moves by the USA to consider imposing sanctions on
collected, do the VAT Directives allow Member States to the Chinese and Taiwanese Governments ?
simplify the means of collection within those States under
the terms of subsidiarity ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 13 January 1994 )
Answer given by Mrs Scrivener

on behalf of the Commission

(9 December 1993 ) Both China and Taiwan recently agreed to take further steps
with regard to the enforcement of the existing total ban on
trade in rhino horn .

A basic principle of VAT is that the tax should be applied at
each stage of the economic circuit, even if it is deducted at
the next stage . This technique renders VAT economically
neutral and helps to combat tax avoidance, while enabling
the Member State to receive advance payment of the tax .

In addition, cooperative action was decided by the Cites
Standing Committee in September, with a view to further
improvements . The Committee on the Convention,
established under Article 19 of Council Regulation ( EEC )
No 3626 / 82 (*), decided to await the results of these efforts
before considering whether further action is necessary .

Nevertheless, the Sixth VAT Directive ( 77 / 388 / EEC ) ( )
allows Member States to derogate from this principle in (M OJ No L 384, 31 . 12 . 1982 .
cases where goods are covered by free-zone, customs or tax
warehousing arrangements . Similarly, Member States may
exempt imports, intra-Community acquisitions, and
supplies of goods intended for a taxable person with a view
to being exported . These measures simplify collection of
VAT and exempt taxable persons from payment of a tax
which would subsequently be refunded . WRITTEN QUESTION E-2974 / 93

by Panayotis Roumeliotis ( PSE )

Under Article 27 of the Directive, Member States may also
be authorized by the Council to introduce special measures
for derogation from the common provisions in order to
simplify the procedure for charging the tax or to prevent
certain types of tax evasion or avoidance . These measures
may provide for VAT to be collected at a single stage of the
economic circuit or may disregard certain transactions
either because of the trader 's status or on account of certain

special features of the transaction . However, they may not
affect the amount of tax due at the final consumption

stage .

to the Commission

( 25 October 1993 )

( 94 / C 310 / 83 )

Subject : Problems due to ending of wine subsidies

., they may not According to an announcement by the Federation of
affect the amount of tax due at the final consumption Agricultural Associations of Heraklion, Crete, the ending of
stage . Community subsidies for bottled wines is creating severe

problems for a product already encountering difficulties in
finding markets in 1993 as well as for a substantial number
(M OJ No L 145, 13 . 6 . 1977 . of workers employed in this particular sector .

What action does the Commission intend to take on

this ?

No C 310 / 46 Official Journal of the European Communities 7 . 11 . 94

Answer given by Mr Steichen

on behalf of the Commission

( 27 January 1994 )

The Commission has not been able to identify the

Community aid concerned from the wording of the
Honourable Member 's question . However, it assumes that
he is referring to the levels of export refunds in the
wine-growing sector .

The measure in question, which provides inter alia for a
20 % cut in the current level of refunds, was adopted after a
substantial fall in wine prices had been recorded on the
representative production markets in the Community . All
other conditions remaining equal, this fact justifies the
adjustment in the level of refunds .

of principles issued for the close of the European Year of
Older People and Solidarity between Generations 1993 i 1 ),
in particular paragraph 11 ( iii ) of the Declaration,
concerning services .

The Commission would stress that the matters raised are

primarily of concern to the United Kingdom authorities .

(!) OJ No C 343, 21 . 12 . 1993 .

WRITTEN QUESTION E-2995 / 93

by Herman Verbeek ( V ) and
Friedrich-Wilhelm Graefe zu Baringdorf ( V )

to the Commission

( 25 October 1993 )

( 94 / C 310 / 85 )
WRITTEN QUESTION E-2979 / 93

by Lyndon Harrison ( PSE )

to the Commission

( 25 October 1993 )

( 94 / C 310 / 84 )

Subject : - European Year of the Elderly and solidarity

between generations

Is the Social Affairs Commissioner aware that the United
Kingdom Government, in preparation for privatization of
Post Offices in the United Kingdom, had deliberately misled
elderly persons and those eligible for social security benefits
currently paid weekly, in cash, at rural and sub-post offices
by omitting to offer this form of payment as an option
although it remains a statutory right . Government ­
distributed literature seeks to persuade recipients to have
their benefits paid by direct transfer to a bank account .
Many elderly people do not have a bank account and have
not been advised that they can continue the long accepted
method of collection as a right . Any attempt to discontinue
this could mean the closure of many small and rural post
offices and deprive the elderly ( and other social security
beneficiaries ) of the shopping and social opportunities
enjoyed at present .

Will the Commission seek to safeguard the elderly from such
discrimination in this, the European year of special
provision for their needs .

Subject : Organic production of agricultural products :

progress of legislation on organic animal
production

Article 1(2 ) of Council Regulation ( EEC ) No 2092 / 91 ( l ) on
organic production of agricultural products and indications
referring thereto on agricultural products and foodstuffs
states that a proposal concerning the principles and specific
measures of control governing organic animal production,
non-processed animal products and products intended for
human consumption containing ingredients of animal origin
shall be submitted by the Commission as soon as possible
and before 1 July 1992 .

On 18 October 1992 we put a question to the Commission
on how long it would take to draw up the proposal . Can the
Commission now be more specific about the time-frame,
given that the organizations concerned are very anxious that
the proposal should be submitted owing to the serious
problems raised by the lack of legislation on organic
products of animal origin ?

Can the Commission therefore indicate when it will be able

to submit the proposal ?

(!) OJ No L 198, 22 . 7 . 1991, p . 1 .

Answer given by Mr Steichen

on behalf of the Commission
Answer given by Mr Flynn
on behalf of the Commission ( 21 March 1994 )

( 13 January 1994 )

The Commission has noted the points raised in the question
and wishes to recall, in this context, the Council Declaration

In the explanatory memorandum to its proposal of
12 November 1993 for a Council Regulation amending
Regulation ( EEC ) No 2092 / 91 on organic production of

7 . 11 . 94 Official Journal of the European Communities No C 310 / 47

agricultural products and indications referring thereto on
agricultural products and foodstuffs ( 1 ), the Commission
explained that since the adoption by the Council of
Regulation ( EEC ) No 2092 / 91, which was restricted in a
first phase to unprocessed agricultural crop products and
processed foodstuffs essentially composed of ingredients of
plant origin, the Commission has concentrated on the
proper management of the regime . The short experience
with the regime has shown that a number of provisions
needed to be clarified or improved to permit proper
implementation .

In this situation, it appeared premature to extend at this
stage the scope of the Regulation to animal products, given
also the greater complexity of the issues involved . The
Commission has therefore given priority to the development
of a proposal which aims primarily to improve the
functioning of the current regime .

Although preparatory technical work to develop the
standards and specific inspection rules for animal products
is in hand, the Commission considered it would be prudent
to delay finalization of a proposal on animal products to the
more realistic date of 30 June 1995 .

(M COM(93 ) 558 .

WRITTEN QUESTION E-2996 / 93

by James Elles ( PPE ), Otto von Habsburg ( PPE ),
Fernand Herman ( PPE ) and Ria Oomen-Ruiiten ( PPE )

to the Commission

( 25 October 1993 )

( 94 / C 310 / 86 )

Subject : Relations between the EC, eastern Europe and the

CIS

Events have moved rapidly in the past few months, with
respect to relations between the European Community and
countries in eastern Europe and the CIS . Decisions are being
taken by EC authorities which appear to react to events
rather than be part of a broad well thoughtout strategy .

Will the Commission indicate :

1 . Which countries will be eligible for negotiating an
association agreement with the EC ? Does this include
the Baltic States ?

2 . Does the fact of having negotiated an association
agreement with the EC give a third country an implicit
right to expect EC membership in the longer term ?

3 . How far does the EC plan to negotiate the four freedoms
of the Single Market with Russia and the other republics
which are currently members of the CIS ?

4 . Whether it is now possible to set down where the eastern

frontier of the European Community will finally be ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 21 December 1993 )

1 . Europe agreements, establishing associations with the
Community have been negotiated and signed with Poland,
Hungary, the Czech and Slovak Republics, Romania and
Bulgaria . The preambles to the trade and economic
cooperation agreements with Albania, Estonia, Latvia,
Lithuania and with Slovenia mention that association

agreements can be negotiated in due course with these
countries, when conditions are met .

2 . The Copenhagen European Council of June 1993
agreed that the associated countries in central and eastern
Europe that so desire shall become members of the
European Union . Accession will take place as soon as an
associated country is able to assume the obligations of
membership by satisfying the economic and political
conditions required .

3 . It has never been the aim of the Community to
negotiate with the successor States of the former Soviet
Union the four freedoms of the single market .

The partnership and cooperation agreements which the

Community has started negotiating with Russia and a
number of other successor States of the former Soviet Union

are, unlike the Europe agreements, not based on the creation
of free-trade areas . The partnership and cooperation
agreements will be based on the principle of mutual
Most-Favoured-Nation ( MFN ) treatment . However, at
least as far as Russia is concerned, it will contain a provision
allowing under certain conditions for it to develop into a
free trade agreement at a later stage .

Under the new agreements at present being negotiated, trade
in goods will be based on MFN treatment . In the meantime,
the Community has introduced certain autonomous market
opening measures . For example, the successor States of the
former Soviet Union have been included in the system of
generalized preferences . For cross-border trade in services
the draft agreement for Russia envisages MFN treatment for
a list of services to be defined .

Concerning the establishment of companies, the improved
negotiating directives of 5 April 1993 which, so far, apply
exclusively to Russia, foresee MFN treatment for the
establishment of companies and national treatment for the
operation of companies . The mandate of October 1992,
which is still valid for all other successor States of the former

No C 310 / 48 Official Journal of the European Communities 7 . 11 . 94

Soviet Union, foresees MFN treatment for both the Measures implemented so far include :
establishment and the operation of companies .

Concerning capital movement connected with direct
investment made in companies, the draft agreements
envisage in principle ensuring the free movement of capital,
but, at least as far as Russia is concerned, with certain,
probably temporary, restrictions for capital movements
connected with outward investment made by Russian
residents .

The free movement of workers is not envisaged . However,
the draft agreement envisages non-discriminatory treatment
of legally employed workers .

4 . Given the tumultuous changes, political and
economic, over recent months and years, it would be rash to
forecast where the future eastern frontiers of the

Community will be set and within what time-frame .
However, it is clear that, at present, the Community does
not envisage future membership for the Newly Independent
States of the former Soviet Union .

WRITTEN QUESTION E-3044 / 93

— identification in the legislative programme of
forthcoming proposals which, at first sight, should be
preceded by broad consultations ;

— publication of work programmes and legislative
programmes in the Official Journal of the European

Communities to publicize action planned by the
Commission ;

— measures to publicize the existing databases ;

— publication in ' the Official Journal of the European

Communities each week of lists of documents on general
topics ;

— adoption of a new information and communication

policy .

For further information, the Honourable Member is
referred to the Commission 's communication on openness
in the Community ( ).

(!) OJ No C 166, 17 . 6 . 1993 .

by Yves Verwaerde ( PPE ) WRITTEN QUESTION E-3077 / 93

to the Commission by Kenneth Stewart ( PSE )

( 29 October 1993 ) to the Commission

( 94 / C 310 / 87 ) (5 November 1993 )

( 94 / C 310 / 88 )

Subject : Commission programme for 1993 / 94

In its communication No 93 / C 125 / 01 ( ), the Commission
outlined its programme for 1993 / 94 .

The main priorities for future action set out in this
programme include information and clarification, as well as
greater transparency in a Community closer to its
citizens .

On this last point, will the Commission provide details of
the initial results of its work ?

f 1 ) OJ No C 125, 6 . 5 . 1993, p . 1 .

Answer given by Mr Delors
on behalf of the Commission

( 17 December 1993 )

The Commission is taking measures in various areas of
activity, particularly as regards initiatives to encourage
greater public participation in the preparation of
Commission Decisions and proposals, its annual work
programme and legislative programme, access to
documents, dissemination of existing information, and
information and communication policy .

Subject : Proposed new prison at Fazakerley, Liverpool

Does the Commission agree with the British Government in
their persistence in building a new prison in Fazakerley,
Liverpool, the area being the most institutionalized prison
area in the whole of Europe ?

The site is in full view of patients from the nearby Fazakerley
Hospital and surrounded by a residential housing estate,
which we consider bad planning .

The vast majority of residents are opposed to this project
and the possibility of a further experiment of prison ships on
the Mersey .

Will the Commission investigate the advisability of such a
scheme, in view of the very high density of residential and
hospital property in this area ?

Answer given by Mr Pinheiro

on behalf of the Commission

(8 December 1993 )

The Commission would take this opportunity to remind the
Honourable Member that many areas are outside

7 . 11 . 94 Official Journal of the European Communities No C 310 / 49

Community competence, including penal policy and town
planning .

The areas of Catalonia eligible under Objectives 2 and 5(b )
are covered by this assistance . The measures in question
receive assistance from the national and regional
governments and from local authorities ( the Community
contribution to these two Objectives is 50 % of total public
expenditure ):

( million ECU )
WRITTEN QUESTION E-3 110 / 93

Community
part-financing

( ERDF )

by Concepció Ferrer ( PPE )

to the Commission

( 10 November 1993 )

( 94 / C 310 / 89 )

Subject : Financial assistance to the Catalan textile industry

as part of the Retex Community initiative

The European Commission has granted the first financial
assistance through the Structural Funds under the Retex
initiative to the regions affected by the restructuring of the
textiles sector in France .

Can the Commission say whether any programmes have
been submitted with the aim of solving the problems
afflicting the Catalan textiles industry, which is suffering
from a worrying and continuing loss of jobs in the
ready-to-wear clothing sector ?

Answer given by Mr Millan
on behalf of the Commission

( 28 January 1994 )

On 2 December 1992 the Spanish authorities sent the
Commission a proposal for an operational programme
under the Retex Community Initiative to assist a number of
areas in eleven regions, including Catalonia, between 1993
and 1997 .

The Retex Programme for Spain was approved on 28 July

1993 . The total cost to public funds is ECU 145 088 000,
broken down as follows :

— Structural Funds : 90 393 000 ( 62,3% ). ERDF :
87 312 000 comprising Objective 1 : 50 811,000
Objective 2 : 35 039 000, Objective 5(b ): 1 462 000 .
ESF : 3 081 000 comprising Objective 1 : 2 780 000,
Objective 2 : 301 000 .

Areas / measures administration Beneficiary

Objective 2 ( one measure Central 19,847
also benefiting Aragon, La
Rioja and Madrid )

Objective 2 ( six measures ) Regional 7,947

Objective 2 Local 6,391

( eight measures )

Objective 2 ( one measure ) Local 0,301

Objective 5(b ) ( one measure Central 1,188
also benefiting Aragon )

Objective 5(b ) Local 0,147

( one measure )

It should also be noted that the Retex initiative provides
support for areas heavily dependent on the textiles and
clothing industry to reduce the extent of that dependence
and facilitate the adaptation of viable firms in all industrial
sectors . This means that Retex is not a sectoral measure but

one designed to strengthen industry in the region .

WRITTEN QUESTION E-3 138 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

( 19 November 1993 )

( 94 / C 310 / 90 )

Subject : Use of Special Local Government Development

Programme funds in Greece

With a view to the funding of the Special Local Government

— Central governments : 27 018 000(18,6% ) Development Programme ( SLGDP ) in Greece, will the

Commission examine the possibility of including this

— Regional governments : 20 985 000 ( 14,5 % ) programme Operational Programmes in the sub-programmes and prevent it being of the split Regional into a

large number of small-scale projects, in order to avoid
— Local authorities : 6 692 000 ( 4,6% ) SLGDP funds being wasted ?

— Central governments : 27 018 000(18,6% )

— Regional governments : 20 985 000 ( 14,5 % )

No C 310 / 50 Official Journal of the European Communities 7 . 11 . 94

Answer given by Mr Millan
on behalf of the Commission

(5 January 1994 )

The Commission thinks that local development
programmes in Greece should be correctly planned,
managed and coordinated . With this in mind it is going to
examine with the Greek authorities the most appropriate
way of financing this type of activity on the basis of
proposals made by the said authorities for the preparation
of the next Community support framework

( 1994—1999 ).

Belgium 94,2 108,9 117,3

Denmark 91,9 114,0 126,7

Germany 92,0 110,8 115,1

Greece 248,3 295,3 308,1

Spain 109,4 145,5 153,5

France 98,5 120,1 123,0

Ireland 106,3 119,0 125,1

Italy 117,9 148,2 147,3

Luxembourg 99,4 112,5 115,9

Netherlands 93,4 105,5 112,5

Portugal 135,7 183,9 206,7

( 1992 indices-base : 1985 = 100 )

Member State

Production

prices for

. agricultural

products

Consumer

prices
for agricultural

products

General index

of consumer

prices

WRITTEN QUESTION E-3202 / 93 United
Kingdom 114,7 150,0 146,4

by Victor Arbeloa Muru ( PSE )

to the Commission Source : Eurostat .

( 23 November 1993 )

( 94 / C 310 / 91 )

Subject : Agricultural prices and the consumer

Have the falling prices for agricultural products since 1989
been accompanied to date by a corresponding fall in the
prices paid by the consumer ?

WRITTEN QUESTION E-3212 / 93

by lb Christensen ( ARC )

to the Commission

( 23 November 1993 )

( 94 / C 310 / 92 )

Subject : Exemption from capital requirements in financial

Answer given by Mr Steichen institutions

on behalf of the Commission

(2 February 1994 )

Passing on fluctuations in production prices of agricultural
products to the consumer is a complex business . A number
of factors play a role in the process, including the type of
products, the processing they undergo before reaching the
final consumer, the profit margins of processers and
distributers, the level of competition on the market,
particularly at the marketing stage, and the impact of
taxation . All these factors make it very difficult, if not
impossible, to analyze the impact of a change in producer
prices on the prices paid by consumers .

Having said this, in recent years there has been a slowing, if
not a fall, in production of agricultural products in several
Member States, while the consumer price index for
foodstuffs has continued to rise . However, as the following
table shows, the price index for foodstuffs has risen more
slowly in almost all Member States since 1985 than the
general consumer price index .

Paragraph 44 of the Danish law on banks and savings banks
allows for exemptions from the capital requirement of ECU
5 million in general and, in the case of local credit
cooperations, of ECU 1 million .

This applies to financial institutions granted authorization
prior to 18 December 1989 .

1 . Does the Commission consider such exemptions to be in
breach of Community legislation ?

2 . Do any Commission proposals or plans exist to render
such exemption provisions inapplicable in Denmark
and the rest of the Community ?

3 . Can the exemption provisions be expected to become
inapplicable at some time or another and, if so,
when ?

7 . 11 . 94 Official Journal of the European Communities No C 310 / 51

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 28 January 1994 )

The Commission is aware of the content of the Danish

legislation on banks and savings banks, which exempts
credit institutions granted authorization prior to
18 December 1989 from the minimum capital requirement
laid down in the Second Council Directive on the

coordination of laws, regulations and administrative
provisions relating to the taking-up and pursuit of the
business of credit institutions ( 89 / 646 / EEC ) ( 1 ).

This exemption is consistent with Article 10(2 ) of the same
Directive, which contains a ' grandfather clause ' applicable
to all Member States . The Commission sees no reason to

abolish this clause, which has given rise to no problems to
date .

0 ) OJ No L 386, 30 . 12 . 1989 .

WRITTEN QUESTION E-3241 / 93

by Marc Galle ( PSE )

— short term : to capitalize on projects already under way

and which will bear fruit in 1993 / 94, giving visibility to
the Community 's cooperation and job creation, e.g. in
the fields of housing, credit and assistance for small and
medium-sized businesses, solid waste removal, sewage,
Gaza hospital, construction of classrooms, completion
of industrial parks .

— medium term : to contribute to the economic

normalization of the territories by improving the
economic and social infrastructure e.g.
telecommunications, roads, electricity, industrial

estates .

4 . In order to enable the Palestinians to handle large
amounts of international assistance, the Commission
considers it important to help them to establish the requisite
technical and financial machinery . For this the Commission
is prepared to give the Palestinians the necessary technical
assistance .

5 . In addition to the existing 1993 EC aid programme

( 23 projects for ECU 15 million ) the following action has
been initiated since September 1993 :

to the Commission ( a ) Environmental projects :

( 23 November 1993 )

( 94 / C 310 / 93 )

Subject : Financial aid following the Gaza-Jericho Accord

Following the conclusion of the Gaza-Jericho Accord
between the State of Israel and the official representative of
the Palestinian people, the PLO, the European Community
announced that it would provide financial aid .

How much is being provided, under what budget heading
and for what projects ?

Answer given by Mr Marin
on behalf of the Commission

( 19 January 1994 )

1 . The Commission proposed to the Council on
29 September 1993, that ECU 100 million per year for the
years 1994 — 1998 be made available by the Community in
the form of grants and long-term loans, totalling ECU
500 million . Half of this amount would be provided by the
Community budget and the balance through EIB lending .

2 . Since the World Bank has estimated the minimum

capital requirements of the Gaza Strip and the West Bank to
be in the range of ECU 422 — 464 million per year

( 1994 — 2003 ) the Commission considers its contribution
appropriate taking into account the needs and absorption
capacity .

3 . The Community 's approach will focus on two
complementary aims :

— Rafah Municipality ( Gaza ) solid waste disposal
programme . Project start : October 1993 ; Cost ECU

1,5 million .

— Gaza City solid waste disposal programme .
Feasibility study ready . Agreement being prepared .
Project start : January 1994 ; Cost : ECU 1,5 million

( Phase I ).

( b ) ECU 20 million additional aid approved on 19 October

1993 :

— ECU 15 million for running costs of universities and

community colleges .

— ECU 5 million for technical assistance will be used

immediately once committed to launch various
studies necessary for short and medium term
projects . The Community technical assistance office
in Jerusalem will be financed out of this .

( c ) A further ECU 9 million will be available end
November 1993 for the I Phase of the Rafah ( Gaza )
sewage project .

6 . For 1994 ECU 50 million in grants have been
proposed and pre-programming is being prepared now .
Projects will be ( in million ECU ):

— housing programme in the Gaza Strip : 10 ;

— school construction in the Gaza Strip : 10 ;

— industrial parks in the Gaza Strip : 10 ;

No C 310 / 52 Official Journal of the European Communities 7 . 11 . 94

— credit programme for small / medium size

enterprises : 8 ;

— microprojects in the West Bank and the

Gaza Strip : 7 ;

— general technical assistance, research and studies : 5 .

( This technical assistance is designed to-prepare projects for
the medium - and long term allocation of Community funds
and also for possible EIB loan interventions )

7 . The aid is financed from the budget line for assistance
to the Occupied Territories ( B7-406 in the 1993 budget ).

WRITTEN QUESTION E-3397 / 93

by Sotiris Kostopoulos ( PSE )

to the Commission

(2 December 1993 )

( 94 / C 310 / 94 )

Subject : Dismissals in the German automobile industry

40 000 jobs will have been shed by the Daimler-Benz
company by the end of 1994, including 27 000 by
Mercedes, and Volkswagen also intends to shed 12 500
jobs : these figures reflect the scale of the problems facing the
automobile industry in Germany and in Europe in general .
There are widespread fears that the crisis may undermine
social cohesion .

Does the Commission intend to consider how to support the
European automobile industry and to limit mass dismissals
by major companies in that sector ?

Answer given by Mr Bangemann

on behalf of the Commission

( 24 February 1994 )

The Commission is concerned about the job losses in
German and other European car manufacturing companies .
It considers these to be the results of efforts by the industry
to adjust — to a varying degree depending on the company
— in order to become more competitive, as well as a reaction

by the industry to the decline in demand for motor cars in
the Community of approximately 16% in 1993 .

The Commission trusts that — with the economy picking up
— car demand will increase . This should reduce the need to

adjust the level of employment .

The Commission hopes that job losses can be kept to a
minimum . In the case of Volkswagen further redundancies
have been avoided by an agreement on reductions in
working time . The Commission hopes that management
and trade unions in other companies will study this and
other innovative approaches with a view to avoiding
redundancies .

In various ways the European Community is active in
increasing the competitiveness of its motor vehicle industry,
and thus ensuring a strong future for car manufacturing in
Europe . At the same time it is active in facilitating the
adjustment of the sector to ensure social acceptability of this
structural change .

Measures to this effect, envisaged by the Community and
suggested to the Member States, will be presented in a
communication on the motor vehicle industry to be
published early in 1994 .

WRITTEN QUESTION E-3423 / 93

by Ferruccio Pisoni ( PPE ), Franco Borgo ( PPE ), Mauro

Chiabrando ( PPE ), Agostino Mantovani ( PPE ) and

Giuseppe Mottola ( PPE )

to the Commission

(2 December 1993 )

( 94 / C 310 / 95 )

Subject : The spread of esca grapevine disease and how to

control it

Esca disease is a fungus which attacks grapevines, making
the young plants go rotten . It is a disease which dates back to
Roman times, developing and spreading in alternate cycles .
It causes enormous damage to the wine-growing sector, as
entire vineyards are irremediably damaged, including areas
particularly famous for wine-growing or those where
vineyards are an important feature of the landscape and the
environment .

There have been outbreaks of the disease in the Piedmont

area but this is now spreading to other regions of Italy and
other Community Member States .

In view of the above, can the Commission state :

1 . whether it is aware of the progress of the disease and its
possible repercussions ?

2 . what steps it intends to take, i.e. direct measures at

Community level and coordination of action taken by
the Member States ?

7 . 11 . 94 Official Journal of the European Communities No C 310 / 53

Answer given by Mr Steichen

on behalf of the Commission

( 25 February 1994 )

Esca ( Stereum hirsutum ) is a vine disease which is present in
most vineyards . The Commission does not have enough
facts at its disposal to enable it to judge extent of the disease
in the Community .

The Community is currently financing a research
programme on eutypa disease ( Eutypa lata ), a vine disease
which has been spreading rapidly in recent years . Like
Stereum hirsutum, Eutypa lata is a rot fungus and,
according to the literature, seems to be one of the precursors
of esca . If it proved necessary to coordinate the work on esca
at Community level, this could perhaps be done under the

programme .

In addition, the Commission could give specific
consideration to the harmful organism in question in the
context of the measures contained in Council Directive

68 / 193 / EEC on the marketing of material for the vegetative
propagation of the vine . The Commission is currently
preparing a proposal for a revision of that Directive, and the
parameters relating to the presence of harmful organisms
which reduce propagation material 's value for use will have
to be reviewed .

For these reasons, the Commission has made contact with
all interested parties in the salmon sector, Community
producers as well as processors and third country
suppliers .

The Honourable Member will be aware that the Irish

authorities have requested the Commission to take
safeguard action in order to rectify the situation, under
Article 24 of Regulation ( EEC ) No 3759 / 92 on the common
organization of the market in fishery and aquacultural
products .

It is well known that Norway is the principal supplier of
fresh and frozen salmon to the Community market . The
Commission has consistently pointed out — as have the
most concerned Member States — the necessity for
EC / Norwegian cooperation and the need for joint market
stabilizing solutions .

To that end the Commission has made contact with the

Norwegian authorities to explore possible solutions to the
current problem .

After EC / Norwegian consultations the Commission decided
autonomously ( Commission Regulation ( EEC )
No 3193 / 93 ) (*) to introduce a system of minimum import
prices ' erga omnes ' from 20 November 1993, based on
Article 24 of the Regulation . The Commission will continue
to follow the market situation closely and will if necessary
modify or supplement the said scheme .

WRITTEN QUESTION E-3461 / 93 ( J ) OJ No L 285, 20 . 11 . 1993 .

by Winifred Ewing ( ARE )

to the Commission

(9 November 1993 )

( 94 / C 310 / 96 )

WRITTEN QUESTION E-35 12 / 93

Subject : Norwegian salmon dumping

In view of the economic damage being wreaked in certain
disadvantaged areas of the Union which are largely
dependent upon fish farming and salmon fisheries and
where there are few alternative job opportunities, will the
Commission take an urgent initiative to combat the recent
huge increase in cheap salmon imports from Norway to
protect Community producers from unfair competition and
to compensate them for recent losses sustained as a result of
the havoc caused in the markets by Norwegian salmon
dumping ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(1 December 1993 )

The Commission shares the Honourable Member 's

preoccupation at the present state of the market for salmon,
which is characterized by a decreasing price level and a
general over supply .

by Alexander Langer ( V )

to the Commission

( 17 November 1993 )

( 94 / C 310 / 97 )

Subject : Protection of Bishop Pedro Casaldaliga

According to information provided by the French-speaking
Belgian section of Amnesty International, the well-known
and courageous Brazilian bishop of Sao Felix do Araguala

( Mato Grosso ), Dom Pedro Casaldaliga ( nominated for the
Nobel Prize ) has received serious threats to his life . These
threats, which have taken the form of a clearly spelt-out
anonymous warning, are believed to be in response to the
bishop 's commitment to the Xavante Indians, who were
recently assured that some of their ancestral lands would be
restored to them . The unlawful occupants of these lands
and / or groups linked to organizations of ' posseiros ' and
land-owners are alleged to have hired a killer to assassinate
the bishop, who is widely known as a defender of the poor
and was actively involved in the campaign to restore lands

No C 310 / 54 Official Journal of the European Communities 7 . 11 . 94

which previously belonged to Agip Petroli 's ' Fazenda Suia
Missu '. The restoration of these lands was achieved through
patient and effective cooperation between native
communities, Brazilian and Italian non-governmental
organizations ( coordinated by the ' North-South
Campaign '), Brazilian, Italian and European Community
parliamentary and government agencies and the ENI-Agip
Petroli company itself .

operation which has already been launched and will lead
to the award of a diploma, whilst the programme for the
teaching of Portuguese in Malawi, Namibia, Zambia
and Zimbabwe is on a more modest scale ? What are the

characteristics of each of these programmes ?

2 . What amounts have been allocated to each of these

programmes ?

Does the Commission intend to alert its delegation in Brazil,
make representations to the Brazilian authorities concerning
this danger and thus help to improve vigilance and
protection of Dom Pedro Casaldaliga 's life ? Answer given by Mr Marin
on behalf of the Commission

( 28 February 1994 )

Answer given by Mr Van den Broek

on behalf of the Commission

(9 December 1993 )

Concerned at the information provided by Amnesty
International regarding the death threats allegedly received
by the Brazilian bishop of Sao Felix do Araguaia ( Mato
Grosso ), the Commission has indeed alerted its delegation in
Brazil . It has, moreover, asked Member States to consider
whether representations should be made to the Brazilian
authorities on this matter .

WRITTEN QUESTION E-3 707 / 93

by José Gil-Robles Gil-Delgado ( PPE )

to the Commission

(3 January 1994 )

94 / C 310 / 98

Subject : Language-learning programme in the States of the

Southern African Development Community

In March last year, a grant of ECU 2 million was made under
the terms of the Lome Convention in respect of a
language-learning programme in the states of the Southern
African Development Community . The programme is
designed to provide training in English or Portuguese for the
staff of parastatal organizations and private-sector
undertakings, the English-language programme being
directed at Angola and Mozambique and the
Portuguese-language programme at Malawi, Namibia,
Zambia and Zimbabwe . Whilst such encouragement for the
use in the recipient countries of the languages of
neighbouring countries in the same regional organization is
to be welcomed, it must be borne in mind that, in order
genuinely to facilitate trade and cooperation, the aid must be
evenly distributed .

1 . Is it true that the programme for the teaching of English
in Angola and Mozambique is part of a large-scale

1 . It must be remembered that the Portuguese language
and the English language components of this project
represent two quite different stages in the development of
the language training capability of the SADC staff . Thus, on
the one hand, the English component is in fact in its first full
phase of implementation following a successful 18-month
pilot phase funded under the Sixth EDF . The aim of this
pilot phase was to develop the course materials to perfect the
methodology to be used for course delivery, to identify
instructions and to develop an appropriate system for the
management and control of a programme offered in two
separate countries . Now that these objectives have been
achieved, it has been possible for the English language
component to move to full implementation .

On the other hand, due to both administrative and technical
factors, the development of the Portuguese language
component has been somewhat slower and only now is this
component ready to enter its pilot phase . The Seventh EDF
project, therefore, seeks to consolidate and extend the
experience of the English pilot phase and to assist with the
development of the more complex Portuguese component .
It is clear that, should the experience of the Portuguese
language pilot phase be successful, this component too will
move to a phase of full implementation .

It should be emphasized, however, that the project is
designed to meet the effective demand from SADC officials,
civil servants who are involved in SADC projects or in other
aspects of regional cooperation and relevant personnel from
parastatal and private sector organizations . The scale of the
eventual financial allocations to the two components will
therefore reflect this effective demand .

On the question of certification, the only diploma
obtainable as a result of following the various levels of the
English language programme is a certificate of attendance
awarded by the Institute of Languages in Maputo following
an end-of-course assessment . As yet this certificate has no
formal standing within the SADC region . It is anticipated
that a similar certificate procedure will apply to individuals
who successfully complete the various Portuguese language

courses .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 55

2 . The budget for the Seventh FED project is as
follows :

( ECU )

English language 1 225 000

Portuguese language ( pilot phase ) 355 000

Project management 155 000

Contingencies 265 000

Total 2 000 000

whether the Commission assumed joint responsibility when
it co-financed certain projects . He did not answer .

Will the Commission therefore state whether it will, as is to
be expected, assume joint responsibility for the harmful
effects on the inhabitants of the Aspe valley and the natural
heritage of the region of the work on the Somport tunnel and
the Pau-Saragossa motorway improvements co-financed by
the Community ?

Answer given by Mr Paleokrassas

WRITTEN QUESTION E-3727 / 93 on behalf of the Commission

by Alex Smith ( PSE ) ( 21 December 1993 )

to the Commission

(3 January 1994 )

( 94 / C 310 / 99 )

Subject : Nuclear reactor fuel — Edlow Group

What information is held by the Commission on the
corporate background of the Edlow Group of companies
and its involvement in the management and transport of
nuclear research reactor spent fuel into, within and without
Community Member States ? Has the Edlow Group been
given any contract in regard to the handling and transport of
research reactor fuel at the Commission 's Joint Research

Centre reactor sites ?

Answer given by Mr Matutes

In so far as the Community is involved, the Commission has
a responsibility for ensuring that Community legal
instruments which apply in the context of the Somport
tunnel project are complied with . This monitoring of the
application of Community law is carried out by the
Commission within the limits of its competence .

WRITTEN QUESTION E-3789 / 93

by Hemmo Muntingh ( PSE )

to the Commission

( 12 January 1994 )

on behalf of the Commission ( 94 / C 310 / 101 )

( 28 February 1994 )

Edlow International is a United States based company
which specializes in the transportation of radioactive
materials .

This company, among others, organizes the transportation
of fresh and irradiated nuclear fuels between research

reactors within the Community and facilities outside .

Edlow International has not obtained any contract
concerning the handling and the transportation to or from
the Community 's joint research centre reactor sites .

Subject : Allocation of Consumer Protection budget line

B5-101 in 1993

1 . How have the appropriations provided for in 1993 's
Consumer Protection budget line B5-101 ( Representation )
been allocated, and for what purpose ?

2 . In particular, have Parliament 's recommendations for
the way in which the money should be spent been adhered
to ? (')

3 . If not, why not ?

0 ) OJ No L 31, 8 . 2 . 1993, p . 991 .
WRITTEN QUESTION E-3735 / 93

by Gérard Onesta ( V )

to the Commission

Answer given by Mrs Scrivener
( 30 November 1993 ) on behalf of the Commission

( 94 / C 310 / 100 ) ( 28 February 1994 )

Subject : Co-responsibility of the Commission in projects

co-financed by the Community

When giving his oral answer to question H-l 122 / 93 on

17 November, Commissioner Van den Broek was asked

On 15 December 1993 the appropriations provided for
under budget heading B5-101 ' Consumer protection

( Representation )' were allocated to the organizations
referred to in the remarks to the Article in question .

No C 310 / 56 Official Journal of the European Communities 7 . 11 . 94

The one exception was that out of the appropriations for
standardization only the sum of ECU 200 000 was
committed, as the new organization designed to develop the
role of consumers in standardization could not be put into
place until the end of 1993 . In accordance with the remarks
to the budget heading, these appropriations were therefore
committed to measures for the development of consumer
organizations in southern Europe and Ireland .

WRITTEN QUESTION E-3 797 / 93

by Robert Delorozoy ( ELDR )

to the Commission

( 12 January 1994 )

( 94 / C 310 / 102 )

Subject : Redressing the Community budget

According to Commission estimates, fraud involving
Community financial aid represents 10 to 15 per cent of
total expenditure and affects primarily the Structural Funds
and the EAGGF .

There is currently no provision for any system of sanctions
and the Commission says that it does not have the staff to
combat such practices, which damage Europe 's standing .

What measures are being considered to put an end to this
situation ?

Answer given by Mr Schmidhuber

on behalf of the Commission

( 23 February 1994 )

In the absence of any reliable method of putting a conclusive
figure on fraud involving Community funds, the
Commission is unable to confirm the figure mentioned by
the Honourable Member, since the cases of fraud reported
by the Member States do not reflect the total amount of
misappropriated Community funds .

But the Commission is aware of the extent of the problem
and is acting to combat it :

— by coordinating, where necessary, measures taken by

Member States ;

— by proposing legislation and Regulations designed to

protect the Community 's financial interest more

effectively ( see, for example, the various draft
amendments to Council Regulations concerning the
notification procedure in the event of fraud ( J ) and the
Commission 's working plan ) ( 2 ). The proposals include
the adoption of administrative penalties, particularly in
the case of certain agricultural Regulations ( 3 ).

The Commission would point out that it is first and
foremost the responsibility of Member States to detect and
penalize fraud involving Community funds and, therefore,
to introduce appropriate ways and means of doing so .

( ! ) — Proposal for a Council Regulation amending Regulation

( EEC ) No 1552 / 89 implementing Decision 88 / 376 / EEC,
Euratom on the system of the Communities ' own resources,
COM(92 ) 519 final, 11 . 12 . 1992, currently under
consideration by the Council .
— Council Regulation ( EEC ) No 2082 / 93, 20 . 7 . 1993
amending Regulation ( EEC ) No 4253 / 88, laying down
provisions for implementing Regulation ( EEC ) No 2052 / 88
as regards coordination of the activities of the different
Structural Funds, OJ No L 193, 31 . 7 . 1993 .
— Proposal for a Council Regulation replacing Regulation

( EEC ) No 1468 / 81 on mutual assistance between the
administrative authorities of the Member States and

cooperation between the latter and the Commission to
ensure the correct application of the law on customs or
agricultural matters, COM(92 ) 544 final, 21 . 12 . 1992, and
COM(93 ) 350 final, SYN 450, 1 . 9 . 1993 .

( 2 ) See II, point 4, page 5 1 of the Commission 's 1993 annual report

on combating fraud, 20 . 4 . 1993, COM(92 ) 544 final, 21 . 12 .

1992 .

( 3 ) For example :

— Regulation ( EEC ) No 3887 / 92 of 23 . 12 . 1992 laying down

detailed rules for applying the integrated administration and
control system for certain Community aid schemes,
Articles 9(2 ) and 10(2 ), OJ No L 391, 31 . 12 . 1992 .
— Regulation ( EEC ) No 643 / 93 of 19 . 3 . 1993 amending
Regulation ( EEC ) No 2677 / 85 laying down implementing
rules in respect of the system of consumption aid for olive
oil, OJ No L 69, 20 . 3 . 1993 .

WRITTEN QUESTION E-3 808 / 93

by Hugh McMahon ( PSE )

to the Commission

( 12 January 1994 )

( 94 / C 310 / 103 )

Subject : Reorganization of DG V

Can the Commission explain to Parliament the details of the
reorganization of DG V in general and of the Social Fund in particular, which took place in the summer of 1993 ?

7 . 11 . 94 Official Journal of the European Communities No C 310 / 57

Answer given by Mr Flynn
on behalf of the Commission

( 25 February 1994 )

The reorganization of DG V was decided by the
Commission on 28 July 1993 . A copy of the new
organigramme has been sent to the Honourable Member
and to the Secretariat-General of the Parliament .

The reorganization reflects a number of elements
including :

— the creation of a new Directorate responsible for policy

development and evaluation of the European Social
Fund ;

— the creation of a special Task Force for the framework

employment initiative, given the particular importance
to be attached to the issue of employment ;

— the reinforcement of DG V 's capacity for analysis of the

situation in Member States both in the employment and
the social field ;

— some adjustments in the light of the implementation of

the Treaty on European Union, re-grouping
responsibilities in the area of the social dialogue and of
public health .

WRITTEN QUESTION E     - 13 / 94

by Fernand Herman ( PPE )

to the Commission

(8 February 1994 )

( 94 / C 310 / 104 )

Subject : Agreement between France Telecom and Deutsche

Bundespost Telekom

1 . Deutsche Bundespost Telekom and France Telecom
have signed an agreement in principle aimed at merging a
substantial part of their European and transatlantic
activities .

Can the Commission give details of the content and effect of
this initiative ?

2 . The creation of a mega-operator will have a
considerable impact on the European market .

Ought the Commission not to envisage speeding up the
process of infrastructure liberalization in order to restore
some balance to this market ?

3 . In this connection consideration must be given to
removing the restrictions on the use of cable for services
which have already been liberalized, particularly since this
infrastructure is able to provide a range of services to
individual consumers and thus contribute to the universal

service .

What initiatives does the Commission intend to take to

abolish these restrictions in the Member States ?

Answer given by Mr Van Miert

on behalf of the Commission

( 24 March 1994 )

1 . The proposed cooperation arrangement between
France Telecom and Deutsche Bundespost Telekom has
been widely reported . Media coverage indicates that the two
companies intend to create a global alliance through the
creation of a jointly-owned company to provide a range of
data and business services . The new company will be
established from a number of existing parts of the two
operators ' businesses both within and outside Europe .

The Commission cannot provide detailed information
concerning the proposed arrangement, which remains a
matter of commercial agreement between the parties .

2 . On 22 July 1993, the Council agreed a firm timetable
for the future development of the telecommunications
sector . Within the process of preparation up to 1 January

1998, the Commission has undertaken to launch a
wide-ranging debate on the development of infrastructure
through the publication of a Green Paper on infrastructure
by the end of 1994 . That Green Paper will take into account
market developments such as those arrangements referred
to above .

3 . As requested by a number of Member States, the
Commission is currently studying the impact of the possible
liberalization of cable television infrastructure on

telecommunications services . In the light of the results of the
study expected in the near future, the Commission will
evaluate what measures may be appropriate .

WRITTEN QUESTION E-42 / 94

by Jessica Larive ( ELDR )

to the Commission

(9 February 1994 )

( 94 / C 310 / 105 )

Subject : Participation by EFTA countries in EC education

and training programmes

EFTA countries have been able to participate in the EC 's
Comett and Erasmus Programmes since 1990 and 1992
respectively .

Given the prospect of participation by EFTA countries in all
EC education and training programmes with effect from

1 January 1995, is the Commission able to assess :

No C 310 / 58 Official Journal of the European Communities 7 . 11 . 94

1 . The scale of participation by EFTA countries in Erasmus

and Comett to date and the significance attached by the
EFTA countries to such participation ?

2 . How EC grants have been allocated to those
programmes and what the EFTA countries themselves
contribute towards them ? What will the level of their

own contributions be with effect from 1995 ?

3 . Whether participation by the EFTA countries has ( yet )

had any effect on participation by Member States ? Is a
quota system used or to be used with regard to

, participation by the EFTA countries ?

Answer given by Mr Ruberti
on behalf of the Commission

( 20 April 1994 )

1 . The figures available on the participation of the EFT A
countries in Erasmus and Comett give a clear indication of
the extent to which universities and undertakings from these
countries are involved in the cooperation projects developed
under these two Programmes .

2 . The financial contribution of the EFTA countries

under the bilateral agreements up to 1993 was calculated by
applying a proportionality factor reflecting the ratio
between the GNP of these countries and GNP EUR12 . The

total annual contribution of the seven countries was ECU

19,4 million .

From 1994, the rate of contribution of the five EFTA
countries in the European Economic Area will be calculated
by applying the proportionality factor ( GNP EFTA / GNP
EUR12 ) adopted for the 1994 budget ( 9,44% ), to which is
added the EFTA countries ' contribution towards the

Programmes ' administrative costs . The total contribution,
as provided for by Article 82 of the Agreement on the
European Economic Area, is ECU 12,5 million . Switzerland
and Liechtenstein participate in these Programmes on the
basis of bilateral agreements and their financial contribution
is ECU 4,5 million .

3 . The levels of participation of the individual countries

( Member States and EFTA ) are not subject to the
application of a scale, but the Commission does ensure a
balanced participation of all the countries in both
Programmes, while safeguarding Community interests and
the development of the European dimension, which is one of
the selection criteria .

4 . The Commission will send various tables on the levels

of participation of all the countries ( Member States and
EFTA ) directly to the Honourable Member and to the
Secretariat-General of the Parliament .

WRITTEN QUESTION E-288 / 94

by Raymonde Dury ( PSE )

to the Commission

( 25 February 1994 )

( 94 / C 310 / 106 )

Subject : Training of hairdressers : Belgium and France

I understand that students of French nationality who hold
one of the qualifications awarded in Belgium by an
educational establishment in the French-speaking
Community ( of Belgium ), i.e. :

— the fourth-year professional hairdressing certificate ;

— the sixth-year professional hairdressing certificate ;

— the seventh-year professional hairdressing certificate ;

— the certificate of lower secondary education ;

— the certificate of higher secondary education ;

— the supplementary management experience certificate,

are having difficulties getting their qualifications recognized
in France and opening hairdressing salons there .

Can the Commission say what steps have been taken by the
French Government to enable such students to have their

Belgian qualifications recognized in France and to open
hairdressing salons in that country ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(8 April 1994 )

Member States maintain the option of defining the
conditions governing the taking up or pursuit of a
profession and the use of a title provided that this does not
involve any discrimination against nationals of other
Member States . In this respect, France retains the freedom to
require a relatively high standard of training for pursuing
the occupation of hairdresser . Moreover, Article 3 — 1 of
Act No 87-343 of 22 May 1987 supplementing Act
No 46 - 1 1 73 of 23 May 1 946, which governs the occupation
of hairdresser in France, lays down specific conditions of
recognition for Community nationals not in possession of
French qualifications . According to Article 2 of Directive
82 / 489 / EEC of 19 July 1982 laying down measures to
facilitate the free movement of hairdressers in the

Community, activities pursued in another Member State
may be recognized under certain conditions, i.e. the foreign
national must have pursued, in the Member State where he
obtained his qualifications, the occupation of hairdresser as
the person responsible for managing an undertaking for a
period of three to six years .

However, where the foreign national does not have the
necessary professional experience, his qualifications should
nevertheless be taken into consideration . The Court of

7 . 11 . 94 Official Journal of the European Communities No C 310 / 59

Justice, in Case 222 / 86 Unectef v. Heylens [ 1987 ] ECR4097

and Case C-340 / 89 Vlassopoulus [ 1991 ] ECR 1-2357
stressed that national authorities are obliged to take account
of the diplomas, certificates and other evidence acquired in
another Member State by comparing the skills attested to by
such diplomas with the knowledge and qualification
required under national rules ; it added that there must be
procedural safeguard . See answer to Written Question
No 839 / 92 by Mr Glinne (').

The Commission has become aware through individual
complaints of the more specific difficulties encountered by
students of French nationality who possess qualifications
awarded in Belgium . It has contacted the French authorities
several times in this connection, stressing above all the need
to apply the principles deriving from the decisions of the
Court . However, it has not yet been informed of any steps
taken by the French Government to enable such students to
have their Belgian qualifications recognized as equivalent in
France .

The Commission will continue to press the French
authorities to find a solution in the cases mentioned .

(') OJ No C 247, 24 . 9 . 1992 .

WRITTEN QUESTION E-395 / 94

by Maxime Verhagen ( PPE ), Jean Penders ( PPE ) and

James Janssen van Raay ( PPE )

to the Commission

(2 March 1994 )

( 94 / C 310 / 108 )

Subject : South Africa

1 . When will the Commission fulfil its undertaking,
given by Commissioner Bangemann on 14 December 1993
during the debate on future relations with South Africa ( the
Braun-Moser report, A3-0377 / 93 ), to reply in writing to Mr
Verhagen 's questions ?

2 . Can the Commission give Parliament full and detailed
information about expenditure under the Special
Program ?

3 . Is it true that Awepa activities have been financed from
the budget heading for the Special Program and, if so,
which ?

WRITTEN QUESTION E-3 73 / 94

4 . Will the Commission step up its scrutiny of
by Anita Pollack ( PSE ) disbursements under the Special Program ?
to the Commission

(1 March 1994 ).

5 . Will the Commission — in line with the resolution
( 94 / C 310 / 107 )
adopted by Parliament on supporting the process of
democratization in South Africa — set up a voters '
Subject : Strategy on integrated management of Europe 's education programme in consultation and cooperation with

coastal zones the IEC ( Independent Electoral Committee )?

Will the Commission ensure the European Parliament is
consulted on its proposal for a strategy on integrated
management of Europe 's coastal zones, and does it
acknowledge that the strategy should address the problem
of coastal erosion ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(8 April 1994 )

6 . How does the Commission ensure that the funds it

provides to support the process of democratization in South
Africa do not solely benefit the ANC ?

7 . How will the Commission ensure that the extra funds

available for the Special Program benefit new partners ( such
as the Independent Development Trust and the Urban
Foundation ) as well as traditional partners ( such as the
Kagiso Trust, the Council of Churches, etc .)?

In accordance with Article 130S of the EC Treaty, the 8 . With which new partners is the Commission already
Parliament will be consulted on the Commission proposal cooperating in implementing the Special Program ?
for a strategy on integrated management of European
coastal zones . This type of strategy essentially aims at
improving planning at the most effective level, in the light of 9 . Will the Commission take steps to ask the Court of
the subsidiarity principle . Improved planning would also Auditors to draw up a report on the disbursement of funds
reduce damage caused by coastal erosion . under the Special Program in order to ensure that

expenditure is lawful and to check that rumours of fraud are
unfounded ?

No C 310 / 60 Official Journal of the European Communities 7 . 11 . 94

Answer given by Mr Marin
on behalf of the Commission

WRITTEN QUESTION E-521 / 94

by Sotiris Kostopoulos ( PSE )

( 30 March 1994 ) to the Commission

( 14 March 1994 )

( 94 / C 310 / 109 )

1 . The replies of the Commission to the questions raised
by Mr Verhagen during the debate on the future relations
with South Africa on 14 December 1993 are the

following :

2 . The brochure ' The European Community 's Special
Programme on South Africa ', published in May 1993 and
updated at the end of last year, gives an overall view of
expenditures by sector .

3 . Awepa has received support under the Special
Programme through the Southern African Catholic Bishops
Conference ( SACBC ) for one activity : providing technical
assistance to a voter education project for a contractual
amount of 286 000 Rand .

4 . Financial procedures relating to the drawing up of
contracts and the implementation of projects are carried out
in concert with the Commission 's Financial Controller .

Regular missions by Brussels-based staff control the Special
Programme 's activities .

5 . The European Electoral Unit is working with the
Independent Electoral Commission ( IEC ) on voter
education . Six projects presented by the EIC are being
considered at the moment for funding out of the Special
Programme 's resources . Moreover, the Special Programme
for South Africa has been financing since July 1993 voter
education activities through the Media Commission of the
Independent Forum for Electoral Education for a total
amount of ECU 5 273 177 .

6 . The Special Programme has not funded political
parties .

7 . The Special Programme has supported, through
cofinancing, programmes which involve a range of
organizations like the Independent Development Trust ( i.e.
the Water and Sanitation project, 396 ).

8 . Universities, NGOs active in the Health sector,
UNHCR and private consultants have been involved in the
activities of the Special Programme .

9 . The Commission would request more specific
elements on the ' rumours ' referred to in the question but is
ready to have the Court of Auditors report on the Special
Programme .

Subject : A Directive providing compulsory measures to

combat AIDS ( information, monitoring, research
and special programmes )

Can the Commission state whether it intends to draw up a
Community Directive making it compulsory to take
measures to combat AIDS ( information, monitoring,
research and special programmes ) in the various health
programmes of the different European Union Member
States ?

Answer given by Mr Flynn
on behalf of the Commission

(6 May 1994 )

In its communication on the framework for action in the
field of public health ( J ), the Commission presented its
proposals for continuing Community action in the area of
public health in order to fulfil the objective set out in
Article 129 of the EEC Treaty .

Since Article 129 excludes any harmonization of the laws
and Regulations of the Member States in order to contribute
to the achievement of the objectives laid down in the Article,
the Commission will be unable to promote the adoption of a
Community Directive in the area referred to by the
Honourable Member .

However, the plan of action contained in the proposal for a
Decision concerning the extension to the end of 1994 of the

1991— 1993 plan of action in the framework of the ' Europe
Against AIDS Programme ' ( 2 ), which the Commission has
forwarded to the Council, provides for a whole series of
measures to combat AIDS, including notably information,
epidemiological observation and research measures in this

area .

(!) COM(93 ) 559 final of 24 . 11 . 1993 .

( 2 ) COM(93 ) 453 final of 29 . 9 . 1993 .

7 . 11 . 94 Official Journal of the European Communities No C 310 / 61

WRITTEN QUESTION E-5 73 / 94

QUESTION E-5 73 / 94 WRITTEN QUESTION E-729 / 94

Sérgio Ribeiro ( GUE ) by Georgios Anastassopoulos ( PPE )

to the Commission to the Commission

by Sérgio Ribeiro ( GUE )

to the Commission

( 18 February 1994 )

( 22 March 1994 )

( 94 / C 310 / 110 ) ( 94 / C 310 / 111 )

Subject : Directive on money laundering Subject : Breakdown of senior administrative posts by

nationality

Directive 91 / 308 / EEC ( ) on prevention of the use of the
financial system for the purpose of money laundering is, in
our opinion, of key importance in the fight against
drug-trafficking and other illegal activities . According to
Article 17 the Commission should, one year after 1 January

1993 — i.e. on 31 December 1993 — and whenever

necessary thereafter, draw up a report on the
implementation of the Directive and submit it to the
European Parliament and the Council .

Will the Commission provide a breakdown by nationality of
the senior administrative posts from head of unit to
Director-General ?

Answer given by Mr Van Miert

on behalf of the Commission

(5 May 1994 )

Can the Commission say to what extent it has complied with
this Article of the Directive ? The Commission is sending tables showing the nationality

of Commission officials in senior administrative posts direct
to the Honourable Member and to Parliament 's
(!) OJ No L 166, 28 . 6 . 1991, p . 77 .
Secretariat .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 28 March 1994 ) WRITTEN QUESTION E-782 / 94

by Mary Banotti ( PPE )

to the Commission

The Commission is perfectly aware of the content of
Article 17 of the Money Laundering Directive ( 91 / 308 / EEC )
as regards its obligation to draw up a report on the
implementation of this Directive and submit it to the
Parliament and to the Council .

By the date on which this report was due, 31 December

1993, only five Member States had notified the Commission
of the full implementation of the Directive . The Commission
accordingly commenced procedures under Article 169 EC
Treaty against those Member States which have not
implemented the Directive . The situation is further
complicated by the fact that in those Member States that
have adopted the necessary legislation the procedures to
prevent money laundering as laid down in the Directive have
only just come into operation . A report on the situation at
the end of 1993 would be of little value .

The situation in relation to the implementation of the
Directive in the seven Member States that had not done so

by the end of 1993 is encouraging . It is expected that by the
end of June, all Member States will have adopted the
necessary legislation . Accordingly it is hoped that the
Commission will be able to prepare the report which will be
submitted as soon as possible to the Parliament and to the
Council .

( 22 March 1994 )

( 94 / C 310 / 112 )

Subject : Consumer information and safety monitoring

regarding the consumer

Under the Directive on general product safety or the
Directive on product liability, must each Member State be
informed of a fault in a product ( for example a motor car ) or
be obliged to withdraw it if it has been recalled from one
Member State ?

Within the Rapid Alert system are not all Member States
informed of the withdrawal of a defective product, so that
Member States can act on the warning and take the
measures required to protect the consumer ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 22 April 1994 )

Council Directive 85 / 374 / EEC on liability for defective
products O does not provide for any system of exchange of
information between Member States on measures adopted

No C 310 / 62 Official Journal of the European Communities 7 . 11 . 94

to restrict the marketing or the withdrawal of a defective
product from the market .

As far as the urgency procedure is concerned, Council
Decision 89 / 45 / EEC ( 2 ) set up a Community system for the
rapid exchange of information on dangers arising from the
use of consumer products . Under this Decision Member
States are obliged to inform the Commission immediately
through an official notification when they decide to take
measures restricting the placing on the market of a product
or requiring its withdrawal from the market on the grounds
of the serious and immediate risk it presents to the health
and safety of consumers .

However, this obligation does not apply if there exists an
equivalent information procedure provided for by other
Community instruments or if the effects of the risk do not,
or cannot, go beyond the territory of the Member State
concerned .

The Commission, after checking the conformity of the
notification, forwards it to the other Member States and

they in turn inform the Commission of the measures that, on
their own responsibility, they have considered it necessary to
take . Therefore, the notification is first of all the
responsibility of the Member States which have to assess the
European dimension of the potential risk of the product and
the nature of the measures to be adopted . The primary aim
of this procedure is to put Member States in a position to
take any necessary measures .

This information procedure is incorporated into Article 8 of
Council Directive 92 / 59 / EEC ( 3 ) on general product safety
which should be implemented by Member States by 29 June

1994 at the latest . Under this Directive another procedure is
set up, by which, under very precise conditions, the
Commission, assisted by a Committee, could take binding
emergency measures in the form of a Decision addressed to
the Member States .

(M OJ No L 210, 7 . 8 . 1985 .

( 2 ) OJ No L 17, 21 . 1.1989 .
( 3 ) OJ No L 228, 11 . 8 . 1992 .