Source: EURLEX
Language: en
Format: md

# Official Journal

###### of the European Communities

English edition Information and Notices

ISSN 0378-6986

###### C171

Volume 33

12 July 1990

Notice No

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Contents p a g e

I _Information_

European Parliament

_Written Questions with answer_

No 1099/88 by Mr Ben Visser to the Commission

Subject: Financial aid to the animal fodder company Granaria (Supplementary answer) 1

No 301/89 by Lord O'Hagan to the Commission
Subject: Destruction of tropical rainforest 2

No 423/89 by Mr Hemmo Muntingh to the Commission

Subject: Continuing destruction of turtles' breeding grounds on Greek beaches 2

No 424/89 by Mr Hemmo Muntingh to the Commission

Subject: Damage to bird colonies on the Shetland islands caused by fishing activities 3

No 434/89 by Mr Francois de Donnea to the Commission
Subject: Commission inquiry proceeding in the transport sector 4

No 441 /89 by Mr Hugh McMahon to the Commission

Subject: Freedom of movement of football players 4

No 455/89 by Sir James Scott-Hopkins to the Commission

Subject: VAT on bus, train and ferry fares and abolition of duty-free goods 4

No 519/89 by Mr Wilfred Telkamper to the Commission

Subject: Pollution of the Rhine by the Stracel company (Supplementary answer) 5

No 530/89 by Mr Pol Marck to the Commission
Subject: The activities of Kydep (Greece) 6

No 587/89 by Mr Jaak Vandemeulebroucke to the Commission
Subject: Ehlass assessment (project to monitor consumer product safety) 7

(Continued overleaf)

Notice N o Contents (continued) Page

9 0 / C 171/11 N o 610/89 by M r GijsdeVries to the Commission

Subject: Competition in the media sector 8

9 0 / C 171/12 N o 859/89 by M r Jaak Vandemeulebroucke to the Commission

Subject: Measures to prevent dominant positions in the film and television sector and to
guarantee access to the audiovisual media for less widely spoken languages 8

Joint answer to Written Questions Nos 610 and 859/89 8

9 0 / C 171/13 N o 620/89 by M r Francesco Speroni to the Commission

Subject: EFEO consultation 8

9 0 / C 171/14 N o 666/89 by Mrs Barbara Simons to the Commission

Subject: Gold coin imports from the Republic of South Africa 9

9 0 / C 171/15 N o 675/89 by Mrs Winifred Ewing to the Commission

Subject: Euro-Arab University 9

9 0 / C 171/16 N o 708/89 by M r Ernest Glinne to the Council

Subject: Condition of mentally ill patients kept on the Greek island of Leros 9

9 0 / C 171/17 N o 799/89 by M r Victor Manuel Arbeloa M u m to the Council

Subject: Plight of mentally handicapped people on the island of Leros 10

Joint answer to Written Questions Nos 708/89 and 799/89 10

9 0 / C 171/18 N o 765/89 by M r BoukeBeumer to the Commission

Subject: Implementing provisions, monetary sector 10

9 0 / C 171/19 N o 794/89 by M r Victor Manuel Arbeloa Muru to the Commission

Subject: Law against sexual harassment at work 10

9 0 / C 171/20 N o 858/89 by M r Jaak Vandemeulebroucke to the Commission

Subject: Joint action within the IMF 11

9 0 / C 171/21 N o 864/89 by M r Jaak Vandemeulebroucke to the Commission

Subject: Conference of European regional and local authorities in Munich 11

9 0 / C 171/22 N o 875/89 by M r Edward Kellett-Bowman to the Commission

Subject: EC charter companies operating in Greek waters 12

9 0 / C 171/23 N o 878/89 by M r Francois de Donnea to the Commission

Subject: Infringements of Articles 223 (1) (b) of the EEC Treaty detected since 1980 12

9 0 / C 171/24 N o 884/89 by M r Yves Verwaerde and M r Jean-Pierre Raffarin to the Commission

Subject: Standardization of road signs and signals 13

9 0 / C 171/25 N o 888/89 by Mrs Mary Banotti to the Commission

Subject: Highway safety 13

9 0 / C 171/26 N o 901/89 by M r Mark Killilea to the Commission

Subject: Procedural irregularities following a Commission call for tender 13

Notice N o Contents (continued)

9 0 / C 171/27 N o 919/89 by M r Joaquin Siso Cruellas to the Commission

Subject: Community provisions on misleading advertising 14

9 0 / C 171/28 N o 928/89 by Sir James Scott-Hopkins to the Commission

Subject: Labels for products 14

9 0 / C 171/29 N o 947/89 by M r Georgios Romeos to the Commission

Subject: Protection of sponge fishermen 14

9 0 / C 171/30 N o 948/89 by M r Georgios Romeos to the Commission

Subject: Market support for small producers 15

9 0 / C 171/31 N o 958/89 by M r Gianfranco Amendola, M r Virginio Bettini and M r Enrico Falqui

to the Commission

Subject: Harm done by Community aid in County Galway, Ireland 16

9 0 / C 171/32 N o 959/89 by M r Gianfranco Amendola, M r Virginio Bettini and M r Enrico Falqui

to the Commission

Subject: Control of Community legislation on the environment 17

9 0 / C 171/33 N o 977/89 by Mrs Winifred Ewing to the Commission

Subject: Discarding offish inside Norway's territorial zone 17

9 0 / C 171/34 N o 1012/89 by M r Jose Valverde Lopez to the Commission

Subject: Specific measures being prepared by the Commission for Ceuta and Melilla (Spain) 18

9 0 / C 171/35 N o 1031/89 by M r John Bird to the Commission

Subject: Safety of toys 18

9 0 / C 171/36 N o 1052/89 by Mrs Maria Santos to the Commission

Subject: Implications of the construction of the highway along the Algarve coast (Via do
Infante) crossing protected and non-protected natural habitats in the region and areas of fertile
farmland 19

9 0 / C 171/37 N o 1062/89 by M r James Ford to the Commission

Subject: Aid in Ecuador 19

9 0 / C 171/38 N o 1064/89 by M r James Ford to the Commission

Subject: Dangerous imitations Directive 20

9 0 / C 171/39 N o 1074/89 by M r Jesus Cabezon Alonso to the Commission

Subject: Cleanliness of beaches 20

9 0 / C 171/40 N o 1 0 7 8 / 8 9 b y M r A n d r e S a i n j o n t o t h e C o u n c i l

Subject: Registration of vehicles and their use throughout the European Community 21

9 0 / C 171/41 N o 1086/89 by M r James Ford to the Commission

Subject: European arms exports 21

9 0 / C 171/42 N o 1098/89 by M r Pedro Pacheco Herrera to the Council

Subject: Discriminatory treatment of Jerez wines (sherries) in the United Kingdom 21

9 0 / C 171/43 N o 1111/89 by M r Bernard Thareau to the Commission

Subject: Farmers in financial difficulties 22

9 0 / C 171 /44 N o 1122/89 by Mrs A. Pollack to the Commission

Subject: Safety limits on the toxic gas, nitrogen dioxide 23

(Continued overleaf)

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Contents (continued) Page

N o 1131/89 by M r John Bird to the Commission

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Subject: Hygiene contact and the inspection of fresh meat 23

N o 1138/89 by M r Franz Stauffenberg to the Commission

Subject: Mediterranean programme for environmental protection 24

N o 1141/89 by Mrs Pauline Green to the Commission

Subject: Aid to Turkey 24

N o 1184/89 by M r Gerard Monnier-Besombes to the Commission

Subject: Community-financed project which will lead to further degradation of the natural
marine resources of the Firth of Moray (Scotland) 25

N o 1232/89 by M r H e m m o Muntingh to the Commission

Subject: AIDS experiments using threatened species of primates in Africa 26

N o 1234/89 by M r Ernest Glinne to the Commission

Subject: Convention on child adoption 27

N o 1238/89 by M r Gianfranco Amendola to the Commission

Subject: Disposal of waste oil in the Mediterranean 27

N o 1246/89 by M r Thomas Megahy to the Commission

Subject: The common fisheries policy 28

N o 1256/89 by M r Christopher Jackson to the Commission

Subject: Treatment of deer — game meat Regulation 28

N o 1263/89 by M r Victor Arbeloa Muru to the Council

Subject: Insufficient aid for Poland 28

N o 1280/89 by M r Jean-Pierre Raffarin to the Commission

Subject: Cleaning up the coast and coastal waters 29

N o 1290/89 by M r Leopoldo Ortiz Climent to the Commission

Subject: Abolition of customs duty on Spanish agricultural products, the transitional period for
which expires in January 1996 29

N o 1291 /89 by M r Leopoldo Ortiz Climent to the Commission

Subject: Export refunds in the citrus sector 30

N o 1301/89 by Mrs Teresa Domingo Segarra to the Commission

Subject: Inadequate Community aid for Spanish oranges 30

N o 1305/89 by M r Ben Fayot to the Commission

Subject: Sickness and accident insurance for professional drivers driving abroad 30

N o 1314/89 by M r Dick Ukeiwe to the Commission

Subject: Entitlement of a student from an overseas territory of a Member State to enjoy the same
rights, in another Member State, as Community students 31

N o 1315/89 by M r Dick Ukeiwe to the Council

Subject: Entitlement of a student from an overseas territory of a Member State to enjoy the same
rights, in another Member State, as Community students 31

N o 1316/89 by M r Carlos Carvalhas, M r Joaquim da Silva and M r Jose Barros

Moura to the Council

Subject: Oilfield development in east Timor 31

Notice N o Contents (continued) Page

9 0 / C 171/63 N o 1323/89 by M r James Fitzsimons to the Commission

Subject: Duty-free goods from Israel 32

9 0 / C 171 /64 N o 3/90 by M r Terence Wynn to the Commission

Subject: Dumping of Colombian coal 32

9 0 / C 171/65 N o 5/90 by M r Richard Simmonds to the Commission

Subject: Battery cages 32

9 0 / C 171 /66 N o 10/90 by M r Jean-Pierre Raff arin to the Commission

Subject: Storage of nuclear waste 33

9 0 / C 171/67 N o 37/90 by M r Madron Seligman to the Commission

Subject: Killing and trapping of goldfinches 34

9 0 / C 171/68 N o 40/90 by M r Panayotis Roumeliotis to the Council

Subject: Financing of large-scale projects of Community interest 34

9 0 / C 171 /69 N o 46/90 by M r Fernand Herman to the Commission

Subject: Promotion of environmentally friendly products 35

9 0 / C 171 /70 N o 50/90 by M r J. Vandemeulebroucke to the Commission

Subject: Eclair projects 35

9 0 / C 171/71 N o 51 /90 by M r J. Vandemeulebroucke to the Commission

Subject: The provision, within the Community, of information about medicines by sources
outside the pharmaceutical industry 35

9 0 / C 171 _172_ N o 59/90 by M r Jaak Vandemeulebroucke to the Commission

Subject: Convention on the conservation of migratory species of wild animals 36

9 0 / C 171/73 N o 67/90 by Mrs Anita Pollack to the Commission

Subject: Fur 36

9 0 / C 171/74 N o 68/90 by Mrs Anita Pollack to the Commission

Subject: Fur 37

Joint answer to Written Questions Nos 67/90 and 68/90 37

9 0 / C 171/75 N o 77/90 by M r Jean-Claude Pasty to the Commission

Subject: Introduction or continued use of agricultural production practices compatible with the
protection of the environment, fauna or the landscape 37

9 0 / C 171/76 N o 81 /90 by Mrs Jessica Larive to the Commission

Subject: Racism and neo-fascism 37

9 0 / C 171 _177_ N o 124/90 by M r Marc Galle to the Commission

Subject: Regions and the European Court of Justice 38

9 0 / C 171/78 N o 152/90 by M r Ben Fayot to the Commission

Subject: Support for tobacco production 38

9 0 / C 171 /79 N o 159/90 by Mrs Winifried Ewing to the Commission

Subject: Bathing water directive 39

(Continued overleaf)

Notice No Contents (continued)

90/C 171/80 No 162/90 by Mr Joachim Dalsass to the Council
Subject: Should the German Democratic Republic's application for accession be considered
before that of Austria? 39

90/C 171/81 No 165/90 by Mrs Guadalupe Ruiz-Gimenez Aguilar and Mr Florus Wijsenbeek to

the Commission

Subject: Spanish telephone service (Supplementary answer) 40

90/C 171/82 No 176/90 by Mr Jaak Vandemeulebroucke to the Council
Subject: The sequel to the Transnuclear affair 40

90/C 171/83 No 193/90 by Mr Carlos Carvalhas to the Commission
Subject: Agreement on importing energy from France via Spain 41

90/C 171/84 No 221/90 by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin to the Commission
Subject: Uruguay Round agricultural negotiations 41

90/C 171/85 No 289/90 by Mr Gijs de Vries to the Commission
Subject: Competition policy in respect of Article 223 of the EEC Treaty 41

90/C 171/86 No 373/90 by Mr Jean-Pierre Raffarin to the Council
Subject: Protection of the ozone layer 42

90/C 171/87 No 394/90 by Mrs Mary Banotti to the Council
Subject: The right to vote at the 1994 European elections 42

90/C 171/88 No 395/90 by Mrs Mary Banotti to the Council
Subject: Voting rights for Community nationals in local elections in their Member State of
resident 42

90/C 171/89 No 408/90 by Mr Pierre Lataillade to the Commission
Subject: Criteria for awarding public contracts in the Member States 43

90/C 171/90 No 412/90 by Mr Henry Chabert and Mr Alain Marleix to the Council
Subject: Transport infrastructure 43

90/C 171/91 No 440/90 by Mr Willi Rothley to the Council
Subject: Progress by the Council in deliberations on the proposal for a Directive on mortgages 43

90/C 171/92 No 445/90 by Mr Francois Musso to the Commission
Subject: Integrated Mediterranean programmes for Corsica 44

90/C 171/93 No 446/90 by Mr Francois Musso to the Commission
Subject: Integrated Mediterranean programmes for Corsica 44

90/C 171/94 No 483/90 by Mr Jean-Pierre Raffarin to the Council
Subject: Aid for the countries of Eastern Europe 45

90/C 171/95 No 485/90 by Mr Juan de la Camara Martinez to the Council
Subject: Prevention of fires 45

90/C 171/96 No 487/90 by Juan de la Camara Martinez to the Council
Subject: Seat of the European Environment Agency 45

90/C 171/97 No 489/90 by Mr Juan de la Camara Martinez to the Council
Subject: 'Europe against Cancer' programme 45

(Continued on inside back cover)

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Notice N o

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90/C 171/106

90/C171/107

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90/C171/111

90/C171/112

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90/C171/114

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Contents (continued) Page

N o 491/90 by M r Juan de la Camara Martinez to the Council

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Subject: Civil defence 46

No 493/90 by Mr Juan de la Camara Martinez to the Council
Subject: Fight against desertification 46

No 551 /90 by Mr Jean-Pierre Raffarin to the Council
Subject: UN Convention on Children's Rights 46

No 574/90 by Mr Alex Smith to the Commission
Subject: Equal opportunities for female dockers (blue collar workers) in Community ports .... 46

No 591/90 by Mr Gerard Deprez to the Council
Subject: Operation of the counterpart funds in Poland 47

No 637/90 by Mr Francois-Xavier de Donnea to the Council
Subject: Community support for the Colombian Government's 'special cooperation programme' 47

No 655/90 by Mr Ernest Glinne to the Council
Subject: Non-ratification by Belgium of instruments of the ILO 48

No 656/90 by Mr Ernest Glinne to the Council
Subject: Signing and ratification of the European Social Charter 48

No 697/90 by Mr Terence Wynn to the Council
Subject: Procurement Directives and the British coal industry 48

No 698/90 by Mr Herman Verbeek to the Council
Subject: Use of Malumba eggs to prevent the cultivation of coca 49

No 719/90 by Mrs Anna Catasta and Mr Andrea Raggio to the Commission
Subject: Withholding from migrant workers of the right to vote and to stand in elections to
professional chambers in Luxembourg 49

No 757/90 by Mr Ernest Glinne to the Council
Subject: The dangers of CFC-113 emissions by the electronics industry 49

No 759/90 by Mr Ernest Glinne to the Council

Subject: The danger of using plutonium as a 'fuel' for stratospheric rockets 50

No 847/90 by Mr Luigi Moretti to the Council
Subject: Immigration from outside the Community 51

No 848/90 by Mr Yves Verwaerde to the Council

Subject: Code of conduct with regard to information on appropriations granted by the
Community for infrastructure projects 51

No 880/90 by Mr Ernest Glinne to the Council

Subject: Accession of the Community to the European Convention on Human Rights 52

No 890/90 by Mr Ernest Glinne to the Council
Subject: Dangerous 'tattoo' targeted on children 52

12. 7. 90 Official Journal of the European Communities N o C 171/1

_(Information)_

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1099/88

by Mr Ben Visser (S—NL)

to the Commission of the European Communities

_(1 September 1988)_

(90/C 171/01)

_Subject:_ Financial aid to the animal fodder company
Granaria

There has been a long-running dispute in the Netherlands
inland shipping industry concerning the animal fodder
firm Granaria which received authorization from

the Minister of Transport and Public Works, Mrs
Smit-Kroes, to charter push tugs from outside the
shipping exchange to move its own push barges. The
firm's costs were thus lower than if it had been compelled
to work with its own crews and tugs or if it had offered
the cargo through the exchange. The Netherlands bargees
protested _en masse_ against the authorization granted to
Granaria. In order to settle the dispute Mrs Smit-Kroes
concluded an agreement with the bargees withdrawing
the authorization as of 1 September 1988 and paying the
firm money to offset the higher transport costs.

1. Is the Commission prepared to conduct an inquiry
into the dispute concerning Granaria with a view to
answering the following questions?

2. Does the granting of aid to Granaria by the
Netherlands Government constitute a distortion of

competition?

3. Is the settlement reached in the Granaria dispute
consistent with current competition law?

4. Will the Commission inform me of the findings of the
inquiry?

Supplementary answer given by Mr Van Miert
on behalf of the Commission

_(8 January 1990)_

Further to its answer of 30 November 1988 ( [l] ), the
Commission can now inform the Honourable Member of

the result of its investigation.

1 and 4. The Dutch Government was approached for
information about the Granaria case. From its reply, it
appears that the rules on own transport in inland
navigation were amended on 4 May 1988 to the effect that
both push-boats and crew must belong to the company
wishing to organize its own transport.

Under the original rules, permission could be granted to
use push-boats chartered only for a specific voyage with
crews employed by the owner.

On 14 April 1988, the last licence issued under the old
rules was granted to the animal fodder company
Granaria, allowing it to charter push-boats from third
parties to transport its own push-barges.

After protests from private barge operators, the Dutch
Government and Granaria came to an understanding that
Granaria would be authorized, as from 1 September 1988,
to organize its own transport under the amended
rules and that Granaria would be financially compensated
for the difference in costs resulting from the difference between the old and the new system. It was further
agreed that the amount of compensation would be fixed
by a group of experts on the basis of the period of validity of the licence and the starting date of 1 September 1988.

2 and 3. Since this financial compensation is to be given
to repair a loss due to unexpected withdrawal of a licence
which was legally granted to Granaria, this compensation
is not incompatible with the rules on competition.

The Commission is currently studying the functioning of
the inland waterway transport market in the Community,
following its opinion delivered to the Dutch Government
on 17 May 1989 ( [2] ).

(') OJNoClll,2. 5. 1989.
O OJ No L 140,24. 5. 1989.

No C 171/2 Official Journal of the European Communities 12. 7. 90

WRITTEN QUESTION No 301/89

byLordO*Hagaii(ED)

to the Commission of the European Communities

_(1 September 1989)_

(90/C 171/02)

_Subject:_ Destruction of tropical rain forest

1. The Commission knows that the destruction of

tropical rain forest throughout the world is causing deep
public anxiety. What attitudes does the Commission
propose that the European Community should take?

2. Is this enough?

3. What new action does the Commission now

propose?

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

_(17 January 1990)_

The issue of the destruction of tropical rain forests was
discussed, both during the European Council in Madrid
(26 and 27 June 1989) and the G-7 Economic Summit (14
July 1989) in Paris. As a result of these discussions the
Commission adopted a communication ('), which was
considered by the Environment Council during its session
on 19 September 1989.

The Environment Council of 28 November 1989 for its

part, adopted some conclusions recalling the importance
of an active contribution of the Community and of
Member States to the work undertaken at international

level in the field of climatic change and inviting the
Commission to indicate the follow-up that it intends to
give to these different works. Also, the Development
Council on 21 November 1989 had dealt with the

management and conservation of tropical forests in the
context of the overall question of development and the
environment.

Analyses continue, and the results will be presented to the
Development Council in May 1990.

The Commission is of the opinion that a coordinated
approach is the only way that the European Community
can effectively and fruitfully contribute to this issue.

The Commission remains convinced of the necessity for
rapid action in this field, in order to avoid further
destruction of the tropical rain forests. This goal
will have to be achieved through environmentally
sound management of tropical forest resources, the
implementation of which depends on action by the
countries within whose frontiers the main tropical rain
forest reserves are to be found, and assistance from the
international community.

The Community is seeking to promote the protection
and sound management of tropical rain forests in the

new ACP/EEC Convention. The Commission is also

considering in what ways the existing instruments of
cooperation with Asian and Latin American countries
could contribute to the achievement of this objective.

O OJNoC264,16. 10.1989.

WRITTEN QUESTION No 423/89

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 171/03)

_Subject:_ Continuing destruction of turtles' breeding
grounds on Greek beaches

Some of the beaches on the Greek island of Zakinthos are

of great significance as breeding grounds for the _Caretta_
_caretta_ turtle. These beaches, in particular those in the
Bay of Laganas, have for many years increasingly been
exposed to the depredations of tourist development. This
year, for instance, concrete paths have been laid along the
Kalamaki beach, one of the breeding grounds.
An increasing number of (unauthorized) permanent
buildings are being constructed for use as cafeterias and
kiosks.

Since the local and national authorities in Greece have

hitherto failed to call a halt to this systematic destruction,
it must be feared that, in the foreseeable future, no
suitable breeding grounds for turtles will be left on
Zakinthos.

In accordance with the Community decisions concerning
the conclusion of the Berne Convention (on the
Conservation of European Wildlife and Natural
Habitats) and the Bonn Convention (on the Conservation
of Migratory Species of Wild Animals), the _Caretta caretta_
should be treated as a protected species within the
Community.

1. What action is the Commission taking, or planning to
take, to protect turtles in Greece, and on Zakinthos in
particular?

2. How does the Commission intend to ensure that

Greece respects its obligations under the Berne and
Bonn Conventions, concerning the protection of
turtles?

3. Is the Commission prepared to consider suspending
all forms of Community aid to this region until the
destruction of the breeding grounds has been
definitively ended?

Answer given by Mr Ripa di Meana

on behalf of the Commission

_(24 January 1990)_

1. The Commission is currently contributing
financially to the following projects concerning the
protection of the marine turtle _Caretta caretta_ in
Zakinthos:

12. 7. 90 Official Journal of the European Communities No C 171/3

(a) As part of Medspa:

— PD/88/12/GR: Monitoring of the marine turtle
in Greece (Greek Society for the Protection of
the Marine Turtle),

— PD/88/11/GR: Conservation of the marine

turtle _Caretta caretta_ in Greece (Ministry of the
Environment).

The Commission's contribution to these two projects
is limited to ECU 225 500.

(b) As part of the integrated Mediterranean programme:
Western Greece and Peloponnese programme,
subprogramme 4, measure 7, 'Zante natural park'.
This project concerns the development of facilities
for eco-tourism and scientific infrastructures in the

Laganas Bay region.

The total estimated cost of the project is ECU 1,46
million and Community assistance could amount
to 70%.

2. The Community participates in the implementation
of the Berne and Bonn Conventions. Under the Berne

Convention a standing committee is responsible for
monitoring implementation by the Member States and
may in particular make recommendations to the
Contracting Parties on measures for implementing the
Convention. In this context, it has already recommended
measures concerning the protection of _Caretta caretta_ at
Laganas Bay, Zakinthos. The Commission is forwarding
the recommendation direct to the Honourable Member

and the Secretariat of Parliament.

3. The Commission will continue to ensure that the

regional development projects in Zakinthos towards
which it is making financial contributions do not
jeopardize the protection of nature.

WRITTEN QUESTION No 424/89

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 171/04)

_Subject:_ Damage to bird colonies on the Shetland islands
caused by fishing activities

This year, hundreds of thousands of young sea-birds have
died on the Shetland Islands and, for the sixth successive
year, the breeding season has been a failure. The
population levels of various species of bird are declining
and breeding rates are falling drastically. This applies in
particular to the Arctic tern and red-throated diver (both
listed in Annex I to the EEC Directive on wild birds), the
Arctic skua, kittiwake, puffin, great skua, fulmar, black

guillemot, shag and razorbill. For example, the Arctic tern
population in the Shetland Islands, which originally
numbered 32 000 breeding pairs, has fallen to 10 000 pairs
this year. Less than 100 chicks have reached adulthood.

These are the results of investigations by the British
RSPB, NCC and WWF, the Universities of Aberdeen and
Glasgow and the Shetland Ringing Group. It has been
concluded that the fall in population levels and the
unsuccessful breeding figures have been caused by a drop
in local stocks of young sand eels, the staple diet of the
abovementioned bird species, as a result of overfishing.

It is feared that the six-monthly catch limits imposed by
the Department of Agriculture and Fisheries for Scotland
will not suffice to bring eel stocks up to an adequate level.

1. Will the Commission call for a total ban to be imposed
provisionally on eel fishing off the Shetland Island, in
order to restore eel stocks and the bird populations to
an adequate level?

2. Would the Commission be prepared to give its support
to efforts to establish realistic long-term catch limits
for sand eels, in order to ensure that bird populations
are not endangered by fishing activities in future?

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

_(17 January 1990)_

The Commission is aware of the impact of sand eel fishing
on the breeding success of certain sea-bird colonies.

The Commission is following with interest the progress
of the scientific research being carried out in the United
Kingdom. The purpose of this research is to improve our
understanding of the interrelationships between fish
and sea-bird populations and, where appropriate, to
determine what levels of fishing are compatible with the
maintenance of sea-bird colonies and fish stocks.

In 1989 the bird species in question bred more
successfully. The Commission will continue to keep a
careful watch on the situation but takes the view that the

current trends in the populations concerned and the
present state of knowledge on this subject do not justify a
ban on fishing. In any case, Community legislation makes
no provisions for banning fishing because of its possible
effects on bird populations.

No C 171/4 Official Journal of the European Communities 12. 7. 90

WRITTEN QUESTION No 434/89

by Mr Francois de Donnea (LDR)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 171/05)

_Subject:_ Commission inquiry proceeding in the transport

sector

In three recent cases in the transport sector (including
Sobelair against the French Government), the
Commission condemned discrimination on the grounds
of nationality and called for the application of
Community law which guarantees European citizens the
benefits of the Community-wide market.

However, since the inquiry proceedings have lasted more
than two years, does the Commission intend to take
measures to speed up this type of proceedings?

Answer given by Mr Van Miert
on behalf of the Commission

_(9 February 1990)_

The Honourable Member is presumably referring to three
recent infringement procedures concerning the common
transport policy. Two of these, the 'Sobelair' and
'Portuguese flag system of preference' cases, have already
been shelved.

As the Honourable Member is aware, the Commission
initiates the procedure pursuant to Article 169 with a view
to regularizing the infringement, not necessarily to
bringing the matter before the Court of Justice. However,
this necessitates contacts with the Member States which,
in some cases, can unfortunately delay the procedure, as
in the above two cases.

WRITTEN QUESTION No 441/89

by Mr Hugh McMahon (S)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 171/06)

_Subject:_ Freedom of movement of football players

Can the Commission inform the House whether it has as

yet, following the adoption of the Janssen van Raay
report, reopened discussions with UEFA on the question
of the free movement of football players?

Answer given by Mr Bangemann
on behalf of the Commission

_(15 December 1989)_

Several issues of some complexity have been raised by the
Janssen Van Raay Report. The Commission has been

studying these actively with a view to holding further
discussions with the organizations concerned.

It hopes to hold such discussions shortly.

Thereafter the Commission will report its conclusions to
the European Parliament as promised.

WRITTEN QUESTION No 455/89

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 171/07)

_Subject:_ VAT on bus, train and ferry fares and abolition
of duty-free goods

To ask the European Commission whether it is aware of
the enormous damage to tourism within the Community
which its dual proposals for imposing VAT on bus, train
and ferry fares and abolishing the sale of duty-free goods
will have? By effectively making holidays outside the
Community relatively less expensive, does it not agree
that it is merely encouraging citizens of the Community to
take holidays in such places as Malta, North Africa,
Turkey and Yugoslavia?

Answer given by Mrs Scrivener
on behalf of the Commission

_(1 February 1990)_

The Commission considers that the harmonization of the

VAT arrangements applicable to passenger transport
within the Community is one of the measures which are
necessary for the completion of the internal market. In
fact at present the situation is characterized by substantial
differences between the Member States, between the
different modes of transport and also between
international and national transport. A uniform system of
taxing transport of persons is already foreseen in the sixth
VAT Directive of 17 May 1977 (') and the exonerations
existing in some Member States were only allowed to
continue on a transitional basis. Furthermore the

Commission feels that, in a completed internal market
without frontier controls there is no logical place for
tax-free shopping by people travelling between Member
States.

Once the single internal market is achieved, it will make
for keener competition between carriers and for an
increase in travel in general with increasing prosperity. In
addition, the abolition of frontier controls will mean that
citizens will be able to take their tax-paid purchases home
with them without any restrictions on the quantities

12. 7. 90 Official Journal of the European Communities No C 171/5

involved. The package of measures leading to the
completed internal market must be seen as a whole, and
the absence of any part of it would cause a
proportionately greater loss of benefits to the whole than
would be represented by the preservation of an existing
presumed advantage by a particular sector.

(*) OJ No L 145, 13.6. 1977, p. 1.

WRITTEN QUESTION No 519/89

by Mr Wilfred TelkSmper (V)

to the Commission of the European Communities

_(13 October 1989)_

(90/C 171/08)

_Subject:_ Pollution of the Rhine by the Stracel company

Having regard to Directives:

— 80/68/EEC O on the protection of groundwater
against pollution caused by certain dangerous
substances,

— 75/440/EEC ( [2] ) on the protection of surface water
intended for the abstraction of drinking water,

— 76/464/EEC ( [3] ) on the discharge of dangerous
substances into the aquatic environment,

— 80/778/EEC ( [4] ) on the quality of water intended for
human consumption,

and the fact that chlorinated hydrocarbons appear in the
European Community 'black list',

1. is the Commission aware that the Strasbourg firm
Cellulose de Strasbourg (Stracel) has been operating
without a waste water plant for more than 50 years,
thereby discharging 60 million litres of highly toxic
waste water into the Rhine per day?

2. is the Commission aware that Stracel discharges 3,2
tonnes of AOX, into the Rhine per day, i.e. 30 tonnes
of chlorinated hydrocarbon compounds?

3. is the Commission aware that, compared with all other
polluters of the Rhine, Stracel alone discharges almost
50 % of all chlorinated hydrocarbons into the river?

4. what substances in what concentration/volume are

currently discharged into the Rhine per day and per
year by the following firms: Cellulose de Strasbourg,
Holtzmann Papier Karlsruhe and PWA Papierwerke
Mannheim?

5. what values have been established for the biological
parameters in assessing toxicity?

6. when will 'state of the art technology' be introduced in
these firms ?

7. is the Commission prepared to ensure that the
operating permit is subject to a time limit in the event
that 'state of the art' technology is not introduced? If
not, why not?

(') OJNoL20,26.1.1980, p. 43.
O OJ No L 194, 25. 7.1975, p. 26.
O OJNoLl29,18.5.1976, p. 23.
O OJNoL229,30.8.1980, p. 11.

Supplementary answer given by Mr Ripa di Meana
on behalf of the commission

_(7_ _February_ _1990)_

Further to its answer of 18 December 1989 0, the

Commission can now inform the Honourable Member of

the results of its enquiries.

1. During the last 20 years Stracel has adapted its
manufacturing processes several times by
implementing technologies for abating pollution.
Oxidizable substances in wastewater were reduced by
90 % between 1975 and 1985 and will be reduced by a
further 25 % in 1990, due to the construction of a
biological treatment plant which has already been
ordered. Over the same period, discharges of
inhibiting substances have been out by 66 %.

2. It is correct that 3,2 tonnes of AOX per day were
discharged into the Rhine in 1985. In the wake of the
improvements quoted above, this figure was cut to 2,5
tonnes in 1988. By 1990 alterations to the bleaching
sequences will reduce this figure even further to 1,6
tonnes per day.

As a result of other improvements already planned for
1991 and 1993, discharges will contain a maximum of
500 kg of AOX per day, or 1 kg per tonne produced.

3. In the context of the Convention for the protection
of the Rhine against chemical pollution, the
International Commission for the Protection of the

Rhine against Pollution published on 30 November
1989 an inventory of discharges of priority substances
in 1985 and forecasts for cuts in discharges up to 1995.
A copy of this document is being sent to the
Honourable Member and to the Parliament

Secretariat.

According to the inventory for 1985, French
discharges of chlorinated hydrocarbons into the
Rhine accounted for 27 % of total pollution, with
Stracel's share coming to 18 %.

The German cellulose industry, on the other hand,
also contributed 27 % of the total, with the German
chemical industry accounting for 30 %.

The figures for Stracel must also be scaled down in the
light of improvements made between 1985 and 1989.

^odiBqBD Official ]oumal of the European Communities P^B^O

4. The Commission has the following figures for
discharge levelsint^^

D ^tracel^OOkgBday

^ P^A^viannheiml^OOkgBday

^ I^oltzmann,^arlsruhe^OOOkgBday

^ ^estfalische^ellstoff^OkgBday.

Because of prohlems of analysis, the identification of
individual compounds is incomplete at present and
covers only a small percentage of organic chlorine
compounds found in discharges^

DD chlorophenols ^several dozen grBtonne
produced^,

^ chloracetones, highly unstable and in very low
concentrations,

D chloroforms ^ to tO kgBtonne, eliminated by
biological treatment,

^ polychlorodibenzofuranes andpolychlorodiben^
zodio^ins^ several microgrammesBtonne.

^. The tests for evaluating the tonicity of bleaching
effluents are the same as those generallyused, namely^

^ the^daphnids test, standardized in France,

^ the^fish^tests^usnallyonrainbowtrout^,

DD t h e ^ b a c t e r i a ^ t e s t s ^ o n ^ ^ ^ ^ ^ ^ ^ ^ r ^ ^

According to these tests, the bleaching effluents
unquestionably display to^iccharacteristics, though
no correlation has yet been found with the variation in
organochloride levels.

^ The A^iL^ test for mutagenicity also gives
positive resnlts for all types of waste water before
activated sludge or lagoon treatment. After
treatment, the testagain gives negative results

^ ^ h a t happens to the organochlorides in the
receiving medium is as follows^

^ the large organochloride molecules contained
in the waste water are degraded in the
receiving waters and generate smaller
compounds which, after multiplication, are
bioaccnmnlable,particnlarlybyfish,

^ the receiving ecosystem is thus highiy
disturbed bywaste waters, but the question of
the reversibility of this disturbance and its
longterm effects has notyetbeenresolvedD

DD As regards ^tracel, state of the art technology will be
implemented progressively by r ^, and will reduce
pollntants in wastewater to^kgBtonne,avalue which
indeed was recently adopted in (German law.

7. in view of the elements mentioned in points, the
Commission thinks that there are no grounds for it to

haverestrictions imposedon theoperatinglicence,
especially as ^tracelperformsalarge number of daily
analyses on its waste waters through continuous
measurement over^4hour periods, and the results of
the analyses are sent to the competent French
authorities and to anyone requestingthem.

^ e ^ o C ^ m t . ^ m ^ o .

w^frr^^^tl^T^^^o^OB^

b y ^ P e l ^ a z c k ^ P P ^

totheComm^s^onofthe^uzopeanCommumties

^OBCtBtBO^

^ ^ c r B T h e activities ofK^ydep^Creece^

According to various sources, K^ydep ^a cooperative
organization inCreece^hasacquiredanearmonopoly
position and moreover receives aid from the Creek
Government, thus handicappingnormaltradeD

P Can the Commission say whether it is monitoring the
activities of K^ydepandconductinganinvestigation
into monopoly and dumping practices^

^ Is it true that subsidies enable K^ydep to purchase
imported cereals atahigherprice than that at which it
sells on thedomestic markets

^5 Is it true that K^ydepmi^oed durum wheat found to be
radioactive afterChernobyl with French durum wheat
and that half the cost involved was met by the Creek
Governments

4. Is it true that millers have been able to sell flour ata

higher price if they have purchased their wheat from
K^ydepB

A^wezgive^byl^^^c^hazry
onbehalfoftheCommission

P As aresultof various complaints received over a
number of years from cereals traders both in Creece and
in other member states, the Commission has monitored
the activitiesofthis organization as closely as possible.

In this connection, the Commission has openedanumber
of infringement proceedings pursuant to Article l ^ o f
the EECTreaty,the majority ofwhich are now before the
Court of]ustice.^iost of the cases concerned involve the
alleged collaboration between the Creek authorities and
K^ydep to achieve national policy aims which are

12. 7. 90 Official Journal of the European Communities No C 171/7

incompatible with the common organization of the
market in the cereals sector. The Commission has also
taken various decisions refusing Greece clearance of
EAGGF accounts linked to these cases.

2. The alleged infringements include the operation of a
virtual national market organization for feed grains
whereby Kydep's losses incurred in distribution of
imported and home produced feed grains were covered by
the Greek authorities.

3. The Commission has been informed that durum
wheat found to be radioactive after Chernobyl was mixed
with other, uncontaminated durum wheat, in particular
from France, with the aim of bringing the radioactivity
levels into the normal range. The Commission has also
been told that such mixtures have been exported. So far as
the Commission is aware, the consignments exported met
Community requirements for grant of export refunds, in
particular as regards becquerel levels.

However, the Commission has no particular information
that would enable it to take a position one way or another
as regards the cost of mixing, half of which is claimed to
have been met by the Greek Government.

4. A further case being pursued by the Commission
involves allegations that the Greek authorities in
conjunction with Kydep have underwritten 'programme
contracts' for the export of flour or pasta.

WRITTEN QUESTION No 587/89

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(24_ _October 1989)_

(90/C 171/10)

_Subject:_ Ehlass assessment (project to monitor consumer
product safety)

On 22 April 1986 the Council of Ministers approved a
demonstration project with a view to introducing a system
of information on accidents involving consumer products.

Nearly ECU 2 million have been spent on this project
hitherto, but the results of the assessment are now said to
be totally unusable, in particular because the basis on
which the study was set up was totally wrong to begin
with. The sampling technique used is also said to have
been applied on too small a scale.

Will the Commission:

1. State:

(a) What amounts have been spent to date ?

(b) What hospitals took part in the Ehlass project?

(c) How many Commission staff worked on the
project?

2. Secure the results of this project and also inform me if
these results will be usable in future?

3. Secure an assessment of the programme ?

4. Inform me whether it thinks this project should
continue to be financed? If so by how much?

Answer given by Mr Van Miert
on behalf of the Commission

_(12 February 1990)_

1. By the end of December 1989, ECU 4 169 227 have
been spent on Ehlass for the years 1986 to 1989 inclusive.
Fifty-eight hospitals have so far participated in the project
and a list of these hospitals can be consulted in the
Commission's Consumer Policy Service. The Ehlass
project was originally placed under the responsibility of
the Head of Unit for Consumer Information and
Education, and Statistical Aspects of Physical Protection
but has now been transferred to the unit dealing with
Health, Safety and Quality. The Commission employed a
number of outside personnel to work on Ehlass,
consisting of four people full-time in 1986, five in 1987
and six in 1988, together with a consultant working on a
part-time basis for the years 1987/88. Commission
officials helped on the project when necessary. In 1989,
which is considered to be a year of transition for the
project, this was reduced to the equivalent of three people
working on a full-time basis. Extra staff will be required
for 1990/91 if the proposal amending Decision
86/138/EEC O is adopted by the Council.

2. The Commission presented its report to the Council
on 23 January 1989. This report evaluated the work
already carried out and suggested changes necessary to
improve the system.

A report, entitled 'Summary of Data 1987 to 1988' is at
present being prepared and will be published and
distributed after consultation with the Ehlass
Consultative Committee. It sets out a broad, overall
analysis of the data in question.

3. The demonstration project is considered to be
valuable for finally establishing a harmonized system of
collecting data at national level. Once the data has been
evaluated and exploit the data at national level. Once the
data has been evaluated and exploited at this level it could
then be of use at Community level through harmonized
reports. Indeed several Member States already exploit the
data at national level, using it as a 'pointer' to the need for
more detailed investigation and as a basis on which to
orient preventive policies.

4. On 16 November 1989 the Commission transmitted
a proposal for a Council Decision amending Decision
86/138/EEC. This Decision aims to provide a financial

No C 171/8 Official Journal of the European Communities 12. 7. 90

allocation of ECU 12 million for the operation of the
project in 1990 and 1991. It incorporates several of the
changes outlined in the Council report of 23 January
1989: it recommends that Member States should exploit
the national data and produce national reports based on
harmonized data bases to be put forward by the
Commission. Moreover it is intended to supplement the
hospital data collection with additional studies, in
particular surveys.

O OJNoLl09,26. 4. 1986, p. 23.

WRITTEN QUESTION No 610/89

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 171/11)

_Subject:_ Competition in the media sector

When does the Commission intend to produce a report on
the outcome of the studies on competition in the media
sector, which it commissioned at Parliament's request (').

( [l] ) See paragraph 15 of the resolution of 10 October 1985
contained in the de Vries report (A 2-102/85), paragraph 32
of the resolution of 14 November 1986 contained in the
Gasoliba I Bdhm Report (A 2-136/86); paragraph 20 of the
resolution of 12 December 1987 contained in the
Stewart-Clark report (A 2-223/87); and paragraph 14 of the
resolution of 16 February 1989 contained in the de Vries
report (A 2-347/88).

WRITTEN QUESTION No 859/89

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 171/12)

_Subject:_ Measures to prevent dominant positions in the
film and television sector and to guarantee access
to the audiovisual media for less widely spoken
languages

Many countries, for example the USA, have a watchdog
body to prevent dominant positions in the film and TV
sector and to safeguard the pluralism of the media. In the
cultural diversity of Europe it is also vital to ensure that
less widely spoken languages have access to the
audiovisual media in the Community.

In the light of the adoption of the TV without frontiers
directive, can the Commission say what competition
policy it will pursue to combat dominant positions in the
broadcasting, film and press sectors and what measures it

envisages to encourage and develop TV and film
production in Member States with areas whose languages
are not widely spoken or with an inadequate production
capacity?

Joint answer to Written Question Nos 610 and 859/89

given by Sir Leon Brittan
on behalf of the Commission

_(5 December 1989)_

The Commission is aware that Parliament has for some

time taken an interest in problems relating to competition
in the media sector, and more particularly the audiovisual
media. It has taken due note of the resolutions adopted by
Parliament on this subject since 1985, as listed by the
Honourable Member in his question.

Over the last few years, and again more recently, the
Commission has regularly informed Parliament and the
public of the progress made in examining these
problems ( [x] ). It will continue to do so in the future.

When examining solutions to the competition problems
which exist in the media sector, the Commission will take

account of the results obtained from discussions between

experts meeting at the _Assises europennes de I'audiovisuel_
held in Paris from 30 September to 2 October 1989.

The Commission is currently preparing a communication
to the Council on the Community's audiovisual policy.
This will contain a chapter dealing with problems relating
to competition in the audiovisual sector.

The Commission will ensure that Parliament is consulted

on this communication through the usual procedures.

(') Cf. Seventeenth Report on Competition Policy, points 329 _et_

_seq._
Cf. Eighteenth Report on Competition Policy, Part Three,
points 244 _et_ _seq._
Cf. 'UIP Decision of 12 July 1989, OJ No L 226, 3. 8. 1989,
p. 25 (press release IP (89)559).
Cf. Decision of 15 September 1989 on film purchases by
German television stations, OJ No L 284, 3. 10. 1989, p. 36
(press release IP (89)672).

WRITTEN QUESTION No 620/89

by Mr Francesco Speroni (ARC)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 171/13)

_Subject:_ EFEO consultation

With regard to collecting information on problems in civil
aviation, would it be expedient to consult the European
Flight Engineers Organization (EFEO) in view of the
professionalism and aviation expertise of its members ?

12. 7. 90 Official Journal of the European Communities No C 171/9

Answer given by Mr Van Miert
on behalf of the Commission

_(21 February 1990)_

The Commission's policy has always been to approach
representative professional associations in those cases
where it is felt that their expertise should be sought. In
this respect, contact will be continued with the European
Flight Engineers Organization (EFEO) and the
organization will be contacted whenever the Commission
decides that any subject being considered has a direct
bearing on the said organization or deals specifically with
a flight engineer's responsibilities.

WRITTEN QUESTION No 666/89

by Mrs Barbara Simons (S)

to the Commission of the European Communities

_(6_ _November 1989)_

(90/C 171/14)

_Subject:_ Gold coin imports from the Republic of South
Africa

Pursuant to Council Regulation (EEC) No 3302/86 ('),
imports into the Community of gold coins originating in
South Africa (CCT heading No ex 72.01) have been
suspended.

Gold coins originating in South Africa were imported into
the Federal Republic of Germany to a value of DM 11,50
million in 1987, DM 4,40 million in 1988 and DM 262 000
to April 1989 (Source: Bundestag, _Drucksache_ 11/5976).

Can the Commission state what amounts of gold coins
originating in South Africa were imported into the
Federal Republic of Germany in the years 1987, 1988 and
1989 from other European Community Member States,
and what amounts originate from which third countries?

0) OJ No L 305, 31.10.1986, p. 11.

Answer given by Mr Andriessen
on behalf of the Commission

_(30_ _January 1990)_

Regulation (EEC) No 3302/86 of 27 October 1986
suspends imports of gold coins originating in South
Africa even when they are coming from another third
country.

The Community's external trade figures, based on
information from national administrations, wrongly
showed certain imports to be 'coming from' instead of
'originating in' South Africa. The coins were in fact
Krugerrands already in free circulation in the
Community. As regards the Federal Republic of
Germany, the imported gold coins originating in South
Africa came mostly from the BLEU.

According to information received from the authorities of
the Member States, there have been no imports from third
countries since the abovementioned Regulation entered
into force.

WRITTEN QUESTION No 675/89

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 171/15)

_Subject:_ Euro-Arab University

Will the Commission provide an up-to-date report on the
present situation with regard to the establishment of a
Euro-Arab University in Spain?

Answer given by Mr Matutes
on behalf of the Commission

_(13 February 1990)_

The Commission is still considering the possibility of
setting up a Euro-Arab University in Spain. The issue was
also raised by the representatives of the Arab League
during talks on reviving the Euro-Arab Dialogue.

There will be more detailed discussion of the university
both in the Community institutions and with appropriate
bodies on the Arab side during the work planned for the
coming weeks on reviving the dialogue.

The Commission will make sure that it reports to
Parliament the moment there are new developments of
any significance.

WRITTEN QUESTION No 708/89

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(14 November 1989)_

(90/C 171/16)

_Subject:_ Condition of mentally ill patients kept on the
Greek island of Leros

The _Observer_ for 10 September 1989 describes the
concentration-camp conditions in which 1 300 men,
women and children suffering from varying degrees of
mental illness (') have been herded together — more like
cattle awaiting slaughter than human beings — on the
island of Leros. The European Community cannot claim
to have been unaware of the seriousness of the problem,
since in 1984, 1987 and again more recently, the
Commission had sent out teams of experts to investigate

No C 171/10 Official Journal of the European Communities 12. 7. 90

on the spot and knew that they had drawn extremely
harsh conclusions, and since the European Social Fund
had set aside a considerable amount, though without
substantially releasing it, for the purpose of reforming the
camp, in particular its children's section.

I should like to obtain, in addition to a personal
communication of the reports of the experts retained by
the Commission, a summary report of their conclusions
through the channel of parliamentary questions and
answers, together with an explanation of the generosity
and discretion repeatedly displayed by the Social Fund, an
of the present attitude of the executive institutions of the
Community at a time when Athens has just played host to
the Eighth World Psychiatry Congress, in the course of
which — and in the presence of representatives of the
Commission — a recommendation was included on the

agenda for the organization of a symposium on 'human
rights in psychiatric hospitals'. How do the executive
institutions of the Community view the prospects of
genuine reform of this prison hospital, the treatment and
relocation of its curable inmates, and monitored and
verified conversion of facilities on the island, which must
be essential conditions for any material assistance from
the Community?

(') Prisoners of conscience were also detained there under the
military regime of the colonels.

WRITTEN QUESTION No 799/89

by Mr Victor Manuel Arbeloa Mum (S)

to the Council of the European Communities

_(28 November 1989)_

(90/C 171/17)

_Subject:_ Plight of mentally handicapped people on the
island of Leros

Is the Council aware of the plight of many mentally
handicapped people, who are confined in an institution on
the island of Leros? Does it consider that this situation

can and must be remedied ?

Joint answer to Written Questions

Nos 708/89 and 799/89

_(14 March 1990)_

The reform of the psychiatric hospital in Leros is the
responsibility of the competent national authorities. As
for the aid granted under the ERDF and the European
Social Fund, the Honourable Members are requested to
refer to the replies given by the Commission to Written
Question Nos 810/89 O, 769/89 ( [2] ), 707/89 ( [J] ),
648/89 O and 575/89 ( [s] ).

(') OJ No C 90,9. 4. 1990, p. 26.
O OJ No C 97, 17. 4. 1990, p. 23.
( [J] )OJNoC97, 17.4. 1990, p. 15.
OOJNoC97, 17.4. 1990, p. 11.
O OJNo C 125, 21. 5. 1990, p. 5.

WRITTEN QUESTION No 765/89

by Mr Bouke Beumer (PPE)

to the Commission of the European Communities

_(20 November 1989)_

(90/C 171/18)

_Subject:_ Implementing provisions, monetary sector

How many draft implementing provisions has the
Commission submitted to advisory, management or
regulatory committees since 1 January 1989 in the fields
of economic, monetary or industrial policy?

Answer given by Mr Bangemann
on behalf of the Commission

_(6 February 1990)_

In the course of 1989 the Commission submitted to the

relevant committees a number of implementing provisions
in the fields referred to by the Honourable Member.

Referring more particularly to the industrial sector,
several proposals relating to motor vehicles were
transmitted, together with one proposal on the inspection
and verification of good laboratory practices.

In the chemical sector, this procedure was also applied to
the following: dangerous preperations; paints and
varnishes; definition of the categories of preparations
whose containers must be fitted with child-resistant

fastenings pursuant to Article 6 of Directive
88/379/EEC (*); methods for the sampling and analysis
of fertilizers.

(') OJ No L 187, 16. 7. 1988, p. 14.

WRITTEN QUESTION No 794/89

by Mr Victor Manuel Arbeloa Mum (S)

to the Commission of the European Communities

_(28 November 1989)_

(90/C 171/19)

_Subject:_ Law against sexual harassment at work

How does the Commission view the proposal made at
the recent international conference of the European
Association against the Harassment of Women at Work
to call on the European Community to adopt a law against
sexual harassment at the workplace?

Answer given by Mrs Papandreou
on behalf of the Commission

_(21 February 1990)_

The Commission has stated on several occasions

(questions H-5/89 by Mrs Tongue ('), H-84/89 by Mrs

12. 7. 90 Official Journal of the European Communities No C 171/11

Cinciari Rodano ( [2] ) and H-422/89 by Mrs Van Dijk ( [5] ))
that it feels that sexual harassment at the workplace can be
contrary to the principles laid down by Council Directive
76/207/EEC ( [4] ). As such, it is covered by existing
Community law, so that no further legislation is

necessary.

However, the Commission has also stated that it believes
that it is necessary to publicise this interpretation of
existing Community law, and it has already taken several
actions to this effect, such as supporting the international
conference mentioned by the Honourable Member.

(') Debates of the European Parliament No 2-377 (April 1989).
( [2] ) Debates of the European Parliament No 2-378 (May 1989).
( [3] ) Debates of the European Parliament No 3-383 (November
1989).
( [4] ) OJNoL39, 14.2. 1976.

WRITTEN QUESTION No 858/89

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 171/20)

_Subject:_ Joint action within the IMF

At the last annual meeting of the IMF, at which quotas
among other things were discussed, the Member States of
the Community did not adopt a united front although
together they make up at least a quarter of the IMF.

How does the Commission intend to remedy this state of
affairs on the basis of Articles 102a and 116 of the EEC

Treaty?

Answer given by Mr Delors
on behalf of the Commission

_(25 January 1990)_

Each year, prior to the annual meeting of the IMF the
Member States discuss, both in the Monetary Committee
and in the Council, the items on the agenda, with a view to
arriving at a common Community position. This position
is expressed in the speech given by the Presidency to the
annual meeting. This year, with respect to the ninth
review of quotas, the Community took the view that 'the
two institutions (the IMF and the World Bank) must not
be left short of resources, given the scale of the task
before them. With respect to the Fund we welcome the
impending completion of the ninth revision of quotas. We
hope that, as a result, the Fund will revert to a size

somewhat more commensurate with the scale of the world

economy'. However, within the overall Community
position individual members are free to present their own
views and there were differences between the members as

to the amount of increase necessary to achieve 'adequate
resources'.

WRITTEN QUESTION No 864/89

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 171/21)

_Subject:_ Conference of European regional and local
authorities in Munich

The Commission is undoubtedly aware of the substance
of the resolution adopted at the conference of European
regional and local authorities in Munich.

What is the Commission's response to the two main
points of the resolution, namely:

1. insistence that the Commission should involve the

regions in policymaking;

2. the fact that the regions want the right to appeal to the
Court of Justice of the European Communities against
the Council of Ministers and the Commission where

the latter infringe the rights of the regions?

Answer given by Mr Millan
on behalf of the Commission

_(23 March 1990)_

1. The Commission has always been in favour of closer
involvement of regional and local authorities in regional
policy-making, and more generally of greater
participation of ordinary citizens in the Community
process. Regional and local authorities have a direct role
to play in the implementation of the Community
structural policy, especially regional policy, since the
introduction of the partnership arrangement between the
Commission, the Member States and the regional and
local authorities.

Following a request from the European Parliament, the
Commission therefore decided to set up the Consultative
Council of Regional and Local Authorities ('), which may
be consulted by the Commission on any matter relating to
regional development, and more especially to the
formulation and implementation of Community regional
policy, and the regional and local implications of the
other Community policies.

No C 171/12 Official Journal of the European Communities 12. 7. 90

But the Commission would emphasize that provisions
governing the internal institutional organization of the
Member States are a matter for them alone.

2. It is up to the Court of Justice to decide whether
proceedings instituted by regional authorities are
admissible. It should be noted in this connection that an

application made to the Court of Justice by the Walloon
Regional Executive in respect of the grant of aid was
dismissed (Joined Cases 62 and 72/87, judgment of
8 March 1988).

The Commission hopes that the work of the future
intergovernmental conference will draw inspiration from
the views of the conference of the European regional and
local authorities, notably on the allocation of powers and
responsibilities among the Community, the Member
States and the regions.

(') OJ No L 247,6.9. 1988.

WRITTEN QUESTION No 875/89

by Mr Edward Kellett-Bowman (ED)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 171/22)

_Subject:_ EC charter companies operating in Greek waters

What proposals is the Commission planning to open up
the internal market in coastal yacht chartering and
shipping for other tourist vessels, bearing in mind that
non-Greek chartering companies are banned from
operating in Community waters off the coast of Greece?

Answer given by Mr Van Miert
on behalf of the Commission

_(21 February 1990)_

On 3 August 1989 the Commission presented to the
Council a proposal to apply the freedom to provide
services in shipping trades within Member States. The
proposal provides for liberalization of cabotage for ships
between 500 and 6 000 GRT as a first step, subject to a
number of conditions. Although coastal yachts will not be
covered because of the size limit, other tourist vessels
might benefit when the proposal is adopted.

Operators of coastal yachts who establish themselves in
Greece may ask for the right to fly the Greek flag on such
ships and to participate in chartering out such yachts in
Greek waters.

WRITTEN QUESTION No 878/89

by Mr Francois de Donnea (LDR)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 171/23)

_Subject:_ Infringements of Articles 223 (1) (b) of the EEC
Treaty detected since 1980

How many infringements has the Commission detected of
Article 223 (1) (b) of the EEC Treaty, which stipulates
that the measures taken by a Member State for the
protection of the essential interests of its security which
are connected with the production of or trade in arms,
munitions and war material must not adversely affect
the conditions of competition in the common market
regarding products which are not intended for specifically
military purposes? Which State and which military and
civilian products were involved in each case? What action
did the Commission take on each infringement and with
what outcome?

Answer given by Mrs Scrivener
on behalf of the Commission

_(8 March 1990)_

Pursuant to Article 223 (1) (b) of the EEC Treaty most
Member States grant exemption from Common Customs
Tariff duties for defence equipment imported from third
countries which appears on the list adopted by the
Council in 1958 for the purposes of the Article in
question.

The Commission has consistently refused to countenance
the use of Article 223 (1) (b) to grant exemption from
CCT duties in respect of supplies for Member States'
armed forces, maintaining that Article 28 of the Treaty is
the only valid legal basis for this. Accordingly, it initiated
proceedings pursuant to Article 169 of the Treaty against
infringements by the Member States concerned.

Without prejudice to their interpretation of Article 223,
the Member States have, however, agreed to consider
the possibility of a Council regulation temporarily
suspending import duties on certain weapons and military
equipment (*). The Commission transmitted a proposal
based on Article 28 of the Treaty to the Council on 29
September 1988; it is currently being studied by an _ad hoc_
Council technical working party. The infringement
proceedings have been stayed pending completion of this
work.

O OJNoC265,12. 10.1988, p. 9.

12. 7. 90 Official Journal of the European Communities No C 171/13

WRITTEN QUESTION No 884/89

by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin
(LDR)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 171/24)

_Subject:_ Standardization of road signs and signals

There is no standard for provision on the European road
networks of emergency call boxes. In France, for example,
the national network is well equipped with call boxes, but
the departmental network has only 450 boxes spread
across 40 departments.

What action does the Commission intend to take in order

to improve the provision of emergency facilities on the
various road networks?

Answer given by Mr Van Miert
on behalf of the Commission

_(8 February 1990)_

The Commission is aware of the importance of installing
emergency callboxes on the road network of the
European Community. However, providing them on
national territory is the exclusive responsibility of the
Member States.

Member States usually give priority to equipping roads
which carry the greatest volume of traffic, namely the
motorways, expressways and other main roads.

Furthermore, in most cases, the equipment of secondary
roads, for example the 'departmental' roads in France, is
not the responsibility of central government but of the
local authorities.

The Commission does not plan to take any action in this
area in the near future.

However, the allocation of a single emergency call
number for the European road network is currently being
studied by the Commission.

WRITTEN QUESTION No 888/89

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(1 December 1989)_

(90/C 171/25)

_Subject:_ Highway safety

Could the Commission inform me whether they have any
intention of harmonizing national regulations on the
wearing of seat belts and whether they intend to make it
compulsory for back seats to be equipped with seat belts?

Answer given by Mr Van Miert
on behalf of the Commission

_(9 February 1990)_

The Commission submitted to the Council on 4

November 1988 a proposal for a Directive harmonizing
national legislation on the compulsory use of safety belts
in vehicles of under 3,5 tonnes (').

The proposal provides for the compulsory use of safety
belts by drivers and front and back seat passengers of
private cars as well as by front seat passengers of
minibuses and vans.

Parliament ( [2] ) and the Economic and Social
Committee ( [3] ) have already given a favourable opinion on
this proposal, which is still on the table of the Council
awaiting further discussion.

(') OJ No C 298, 23.11.1988, p. 8.
O OJNoC96,17.4.1989, p. 220.
O OJ No C 159, 26.6.1989, p. 52.

WRITTEN QUESTION No 901/89

by Mr Mark Killilea (RDE)

to the Commission of the European Communities

_(1 December 1989)_

(90/C 171/26)

_Subject:_ Procedural irregularities following a
Commission call for tender

Following an invitation to tender No 89/C 3/05 in the
_Official Journal of the European Communities_ No C 3 of
5 January 1989 concerning a strategy for the promotion
of the use of flax and linen products in the EEC, a number
of procedural irregularities took place.

The time available for the preparation of the application
was restricted (around three weeks) for a costly and
important project. Probably for the first time, the
Commission's general conditions were not applied.

Candidates were invited in a very obscure way to submit
their applications before 3 February by hand or by
registered mail. For the first time the date of the postmark
was not considered as proof for the respect of the
deadline and many candidates' applications did not
arrive on time. Such practices constitute sources of
discrimination when it is clear that the time needed for an

application to reach Brussels by mail from other EEC
countries can vary from one to 10 days.

Should not the Commission find it necessary to repeat
the abovementioned tender in compliance with the
regulations and avoid similar discriminating practices in
the future?

No C 171/14 Official Journal of the European Communities 12. 7. 90

Answer given by Mr Mac Sharry
on behalf of the Commission

_(27February 1990)_

The Commission does not accept that the tender referred
to by the Honourable Member was conducted irregularly
in any way. A month, not three weeks, was allowed for the
submission of tenders, in line with practice for other
tenders of similar importance. The deadline for reception
was clearly, not obscurely, advertised. The procedure and
the form of words used were again in accordance with
well-established practice. More leisurely procedures are
sometimes used when the tender concerns rather

long-term actions, but in this case as in others there was
some urgency for the work to be begun.

WRITTEN QUESTION No 919/89

by Mr Joaquin Siso Cruelias (PPE)

to the Commission of the European Communities

_(1 December 1989)_

(90/C 171/27)

_Subject:_ Community provisions on misleading advertising

An increasing number of complaints, sometimes leading
to legal proceedings, are being made by Community
consumers concerning the use of misleading advertising
for marketing purposes.

These repeated complaints of misleading advertising
make it all the more necessary to tighten Community
provisions in order to enforce existing legislation and fill
any gaps which may exist in this area.

Can the Commission give a complete list of Community
provisions intended to protect the consumer from
misleading advertising and say whether it considers these
provisions to be up to date or whether it is necessary to
bring them into line with modern advertising techniques?

Answer given by Mr Van Miert
on behalf of the Commission

_(2 March 1990)_

The Commission is aware of the problems that misleading
advertising causes consumers. The Misleading
Advertising Directive, adopted by the Council of
Ministers in 1984 ('), was one of the first measures taken
to protect the economic interests of consumers under the
Commission's consumer action programme.

The Directive recognizes the right of consumers and
others to take legal action to combat misleading
advertising, or to bring it before an administrative
authority competent to decide on complaints, in order to
stop the advertising in question. The Directive is very
wide in scope and well adapted to present circumstances.

The Commission will continue to monitor its application,
although the first line of action to combat misleading
advertising within the framework established by the
Directive must be at the level of the Member States.

O Directive 84/450/EEC, OJ No L 250,19. 8. 1984.

WRITTEN QUESTION No 928/89

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(1 December 1989)_

(90/C 171/28)

_Subject:_ Labels for products

What steps is the Commission taking in response to the
proposal by the Government of the United Kingdom that
there should be a Community-wide labelling scheme for
environmentally safe products?

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

_(19 January 1990)_

The Commission is currently drawing up a draft proposal
for a Council Decision on the introduction of a

Community system for granting ecological labels.

The proposal is based on the results of a feasibility study
carried out in 1989.

WRITTEN QUESTION No 947/89

by Mr Georgios Romeos (S)

to the Commission of the European Communities

_(7 December 1989)_

(90/C 171/29)

_Subject:_ Protection of sponge fishermen

Some time has elapsed since the Commission looked into
the protection of sponge-fishing, focusing in particular on

12. 7. 90 Official Journal of the European Communities No C 171/15

market support measures, the safety of divers and the
promotion of training programmes for sponge fishermen.

What is the current situation with regard to the proposals
from the Directorates-General responsible (DG V and
DG XIV) and what is the timetable for implementing
them?

Answer given by Mr Martin
on behalf of the Commission

_(1 March 1990)_

At the end of 1988 the Commission had a field study
carried out by a specialist in hyperbaric medicine into
ways of reducing morbidity among sponge fishermen.

This study confirmed the seriousness of the situation,
which is liable to be aggravated still further by the
proposed conversion, for some of the fishermen, to coral
fishing, an activity which will take them to greater depths.

In the light of this report it was decided to finance a
working party, made up of representatives of the various
authorities concerned, to find solutions, based on
appropriate infrastructure and training, to the problems
which had emerged.

The working party should submit its finding towards the
middle of 1990 and on this basis specific technical
assistance and training measures will be worked out.

In particular, the Commission is planning, on the basis of
this study, to examine possible measures to replace or
modernize the sponge-fishing fleet and is drafting
proposals for implementing such measures.

WRITTEN QUESTION No 948/89

by Mr Georgios Romeos (S)

to the Commission of the European Communities

_(_ _7_ _December 1989)_

(90/C 171/30)

_Subject:_ Market support for small producers

The Commission has undertaken to combine aids to small

producers with market support measures (apart from
structural measures) when stabilizers and restrictive price
policies are applied, a commitment which it reaffirmed
during discussions on the future of rural society.

When does the Commission intend to submit its proposals
for small producers in each sector?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(2 March 1990)_

As the Honourable Member points out, in its
communication of July 1988 on the future of rural society
the Commission stated that it would take greater account
of rural needs in the agricultural market organizations
and examine the possibility of differentiating and
targeting Community aid on the basis of the
socio-economic circumstances of the recipients.

The changes in the CAP call for a concerned approach
which, alongside certain specific measures and action
under the Structural Funds, will soften the over-harsh
impact of the stabilizers and price restrictions on small
producers and help them to adjust to the new market
conditions.

Several 'targeted' market organization measures already
exist: aids for small olive oil and cereal producers,
restrictions on eligible herd size for the ewe premium
and beef sector premiums etc. Such measures have
been introduced on socio-economic grounds or to
encourage diversification and conversion in particular
areas. They have not so far been conceived as part of a
general strategy of using market policies for rural
development purposes. They are basically _ad_ £oc solutions
to difficult situations brought about by market measures.
At the moment all are financed under specific budget
headings within the chapter for management of the

sector.

It was for this reason that the Commission, in the
preliminary draft budget for 1990, proposed a new item in
the EAGGF Guarantee Section (Article 295) entitled
'Rural development schemes linked to marked operation',
and during the budgetary among the measures planned a
number of additional variants of the agricultural market
mechanisms. The following were proposed in the 1990/91
prices package:

— an aid for small producers (common definition
applying) of the main arable crops except sugar beet,
to be granted on a per hectare basis irrespective of
quantity produced,

— aid per hectare for 'traditional' cereals (buckwheat,
canary seed, millet, etc.) with low fertilizer and soil
requirements and high nutritional value,

No C 171/16 Official Journal of the European Communities 12. 7. 90

— extension of the suckler cow premium to small milk
producers (quota less than 60 000 kg),

— buying-up of milk quotas in 'normal' areas for
redistribution to small producers in mountain, hill
and less favoured areas,

— a supplementary ewe premium in less favoured areas.

The Commission would also remind the Honourable
Member of its proposal of last year applying to small
cotton producers.

The abovementioned measures were announced in the

Commission's communication to the Council and
Parliament on guidelines for rural development actions
linked to the functioning of agricultural markets. A
proposal for a Council Regulation on aid for small cotton
producers will be sent to the Council in the near future.
Regulations for the other three measures will be proposed
at a later date.

WRITTEN QUESTION No 958/89

by Mr Gianf ranco Amendola, Mr Virginio Bettini
and Mr Enrico Falqui (V)

to the Commission of the European Communities

_(7_ _December 1989)_

(90/C 171/31)

_Subject:_ Harm done by Community aid in County
Galway, Ireland

Given that Community aid for the afforestaation of part
of the area known as Derryvickrone Bog in County
Galway is partly to blame for the fact that the very
existence of this habitat is now under threat:

1. How does the Commission reconcile such aid with the
EP resolution on the protection of the Irish bogs
adopted in 1983 0 ?

2. How does it reconcile such aid with the proposal for a
Directive on the protection of habitats currently being
examined by Parliament?

3. Would it not agree that it has made a mistake and that
it should withdraw the Community contribution?

O OJNoC96,11.4.1983, p. 95.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(23 February 1990)_

The Commission is assured by the Irish authorities that
the planning application in respect of the forestry portion
of the Derryvickrone site development had been checked
for compliance with both Community and national
statutory requirements on conservation. Whilst there
were apparently no resulting restrictions on the forestry
proposal which was approved, the developer identified to
the Commission has, all the same, decided to limit
planting to only 30 % of that area originally proposed.

Although the proposed development is eligible under the
national scheme CWestern Package') reimbursed by the
Community (pursuant to Regulation (EEC) No
1820/80 O), no grant has yet been claimed and thus no
Community aid yet paid.

Furthermore, the Commission would respectfully point
out that the administrative responsibilities in Ireland for
such matters have changed substantially since the
Parliament's resolution was passed in 1983.

As regards the conformity of the aid mentioned by the
Honourable Member with the proposal for a Directive on
the protection of habitats, the Commission feels that it is
presently premature to judge the compatibility of current
measures with only draft legislation. However, any future
such Community Directive would have to be applied by
the competent Irish authorities, as is the case at present.

Concerning the withdrawal of the Community
contribution suggested by the Honourable Member, the
Commission does not consider itself to have committed
an error in so far as it understands all statutorily required
procedures to have been carried out.

As a general point, the Commission is very conscious of
the needs in Ireland to develop the potential for forestry
in a rational and environmentally sympathetic way, and
also to encourage the conservation of representative
portions of the remaining natural boglands. To these
ends, the forthcoming Operational Programme for the
Forestry Sector in Ireland has specific mentions of
environmental matters.

These include statements that the Department of Energy,
which is now responsible for forestry in Ireland, will not
grant aid and will discourage proposed forestry
developments in areas of environmental and amenity
interest to which the Office of Public Works objects.

(') OJN0LI80,14. 7. 1980.

12. 7. 90 Official Journal of the European Communities No C 171/17

WRITTEN QUESTION No 959/89

by Mr Gianfranco Amendola, Mr Vu-ginio Bettini and
Mr Enrico Falqui (V)

to the Commission of die European Communities

_(7_ _December 1989)_

(90/C 171/32)

_Subject:_ Control of Community legislation on the
environment

Bearing in mind that in certain titles of the 1990
Community budget resources are earmarked for
financing measures to combat fraud committed at the
Community's expense, would not the Commission
consider it useful:

1. to establish a similar form of control for Community
legislation on the environment;

2. to set up a task force to monitor the application and
transposition of that legislation in the Member States;

3. to set up a task force to monitor the application of
Article 130r of the Treaty on the integration of the
environment policy into the other Community
policies; and

4. to include to that end sufficient appropriations in Title
6 of the Community budget as from the 1991 financial
year?

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

_(19_ _January 1990)_

1. A number of headings in the 1990 budget provide
financial resources to ensure proper application of
environmental legislation, particularly items 6603, 6610,
6611,6612,6613,6614 and 6617.

2. The Commission has an administration unit (XI. 1)
expressly responsible for monitoring the application of
Community environmental law.

3. The purpose of the second sentence of Article 130r
(2) of the Treaty is that environmental aspects are to be
taken into account in the formulation and implementation
of other Community policies. This obligation is a
permanent one and is binding for all Commission
departments. It seems therefore that a task force would
not constitute a significant improvement on the current
state of affairs.

4. In the light of the above, and especially paragraph 1,
the inclusion of a specific appropriation in Title 6 of the
budget does not seem appropriate.

WRITTEN QUESTION No 977/89

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(7_ _December 1989)_

(90/C 171/33)

_Subject:_ Discarding of fish inside Norway's territorial

zone

What is the Commission's view of the Norwegian
proposal that no fish could be discarded inside Norway's
territorial zone and that any fish unsuitable for retaining
on board would have to be physically transported outside
the Norwegian sector?

Answer given by Mr Marin
on behalf of the Commission

_(20_ _February 1990)_

Up until 1988, Norway had the same type of legislation as
the Community as regards discards of undersized fish
based on recommendations made by the predecessor to
the North-East Atlantic Fisheries Commission. The
underlying logic of Community legislation in this field is
that catches of undersized fish should be minimized by
the use of nets of the appropriate minimum mesh size and
that any undersized fish shall not be retained on board,
but shall be returned immediately to the sea. If fishermen
were allowed to land fish of any size, there would be no
real incentive to use nets having a legal minimum mesh
size.

The introduction of a ban on all discards of certain
species by Norway was mainly motivated by the
perception by its public of discards of undersized fish as a
waste of resources rather than a necessary consequence of
enforcing measures aimed at protecting young fish.

In the Commission's view, a ban on discards will achieve
the objective of protecting young fish only if it is
vigorously enforced, which will necessitate extensive
control of catches at sea. It is doubtful whether such an
extensive control could in fact be applied to all vessels,
without discrimination. Differences between Norwegian
legislation and that in the Member States facilitates
implementation of Norway's ban on discards because its
authorities have statutory power to confiscate both
undersized fish and catches in excess of quotas without
recourse to a court of law.

A situation in which the management measures in
Community and Norwegian waters are not compatible
will inevitably complicate the activities of Community and
Norwegian fisherman wishing to fish in the other party's
waters, particularly in the North Sea. It is for this reason
that the Commission has obtained an exemption from the

N o C 171/18 Official Journal of the European Communities 12. 7. 90

ban for Community fishermen until 1 July 1990, in order
to allow the parties to find a suitable solution to this
problem.

The Commission is vigorously investigating what
additional technical measures might be proposed to
reduce discards, but many measures could already be
taken by fishermen themselves to do this.

WRITTEN QUESTION No 1012/89

by Mr Jos* Vaherde Lopez (PPE)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 171/34)

_Subject:_ Specific measures being prepared by the
Commission for Ceuta and Melilla (Spain)

On 24 September 1986 the Commission established an
Interdepartmental Group for the Overseas Departments,
Overseas Countries and Territories, Ceuta and Melilla,
the Azores and Madeira to conduct an overall inquiry into
the position of the Community's peripheral territories
(see the 1988 Report on the Agricultural situation in the
Community, point 194). What conclusions has this group
come to and what proposals has it made? What specific
measures does the Commission have in mind for Ceuta

and Melilla?

Answer given by Mr Delors
on behalf of the Commission

_(2 March 1990)_

Since being set up in 1986, the Interdepartmental
Working Party to which the Honourable Member refers
has examined the situation in the outlying regions covered
by its mandate, including Ceuta and Melilla. The
Commission's view at present is that the situation of these
two towns is not such as to justify asking the working
party to prepare a specific report on them as it did for the
remoter regions (French overseas departments, Canary
Islands, Azores and Maderia).

WRITTEN QUESTION No 1031/89

by Mr John Bird (S)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 171/35)

_Subject:_ Safety of toys

Council Directive 88/378/EEC ( [x] ) concerning the safety
of toys (CE EN71) has been incorporated into the
national law of the United Kingdom under SI No 1275,
The Toy (Safety) Regulations, 1989. Extensive

monitoring and testing arrangements are in existence in
the United Kingdom to ensure proper EC mark
certification. The current evidence suggests that a number
of United Kingdom companies involved in the
manufacture of toys for the under-14s are incorporating
SI 1275 into their standard products safety testing
procedures.

Can the Commission inform me:

— if all Member State governments have satisfactorily
implemented Directive 88/378/EEC into national
law?

— if all Member State governments have provided
satisfactory details of the testing and monitoring
procedures that will be pursued to ensure compliance
with Directive 88/378/EEC?

— if it is aware of the widespread ignorance of Directive
88/378/EEC amongst large numbers of toy
manufacturing companies throughout the EEC?

— if it is aware of any improper use of the EC mark?

— if it has, or intends to, launch any campaign to raise
awareness, or the profile, of this important item of
1992 safety standardization legislation?

O OJNoLl87,16.7.1988,p. 1.

Answer given by Mr Van Miert
on behalf of the Commission

_(8 February 1990)_

Until now, two Member States have communicated to the
Commission the text of the provisions of their national
law adopted in the field covered by Directive
88/378/EEC, and three Member States have

communicated to the Commission the names of their

national approved bodies responsible for carrying out the
EC type examination referred to in Article 8 (2) and 10 of
the Directive.

On the basis of Article 12 of the Directive, Member States
are in charge of taking the necessary measures to ensure
that sample checks are carried out on toys which are on
the market in their respective countries, so as to verify
their conformity with the Directive and to take
appropriate measures in case the toys that bear the EC
mark do not comply with the Directive requirements.

The Commission finds it very important that all the
parties concerned be informed of the Directive
requirements. Therefore, the Commission services have
organized meetings with the European Toys
Confederation and with the Member States. The

Commission has also the intention of preparing a booklet
of information on the Directive.

12. 7. 90 Official Journal of the European Communities N o C 171/19

WRITTEN QUESTION No 1052/89

by Mrs Maria Santos (V)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 171/36)

_Subject:_ Implications of the construction of the highway
along the Algarve coast (Via do Infante) crossing
protected and non-protected natural habitats in
the region and areas of fertile farmland

Whereas the 'Via do Infante' as projected by the
Highways Department, might seriously damage a number
of nature reserves designated in Community directives;

Whereas this project could place at risk fertile farmland,
particularly in the Sotavento area of the Algarve;

Having regard to the importance of the Sapal de Castro
Marim wetlands, (particularly in view of the presence of
certain species of birds and the delicate ecological balance
of this area) and of the river confluence in the Asseca
valley (Sotavento); noting that, if this project is
implemented, an even sharper division will be created
between the coastal strip on the one hand, which is
saturated as a result of the uncontrolled growth of
tourism (a source of pollution) and the inland Barrocal
and Serra areas on the other hand, which are becoming
very isolated and are experiencing a population exodus,

Whereas the local authorities are unaware of the studies

carried out in connection with this project, thereby
showing a lack of commitment to the proper development
of the region; whereas there is a strong current of
opposition to the project in its present form from the local
authorities, associations and the general public;

Whereas the Commission is currendy reassessing the
project, the first phase of which has been suspended as a
result of the complaint made by the Farmers' Committee
in the Sotavento area of the Algarve,

1. Does the Commission intend to carry out a full
reassessment of the project calling for in-depth
environmental impact studies of the Via do Infante?

2. Will the Commission insist on an alternative route, to
ensure compliance with Community directive on
protected areas?

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

_(6 February 1990)_

The Honourable Member is referred to the answer given
by the Commission to Oral Question H-372/89 by Mr
Barros Moura during Question Time at the November
1989 part-session of Parliament (').

As regards the two particular points raised by the
Honourable Member, it is outside the Commission's field

The aid is focused mainly on financial and technical
cooperation, food aid and aid via non-governmental
organizations. The following projects exceeded ECU
250 000:

_Financial and technical cooperation_

Project ALA 87/01 — Irrigation Chambo II —
ECU 9,00 million

Project ALA 88/10 — Reconstruction programme (1987
earthquake) — ECU 3,50 million

of competence to examine the project with a view to
finding an optimal choice for the route of the highway.

This is the principal objective of the impact study which,
in accordance with the provisions of Directive
85/337/EEC on the assessment of the effects of certain
public and private projects on the environment ( [2] ), should
enable the national authorities to opt for the solution
which is least harmful to the environment.

(') European Parliament Debate No 3-383 (November 1989).
O OJNoLl75,5. 7. 1985, p. 40.

WRITTEN QUESTION No 1062/89

by Mr James Ford (S)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 171/37)

_Subject:_ Aid in Ecuador

Can the Commission state the volume of aid given by the
European Community over each of the past five years?
Can the Commission list each project above ECU 250 000
in the same period?

Answer given by Mr Matutes
on behalf of the Commission

_(15 February 1990)_

The volume of aid granted by the European Community
to Ecuador in each of the last five years was as follows:

_(million ecus)_

Year

1984

1985

1986

1987

1988

Volume of aid

1,29

2,36

0,76

12,65

5,20(')

No C 171/20 Official Journal of the European Communities 12. 7. 90

_Food aid_

Rather than funding food aid projects as such, the
Community provides nutritional assistance via NGOs or
the WFP (the UN's World Food Programme). The
amounts granted in recent years were as follows:

1985

1986

1987

1988

ECU 760 000

ECU 810 000

ECU 1 080 000

ECU 930 000

_Aid via non-governmental organizations_

The Commission will send direct to the Honourable

Member and to Parliament's Secretariat a detailed list of

NGO projects financed.

(') The amount indicated for 1988 shows the situation at
30 March 1988.

WRITTEN QUESTION No 1064/89

by Mr James Ford (S)

to the Commission of the European Communities

_(18 December 19X9)_

(90/C 171/38)

_Subject:_ Dangerous imitations Directive

Can the Commission explain how it arrives at the belief
that young children may mistake five-foot-long plastic
inflatable bananas for the genuine article?

Answer given by Mr Van Miert
on behalf of the Commission

_(8 February 1990)_

The Commission shares the Honourable Member's

concern that safety be guaranteed on realistic and
reasonable bases.

Directive 87/357/EEC of 25 June 1987 O on dangerous
imitations of foodstuffs, on which the European
Parliament delivered a favourable opinion, was drawn up
with the object of coping in a harmonized fashion at
European level with the dangers presented by the
presence on the Community market of products
constituting dangerous imitations of consumer products.

The Directive thus presupposes not only that the product
in question constitutes an imitation of a foodstuff but also
that it lends itself to confusion with that foodstuff and

thus presents a danger (cf. Article 1 (2) of the Directive).
The mere fact that a product represents a foodstuff does
not cause it to fall within the scope of the Directive.

O OJNoL192,11.7. 1987, p. 49.

WRITTEN QUESTION No 1074/89

by Mr Jesus Cabezdn Alonso (S)

to the Commission of the European Communities

_(19 December 1989)_

(90/C 171/39)

_Subject:_ Cleanliness of beaches

In its answer to Written Question No 482/89 ('), the
Commission stated that the beach at La Concha had failed

to meet the requirements of the relevant directive and that
it had therefore decided to carry out preparatory inquiries
into the matter.

1. Which beach at La Concha was it referring to ?

2. What specific factors prompted the preparatory
inquiry into failure to meet the requirements of
Council Directive 76/ 160/EEC ( [2] )?

O OJ No C 47,27. 2. 1990, p. 9.
O OJNoL31,5. 2. 1976, p. 1

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

_(6 February 1990)_

1. The answer to the Honourable Member's Written

Question No 482/89 refers to the beach of La Concha at
Suances, Cantabria, following information provided by
the summary report on the quality of bathing waters for
1988 submitted by the Spanish authorities in compliance
with Directive 76/160/EEC.

2. The Commission decided to open an infringement
procedure under Article 169 in this case because, despite
the fact that the quality of waters of the beach at La
Concha has been found not to comply with the limit
values set in accordance with Article 3 of Directive

76/160/EEC, the Spanish authorities do not appear to
have taken the necessary measures to bring the quality of
the waters into line with these values as required by
Article 4 (1) of the Directive.

12. 7. 90 Official Journal of the European Communities No C 171/21

WRITTEN QUESTION No 1078/89

by Mr Andre Sainjon (S)

to the Council of the European Communities

_(19 December 1989)_

(90/C 171/40)

_Subject:_ Registration of vehicles and their use throughout
the European Community

In the run-up to the internal market in 1992 two
fundamental principles embodied in the Treaty of Rome,
the free movement of goods and the free movement of
persons, are being hampered by the lack of harmonization
between the Member States in respect of the law on
vehicle registration and customs formalities.

As a result, a company financing private and commercial
vehicles on long lease (exceeding 12 months) for
companies whose registered office is situated in France is
now encountering almost insurmountable problems.

The vehicles are supplied in France and intended for use
throughout the Community, since the companies renting
the cars, which are constituted under French law, are

established in one of the other 11 Member States. These

vehicles will return to France on expiry of the rental
period.

1. What rules apply to companies constituted under
French law and established in one of the 11 other

Member States wishing to hire private and commercial
vehicles for long periods for use throughout the
Community?

2. If these vehicles are registered in France, can they be
used freely and continuously throughout the
Community without being subject to taxation or
customs formalities?

If not, should the vehicles be registered in the host
country and what procedures should be followed?

Are Community rules being drawn up in this area
harmonizing the relevant legislation in the different
Member States ?

Answer

_(It May 1990)_

Some of the tax problems raised by the Honourable
Member were resolved by Directive 83/182/EEC of
28 March 1983 on tax exemptions within the Community
for certain means of transport temporarily imported into
one Member State from another (').

The Honourable Member is further requested to refer to
the Commission's reply to the same question.

(») OJ No L 105, 23. 4. 1983, p. 59.

WRITTEN QUESTION No 1086/89

by Mr James Ford (S)

to the Commission of the European Communities

_(19 December 1989)_

(90/C 171/41)

_Subject:_ European arms exports

In the light of the resolution on European arms exports
(Doc. A 2-398/88, paragraph 1) has the Commission
clarified its interpretation of Article 223 of the EEC
Treaty and Title III of the Single Act as regards the
development of a common arms market in Europe?

Answer given by Mr Andriessen
on behalf of the Commission

_(21 February 1990)_

The Commission would refer the Honourable Member to

the declaration made by Mr Bangemann, Vice-President
of the Commission, regarding the security of Western
Europe at the Parliament's part-session on 14 March
1989 (').

(') Verbatim Report of Proceedings in the European Parliament
of 14 March 1989, pages 17 to 20.

WRITTEN QUESTION No 1098/89

by Mr Pedro Pacheco Herrera (ARC)

to the Council of the European Communities

_(19 December 1989)_

(90/C 171/42)

_Subject:_ Discriminatory treatment of Jerez wines
(sherries) in the United Kingdom

'Jerez-Xeres-Sherry' wines of designated origin are
clearly vulnerable to discriminatory treatment by the
United Kingdom in favour of substitute products.

In view of this, can the Commission indicate what the
position is with regard to the proceedings which have
been brought pursuant to Article 169 of the EEC Treaty
against the United Kingdom for discriminatory fiscal
treatment (infringement of Article 95 of the Treaty) in
that alcoholic liquor duties have been imposed — a state
of affairs compounded, moreover, by subsequent Finance
Acts? Does it not take the view that, even if the Court of
Justice upholds the joint action brought by the Regulatory
Council for Wines of Designated Origin, irreparable
harm may be done to Jerez wines in that the British
consumers's tastes will have altered in the long
intervening period?

No C 171/22 Official Journal of the European Communities 12. 7. 90

When the United Kingdom became a Member State,
various compound designations applying to recognized
types of wine (such as Chilean 'Barsac', Spanish
'Bordeaux' and Romanian 'Burgundy [5] ) vanished from the
market; when Spain acceded, however, the designations
'British Sherry', 'Irish Sherry' and 'Cyprus Sherry' were
retained. What is the justification for this? Have other
exemptions, similar to those referred to in Community
rules, been applied?

In the Commission's view, is the fact that the designations
'British Sherry', 'Irish Sherry' and 'Cyprus Sherry' may
possibly be retained after 1995, as hinted at in Article 129
of the Act of Accession, in keeping with efforts to
complete the internal market by 1992 and with the policy
of ensuring agrifoodstuffs quality which has been
launched?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(21 February 1990)_

The Commission refers the Honourable Member to its

reply given to his Oral Question No H-480/89 on the
same subject in the European Parliament's pan-session of
December 1989 ( [!] ).

The Commission decided to discontinue the infringement
proceedings opened pursuant to Article 169 of the EEC
Treaty with respect to a breach of Article 95 of the Treaty
since the United Kingdom authorities abolished the
process of 'strength blending'. This process of strength
blending permitted 'British Sherry' producers to market a
high strength product without incurring the full amount
of the high strength excise duty imposed on liqueur wines
and similar products in the United Kingdom. This
resulted in a percentage difference in United Kingdom
excise duty to the detriment of imported Sherry from
Spain in the United Kingdom. By Section 4 of the Finance
Act 1989 amending Section 55 of the Alcoholic Liquor
Duties Act 1979, which took effect from 27 July 1989, this
discriminatory treatment was brought to an end.

As regards Community labelling requirements for liqueur
wines, Council Regulation (EEC) No 4252/88 of 21
December 1988 ( [2] ) stipulates that the quality liqueur
wines psr must be labelled with an indication of the name
of the specified region. Council Regulation (EEC) No
823/87 of 16 March 1987 ( [J] ) confirms the principle that
the name of a specified region is to be used exclusively for
wine originating in that region. The principle that a region
specified for the production of quality wines must be
designated by its geographical name had already been laid
down in Council Regulation (EEC) No 817/70 of 28
April 1970 ( [4] ) (before the accession of the United
Kingdom). The protection of appellations of origin, the
prohibition to use these appellations as generics and

the compulsory stating of the geographical origin of
wines corresponds to international obligations of several
Member States and the approach of the International
Vine and Wine Office ( [5] ).

In accordance with Article 15 (2) of Regulation (EEC) No
823/87 as amended by Regulation (EEC) No 2043/89 ( [6] ),
the terms Jerez, Xeres and Sherry are considered as
specific terms traditionally used to designate particular
wines which may only be used for quality wines psr.

However, Article 129 of the Act of Accession of Spain and
Portugal provides that until 31 December 1995, the use of
the composite terms 'British Sherry', 'Irish Sherry' and
'Cyprus Sherry' is authorized in the territory of the
United Kingdom and Ireland for products produced
traditionally in those Member States.

In 1995, the Council will review this measure and, acting
in accordance with the procedure laid down in Article 43
of the EEC Treaty is to adopt any requisite amendment to
that measure on a proposal from the Commission, taking
into account the interests of all the parties concerned.

In 1985, during the deliberations of the Conference on
the conditions of accession of Spain to the EEC as regards
this intermediate solution, the Spanish Delegation
reserved the right to raise the matter of composite terms
of the products concerned again before the authorities of
the enlarged Community.

(') Debates of the European Parliament (December 1989).
O OJ No L 373, 31. 12.1988, p. 59.
O OJ No L 84,27. 3. 1987.
( [4] ) OJNoL99,5. 5. 1970, p. 20.
O Resolution IVW, 30. 10. 1987.
(') OJNoL202, 14. 7. 1989, p. 1.

WRITTEN QUESTION No 1111/89

by Mr Bernard Thareau (S)

to the Commission of the European Communities

_(19 December 1989)_

(90/C 171/43)

_Subject:_ Farmers in financial difficulties

The financial difficulties being encountered by farmers,
which were previously thought to be of an individual or
short-term nature, have become more serious. In several
countries affected this has become a problem of
agricultural policy. It is for this reason that the European
Community introduced programmes of agricultural
income aid.

To assess the likely effect of such a measure, it appears
essential to have a means of measuring the scope of the
problem in each country. Can the Commission therefore
provide the following information:

12. 7. 90 Official Journal of the European Communities No C 171/23

1. How many fanners are currently considered to be in
difficulty in each of the Community Member States?

2. What agricultural policy measures exist at national,
regional, professional level to assist farmers in
difficulty?

3. How do these measures tie in with the framework

programmes of agricultural income aid ?

Answer given by Mr Mac Sharry
on behalf of die Commission

_(22 February 1990)_

1. The Commission is aware that some farmers in

many parts of the Community are experiencing
considerable difficulties despite an improvement in real
agricultural earnings of 20,1% at Community level
(without Portugal) between 1980 and 1989. However, as
there is no Community definition of 'farmers in
difficulty', nor is the Commission aware of national
definitions for all Member States, the Commission is
unable to reply to the first part of the question.

2. The Community applies various provisions to focus
support on smaller producers who can be the most
vulnerable to acute income problems flowing from an
increasingly market-orientated agricultural policy. Of
particular note are the provisions for smaller producers of
olive oil, milk, beef, sheep and cereals. In its 1990/91 price
and related measures proposal, the Commission seeks to
intensify such provisions notably through the
introduction of an overall area subsidy for small
producers of arable crops, the extension of the suckler
cow premium to small mixed dairy/beef herds, and a
system of milk-quota purchases with the intention of
distributing the quotas thus obtained to small producers.

The Commission has, through its powers over State aids,
recently authorized national aids to help some farmers in
difficulty in France, the Federal Republic of Germany
and Belgium. These authorizations were granted in
accordance with the transitional provisions laid down in
the Council Regulation which established the Community
system of agricultural income aid. The detailed provisions
are to be found in Commission Regulation (EEC)
No 1545/89('), as amended by Regulation (EEC)
No 104/90 ( [2] ).

3. Other than aids approved under the transitional
provisions just mentioned, the only agricultural income
aids which may be granted are those which are in
conformity with the relevant Community provisions,

namely Council Regulation (EEC) No 768/89 0 and
the implementing Commission Regulation (EEC) No
3813/89( [4] ).

O OJNoLl51,3. 6. 1989, p. 23.
O OJNoL13,17. 1. 1990, p. 5.
(») OJNoL84,29. 3. 1989, p. 8.
O OJNoL371,20. 12. 1989, p. 17.

WRITTEN QUESTION No 1122/89

by Mrs A. Pollack (S)

to the Commission of the European Communities

_(19 December 1989)_

(90/C 171/44)

_Subject:_ Safety limits on the toxic gas, nitrogen dioxide

What action has the Commission taken following the
disclosure by 'Friends of the Earth' that the United
Kingdom is breaching guidelines for nitrogen dioxide,
laid down in the Community's air pollution directive?

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

_(7 February 1990)_

The Commission has started to examine the case, in
particular by addressing a request for information to the
United Kingdom authorities.

WRITTEN QUESTION No 1131/89

by Mr John Bird (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 171/45)

_Subject:_ Hygiene contact and the inspection of fresh meat

Recognizing the implementation date of Directive
88/409/EEC O (hygiene contact and inspection of fresh
meat) as 1 January 1991, will the Commission inform me:

1. on progress towards satisfactory introduction of this
Directive,

2. whether it sees any merit in a proposal for certain
inspection/supervisory duties to be carried out by
specialist personnel who are not official veterinary

surgeons

No C 171/24 Official Journal of the European Communities 12. 7. 90

3. what size of premises/business will be subject to the
full requirements of the Directive?

O OJ No L 194,22. 7. 1988, p. 2.8.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(2 March 1990)_

Council Directive 88/409/EEC lays down the health rules
applying to meat intended for the domestic market and
the level of fees to be charged pursuant to Directive
85/73/EEC ('), in respect of the inspection of such meat.

This Directive is the first step in the direction of applying
to the national market the rules already adopted for
intra-Community trade. This principle has been enlarged,
in relation to fresh meat, in the proposal for a Regulation
laying down the health rules for production and placing
on the market of fresh meat presented recently to the
Council. In this proposal are laid down the duties and
qualifications of the auxiliaries who can help the official
veterinarians.

At the same time, the Commission presented to the
Council a draft proposal for a Council Decision on the
granting of temporary and limited derogations from
specific Community health rules on the production and
marketing of products of animal origin, according to
which temporary derogations on a case-by-case basis
can be granted by the Commission in order to ensure a
smooth transition from the existing situation to a
Community regime.

According to the same rules, derogations for small
establishments can be granted.

O OJNoL32,5. 2. 1985, p. 14.

WRITTEN QUESTION No 1138/89

by Mr Franz Stauffenberg (PPE)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 171/46)

_Subject:_ Mediterranean programme for environmental
protection

1. What basis does the Mediterranean programme for
environmental protection provide for ensuring that
tourism does not adversely affect the environment and the
natural world?

2. Is the Commission aware of the Asnapig project
(Association pour la Sauvegarde de la Nature dans la
Presque-Ile de Giens)? Does it consider this project could
be given moral and financial support?

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

_(23 February 1990)_

1. The Commission has taken several initiatives

designed to take into account the adverse effects of
uncontrolled touristic development on the environment.

Since the beginning of the preparatory stage of the
Mediterranean action programme (Medspa), a number of
projects aimed at the development of alternative forms
of tourism, the development of natural beauty spots
by combining environmental protection with tourist
facilities, or the heightening of public awareness of
certain types of environmental damage have been
financed by this operation.

In addition, on the basis of experience acquired during
this preparatory stage, which was completed in 1989,
the Commission decided to include the integrated
management of biotopes of Community interest in coastal
regions among the priorities for assistance during the first
five years of implementation of the programme (1990 to
1994).

The harmful consequences of uncontrolled touristic
development on the environment are also taken into
account at a more general level in several provisions of the
Community's environmental policy, such as Council
Directive 85/337/EEC of 27 June 1985 on the assessment

of the effects of certain public and private projects on the
environment ( [l] ).

2. The Commission is unaware of the contents of the

project drawn up by Asnapig, whose activities in the field
of the protection of nature are well-known to it. It is,
however, aware of the problems associated with the
protection of the Hyeres salt-marshes and the tombolo on
the Giens peninsula. A proposal for redevelopment of the
sand-bar and protection of the tombolo was submitted for
financial aid under the Medspa programme in April 1989
by the local administration of the town of Hyeres. The
proposal was not accepted, owing, firstly, to certain
reservations about the technical solution proposed and,
secondly, to limited budgetary resources. It is expected
that the proposal will be re-examined when projects to be
financed from the 1990 appropriations are selected.

O OJNoL175,5. 7. 1985, p. 40.

WRITTEN QUESTION No 1141/89

by Mrs Pauline Green (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 171/47)

_Subject:_ Aid to Turkey

Will the Commission list all the Community aid
programmes currently in progress with Turkey and the
extent of that aid?

12. 7. 90 Official Journal of the European Communities No C 171/25

Answer given by Mr Matutes
on behalf of the Commission

_(13 February 1990)_

Loans totalling ECU 310 million, allocated to Turkey
under the 1977 Third EC-Turkey Financial Protocol
signed in 1977, were committed several years ago. Final
payments of ECU 2 210 000 remain to be made on one
project, the CNC Electricity Transmission Centre.

Financial cooperation under the Special Aid Fund for
Turkey, created by Decision 2/80 of the Association
Council was resumed in 1987, since when the final
amount available of ECU 29 million has been committed,
ECU 500 000 of which having been spent on an
EEC-Turkey Business Week held in Istanbul in
September 1988. The following financing agreements
have also been signed with the Turkish Government since
1987:

— an anti-malaria campaign (ECU 1,5 million),

— a geothermal energy exploration project (ECU 8
million),

— the establishment in Istanbul of a regional centre for
local government for the Eastern Mediterranean and
Middle East (ECU 1,4 million),

— programmes through various Turkish university
institutions to improve Turkish understanding of the
EEC and for Jean Monnet postgraduate fellowships
in EEC university institutions (ECU 3,4 million),

— actions to control environmental pollution (ECU 2,8
million).

Negotiations are nearing completion on financing
agreements for:

— vocational training for tourism and coal-mining
(ECU 5,4 million),

— improvements in health care services (ECU 5,8
million),

and the launching of an EEC-Turkey Business Council is
also being discussed (ECU 200 000).

WRITTEN QUESTION No 1184/89

by Mr Gerard Monnier-Besombes (V)

to the Commission of die European Communities

_(9_ _January 1990)_

(90/C 171/48)

_Subject:_ Community-financed project which will lead
to further degradation of the natural marine
resources of the Firth of Moray (Scotland)

The Firth of Moray (Scotland), an area with a wealth of
marine life (salmon, salmon trout, and dolphin), has for

several years been seriously polluted by domestic and
industrial effluent from the coast. It is now threatened by
further degradation as a result of the dumping of effluent
pollution at sea. A sewage outfall pipe 1,8 km long is to be
constructed using Community funds (under the National
Programme of Community Interest for the Highlands
and Islands adopted in December 1988, amounting to
£ 8 550 000).

The European Commissioner for Regional Policy, Bruce
Millan, himself admits that the effluent discharged at sea
will not be completely treated: [ f] In this project sewage will
be screened, macerated and discharged into deep water
through a long outfall pipe designed to mobilize the
dispersal, dilution and bactericidal properties of the sea to
treat sewage' (speech delivered at Inverness on 10 July
1989).

It would appear that in spite of Directive 85/337/EEC ('),
Community funding was not subject to a prior assessment
of the environmental impact of the project concerned.
Indeed, some local authorities had clearly stated that they
could see no point in such an assessment.

What attitude does the Commission therefore intend to
take on this issue? Would it not be appropriate to suspend
all funding in the case of a project which is clearly
damaging to the environment?

O OJ No L 175, 5. 7. 1985, p. 40.

Answer given by Mr Millan
on behalf of the Commission

_(2_ _March 1990)_

The project referred to by the Honourable Member is
an indicative project in the National Programme of
Community Interest (NPCI) for the Highlands and
Islands, Scotland. However, this does not mean that it is
automatically approved. Approval will depend on the
satisfactory outcome of an environmental impact
assessment, in accordance with Council Directive
85/337/EEC, and a socio-economic cost benefit
assessment. The NPCI imposes both assessments as a
condition of approval for this type of project. The
Commission reminded the Scottish Office in August 1989
that both assessments must be carried out. It awaits the

results.

Consequently, the project cannot proceed until the
Scottish Office and the Commission are satisfied that
these outstanding matters have been resolved. Failure to
do so will require that the project be withdrawn from the
NPCI.

The Honourable Member can be assured that no financial
assistance has yet been given from the European Regional

No C 171/26 Official Journal of the European Communities 12. 7. 90

Development Fund to this project. A grant will only be
awarded if the above conditions are complied with.

WRITTEN QUESTION No 1232/89

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(12 January 1990)_

(90/C 171/49)

_Subject:_ AIDS experiments using threatened species of
primates in Africa

The French researcher Dr D. Zagury is carrying out AIDS
experiments on various species of primates. Recently
chimpanzees, among others, have also been shipped from
Africa to France to be used in his experiments. Some of
the species concerned are threatened with extinction. The
chimpanzee species _Pan troglodytes_ and the dwarf
chimpanzee _P. paniscus_ appear in Appendix I to the
Washington Convention (Cites). Furthermore, three of
the species of ape concerned are included in the IUCN
Red Data Book (namely _Cercopithecus aterrimus, C._
_hamlyni_ and C _I'hoesti)_ and various species are included in
Annex C2 to Regulation (EEC) No 3626/82 (*).

There is a European AIDS committee the members of
which are recognized researchers. They have not heard
about the research being done by Dr Zagury. The results
of the research have not yet been published.

Can the Commission say:

1. What records they are of primates imported into the
Member States from Africa in recent years and what
import licences for primates have been issued by the
Member States?

2. What steps it has taken in response to the
recommendations made by Parliament in its
resolution Doc. A 2-180/88 regarding the application
of Regulation (EEC) No 3626/82 and amendments
thereto?

3. What steps it is willing to take to ensure stricter
monitoring of the international rules laid down in
Regulation (EEC) No 3626/82, amendments thereto
and the Cites regulation?

4. Whether it is willing to negotiate with the Zairean
Government in order to put a stop to the trade in
endangered species and ban experiments on such
species being carried out by European researchers in
Zaire?

5. Whether there are ethical standards in the EEC

justifying experiments on human beings and
non-human primates and whether it considers that
research outside the Community carried out by
Community nationals should comply with these
standards?

OOJNoL384,31.12. 1982, p. 1.

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

_(28 February 1990)_

1. Imports of primates into the Community are subject
to the provisions of Council Regulation (EEC) No
3626/82 on the implementation in the Community of the
Convention on international trade in endangered species
of wild fauna and flora. Trade in these species is reported
on an annual basis since 1984. The reports concerned
indicate numbers imported, exported and re-exported, the
species, the origin or destination of the species and, in the
case of Appendix I and Annex Cl species, the purpose of
importation.

2. The Commission is currently preparing a proposal
for a Council Regulation replacing Regulation (EEC)
No 3626/82. In its proposal the Commission will take
account of the amendments called for by the European
Parliament in its resolution A2 180/88.

3. Trade controls governing the movement of primates
are the strictest possible. Many species are listed in Cites
Appendix I and those which are listed in Cites Appendix II
are subject to stricter measures laid down in Council
Regulation (EEC) No 3626/82.

4. Animal experimentation in the Community is
regulated by Directive 86/609/EEC of 16 December
1986 ('), which entered into force in November 1989.

The main objective of this Directive is to reduce to a
minimum the number of animals used for experimental
purposes and to ensure, where the use of animals is
necessary, that pain, suffering and distress are limited. It
is important to underline that, under the Directive,
animals belonging to several species, including
non-human primates which are to be used in experiments,
must be bred animals unless a general or special
exemption has been obtained from the national
competent authority (Article 21). Furthermore, Article 4
of the Directive states that, 'experiments using animals
considered as endangered under Appendix I of the
Convention on international trade in endangered species
of wild fauna and flora, and Annex Cl of Regulation
(EEC) No 3626/82, shall be prohibited unless they are in
conformity with the above Regulation and the objectives
of the experiment are essential to biomedical purposes

12. 7. 90 Official Journal of the European Communities No C 171/27

where the species in question exceptionally proves to be
the only one suitable for these purposes'.

5. It is however clear the the Directive only applies to
experiments which take place within the Community. By
no means can the Commission oblige a third country to
adopt similar measures for experiments which take place
in its territory, even if these experiments are conducted by
European researchers.

(')OJNoL358,18. 12. 1986, p. 1.

WRITTEN QUESTION No 1234/89

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(12 January 1990)_

(90/C 171/50)

_Subject:_ Convention on child adoption

The European Convention on the adoption of children of
24 April 1967 has not been either ratified or signed by
Belgium.

Can the Commission say whether other Member States
are in the same position and what official reasons they
have given to justify their abstaining?

What is the position of other Member States with regard
to ratifying and signing the Agreement?

Could the European Community not be party to this
Convention as the institution representing the Member
States?

Answer given by Mr Matutes
on behalf of the Commission

_(5 February 1990)_

On 31 December 1989, Belgium had neither signed nor
ratified European Convention No 58 of 24 April 1967 on
child adoption.

The Honourable Member will find below the state of

signature and ratification of this convention, whether by
Member States of the Community or non-Community
countries and the state of signature and ratification of
European Convention No 105 of the Council of Europe
of 20 May 1980 on the recognition and implementation
of decisions as regards child custody and the reestablishment of child custody.

At this stage accession to these Conventions by the
Community cannot be envisaged. '

WRITTEN QUESTION No 1238/89

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(12 January 1990)_

(90/C 171/51)

_Subject:_ Disposal of waste oil in the Mediterranean

At the meeting of Mediterranean countries held on
6 October 1989, one of the decisions reached was to ban
the disposal of lubricant oils in the sea as of 1 January
1994.

In view of this, what steps does the Commission intend to
take to achieve the objective proposed at the meeting in
Athens?

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

_(6 February 1990)_

The Commission points out to the Honourable Member
that, since 1975, the Community has adopted Directives
75/439/EEC (») and 87/101/EEC ( [2] ) on the disposal of
waste oils.

The 1987 Directive amends that of 1975 and has been in

force since 1 January 1990. It lays down that oils must be

No 105

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Greece

Iceland

Ireland

Italy

Liechtenstein

Luxembourg

Malta

Netherlands

Norway

Portugal

San Marino

Spain

Sweden

Switzerland

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No C 171/28 Official Journal of the European Communities 12. 7. 90

disposed of through combustion or regeneration and that
disposal at sea or on the ground are forbidden.

Consequently, the Commission does not believe it is
necessary, for the time being, to take other steps.

O OJNoL 134,25.7. 1975, p. 31.
O OJ No L 42,12. 2. 1987, p. 43.

WRITTEN QUESTION No 1246/89

by Mr Thomas Megahy (S)

to the Commission of the European Communities

_(12 January 1990)_

(90/C 171/52)

_Subject:_ The common fisheries policy

Why is the Dutch quota for Dover Sole 17 times greater
than the equivalent United Kingdom quota?

Answer given by Mr Marin
on behalf of the Commission

_(20 February 1990)_

For each fish stock subject to a catch limit the overall
catch volume available for the Community is shared out in
accordance with Article 4 (1) of Regulation (EEC)
No 170/83 (') in a manner ensuring a stable level of
activity for each Member State in the stock concerned.

The catch share for each Member State in each stock is

calculated, as decided by the Council on 25 January 1983,
on the basis of the average catches taken by the Member
States between 1973 and 1978. By this method of
calculation, the sole quuota for the Netherlands is
17 times higher than the United Kingdom quota.

The Commission agrees with the Honourable Member
that, give the present trend of the common fisheries
policy, it is open to question whether this method of
allocation should be maintained.

O OJ No L 24, 27.1.1983, p. 1.

WRITTEN QUESTION No 1256/89

by Mr Christopher Jackson (ED)

to the Commission of the European Communities

_(12 January 1990)_

(90/C 171/53)

_Subject:_ Treatment of deer — game meat Regulation

Considerable problems have arisen regarding the
treatment of deer under the draft game meat Regulation.

Would the Commission consider withdrawing the draft
Regulation and replacing it by a draft Directive?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(21 February 1990)_

The problems relating to handling of deer meat presented
to the Commission during the drafting of the proposal for
a Council Regulation concerning rabbit meat and game
meat have been taken into account in so far as their

acceptance does not present a risk for the consumers of
game meat.

The Commission does not envisage withdrawing the
proposal.

WRITTEN QUESTION No 1263/89

by Mr Victor Arbeloa Mum (S)

to the Council of the European Communities

_(12 January 1990)_

(90/C 171/54)

_Subject:_ Insufficient aid for Poland

The President-in-Office of the Community, Mr Roland
Dumas, speaking to the French National Assembly on
5 October 1989, said that the effort made by the
Community with regard to Poland was 'encore insuffisant
en egard aux besoins immenses' of that country. What
effort does the Council believe would be sufficient, in the
words of the President-in-Office, to provide proof of
'generosite et d'imagination'?

Answer

_(1_ _June 1990)_

The 'Group of 24' for economic assistance to Poland and
Hungary has launched several initiatives in various
priority areas: supply of foodstuffs to Poland, improved
opportunities of access to markets, cooperation measures
on vocational training, encouragement of investment, and
practical initiatives in the field of environmental
protection.

The Community has taken assistance measures in the
context of the 'Group of 24' with regard to food aid, the
removal of certain obstacles to imports, vocational
training through the creation of a European Foundation
for vocational training and the introduction of the
Tempus programme, and also on the financial level —
including the creation of the European Bank for
Reconstruction and Development: these measures
constitute a very important whole, in keeping with the
needs of these countries, and represent an essential aid in
their present situation.

12. 7. 90 Official Journal of the European Communities No C 171/29

The guidelines recently adopted by the Council in
connection with the revision of the financial perspective
with regard to the additional appropriations for Central
and Eastern Europe show clearly that the Community is
continuing to help these countries.

WRITTEN QUESTION No 1280/89

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(15_ _January 1990)_

(90/C 171/55)

_Subject:_ Cleaning up the coast and coastal waters

What are the specific aims of the proposed multiannual
programme for cleaning up the coast and coastal waters
in northern and eastern Europe, particularly in the
north-east Atlantic area?

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

_(6 February 1990)_

In the framework of the Norsap programme (special
action programme for the cleaning up of the coastal zones
and coastal waters of the Irish Sea, North Sea, Baltic Sea
and the north-east Atlantic Ocean), activities are to be
directed towards areas where there are known to be acute
or significant environmental problems in the relevant
Community waters.

As part of the 1989 programme a project is to be funded to
define and map eutrophication-sensitive areas along
Brittany coasts and to produce guidelines for 'cleaning up'
action.

For projects under the 1990 programme, action will be
directed towards the five following themes:

— nutrient abatement measures including agricultural

measures,

— advanced waste water treatment and pollution
prevention technologies ('clean technology'),

— integrated ecological management,

— alternatives to biocide use,

— localized marine problems.

As these themes are not limited regionally, clean-up
activities on any of these themes may be envisaged for the
north-east Atlantic Ocean.

A call for tender, inviting projects which fulfil the
objectives of the Norsap programme to apply for part
funding, has been published in February 1990 ( [!] ).

0) OJNoC24, 1.2. 1990.

WRITTEN QUESTION No 1290/89

by Mr Leopoldo Ortiz Climent (PPE)

to the Commission of the European Communities

_(15_ _January 1990)_

(90/C 171/56)

_Subject:_ Abolition of customs duty on Spanish
agricultural products, the transitional period for
which expires in January 1996

In view of the fact that Spain's trade balance has shown a
large deficit since that country's accession to the
European Communities and that in July this year the
Council agreed to abolish customs duty on Spanish
industrial products, does the Commission not consider,
bearing in mind Article 75 (4) (b) of the Treaty of
Accession of Spain, that it would be appropriate to abolish
completely customs duty on Spanish agricultural products
with a transitional period expiring in 1996 as of 1 January
1990?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(1 March 1990)_

The Commission would remind the Honourable Member
that the basic aim of the transitional periods introduced
by the Act of Accession is to ensure the smooth
integration of the various sectors of the Spanish economy
in the common market.

The Commission takes the view that the abolition of
customs duty on industrial products should not
necessarily lead to similar action in the case of agricultural
products. The situation must be examined closely on a
case-by-case basis, bearing in mind in particular the
special sensitivity of trade in certain products.

Fruit and vegetables are particularly sensitive, and the Act
of Accession provides for two-phase transitional
arrangements for them, which means they are subject,
until 31 December 1989, to a verification of convergence
phase. Article 147 of the Act of Accession provides that
Community rules are to apply to fruit and vegetables from
1 January 1990, subject to the supplementary trade
mechanism.

The Commission considers that fruit and vegetables
should be integrated gradually, although the application
of Article 147 must not be ruled out from the outset.
A decision on this should be taken only in the light of
the experience to be gained in the application of the
mechanisms during the second phase of the transitional
arrangements.

No C 171/30 Official Journal of the European Communities 12. 7. 90

WRITTEN QUESTION No 1291/89

by Mr Leopoldo Ortiz Climent (PPE)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 171/57)

_Subject:_ Export refunds in the citrus sector

At present export refunds in the citrus fruit sector are
granted only for the exportation of oranges and lemons,
but the large quantities of satsumas, Clementines and
mandarins produced need assistance to enter the
international market and compete with fruit from third
countries, such as satsumas from Turkey and Clementines
from Morocco.

Does the Commission not consider that export refunds
should be introduced for satsumas, Clementines and
mandarins as of 1 January 1990?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(20 February 1990)_

Regulation (EEC) No 1035/72 on the common
organization of the market in fruit and vegetables ('),
provides for the granting of refunds where necessary.

Under Article 87 of the Act of Accession, an export refund
can be paid in Spain from 1 January 1990 only in respect
of products for which a Community refund system exists.

The Commission takes the view that trends in Community
exports and the situation on the mandarin, satsuma and
Clementine markets do not justify the introduction of
Community refunds for the 1989/90 marketing year.

(') OJNoL 118,20. 5. 1972, p. 1.

WRITTEN QUESTION No 1301/89

by Mrs Teresa Domingo Segarra (GUE)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 171/58)

_Subject:_ Inadequate Community aid for Spanish oranges

Why has aid to the tune of ECU 11 per 100 kilograms
been approved for oranges in the 10 countries which were
members of the EEC prior to the accession of Spain and
Portugal, while in the case of Spanish oranges the aid is
only ECU 5,88 per 100 kilograms?

Under the terms of the Act of Accession, Spanish exports
are, in the second phase, entitled to the same Community
rebate as applies elsewhere, reduced for each product by
the difference between Spanish and Community prices.

Given that the difference between the Community base
price and its Spanish equivalent is only ECU 3,7 per
100 kilograms, why is there a difference in the aid of
ECU 5,12 per 100 kilograms? Why is the aid for Spanish
oranges not at least ECU 7,3 per 100 kilograms?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(12 March 1990)_

Broadly speaking, Community export refunds for Spanish
products were fixed primarily on the basis of the criteria
set out in the Act of Accession, and in particular the
difference between the official prices in Spain and in the
rest of the Community. The competitiveness of the
products in question was also taken into account, since
the objective as regards export refunds in the fruit and
vegetable sector is to limit refunds to levels enabling
products to be sold on the markets of non-member
countries.

As regards the Community exports refund applicable to
Spanish oranges from 1 January 1990, it should be
pointed out that Spain granted a refund of ECU 5,88 per
100 kilograms from national funds until 31 December
1989.

The Commission therefore considered it appropriate to
keep the refund at ECU 5,88 per 100 kilograms until the
end of the marketing year in order to avoid any mid-year
changes in the refund which might cause problems for the
operators in question.

WRITTEN QUESTION No 1305/89

by Mr Ben Fayot (S)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 171/59)

_Subject:_ Sickness and accident insurance for professional
drivers driving abroad

At the moment a professional driver driving abroad and to
the refund of any medical expenses has to secure a copy of
form E 111. In the case of people who are frequently
abroad this procedure is not viable.

Has the Commission given any thought to this issue?

Answer given by Miss Papandreou
on behalf of the Commission

_(28 February 1990)_

Workers in international transport frequently have to
make brief trips at short notice which take them to two

12. 7. 90 Official Journal of the European Communities No C 171/31

or more Member States. Article 20 of Regulation (EEC)
No 574/72 (') contains special provisions regarding
entitlement to benefits in kind. Such workers only require
a certificate from their employer (form E110) to be
entitled to sickness insurance in the place of stay. If the
worker is unable to contact the institution of the place of
stay before receiving medical treatment (e.g. because of
when and where he finds himself requiring treatment), he
is none the less entitled to such treatment on presentation
of his certificate as if he were subject to the legislation of
the place of stay.

The Commission has not so far received any complaints
concerning the operation of these special provisions.

(') OJ No L 230, _12._ 8. 1983, as last amended by Regulation
(EEC) No 3811/86 (OJ No L 355, 16.12.1986).

WRITTEN QUESTION No 1314/89

by Mr Dick Ukeiwe (RDE)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 171/60)

_Subject:_ Entitlement of a student from an overseas
territory of a Member State to enjoy the same
rights, in another Member State, as Community
students

Oxford University has refused to allow a French citizen
from an overseas territory (New Caledonia) to receive the
same entitlements as students from the Community.

What measures does the Commission intend to take to

ensure that French overseas citizens are not discriminated

against in this way?

Answer given by Miss Papandreou
on behalf of the Commission

_(2 March 1990)_

The question does not specify what entitlements the
Honourable Member is referring to.

The Commission would therefore ask him to provide it
with full details so that the matter can be taken up with the
United Kingdom authorities if need be.

WRITTEN QUESTION No 1315/89

by Mr Dick Ukeiwe (RDE)

to the Council of the European Communities

_(15 January 1990)_

(90/C 171/61)

_Subject:_ Entitlement of a student from an overseas
territory of a Member State to enjoy the same
rights, in another Member State, as Community
students

Oxford University has refused to allow a French citizen
from an overseas territory (New Caledonia) to receive the
same entitlements as students from the Community.

What measures does the Council intend to take to ensure

that French overseas citizens are not discriminated against
in this way?

Answer

_(15 May 1990)_

If a citizen of a Member State believes that he has been the

victim of discrimination in another Member State, various

means of redress are available to him.

Firstly, he may bring the matter before the competent
administrative authorities and, if necessary, the legal
authorities of the Member State in which the

infringement is alleged to have taken place. These
authorities are obliged to apply the existing Community
regulations governing non-discrimination.

Secondly, he could lodge a complaint with the
Commission of the European Communities which, as
guardian of the Treaties, may investigate that complaint.

Thirdly, he could address his complaint to the European
Parliament Committee on the Rules of Procedure and

Petitions.

The Council cannot take any initiatives in this regard.

WRITTEN QUESTION No 1316/89

by Mr Carlos Carvalhas, Mr Joaquim da Silva and Mr Jose
Barros Moura (CG)

to the Council of the European Communities

_(15 January 1990)_

(90/C 171/62)

_Subject:_ Oilfield development in east Timor

The signing of an agreement between the Australian and
Indonesian Governments, with a view to developing
natural resources on the continental shelf belonging to

No C 171/32 Official Journal of the European Communities 12. 7. 90

east Timor, runs contrary to the decisions taken by the
European Parliament and the United Nations.

What position does the Council intend to adopt with
regard to the agreement on oilfield development in
Timor, which the UN still considers as a 'nonautonomous' territory?

Answer

_(15 May 1990)_

The problem raised by the Honourable Member falls
principally within the domain of European political
cooperation. The Honourable Member is therefore asked
to refer to the reply given on 17 January 1990 by the
Ministers for Foreign Affairs to Oral Question No
H-575/89 put by Mrs Santos.

WRITTEN QUESTION No 1323/89

by Mr James Fitzsimons (RDE)

to the Commission of the European Communities

_(22 January 1990)_

(90/C 171/63)

_Subject:_ Duty-free goods from Israel

Can the Commission state why it is that goods from Israel
can enter the Community duty-free, especially in cases
where these goods are in direct competition with similar
goods produced in a Member State?

Answer given by Mr Matutes
on behalf of the Commission

_(13 February 1990)_

The Agreement of 11 May 1975, concluded as part of
the overall Mediterranean approach, laid down the
arrangements for access to the Community market for
products originating in Israel ('). The aim of the
Agreement is the reciprocal removal of barriers to trade
and the establishment of cooperation.

On 1 December 1988, an Additional Protocol, aimed at
maintaining traditional trade flows, entered into force: it
provided for the phasing-out of the remaining duties still
applied to the agricultural products covered by the
Agreement.

On 1 January 1989, the reciprocal freedom of trade for
industrial products provided for in the Agreement was
established and is a noteworthy example of equal
treatment in trade.

O OJNoL165,28. 6. 1975, p. 62.

WRITTEN QUESTION No 3/90

by Mr Terence Wynn (S)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 171/64)

_Subject:_ Dumping of Colombian coal

Is there any evidence to suggest that Colombian coal was
sold into the Community last year at prices far below costs
of production?

If there is, what action does the Commission intend to

take?

Answer given by Mr Andriessen
on behalf of the Commission

_(6 March 1990)_

The Commission is aware of allegations that Colombian
coal is being exported at prices below costs of production.

The Commission is always prepared to open an
anti-dumping investigation against exports from third
countries, on receipt of a satisfactory complaint made on
behalf of a Community industry, showing sufficient
evidence of dumping and injury to justify such action.

WRITTEN QUESTION No 5/90

by Mr Richard Simmonds (ED)

to the Council of the European Communities

_(26 January 1990)_

(90/C 171/65)

_Subject:_ Battery cages

Two recent scientific papers have further demonstrated
the severe suffering of birds kept in battery cages. The
first of these (Dawkins & Hardie, _British Poultry Science_
(1989)) indicates that the current minimum space
allowance of 450 cm [2] per bird is totally inadequate for the
birds to perform normal behaviour patterns. For instance,
birds require a mean of 1 876 cm [2], to flap their wings. The
second paper (Gregory & Wilkins (1988)) indicates that
one-third of battery hens have broken bones by the time
they reach the slaughterhouse. Further evidence from a
number of workers shows that the wing bones of battery
hens are only about half as strong as those kept in more
extensive systems.

1. Is the Commission aware of this research?

12. 7. 90 Official Journal of the European Communities No C 171/33

2. Is the Commission prepared to admit in the light of
this research that die space allowance of 450 cm [2] laid
down in Directive 88/166/EEC does not allow

sufficient room for adequate exercise for laying hens?

3. Would the Commission give a statement on this
matter and agree that a full report should be submitted
as a matter of urgency and at all events well before the
date of 1 January 1993 as laid down in the Directive?

4. Will the Commission indicate what research has been

undertaken to date into alternative systems for laying
hens and the earliest date by which it expects to be able
to publish its report on scientific developments
regarding the welfare of hens?

5. Will the Commission give urgent consideration to the
setting up of an expert working party to examine the
complex problems involved with egg production
methods to advise the Commission and the Council of

Ministers on the steps necessary to improve the
welfare of birds kept in the various systems?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(21 February 1990)_

1. Yes.

2. It has long been recognized that the system of
keeping laying hens in battery cages does not meet all of
the behavioural requirements of hens. This is clearly set
out in the preamble to Council Directive 86/113/EEC (*)
laying down minimum standards for the protection of
laying hens kept in battery cages, annexed to Council
Directive 88/166/EEC ( [2] ) complying with the judgement
of the Court of Justice in Case 131/86 ( [3] ).

3. The Commission intends, in the course of this year,
to start preparing the report on scientific developments
regarding the welfare of hens under various systems of
rearing, referred to in Article 9 of Council Directive
86/113/EEC. Subject to constraints imposed by
limitations on the availability of staff and other resources,
it is hoped to complete the report well before the required
date of 1 January 1993.

4. Between 1984 and 1988, as part of the Community
programme to coordinate agricultural research, the
Commission sponsored research in several Member States
into alternative systems for housing laying hens. A
seminar was held in May 1988 to discuss the results of
that research and the proceedings of the seminar have
been published by the Commission ( [4] ). A copy of this
report is being sent directly to the Honourable Member
and to the Secretariat of Parliament.

5. The Commission intends, in preparing the report
referred to at point 3, to consult the Scientific Veterinary

Committee, animal welfare section, in order to obtain the
best possible scientific advice as a basis for its report.

O OJ No L 95,10. 4. 1986, p. 45.
O OJNoL74,19. 3. 1988, p. 83.
( [J] ) Report of cases before the Court, 1988, p. 1.
O Report EUR 11711,1989.

WRITTEN QUESTION No 10/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 171/66)

_Subject:_ Storage of nuclear waste

The Community budget covers part of the funding for
research into the management and storage of nuclear
waste. This is commendable, as it is important for today's
problem of the storage of radioactive waste to be dealt
with as effectively as possible. However, whatever
precautions are taken, the fact remains that all storage
sites will pose a very real potential danger for a long time
to come. The real solution lies in permanently
neutralizing these radioactive wastes.

What is the Commission's policy as regards long-term
research into this subject and what overall budget does it
intend to allocate thereto?

Answer given by Mr Pandolfi
on behalf of the Commission

_(2_ _March 1990)_

The Commission has set out its views on the storage of
radioactive waste in its Communication 'Present situation

and prospects in the field of radioactive waste
management in the European Community' (*). In that
document, the Commission emphasized the need to
accord priority to demonstration activities in order to
ensure that final storage sites can safely be placed in
service.

The fourth Community five-year (1990 to 1994) R & D
programme in the field of management and storage of
radioactive waste, approved by the Council on 15
December 1989 ( [2] ), confirms the validity of this approach,
to the research. Almost half of the programme budget
(ECU 79 600 000) is to be allocated either directly or
through ancillary research projects to the development of
safe final storage.

As stated in the Annex to the Council Decision on the

programme, certain research subjects of long-term

No C 171/34 Official Journal of the European Communities 12. 7. 90

scientific interest will also be evaluated in the context of

appropriate programme tasks.

These subjects include the transmutation of long-lived
radioelements into short-lived ones. This strategy
requires intensive reprocessing of the spent nuclear fuel in
order to separate the long-lived elements and then
incineration of such elements in suitable nuclear

installations (for example fast breeder reactors) so as to
transmute them into shorter-lived ones. The strategy is
also the subject of a long-term research project to be
conducted by the Institute for Transuranium Elements of
the Community's Joint Research Centre.

(*) Doc. COM(87) 312 final.
_C)_ OJ No L 395, 30. 12. 1989, p. 28.

WRITTEN QUESTION No 37/90

by Mr Madron Scligman (ED)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 171/67)

_Subject:_ Killing and trapping of goldfinches

What exact number of goldfinches would the
Commission consider could be killed or trapped within
the Community under the derogation for small numbers
contained in Article 9 of Directive 79/409/EEC (')?

How does the Commission know whether this number is

exceeded or not, given that Member States have generally
not reported efficiently on their derogations, and since it
is known that significant illegal killing takes place?

(') OJNoL103,25.4. 1979, p. 1.

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

_(27 February 1990)_

Studies carried out for the Commission in this field

indicate that 'small numbers' should be taken to mean less

than 1 % of the total annual mortality figures for the bird
population concerned.

The Commission is taking steps to ensure that Member
States report annually on the numbers of birds taken
pursuant to Article 9 (3) of Directive 79/409/EEC.

The actual numbers taken illegally are not known.

WRITTEN QUESTION No 40/90

by Mr Panayotis Roumeliotis (S)

to the Council of the European Communities

_(26 January 1990)_

(90/C 171/68)

_Subject:_ Financing of large-scale projects of Community
interest

On 16 September 1987 the European Parliament
delivered a favourable opinion on a proposal from the
Commission concerning the funding of large-scale
infrastructural projects of Community interest intended
to facilitate the organization and implementation of such
projects, mobilizing and channelling new sources of
private capital, supplemented or guaranteed by the
Community budget, for this purpose.

Why has the Council not yet adopted this important
Commission proposal since it is generally agreed that the
success of the single market in 1992 depends to a large
extent on improving roads, telecommunications and other
infrastructures which will help to make European
industry more competitive, enhance the potential of the
less-developed regions of the community and improve
communications between these and its developed areas?

Answer

_(15 May 1990)_

The Commission submitted its original proposal on the
financing of major infrastructures of European interest in
December 1986. Further to the opinion of the European
Parliament the Commission submitted an amended

proposal in January 1988.

The Council first discussed the proposal in May 1987 and
the amended proposal was examined in November 1988.
The compromise solution which the Presidency then put
forward failed to win the necessary unanimity by
delegations for adoption of the text. The differences of
opinion which emerged in the Council, particularly on the
need for a general decision on the financing of major
infrastructures, offer little prospect at present of any
narrowing of the gap between delegations' positions.

However, as regards transport infrastructures, the
Council decided to grant financial support on 19
December 1988 (OJ No L 356, 24. 12. 1988, p. 5).

Lastly, in its resolution of 22 January 1990 concerning
trans-European networks, the Council considered that
special priority should be given, paying particular
attention to situations arising at the Community's limits in

12. 7. 90 Official Journal of the European Communities No C 171/35

the context of economic and social cohesion, to the
development and inter-connection of trans-European
networks, and invited the Commission to submit to it a
work programme and proposals for appropriate measures
concerning such networks.

WRITTEN QUESTION No 46/90

by Mr Fernand Herman (PPE)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 171/69)

_Subject:_ Promotion of environmentally friendly products

By its Regulation of March 1986 the Commission
introduced a refund system, which is to be renewed in
1990, enabling Community industries to obtain starch and
sugar at close to world market prices.

However, these refunds are limited to products
manufactured from starch and sugar included on a
restrictive list contained in the Regulation of March 1986.

Given the growing concern with environmental
protection, does the Commission intend to extend this list

— to 'master batches', that is to say the basic materials
for biodegradable plastics,

— to coal briquettes in which the tar can be replaced by
starch as a binding agent?

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

_(13 March 1990)_

The Commission does not at this stage rule out the
possibility of extending the lists of chemical products
contained in the Annexes to Council Regulations (EEC)
No 1009/86 and No 1010/86 (*) which lay down general
rules for the production refund on certain starch products
and sugar products used in the chemical industry. The
Commission is examining the request for products which
are eligible for refunds on starch used.

With regard to environmental protection and in particular
biodegradability, the Commission would refer the

Honourable Member to its reply to Written Question Nos
861 and 868/89 by Mr Vandemeulebroucke ( [2] ).

O OJ No L 94,9. 4.1986, p. 6.
O OJNoC 139,7.6.1990.

WRITTEN QUESTION No 50/90

by Mr J. Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 171/70)

_Subject:_ Eclair projects

The Commission has now selected 23 projects which are
to receive support under the Eclair programme for
agro-industrial research.

Some 200 public and private institutions are involved in
the projects selected.

Can the Commission say exactly which 23 projects are
involved and which research establishments — both

public and private — are taking part?

Answer given by Mr Pandolfi
on behalf of the Commission

_(20 March 1990)_

The Commission will send the information required
direct to the Honourable Member and to the Secretariat

of the European Parliament.

Seventeen further projects are being discussed under the
Eclair programme.

WRITTEN QUESTION No 51/90

by Mr J. Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 171/71)

_Subject:_ The provision, within the Community, of
information about medicines by sources outside
the pharmaceutical industry

A survey carried out for the department of the Belgian
State Secretary for health has shown that the provision of
non-commercial information about medicines results in a

significant change in the way in which doctors prescribe
them and thus in a more responsible approach to the use
of medicinal drugs. Moreover, expert information from a

No C 171/36 Official Journal of the European Communities 12.7.90

source other than the pharmaceutical industry can help to
achieve considerable savings. The researchers in Flanders
estimate that a campaign along these lines could save
between Bfrs 50 and 200 million.

Bearing in mind the aim of establishing an internal EEC
market in medicinal drugs and the effects upon such a
market of the existence — or lack — of a drugs
information system operating independently of the
pharmaceutical industry in the various Member States,
what measures does the Commission intend to propose
for the establishment or harmonization within the
Community of systems for the provision of expert
information for doctors on medicinal drugs from a source
other than the pharmaceutical industry?

Answer given by Mr Bangemann
on behalf of the Commission

_(20_ _March 1990)_

The Commission supports the efforts being made by the
Member States to provide objective information about
medicines from sources outside the pharmaceutical
industry. In this respect, the summary of product
characteristics as set out in Council Directive
83/570/EEC (') enables the drug registration authorities
to check and to validate the information required for the
proper use of medicinal drugs.

The Commission has just sent the Council and Parliament
three new proposals for Directives on the rational use of
medicinal products, which will soon be followed by a
fourth proposal on the monitoring of pharmaceutical
advertising. The principle aim of these measures is to
improve public health by means of a better use of
medicinal products. The savings that may be made by the
social security organizations should be used for the better
funding of pharmaceutical research, which is essential to
progress in the treatment of disease.

(') OJNoL332,28. 11. 1983.

WRITTEN QUESTION No 59/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 171/72)

_Subject:_ Convention on the conservation of migratory
species of wild animals

The Bonn Convention on the conservation of migratory
species of wild animals was concluded on 23 June 1979.

Can the Commission say which countries have since
signed or ratified this Convention?

What information does the Commission have concerning
the effect this has had on migratory species of wild
animals to date? Does the Commission consider that the
Convention has achieved any positive results so far?

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

_(19_ _March_ _1990)_

The Commission is sending a list of the countries which
have ratified the Convention direct to the Honourable

Member and to Parliament's Secretariat.

In the Commission's view, the Convention is encouraging
the conservation of endangered species and will play an
important part in the management of the migratory fauna
of the Western Palearctic, birds in particular.

The Commission also believes that the provisions for
protecting wild birds laid down in Directive
79/409/EEC _(_ _[l]_ _)_ accord with the aims of the Convention.
Moreover, it has done scientific studies and other work
on the migratory species listed in Annex 1 to the
Directive, in particular the Dalmatian pelican _(Pelicanus_
_crispus),_ Audouin's gull _(Larus_ _andouinii),_ the white-tailed
sea eagle _(Haliaetus_ _albicilla),_ the monk seal _(Monachus_
_monachus)_ and the green turtle.

Another positive result as far as Community countries are
concerned is the preparation of agreements on European
species of bat, _Ciconia_ _ciconia,_ water birds of the Western
Palearctic and marine mammals of the North Sea.

O OJNoL103,25.4. 1979, p. 1.

WRITTEN QUESTION No 67/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(26_ _January 1990)_

(90/C 171/73)

_Subject:_ Fur

Would the Commission ask the Soviet Union what
statistics it has, and what method of collating such
statistics it uses, for numbers and species of animals
caught in leghold or similar traps for the fur trade?

12. 7. 90 Official Journal of the European Communities No C 171/37

WRITTEN QUESTION No 68/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 171/74)

_Subject:_ Fur

According to the reply I received to my question to the
Foreign Ministers meeting in European Political
Cooperation in Strasbourg on 12 December 1989
(H-524/89) ( [l] ) they have not received any representations
from the USA, USSR or Canadian Governments with
respect to the Commission's proposal on the import
of certain furs (COM(88) 381/final - C 3-34/89);
would the Commission, therefore, ask the Canadian
Government to provide all current information on their
humane trap development programme, including videos
and scientific reports?

(') Debates of the European Parliament No 2-384 (December
1989).

Joint answer to Written Question Nos 67/90 and 68/90
given by Mr Ripa di Meana
on behalf of the Commission

_(13 March 1990)_

The Commission has in fact had very many
representations, from the Canadian Government in
particular, concerning all issues relating to the
Commission proposal on the importation of furs ( [!] ). It
will nevertheless write to both the Canadian and USSR

Governments to request the information asked by the
Honourable Member.

OQJNoCl34,31.5. 1989.

WRITTEN QUESTION No 77/90

by Mr Jean-Claude Pasty (RDE)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 171/75)

_Subject:_ Introduction or continued use of agricultural
production practices compatible with the
protection of the environment, fauna or the
landscape

Could the Commission specify which Member States have
taken the measures needed to make applicable on their
territory the provisions of Article 19 of Regulation (EEC)
No 797/85 O which seeks to encourage the introduction
or continued use of agricultural production practices
compatible with the protection of the environment, fauna
or the landscape?

The EAGGF has not yet reimbursed any expenditure
resulting from the Danish and Dutch measures, which
were implemented more recently.

(') OJNoLl67,26.6.1987, p. 1.

WRITTEN QUESTION No 81/90

by Mrs Jessica Larive (LDR)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 171/76)

_Subject:_ Racism and neo-fascism

1. Can the Commission confirm that overtly neo-Nazi,
neo-fascist and racist literature and articles are on sale in a

number of European Community Member States (for

Could it also specify the sums committed by each of these
Member States?

0) OJ No L 93, 30. 3.1985, p. 1.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(12 March 1990)_

Denmark, the Federal Republic of Germany, the
Netherlands and the United Kingdom have adopted
provisions to implement in their territory Article 19 of
Council Regulation (EEC) No 797/85, as amended
by Regulation (EEC) No 1760/87 ( [!] ). These provisions
have been approved by Commission decisions. The
Commission is currently studying several other dossiers,
sent by Italy, with a view to adopting a decision.

The Commission has at its disposal the following figures
regarding expenditure pursuant to Article 19 in 1988, the
most recent year for which figures are available.

Federal Republic of Germany

Currency
unit

DM 1 000

ECU 1 000

£1000

ECU 1 000

5 010

6 854

National
expenditure

41 381

20 028

EAGGF eligible
amount

17 748

8 589

Reimbursed by
EAGGF

4 437

2 147

870

1 190

United Kingdom

3 480

4 760

No C 171/38 Official Journal of the European Communities 12. 7. 90

example Spain and the United Kingdom), either for
purely commercial purposes or in order to disseminate
such ideas?

2. To what extent does the Commission consider that

the sale of articles and literature inciting purchasers to
racism and xenophobia is linked with the emergence of
extremist right-wing organizations in various countries?

3. What stage has been reached in preparations for an
action programme against racism and xenophobia, as
called for by the European Parliament in its resolution of
14 February 1989, A 2-261/88?

Answer given by Mrs Papandreou
on behalf of the Commission

_(8_ _March 1990)_

1 and 2. The Commission has on many occassions in
statements to Parliament condemned the type of acts
and activities described by the Honourable Member.
However, it has also pointed out that the Community's
powers are limited in the fight against racism and
extremism; that is why the Member States meeting in the
Council are joint signatories in their own right of the
Declaration against Racism and Xenophobia of 11 June
1986 0).

On the question of sales of racist publications and other
objects, and their link with the proliferation of extremist
right-wing organizations, the Commission does not
have sufficient information to reply. Parliament's
newly created Committee of Inquiry into Racism and
Xenophobia should be able to shed some light on the

matter.

3. The Commission has sent the Council a proposal
for a resolution on the fight against racism and
xenophobia ( [2] ) recommending legislative or institutional
measures, in conjunction with information, education and
training. It shares the hope expressed by Parliament in its
resolution of 14 February 1989 that the Council will adopt
this proposal as soon as possible.

O OJ No C 280, 6. 11.1989.
O OJNoC214, 16.8. 1988.

WRITTEN QUESTION No 124/90

by Mr Marc Galle (S)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 171/77)

_Subject:_ Regions and the European Court of Justice

Under what conditions, pursuant to the European
Treaties can regions, territories or other autonomous
communities bring actions in the European Court of
Justice?

Answer given by Mr Delors
on behalf of the Commission

_(23 March 1990)_

The Commission would refer the Honourable Member

to its answer to Written Question No 864/89 by Mr
Vandemeulebroucke (').

(') Seepage 11 of this Official Journal.

WRITTEN QUESTION No 152/90

by Mr Ben Fayot (S)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 171/78)

_Subject:_ Support for tobacco production

The trend in expenditure on support for tobacco
production under the EEC budget has been striking.

Expenditure on tobacco has risen steadily, from ECU
803,5 million in 1987 to 966,1 million in 1988 (actual
expenditure), 975 million in 1989 and 1 055 million in
1990 (commitment appropriations).

Total expenditure under the EAGGF (Guarantee Section)
rose sharply from ECU 22 905 million to 26 436 million in
1988 and 26 471 million in 1989, reaching a peak of
26 588 million in 1990.

The total allocated has thus risen from ECU 38 391

million in 1988 to 48 066 million in 1990.

In percentage terms, total expenditure has risen from 3,5
to 3,97 % of the EEC budget.

In the light of these figures,

1. what is the total sum committed by the EEC to
the anti-smoking campaign and the prevention of
smoking?

2. Does the Commission not consider that there is a clear

contradiction between the massive subsidization of

tobacco production and the preventive measures
(information campaigns, directives such as that
adopted on 13 November 1989 by the Council of
Ministers within the framework of the 'Europe
against Cancer' programme, grants to associations,
etc.)?

3. How does the Commission intend to put an end to this
contradiction, involving as it does a waste of public
money?

Answer given by Mrs Papandreou
on behalf of the Commission

_(28 February 1990)_

In 1989 the Commission spent less than ECU 2 million on
anti-smoking measures under its 'Europe against cancer'
programme (').

12. 7. 90 Official Journal of the European Communities No C 171/39

This figure is out of all proportion to the amount spent on
Community support for the production of tobacco, which
is an integral part of the common agricultural policy.

To remedy this situation, the Commission is taking action
both on the production front through the system of prices
and premiums and by means of structural measures such
as the IMPs to encourage producers to change to less
harmful or to different crops altogether.

In this connection, the Commission would refer the
Honourable Member to its answer to Written Question
No 294/89 by Lord O'Hagan ( [2] ).

( [l] ) OJ No C 50,26. 2.1987, p. 1.
O OJ No C 90,9.4. 1990.

WRITTEN QUESTION No 159/90

by Mrs Winifried Ewing (ARC)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 171/79)

_Subject:_ Bathing water directive

Can the Commission say why the United Kingdom
Government is allowed to disregard salmonella and
enterovirus results in the classification of bathing waters?

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

_(16 March 1990)_

The Commission would refer the Honourable Member to

its answer to Written Question No 1300/89 by Mr
McMahon ( [l] ), in which the problem of salmonella and
enteroviruses was raised.

The Commission assures the Honourable Member that it

has not authorized the United Kingdom Government to
disregard the results of these parameters in assessing
compliance.

In fact, as salmonella and enteroviruses are mandatory
parameters, Member States are obliged, according to the
provisions of the bathing water Directive ( [2] ), to monitor
these in bathing waters if inspection of the bathing area
shows that they may be present or that the quality of the
water has deteriorated.

(') OJ No C 139,7.6. 1990, p. 34.
O OJNoL31,5.2. 1976, p. 1.

WRITTEN QUESTION No 162/90

Joachim Dalsass (PPE)

to the Council of the European Communities

_(8 February 1990)_

(90/C 171/80)

_Subject:_ Should the German Democratic Republic's
application for accession be considered before
that of Austria?

According to press reports, the President of the
Commission, Jacques Delors and the Vice-President,
Martin Bangemann have stated that a request by the
German Democratic Republic for accession to the
European Community would be welcomed at any time
adding that, by way of exception, the accession of the
German Democratic Republic could take place before the
completion of the internal market, which was not,
however, the case for other countries such as Austria.

Much as the process of democratization in the Eastern
Bloc countries is welcomed by all, the second part of the
above statement has provoked widespread surprise and
indignation, since it constitutes a blatant form of
discrimination in the way in which different applications
for accession are treated.

1. Does the Council also believe the German Democratic

Republic should be given priority for accession to the
Community?

2. Does it not consider that this is a blatant form of

discrimination against a genuinely democratic central
European country, such as Austria, which applied for
membership last year?

3. Does it not consider that the applications for
accession should be considered and dealt with in the

order in which they are submitted, if the applicants
fulfil the necessary conditions?

4. Given that doubts were immediately expressed from
many quarters because of Austria's neutrality, arguing
that it would make the European Comunity's
envisaged security policy harder to achieve, does the
Council now take the view that questions of security
in the European Community can be guaranteed more
effectively by the accession of the German Democratic
Republic or has it wholly or partly abandoned this
objective in the light of developments in the Eastern
Bloc countries?

Answer

_(15 May 1990)_

The case of the German Democratic Republic, which has
not yet officially applied to join the Community, cannot
be viewed in the same way as that of Austria, as recent
developments have shown. With regard to the latter

No C 171/40 Official Journal of the European Communities 12. 7. 90

country, which applied for membership on 14 July 1989,
the Council has decided to initiative the procedures
provided for in the Treaty.

WRITTEN QUESTION No 165/90

by Mrs Guadalupe Ruiz-Gimenez Aguilar and
Mr Floras Wijsenbcck (LDR)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 171/81)

_Subject:_ Spanish telephone service

Is the Commission aware of the bad quality of the
telephone service in Spain?

If so, does the Commission not consider that the service
should be improved by the end of 1992, in order to
establish proper communications including electronic
data transmission, with a major Community Member
State, as part of the single market?

Does the Commission agree that the best means of
securing such an improvement would be privatization?

Supplementary answer given by Pandolfi
on behalf of the Commission

_(16 March 1990)_

Further to its answer of 2 March 1990, the Commission is
now in a position to provide the Honourable Member
with further information. The company Telefonica
Espafia SA has recently taken action to overcome
difficulties with the telephone service in Spain. In
particular, it is planned to increase switching capacity and
install a further three million lines by the end of 1990.

As indicated in the Green Paper on the development of
the common market for telecommunications services and

equipment, the decision as to the status of the
telecommunications authorities — in particular whether
they should be public or private — is a matter for the
Member States. Article 222 of the EEC Treaty states that:
'This Treaty shall in no way prejudice the rules in the
Member States governing the system of property
ownership.'

The political consensus on the future development of
telecommunications services reached by the Council
meeting on telecommunications on 7 December last,
and the measures adopted on open network provision
(ONP), will provide a uniform stable base for the
development within the Community of high-quality
telecommunications services accessible to all.

WRITTEN QUESTION No 176/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Council of the European Communities

_(8 February 1990)_

(90/C 171/82)

_Subject:_ The sequel to the Transnuclear affair

There are reports that the former activities of
Transnuclear, in particular the transport of radioactive
nuclear waste, are being carried on by Nuclear Cargo
Service, owned 100 % by the German Federal Railways.

The German Federal Railways are said to have taken over
some of the former employees of Transnuclear and its
fleet of vehicles.

Officials of the German Federal Office for Trade and

Industry in Eschborn are complaining about irregularities
in the transport operations carried out by NCS. It
allegedly does not comply with the rules, arranges
transport without obtaining permits and undertakes the
vast majority of the dangerous and technically complex
transport operations by road.

It is reported that all over Europe nuclear waste is already
transported in an irregular manner.

Can the Commission say:

1. whether it is aware of these practices ?

2. what measures can be taken to put a stop to a situation
of this kind?

3. whether it considers that the existing measures
provide sufficient safeguards for the population of
Europe?

Answer

_(15 May 1990)_

1. The information or rumours referred to by the
Honourable Member have not been brought to the
Council's attention.

2. The Council nevertheless wishes to emphasize the
importance it attaches to the transport of radioactive
materials in the Community.

3. It therefore recently requested the Commission (at
its meeting on 27 November 1989) to pursue its activities
in this field, in cooperation with the competent authorities
and experts of the Member States, to continue to ensure
that radioactive materials are transported within the
Community in complete safety; on the same occasion, it
drew attention to the need to continue the preparatory
work on setting up a joint data bank on hazards and on
agreements and procedures to be applied in the event of
an accident.

12. 7. 90 Official Journal of the European Communities No C 171/41

4. In a general way, it is for the Commission to ensure
full compliance with the existing Community provisions
in this field which aim at safeguarding the population of
Europe.

WRITTEN QUESTION No 193/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 171/83)

_Subject:_ Agreement on importing energy from France via
Spain

The Portuguese and Spanish Governments have yet to
reach an agreement on allowing energy from France to
pass through Spain.

This causes major problems for Portugal and could force
it to bring forward the second phase of the Pego power
station at great expense. The Spanish Government
appears to have no interest in reaching an agreement.

Does the Commission intend to intervene in order to

solve this problem, and to issue a directive bringing about
an agreement between undertakings in the near future?

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

_(19 March 1990)_

An Agreement setting out arrangements for the passage of
electricity from France through Spain to Portugal was
concluded in Madrid on 18 January 1990 between the
three companies Electricite de France, Red Electrica de
Espafla SA and Electricidade de Portugal.

In general terms, the Commission believes that its
proposal for a Council Directive on the transit of
electricity through transmission grids will play a
fundamental part in facilitating and increasing
intra-Community trade in electricity.

WRITTEN QUESTION No 221/90

by Mr Yves Verwaerde and Mr Jean-Pierre
Raffarin (LDR)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 171/84)

_Subject:_ Uruguay Round agricultural negotiations

During the Uruguay Round negotiations, the Community
proposed a special and differentiated treatment for

developing countries, based on flexibility and adjustment
of commitments to take account of the specific needs of
the developing countries concerned.

Will account also be taken of the democratic or

non-democratic nature of political regimes in these
countries?

Answer given by the Commission

_(18 April 1990)_

In the conduct of the Uruguay Round of multilateral
trade negotiations the Community has always acted in
accordance with the Punta del Este Ministerial

Declaration and the texts agreed upon at the mid-term
review. In relation to the developing countries it was
agreed that:

'Developed contracting parties shall... not seek,
neither shall less developed contracting parties be
required to make, concessions that are inconsistent
with the latter's development, financial and trade
needs.'

Likewise developing countries expect that their
capacity to make contributions or negotiated
concessions 'would improve with the progressive
development of their economies ...'.

In the context of the Uruguay Round there is no explicit
reference to the polical systems of the participants and the
negotiations in the Uruguay Round are focused purely on
trade issues. This notwithstanding, the Community has
always made it clear in other fora that the achievement of
an open and improved international trading system
cannot be divorced from wider political considerations
and the respect of human rights.

WRITTEN QUESTION No 289/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(19 February 1990)_

(90/C 171/85)

_Subject:_ Competition policy in respect of Article 223 of
the EEC Treaty

Article 223 (1) (b) states that any Member State may take
such measures as it considers necessary for the protection
of the essential interests of its security which are
connected with the production of or trade in arms,
munitions and war material; such measures shall not
adversely affect the conditions of competition in the
common market regarding products which are not
intended for specifically military purposes.

No C 171/42 Official Journal of the European Communities 12. 7. 90

1. What measures have been taken over the last five years
which, in the Commission's view, have affected the
conditions of competition for products not intended
for specifically military purposes?

2. What results were obtained by the Commission's
intervention in each case?

Answer given by Mr Bangemann
on behalf of the Commission

_(20 April 1990)_

The Commission would refer the Honourable Member to

its answer to Written Question No 878/89 by Mr de
Donnea (').

(') See page 12 of this Official Journal.

WRITTEN QUESTION No 373/90

by Mr Jean-Pierre Raffarin (LDR)

to the Council of the European Communities

_(26 February 1990)_

(90/C 171/86)

_Subject:_ Protection of the ozone layer

Will the Council be able to adopt in April 1990 the
Commission proposal for a Regulation on substances
which cause depletion of the ozone layer?

Such a timetable appears to be necessary so that the
Regulation can enter into force as soon as possible, i.e. on
1 January 1991.

Answer

_(15 May 1990)_

The proposal for a regulation referred to by the
Honourable Member was forwarded to the Council very
recently.

It is therefore unlikely that the Council will be in a
position to act by April 1990 since in addition the
European Parliament and the Economic and Social
Committee also have still to deliver their opinions on the
proposal.

The Council will examine as quickly as possible this
important proposal, _inter alia_ in the framework of the
ongoing negotiations with a view to the revision of the
Montreal Protocol.

This examination should in any case be carried out in
good time for preparations to be made for the second
Conference of Contracting States in London from 20 to
29June 1990.

WRITTEN QUESTION No 394/90

by Mrs Mary Banotti (PPE)

to the Council of the European Communities

_(5 March 1990)_

(90/C 171/87)

_Subject:_ The right to vote at the 1994 European elections

Does the Council agree that all EEC citizens over 18
resident in any of the EEC countries should be able to
vote at the 1994 European elections? Which citizens of
which countries cannot do so under the current election

laws concerning European elections? What measures will
the Council encourage the Member States to take, so that
this major democratic principle may be respected in fact in
the European elections in 1994?

Answer

_(15 May 1990)_

Until the entry into force of a uniform electoral
procedure, the question of who may vote in European
Parliament elections is determined by national provisions.

WRITTEN QUESTION No 395/90

by Mrs Mary Banotti (PPE)

to the Council of the European Communities

_(5_ _March 1990)_

(90/C 171/88)

_Subject:_ Voting rights for Community nationals in local
elections in their Member State of resident

Which Member State other than Ireland already extend
the right to vote at local elections to residents, whatever
EC citizenship they have? What efforts will the Council
make to ensure the rapid passage of the draft Council
Directive on voting for Community citizens in local
elections?

Answer

_(15 May 1990)_

In addition to Ireland, Denmark and the Netherlands (')
grant voting rights to nationals of other Member States of
the European Communities residing within their
territory.

The Presidency intends to press on with work on the
proposal for a Directive submitted by the Commission but

12. 7. 90 Official Journal of the European Communities No C 171/43

cannot, at this juncture, anticipate whether it will prove
possible for it to be adopted soon.

(') The Netherlands grant voting rights in local government
elections to nationals of all other countries (not only
nationals of other Member States) who have been residing
legally within their territory for five years.

WRITTEN QUESTION No 408/90

by Mr Pierre Lataillade (RDE)

to the Commission of the European Communities

_(5_ _March 1990)_

(90/C 171/89)

_Subject:_ Criteria for awarding public contracts in the
Member States

Could the Commission carry out a comparative study of
the methods and criteria used in the various Member

States in awarding public contracts and, primarily, the
procedures used to eliminate certain offers, in particular
those regarded as abnormally low?

Answer given by Mr Bangemann
on behalf of the Commission

_(5_ _April 1990)_

The revised Directive on public works, which is expected
to bring about substantial progress towards the
opening-up of the internal market in this field and which
includes new provisions on abnormally low offers, will
enter into force on 19 July 1990. It would therefore be
premature to launch a study on award criteria and
practices at this stage. This work will be undertaken in the
light of experience with the new Directive.

WRITTEN QUESTION No 412/90

by Mr Henry Chabert and Mr Alain Marleix (RDE)

to the Council of the European Communities

_(5_ _March 1990)_

(90/C 171/90)

_Subject:_ Transport infrastructure

Given the likely expansion in road, rail and air traffic
following the establishment of the large market in 1993,
does the Commission plan to set up a European transport

infrastructure agency to coordinate, plan and assist in the
promotion of networks and projects of Community
interest, starting with the missing links highlighted by the
Round Table of European industrialists?

What would be the most suitable legal basis for this
agency's tasks and what permanent financial resources
could be allocated to it?

Answer

_(H May 1990)_

On 23 June 1988 the Commission sent the Council a

proposal for a Regulation for an action programme in the
field of transport infrastructure with a view to the
completion of an integrated market in 1992 ('). This
proposal, which is currently under examination by the
Council bodies, makes no provision, however, for a
European transport infrastructure agency to be set up.

Since it has received no specific proposal from the
Commission, the Council considers that it is not for it to
express an opinion on the Honourable Member's
question.

(') OJNoC270,19.10.1988, p. 6.

WRITTEN QUESTION No 440/90

byMrWilliRothley(S)

to the Council of the European Communities

_(5 March 1990)_

(90/C 171/91)

_Subject:_ Progress by the Council in deliberations on the
proposal for a Directive on mortgages

What progress is being made by the Council in its
deliberations on the proposal for a Directive on the
freedom of establishment and the free supply of services
in the field of mortgage credit (COM(84) 730 final),
which was submitted to the Council by the Commission
on 4 February 1985?

Answer

_(15 May 1990)_

On 4 February 1985 the Council received a proposal for a
Directive on the freedom of establishment and the free

supply of services in the field of mortgage credit ('), on
which the European Parliament delivered a favourable
opinion on 19 February 1987. The Commission later
amended its proposal _(_ _[2]_ _)._

No C 171/44 Official Journal of the European Communities 12. 7. 90

Since the Commission had in the interim submitted its
proposal for a second Directive on the coordination of
laws, regulations and administrative provisions relating to
the taking-up and pursuit of the business of credit
institutions and amending Directive 77/7 80/EEC ( [J] ),
work on the mortgage credit Directive was suspended
pending the outcome of work on the new Directive which,
although not covering every area, would at least cover a
substantial part of the mortgage credit Directive.

The question arose to what extent the financial techniques
(in particular those peculiar to mortgage credit financing)
should be harmonized to enable them to be mutually
recognized and actually used outside the financial centres
in which they originated.

Once the general content of the second banking Directive
had been finalized, a re-assessment was made of what
remained to be done to promote mortgage credit in the
Community, on the basis of a new text which eliminated
duplication. Since the remaining disparity was minimal, it
was suggested that the Commission await the results of
the second baking Directive and its practical effects for
mortgage credit and if necessary refer new proposals to
the Council.

( [l] )OJNoC42,14.2. 1985, p. 4.
O OJ No C 161,19. 6. 1987, p. 4.
( [J] )OJNoC84,31.3. 1988, p. 1.

WRITTEN QUESTION No 445/90

by Mr Francois Musso (RDE)

to the Commission of the European Communities

_(2 March 1990)_

(90/C 171/92)

_Subject:_ Integrated Mediterranean programmes for
Corsica

Can the Commission give the exact total sum earmarked
for the implementation of the second stage of the
integrated Mediterranean programme for Corsica, plus
details of the sums allocated per budgetary item and
planned activity?

Answer given by Mr Millan
on behalf of the Commission

_(2 March 1990)_

The total amount earmarked for the second stage of the
integrated Mediterranean programme for Corsica is
ECU 99,3 million.

This amount is allocated to the following five
subprogrammes:

_(million ecus)_

Changes in agriculture

Fisheries

SMEs and craft industries

Tourism, environment and access routes

Implementation

44,7

3,8

24,2

26,2

0,4

Detailed tables on implementation of the second phase of
the IMP for Corsica will be sent direct to the Honourable

Member and to the Secretariat-General of Parliament.

WRITTEN QUESTION No 446/90

by Mr Francois Musso (RDE)

to the Commission of the European Communities

_(2 March_ _1990)_

(90/C 171/93)

_Subject:_ Integrated Mediterranean programmes for
Corsica

Can the Commission specify the total amount initially
earmarked for implementation of the entire IMP for
Corsica and, in that programme, the amount of unused
appropriations which have been allocated to Community
action planned for Corsica as an Objective 1 region?

Answer given by Mr Millan
on behalf of the Commission

_(2_ _March 1990)_

The Community support framework set up under the
reform the Structural Funds includes all assistance from
the Structural Funds to the region concerned.
Accordingly, the amounts of Community assistance
shown in tables include commitments already entered into
under, for example, integrated development operations
or integrated Mediterranean programmes. More
specifically, the Community support framework for
Corsica approved by the Commission on 31 October 1989
provides for Community assistance totalling ECU 145,4
million; including ECU 45,5 million for carrying out the
second stage of the IMP for Corsica.,The amount of
ECU 45,5 million corresponds to the Community
appropriations which may be committed between 1989
and 1992 and so may be regarded as not yet having been
used.

12. 7. 90 Official Journal of the European Communities No C 171/45

WRITTEN QUESTION No 483/90

by Mr Jean-Pierre Raffarin (LDR)

to the Council of the European Communities

_(7_ _March 1990)_

(90/C 171/94)

_Subject:_ Aid for the countries of Eastern Europe

What is the Council's reaction to comments made by the
President of the Commission about 'annual aid of ECU
14 billion' for the countries of Eastern Europe?

Answer

_(15 May_ _1990)_

It is not customary for the Council to comment on
speeches by the President of the Commission to the
European Parliament.

WRITTEN QUESTION No 485/90

by Mr Juan de la Camara Martinez (S)

to the Council of the European Communities

_(7_ _March 1990)_

(90/C 171/95)

_Subject:_ Prevention of fires

How is it that the Council has not used up the whole of
Article 387 in the 1989 budget for the prevention of fires,
given that disasters involving fires are on the increase in
the southern countries of the Community?

Answer

_(15 May_ _1990)_

In November 1986 the Council adopted Regulation
(EEC) No 3529/86 on protection of the Community's
forests against fire, which introduced a Community
scheme to provide increased protection for forests in the
Community by means of a series of preventive measures.

In May 1989 the Council decided to supplement those
measures by other appropriate measures to ensure more
effective protection of forests against fire; at the same
time, the Council took up the Commission proposal and
increased the Community's financial contribution from
ECU 20 million to ECU 31,5 million (Regulation (EEC)
No 1614/89 of 29 May 1989).

This scheme is implemented by means of programmes or
projects which Member States submit to the Commission;
the Commission then takes decisions on

the granting of Community financial assistance after
consulting the Standing Forestry Committee. According
to the Council's information, the various measures are
being implemented normally; it may be noted in particular
that by 31 December 1989 the appropriations entered in
Article 387 of the 1989 budget had been fully committed
by the Commission, which has sole responsibility for
implementing the Community budget.

WRITTEN QUESTION No 487/90

by Juan de la Camara Martinez (S)

to the Council of the European Communities

_(7_ _March 1990)_

(90/C 171/96)

_Subject:_ Seat of the European Environment Agency

On the basis of what criteria does the Council consider
that the seat of the future European Environment Agency
should be chosen?

Answer

_(15 May_ _1990)_

1. In the reply which it gave on 14 February 1990 to
Oral Question No H-23/90 by Mr Pierros, the Council
expressed the opinion that the choice of the seat should be
based solely on objective criteria. This is why, for the
purpose of continuing the appraisal of the many
applications, the Commission has been invited to specify
the technical characteristics of the tasks which the
European Environment Agency will be required to fulfil.

2. The criteria and the dossiers on the various
applicants are being examined by the relevant Council
bodies. The Council hopes to be able to take an early
decision on this matter.

WRITTEN QUESTION No 489/90

by Mr Juan de la Camara Martinez (S)

to the Council of the European Communities

_(7_ _March 1990)_

(90/C 171/97)

_Subject:_ 'Europe against Cancer' programme

How will the Council keep Parliament and in particular
the Committee on the Environment, Public Health and
Consumer Protection informed of the implementation
and results of the 1990 to 1994 action plan within the
framework of the 'Europe against Cancer' programme?

No C 171/46 Official Journal of the European Communities 12. 7. 90

Answer

_(1_ _June 1990)_

Under the proposed resolution on the action plan
mentioned by the Honourable Member, which has
already been examined by the Parliament, responsibility
for implementing the 1990 to 1994 action plan would lie
with the Commission, which would give the information
required.

WRITTEN QUESTION No 491/90

by Mr Juan de la Cimara Martinez (S)

to the Council of the European Communities

_(7 March 1990)_

(90/C 171/98)

_Subject:_ Civil defence

When and how does the Council plan to draw up, budget
for and carry out a programme to coordinate the activities
of the Member States in the field of civil defence, in
particular as regards the prevention of fires and floods?

Answer

_(15 May 1990)_

1. The Council attaches particular importance to the
subject raised by the Honourable Member.

It would remind him in this connection of the resolution

approved at the Council meeting on 19 September
1989 (') in which the Council asked the Commission, in
conjunction with the Member States, to start looking into
the prevention of natural hazards in the Community,
particularly those associated with fires and floods. The
Honourable Member is asked to refer to the reply to his
Written Question No 485/90 as regards the prevention of
fires.

2. It must be remembered that the Council acts on

proposals from the Commission. It has not yet received a
coordination programme such as that advocated by the
Honourable Member.

O OJ No C 273,26. 10. 1989.

WRITTEN QUESTION No 493/90

by Mr Juan de la Camara Martinez (S)

to the Council of the European Communities

_(7 March 1990)_

(90/C 171/99)

_Subject:_ Fight against desertification

When does the Council plan to draw up a strategy and a
specific programme, to be covered by the budget, to

combat erosion and desertification in the Community, in
particular in countries such as Spain which have serious
problems as regards damage to their environment?

Answer

_(15 May 1990)_

1. The Council is aware of the need to fight
desertification referred to by the Honourable Member
and on 21 June 1989 (') approved a resolution on the
greenhouse effect in which it stated that afforestation and
measures to improve vegetation cover within the
Community should be intensified and that the
Community should play its full part in international
efforts to arrest the process of desertification.

2. As for drawing up a specific programme to combat
desertification, it should be noted that the Council has
not received any concrete proposals from the Commission
on this subject.

(*) OJNoC 183,20.7. 1989.

WRITTEN QUESTION No 551/90

by Mr Jean-Pierre Raffarin (LDR)

to the Council of the European Communities

_(16 March 1990)_

(90/C 171/100)

_Subject:_ UN Convention on Children's Rights

How does the Council intend to respond to the call by the
Council of Europe for the rapid implementation of the
UN Convention on Children's Rights adopted in
November 1989?

Answer

_(15 May 1990)_

It is for the Commission to take any initiatives it may
deem to be appropriate.

WRITTEN QUESTION No 574/90

by Mr Alex Smith (S)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 171/101)

_Subject:_ Equal opportunities for female dockers (blue
collar workers) in Community ports

In connection with equal opportunities for women, can
the Commission say what percentage of women

12. 7. 90 Official Journal of the European Communities No C 171/47

are employed as dockers in each of the Member State
ports?

Answer given by Mrs Papandreou
on behalf of the Commission

_(18 May 1990)_

The Commission does not have the information

requested by the Honourable Member.

WRITTEN QUESTION No 591/90

by Mr Gerard Deprez (PPE)

to the Council of the European Communities

_(16 March 1990)_

(90/C 171/102)

_Subject:_ Operation of the counterpart funds in Poland

Can the Council provide information on:

1. the arrangements for the operation of the counterpart
funds in Poland?

2. the selection criteria and the nature of the rural

development projects to be financed?

Answer

_(1_ _June 1990)_

The arrangements for implementing emergency food aid
to Poland — including the counterpart fund constituted
by the sale of such products, which the Commission helps
to administer — is the responsibility of the Commission in
the context of its implementing powers. It is therefore up
to the Commission to supply any relevant information on
this subject.

WRITTEN QUESTION No 637/90

by Mr Francois-Xavier de Donnea (LDR)

to the Council of the European Communities

_(20 March 1990)_

(90/C 171/103)

_Subject:_ Community support for the Colombian
Government's 'special cooperation programme'

How does the Council intend to assist the Colombian
Government's special cooperation programme to combat
drug trafficking?

In particular:

1. Does the Council think that there have been new

developments in the fight against drug trafficking in
Colombia since the adoption of the 1990 budget?

2. Does it consequently envisage exceeding the current
budgetary limits, in order to support the special
programme?

3. Is the Council considering trade measures to facilitate
access to the Community market for certain products (particularly coffee) from the Andean Pact
countries?

Answer

_(1_ _June 1990)_

1. In general terms, the Honourable Member is
requested to refer to the conclusions of the Strasbourg
European Council, when the Coordinators' Group on
Drugs recently set up on the initiative of the President of
the French Republic was called upon to take all necessary
steps to ensure the vital coordination of Member States'
actions in the main areas of the fight against this scourge,
namely prevention, health and social policy with regard to
drug addicts, the suppression of drug trafficking, and
international action. In this context, the European
Council warmly welcomed the courageous action taken
by certain countries, notably Colombia, and wanted
everything possible to be done to contribute to the success
of their efforts.

2. At its meeting on 5 February 1990 the European
Council took note of a statement by the Commission on a
special cooperation programme with Colombia in the
context of the Andean Pact. At that meeting the Council
was anxious to voice the Community's and its Member
States' solidarity with and support for the Andean
countries, and particularly Colombia, in the courageous
fight they are engaged in against drug trafficking. The
Council agreed to give priority treatment to the proposals
the Commission would be submitting to it on this matter
and instructed the Permanent Representatives Committee
to examine them en receipt.

3. The visit to the Community of the President of the
Republic of Colombia on 6 April 1990 provided an
opportunity to exchange views on the subject of the aid
which the Community and its Member States hav granted
or plan to grant to Colombia.

No C 171/48 Official Journal of the European Communities 12. 7. 90

WRITTEN QUESTION No 655/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(23 March 1990)_

(90/C 171/104)

_Subject:_ Non-ratification by Belgium of instruments of
the ILO

At its 75th session (Geneva, June 1988), the International
Labour Conference adopted Convention No 167
concerning health and safety in the construction industry
and recommendation No 175 on the same subject.

Despite the opinion of the National Labour Council of
Belgium of 19 December 1989 stating that Belgium was in
a position to ratify these instruments, the Minister of
Employment and Labour opposes ratification on the
grounds that the European Community is preparing a
directive on the same subject. This argument has already
delayed or prevented ratification by Belgium of ILO
instruments throughout the 1980s.

Is Belgium's decision an isolated one or is it the result of a
concerted position among the Member States?

Are not such moves harmful to the interests of workers

from the Member States and even more to those of

workers from non-member countries, since they directly
inhibit the effectiveness of ILO instruments?

Does not the Council fear that this attitude may obstruct
the Commission's role in carrying out the Council's
instructions to coordinate the adoption by the Member
States, at the International Labour Conference in June
1990, of instruments aimed at protecting workers from
chemical substances?

Answer

_(1_ _June 1990)_

It is not for the Council to express an opinion on
questions concerning the ratification of ILO
Conventions.

WRITTEN QUESTION No 656/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(23 March 1990)_

(90/C 171/105)

_Subject:_ Signing and ratification of the European Social
Charter

What stage has been reached by the Twelve in signing and
ratifying the Council of Europe's European Social

Charter and Appendix, drawn up in Turin on 18 October
1961? What opposition and reservations have been
expressed by the Community Member States regarding
individual provisions?

Answer

_(15 May 1990)_

It is not for the Council to express any opinion on the
progress of signing and ratification of the Council of
Europe's European Social Charter.

WRITTEN QUESTION No 697/90

by Mr Terence Wynn (S)

to the Council of the European Communities

_(23 March 1990)_

(90/C 171/106)

_Subject:_ Procurement Directives and the British coal
industry

Following the meeting of the Council on 22 February
1990 and the decision taken, can the Council clarify
whether the rules relating to tendering in the energy
sector for the British State-owned coal-mining industry
are the same as for other Member States' coal-mining
industries?

Answer

_(1_ _June 1990)_

The Community rules relating to tendering already in
force are not applicable to the energy sector.

The Council has recently adopted a common position
with a view to the adoption of a Council Directive on the
procurement procedures of entities operating in the
water, energy, transport and telecommunications sectors.
The rules on tendering to be applied to the British
State-owned coal-mining industry, if the Directive is
adopted on the basis of the common position, are the
same as those applied in all other Member States.
However, the common position provides that the
exploitation of geographical areas for the purpose of
exploring for, or extracting oil, gas, coal or other solid
fuels may be subject to an alternative arrangement where
certain conditions are fulfilled. It is up to each Member
State to ascertain whether its industry in any one of the
subsectors mentioned fulfils those conditions.

12. 7. 90 Official Journal of the European Communities No C 171/49

WRITTEN QUESTION No 698/90

by Mr Herman Verbcek (V)

to the Council of the European Communities

_(23 March 1990)_

(90/C 171/107)

_Subject:_ Use of Malumba eggs to prevent the cultivation
of coca

1. Is the Council aware of American research into the

possibility of scattering millions of Malumba eggs over
the Huallaga Valley to prevent the cultivation of coca (see

_Volkskmnt of_ 21 February 1990)?

2. Is the Council aware that concern has been

expressed that the scattering of these eggs could have
serious consequences for the ecological balance and hence
for the environment in the Huallaga Valley and far
beyond?

3. Is the Council aware of the results of the

deliberations in Cartagena (Colombia) between the
President of the United States and the Heads of

Government of the coca-producing countries, at which
President Bush acknowledged that the main cause of the
problem was American demand for drugs?

4. Does the Council agree that the use of biological
methods to combat coca cultivation should be rejected for
ecological reasons?

5. Is the Council prepared to urge the American
Government to put an end to this research?

Answer

_(15 May 1990)_

It is not for the Council to comment on press articles
which, in any case, are only dealing with hypotheses.

WRITTEN QUESTION No 719/90

by Mrs Anna Catasta and Mr Andrea Raggio (GUE)

to the Commission of the European Communities

_(2 7 March 1990)_

(90/C 171/108)

_Subject:_ Withholding from migrant workers of the right
to vote and to stand in elections to professional
chambers in Luxembourg

Following a complaint by the ASTI and CLIA immigrants'
associations the Commission appears to take the view that
Luxembourgish legislation concerning the professional
chambers does not conform to Community provisions

in so far as it does not allow non-Luxembourgers to
participate yet obliges them to contribute.

What steps has the Commission initiated?

Will the Commission follow up the matter further?

Is it prepared to extend the deadline by which the
Luxembourg Government must comply with Community
provisions?

Answer given by Mrs Papandreou
on behalf of the Commission

_(8 May 1990)_

The Honourable Member is referred to the Commission's

answers to Written Question Nos 2938/87 by Mrs
Marinaro and 45/88 by Mr Puerta Gutierrez (') and the
supplementary answer to the latter ( [2] ).

(') OJNoC36,13.2. 1989.
O OJNoC39,19.2. 1990.

WRITTEN QUESTION No 747/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(29 March 1990)_

(90/C 171/109)

_Subject:_ The dangers of CFC-113 emissions by the
electronics industry

Mr Sherwood Rowland, who in 1973 discovered that
chlorofluorocarbons (CFCs) destroy the protective ozone
layer surrounding our planet, and who has received many
accolades in recognition of this discovery (including,
recently, the Japan prize for environmental science and
technology), has, from his laboratory in the University of
California, been making every effort since May 1989 to
stress the specific dangers associated with CFC-113
within the CFC group. Diagrams indicate a clear increase
in CFC-113 emissions over 'Silicon Valley' in California,
Amsterdam, and other locations. He stresses that it is
inconsistent and misleading to combat the emission of
CFCs from aerosols while most of the electronics industry
— with exceptions, owing to the stringency of Canadian
legislation, for example — continues to use and to pump
out CFC-113 (IBM alone produces 44 million pounds per
day worldwide!).

The scientist explains that the current widespread use of
CFC-113 for cleaning electronic components has emerged
since CFC-11 and CFC-12 were banned as propellants in

No C 171/50 Official Journal of the European Communities 12. 7. 90

aerosols, despite consistent evidence to show that the
three types of molecule have approximately the same
capacity to break down stratospheric ozone (').

Hearing in progress in the United States Congress and
other sources of information have revealed the absurdity
of authorizing the use of CFC-113 by the electronics
industry for a further 10 years, as the latter seems to
be asking. It has also transpired that while methyl
chloroform (TCA), a so-called alternative product,
adversely affects ozone to a lesser extent, its effects are
nonetheless considerable by comparison with those of
CFC-113, and it contributes to the greenhouse effect;
trichloroethylene (TCE), another 'alternative', is
carcinogenic. However, the terpenes — particularly
Bioact EC-7, which has been produced from wood pulp
and lemon peel since the 1930s — would seem to be
feasible substitutes, whose disadvantages (smell and cost)
could be overcome.

I should like to know the views of the Council on the

above information, the extent of the threat represented by
CFC-113 within the Community, and the specific
measures which need to be taken in this connection in the

context of the revision of the Montreal Protocol and

earlier Community decisions.

(') Mother Jones Magazine, December 1989 issue, 1663 Mission
Street, San Francisco CA 94103.

Answer

_(1_ _June 1990)_

1. The Council is fully aware of the importance and
the urgency of the strengthening of the measures for
protecting the ozone layer.

2. At its meeting on 2 and 3 March 1989 the
Environment Council expressed its concern at the
continuing deterioration of the ozone layer and
concluded that there was a need to strengthen the
Montreal Protocol on Substances that Deplete the Ozone
Layer, including CFCs. At the same time it noted the
Member States' undertaking to take all relevant measures
to ensure that CFCs were replaced by products not
harmful to the ozone layer.

3. On the basis of this position, the Community is
playing an active part in preparations for the conference
on the revision of the Montreal Protocol. In this

connection, several meetings of the Working Party have
already taken place.

4. The Commission has recently sent the Council a
new proposal for a Regulation on the subject which the
Council intends to examine as soon as possible,
particularly with a view to the negotiations for the
revision of the Montreal Protocol.

WRITTEN QUESTION No 759/90

by Mr Ernest Glinne (S)

to the Council of die European Communities

_(29 March 1990)_

(90/C 171/110)

_Subject:_ The danger of using plutonium as a 'fuel' for
stratospheric rockets

After the launching on 19 October 1989 of the rocket
Galileo, which contained 49,25 pounds of plutonium to
provide the heat and electrical supply needed for the
rocket's instruments, Mr George Hochbrueckner, a
member of the House of Representatives, and Michio
Kaku, a professor of nuclear physics at New York City
University, expressed regrets that NASA had concealed
certain data and chosen not to use an alternative form of

energy, such as could be supplied by solar rays picked up
by mirrors attached to the rocket like 'wings'; such a
system would produce energy through a series of
photovoltaic cells. Documents made public thanks to the
United States' Freedom of Information Act and studies by
the Jet Propulsion Laboratory of the California Institute
of Technology have shown that solar energy could have
been used for Galileo and could be used for the latest

programmes: Ulysses, in 1990; Craft (Comet rendezvous
asteroid flyby) in 1995; and Cassini in 1996.

Political and scientific circles in the United States

therefore have serious worries about plutonium-powered
generators, for the following reasons:

1. the risk at launching;

2. subsequent risks;

3. the fact that the plutonium-powered generator (RTG)
was subsidized by the Department of Energy, thus
lowering its cost, to the detriment of its rival, solar

energy;

4. the use of the RTG in a 'star wars' programme; for
technical reasons, it would be far more difficult to use
solar energy for this purpose.

I should like to know the Council's views on the problems
posed — both in principle and in practice — by the
nuclearization of space, which will adversely affect Planet
Earth and all its continents. Does it agree that reciprocal
multilateral checks should be carried out before the

programme and its successors over the period 1990 to
1996 are pursued further?

Answer

_(1_ _June 1990)_

The Council is unable to answer the Honourable
Member's question.

12. 7. 90 Official Journal of the European Communities No C 171/51

WRITTEN QUESTION No 847/90

by Mr Luigi Moretti (ARC)

to the Council of the European Communities

_(4 April_ _1990)_

(90/C 171/111)

_Subject:_ Immigration from outside the Community

On 31 December 1989, the Italian Government adopted
Decree Law No 416 on regularization in order that all
those from outside the Community who had entered Italy
illegally could regularize their situation.

On 28 February 1990 the decree was converted into a law
extending until 30 June 1990 the deadline for requesting
permission to remain in Italy. It is common knowledge
that many of those from outside the Community are taken
in by unscrupulous individuals and criminal organizations
which, for payment of a large sum, promise and provide
work, accommodation and help of every kind as well as
illegal entry.

In view of Commission Decision 85/381/EEC of 8 July
1985 O and the statement by the Twelve at the Paris
Conference on 15 December 1998, I would like to know
whether the Council has been informed of the measures
and all the regulations adopted recently by the Italian
Government, involving liberal and reassuring standpoints
that contrast markedly with the political decisions and
statements approved by the Community.

What steps and other action does the Council intend to
take faced with measures which render more difficult the
hoped-for elimination of all barriers by 1993?

O OJNoL217,14.8.1985, p. 25.

Answer

_(1 June 1990)_

At its meeting on 2 April, further to a request from the
Italian Government, the Council examined the problems
facing the Member States in connection with
immigration.

On that occasion the Council agreed on the need to
examinte related topics in some detail in order to improve
information, consultation and cooperation in that
area. The Council therefore called on the competent
authorities to intensify the work currently under way in
this sphere and to submit a progress report on the work as
soon as possible.

Furthermore, the Council noted with satisfaction the
Commission's initiative to enlist the services of a group of
qualified experts, on the basis of whose contribution the
Commission will submit a report on Member States'

immigration policies in September. That report, and an
inventory to be drawn up by the _ad hoc_ Group on
Immigration, will enable initial discussions at Council
level to be held.

The Council also noted with satisfaction the progress
made towards concluding an agreement determining the
State responsible for examining requests for asylum. The
Council hopes that an agreement will be signed by the
Member States before the end of June and that progress
will be made on the draft 'external frontiers' Convention
to comply with the requirement of the European Council
that it be concluded before the end of this year. The
Council also recalls the request of the Strasbourg
European Council that an inventory be made of the
asylum policies of the Member States with a view to
achieving harmonization. The Council hopes that it will
be possible to draw up such an inventory early in 1991.

On the other hand, it is not for the Council to comment
on particular steps taken by the Government of a Member
State to deal with the problems of illegal immigration.

WRITTEN QUESTION No 848/90

by Mr Yves Verwaerde (LDR)

to the Council of the European Communities

_(4 April_ _1990)_

(90/C 171/112)

_Subject:_ Code of conduct with regard to information on
appropriations granted by the Community for
infrastructure projects

As a result of the significant increase in the Structural
Funds, the Community's financial contribution to
infrastructure projects and facilities in the Member States
has increased.

However, very often the Community contribution is not
explicitly mentioned in the information provided on the
various sources of finance. Could the Council not adopt a
code of conduct, which could be respected by every
Member State, regarding information on the financial
contributions received from the Community?

Answer

_(1 June_ _1990)_

The terms for information and publicity concerning
financial contributions to the Structural Funds are set out
in general in Article 32 of Regulation (EEC) No 4253/88
of 19 December 1988 (') laying down provisions for
implementing Regulation (EEC) No 2052/88 ( [2] )
(coordination).

No C 171/52 Official Journal of the European Communities 12. 7. 90

It is the Commission's responsibility to implement these
provisions. It is, moreover, laid down in Article 12 of
Regulation (EEC) No 4254/88 of 19 December 1988 ( [3] )
that as regards interventions from the ERDF, the
Commission shall adopt provisions in that regard.

O OJ No L 374,31.12.1988, p. 1.
O OJNoL185,15.7.1988, p. 9.
O OJNoL374,31.12.1988, p. 15.

WRITTEN QUESTION No 880/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(9 April 1990)_

(90/C 171/113)

_Subject:_ Accession of the Community to the European
Convention on Human Rights

In its answer of 14 February 1989 to my Written Question
No 1793/88 O, the Council indicated that, since April
1986, it had been unable to achieve the requisite
consensus for a decision of principle and that 'there would
be no point under the circumstances in undertaking the
protracted and complex legal work required before a final
decision by the Member States'. The Council has not
given this question further consideration since then.

The obstacles generally referred to are:

1. Article 66 of the Convention which, as it now stands,
precludes European Community accession to the
Convention, making it necessary to renegotiate the
procedures;

2. the role of the Court of Justice in Luxembourg would
be weakened and made more complicated and slower
by the intervention of the institutions set up under the
European Convention (Committee of Ministers and
Court);

3. the scope of the European Convention is wider than
the fundamental rights which the Community
institutions are required to respect in exercising their
powers under the Treaties: for example, Article 3 on
torture and Article 5 on the deprivation of liberty of
the Convention exceed the powers and responsibilities
of the Community which, at present, has no policing

powers.

Is the Council prepared to reconsider its attitude and
recourse to Article 235, given need to promote a People's
Europe within the framework of the Twelve and in view
of the upheavals which have taken place and are
continuing to take place in Central and Eastern Europe,
which regards the Community as a stronghold
symbolizing fundamental freedoms and bearing in mind
the fact that, in point 410 of its Programme for 1990, the
Commission states that it will take action during the year

with a view to the Community becoming a party to the
Strasbourg Convention on Human Rights, thereby
guaranteeing enhanced protection for citizens' rights in
respect of Community acts, in keeping with the principle
of subsidiarity?

(') OJ No C _77,_ 28. 3.1989, p. 43.

Answer

_(1_ _June 1990)_

1. The position of the Council with respect to the
accession of the Communities to the European
Convention for the Protection of Human Rights is at
present the same as that expressed in its reply to Written
Question No 1793/88.

2. The Council would recall that human rights are
already protected in the Community legal system. The
Court of Justice ensures that, in the exercise of the powers
attributed to the institutions or conferred on the national

authorities for the purpose of attaining the objectives of
the Community, human rights are respected, and it
consisting cites the Convention in its judgments. Indeed,
as recently as 17 October 1989, the Court confirmed that:
'according to a consistent line of case-law, fundamental
rights form an integral part of the general principles of
law of which the Court ensures the observance, in
conformity with constitutional traditions common to the
Member States as well as international instruments on

which the Member States have collaborated or

adhered to. The European Convention for the Protection
of Human Rights and Fundamental Freedoms of
4 November 1950 is in this respect of particular
significance' (').

3. In addition, the European Court of Justice has
developed general principles of law inspired by the
constitutional traditions of the Member States (i.e.
proportionality, legal certainty and legitimate
expectations and equality) in accordance with which it
interprets Community law and ensures the legality of acts
of the institutions.

(') Cases 97 to 99/87: Dow Chemical Iberica SA and others:
Judgment of 17 October 1989.

WRITTEN QUESTION No 890/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(9 April 1990)_

(90/C 171/114)

_Subject:_ Dangerous 'tattoo' targeted on children

'A type of "tattoo" for children is being distributed in the
USA under the brand name of "Blue Star", and could
easily spread throughout Europe.

12. 7. 90 Official Journal of the European Communities No C 171/53

It comes as a sheet of white paper covered in little stars
about the size of a piece of chewing gum.

Each star is impregnated with LSD (a derivative of
lysergic acid and a powerful hallucinant drug), and can be
removed and placed in the mouth. It can also be absorbed
through the pores of the skin by rubbing the paper to
transfer the "tattoo". The "tattoos" come as pictures of
Mickey Mouse, Superman or butterflies, and look like

postage stamps.

These LSD stamps are in brilliant colours, and are
packaged in a red cardboard container with a picture of
Mickey Mouse and wrapped in a resealable plastic bag. A
pack contains five sheets, 100 stamps in all. This is the
latest method of peddling drugs.

A child in possession of these stamps could fall victim to a
fatal trip. It is also suspected that some older children are
giving tattoos away to younger ones to derive amusement
from seeing how they react to the acid.

It is essential for all parents to be alert to the danger of
their children coming into contact with these stamps.

Pass this message on to all the people you know with
children.'

The above warning has been issued by a Liege based
association at 24 rue des Croisiers (staff of the SMAP).

I should like to know the Council's reactions to this

message, having regard to the activities of the Trevi
Working Party, the responsibilities of the Member States,
the need to coordinate their activities, and the role
incumbent upon the Commission.

If this is a false alarm or a sick joke what arrangements
have since been made to alert the public?

Answer

_(25 May 1990)_

Steps to be taken to combat the sale of drugs in the form
described in the Honourable Member's Question are
being considered by the appropriate authorities of the
Member States.

The fight against drug trafficking in general cannot,
however, be conducted on a sufficiently large and
effective scale unless the Member States coordinate their

action.

At its Strasbourg meeting the European Council invited
the Coordinators' Group on Drugs to take all necessary
steps to secure the indispensable coordination of action by
Member States in the main areas of the fight against
drugs.

The Group is actively pursuing its work.

COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

SELECTED INSTRUMENTS

Relating to the Organization, Jurisdiction and Procedure of the Court, 1990 Edition

CONTENTS

I. European Economic Community — EEC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

II. European Atomic Energy Community (Euratom)
— EAEC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

III. European Coal and Steel Community — ECSC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

IV. Instruments relating to all three Communities

A. Convention on certain common Institutions

B. Treaty establishing a Single Council and a
Single Commission

C. Single European Act

D. Decision establishing a Court of First Instance

E. Protocol on Privileges and Immunities

F. Financial Controller

G. Staff Regulations

V. Rules of the Court

A. Rules of Procedure

B. Supplementary rules

C. Instructions to the Registrar

VI. Tables

Abbreviations

Synopsis of articles of the Treaties and the
Statutes of the Court

Index

271 pp.
Published in: ES, DA, DE, GR, EN, FR, IT, NL, PT.
Catalogue number: DX-57-89-152-EN-C ISBN: 92-829-0197-1
Price (excluding VAT) in Luxembourg: ECU 12

OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES

L-2985 Luxembourg

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