Source: EURLEX
Language: en
Format: md

# Official Journal

## of the European Communities

### English edition Information and Notices

ISSN 0378-6986

## C303

Volume 33

3 December 1990

Notice No

90/C303/01

90/C303/02

90/C303/03

90/C303/04

90/C303/05

90/C303/06

90/C303/07

90/C303/08

90/C303/09

Contents p age

I _Information_

European Parliament

_Written Questions with answer_

No 295/89 by Lord O'Hagan to the Commission
Subject: EEC legislation on water 1

No 407/89 by Mr George Patterson to the Commission
Subject: Commission action on gypsies 1

No 500/89 by Mrs Cristiana Muscardini and Mr Giuseppe Rauti to the Commission
Subject: Conditions of confinement and hospitalization for the elderly in the Community . . . . 2

No 514/89 by Mr Domenec Romera i Alcazar to the Commission

Subject: Old people's homes 3

Joint answer to Written Questions Nos 500 and 514/89 3

No 561/89 by Mr Jaak Vandemeulebroucke to the Commission

Subject: The rights of the disabled and completion of the internal market 3

No 566/89 by Mr Giinter Topmann to the Commission
Subject: Discrimination on grounds of nationality within firms in the European Community . . 4

No 611/89 by Mr Gijs de Vries to the Commission
Subject: Action taken on the European Parliament's resolution on the film industry 4

No 622/89 by Mrs Jessica Larive to the Commission
Subject: Trade in human organs 5

No 641/89 by Mr Carlos Robles Piquer to the Commission

Subject: The urgent need to harmonize vocational training systems in order to put an end to the
imbalances between the north and the south of the Community 5

(Continued overleaf)

Notice No Contents (continued) Page

90/C 303/10 No 657/89 by Mr Llewellyn Smith to the Commission

Subject: Gambling machines — effect on children 6

90/C 303/11 No 658/89 by Mr Llewellyn Smith to the Commission

Subject: Laws protecting children from addiction to gaming machines 6

90/C 303/12 No 659/89 by Mr Llewellyn Smith to the Commission

Subject: Restrictions on children using gambling machines 6

90/C 303/13 No 660/89 by Mr Llewellyn Smith to the Commission

Subject: Studies on the effects of gaming machines 6

90/C 303/14 No 695/89 by Mr Richard Simmonds to the Commission

Subject: Gambling age 6

Joint answer to Written Questions Nos 657 to 660/89 and 695/89 6

90/C 303/15 No 681/89 by Mr Jens-Peter Bonde to the Commission

Subject: Percentage of trade union membership 6

90/C 303/16 No 682/89 by Mr Jens-Peter Bonde to the Commission

Subject: ILO Convention 7

90/C 303/17 No 710/89 by Mr Ernest Glinne to the Commission

Subject: Food hygiene bill under debate in Britain 7

90/C 303/18 No 995/89 by Mr Alex Smith to the Commission

Subject: Energy policy within the Community 8

90/C 303/19 No 1039/89 by Mr Christopher Jackson to the Commission

Subject: Release of liability under customs guarantee 9

90/C 303/20 No 1042/89 by Mr James Ford to the Commission

Subject: Unsolicited Goods and Services Act 1971 10

90/C 303/21 No 1126/89 by Mr H. McCubbin to the Commission

Subject: Portugal: tax discrimination 10

90/C 303/22 No 1127/89 by Mr H. McCubbin to the Commission

Subject: Trade and fishing products 10

90/C 303/23 No 1152/89 by Mr James Ford to the Commission

Subject: Consumer representation on food additive harmonization 11

90/C 303/24 No 1154/89 by Mr James Ford to the Commission

Subject: Meetings of the Advisory Committee on Foodstuffs 11

Joint answer to Written Questions Nos 1152 and 1154/89 11

90/C 303/25 No 1171/89 by Mr Carlos Robles Piquer to the Commission

Subject: Report on the internal energy market 11

90/C 303/26 No 1282/89 by Mr Jean-Pierre Raffarin to the Commission

Subject: Treatment of foodstuffs with ionizing radiation 12

90/C 303/27 No 2/90 by Mr Terence Wynn to the Commission

Subject: Community coal policy 12

90/C 303/28 No 12/90 by Mr Ernest Glinne to the Commission

Subject: Growth of international trade in kidneys 13

Notice N o Contents (continued) Page

9 0 / C 303/29 N o 72/90 by M r Llewellyn Smith to the Commission

Subject: Volumes and movements of toxic wastes 13

9 0 / C 303/30 N o 188/90 by MrJaakVandemeulebroucke to the Commission

Subject: Inclusion of the language of frontier workers from one Member State in multilingual
social security forms issued by the Member State in which they work(ed) 14

9 0 / C 303/31 . N o 200/90 by M r James Ford to the Commission

Subject: The Advisory Committee on Foodstuffs 15

9 0 / C 303/32 N o 205/90 by M r John Bird to the Commission

Subject: Local taxation of foreign language assistants ' 15

90/C 303/33 N o 213/90 by Mrs Sylvia Mayer to the Commission

Subject: Implications of the Seveso Directive for local authorities 15

90/C 303/34 N o 233/90 by M r Stephen Hughes to the Commission

Subject: Directive of 15 July 1980 relating to the quality of drinking water and Directive of
8 December 1975 concerning the quality of bathing water 16

90/C 303/35 N o 241/90 by M r Vincenzo Mattina to the Commission

Subject: Reconversion of industry from military to civil applications 17

90/C 303/36 N o 358/90 by Mrs R a y m o n d e D u r y to the Commission

Subject: Effect of political and military detente on the armaments industries of the Twelve . . . . 17

90/C 303/37 N o 1041/90 by M r Joaquin Siso Cruellas to the Commission

Subject: Restructuring the Community arms industry .- 17

Joint answer to Written Questions Nos 241, 358 and 1041/90 17

9 0 / C 303/38 N o 328/90 by M r Stephen Hughes to the Commission

Subject: Employment consequences of price structures in the coal sector 18

9 0 / C 303/39 N o 376/90 by M r Stephen Hughes to the Commission

Subject: Helios and Eucrea programmes 18

9 0 / C 303/40 N o 377/90 by M r Stephen Hughes to the Commission

Subject: Eucrea 19

9 0 / C 303/41 N o 378/90 by M r Stephen Hughes to the Commission

Subject: Eucrea 19

Joint answer to Written Questions Nos 377 and 378/90 19

9 0 / C 303/42 N o 453/90 by M r Kenneth Collins to the Commission

Subject: GATT: tariff and non-tariff barriers facing spirituous beverages 20

9 0 / C 303/43 N o 456/90 by M r Jose Alvarez de Paz to the Commission

Subject: Progress in implementing the provisions of the White Paper 20

9 0 / C 303/44 N o 458/90 by M r Jose Alvarez de Paz to the Commission

Subject: The work programme for 1990 and the Force programme 21

9 0 / C 303/45 N o 518/90 by M r Virginio Bettini to the Commission

Subject: Atmospheric pollution caused by the power station in Fiamona (Plomin) 21

(Continued overleaf)

Notice No

90/C 303/46

90/C 303/47

90/C 303/48

90/C 303/49

90/C303/50

90/C303/51

90/C 303/52

90/C 303/53

90/C 303/54

90/C 303/55

90/C303/56

90/C 303/57

90/C 303/58

90/C 303/59

90/C 303/60

90/C303/61

90/C 303/62

90/C 303/63

Contents (continued) Page

No 538/90 by Mr David Martin to the Commission
Subject: Osteoporosis - 22

No 626/90 by Mr Juan BandrSs Molet to the Commission
Subject: Problems caused by the greenhouse effect ... _'._ 22

No 632/90 by Mr Alexander Falconer to the Commission
Subject: Youth Forum Newsletter _'._ 23

No 674/90 by Mr Manfred Vohrer to the Commission

Subject: Promotional work by the Community's information services to prepare industry for the
internal market 23

No 690/90 by Mrs Mary Banotti to the Commission
Subject: The badger and bovine TB 24

No 720/90 by Mr Juan Bandrfcs Molet to the Commission
Subject: Protection of the Pyrenees 24

No 731/90 by Mrs Mechthild von Alemann and Mr Manfred Vohrer to the
Commission

Subject: Capturing of songbirds in the Belgian Eifel near the German border 25

No 735/90 by Mr Carlos Carvalhas and Mr Jos6 Barros Moura to the Commission
Subject: Statute of the European Company 25

No 741 /90 by Mrs Guadalupe Ruiz-Gim6nez Aguilar to the Commission
Subject: Drugs .- 25

No 754/90 by Mr Hemmo Muntingh to the Commission
Subject: Community activities for the protection of the monk seal 27

No 790/90 by Mr Jan Bertens and Mr FlorusWijsenbeek to the Commission

Subject: Recycling of tin 27

No 839/90 by Mr Gerhard Schmid to the Commission [v ]

Subject: Validity of identity cards for the severely disabled 28

No 8 41 /90 by Mr Heinz Kfihler to the Commission
Subject: Application of EC competition rules to the German Democratic Republic 28

No 842/90 by Mr Carlos Robles Piquer to the Commission
Subject: European research and industrial competitivity in the microelectronics sector 29

No 8 71 /90 by Mr Ernest Glinne to the Commission
Subject: Irregularities in respect of waiting lists for kidney transplants 30

No 883/90 by Mr Patrick Lalor to the Commission
Subject: Follow-up to European Cancer Year 30

No 884/90 by Mr Patrick Lalor to the Commission
Subject: Trade barriers in the bread market 31

No 1051/90 by Mrs Cristiana Muscardini, Mr Antonio Mazzone and Mr Giuseppe
Rauti to the Commission

Subject: Bread making 31

Joint answer to Written Questions Nos 884 and 1051/90 31

Notice No Contents (continued) Page

90/C 303/64 No 909/90 by Mr AlonsoPuerta to the Commission
Subject: The firm Nitrastur 31

90/C 303/65 No 915/90 by Mr Christian Rovsing to the Commission
Subject: Strike actions in Italy 32

90/C 303/66 No 926/90 by Mr Carlos Pimenta to the Commission
Subject: EC implementation of the Berne Convention ; 32

90/C 303/67 No 979/90 by Mrs Marlene Lenz to the Commission
Subject: EC measures to promote au pair schemes 33

90/C 303/68 No 990/90 by Mr Carlos Carvalhas to the Commission
Subject: Relations between the EEC and Cuba 33

90/C 303/69 No 1008/90 by Mrs Guadalupe Ruiz-Gimenez Aguilar to the Commission

Subject: EEC relations with Cuba 33

Joint answer to Written Questions Nos 990 and 1008/90 33

90/C 303/70 No 1001 /90 by Mr Guiseppe Mottola and Mr Guilio Gallenzi to the Commission

Subject: Referendum in Italy on the abolition of hunting 34

90/C 303/71 No 1005/90 by Mr William Newton Dunn to the Commission
Subject: Life insurance Commission payments 34

90/C 303/72 No 1018/90 by Mr Rafael Calvo Ortega to the Commission
Subject: The principle of additionality in the Structural Funds 35

90/C 303/73 No 1045/90 by Mr Alonso Puerta to the Commission
Subject: Community legislation and the building of the Ossa Montiel-Lagunas de Ruidera
Natural Park road 35

90/C 303/74 No 1046/90 by Mr Alonso Puerta to the Commission

Subject: Construction of the Oviedo ring-road 35

Joint answer to Written Questions Nos 1045 and 1046/90 36

90/C 303/75 No 1050/90 by Mrs Cristiana Muscardini, Mr Antonio Mazzone, Mr Giuseppe Rauti

and Mr Gianfranco Fini to the Commission

Subject: Review of Directive 80/778/EEC 36
90/C 303/76 No 1060/90 by Mrs Ursula Schleicher to the Commission
Subject: Proposal for a Council Directive on the advertising of tobacco products in the press and
by means of bills and posters 36

90/C 303/77 No 1072/90 by Sir James Scott-Hopkins to the Commission

Subject: Extradition of criminals 37

90/C 303/78 No 1236/90 by Sir James Scott-Hopkins to the Commission
Subject: Harmonization of extradition procedures 38

Joint answer to Written Questions Nos 1072 and 1236/90 38

(Continued overleaf)

Notice No

90/C 303/79

90/C303/80

90/C303/81

90/C303/82

90/C303/83

90/C303/84

90/C303/85

90/C303/86

90/C 303/87

90/C303/88

90/C303/89

90/C 303/90

90/C 303/91

90/C 303/92

90/C 303/93

90/C 303/94

90/C 303/95

Contents (continued) Page

No 1096/90 by Mr Filippos Pierros to the Commission
Subject: Implications of Council Regulation (EEC) No 355/77 for Greece : 38

No 1099/90 by Mrs Raymonde Dury to the Commission
Subject: Right of workers to information on environmental aspects of the undertaking
employing them 39

No 1103/90 by Mr Michael Welsh to the Commission
Subject: Cross-media shareholdings 39

No 1118/90 by Mr Jos6 Barros Moura to the Commission
Subject: Report on social developments in 1988 40

No 1135/90 by Mr Francois-Xavier de Donnea and Mr Willy De Clercq to the

Commission

Subject: Taxation on savings 40

No 1143/90 by Mr Henry McCubbin to the Commission
Subject: Fitting of seat belts in minibuses and coaches 40

No 1144/90 by Mr Henry McCubbin to the Commission
Subject: Fitting of seat belts in mini-buses and coaches 41

No 1271/90 by Lord Inglewood to the Commission
Subject: Children's seat belts 41

Joint answer to Written Questions Nos 1143,1144 and 1271/90 41

No 1148/90 by Mr Peter Beazley to the Commission
Subject: Bogus invoices for unsolicited business 41

No 1153/90 by Mr Pierre Lataillade to the Commission
Subject: Application of the Council Directive relating to the transparency of measures regulating
the pricing of medicinal products for human use and their inclusion in the scope of national
health insurance systems 42

No 1165/90 by Mr Martinez to the Commission
Subject: Taxation on capital 42

No 1173/90 by Mr Jose Barros Moura to the Commission
Subject: Protection and modernization of the textile sector 43

No 1174/90 by Mr Frederic Rosmini to the Commission
Subject: Community international joint investment programme 43

No 1218/90 by Mr Miguel Arias Cafiete to the Commission
Subject: Multiannual guidance programmes for aquaculture (1987 to 1991) 44

No 1229/90 by Mr Miguel Arias Canete to the Commission
Subject: Multiannual guidance programme for aquaculture (1987 to 1991) for the Netherlands 45

No 1244/90 by Mr Winfried Menrad to the Commission
Subject: Employees' share in equity capital 46

No 1250/90 by Mr Jose Valverde Lopez to the Commission
Subject: The need to ensure that vaccines are kept at a low temperature throughout the
distribution chain - 47

(Continued on page 68)

Notice N o Contents (continued)

90/C 303/96

90/C303/97

90/C303/98

90/C 303/99

9 0 / C 3 0 3 / 1 0 0

9 0 / C 3 0 3 / 1 0 1

9 0 / C 3 0 3 / 1 0 2

9 0 / C 3 0 3 / 1 0 3

9 0 / C 3 0 3 / 1 0 4

9 0 / C 3 0 3 / 1 0 5

9 0 / C 3 0 3 / 1 0 6

90/C303/107

9 0 / C 3 0 3 / 1 0 8

90/C303/109

9 0 / C 3 0 3 / 1 1 0

9 0 / C 3 0 3 / 1 1 1

N o 1253/90 by M r Enrico Falqui, M r Gianfranco Amendola, M r Paul Lannoye,
Mr'Gerard Monnier-Besombes, M r Virginio Bettini and Mr Didier Anger to the

Commission

Subject: European Community contribution to a centre for the development of pesticides in
Algeria

N o 1258/90 by M r j a a k Vandemeulebroucke to the Commission

Subject: Coordination between the Community and Member States concerning development aid

and cooperation

N o 1269/90 by M r Max Simeoni to the Commission

Subject: Appropriations from the European Social Fund to finance professional training in

Corsica

N o 1272/90 by Mrs Christine Crawley to the Commission

Subject: Discrimination against female students

N o 1310/90 by Mrs Maria Cassanmagnago Cerretti to the Commission

Subject: European civil defence force

N o 1321/90 by M r Richard Simmonds to the Commission

Subject: Quality of bathing water

N o 1519/90 by M r M a d r o n Seligman to the Commission

Subject: EC Directive on bathing waters

Joint answer to Written Questions Nos 1321 and 1519/90

N o 1326/90 by M r Eugenio Melandri to the Commission

Subject: Ethiopian Government delegation visit to Brussels

N o 1330/90 by M r M a d r o n Seligman to the Commission

Subject: Piracy in the music business

N o 1334/90 by M r Ernest Glinne to the Council

Subject: 1992 large market and the quality of the services responsible'in the Member States for
medical and technical inspections and for monitoring compliance with welfare laws

N o 1360/90 by M r Llewellyn Smith to the Commission

Subject: Euratom safeguards report — significant omissions

N o 1377/90 by Mrs Dorothee Piermont to the Council

Subject: Recent Commission reports on specific problems affecting the Canary Islands, the

Azores and Madeira

N o 1400/90 by Miss Christine O d d y to the Commission

Subject: Comparison of Rhine River pollution and Severn River pollution

N o 1429/90 by Mrs Maria Santos to the Commission

Subject: The process of democratization in South Africa

N o 1444/90 by M r Llewellyn Smith to the Commission

Subject: Renewable energy sources

N o 1472/90 by M r Karel Pinxten to the Commission

Subject: French import quota for Japanese cars. Refusal of French authorities to register
Japanese cars imported from Belgium into France

```
   No

90/C303/112

90/C303/113

90/C303/114

90/C303/115

90/C303/116

90/C303/117

90/C303/118

90/C303/119

```

9 0 / C 3 0 3 / 1 2 0

9 0 / C 3 0 3 / 1 2 1

90/C303/122

9 0 / C 3 0 3 / 1 2 3

9 0 / C 3 0 3 / 1 2 4

9 0 / C 3 0 3 / 1 2 5

9 0 / C 3 0 3 / 1 2 6

9 0 / C 3 0 3 / 1 2 7

9 0 / C 3 0 3 / 1 2 8

9 0 / C 3 0 3 / 1 2 9

9 0 / C 3 0 3 / 1 3 0

9 0 / C 3 0 3 / 1 3 1

Contents (continued) Page

N o 1493/90 by M r Terence Wynn to the Commission

Subject: Copper tube 56

N o 1504/90 by M r Eugenio Melandri to the Commission

Subject: Aid project in Ethiopia 56

N o 1549/90 by M r Antoni Gutierrez Diaz to the Council

Subject: Accreditation to the European Communities of Francisco Paesa Sanchez 57

N o 1590/90 by M r Gerard Deprez to the Commission

Subject: EEC/EFTA relations 58

N o 1637/90 by Mrs Dorothee Piermont to the Council

Subject: Exclusion of New Zealand foodstuffs from the EC market in 1986 58

N o 1679/90 by M r Gianfranco Amendola to the Council

Subject: Buildings policy of the Council 59

N o 1690/90 by M r Antoni Gutierrez Diaz to the Council

Subject: Trade agreement between the EEC and Andorra 59

N o 1758/90 by M r Giacomo Porrazzini and M r Roberto Speciale to the Council

Subject: Illegal traffic in arms with Iraq 60

N o 1780/90 by M r Paul Staes to the Council

Subject: Violation of the Ramsar Convention 61

N o 1844/90 by M r Jean-Pierre Raffarin to the Council

Subject: Protection of tropical forests 61

N o 1851/90 by M r Gijs de Vries to the Commission

Subject: US discrimination against international investment 62

N o 1861/90 by Mrs Ursula Braun-Moser to the Commission

Subject: Discrimination against construction building companies in the awarding of building
contracts in the Netherlands 62

N o 1872/90 by M r Francois-Xavier de Donnea to the Council

Subject: Euro-Arab dialogue 63

N o 18 84/90 by M r Ernst Glinne to the Council

Subject: Environment policy in East Germany and Central and Eastern Europe 63

N o 1941/90 by M r Herman Verbeek to the Council

Subject: Interpol and data protection 65

N o 2021/90 by M r Ernest Glinne to the Council

Subject: Member States' development cooperation budgets 65

N o 2033/90 by M r David Martin to the Council

Subject: Views of Council's officials 65

N o 2058/90 by M r Ernest Glinne to the Council

Subject: Aid to Namibia 66

N o 2060/90 by M r Ernest Glinne to the Council

Subject: South African homelands and ecological concerns 66

N o 2072/90 by M r Jesus Cabezon Alonso and M r Jose Alvarez de Paz to the Council

Subject: European legal area and checks on foreigners 67

3. 12. 90 Official Journal of the European Communities No C 303/1

##### I

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 295/89

byLordO'Hagan(ED)

to the Commission of the European Communities

_(1 September 1989)_

(90/C 303/01)

_Subject:_ EEC legislation on water

There is now a widespread debate about the effectiveness
of European Community environmental controls.

1. Is the Commission satisfied that Community
legislation on water is being fairly enforced in each
Member State?

2. How many prosecutions for failure to comply with
this legislation have been initiated in the European
Court of Justice for each Member State?

3. What prosecutions does the Commission now
propose?

4. How does the Commission satisfy itself that British
legislation is being fully complied with in each case?

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

_(14 September 1989)_

1. The Commission is not satisfied that all Community
legislation on water is being fully implemented in all
Member States. Indeed, it is aware of a significant number
of infringement situations throughout the Community,
involving failures to transpose Community water
directives, failures to transpose them properly and failures
to apply their provisions in practice.

2. It is estimated that as of June 1989 there were 60

separate sets of legal proceedings open against Member
States in respect of various infringements of water

directives. Some proceedings were at the initial stage
(formal letter pursuant to Article 169 of the EEC Treaty),
some at the stage of reasoned opinion, and some set down
for adjudication by the Court of Justice.

3. The Commission regularly opens infringement
proceedings against Member States in respect of various
water directives, and it proposes to prosecute wherever it
ascertains that breaches of Community law have
occurred. The answer to the previous question gives the
estimated number of proceedings current in June 1989.

4. Proper implementation of water directives requires
Member States to communicate to the Commission

national legislation giving effect to the directives
concerned and the Commission's services examine the

texts submitted for deficiencies. This applies to British
legislation no less than the legislation of other Member
States.

WRITTEN QUESTION No 407/89

by Mr George Patterson (ED)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 303/02)

_Subject:_ Commission action on gypsies

Could the Commission outline what action was taken

during the period June 1984 to June 1989 on Parliament's
resolution of 2 May 1984 ( [x] ) concerning the situation of
gypsies in the Community? In particular, what steps did
the Commission take to consult gypsies' representatives
and to draw up programmes aimed at improving the
situation of gypsies, as called for in paragraph 6 of the
resolution?

O OJ No C 172,2.7.1984, p. 153.

No C 303/2 Official Journal of the European Communities 3. 12. 90

Answer given by Ms Papandreou
on behalf of the Commission

_(23 November 1989)_

The Ministers for Education, meeting within the Council,
adopted on 22 May 1989 a resolution on school provision
for gypsy and traveller children ( [x] ).

In framing the resolution, they took account of the results
and recommendations of studies carried out for the

Commission on schooling for gypsy and traveller children
in all 12 Member States. In that connection, the
Commission has consulted the gypsies' representatives on
numerous occasions.

The Commission has also provided joint financing for
several symposia and meetings intended mainly to
improve the quality of education for gypsies.

In their resolution the Ministers adopted various
measures in support of schooling for gypsy and traveller
children, aimed at:

— promoting innovatory initiatives,

— proposing and supporting positive and appropriate

measures,

— ensuring that achievements are interrelated,

— widely disseminating the lessons learned,

— promoting exchanges, of experience.

The Commission will ensure that these measures are

consistent with other Community action, such as that
under the European Social Fund; and with the activities of
international organizations, notably those of the Council
of Europe.

As regards intervention under the European Social Fund,
training aid has been and still is provided for gypsies in
the context of financial assistance for young people and
the long-term unemployed, irrespective of ethnic group or
nationality.

Under the second European programme on action to
combat poverty (1985 to 1989) ( [2] ), five projects have been
financed jointly, the aim being to improve the living
conditions of underprivileged persons, including gypsies.

Turning to the free movement of gypsies in the
Community, the Commission would make the following

comments:

If gypsies are nationals of a Member State, they may be
regarded as providers or recipients of services (tourists)

who have, by virtue of Council Directive 73/148/EEC ( [J] ),
the right to enter the territory of any Member State simply
on production of a valid identity card or national
passport. Their right of residence is of equal duration
with the period during which the service is provided:
where such a period is no more than three months they
are covered by the identity card or passport; if it exceeds
three months, the Member State in the territory of which
the services are performed issues a right of abode.

If they are not nationals of a Member State they fall under
the national law of the Member States on terms of entry
and residence for foreigners; they are required to obtain
an entry visa if appropriate. Policy on visas is being
discussed by the intergovernmental ad hoc working party
on immigration set up by the Ministers of Justice and the
interior at their October 1986 meeting in London with a
view to completing the internal market also in this area.

O OJNoCl53,21.6.1989,p. 3.
O OJNoL2,3.1.1985, p. 24.
O OJ No L 172,28.6.1973, p. 14.

WRITTEN QUESTION No 500/89

by Mrs Cristiana Muscardini and Mr Giuseppe Rauti (NI)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 303/03)

_Subject:_ Conditions of confinement and hospitalization
for the elderly in the Community

In view of the inhuman conditions in which so many tens
of thousands of elderly people are hospitalized in
rest-homes or institutions, which often have
arrangements with national health services but are quite
inadequate in terms of care, rehabilitation and treatment,
with unregistered staff and health authorities which often
use drugs beyond the expiry date; and given that
throughout the Community there is an increase in the
elderly population, with a rise in the average age, and that
at the same time industrial society offers elderly people
less and less possibility of a contented life or fruitful
occupation, does the Commission not consider it
advisable to hold an in-depth inquiry in the Member
States to ascertain the actual living conditions of elderly
people confined in homes, hospitals and institutions and
to take steps at Community level in order to give their
lives greater ease and dignity, perhaps by devising
alternatives to hospitalization?

3. 12. 90 Official Journal of the European Communities No C 303/3

WRITTEN QUESTION No 514/89

by Mr Domenec Romera i Alcazar (PPE)

to the Commission of the European Communities

_(13 October 1989)_

(90/C 303/04)

_Subject:_ Old people's homes

As a result of the gradual ageing of the population of
Europe, attention is often drawn to the uncontrolled
increase in residential centres for the elderly, a
considerable proportion of which, in addition to being of
dubious legality, fail to provide even the minimum of .
health and humanitarian care.

Can the Commission say whether it will adopt measures
for the effective regulation of this sector?

Joint answer to Written Questions Nos 500 and 514/89

given by Ms Papandreou
on behalf of the Commission

_(12 December 1989)_

The Commission is well aware of the demographic trends
in Europe with regard to its ageing population, together
with the social and economic consequences thereof, as
already demonstrated in its communications on 'Problems
of Social Security — Areas of Common Interest' ('), and
'Family Policies'( [2] ).

It is therefore preparing a communication covering a large
number of issues, including actions on behalf of elderly
people.

O COM(86) 410 final.
O COM(89) 363 final.

WRITTEN QUESTION No 561/89

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(24 October 1989)_

(90/C 303/05)

_Subject:_ The rights of the disabled and completion of the
internal market

In September 1989, a law was adopted in the US which
entitles disabled persons to employment, to transport
facilities and to make use of public institutions. The law
bans job-related discrimination in businesses with more
than 15 employees. All department stores, restaurants,
shops and other service providers will be required, as far
as possible, to make their facilities accessible to disabled
persons. New buses, too, must be accessible to the

disabled; a seven-year transitional period has been laid
down for this. Telephone companies will have to provide
hearing- or speech-impaired persons with specially
adapted sets at no extra cost. In addition, the law totally
bans discrimination against AIDS sufferers.

Would the Commission say what measures it is
contemplating in order to:

1. guarantee the rights of the disabled, having regard to
the social dimension of the internal market; and

2. establish equality of competition in the various
branches of industry (transport, telecommunications,
services sector, etc.) with regard to product adaptation
and employment?

Answer given by Ms Papandreou
on behalf of the Commission

_(12 December 1989)_

The Commission is aware of the 'Americans with

Disabilities Act' of 1989, which was adopted by the Senate
in September 1989 and has now been put before the
House of Representatives.

On the eve of the European single market in 1992, the
Commission has taken account of the needs for economic

and social integration of disabled persons in its draft
Community charter of fundamental social rights (').
Article 29 of the draft charter states that any disabled
person, whatever the origin or nature of his or her
disability must be able to take advantage of additional
concrete measures aimed at promoting his or her
occupational and social integration- These improvements
must, in particular, concern, depending on the capacities
of the persons concerned, vocational training,
ergonomics, accessibility, mobility, transport and
housing.

Improvement of the working conditions of disabled
persons continues to be one of the Commission's
priorities and this problem will be dealt with in its work
programme in the social field.

As regards employment, the Council adopted, on 24 July
1986, a recommendation on the employment of disabled
persons in the Community (86/379/EEC) ( [2] ) in which it
calls on the Member States to take all appropriate
measures to ensure the equitable treatment of disabled
persons as regards employment and vocational training
(Article 1).

The Commission likewise took a number of initiatives in

the field of information on technical aids. Before 1

January 1990 the Council, acting on a proposal from the
Commission, should take a decision on the terms for
continuing the Handynet system. Handynet is a
computerized network of databases concerned with
technical aids for disabled persons. When it becomes
operational in the first half of 1990, this will make the

No C 303/4 Official Journal of the European Communities 3. 12. 90

European market in technical aids more transparent and
will bring about a rationalization and standardization of
production, as well as increased competition from which
disabled persons in particular will benefit.

0) COM(89) 471 final.
O OJNoL225,12.8.1986.

WRITTEN QUESTION No 566/89

by Mr Gtinter Topmann (S)

to the Commission of the European Communities

_(24 October 1989)_

(90/C 303/06)

_Subject:_ Discrimination on grounds of nationality within
firms in the European Community

A personnel manual used by the management of
Scandinavian Airlines System (SAS) in the Federal
Republic of Germany lays down that, in its offices outside
Scandinavia, certain posts should normally be held by
Scandinavians (*).

1. Does the Commission take the view that the ban on

discriminatory treatment pursuant to Article 7 of the
EEC Treaty also extends to the activities of
businesses, including transnational enterprises, within
the Community?

2. What is the Commission's view of the selection

guideline referred to? Is the Commission prepared to
prompt SAS to modify its practices in this regard?

( [l] ) The passage in question reads: 'In the organization abroad,
the policy is that certain posts are normally held by
Scandinavians. This applies to all AA posts and AD posts in
on-line districts encompassing a whole country.'

Answer given by Ms Papandreou
on behalf of the Commission

_(13 December 1989)_

Although the general prohibition of discrimination on
grounds of nationality as contained in Article 7 (1) of the
EEC Treaty applies without distinction to all natural
persons and body corporates which fall within the scope
of the Treaty, this provision cannot be invoked in cases
where a different treatment of third country nationals,
which is admissible according to national law, is in
question.

The Commission deplores the selection procedure of SAS
as reported by the Honourable Member. However, there
are no legal means at the Commission's disposal which
could be applied to private business in cases of alleged
discrimination regarding access to employment. It is
therefore for the individual concerned to assert any rights
to which he lays claim before the competent national

courts.

WRITTEN QUESTION No 611/89

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(27October 1989)_

(90/C 303/07)

_Subject:_ Action taken on the European Parliament's
resolution on the film industry

In its resolution on the European film industry (OJ No
C69, 20. 3. 1989, p. 138) the European Parliament
requested the Commission to submit a communication on
film finance to the European Parliament and the Council,
containing:

— a report on the extent to which the European
Investment Bank might contribute to a healthy
development of the audiovisual industry,

— proposals designed to ensure that existing funds —
both public and private — do not overlap but
supplement each other,

— a comparative analysis of existing national financial
and fiscal support schemes.

When will the European Parliament and* the Council
receive this communication?

Answer given by Mr Dondelinger
on behalf of the Commission

_(13 December 1989)_

At the beginning of 1990, the Commission intends to put
before the Council and the European Parliament a
communication on audiovisual policy setting out
guidelines for a Community policy in this field. It will take
into account the conclusions of the European Council
held at Strasbourg, the endeavours of the European
Audiovisual Conference held in Paris at the beginning of
October, the opportunities provided by
Eureka-Audiovisual and the experience acquired in
implementing the pilot phase of the Media programme.

As regards an analysis of the financing resources of the
audiovisual industry, especially as regards national aids
and taxation, to which the Honourable Member refers in
his question, the reports drawn up by the experts taking
part in the Audiovisual Conference referred to above are
reference instruments likely to help the European
institutions to make an improved assessment of the
European audiovisual market. They will not fail to take
account of them in drawing up the guidelines which the
Commission proposes to establish in the course of 1990. *

3. 12. 90 Official Journal of the European Communities No C 303/5

WRITTEN QUESTION No 622/89

by Mrs Jessica Larive (LDR)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 303/08)

_Subject:_ Trade in human organs

Is the Commission aware of the disquieting reports in the
Netherlands press on the international trade in human
organs for transplants (')?

Will the Commission introduce European legislation to
combat the trade in organs for transplants and
particularly to prevent completion of the internal market
opening up further opportunities for this trade;

O For example in _De Telegraaf_ "of 23 September 1989.

Answer given by Ms Papandreou
on behalf of the Commission

_(23 November 1989)_

The Commission does not have adequate detailed and
corroborated information to assess the problem at
Community level of international traffic in organs, in
particular within the European Community.

The Commission is examining the possibilities of a ban on
the sale of organs, which is already the case in certain
Member States.

WRITTEN QUESTION No 641/89

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 303/09)

_Subject:_ The urgent need to harmonize vocational
training systems in order to put an end to the
imbalances between the north and the south of

the Community

On the occasion of the colloquy TEurope des
competences' held by the Commission in Paris on 14 and
15 September this year, it was emphasized once again that
the danger of a two-speed Europe and the disparities
between the north and the south cannot be finally
eliminated unless urgent steps are taken to harmonize
vocational training systems.

Can the Commission say what progress has been made or
is planned in this important area? Can it also say what are
the major obstacles impeding progress?

Answer given by Ms Papandreou
on behalf of the Commission

_(23 November 1989)_

Under Article 128 of the EEC Treaty, the common
vocational training policy must be capable of contributing
to the harmonious development both of national
economies and the common market. The Single Act
further strengthened the role assigned to vocational
training. That social and economic cohesion which is
essential to the implementation without friction of the
internal market requires a stepping up of endeavours by
the Member States and the Community to develop
education and training, especially in the less favoured
regions and for disadvantaged categories of persons.

At Community level, the Structural Funds in their n«w
form are intended to make a contribution to those very
aims.

Furthermore, the Community has set up European
programmes in the fields of education and training which,
by promoting the European dimension of the projects
they assist, are encouraging improved mutual
acquaintanceship and interpenetration of training
systems. That is the added value which such programmes
as Erasmus, Comett, Lingua and Petra contribute to
national endeavours, while complying with the principle
of subsidiarity.

ESF assistance and these .specific programmes help to
promote an approximation of standards of training within
the Community. Within the framework of the ESF and of
these programmes, transnational programmes, exchanges
and common training programmes are becoming
increasingly numerous. They disseminate the practice of
partnership, promote the planning and implementation of
common training products, stimulate an increasingly
European form of training and, in this way, promote the
mobility of skills within the Community.

As it pointed out in its communication to the Council on
education and training in the Community — guidelines
for the medium term: 1989 to 1992 — the Commission

intends to continue, deepen and develop these
programmes which, as a supplement to ESF operations,
contribute to the approximation of training systems and
standards and thus promote the Community's economic
and social cohesion.

With this in mind, the Commission takes the view that
major advances must likewise be made in the field of
continuing vocational training. To that end, the
Commission has put before the Council the Force
programme: continuing training in Europe (*). However,
progress in this field can be genuinely achieved only
through a frank and thorough social dialogue between
the two sides of industry, which the Commission is
endeavouring to encourage. The aim is to enable every
worker in every part of the Community to acquire the

No C 303/6 Official Journal of the European Communities 3. 12. 90

right to engage in continuing vocational training and thus
contribute to the competitiveness of firms and to his own
personal development, as well as to the reduction of
regional imbalances and the approximation of standards
of training.

(') COM(89)567 final.

WRITTEN QUESTION No 657/89

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 303/10)

_Subject:_ Gambling machines — effect on children

Is the Commissioner aware of the growing concern over,
children becoming addicted to using gaming machines in
the United Kingdom and does he know if this problem
also exists in other Member States of the EEC?

WRITTEN QUESTION No 658/89

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 303/11)

_Subject:_ Laws protecting children from addiction to
gaming machines

In view of the United Kingdom's national Housing and
Town Planning Council Report 'The use of amusement
arcades and gambling machines' which highlighted the
risks to children under 18 of becoming addicted to
gaming machines, will the Commission consider
restricting the access of those under 18 years to gaming
machines (in the same way as to horse racing, football
pools and other forms of gambling) ?

WRITTEN QUESTION No 659/89

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 303/12)

_Subject:_ Restrictions on children using gambling
machines

Can the Commission report on what restrictions exist in
Member States to prevent unaccompanied children .using
gaming machines, i.e. are under-18s allowed into
establishments without adult supervision to play gaming
machines in any member country of the EEC?

WRITTEN QUESTION No 660/89

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 303/13)

_Subject:_ Studies on the effects of gaming machines

Does the Commission know of any studies or surveys
carried out in the EEC to ascertain the effects on the

habits of children with access to gaming machines in
arcades, cafes, video shops, fish and chip shops etc., with
or without adult supervision, and the means by which they
financed the habit?

WRITTEN QUESTION No 695/89

by Mr Richard Simmonds (ED)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 303/14)

_Subject:_ Gambling age

Is the Commission planning to seek to encourage
Member States to investigate the detrimental effects on
young people of gambling and the use of gambling
machines, and seek to encourage the Member States to
impose an age limit on the use of such gambling
machines?

Joint answer to Written Questions Nos 657 to 660/89 and

695/89

given by Ms Papandreou
on behalf of the Commission

_(13 December 1989)_

The Commission has no information about the use of

gambling machines by children, with regard to the
possible adverse effects of such machines and restrictions
currently in force in the individual Member States.

Nevertheless, the Commission does not intend to take
initiatives in this field at this stage.

WRITTEN QUESTION No 681/89

by Mr Jens-Peter Bonde (ARC)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 303/1.5)

_Subject:_ Percentage of trade union membership

What is the percentage of trade union membership as a
whole and in the various sectors of industry in each
Member State?

3. 12. 90 Official Journal of the European Communities No C 303/7

Answer given by Ms Papandreou
on behalf of the Commission

_(13 December 1989)_

The Commission is unable to provide the information
requested by the Honourable Member. Statistics on
workers' membership of trade unions collected on a
regular basis are not available in all the Member States.

The only information currently available to the
Commission identifies the total number of trade unionists

in each Member Union Institute and it has been included

in the Commission's working paper 'Comparative Study
on Rules Governing Working Conditions in the Member
States: A synopsis' of 30 June 1989. Even these figures are
not strictly comparable, given the variations in the dates
of reference and the variety of sources and methods of
compilation which in turn depend on the very different
regulations concerning the status of the trade union in
each Member State.

Given that the available information on trade union

membership even at global level is somewhat limited, it
would not be possible for the Commission to provide
details at a sectoral level.

The Commission is sending directly to the Honourable
Member and to the Secretariat General of the European
Parliament a table containing the national trade union
organization in the European Community.

WRITTEN QUESTION No 682/89

by Mr Jens-Peter Bonde (ARC)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 303/16)

_Subject:_ ILO Convention

ILO Convention No 94 stipulates that central and public
authorities are required to ensure compliance with
national pay and working conditions.

According to a Danish TUC pamphlet, seven of the 12
Member States of the Community have not yet ratified
the ILO Convention.

Can the Commission provide any information as to the
seven remaining Member States' plans for possible
ratification?

Answer given by Ms Papandreou
on behalf of the Commission

_(15 December 1990)_

The General Conference of the International Labour

Organization adopted, on 29 June 1949, the Convention

concerning labour clauses in public contracts. The
Convention came into force on 20 September 1952 and
has so far been ratified by Belgium, Denmark, France,
Italy, Netherlands and Spain.

              The United Kingdom, which had ratified the Convention,
denounced it on 20 September 1982.

The Convention guarantees to all workers concerned,
through the introduction of a social clause in public
contracts, the wages and working conditions applicable to
similar workers in the territory, industry or sector in
which they will be employed.

The Commission is not aware of the intentions of the

Governments of the Federal Republic of Germany,
Portugal, Luxembourg, Greece, Ireland and the United
Kingdom to ratify the Convention.

WRITTEN QUESTION No 710/89

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(14 November 1989)_

(90/C 303/17)

_Subject:_ Food hygiene bill under debate in Britain

.Dieticians, medical experts and a team from the _Observer_
newspaper (10 September 1989) have tabled a 10-point
programme for improvements to the food hygiene bill
that will come before the Commons in November.

I should like to have answers to the following questions:

1. Is it not necessary to have a food safety administration
on the model of the United States Food and Drug
Administration in every Member State, in particular
the United Kingdom, to be responsible for such
activities as monitoring animal-feed quality,
eliminating -the risk of listeriosis and salmonella,
improving occupational training and working
conditions in the food-handling and catering sectors,
equipping home refrigerators and freezers with
thermometers, removing the risks of transmitting BSE
etc?

2. Can daminozide, an insecticide marketed in the
United Kingdom under the trade name 'Alar- and
sprayed on 70 % of fruit, in particular apples, continue
to be authorized for use in the United Kingdom and
the Community after being banned in the United
States?

3. Can the Official Secrets Act and trade secrets be

invoked by high-level authorities to deter persons,

No C 303/8 Official Journal of the European Communities 3. 12. 90

associations and authorities anxious to clarify the
situation and give added protection to the United
Kingdom consumer?

4. Are national and/or regional authorities in the
Member States responsible for protecting food
consumers sufficiently backed by adequate
Community rules and legislation?

Answer given by Mr Van Miert
on behalf of the Commission

_(22 February 1990)_

1. The organization of the monitoring of national food
safety is the prerogative of the Member States and the
Commission does not play any part in the administrative
organization of such monitoring, which varies -according
to national traditions and customs. The creation of a

European agency responsible for these matters at
Community level is being discussed by the Commission,
but no decision has yet been taken in this respect.

2. Daminozide is a pesticide used as a plant growth
regulator which has been authorized in most Member
States, particularly for use on apple trees. Information
available to the Commission would suggest that
approximately 20 % of the United Kingdom's apple crop
has been treated in recent years with daminozide.

The situation regarding the authorization of daminozide
in the United States is that the food-use registrations
ceased from 17 November 1989 following a request from
the manufacturer to withdraw them. Its non-food uses

will continue pending a final assessment of new data.

The authorization of plant protection products in
Community Member States is subject to national rules in
the absence of harmonized provisions. However, the
Commission has been informed by the manufacturer of
Alar that it was withdrawing sales of the growth regulator
from food use, throughout the Community, as from 1
October 1989.

3. There are no Community regulations on public
access to administrative documents. Nevertheless, the
Commission believes that there should be as much

transparency as possible in the monitoring of the safety
and quality of foodstuffs, transparency being the
guarantee of consumer confidence.

4. In its communication of 8 November 1985

'Completion of the internal market: Community
legislation on foodstuffs' ( [x] ), the Commission stressed the
need to extend legislation to cover public inspections
(paragraphs 9 and 29).

Pursuant to this communication, the Council adopted on
14 June 1989 Directive 89/397/EEC on the official
control of foodstuffs ( [2] ). It concerns inspection of
compliance with provisions aimed at preventing risks to
public health, guaranteeing fair commercial transactions
or protecting consumer interests, including consumer
information (Article 1). In accordance with Article 13 (b)
and (d), the Commission is required to make a report,
_inter alia,_ on the possibility of regulating at Community
level the basic and further training of inspectors and
establishing a Community inspection service. Article 12
states that professional secrecy must be ensured and that
persons concerned by the inspection must have a right of
appeal. Programmes of inspection coordinated at
Community level are provided for in Article 14 (3).

From 6 to 8 December 1989 the Commission held a

second symposium on the monitoring of foodstuffs,
which provided a great deal of information enabling it to
make a better judgment of the additions that need to be
made to the Directive of 14 June 1989.

It is for the Member States, in compliance with existing
and future Community legislation, to arrange for the
controls and to have them carried out by their
departments.

Furthermore, Article 8 of Council Directive 83/189/EEC
of 28 March 1983 laying down a procedure for the
provision of information in the field of technical
standards and regulations ( [3] ), as amended by Directive
88/182/EEC ( [4] ), in principle obliges the Member States
to notify the Commission immediately of any draft
technical regulation in the fields referred to by the
Honourable Member.

(') COM(85)603.
O OJ No LI 86, 30.6.1989, p. 23.
O OJNoL109,26.4.1983, p. 8.
O OJNo L 81, 26. 3.1988, p. 75.

WRITTEN QUESTION No 995/89

by Mr Alex Smith (S)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 303/18)

_Subject:_ Energy policy within the Community

In the light of the United Kingdom Government's
acceptance of the fact that nuclear power generation is
not economically viable and in view of the virtual
abandonment of nuclear energy development by the
United Kingdom Government, due primarily to the
prohibitive costs of decommissioning and nuclear waste
disposal;

3. 12. 90 Official Journal of the European Communities No C 303/9

The Commission will be aware that the costs are not

peculiar to the United Kingdom nuclear programme, but
can be universally applied;

Has the Commission considered the implications of this
decision on Community energy policy?

Do they consider that the time has come for a new
Community-led initiative on energy conservation
measures, renewable energy and on a more
environmentally acceptable method of fossil fuel power
generation?

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

_(2 March 1990)_

The Commission is aware of the information referred to

by the Honourable Member. Its departments are
currently discussing the economic calculation parameters
which have generated the price levels announced.

A recent study has shown that, in the United Kingdom, a
new station burning imported coal would have an
economic advantage over a new pressurized water reactor
(PWR) if the discount rate used in the calculation was
over 6 %. These calculations assumed a reactor lifetime of

25 years. While this is a very conservative estimate
(operating lifetimes can be expected to be of the order of
40 years), the private sector in the United Kingdom would
wish to recover the money it invested in a new reactor
over a much shorter period of time and also to have a
significantly greater return on its investment (than 6%).
Nuclear economics in the United Kingdom is further
complicated by two factors: the Magnox reactors, which
are now coming towards the end of their operating
lifetime and also have a relatively high 'back-end' cost
compared with other commercial reactor systems, and the
advanced gas-cooled' reactors (AGRs), a reactor type
peculiar to the United Kingdom programme, most of
which ran well over their design and construction time
and costs. The nuclear stations in the United Kingdom are
therefore not as economically competitive as PWRs. For
these reasons, the Commission does not believe that the
statements and speculation as to the relative economics of
nuclear and coal-fired stations in the United Kingdom
have'any Community-wide implications.

The Commission feels bound to set out the broad

guidelines for an energy policy which serves the long-term
interests of the Community and is divorced from
short-term contingencies.

It is obvious in this connection that the completion of an
internal energy market and the need better to protect the
environment would prompt the Commission to
re-examine the energy policy options that are open to the
Community. Of those options at the centre of the debate,
one might quote energy efficiency, the development of
better fuel technologies, and the use of energy sources

that are more acceptable from an environmental
standpoint. This re-examination has already taken place.

WRITTEN QUESTION No 1039/89

by Mr Christopher Jackson (ED)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 303./19)

_Subject:_ Release of liability under customs guarantee

Liability under guarantee for customs purposes is only
released when the travelling document, the SAD, is
discharged satisfactorily at the customs office of
destination and copy 5 of the document returned to the
originating Customs by way of proof.

A firm in my constituency has recently been penalized
under guarantee for Federal Republic of Germany taxes
to the sum of £ 7 860,71 due on four consignments that
were, according to the United Kingdom customs,
discharged satisfactorily.

The reason that the firm in my constituency has been
penalized by the German authorities is that they were
unable to collect taxes in Germany because the agent
responsible in Germany went into liquidation.

Clearly it seems unfair that the agent in the United
Kingdom who discharged his responsibilities adequately
should be penalized because of the failure of an agent in
Germany.

Is the situation described above justifiable in European
Community law? If it is, will the Commission consider
making changes in order to remove this apparent
inequity?

Copies of the relevant papers have been sent separately to
the Commission.

Answer given by Mrs Scrivener
on behalf of the Commission

_(13 February 1990)_

The Commission would inform the Honourable Member

that the matter raised in his question is currently being
examined jointly by the Commission's departments and
those of the competent national authorities, on the basis
of the documents supplied by him.

The Commission will of course communicate the results

of its inquiries to him.

No C 303/10 Official Journal of the European Communities 3. 12. 90

WRITTEN QUESTION No 1042/89

by Mr James Ford (S)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 303/20)

_Subject:_ Unsolicited Goods and Services Act 1971

In the run-up to 1992 is there a proposal to harmonize
Community legislation with particular reference to
unsolicited goods and services so that the now notorious
practice of invoices emanating from Denmark charging
(in advance) for entries in an international telefax
directory can be made actionable under European law?

Answer given by Mr Van Miert
on behalf of the Commission

_(21 February 1990)_

The Honourable Member is referred to the Commission's

answer to Written Question No 45/87 by Mr Simpson ('),
where the type of case mentioned is covered by the
Misleading Advertising Directive of 1984 ( [2] ), and to its
Joint Answer to Written Questions Nos 412/S9 by Mr
Welsh, 431/89 by Mr Wynn and Mr Stewart, 444/89 by
Mr Stewart and 638/89 by Mr Hindley ( [3] ) where, as in the
case mentioned by the Honourable Member, the demand
for payment has not been preceded by any representation.
This type of case may be covered under various provisions
of national law. In effect, it is an attempt to obtain money
by a trick and the criminal law of the Member States
should be capable of ensuring appropriate action.

The Commission would expect the appropriate
authorities of the Member State where enterprises are
victims of such practices to contact the Member State
where the demand for payment originates, so that the
latter can pursue the malefactors. Nevertheless, the
Commission knows of at least one case ( [4] ) where action
was taken against the publisher of a telex directory on the
grounds that their order form was misleading and
therefore constituted unfair competition. This action was
not taken by the authorities, but by a professional
association. However, the German courts which handled
the case decided that the case failed because the conduct

complained of took place outside the Federal Republic of
Germany.

The Commission can, therefore, well understand that
there may be obstacles to effective legal action across
frontiers, and will undertake studies to investigate
whether such obstacles really exist or whether the existing

law of the Member States is already capable of dealing
with the problems raised by the Honourable Member.

(') OJNoC 23,28.1.1988.
O OJ No L 250,19.9.1984, p. 17.
O OJNoC47,27.2.1990.
( [4] ) Deutscher Schutzverband gegen Wirtschaftskriminalitat v.
Telcom Verlag, Oberlandesgereicht Koln,-16.9,1988.

WRITTEN QUESTION No 1126/89

by Mr H. McCubbin (S)

to the Commission of the European Communities

_(10 January 1990)_

_K_ (90/C 303/21)

_Subject:_ Portugal: tax discrimination

Is the Commission aware that, following the removal of
excise tax discrimination in the spirits sector in Portugal,
there appears to be a remaining discrimination with their
value added tax regime for spirituous beverages? Could
the Commissioner therefore inform me of what action

they are taking to ensure that this does not continue?

Answer given by Mrs Scrivener
on behalf of the Commission

_(29 March 1990)_

The Portuguese VAT system as it applies to spirituous
beverages can be summarized as follows:

Whereas wine-based spirits, whether aged or prepared,
liqueurs and non-wine-based spirits (e.g. whisky, gin and
vodka) are subject to the higher rate of 30%, ordinary
wine-based spirits and fruit-based spirits are taxed at the
standard rate of 17 %.

Since the same rate of tax is charged on both domestic and
imported products, discrimination within the meaning of
Article 95 of the EEC Treaty cannot be said to exist.
Wine-based spirits, whether aged or prepared, which have
been produced in Portugal also attract the higher rate of
VAT.

WRITTEN QUESTION No 1127/89

by Mr H. McCubbin (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 303/22)

_Subject:_ Trade and fishing products

Fish buyers in Scotland must lodge a sum sufficient to
cover an average of IV2 weekly purchases before
purchasing on the market.

3. 12. 90 Official Journal of the European Communities No C 303/11

Whilst the measure acts as a safeguard for the seller, the
scheme causes added expenses for the buyer. The value of
the amount under guarantee in the Grampian Region
alone exceeds £ 7,5 million.

Would the Commission please confirm or otherwise
whether such practices are common in the Community or
whether this represents a restriction on trade and is
therefore an unfair trading practice?

Answer given by Mr Marin
on behalf of the Commission

_(25 January 1990)_

The common organization of the market in fishery
products includes provisions as regards the activities of
producers' organizations and, in particular, certain
conditions for the first sale of the products. These
conditions are designed to stabilize price levels for the
different products and permit producers' organizations to
withdraw products from the market if it proves impossible
to obtain given prices. Any negotiation of sales or prices
inside or outside these Community arrangements remains
a private matter between the producers' organization and
the buyer. It should also be noted that the market
organization does not comprise any price or intervention
mechanism for sales by fishermen who are not members
of producers'organizations.

The Commission has no knowledge of whether the use of
deposits is common in the different sales practices of
producers' organizations in the Community. On the basis
of the information provided by the Honourable Member,
it is unlikely that the practice in question constitutes a
breach of competition law. In particular, there is no
indication that the practice or agreement in question is
capable of resulting in an appreciable effect on trade
between Member States.

WRITTEN QUESTION No 1152/89

by Mr James Ford (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 303/23) 

_Subject:_ Consumer representation on food additive
harmonization

What steps has the Commission taken to ensure that
consumer representatives have been fully consulted in the
process of preparing draft directives on harmonized food
additive regulations?

WRITTEN QUESTION No 1154/89

by Mr James Ford (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 303/24)

_Subject:_ Meetings of the Advisory Committee on
Foodstuffs

Why has the Commission failed to convene meetings of
the Advisory Committee on Foodstuffs during the last 18
months when issues of vital concern to consumers have

been a'ddressed by the Commission ?

Joint answer to Written Questions Nos 1152 and 1154/89

given by Mr Bangemann
on behalf of the Commission

_(21 February 1990)_

The past 18 months have seen the adoption by the Council
of a large number of general directives on foodstuffs.
During that stage there has been no cause to involve the
Advisory Committee on Foodstuffs. Most foodstuffs
legislation is now entering the implementation stage and
the Advisory Committee on Foodstuffs will be consulted
about the drafts to be drawn up for that purpose.

As the term of office of the Committee's members ended

in May 1989, the Commission, in its Decision 89/C
254/04 of 28 September 1989 ('), appointed a new
Committee. The first meeting of the newly-appointed
Committee will be held in February 1990.

Consumers are represented on the Committee and thus
have a say in the drawing up of Community rules on food
additives.

O OJNoC254,7.10.1989, p. 4.

WRITTEN QUESTION No 1171/89

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 303/25)

_Subject:_ Report on the internal energy market

In its working document on the internal energy market
(COM(88) 238 final) the Commission stated, on 3 June
1988:

'the Commission will draw up a progress report on this
matter before the end of 1989' (paragraph 36 of the
working document).

No C 303/12 Official Journal of the European Communities 3. 12. 90

The President-in-Office of the Council of Ministers for

Energy, Roger Fauroux, has told the European
Parliament's Committee on Energy, Research and
Technology that the Council has not received this report.

Can the Commission tell Parliament when it will fulfil its

obligations regarding the internal energy market?

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

_(14 February 1990)_

As promised in its working document ('), Commission
staff have drawn up a draft progress report on the internal
energy market, which is currently being considered by the
Commission's various Directorates-General.

Only after this consultation process has been completed
will the report be submitted to the Members of the
Commission in the different language versions for
approval and transmission to the other institutions.

C) COM(88) 238 final.

WRITTEN QUESTION No 1282/89

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 303/26)

_Subject:_ Treatment of foodstuffs with ionizing radiation

The European Parliament is in the process of delivering
an opinion opposing the use of ionizing radiation for
foodstuffs (except for spices and dehydrated aromatic
herbs).

The measure will penalize those in the industry who have
invested in high-performance equipment costing around
FF 35 million per industrial unit.

How does the Commission intend to compensate them
for their losses in the very near future, when a costly
investment can no longer be used?

Answer given by Mr Bangemann
on behalf of the Commission

            - _(21 February 1990)_

In the light of Parliament's opinion, the Commission
i prepared an amended proposal ('), which is already being
. considered by the Council.

A Council decision not meeting industry's expectations
with regard to the number of products to be irradiated
cannot under any circumstances give rise to an obligation
on the part of the Commission to pay compensation.

WRITTEN QUESTION No 2/90

by Mr Terence Wynn (S)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 303/27)

_Subject:_ Community coal policy

What action has the Commission taken on the resolution

on European coal policy (Doc. A 2-147/88, OJ No C 262,
14.9.1988, p. 61)?

Will the Commission recommend future policies be based
on the long run sustainable price argument?

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

_(27 February 1990)_

The Commission paid special attention to the Parliament
resolution to which the Honourable Member refers.

The Commission is aware of the importance of coal in the
Community's energy balance. Nevertheless, the ability to
diversify into other resources is a cardinal factor in
ensuring security of supplies and coal is simply one of a
number of resources, however important. The
Commission 's approach is based on an analysis which,
apart from the question of security of supplies for the
Community as a whole, also takes into account factors
such as the integration of Community energy markets,
questions of finance and economics and the matter of
environmental constraints on energy choices.

It is in this context that the Commission plans to propose
to the Council a revision of the Community's energy
objectives.

Decision No 2064/86/ECSC O on state aid to the coal

industry in Member States is in line with the energy
objectives for 1995. The purpose of the aid thereby
authorized is to enable the Community's coal industry to
restructure and maintain the not inconsiderable share of

capacity which is expected to be relatively viable in the
long term. Through the authorizations granted under the
Decision, the Commission, is supporting efforts to

3. 12. 90 Official Journal of the European Communities No C 303/13

strengthen the viable kernel of Community coal
production capacity.

On the question of coal applications, major resources
obtained from both the EEC and ECSC budgets are being
deployed to develop cleaner and more efficient methods
of using coal.

As this is a question of marginal costs in the long term, it
is now being studied and is in the forefront of the
Commission's discussions. What is needed is a reference

base against which to assess the economic viability of
Community production capacity. The current world
market price for coal does not provide such a base,
because, as is rightly pointed out in Parliament's
resolution, these prices are not representative of
long-term trends.

O OJNoLl77,1.7.1986, p. 1.

WRITTEN QUESTION No 12/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 303/28)

_Subject:_ Growth of international trade in kidneys

According to an article published in the newspaper _The_
_Independent_ on 6 December 1989, keen debate has been
provoked by the appearance of two kidney transplant
surgeons before the British General Medical Council on
charges of serious professional misconduct. Mr Sells,
chairman of the British Transplantation Society, to which
more than 90 % of transplant surgeons belong, has
expressed his concern at the spectacular growth of
international trading in kidneys, which jeopardizes the
health and lives of patients but greatly benefits middlemen
and doctors. The Director of the kidney transplant unit of
the Royal Liverpool Hospital has made similar comments,
in particular denouncing the morally and ethically
disastrous practices which have arisen in several
countries, including Japan, where the donation of kidneys
has become a way of repaying debts, and the organs can
be resold for between $ 45 000 and $ 50 000. Following a
similar case in Great Britain, Mr Sells drew up a guide to
ethics, which does not condone the sale of kidneys, but
does not settle all the problems raised by the donation of
organs, especially if the donor remains anonymous.

Has the Commission investigated this matter?

What is its position with regard to the ethical problems
raised by the sale or donation of organs ?

What is the situation with regard to the official 'market' in
kidneys in the Member States of the Community?

Can the Commission estimate the size of the 'black

market' in kidneys?

What measures does it intend to propose and/or take to
prevent or curb this practice ?

Answer given by Ms Papandreou
on behalf of the Commission

_(20 February 1990)_

The Commission would refer the Honourable Member to

its answer to Written Questions Nos 622/89 (*), 819 and
820/89 ( [2] ) by Mrs Larive, as well as to its answer to Oral
Question No H-9/90 by Mrs Vayssade ( [3] ).

The Commission is thus aware of the current concern

expressed in relation to certain practices of organ
trafficking, in particular for kidneys, but regrets that it
has no further information available to reply to the
specific questions raised by the Honourable Member.

(') See page 5 of this Official Journal.
O O J N o C 125,21.5.1990.
( [3] ) Debates of the European Parliament No 3-385 (January
1990).

WRITTEN QUESTION No 72/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 303/29)

_Subject:_ Volumes and movements of toxic wastes

What volumes of toxic wastes exist in each Member State;
for how long has the Commission been collecting data on
this; what volumes of toxic wastes are currently
transported across frontiers within the Community, and
will the Commission indicate the major movements and
frequencies of movements?

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

_(28 February 1990)_

The Commission does not have comprehensive
information on the arisings of toxic wastes in the Member

- States. Although Council Directives 78/319/EEC (*) on
toxic and dangerous waste, and 84/631 /EEC ( [2] ) on
transfrontier shipment of hazardous waste require
Member States to report to the Commission on the

No C 303/14 Official Journal of the

disposal of hazardous waste and on the import and export
of hazardous waste, only a few Member States have
reported such data. The Commission is therefore not in a
position to give a full answer to the Honourable
Member's question. The Commission has recognized and
stated its need for such information in order to enable it

to monitor and further develop Community policy on

waste.

At present, however, it is almost impossible to estimate
the quantities of hazardous waste produced, due to the
very divergent definitions of hazardous waste in the
Member States. As a first-step, the Commission has made
a proposal to replace Directive 78/319/EEC by a new
Directive on hazardous waste ( [3] ), which contains a
detailed definition based upon definitions developed
within the framework of the OECD and adopted by a
Decision of the OECD's Council of Ministers dn 27 May
1988.

Furthermore, during the current year, the Commission
will begin the development of a statistical programme on
waste within the framework of environmental statistics

drawn up by Eurostat. Initial studies on methodological
aspects are about to be launched.

An overall picture of waste arising and movements has
recently been published by the OECD ( [4] ). This data
compilation is one of the most comprehensive known to
the Commission, but the figures given suffer also from the
difference in definitions between countries.

The Commission therefore considers it necessary to carry
out substantial work as indicated, in order to make

available harmonized statistics on hazardous waste.

(') OJNoL84,31.3.1978, p. 43.
O OJNoL326,13.12.1984, p. 31.
O COM(89) 391 final.
( [4] ) Compendium on Environmental Data 1989, p. 162.

WRITTEN QUESTION No 188/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 303/30)

_Subject:_ Inclusion of the languages of frontier workers
from one Member State in multilingual social
security forms issued by the Member State in
which they work(ed)

Thousands of Flemish former frontier workers have

received a letter from their pension fund in France

European Communities 3. 12. 90

(CRAM) asking them to produce a life certificate. The
attached form was printed in six languages, but not in
Dutch, the language of the frontier workers affected.

What measures does the Commission intend to propose to
ensure that, in view of the greater mobility of labour
across frontiers following the completion of the internal
market, the social security institutions in the Member
States, when drawing up multilingual forms for frontier
workers from other Member States, use the official
mother tongue of the frontier workers concerned.

Answer given by Ms Papandreou
on behalf of the Commission

_(1_ _June 1990)_

The regular presentation (usually once a year) of a life
certificate by pensioners to the institution paying the
pension is required by law in France and in other Member
States. Since the provisions to give effect to national
legislation are the sole responsibility of the national
authorities, the use on their forms of languages other than
those determined by the authorities themselves cannot be
imposed under Community law.

The Commission establishes models for certificates,
declarations, applications and other documents needed to
implement Regulation (EEC) No 1408/71 and (EEC)
No.574/72 on social security for migrant workers ( [l] ).

These models were last published in _Official Journal of the_
_European CommunitiesNo_ L 192 of 15 July 1986.

Each model is available in the nine official Community
languages and is presented in such a way that the various
versions correspond exactly, so that applicants can be sent
a form printed in their own language.

None of these models relates to the life certificate, nor to
any other documents used under purely national
provisions.

The Commission has no plans to extend the number of
Community models to include national documents.

O Consolidated versions in OJNo L230, 22. 8. 1983, last
amended by Regulation (EEC) No 2332/89 (OJ No L 224,
2.8.1989).

3. 12. 90 Official Journal of the European Communities No C 303/15

WRITTEN QUESTION No 200/90

by Mr James Ford (S)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 303/31)

_Subject:_ The Advisory Committee on Foodstuffs

Can the Commission confirm reports that no meeting of
the Advisory Committee on Foodstuffs has been
convened within the last 18 months and if not why not?

Answer given by Mr Bangemann
on behalf of the Commission

_(15 March 1990)_

The Commission would refer the Honourable Member to

its answer to his Written Questions Nosll52 and
1154/89 0 .

(*) See page 11 of this Official Journal.

WRITTEN QUESTION No 205/90

by Mr John Bird (S)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 303/32)

_Subject:_ Local taxation of foreign language assistants

The Government of the United Kingdom intends to make
foreign language assistants liable to payment of the Poll
Tax.

What policies do Member State Governments adopt
towards the local taxation, or otherwise, of low-income
foreign national students who are resident for a short
duration for the purpose of acting as language assistants
in Member States' education systems?

Answer given by Mrs Scrivener
on behalf of the Commission

_(8 May 1990)_

As regards low-income foreign national students, they are
subject to the normal regime of income taxation of
Member States, subject to the provisions of double tax
treaties.

The Commission could only intervene where a Member
State's legislation would run against Community law,
which is generally not the case in the aforementioned
situation.

-As regards local taxation of the same category of students,
the Commission does not dispose of the information
asked for by the Honourable Member.

WRITTEN QUESTION No 213/90

by Mrs Sylvia Mayer (CG)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 303/33)

_Subject:_ Implications of the Seveso Directive for local
authorities

While the Seveso Directive is a step forward in respect of
risk prevention, it nevertheless has considerable economic
and budgetary implications for local authorities.

Has the Commission provided financial measures to
alleviate the impact of this Directive:

1. Where a local authority has invested in land
development (preparation of land for building,
industrial and trading estates and areas designated for
craft industries etc.) before the Directive comes into
force and the land now falls within the safety zone laid
down by the Directive?

2. Where implementation of the Seveso Directive brings
all economic activity to a halt in large areas of the
small local authorities?

These two problems are currently facing the commune of
Dol de Bretagne in Ille et Vilaine.

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

_(14 March 1990)_

Directive 82/501/EEC, known as the 'Seveso' Directive,
on the major-accident hazards of certain industrial
activities (') obliges the various Member States to develop
an active policy based principally on the prevention of
accidents and on the limitation of their consequences
around hazardous industrial establishments.

The French Government has taken particular care to fulfil
these obligations and the Commission is very pleased with
the excellent climate of cooperation that has been
established with the French Ministry of the Environment,
the authority responsible for applying this Directive.

Control of urban development around risk sites is one of
the best ways for Member States to limit any
consequences of accidents or to prevent these
consequences from worsening in the future.

The measures taken by France in this respect, as by other
Member States, are not, however, a direct consequence of

No C 303/16 Official Journal of the European Communities 3. 12. 90

application of the Directive, which does not yet stipulate
any explicit provision along these lines. Nevertheless, in
resolution 89/273/01 of 16 October 1989 ( [2] ), the Council
recognizes the importance of controls of land-use
planning when new installations are authorized and when
urban development takes place around existing
installations. The Council invited the Commission to

investigate ways of including this concern among the
obligations laid down by Directive 82/501/EEC.

Although similar operations to those in Dol de Bretagne
have been successfully undertaken in France (Fos-Etang
de Berre in St Gaudens), it may be difficult to establish
such measures where, in pursuing a local development
strategy too distant from the objectives of protecting the
public against industrial hazards, some municipalities
have in the past made unsuitable choices as regards the
planning of land development in their districts. These
problems have to be resolved at local or regional level in
the interest of everyone concerned, by means of a gradual
process of restricting the use of land on the basis of an
accurate appraisal by the operator of the foreseeable
hazards. These measures do not generally lead to a freeze
on dwellings and certain other activities beyond a radius
of several hundred meters around factories.

Whatever the case may be, there is presently no provision
for financial compensation for municipalities or industrial
operators to comply with the objectives laid down in
Directive 82/501/EEC.

O OJ No L 230, 5. 8.1982.
O OJNoC273,26.10.1989.

WRITTEN QUESTION No 233/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 303/34)

_Subject:_ Directive of 15 July 1980 relating to the quality
of drinking water and Directive of 8 December
1975 concerning the quality of bathing water

In the past the United Kingdom Government has sought
derogations in relation to the ^above Directives
(80/778/EEC O and 76/160/EEC ( [2] )). Can the
Commission provide details of the derogations sought,
the timescales involved, the costs required to comply with
the requirements in the Directives and progress made on
meeting the deadlines set?

0) OJNoL229,30.8.1980, p. 11.
O OJNoL31,5.2.1976, p. 1.

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

_(20 March 1990)_

Since August 1985, derogations from the drinking water
standards set in Directive 80/778/EEC have been

permissible only in those situations described in Articles 9
and 10 of the Directive.

In accordance with Article 9 (1) (a), the United Kingdom
has notified the Commission of derogations authorized to
take account of situations arising from the nature and
structure of the ground in certain supply zones. None of
these derogations is said to relate to toxic or
microbiological factors or to constitute a public health
hazard. The Commission cannot impose a time limit on
any such derogation unless it considers that Article 9(1)
(a) is not applicable in any particular case.

The United Kingdom has also, on occasion, introduced
temporary derogations in situations arising from
exceptional meteorological conditions, or in emergencies,
as provided for under Articles 9 (1) (b) and 10
respectively. All such derogations have been of very
limited duration and were said not to constitute a health

hazard.

Directive 80/778/EEC does not provide for publication
or distribution of details of derogations notified to the
Commission under Articles 9 and 10. In any event, the list
of these derogations changes constantly as further
derogations are notified or existing derogations
withdrawn. The Commission does, however, inform
complainants of the detailed situation regarding
derogations notified in their individual supply area, where
such information is relevant to their complaint.

Finally, it should be noted that under Articles 19 and 20,
within five years of notification of the Directive, justified
requests for further delay in achieving practical
compliance, in circumstances not covered by Articles 9 or
10, could have been submitted for consideration by the
Commission. No Member State submitted a request for
this type of derogation within the period allowed.
Consequently, any cases of non-compliance currently not
covered by derogations under Articles 9 or 10 constitute a
breach of Community law which must be rectified as
quickly as technically possible.

The Commission is currently examining many such cases
in the United Kingdom, which has sought compliance
delays ranging from 1990 to 2000, depending on the area
and parameter(s) concerned. The Commission is seeking
further information about the remedial schemes involved.

With regard to derogations under Directive 76/160/EEC
on the quality of bathing water, on the basis of Article 4

3. 12. 90 Official Journal of the

(3) of this Directive, the United Kingdom authorities have
requested an extension of the time by which the limit
values set in the Directive are to be applied in
Scarborough North and South Bays, Ryde and Margate.

According to the information provided by the United
Kingdom authorities, it is said that a sewage scheme
currently being developed at Scarborough will ensure that
the mandatory values set in the Directive are eventually
met. This scheme will be completed early in 1992, at a cost
of £ 17,7 million at 1986 prices.

As far as Ryde is concerned, a new sewage outfall has
been installed and the associated work of building a
pumping station and connecting to the sewerage network
is in progress. This scheme, which will cost £ 7,5 million at
1986 prices, is due to be completed during 1990.

Water quality at Margate complied with the mandatory
coliforms standards of the Directive during the 1988 and
| 1989 seasons. A sewage scheme was completed in 1987, at
a total cost of about £ 9 million, at 1986 prices.

WRITTEN QUESTION No 241/90

by Mr Vincenzo Mattina (S)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 303/35)

_Subject:_ Reconversion of industry from military to civil
applications

The Commission has hitherto pursued major
reconversion policies in crisis sectors such as the textile
and shipbuilding industries, using resources from the
Structural Funds and other instruments.

Given the large drop in demand for weapons and the
peace initiatives being taken by the superpowers, how
does the Commission intend to set about reconverting the
defence industry to civil applications?

What instruments does the Commission intend to use,
particulary in the aeronautics sector, where its efforts
have to date been limited to a number of half-hearted and

insignificant R&D financing programmes, to prevent
further job losses and the dissipation of laboriously
acquired capacity and technology?

Could the Commission provide particular support for
projects promoting the integration of European industry
and the creation of environmental protection structures?

European Communities No C 303/17

WRITTEN QUESTION No 358/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 303/36)

_Subject:_ Effect of political and military detente on the
armaments industries of the Twelve

One of the main effects of the rapid developments in
Eastern Europe has been to achieve military detente. This
will doubtless be reflected in military budgets and will
consequently affect industries which supply their
governments with military equipment. Has the
Commission thought to assess the economic and social
implications of this development?

Does the Commission not consider that reconversion

policies for the Twelve should be studied and
implemented in order to ensure Community cohesion?

WRITTEN QUESTION No 1041/90

by Mr Joaquin Siso Cruellas (PPE)

to the Commission of the European Communities

_(11_ _May 1990)_

(90/C 303/37)

_Subject:_ Restructuring the Community arms industry

In the new climate of detente, both in Europe and
throughout the world, which has replaced decades of
confrontation, many nations are less anxious to stockpile
armaments, with the result that the Community's arms
industry is currently in the throes of a major crisis which
has forced management drastically to cut both output and
workforce and introduce a whole series of other measures

to cope with falling demand. Does the Commission agree
that the restructuring of the Community arms industry
calls for a special Community programme, of the kind
already implemented in other economic sectors, to enable
it to survive the present crisis and find its own level within
the new geopolitical and strategic parameters?

Joint answer to Written Questions Nos 241, 358 and

1041/90 given by Mr Bangemann

on behalf of the Commission

_(24 July 1990)_

The profound political changes taking place in the Soviet
Union and Eastern Europe and the progress in the

No C 303718 Official Journal of the European Communities

negotiations on reductions in conventional armed forces
in Europe (CFE) may result in reduced defence budgets
and lower demand for military equipment in Europe. In
conjunction with rising costs in development and
production of modern weapons systems, this will increase
competitive pressures in the defence industry.

Against this background, it seems likely that resources
will be reallocated from armaments production to the
production of civilian goods and services. In order to
survive in this process, European manufacturers of
defence equipment will seek to improve their
competitiveness. Such attempts are likely to lead to more
collaborative projects, joint ventures, mergers and
acquisitions.

The reallocation of resources from the production of
defence equipment to civilian purposes is primarily a
challenge for the companies concerned. The
overwhelming majority of them are already producing
goods for both military and civilian applications, the
so-called dual use industry. Companies in this industry
are able to make internal adjustments to the change in
demand.

The Commission is indirectly assisting in the conversion
process by providing financial support for R&D projects
with a view to promoting a more efficient and competitive
European industry. Although these projects are aimed at
civilian purposes they are also highly relevant for the
production of military equipment because the
technological needs of the two sectors are converging.
The aerospace industry is an important case in point.

Efficiency and adaptability in the industry producing
defence equipment is also encouraged by more
competition between companies when bidding for
defence contracts. The Community's procurement
Directives are effective with regard to products which are
not intended for specifically military purposes. With
regard to arms, munitions and war materials, the
Commission's competence is limited according to
Article 223 of the Treaty.

The Commission has recently launched a study on the
restructuring process in the European dual use industry.
The effects on market structure, factors of production,
technology and global competitiveness are being
analysed.

WRITTEN QUESTION No 328/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(21 February_ _1990)_

(90/C 303/38)

_Subject:_ Employment consequences of price structures in
the coal sector

Has the Commission had an opportunity to consider the
employment consequences of .the three-year supply

agreement reached between British Coal, National Power
and Powergen in the cooperation during December 1989?
In respect of British Coal, given existing production costs
and levels of supply to the power suppliers, and leaving
other factors aside, what would the likely employment
consequences be of a reduction of supply level to 65
million tonnes in 1992/93 at a price of £ 1,70/GJ gross? In
respect of private suppliers and applying the same criteria,
what would the likely employment consequences be of a
reduction in price to £ 1,30/GJ delivered?

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

_(19 June_ _1990)_

The Commission examines, under Article 85 of the EEC
Treaty, the vertical agreements concluded between coal
and electricity producers to ensure that they do not
infringe competition rules and in particular do not affect
trade between Member States. It is not empowered to
consider the social consequences of such agreements.

The Commission is nevertheless aware of the social and

regional problems arising from restructuring and, in
addition to the aid that already exists under Article 56 of
the ECSC Treaty, it has decided to set up the Rechar
programme to provide support for the reconversion of
mining areas.

The Commission does not yet have any information about
the employment consequences of the application of the
agreements concluded between British Coal, National
Power and Powergen.

WRITTEN QUESTION No 376/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(26 February_ _1990)_

(90/C 303/39)

_Subject:_ Helios and Eucrea programmes

What arrangements have been made for the monitoring
and'evaluation of the Helios and Eucrea programmes?

Answer given by Ms Papandreou
on behalf of the Commission

_(10 April_ _1990)_

The Helios programme which was adopted by the
Council on 18 April 1988 aims for the economic and social
integration of disabled people. Several evaluations are
being carried out on the Helios programme:

3. 12. 90 Official Journal of the European Communities No C 303/19

— Evaluation by the Advisory Committee: The Advisory
Committee, composed in compliance with the
decision of 18 April 1988 relative to the Helios
programme (*) of two representatives of the Member
States, is regularly informed of the activities,
seminars and conferences organized within the
framework of the Helios programme and sees the
agendas and the reports. The Committee is given
progress reports and at the end of the year receives a
report on the year's activities and the perspectives for
the next year.

— Evaluation by the liaison group: The liaison group,
established by virtue of the same decision, is
composed of the members of the Advisory
Committee and representatives of non-governmental
organizations, workers and employers. This group is
kept informed of the activities.

— The dialogue group of non-governmental
organizations, established within the framework of
the Helios programme, is also informed of the
progress of the activities and expresses its views about
them.

— Within the framework of the network of centres and

experiments in rehabilitation and vocational training,
and of local model activities, seminars are regularly
organized for the persons responsible to evaluate the
impact of the initiatives that have been taken.
Moreover, each year a European-level conference is
organized to determine new orientations and
progress to be accomplished.

— Study visits are organized among the networks. A
report on these has to be made and transmitted to the
Helios team of experts, which assists the
Commission. This team evaluates the activities of the

institutions it visits and also visits centres and local

model activities to give these initiatives a dynamism
within the European network. Evaluation at national
level is done either by non-governmental
organizations, or by official ones.

— In the framework of cooperation with European
non-governmental organizations such as Eucrea,
evaluation of the annual programmes of European
conferences, seminars and study visits is done by the
Commission on the basis of a detailed report on the
use of the financial aid for each of the events.

— The dialogue group of non-governmental
organizations is also kept informed about the annual
programmes and can express its views.

— Before 1 July 1990, the Commission will submit an
interim report and,, before 1 July 1992 a full report to
the European Parliament and the Council on the
implementation and results of the Helios programme.

WRITTEN QUESTION No 377/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 303/40)

_Subject:_ Eucrea

Can the Cbmmission provide a list of the names of
members of the national committees for each Member

State for Eucrea?

WRITTEN QUESTION No 378/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 303/41)

_Subject:_ Eucrea

Can the Commission describe the origin of Eucrea and
give an indication of the extent to which its creation and
existence has been publicized?

Can the Commission give details of the mechanisms and
criteria to be applied in choosing schemes for funding
under the Eucrea programme?

Joint answer to Written Questions Nos _377_ and 378/90

given by Ms Papandreou
on behalf of the Commission

_(18 April 1990)_

The Helios programme, which was adopted on 18 April
1988 (*), aims to achieve the social and economic
integration of disabled people and covers all activities in
this field.

In the framework of creativity for, by and with disabled
people a collaboration based on subventions was set up
between the Commission and the European NGO called
'Eucrea'. This organization prepared 'guidelines for the
formation of national committees in the creativity field'
and 'criteria for projects'.

The Eucrea organization will contact the Honourable
Member to transmit detailed information in answer to his

question.

0) OJ No L 104, 23.4.1988. 0) OJNoL104,23.4.1988, p. 38.

No C 303/20 Official Journal of the European Communities 3. 12. 90

WRITTEN QUESTION No 453/90

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(5_ _March 1990.)_

(90/C 303/42)

_Subject:_ GATT: tariff and non-tariff barriers facing
spirituous beverages

In May 1987 the EC Spirits. Producers' Association
(UEAES) submitted to the European Commission the
industry's objectives for the current Uruguay Round of
GATT negotiations. These were supported by a
three-volume inventory of tariff and non-tariff barriers
facing EC spirits in GATT markets. Moreover, the
objectives were also endorsed by the International
Federation of Wines and Spirits (FIVS). These objectives

are:

— elimination of non-tariff barriers,

— reduction in excessive rates of import duty,

— identical import duty rates for all spirits, based on
alcohol content, in each individual GATT country,

— elimination, on a reciprocal basis, of the CCT levied
on spirits imported into the European Community,

— tighter GATT provisions to ensure that in each
GATT country, (i) identical excise tax rates for all
spirits, based on alcohol content and (ii) rates for
import duty which are not so excessive as to distort
competition in favour of domestic products, apply.

Will the Commission indicate its reaction to this initiative

by the EC spirits industry and in particular say whether it
will pursue the industry's objectives within the GATT?

Answer given by Mrs Scrivener
on behalf of the Commission

_(17 July 1990)_

The Commission did receive the documentation sent by
the European Alcohol, Brandy and Spirits Union. It has
taken due account of the information and has discussed

with the producers' organizations involved the objectives
to be achieved in the current round of multilateral

negotiations.

The Commission has taken note of the fact that to attain

the aims proposed by the industry, tariff and non-tariff
barriers and certain discriminatory taxes must be

eliminated or reduced and has prepared its negotiating
papers on this basis.

WRITTEN QUESTION No 456/90

by Mr Jose Alvarez de Paz (S)

to the Commission of the European Communities

_(7 March 1990)_

(90/C 303/43)

_Subject:_ Progress in implementing the provisions of the
White Paper

In his speech to the European Parliament on 17 January
1990, introducing the 1990 work programme, the
Commission President, Mr Delors, stated that 60 % of the
measures provided for in the White Paper (279) had been
a'dopted.

Can the Commission say what percentage of the measures
in the social field has been implemented and what
percentage these social measures represent of the total
number of the measures provided for in the White Paper?

Answer given by Mr Bangemann
on behalf of the Commission

_(6 April 1990)_

The social dimension of the internal market is taken into

account in the 1985 White Paper through the 'new
approach' harmonization directives which lay down
essential requirements for the safety of machines and
personal protective equipment. These directives do not
take account of the varying work places and conditions in
which the products are used. Additional measures have
therefore been taken in the framework of Article 118A to

complement these directives to protect workers at their
workplace; they set minimal requirements and therefore
do not prevent the implementation of more stringent rules
by Member States. An action programme regarding the
implementation of the Community Charter of Basic
Social Rights for Workers, which was approved by 11
governments at the meeting of the European Council in
Strasbourg, has been drawn up by the Commission (*).
This action programme contains a number of
announcements concerning legislation measures in the
social field — some of them to be already tabled to the
Council in 1990. The social dimension is also taken into

account in the following White Paper proposals, namely:
the European company statute, the mutual recognition of
professional qualifications, the rights of residence and the
free circulation of workers; some of the proposals are
currently before the European Parliament.

O COM(89) 568 final.

3. 12. 90 Official Journal of the European Communities No C 303/21

WRITTEN QUESTION No 458/90 WRITTEN QUESTION No 518/90,

by Mr Jose Alvarez de Paz (S) . by Mr Virginio Bettini (V)

to the Commission of the EuropeaaCommunities to the Commission of the European Communities

_(7 March 1990)_ _(16 March 1990)_

(90/C 303/44) (90/C 303/45)

_Subject:_ The work programme for 1990 and the Force

programme

In its work programme for 1990, the Commission states
under point 138 that the Force programme 'will enable
workers in the Community to have access to vocational
training throughout their working lives'. This statement
seems overly optimistic when we consider the resources
allocated to other sectoral policies in the social area. What
financial, human and technical resources does the
Commission plan to use to ensure that all workers have
permanent access to vocational training?

Answer given by Ms Papandreou
on behalf of the Commission

_(8 May 1990)_

The Force programme will help to make it possible for
any worker in the European Community to obtain
vocational training and to continue such training
throughout his working life. It will supply a framework
within which all the parties concerned (public authorities,
the two sides of industry, undertakings and training
bodies) can be brought together and made to focus their
endeavours on this fundamental aim. In compliance with
the principle of subsidiarity, it will comprise two
complementary operational parts: a common framework
of general principles designed to promote convergence of
.the Member States' activities and a series of transnational

measures aimed at supporting and supplementing the
schemes run by all the parties concerned in the Member
States. Moreover, it will be organized in such a way as to
support schemes put up by the two sides of industry, thus
enabling the sociaj dialogue to be carried on at other
levels.

The Force programme will be a vital adjunct to the
various Community programmes already launched
(notably Commett, Delta, Erasmus, Petra, Lingua and
Eurotecnet), which are not centered around continuing
vocational training for workers. It will thus fill a major
gap in the development of a common vocational training
policy.

The financial record attached to the Commission's

communication (') sets out the Commission's estimates of
requirements in terms of human resources and budget
allocations for the Force programme. The requisite
annual appropriations will be authorized as part of the
annual budget procedure in keeping with the existing
financial forecast and in line with their future

development.

O COM(89) 567 final.

_Subject:_ Atmospheric pollution caused by the power
station in Fiamona (Plomin)

1. Is the Commission aware of the recommissioning of
the power station in Fiamona (Plomin, Yugoslavia) and
the fact that its capacity is to be doubled?

2. Is it aware that this power station is fired by coal
with a high sulphur content — approximately 10% —
extracted from the Arsia mines and that no gas
purification filters have been installed in the plant?

3. Since the winds are predominantly from the
south-east, what steps does the Commission intend to
take to protect the health of the inhabitants of the
Friuli-Venice-Guilia area from the large emissions of
sulphur dioxide, oxides of nitrogen and suspended
particles?

4. What measures does the Commission intend to take

to provide Yugoslavia with the technology necessary to
reduce gas emissions since, if the capacity of the power
station is doubled, the quantity of coal used will triple
with a corresponding increase in the gases emitted?

5. Is such technology still subject to the Cocom
agreements? If so, what steps has the Commission taken
towards the withdrawal of the Community from the
Cocom agreements?

6. How and when does the Commission intend to

resolve the problems preventing an agreement Between
ZEOH (the Croatian electricity supply company) and
ENEL (the Italian national electricity supply company) to
meet environmental and energy problems within the
framework of the Thermie programme?

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

_(19 June 1990)_

The Commission has not been informed of the

recommissioning of the Fiamona power station
(Yugoslavia).

The Commission cannot impose its regulation on
Yugoslavia because it is not a member of the European
Economic Community.,

Neither the Commission nor the European Community
are party to the Cocom agreements to which the

No C 303/22 Official Journal of the European Communities 3. 12. 90

Honourable Member refers. Whether or not to withdraw

from Cocom is a decision which must be taken by Cocom
member states.

If, however, there were to be a future agreement between
Italy and Yugoslavia in a area falling within the
Community's field of competence, the Community
should, of course, be a contracting party.

Consequently, the Commission feels that there is every
reason for Italy and Yugoslavia to find a solution to this
cross-border pollution problem through bilateral
negotiation.

WRITTEN QUESTION No 538/90

by Mr David Martin (S)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 303/46)

_Subject:_ Osteoporosis

1. Is the Commission aware of any EC-wide research
into this crippling disease?

2. Given the role of health education and in particular
correct diet in the prevention of osteoporosis, would the
Commission consider an EC-wide education compaign
similar to that of the European Year Against Cancer?

Answer given by Ms Papandreou
on behalf of the Commission

_(22 May 1990)_

1. Under the Fourth Medical and Health Research

Programme (1987 to 1991) two collaborative research
projects are being funded.

(a) Concerted action on the 'Epidemiology of vertebral
osteoporosis in Europe' which aims at defining the
prevalence of vertebral osteoporosis in different
populations in Europe, in order to identify and
compare individual risk factors with the view to
developing potential strategies for prevention and to
assessing the health and social impact of osteoporosis
in the population studied. Thirty centres in 10
Member States and three COST countries are

participating in this project running from July 1989 to
June 1992.

(b) Concerted action on 'Quantitative assessment of
osteoporosis'. A better assessment should improve
the prediction of fracture risk among patients. The
general aims are to bring together expertise on
osteoporosis bone measurements scattered over
many different disciplines, to create a European
reference standard and quality control, and to
stimulate new technological developments for the

evaluation of bone quality versus bone quantity.
Twenty-seven centres from nine Member States and
three COST countries take part in this programme
which covers the years 19 8 9 to 1991.

The Commission is also following closely the research
project on osteoporosis undertaken by the World Health
Organization in the context of the 'Special programme
for research on ageing 1989 to 1991'.

2. The increase in the incidence of fractures with age
due to osteoporosis is a -major health problem of the
elderly in developed countries and a cause of disabilities
and high health care and social costs.

Several factors decrease bone density and thus increase
the risk of osteoporosis: hormonal status (menopause),
low body weight, alcohol and cigarette consumption, lack
of physical activity.

The influence of environmental and dietary factors such
as calcium intake are the subject of controversy and need
further investigation and research to identify possible
preventive action.

It may, nevertheless, be possible and appropriate to
address certain aspects of the osteoporosis problem
within the context of the series of measures on behalf of

the elderly which has recently been proposed by the
Commission. Of particular relevance are the outline
proposals to study the prevention of the most common
causes of handicap in old age and to develop the studies
already underway using new technologies to enhance the
autonomy of elderly people.

It is however too early to undertake an education
compaign similar to that of the cancer programme.

WRITTEN QUESTION No 626/90

by Mr Juan Bandres Molet (V)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 303/47)

_Subject:_ Problems caused by the greenhouse effect

According to the forecasts by the International Energy
Agency (IEA), the struggle against the problems caused
by the greenhouse effect could last for several decades
since, by the year 2005, carbon-dioxide emissions, which
have a warming effect on the climate, will increase by
50%.

What measures does the Commission intend to take to

improve energy use, promote the utilization of less

3. 12. 90 Official Journal of the European Communities No C 303/23

pollutant fuels and launch research programmes into
clean forms of energy?

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

_(20 June 1990)_

The Commission recently sent the Council a
communication on the steps it intends to take to deal with
the problems caused by the greenhouse effect and the
objectives to be achieved. It is sending a copy of this
communication direct to the Honourable Member and to

Parliament's Secretariat.

The Commission has set out its general approach to
environmental problems in the energy sector in a
communication on energy and the environment (*).

O COM(89) 369 final.

WRITTEN QUESTION No 632/90

by Mr Alexander Falconer (S)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 303/48)

_Subject:_ Youth Forum Newsletter

The Youth Forum organized a conference 'Youth Against
Racism', consisting of several workshops, on 18 to 20
April 1986.

Can the Commission say whether it gave any financial
support to the organization of this conference? If so, what
was the extent of the support?

As a follow-up to this conference, the Youth Forum
issued a Newsletter (issue No 1, August 1986) to serve as
a permanent link between young people who are
concerned by the problems of racism and xenophobia.

Is the Commission aware of any subsequent issues of this
Newsletter? If not, does the Commission know why this
project, launched in August 1986 as the only concrete
follow-up to the conference so far, has not gone beyond
issue No 1 ?

Does the Commission not consider it essential, especially
in view of a 'People's Europe' — to provide such a
European newsletter or at least support any existing ones
in order to inform the European public in general of, e.g.,
the problems of racism and xenophobia as one of the very
minimum follows-ups to the Joint Declaration against
Racism and Xenophobia which it signed together with the
Parliament, the Council and the Ministers meeting within
the Council in June 1986?

If the Commission is supporting information projects on
racism and xenophobia within the Member States, what
kind and/or size of support has the Commission given?

The Commission is requested to give an urgent reply to
this set of questions in view of the work currently being
carried out by the second European Parliament
Committee of Inquiry on Racism and Xenophobia.

Answer given by Ms Papandreou
on behalf of the Commission

_(3_ _July 1990)_

The Commission contributed ECU 9 677 toward the

recruitment and travel expenses of a
coordinator/researcher, for a three-month period,
responsible for organizing an anti-racism campaign in
1986 at the initiative of the Youth Forum. The

organization of a seminar in April 1986 and the
publication of a charter and a 'Youth Against Racism
Newsletter' were key elements in this campaign.

Combating xenophobia and racism is an integral part of
the Youth Forum's activities, as can be seen from its
ACP-EEC work and the articles in its Newsletter.

The Commission supports non-governmental
organizations which provide information on the dangers
of racism and fascism; this support is given under budget
heading A-3030 and follows the guidelines laid down by
Parliament following the declaration against racism and
xenophobia which was adopted by Parliament, the
Council, the representatives of the Member States
meeting within the Council, and the Commission on 11
June 1986.

The list of those receiving subsidies under the
abovementioned budget heading is officially transmitted
to the President and Secretariat of Parliament at the end

of each financial year.

WRITTEN QUESTION No 674/90

by Mr Manfred Vohrer (LDR)

to the Commission of the European Communities

_(23 March 1990)_

(90/C 303/49)

_Subject:_ Promotional work by the Community's
information services to prepare industry for the
internal market

What steps is the European Community taking to prepare
firms (by supplying information and publishing
propaganda) in the Federal Republic of Germany in the
run-up to the establishment of the internal market? How
do these promotion activities compare with those being

No C 303/24 Official Journal of the European Communities 3. 12. 90

carried out in the other eleven Member States? What

amount of funding has been allocated for this purpose
and by what sponsors or other organizations administer
the funds? What financial contribution is being made by
the organizations responsible for the preparations?

Answer given by Mr Bangemann
on behalf of the Commission

_(28 May 1990)_

The Commission would remind the Honourable Member

that it does not have sole responsibility for information
activities to prepare businesses for the single market. This
is primarily a matter for national and regional
administration and for those involved in economic

activity.

Accordingly, the steps taken by the Commission consist in
making available to all Member States the necessary
information in the form of publications, audiovisual
materials, data banks, etc.

The following activities, which also cover the Federal
Republic of Germany, are the most important to date:

— the Cecchini studies on the cost of non-Europe,
which provide the various sectors of industry with an
assessment of the foreseeable changes in the run-up
to 1992,

— the establishment of a data bank covering the entire
internal market programme and the implementing
measures taken at national level; the bank is
accessible to the public (INFO 92),

— the training of intermediaries for the dissemination of
information in Member States; 27 Euro-Info Centres
have been opened in the Federal Republic of
Germany and a group of 52 qualified speakers has
been set up (Team 92) by the Commission's Office in
Bonn.

In addition to these activities, there is a publications
exercise which, for the last three years, has given priority
to the 1992 programme. .

While the Commission's efforts on the information front

are the same for all Member States, they are, in certain
cases, backed up by national or local initiatives.

WRITTEN QUESTION No 690/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(23 March 1990)_

(90/C 303/50)

_Subject:_ The badger and bovine TB

Does the Commission have any scientific data to prove
conclusively that the badger, and endangered species, is a
main contributor to the spread of bovine TB ?

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

_(11_ _May 1990)_

The Commission is aware of the Zuckerman Report
(United Kingdom) and the ERAD Report (Ireland) which
indicate that the badger plays a role in disseminating
tuberculosis to bovines, in certain limited areas of each
Member State. However, what is not clear is whether the
badgers themselves were initially infected by bovines and
a situation has arisen where the disease is now cycling
between the two species.

While the badger is a protected species under the Bern
Convention, the Commission considers that it is neither
an endangered species nor a threatened species within the
Community in the meaning of the proposed Directive on
the protection of natural and semi-natural habitats and of
wild fauna and flora (*) and in view of this it does not
feature on the list of threatened species in the proposed
Annexes I and II to this Directive ( [2] ).

(') COM(88) 381 final (OJ No C 247,21.9.1988).
( [2] ) COM(90) 59 final.

WRITTEN QUESTION No 720/90

by Mr Juan Bandres Molet (V)

to the Commission of the European Communities

_(2 7 March 1990)_

(90/C 303/51)

_Subject:_ Protection of the Pyrenees

The construction of a high-voltage link from the 'Aragon'
station (Spain) to Cazaril (France) passing through the
Nistros and Louron valleys in the French Pyrenees, the
frontier crossing point at La Pez and the Chistau Valley in
Aragon (Spain) will lead to serious environmental
deterioration in this area. The two 380 kV circuits carried

by 50-metre pylons will cover over 185 kilometres of land
in Aragon (Spain).

Can the Commission say what environmental impact
studies have been submitted by the Governments of
France and Spain prior to the commencement of work on
this project?

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

_(21 June 1990)_

The Commission has noted the facts referred to by the
Honourable Member.

3. 12. 90 Official Journal of the European Communities No C 303/25

In this context, the Commission would draw the
Honourable Member's attention to the fact that Directive
85/337/EEC ( [x] ) contains no provision obliging the
Member States automatically to notify the Commission of
impact studies carried out on their territory.

It is for the relevant national authorities to decide, on the
basis of the impact study and the results of consultation
with the competent environmental authorities and the
public concerned, which alternative is least harmful to the
environment.

O OJNoLl75,5.7.1985, p. 40.

WRITTEN QUESTION No 731/90

by Mrs Mechthild von Alemann and Mr Manfred Vohrer
(LDR)

to the Commission of the European Communities

_(27 March 1990)_

(90/C 303/52)

_Subject:_ Capturing of songbirds in the Belgian Eifel near
the German border

Every autumn, the practice of capturing songbirds begins
in the Belgian Eifel near the German border. In view of
the call by many conservation and animal protection
leagues for uniform European arrangements to protect
birds, how does the Commission view this and what
action is it taking, if any, to secure the adoption of such
arrangements?

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

_(2 July 1990)_

Belgium has been condemned by the Court of Justice for
failure to comply with Article 9 (1) (c) of Directive
79/409/EEC on species which may be captured. The
Commission has found that Belgium has still not
complied with the ruling of the Court of Justice delivered
on 8 July 1987.

The Commission has already received a further complaint
about the capturing of songbirds in the border area of the
Belgian Eifel. In its investigations into this complaint the
Commission has asked the Belgian authorities to provide
the necessary information concerning the application of
Directive 79/409/EEC in Belgium, in particular Article 9
(l)(c).

The Commission is further investigating this matter.

WRITTEN QUESTION No 735/90

by Mr Carlos Carvalhas and Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(27 March 1990)_

(90/C 303/53)

_Subject:_ Statute of the European Company

Will the Commission state which of the delegations in the
_ad hoc_ working party on the European company have
expressed reservations concerning worker participation
(what is the position of the Portuguese delegation) and
whether, in this connection, its proposal does not fall
short of the provisions envisaged in the Fifth Directive?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 July 1990)_

It is the Commission's rule not to disclose the positions
adopted by Member States' delegations within the
Council.

The provisions relating to worker participation in the
proposal for a Directive complementing the Statute for a
European company (') are comparable in scope to those in
the proposal for a fifth company law Directive ( [2] ), given
the different objectives of the two proposals (optional
Statute for a European company on the one hand and
obligatory employee participation for all public limited
companies above a certain threshold on the other).

0) COM(89) 268 final.,
O OJ No C 240,9.9.1983.

WRITTEN QUESTION No 741/90

by Mrs Guadalupe Ruiz-Gimenez Aguilar (LDR)

to the Commission of the European Communities

_(27 March 1990)_

(90/C 303/54)

_Subject:_ Drugs

What projects have been drawn up by the Commission
concerning crops to replace the cultivation of drugs?

What amounts are earmarked for this purpose in the
Community budget?

What preventive programmes have been adopted by the
Commission to combat the drug problem in the Member
States?

What amounts are earmarked for these programmes in
the Community budget?

No C 303/26 Official Journal of the European Communities 3. 12. 90

Answer given by Mr Matutes
on behalf of the Commission

_(2 July 1990)_

List of projects involving the cultivation of drugs crop substitutes and receiving a contribution
from the Commission:

ASIA

Integrated rural development programme for the high mountains

Contribution: ECU 405 000

Narcotic crop replacement through Community and environment
development in the highlands of Tak Province
Contribution: ECU 429 000

CARIBBEAN

Laos

Thailand

LS/88/49

TH/88/13

Jamaica Integrated rural development, St Ann

Contribution: ECU 371 700

LATIN AMERICA

Programme to contain migration integrated socio-economic development
programme for seven coca-growing areas

Contribution: ECU 500 000

Agricultural diversification and agro-industrial development in the La Paz

Yungas area

Contribution: ECU 500 000

Research on and technical support for the cultivation of quinua in Bolivia

Contribution: ECU 350 000

Rural development in the Colonization Totolima settlement area

Contribution: ECU 192 787

Agricultural diversification and agro-industrial development in the La Paz

Yungas area

Contribution: ECU 500 000

Rural development, Mizque (Cochabamba department)

Contribution: ECU 317 000

Integrated rural development, Caqueta

Contributions: ECU 555 636 in 1989

ECU 1 212 456 in 1990

ECU 1 768 092

Bolivia

Colombia

BL/87/05

BL/87/09

BL/87/23

BL/87/24

BL/88/19

BL/8"8/23

CL/89/04

Taken together, the above projects represent a total
contribution of ECU 4121 123 to alternative

development projects in 1987, 1988 and 1989. This is 25%
of the ECU 16 636 624,84 committed over a period of
three years under Article 949 of the budget for combating
the drug problem.

In addition, on the basis of its communication of 28
November 1986 to the Council and Parliament, the

Commission took the following action to combat the drug
problem in the Member States in 1988 and 1989 ('):

— drug addiction prevention: training and information
for parents, teachers and members of the professions
concerned; education of children and adolescents,

— treatment and reintegration: information for drug
addicts, exchange of information and pilot projects;
improving and coordinating existing systems,

3. 12. 90 Official Journal of the European Communities No C 303/27

— basic statistics: models of consumption and categories
of addicts; information system and data banks,

— studies on treatment and prevention: treatment
methods; groups at risk.

The sum set aside for 1990 under budget item B6 472 is
ECU 3,9 million.

0) COM(86)601.

WRITTEN QUESTION No 754/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 303/55)

_Subject:_ Community activities for the protection of the
monk seal

The situation of the monk seal in the Mediterranean still

gives cause for great concern. The Community has started
a number of activities aimed at helping to ensure the
protection of the monk seal.

1. What is the overall long-term strategy for Community
activities for the protection of the monk seal?

2. Can the Commission provide a complete list of the
activities which the Community has initiated — or
which it intends to start in future — for the protection
of the monk seal?

3. How do these activities contribute to the

Community's overall strategy for the protection of the
monk seal, and how do the various activities relate to
one another?

4. What are the results of the various activities already
undertaken and to what extent have their aims been

realized?

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

_(20 June 1990)_

The strategy for the protection of the monk seal and the
action which has been taken in this respect have been
summarized in a report by the Institut royal des Sciences
naturelles de Belgique entitled 'Analyse descriptive et
projet pilote preparatoire a une strategic pour la
conservation du phoque moine en Mediterranee
_(Monachus_ _monachusf._

The Commission is endeavouring to provide financial
support for action forming part of this strategy, in
particular the monitoring of monk seal populations off
Greece and Madeira.

WRITTEN QUESTION No 790/90

by Mr Jan Bertens and Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 303/56)

_Subject:_ Recycling of tin

Is the Commission aware that, of all household packaging
materials, tin lends itself very well to recycling, provided
that the magnetic separation of household waste is used?

Is it also aware that, in the Netherlands, 46% of tin in
household waste is already recycled and in the EC 20 %, a
process which thus covers its own costs, and that the
recycling of 1 tonne of tin saves 1,5 tonnes of iron ore and
0,5 tonnes of coke?

Is the Commission prepared, in current and future
legislation on waste processing, to encourage the recovery
and recycling of tin through the compulsory separation of
ferrous materials from waste prior to final disposal?

Does the Commission share the view that compulsory
separation is preferable as a recycling method to the
separate collection of tin?

Does the Commission also conclude, therefore, that the
separate collection of tin is not an effective recycling
method?

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

_(13 July 1990)_

The Commission is aware that tin used in household

packaging can be reused, one method being the magnetic
separation of household waste. However attention has to
be paid to the quality of the material recovered.

As it stated in its communication to the Council and to

Parliament on a Community strategy for waste
management ('), the Commission considers that the

No C 303/28 Official Journal of the European Communities 3. 12. 90

recycling and re-use of waste should be vigorously
promoted and is already applying this principle in both
current and proposed legislation. This applies also to the
tin packaging content of household waste. However, the
Commission does not intend to impose one particular
method when applying this principle to a specific waste
product. It believes that the principle of subsidiarity
should also be respected, taking account of the particular
conditions obtaining in each area. It therefore prefers to
set Community targets and allow Member States a free
hand in the measures they adopt.

In its proposal amending the Directive on containers of
liquids for human consumption, for instance, the
Commission will set a recovery target for each packaging
material, to be attained within a fixed period. It will not
lay down the methods and measures to be applied to this
end.

On the particular question of tin and its recovery for
recycling, the Commission acknowledges that the two
methods most commonly used at present are:

(a) the magnetic separation of household waste, and

(b) the separation of ferrous residues after incineration
of household waste.

The method of collection adopted will affect the quality
of the collected product.

C) SEC(89)934.

WRITTEN QUESTION No 839/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(4 April 1990)_

(90/C 303/57)

_Subject:_ Validity of identity cards for the severely
disabled

1. To what extent are identity cards for the severely
disabled issued in one Member State recognized in other
Member States?

2. Does the Commission consider it necessary to take
action in this area?

Answer given by Ms Papandreou
on behalf of the Commission

_(21_ _May 1990)_

Many Member States already have laws or regulations
providing for identity cards for the disabled. Such cards,
which are issued to disabled persons, whether child or

adult, confer advantages of varying degrees depending on
the Member State (tax reductions, reduced fares,
miscellaneous allowances, parking facilities, etc.).

In general, the issue of such a card by the authorities of a
Member State officially acknowledges the holder to be
disabled, and cards are issued on terms which vary from
one Member State to another.

It therefore appears difficult at present to arrange for the
advantages conferred by the possession of a disability
card issued in one Member State to be extended to all 12

Member States, given the differences between the various
countries' laws relating to the disabled.

The issue of a European identity card for the disabled also
raises the delicate problem of confidentiality and the right
to privacy of the disabled. That is why general acceptance
for any more in this field is not forthcoming and why the
issue raises objections which the Commission is obliged to
take into account.

It will be by persuading the Member States and
advocating a comprehensive and consistent policy to help
the disabled that it may be possible in the future to arrive
at a consensus on this question.

WRITTEN QUESTION No 841/90

byMrHeinzKohler(S)

to the Commission of the European Communities

_(4 April 1990)_

(90/C 303/58)

_Subject:_ Application of EC competition rules to the
German Democratic Republic

Are measures to promote economic development (e.g.
investment subsidies) in the German Democratic Republic
by the German Federal Government or the governments
of the federal German Lander up to the time of legal
reunification subject to the competition rules of the
European Community?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(20 July 1990)_

The Government of the Federal Republic of Germany has
agreed to inform the Commission of all measures to be
taken to rebuild the German Democratic Republic
economy, irrespective of whether these would fall under
Article 92 (1) of the EEC Treaty or not. Even before
unification, this process will allow for complete
transparency on all interventions and adherence to the
principles of Community competition law on aids given

^ 1 ^ 0 COfficial Journal of the European Communities ^oC^Oo5u^

hytheEederalR.epuhlicof(Germany^eitherhytheEederal
Co^ernment or the Lander authorities. The Commission

will examine these measures and decide whether they
constitute state aids and decide on their compatihility so
as to allow what is now East Cermany to advance
economically while making sure thatCerman industry
d^oth East and ^est^ does not gain an unfair advantage
o^erits counterparts in otherCommunity countries'

COne major scheme has already heen notified. Its
examination has repealed no particular competition
problems^ not least since the scheme is open to
applications from all EC companies without
discrimination The Eederal (Government has made it
clear that nondiscriminatory access of all Community
firms irrespective of their place of establishment to aids
for the de^elopmentof East (Germany is an important
principle of its future aid policy^

by^rCarlos^oblesP^uer^PPE^

to the Commission ofthe European Communities

^ ^ ^ ^

^ 0 B C 3 0 3 B ^

^^ceEuropeanresearchandindustrialcompetiti^ity
in the microelectronics sector

By the end of t ^ t ^ tOyearswillha^epassed since the
launching of the microelectronics programme^which was
followed by the two stages of the Esprit programmed In
spite of the promising results of the series of programmes^
European industry does not appear to ha^e improved its
competitive situation in the electronics sector and
particularly in that of components. Cm the contrary^
duringthis period both the trade deficitand the European
share of world output in this important industry appear to
ha^e worsened.

Proof of this situation appears in Council Regulation
^EEC^ ^ o o 5 ^ B ^ ( ^ thereby the autonomous
Common Customs Tariff duties on certain industrial

products ^in the microelectronics and related sectors shall
be temporarily suspended.The Annexes to this containa
large number of products whose'production is at present
inadequate ornonexistentwithin the Community.

Can the Commission bring forward its forecasts on
concerting the research result into success for the
European industryin this ^itallyimportantsector^

^ o o j ^ o L ^ m ^ M m ^ D m e

Answer given by ^rPandolfi
on behalf ofthe Commission

LOespite the persistence of problems in the Community^
microelectronics industry^ there is no doubtthat since
European programmes have been undertaken^ there has
beenasubstantialimprovement.Inorder reassess the
improvements itwouldbemisleading t o p u t t o o m u c h
emphasis on single indicators such as the balanceof trade.
Thesehave t o b e appreciated withinthe context of the
industrial performance in the sectors and in the light of
the overall evolution and changes which have taken place
overthelastdecade in the European and world markets.

The production of electronic components in the
Community has grown at an average annual rate o f ^ ^
since t ^ t . Community exports of electronic components
represent DO^of production and this rate has stayed quite
stable duringthedecade^while the export rate for active
components^ comprising semiconductors^ has increased
f r o m ^ O ^ o f t h e p r o d u c t i o n i n t ^ t t o ^ ^ i n l ^ ^

In the same periods the European demand for electronic
components has grown at the exceptional rate of t ^ ^
on average. Therefore^ despite the steep increase in
European production mentioned above^ the rise in
demand has beenoutstripping the capacity of domestic
components to satisfyit.

In this contexts it is^ of course^amatter of concern that

European production is still insufficient in specific
products^ as listedindetail in the Annexes to Council
regulation (^EEC^ l ^ o ^ ^ B ^ for temporary tariff
suspension.

It is important to note^ however^ that European
electronicsenterpriseshavedemonstratedtheir capacity
to adapttoavery demanding competitive environments by
increasing R.o^lO and other investments restructuring and
forging strategic alliances. In 1 ^ ^ the market growth in
semiconductors was t ^ ^ i n the Communiry^as compared
to tO^worldwide. The combined increase in sales of the

three largest European companies was significantly
higher than the average market growth. This is an
important indication of the future possibilities for
obtaining betterpositions.

Alargeproportionof t h e i t e m s i n t h e l i s t a n n e x e d t o
Regulation ^EEC^ l ^ o ^ ^ B ^ relates to computer
memories and components for computer peripherals. In
this contexts it is not a coincidence that Jessie in

conjunction with the work undertaken in Esprit^
addresses the submicron technologies required for
computermemories^ and that the nextphaseofEspritwill
place renewed emphasis on technologies for computer
peripherals.These actions will be organized in suchaway
as to create synergies between the programmes^ to

No C 303/30 Official Journal of the European Communities 3. 12. 90

establish links between users and producers, and to secure
ready availability of technology for the benefit of the
Community's industry at large.

The Commission is confident that the initiatives being
undertaken in the area of technology transfer, together
with a coherent set of measures in other areas, will assure
the economic conditions and climate necessary, to permit
the European electronic components industry to sustain
its role in a highly competitive global market.

WRITTEN QUESTION No 871/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 303/60)

_Subject:_ Irregularities in respect of waiting lists for
kidney transplants

The Eurotransplant Centre situated at Leyden in the
Netherlands, which covers the Benelux countries, the
Federal Republic of Germany and Austria, draws up
waiting lists for kidney transplants. Officially, the
selection of patients from these lists is based on cell
compatibility.

According to Doctor Andre Wynen, Chairman of the
Belgian Chamber of Medical Practitioners, other,
ethically inadmissible criteria are used. Many of the
available kidneys are transplanted into (rich) patients
from countries not affiliated to Eurotransplant. This was
highlighted by a BRT documentary ('Panorama'),
revealing that, of the 210 patients on a waiting list for
kidney transplants in the Erasmus Hospital in Brussels, no
less that 160 of them were Italian.

Because of the excessive number of dialysis centres in
Belgium, some are scarcely able to make ends meet and
are therefore afraid of losing patients from the waiting
lists, particularly the many young patients who are 'safe
long-term prospects'.

— Given the excessive number of problems arising from
the market in kidney transplants, does not the
Commission consider that independent Community
rules should be drawn up to protect those undergoing
dialysis treatment for kidney problems?

— Does not the Commission consider that, in the light
of additional information currently available in this
area, its answer to my Written Question No 12/90 (')
could be reviewed and expanded?

(') See page 13 of this Official Journal.

Answer given by Ms Papandreou
on behalf of the Commission

_(14 May 1990)_

The Honourable Member is referred to the Council
resolution of 16 June 1986 ( [x] ) about the protection of
dialysis patients by minimizing their exposure to
aluminium. Apart from the action envisaged in that
resolution the Commission does not plan any measures
specifically to defend the interests of renal dialysis
patients.

In this context, the Commission would refer the

Honourable Member to its answer to his Written
Question No 12/90 ( [2] ).

0) OJ No CI 84, 23.7.1986, p. 16.
_Q)_ See page 13 of this Official Journal.

WRITTEN QUESTION No 883/90

by Mr Patrick Lalor (RDE)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 303/61)

_Subject:_ Follow-up to European Cancer Year

Now that the European Cancer Year has ended, will the
Commission indicate what new proposals it intends to
present to maintain Community action in this area,
particularly with regard to education schemes and
increased scientific research?

Answer given by Ms Papandreou
on behalf of the Commission

_(28 June 1990)_

The Commission has already made proposals for the
second action plan 1990 to 1994 (') on which the
European Parliament gave a positive opinion in its March
plenary session.

This proposal was formally adopted by the Council of
Health Ministers on 17 May.

Thereafter, the Commission will immediately publish its
detailed action plan which will be an updated version of
the Commission document on that subject ( [2] ).

O COM(89) 210 final.
( [2] ) SEC(89)648.

3. 12. 90 Official Journal of the European Communities No C 303/31

WRITTEN QUESTION No 884/90

by Mr Patrick Lalor (RDE)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 303/62)

_Subject:_ Trade barriers in the bread market

Can the Commission indicate what impact '1992' will
have on free trade in the bread market, what trade
barriers in this sector remain to be dismantled, and what
opportunities exist for cooperation in the bread industry?

WRITTEN QUESTION No 1051/90

by Mrs Cristiana Muscardini, Mr Antonio Mazzone and
Mr Giuseppe Rauti (NI)

to the Commission of the European Communities

_(11_ _May 1990)_

(90/C 303/63)

_Subject:_ Bread making

Does the Commission not consider it necessary to adopt a
Community directive banning additives in ordinary bread
and drastically limiting their use in special breads, while
making the use of natural products obligatory and
banning the use of frozen dough for bread making?

Should not such a directive ban the manufacture of the

frozen product and ban the retailer from carrying out the
final baking?

Finally, can the Commission state if there are plans to
establish in the EC countries a homogeneous standard of
quality and will it request States which still have a fixed
price to abolish it before such action becomes obligatory
in 1993?

Joint answer to Written Questions Nos 884 and 1051/90

given by Mr Bangemann
on behalf of the Commission

_(11 July 1990)_

The Commission is unable to quantify precisely what
impact completing the internal market in the bakery
products sector will have on trade.

It should be noted in this connection, however, that
bakery products traded between Member States account
for only around 3 % of the total sales of bakery products
in the Community at present. Traditionally the main
reasons for this low percentage have been the relatively
high cost of transport, the large proportion of

non-industrial producers of bakery products and the
different eating habits and preferences of consumers in
the Member States of the Community.

Nonetheless, the recent introduction of techniques
involving the deep-freezing of bakery products and the
merger and acquisition activity being undertaken by firms
from various Member States in this sector are already
contributing to an increase in the volume of
intra-Community trade in bakery products.

This suggests that the Community's industries and
consumers are set to benefit more in future from the

opportunities which the completion of the internal market
will provide.

Apart from the general subject of additives which the
Commission is currently examining, it has no plans to
draft any additional specific Community legislation for
the purpose of completing the internal market in this

sector.

Although the general reaction to this situation is
favourable, there is evidence that certain Member States
are continuing to apply their own internal measures in this
sector of industry, such as a ban on the marketing of
frozen bakery products or limits on salt or moisture
content, all of which have the effect of hampering trade.

Whatever the case, the application of Articles 30 to 36 of
the EEC Treaty, observance of Community directives and
the case law of the Court of Justice developed from the
'Cassis de Dijon' judgment will ensure that barriers to
trade for which there are no legitimate grounds under
Community law are removed and that the internal market
is fully implemented in this area.

Lastly, it should be pointed out that the Community
programme of research and development in the field of
food science and technology (Flair) provides a useful
vehicle for cooperative research in the bakery products
sector and proposals for research projects in this area
have already been received.

WRITTEN QUESTION No 909/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(17 April 1990)_

(90/C 303/64)

_Subject:_ The firm Nitrastur

The firm Nitrastur is due to begin production in Langreo
(Asturias, Spain) in the near future. In that urban area,
which has already been declared a 'polluted air zone' (in
accordance with Royal Decree No 84 of 1973) it has
already been necessary to adopt measures restricting
industrial activity because of the high level of pollution
which exceeds the limit values laid down.

No C 303/32 Official Journal of the European Communities 3. 12. 90

1. In view of the fact that the Asturian Government is to

launch a plan in the chemical sector to clean up the air,
can the Commission say to what extent the Asturian
authorities intend to require the firm Nitrastur to
apply Community legislation, in particular the
following Directives:

(a) Directive 82/501/EEC (*) on the major-accident
hazard of certain industrial activities;

(b) Directive 84/360/EEC ( [2] ) on the combating of
air pollution from industrial plants;

(c) Directive 85/203/EEC ( [3] ) on air quality
standards for nitrogen dioxide?

2. I should be grateful if the Commission would let me
have all the information it is able to obtain on this

subject.

O OJ No L 230, 5. 8.1982, p. 1.
O OJN0LI88,16.7.1984, p. 20.
O OJ No L 87, 27. 3.1985, p. 1.

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

_(20 June 1990)_

The Commission does not have any specific information
on the measures adopted by the Spanish authorities in
respect of Nitrastur pursuant to Directives 82/501/EEC
and 84/360/EEC.

It will be contacting the Spanish authorities to obtain
information on this subject.

With regard to Directive 85/203/EEC, the Spanish
authorities have informed the Commission that NO2

limits have not been exceeded anywhere in the country.

WRITTEN QUESTION No 915/90

by Mr Christian Rovsing (ED)

to the Commission of the European Communities

_(17 April 1990)_

(90/C 303/65)

_Subject:_ Strike actions in Italy

In view of the repeated and particularly unpleasant
harassment arising from tactical obstacles to trade in
connection with the blockade of the Italian border in

February and March 1990, a situation of which the
Commission is not unaware, what steps has it already
taken or does it intend to take to guarantee the free
movement of goods and ensure that the resulting violence

against persons and destruction of property can be
brought to an end as soon as possible?

I am sure that the Commission will appreciate that this
extremely serious question requires a speedy response.

Answer given by Mrs Scrivener
on behalf of the Commission

_(19 July 1990)_

The free movement of goods was disrupted by two strikes
in Italy during February and March: Italian customs
officers worked to rule to press for reform of the Italian
customs administration and lorry drivers went on strike in
response to Austria's night-time ban on heavy goods
traffic.

The first of these industrial actions was connected with

the reform of the Italian customs administration due later

this year. Following assurances from the Government, the
customs officers resumed normal working.

With regard to the lorry drivers' strike referred to by the
Honourable Member, negotiations between the
Transport Ministers of Italy and Austria are — according
to the Commission's information — still under way.

In another series of negotiations involving the
Commission and the Federal Republic of Germany, it was
possible to reach a number of compromises on Austria's
night-time traffic ban. 'In particular, it was possible to
extend the general exemptions from this ban until the end
of this year.

The encouraging outcome of the ministerial meeting in
Rome on 9 May, attended by the Member of the
Commission with responsibility for transport, augurs well
for rapid overall progress in road transport negotiations
with Austria.

WRITTEN QUESTION No 926/90

by Mr Carlos Pimenta (LDR)

to the Commission of the European Communities

_(17 April 1990)_

(90/C 303/66)

_Subject:_ EC implementation of the Berne Convention

The Community is a signatory to the Council of Europe
Convention on the Conservation of European Wildlife
and Habitats (the Berne Convention).

3. 12. 90 Official Journal of the European Communities No C 303/33

How fully do Community directives implement the
Convention in respect of:

1. birds;

2. plants;

3. mammals;

4. habitats?

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

_(21 June 1990)_

The European Community is implementing the
Convention by exercising the powers conferred upon it
under existing common rules, and in particular Directive
79/409/EEC of 2 April 1979 on the conservation of wild
birds (*). With regard to habitats and other species, in
1988 the Commission sent the Council a proposal for a
Directive on the protection of natural and semi-natural
habitats and of wild fauna and flora ( [2] ).

O OJNoL 103,25.4.1979.
O OJ No C 247,21. 9.1988.

WRITTEN QUESTION No 979/90

by Mrs Marlene Lenz (PPE)

to the Commission of the European Communities

_(25 April 1990)_

(90/C 303/67)

_Subject:_ EC measures to promote au pair schemes

A large number of young people in the Community obtain
their first experience abroad as au pairs. The objectives of
this scheme correspond to those of EC exchange
programmes, that is to say learning foreign languages and
human and cultural contacts.

Does the Commission consider it possible to facilitate and
support such special schemes for young people to travel
abroad and European au pair placements as part of the
EC programmes, in particular 'the Youth for Europe' and
Lingua programmes?

If not, will it make fresh proposals to promote au pair
schemes and associations?

Answer given by Ms Papandreou
' on behalf of the Commission

_(4 July 1990)_

The Commission has no plans at this stage to propose
giving Community support to individual stays abroad
under au pair schemes and the like.

WRITTEN QUESTION No 990/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(25 April 1990)_

(90/C 303/68)

_Subject:_ Relations between the EEC and Cuba

Bearing in mind the new relations between the European
Community and the Council of Europe and the Comecon
member countries and considering the importance of
mutually beneficial economic and commercial
cooperation and the contribution it may make to
improving international relations, can the Commission
say whether, in view of the new situation, it is considering
measures to encourage economic and commercial
cooperation with the non-European member countries of
Comecon, more particularly Cuba, in view of its
geographical position and cultural affinity with
Community countries and the existing relations between
the Community and the countries of Latin America?

WRITTEN QUESTION No 1008/90

by Mrs Guadalupe Ruiz-Gimenez Aguilar (LDR)

to the Commission of the European Communities

_(11_ _May 1990)_

(90/C 303/69)

_Subject:_ EEC relations with Cuba

Can the Commission explain the state of relations
between the Community and Cuba?

Is there any economic cooperation or trade agreement
with this country?

If not, does the Commission intend to negotiate any type
of agreement with Cuba?

Joint answer to Written Questions Nos 990 and 1008/90

given by Mr Matutes
on behalf of the Commission

_(10 August 1990)_

So far relations between the Community and Cuba have
followed the same pattern as those between the
Community and the Council for Mutual Economic
Assistance (CMEA). Diplomatic relations were
established only in 1988.

Nevertheless, in the last two years there has been a great
difference in the way in which the respective situations
have evolved.

Although the rate of change in relations with the
European members of the CMEA has speeded up,
relations with Cuba have developed haphazardly.

The Commission has accredited its representative in
Mexico to the Cuban Government.

No C 303/34 Official Journal of the European Communities 3. 12. 90

A Cuban delegation, headed by the Deputy Minister for
Foreign Trade, has visited the Commission and expressed
a wish for closer cooperation with the Community.

The Cubans suggested, to begin with, that various
individual matters should be discussed, preceded by
wider-ranging talks which, however, have not yet taken
place.

The Commission has indicated its willingness to examine
the practical scope for cooperation in areas such as trade
promotion, implementation of the GSP and tourism.

The parties exchanged letters on 11 September 1989,
thereby giving Cuba access to the GSP for textiles as from
this year.

The Commission has followed political developments in
Cuba with interest and has contributed actively to
Community discussion of the matter.

The Community is prepared to consider going further.

However, it is not up to the Commission alone to create
the necessary basic conditions.

WRITTEN QUESTION No 1001/90

by Mr Guiseppe Mottola and Mr Guilio Gallenzi (PPE)

to the Commission of the European Communities

_(25 April 1990)_

(90/C 303/70)

_Subject:_ Referendum in Italy on the abolition of hunting

Community law is in favour of hunting and its related
activities from, for example, the environmental, social and
sporting point of view.

The Italian Constitutional Court has already confirmed in
a recent decision (CC Cost. 1990) that the referendum
cannot breach the limits defined by Community law.

Is the Commission aware that Italy is about to hold a
referendum on the abolition of hunting?

What measures does it intend to take to protect hunting
and its related activities, given that Community law is not
indifferent to this activity?

Furthermore, would the abolition of laws allowing
hunting in an individual Community Member State be
compatible with the substance of Community law?

Would this not be a blatant violation of the obligations
deriving from the Treaty and the general harmonization
of European laws?

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

_(20 June 1990)_

Bird hunting is regulated in the European territory of the
Member States to which the Treaty applies according to
Article 7 of Directive 79/409/EEC ('). However in
accordance with Article 14 of this Directive, Member
States may introduce stricter protective measures than
those provided for under this Directive. Abolition of
hunting in an individual Member State would therefore
be compatible with Community law.

O OJ No L 103,25.4.1979.

WRITTEN QUESTION No 1005/90

by Mr William Newton Dunn (ED)

to the Commission of the European Communities

_(11 May 1990)_

(90/C 303/71)

_Subject:_ Life insurance Commission payments

With the dismantling (in the United Kingdom) of the
Maximum Commission Agreement for remuneration of
intermediaries in the insurance industry, would the
Commission regard it as anti-competitive for the
insurance industry instead to have an Optimum
Commission Agreement — to provide protection for the
consumer against 'advisor bias' ?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(27 June 1990)_

The Maximum Commissions Agreement was formally
abolished on 1 January 1990, in the light, _inter alia,_ of the
views expressed by the Commission. This was a voluntary
agreement which applied to members of the Life
Insurance and Unit Trust Regulatory Organization
(Lautro) under which adherence to the agreement
absolved the members from disclosing, unless specifically
requested, the amount of any commission they paid to an
independent intermediary. They were required only to
indicate adherence to the agreement itself (soft
disclosure).

The MCA was a price agreement which is expressly
prohibited by Article 85 (1) (a) of the EEC Treaty. The
incentive of soft disclosure meant that the buyer of a life
policy to which the agreement applied was not always

3. 12. 90 Official Journal of the European Communities No C 303/35

informed of the amount paid (by him) to the
intermediary.

This does not however mean that maximum commission

agreements in this sector would never qualify for
exemption under Article 85 (3) where exceptionally the
conditions of this Article are met.

The Commission cannot comment on the Optimum
Commission Agreement mentioned by the Honourable
Member without knowing further details of how it would
operate beyond stating that it may be difficult to establish
in any field an optimum price agreement which would not
be susceptible of falling foul of the prohibition against
price agreements in Article 85 (1). An assessment under
Article 85 (3) would be equally difficult in the absence of
further information.

WRITTEN QUESTION No 1018/90

by Mr Rafael Calvo Ortega (LDR)

to the Commission of the European Communities

_(11_ _May 1990)_

(90/C 303/72)

_Subject:_ The principle of additionality in the Structural
Funds

The principle of additionality in the Structural Funds
ensures that Community aid does not reduce the
corresponding total amount which the Member States
would have spent had such funds not existed. This
principle, which is termed 'complementarity' in Article 4
of Regulation (EEC) No 2052/88 (*), can be monitored in
various ways.

What method is the Commission currently using for such
checks?

To what extent was the principle observed in 1989 in
respect of each of the Member States?

O OJNoL185, 15.7.1988,p. 9.

Answer given by Mr Christophersen
on behalf of the Commission

_(19 July 1990)_

The principle of additionality to which the Honourable
Member refers is based on Article 9 of the coordinating
Regulation (EEC) No 4253/88 (').

By subscribing to Community support frameworks
(CSFs), the Member States undertake to ensure.that
increase in transfers from the Community funds will have
a genuine economic impact and result in at least an
equivalent increase in total structural expenditure
(national and Community).

The Commission checks and periodically assesses
application of the principle of additionality in cooperation
with the Member States.

The bulk of 1989 was spent on negotiating and
establishing the CSFs, which are the main channels of the
reform. Accordingly, it is not until the end of 1990, the
first year when the reform will have been operating at
cruising speed, that an initial assessment of the impact of
additionality will be possible.

The Commission has already undertaken methodological
work oh _ex ante_ assessment of the CSFs and is currently
considering the most appropriate means of assessing
respect for the principle of additionality.

The assessment will continue at regular intervals
throughout the launching of the CSFs and during their
implementation.

O OJNoL374,31. 12.1988.

WRITTEN QUESTION No 1045/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(11_ _May 1990)_

(90/C 303/73)

_Subject:_ Community legislation and the building of the
Ossa Montiel-Lagunas de Ruidera Natural Park
road

The provincial council (diputacion provincial) of Albacete
(Spain) is constructing a road from the village of Ossa
Montiel to the Lagunas de Ruidera Natural Park. Since
the work will cause severe damage and have unacceptable
ecological consequences, this scheme ought to be
preceded by a study of its impact on the environment,
pursuant to Directive 85/337/EEC (').

1. Will the Commission urgently request full details
from the Spanish authorities of just how Directive
85/337/EEC is being applied in this specific instance?

2. Will the Commission take steps to ensure the correct
and effective application of this Directive?

O OJNoL175,5.7.1985, p. 40.

WRITTEN QUESTION No 1046/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(11_ _May 1990)_

(90/C 303/74)

_Subject:_ Construction of the Oviedo ring-road

The Spanish Ministry of Public Works intends to build a
ring-road around the city of Oviedo (Asturias). The

No C 303/36 Official Journal of the European Communities 3. 12. 90

repercussions of the planned route of this road could be
damaging not only to natural resources and the
environment but humans as well.

The decision on whether to give permission for this
scheme to be implemented must take its impact on the
environment into account, pursuant to the procedure laid
down in Directive 85/337/EEC ('), which states that
projects likely to have significant effects on the
environment by virtue _inter alia_ of their nature, size or
location are made subject to an assessment with regard to
their effects (Article 2). Article 8 states that the
information gathered in this assessment must be taken
into consideration in the development consent procedure.

1. Will the Commission ask the Spanish authorities, as a
matter of urgency, to inform it of how Directive
85/337/EEG is being applied in the case in question?

2: Will the Commission take steps to ensure that the
Spanish authorities apply this Directive correctly and
effectively?

O OJ No L 175, 5.7.1985, p. 40.

Joint answer to Written Question Nos 1045 and 1046/90
given by Mr Ripa di Meana
on behalf of the Commission

_(3_ _August 1990)_

The Commission has taken note of the Honourable

Member's observations.

It will ask the Spanish authorities to provide more
detailed information on the case in question and the
measures it plans to take to fulfil the obligations deriving
from Directive 85/337/EEC.

With regard to national regulations relating to impact
studies, we would stress that under Spanish legislation the
procedure provided for by the aforesaid Directive does
not apply to the projects listed in Annex II (with the
exception of projects relating to reforestation, extraction
by open-cast mining and large dams). On the grounds of
incomplete transposition of the Directive into Spanish
legislation the Commission has decided to institute the
procedure provided for by Article 169 of the Treaty.

WRITTEN QUESTION No 1050/90

by Mrs Cristiana Muscardini, Mr Antonio Mazzone, Mr
Giuseppe Rauti and Mr Gianfranco Fini (NI)

to the Commission of the European Communities

_(11 May 1990)_

(90/C 303/75)

_Subject:_ Review of Directive 80/778/EEC

Can the Commission state if and when it intends to

reconsider and, possibly, review the parameters fixed for
antiparasitic agents in Directive 80/778/EEC (') in view
of the fact that on 28 January 1988 the European

Parliament's Committee on the Environment

unanimously supported such a move through the Collins
Report (Doc. A 2-0298/87) and given that in certain
Member States, such as Italy, the implementation of this
Directive is having a harmful effect by penalizing farmers
forced to replace their atrazine stocks with products
which are often more expensive?

O OJNoL229,30.8.1980, p. 11.

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

_(28 June 1990)_

The Commission does not at present intend to propose
modifications to the maximum admissible concentrations

(MACs), set in Council Directive 80/778/EEC, for
individual and total pesticides in drinking water.

Adoption by Council in 1980 of the low MACs for
individual and total pesticides was based on the view that
such substances should not be present in drinking water
and that their use should take place in such a way that
drinking water sources would not be affected. Such low
limits are a precaution against the unknown adverse
health effects which combinations of pesticides in
drinking water may produce.

The Commission underlines that its clear objective is that
drinking water must be suitable for human consumption
even if such objective implies inevitable costs for farmers.

Since pesticides have already reached many supplies, the
consumer has, for some time, either been paying for a
supply of water which is contaminated, or has borne the
cost of the removal from his water supply of pesticides
present due to the activities of farmers and other pesticide

users.

In either case, it is the consumer and not the polluter who
has been penalized, and who will continue to be until
long-term measures preventing contamination of our
water supplies by pesticides are taken.

WRITTEN QUESTION No 1060/90

by Mrs Ursula Schleicher (PPE)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 303/76)

_Subject:_ Proposal for a Council Directive on the
advertising of tobacco products in the press and
by means of bills and posters

During the European Parliament's plenary debate on this
Commission proposal for a Directive in March 1990, the

3. 12. 90 Official Journal of the European Communities No C 303/37

questions I raised received only vague answers from the
Commission's representative. May I therefore request
written answers to the following questions:

1. Can the Commission indicate instances in which

differing provisions with regard to the advertising of
tobacco products in the press and by means of bills
and posters have obstructed free trade and where it
expects obstacles to occur in future?

2. In some Member States industry operates extensive
voluntary restraints in particular with regard to
advertising. Can the Commission indicate which of
the Directive's objectives, and in which Member
States, have already been achieved in the past by
voluntary restraint on the part of industry and the
extent to which in future the parties to such voluntary
agreements will cancel them as a result of the
Directive?

3. Has the Commission held talks with the industries

concerned — the cigarette, tobacco products, cigar
and avertising industries — on the possibilities for
voluntary restraint in advertising and what was the
outcome of these talks ?

4. Can the Commission provide a list of the scientific
material it evaluated as the basis for its proposals and
from which a direct link between tobacco advertising
and total tobacco consumption can be inferred?

5. What information does the Commission have on the

economic implications of the application of such a
Directive on the advertising industry, in particular on
small and medium-sized firms and small and

medium-sized industries in the tobacco and tobacco

products sector?

Answer given by Ms Papandreou
on behalf of the Commission

_(4 July 1990)_

1. The Commission would refer the Honourable

Member to its answer to his Oral Question No
O-69/90 O where it was stated that the majority of the
Member States have different regulations on tobacco
products advertising in the press and by means of bills and
posters. It is therefore necessary to ensure, under
Article 100A of the EEC Treaty, the free movement of
such publications in order to prevent obstacles to trade
arising as a result of these publications, bills and posters
failing to comply with the national provisions. In that
context, the Commission has made an amended proposal
for a Council Directive on the authorized advertising of
tobacco products in the press and by means of bills and
posters ( [2] ).

2 and 3. On the subject of the 'maximum tar yield
Directive' the Commission has already declared that
voluntary agreements concluded with private partners can
in principle contribute to the implementation of the
Directive. Nevertheless, this does not discharge Member

States from their responsibility towards achieving the
objectives set out by the Directive.

4. Data collected in all the studies done by independent
scientific and health authorities, show that tobacco
products advertising increases total consumption and not
only a brand market share.

They also conclude that governmental measures to reduce
tobacco products consumption must include advertising
restrictions.

In fact, advertising is intended to and does act as a
encouragement to consumption. Young people are the
most attractive target: 60 % of smokers started by the age
of 13 and more than 90 % of smokers began before the age
of 20. Only 10% of current smokers began as adults. The
New Zealand authorities, for instance, published in 1989
a full report on the subject entitled 'Health or tobacco: An
end to tobacco advertising and promotion'.

5. In respect of the economic impact of the
implementation of this Directive on the advertising
industry, we must use as an example the total amounts
spent on advertising in Portugal and Norway — countries
having a total ban on advertising. In fact, in Portugal, the
total advertising expenditure was Pta 2 268,6 million in
1980 and this rose to Pta 32 764,1 million in 1988. In
Norway, the average annual increase in advertising
expenditure was more significant during the eight years
following the tobacco advertising ban than in previous

years.

With the adoption of this Directive small and medium
publishing houses, in particular, will find a guarantee of
free circulation for their products. In fact, the same
advertising opportunities are given to everybody.

The Commission would refer the Honourable Member to

the special issue on tobacco advertising of the 'Newsletter
— Europe for smoking prevention No 7' —
Oct-Nov-Dec 1989, published by the European bureau
for action on smoking prevention (BASP), Brussels.

(') Debates of the European Parliament.
O COM(90) 147 final.

WRITTEN QUESTION No 1072/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 303/77)

_Subject:_ Extradition of criminals

What proposals does it have to improve the extradition of
Community nationals accused of a crime in another
Community country?

No C 303/38 Official Journal of the European Communities 3. 12. 90

WRITTEN QUESTION No 1236/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/78)

_Subject:_ Harmonization of extradition procedures

What progress is the Commission making towards
coming forward with proposals designed to harmonize
extradition procedures between Member States? Will such
proposals override existing national arrangements? Is it
not essential that such arrangements are in force prior to
1992 if the spirit of the Single European Act is to be
observed?

Joint answer to Written Questions Nos 1072 and 1236/90

given by Mr Bangemann
on behalf of the Commission

_(15 June 1990)_

The Commission has no present intention of bringing
forward any proposals for Community legislation in this
area but it has not entirely ruled out the possibility if the
necessary coordination between the Member States fails
to materialize. The issue of effective extradition

arrangements between all the Member States is not,
however, restricted to Community nationals but extends
to all persons convicted or suspected of a criminal offence
in one Member State, who then go to another Member
State.

In its White Paper on completing the internal market
(June 1985), the Commission identified coordination of
the Member States' national rules on extradition as an

indispensable concomitant to the removal of internal
border controls on persons. In the Commission's
communication to the Council of 7 December 1988 (*),
the Commission put forward its present view that such
essential coordination would be greatly assisted if the
Member States were to ratify the Council of Europe's
European Convention on Extradition of 1957 and its two
Protocols of 1975 and 1978, and were to coordinate, as
far as possible, their reservations.

These matters are discussed in the forum of European
political cooperation with which the Commission is fully
associated. All but two Member States have now ratified

this Convention. The Commission expects that the other
two Member States will ratify within a relatively short
time. The ratification of the two Protocols has not

advanced so far.

Considerable progress has also been made in these
discussions to improve the process of extradition between
Member States of the Community. In its communication
to the Council of 7 December 1988 mentioned above, the
Commission urged the Member States to introduce, if
possible, modern methods of communicating extradition

requests. The Commission therefore very much welcomed
the agreement to simplify and modify the modes of
transmission of such requests which was reached in 1989
and which has now been signed by all but three Member
States.

Finally, all Member States have ratified the Council of
Europe's European Convention on the Suppression of
Terrorism 1978. This Convention enables extradition

between the Member States of terrorists.

O COM(88)640.

WRITTEN QUESTION No 1096/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 303/79)

_Subject:_ Implications of Council Regulation (EEC) No
355/77 for Greece

Council Regulation (EEC) No 355/77 (*) is concerned
with the modernization of processing and marketing
structures and is the most fundamental direct horizontal

measure under the European Agricultural Guidance and
Guarantee Fund.

Can the Commission say what amount of the available
funds has been absorbed by Greece, giving all available
information (number of those entitled to funds, number
of holdings benefiting, etc.) on the practical
implementation of this Regulation in the Prefecture of
Ilia?

O OJ No L 51, 23.2.1977, p. 1.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(17 July 1990)_

For the period 1981 to 1989 the total amount of aid
granted for Greek projects under Council Regulation
(EEC) No 355/77 of 15 February 1977 is Dr
52 600 867 160. Payments made up to 31 December 1989
amount to Dr 14 453 820 739. The percentage utilization
is 27,48 %.

For trie same period eight projects were financed in the
prefecture of Ilia:

81.41 GR 017.0 A maize store at Lechena

81.41 GR 019.0 A processing unit for dried grapes at
Pyrgo

83.41 GR 057.0 A silo at Epitalio

3. 12. 90 Official Journal of the European Communities No C 303/39

87.41 GR 026.0 A potato grading centre at Douneika

87.41 GR £ 2 5.0 A potato grading centre at Lechena

87.41 GR 028.0 A fruit and vegetable station at
Epitalio

87.41 GR 070.0 An olive oil processing unit at
Zacharo

89.41 EL 024.0 A slaughterhouse at Pyrgo

WRITTEN QUESTION No 1099/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 303/80)

_Subject:_ Right of workers to information on
environmental aspects of the undertaking
employing them

It is important for workers employed by undertakings to
be informed about the state of development of the
environment and the environmental hazards which may
be caused by the activities of their undertaking.

Can the Commission propose Community measures in
this area? If so, what measures?

Answer given by Ms Papandreou
on behalf of the Commission

_(26 June 1990)_

On a proposal from the Commission, the Council has
already approved Directive 89/391/EEC (') which sets
out the employer's obligation to inform his employees
about any hazards arising from their jobs and their
environment.

Moreover, Directive 82/501/EEC on the major-accident
hazards of certain industrial activities ( [2] ) is aimed at
preventing major accidents which could arise from certain
industrial activities and limiting their consequences for
mankind and the environment. Articled of the Directive

lays down that Member States must take the necessary
measures to ensure that all manufacturers are required to
prove at any time that they have identified existing
major-accident hazards, taken the appropriate safety
measures, and provided the persons working on the site
with information, training and equipment in order to
ensure their safety.

0) OJNoLl83,26.6.1989.
O OJ No L 230, 5. 8.1982, p. 1.

WRITTEN QUESTION No 1103/90

by Mr Michael Welsh (ED)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 303/81)

_Subject:_ Cross-media shareholdings

The Commission will be aware of widespread concern
about the concentration of control over the media in a

limited number of conglomerates. The regulation on
merger control leaves the question of control of the media
to the Member States. Does the Commission regard this
as final or will it produce proposals to limit cross-media
shareholders which would restrain, the scope for
concentration of control in this vital sector?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(15 June 1990)_

The Commission is aware that the question of
concentration in the media, referred to by the
Honourable Member, is arousing widespread concern,
which was expressed in the Parliament's resolution of 15
February 1990.

This question was raised in Directive 89/552/EEC (') and
in the Commission's communication on audiovisual
policy of 21 February 1990 ( [2] ), where the Commission
supported the case for maintaining and strengthening
pluralism of the media and freedom of expression in the
EEC.

At the same time, it recognized that the existing
Community competition rules might be insufficient and
inappropriate in some cases to prevent cross-media
mergers from endangering pluralism and that national
provisions, where they existed, might be a more effective
instrument. For that reason, the merger control regulation
considers pluralism of the media as a 'legitimate interest'
of Member States, which they are entitled to protect.

In several Member States, legislation on this specific issue
is under discussion. In order to avoid too great a diversity
in the rules governing this matter in the EC, the
Commission is considering the possibility of drawing up a
directive which would harmonize some aspects of the
national laws to ensure that pluralism of the media will
enjoy the same standard of protection in all Member
States.

O OJNoL298,17.10.1989, p. 23.
O COM(90) 78 final.

No C 303/40 Official Journal of the European Communities 3. 12. 90

WRITTEN QUESTION No 1118/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 303/82)

_Subject:_ Report on social developments in 1988

Can the Commission explain why the report on social
developments in 1988, dated 15 December 1989 (Sec(89)
1929 final), was published only in March 1990?

This occurred despite the fact that the 22nd annual
report, of which, in accordance with Article 122 of the
EEC Treaty, this report forms a part, was forwarded to
Parliament on 14 February 1989.

Does the Commission not consider that this implies a
subordination of the social dimension and an

unacceptable lack of respect in practice for the
prerogatives of Parliament?

Answer given by Ms Papandreou
on behalf of the Commission

_(19 June 1990)_

The appearance of the report on social developments in
1988 was indeed somewhat belated.

The Commission will endeavour to ensure that the 1989

report does not appear so late.

WRITTEN QUESTION No 1135/90

by Mr Francois-Xavier de Donnea and Mr Willy De Clercq
(LDR)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 303/83)

_Subject:_ Taxation on savings

Following the conclusions of the ECO-FIN Council of 18
December 1989:

— Does the Commission consider that the agreement
reached between 11 of the Member States to achieve

greater cooperation among the tax authorities and
reciprocal legal assistance is enough to prevent the
large-scale transfer of capital resulting from the lack
of fiscal harmonization (tax levels and taxation
methods) ?

— Should the agreement prove inadequate after it is
applied, what will the Commission propose to try and
resolve the problem?

— If Luxembourg does not sign the agreement by 30
June, what legal force will the agreement by 11
Member States carry?

— In the Commission's view, to what extent does the

total lack of fiscal harmonization act as a brake on the

launching of phases II and III of Economic and
Monetary Union?

Answer given by Mrs Scrivener
on behalf of the Commission

_(30 July 1990)_

With regard to the taxation of savings, the Commission
tabled in February 1989 two proposals for introducing a
minimum withholding tax and for strengthening
cooperation between tax administrations. The Council
{Economic and Financial Affairs) did not endorse the
withholding tax proposal, focusing its attention on a
strengthening of cooperation between Member States and
at international level. The Commission has assisted the

Council in its attempts to find a solution acceptable to all
Member States and it supports the political agreement
reached by 11 delegations in December 1989. Even so, it
does not intend to amend its initial proposals as long as
the Council has not come up with a solution that is
satisfactory and acceptable to all Member States.

While regretting that the Council has been unable to take
up its proposals on the taxation of savings, the
Commission notes that the full liberalization of capital
movements provided for in the Directive of 24 June
1988 O is not in jeopardy and that it was, in fact, achieved
in a number of Member States before the deadline of 1

July 1990.

O OJNoL178,8.7.1988, p. 5.

WRITTEN QUESTION No 1143/90

by Mr Henry McCubbin (S)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 303/84)

_Subject:_ Fitting of seat belts in minibuses and coaches

Community regulations regarding the fitting of seat belts
to minibuses and coaches cover front seats and exposed
forward facing seats only.

3. 12. 90 Official Journal of the European Communities No C 303/41

Does this legislation permit national derogations for the
fitting of seat belts in all seats for coaches carrying
schoolchildren to and from home and school?

WRITTEN QUESTION No 1144/90

by Mr Henry McCubbin (S)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 303/85)

_Subject:_ Fitting of seat belts in mini-buses and coaches

Article 100a of the European Communities Treaty states
that the Commission's proposals will take a high level of
protection with regards to health, safety, environmental
protection and consumer protection.

In view of the fact that in private cars, seat belts must be
fitted for the benefit of rear seat passengers, does the
Commission believe that existing legislation which
requires the fitting of seat belts in minibuses and coaches
only to be applied to the front or exposed seats is
adequate.

WRITTEN QUESTION No 1271/90

by Lord Inglewoord (ED)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/86)

_Subject:_ Children's seat belts

Is the Commission considering introducing compulsory
seat belts for children in minibuses travelling to school or
on school trips?

If so, when are we likely to see some proposals on this
matter?

Joint answer to Written Questions Nps 1143, 1144 and

1271/90

given by Mr Bangemann
on behalf of the Commission

_(6 August 1990)_

Installation of safety belts is governed by Directive
77/541/EECO (and 76/115/EEC( [2] ) for their
anchorage points), as amended. At present the following
vehicles are covered:

— passenger cars (Mi), and

— buses with a gross vehicle mass of less than 3,5 tonnes
(M2, partly).

In other vehicles, the belts must comply if they are
installed.

After-extensive consultations with experts from all sectors
concerned, the Commission has prepared further
amending directives which would render safety belts
mandatory equipment for all vehicle types. For buses, this
would apply to all non-protected (or exposed) seats.

In so far as vehicles are not covered by an EEC
homologation (type-approval), national legislation may at
present require safety belts to be installed on all seats for
specific buses and coaches. Bus operators may also specify
such belts when purchasing new vehicles, if they so wish.

O OJNoL220,29. 8.1977.
O OJ No L 24, 30.1.1976.

WRITTEN QUESTION No 1148/90

by Mr Peter Beazley (ED)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 303/87)

_Subject:_ Bogus invoices for unsolicited business

It has been brought to my attention that a number of my
British constituents are receiving unsolicited documents
from Holland which purport to be invoices due for
payment. On closer inspection these documents are seen
to relate to the pre-invoice for a potential advertisement
which the receiver is invited to place in a publication
listing suppliers of particular goods or services.

The documents are produced in such a way that some
firms are misled into paying these 'bogus' invoices.

The law in the United Kingdom was recently changed to
outlaw such practices. Is the Commission aware of the
continuance of this bad practice in certain Member States
and will it not consider instituting Community legislation
to protect all Member States from this apparent
deception?

Answer given by Mr Van Miert
on behalf of the Commission

_(4 July 1990)_

The Commission would refer the Honourable Member to

the reply to the Oral Question No H-328/89 by Mr
Hindley, which it gave during question time at
Parliament's December 1989 part-session (').

(') Debates of the European Parliament No 3-384/211
(December 1989).

No C 303/42 Official Journal of the European Communities 3. 12. 90

WRITTEN QUESTION No 1153/90

by Mr Pierre Lataillade (RDE)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 303/88)

_Subject:_ Application of the Council Directive relating to
the transparency of measures regulating the
pricing of medicinal products for human use and
their inclusion in the scope of national health
insurance systems

In principle, Directive 89/105/EEC (') on the
transparency of pricing should have been applied in all the
Member States by 31 December 1989. As from that date,
the Member States must conform to the procedures laid
down in this Directive.

The Member States were to communicate to the

Commission, before 31 December 1989, information on:

— the criteria used to decide which products would be
reimbursed,

— criteria concerning the classification of products for
the purposes of the national social security system,

— verification of the fairness and transparency of
transfer prices,

— the texts of national laws relating to the pricing of
products and their coverage by national health
insurance systems.

Can the Commission say:

1. Which Member States have applied the Directive ?

2. Which Member States have provided the Commission
with the above information?

3. What steps it will take vis-a-vis those Member States
which have not applied the Directive or failed to
provide the information requested before the end of
1989?

0) OJNoL40,11.2.1989, p. 8.

Answer given by Mr Bangemann
on behalf of the Commission

_(28 June 1990)_

1 and 2. With the exception of Italy, all Member States
have notified the Commission of national measures

adopted for the purpose of implementing Directive
89/105/EEC and have communicated additional

information to the Commission.

The Commission is currently examining the information
received in order to verify that the Directive has been
correctly implemented.

3. In the event that a Member State does not comply
with the obligations conferred by the Directive, the

Commission will not hesitate to invoke the powers
conferred upon it by Article 169 of the EEC Treaty.

WRITTEN QUESTION No 1165/90

by Mr Martinez (DR)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 303/89)

_Subject:_ Taxation on capital

1. Can the Commission give a definition of tax
evasion, bearing in mind that, despite a week-long
meeting in Venice, the International Fiscal Association
was unable to reach a scientifically acceptable definition?

2. In its legitimate desire to ensure a single market by
preventing shifts in capital, the Commission is calling for
legislation to be amended so as to lower taxation on
capital. Taxation on income, however, would remain
unchanged. Is the Commission not thereby overlooking
the general legal principle, recognized by the
constitutions of most civilized countries, that fairness
should be maintained in taxation matters?

Answer given by Mrs Scrivener
on behalf of the Commission

_(8 June 1990)_

1. The Commission does not consider it appropriate to
formulate a common definition of the concept of tax
evasion, as this would be very difficult to do given the
very marked diversity of laws in Member States.
Moreover, it takes the view that a common definition is
unnecessary because the exchange of information must be
based on the concept of tax evasion as understood in the
Member State requesting the information,' with the
Member State to which the request is addressed being
obliged to provide assistance irrespective of its own
regulations. This approach has already been adopted in
Council Directive 89/592/EEC on insider dealing (').

2. The Commission has not proposed lowering the
taxation of capital. The proposal for a Directive on a
common system of withholding tax on interest income ( [2] )
confines itself to providing for a minimum rate of
withholding tax in order to discourage shifts in capital
prompted purely by tax considerations. It in no way
affects the right of Member States to tax interest as they
wish, either by making it subject to the general system of
progressive taxation or by applying a special system of
withholding tax in full discharge of tax liability.

O OJNoL334,18.11.1989, p. 30.
O COM(89) 60 final.

3 n^o COfficial journal of the European Communities ^oCorao5B^

^ ^ I T T E ^ ^ E ^ T ^ ^ ^ o t i ^ 3 B ^ 0

hyl^rjoseBarrosl^oura^C^

to the Commission of the European Commumties

t ^ O B C o ^ B ^

^ ^ c ^ . Protection and modernisation of the textile

sector

The permanent social Cooperation Committee,
consisting of representatives of the Portuguese
Covernment, the trade unions and the employers
associations, unanimously adopted, on t^^viarcht^O, a
resolution on the textile sector ^vhich stated^ ^The

progressive opening up of the market to products from
third countries should apply only to countries ^vhich
respect the principle of reciprocal treatment, the rules of
competition la^v, and theminimum^vorkingconditions
and ^vorkers^ social rights ^vhich ^the signatory
organizations^ helieve should he guaranteed under the
fundamental Charter of social Rights^ The organizations
also consider that the rules governing international tr^de
in textiles should includea^mi^i^nm social clauses aimed

atpreventing^unfaircompetition^fromthirdcountries
affectingthe national textile industryD

The trade union and employers^ organisations also
consider that any negotiations on the ^ultifihre
Arrangementmust involved

t^ alengthy transition period for the integration of the
textile sector into CATT^vithavie^vto modernization

of the sector overatime period similar to that enjoyed
hy most of the other ^iemher^tates^

^, thereinforcementandrigorous implementation and
monitoring of the rules and disciplinary procedures of
CATT,and the institution ofaspecific and selective
^safeguard clauses

^, a margin of preference for the Community textile
industry ^ ^ ^ third countries, including Eastern
European countries, on the same lines as in other
sectorsB

Can the Commission state whether and in ^vhat^vays
these concerns are heingdealt^vithB

Answer ^iver^ by ^IrA^driessen
on behalf of the Comrmssio^

^ ^ ^ ^ ^ ^

The Community isactually engaged inthemultilateral
trade negotiations of the ^Uruguay Round due to be
concluded in Brussels in fOecember,^vhich should lead to
theelaborationof modalitiesfortheintegrationof the
textile sector into the CATTon the basis of strengthened
CATTrules and disciplines as set out inthePunta del
Este declaration

In order not to endanger the structural adjustment ^vhich
Community industry has already achieved through
investment and innovation and to enable it to pursue this
adjustment, the integration process must be implemented
progressivelyby^vayofatransitory period of sufficient
duration

The Community has developed a position ^vhich
establishedaparallelismbet^veen,ontheonehand,the
progressive elimination of existing restrictions and on the
otherhand, the application of strengthened CATTrules
and disciplines.

The Commission believes strongly that the strengthening
of CATTrules and disciplines should ensure the effective
and lasting openingup of ^vorld markets by the
contributionof allparticipants andthecreationof fair
competitive conditions, particularly through improved
disciplines as regards subsidies, operational antidumping
rules, improvedprotectionof int^llectualproperty and
nondiscriminatory^ccess to ra^v material

Louring the transitional period the Community ^vants to
ensureameasure of protection to Community industries
through the conclusion of bilateral agreements. These
form part ofacoherent Community textile policy ^vhich
^vill take ourrelationship^vith all suppliers into accountas
in the past.The Commission^vill continue to consult^vith
the textile industry and all the representatives concerned
^vith these developments.

In its proposals for the transitional programme there is
also included a safeguard clause in order to deal^vith
market disruption or risk thereof ^vhich might occur
during the period of integration

^ ^ I T T E ^ ^ t l E ^ T I C O ^ ^ o i t ^ B ^ O

b y ^ r E r e d e r i c ^ o s m m i ^

to the Commission ofthe European Commumties

^ O B C ^ O ^ B ^

^ ^ c r . Community international joint investment

programme

The Community international joint investment
programme is intended to cover the financing of various
investment operations in the form of joint ventures
bet^veenCommunity firms and thosein^iediterranean
countries.

T^vo years have gone by and only about a dozen
agreements have been concludedbet^veen firms on the
t^vo shores of the mediterranean.

Civen the mediterranean countries^ considerable

difficulties,this minimal result casts doubts on the ^vay
the programme is functioning.

No C 303/44 Official Journal of the European Communities 3. 12. 90

Can the Commission explain why the Cheysson facilities
are clearly not fulfilling their objectives ?

Will it modify the terms for acceptance?

Answer given by Mr Matutes
on behalf of the Commission

_(1_ _August 1990)_

EC International Investment Partners (EC IIP) is a
recently introduced financial instrument still at the
experimental stage. It started operating in September
1988. The Mediterranean countries could "not be

considered until January 1989, since budget
appropriations were not made available in heading 9671
until that date.

Statistics on its use up to 30 April 1990 can be summarized
as follows:

(i) 111 eligible requests for financing, for a total of ECU
9 million, have been submitted by 16 financial
institutions in the network; 75 projects, worth some
ECU 7 million, have been approved.

The corresponding figures for the Mediterranean are
as follows:

— 22 projects (some ECU 1,8 million, or 20% of
the total) presented,

— 13 projects (some ECU 1^2 million, or 17% of
the total) approved;

(ii) 33 framework contracts have been signed with
financial institutions, including nine with financial
institutions in eligible developing countries. Three of
these are in the Mediterranean. It should be noted

that applications from financial institutions and
financing requests from Mediterranean countries
which have signed a financial protocol with the
Community are examined in coordination with the
EIB.

The Commission considers the first results obtained in

this short period to be encouraging, particularly in view
of:

— operational difficulties, some of which are inherent in
the launch of any new initiative,

— the extremely limited human and material resources
which it has been possible to devote to the
preparation, operational management and promotion
-of the EC IIP,

— the progressive establishment of the network of
financial institutions and the time needed for them to

become familiar with the technical details,

— the fact that investment decisions and their

implementation are by nature a slow process,
particularly in the case of high-risk investment, given
the countries concerned.

The Commission also believes that the immediate

objectives have in large measure been fulfilled:

— an operational instrument has been set up,

— it has been proved in the field that this instrument has
great potential and meets real market requirements.

The instrument is currently being thoroughly evaluated
by external consultants. Parliament and the Council will
be kept informed of the conclusions and
recommendations which are actually implemented,
including any adjustments to the technical arrangements
for the EC IIP.

WRITTEN QUESTION No 1218/90

by Mr Miguel Arias Canete (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/92)

_Subject:_ Multiannual guidance programmes for
aquaculture (1987 to 1991)

Having regard to the Commission's Decisions of
11 December 1987 O on the multiannual guidance
programmes for aquaculture (1987 to 1991), submitted by
all the EEC Member States except Luxembourg, can the
Commission give a breakdown, per sector and per year, of
the investment that has been carried out to date in the

various Member States ?

O OJNoL4,7.1.1988,p.4.

Answer given by Mr Marin
on behalf of the Commission

_(17 July 1990)_

The following table shows for each Member State except
Luxembourg the number of aquaculture projects, the total
investment and the total Community subsidy, for the
years 1987,1988 and 1989.

3. 12. 90 Official Journal of the European Communities No C 303/45

Aquaculture

Projects financed under Regulation (EEC) No 4028/86

1987 to 1989

_(ECU)_

Total
subsidy

110 805

523 850

963 800

2 896 340

8 940 368

1 267 943

1 469 595

4 094 567

407 135

2 244 712

628 598

23 557 713

Total
subsidy

523480

119 958

4 087 412

6 841 614

3 996 897

2 565 168

6 093 675

675 917

3 782 560

3 744 214

32 430 895

Total 1987 + 1988 + 1989

1987

Total

investment

443 221

2 095 923

4 144 834

8 037 116

25 466 418

5 017 490

4 046 476

12 357 713

1 716 181

5 775 372

1 769 347

70 870 091

1988

Total

investment

6 197 698

- 5 298 319

14 466 306

34 485 619

9 849 003

12 326 027

15 292 329

1 731 347

5 274 340

15 140 518

120 051 506

Total
subsidy

1 532 326

1 309 236

4 970 093

11 657 406

2 608 678

4 345 740

5 767 871

432 836

2 031617

5 321 312

39 977 115

1989

Total

investment

2 311 342

476 827

11 895 761

20 652 097

16 490 838

7 392 887

19 878 343

3 099 128

9 881 744

9 709 790

101 788 757

No of

projects

9

6

15

111

40

18

13

6

17

31

266

No of

projects

3

4

14

47

38

12

17

7

16

19

177

No of

projects

1

19

18

41

202

99

39

41

15

49

56

580

Total

investment

443 221

10 604 963

9 909 980

34 399 183

80 604 134

31 357 331

23 765 390

47 528 385

6 546 656

20 931 456

26 619 655

292 710 354

Total
subsidy

110 805

2 579 656

2 392 994

11953 845

27 439 388

7 873 518

8 380 503

15 956 113

1 515 888

8 058 889

9 694 124

95 955 723

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Netherlands

Portugal

United

Kingdom

Total

No of

projects

1

7

8

12

44

21

9

11

2

16

6

137

Applications for four artificial reef projects in Italy, France and Spain were approved, the investment being ECU 1 508 722
and the Community subsidy ECU 742 275.

WRITTEN QUESTION No 1229/90

by Mr Miguel Arias Canete (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/93)

_Subject:_ Multiannual guidance programme for
aquaculture (1987 to 1991) for the Netherlands

Having regard to Commission Decision 88/11/EEC of
11 December 1987 on the multiannual guidance
programme for aquaculture (1987 to 1991) (') submitted
by the Netherlands pursuant to Council Regulation
(EEC) No 4028/86 ( [2] ), can the Commission give details
of the programme's specific objectives, in order of
priority, and the investment provided for in the
programme?

O OJNoL4,7.1.1988, p. 28.
( [2] ) OJNoL376,31.12.1986,p. 7.

Answer given by Mr Marin
on behalf of the Commission

_(20 July 1990)_

The objective of the programme is the development and
promotion of the culture of eel, catfish and trout in land
based fresh-water units and of bivalve molluscs, in
particular mussels, oysters and cockles, in the sheltered
marine areas of the Netherlands. A small production of
trout in sea-water is also envisaged.

The programme does not forecast a major expansion in
the production from aquaculture, only a gradual increase
as land based units improve efficiency and achieve full
production, and oyster culture is developed in the
Oosterschelde.

A national investment in aquaculture projects of ECU 2,1
million is forecast during the period of the multiannual
guidance programme.

No C 303/46 Official Journal of the European Communities 3. 12. 90

Current aquaculture production in the Netherlands is
listed in Table 1. The annual production of around 50 000
tonnes of cockles is considered as a natural fishery and
not as aquaculture.

TABLE 1

Aquaculture in the Netherlands in 1989

(Fl)

75,0

23,5

4,6

2,6

0,8

106,4

Gross earnings
in millions

Production
(million
tonnes)

100 000

2 100

250

500

150

103 000

Can the Commission therefore say:

1. whether, it is willing to respond to Parliament's
resolution in which it calls for a report on the
development of asset formation in the Community (cf.
in the same resolution on p. 70, a five-year time limit is
suggested!)?

2. whether it intends to draw up a Community
instrument in the form of a recommendation on

capital formation policy, which, in accordance with
Parliament's resolution of 1983, should take into
account the following principles:

(a) the principle of subsidiarity, i.e.:

— respect for the differing structures which
have developed in the Member States to deal
with capital formation policy,

— priority to be given to agreements between
the social partners; overall responsibilities for
the State (tax concessions and savings
schemes);

(b) a degree of freedom of choice for employees,
employers and the social partners as regards the
source of funds (investable wages and/or
investable profit-sharing) and investment
opportunities (at company or inter-company
level);

3. whether it intends to propose a directive as a
Community instrument to cover different sectors of
asset formation policy, making provision for:

— standardization of the promotion opportunities
for firms with a European dimension (e.g. taking
up the suggestion made in Article 11 of the
proposal for a Council Directive complementing
the statute for a European company — COM(89)
268 final, SYN 219),

— assistance for migrant workers who acquire direct
shares in the production sector in their country of
origin and/or shares in development funds or
who are saving up for their own business in the
same way as people save with a building society?

O OJNoC307,14.11.1983, p. 68.

Answer given by Ms Papandreou
on behalf of the Commission

_(5 July 1990)_

1. The Commission in its 'Action programme relating
to the implementation of the Community charter of basic
social rights for workers' announced its intention to
present a Community instrument on financial
participation of employees.

At present a report about the actual situation in the EC of
financial participation of employees is in preparation and
will be ready in the second half of 1990.

(ECU) .

31,9

9,9

2,0

1,1

0,4

45,3

Culture of:

mussels

oysters

eel

catfish

trout

Total

No of
enterprises

   

75

25

15

15

10

140

WRITTEN QUESTION No 1244/90

by Mr Winfried Menrad (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/94)

_Subject:_ Employees' share in equity capital

Both the growing capital requirement in Community
economies (e.g. as a result of the introduction of new
technologies and environmentally safe technologies) and
the developments in certain Eastern European countries
(e.g. the planned privatization of integrated plants and
State-owned businesses) have brought the idea of worker
participation in company asset formation back to the
forefront of the debate on social policy. In its action
programme relating to the social charter the Commission
announces (COM(89) 568 final, p. 34 _et_ _seq.)_ an initiative
concerning employees' share in equity capital and other
forms of financial participation by workers. In the
introduction it refers to its memorandum of 1979 and to a

resolution adopted by the European Parliament in 1983
(Doc. 1-0758/83 O).

These documents point out the following advantages of
worker participation on asset formation:

— fair distribution of wealth,

— non-inflationary growth through productive
investment,

— the combining of workers' aspirations for better
remuneration with the aim of financial equilibrium
for the enterprise.

3. 12. 90 Official Journal of the European Communities No C 303/47

2. On the basis of this report and the reactions on it
from social partners and Member States, the Commission
shall draft its proposal for a Community instrument.

3. The Commission has no plans yet to elaborate the
more specific Community instruments as mentioned by
the Honourable Member. Before the Commission will

decide on its proposals it wants to have the results of the
study available and informal discussions with both sides
of industry should have taken place.

WRITTEN QUESTION No 1250/90

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/95)

_Subject:_ The need to ensure that vaccines are kept at a low
temperature throughout the distribution chain

Serious anomalies are occurring as regards the
effectiveness of vaccines for both human and animal use.

Production checks and the verification of their

effectiveness are considered to be adequate. The weak
point is to be found in the distribution chain, from when
the vaccine leaves the laboratory to when it is used. Above
all, problems occur when the vaccines leave the chain of
pharmaceutical control at some stage. A system of
regulations must be set up to ensure that each individual
product is kept at the right temperature. Technical
research suggests that all consignments leaving
laboratories should include a time/temperature indicator
which changes colour if the consignment has spent a
certain number of hours at a temperature higher than that
recommended. This check is required to ensure that
vaccines are still of the necessary quality when they are
used. When does the Commission think it can call for

measures to this effect at Community level >

Answer given by Mr Bangemann
on behalf of the Commission

_(6 July 1990)_

At the present time, Community pharmaceutical
legislation does not apply to vaccines, since Council
Directive 89/342/EEC of 3 May 1989 extending the
scope of Directives 65/65/EEC ('), and 75/319/EEC ( [2] )
and laying down additional provisions for medicinal
products consisting of vaccines, toxins or serums and
allergens ( [3] ) only enters into force on 1 January 1992.

A proposal to extend the scope of Directive
81/851/EEC ( [4] ) relating to veterinary medicinal products

to cover immunological veterinary medicinal products is
currently under consideration by the Council ( [5] ).

In accordance with the general principles of Community
pharmaceutical legislation, the manufacturer of a
medicinal product is required to conduct comprehensive
studies on the stability of the product. Any storage
precautions which are shown to be necessary as a result of
such studies must be clearly indicated on the labelling of
the product. From 1 January 1992, these requirements will
apply to vaccines for human use, and, subject to the
adoption of the Commission proposal referred to above,
to veterinary vaccines.

In addition, other Commission proposals provide for the
introduction of a system of authorization for wholesalers
and other distributors of medicinal products for human
use ( [6] ) and veterinary medicinal products ( [7] ). The
granting of authorization will be dependant upon, among
other factors, the distributor having appropriate storage
facilities for the medicinal product concerned.

In the opinion of the Commission, the need for additional
safeguards, such as the use of the colour indicator
referred to by the Honourable Member, must be assessed
on a case by case basis, having regard to the characteristics
of the individual medicinal product concerned. At the
present time, such decisions are taken by Member States
during the marketing authorization procedure. However,
the Commission will shortly be presenting proposals for
the establishment of a European agency for the evaluation
of medicinal products, together with new Community
authorization procedures for medicinal products which
will make it possible progressively to replace national
decisions on such matters by Community decisions.

O OJ No 22, 9. 2. 1965, p. 369/65.
O OJNoL147,9.6.1975, p. 13.
O OJ No L 142, 25. 5.1989, p. 14.
( [4] ) OJNoL 317,6.11.1981, p.'l.
O COM(88) 779 final; COM(90) 135 final.
(*) COM(89) 607 final.
O COM(88) 779 final; COM(90) 135 final.

WRITTEN QUESTION No 1253/90

by Mr Enrico Falqui, Mr Gianfranco Amendola, Mr Paul
Lannoye, Mr Gerard Monnier-Besombes, Mr Virginio

Bettini and Mr Didier Anger (V)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/96)

_Subject:_ European Community contribution to a centre
for the development of pesticides in Algeria

In view of the fact that the Commission has decided to

contribute ECU 1,9 million to be entered against item
9651 of the budget, to the People's Democratic Republic

No C 303/48 Official Journal of the European Communities 3, 12. 90

of Algeria for the creation of a centre for the development
of pesticides under Decision 88/30/EEC ('), as part of the
cooperation arrangements with the countries of the
Mediterranean basin:

1. Does the contract provide for guarantees concerning
the pesticides being developed in the centre and, if so,
what are they?

2. What guarantees has the Commission arranged to
protect the health of farmers and consumers ?

3. Has the Commission taken account of the

environmental impact of the use of pesticides in
Algeria and to what extent?

4. Has any agreement been concluded with Algeria to
the effect that pesticides used there which have been
funded by the European Community should comply
with Community standards?

O OJ No L 22,27.1.1988, p. 1.

Answer given by Mr Matutes
on behalf of the Commission

_(17 July 1990)_

1. The project's financing agreement requires its
activities to comply with international rules and standards
(FAO/WHO).

2. One of the cooperation project's main objectives is
to transfer environmental protection technology while
also helping in the establishment of standards and
guarantees aimed at protecting the health of those
handling pesticides. Through this technical cooperation,
the people concerned will receive education and training
in this field.

3. The Commission, like its Algerian partners, is aware
of the environmental risks of pesticide use. For this reason
reducing the risk of pollution is a central aim of the
transfer of advanced technical knowledge for which the
project provides. Specific studies and consultancy work,
accompanied by back-up assessments, will assist the
identification of specific problems and help find
appropriate solutions.

4. The role of the Pesticides Development Centre,
which the project will help set up, is that of a research and
scientific reference Centre for this sector and its field of

activity. It is not directly responsible for the production
and use of pesticides in the country. The project's task,
scientific and educational, is to spread knowledge of
international, and in particular Community, standards.
This knowledge will later be used to draft- proposals on

standards for submission to the national authorities in the

context of updating current legislation.

WRITTEN QUESTION No 1258/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 303/97)

_Subject:_ Coordination between the Community and
Member States concerning development aid and
cooperation

In respect of development cooperation, the EC has
stressed that the domestic social and economic policy of
each developing country is a decisive factor, which must
be open to discussion. It is therefore necessary to upgrade
the mechanisms for dialogue with the developing
countries. In order to improve to any significant extent
the receptiveness and responsiveness of. the recipient
countries and to underpin the authority and effectiveness
of the development policy followed by the European
Community and its Member States, there must be
coordination between the Community and the Member
States in respect of development aid.

What steps will the Commission take to ensure
coordinated preparatory measures and follow-up within
the Community in respect of the UNDP round table
conferences and IBRD consultative groups, both in
Brussels and in the regions concerned?.

Answer given by Mr Marin
on behalf of the Commission

_(10 August 1990)_

The importance of coordination between Community
participants in development cooperation has been
underlined by resolutions adopted in recent years by the
Council of Ministers. As a result of two such resolutions

adopted in 1984 and 1985 coordination between the
Commission and Member States has improved
significantly both at headquarters level and in the ACP
States.

The priority that is attached to coordination was
underlined further in May last year when the Council
adopted conclusions aimed .specifically at strengthening
coordination as part of the preparation for the
introduction of Community support for structural
adjustment. In particular, these conclusions focus on the
dialogue necessary at headquarters and local level and its
extension to other major actors notably the Bretton
Woods Institutions. The procedures set down in the
Council's conclusions are deliberately flexible providing
for both formal and informal coordination meetings.
These can be adapted to meet the requirements in
particular cases and the consequent degree of
coordination required.

In the preparation for the implementation of the fourth
Lome Convention these conclusions have already been

3.LL90 Official ]ournal of the European Communities ^ o C ^ 0 ^ 9

put into operation. Informal meetings and contacts have
takenplaceinBrussels todiscussstructuraladjustment
support in particular ACPStates^Similar discussions will
be taking place at the local level in many ACR States. L^he
dialogue with the ^ashin^ton institutions has been
stepped up at all levels. It has^ furthermore^ been the
practice in recent years to convene community
coordination meetings before most Round Table and
Consultative Croup meetings. This will certainly continue
and the increased contact on structural adiustment issues

between community participantsshouldlead to amore
coherent community input to these ^atherin^s.

As has been recognized by many participants thou^h^
there isamajor difficulty in ensurin^areal local input to
these discussions.This is due toanumber of factors not

least of which is the lackof administrative capacity in
manyACRStates.^fhrou^hthe presence of permanent
EC Loele^ations^ the Community i s i n a b e t t e r position
than most to make an input which reflects local
experience and to ensure the followup necessary at local
level Elowever^ t h e r e i s s t i l l m u c h w o r k t o b e d o n e t o

ensurea^reater involvement of the State concerned at all

stages in the structural adjustment process. In the
implementation of the fourth Lome Convention this will
be one of the key areas that the Community will be
focusing on and thereby endeavouring to substantially
improve local involvementmnput and follow-up.

^ ^ T T E ^ ^ U E S T I ^ ^ ^ o t ^ ^ B ^

b y ^ r ^ a ^ S i m e o m ^ A ^

to the Commission of the European Communities

^90BC^0^B9^

^^cr^Appropriations from the European Social Eund
to finance professional training in Corsica

In 1989EE^0millionwere earmarked for professional
training in Corsica. COf this amounts EElOmillion^ that is
to s a y 2 5 ^ w a s provided by the Community in the form
of European Social Eund assistance. EE 20 million of the
balance was paid by the ErenchCovernment and EE10
million bytheR^e^ion of Corsica.

^ h a t criteria were used to fi^ the level of ESEaid^^ill

the same criteria be used in futures

Answer ^iven by ^sPapandreou
on behalf of the Commission

^ ^ ^ ^

Untill989 European Social Eund assistance requested by
a country or a region was granted on the basis of
eligibility and the decree of priority rather thanbein^
allocated accordin^to specific criteria.

Following reform of the Structural Eunds and the
definition of the Community support framework in close
cooperation with the national and regional governments^
the amount of European Social Eund assistance has been
fi^ed at ECU 22 million for 1990 to 1993^afi^ure which

includes funding for the integrated mediterranean

programme.

^^ITE^E^^UESTICO^^ol2^2B90

by ^ r s Christine Crawley^

to the Commission ofthe European Communities

^ 2 2 A ^ ^ ^ ^

^90BC^0^B99^

^^cr.LOiscriminationa^ainstfemale students

Is the Commission aware that male students from

nonDEEC countries who are studying in the United
Kingdom have the ri^ht to brin^ their spouses and
children with them forthe duration of their studies^ while

female students^ spouses and children are only allowed to
stay si^months^^ould the Commission comment on this
apparently discriminatory practice andsay whether this
practice exists in other EEC member States^

Answer ^ven by ^rBan^emann
on behalf ofthe Commission

AsCommunity law stands^the conditions under which
persons who are notnationals of a ^ e m b e r State and
members of their family may^for whatever reasons enter
and stay on the territory ofa^iember State areamatter
solelyforthe member States.

Thus^ it is not for the Commission to express as to
whether or not such national rules are justified. Its
knowledge of this type of national legislation is not
sufficiently detailed for it to be able to inform the
Efonourable member whether the practice referred to by
her also exists in other member States.

^^ITTE^C^UESTICO^^oi^lOB^O

by^rs^ariaCassanma^na^oCerretti^PPE^

to the Commission ofthe European Communities

^90BC30^B100^

^ ^ c r . European civil defence force

Efavin^ regard to the devastating damage frequently
caused to persons^ property and the environment by

No C 303/50 Official Journal of the European Communities 3. 12. 90

natural disasters (earthquakes, volcanoes, floods),
man-made disasters (chemical, nuclear, etc.) and human
activities in general (forest fires, air, sea, road and rail
accidents, etc.);

convinced that a Community civil defence force could
provide an appropriate and effective means both of
preventing such risks and of responding to emergencies
by drawing on a wider range of manpower, equipment
and technical know-how, with the added advantage of
offering significant economies of scale by integrating
national resources;

whereas, finally, at the meeting of the Council of
representatives of the governments of Member States of 4
November 1988, the Italian delegation asked the other
delegations to consider a proposal for a civil defence force
that could operate throughout Europe and called on the
Commission to draw up a document based on a survey of
existing provisions at national level with a view to
launching a serious debate on the subject between the
Twelve;

with a view to setting up a Community civil defence force
as soon as possible, what action has the Commission
taken on that proposal in the period of almost two years
that has elapsed since the meeting in question and what
other initiatives, if any, it intends to take on the subject?

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

_(17 July 1990)_

Following the request made at the Council meeting on
civil protection on 4 November 1988, the Commission has
carried out a comparative study of the different forms of
military and civil defence forces operating in the Member
States of the Community. The Commission is currently
analysing the study's findings so as to have at its disposal
all the basic information it needs for an exchange of views
and discussion.

WRITTEN QUESTION No 1321/90

by Mr Richard Simmonds (ED)

to the Commission of the European Communities

_(28 May 1990)_

(90/C 303/101)

_Subject:_ Quality of bathing water

In the light of the fact that many areas of the coast around
the European Community are used for recreational
sports, does the Commission have any plans to include all

recreational waters within the bathing water quality
Directive 76/160/EEC (*)?

O OJNoL31,5.2.1976, p. 1.

WRITTEN QUESTION No 1519/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

/ _(21 June 1990)_

(90/C 303/102)

_Subject:_ EC Directive on bathing waters

Directive 76/160/EEC (*) on bathing waters wisely
sought to protect swimmers from becoming ill as a result
of swimming in polluted waters.

One of may constituents has pointed out that the
Directive, at least as implemented in the United Kingdom,
does not afford protection to people practising sports
(such as wind surfing, water skiing, jet skiing, canoeing or
dinghy sailing), who frequently fall into contaminated
water in harbours and elsewhere, where they may ingest
water containing noxious chemicals or infectious
microbes.

Would the Commission consider extending the purview
of the bathing waters Directive to all recreational waters
used for sporting activities other than swimming
throughout the year?

O OJNoL31,5.2.1976, p. 1.

Joint answer to Written Questions Nos 1321 and 1519/90
given by Mr Ripa di Meana
on behalf of the Commission

_(16 July 1990)_

Article 1 of Directive 76/160/EEC concerning the quality
of bathing water establishes:

'"bathing water" means all running or still fresh waters
or parts thereof and sea water, in which:

— bathing is explicitly authorized by the competent
authorities of each Member State, or

— bathing is not prohibited and is traditionally
practised by a large number of bathers;'.

Where bathing waters are also used for other recreational
sports, they may be included in the scope of the Directive.

However, waters used solely for recreational sports other
than bathing are not included within the scope of the
Directive. Their inclusion would require modification of
the Directive by unanimous decision of the Council.

3. 12. 90 Official Journal of the European Communities No C 303/51

At the moment, the Commission has no plans to make a
proposal to modify the bathing water Directive or to
propose a new directive to regulate this kind of situation.

WRITTEN QUESTION No 1326/90

by Mr Eugenio Melandri (V)

to the Commission of the European Communities

_(11 June 1990)_

(90/C 303/103)

_Subject:_ Ethiopian Government delegation visit to
Brussels

Whereas on Monday, 30 April 1990 an Ethiopian
Government delegation met Commissioner Marin to
discuss the five-year cooperation programme to be
funded under the Fourth Lome Convention,

Having regard to the Menghistu Government's harsh
treatment of the civilian population and the continual
violations of human rights by this Government which still
refuses to recognize the Eritrean people's right to
self-determination,

Whereas at the above meeting neither human rights nor
the transportation of food aid was discussed:

1. Why did the Commission fail to include the subject of
human rights, which is an integral and distinctive part
of the fourth Lome Convention, as laid down in
Article 5, on the agenda of these talks, particularly
given that Ethiopia is the scene of some of the worst
violations of human dignity in the world?

2. Why did the Commission fail to ask to discuss the
safety of the transport of food aid, precisely at a time
when Ethiopian Government troops are shelling
lorries taking aid to the Eritrean people? Does not the
Commission consider that this failure was a serious

error?

3. What are the general outlines of the programme of
cooperation aid proposed by the Ethiopian
Government, and what are its links with Eritrea?

4. What assurances has the Commission obtained from

the Ethiopian Government regarding the correct final
destination of Community aid, which has all too often
in the past found its way on to the Ethiopian domestic
markets?

Answer given by Mr Marin
on behalf of the Commission

_(3_ _July 1990)_

1. The whole situation in Ethiopia, particularly that in
the north of the country which is now the scene of
intensive fighting, was discussed fully and at length.

The need to arrive at a negotiated and durable settlement
of the Eritrean question — a point of view supported by
the international community — was again clearly
emphasized.

2. Contrary to what the Honourable Member says, the
problems of access to all the different populations
. affected by the agricultural and food crisis, particularly
the question of the transport of humanitarian aid, were
discussed in detail. In this connection the Commission's

intentions of implementing the various principles
enunciated in the ministerial statement made on 24 April
1990 in New York by the main western donors was firmly
repeated.

3. Aid programming under the Lome Convention has
only just begun. In the coming months there will be
in-depth discussion of the relevant policies with the
Ethiopian authorities and the donor countries of the
international community. At present the idea is to provide
support for the implementation of the measures decided
by the Ethiopian Government to liberalize the private
production sector, particularly peasant agriculture. The
various regions of the country would be entitled to receive
Community aid as long as they are accessible and real
negotiations likely to culminate in a durable peace have
actually begun.

4. The humanitarian aid channeled through the
Ethiopian Government aid body (Relief and
Rehabilitation Commission) is governed by precise
agreements that specify the destination and are binding
on all Ethiopian authorities. Implementation is monitored
locally by the Commission Delegation which sends back
reports on the subject.

WRITTEN QUESTION No 1330/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(11 June 1990)_

(90/C 303/104)

_Subject:_ Piracy in the music business

It would seem that composers and performers of music
enjoy less effective protection by way of copyright than
do authors of books.

Although the principle of copyright is respected within
the Community, many other countries appear to condone
plagiarism or piracy and fail to ensure that appropriate
royalties are reserved for those entitled to them. Pirated
goods may then be exported and offered for sale within
the Community.

What action does the Commission contemplate taking in
the short term to protect the legitimate commercial

No C 303/52 Official Journal of the European Communities 3. 12. 90

interests of Community citizens seeking to earn a living
by the creation and interpretation of music?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 July 1990)_

The Commission is fully aware of the problems of
plagiarism and piracy which affect in particular sound
recordings, and composers and performers of music.

Matters of concern to authors, performing artists and
producers were addressed by the Commission in the
Green Paper on Copyright and the Challenge of
Technology O, Chapter 2 of which deals with the
question of piracy. On the basis of the suggestions made
on this chapter, and of the numerous oral and written
comments subsequently received on the subject, the
Commission intends to submit to the Council a proposal
for a binding legal instrument which would result in
improved protection for the interests of rightholders,
including composers and performing artists of music.

At the international level, the Commission takes all
practicable steps to reinforce protection against piracy
where it occurs in third countries. Thus, the Commission
on behalf of the Community is participating actively in the
multilateral negotiations in the context of the Uruguay
Round of the GATT which aim at improving the
protection and enforcement of trade related intellectual
property rights.

The Commission also raises the issues of piracy bilaterally
with third countries wherever specific problems have been
identified.

O COM(88) 172 final.

WRITTEN QUESTION No 1334/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(11 June 1990)_

(90/C 303/105)

_Subject:_ 1992 large market and the quality of the services
responsible in the Member States for medical
and technical inspections and for monitoring
compliance with welfare laws

In several Member States, including Belgium, the official
services responsible for investigating and punishing fraud
in respect of the recruitment of workers, the payment or
non-payment of social security contributions and health
and safety provisions are inadequately equipped, funded
and organized to combat the black economy and bolster,
in accordance with the rules 'in force', public funds in

difficulty. Their demoralization is only increased by the
fact that in Belgium, for example, inspectors are paid less
than the workers on the building sites they are required to
inspect and that there are 390 inspectors — often
travelling at their own expense! — for ± 2 500 000
workers.

A tripartite ILO mission drew up a report on the Belgium
problem accepted by the National Labour Council on 28
February 1980 (opinion 645). This document noted the
failure to apply Article 3 (c) of International Labour
Convention No 81 which requires the inspectorate to
bring to the attention of the competent authority
shortcomings or abuses not specifically covered by laws.
Above all, it noted the lack of a doctrine of intervention
on the part of the inspection services, which it described
as poorly coordinated and trained. Inefficiency has
increased since then, particularly through the use of
temporary, unofficial staff with no knowledge of health
and safety rights and rules: the result has been a
lamentable increase in the number of accidents at the

workplace — although the statistics are not reliable —
and an indifferent attitude on the part of the police and
the public prosecutor's office.

In this context, I should like to know:

1. The number of accidents officially recorded in 1988 in
each of the Member States which resulted in death or

permanent disablement?

2. What role is played by ILO missions in connection
with draft directives being prepared on health and
safety at the workplace ?

3. What practical measures are being taken to ensure that
technological modernization does not undermine
safety?

4. What practical measures are being taken to ensure that
inspectors are able to perform their tasks decently and
humanely?

5. What practical measures are being taken to inform
workers and those responsible for their training of the
old and new rules designed to protect them ?

Answer

_(17 October 1990)_

1. The Council has long attached particular
importance to the promotion of the safety and health of
workers at work.

Following the inclusion of Article 118a in the EEC
Treaty, it stepped up its efforts to improve the protection
of safety and health at work.

3. 12. 90 Official Journal of the European Communities No C 303/53

In adopting Directive 89/391/EEC (') (framework
Directive) the Council established basic rules for
introducing measures to encourage improvements in the
safety and health of workers at work.

It then adopted several individual Directives (workplace,
work equipment, personal protective equipment, loads,
visual display units, carcinogens) and adopted a common
position on the proposal for a Directive on biological
agents.

This process is continuing: the Council is expecting
further proposals based on Article 118a in the near future
and will examine them as soon as possible.

2. The Directives on safety and health at work attach
great importance to protection and prevention services, to
information and training for workers, to worker
consultation and participation and to the monitoring of
workers' health.

Moreover, under Article 4 of the framework Directive,
Member States will take the necessary steps to ensure that
employers, workers and workers' representatives are
subject to the legal provisions necessary for the
implementation of the Directive. In particular, Member
States are to ensure adequate controls and supervision.

Under Article 16 (3) of the framework Directive, Article 4
applies in full to all the areas covered by the individual
Directives.

3. The Council would point out, however, that it is for
the Commission to ensure that the Member States

implement the Directives which the Council has adopted.

4. The Council attaches great importance to the
principles underlying International Labour Convention
No 81 (Labour Inspection, 1947).

However, it is not for it to comment on questions
concerning the application of ILO Conventions.

( [l] ) OJ No L 183, 29.6. 1989, p. 1.

WRITTEN QUESTION No 1360/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(11June 1990)_

(90/C 303/106)

_Subject:_ Euratom safeguards report — significant
omissions

Why does the Report on the Operation of Euratom
Safeguards (SEC(90) 452 final), not mention:

1. the Transnuklear affair and the Enquiry Commission;

2. the origins of the Report being a demand by the
Parliament that such a report be produced;

3. the widespread concern expressed by the Parliament,
and in the parliaments of various Member States such
as the United Kingdom, Luxembourg, Belgium and
the Federal Republic, at the apparent failures of
Euratom to implement effective safeguards over the
period covered by the Report;

4. the questions posed by Members in Parliament to the
Commission and Euratom on safeguards in the period
covered by the Report;

5. infractions of safeguards commitments involving
companies in the Federal Republic of Germany
discovered by the Bundestag Enquiry Commission
during the period covered by the Report?

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

_(2_ _August 1990)_

1. Concerning the Transnuklear affair it had clearly
been established that this affair related to the treatment of

radioactive waste and not to safeguards operations.

2. This report was promised by the Commission at the
Plenary Session of the European Parliament on 26
October 1988 ('), as reply to the resolution of the
European Parliament.

3. There are no apparent failures of Euratom to
implement effective safeguards over the period covered by
the Report.

4. Questions posed by Members of Parliament to the
Commission cannot be regarded as part of the Euratom
Safeguards Report but should be regarded as the normal
day to day interaction between Parliament and the
Commission.

5. The Commission is unaware of infractions of

safeguards commitments discovered by the Bundestag
Enquiry Commission during the period covered by the
Report as far as the obligations of the Commission
pursuant to Chapter VII of the Treaty are concerned.

(') Debates of the European Parliament (October 1988).

No C 303/54 Official Journal of the European Communities 3. 12. 90

WRITTEN QUESTION No 1377/90

by Mrs Dorothee Piermont (ARC)

to the Council of the European Communities

_(11 June 1990)_

(90/C 303/107)

_Subject:_ Recent Commission reports on specific problems
affecting the Canary Islands, the Azores and
Madeira

In a press release of 17 January 1990 (IP(90) 40) the
Commission announced that it had adopted two reports
concerned with specific problems in the Canary Islands,
the Azores and Madeira.

1. Why were these reports forwarded to the
Governments of Spain and Portugal only and not to
the inhabitants of these islands, their representative
organizations, MEPs and the general public?

2. Why were Ceuta and Melilla excluded from this
report although the ethnic population of both is facing
particularly serious problems (the answer to Written
Question No 1012/89 (*) does not contain any reply
to this question) ?

3. What specific proposals are contained in the above
report?

4. When will they be available?

(') OJNoC 171,12.7.1990,p. 18.

Answer

_(26 October 1990)_

By letter of 13 July 1990, the Commission forwarded, for
the Council's information, the reports to which the
Honourable Member refers.

These reports describe the particular situation of the
Canary Islands, the Azores and Madeira within the
Community framework and outline their problems.

The reports do not contain any specific proposals. It is
therefore not for the Council to give an opinion on these
initiatives.

WRITTEN QUESTION No 1400/90

by Miss Christine Oddy (S)

to the Commission of the European Communities

_(13 June 1990)_

(90/C 303/108)

_Subject:_ Comparison of Rhine River pollution and Severn
River pollution

Could the Commission give a comparative assessment of
the relative degree of pollution. of the Rhine and the
Severn Rivers?

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

_(13 July 1990)_

The Commission, which represents the Community in the
International Commission for the Protection of the

Rhine, has data on this river.

It does not have any data on the Severn and is therefore
unable at the moment to provide a comparative table, but
it will do so once it has received the information which it

has asked the United Kingdom to provide.

Furthermore, the Commission is preparing a proposal for
a directive on the ecological quality of waters which states
that the Member States should submit regular reports on
the state of the hydrographic system. When this proposal
has been adopted, the Commission will be in a position to
make the requested comparison.

WRITTEN QUESTION No 1429/90

by Mrs Maria Santos (V)

to the Commission of the European Communities

_(13 June 1990)_

(90/C 303/109)

_Subject:_ The process of democratization in South Africa

1. The aim of President De Klerk's recent visits to

Greece and France and his current visit to Lisbon is above

all to obtain the suspension-of sanctions.

2. Economic sanctions have played a decisive role in
the progress made towards political normalization in
South Africa.

3. Unconsidered steps towards easing sanctions should
not be taken and only if they are maintained can the
foundations of democracy be laid: the lifting of the state
of emergency, the release of all political prisoners, the
holding of free elections on the basis of one man, one
vote, the banning of the AWB (Afrikaner Resistance
Movement) and all neo-Nazi groups and finally, the total
dismantling of the shameful system of apartheid.

In view of the news that the Portuguese Government is
preparing to propose the lifting of sanctions at the
forthcoming Community summit in Ireland in June, does
the Commission intend to allay our justified fears by
maintaining sanctions until democracy is established in .
South Africa?

3. 12. 90 Official Journal of the European Communities No C 303/55

Answer given by Mr Andriessen
on behalf of the Commission

_(13 September 1990)_

The Commission fully endorses the position adopted by
the European Council in the Dublin declaration of 26
June 1990.

WRITTEN QUESTION No 1444/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(13 June 1990)_

(90/C 303/110)

_Subject:_ Renewable energy sources

Can the Commission list any reports which analyze the
potential for renewable energy sources in the EC? What
other action is taken to encourage Member States to
replicate projects?

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

_(3_ _August 1990)_

'Energy for a new century — The European perspective',
the recent study published by the Commission for the
conference held in Brussels on 3 and 4 May 1990, contains
several sections and statistical tables on the potential and
development of renewable energy sources in the
Community up to 2010, looking at four different
scenarios.

In 1989 the IEA (International Energy Agency), of which
France is not a member, published a report on renewable
energy sources, prepared by the Standing Group on
Long-term Cooperation, the Committee on Research and
Development, the Renewable Energy Working Party and
the Sub-Group on Energy Conservation, in collaboration
with a group of independent experts. To the
Commission's knowledge, the report has not been
updated.

The IEA also publishes annual reports on the energy
policy of all its members, which include a chapter on
renewable energy sources.

In addition, the United Nations Economic Commission
for Europe organizes symposia on the current situation
and prospects of new and renewable energy sources
falling within its field of competence. The report
presented by each government on its policy regarding
renewable energy sources, especially in relation to
research, development and demonstration, is then
published.

The new Thermie programme Regulation provides an
efficient instrument for promoting the replication of

innovative projects in the field of renewable energy
sources. This can be undertaken by two means:

— granting financial support to 'dissemination projects',
'designed to promote with a view to their broader
utilization within the Community, either under
different economic or geographical conditions or
with technical modifications, innovatory techniques,
processes or products which have already been
applied once, but, owing to residual risk, have not yet
penetrated the market' (Article 2 (b) of the Thermie
programme Regulation proposal ( [l] )),

— granting financial support to 'associated measures',
'designed to encourage the application and market
penetration of energy technologies' (Article 5 to the
Thermie programme Regulation).

O COM(89) 121 final.

WRITTEN QUESTION No 1472/90

by Mr Karel Pinxten (PPE)

to the Commission of the European Communities

_(13 June 1990)_

(90/C 303/111)

_Subject:_ French import quota for Japanese cars. Refusal
of French authorities to register Japanese cars
imported from Belgium into France

The French Government has set the quota for imports of
Japanese cars at 3 %.

On the basis of this quota, the French Government has
granted exclusive market access to five car manufacturers
from which it has received an undertaking not to dispute
the quota. As a result, the French authorities are refusing
to register cars produced by other manufacturers (other
makes) even when they have been put on the market in
other Member States.

1. Given that the import quota for Japanese cars is not
covered by the exemptions provided for under
Regulation (EEC) No 288/82 0 on common rules for
imports, what other legal basis exists for the
imposition of this quota?

2. Does not this unjustified refusal to register vehicles
put on the market in another Member State, and
hence regarded as Community products, constitute an
infringement of Articles 9, 10 and 30 of the EEC
Treaty?

3. Is it possible for a Member State to allot such a quota
to a number of producers to divide up between
themselves without infringing Articles 3F, 5, 85 and 90
of the EEC Treaty?

3. 12. 90
No C 303/56 Official Journal of the European Communities

4. Is a Member State entitled to protect its national
industry by not complying with the objectives of the
Treaty, i.e. by restricting the free movement of goods,
distorting competition and hampering the realization
of the single market?

O OJNoL35,9.2.1982, p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(9 August 1990)_

1. The measures referred to by the Honourable
Member have not been notified _%o_ the Commission by the
French authorities, and therefore fall into what has come
to be known as a 'grey area'.

2. The Court of Justice of the European Communities
has consistently ruled that the Community rules on the
free movement of goods apply both to products
originating in the Community and to those from
non-member countries released for free circulation in a

Member State. However, in the absence of a
comprehensive Community type-approval system, the
Member States may, while abiding by Articles 30 to 36 of
the EEC Treaty, lay down rules relating to the
type-approval of cars and, by extension, to car
registration, with the objective of ensuring public safety.
The Commission is making every effort to ensure that the
aforementioned Articles of the Treaty are complied with
and that citizens of every Member State of the
Community are guaranteed the right to import and
register cars purchased in another Member State.

3 and 4. At present two-thirds of the Community
motor vehicle market is subject to measures limiting
imports of certain categories of vehicles. In a
communication dated 6 December 1989 (*), the
Commission described in detail an outline of the measures

it was taking itself or proposing to the Council in order to
make the internal market in this sector a practical reality,
while avoiding a sudden shock to the industry which
would have adverse effects on the entire Community

economy.

O SEC(89) 2118 final.

WRITTEN QUESTION No 1493/90

by Mr Terence Wynn (S)

to the Commission of the European Communities

_(21 June 1990)_

(90/C 303/112)

_Subject:_ Copper tube

Does the Commission consider it reasonable for the

beneficiary of a preferential trade agreement consistently
to ignore agreed ceilings.

Why, in the case of Yugoslavia, does the Commission
choose to increase ceiling levels when records show that
ceilings have been ignored every year since 1985?

Answer given by Mr Andriessen
on behalf of the Commission

_(16 August 1990)_

The Cooperation Agreement of 2 April 1980 between the
European Economic Community and Yugoslavia
provides for duty-free entry into the Community of
virtually all products originating in Yugoslavia falling
within Chapters ^5 to 99 of the Common Customs Tariff.
By way of derogation from this provision, Protocol 1 to
the Agreement provides that imports of certain products
should be subject to ceilings above which customs duties
may be reintroduced until the end of the calendar year. In
the case of tariff ceilings (unlike tariff quotas) the
reintroduction of customs duties is not automatic or

compulsory. For example, duties for the 1989 calendar
year were re-established on 8 August ( [1] ).

Article 1 (4) of Protocol 1 to the - Agreement states
categorically that the amounts of the ceilings for the
products in question shall be increased annually by 5 %.

Since the entry into force of the Agreement (1980) and
even before under the Generalized Preferences System
(1972), imports of copper tubes and pipes have been
subject to ceilings (by GSP cut-offs or zero duty ceilings)
and each year the Commission has re-established customs
duties after ceilings have been exceeded.

On the basis of the rate of imports and the time taken by
the Member States to transmit Community information,
the duty is reintroduced at levels higher than the ceiling.

O OJ No L 228, 5. 8.1989.

WRITTEN QUESTION No 1504/90

by Mr Eugenio Melandri (V)

to the Commission of the European Communities

_(21 June 1990)_

(90/C 303/113)

_Subject:_ Aid project in Ethiopia

In paragraph 4 of his answer of 8 May 1990 to my Written
Question No 539/90 _Q)_ Mr Marin said, that 'the location
of the refugee camps depends . . . on various factors, such
as the quest for a rapid solution to emergency situations,

3. 12. 90 Official Journal of the European Communities No C 303/57

proximity to the refugees' place of origin and their safety'.
He also considered that even though these factors are
taken into account the refugees have been accommodated
in 'somewhat inhospitable and isolated places'.

Can the Commission say:

1. How the Community can accept such inconsistent
decisions (regarding the location of the camps) which
depend 'essentially on the local authorities'?

2. Who else these decisions depend on?

3. Whether it is fair to say that it has no choice but to
accept the proposals of the Ethiopian Government
without being able to change their substance ?

(') OJNoC197,6.8.1990, p. 12.

Answer given by Mr Marin
on behalf of the Commission

_(3_ _August 1990)_

The Commission can only confirm the answer it gave to
the written question referred to by the Honourable
Member.

The siting of refugee camps depends essentially on the
local authorities and is based on the criteria mentioned

earlier. These criteria take particular account of the
refugees' own situation and their proximity to their place
of origin in order to facilitate repatriation as soon as
circumstances permit.

Moving refugees even further away or into an unfamiliar
environment would certainly not be an acceptable
solution to problems rooted in Ethiopia's geography,
namely the aridity of the east and the remoteness of the

west.

While emphasizing this particularly difficult
environment, the Commission also confirms that the local
authorities and the international community, and in
particular the UNHCR (United Nations High
Commissioner for Refugees) and the Commission, are
working to improve where possible the difficult situation
of people seeking refuge in Ethiopia.

To this end the Commission granted ECU 8,1 million in
1989/90 for a programme to provide medical aid, supply
water and transport food supplies. This operation is being
implemented by the UNHCR and a number of NGOs.

Furthermore, the Commission has also granted refugees
in Ethiopia 40 700 tonnes of food aid worth ECU 14,3

million. This aid is also being channelled through the
UNHCR and the World Food Programme.

WRITTEN QUESTION No 1549/90

by Mr Antoni Gutierrez Diaz (GUE)

to the Council of the European Communities

_(2 7 June 1990)_

(90/C 303/114)

_Subject:_ Accreditation to the European Communities of
Francisco Paesa Sanchez

Francisco Paesa Sanchez, a Spanish citizen and temporary
officer at the permanent mission of Sao Tome and
Principe to the international organizations in Geneva,
maintains that he was accredited to the European
Communities in August 1989.

Given that on 11 November 1988 an international warrant

was issued for the arrest of Paesa Sanchez, who is wanted
by Interpol on charges of conspiring with armed groups
to commit terrorist offences in Spain, where he has been
tried and judged by default, can the Council say whether
Francisco Paesa Sanchez has been or is accredited to the

European Communities and, if so, what measures it plans
to take to withdraw accreditation from this person,
thereby removing this slur on the Community
institutions?

Answer

_(17 October 1990)_

1. Mr Paesa Sanchez is on the list of diplomatic staff of
national missions accredited to the European
Communities, appearing as a counsellor at the Mission of
Sao Tome and Principe. This list is drawn up and updated
by the Commission of the European Communities.

2. His appointment was properly notified to the
Commission of the European Communities by the
authorities of Sao Tom6 and Principe on 4 August 1989.
The Protocol Department of the Commission informed
the Council General Secretariat accordingly as in the case
of all appointments of this kind.

3. Diplomatic facilities, privileges and immunities are
granted to all the Missions accredited to the European
Communities — and to their staff — by the headquarters
State.

4. The Council will communicate the information
supplied by the Honourable Member concerning Mr
Paesa Sanchez to the Commission.

No C 303/58 Official Journal of the European Communities 3. 12. 90

WRITTEN QUESTION No 1590/90

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(2 July 1990)_

(90/C 303/115)

_Subject:_ EEC/EFTA relations

The Commission will shortly receive a negotiating
mandate for a new Treaty creating the European
Economic Area.

At present there are numerous barriers to trade between
Member States of the EEC and EFTA.

1. What are the EFTA countries' current restrictions on

exports of copper residues, scale, scrap and waste
from the EEC?

2. Will this trade barrier be considered and possibly
removed at the next negotiations between the EEC
and EFTA?

Answer given by Mr Andriessen
on behalf of the Commission

_(6 August 1990)_

1. In 1989 the Community and the EFTA countries
concluded additional protocols to the free trade
Agreements between the Community and each of the
EFTA countries with the aim of eliminating and
preventing quantitative restrictions affecting exports or
measures having equivalent effect.

Under these protocols, the EFTA countries undertook to
abolish their restrictions on the export to the Community
of the products to which the Honourable Member refers
with effect from 1 January this year. A special timetable
was agreed for certain of these products:

_Austria:_ abolition by 1 January 1991 at the latest: ash and
residues, containing mainly zinc or lead abolition by 1
January 1993 at the latest: copper or aluminium waste and

scrap

_Switzerland:_ abolition by 1 January 1993 at the latest: ash
and residues, containing mainly aluminium, and copper
or aluminium waste and scrap

_Finland, Sweden:_ abolition by 1 January 1991 at the latest:
ash and residues, containing copper

_Finland, Sweden, Norway:_ abolition by 1 January 1991 at
the latest: copper waste and scrap

2. This timetable shows that all the EFTA countries'

remaining restrictions on exports to the Community will
have been abolished by 1 January 1993, the date planned
for the entry into force of the European Economic Space,
negotiations on which began in Brussels on 20 June.

This year the Community has not renewed its restrictions
on exports of copper scrap, waste, ash and residues from
the Community. On this basis, the Commission has
proposed to the EFTA countries that they too remove
ahead of schedule their restrictions on the export to the
Community of the products in question.

WRITTEN QUESTION No 1637/90

by Mrs Dorothee Piermont (ARC)

to the Council of the European Communities

             - _(4 July 1990)_

(90/C 303/116)

_Subject:_ Exclusion of New Zealand foodstuffs from the
EC market in 1986

A report in _'Le Monde'_ of 8 May 1990 quotes the former
New Zealand Prime Minister, David Lange, as saying that
in 1986 threats from France 'at the highest level' had
compelled New Zealand to accept a compromise
concerning the two French secret service agents involved
in the attack on _Rainbow Warrior._ Failure to accept this
compromise would have meant the exclusion from the EC
market of 245 000 tonnes of sheepmeat and 80 000 tonnes
of butter from New Zealand.

1. Did these threats emanate from France alone or were

they discussed and agreed on in the Commission?

2. If so, on what occasion, when and where ?

3. Does the Council consider that there can be any
justification for reprisals against a third country which
has already been the victim of action by the secret
services of one of the Member States?

Answer

_(17 October 1990)_

On 25 September 1989 the Council adopted Regulation
(EEC) No 2967/89 relating to the continued import of
New Zealand butter into the United Kingdom on special
terms and Decision No 89/572/EEC concerning the
adaptation to the voluntary restraint agreement between
the European Economic Community and New Zealand
on trade in mutton, lamb and goatmeat.

The points mentioned in the Honourable Member's

question have not been raised in any way during the
Council's discussions or when these instruments were

adopted.

3. 12. 90 Official Journal of the European Communities No C 303/59

WRITTEN QUESTION No 1679/90

by Mr Gianfranco Amendola (V)

to the Council of the European Communities

_(4 July 1990)_

(90/C 303/117)

_Subject:_ Buildings policy of the Council

1. Is it true that the procedure for the publication of
European contracts in the appropriate Official Journal
was not followed for the construction of the new Council

building?

2. What is the daily cost of renting this building likely
to be?

3. Has the Council considered the possibility of an
international competition among the EEC countries to
cover the costs of renting its new and necessary building?

4. How was the decision reached to have such a grand
building constructed?

5. Is it true that some countries would be prepared to
provide a suitable building for the Council at a nominal
rent?

6. Has the Council given thought to this possibility?

Answer

_(26 October 1990)_

The need for a new Council building was felt as soon as
the Communities had undergone their first round of
enlargements, but no definite plans were actually laid for
several years.

In view of current dispensations governing the places of
work of the institutions, Belgium undertook to construct
a building, and an agreement was concluded between the
Belgian State and the European Communities on 26
February 1985, whereby:

— the Council would determine its programme of
requirements,

— Belgium would provide the site and draw up a project
matching the Council's requirements, would
construct the building once the Council's agreement
had been obtained, and would act as works
contractor and works supervisor,

— the Council would pay for construction work,

— ownership would be transferred from the Belgian
State to the Council upon provisional acceptance of
the works.

Under the 1985 contract, the Council has taken decisions

on:

— the definition of design and coordination work and
some provisions regarding deadlines, on 29 October
1985,

— the drawings proposals submitted by the Belgian
State, on 21 July 1986;

— the preliminary scheme proposals, on 22 June 1987.

It authorized the Belgian State to proceed with
construction of the building on 12 June 1989, having
approved the programme and standards for the works and
their duration and cost.

Contracts are awarded by the Belgian State in accordance
with the procedures laid down in Directive 71/305/EEC
and the law of 14 July 1976 on public procurement. At the
same time as notices of invitations to tender for this work

are published in the _Official Journal of the European_
_Communities,_ they are sent to each Member State for
further publication there.

Apart from the design and infrastructure work, which
were negotiated directly, the various lots are therefore put
out to tender throughout the Community.

WRITTEN QUESTION No 1690/90

by Mr Antonj Gutierrez Diaz (GUE)

to the Council of the European Communities

_(5 July 1990)_

(90/C 303/118)

_Subject:_ Trade agreement between the EEC and Andorra

On 14 December 1989, the negotiating committees for the
EEC and the Principality of Andorra signed a draft trade
agreement.

When does the Council except to refer the text to the
European Parliament for debate, and on what legal basis?

To what extent were the negotiations influenced by the
resolution recently adopted by the Parliamentary
Assembly of the Council of Europe, in which it voiced its
concern at the situation in Andorra, in particular as
regards the right of association, social legislation, the
rights of foreign residents and institutional reform?

Answer

_(17 October 1990)_

The Agreement in the form of an exchange of letters
between the European Economic Community and the
Principality of Andorra, the negotiations for which were
concluded on 14 December 1989, was signed in
Luxembourg on 28 June 1990. The Council forwarded the
text of the Agreement, which is based on Articles 99 and

No C 303/60 Official Journal of the

113 of the EEC Treaty, to the European Parliament for its
opinion, under cover of a letter dated 9 July 1990.

The Agreement is further to the declaration annexed to
the Act of Accession of Spain to the Community which
provided for an arrangement governing trade relations
between the EEC and Andorra to be finalized to replace
the national arrangements at present in force.
Accordingly, the Agreement provides merely for the
establishment of such an arrangement, in particular by the
creation of a customs union for industrial products, but,
because of the geographical, historical and
socio-economic characteristics peculiar to Andorra, also
includes special arrangements for duty-free allowances of
goods in the personal luggage of travellers.

WRITTEN QUESTION No 1758/90

by Mr Giacomo Porrazzini and Mr Roberto Speciale

(GUE)

to the Council of the European Communities

_(12 July 1990)_

(90/C 303/119)

_Subject:_ Illegal traffic in arms with Iraq

Whereas in the last few days the Italian security services
and judiciary have confirmed the outcome of the
investigations previously carried out by the United
Kingdom and revealed the existence of a dangerous
international network which organizes illegal arms deals
on a massive scale and in particular, at Iraq's request, the
construction of a new super-weapon, capable of
undermining the already precarious political and military
balance in the Mediterranean;

Whereas it is especially serious that public and private
industrial and financial undertakings in various EEC
countries — with particular responsibility falling on Italy,
the United Kingdom, Belgium and Spain — are associated
with or involved in this initiative in a practical way;

Whereas investigations have still to be carried out into
possible political and institutional cover-ups concerning
the Iraqi supergun operation which, if proven, are
extremely serious;

Whereas the judiciary and security forces of the various
Community countries concerned must cooperate to carry
out a rapid and effective investigation and to impose
exemplary penalties;

What representations does the Council intend to make to
the governments of the countries concerned in order to:

1. prevent any recurrence of such serious and dangerous
abuses;

European Communities 3. 12. 90

2. achieve at an early date harmonization and more
rigorous and effective controls in national legislation
over the construction of and trade in arms, not least in
order to affirm in a practical and consistent manner a
mission for peace in the world on the part of the
countries of the EEC?

Answer

_(26 October 1990)_

The Council confirms the reply given by the Presidency
on 10 July 1990 to Oral Question Nos 0-59, 0-76, O-60,
0-75, 0-118 and O-213/90; in particular, it would refer
the Honourable Members to Article 223 of the EEC

Treaty, according to which the production of or trade in
arms, munitions and war material is a matter for the

Member States.

However, the Parliament cannot be unaware that, before
the current crisis arose, several Member States had taken
steps to halt certain consignments to Iraq, an indication of
their determination to enforce the laws regarding the
control and, in certain cases, the banning of arms exports.
In this connection the Honourable Member's attention is

drawn to the reply given on 13 June 1990 by the Ministers
for Foreign Affairs (Political Cooperation) to Mr
Langer's Question No H-646/90 on the same subject.

Since then, in more general terms, Iraq's invasion of
Kuwait and the resultant serious crisis have led the

Community and the Member States, in accordance with
the relevant resolutions of the United Nations Security
Council and in the light of Iraq's refusal to comply with
those resolutions, to take a series of measures against
Iraq.

Accordingly, as part of the embargo, on 8 August 1990 the
Council adopted Regulation (EEC) No 2340/90, which
prohibits, _inter alia,_ the sale or supply of any commodity
or product to any natural or legal person for the purposes
of any commercial activity carried out in or from the
territory of Iraq or Kuwait. Any activity whose object or
effect is to promote such sales or supplies is also
prohibited.

The only exception to the embargo relates to certain
products and foodstuffs intended for humanitarian
purposes as part of emergency aid operations.

Furthermore, following the extraordinary ministerial
meeting of the Twelve on 10 August 1990, the Member
States and the Commission set up a system for the
exchange of information on the application of the
embargo and consult regularly on the matter in the course
of contacts within the Commission or Council.

o 5 L ^ 0 COfficial Journal of the European communities ^oCh^03BDt

h v M r P a u l S t a e s ^

totheC^ouncitofthe^ropeanC^ommu^Ues

^ ^ ^ ^

^oBc^o^Bn^

^^ceViolationoftheR.amsarC^onvention

Alongtherighthankof the Scheldt lie strips of shore
whichare of great importance for migratory birds and
are, forthis reason, included in the lists of areas protected
undertheRamsarCB^onventionD

Afew years ago, an initial assault was carried out against
these areas through the huildingofacontainer port in the
^algeschoor^ as part of the extension of the port of
Antwerp

A second assault is now heing prepared on the same
stretch of shore, protected undertheR.amsar convention,
in the form ofasecond container terminal on the Scheldt

inthe^rootBuitenschoor^area.

Is the council prepared to help to ensure that the Ramsar
convention does not hecomeadead letter in the LC^, for
example hy preventing this second Antwerp ^European
oeityofC^ultureint^^ assaults

Answer

t. l^he community is notaParty to the convention on
wetlands of International Importance especially as
waterfowl Habitat ^R.amsarC^onvention^

All the Member States apart from Luxembourg are
however Parties to the convention.

^. It should he remembered that Elective

^^B^O^BEEC^ on the conservation of wild birds ^D,
designed to protect species of wild birds naturally
occurring in the territory of the Member States as well as
their biotopes and habitats, also provides for measures to
protect migratory species. Member States must
accordingly attach particular importance to protecting
wetlands, especiallythose of international importances

^ In addition, the Eoirective on the assessment of the
effects of certain public and private projects on the
environment^^ provides that Member States must adopt
all measuresnecessary to ensure that,before consent is
given,projects likely tohave significant effectsonthe
environment by virtue ^ ^ r ^ ^ o f theirnature,sizeor
location are made subject to an assessment with regard to
theireffects.

The project to which the Honourable Member refers
could, depending on its characteristics, fall within the
classes ofprojectforwhich such assessment is compulsory
^Anne^Ito the E^irective^or within the classes of project
subject to an assessment only where Member States
consider that their characteristics so require ^Anne^ II to
theEoirective^

^. whatever the case, the Honourable Member is

reminded that it is the Commissions role to ensure

correct application of Community legislation.

^ ^ i r ^ E ^ ^ E S T I ^ r ^ ^ o i ^ ^ B ^ O

byMrJeanPierre^affari^Lfoin

to the C^ou^cilofthe European communities

^ ^ ^ ^

^ ^ c r . Protection of tropical forests

The ^ ^ ^ O ^ o r l d wildlife Eund^ takes the viewthatthe

European C^ommunity,as one of the largest importers of
tropical woods, is consuming such large quantities as to
jeopardize the conservation and protection of tropical
forests.

In what way does the council consider that the
community's consumption of tropical woods can be
reduced^

C^an other measures be taken by the community to
protectforests in tropical countries^

Answer

TheC^ouncilis highly awareofthethreatstotropical
forests. Among the most recent acts, the Elonourable
Members attention is drawn in particular to the
conclusions adopted by the council at its meetings of t^
S e p t e m b e r a n d ^ l ^ o v e m b e r r ^ e ^

Moreover, in its resolution o f ^ M a y 1 ^ 0 ^, f u r t h e r to
theoeommissioncommunicationontheconservationof

tropical forests, theC^ouncilrecogni^edtheneedfora
worldwide coordinated strategy in this area and agreed to
encourage the International TimberTradeCOrganization
^ I T T ^ in its efforts towards the rational management of
natural tropical forests, inparticulartheobjective that
total exports of tropical timber products should come
from sustainablymanagedresourcesbytheyear ^000.

No C 303/62 Official Journal of the European Communities 3. 12. 90

Moreover, at its meeting held in Dublin on 25 and 26 June
1990, the European Council agreed to ask the
Commission to analyse and prepare proposals for an
appropriate Community programme to deal with the
threat to the tropical rain forests in consultation with the
countries concerned and in particular Brazil. It also
agreed that the Community would consult other
industrialized countries on concerted action on this

question.

Finally, in its declaration on the environmental imperative
annexed to the abovementioned Presidency conclusions,
the European Council thought that priority consideration
should be given _inter alia_ to codes of conduct for timber
importing industries.

(') See Press Release 8501/89 (Presse 156) and 10182/89 (Presse

224).
O See Press Release 6618/90 (Presse 75).

WRITTEN QUESTION No 1851/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(20 July 1990)_

(90/C 303/122)

_Subject:_ US discrimination against international
investment

Legislation currently before the American House of
Representatives would limit foreign participation in
research and development joint ventures to less than 30 %.
It would also require that facilities be situated in the
United States. (Section 7 of HR 4611, the 'National
Cooperative Production Amendments of 1990')

1. Does the Commission agree that such discrimination
against foreign investors would be blatantly
protectionist, and would undermine the GATT
negotiations relating to trade related investment
measures ('TRIMs')?

2. Which EC Member States have concluded Treaties of

Friendship, Commerce and Navigation with the USA?
Does the, Commission agree that the proposed limit on
foreign investment would violate the national
treatment obligation these Treaties contain? Does the
Commission therefore intend to initiate contacts with

the Member States concerned, so as to ensure
concerted action in Washington?

3. Is the Commission prepared to communicate its views
directly to the relevant Members of the House of
Representatives?

4. Does the Commission intend to propose similar
limitations on American participation in R&D joint

ventures with European companies in case Section 7
of HR 4611 were to become law?

Answer given by Mr Andriessen
on behalf of the Commission

_(14 September 1990)_

The Commission agrees that if Section 7 of HR 4611
became law, it would constitute a serious example of
discrimination against foreign investors and the Member
States have confirmed that it would also violate their

Friendship, Commerce and Navigation Treaties with the
United States.

The Community, therefore, on 12 July 1990, presented a
demarche to the State Department which is also being
transmitted to the relevant members of Congress, making
clear its concern over this issue.

Should provisions of this nature pass into US law, the
Commission will consider what action it would be

appropriate to take, consonant with Community law and
the Community's international obligations.

WRITTEN QUESTION No 1861/90

by Mrs Ursula Braun-Moser (PPE)

to the Commission of the European Communities

_(20 July 1990)_

(90/C 303/123)

_Subject:_ Discrimination against construction building
companies in the awarding of building contracts
in the Netherlands

50% of construction contracts in the Netherlands are

awarded by negotiated tender, 45 % by publicly advertised
limited competition or restricted invitation to tender and
only 5% by means of an open invitation to tender. The
reason is that, under Dutch tendering procedures, the
construction work become more expensive for the
awarder of the contract the more tenderers there are. The

second Directive on harmonization in the public works
sector specifically authorizes restricted invitations to
tender in awarding public contracts. Only Article 22 (4)
states that the relevant associations in the Member States

should ensure that public authorities awarding contracts
invite tenders from undertakings fulfilling the necessary
requirements in other Member States, without
discrimination and under the same conditions as national

undertakings.

1. Is the Commission aware that approximately 5 000
  - medium-sized building undertakings in Germany
have failed to secure a building contract in the
Netherlands in recent years, since they were given no
opportunity to submit a tender under the above
tendering procedure?

3. 12. 90 Official Journal of the European Communities No C 303/63

2. What measures is the Commission taking against this
type of discrimination and will it amend the unclear
formulation of the Directive on harmonization in the

construction sector, which encourages such
discrimination?

Answer given by Mr Bangemann
on behalf of the Commission

_(18 October 1990)_

The Commission would refer the Honourable Member to
the reply to her Oral Question No H-848/90, which it
gave during question time at Parliament's October 1, 1990
part-session (*).

(') Debates of the European Parliament No 394 (October 1990).

WRITTEN QUESTION No 1872/90

by Mr Francois-Xavier de Donnea (LDR)

to the Council of the European Communities

_(20 July 1990)_

(90/C 303/124)

_Subject:_ Euro-Arab dialogue

Following the meeting of the General Commission of the
Euro-Arab Dialogue on 7 and 8 June 1990:

1. What progress has been made in respect of the
multilateral Euro-Arab Convention on the protection
and promotion of investment?

2. Does the Council intend in the near future to broach

problems related to legal cooperation within the
General Commission, in particular those relating to
extradition, terrorism and the custody of children?

3. Has the working committee on social and cultural
affairs been given the task of studying the problems
related to the social reintegration of third country
immigrants in their country of origin and the custody
of children born of divorced parents?

Answer

_(17 October 1990)_

1. At its sixth meeting held in Dublin on 7 and 8 June
1990 the Commission took note of a report concerning
the preparation of a Euro-Arab Convention on the mutual
promotion and protection of investments. Stressing the
interest of both parties in this priority project it
appreciated the progress made and, with a view to its
seventh meeting, called upon the Economic Working
Committee to instruct a specialized working party to

expedite its proceedings for the purpose of producing a
draft Convention.

2 and 3. As regards the allocation of tasks to the three
working committees and without prejudice to the future
trends in and the future development of the Euro-Arab
Dialogue, the General Committee assigned to the Social
and Cultural Working Committee the following areas,
which are not exclusive: technical and vocational training,
fight against drugs and social cultural questions. It placed
within this framework the monitoring of the
implementation of priority projects (symposium on
Euro-Arab cultural relations at the approach of the 21st
century, directory of cultural and scientific institutions
and establishments, seminar on cities and urban
development in conjunction with the Technical
Committee) and the examination, in the light of the
studies already carried out, of the application of the
Damascus General Committee's recommendations

concerning immigrant workers.

It would be the responsibility, if appropriate, of the
competent authorities of the Euro-Arab Dialogue to
assess whether other questions among those referred to
by the Honourable Member are to be considered within
the framework of this Dialogue.

WRITTEN QUESTION No 1884/90

by Mr Ernst Glinne (S)

to the Council of the European Communities

_(2_ _August 1990)_

(90/C 303/125)

_Subject:_ Environment policy in East Germany and
Central and Eastern Europe

The energy policy followed in Central and Eastern
Europe is proving to be Pandora's box, containing the
elements of veritable ecological disaster: 44% of East
German forests are seriously damaged; only 3% of
watercourses contain drinkable water; 10% of tap-water
does not comply with minimum safety standards;
pollutant emissions from the German Democratic
Republic are four times higher than those from the
Federal Republic of Germany and the levels of sulphur
dioxide measured in the German Democratic Republic are
30 % greater than in Czechoslovakia, three times greater
than those recorded in Poland and eight times greater
than in the Federal Republic of Germany. Up to 70 % of
the German Democratic Republic energy is supplied by
thermal power stations fuelled by brown coal. The
situation in Poland is almost identical.

1. What measures do the Commission and the

specialized UN agencies (which should take action to

No C 303/64 Official Journal of the European Communities 3. 12. 90

assess life expectancy in the worst affected regions,
combat the spread of cancer and respiratory diseases
and compile accurate statistics), together with the
European Environment Agency, intend to take to help
clean up the environment as a matter of urgency.

2. Together with the countries concerned, how do they
intend to encourage the participation of local
populations in clean-up programmes?

3. Could a remodelled nuclear sector play a more
prominent role in this essential clean-up operation,
despite the warnings already issued by Mr Conrad
Von Moltke, the founder of the Institute for
European Environmental Policy and Mr Alex Hittle,
the International Friends of the Earth coordinator in

Washington?

4. Given that obsession with increasing GNP has led to
the ecological disaster inherited from the Stalinist era,
how can economic and ecological considerations be
reconciled now that priority is to be given to a market
economy, taking account of the provisions of the
proposal for a Council Decision on the conclusion of
the Articles of Agreement establishing a European
Bank for Reconstruction and Development?

Answer

_(17October 1990)_

1. The Council is aware of the environmental problems
in Central and Eastern Europe and of the need for a
sustained international effort to improve environmental
protection. In this connection it should be noted that the
Community is a Contracting Party to the main
international conventions on environmental protection
and that it takes an active part in the various international
fora dealing with environmental problems.

2. Aware of the need for greater cooperation in this
sphere, the Irish Presidency convened a Ministerial
EC/Central and Eastern Europe meeting which took
place in Dublin on 16 June 1990 and at which EFTA was
also represented. During the meeting the Ministers and
the relevant member of the Commission held a thorough
exchange of views on environment policies in Europe,
particularly Central and Eastern Europe, and adopted a
series of conclusions which were subsequently endorsed
by the Dublin European Council on 25 and 26 June 1990.

3. In those conclusions the Ministers and the

Commissioner stressed that the protection of the
environment was one of the most urgent political
priorities in intra-European dialogue and was a privileged
area for discussions and measures to be initiated as part of
a process for improving the environment in Europe,
especially in Central and Eastern Europe. They also called

for enhancement of cooperation in this sphere in a
coordinated manner and referred in this connection to the

contribution of the Phare programme and the role to be
played by the European Bank for Reconstruction and
Development in providing direct funds for environmental
protection.

In this connection the Council currently has before it a
proposal for a Regulation amending Regulation (EEC)
No 3906/89 ('), designed to extend the Phare programme
— which among other things provides for the financing of
environmental protection projects — to other countries of
Central and Eastern Europe.

4. As regards point 1 of the question in particular, the
Ministers at the abovementioned meeting agreed that the
first priority was to support the development of coherent
remedial strategies based on reliable data and information
on the environment and that the European Environment
Agency would be a useful tool to this end.

5. As for point 2 of the question, it should be noted
that the Ministers agreed on the need to establish as a
matter of urgency, and to implement in the countries of
Central and Eastern Europe, high environmental
protection standards and effective environmental impact
assessment procedures similar to those applying in the
Community, which implies consultation of the public
concerned under the Directive on the assessment of the

effects of certain public and private projects on the
environment ( [2] ).

6. As regards point 3 of the question, the Ministers
agreed to give priority to the urgent nuclear safety, air and
water quality problems affecting Central and Eastern
Europe and to intensify cooperation to that end.

7. Finally; with regard to point 4 of the question, it
should be noted that the Ministers called for measures to

ensure that economic reconstruction combined with

improved energy efficiency in all the countries of Central
and Eastern Europe would respect the principle of
sustainable development. They stressed that increased
prosperity could make greater resources available for
environmental protection and that a high standard of
protection could in itself lead to greater economic
benefits.

8. The Ministers and the Commissioner agreed that in
order to achieve the objectives set out in the conclusions
the countries of Central and Eastern Europe needed the
support of the European Community and its Member
States.

O OJ No L 375,23.12.1989.
O OJ No L 175, 5.7.1985.

3. 12. 90 Official Journal of the European Communities No C 303/65

WRITTEN QUESTION No 1941/90

by Mr Herman Verbeek (V)

to the Council of the European Communities

            _(1 September 1990)_

(90/C 303/126)

_Subject:_ Interpol and data protection

1. Is the Council aware of the resolution of the

Parliamentary Assembly of the Council of Europe (Doc.
6081, 4 July 1989), expressing concern that the
International Criminal Police Organization, Interpol,
transmits by computer personal data to all member
countries (including Iran, Chile and Libya; see also
_'L'Express'_ of 1 December 1989) without the individual
citizens or governments having any possibility of
monitoring — and even less influencing — Interpol
operations since the French Government (where Interpol
has its headquarters) has granted Interpol legal immunity?

2. Is the Council aware of articles appearing in the
American publication _'Freedom'_ (Jan./Feb. 1989 and
May/June 1989) once more drawing attention to the
active involvement of representatives of Interpol's
national bureaux in drug trafficking?

3. Is the French Government prepared to review its
agreements with Interpol, so that this organization can be
made subject to independent supervision?

4. In connection with freedom of movement for

persons and services within the EC, will the Council urge
the Commission to draw up a directive without delay
providing adequate guarantees for the protection of
personaldata — both inside and outside the EC — in
respect of citizens resident in the EC, which Interpol
could also be made to respect?

Answer

_(26 October 1990)_

1, 2 and 3. It is not for the Council to comment on the
functioning of Interpol; the organization's members
include the 12 Community Member States, which may
take such suitable initiatives as they see fit.

4. The Commission has just forwarded to the Council
a communication on the protection of individuals in
relation to the processing of personal data and
information security.

WRITTEN QUESTION No 2021/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(1 September 1990)_

(90/C 303/127)

_Subject:_ Member States' development cooperation
budgets

In May 1989 the Belgian cabinet adopted a three-year
plan with the objective of earmarking 0,7% of GNP for
development cooperation by October 1991, in accordance
with the Belgian Government's international
commitments. However, the cabinet made the
achievement of this objective conditional upon 'budgetary
possibilities' which are unfortunately considered to be
very restricted at present. Therefore Belgium may not be
able to respect its commitments.

Can the Council give information concerning
international commitments entered into by the other
Member States in respect of development cooperation
and the increases made by these Member States in terms
of the percentage of GNP earmarked for this purpose?
Will the Twelve have achieved the figure of 0,7 % by 1991 ?

Answer

_(17 October 1990)_

The only information available to the Council on the level
of Member States' development aid is that published
periodically by the OECD Development Assistance
Committee. It is suggested that the Honourable Member
refer to the statistics prepared by that Committee.

WRITTEN QUESTION No 2033/90

by Mr David Martin (S)

to the Council of the European Communities

_(5 September 1990)_

(90/C 303/128)

_Subject:_ Views of Council's officials

Can the Council confirm that* one of its officials,
addressed a visiting group of university professors on the
premises of the European Parliament on 22 May 1990,
during which he told them that all they needed to know
about the European Parliament could be written on the
back of a postage stamp and that the European
Parliament only had trivial influence Qn European
Community policy?

No C 303/66 Official Journal of the European Communities 3. 12. 90

Was the Council official expressing the Council's views
on this matter, or was this a personal opinion? If it was a
personal opinion, is this view widely shared among
members of the Council secretariat?

What will the Council do in order to increase Parliament's

influence, notably during the IGC?

Answer

_(26 October 1990)_

The Council cannot confirm the Honourable Member's

allegations.

The Council has on numerous occasions expressed its
view on the importance of the European Parliament and
of the proper functioning of parliamentary democracy.
Recently, for instance, the European Council meeting in
Dublin on 25 and 26 June 1990 took note of the results of

the Foreign Ministers' discussions on Political Union
which, in its section on 'democratic legitimacy', expressly
mentions increased involvement for the European
Parliament in the functioning of the Community.

WRITTEN QUESTION No 2058/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(5 September 1990)_

(90/C 303/129)

_Subject:_ Aid to Namibia

On 20 and 21 June 1990 at the UN Headquarters in New
York a 'Conference of Donors' was held to consider

requests for aid submitted by Namibia. The Windhoek
Government had submitted to governments and
supranational bodies a three-volume study detailing the
state of the Namibian economy, the economic policy
being formulated and the priority aid needs for the
reconstruction and development of the country. The
Namibian Government had asked for aid of $ 810 million
over the financial years 1990/91,1991/92 and 1992/93. It
was forced to note, although with a certain amount of
satisfaction, that the donors were restricting their
commitment for the three-year period to $ 518,5 million,
on the assumption that the $ 160 million for 1991/92
would be renewed for 1992/93.

What contributions were promised by each of the
Member States of the Community (by comparison with
the United States, Canada, India, Norway, Sweden,
South Africa, etc.) and the contribution by the European

Community as such (by comparison with UNESCO, the
Commonwealth, the UNDP, etc.). Is it true that, in
addition to finance, contributions 'in kind' are also to be
made, and if so what form will these take with regard to
the Community and/or its Member States?

Answer

_(26 October 1990)_

It is not for the Council to provide information on the
subject of bilateral aid from Member States.

As for the commitments given by the Community on that
occasion, which were announced by the Commission of
the European -Communities as administrator of the
Community aid programme in connection with the
independence of Namibia, the Honourable Member
should refer to the Commission's reply to his^Written
Question No 2057/90.

WRITTEN QUESTION No 2060/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(5 September 1990)_

(90/C 303/130)

_Subject:_ South African homelands and ecological

concerns

According to Alan B. Durning, an official of the
Worldwatch Institute in Washington, the homelands
created by the South African Government, where more
than half the black population live in poverty, represent
an ecological threat which is as serious as it is
unacknowledged. Over-population, the fragility of the
soil, erosion and the lack of conservation measures have

converted these areas into virtual deserts. The author

refers to a report by the South African Administration
itself which points out that 10 years ago 46 % of the soil in
the Ciskei region was already damaged by erosion, while
40% of pastureland was used for dangerously
over-intensive farming. The forests are also at risk,
mainly from over-population and the absence of domestic
energy sources other than wood. The report pointed out
that, if developments continued at the same rate, the
forests had no chance of survival and could well have

disappeared by 2020.

Will the Council raise this question in international
conferences on the environment and on apartheid and
bring the ecological argument to bear in addition to the
other compelling reasons for abolishing the homelands, a
key element of apartheid policy ?

3. 12. 90 Official Journal of the European Communities No C 303/67

Answer

_(26 October 1990)_

The Council has consistently stressed the importance of
international cooperation in environmental protection.

It should be recalled in particular that, in its resolution'of
19 October 1987 on the policy and fourth environmental
action programme of the European Communities (1987 to
1992), the Council stated that one of the priority action
areas was the support and, where appropriate, the active
involvement of the Community and its Member States in
international measures to protect the environment, within
the framework of their respective competences.

More recently, at its meeting in Dublin on 25 and 26 June
1990 the European Council highlighted the special
responsibility of the Community and its Member States to
encourage and participate in international action to
combat global environmental problems. The European
Council also considered that the Community must use
more effectively its position of moral, economic and
political authority to advance international efforts to
solve global problems and to promote sustainable
development and respect for the global commons.

In this context, the Community and its Member States are
involved among other things in the preparations for the
United Nations conference on environment and

development to be held in Brazil in 1992. It must be noted
here that the first meeting of the United Nations
Preparatory Committee, currently taking place (6 to 31
August 1990) in Nairobi, has entered several of the
concerns expressed by the Honourable Member on the
agenda for its proceedings, in particular deforestation,
erosion, desertification and drought.

WRITTEN QUESTION No 2072/90

by Mr Jesus Cabezon Alonso and Mr Jos6 Alvarez de Paz

(S)

to the Council of the European Communities

_(5 September 1990)_

(90/C 303/131)

_Subject:_ European legal area and checks on foreigners

Following the latest Schengen Agreements, particularly
those relating to checks on foreigners, treatment of
third-country nationals is and will continue to be a
political issue reflecting the Community's efforts to
perpetuate its dominant position.

Any process of political unification entails the risk of
exploiting and accentuating the underlying differences
with outsiders as a means of achieving internal cohesion.

Does the Council not consider that the most valid

approach to the status of foreign citizens is not one based
essentially on identity checks but one which involves the
creation of a legal area guaranteeing genuine
opportunities for the integration of foreign citizens
(freedom, welfare and freedom of movement in the
Community) ? How does it intend to create such an area?

Answer

_(17 October 1990)_

The Council would point out that the European Council,
meeting in Strasbourg, stated that it would like an
inventory to be prepared of national positions on
immigration so that a discussion on this issue within the
Council (General Affairs) could be prepared.

Preparation of this inventory is under way and the
Presidency will see to the arrangements for the discussion
requested by the European Council.