Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 51
# Official Journal

Volume 39

### of the European Communities

##### English edition Information and Notices

21 February 1996

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

96 / C 51 / 01 E-404 / 95 by Jean-Pierre Raffarin to the Commission
Subject : Funding of the ' Coupe d'Europe des Saveurs régionales ' ( Supplementary answer ) .... 1

96 / C 51 / 02 E-2051 / 95 by Wolfgang Nußbaumer to the Commission
Subject : Funding of trans-European networks 1

96 / C 51 / 03 E-2 135 / 95 by Alexandros Alavanos to the Commission
Subject : Audiovisual sector and employment 2

96 / C 51 / 04 E-2138 / 95 by Cristiana Muscardini to the Commission
Subject : Inquiry into fraud by agricultural cooperatives 3

96 / C 51 / 05 E-2159 / 95 by Markus Ferber to the Commission
Subject : Future Community initiatives to increase the competitiveness of the European aerospace
industry vis-a-vis its counterparts in the USA and Asia 4

96 / C 51 / 06 E-2 173 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control / Commission remit on international water pollution
control commissions 4

96 / C 51 / 07 E-2 196 / 95 by Ursula Schleicher to the Commission

'
Subject : European water pollution control — drinking water ' cocktail 5

96 / C 51 / 08 E-2220 / 95 by Josu Imaz San Miguel to the Commission
Subject : Use of illegal drift nets 6

###### EN

I Price : ECU 19,50 ( Continued overleaf )

Notice No

96 / C 51 / 09

96 / C 51 / 10

96 / C 51 / 11

96 / C 51 / 12

96 / C 51 / 13

96 / C 51 / 14

96 / C 51 / 15

96 / C 51 / 16

96 / C 51 / 17

96 / C 51 / 18

96 / C 51 / 19

96 / C 51 / 20

96 / C 51 / 21

96 / C 51 / 22

96 / C 51 / 23

###### EN

Contents ( continued ) Page

E-223 9 / 95 by Alexandros Alavanos to the Commission
Subject : Completion of unfinished projects from the first CSF for western Greece ( ERDF ) . . .

E-2258 / 95 by Erich Schreiner to the Commission
Subject : EMU Information campaign

E-22 59 / 95 by Erich Schreiner to the Commission
Subject : EMU Information campaign

Joint answer to Written Questions E-2258 / 95 and E-2259 / 95

E-2279 / 95 by Gerardo Fernández-Albor to the Commission
Subject : Permanent seat of the Institute for Euro-Latin American Relations

E-2300 / 95 by Michl Ebner to the Commission
Subject : Allocation of EU resources to South Tirol ( Italy )

E-2340 / 95 by Michl Ebner to the Commission
Subject : Allocation of EU appropriations to Trentino ( Italy )

Joint supplementary answer to Written Questions E-2300 / 95 and E-2340 / 95

E-23 12 / 95 by Frode Kristoffersen to the Commission
Subject : Citizens ' access to the information society

E-23 15 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Fisheries agreement between the EU and Canada

E-2321 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Fisheries agreement with Morocco

E-2325 / 95 by Marie-Paule Kestelijn-Sierens to the Commission
Subject : EAGGF support

E-2350 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Removal of regulatory barriers to competitiveness for European industry

E-2351 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : ' Culture and social exclusion ' programme

E-23 65 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Difficulties in the fishing industry

E-2376 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : EU support for industrial projects in China

E-23 78 / 95 by Jose Apolinário to the Commission
Subject : Implementation of the European Union 's fisheries agreements with the Seychelles, Angola,
The Gambia, Guinea-Bissau, Sao Tome e Principe, Mauritania, Mauritius, Madagascar, Cape
Verde and Argentina

7

7

7

8

8

9

9

9

10

10

10

11

11

12

12

13

13

Notice No Contents ( continued ) Page

96 / C 51 / 24 E-2 379 / 95 by Sergio Ribeiro to the Commission
Subject : Negotiations with Morocco and the sardine canning industry 14

96 / C 51 / 25 E-2420 / 95 by Graham Mather to the Commission
Subject : Policing the Directive on live animal transport 14

96 / C 51 / 26 P-2450 / 95 by Ivar Virgin to the Commission
Subject : EU classification of fruit and vegetables 15

96 / C 51 / 27 E-2454 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Closure of Lee Europe in Ypres — implementation of Parliament 's resolution of 13 July
1995 15

96 / C 51 / 28 E-2458 / 95 by Phillip Whitehead to the Commission
Subject : Freedom of movement 16

96 / C 51 / 29 P-2469 / 95 by Phillip Whitehead to the Commission
Subject : Directive concerning product liability 17

96 / C 51 / 30 E-2472 / 95 by Werner Langen to the Commission
Subject : Reform of the organization of the market in bananas 17

96 / C 51 / 31 E-25 04 / 95 by Amedeo Amadeo to the Commission
Subject : Hormones administered to farm animals ( cattle ) 18

96 / C 51 / 32 E-25 16 / 95 by Kenneth Stewart to the Commission
Subject : Merseyside — Objective 1 18

96 / C 51 / 33 E-2523 / 95 by Carles - Alfred Gasoliba i Bohm to the Commission
Subject : Geographical indications and designations of origin for agricultural products and
foodstuffs 20

96 / C 51 / 34 E-2535 / 95 by Jose Valverde Lopez to the Commission
Subject : Transposition into Spanish law of the Directive on the killing of wild game and the placing
on the market of wild-game meat 20

96 / C 51 / 35 E-2536 / 95 by Jose Valverde Lopez to the Commission
Subject : Transposition into Spanish law of the Directive on the production and placing on the
market of raw milk, heat-treated milk and milk-based products 20

96 / C 51 / 36 E-2537 / 95 by Jose Valverde Lopez to the Commission
Subject : Transposition into Spanish law of the Directive establishing Community methods of
analysis for the official control of feedingstuffs 21

96 / C 51 / 37 E-25 3 8 / 95 by Jose Valverde Lopez to the Commission
Subject : Transposition into Spanish law of the Directive establishing Community methods of
analysis for the official control of feedingstuffs 21

96 / C 51 / 38 E-2539 / 95 by Jose Valverde Lopez to the Commission
Subject : Transposition into Spanish law of the Directive on health problems affecting trade in fresh
poultrymeat 21

96 / C 51 / 39 E-2540 / 95 by Jose Valverde Lopez to the Commission
Subject : Transposition into Spanish law of the Directive on maximum levels for pesticide residues
in and on cereals and foodstuffs of animal origin 21

###### EN

( Continued overleaf )

Notice No

96 / C 51 / 40

96 / C 51 / 41

96 / C 51 / 42

96 / C 51 / 43

96 / C 51 / 44

96 / C 51 / 45

96 / C 51 / 46

96 / C 51 / 47

96 / C 51 / 48

96 / C 51 / 49

96 / C 51 / 50

96 / C 51 / 51

96 / C 51 / 52

96 / C 51 / 53

96 / C 51 / 54

96 / C 51 / 55

###### EN

Contents ( continued ) Page

E-2541 / 95 by Jose Valverde Lopez to the Commission
Subject : Transposition into Spanish law of the Directive on conditions to be met by vegetable
propagating and planting material

Joint answer to Written Questions E-2535 / 95 to E-2541 / 95

E-2552 / 95 by Carmen Fraga Estévez to the Commission
Subject : Request by the Mauritanian authorities for a fishing moratorium for biological reasons

( Fisheries Agreement between the European Union and the Islamic Republic of Mauritania )

E-2563 / 95 by Richard Howitt to the Commission
Subject : Konver

E-2 569 / 95 by Glyn Ford to the Commission
Subject : Import tax on fuel in heavy goods vehicles entering France

E-2578 / 95 by James Provan to the Commission
Subject : Electro-magnetic compatibility regulations and supply of kits for amateur radio users

E-25 82 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Schwarze Pumpe lignite-fired power station

E-2584 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Cohesion Fund and environmental impact assessments

E-2585 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Financial support for North Korea 's nuclear industry

E-2594 / 95 by Marianne Thyssen to the Commission
Subject : Fraud involving meat export subsidies

E-2602 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : The Urban programme

E-2603 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : The notion of ' disaster ' and the CAP

E-2604 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : The effects of drought on arable farming and stockfarming

E-260 5 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : The effects of drought on agricultural incomes

E-2608 / 95 by Jesus Cabezón Alonso to the Commission
Subject : Structural aid and the application of Directive 91 / 493 / EEC

E-2609 / 95 by Jesus Cabezón Alonso to the Commission
Subject : Application of Directive 91 / 493 / EEC

Joint answer to Written Questions E-2608 / 95 and E-2609 / 95

P-26 10 / 95 by Eryl McNally to the Commission
Subject : Telematics Application Programme

21

21

22

22

23

23

24

25

25

26

26

27

27

28

28

29

29

29

Notice No Contents ( continued ) Page

96 / C 51 / 56 E-2614 / 95 by Michl Ebner to the Commission
Subject : New initiatives in the spirit of the Madrid Convention 30

96 / C 51 / 57 E-2623 / 95 by Amedeo Amadeo to the Commission
Subject : American wines 31

96 / C 51 / 58 E-2628 / 95 by Christof Tannert to the Commission
Subject : Application of the common transit procedure 31

96 / C 51 / 59 E-2629 / 95 by Karl Schweitzer to the Commission
Subject : Trans-European water network 32

96 / C 51 / 60 E-2632 / 95 by Caroline Jackson to the Commission
Subject : Welfare of pigs in France 32

96 / C 51 / 61 E-2636 / 95 by Iñigo Mendez de Vigo to the Commission
Subject : European legislation on the drought 32

96 / C 51 / 62 E-2638 / 95 by Niels Sindal and Kirsten Jensen to the Commission
Subject : Labelling of liver sausage 33

96 / C 51 / 63 E-2643 / 95 by Spalato Belleré to the Commission
Subject : Near-miss of two aircraft 33

96 / C 51 / 64 E-2733 / 95 by Amedeo Amadeo and Cristiana Muscardini to the Commission
Subject : Air transport 33

Joint answer to Written Questions E-2643 / 95 and E-2733 / 95 34

96 / C 51 / 65 E-2646 / 95 by Maartje van Putten to the Commission
Subject : Regulation 404 / 93 — banana production in ACP States 34

96 / C 51 / 66 E-2652 / 95 by Luciano Vecchi to the Commission
Subject : Access to the Commission 's central library 35

96 / C 51 / 67 E-2 665 / 95 by Miguel Arias Cañete to the Commission
Subject : Exceeding of regional base areas for dry farming in Spain 36

96 / C 51 / 68 E-2667 / 95 by Miguel Arias Cañete to the Commission
Subject : Penalties for exceeding base areas 36

Joint answer to Written Questions E-2 665 / 95 and E-2667 / 95 36

96 / C 51 / 69 E-2 666 / 95 by Miguel Arias Cañete to the Commission
Subject : Exceeding of regional base areas for irrigation in Spain 36

96 / C 51 / 70 E-2668 / 95 by Gerard Deprez to the Commission
Subject : Directive 64 / 433 / EEC and possible confusion about the origin of slaughtered animals —
Reply to my Written Question E-1620 / 95 37

96 / C 51 / 71 E-2672 / 95 by Susan Waddington to the Commission
Subject : VAT harmonization on tourism services 37

###### EN

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 51 / 72 E-2676 / 95 by Sergio Ribeiro to the Commission
Subject : Discrimination against women in recruitment procedures 38

96 / C 51 / 73 E-2692 / 95 by Jose Valverde Lopez to the Commission
Subject : Incorporation into Spanish law of the Directive on the animal health conditions governing
the placing on the market of aquaculture animals and products 38

96 / C 51 / 74 E-2694 / 95 by Jose Valverde Lopez to the Commission
Subject : Incorporation into Spanish law of the Directive concerning the placing of plant protection
products on the market 39

Joint answer to Written Questions E-2692 / 95 and E-2694 / 95 39

96 / C 51 / 75 E-2697 / 95 by Jose Valverde Lopez to the Commission
Subject : Incorporation into Spanish law of the Directive on the conditions to be met by fruit plant
propagating material 39

96 / C 51 / 76 E-2702 / 95 by Alexandros Alavanos to the Commission
Subject : Marina at Ayios Haralambos in Mykonos 39

96 / C 51 / 77 E-2703 / 95 by Mihail Papayannakis to the Commission
Subject : The building of a marina at Ayios Haralambos, Mykonos 40

Joint answer to Written Questions E-2702 / 95 and E-2703 / 95 40

96 / C 51 / 78 E-2708 / 95 by Stephen Hughes to the Commission
Subject : Community initiatives — Urban 40

96 / C 51 / 79 E-2714 / 95 by Daniel Varela Suanzes-Carpegna to the Commission
Subject : Halting of a planned rail link between Ferrol and As Pontes de Garcia Rodriguez ... 41

96 / C 51 / 80 E-2720 / 95 by Mathias Reichhold to the Commission
Subject : Double tolls in Austria as an infringement of EU competition law 41

96 / C 51 / 81 E-2727 / 95 by Christoph Konrad to the Commission
Subject : Implementation of the agreement of 9 February 1994 on charging for the use of certain
roads by heavy vehicles and Directive 93 / 89 / EEC on taxation and tolls 41

96 / C 51 / 82 E-2734 / 95 by Cristiana Muscardini to the Commission
Subject : Restructuring of Olivetti 's computer industries 42

96 / C 51 / 83 E-2743 / 95 by Florus Wijsenbeek to the Commission
Subject : TIR licence 43

96 / C 51 / 84 E-2745 / 95 by Jannis Sakellariou to the Commission
Subject : Relocation of industrial firms using EU funds 44

96 / C 51 / 85 E-2748 / 95 by Mark Watts to the Commission
Subject : Transport telematics 44

96 / C 51 / 86 P-2762 / 95 by Edouard des Places to the Commission
Subject : European rules on sheepmeat and goatmeat premium rights 45

96 / C 51 / 87 P-2763 / 95 by Vassilis Ephremidis to the Commission
Subject : Abolition of the milk quota for Greece 45

96 / C 51 / 88 P-2764 / 95 by Blaise Aldo to the Commission
Subject : Effects of hurricane Luis in the Caribbean 46

###### EN

Notice No Contents ( continued ) Page

96 / C 51 / 89

96 / C 51 / 90

96 / C 51 / 91

96 / C 51 / 92

96 / C 51 / 93

96 / C 51 / 94

96 / C 51 / 95

96 / C 51 / 96

P-2766 / 95 by Ioannis Theonas to the Commission
Subject : Plight of the long-term unemployed in Greece 47

P-2767 / 95 by Lilli Gyldenkilde to the Commission
Subject : Rulings on the environment 48

E-2768 / 95 by Stanislaw Tillich to the Commission
Subject : Allocation of Synergy programme resources in 1995 48

E-2772 / 95 by Anne McIntosh to the Commission
Subject : Promotion of the rights of the citizens of the European Union 49

P-2783 / 95 by Honor Funk to the Commission
Subject : Value added tax ( VAT ) and input tax rates on agricultural products in the various Member
States of the EU 49

P-2784 / 95 by Susan Waddington to the Commission
Subject : EVA programme and the use of chimpanzees for research 51

E-2791 / 95 by Alexandros Alavanos to the Commission
Subject : Decision by the management committee for cotton 51

E-2798 / 95 by Imelda Read to the Commission

Subject : Space and advertising 52

96 / C 51 / 97 E-2807 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Methods for measuring unemployment 52

96 / C 51 / 98

96 / C 51 / 99

96 / C 51 / 100

E-2823 / 95 by Gijs de Vries to the Commission
Subject : Infringement of European legislation on public works tendering 52

E-2847 / 95 by Johanna Maij-Weggen to the Commission
Subject : Forthcoming elections on 12 November 1995 in Guatemala 53

P-2854 / 95 by Nikitas Kaklamanis to the Commission

Subject : Kozloduy 54

96 / C 51 / 101 E-2860 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Urban initiative in Spain 54

96 / C 51 / 102

96 / C 51 / 103

96 / C 51 / 104

96 / C 51 / 105

E-28 65 / 95 by Cristiana Muscardini to the Commission
Subject : Rheumatic diseases 55

E-28 66 / 95 by Gijs de Vries to the Commission
Subject : Delays in dealing with a complaint 55

E-28 71 / 95 by Winifred Ewing to the Commission
Subject : Study on effects of summertime 56

E-2893 / 95 by Iñigo Mendez de Vigo to the Commission

Subject : Complaint against Japan 56

96 / C 51 / 106 E-28 96 / 95 by Bartho Pronk to the Commission
Subject : Social dialogue with small and medium-sized enterprises : supplementary question ... 57

EN

( Continued overleaf )

Notice No

96 / C 51 / 107

96 / C 51 / 108

96 / C 51 / 109

96 / C 51 / 110

96 / C 51 / 111

96 / C 51 / 112

96 / C 51 / 113

96 / C 51 / 114

96 / C 51 / 115

96 / C 51 / 116

96 / C 51 / 117

96 / C 51 / 118

96 / C 51 / 119

96 / C 51 / 120

96 / C 51 / 121

96 / C 51 / 122

96 / C 51 / 123

96 / C 51 / 124

96 / C 51 / 125

###### EN

Contents ( continued ) p age

E-28 97 / 95 by Christian Rovsing to the Commission
Subject : Incorrect statistical data 57

E-2905 / 95 by Peter Crampton to the Commission
Subject : Harmonization of safety standards at swimming pools 58

E-29 19 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Garching research reactor — highly enriched uranium 58

P-2931 / 95 by Caroline Jackson to the Commission
Subject : Contraventions of the birds Directive on Chios 59

E-2932 / 95 by Mary Banotti to the Commission
Subject : Tomato and horticulture producers 59

E-293 5 / 95 by Bernie Malone to the Commission
Subject : Female infanticide in the Bihar region of India 60

E-2947 / 95 by Christine Crawley to the Commission
Subject : Sarah Balabagan 60

E-2952 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : EU support for industrial projects in China 61

E-2961 / 95 by Martina Gredler to the Commission
Subject : Decision by European Court of Justice necessitates review of equal treatment
Directive 61

E-297 5 / 95 by Carlos Robles Piquer to the Commission

Subject : The Aral Sea *. 61

E-2976 / 95 by Carlos Robles Piquer to the Commission
Subject : Possible agreement on the Spratly Islands 62

E-2978 / 95 by Karl Olsson to the Commission
Subject : Egg market situation in Sweden 63

P-3032 / 95 by Jörn Svensson to the Commission
Subject : Egg production 63

Joint answer to Written Questions E-2978 / 95 and P-3032 / 95 63

E-2987 / 95 by Irene Crepaz to the Commission
Subject : Receiving the right to maternity leave and maternity allowance legally obtained in one
Member State in another Member State of the European Union 64

E-2991 / 95 by Glyn Ford to the Commission
Subject : Qualifying age for widow 's pension 64

E-2993 / 95 by Glyn Ford to the Commission
Subject : Chernobyl 65

E-30 13 / 95 by Amedeo Amadeo to the Commission
Subject : Legal profession 65

E-3022 / 95 by Iñigo Mendez de Vigo to the Commission
Subject : Anti-dumping levy in respect of imports of bags and textiles from Turkey 66

E-303 9 / 95 by Anita Pollack to the Commission
Subject : Directive on works councils 66

( Continued on inside back cover )

Notice No Contents ( continued ) Page

96 / C 51 / 126 E-3040 / 95 by Gerardo Fernández-Albor to the Commission
Subject : Pooling of ideas to reduce the level of unemployment in the Member States 67

96 / C 51 / 127 P-3054 / 95 by Ivar Virgin to the Commission
Subject : Analysis of the environmental impact of nuclear tests 67

96 / C 51 / 128 E-320 9 / 95 by James Fitzsimons to the Commission
Subject : EU aid to universities in Ireland 68

96 / C 51 / 129 E-3253 / 95 by Amedeo Amadeo to the Commission
Subject : Human rights — repatriation of the remains of the Savoy kings 68

96 / C 51 / 130 E-3276 / 95 by Spalato Belleré to the Commission
Subject : Repatriation of the bodies of the Italian royal family 68

Joint answer to Written Questions E-3253 / 95 and E-3276 / 95 68

96 / C 51 / 131 E-3433 / 95 by Erhard Meier to the Commission
Subject : EU subsidies for Austria 68

###### EN

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-404 / 95

WRITTEN QUESTION E-2051 / 95

Raffarin ( PPE ) by Wolfgang Nufibaumer ( NI )

to the Commission to the Commission

by Jean-Pierre Raffarin ( PPE )

to the Commission

( 15 February 1995 )

( 12 July 1995 )

( 96 / C 51 / 01 ) ( 96 / C 51 / 02 )

Subject : Funding of the ' Coupe d'Europe des Saveurs

régionales '

The European Parliament voted to include in the budget for

1995 an appropriation of ECU 1 million for the ' Coupe
d'Europe des Saveurs regionales '.

The aim of this event is to promote regional products of
quality in Europe .

The appropriation was entered under item Bl-381, ' Quality
promotion measures '.

What measures does the Commission intend to adopt to
ensure that this event is indeed organized with its
support ?

Supplementary answer given by Mr Fischler

Subject : Funding of trans-European networks

At the Transport Council meeting of 20 June 1995 in
Luxemburg, the Council was unable to reach agreement on
the draft formal conclusions on funding the priority projects
of the trans-European networks owing to a dispute
concerning the distribution of appropriations . As a result,
no decision was taken on allocating appropriations for the

14 priority projects drawn up in Essen for the period
1997 — 1999 owing to a veto by Italy and Spain . One of the
priority projects affected, for which EU funding from 1997
to 1999 is now uncertain, is the link between Munich

( Germany ) and Verona ( Italy ).

How does the Commission envisage that the
Munich-Verona connection might be funded following
Italy 's veto of the original proposal ?

on behalf of the Commission Answer given by Mr Kinnock

( 10 November 1995 ) on behalf of the Commission

( 18 October 1995 )

On 26 July the Commission took a decision endorsing the
payment of a contribution for the ' Coupe d'Europe des
Saveurs regionales '. This contribution, in the form of
cofinancing for the programme presented by the
Poitou-Charentes region, will cover a maximum of 50 % of
the total budget, up to the sum of ECU 1 million .

Financing of the trans-European transport network is
primarily the responsibility of Member States although the
Community does contribute to their financing, especially
through structural assistance and direct support for
trans-European networks . In the case of the Munich-Verona
link ( the Brenner axis ), only one Community funding source
is available : the trans-European networks ( TEN ) budget line

No C 51 / 2 EN Official Journal of the European Communities 21 . 2 . 96

( B5-700 ). The contribution from this line is limited . Council
Regulation ( EC ) No 2236 / 95 ( ! ) regulating the management
of this budget line allows in principle contributions of up to
50% for feasibility studies together with interest rate
subsidies and guarantees within a total of 10 % of the cost of
the whole project . However, the outlook for the TENs
budget for the years 1995 — 1999 ( around ECU 1 800
million ) will allow a total contribution to the global
investment costs of the 14 priority projects ( in the order of
ECU 90 billion ) of just 2% up to 1999 .

As agreed at the Cannes summit, the Commission will
allocate a substantial part of the budget line to the 14
projects . The structure of the financing of the
Munich-Verona link remains the responsibility of the three
Member States concerned, Germany, Austria and Italy .
These Member States have launched a joint analysis to
review the financing aspects of the link, the results of which
will not be available before the end of 1996 . In the meantime

upgrading work in Austria and Italy continues with the aid
of the Community TENs budget line . However, work on the
main construction, the Brenner tunnel, cannot be expected
to commence before the year 2000 .

Apart from grant finance, the Community may also
participate in the financing of projects through European
investment bank ( EIB ) loans and European Investment Fund

( EIF ) guarantees . In the present case the EIB is providing a
loan of ECU 362 million for works on the Italian access

railway routes to the Brenner tunnel . The possibility of a
future involvement of the EIF should not be excluded .

(!) OJ No L 228, 23 . 9 . 1995 .

WRITTEN QUESTION E-2135 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 19 July 1995 )

( 96 / C 51 / 03 )

Subject : Audiovisual sector and employment

EU policies in the audiovisual sector have foundered either
because they have been abrogated in practice ( Directive
552 / 89 / EEC (*)), or because of impasses in decision-taking

( pluralism and concentration in SMUs ). At the same time
the focus of policy in this and in the related broader sector of
communications is shifting and being determined by the
' information society ' promoted by the Commission 's
DG XIII . This shift of interest and of the centre of gravity of
policy in this area is taking place in the absence of the

branches concerned, with the exception of certain owners,
as the consultation procedure employed by DG XV
involving the relevant professional and political bodies on
the subject of pluralism during the 1993 — 1995 period
shows . The basis on which such a shift of policy is ' based ' is
the ' competitiveness ' of European undertakings and the
exploitation of the promise of ' employment ' offered by the

new sectors .

Will the Commission say :

1 . In which audiovisual sectors is employment increasing,
and what data and research findings have been used to
reach this conclusion ? In so far as employment is
declining, how does it interpret this and what measures
will be taken to combat this trend ?

2 . How did the indicator, the increase of which constitutes
one of the strategic objectives of the European Union
according to the 1993 White Paper, fluctuate during the

1985—1989 and 1989—1995 periods ?

3 . What is the level of employment in the audiovisual
sector and in the European audiovisual area, firstly, as a
total, and, secondly, broken down by country, and what
conclusions does the Commission draw from current

trends ?

(') OJ No L 298, 17 . 10 . 1989, p . 23 .

Answer given by Mr Oreja
on behalf of the Commission

(8 November 1995 )

The development of a Community audiovisual policy
reflects the need to take into account the specific
characteristics of this sector, including its social and cultural
dimensions . The prospect of a global information society
does not undermine those specific concerns which remain
crucial, but offers new opportunities in terms of growth and
employment within the audiovisual sector .

The 1993 Commission white paper, to which the
Honourable Member refers, has given an illustration of this
potential growth . It cites a Eurostat estimate for the number
of people involved in audiovisual software of 1,8 million .
According to further studies, it seems that this figure is
accurate in as far as it relates to the number of individuals,
including casual and part-time employees, working in the

sector .

The growth prospects for the audiovisual sector are difficult
to predict for at least two reasons . First, it must be
recognised that statistics for the audiovisual sector are

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 3

inadequate at Community level . Employment data are WRITTEN QUESTION E-2138
hap-hazard and suffer from inconsistency, from year to year by Cristiana Muscardini ( NI )
and from Member State to Member State . Moreover, as to the Commission
stated in the white paper, growth will largely depend on
industrial choices that still have to be made in the sector . 19 1995

WRITTEN QUESTION E-2138 / 95

to the Commission

( 19 July 1995 )

Nevertheless, figures can be reported from several sources

( 1993 OMSYC report and ID ATE 1994—1995 world
audiovisual market study ). These suggest that over the
period 1983 — 1992, audiovisual turnover in Europe grew
by 204 % in nominal terms, and by 9 % as, a percentage of
GDP . Between 1985 and 1992, the rate of growth was
higher ( 15 % ). As an example, in the television broadcasting
market average annual growth rates over the period

1987 — 1992 were higher in Europe ( 5,2 % ), than in North
America ( 2,5% ).

According to these studies, it can be also seen that, for the
same period, employment in the television broadcasting
sector doubled, and for cable television the increase was
three-fold . While some traditional areas have remained

relatively static and others, like cinema, have shrunk,
employment growth in the video retail sector is estimated to
have been 250 % . Generally, recent studies on behalf of the
Commission show that employment in this sector represents
about 0,7% of community employment, with a 37%
increase over the period 1983 — 1992, which represents an
average annual increase growth rate of 4% .

The development of digital television and of a wide range of
new audiovisual services ( specialized channels, pay-per ­
view ) will consolidate this growth pattern . Accordingly,
demand in the audiovisual software sector in Europe is
already growing vigorously . In addition, the nature and
structure of employment reveals a remarkable potential for
job creation in this sector .

The Commission expressed more precisely its views on
those opportunities and challenges in its 1994 green paper
' Strategy options to strengthen the European programme
industry in the context of the audiovisual policy of the
European Union ' ( ! ) on which Parliament adopted a
resolution . Moreover, the Commission recently submitted
to the Parliament and the Council two proposals concerning
a Community programme to support training, development
and distribution in the audiovisual industry ( MEDIA II ) ( 2 )
and a proposal for a directive amending Directive
89 / 552 / EEC ' television without frontiers ' ( 3 ). In addition,
the Commission is preparing a further proposal for a
financial instrument aiming at stimulating investments in
the European programme industry .

( 96 / C 51 / 04 )

Subject : Inquiry into fraud by agricultural cooperatives

1 . Is the Commission aware that agricultural
cooperatives ( COOP ) in Veneto have gone bankrupt and
been wound up after collecting large sums of money from
the Community ?

2 . Will the Commission conduct inquiries and checks to
ascertain at least whether, after a brief period as going
concerns, the cooperatives, which were created for the
specific purpose of extorting money from Community
taxpayers and disappeared without any apparent trace, used
bankruptcy as an expedient for transferring some or all of
the sums received to the political parties with which they
had connections ?

3 . What will the Commission do to prevent similar
scandalous swindles and the enormous waste of public
money in the future ?

Answer given by Mrs Gradin
on behalf of the Commission

(2 October 1995 )

According to the legislation already in force, the Member
States must communicate cases of fraud and irregularity and
their follow-up . To date, the Commission has not received a
communication in this matter but it has been informed that

proceedings have been opened in Italy concerning the
cooperatives mentioned by the Honourable Member . In the
framework of these proceedings the Commission is
cooperating with the Italian judicial authorities .

89 / 552 / EEC ' television without frontiers ' ( 3 ). In addition, With regard to the general question raised by the
the Commission is preparing a further proposal for a Honourable Member, the Commission would observe that
financial instrument aiming at stimulating investments in its 1995 work programme (*) contains a number of specific

priorities, such as targetting high risk sectors in ' on the

the European programme industry .

ground operations ', strengthening the partnership between
the Commission and Member States as well as improving
(') COM(94 ) 96 final . the legislative framework in every sector of activity .

( 2 ) COM(94 ) 523 final .

( 3 ) COM(95 ) 86 final .
(') COM(95 ) 23 .

No C 51 / 4 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-2159 / 95

by Markus Ferber ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 51 / 05 )

Subject : Future Community initiatives to increase the

competitiveness of the European aerospace
industry vis-a-vis its counterparts in the USA and
Asia

Will the Commission state :

1 . What opportunities it sees for future Community

initiatives financed through the Structural Funds to help
restructure the European aerospace industry ?

2 . Whether it regards Structural Funds resources
exclusively as an instrument for increasing
competitiveness within the EU ?

3 . Whether, given the increasingly fierce global
competition within the aerospace industry, the EU
should not make more resources available to boost

European producers ' competitiveness vis-a-vis their US
and Asian counterparts ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(5 October 1995 )

1 . The Honourable Member 's attention is drawn to the

fact that the purpose of the Structural Funds is to promote
economic and social cohesion in the Community, as set
forth in Articles 130a, b, c and d of the Treaty . This means
that the Funds are not there for the restructuring of
particular industries but to deal with the effects such
restructuring might have on the economies of regions where
restructuring industries are established .

2 . One of the Structural Funds objectives is, certainly, to
strengthen competitiveness, but only insofar as this
contributes towards economic and social cohesion in the

Community . On the other hand, under regional policy, the
promotion of economic, industrial and technological
development in certain less developed parts of the
Community by establishing aircraft and aerospace
industries there would be encouraged as long as these
industries disseminated technological know-how, raised the
level of competitiveness and increased the research and
development potential . In this context the Structural Funds
could contribute to the extent allowed by their rules on
geographical and other eligibility and in line with usual
Fund practice regarding the establishment of
undertakings .

3 . Concerning the commercial challenges the European
aircraft and aerospace industries are facing, the Commission
analysed the problems in its communication ' The European

aircraft industry : First assessment and possible Community
actions ' ( 1 ). In view of the essential role of the technology
base in these industries, the Commission recently
announced the setting up of a task force on new generation
aircraft . Its aim will be to encourage the more effective
deployment of the Community 's research resources, to
foster links between industry and research and thereby
promote competitiveness and to reinforce the capacity of the
industries to match the competition and innovate .

(M COM(92 ) 164 final .

WRITTEN QUESTION E-2 173 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 51 / 06 )

Subject : European water pollution control / Commission

remit on international water pollution control
commissions

The various international water pollution control
conventions, in particular the UN-ECE Convention on the
protection and use of trans-boundary watercourses and
international lakes, call for agreements which foster
cooperation on river basins between the neighbouring
countries concerned . As a rule, the EU is a party to these
conventions .

1 . What is the Commission 's role on the international

water pollution control commissions ?

2 . Can the Commission play a leading role and provide
assistance ? If not, why not ?

3 . Does it see a need for improved cooperation ? If so, what
form might it take ?

4 . Does its role in such international water pollution
control commissions not need to be reviewed and its

terms of reference made clearer ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 November 1995 )

The Council approved the Convention on the Protection
and Use of Transboundary Watercourses and International
Lakes on behalf of the Community by Decision 95 / 308 / EC
of 24 July 1995 ( J ).

The Commission, representing the Community, is a driving
force in the work on international conventions . In

21 . 2 . 96 I EN | Official Journal of the European Communities No C 51 / 5

particular, it provides its experience in formulating targeted
action programmes and supplying all relevant information
and, if necessary, proposes appropriate measures within the
framework or scope of the conventions . At the same time,
indirectly, it provides financial support for attaining the
objectives of reducing and ending pollution in specific
regions ( for example, Phare ). It also ensures that the
Member States, as contracting parties to the conventions,
comply with the Community legislation .

Under these circumstances, the Commission considers that
the cooperation with the Contracting Parties to the
conventions is excellent and sees no need to reexamine its

position and define a mandate, since it represents the
Community .

(!) OJ No L 186, 5 . 8 . 1995 .

WRITTEN QUESTION E-2 196 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

5 . Is it true that the consumer is falling back more on
natural mineral water or bottled water because they are
assumed to be better-quality drinking water ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 31 October 1995 )

1 . Water which complies with the parametric values laid
down in the proposal for a revision of the drinking water
Directive ( J ) will be wholesome and meet all hygienic
requirements . However some local conditions may require
further checks on particular aspects, and in the proposal for
a revised drinking-water Directive, Member States are
obliged to set values for additional parameters not included
in Annex I, where the protection of human health in their
national territory or part of it so requires . They are of course
free to set stricter standards than those specified in Annex I,
and to set standards for other parameters not included in
Annex I, but they may only do so in a manner which is
compatible with the EC Treaty and may not use such
standards as a barrier to trade .

( 96 / C 51 / 07 ) 2 . The Member States, where they so choose, are under
the EC Treaty at liberty to provide their own national
treatment requirements for drinking water .

Subject : European water pollution control — drinking

water ' cocktail '

Regardless of all claims to the contrary, the proposed new
text amending the drinking-water Directive represents a
retrograde step insofar as it no longer lays down original
purity of the drinking water as a quality target, but, rather,
only that it be drinkable . The latter, i . e . the level of health
protection provided by that Directive, would have to be
complied with, however . Organoleptic parameters or
indicator parameters would no longer be regulated in
binding form at European level, though they are very
significant in terms of drinking water prophylaxis .

1 . Is it possible for a Member State to lay down drinking
water purity requirements which are stricter in terms of
not only epidemic prevention, but also general hygiene,
in order to guarantee purity ?

2 . Can the Member States derive clean-up obligations from
this ?

3 . In particular, does this provide a level of protection
which is consistent with the requirements of the mineral
water Directive ?

4 . Does the proposed drinking water directive possibly
focus on consumer protection only, and is therefore the
proposed legal basis — Article 130s — correct ?

3 . The parametric values in the proposal for a revised
drinking-water Directive, may be different from those
existing or that might be established in the proposal for a
revision of the mineral-waters Directive . This is inter alia

due to the fact that natural mineral waters are untreated

waters coming from very particular sources protected from
pollution, wheras tap and other bottled waters are usually
treated to render them suitable for consumption .

4 . The proposal for a revised drinking-water Directive is
not focused only on consumer protection . The central
objective of the proposal is the protection of human health .
Accordingly, Article 130s of the EC Treaty is the
appropriate legal basis .

5 . Although the market for bottled waters and in
particular natural mineral waters has expanded very much
in the last few years, it is a matter of conjecture whether
consumers are using more natural mineral water and bottled
water than tap water in the Community, due to a belief that
such products are of better quality than drinking water .

(M COM(94 ) 612 final .

No C 51 / 6 1 EN 1 Official Journal of the European Communities 21 . 2 . 96

Answer given by Mrs Bonino

WRITTEN QUESTION E-2220 / 95 Answer given by Mrs Bonino
on behalf of the Commission

by Josu Imaz San Miguel ( PPE )

to the Commission ( 15 September 1995 )

( 28 July 1995 )

( 961 C 51 / 08 )

Subject : Use of illegal drift nets

On the morning of 2 July 1995 the French tuna-fishing
vessel ' Fils de l'Ocean ' took flight after the Spanish vessel
' Siempre Maria Yolanda ' had become entangled in its drift
net . After releasing the net from the propellors with the help
of the patrol boat ' Chilreu ', the skippers of the vessels
noticed that the drift net was longer than 5 kilometres, in
breach of Regulation ( EEC ) No 345 / 92 of 27 January
1992 ( M.

This incident offers further evidence of the need to step up
inspection and control measures in the Bay of Biscay in
order to ensure that European legislation is applied . Such
breaches of the rules may unfortunately lead to a recurrence
of the incidents which occurred in these same waters last

summer .

This view was endorsed by the Commission in the statement
made to the European Parliament on 29 June 1995 by
Commissioner Bonino . However, specific controls are
needed and should include the following : proper port
inspections, a survey of anchored nets together with an
identification system, a ban on fishing vessels carrying spare
nets, careful checks on the replacement nets provided by
patrol boats, a ban on nets not fastened to boats and checks
on the depth of nets, ensuring that their volume can be
properly measured .

The implementation of measures of this kind would help
achieve the objectives set by the Commission in its statement
to Parliament and would reduce the risk of incidents of the

kind described above .

What firm measures is the Commission taking in this area to
ensure compliance with Community Regulations on the use
of drift nets ?

How will the Commission ensure that the proper sanctions
are taken against the offending vessel, in line with
Commissioner Bonino 's assertion to Parliament that ' those

who break the rules will be punished '?

(') OJ No L 42, 18 . 2 . 1992, p . 15 .

With reference to the incident referred to, Community
inspectors deployed on board of the fishery patrol vessels
P-68 ' Chilreu ' ( Spain ), RHM ' Centaure ' ( France ) and
' Northern Horizon ' ( Commission ), were present in the
fishing grounds at the time of the incident . They all
witnessed the different versions of the incident reported by
the Spanish and French skippers .

The gear of the driftnetter ' Fils de l'Ocean ' and the vessel
itself have been inspected by a French national inspector
accompanied by a Community inspector . The length of the
net carried on board was in conformity with the Community
legislation .

The Commission chartered the fishing patrol vessel
' Northern Horizon ' for a period of four months in order to
serve as an inspection platform in the albacore campaign in
international waters of the North-East Atlantic as well as

platform for monitoring driftnet fishery in the
Mediterranean . It is the first time that the Commission

chartered a vessel for this purpose .

In conformity with the common fisheries policy, it is up to
each Member State to carry out inspections on all fishing
vessels in the waters under their sovereignty or jurisdiction
and beyond on the fishing vessels flying their flag . In the
albacore campaign and in the Mediterranean, each Member
State has therefore to inspect the vessels flying its own flag .
Commission inspectors are not authorized to carry out
direct inspections ( take the identity of persons on board and
reporting the facts on the basis of which prosecution may
take place ). Therefore, on board of the ' Northern Horizon '
there are two Commission inspectors and national
inspectors of the Member States concerned ( Spain, France,
Ireland and United Kingdom ).

In order to ensure coordination between national patrol
vessels and to avoid any confusion or misunderstandings
between the different fleets operating in the area, regular
meetings are organized on board the ' Northern Horizon '
beween all patrol vessel commanders and inspectors in the
area . Furthermore, updated and accurate information on
any developments in the fishery is shared through daily
radio contacts .

The inspection duties carried out from the ' Northern
Horizon ' concern all Community fishing vessels operating
in the Albacore fishery without any discrimination in respect
to the flag which a vessel is " flying or to the fishing method
which it uses .

In accordance with Article 31 of Council Regulation ( EEC )
No 2847 / 93 (*), each Member State shall ensure that
appropriate measures are taken against any those

21 . 2 . 96 1 EN Official Journal of the European Communities No C 51 / 7

responsible in cases where the common fisheries policy has
not been respected .

From information provided at the last meeting of the
programme monitoring committee on 27 June, all the above
works had been completed and payment made by last year .
As a result, the physical and financial take-up rate is

(') OJ No L 261, 20 . 10 . 1993 .
100% .

WRITTEN QUESTION E-2239 / 95
WRITTEN QUESTION E-2258 / 95
by Alexandros Alavanos ( GUE / NGL )

to the Commission by Erich Schreiner ( NI )

( 31 July 1995 )

to the Commission

( 31 July 1995 )
( 96 / C 51 / 09 )

Subject : Completion of unfinished projects from the first

CSF for western Greece ( ERDF )

The Multifund Operational Programme ( MOP ) for western
Greece ( Code VII 2 ) provides for projects amounting to
ECU 1 965 000 to complete three phases of projects aimed
at improving irrigation over an area of some 1 100 ha .

Given that these projects must have been completed by
31 July 1995, will the Commission say :

1 . What was the take-up rate for the programme in

question ?

2 . Which of these projects have been completed ? Which
are unfinished ? Which constructional phases have yet to
be untertaken ?

Answer given by Mr Fischler
on behalf of the Commission

(6 November 1995 )

The Commission can confirm that ECU 1 965 million was

entered under Code VII . 2 of the EAGGF Multifund

Operational Programme for western Greece to cover the
full cost of unfinished projects from the integrated
Mediterranean programmes . The money was intended to
complete the following operations under three projects .

— phase one of the Aroanios water engineering scheme :

catchment work, including a main channel, technical
work and storage works in the Aroanios river bed,
completion of roads : residual budget : ECU 1 724
million ;

— Skepasto water engineering project : work was virtually

completed in 1993 and only payments of ECU 0 172
million were outstanding ;

— Salmeniko water engineering project : completion of

water distribution and road networks : residual budget :
ECU 0 069 million .

( 96 / C 51 / 10 )

Subject : EMU Information campaign

According to the proposal of 20 April 1995 by the chairman
of the Sub-committee on Monetary Affairs, Mrs
Randzio-Plath,

' Opinion polls in the EC show differing levels of
acceptance of monetary union in the Member States .
Although an overall majority of the population of the 15
EU Member States is in favour of the introduction of a

single currency, with support being particularly strong in
the Benelux and southern European countries, a
majority of people in Denmark, the United Kingdom and
the Federal Republic of Germany are opposed to any
such proposal .' . . .

' The introduction of monetary union is only just over the
horizon . Under the terms of the Maastricht Treaty, the
preparations for monetary union must be completed
in 1996 . Accordingly, the information and lobbying
campaigns must start on 1 January 1996 and continue on
an annual basis .'

1 . Does the Commission intend to grant financial support
to these European campaigns on monetary union ?

2 . If so, what level of support does the Commission plan to
grant in 1996 ?

WRITTEN QUESTION E-2259 / 95

by Erich Schreiner ( NI )

to the Commission

( 31 July 1995 )

( 96 / C 51 / 11 )

Subject : EMU Information campaign

According to the proposal of 20 April 1995 by the chairman
of the Sub-committee on Monetary Affairs, Mrs
Randzio-Plath,

No C 51 / 8 EN Official Journal of the European Communities 21 . 2 . 96

' The political guidelines for the campaign must be drawn
up by the European Parliament, but professionally
prepared and disseminated . Close cooperation with the
Commission is thus highly desirable . A campaign for a
single European currency must clearly state the
advantages, opportunities and risks involved in order to
increase acceptance of the Euro-currency .'

The rest of the proposal by the chairman of the
Sub-committee on Monetary Affairs, Mrs Randzio-Plath, is,
however, concerned only with arguments in favour of
monetary union .

Does the Commission intend to include in its information

campaign information on the possible risks of monetary
union ?

Joint answer to Written Questions

E-2258 / 95 and E-2259 / 95

given by Mr de Silguy
on behalf of the Commission

(8 November 1995 )

The information campaign planned in the Green Paper on
the practical arrangements for the introduction of the single
currency is an essential prerequisite for the success of
economic and monetary union . At its meeting on
11 October 1995, the Commission chose this as one of the
three major information campaigns to be launched by it over
the next two years .

The decisions taken at the Madrid European Council,
especially those on the scenario for the changeover, will
trigger the real countdown to the introduction of the single
currency and so will have to be accompanied by the launch
of a large-scale information campaign .

Two objectives of equal importance will be pursued by this
information campaign :

— winning popular support for the single currency ;

— stimulating the necessary technical preparations
throughout the private sector and in public
administrations .

This information campaign could usefully take its cue from
the previous example of currency conversion .

The aim of a communication strategy is to disseminate
relevant and verifiable information in support of precise
objectives . Such a strategy provides a useful channel for
policy . It is not an attempt at manipulation .

In this connection, the Commission is organizing a
symposium to follow on from the Madrid European
Council — on 22, 23 and 24 January 1996 — at which all
the players involved will be able to discuss objectives and
methods, including the organization and allocation of

responsibilities . The details of the campaign will be laid
down in accordance with the timetable of the reference

scenario for the transition to the single currency .

For the running of this campaign, the Commission would
like to see extensive coordination between the Community
institutions, and in the first place between Parliament and
the Commission .

Even though the Community institutions will play an
important part, the Member States will, as a result of the
subsidiarity principle and of cultural, historical and
especially monetary differences, have a central role in
communicating with their citizens .

The financial burden will, therefore, be shared between the

Community institutions and the Member States and their
regional and local authorities .

Accordingly, the Commission would like to earmark
substantial funds as from 1996 for the launch of the

campaign for the single currency . The exact figure for 1996
will be determined in the course of the current budgetary
procedure .

WRITTEN QUESTION E-2279 / 95

by Gerardo Fernández-Albor ( PPE )

to the Commission

( 31 July 1995 )

( 96 / C 51 / 12 )

Subject : Permanent seat of the Institute for Euro-Latin

American Relations

The Institute for Euro-Latin American relations is doing an
excellent job in strengthening relations between Europe and
Latin America but it suffers from the stresses and strains

caused by the constant rumours regarding the establishment
of its permanent seat .

Can the Commission say whether or not it firmly intends
that the seat of the institute in question should be
permanently established in Madrid ( where it is currently
located ), thus preventing other Community countries from
distorting the natural logic of having the institute based in
what is in effect the capital of the Hispanic world, to which it
is vocationally related ?

Answer given by Mr Marin
on behalf of the Commission

(4 October 1995 )

According to the constitution of the Institute for
European-Latin American Relations ( IELAR ), it is for

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 9

IELAR 's General Assembly to decide on any relocation of
the headquarters of the Institute, whether within the host
country or to another country .

The composition of the General Assembly includes members
of the European Parliament and Commission officials .

Which bodies set up under the various EU initiatives and

structural programmes are responsible for the allocation of
appropriations referred to above ?

The Commission cannot become involved in decisions

which, under IELAR 's statute, are exclusively a matter
internal to the Institute itself . Supplementary joint answer to Written Questions

E-2300 / 95 and E-2340 / 95

given by Mr Santer
on behalf of the Commission

( 31 October 1995 )
WRITTEN QUESTION E-2300 / 95

by Michl Ebner ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 51 / 13 )

Subject : Allocation of EU resources to South Tirol ( Italy )

Will the Council provide information about the allocation
of resources to South Tirol during the 10-year period
between 1 January 1985 and 31 December 1994, broken
down on an annual basis ?

Will it also specify the authorities of the relevant EU
initiatives and structural programmes responsible for the
allocation of these resources ?

WRITTEN QUESTION E-2340 / 95

by Michl Ebner ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 51 / 14 )

Subject : Allocation of EU appropriations to Trentino

( Italy )

What appropriations from the EU budget ( broken down by
year ) were allocated to Trentino over the 10-year period
from 1 January 1985 to 31 December 1994 ?

Details of ECSC aid and loans granted by the Community
between 1985 and 1994 to the autonomous provinces of
Bolzano / Bozen and Trento are given in a table that the
Commission is sending direct to the Honourable Member
and Parliament 's Secretariat-General . Certain items of aid

granted to the Trentino-Alto Adige region cannot be broken
down between the two provinces, and they are given
separately . It should also be noted that the Community
co-finances programmes at national level, mainly through
the European Social Fund ( ESF ) under Objective 4 and the
European Agricultural Guidance and Guarantee Fund

( EAGGF ) under Objective 5a, for which a regional
breakdown is not available .

Regarding Community contributions to research /
development projects, it should be noted that the figures
give only a partial impression of the benefits accruing to
companies and other bodies in the region from Community
programmes . The main advantage of these programmes lies
in the fact that the partners have access to all research
findings, irrespective of their own financial contribution
and the Community funding they receive .

The figures given in the aforementioned table concern
commitments effected between 1985 and 1994, which
covers only the first year of the new Structural Funds
planning period ( 1994 — 1999 ). Financial forecasts for the
whole of the 1994 — 1999 period are as follows :

1994 — 1999 financial allocation

( in million ECU )

Province Programme ERDF EAGGF ESF

Bolzano / Bozen SPD, Objective 5b 17,93 19,92 5,19

Operational programme,
Objective 3 — — 24,50

Trento SPD, Objective 5b 7,85 9,22 2,83

Operational programme,
Objective 3 — — 28,22

No C 51 / 10 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-23 12 / 95 WRITTEN QUESTION E-23 15 / 95

by Frode Kristoffersen ( PPE ) by Jesús Cabezón Alonso ( PSE ) and

to the Commission Juan Colino Salamanca ( PSE )

to the Commission
(1 September 1995 )

( 96 / C 51 / 15 ) (1 September 1995 )

( 96 / C 51 / 16 )

Subject : Citizens ' access to the information society

How will the Commission ensure that the information

society of the future is not just of advantage to business
circles, the public sector and the better educated, but also
directly accessible for a majority of the Union 's citizens
through services that are easy to use and provide answers to
questions of general interest ?

Subject : Fisheries agreement between the EU and
Canada

Why has the fisheries agreement reached between the EU
and Canada on 16 April 1995 still not been adopted by the
NAFO ?

With regard to the above fisheries agreement, what objective
difficulties have so far prevented fishing quotas for black
halibut from being set for 1996 ?

Answer given by Mr Oreja
on behalf of the Commission
Answer given by Mrs Bonino

( 17 October 1995 on behalf of the Commission

A number of Commission initiatives are currently under
way to ensure that as many people as possible will have
access to the information society .

Information infrastructure pilot schemes are being
developed which will enable citizens to have easier and fuller
access to the range of services on offer in their town or
region . It is hoped that by making such information readily
available via user-friendly communal terminals it will be
easier to reconcile the supply of services with the
demand .

Substantial effort is being put into research and
development in human and computer interfaces within the
Esprit programme . One of the latest efforts addresses
precisely the point raised by the Honourable Member and is
a proactive initiative in ' intelligent information interfaces '
which will aim to open all the opportunities that the
information society can offer to all citizens . ' Empowerment
of the citizen ' is the central theme of this scheme which is

expected to involve a Community contribution of about
ECU 25 million .

A further project ( Bornes informatives ) is being developed
to create user-friendly terminals which will provide
information about the Community and its policies . This
facility, available in urban and country areas, will enable
citizens to obtain answers not only to general questions
about the Community but also local information as to what
the Community has done and is doing in their area . Practical
information about whom to contact at regional and
European level in order to address individual concerns will
also be accessible through this facility .

( 30 October 1995 )

Decisions within the Northwest Atlantic Fisheries

Organization ( NAFO ) are taken at the annual meeting
which is usually held in September each year . At this year 's

17th annual meeting held 11 — 15 September 1995 NAFO
was able to take decisions which effectively multilateralize
provisions of the fisheries agreement between the
Community and Canada of 16 April 1995 pertaining to
strengthened enforcement and control measures and to the
allocation of Greenland halibut in 1996 .

The allocation of individual fishing quotas for any
particular stock of fish must be based on a total allowable
catch ( TAC ) to be established in respect of the same stock .
Scientific advice which forms the basis of such a measure for

the Greenland halibut fishery in 1 996 only became available
in the immediate run-up to the annual meeting of
NAFO .

WRITTEN QUESTION E-2321 / 95

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 51 / 17 )

Subject : Fisheries agreement with Morocco

At the Cannes European Council a package of measures was
adopted to provide financial aid to the Mediterranean
countries for the next five years .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 11

To what extent is the allocation of part of this aid fund to
Morocco conditional on the conclusion of a new,
comprehensive and satisfactory EU fisheries agreement with
that country ?

Answer given by Mrs Bonino

on behalf of the Commission

( 13 November 1995 )

Financial cooperation and the negotiation of a new fisheries
agreement are two very important parts of our relations
generally and are dealt with on their own merits .

The allocation of funding for financial cooperation with
Morocco is linked to the conclusion of a new EC-Morocco

Euro-Mediterranean Association Agreement and is in no
way dependent on the outcome of talks on a new fisheries
accord .

On the subject of the fisheries agreement, negotiations, as
with any other agreement of this type, have to take place in a
climate of trust and mutual respect . While both sides should
defend their legitimate interests, each should also show a
genuine willingness to negotiate and to accommodate the
other 's problems so that a fair result can be achieved .

WRITTEN QUESTION E-2350 / 95

by Joaquin Siso Cruellas ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 51 / 19 )

Subject : Removal of regulatory barriers to competitiveness

for European industry

The Union of Industrial and Employers ' Confederations of
Europe ( UNICE ) has submitted a preliminary report to
Commission President, Jacques Santer, as part of a study on
regulation . The President of UNICE, Mr Perigot, points out
that regulation imposes serious restrictions on the
competitiveness of European firms because it hampers
innovation, reduces operating efficiency and acts as a brake
on structural adjustment . Firms are not unhappy with
Community legislation as a whole, but rather with
regulations in specific areas such as the environment and
employment .

Bearing in mind that the Molitor Group recently submitted
a report on behalf of the Commission which seems to
confirm the conclusions reached by UNICE, what are the
Commission 's views on the possibility of simplifying
Community legislation and making it more flexible and will
it take any firm measures to achieve this end ?

WRITTEN QUESTION E-2325 / 95

by Marie-Paule Kestelijn-Sierens ( ELDR )

to the Commission Answer given by Mr Santer
on behalf of the Commission

(1 September 1995 )
(6 November 1995 )
( 96 / C 51 / 18 )

Subject : EAGGF support

Can the Commission confirm that the agricultural company
Floreal of Lochristi ( Stationstraat 71, B-Lochristi ) received
Bfrs 700 million in 1994 in the form of a direct subsidy from
the European Agricultural Guidance and Guarantee
Fund ?

Answer given by Mr Fischler
on behalf of the Commission

( 30 October 1995 )

The Commission has no information regarding individual
payments under the European Agricultural Guidance and
Guarantee Fund but is simply informed of aggregate
amounts paid out by each Member State . It is therefore not
in a position to answer this question .

The Commission firmly believes that identifying unjustified
legislative and administrative restrictions and reducing their
impact helps to ensure the success of policies designed
to promote competitiveness and employment . In this
connection, since the proposals for implementing the single
market became law, the number of legislative proposals
adopted by the Commission as part of its annual work
programmes has decreased substantially .

Accordingly, the Commission strives for simplicity in its
proposals and the Community legislative process . It has also
undertaken to streamline existing legislation while ensuring
that the acquis communautaire is not undermined .
Proposals currently before Parliament and the Council as a
result of streamlining, rewriting and consolidation efforts
would entail the repeal of some 170 existing legislative

texts .

The Commission intends to carry out further work in this
field, probably on the basis of the findings of the group of
independent experts for legislative and administrative

No C 51 / 12 EN Official Journal of the European Communities 21 . 2 . 96

simplication ( the ' Molitor ' Group ) which it is currently
examining .

The Commission is to publish detailed observations on this
group 's report before the Madrid European Council and
will provide specific information on initiatives taken or
envisaged with a view to improving the quality and
effectiveness of Community legislation on competitiveness
and jobs .

In order to be effective, these measures must be backed by
similar initiatives at national level . The Committee on the

Improvement of the Business Environment and the
Promotion of the Development of Enterprises, and in
particular Small and Medium-sized Enterprises, set up by
the Commission in December 1994, plays an important
role, in conjunction with the Member States and businesses,
in organizing joint actions designed to promote exchanges
of good practice and new ideas concerning the regulatory
and administrative environment for business in general and
small businesses in particular .

As regards the UNICE report, its main message is the need
for all legislative authorities to carry out rigorous checks
before legislating ( e . g . assessing impact, analysing all
options ) in order to minimize the risk of undermining
competitiveness . But it should also be noted that UNICE 's
report shows that the three fields which businesses regard
as having the greatest impact on competitiveness
( employment, tax and company law ) are the preserve of the
Member States .

WRITTEN QUESTION E-2351 / 95

by Joaquín Sisó Cruellas ( PPE )

Answer given by Mr Oreja
on behalf of the Commission

( 27 October 1995 )

In cooperation with the international movement ' ATD
Fourth World ', the Commission organized a symposium in
Brussels on 8 and 9 June 1995 on ' Culture and Human
Activity for Overcoming Poverty '.

The purpose of the symposium was to deliberate on how the
poorest sections of the population can become involved in
cultural activity . Its intention was also to influence
Community thinking as to its future activities in this area . It
should also be borne in mind that the Commission 's work

programme for 1995 identified social exclusion as one of the
priorities for cultural action . Parliament has always been
keen for future cultural programmes to take account of the
poorest in society .

As regards the network of cities with problem areas, this is
an initiative of the European Cultural Foundation, which
has initiated a study of various cities ' innovative
experiments in combating social exclusion . Once it is
complete, this study could be used to devise practical
measures to be developed, possibly in partnership form,
between the various institutions concerned .

There are also various other city networks, a prominent
example being the ' European Suburbs ' network, which
focuses on art as a means of cambating exclusion .

WRITTEN QUESTION E-2365 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(1 September 1995 )

to the Commission ( 96 / C 51 / 21 )

(1 September 1995 )

( 96 / C 51 / 20 )

Subject : ' Culture and social exclusion ' programme

As part of the ' culture and social exclusion ' programme
undertaken by the Commission together with a group of
associations, it is planned to set up networks of cities with
problem areas in an effort to use cultural initiatives as a
means of combating exclusion . An initial network is to
include the cities of Manchester, Frankfurt, Toulouse, Lille,
Barcelona, Valencia, Amadora, Naples and Antwerp .

What plan of action is to be followed in these cities ?

Have any other networks been created and, if so, which
cities do they involve ?

Subject : Difficulties in the fishing industry

Is the Commission aware that the Community markets are
being flooded with cheap fish, primarily from eastern
Europe ?

Does it consider this reconcilable with the pricing policy the
Union pursues under its common fisheries policy ? What
action is the Union taking against these cheap imports ?

Answer given by Mrs Bonino

on behalf of the Commission

( 13 November 1995 )

Information available to the Commission suggests that
insignificant amounts of fresh cod fillets from central and

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 13

eastern Europe have in recent months been imported fairly the International Labour Organization in areas such as child
cheaply into some Community markets . labour and prison labour .

For cod presented in other forms, the Commission has since
May this year observed a decline in cheap imports, most of
them from Poland and Russia .

WRITTEN QUESTION E-23 78 / 95

It is the responsibility of the national authorities to enforce
strict compliance with the relevant health and trade
provisions at the time of import .

WRITTEN QUESTION E-2376 / 95

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

(1 September 1995 )

( 96 / C 51 / 22 )

Subject : EU support for industrial projects in China

Are industrial development projects in China receiving EU
funding ? If so, which projects ?

What European firms are promoting or partnering these
projects ?

How many jobs will be created in China as a result of these
projects ?

Have the environmental impact assessments been carried
out in respect of these projects ?

Are the firms involved observing the same standards in
respect of safety at work and toxic emissions for production
in China as for production in the EU Member States ?

Answer given by Sir Leon Brittan

on behalf of the Commission

by José Apolinârio ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 51 / 23 )

Subject : Implementation of the European Union 's fisheries

agreements with the Seychelles, Angola, The
Gambia, Guinea-Bissau, Sao Tome e Principe,
Mauritania, Mauritius, Madagascar, Cape Verde
and Argentina

Could the Commission provide a summary table showing
the number of licenses awarded to each Member State under

the above agreements, the number of vessels concerned and
the actual utilization of each agreement ?

Answer given by Mrs Bonino

on behalf of the Commission

(4 October 1995 )

The Agreement on fisheries with Argentina is a second
generation agreement establishing arrangements for joint
enterprises and joint ventures beween Community and
Argentine shipowners, with no provision for a licensing

system .

Under the Agreement twenty-one schemes have been
approved for joint enterprises and joint ventures . They

concern :

— 19 Spanish vessels,

— 2 French vessels,

— 1 Italian vessel,

(2 October 1995 )
— 1 Greek vessel .

As part of its overall economic cooperation strategy, the

Commission is financially involved in setting up industrial
development projects in a large number of sectors in China .
One of the selection criteria is the projects ' contribution to
China 's development, assessed in terms of their potential for
local job creation ( in a climate which eschews exploitation
of the workforce ), their impact on the environment and their
role in improving the status of women, and helping them
gain access to the labour market .

As for labour protection standards, the Commission, in its
communication on a long-term policy for relations between
the Community and China, proposed setting up a social
policy dialogue to encourage China to espouse
internationally recognized standards, including those set by

With regard to the fishery Agreements concluded between
the Community and the African, Caribbean and Pacific
countries referred to in the question, the Commission is
sending direct to the Honourable Member and to
Parliament 's Secretariat the summary tables containing the
information requested .

The Honourable Member 's attention is drawn to the fact

that some Agreements provide for quarterly or six-monthly
licences ( e . g . those with Mauritania and Guinea-Bissau ),
and under these a vessel may therefore be allocated up to
four licences each covering three months within a single

year .

No C 51 / 14 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-23 79 / 95

by Sergio Ribeiro ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 51 / 24 )

moreover, has applied preferential arrangements to imports
of Moroccan preserved sardines since 1976 .

The Commission would point out that relations with
Morocco concern sectors other than fisheries and that even

within this sector, the Community 's interests are not
confined to the canning industry of a particular Member
State .

Subject : Negotiations with Morocco and the sardine (') COM(95 ) 367 final .

canning industry

In the difficult negotiations on the fisheries agreement with
Morocco it was reportedly proposed by the Commission
negotiators that imports of Moroccan tinned sardines
should be exempt from duties .

WRITTEN QUESTION E-2420 / 95

by Graham Mather ( PPE )

to the Commission

(1 September 1995 )

In view of the fact that the industry suffers from high labour
costs, that competition is distorted by the substantial wage ( 96 / C 51 / 25 )
differences between Morocco and EU producer countries (a
clear case of ' dumping '), and that the sardine canning
industry is still important in Portugal, combining the Subject : Policing the Directive on
country 's fisheries resources with its industrial tradition,
does ' bartering the Commission ' an industry which not consider is important that to it one is effectively of the EU At 1995 the, a Agricultural compromise Council was reached of on
Member States by accepting unfair competition which goes an eight-hour journey time for the
against the principles of fair trade ( which requires This proposal, passed by a
comparable social and wage conditions ), and did it give ensures a fair and equitable scheme
sufficient consideration to the implications of such a One of the potential problems of the
concession ?

Subject : Policing the Directive on live animal transport

At the Agricultural Council of Ministers meeting in June

to one 1995, a compromise was reached on the implementation of
by accepting unfair competition which goes an eight-hour journey time for the transport of livestock .
principles of fair trade ( which requires This proposal, passed by a majority of Member States,
and wage conditions ), and did it give ensures a fair and equitable scheme at Community level .
to the implications of such a One of the potential problems of the new regime is policing .

Can the Commission reveal what steps it aims to take to
ensure compliance with the Directive across the Member
States ? How many inspectors will be deployed in each
Member State ? What is the Commission 's view on the

number of inspections which should take place each
month ?
Answer given by Mrs Bonino

on behalf of the Commission

( 19 October 1995 )

Answer given by Mr Fischler
on behalf of the Commission

(6 October 1995 )
When the 1992 fisheries agreement with Morocco expired,
the general arrangements of the 1976 cooperation accord
came back into force, notably for imports of preserved The primary responsibility for
sardines . rests with the

In the absence of the minimum price agreement provided for
in the cooperation accord, two tariff quotas were opened
between 1978 and 1988 to comply with the rule — also set
out in the accord — that any tariff arrangements must
provide mutually acceptable benefits .

The current situation is identical to that in 1978, which is
why the Commission sent the Council a proposal for a
Regulation bringing the above quotas back into force (').

In presenting this proposal, the Commission was simply
complying with an obligation on the Community, which,

The primary responsibility for the enforcement of
Community legislation rests with the Member States while
the Commission is responsible for the uniform application
of the rules within the Community . In cases where the
Commission becomes aware that a Directive is not being
properly enforced by the authorities of a Member State, the
Commission intervenes with the Member State concerned

and, if the matter is not satisfactorily resolved, the
Commission normally opens the legal procedure laid down
in Article 169 of the EC Treaty which can lead to the
Member State concerned being brought before the Court of
Justice .

The number of inspectors employed in each Member State is
the responsibility of the Member State concerned .

Article 8 of Council Directive 91 / 628 / EEC ( 1 ) concerning
the protection of animals during transport, as last amended

21 . 2 . 96 FEN Official Journal of the European Communities No C 51 / 15

by Directive 92 / 29 / EC ( 2 ), states that such inspections must
be carried out on an adequate sample of the animals
transported each year within each Member State, and may
be carried out at the same time as checks for other

purposes .

The Member States have to submit an annual report to the

Commission stating the number of inspections carried out,
including any details of any reported infringements and the
action taken by the competent authority . The Commission
will closely monitor these reports .

(') OJ No L 340, 11 . 12 . 1991 .

( 2 ) OJ No L 148, 30 . 6 . 1995 .

WRITTEN QUESTION P-2450 / 95

Commission stressed the importance of standardization
as a way of classifying products, thus ensuring market
transparency and fair trade and eliminating substandard
produce .

Standards also reduce the buying and selling costs of
produce and mean trade can develop in the absence of the
relevant products themselves .

The Commission therefore feels it is vital for standards to be

mandatory, save in instances such as those listed in the new
draft Regulation on the common organization of the fruit
and vegetable markets ( 2 ), which make exception for
produce consumed as part of traditional dietary habits .

Standards are no substitute for national civil law but can

create market conditions in which the risk of conflict is

greatly reduced .

(•) COM(94 ) 360 final .
by Ivar Virgin ( PPE ) ( 2 ) COMÍ95 ) 434 final .

to the Commission

(1 September 1995 )

( 96 / C 51 / 26 )

Subject : EU classification of fruit and vegetables

The European Union currently sets detailed quality and
other standards such as size, colour, etc . for fruit and
vegetables put on the market in the Community . These
provisions are of course designed to facilitate the
classification of individual lots, and to protect consumers
against low-quality and hazardous produce . What these
rules ignore is the market 's own ability to regulate itself and .
hence to reject low-quality goods .

A normal business transaction involves two parties, a buyer
and a seller . When they have agreed on quality, price, etc . for
the product in question they enter into a contractual
relationship . Will the Commission state its criteria for
deciding whether rules on, for example, the quality of fruit
and vegetables are required ? When does the Commission
consider there might be justification for de-regulation and
repealing certain legislation in this field in favour of
contractual relationships under civil law ? Does the
Commission not believe that the principle of subsidiarity
should apply to legislation establishing quality standards for
fruit and vegetables, for example ?

Answer given by Mr Fischler
on behalf of the Commission

( 20 October 1995 )

In its communication to the Council on the way ahead for

Community policy in the fruit and vegetable sector (*) the

WRITTEN QUESTION E-2454 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(1 September 1995 )

( 96 / C 5 1 / 27 )

Subject : Closure of Lee Europe in Y pres — implementation

of Parliament 's resolution of 13 July 1995

Paragraphs 9 and 10 of the resolution adopted by
Parliament on 13 July 1995 on the relocation of businesses
in the European Union ( B4-966, 977, 999, 1005 and
1038 / 95 ) call on the Commission to ' refuse assistance from
Community programmes to businesses which fail to [ inform
and consult employees in advance in the event of large-scale
redundancies ] or which abuse investment subsidies '. It also
asked the Commission to provide information on the
Structural Fund assistance received by firms .

In the specific case of Lee Europe, can the Commission
provide a summary of any European subsidies received by
Lee Europe, with its head office in Brussels and businesses in
Belgium ( Ypres, Sint-Niklaas ), the UK and the Irish
Republic over the past ten years ? If so, what were they ?

The company also has businesses in Poland . Can the
Commission say whether the company has received funds
from the support programmes for central and eastern
Europe ? If so, what were they ?

No C 51 / 16 EN Official Journal of the European Communities 21 . 2 . 96

Lee Europe is a subsidiary of VF Pennsylvania, which also permanent residents were free to vote but not to travel
controls a number of other companies including Wrangler, across the Union ?
Riders, Rustler, Marithe & Francois Girbaud, Vanity Fair,
Vassarette, Barbizon, Nutmeg, Cutler, Healthex, Jantzen,
JanSport and Red Kap, Siltex, Bolero, Variance, Gemma,

Intima Cherry, Lou, Carina and Belcor .

Has European assistance been granted to any of these
businesses ? If so, which ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(3 November 1995 )

As far as the Commission is aware, Lee Europe has not
received any Structural Fund subsidies over the past 10 years
for its production plants in leper ( West Flanders ),
Sint-Niklaas ( East Flanders ) or Northern Ireland .

Lee Ireland makes jeans and other garments at its Ardee
factory in County Louth . Set up in 1979, the plant employs
320 people . Since 1984, it has received £ Irl 665 000 in Irish
Government subsidies, with up to 50% Community
co-financing . The Irish authorities granted these subsidies
under the rules on industrial development, officially
approved as part of Community arrangements for State
aids .

Lee Europe has received no aid under programmes for
Poland or other central or eastern European countries .

WRITTEN QUESTION E-2458 / 95

by Phillip Whitehead ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 51 / 28 )

Answer given by Mr Monti
on behalf of the Commission

( 10 November 1995 )

The Schengen Convention enshrines the principle of mutual
recognition of visas and the equivalence of residence permit
issued by a Member State is exempted from the visa
requirement for entry into the territory of another Member
State which is a signatory to the Convention ; the residence
permit is equivalent to a visa . Currently, application of this
Convention is limited to seven Member States ( Schengen
Group ): Belgium, Germany, Spain, France, Luxembourg,
the Netherlands and Portugal . Thus, only third-country
nationals who hold a residence permit issued by one of those
Member States no longer need a visa in order to enter the
territory of the six other Member States of the Schengen
Group .

At Community level, similar provisions having the same end
result between all 15 Member States flow from two legal
instruments proposed by the Commission and under
discussion by the Council :

— the proposal for a Council Directive on the right of

third-country nationals to travel in the Community ( J ),
Article 3(1 ) of which states that ' Member States shall
grant the right to travel to third-country nationals who
hold a valid residence permit issued by another Member
State '. This provision aims to make the principles
referred to above applicable in all Member States and for
all intra-Community travel ;

— the proposal for a Convention on the crossing of the

external frontiers of the Member States ( 2 ), presented on

10 December 1993 by the Commission to the Council,
Article 8(1 ) of which stipulates that 'a Member State
shall not require a visa of a person who wishes to enter its
territory for a short stay or to transit through it,
provided that that person [. . .] holds a residence permit
issued by another Member State permitting him to reside
in that State '.

The decision to give third-country nationals the right to vote

Subject : Freedom of movement is a national sovereign measure taken by a number of

Member States which does not come under Community
law .

What provisions are there for individuals who have a

' permanent right of residency ' in a Member State of the
(M COM(95 ) 346 final .
European Union to travel freely across the Union ? ( 2 ) OJ No C 11, 15 . 1 . 1994 .

Would such individuals have to apply for a Schengen visa ? If
so, why, since this would imply a Europe in which

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 17

WRITTEN QUESTION E-2472 / 95

WRITTEN QUESTION P-2469 / 95 WRITTEN QUESTION

by Phillip Whitehead ( PSE ) by Werner Langen ( PPE )

by Phillip Whitehead ( PSE )

to the Commission to the Commission

(1 September 1995 ) (1 September 1995 )

( 96 / C 51 / 29 ) ( 96 / C 51 / 30 )

Subject : Directive concerning product liability

Article 21 of Directive 85 / 473 / EEC ( ! ) adopted in July 1985
states that every five years the Commission shall present a
report to the Council on the application of this Directive,
and, if necessary, submit the appropriate proposals to
amend it .

When will the Commission present this report ? Does the
Commission plan to put forward a proposal to amend the
existing Directive ?

Can the Commission confirm that Article 7 of the Directive

( concerning defences to liability ) was not adequately
implemented in the UK ?

In the case of inadequate implementation, when would the
Commission propose to bring legal action against the British
Government ?

(') OJ No L 210, 7 . 8 . 1985, p . 29 .

Answer given by Mr Monti
on behalf of the Commission

Subject : Reform of the organization of the market in

bananas

1 . Is it true that the Commission interprets the term ' new
operators ' in Regulation ( EEC ) No 404 / 93 (') in the sense of
' once a new operator, always a new operator '?

2 . On what provisions of basic Regulation ( EEC )
No 404 / 93 does the Commission base this interpretation,
and why is the Commission departing in the case of the
organization of the banana market from the ' new operator '
provisions of the organization of the market in other
products ?

3 . Is it true that new operators within the meaning of
Regulation ( EEC ) No 404 / 93 have hitherto received permits
for quantities of between 30 and 70 tonnes per year, and is
the Commission aware that, given the structure of the dollar
zone banana trade, annual quotas of 30 —70 tonnes rule out
any genuine follow-up competition ?

4 . Is it true that the Commission sets an annual

maximum quota for the import of bananas from the dollar
zone ?

5 . Is the Commission aware that the dollar zone banana

trade is virtually controlled by an international oligopoly,
and what reasons are there for effectively protecting this
oligopoly from any newcomer competition ?

( 12 October 1995 ) (!) OJ No L 47, 25 . 2 . 1993, p . 1 .

The Commission is finalising its report under Article 21 of
the Directive . As soon as the report is adopted by the
Commission it will be submitted to the Council and

Parliament . Under Article 21 of the Directive the

Commission is obliged to report and if necessary submit
proposals for amendment to the Directive . Accordingly, the
report will also consider the need for legislation .

Answer given by Mr Fischler
on behalf of the Commission

( 20 October 1995 )

. 1 and 2 . Article 18(1 ) of Council Regulation ( EEC )

No 404 / 93 on common organization of the banana market
defines a newcomer as a Community-based operator who

It is the opinion of the Commission that the United started to market bananas from non-member or
Kingdom has failed to implement correctly Article 7(e ) of non-traditional ACP countries in or after 1992 . There are no
the Directive and the so-called development risks defence . '

uniform Community rules governing newcomers access

The Commission has brought the matter before the Court of to the tariff quotas for the various common market
Justice ('). organizations . Each set of sectoral rules includes specific

provisions which take account of the nature of the tariff
(') Case C 300 / 95 . quotas and the structure of the markets .

It is the opinion of the Commission that the United
Kingdom has failed to implement correctly Article 7(e ) of
the Directive and the so-called development risks defence .
The Commission has brought the matter before the Court of
Justice (').

3 . This is a result of the share of the tariff quota allocated
to newcomers, the number of applications and the fact that

No C 51 / 18 EN Official Journal of the European Communities 21 . 2 . 96

each newcomer makes a request for the full quantity for that
category of operators . However, Community rules do allow
for import certificates to be transferred from one operator in
category C ( newcomers ) to another and from category A or
B operators to one in category C. In this way, a newcomer
may market more bananas than his annual allocation

covers .

4 . The size of the tariff quota for imports from third
countries (' dollar ' bananas ) and non-traditional ACP
countries is set by the Council . The Commission can adjust
this figure if Community consumption increases . Bananas
may be imported outside the tariff quota at the full common
customs tariff rate .

5 . When the tariff quota system was brought in, the aim
was to avoid distorting existing trade links while enabling
market structures to evolve . These considerations are

reflected in the share-out of the quota between ' dollar '
banana importers and operators marketing Community or
ACP bananas on the one hand, and between traditional
operators and newcomers on the other .

WRITTEN QUESTION E-25 04 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 15 September 1995 )

( 96 / C 51 / 31 )

Subject : Hormones administered to farm animals ( cattle )

Unless a solution is found before the end of 1995, the
Americans have threatened to lodge a complaint with the
WTO about the European legislation which prohibits
growth hormones from being administered to cattle .

New health measures relating to the use of hormones in
stockbreeding were supposed to have entered into force in
July 1995 .

1 . What is the current subject of dispute ?

2 . What attitude will the Commission take in future to

Member States which continue to export meat
containing hormones ?

3 . What steps will it take to compensate European

producers for the losses they have sustained on account
of unfair US competition ?

Answer given by Mr Fischler
on behalf of the Commission

( 19 October 1995 )

1 . There is indeed strong pressure from the meat industry
in the United States on the administration to convene a panel
under the World Trade Organization in relation to the
hormones issue . Nevertheless, the Commission has
explained to the United States the Commission 's initiative to
convene a scientific conference on this subject before the end
of the year . The conference should provide guidance on the
scientific aspects of this issue . The Commission will then be
in a position to decide the best course of action to follow for
the future .

2 . Council Directive 81 / 502 / EEC (') and Council
Directive 88 / 146 / EEC ( 2 ) prohibit the administering for
fattening purposes to a farm animal of substances having a
thyreostatic action or substances having an oestrogenic,
androgenic or gestagenic action . The placing on the market
or slaughtering of farm animals to which these substances
have been administered and the placing on the market of
their meat are equally prohibited . It is the responsibility of
Member States to ensure that export refunds are only paid
on wholesome meat fit for human consumption which
has been produced in conformity with Community
legislation .

3 . The above Council Directives also prohibit the
importation from third countries of animals and meat from
animals to which have been administered substances with a

thyreostatic, oestrogenic, androgenic or gestagenic action
for fattening purposes . The rules of production for putting
meat on the market in the Community are the same for
Community producers as for suppliers from third countries .
The Commission does not consider that Community beef
producers having regard to the Community market
organization for beef are put at an economic disadvantage
compared to third country producers . The only revision of
Community legislation envisaged at present is the proposal
sent to the Parliament and the Council in October 1993 ( 3 )
concerning mainly the reinforcement of the control
measures, which is still under discussion at Council level .

(!) OJ No L 222, 7 . 8 . 1981 .

( 2 ) OJ No L 70, 16 . 3 . 1988 .

( 3 ) COM(93 ) 441 final, modified by COM(94 ) 293 and 294 final

— OJ No C 222, 10 . 8 . 1994 .

WRITTEN QUESTION E-25 16 / 95

by Kenneth Stewart ( PSE )

to the Commission

( 15 September 1995 )

( 96 / C 51 / 32 )

Subject : Merseyside — Objective 1

Is the Commission aware that in certain cases applications
for funding have been submitted by the same people who sit

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 19

on the committee which decides on the applications and that
there is no appeals procedure if an application satisfies the
criteria but is turned down ? Who are the decision-makers,
and why is all information kept at secret ( all decisions are
taken behind closed doors )?

selected for grant aid . When a project is rejected the
applicant can request feedback from the secretariat and the
sector co-ordinators . The Commission has pressed for a
more formal appeal system, so that any project sponsor or
third party who felt that a project had been incorrectly
scored would be able to have it re-examined . This is now

being considered by the partnership .

Twelve Merseyside MPs have written to me complaining of
being unable to obtain information from the various
committees including the main Monitoring Committee . On the question of access to information, the Commission
understands that information would normally flow via the
sector representatives on the different committees . Thus, the

There are only 10 elected members on the Monitoring local authorities obtain information through their
Committee ; the others are from government Quangos . I representatives and so on . However, there is no reason in
would dispute that this can be deemed a partnership with principle available why from all the non-confidential secretariat on demand papers . should not be
Merseyside people .

The Policy on Training is far to exaggerated . There are no
real jobs at the end of the training period and it is
questionable whether this is not being used by the British
Government in order to preserve its own credibility .

To widen debate about the Objective 1 programme, the
partnership held a one day conference in July and a second is
planned for late 1995 . These meetings enable a wider cross
section of Merseyside organizations to debate key policy
issues than is possible within the committee structure . An
Objective 1 newsletter is also being considered .

It is imperative that you carry out a full inquiry into the
whole operation of Merseyside Objective 1 and institute
new conditions on a proper democratic basis . The programme as a whole aims to create 49 000 jobs . The
idea is to maximise linkages between projects supported by
the European Regional Development Fund ( ERDF ) and the
European Social Fund ( ESF ). In this way the opportunities
created by physical and intangible investment can be
captured by people who have been excluded from the labour
market — particularly the large number of long-term

Answer given by Mrs Wulf-Mathies unemployed in Merseyside . This is a particular focus of the

on behalf of the Commission measure called ' pathway to integration ' which concentrates

( 23 October 1995 ) support from the ESF and the ERDF on the 38 most

deprived areas in Merseyside .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 23 October 1995 )

The monitoring committee and the two technical panels for
the Merseyside Objective 1 programme are made up of the
principal regional partners including local authorities,
training and enterprise councils, statutory bodies, voluntary
sector, private sector, government and the Commission .
These, with the exception of the Commission, are also the
principal project sponsors . The balance of representation is
decided by the regional director of the government office for
Merseyside, although it should be noted that the Merseyside
monitoring committee has the largest representation of
elected members of any of these committees in the United
Kingdom .

The findings of the Merseyside economic assessment carried
out this year have strengthened the resolve of the
partnership to ensure that support from the ESF should
contribute to sustainable economic regeneration . This will
be achieved through a stronger concentration in growth
clusters, growth poles, growth sectors and growth
occupations . An emphasis on these factors is being built into
the scoring system for ESF projects for 1996 . This focus on
growth areas is the best guarantee that trainees will be able
to find jobs at the end of their training .

The Commission is taking a close interest in the
implementation of the Objective 1 programme in
On the basis of criteria agreed by the programme Merseyside and will continue to monitor the situation
monitoring committee, projects are scored by the closely .
programme secretariat . There was full discussion about
these criteria within the partnership . Because there are more
projects than resources, only the highest scoring projects are
accepted for Structural Fund support . It is therefore possible
for a project to meet the programme objectives but not be

No C 51 / 20 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-2523 / 95

by Carles-Alfred Gasoliba i Bohm ( ELDR )

to the Commission

( 15 September 1995 )

( 96 / C 51 / 33 )

Subject : Geographical indications and designations of

origin for agricultural products and foodstuffs

The Council approved Regulations ( EEC ) No 2081 / 92 ( J )
and ( EEC ) No 2082 / 92 ( 2 ) on geographical indications and
designations of origin for agricultural products and
foodstuffs, and on certificates of specific character for
foodstuffs . The adoption of these two regulations was
considered a very positive step towards a policy of
promoting quality in the food sector .

However, the implementing measures to put the provisions
of these Regulations into practice have never been carried
out, by the Commission or the Council .

What action does the Commission intend to ensure that

these Regulations, which at the time aroused great hopes
among those working in the sector, will not be mere empty
words ? Does the Commission not think that a policy of
promoting quality in agricultural products and foodstuffs is
essential in the current international situation of wide open
markets, so that the value of quality local and regional
products, produced specifically by traditional methods, can
be properly appreciated ?

(') OJ No L 208, 24 . 7 . 1992, p . 1 .

( 2 ) OJ No L 208, 24 . 7 . 1992, p . 9 .

certificates of specific character has met several times to
consider various technical matters .

This autumn a preliminary draft Commission Regulation
containing an initial list of names for registration as
protected designations of origin or protected geographical
indications was put to the regulatory committee .

Decisions on the registration of names reported under
Article 17 of Regulation ( EEC ) No 2081 / 92 will be taken by
the Commission according to the procedure laid down in
Article 15 of that Regulation, namely after the Member
States have voted in the regulatory committee .

WRITTEN QUESTION E-2535 / 95

by José Valverde Lôpez ( PPE )

to the Commission

( 20 September 1995 )

{ 961 C 51 / 34 )

Subject : Transposition into Spanish law of the Directive on

the killing of wild game and the placing on the
market of wild-game meat

Is it true that the Spanish Government has failed to
transpose into Spanish law Directive 92 / 45 / EEC (') on the
killing of wild game and the placing on the market of
wild-game meat ?

(') OJ No L 268, 14 . 9 . 1992, p . 35 .
Answer given by Mr Fischler
on behalf of the Commission

( 26 October 1995 )

WRITTEN QUESTION E-2536 / 95

Since the entry into force of Regulation ( EEC ) No 2081 / 92
on the protection of geographical indications and
designations of origin for agricultural products and
foodstuffs, the Member States, including Austria, Finland
and Sweden, have sought to register 1 400 geographical

names .

The Commission has examined the admissibility of
applications and has, since July 1994, in many cases asked
for further details in order to obtain the information

considered necessary for registration, notably regarding the
definition of the geographical area, evidence of the product 's
links with that area and product descriptions .

Much of the information has only reached the Commission
in the course of this year . The scientific committee for
designations of origin, geographical indications and

by José Valverde Lopez ( PPE )

to the Commission

( 20 September 1995 )

( 96 / C 51 / 35 )

Subject : Transposition into Spanish law of the Directive on

the production and placing on the market of raw
milk, heat-treated milk and milk-based products

Is it true that the Spanish Government has failed to
transpose into Spanish law Directive 92 / 46 / EEC (') on the
production and placing on the market of raw milk,
heat-treated milk and milk-based products ?

(!) OJ No L 268, 14 . 9 . 1992, p . 1 .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 21

WRITTEN QUESTION E-2537 / 95

WRITTEN QUESTION E-2540 / 95

by José Valverde Lopez ( PPE )

Valverde Lopez ( PPE ) by José Valverde Lopez ( PPE )

to the Commission to the Commission

to the Commission

( 20 September 1995 )

( 20 September 1995 )

( 96 / C 51 / 36 ) ( 96 / C 51 / 39 )

Subject : Transposition into Spanish law of the Directive

establishing Community methods of analysis for
the official control of feedingstuffs

Is it true that the Spanish Government has failed to
transpose into Spanish law Directive 92 / 89 / EEC ( 1 )
establishing Community methods of analysis for the official
control of feedingstuffs ?

(') OJ No L 344, 26 . 11 . 1992, p . 35 .

Subject : Transposition into Spanish law of the Directive on

maximum levels for pesticide residues in and on
cereals and foodstuffs of animal origin

Is it true that the Spanish Government has failed to
transpose into Spanish law Directive 93 / 57 / EEC ( 1 ) on
maximum levels for pesticide residues in and on cereals and
foodstuffs of animal origin ?

( 1 ) OJ No L 211, 23 . 8 . 1993, p . 1 .

WRITTEN QUESTION E-2541 / 95

WRITTEN QUESTION E-2538 / 95 by José Valverde Lopez ( PPE )

by José Valverde Lopez ( PPE ) to the Commission

to the Commission ( 20 September 1995 )

( 20 September 1995 ) ( 96 / C 51 / 40 )

( 96 / C 51 / 37 )

Subject : Transposition into Spanish law of the Directive on

Subject : Transposition into Spanish law of the Directive

establishing Community methods of analysis for
the official control of feedingstuffs

Is it true that the Spanish Government has failed to
transpose into Spanish law Directive 93 / 61 / EEC ( ] ) on
conditions to be met by vegetable propagating and planting
material ?

conditions to be met by vegetable propagating and
planting material

Is it true that the Spanish Government has failed to conditions to be met by vegetable
transpose into Spanish law Directive 92 / 95 / EEC ( ! ) material ?
establishing Community methods of analysis for the official
control of feedingstuffs ? ( ] ) OJ No L 250, 7 . 10 . 1993, p . 19 .

(') OJ No L 327, 13 . 11 . 1992, p . 54 .

Joint answer to Written Questions

E-2535 / 95 to E-2541 / 95

given by Mr Fischler
WRITTEN QUESTION E-2539 / 95 on behalf of the Commission

by José Valverde Lopez ( PPE ) (3 November 1995 )
to the Commission

( 20 September 1995 )

All the farming Directives cited — 92 / 45 / EEC, 92 / 46 / EEC,
( 96 / C 51 / 38 ) 92 / 89 / EEC, 92 / 95 / EEC, 92 / 116 / EEC, 93 / 57 / EEC and
93 / 61 / EEC — have been transposed into Spanish law . The
Commission has been notified of the relevant measures .

Subject : Transposition into Spanish law of the Directive on

health problems affecting trade in fresh
poultrymeat

The Commission would also point out that the performance
of the Member States in transposing all relevant Community
Directives is given in Annex 4 to its annual report on
monitoring the application of Community law ( 1 ).

Is it true that the Spanish Government has failed to
transpose into Spanish law Directive 92 / 116 / EEC ( J ) on
health problems affecting trade in fresh poultrymeat ? (') OJ No C 254, 29 . 9 . 1995 .

( J ) OJ No L 62, 15 . 3 . 1993, p . 1 .

No C 51 / 22 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-2552 / 95

by Carmen Fraga Estevez ( PPE )

to the Commission

( 20 September 1995 )

( 96 / C 51 / 41 )

Subject : Request by the Mauritanian authorities for a

fishing moratorium for biological reasons

( Fisheries Agreement between the European Union
and the Islamic Republic of Mauritania )

For the month of October, the Islamic Republic of
Mauretania has declared a compulsory fisheries
moratorium for biological reasons within its fishing
grounds, applying to all fleets and all species caught
there .

However, this fisheries moratorium is not based on
objective and scientific criteria ( as required by Article 3 of
the Agreement ) since in the ' Guide de l'Armateur '

( Shipowners ' Guide ) the Mauritanian authorities, basing
their figures on the findings of the National Centre of
Oceanographic and Fisheries Research ( CNROP ), estimate
the annual production of black hake at 133 000 tonnes,
compared to an annual catch of around 18 000 tonnes by
the Community fleet .

Does the Commission not consider that this proposal by the
Mauritanian authorities should be rejected ?

Answer given by Mrs Bonino

on behalf of the Commission

(8 November 1995 )

The Commission heard Mauritania 's reasons for closing its
fisheries area to all deep-sea fishing during October at a
consultation meeting on the matter in Nouakchott on

11 September .

On numerous occasions, Mauritania has pointed to the
problems it has conserving stocks, particularly of young
fish . Community shipowners have been trying out new
catch techniques as part of the fisheries agreement in a bid to
solve these problems but so far the matter has not been
settled . Furthermore, under the Stabex system, the
Community has asked Mauritania to take strict measures to
conserve cephalopods .

Mauritania has also highlighted the particular difficulties it
has in undertaking a thorough analysis of stock levels,
especially for the categories of fish referred to by the
Honourable Member, since many masters fail to send in
their logbooks as required by the agreement . This fact was
again mentioned to the Community at the joint committee
meeting on 8 and 9 July and in a letter sent last August .

As a result, the October moratorium on all except tuna
fishing cannot be contested by the Community, especially as
it applies to all fleets operating in Mauritanian waters .

WRITTEN QUESTION E-2563 / 95

by Richard Howitt ( PSE )

to the Commission

( 22 September 1995 )

( 96 / C 51 / 42 )

Subject : Konver

When does the Commission expect to reach agreement with
the British Government concerning final areas of eligibility
for the Konver Programme for 1995 ?

Will the Commission ensure that no money is lost to projects
in the Southend travel-to-work area in my constituency
which are due to be eligible for the first time ?

What is the reason for the delay in reaching agreement ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 19 October 1995 )

The list of areas eligible for Konver was agreed by the
Commission and the Member States in December last year
and published in the Official Journal ( ! ).

Under Article 5.2 of the Commission notice laying down
guidelines relating to this Community defence-conversion
initiative ( 2 ), the UK authorities were able to propose a
number of other areas particularly affected by the decline in
defence activities ( bases and industries ). They proposed
twelve such areas in March, among them the ' Southend
travel-to-work area '. The Commission gave its approval on
31 July in an official letter to the United Kingdom .

(') OJ No C 402, 31 . 12 . 1994 .

( 2 ) OJ No C 180, 1 . 7 . 1994 .

21 . 2 . 96 I EN | Official Journal of the European Communities No C 51 / 23

WRITTEN QUESTION E-2569 / 95 WRITTEN QUESTION E-2578 / 95

by Glyn Ford ( PSE ) by James Provan ( PPE )

to the Commission to the Commission

( 22 September 1995 ) ( 27 September 1995 )

( 96 / C 51 / 43 ) ( 96 / C 51 / 44 )

Subject : Import tax on fuel in heavy goods vehicles entering

France

Would the Commission comment upon the practice of
French customs and excise who are charging a duty on all

. fuel within fuel tanks above 200 litres while the same charge

is not applied by other European Union countries,
particularly in view of the fact that this substantially
increases costs for road haulage companies shipping goods
into France in contrast to those shipping goods out from
France who do not suffer the same charges ?

Has the Commission taken this up with the French
authorities yet, or if not, will it consider doing so ?

Answer given by Mr Monti
on behalf of the Commission

( 19 October 1995 )

The Commission has taken note of the Honourable

Member 's concerns about the tax arrangements applicable
to the fuel contained in the tanks of lorries .

In this connection, Member States are prohibited from
applying excise duty to fuel contained in the ' standard
tanks ' of lorries where the fuel has been purchased at a price
inclusive of all taxes in another Member State . ' Standard

tanks ' means

' the tanks permanently fixed by the manufacturer to all
motor vehicles of the same type of the vehicle in question
and whose permanent fitting enables fuel to be used
directly, both for the purpose of propulsion and, where
appropriate, for the operation, during transport, of
refrigeration systems and other systems '.

These provisions, which were laid down in Directive

94 / 74 / EC of 22 December 1994 ( ! ) came into force on 1 July
1995 . The Commission would intervene if any Member
State failed to respect them .

(') OJ No L 365, 31 . 12 . 1994 .

Subject : Electro-magnetic compatibility regulations and

supply of kits for amateur radio users

The UK has several firms suppyling electronic kits for
amateur radio uses . Most of these firms are small part-time
businesses and Britain has a hobby sector that is more
developed than elsewhere in Europe . However, the impact
of EMC regulations governing all electronic products comes
into effect on 1 January 1996 and the bureaucratic burden
that will be placed on this amateur sector will be
intolerable .

Most of the kits involved probably meet the technical
requirements or could easily be made to do so . The burden
of complying, even by the simplest self-certification
procedure, will be greater than most businesses will be
prepared to tolerate . Most kits have a short life of about two
or three years and sell in relatively small numbers . They
seldom remain unchanged for long and new developments
always overtake existing equipment . The effort involved in
getting a product registered adds much time and cost to their
development, which will make the sector uncompetitive
compared to mass-produced gear . There is also a potential
problem with publishing designs in technical magazines if
the equipment has not been registered .

Will the Commission consider the general exemption
scheme for small quantity production runs, say up to 200
units . This should not be seen as an opportunity to flout
technical provisions, but allow amateurs to develop new
techniques and small electronic firms to get established in
start-up business schemes . Will the Commission do
something to alleviate the difficulties that are to face this
hobby sector ?

Answer given by Mr Bangemann

on behalf of the Commission

( 22 November 1995 )

Directive 89 / 336 / EEC on electromagnetic compatibility

( EMC ) forms part of the legal and technical harmonization
measures proposed by the Commission and adopted by the
Council to assure the free movement of goods and thus
progress towards establishing the internal market . In this
specific area, harmonization measures have been adopted by

No C 51 / 24 EN Official Journal of the European Communities 21 . 2 . 96

the Member States aimed at protecting radio
communications equipment and electrical appliances which
could be affected by electromagnetic interference .

The EMC Directive was drawn up for this purpose . It lays
down the general interest protection requirements to be met
by manufacturers and covers all equipment containing
electrical or electronic components . It therefore covers
amateur radio equipment where it is commercialized and
placed on the Community market .

However, radio equipment used by amateur radio
enthusiasts within the meaning of definition No 53 of
Article 1 of the Radio Regulation forming part of the
International Telecommunication Convention is excluded

from the scope of the EMC Directive .

It should moreover be borne in mind that the EMC Directive

entered into force on 1 January 1992 with a transitional
period running until 31 December 1995, when its
application by the Member States will become compulsory .
This four-year transitional period was adopted in order to
give all manufacturers, including those of amateur radio
equipment, sufficient time to adapt to the requirements of
the new European legislation .

The Commission attaches particular importance to
maintaining and improving European industrial
competitiveness . In this connection, compliance by all
manufacturers of electrical equipment with the essential
requirements of the EMC Directive is a vital factor in
making them more competitive, since it enables them to
benefit from freedom of movement and market their

products in any Member State .

Consequently, the burden that complying with the
requirements of the EMC Directive represents for small and
medium-size enterprises, in this particular case
manufacturers of amateur radio equipment, should be
regarded as a sound investment, given the undoubted
benefits that manufacturers derive from it .

WRITTEN QUESTION E-2582 / 95
by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 45 )

Subject : Schwarze Pumpe lignite-fired power station

Construction of the new Schwarze Pumpe lignite-fired
power station is to receive more than DM 1 billion in
funding from the European Investment Bank . However,
there is some doubt as to whether the Federal German

Government complied with all the environmental impact
assessment guidelines when granting planning consent . To

obtain the lignite needed to fire the power station, for
instance, large areas will given up to open-cast mining
without any comprehensive assessment having been made of
the ecological impact of these plans . The Commission has
already initiated proceedings against Germany on this

matter .

1 . On what specific grounds has the Commission based its
proceedings against Germany ?

2 . What stage has been reached in these proceedings ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 13 November 1995 )

1 . As the Honourable Member rightly indicates and as
the Commission states in its answer to Written Question
P-2070 / 95 by Mrs Schroedter f 1 ), the Commission has
opened an infringement procedure pursuant to Article 169
of the EC Treaty in relation to the open-cast mining in the
new German Lander .

According to Directive 85 / 337 / EEC ( 2 ), an impact
assessment for open-cast mining has to be carried out prior
to the authorization of such a project, if the Member State
considers that the characteristics so require . In exercising
the discretion under the Directive, Germany has, by way of
an ordinance, submitted all open-cast mining to an impact
assessment . Thus, an impact assessment pursuant to
Directive 85 / 337 / EEC is mandatory prior to the
authorization of open-cast mining in Germany .

However, the German treaty on unification provides for a
transition period as regards the assessment of projects
located in the new German Lander . The relevant transition

clause is interpreted in such a way that it excludes the
necessity of an impact assessment in almost all cases where
development consents are given to projects related to former
mining . The Commission therefore concluded that this
transition clause was not compatible with Directive
85 / 337 / EEC and that Germany had moreover failed to
apply the Directive when authorizing new open-cast mining
at Janschwalde, Brandenburg .

The lignite extracted at Janschwalde is not delivered to the
power station ' Schwarze Pumpe ' to which the Honourable
Member refers . This plant, for which the European
investment bank has, after consultation with the
Commission, granted a loan, has been subject to an impact
assessment in accordance with Directive 85 / 337 / EEC .

2 . The Commission will decide on the infringement
procedure in the light of the answer of the German
government to the letter of formal notice .

(!) OJ No C 273, 18 . 10 . 1995 .

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

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 25

WRITTEN QUESTION E-2584 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 46 )

Subject : Cohesion Fund and environmental impact

assessments

Only 38,6 per cent of the funds available for environmental
projects through the Cohesion Fund last year were actually
taken up . In the case of the resources earmarked for
infrastructure improvements, the take-up rate was 60,2 per

cent .

1 . Will the Commission take steps to increase the take-up

rate for environmental projects in the four recipient
countries, and if so, how ?

2 . Were environmental impact assessments carried out for
all infrastructure projects supported by the Cohesion
Fund ?

3 . Were any applications for funding from the four

recipient countries turned down because the projects did
not satisfy European environmental protection
standards ? If so, which ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 31 October 1995 )

1 . The Commission has sought to achieve a better
balance between environment and transport projects . It sent
a letter to those Member States which benefit from the

Cohesion Fund, asking them to ensure an even spread
between the two sectors, as stipulated in Regulation ( EC )
No 1 1 64 / 94 ( 1 ) . The balance was already redressed by 1 994
and commitments for the environment are now at the same

level as those for transport .

As regards the implementation of equality between the
sectors, the Commission will adopt a flexible approach, in
particular concerning timing, taking into account the
characteristics of each individual case . According to the
different needs of the cohesion Member States, e.g. in
relation to water management, water treatment and waste
disposal, the Commission will ensure, in partnership with
the Member States, the highest environmental quality of
Cohesion fund projects . Transport projects, for example
investment in public transport, can be the answer to an
environmental problem . The Commission will intensify
safeguards in relation to the environmental quality of
projects funded by the Cohesion Fund, in particular by
improved use of objective eligibility criteria . Projects which

are not environmentally and economically sound will
continue to be refused .

2 . Environmental impact assessments are routinely
carried out for each project when the application for
funding is made .

3 . Funding applications from Cohesion Fund countries
have been turned down for a number of reasons including
the failure of projects to comply with Community
Directives . Only approved projects are monitored
administratively and so the Commission has no list of those
projects turned down with the reasons for their rejection .

(') OJ No L 130, 25 . 5 . 1994 .

WRITTEN QUESTION E-2585 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 27 September 1995 )

( 96 / C 5 1 / 47 )

Subject : Financial support for North Korea 's nuclear

industry

The European Commission is to provide North Korea 's
nuclear industry with financial support of approximately
DM 25 million under an agreement on the conversion of
Korea 's nuclear programme . The graphite reactors are
evidently to be replaced with light-water reactors .

1 . Has the Commission 's proposal already been examined
by the Council of Ministers, and if so, what was the
outcome ?

2 . What are the precise aims of the Commission 's
proposal ?

3 . From which budgetary headings is the funding to come ?
Will it be provided through Euratom loans ?

4 . Have European firms already tendered for the projects
in Korea and, if so, for which projects and what is the
extent of their involvement ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 20 November 1995 )

1 . In July 1995 the Commission proposed to study with
the Member States a possible Community contribution to
KEDO, the Korean peninsula energy development
organisation . Such a contribution is currently under
consideration in the Council working groups . It is not yet
possible to know what will be the outcome .

No C 51 / 26 EN Official Journal of the European Communities 21 . 2 . 96

2 . The question has to be assessed in the light of the
traditional Community contribution to international
nuclear non-proliferation efforts . In March 1995 the United
States, Japan and South Korea established KEDO, an
international organization, with the main objective of
supplying North Korea with light-water reactors as well as
energy alternatives ( oil ) in the intervening years . KEDO will
be operating in the context of the agreed framework
concluded between the United States and North Korea in

October 1994, under which North Korea has undertaken
to end its threat to withdraw from the Nuclear

non-proliferation treaty, to freeze its graphite-moderated
reactors and to engage in North-South dialogue . In
accordance with the agreed framework the United States
and North Korea will also move towards full normalization

of political and economic relations .

Some Member States already contribute to KEDO and one
Member State is a member of KEDO . The objective of the
proposed European contribution would be to help preserve
the nuclear non-proliferation regime and to promote both
reconciliation on the Korean peninsula and peace and
security in East Asia . The initiative would therefore be
consistent with the joint action on the indefinite extension of
the Nuclear non-proliferation treaty . It would also be in line
with the Community 1994 Asia strategy .

3 . No decision has yet been taken on either the amount of
a Community contribution to KEDO nor the budgetary
headings affected, nor have the possible conditions for such
a contribution been determined . For the moment, however,
there is no plan to use Euratom loans .

4 . The Commission is not aware of any tenders for
KEDO projects made at this stage by European firms .

country of the fraudster ), by activity ( fraudulent trading,
slaughterhouse, etc ) and country of destination .

Answer given by Mrs Gradin
on behalf of the Commission

(8 November 1995 )

In 1994 ( the last year for which the Commission has
complete up to date information ), the Member States
communicated the following cases of fraud or irregularities
in the area of export refunds for beef, pigmeat and
poultrymeat :

— 70 cases of unduly paid refunds for an amount of some

ECU 53 million involved beef . All Member States are

concerned ( especially Italy with some ECU 33 million
and Germany with some ECU 11 million ) with the
exception of Portugal ;

— 32 cases of unduly paid refunds for an amount of

ECU 360 000 involved pigmeat . Belgium, Denmark,
Germany, France, the Netherlands, Portugal and United
Kingdom are concerned ;

— 11 cases of unduly paid refunds for an amount of ECU

151 000 involved poultrymeat . Belgium, France, the
Netherlands and United Kingdom are concerned .

In comparison, the total amount of refunds was, in 1994,
ECU 1 708 million for beef, ECU 259 million for pigmeat,
and ECU 213 million for poultrymeat .

The Commission would moreover point out that :

— these 113 cases concerned a number of different third

countries of destination ;

— in the majority of cases, the perpetrator of the fraud or

irregularity was an exporter belonging to the Member
State which communicated the case to the Commission .

Most frauds were carried out by means of falsifying
WRITTEN QUESTION E-25 94 / 95 documents .

by Marianne Thyssen ( PPE )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 48 )
WRITTEN QUESTION E-2602 / 95

by Jesús Cabezón Alonso ( PSE ) and

Subject : Fraud involving meat export subsidies

There are reports of widespread fraud involving meat
export subsidies, particularly for pigmeat, beef and
poultrymeat .

Has the Commission any idea of the extent of this fraud ?
How great is the fraud in comparison with the total amount
of export refunds for pigmeat, beef and poultrymeat ?

Can the Commission give figures for each type of meat

( pigmeat, beef and poultrymeat ), by country of origin ( i.e.

Juan Colino Salamanca ( PSE )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 49 )

Subject : The Urban programme

Which parts of Spain are to benefit from the European
Union 's Urban programme ?

What are the priority objectives which such aid is intended
to achieve ?

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 27

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 25 October 1995 )

With decision C(95 ) 1659 of 19 July 1995, the Commission
approved the Urban programme concerning the following
Spanish towns : Badajoz, Badalona, Baracaldo, Cadiz,
Cartagena, Huelva, La Coruna, Langreo, Madrid, Malaga,
Sabadell, Salamanca, Sevilla, Toledo, Valencia, Valladolid
and Vigo .

The Community 's Urban scheme seeks to address urban
issues, particularly those of problem areas, using an
integrated approach aimed at fostering business start-ups,
improving infrastructure and the environment, offering
suitable training opportunities, and setting up projects
guaranteeing equal opportunities and social amenities .

It will assist the efforts of the authorities to provide the
facilities needed to attract economic activity and create a
climate of confidence and security for the people of the
regions concerned while integrating them into normal
economic and social life .

WRITTEN QUESTION E-2603 / 95

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 50 )

Subject : The notion of ' disaster ' and the CAP

Does the Commission intend to adopt any measures aimed
at providing an objective definition of the notion of
' disaster ' in order to assess disaster risks and the effects on

agricultural production in the European Union ?

Emergency aid is granted to help victims of a natural disaster
and in each of the last few years the Commission has made
an average seven to eight such grants after earthquakes,
floods or storms .

Where State aid is concerned, Member States may grant
national aid after a natural disaster and encourage farmers
to take out insurance policies against certain risks by paying
part of the premium . But they are required to communicate
all instances of such aid to the Commission, which has the
duty of ensuring compliance with the principles laid down in
the Treaty .

When a Member State notifies the Commission of its

intention to grant aid under this heading, the Commission
ascertains whether the situation really is a natural disaster,
i.e. whether production will not exceed 30 % of average
production for the previous three years ( or 20 % in
less-favoured regions ). It also ascertains that the damage
suffered and the sum under consideration are in proportion .
As for state aid towards insurance premiums, this may cover
up to 80 % of the premium due, but the farmer has to find
the remaining 20% . Where insurance of this kind covers
risks other than natural disasters or epizootic or plant
diseases, the maximum permitted subsidy is 50% .

Finally, under the Structural Funds, Member States may set
priorities or introduce specific structural measures of a kind
that will enable farmers to cope with particular climatic
hazards and are in line with the activities of the Structural

Funds . Examples are irrigation and drainage measures,
getting agricultural and forestry production on stream again
and the setting up of appropriate preventive instruments .
The Commission is also looking into the possibility of using
the part of the Structural Funds reserve set aside for
Community measures to support structural programmes in
the Member States at present affected by the aftermath of
natural disasters .

WRITTEN QUESTION E-2604 / 95

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )
Answer given by Mr Fischler to the Commission
on behalf of the Commission

( 30 October 1995 )

The Commission does not intend proposing any
amendment of the legal framework relating to natural
disasters . The underlying principle is that of subsidiarity
in accordance with which any measures to relieve the
consequences of such disasters are the responsibility of the
Member States . Fiowever, the Commission may contribute
at three different levels, namely by granting emergency aid,
by monitoring State aid and by making grants from the
Structural Funds .

( 27 September 1995 )

( 961 C 51 / 51 )

Subject : The effects of drought on arable farming and

stockfarming

Has the Commission carried out any study into the effects of
and the damage caused by drought in several southern
countries in the European Union in the sectors of arable
farming, stockfarming and the agri-food industry ?

No C 51 / 28 EN Official Journal of the European Communities 21 . 2 . 96

Answer given by Mr Fischler
on behalf of the Commission

( 30 October 1995 )

The Commission is aware of the serious consequences of the
drought affecting several Member States . It has information

on :

— the water situation ;

— the drop in agricultural production ascribed to the

drought ; and

— the resulting supply problems faced by cattle feed

producers .

But it has not yet initiated a study specifically on the
drought .

WRITTEN QUESTION E-2605 / 95
by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 52 )

Subject : The effects of drought on agricultural incomes

Although the CAP provides aid calculated in terms of areas
under cultivation and number of animals, does the
Commission intend to take any measures to alleviate the
effects of drought on the incomes of arable farmers and
stockfarmers ?

How could the EAGGF Funds be applied in order to offset
the income losses suffered by those arable farmers and
stockfarmers most seriously affected by drought in several
European Union countries ?

The most important thing to note is that the aid per hectare
introduced by the reform of the CAP is independent of
actual production and is therefore guaranteed even if
production is drastically reduced as a result of poor weather .
In this way, the aid gives producers partial earnings
protection against any accidental drop in yield . It is all too
easy to picture the straits Spanish regions like Andalucia and
Castilla-La Mancha would have been in had there been no

reform or compensation to offset four years of drought .

Commission measures can also help tackle the critical
situations brought about by drought . Examples are :

— a relaxation of the penalties for exceeding base areas

in Spain during the 1994— 95 farm year to allow for
the drought-influenced switch from water-intensive
cropping ( rice and cotton ) to arable farming ;

— Council Regulation ( EC ) No 1460 / 95, proposed by the

Commission, authorizing Spain and Portugal to advance
50 % of aids for cereals, peas, and broad and field beans
before 16 October for the 1995 / 96 year ;

— a transfer of cereals from other Member States to Spain

to supply the market and curb the adverse effects of
excessive prices on livestock farmers .

In addition, the Commission is now looking into the
possibility of using part of the Structural Fund reserve for
Community initiatives to support structural programmes in
Member States currently dealing with natural disasters

( including drought ). However, current rules mean it cannot
use EAGGF funds to compensate the resulting loss in farm
earnings .

WRITTEN QUESTION E-2608 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 53 )

Answer given by Mr Fischler
on behalf of the Commission Subject : Structural aid and the application of Directive

91 / 493 / EEC
( 31 October 1995 )

Payments to farmers to compensate for drought or any other
natural disaster are in principle a matter for the Member
State concerned . However, Community policies and
Commission measures can to some extent help offset the
adverse effects of such disasters on farm incomes .

Some undertakings in the European Union Member States,
through no fault of the managers or workers, have been
unable to apply fully Directive 91 / 493 / EEC of 22 July

1991 ( J ) laying down the health conditions for the
production and the placing on the market of fishery
products .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 29

Some of these undertakings have applied for aid from the
FIFG and the Structural Funds in order to adapt their
businesses to comply with the abovementioned Directive .

How can these undertakings be sure that they will not lose
their entitlement to such aid even if they finish adapting their
production systems after the dates provided for in the
Directive ?

(') OJ No L 268, 24 . 9 . 1991, p . 15 .

WRITTEN QUESTION E-2609 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 54 )

Subject : Application of Directive 91 / 493 / EEC

Does the Commission have any information on the degree to
which Directive 91 / 493 / EEC of 22 July 1991, laying down
the health conditions for the production and the placing on
the market of fishery products, is being applied in the
various Member States ?

Has any Member State asked that the deadline for applying
this Directive be extended ?

How would the Commission react if a Member State were to

request that the deadline for applying the Directive be
postponed, citing valid reasons ?

Joint answer to Written Questions

E-2608 / 95 and E-2609 / 95

given by Fischler
on behalf of the Commission

(3 November 1995 )

Directive 91 / 493 / EEC on the health rules for the production
and marketing of fisheries products was adopted by the
Council on 22 July 1991 . The deadline for incorporating the
Directive into national law was 1 January 1993, to coincide
with the start of the single market .

Article 7 makes provision for national authorities to license
establishments once they are satisfied that they comply with
the Directive .

Nevertheless, point 2 of Article 7 states that Member States
may extend the deadline to 31 December this year to enable
establishments to comply with some of the structural and
equipment requirements needed to obtain a licence . For this
to happen, however, the establishment must have :

— been in operation on or before 31 December 1991 ;

— applied to the relevant national authorities for an

extension before 1 July 1992, i.e. two and a half years
before the deadline laid down by the Directive .

The end of Article 7 stipulates that applications for financial
support from the Community will only be accepted if the
projects comply with the Directive .

The Commission will not be applying the 31 December
deadline to financial awards for the renovation of existing
establishments or the building of new ones . Undertakings
which have requested aid but which have not completed
upgrading work to comply with standards by this date will
not therefore lose their entitlement to support . However,
from 1 January, they will not be included in the list of
licensed firms until all the requirements of the Directive have
been met .

From what the Commission has learnt, it would appear that
the Community fisheries industry has made or is making
great efforts to comply with the new standards . A
postponement of the deadline in the Directive would be seen
in a very dim light by firms which have made the necessary
investment and would continue to distort competition from
firms which have not made the same effort . As no Member

State or professional body has made such a request, the
Commission does not intend proposing an extension
beyond 31 . December to the Council and Parliament .
Similarly, an extension for one Member State would prevent
the single market from operating properly and so could not
be granted .

WRITTEN QUESTION P-2610 / 95

by Eryl McNally ( PSE )

to the Commission

( 19 September 1995 )

( 96 / C 51 / 55 )

Subject : Telematics Application Programme

I am informed that some 1 400 proposals were received by
the deadline ( 15 March 1995 ) for the Telematics
Application Programme and that there have been many
complaints from experts and applicants about the results of
this call for proposals .

I understand that the Commission has already analyzed
its own handling of this call within the Working
Group / Management Committee structure set up in the
Telematics Application Programme and that some reports
have been sent out, for example, in the health sector,
indicating that the proposal selection process is satisfactory

No C 51 / 30 EN Official Journal of the European Communities 21 . 2 . 96

and transparent . However, these reports do not compare
with the complaints received .

What were the scientific, technical and ethical methods used
in performing the analysis which led to applicants and
others being informed that the overall process is satisfactory
and transparent ? Will the Commission describe fully what
data was assembled ; how the results of the analysis were
interpreted ; against what benchmarks ; by whom the
analysis results and interpretations were performed and
in what way they support the conclusions of the
Commission ?

Answer given by Mr Bangemann

on behalf of the Commission

( 25 October 1995 )

The Honourable Member 's question is concerned with the
scientific, technical and ethical methods used in 1995 for the
evaluation of the first call for proposals of the telematics
applications programme, especially for the sector
' telematics applications for health '.

The scientific methodology used for all sectors was the
classical one . Independent external experts were chosen by
the Commission from its extensive list of contacts ( as
suggested by national representatives of the programme
committee and by scientific and professional bodies ). The
Commission then set up different teams of experts for
examining the 1 375 proposals ( 260 for the health sector ).
Each was examined by a team of three experts . A final
consensus was then adopted for each proposal at the team
level, and it was based on standardized evaluation criteria

( scientific and technical excellence, conformity with the
scope and the objectives of the programme, European added
value, high quality project management, commitment
to exploiting the results, scientific credibility of the
partnership, consideration of the social and economic
potential impacts of the project, etc .).

From a technical point of view, the Commission had to use a
paper procedure for the reception and handling of proposals
since a large number of proposers ( small - and medium-sized
enterprises, users, academic partners ) were not able to
introduce their proposals in electronic form . In the future,
however, diskettes, electronic mail and other electronic
supports are likely to be used more often .

The ethical Regulations followed were those commonly
used . Each expert had to sign a declaration avoiding conflict
of interest and guaranteeing confidentiality . The names of
the experts were not disclosed to the proposers .

On the basis of this evaluation, the Commission established
its proposal for the list of retained and reserve listed
proposals . On 21 June the programme committee gave a

unanimous positive opinion . The Commission Decision was
taken on 26 July . Of course, due to the overwhelming
response to the call, with an over-subscription ratio of 12 for
the whole programme ( 15 for its health sector ) certain
excellent proposals had to be rejected . Furthermore, certain
technically good proposals had also to be rejected since they
did not comply with the new user orientation of the

programme .

Finally, in July, a group composed of ten of the external
evaluators involved in the process, three programme
committee members and three Commission officials was set

up to improve the evaluation procedures used . Their report
was presented on 27 July and its recommendations are now
being carefully examined by the Commission . Whenever
appropriate, these recommendations will be taken into
account for the next evaluations . This independent expert
group report is of course at the disposal of the Honourable
Member .

WRITTEN QUESTION E-26 14 / 95

by Michl Ebner ( PPE )

to the Commission

( 27 September 1995 )

( 96 / C 51 / 56 )

Subject : New initiatives in the spirit of the Madrid
Convention

The European Outline Convention on Transfrontier
Cooperation between Territorial Communities or
Authorities ( Madrid, 21 May 1980 ) was undoubtedly a
significant step towards European integration .

In addition to regulation from above, it is particularly
important to do everything possible to facilitate the natural
development of ties among peoples . In this way, national
prejudices can be eliminated and the tendency for people to
identify themselves as Europeans can be encouraged .

Transfrontier cooperation between local authorities, which
has led to various valuable and succcessful projects, was
therefore an extremely praiseworthy initiative .

With this in mind, I would draw the Commission 's attention
to the fact that new initiatives of this kind add to the

momentum of European integration and could increase
public acceptance of the EU .

What will the Commission do, therefore, to renew the
abovementioned Convention and eliminate the senseless

25-kilometre limit for transfrontier contacts ?

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 31

Answer given by Mr Van den Broek WRITTEN QUESTION E-2628 / 95
on behalf of the Commission b christof Tannert ( PSE )
( 20 November 1995 ) to ^ Commission

(2 October 1995 )

All the Member States except Greece and the UK are parties ( 96 / C 51 / 58 )
to the European Outline Convention on Transfrontier
Cooperation between Territorial Communities or
Authorities, which was signed on 25 May 1980 and came
into force on 20 December 1981 ( 1 ). Subject : Application of the common transit procedure

The Community as such is not party to this agreement,
which provides only for Member State participation . It is
not therefore allowed to propose amendments to the

text .

( l ) European Treaties Series No 106 .

WRITTEN QUESTION E-2623 / 95

by Amedeo Amadeo ( NI )

to the Commission

(2 October 1995 )

( 96 / C 51 / 57 )

Subject : American wines

The United States apparently wants customs compensation
from the European Union for damage suffered as a result of
the accession of Austria, Finland and Sweden .

It appears that the US also would like a reduction in the duty
on Californian wine imported into Europe from ECU 12 to
ECU 4,5 per hectolitre . This would naturally have a serious
negative effect on European wine producers, who are
already in difficulty because of the excise duties of recent

years .

Is the above information true ? If so, what stand does the
Commission intend to take ?

Answer given by Mr Fischler
on behalf of the Commission

(7 November 1995 )

Following the accession of Austria, Finland and Sweden on

1 January 1995, the Community has entered into
negotiations under Article XXIV . 6 of GATT with certain
third countries .

As these negotiations are still at a preliminary stage, it is
impossible to predict the final outcome for individual
products such as wine .

It is intended that the common transit procedure should in
future also apply to Poland, Hungary, the Czech Republic
and the Slovak Republic . It has been recommended that this
be conditional upon these countries ' applying the procedure
independently, if possible for at least one year before their
scheduled accession to the transit procedure . The Czech
Republic did so on 1 April 1994, Slovakia on 1 September

1994 and Hungary on 1 January 1995 . Poland has already
failed to meet the recommended deadline for independent
adoption of the procedure — i.e. ( if possible ) at least one
year before the planned accession to the transit scheme,
scheduled for 1 July 1996 — since it adopted the procedure
only on 1 September 1995 .

Is the date of 1 July to be retained as deadline for accession
to the transit procedure ? Are there plans to include any
other third countries ? How will this be regulated ?

Answer given by Mr Monti
on behalf of the Commission

( 23 November 1995 )

The EEC / EFTA Joint Committee on Common Transit
decided at a meeting in Interlaken on 26 October to extend
the common transit procedure to Poland, Hungary, the
Czech Republic and the Slovak Republic .

In the light of the information available to the Commission
with regard inter alia to the state of preparedness of the four
countries, there are no plans to put back the date of
accession to the Common Transit Convention, currently set
at 1 July 1996 .

Other countries including Slovenia, Romania, Bulgaria, the
Baltic States and Turkey have expressed interest, verbally or
in writing, in early accession to the Convention .

It is reasonable to assume that the conditions set for the

accession of the four Visegrad countries will also be applied
mutatis mutandis to these new applicants .

No C 51 / 32 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-2629 / 95 Answer given by Mr Fischler
on behalf of the Commission

by Karl Schweitzer ( NI )

to the Commission ( 19 October 1995 )

(2 October 1995 )

( 96 / C 51 / 59 )

Subject : Trans-European water network

Does Article 130s of the Accession Treaty means that the
Member States may be compelled to participate in the
establishment of a trans-European water network ?

Will the individual Member States consequently be obliged
to contribute to this trans-European water network from
their own resources ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

Although specific Directives cover the welfare of
transported animals, rearing conditions on farms and
welfare conditions at slaugherhouses, no general
Community legislation on cruelty to animals is in force or
proposed . The conditions under which sterilization
operation is may be performed on female animals are
therefore a matter primarily for the law of the Member
State .

However, in the present case as it is alleged that the animals
were at a market at the time of the incident, it is possible that
they could be considered still to be in course of transport
and therefore subject to the rules of Council Directive
91 / 628 / EEC (') on the protection of animals during
transport, which inter alia prohibit causing unnecessary
suffering to a transported animal . The Commission will
therefore make contact with the French authorities on this

matter .

0 ) OJ No L 340, 11 . 12 . 1991 .
( 13 November 1995 )

The Honourable Member apparently refers to Article 130s
of the EC Treaty rather than to the Accession Treaty .
Trans-European water networks are not mentioned in
Article 129b of the EC Treaty . They would be classified as a
measure of water-management . As stipulated in
Article 130s, paragraph 2, these measures can only be
adopted by the Council acting unanimously . Accordingly no
obligations as regards the establishment of trans-European
water networks can be imposed on Member States .

WRITTEN QUESTION E-2632 / 95

by Caroline Jackson ( PPE )

to the Commission

(2 October 1995 )

( 96 / C 51 / 60 )

Subject : Welfare of pigs in France

Is the Commission aware of the documentary film recently
released by Compassion in World Farming which shows
young female pigs being neutered — an extremely painful
operation — without anaesthetic and little concern for
hygiene in an open market in Trie sur Baise, France ?

If so, what is the Commission doing to outlaw such a
barbaric practice ?

WRITTEN QUESTION E-2636 / 95

by Inigo Méndez de Vigo ( PPE )

to the Commission

(2 October 1995 )

( 96 / C 51 / 61 )

Subject : European legislation on the drought

The prolonged drought which the Mediterranean countries
are currently suffering is a serious threat to their agriculture,
tourism and other economically vital sectors . A recent
report by the Committee of the Regions considered this
matter and proposed various initiatives .

Does the Commission intend to adopt specific,
European-level legislation on the drought ?

Answer given by Mr Fischler
on behalf of the Commission

(7 November 1995 )

The Commission shares the Honourable Member 's

concerns about the damage caused to some Member States
by prolonged drought .

Under the Community 's Structural Fund operations,
Member States can already use the support available to
finance activities to combat the effects of bad weather .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 33

Article 5 of Council Regulation ( EEC ) No 2085 / 93
of 20 July 1993 (*) amending Regulation ( EEC )
No 4256 / 88 ( 2 ) stipulates that the Guidance Section of the
EAGGF may provide financing to :

— restore irrigation and drainage ;

— restore farm and forestry output capacity damaged by

natural disasters and put in place appropriate prevention
mechanisms .

In some cases, the ERDF and Cohesion Fund may also pay
for investment activities such as the building of
reservoirs .

Similarly, support in connection with the reform of the CAP
may include measures to reduce water consumption or to

protect water resources .

The Commission has also proposed using part of the credit
reserve for Community initiatives to set up a new Interreg
mechanism for the financing of activities to prevent and
combat drought in certain Objective 1 regions in southern
Europe .

Answer given by Mr Bangemann

on behalf of the Commission

( 15 November 1995 )

The Commission does not have details of the case raised in

the Honourable Members ' question and is therefore unable
to provide a satisfactory answer at this time .

A letter requesting additional information will shortly be
sent to the German authorities . The Commission will not

fail to reply to the Honourable Members ' questions as soon
as possible .

WRITTEN QUESTION E-2643 / 95

by Spalato Belleré ( NI )

to the Commission

(2 October 1995 )

( 96 / C 51 / 63 )

(') OJ No L 193, 31 . 7 . 1993 .

( 2 ) OJ No L 374, 31 . 12 . 1988 . Subject : Near-miss of two aircraft

In view of the recent near-miss of two aircraft over

Lombardy ( Italy ), which was probably due to human error
as the air-traffic controller did not pick up the situation in
time, does the Commission agree that guidelines should be
issued so that each Member State can have the necessary
number of technical staff, given that air safety in Europe and
WRITTEN QUESTION E-2638 / 95 the world as a whole is mainly dependent on these ' radar
by Niels Sindal ( PSE ) and Kirsten Jensen ( PSE ) men '?

to the Commission

(2 October 1995 )

( 96 / C 51 / 62 ) WRITTEN QUESTION E-2733 / 95

by Amedeo Amadeo ( NI ) and Cristiana Muscardini ( NI )

to the Commission

Subject : Labelling of liver sausage

The labelling of foodstuffs is sometimes very unclear, which
can cause inconvenience to consumers in the EU . In the case

in question, a consumer bought a calf 's liver sausage only to
find that it contained not veal, but pork .

In view of this, will the Commission state whether the
German rules on meat and meat products No 2.11 permit
veal / beef to be replaced by pork, so that a sausage sold as a
calf 's liver sausage contains no veal whatsoever ?

Will the Commission also state whether the above state of

affairs is compatible with EU legislation and, if so, what it
intends to do about this problem so as to prevent consumers
from being misled in such a way in future ?

(6 October 1995 )

( 96 / C 51 / 64

Subject : Air transport

The Italian air service is in a state of chaos, as dramatically
illustrated by the near-miss of two aircraft near Linate
airport . Unfortunately, the many delays and cancellations of
departures are also reflected at Community level . As well as
endangering passenger safety, which is increasingly coming
under threat, it highlights the air-traffic problems facing the
European Union as a whole .

Eurocontrol does not appear to be meeting the increasing
requirements of ever-reduced air space, and de-regulation,

No C 51 / 34 EN Official Journal of the European Communities 21 . 2 . 96

as urged by the Commission, has resulted in greater
emphasis being placed on profits to the detriment of the
necessary controls and increase in the number of staff
responsible for flight safety .

Can the Commission adopt a Directive establishing the
number of air-traffic controllers required in each
Community airport ? Can it adopt a Directive making it
compulsory to install the TACS ( anti-collision system ) in
aircraft already in operation and those under construction ?
Can it adopt a recommendation, in line with the principle of
free competition, to prevent the iniquitous system of
imposing quotas for flights in Italian airports ?

Joint answer to Written Questions

E-2643 / 95 and E-2733 / 95

given by Mr Kinnock
on behalf of the Commission

which is currently being discussed by Parliament . Still on
this matter, it is preparing the White Paper on air traffic
management that it announced for the end of this year . The
White Paper will set out a number of measures to be taken,
which will concern both Regulations and the introduction
of new equipment and institutional reform .

Initiatives such as those suggested by the Honourable
Members will be examined in connection with this work .

(.') COM(95 ) 318 final .

WRITTEN QUESTION E-2646 / 95

by Maartje van Putten ( PSE )

( 26 October 1995 ) to the Commission

(2 October 1995 )

( 96 / C 51 / 65 )

The Commission was informed of the regrettable incident to
which the Honourable Members refer but at this stage it
does not have the details which would enable it to draw Subject : Regulation 404 / 93 — banana production in ACP
conclusions . It would merely point out on the basis of the States
available statistics that over the last ten years the risk of a
collision in European airspace has fallen slightly in spite of a
more than 50% increase in air traffic . 1 . Is the Commission aware of assessments which reveal

the extent to which Regulation ( EEC ) No 404 / 93 (')
protects the interests of banana growers in various ACP
States ?

Subject : Regulation 404 / 93 — banana production in ACP

States

From a more general point of view, the Commission is well
aware of the difficulties associated with air traffic in Europe
since the end of the 1980s . It is also monitoring closely
current developments in Italy . It cannot however subscribe
to the view that these malfunctions are due to the process of
liberalization, not de-regulation, of intra-Community air
transport decided on by the Community in accordance with
its institutional mechanisms . Nor can it accept that either
this development or staff shortages in air traffic control can
affect the safety level of this form of transport insofar as all
the relevant indicators available point instead to an
improvement .

2 . If so, what does it consider the most important
conclusions of such assessments to be, and does it agree with
them ?

this development or staff shortages in air traffic control can 3 . To what extent does it agree with the conclusion
affect the safety level of this form of transport insofar as all reached by European development organizations that
the relevant indicators available point instead to an banana-growing in ACP States and European territories is
improvement . frequently associated with better social conditions than

those found in regions producing dollar bananas, and that,
from an ecological viewpoint, the production of bananas for
This should not however obscure the serious economic export is, with one exception, extremely alarming ?

losses that this situation entails both for our economies and

our citizens and carriers . This is why the Commission, in line
with necessary a number to finally of Parliament use Community resolutions mechanisms, feels that it to is find now 4 opportunities . Is it prepared for ACP to investigate banana growers the extent would to which ( now export and
rapid and effective solutions in cooperation with the after 2002 ) be increased by establishing an import quota for
Member States and other international organizations with fair trade bananas which would give preference to imports
responsibility in this area, such as Eurocontrol . of bananas produced under conditions which conform to

4 . Is it prepared to investigate the extent to which export
opportunities for ACP banana growers would ( now and
after 2002 ) be increased by establishing an import quota for
fair trade bananas which would give preference to imports
of bananas produced under conditions which conform to
internationally recognized basic social and environmental
standards ?

With this in mind, it adopted on 5 July 1995 a
communication on congestion and crisis in air traffic ('), (>) OJ No L 47, 25 . 2 . 1993, p . 1 .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 35

Answer given by Mr Fischler
on behalf of the Commission

(7 November 1995 )

stop the European consumer from buying them in increasing
preference to other bananas . The Commission is willing to
examine any possible way of developing such initiatives .

As for ACP bananas, both traditional and non-traditional
supplies are already exempted from customs duty under the
1 . Regulation ( EEC ) No 404 / 93 contains measures for tariff quota .
bananas from African, Caribbean and Pacific ( ACP )
countries which were laid down in a bid to comply with the
terms of the preferential arrangements in the Lome
Convention .

As regards access to the Community market for traditional
supplies, tonnages were set on the basis of the highest output
levels of each ACP country involved and may be imported
duty free . And 90 000 tonnes of the zero-rated tariff quota
has been reserved for non-traditional ACP bananas .

Inclusion of ACP producers in the tariff quota under the
import certificates scheme allows them overall to market a
sufficient quantity of bananas at a fair price . In addition, the
Community has adopted an earnings support and technical
assistance scheme for these producers .

However, the Commission has not yet undertaken a
thorough assessment of the various measures to help ACP
producers maintain their position on the Community
market . It expects to do so soon .

2 . The Commission feels that the various parts of the
organization of the banana market should be retained with
any technical modifications that may prove necessary . A
proposed amendment to cover force majeur and the
possibility of transferring the quantities granted to each
ACP State is now being discussed by the Council .

3 . It is doubtless true that the conditions in which

Community and ACP bananas are produced and marketed
is very different from those seen in dollar banana countries,
with the environmental consequences mentioned . However,
it should be remembered that the soil and weather

conditions mean that bananas in certain production areas
have to be treated more intensely and regularly .

4 . The issue of ' fair-trade ' bananas certainly deserves
close attention, particularly when it comes to compliance
with social and environmental conditions . The problem has
already been raised — first in a general way during the
Uruguay Round and second by the Community during its
ten-year review of the generalized scheme of preferences .

Appropriate procedures — especially inspection measures
— should be drawn up to tackle the problem .

As things stand, though, it is not possible to have a separate
tariff quota for ' fair-trade ' bananas, although this does not

WRITTEN QUESTION E-2652 / 95

by Luciano Vecchi ( PSE )

to the Commission

(2 October 1995 )

( 96 / C 51 / 66 )

Subject : Access to the Commission 's central library

Many citizens have pointed out that the closure of the
Commission 's central library in August means that some
people ( for example, teachers ) are denied access to an
important documentation centre . What are the reasons
behind this decision and does the Commission intend to

allow the library to remain open in future during the month
of August ?

Answer given by Mr Oreja
on behalf of the Commission

( 14 November 1995 )

The Commission 's central library in Brussels is not a public
library, but serves primarily the needs of the Commission
and its staff . As far as library staff and reader space permit,
the library 's collection is also made available to outside
researchers, including teachers and post-graduate students .
Like most libraries, the Commission 's central library closes
each year for inventory, reorganization, cleaning and staff
holidays . The month of August is regarded as the best period
to close and is likely to remain so . Most researchers
are aware of the August closure and understand the need
for it .

All aspects of the library 's accessibility are kept under
regular review . 1995 is, for example, the first year in which
the library has been open continuously to readers on each
day of outside access, namely Mondays, Tuesdays and
Thursdays lOhOO to 17h00 and Fridays lOhOO to 16h30 .
The Commission 's aim is to extend as far as possible public
access to the central library .

When the central library receives an advance written request

from a researcher for access to material difficult to obtain

elsewhere — and when it is clear that the researcher faces

No C 51 / 36 | EN | Official Journal of the European Communities 21 . 2 . 96

particular constraints of travel and availability — every
reasonable effort is made to help on an ad hoc basis .

WRITTEN QUESTION E-2665 / 95

by Miguel Arias Canete ( PPE )

to the Commission

(2 October 1995 )

( 96 / C 51 / 67 )

Subject : Exceeding of regional base areas for dry farming in

Spain

The base area for dry farming will not be exceeded in Spain
during the current marketing year, since aid has been
requested for only 7 817 ha .

When the base area is regionalized, however, five of the 17
autonomous communities will exceed the areas allocated to

them .

In these circumstances, does the Commission not consider it
inappropriate to apply the penalties provided for under
Community law during the current marketing year ? If so,
does it intend to amend Community legislation so as to
ensure that regional excesses do not in future lead to the
imposition of penalties where the overall national area is not
exceeded ?

WRITTEN QUESTION E-2667 / 95

by Miguel Arias Canete ( PPE )

to the Commission

(2 October 1995 )

( 96 / C 51 / 68 )

Subject : Penalties for exceeding base areas

Does the Commission intend to make the necessary changes
to Community legislation to make it possible, where the
national base area is exceeded in Spain, for penalties to be
applied only in those autonomous communities which have
exceeded their regional base area and thus caused the overall
excess ?

Joint answer to Written Questions

E-2665 / 95 and E-2667 / 95

given by Mr Fischler
on behalf of the Commission

( 31 October 1995 )

Responsibility for subdividing Spanish land into base areas
under the regionalization plan is a matter entirely for the
Spanish authorities .

The Council has asked the Commission to put in hand a
rapid study of the effect of a possible amendment of the rules
to allow Member States to apply a single national base area
while making it possible to concentrate penalties for
exceeding part or all of this area on those Member State
regions which are guilty of going over the limit .

The Commission study will take account of the effect of any
such amendment on the equal treatment of producers,
the actual implementation of the base area system, and
the consequences for controlled management of the
Community 's production, budget and international
undertakings .

WRITTEN QUESTION E-2666 / 95

by Miguel Arias Canete ( PPE )

to the Commission

(2 October 1995 )

( 96 / C 51 / 69 )

Subject : Exceeding of regional base areas for irrigation in

Spain

The base irrigation area for crops other than maize will be
exceeded in Spain during the current marketing year by
more than 280 000 ha, even though the base area for maize
has not been covered .

In these circumstances, and given the extensive drought
affecting Spain, which has made maize cultivation
impossible, does the Commission not consider that there
should be internal compensation within Spain between the
two base areas for irrigation during the current marketing
year and, if so, does it not intend to amend Community
legislation in the future by combining the two base areas for
irrigation in Spain ?

Answer given by Mr Fischler
on behalf of the Commission

( 25 October 1995 )

Regulations on compensatory payments for producers of
cereals, oil grains and high-protein products provide that
Member States, in calculating by how much the base area for
' crops other than maize ' is exceeded, may reallocate the
balance for ' maize ' to the base area for ' crops other than
maize .'

Spain used this option in 1993 / 94 and 1994 / 95 to alleviate
the effects of measures provided for in the event of the base
area being exceeded .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 37

WRITTEN QUESTION E-2668 / 95

by Gérard Deprez ( PPE )

to the Commission

(2 October 1995 )

( 96 / C 51 / 70 )

Subject : Directive 64 / 43 3 / EEC and possible confusion

about the origin of slaughtered animals — Reply to
my Written Question E    - 1620 / 95

I should like to thank the Commission for its answer to my
Written Question E-1620 / 95 (').

However, in its reply the Commission does not suggest any
solution to the problem of the confusion which may arise in
the minds of customers between the health mark —

identifying the place of production of the meat — and a
mark indicating the animal 's place of origin .

However, as I pointed out in Written Question No 1620 / 95,
this confusion can cause problems : a French wholesale
butcher is threatening to leave an abattoir situated in
Mouscron, Belgium, because his customers refuse to buy
meat which, although French, is stamped ' Belgium — 129 —
EEC '.

Would it not be possible to consider placing a second mark
indicating the origin of the meat or the fact that it is of
foreign origin alongside the mark indicating the place of
slaughter ? Could the Commission propose that the current
provisions on this matter be amended ? If not, why not ?

(M OJ No C 273, 18 . 10 . 1995, p . 27 .

Answer given by Mr Fischler
on behalf of the Commission

(6 November 1995 )

the list of registered establishments at considerable cost
without improving the efficiency of tracing meat .

The Commission is not in favour of adding a second stamp
to show the origin of the slaughtered animal . The Court of
Justice has ruled that national marks of origin infringe

Article 30 of the EC Treaty, and the Commission sees no
place for such marks in a single market .

WRITTEN QUESTION E-2672 / 95

by Susan Waddington ( PSE )

to the Commission

(4 October 1995 )

( 96 / C 51 / 71 )

Subject : VAT harmonization on tourism services

The UK Government 's failure to take full advantage of EU
tax agreements allowing Member States to levy VAT at a
reduced rate on many tourism services, places the UK tourist
industry at a competitive disadvantage . A recent report
estimates that an 8 % reduction in VAT on accommodation

alone would in four years result in the creation of 38 000
jobs, reduce the UK balance of payments deficit on travel
and tourism by nearly £3 billion, and generate an extra £419
million in treasury revenue .

What action, if any, is the Commission taking to encourage
the UK Government to take full advanage of these
provisions ?

Answer given by Mr Monti
on behalf of the Commission

As stated in the reply to the Honourable Member 's previous (3 November 1995 )
Written Question E-1620 / 95 on the same subject, the health
mark on fresh meat indicates that the meat has been

produced in a registered establishment, under hygienic
conditions and has been inspected and found to be fit for The Commission has already
human consumption . This mark gives no indication of the favour the European tourist industry by
geographical origin of the animal from which the meat was At the time of the preparation of the
obtained . arrangements this was done by

The health mark gives an indication of the Member State in
which the establishment is situated in order to enable the

establishment to be identified rapidly, should the need arise .
The Commission has in the past discussed with the
authorities of the Member States the possibility of replacing
this indication with a Community mark . However, this
would entail the centralized maintenance and updating of

The Commission has already aknowledged the need to
favour the European tourist industry by means of taxation .
At the time of the preparation of the transitional VAT
arrangements this was done by including categories such
as ' accommodation provided by hotels and similar
establishments including the provision of holiday
accommodation and the letting of camping sites and
caravan parks ' as well as certain other activities which are
linked to tourism, such as ' admissions to shows, theatres,
circuses, fairs, amusement parks, concerts, museums, zoos,
cinemas, exhibitions and similar cultural events and
facilities ', in the scope of the reduced VAT rate which
Member States have the option of applying . Nevertheless, as

No C 51 / 38 EN Official Journal of the European Communities 21 . 2 . 96

is now well known, it is the responsibility of each Member
State to decide whether or not it wishes to make use of this
option . In the past, the United Kingdom has been reluctant
to make use of any reduced VAT rate .

WRITTEN QUESTION E-2676 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

(4 October 1995 )

( 96 / C 51 / 72

Subject : Discrimination against women in recruitment

procedures

On 1 1 May 1991, the ' Sul e Ilhas ' Union of Banking Staff of
Lisbon submitted a petition to the European Parliament

( No 598 / 91 ) on discrimination against women by the
Commercial Bank of Portugal . The staff recruited by the
bank were almost exclusively men : of its 2 946 employees,
only 22 were women ( 0,7%, as compared with a sectoral
average of 30% ).

As stated in the opinion delivered by the European
Parliament 's Legal Service on 22 July 1993, by virtue of its
duties under Article 155 of the EEC Treaty and in view of
the Portuguese authorities ' failure to take action against this
blatant violation of a Community Directive, the
Commission should have, notwithstanding the opinion
delivered by its own advisory bodies, initiated proceedings
for failure to act, pursuant to Article 169 of the EEC
Treaty .

Will the Commission explain its position which conflicts
with Parliament 's own position and allows the continued
violation of Community Directives implementing the
principle of equal treatment for men and women as
regards employment opportunities, professional training,
promotion and working conditions ?

Despite a detailed analysis of the facts, the Commission was
unable to find a legal basis to justify any action on its

part .

The Parliament 's Committee on Petitions examined the

petition in September 1992 and decided to ask the
Parliament 's Legal Service for its opinion, which was
delivered in July 1993 . This opinion states that the bank in
question is a private undertaking and that Directive
76 / 207 / EEC has been properly transposed into Portuguese
law by means of Decree-law No 329 / 79 . Nevertheless, it
concludes that the Commission 's only possibility for action
at Community level would be the infringement procedure
under Article 169.of the EC Treaty, in that the passiveness
of the Portuguese authorities with regard to the
non-observance of the Community Directive would
constitute a failure to comply with Community law .

At the meeting of the Committee on Petitions on
22 November 1993, the Commission rejected this
argument, stating that it can require a Member State to
comply with its Community obligations through the
procedure set out in Article 169 of the EC Treaty only when
the infringement is committed by the Member State . In the
case in point, the infringement has not been established, as
this would at least require the number of female candidates
rejected for jobs offered by the bank to be known .
Furthermore, even if it were established, it would still have
been committed by a private undertaking . Consequently,
the Commission feels that Portugal cannot be held
responsible for discriminatory behaviour by its private
undertakings and that the Portuguese authorities ' decision
to take no action does not constitute failure to comply with
Community law . Rather, it is the responsibility of the
Portuguese citizens who believe that they have been
wronged to take legal action to enforce their rights under
Directive 76 / 207 / EEC, given that the Directive has been
properly transposed into national law .

Following adoption of this clear and definitive position, the
Commission has concluded that the petition in question is
unfounded .

WRITTEN QUESTION E-2692 / 95

Answer given by Mr Flynn
on behalf of the Commission

by José Valverde Lopez ( PPE )
(6 December 1995 ) to the Commission

(4 October 1995 )

The petitioner claims that the Banco Commercial Portugues 96 / C 51 / 73 )
has recruited only 22 women compared with 2 946 males
employees and that these figures constitute evidence of
discrimination on grounds of sex, within the meaning of Subject : Incorporation into Spanish
Directive 76 / 207 / EEC . the animal health

Subject : Incorporation into Spanish law of the Directive on

The Commission contacted the Portuguese authorities in
August 1991 and asked for their reactions . In their reply of
January 1992 the authorities informed the Commission that

they were not in a position to take any action, as there was
no proof that discrimination had been practised .

Could the Commission say whether or not the Spanish
Government has complied with Directive 91 / 67 / EEC ( ! )
concerning the animal health conditions governing the

the animal health conditions governing the placing
on the market of aquaculture animals and
products

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 39

placing on the market of aquaculture animals and Answer given by Mr Fischler
products ? on behalf of the Commission

( 16 November 1995 )
(') OJ No L 46, 19 . 2 . 1991, p . 1 .

Spain notified the Commission in June of the national
measures taken to implement Commission Directive

QUESTION E-2694 / 95 93 / 48 / EEC, which sets out the schedule of conditions to be

met by fruit plant propagating material and fruit plants

Valverde Lopez ( PPE )

intended for fruit plant production, pursuant to Article 4 of
to the Commission Council Directive 92 / 34 / EEC ( M.

WRITTEN QUESTION E-2694 / 95

by José Valverde Lopez ( PPE )

(4 October 1995 )

( 96 / C 51 / 74 ) (') OJ No L 157, 10 . 6 . 1992 .

Subject : Incorporation into Spanish law of the Directive

concerning the placing of plant protection
products on the market

Could the Commission say whether or not the Spanish
Government has complied with Directive 91 / 414 / EEC ( J )
concerning the placing of plant protection products on the
market ?

(') OJ No L 230, 19 . 8 . 1991, p . 1 .

Joint answer to Written Questions

E-2692 / 95 and E-2694 / 95

given by Mr Fischler
on behalf of the Commission

(6 November 1995 )

Directives 91 / 67 / EEC and 91 / 414 / EEC have been

incorporated into Spanish national law and the Commission
has been notified .

WRITTEN QUESTION E-2697 / 95

by José Valverde Lopez ( PPE )

to the Commission

(4 October 1995 )

( 96 / C 51 / 75 )

Subject : Incorporation into Spanish law of the Directive on

the conditions to be met by fruit plant propagating
material

Could the Commission say whether or not the Spanish
Government has complied with Directive 93 / 48 / EEC (')
concerning the conditions to be met by fruit plant
propagating material ?

(') OJ No L 250, 7 . 10 . 1993, p . 1 .

WRITTEN QUESTION E-2702 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(4 October 1995 )

( 96 / C 51 / 76 )

Subject : Marina at Ayios Haralambos in Mykonos

There are plans to build a marina at Ayios Haralambos in
the village of Hora on the island of Mykonos, in the
Cyclades . Over 800 inhabitants have complained that
the marina will place further strains on the already
over-crowded area, which contains listed buildings, and will
have repercussions for the environment ( such as effluent, the
transport of fuel and provisions, etc .) and for local planning

( changes in the natural landscape and in the appearance of
the town and the sea ). The marina at Ayios Haralambos is to
receive funding from the second Community Support
Framework, and an invitation for tenders has already been
issued .

1 . Has an environmental impact assessment been carried
out in accordance with the particularly strict conditions
which apply to internationally famous tourist resorts,
such as Mykonos, the beauty of whose buildings is its
chief attraction, bearing in mind that the old town is
already over-crowded ?

2 . Have alternative solutions been studied and, if so, why
was the Ayios Haralambos scheme selected and others
rejected ?

3 . Does the Commission intend, in cooperation with the
Greek authorities, to look into the possibility of building
a marina for the over-wintering, provisioning and repair
of vessels in the new port in Turlos ( as envisaged in
the Avgoustinos study, ETVA 1993 ) to ensure that
Mykonos has a large, modern, operational marina with
long-term prospects, which will serve the requirements
of wealthy tourists and at the same time be in keeping
with the traditional spirit of the place, so that the island
does not suffer the fate of many areas of Spain and
instead remains a unique island resort with international
appeal ?

No C 51 / 40 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-2703 / 95 approved to build a marina at Turlos, which is, moreover,
by Mihail Papayannakis ( GUE / NGL ) being funded from the same programme ?

to the Commission

(6 October 1995 ) ( 1 ) OJ No L 175, 5 . 7 . 1985, p . 40 .

( 96 / C 51 / 77 )

Joint answer to Written Questions

Subject : The building of a marina at Ayios Haralambos,

Mykonos

E-2 702 / 95 and E-2703 / 95

given by Mrs Wulf-Mathies
on behalf of the Commission

( 22 November 1995 )

The inhabitants of Mykonos are protesting ( in a petition
signed by 845 citizens ) at the building of a marina at Ayios
Haralambos in the village of Hora on the island of There is at present no agreed Community co-financing for
Mykonos, which is to be the subject of an invitation to either the Tourlos project or the Ai-Charalambis project .
tender on 24 October 1995 .

Given that :

— the building of the marina at Ayios Haralambos will put

further strain on the already over-crowded village
which, it should be pointed out, contains listed
buildings, and will have various repercussions for the
environment ( effluent, fuelling and provisioning
transport, etc .) and for local planning ( radical changes in
the natural landscape and the appearance of the
town );

— the choice of Ayios Haralambos as the site is indicative

of the piecemeal, ad hoc and ineffectual approach of the
Greek tourist industry ;

— plans have already been drawn up and approved for the

construction of a large marina for the over-wintering
and repair of vessels in Turlos, Mykonos ;

— the inhabitants of Mykonos and environmental
organizations have protested strongly at the building of
the marina at Ayios Haralambos ;

— doctoral theses and studies by specialists from the

University of the Aegean are totally opposed in theory
and in practice to such a development model ;

— the building of the marina, which would have 240

berths, is being funded by the South Aegean Regional
Operational Programme ( Second CSF ) to the tune of
Dr 2,5 billion,

The Tourlos project has been proposed, as a port only, in the
framework of the operational programme for transport

1994 — 1999 ( part of the Community support framework
for Greece 1994 — 1999 ). The Commission is examining
the priorities concerning the ports to be included in
the abovementioned programme or in the operational
programme for the South Aegean 1994 — 1999 . For this
purpose it has co-financed a study, and a letter requesting
details about the Tourlos project has been sent to the Greek
authorities .

The Greek authorities have not made a formal demand for

co-financing the Ai-Charalambis marina project . If they
do so, the Commission will examine the matter . No
co-financing can be agreed without a detailed examination
of the project, including its feasibility and the impact on the
environment of the island .

WRITTEN QUESTION E-2708 / 95

by Stephen Hughes ( PSE )

to the Commission

(6 October 1995 )

( 96 / C 51 / 78 )

Subject : Community initiatives — Urban

Further to Question E-593 / 95 ( ), how many submissions
have been made under the Urban initiative from the United

Does the Commission know whether an environmental Kingdom, what progress has been made in adopting these

initiatives and when will the Commission publicize the

impact assessment of the project has been duly carried out

results of its negotiations with the United Kingdom

and published as required by Directive 85 / 337 / EEC ( ! )? authorities ?
What action does it intend to take, under the powers vested
in it, to prevent the marina from being built at Ayios
Haralambos and promote the alternative project already ( ! ) OJ No C 196, 31 . 7 . 1995, p . 39 .

21 . 2 . 96 I EN 1 Official Journal of the European Communities - No C 51 / 41

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(3 November 1995 ) (3 November 1995 )

The Commission has no knowledge as yet of the project in
The Urban programme for Northern Ireland was adopted question, which has not been submitted for co-financing
on 27 February 1995 . from the European Regional Development Fund .

For England, Scotland and Wales, following a request by the
Commission, the United Kingdom authorities reduced the
number of programmes to 14 urban areas .

WRITTEN QUESTION E-2720 / 95

Considerable progress has been made towards adopting
these programmes . Meetings have been held with partners in
each area with the national authorities . The Commission is

still waiting for a final proposal from the United Kingdom
authorities for the allocation of Structural Fund finance

among the 14 areas . It is also waiting for the programme
revisions that take account of the discussions that have been

held and hopes to be in a position to approve the Urban
programmes before the end of the year .

by Mathias Reichhold ( NI )

to the Commission

(6 October 1995 )

( 96 / C 51 / 80 )

Subject : Double tolls in Austria as an infringement of EU

competition law

Mr Ditz, the Astrian Transport Minister, is planning to
introduce a general toll disc in addition to the existing tunnel
tolls .

Is this action, which will impose a disproportionate ! high
burden particularly on small and medium-sized enterprises
WRITTEN QUESTION E-2714 / 95 in Carinthia, Tirol, Bavaria and Northern Italy, in
contravention of EU rules on competition ?
by Daniel Varela Suanzes-Carpegna ( PPE )

to the Commission

(6 October 1995 )

Answer given by Mr Kinnock
( 96 / C 51 / 79

on behalf of the Commission

Subject : Halting of a planned rail link between Ferrol and

As Pontes de Garcia Rodriguez

According to press reports, the Commission was informed
about and gave its support to a plan by the Spanish
Government for the ERDF to subsidize 62,5 % of the
construction costs of a rail link between the port of Ferrol
and the locality of As Pontes de Garcia Rodriguez, in the
province of La Coruna, Galicia, Spain, for the transport of
coal to the Endesa power plant .

The project has been halted but needs to be implemented as
a matter of urgency . We would therefore ask the
Commission :

(9 November 1995 )

Given that the Austrian Government has not yet approved
the project and that all the details are not yet known, it
would be premature to comment on the compatibility of the
proposed measures with Community law .

WRITTEN QUESTION E-2727 / 95

by Christoph Konrad ( PPE )

to the Commission

(6 October 1995 )

( 96 / C 51 / 81 )

Has it been informed about the plan ? Subject : Implementation of the agreement of 9 February

1994 on charging for the use of certain roads by
Has it delivered a report in favour of granting a subsidy and, taxation heavy vehicles and tolls and Directive 93 / 89 / EEC on
if so, what amount did it recommend ?

1 . Is the Commission aware of the evidence to suggest
Can it say why the plan has been halted ? that the agreement of 9 February 1992 on charging for the

No C 51 / 42 EN Official Journal of the European Communities 21 . 2 . 96

use of certain roads by heavy vehicles and Directive
93 / 89 / EEC (*) on the application by Member States of taxes
on certain vehicles used for the carriage of goods by road
and tolls and charges for the use of certain infrastructures
are not being properly implemented ?

2 . In particular, does the Commission know whether it is
true that these rules did not in some cases enter into force on

1 January 1995 as they should have done, but at a later date
or even not at all ?

3 . Does the Commission have any evidence that,
contrary to the provisions of Article 92 of the EEC
Treaty, the Member States have paid direct or indirect
compensation for the charges imposed on their nationals

( e.g. by reducing vehicle tax on the vehicles affected by the
charges )?

(>) OJ No L 279, 12 . 11 . 1993, p . 32 .

Answer given by Mr Kinnock

on behalf of the Commission

( 15 November 1995 )

1 . To date Denmark, Germany, Greece, Spain,
Luxembourg, Portugal and the United Kingdom have
informed the Commission of the national measures which

they have taken to implement Directive 93 / 89 / EEC . Belgium
has sent notification of some measures but these are not yet
complete . The Commission is currently examining whether
these texts comply with the Directive . It is too early to
prejudge the results .

The agreement of 9 February 1994 is an international
convention between five Member States, to which the
Community is not a party . The Commission is therefore
unable to guarantee correct application of the rules of this
convention, as if they were Community rules . Nevertheless,
it examines whether the national measures are in line with

the Directive . Moreover, the Commission has no knowledge
of any cases where the agreement has not been applied in line
with the rules, although there have been differences of
interpretation between Member States .

2 . As mentioned, some Member States have yet to inform
the Commission of the measures adopted to comply with the
Directive . It therefore follows that the Commission does not

know whether they had brought the relevant rules into
force, fully or in part, by 1 January 1995 . The Commission
has urged the Member States concerned to let it know . If
necessary, it will bring proceedings, as provided for by
Article 169 of the EC Treaty .

3 . Appraisal of the compatibility with the Treaty of the
direct or indirect compensation granted by Member States

forms part of the broader analysis of the conformity of the
national measures .

A reduction in vehicle tax is not, in itself, an infringement of
Community law, provided the minimum rates set in the
Directive are observed .

WRITTEN QUESTION E-2734 / 95

by Cristiana Muscardini ( NI )

to the Commission

(6 October 1995 )

( 96 / C 51 / 82 )

Subject : Restructuring of Olivetti 's computer industries

State-funded schemes over recent years to support the
Olivetti group and associated companies have singularly
failed to protect the jobs of thousands of employees ; indeed,
the Ivrea group, which employed 53 000 workers in 1990

( 27 000 in Italy ) employed only 41 000 ( 20 000 in Italy ) in
1992 . Many workers became surplus to requirements — in
Italy alone, 2 500 were dismissed in 1992, leading to a
budget loss of Lit 650 billion . Given that deficits
attributable to management shortcomings, as in the case of
Olivetti, cannot be covered by siphoning off State funding
for measures which are insubstantial, to say the very last,
can the Commission :

1 . adopt a Directive reviewing the continental information
technology market and identifying the reasons for the
crisis ?

2 . draw up a study of the IT market in Italy in order to
ascertain how it can be effectively developed ?

3 . carry out a detailed study to identify whether the

financing obtained both in Italy and in Europe by the De
Benedetti group has been actually used for the purposes
for which it was intended ?

4 . adopt a Directive to protect the jobs of thousands of
Olivetti workers that are now in jeopardy, partly
because of management shortcomings ?

Answer given by Mr Van Miert

on behalf of the Commission

( 23 November 1995 )

The Commission views the information technology industry
not just as an important part of Europe 's industrial
structure, but also as a key factor in the development of the
information society .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 43

The economic crisis and the fall in investments at the

beginning of the 1990s, together with a steep drop in prices
and fierce competition, caused losses in many IT firms and
forced them into painful restructuring . Analysis of the
market shows that after reaching its lowest point in 1993,
the sector picked up again in 1994 and this upturn
continued in 1995, though it was slower in Europe than the
United States .

Several initiatives, including an overall action plan ( Europe 's
way to the information society ) were implemented by the
Commission to prepare the necessary legal and market
framework for evolving towards the information society,
and to promote the development of new applications .

The main strands of Community industrial policy have as
their goal the creation of an environment that is favourable
to all economic activities and the encouragement of private
investment, while avoiding sectoral intervention .

The statistics for the sector indicate that the IT industry is
not developing at the same rate in all Member States : growth
is faster in the Nordic countries and the United Kingdom,
while it is below average in the southern Member States,
including Italy . The Commission believes that no effort
should be spared, particularly in Italy, to open up markets as
widely as possible and accelerate the liberalization of
telecommunications services and infrastructures, in order
to stimulate market forces and encourage private
investment .

Apart from the immediately identifiable public aid which
the Olivetti group has enjoyed, the Commission is not aware
of all the support which the company has received in Italy or
other Member States . This is due to the fact that the firm has

been able to take advantage of general measures, open to all
the companies in a Member State, but also aid provided

under horizontal or regional schemes approved by the
Commission, in accordance with which the Member States
are free to grant aid without having to notify the
Commission .

As far as monitoring the way companies use the financing
they have obtained is concerned, the Commission is helped

in this by the Member States . Generally, whether national or
Community assistance is involved, the recipient companies
are required to present a periodic report on completion of
the project for which they received financing . The cases
mentioned above involved research and development
programmes for which the payment of grants is conditional
on monitoring of the project 's progress by the competent
minister or, in the case of Community programmes, by the
Commission .

The Commission is not so far aware of any infringements
with regard to the use of public finances, in terms of these

being used for ends other than those which were approved,
but if the Honourable Member has precise details, it is
prepared to conduct an inquiry on the basis of the facts
involved ( name of the firm concerned, amount of financing

and public authority granting it, date of payment, planned
use and actual use ).

Initiatives designed to safeguard jobs threatened as a result
of a firm 's difficulties are generally national in origin and
apply to individual firms . These initiatives are made within
the framework of restructuring plans, which frequently
include aid . If this is the case, the Commission must be
notified in advance so that it can assess their compatibility
with the Treaty . To date, the Commission has not received
any restructuring plan for a firm within the Olivetti

group .

Regarding collective redundancies of workers, may we refer
the Honourable Member to Council Directive 92 / 56 / EEC of

24 June 1992 amending Directive 75 / 129 / EEC on the
approximation of the laws of the Member States relating to
collective redundancies .

WRITTEN QUESTION E-2743 / 95

by Florus Wiisenbeek ( ELDR )

to the Commission

( 12 October 1995 )

( 96 / C 51 / 83 )

Subject : TIR licence

Is the Commission aware that the TIR zone system has some
serious shortcomings as a result of which the organization
responsible for its administration ( IRU — International
Road Union ) finds itself in serious difficulties ?

Is the Commission aware that the system is seriously open to
fraud since the bond that must be paid by the hauliers bears
no relation to the cost of clearance of excisable goods in
particular ?

Does the Commission consider that it should take any
action to find a solution to this problem, for instance by
introducing compulsory controls at the external borders
and re-sealing loads for transport outside the Union ?

Could the Commission put forward a proposal to draw up a
system for excisable goods to make it no longer worth it not
to declare such goods ? If so, how does the Commission
intend to present and / or implement these measures ? If not,
why does the Commission not consider that it should take
some action in this regard ?

Answer given by Mr Monti
on behalf of the Commission

( 22 November 1995 )

The Commission is aware of the serious problems currently

facing the TIR system, particularly as regards fraud in the

No C 51 / 44 EN Official Journal of the European Communities 21 . 2 . 96

transport of high-excise goods . In view of the increase in
tobacco and alcohol fraud, these products have now had
their carnet suspended so excluding them from the

system .

In order to protect the system, the Community accepted
with immediate effect resolution No 49 of 3 March by the
EEC 's working party on transport customs questions . The
resolution sets out short-term measures to ensure the
TIR arrangements run smoothly and securely ( 1 ). More
especially, it insist that use be made of Article 38 of the TIR
Convention, which excludes anyone guilty of a serious
breach of customs regulations .

It should also be pointed out that the sealing of vehicles at
the start of a TIR operation is vital to the system as a
whole .

In close conjunction with the Member States and
international bodies responsible for the TIR system, the
Commission intends to continue work on a wide-ranging
review of the Convention, with the emphasis on greater
security and improvements to the way the international
guarantee for sensitive goods works .

4 . What does the Commission intend to do about this ? If

nothing — why ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 10 November 1995 )

The Commission is seeking from the relevant authorities the
information necessary in order to answer the questions put
by the Honourable Member and will notify her of its
findings .

WRITTEN QUESTION E-2748 / 95

by Mark Watts ( PSE )

to the Commission

( 12 October 1995 )

( 96 / C 51 / 85 )

(') OJ No L 181, 1 . 8 . 1995 . Subject : Transport telematics

In the view of the fact that safety is one of the main
objectives of transport telematics work, and following the
evaluation that has been carried out on the proposals for the
first round of DG XIII Transport Sector of the Fourth
Framework Programme, could the Commission indicate :

WRITTEN QUESTION E-2745 / 95

by Jannis Sakellariou ( PSE )

to the Commission

( 12 October 1995 )

( 96 / C 51 / 84 )

Subject : Relocation of industrial firms using EU funds

1 . Is the Commission aware of the fact that firms who —

motivated by the possibility of aid from EU Structural Funds
— plan and make investments in Ireland, often subsequently

( probably due to lower production and unit wage costs in
Ireland ) ' wind up ' their original location in Germany ?

2 . Is the Commission aware that this occurred in the case

of American Home Productions Corporation or Wyeth in
Wolfratshausen, Bavaria ?

3 . Does the Commission regard such practices as being in
line with the spirit of Structural Funds assistance or the aim
of encouraging investments in accordance with Objective 1 ?
Does the Commission agree that this practice constitutes
misuse of EU funds ?

1 . How many projects were awarded ; the main aim of
which is to reduce road traffic casualities ?

2 . Which safety problems do these projects address ?

3 . What percentage of the overall budget of the transport

telematics sector is to be spent on these safety
projects ?

Answer given by Mr Bangemann

on behalf of the Commission

( 15 November 1995 )

Eight telematics proposals dealing mainly with road
transport safety-related activities were awarded funding as a
result of the first call for proposals . It is expected that the
resulting project will start at the end of 1995 or the
beginning of 1996 .

A significant number of other projects will deal with
increasing mobility and the use of public transport, and will
therefore have an important impact on reducing the number
of road traffic casualties . Further projects will consider
public transport security and safety aspects .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 45

The eight projects address the following issues :

— driver assistance and warning, dealing with vehicle

control for distance and lane keeping, driving speed
recommendation and enforcement, and the
human-machine interface for in-car devices,

— driver state monitoring and warning to detect
potentially dangerous situations like sleepiness, fatigue
and health problems,

— vehicle control in case of emergency including safe

automatic control and stopping of the car,

— automatic and manual calls for help and warnings to the

surrounding traffic in case of an emergency,

— special needs of elderly and disabled people,

— automatic incident detection .

The funding to be committed to these projects represents
21 % of total amount for the road transport telematics
sector . This figure does not include the contribution of
safety-related activities in other projects .

WRITTEN QUESTION P-2762 / 95

by Edouard des Places ( EDN )

to the Commission

(3 October 1995 )

( 96 / C 51 / 86 )

Subject : European rules on sheepmeat and goatmeat
premium rights

The breeding of sheep and goats is of great importance for
the maintenance of rual areas in the least favoured regions of
the European Union .

Premium rights in this sector are currently governed by
Regulation ( EEC ) No 3567 / 92 ( ! ).

However, the strict application of the limits set out in
Articles 6 and 7 of the Regulation has been shown in
practice to restrict the possibilities for the temporary leasing
or transfer of unused or partly-used premium rights,
resulting in ' dead ' quotas, which could otherwise be used
temporarily and to good effect by neighbouring breeders .

In addition, the transfer or leasing of rights via the national
reserve is subject to restrictions under Article 11 of the
Regulation .

Harmonization of notification procedures and deadlines for
' compensatory premiums ' in the sheep-breeding sector and
of supply and demand with regard to the transfer and / or
temporary leasing of rights ( Articles 7 and 9 of the

Regulation ) would make it possible to obtain on objective
assessment with regard to the allocation of these rights .

Will the Commission submit proposals to Parliament with a
view to resolving these problems by making Regulation

( EEC ) No 3567 / 92 more flexible ?

(') OJ No L 362, 11 . 12 . 1992, p . 41 .

Answer given by Mr Fischler
on behalf of the Commission

( 24 October 1995 )

The Commission is aware that under the Community rules
governing premium rights for sheep and goats it is inevitable
that some rights will remain under-used or may not be used
at all . The reason for this is that premium rights are allotted
to farmers on certain terms but without any requirement
that they be used in full, so as to allow for the needs of
managing flocks in accordance with fluctuations in natural
and economic conditions .

The Commission has nevertheless made provision for
unused rights . Save in duly substantiated exceptional cases,
a farmer who fails to use at least 50 % of his rights in two
successive marketing years is obliged to turn over to the
national reserve the portion unused in the last marketing
year . This provision ensures that rights which would
otherwise be ' dead ' can be transferred or temporarily leased
to other producers .

In order to enhance the ability to make use of otherwise
' dead ' rights, however, the Commission recently decided
that from the 1996 marketing year onwards producers will
have to use not less than 70 % of rights each year, with the
unused portion being returned to the national reserve .

The thresholds referred to by the Honourable Member were
adopted for practical reasons, in order to avoid an undue
burden of work falling on the national administrative
authorities as a result of large numbers of applications for
transfers of premium rights involving excessively small
numbers of livestock .

WRITTEN QUESTION P-2763 / 95

by Vassilis Ephremidis ( GUE / NGL )

to the Commission

(3 October 1995 )

( 96 / C 51 / 87 )

Subject : Abolition of the milk quota for Greece

The EU has set the milk quota for Greece at 625 000 tonnes .
This does not match the country 's production capacity,

No C 51 / 46 EN Official Journal of the European Communities 21 . 2 . 96

which is much higher, and leads to Greek stockfarmers to propose any changes to the relevant rules to the

milk Council .

being fined and huge quantities of fresh milk being imported
into Greece . The drastic reduction in producer prices for
milk and the stark rise in production costs combined with
the adverse effects of the GATT agreement are having a
disastrous impact on Greek stockfarmers ' incomes and
standard of living .

Will the Commission abolish this discriminatory quota since
there is an enormous shortage of fresh milk in Greece where
only 60 % of demand is met, or will it at least increase the
quota to match the country 's production capacity ? Will it
also revoke its decisions to fine stockfarmers by imposing
the co-responsibility levy and take measures to support,
modernize and develop this sector instead ?

Answer given by Mr Fischler
on behalf of the Commission

(7 November 1995 )

The reference quantities for each Member State were based
on traditional production levels of cow 's milk . Other
factors, such as national production capacity or the degree
of self-sufficiency were not taken into account . However, it
should be pointed out that sheep - and goat-rearing are of
enormous importance for Greek dairy production : milk
output from these two animals is 70 % higher than that
from cows and is not subject to any production quota .

The special circumstances of the Greek market, including
the difficulties in supplying liquid milk, have been looked at
by the Commission on a number of occasions, and reports
have been sent to the Council ( ! ). For 1995 / 96, the Council
made the increase of 100 000 tonnes in the Greek quota
definitive . This increase had been granted on a provisional
basis since 1993 / 94 . Milk deliveries in Greece have as a

result gone from 549 000 tonnes in 1992 to 562 800 tonnes
in 1993, 601 500 tonnes in 1994 and 633 300 tonnes this
year . It is therefore possible that the increase in milk
production has led to a slight drop in the milk price paid to
producers but this price is still the highest in the
Community . Moreover, the resulting increase in dairy herd
cheese production has been held partly to blame for the
problems in supplying milk for consumption and meant that
the request for an extra quota of 125 000 tonnes was turned
down by the Commission and the Council during talks on
the price package for 1995 / 96 .

As a result, and with reference to the extra levy Greek
producers will have to pay for exceeding the overall quantity
guaranteed for 1994 / 95, the Commission is not in a position

(') COM(95 ) 147 final and COM(94 ) 64 final .

WRITTEN QUESTION P-2764 / 95

by Blaise Aldo ( UPE )

to the Commission

(3 October 1995 )

( 96 / C 51 / 88 )

Subject : Effects of hurricane Luis in the Caribbean

The Commission is doubtless aware of the effects of

hurricane Luis, which devastated Guadeloupe and
Martinique in September, resulting in nine deaths on the
archipelago of Guadeloupe .

According to the prefectural authorities, the entire banana
crop was destroyed in Guadeloupe and Martinique and
between 17 and 30 % of the sugar-cane crop in Guadeloupe .
On St Martin, the hurricane demolished 70 % of homes and
almost as many on St Barthelemy . The marinas and almost
all of the fishing ports in the entire area were totally
destroyed, as was Basse-Terre harbour .

The road network has been severely damaged and the harm
sustained by the environment, which cannot be easily
calculated is, in any case, considerable and should be taken
into account by the Commission .

In view of this, what steps will the Commission take to assist
these regions, which are frequently afflicted by hurricanes
and are, in any case, less developed than their European
counterparts ? Will the Commission take account of these
exceptional circumstances with regard to the common
organization of the market in bananas, so as to avoid further
penalizing the French Antilles and, in particular, its sugar
banana production ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 23 October 1995 )

In a short space of time the Commission put together
Community emergency aid by deciding to afford, as of

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 47

13 September, assistance to the tune of ECU 700 000 to the
victims among the population of Guadeluope . After
hurricane Iris had wreaked damage in Martinique, the
Commission decided to grant emergency aid of ECU
500 000 for the victims . This humanitarian and symbolic
assistance is aimed at providing immediate and tangible
evidence of Community solidarity towards EU citizens
living in one of its remotest regions in the form of emergency
relief in kind or essential requirements . It is not designed for
repairs or compensations for material damage caused to
private or public property .

Pursuant to the Regulation on the common organization of
the market in bananas, producers may make use of the
quota allocated to them by importing from third
countries .

Under Objective 1, the Community has earmarked
Structural Funds assistance to Guadeloupe amounting to
ECU 345 million and to Martinique amounting to ECU 330
million over the period 1994 — 1999 . These amounts have
helped build up infrastructure and modernize farms, in
particular in the banana sector . As for Guadeloupe, the
programme adopted in 1994 is being reviewed to take
account of the damage caused by the two hurricanes .
Measures to prevent the risks inherent in hurricanes

( strengthening equipment, weather forecasts, establishing a
guarantee fund to deal with inclement weather affecting the
banana sector ) may be financed under the Community
REGIS initiative, under which aid amounting to ECU 63,8
million is shortly to be allocated to each of the two
regions .

The Community programme on structural operations in the

Guadeloupe fisheries sector for 1994 — 1999 also provides
for measures relating to fishing port facilities . The priorities
in this area, and for the sector as a whole, may be reviewed in
a partnerschip arrangement with national and regional
authorities in order to make a contribution to an investment

that has been made more urgent in the light of the damage
caused by these exceptional weather conditions .

WRITTEN QUESTION P-2766 / 95

by Ioannis Theonas ( GUE / NGL )

to the Commission

(3 October 1995 )

( 96 / C 51 / 89 )

Subject : Plight of the long-term unemployed in Greece

The plight of the long-term umemployed in Greece, whose
numbers have been increasing very rapidly over the last ten
years, is a particularly serious problem in Greece . They are

not, for the most part, registered as unemployed, because
they are not entitled to unemployment benefit ; nor are they
covered by health care insurance and many of them do not
earn enough to qualify for pension rights . The long-term
unemployed and their families are confronted with the
harsh reality of social isolation after one year 's
unemployment at the latest .

Can the Commission say how many long-term unemployed
there are in Greece ( even as a rough estimate ), whether
co-funding programmes have been submitted to it by Greek
bodies aimed at improving their living conditions, and
above all, ensuring that they receive allowances, medical
care and pension rights and, more generally, what measures
it intends to take to address the acute problems facing this
category of unemployed who have to struggle to survive ?

Answer given by Mr Flynn
on behalf of the Commission

( 22 November 1995 )

Greece was one of only three Member States ( along with
Italy and the Netherlands ) where the proportion of
long-term unemployment increased in the period from 1987
to 1990, even though total unemployment was falling . In the
period from 1990 to 1994, in common with most other
Member States, this share increased again . The data in the
labour force survey are considered to represent an accurate
and comparable measure of both unemployment and
long-term unemployment . This is because they are derived
from household surveys, and are thus independent of
administrative rules relating to registration as unemployed
or to qualification for benefit .

According to Eurostat 's data, long-term unemployment in
Greece reached very high levels in 1994, affecting some
50 % of all unemployed persons . In this category, over 40 %
have been out of work for more than two years .

Within the second Community Support Framework, and
more particularly the operational programme for
continuing training and employment promotion, provision
is made for action to be taken, covered by a total budget of
ECU 141,2 million, aimed exclusively at reintegrating the
long-term unemployed by means of training in new skills .
Moreover, recruitment aid is available for companies which
take on people from this category for a minimum period of
seven months .

It should be borne in mind that, as regards the question of
entitlement to unemployment benefit and the granting of
allowances, Member States are at liberty to organize their
unemployment insurance systems, subject to compliance

No C 51 / 48 EN Official Journal of the European Communities 21 . 2 . 96

with Community law ( in particular, Directive
79 / 7 / EEC ( 1 )), governing equal treatment for men and

women .

(M OJ No L 6, 10 . 1 . 1979 .

should not therefore be judged solely in terms of the number
of Article 171 applications to the Court or rulings that are
made by the Court .

WRITTEN QUESTION E-2768 / 95

by Stanislaw Tillich ( PPE )

WRITTEN QUESTION P-2767 / 95 to the Commission

by Lilli Gyldenkilde ( GUE / NGL )

( 12 October 1995 )

to the Commission ( 96 / C 51 / 91 )

(3 October 1995 )

( 96 / C 51 / 90 )

Subject : Allocation of Synergy programme resources in

1995

Subject : Rulings on the environment

In July 1994 the Commission stated that in view of the
failure to comply in full with the rulings of the Court of
Justice in respect of the environment it felt it necessary to

make systematic use of Article 171 of the Treaty . What
initiatives has the Commission taken in this respect since
July 1994, and when will it take steps to submit cases to the

Can the Commission tell Parliament how much use has been

made of the Synergy programme in 1995 ? Can it also say
which countries / groups of countries have benefited from
this programme ?

Court of Justice for penalty payments in respect of the
environment ? Answer given by Mr Papoutsis

on behalf of the Commission

( 15 November 1995 )

Answer given by Mrs Bjerregaard

on behalf of the Commission

(9 November 1995 )

The Commission invokes Article 171 of the EC Treaty by
way of a step-by-step procedure, involving a letter of formal
notice, a reasoned opinion and an application to the Court
of Justice . Each of these steps involves a Commission
Decision . A penalty can only be imposed by a judgment of
the Court after the Commission has brought the matter
before it .

Since 1994, continued use has been made of Article 171
procedures for environmental cases, but none has yet been
brought before the Court . The Commission will consider
making Court applications and seeking penalties in those
cases where prior procedural steps have been taken and
compliance has not been achieved .

It should be noted that, in practice, Member States will often
comply with the relevant Court judgment following receipt
of an Article 171 letter of formal notice or reasoned opinion
and before the Commission brings the matter before the
Court once more . The success of the Article 171 procedure

By 11 October 1995 a total of ECU 6 550 215 had been
committed under the Synergy programme . On the same date
proposals costing a further ECU 4 412 000 were awaiting
approval or under evalutation .

The breakdown by region is as follows :

( in ECU

Projects

started

Projects
planned

Africa 45 700 —

Latin America 1 139 654 80 000

Asia 909 902 400 000

Commonwealth of Independent
States, central and eastern
Europe Black Sea 2 096 591 2 200 000

Mediterranean rim 1 571 330 1 442 000

General avtivities 787 038 290 000

Total 6 550 215 4 412 000

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 49

WRITTEN QUESTION E-2772 / 95

WRITTEN QUESTION P-2783 / 95

by Anne Mcintosh ( PPE )

Anne Mcintosh ( PPE ) by Honor Funk ( PPE )

to the Commission to the Commission

( 12 October 1995 )

to the Commission

(5 October 1995 )

( 96 / C 51 / 92 ) ( 96 / C 51 / 93 )

Subject : Promotion of the rights of the citizens of the

European Union

While it is understood that the trade in live animals is a legal
one, the Commission must surely recognize that citizens
have rights to go about their business and their daily lives in
a normal way .

The trade in live animals is severely disrupting the lives of the
people of Brightlingsea, passing closely past their front
windows and very close to the school .

What action will the Commission take to protect and
enforce these rights ? Are not these rights enforceable in the
European Court of Justice ?

Answer given by Mr Fischler
on behalf of the Commission

( 14 November 1995 )

The Commission agress that the transport of live animals
from the United Kingdom through the port of Birmingham
to other Member States is a lawful trade if carried out in
accordance with Directive 91 / 628 / EEC on the protection of
animals during transport ( J ), last amended by Directive
95 / 29 / EC ( 2 ).

The Commission does not take the view that the presence of
livestock vehicles on the roads approaching the port should
be inherently more disruptive to the lives of local residents
than the presence of vehicles carrying other products .

The Commission is, of course, aware that some disruption
has been caused by demonstrators opposed to the transport
of animals to other Member States who have apparently, on
occasion, exceeded their legal right of peaceful protest . The
public order aspects of these incidents are primarily matters
to be dealt with by the local police and judicial
authorities .

In the circumstances, the Commission does not believe that
it would have any legal basis for intervening on behalf of the
residents of Brightlingsea .

0 ) OJ No L 340, 11 . 12 . 1991 .

( 2 ) OJ No L 148, 30 . 6 . 1995 .

Subject : Value added tax ( VAT ) and input tax rates on

agricultural products in the various Member States
of the EU

On 13 December 1994 the Commission submitted a

proposal for the amendment of Directive 77 / 3 8 8 / EEC ( 1 ) on
the taxation of agricultural products ( 2 ) and on 12 July 1995
a proposal for a regulation establishing the possibility of
national aid being granted in compensation for losses of
agricultural income caused by monetary movements in
other Member States ( 3 ). The latter proposal provides for
certain Member States to grant national aid for a fixed
period . One means of granting national aid would be to raise
the imput tax lump sum . I would therefore appreciate the
following information from the Commission :

1 . What is the current VAT rate on agricultural products in

the various Member States of the EU ?

2 . In which Member States is input tax, or the imput tax
system, applied ?

3 . To what extent do VAT arrangements and any input tax

arrangements for agricultural products have a direct
impact on farmers ' incomes ?

4 . In the case of which agricultural and horticultural
products do the current VAT arrangements lead to
distortions of the market and competition between two
or more Member States of the EU ?

(!) OJ No L 145, 13 . 6 . 1977, p . 1 .

( 2 ) COM(94 ) 584 — OJ No C 389, 31 . 12 . 1994, p . 14 .

( 3 ) COM(95 ) 343 — OJ No C 252, 28 . 9 . 1995, p . 7 .

No C 51 / 50 EN Official Journal of the European Communities 21 . 2 . 96

Answer given by Mr Monti
on behalf of the Commission

( 22 November 1995 )

1 . According to the information supplied by the Member States the VAT rates presently applied
to agricultural outputs are as follows :

B DK D GR E F IRL . I L NL A P FI S UK

C ) 6

12

20,5

5,5

20,6

25 7

15

8 4

7

12 21 0

0

2,5

12,5

21

4

10

16

3 6 10 5

17

( 2 ) 6 25 7 8 7 5,5 12,5 10 3 6 10 5 12 12 17,5

( 3 ) 20,5 25 15 18 16 20,6 21 16 12 17,5 20

12

5 22 25 17,5

( 4 ) 20,5 25 7 8 7 5,5 21 19 3 6 10 17 " 22 25 17,5

( 5 ) 6

12

25 7 4

8

7 5,5 0 16 3 6 10 5 22 25 0

( 6 ) 20,5 25 15 18 16 20,6 21 19 15 17,5 20 17 22 25 17,5

(') =

( 2 ) =
C ) =

( 4 ) =

( 5 ) =
C ) =

0 =

Foodstuff ( covered by Article 12 ( 3 ) ( a ) and Annex H of the Sixth VAT Directive ( 77 / 388 / EEQ ).
Agricultural inputs ( covered by Article 12 ( 3 ) ( a ) and Annex H of the Sixth VAT Directive ( 77 / 388 / EEC )).
Wine .

Cut flowers and plants for decorative use .
Cut flowers and plants for food production .

Standard rate ( for camparison ).
Zero rate ( exemption with refund of tax paid at preceding stage ).

2 . All Member States, except for Denmark, Sweden and Flat-rate farmers may opt for application of the normal
Finland, apply a flat rate scheme for farmers . The flat-rate VAT scheme .
compensation percentages are fixed by the Member States
on the basis of macro-economic statistics only for flat-rate
farmers . 4 . According to a study prepared for the Commission in
1994 on the changes in cross-border purchasing patterns
following the abolition of fiscal frontiers on 1 January 1993,

3 . The flat-rate scheme can affect the income of flat-rate no major distortions of competition have been ascertained .
farmers in two ways : One key finding concerning agricultural outputs was that

cross-border shopping for foodstuffs actually takes place .

— Member States applying a flat-rate scheme for farmers However and it is, therefore, the study, not concludes due to the that introduction this has always of the existed single

have the option of reducing the flat rate compensation to market provisions . The only problem of distortion of
nil . To the extent that Member States make use of this competition due to VAT differentials in the agricultural and
compensated option, flat-rate for farmers the input are VAT not charge, or are . not fully, horticultural relates to cut sectors flowers, of and which plants the . In Commission this industry is aware cases,

of fraud have been reported . In accordance with

— The flat-rate compensation percentage is meant to offset Article 12.3 ( d ) of the Sixth Directive the Commission has

the input VAT charged to the flat-rate farming sector as tabled a proposal for a Council Directive ( j ) which has
a whole . In general terms, the system of flat-rate recently been discussed in Council and in the Parliament . No

decision has yet been taken .

3 . The flat-rate scheme can affect the income of flat-rate

farmers in two ways :

— Member States applying a flat-rate scheme for farmers

have the option of reducing the flat rate compensation to
nil . To the extent that Member States make use of this

option, flat-rate farmers are not, or are not fully,
compensated for the input VAT charge .

— The flat-rate compensation percentage is meant to offset

the input VAT charged to the flat-rate farming sector as
a whole . In general terms, the system of flat-rate
compensation may not be used by Member States to
grant a reimbursement to flat-rate farmers which is,
globally, higher than the total VAT charged on their
inputs . However on a case by case basis, it may well be
that flat-rate farmers receive compensation which is
lower or higher than the real amount of input VAT
charged to them .

0 ) COM(94 ) 584 .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 51

WRITTEN QUESTION P-2784 / 95

by Susan Waddington ( PSE )

to the Commission

(5 October 1995 )

( 96 / C 51 / 94 )

Subject : EVA programme and the use of chimpanzees for

research

Recent press attention has highlighted the plight of
chimpanzees used in laboratory tests under the EVA

( European Vaccine against Aids ) programme at a research
establishment in the Netherlands ('). Given that the aim of
the Fifth Environmental Action Programme is to reduce the
use of animals in experimentation by 50% by the year
2000, and conflicting scientific evidence that the use of
chimpanzees for this type of research is beneficial, what
steps did the Commission take to utilize and develop
substitute methods, such as computer-aided simulation
models, before initiating the use of chimpanzees ?

Following the alleged mistreatment of chimpanzees by the
establishment concerned, will the Commission guarantee
that these allegations will be thoroughtly investigated, and
that if proven will withdraw funding from this particular
project and ensure that such an incident is not allowed to
recur ?

(') The Sunday Times, 6 . 8 . 1995 .

The Rijswijk Research Centre in the Netherlands referred to
in the article and mentioned by the Honourable Member is
involved in a research project on the development of
vaccines and Aids treatment as part of the Biomed

programme .

Like all of the projects in the programme this project was
assessed by independent experts during the research-project
selection stage in terms of both their scientific and ethical
aspects, of the justification for using animal experiments,
and of animal welfare .

An annual assessment would allow the progress made by the
research to be monitored, together with the conditions
under which animal experiments are carried out, and thus to
check whether the allegations of cruel treatment are
justified . Continued funding depends on the result of that
annual assessment .

WRITTEN QUESTION E-2791 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 16 October 1995 )

( 96 / C 51 / 95

Subject : Decision by the management committee for

cotton

The decisions taken by the European Union 's management
committee for cotton will have devastating consequences
for Greek producers .
Answer given by Mrs Cresson

on behalf of the Commission

( 14 November 1995 )

The Fourth Framework Programme for research and
technological development specifically mentions the
importance of developing alternative methods to replace
animal experiments . The specific research programmes
known as Biomed and Biotech have all included that

aim in their work schedule such as, in the field of
pharmacotoxicology, the development of in vitro methods
using families of cells in cooperation with the European
Centre for the Validation of Alternative Methods

( ECVAM ). The search for alternative methods is, moreover,
one of the JRC, Ispra priorities .

Where the use of animal experiments is inevitable the
research must be carried out under conditions such that the

maximum amount of useful information may be obtained
from the minimum number of animals and that the rearing
and keeping conditions are compatible with the needs of the
animals . As regards primates, the network receiving
Community financial support ( European Primate Resources
Network and Primate Vaccine Evaluation Network ) are
intended to improve the coordination between the primate
research centres in order to achieve these aims .

Will the Commission say :

1 . Why has the quota been fixed at 1 031 000 tonnes,

whereas a quota of 1 120 000 tonnes had previously

been mooted, with the result that the co-responsibility
levy has increased to Drs 66 ?

2 . Why has the minimum production price been fixed at

Drs 244, i.e. Drs 10 lower than last years price ?

3 . Why has the advance payment been reduced from 40 %

to 27,5% of the target price ?

4 . Does the Commission intend, after this comprehensive
attack on cotton producers, to re-examine and revise the
decisions taken by the management committee for
cotton, taking into account the just demands of cotton
producers ?

Answer given by Mr Fischler
on behalf of the Commission

( 10 November 1995 )

In accordance with the Council Decisions reforming the
system of aid, the Commission set the advance aid payable

No C 51 / 52 EN Official Journal of the European Communities 21 . 2 . 96

for cotton in the light of production estimates and the
foreseeable amount of aid . Nevertheless, the advance
payment may never exceed 40 % of the guide price, i.e. a
maximum of ECU 42,5 per 100 kg .

Applying these criteria means that the maximum advance of
ECU 42,50 per 100 kg may not be granted for the 1995 / 96
season in Greece . Production there is such that an advance in

excess of ECU 29,21 per 100 kg would be very close to the
actual aid that would be payable there if the rise in the world
price continues or accelerates and the production estimate is
exceeded by a large amount — as has regularly been the case
in the past .

The Commission therefore considers that the decisions on

advance payments comply fully with the letter and spirit of
the recent changes to the system of aid made by the Council .
The new rules should also make the system more effective
from the producers ' point of view .

WRITTEN QUESTION E-2798 / 95

WRITTEN QUESTION E-2807 / 95

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

( 16 October 1995 )

( 96 / C 51 / 97 )

Subject : Methods for measuring unemployment

In its reply to questions E-1948 / 95 and E-1949 / 95 ( ] ), the
Commission states that it does not plan any further
initiatives in this area ( to harmonize the methods used for
measuring unemployment ).

If no measures are taken to make some advances in this

regard, how can a homogenous approach be adopted to
evaluate the recommendations, actions and results of the
European Union in the fight against unemployment ?

(') OJ No C 300, 13 . 11 . 1995, p . 31 .

by Imelda Read ( PSE ) Answer given by Mr Papoutsis

on behalf of the Commission
to the Commission

(8 December 1995 )
( 16 October 1995 )

( 96 / C 51 / 96 )

Subject : Space and advertising

Has the Commission any plans to control advertising on
space probes ? The recent proposals for the Maxus space
probe to be launched from Sweden give grave cause for
concern ?

In its answer to Written Questions E-1948 / 95 and
E-1949 / 95, the Commission explained that it had no plans
for initiatives aimed at harmonizing the unemployment
rates used by the Member States, since the Member States
were responsible for choosing these indicators, in keeping
with the principle of subsidiarity .

On the other hand, the Commission makes every effort to
harmonize the unemployment rates it compiles on the basis
of the result of the Community labour force surcey . This
survey is published each month and is used for the
Answer given by Mr Monti management and assessment of Community actions .
on behalf of the Commission

( 29 October 1995 )

The Commission has no plans to control advertising on
space probes . It considers that advertisements on space
probes would fall under the jurisdiction of the Member State
where the rocket is to be launched since the advertisement

would clearly be targeted at and seen by spectators at the
launch site or watching televised coverage of the launch .

In the particular example cited by the Honourable Member,
since the launch site is in Sweden, it would be for the
Swedish authorities to decide whether the advertisement on
the space rockets met that Member State 's national
advertising Regulations .

WRITTEN QUESTION E-2823 / 95

by Giis de Vries ( ELDR )

to the Commission

( 16 October 1995 )

( 96 / C 51 / 98 )

Subject : Infringement of European legislation on public

works tendering

According to NRC Handelsblad ( 18 September 1995 ) the
city of Rotterdam has knowingly failed to comply with

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 53

European legislation on public works tendering by
awarding a contract to replace a computerized system worth
almost Fl 5 million ( more than 10 times the threshold value
in the EU 's rules ).

WRITTEN QUESTION E-2847 / 95

by Johanna Maij-Weggen ( PPE )

to the Commission

( 18 October 1995 )

1 . Is this information correct ? ( 96 / C 51 / 99 )

2 . Has the Commission decided to institute the Article 169

procedure against the city of Rotterdam ?
Subject : Forthcoming elections on 12 November 1995 in

Guatemala

Answer given by Mr Monti
on behalf of the Commission

Elections are due to be held in Guatemala on 12 November

of the Commission 1 995 . The recent murder of Manuel Saquie, chairman of the

Ecclesiastical Human Rights Committee, has caused great
(4 December 1995 ) public disquiet and given rise to fears of further intimidation
when the elections are held .

Council Directive 93 / 36 / EEC of 14 June 1993 coordinating
procedures for the award of public supply contracts applies
to contracts with an estimated value net of VAT of not less

than ECU 200 000 . Under Article 9 ( 2 ), such contracts must
be awarded by an award procedure after being put out to
tender by publication of a contract notice in the Official
Journal of the European Communities . In general, the open

or restricted procedure must be used, and the negotiated
procedure may be used only in circumstances that are
strictly defined by the Directive .

By decision of 31 August 1995, acting on a proposal from
the mayor and his deputies dated 22 August 1995,
Rotterdam city council earmarked Fl 4 843 350 ( ECU
2 152 384 ) for the purchase of computer equipment for its
social affairs and employment department . This proposal
shows that the Council had started negotiations and had
concluded a prior agreement with a supplier, ' L&T '. It also
reveals that the Council regarded the supply of this
equipment as urgent in view of the entry into force on

1 January 1996 of a new law on social assistance, which
necessitated changes to its computer system .

The Commission 's position is that the urgency of the matter
cannot justify recourse to the negotiated procedure without
prior publication of a contract notice unless the conditions
for using the procedure are met . The procedure can be used
only where it results from unforeseeable events for the
awarding authority . The entry into force of a new law,
which was known in advance, does not fall into that

category .

Accordingly, the City of Rotterdam should have awarded
the contract for the supply of computer equipment using the
open or restricted procedure after publishing a contract
notice . In the absence of such a procedure, the contract was
awarded in breach of Directive 93 / 36 / EEC and, accordingly,
the Commission will certainly institute proceedings under
Article 169 of the ( EC ) Treaty .

Various NGOs accordingly wish international observers to
be sent .

Is the Commission prepared to consider this request and,
together with the Member States, ensure that the elections
are monitored by a suitable team of observers ?

Answer given by Mr Marin
on behalf of the Commission

( 20 November 1995 )

The Commission is perfectly aware of the importance to
Guatemala of the elections of 12 November and therefore

believes it most desirable that international observers be sent

to see that they are properly conducted .

With this in mind, a decision has been taken to send a
delegation of Community observers drawn from the
Member States ( members of national parliaments, experts,
members of NGOs etc .), Parliament and the
Commission .

The Commission and the Member States ' ambassadors to

Guatemala will provide the Community delegation with
logistical support and guarantee coordination with the
international observer mission organized by the
Organization of American States .

National NGOs interested in taking part in the mission
should contact their national authorities .

No C 51 / 54 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION P-2854 / 95

by Nikitas Kaklamanis ( UPE )

to the Commission

( 11 October 1 995 )

( 96 / C 51 / 100 )

nuclear accidents ( two have already taken place and the
third is scheduled for December 1995 ). This training is also
for Bulgarian nationals .

Subject : Kozloduy WRITTEN QUESTION E-2860 / 95

by Joaquín Sisó Cruellas ( PPE )

In the light of Commissioner Van den Broek 's letter to the
Bulgarian Government expressing his concern at the
renewed operation of unit 1 at Kozloduy without the
requisite safeguards, can the Commission confirm that the
money so far provided for the modernization of the nuclear
plant has been wasted on other activities for which it was
not intended ?

Is it true that, instead of closing down the plant by the year
2000, the Bulgarian Government has decided to keep it in
operation until 2020 ?

In the event of an accident such as occurred at Chernobyl,
what precautions will the EU take to protect Greece, a
Member State sharing a border with Bulgaria ?

Answer given by Mr Van den Broek

on behalf of the Commission

(5 December 1995 )

In compliance with the G7 mandate, Phare funds granted to
Bulgaria to improve safety at the Kozloduy nuclear power
station have been used to :

— make the plant safer, both operationally and through

changes to the design, notably by means of studies to
assess the state of the plant and identify the changes
required ;

— purchase certain equipment needed for safety ;

— assist the Bulgarian authorities responsible for nuclear

safety through the transfer of safety technology,
methods and ' culture '.

The Commission has contacted the Bulgarian authorities to
protest against the restarting of Unit I before the tests
considered necessary by European experts have been carried
out and to insist that the unit be shut down to permit these
tests to be carried out .

The Commission has backed three training courses in
Greece on off-site emergency measures in the event of

to the Commission

( 21 October 1995 )

( 96 / C 51 / 101 )

Subject : Urban initiative in Spain

During the period 1994 — 1999 Spain will receive around
26 400 million pesetas from the Structural Funds to
co-finance 17 projects targeting social and economic
problems in depressed districts and urban areas of Cadiz,
Malaga, Huelva, Seville, Badajoz, Cartagena, Valencia,
Toledo, Valladolid, Salamanca, Langreo, La Coruna, Vigo,
Sabadell, Badalona, Baracaldo and Madrid . The approved
projects contain plans aimed at boosting economic and
social revival, renovating buildings and making
environmental and structural improvements, and the total
investment envisaged in the programme amounts to around
Pta 40 430 million .

Can the Commission provide a list of the projects submitted
by Spain with a view to benefiting from the Urban initiative
and a description of the 17 specific projects which were
finally approved ?

What criteria did the Commission take into account when

approving the 17 projects ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 28 November 1995 )

The Commission has not received from the Spanish
authorities any project other than those relating to the 17
cities and towns mentioned by the Honourable Member .

The criteria considered by the Commission for adoption of
the Spanish Urban Operational Programme are those set out
in the notice to the Member States laying down guidelines
for operational programmes which Member States are
invited to establish as part of the Community initiative
concerning urban areas ( Urban ) ( ! ).

( 1 ) OJ No C 180, 1 . 7 . 1994 .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 55

WRITTEN QUESTION E-2865 / 95

by Cristiana Muscardini ( NI )

to the Commission

( 21 October 1995 )

( 961 C 51 / 102 ) '

Subject : Rheumatic diseases

Because they are so widespread and entail direct and indirect
costs, rheumatic diseases constitute one of the most
important but probably least-known and most ignored
medico-social problems .

At present there are acknowledged to be more than 120
rheumatic diseases . Exact knowledge of all the forms they
take is essential not only from a purely theoretical point of
view but also because of their immense clinical importance .
From studies carried out it is possible to estimate the annual
cost of rheumatic diseases : some 16 thousand billion lire in

Italy alone in 1991 . Then there are the indirect costs ; in the
USA for instance they are far higher than the direct costs ( $9
billion compared to $4 billion ).

In view of this situation, will the Commission take steps

to :

1 . systematically monitor the various rheumatic diseases at
Community level ;

2 . draw up a programme for the reintegration of sufferers
into the production network in order to reduce the
highest items of expenditure ;

3 . ensure that those suffering from rheumatic diseases are

recognized as being in the potentially handicapped
category ?

Answer given by Mr Flynn
on behalf of the Commission

Musculoskeletal system diseases, however, have not been
retained as a priority in the Commission communication on
the framework for action in the field of public health (')
which sets out the areas of action by the Community for the
medium term against a background of scarce financial
resources available in the field of public health .

However, since they are associated with certain health
determinants such as nutrition, physical exercise, and the
living and working environment, they may be the object of
activities undertaken in the context of the future programme
on health promotion, information, education and
training ( 2 ).

Moreover, data related to such diseases may well
feature in the future Community programme on health
monitoring ( 3 ). This programme is pertinent to the three
initiatives mentioned in the question .

Under the Biomedical and health research programme —
Biomed I — ( 1990 — 1994 ), area 115 ' the ageing process and
age-related health problems and handicaps ', a project on
immunotherapy of chronic arthritis : experimental basis is
supported . Furthermore the field of rheumatic diseases
is explicitely covered by the Biomed 2 Programme

( 1994 — 1998 ), under area 4.4 ' Chronic diseases, ageing and
age-related diseases '. Several European networks of
researchers in this field will therefore be supported by this

programme .

(•) COM(93 ) 559 .

( 2 ) OJ No C 216, 21 . 8 . 1995 .
( 3 ) COM(95 ) 449 final .

WRITTEN QUESTION E-2866 / 95

by Gijs de Vries ( ELDR )

to the Commission

( 12 December 1995 ) ( 21 October 1995 )

( 96 / C 51 / 103 )

The Commission is well aware of the importance of
rheumatism, arthritis and other diseases of the
musculoskeletal system, including the diffuse connective
tissue diseases, which can give rise to great problems for the
individuals affected, health services and society as a
whole .

Indeed these conditions comprise the most common cause
of disability in the adult population, and are the leading
cause of mobility-limitation and the second cause of
activity-limitation among adults aged 18 and above . These
diseases require the allocation of considerable resources,
both in terms of personnel and funds .

Subject : Delays in dealing with a complaint

On 1 September 1 994 1 put a question to the Commission on
the treatment of a Netherlands national by the British tax
authorities ( question E-1680 / 94 ( ] )). On 13 October 1994
the Commission replied that it had registered the
information appended to the question as a complaint
pursuant to Article 169 of the EC Treaty . To date the

Commission has not informed either the EU citizen
concerned — Mrs B. Crutch-van der Linden — or . myself in
any way of the progress of the proceedings .

No C 51 / 56 EN Official Journal of the European Communities 21 . 2 . 96

What steps has the Commission taken in dealing with this
complaint, and when ?

What steps will the Commission take to ensure that priority
is given in future to action in response to parliamentary
questions ?

(') OJ No C 30, 6 . 2 . 1995, p . 5 .

Answer given by Mr Santer
on behalf of the Commission

( 29 November 1995 )

After registering the information appended to the
Honourable Member 's previous question as a complaint,
the Commission had various dealings with the British
authorities, who dispute the fact that the provisions of the
Treaty apply to the tax treatment of the British pension of
the complainant, who was residing in Japan . Before the end
of the year, the Commission will adopt a position on the
complaint and decide whether or not to commence
proceedings under Article 169 of the EC Treaty .

The previous question had given rise to the registration of a
complaint and since the Commission had informed the
Honourable Member to this effect, it is difficult to see what
further action the Commission could have taken on

Question No 1680 / 94 . The Commission issues full and
reliable answers to parliamentary questions as rapidly as
possible . According to Parliament 's own figures, the average
time taken by the Commission to answer Written Questions
in the first nine months of 1995 was four weeks and four

days for priority questions and six weeks and three days for
other questions .

Answer given by Mr Kinnock

on behalf of the Commission

( 20 November 1995 )

The Commission has launched a study on the application of
summertime, in particular its economic and non-economic
benefits, in line with the undertaking given on the adoption
of Directive 94 / 2 1 / EC of the European Parliament and the
Council of 30 May 1994 on summer arrangements ( J ). The
findings of this study should be available by the beginning of
January 1996 . These findings together with the conclusions

of the hearing on 25 September 1995 of the sectors and
organizations affected by summertime will be included in
the report which the Commission has undertaken to submit
to Parliament and the Council by 1 January 1996 .

(>) OJ No L 164, 30 . 6 . 1994 .

WRITTEN QUESTION E-2893 / 95

by Inigo Méndez de Vigo ( PPE )

to the Commission

( 31 October 1995 )

( 96 / C 51 / 105 )

Subject : Complaint against Japan

The Commission recently addressed a formal complaint to
the Japanese Ministry of Foreign Affairs, in protest against
discriminatory practices suffered by European ships in
Japanese ports .

Could the Commission give further information on the
nature of these practices and say whether it has received a
reply from the Japanese Government ?

Answer given by Mr Kinnock

on behalf of the Commission
WRITTEN QUESTION E-2871 / 95

by Winifred Ewing ( ARE )

to the Commission

( 21 October 1995 )

( 96 / C 51 / 104

Subject : Study on effects of summertime

As the time of the adoption of the seventh Directive on
summertime arrangements, the Commission gave an
undertaking to both Parliament and the Council to produce
a study on the implementation of the summertime
arrangements, which is due out this year .

Will the Commission be publishing the results of this study
shortly ?

( 23 November 1995 )

On 14 September 1995, the Commission presented, on
behalf of the Community and its Member States, a note
verbale to the Japanese Ministry of foreign affairs regarding
problems in Japan 's ports . These problems are caused
by requirements of the Japan harbour transportation
association (a body operating under the guidance of the
Japanese Government ), relating in particular to fees charged

for weighing and measuring containers on export, and to
prior consultation for any changes in the services of shipping
companies serving Japanese ports .

The Commission stated that it considered that these

requirements represented obstacles to trade which may be
incompatible with GATT and that they were also relevant to
the GATS objective of preventing unnecessary barriers to
trade in services . These requirements furthermore appeared

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 57

to be contrary to Japanese competition law . The
Commission asked the Japanese authorities to take
measures to rectify the situation . It reserved the right to
pursue the issue further in the World Trade Organization or
otherwise .

The Commission has not so far received a response from the
Japanese Government regarding this demarche . The issue
will be pursued on the occasion of further bilateral

contacts .

WRITTEN QUESTION E-2896 / 95

by Bartho Pronk ( PPE )

to the Commission

( 26 October 1995 )

The list of organizations which the Commission considers as
currently complying with the criteria set out in paragraph 24
has already been made public ( Annex 2 to the
abovementioned communication ).

The Commission has already indicated its willingness
to review these criteria during preparation of the
communications envisaged by the medium-term social
action programme ( 1995 — 1997 ) ( 2 ), and in particular the
criterion concerning the development of the social dialogue

( 9.1.1 ).

3 . The Commission confirms its willingness, already
announced during the discussion of the reports presented by
Mrs Reding, to negotiate an interinstitutional agreement
with the Parliament and the Council on the application of
the Agreement on Social Policy .

0 ) COM(93 ) 600 final, paragraph 24 .
( 96 / C 51 / 106 ) ( 2 ) Social Europe, No 1 / 95, Office for Official Publications of the

Subject : Social dialogue with small and medium-sized

enterprises : supplementary question

On 19 September 1995 Commissioner Flynn answered my
question E-20 19 / 95 (*) on behalf of the Commission . The
Commission rightly says that there is no ' formal system
for recognizing the representatives of social partner
organizations '. The Commission also states that its
obligations only extend to promoting consultation of
management and labour at Community level and facilitating
dialogue between them, pursuant to Article 3 ( 1 ) of the
Agreement on Social Policy .

1 . What interpretation should be given in this context to

European Communities, Luxembourg 1995 .

WRITTEN QUESTION E-2897 / 95

by Christian Rovsing ( PPE )

to the Commission

( 26 January 1995 )

( 96 / C 51 / 107 )

Subject : Incorrect statistical data

Article 3 ( 2 )? It obliges the Commission to ' consult
management and labour ', which implies a need for
criteria for recognizing representatives, as otherwise the
Commission would not know whom to consult .

Commission officials responsible for the periodic reports on

criteria for recognizing representatives, as otherwise the State aid in the Community admitted in the Danish
Commission would not know whom to consult .

newspaper B0rsen of 21 September 1995 that the figures in

2 . Is the Commission therefore prepared to draw up the latest annual report on State aid to for instance the
criteria, as soon as possible, for application of shipbuilding industry could be misunderstood and were
Article 3 ( 2 )? vitiated by errors that would have to be corrected in the

annual report to be published in 1996 . Does the

3 . Is the Commission prepared to do this in the form of an Commission consider it acceptable to have to wait a whole
interinstitutional agreement, in accordance with year to obtain correct data on a matter that is of such vital
commitments made by Commissioner Flynn at the time importance to many Member States, and how will it ensure
of adoption of the Reding report ? that the statistical data it records and publishes ( whether

communicated by the Member States or compiled by itself )
(!) OJ No C 300, 13 . 11 . 1995, p . 36 . are precise and reliable enough for a political stance to be
taken immediately ?

2 . Is the Commission therefore prepared to draw up
criteria, as soon as possible, for application of
Article 3 ( 2 )?

3 . Is the Commission prepared to do this in the form of an
interinstitutional agreement, in accordance with
commitments made by Commissioner Flynn at the time
of adoption of the Reding report ?

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

(7 December 1995 ) on behalf of the Commission

( 24 November 1995 )
1 . and 2 . In order to implement Article 3 ( 2 ) and ( 3 ) of
the Agreement on Social Policy, the Commission established
criteria enabling it to identify the social partners whom it The Commission has taken cognizance of the discussion in
needed to consult before presenting proposals in the field of the Danish press on State aid and, in particular, aid to
social policy ( Commission communication to the Council shipbuilding in Denmark, which has compared aid intensity
and the European Parliament concerning the application of figures expressed in terms of the ratio aid-to-value added in
the Agreement on Social Policy ) ('). the shipbuilding sector, with the strict limits imposed by the

No C 51 / 58 EN Official Journal of the European Communities 21 . 2 . 96

seventh Directive for shipbuilding for aid ( ), as modified by
Directive 94 / 73 / EC ( 2 ), linked to shipbuilding contracts .

The aid data used by the Commission are provided and
checked by the Member States concerned . Figures on value
added in the shipbuilding sector are provided by
Eurostat .

The fourth report presents the abovementioned intensity
and moreover explains that it should not be compared with
limits imposed by the Directive .

Furthermore, the health and safety of workers employed in
public and private swimming pools are covered by Directive

89 / 391 / EEC ( 3 ) and its individual Directives .

The Commission is not considering any further action in this
field .

(!) OJ No L 40, 11 . 2 . 1989 .

( 2 ) OJ No C 62, 28 . 2 . 1994 .

( 3 ) OJ No L 183, 29 . 6 . 1989 .

The Commission will reflect how the chapter on aid to
shipbuilding may be redrafted for the next survey on State
aid to emphasize the above point .

WRITTEN QUESTION E-2919 / 95
( 1 ) OJ No L 380, 31 . 12 . 1990 . by Undine-Uta Bloch von Blottnitz ( V )

( 2 ) OJ No L 351, 31 . 12 . 1994 . to the Commission

( 26 October 1995 )

( 96 / C 51 / 109 )

WRITTEN QUESTION E-2905 / 95

by Peter Crampton ( PSE )

to the Commission

( 26 October 1995 )

( 96 / C 51 / 108 )

Subject : Harmonization of safety standards at swimming

pools

Does the Commission have any plans to introduce common
safety standards in public and private swimming pools in the
EU ?

Answer given by Mrs Bonino

on behalf of the Commission

(7 December 1995 )

Swimming pools are construction works and as such are
covered by Council Directive 89 / 106 / EEC of 21 December

1988 on the approximation of the laws, regulations and
administrative provisions of the Member States relating to
construction products ( 1 ).

Products used in the construction of swimming pools must
be such that the requirements of safety, use, hygiene, health
protection and environmental protection are fulfilled .
The communication of the Commission with regard
to the interpretative documents of Council Directive
89 / 106 / EEC ( 2 ) specifies what these essential requirements

are .

Effective implementation of this Directive depends on the
adoption of standards, and these are now being drawn up .
According to the Directive, pending the adoption of such
standards it is the responsibility of the Member States to
take all necessary measures to ensure that swimming pools
satisfy the above essential requirements .

Subject : Garching research reactor — highly enriched

uranium

400 kg of highly enriched uranium ( HEU ) are said to be
available as fuel for the German Garching research reactor .
An offer to that effect is said to have been made by the
Euratom Supply Agency .

1 . Has the Euratom Supply Agency in fact made such an

offer ? If so, when was the offer submitted and what are

its terms ?

2 . If the supply agency has made such an offer, from what
stocks has the HEU to be used in Garching been
drawn ?

3 . What is the Commission 's opinion on the American

position no longer to authorize highly enriched uranium
for use in research reactors ?

4 . What position does the Commission take on the

possibility of using HEU from stocks belonging to
the former Soviet Union in European research
establishments, and have talks aimed at securing such an
arrangement already been held ?

Answer given by Mr Papoutsis

on behalf of the Commission

(4 December 1995 )

1 and 2 . Under Article 52 of the Treaty establishing the
European Atomic Energy Community ( Euratom ), the
Euratom Supply Agency has an exclusive right to conclude
contracts relating to the supply of ores, source materials
and special fissile materials from within or outside the
Community .

The operators negotiate their own supply contracts and
submit them before conclusion to the Agency, which checks

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 59

that they comply with the Euratom Treaty, secondary
legislation or other relevant provisions .

The Agency has not made an offer of supplies to the
Garching reactor .

3 . The Commission is in favour of the use of slightly
enriched uranium in research reactors . However, at present
for technical reasons certain reactors can only operate with
highly enriched uranium . It should be noted that in the
United States several research reactors also use highly
enriched uranium .

4 . At present the countries of the former Soviet Union
may be regarded as reliable sources of nuclear fuel . They
could therefore be considered as a possible source of supply
for the Garching reactor .

WRITTEN QUESTION P-2931 / 95

by Caroline Jackson ( PPE )

to the Commission

( 21 October 1995 )

( 96 / C 51 / 110 )

Subject : Contraventions of the birds Directive on Chios

BBC ' Wildlife Magazine ' reported in October 1995 that
' around five million migrating birds are caught or
slaughtered every year ' on the south-east coast of Chios .
Apparently in 1992 the Greek authorities told the
Commission that the birds Directive was being strictly
applied, but the Commission began infringement
proceedings against Greece .

What has happened to this case ? Why is the Commission not

acting more expeditiously ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 November 1995 )

In addition, the Commission has recently received a
complaint concerning the incidents taking place on the
island of Chios and will contact the Hellenic authorities on

this matter .

(M OJ No L 103, 25 . 4 . 1979 .

WRITTEN QUESTION E-2932 / 95

by Mary Banotti ( PPE )

to the Commission

( 27 October 1995 )

( 96 / C 51 / 111 )

Subject : Tomato and horticulture producers

Is the Commission aware of the considerable difficulties

being encountered by northern producers of tomatoes
and horticulture because of national aid to tomato and

horticultural production in Spain ?

What particular or extra subsidies are available to tomato
and horticulture producers in the southern Member
States ?

Answer given by Mr Fischler
on behalf of the Commission

( 28 November 1995 )

The Commission is not aware of any national aid under
Articles 92 — 93 of the EC Treaty to tomato and horticulture
production in Spain or other southern Member States .

In conformity with Regulation ( EEC ) No 2328 / 91 (*), the
Commission co-finances aid for investments on farms .

These aids are not linked to a particular production and are
applicable on a common basis in all Member States .

In the past the Commission did bring an action against The Commission in the context of operational programmes
Greece, whose legislation concerning hunting did not for Objective 1 areas has refused the Spanish request to
comply with the relevant Community law by authorizing the co-finance a programme for restructuring the tomato sector
hunting of certain protected species under Directive in Spain .
79 / 409 / EEC ( ! ) without meeting the conditions attached to
exemption by the Directive . (') OJ No L 218, 6 . 8 . 1991 .

Greece then changed its laws in line with the Directive, thus
causing the Commission to shelve the action in question .

No C 51 / 60 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-2935 / 95

by Bernie Malone ( PSE )

WRITTEN QUESTION E-2947 / 95

by Christine Crawley ( PSE )

to the Commission to the Commission

( 27 October 1995 )

( 96 / C 51 / 112 )

(9 November 1995 )

( 96 / C 51 / 113 )

Subject : Female infanticide in the Bihar region of India

Subject : Sarah Balabagan

In light of recent reports in the British media regarding the
murder of baby girls by midwives for fees of as little as
50 rupees ( £1 ) in the Bihar region of India, and given the
investigations carried out by Adithi (a Unicef-funded
organization ) indicating that over 85 midwives are carrying
out this practice, could the Commission indicate if this
region is benefiting from any European Union funds and
would it agree that the reports are shocking and deserve
close scrutiny and immediate action on behalf of the
European Union to ensure such practices are
discontinued ?

Answer given by Mr Marin
on behalf of the Commission

( 20 November 1995 )

The reports in the media on inhuman practices in India
against girl children are indeed extremely serious and have
to be seen separately from justified attempts to promote
family planning and child spacing .

The Government of India played a very positive role in the
fourth world conference on women which took place
in Beijing from the 4 — 15 September 1995 . The final
declaration of Beijing confirms the readiness of governments
to ' take all possible actions to eliminate all types of
discrimination against women and girl children '. Referring
to the abovementioned reports, the Commission has
requested the government of India for details on precise
actions which it is undertaking to stop such practices .

Bihar is with 174 000 square kilometres the ninth largest
State in India in area, and with over 86 million people the
second largest in population . Bihar is one of the
least-developed States with a literacy rate of only 39 % . The
Community financed a rural storage project in 1986 for
ECU 21 million, to help poor farmers in agricultural
production and marketing . The backward rural districts
benefit both from the Community funded primary
education programme ( ECU 150 million ) with special
attention given to education of girls, as well as from
non-governmental organization co-financed projects .

Is the Commission aware that a 15-year-old Filipino
domestic worker, Sarah Balabagan has recently been
sentenced to be executed by a United Arab Emirates Court
for killing her employer after he had brutally raped her ?
In a previous trial, a UAE court had awarded Sarah
compensation for the rape but had also sentenced her to
seven years in prison for manslaughter : the second court 's
death sentence is thus a reversal of the rape evidence of the
first trial . What action can the Commission take to stop the
UAE from carrying out this inhumane sentence ?

Answer given by Mr Marin
on behalf of the Commission

( 20 November 1995 )

The Commission has been following closely the case of the
Filipino citizen Sarah Balabagan in the United Arab
Emirates ( UAE ).

As the Honourable Member is aware, on 30 October 1995 a
UAE appeal court sentenced her to one year in jail,
deportation after payment of US $ 41 000 and to 100 lashes .
This sentence revokes the previous ruling issued on October

1995, in which she was sentenced to death after being found
guilty of pre-meditated murder .

The Commission hopes that the appeals for mercy from
Sarah Balabagan, her family, the family of the victim and the
government of the Philippines will spare her a further year
in prison and the corporal punishment of 100 lashes .
The Commission finds that corporal punishment is
unacceptable, in particular on a 16-year-old girl, and hopes
it will not be carried out .

21 . 2 . 96 H EN Official Journal of the European Communities No C 51 / 61

QUESTION E-2952 / 95 Does the Commission intend to involve specialized

to the Commission Kreissl-Dörfler ( V ) womens non-governmental ' lobby, in organizations the decision making, such as process the European ?

WRITTEN QUESTION E-2952 / 95

by Wolfgang Kreissl-Dörfler ( V )

(9 November 1995 )

( 96 / C 51 / 114 )

Answer given by Mr Flynn
on behalf of the Commission

Subject : EU support for industrial projects in China (7 December 1995 )

In his reply of 2 October 1995 to my earlier question on this
subject ( E-237 6 / 95 (*)), Sir Leon Brittan omitted —
inadvertently, I am sure — to answer my question about
which European firms were promoting or partnering these
projects . I should be grateful if you would remedy the
omission .

0 ) See page 13 of this Official Journal .

Answer given by Sir Leon Brittan

on behalf of the Commission

( 28 November 1995 )

The principal information relating to firms participating in
industrial development projects in China is contained in a
report drawn up annually and sent to Parliament pursuant
to Article 9 of Council Regulation ( EEC ) No 319 / 92 ( J ).

(M OJ No L 35, 12 . 2 . 1992 .

WRITTEN QUESTION E-2961 / 95

by Martina Gredler ( ELDR )

to the Commission

(9 November 1995 )

The Commission has always adopted a very favourable
attitude towards positive action for women and it had
thought that Article 2(4 ) of Directive 76 / 207 / EEC (*) aimed
to give Member States a wide margin of manoeuvre as
regards the action they chose to take, going beyond strict
legal equality of treatment, in order to achieve real equality
in practice .

Therefore, its view expressed before the Court of Justice
when the Kalanke case was discussed, was that a Member
State or region was entitled to operate a positive action
system in order to achieve the objective of promoting
women 's participation in particular grades or sectors and
especially in higher-level jobs .

While agreeing that existing legal norms are insufficient to
eliminate all forms of inequality in practice if other actions
are not undertaken, the Court has clearly condemned the
principle of automaticity applied by the Land of Bremen as
incompatible with Article 2(4 ) of Directive 76 / 207 / EEC .

As a result the Commission is exploring the possible ways of
clarifying the norms applying to positive action schemes,
including quotas, in the light of the Court 's judgment in the
Kalanke case .

The non-governmental organizations active in the field of
equal opportunities will be able to express their views on the
subject within the framework of the advisory committee in
which they participate as observers .

( 96 / C 51 / 115 ) (!) OJ No L 39, 14 . 2 . 1976 .

Subject : Decision by European Court of Justice necessitates

review of equal treatment Directive

The European Court of Justice has ruled that the
introduction of quotas to promote the recruitment of
women constitutes a violation of the equal treatment
Directive currently in force . After Commissioner Flynn 's
initial adverse reaction to this judgment, the following
questions arise :

When will the Commission introduce a review of the equal
treatment Directive ?

Does it intend to amend the Directive so as to allow a

' positive discrimination ' in favour of women ?

WRITTEN QUESTION E-2975 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

(9 November 1995 )

( 96 / C 51 / 116 )

Subject : The Aral Sea

In the Uzbek city of Nukus recently the Presidents of the
Republics of Kazakhstan, Kyrgyzstan, Tajikistan and

No C 51 / 62 EN Official Journal of the European Communities 21 . 2 . 96

Uzbekistan signed a declaration on the Aral Sea which, as is
well known, has deteriorated to a serious extent . The
declaration is also concerned with sustainable development
in the basin around this inland sea, which has more than
30 million inhabitants .

The meeting was held under the auspices of the United
Nations, to which participants expressed their gratitude .
Can the Commission say how much aid, and of what kind, it
grants to improve the ecological, economic and social
conditions of this region in central Asia ?

Answer given by Mr Van den Broek

on behalf of the Commission

(5 December 1995 )

In order to overcome the difficult situation in the central

Asian Republics the Tacis programme focuses on different
economic sectors . As an example Tacis has implemented 29
projects with a total budget of ECU 51 million in the food
and agricultural sector .

Concerning the specific region of the Aral Sea, the five
central Asian Republics approached the Community in

1992 for assistance to improve the management of water
resources and integrated crop production systems . After
having concluded, like other bilateral and multilateral
donors, that the environmental disaster of the Aral Sea and
the adjoining wetlands and deltas are manifestations of
basin-wide problems, the Community prepared a regional
project focusing on the improvement of land and water
management in the basin . Benefiting from a grant of ECU
4,5 million provided through the Tacis programme and with
a duration of two years from 1 February 1995, the water
resources management and agricultural production in the
central Asian Republics project aims to mitigate the
problems of the Aral Sea crisis .

The general objectives of the project, which are regional in

scope, are to :

— provide the administrative and technical framework for

development of policies, strategies and development
programmes for utilization, allocation and management
of the water resources of the Aral Sea basin ;

— assist with the establishment of the institutional
structure required to prepare and execute policies and
strategies concerning the allocation and management of
the water resources .

With a view to continuing and fostering its involvement in
the Aral Sea basin, the Community has set aside an
additional ECU 1 million under the 1995 Tacis interstate

action programme .

WRITTEN QUESTION E-2976 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

(9 November 1995 )

( 96 / C 51 / 117 )

Subject : Possible agreement on the Spratly Islands

It seems that progress is being made towards an agreement
on the Spratly Islands, if the report by Mr Valencia, Mr Van
Dyke and Mr Ludwig in the ' International Herald Tribune '
of 10 October 1995 is accurate .

Further to my previous questions on this subject, can the
Commission say if it has taken any action — or proposed
any action to the Council — to ensure European Union
participation in finding a peaceful solution to the Council —
to ensure European Union participation in finding a
peaceful solution to this problem, as our ships and seafarers
also have an interest in the free and " safe movement of

shipping mentioned in the above press article .

Answer given by Mr Marin
on behalf of the Commission

(4 December 1995 )

The Commission attaches great importance to the dispute
over the Spratly Islands ; it is a maritime area of crucial
importance for international shipping . Any enclosure of the
area would seriously affect the Community 's substantial
trade with eastern Asia .

The Commission is convinced of the need for a peaceful
negotiated settlement of the dispute, and has closely
monitored recent moves to foster dialogue . It was therefore
heartened by the Manila declaration adopted by the
Association of South-East Asian Nations ( Asean ) in July

1992 and endorsed by China . Clashes between China and
the Philippines in February, which raised tension in the
region, were swiftly followed by a European declaration
urging all sides to pursue dialogue and expressing continued
support for the Manila declaration .

As to the Honourable Member 's concern that Europe is not
playing a sufficiently active role in the resolution of the
conflict, we would remind him of the European response to
recent developments in the Spratly affair . When tensions
rose in the region in February, a European declaration
swiftly followed in early March, urging all sides to pursue
dialogue and expressing continued support for the 1992
Manila declaration . Since the Spratly Islands are a major
security issue for the region and a key international shipping
area, the Union has been, and will continue to be, actively

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 63

involved in security developments via appropriate regional
forums, such as the Asean Regional Forum ( ARF ). The issue
has also been discussed in bilateral forums such as the

EU-Asean ministerial meeting, in which the EU pressed for a
wider regional debate based on the Manila declaration and
international law . It is vital that disputes are settled through
peaceful negotiations .

matter in order to ensure that the provisions of Article 138
of the Accession Act as well as those of Articles 91 —94 of

the Rome Treaty are complied with ?

(») OJ No L 1, 1 . 1 . 1995, p . 1 .

WRITTEN QUESTION P-3032 / 95

by Jörn Svensson ( GUE / NGL )

to the Commission

WRITTEN QUESTION E-2978 / 95
(9 November 1995 )

by Karl Olsson ( ELDR )

to the Commission ( 96 / C 51 / 119 )

(9 November 1995 )

( 96 / C 51 / 118 )
Subject : Egg production

Subject : Egg market situation in Sweden

Finland and Sweden form a relevant market for shell eggs
due to veterinary rules ( salmonella ). This practically
excludes for the moment imports from other Member
States .

During 1994, production in Finland was over the
self-sufficiency level, while in Sweden it was below that . In

1994, the production of Finnish eggs increased by 3 % to
71,7 million kilos from the preceding year . In 1995 the
surplus is estimated to about 20 000 tonnes a year . This
represents an increase of about 5 — 10 % in production . The
product price of Finnish eggs was increased in August 1995
from FIM 2,00 to FIM 3,50 . The estimated amount of
national aid to Finnish egg producers is SKR 4,00 .

Domestic eggs sold within the Finnish market cost SKR

14,50 while the corresponding price of Finnish eggs in
Sweden amounts to SKR 9,25 ( week 35 / 95 ). During the
same period, wholesale egg prices in Sweden were
considerably above those of the EU average . In 1995,
exports of eggs to Sweden from Finland (1 793 tonnes
between January and August ) have represented less than
2,5 % of the Swedish market .

In accordance with the Accession Act of Finland to the

European Union ( Decision of the Council of the European
Union of 1 January 1995 adjusting the instruments
concerning the accession of new Member States to the
European Union ( ] )) Finland may grant, during the
transitional period, national aids to producers of basic
agricultural products subject to the common agricultural
policy . The level of aid to Finnish egg producers was
authorized by the Commission in line with the
abovementioned provisions governing national aids, in
particular with Article 138 thereof .

In view of the market distortions that have occurred in

Sweden due to the low prices of Finnish eggs, a situation
which is accentuated by the granting of national aid to
Finnish egg producers, will the Commission investigate the

During its membership negotiations Finland obtained
permission to grant a national subsidy for egg production .
Sweden, which was negotiating at the same time, did not
request such authorization . Finnish eggs are now being sold
on the Swedish market at subsidized prices, which are
moreover lower than retail prices in Finland . I would add
that the minimum living space per bird is 600 cm 2 in Sweden
as against 480 cm 2 in Finland .

Is this state of affairs compatible with Union policy on
competition on equal terms and animal welfare ?

Joint answer to Written Questions

E-2978 / 95 and P-3032 / 95

given by Mr Fischler
on behalf of the Commission

( 21 November 1995 )

The Commission is aware of the situation to which the

Flonourable Members refer . In collaboration with the

authorities of the Member States concerned, it is
continuously examining the market situation and in
particular the level of prices and trade in eggs .

Regarding national aid for egg producers in Finland and
larger minimum cage size for hens in Sweden than in
Finland, it is to be noted that both are in conformity with
Community legislation, i.e. Article 138 of the Act of
Accession of Austria, Sweden and Finland and Council
Directive 88 / 166 / EEC laying down minimum standards for
the protection of laying hens kept in battery cages ( J ),
respectively .

(') OJ No L 74, 19 . 3 . 1988 .

No C 51 / 64 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-2987 / 95

by Irene Crepaz ( PSE )

to the Commission

(9 November 1995 )

( 96 / C 51 / 120 )

Subject : Receiving the right to maternity leave and
maternity allowance legally obtained in one
Member State in another Member State of the

European Union

1 . Can the Commission confirm the following
information received from the competent Austrian
authorities ?

— Regulation ( EEC ) No 1408 / 71 (*) regulates family
benefits, which however are geared towards family
allowances .

— It is up to the relevant Member State to decide whether

or not to include maternity allowance and maternity
leave in the above .

The Austrian regulation states :

For Austrian women to be able to claim maternity leave and
maternity allowances in other Member States of the EU,
they must have a place of residence in Austria . They may
continue to draw benefits for two months, after which
special permission, issued by the competent employment
exchange, is required . The father of the child must reside in
another Member State and his wife must wish to join him
there .

2 . Does this comply with EC law ? Or is it contrary to the
free movement of workers and the agreement on social
policy, in which ' adequate social protection ' was laid down
as an objective ?

3 . Is an amendment of Regulation ( EEC ) No 1408 / 71 in
progress ? If so, how is it to be amended ?

0 ) OJ No L 149, 5 . 7 . 1971, p . 2 .

Answer given by Mr Flynn
on behalf of the Commission

(7 December 1995 )

The Honourable Member is referring to a specific Austrian
family benefit known as ' Karenzgeld ' and the conditions
under which it can be transferred to another country .

Regulation ( EEC ) No 1408 / 71 on the coordination of social
security systems with reference to persons moving within
the Community covers family benefits including family
allowances . In accordance with Article 5, it is up to the
Member States to specify the legislation and schemes
referred to in the notified declarations . According to Court
of Justice case law, these declarations are merely indicative

and in no way constitutive . The Court of Justice continues to
emphasise the fact that the term ' benefit ' within the meaning
of the Regulation refers to benefits provided in association
with the risk referred to in the title of the relevant

chapter .

The Commission is of the opinion that the benefit in
question, ' Karenzgeld ', can be regarded as a family benefit
within the meaning of the Regulation . From the reactions of
the Austrian Government, it seems that this interpretation is
shared .

The conditions of eligibility for a specific family benefit,
where the person concerned does not reside in the Member
State concerned, are clearly defined in the Regulation . In
accordance with these rules, any person who is not resident
in Austria but is subject to the Austrian social security
system, e.g. a frontier worker, is entitled to receive family
benefits provided that he or she fulfils all the other
conditions . These Community provisions take precedence
over national law . If a person is no longer subject to
Austrian legislation, having left the Member State without
engaging in occupational activity there, Community law
does not require the family benefit to be transferred to
another country . In such cases only national law applies .

The information provided by the Honourable Member
suggests she is referring to situations in which the persons
concerned are no longer subject to Austrian legislation . In
such circumstances, application of Austrian national law is
not contrary to Community law .

WRITTEN QUESTION E-2991 / 95

by Glyn Ford ( PSE )

to the Commission

( 13 November 1995 )

96 / C 51 / 121 )

Subject : Qualifying age for widow 's pension

What is the Commission 's opinion on the position of UK
widows under the age of 45 upon the death of their husband
who are deemed too young to qualify at all for a widow 's
pension, regardless of length of married life ?

Does the Commission have comparative data for other
Member States ?

Answer given by Mr Flynn
on behalf of the Commission

(8 December 1995 )

The Commission has no say in the matter raised by the
Honourable Member, since the conditions governing
eligibility for surviving spouse 's pension fall within the
exclusive competence of the Member States .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 65

As regards comparative data for the various Member States, programme to support the closure of the Chernobyl nuclear
data relating to 1 July 1995 can be found in Chapter VIII, power plant by the year 2000 .
' Survivors ' benefits ', of the latest edition of the Missoc . This
edition is being sent direct to the Honourable Member, as
well as to Parliament 's General Secretariat .

WRITTEN QUESTION E-3013 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 13 November 1995 )
WRITTEN QUESTION E-2993 / 95

by Glyn Ford ( PSE )

to the Commission

( 96 / C 51 / 123

Subject : Legal profession
( 13 November 1995 )

( 96 / C 51 / 122 )

Subject : Chernobyl

What is the Commission 's view of the current safety of the
remains of the reactor at Chernobyl ? In the light of recent
reports, is it satisfied with the situation at present ? If not,
what plans does it have to make financial assistance
available to ensure future environmental safety ?

Answer given by Mr Van den Broek

on behalf of the Commission

(6 December 1995 )

After the Chernobyl accident ( 26 April 1986 ), in order to
prevent further releases of radioactive materials, the ex
Soviet Union authorities incorporated the debris of the
exploded Unit 4 into a shelter, also known as the
sarcophagus or Ukritye . Concerns exist about the stability
of this shelter . It cannot be considered as a safe containment

for the longer term .

In August 1993, the government of Ukraine issued a decree
with a view to carrying out a feasibility study to define a
concept for an environmentally safe system . The
Commission allocated ECU 3 million under its Tacis

programme for the financing of this study . The
corresponding contract was awarded to Alliance, a
consortium formed by Campenon Bernard, Bouygues and
SGN of France, AEA T echnology and T ay wood Engineering
of the United Kingdom and Walter Bau of Germany .

Taking the results of this study into account, the
Commission and the Ukrainian authorities agreed upon a
follow-up programme including another evaluation of short
and long term measures needed .

The results of these actions will provide supplementary
elements for a final decision by the authorities of Ukraine for
the future handling of the Chernobyl Unit 4 issue .

The Tacis assistance is in line with the overall discussions

going on between the G7 and Ukraine on the comprehensive

The proposal for a European Parliament and Council
Directive to facilitate practice of the profession of lawyer on
a permanent basis in a Member State other than that in
which the qualification was obtained (*), whereby lawyers
will initially be entitled, for a period of not more that five
years, to practise on the strength of their original
qualifications, stipulates that within a transitional period
not exceeding five years, a migrant lawyer must join the
profession in the host Member State and undertake to abide
by the rules of conduct and the system of organization
governing it in that State . On completion of the transitional
period, his status as a full member of the profession will be
recognized and confirmed .

Lawyers who have moved to another country must
accordingly apply to be registered with the appropriate
authority in the host Member State .

Although the approach underlying the Directive can be
supported, does not the Commission believe that the
five-year time limit is illogical and unjustified ?

(M OJ No C 128, 24 . 5 . 1995, p . 6 .

Answer given by Mr Monti
on behalf of the Commission

(1 December 1995 )

The five-year time limit provided for in the proposal for a
European Parliament and Council Directive to facilitate
practice of the profession of lawyer on a permanent basis in
a Member State other than that in which the qualification
was obtained and designed to permit a lawyer to practise on
the strength of the original qualification is not a maximum
but a minimum period . In other words, Member States may
stipulate a longer period or even refrain from imposing any
time limit whatsoever . In any event, they will have to ensure
that the rights acquired by already established lawyers are
respected .

If adopted as it stands, the proposal would represent a step
in the right direction in those Member States that do not
allow lawyers to practice under their original qualification .
In the absence of a decision by the Court of Justice in this
matter, it would also constitute a guarantee against
divergent interpretations concerning Article 52 of the EC
Treaty .

No C 51 / 66 EN Official Journal of the European Communities 21 . 2 . 96

The Commission will examine in the light of Parliament 's
opinion on the proposal whether this time-limit ought not to
be deleted in the amended proposal it will adopt .

WRITTEN QUESTION E-3022 / 95

injured by imports at dumped prices from a third country
and will implement, following WTO rules, whatever
measures are considered necessary to restore the conditions
of fair trade where such injury is confirmed .

by Inigo Méndez de Vigo ( PPE ) WRITTEN QUESTION E-3039 / 95

to the Commission by Anita Pollack ( PSE )

( 13 November 1995 ) to the Commission

( 96 / C 51 / 124 ) ( IS November 1995 )

( 96 / C 51 / 125 )

Subject : Anti-dumping levy in respect of imports of bags

and textiles from Turkey

The European bag and textile industry is under threat as a
result of the ' dumping ' of imports of such products from
Turkey .

Owing to the loss of market share and the significant fall in
prices as a result of such imports, many companies have
been required to reduce their workforce and, in certain
cases, have even gone out of business .

Is the Commission planning to take any kind of action to
ensure the survival of Community bag and textile
manufacturers by imposing an anti-dumping levy on
imports of such products from Turkey ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 13 December 1995 )

With regard to bags, an anti-dumping proceeding relating to
imports of sacks and bags made of polyethylene or
polypropylene originating in India, Indonesia and Thailand
was opened by the Commission on 13 April 1995 following
the receipt of a complaint from the Community industry .
The complaint did not make any reference to imports of this
product from Turkey and consequently such imports are not
currently under investigation .

In respect of fabrics, two proceedings are currently in
progress . In the first, concerning synthetic fabrics, imports
from Turkey were not cited by the Community industry .
The second refers to cotton fabrics originating in China,
India, Indonesia, Pakistan and Turkey . Due to technical
difficulties, the Commission has not yet been able to
conclude whether the conditions for the introduction of any
type of measure are met .

The Commission will examine a complaint from any sector

of die Community industry which considers that it is being

Subject : Directive on works councils

Why are there no provisions for special representational
measures for women in the European Works Councils
Directive ?

Answer given by Mr Flynn
on behalf of the Commission

( 22 December 1995 )

Article 2(1 ) ( d ) of Directive 94 / 45 / EC ( ) states that
"' employees ' representatives ' means the employees '
representatives provided for by national law and / or
practice ". This translates the Commission 's idea, accepted
by the Council, that the harmonization of national systems
of employees ' representation would not be justified .

The only ( implicit ) reference in the Directive to the question
raised by the Honourable Member is in the 16th recital,
which reads :

' Whereas, in accordance with the principle of
subsidiarity, it is for the Member States to determine
who the employees ' representatives are and in particular
to provide, if they consider appropriate, for a balanced
representation of different categories of employees '.

It is therefore the responsibility of the Member States, when
transposing the Directive, to determine who will be the

'
employees representatives . Similarly, they must also define
the procedures for establishing the special negotiating body
and European works council, with no constraints other than
that arising from application of the criteria of geographical
distribution and proportionality with regard to the number
of workers employed in each Member State .

(') OJ No L 254, 30 . 9 . 1994 .

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 67

WRITTEN QUESTION E-3040 / 95

by Gerardo Fernandez-Albor ( PPE )

WRITTEN QUESTION P-3054 / 95

Fernandez-Albor ( PPE ) by Ivar Virgin ( PPE )

to the Commission to the Commission

( 15 November 1995 )

to the Commission

(9 November 1995 )

( 96 / C 51 / 126 ) ( 96 / C 51 / 127 )

Subject : Pooling of ideas to reduce the level of
unemployment in the Member States

The main cause for concern for the whole socio-economic

sphere in our society is still, undoubtedly, unemployment,
which affects so many families and causes so many difficult
situations from both the human and the social points of
view .

For this reason it would be particularly interesting to know
the opinions, ideas and suggestions which every individual
citizen of the Union has to offer to solve this problem .

Does the Commission consider that it would be appropriate
and useful to call for a pooling of ideas from both the general
public and socio-economic organizations of every kind to
see what solutions, suggestions and remedies people have to
offer to help to solve, in a spirit of solidarity, this grave
problem which affects millions of citizens in the European
Union ?

Answer given by Mr Flynn
on behalf of the Commission

Subject : Analysis of the environmental impact of nuclear

tests

The nuclear tests on Mururoa could put a considerable
strain on the environment . The greatest danger is that of the
possible long-term effects of geological changes . Cracks
caused by repeated test explosions are destabilizing the
atoll 's bedrock and could pose a considerable threat to the
environment . Water could seep in and, if the worst came to
the worst, carry radioactive material into the sea .

If that were to happen we would need to be prepared to cope
with the situation . Environmental impact analyses should be
compiled, based both on a worst-case scenario and on a
normal course of events . There is a great need for such
analyses in view of the fact that the French authorities are
classifying information about movements in the geological
structures under the atolls .

Does the Commission intend to draw up environmental
impact assessments of this kind ?

(8 December 1995 )
Answer given by Mrs Bjerregaard

on behalf of the Commission

The Commission welcomes all ideas and suggestions for ( 28 November 1995 )
dealing with the employment situation including wide
consultations with European citizens .

Indeed, the Commission, for its part, has already consulted
extensively . For example, following the call for
contributions contained in the white paper on European
social policy ( ] ), a huge number of replies were received .
Many addressed the issue of employment and job creation .
The Commission received contributions from organizations
and associations at European, national, regional and
local level, from social partners ' organizations,
non-governmental organizations, religious bodies,
universities and research organizations as well as from
individual citizens ( 2 ).

The Commission intends to continue, through different
social fora, to involve and consult European citizens on all
issues which concern them . In particular, the European
social policy forum, which is planned for March 1996,
should be a major opportunity for discussions with various
bodies on the issue of employment .

(') COM(94 ) 333 .

( 2 ) A summary of responses was published in ' Social Europe '

2 / 94 .

As stated by the Commission President on 24 October to the
Parliament, a worst-case scenario submitted by the French
authorities and taken into consideration by the Commission
supposes that 10% of the radioactivity contained in the
waters within the atoll is released in a single event into
the lagoon . It was concluded that the consequent
contamination of the lagoon water would not represent a
significant risk from the point of view of health .

A ' normal evolution ' would in fact suppose a much slower
rate of loss to the lagoon and hence even lower levels of
lagoon contamination .

Dilution in the ocean subsequent to either normal evolution
or the worst-case scenario would only serve to produce
contamination of ocean waters substantially below those in
the lagoon .

It is, therefore, concluded that neither the worst-case
scenario nor a normal evolution of the situation represents a
significant risk from the point of view of health .

No C 51 / 68 EN Official Journal of the European Communities 21 . 2 . 96

WRITTEN QUESTION E-3209 / 95

WRITTEN QUESTION E-3276 / 95

James Fitzsimons ( UPE ) by Spalato Belleré ( NI )

to the Commission to the Commission

by James Fitzsimons ( UPE )

( 29 November 1995 )

to the Commission

(6 December 1995 )

( 96 / C 51 / 128 ) ( 96 / C 51 / 130 )

Subject : EU aid to universities in Ireland

Could the Commission provide details of the amount of
money received by each university in Ireland under the EU 's
R&D budgets and the Structural Funds over each of the last
five years ( 1990 to 1994 inclusive )?

Answer given by Mrs Cresson

on behalf of the Commission

(9 January 1996 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

WRITTEN QUESTION E-3253 / 95

by Amedeo Amadeo ( NI )

to the Commission

Subject : Repatriation of the bodies of the Italian royal

family

On the eve of the year 2000, and 50 years after the
referendum which established the Republic in Italy, it is
simply inconceivable that the bodies of King Victor
Emmanuel III, Queen Elena of Montenegro-Savoy, and
King Umberto II, who all died and are buried in exile, cannot
be returned to Italy .

The whole affair is a mystery . It is also unclear whether,
from a legal and institutional point of view, Italy, a Member
State of the European Union, is entitled indefinitely to
observe the ' transitory ' provision of the Constitution
debarring repatriation .

Can the Commission take practical steps to uphold human
rights, without making the excuse that the issue raised in this
question is entirely a matter for the Member State concerned
and nothing to do with the Commission ? In short, will it
express an opinion couched in general terms and — should it
think fit to go further — make representations to the
particular Member State to ensure that human rights are
respected in accordance with accepted standards ?

Joint answer to Written Questions

E-3253 / 95 and E-3276 / 95

(1 December 1995 )

given by Mr Santer
( 96 / C 51 / 129 ) on behalf of the Commission

Subject : Human rights — repatriation of the remains of the

Savoy kings

The question whether the bodies of the Savoy rulers ( Victor
Emmanuel III, Elena, und Umberto II ) should be repatriated
has for years been a subject of debate in Italy . However, the
Italian Government now appears to be particularly anxious
to resolve the matter .

It will be necessary to repeal ' transitory provision XIII ' of
the Constitution whereby the remains of members of the
House of Savoy may not be returned to Italy .

The institutional referendum took place nearly half a
century ago, and it is inconceivable that the mere act of
moving the bodies of the long-dead Savoy kings could pose a
danger to republican institutions . The continued existence
of the abovementioned provision confers legitimacy on an
attitude of absurd ostracism in relation to persons who
should be equal before the Constitution and the law .

Will the Commission use its good offices to ensure that
respect for human rights is upheld ?

(9 January 1996 )

The Commission has no jurisdiction to deal with the
question asked, which is a matter solely for the national
authorities concerned .

WRITTEN QUESTION E-3433 / 95

by Erhard Meier ( PSE )

to the Commission

( 18 December 1995 )

96 / C 51 / 131 )

Subject : EU subsidies for Austria

What is the total amount of EU subsidies earmarked for

Austria for this year and for the period 1995 — 1999 under
the various Community initiatives ( Rechar, Interreg,
etc .), the Structural Funds ( Objectives 1 to 5b ),
action programmes ( Leonardo, Raphael, etc .) and for
agriculture ?

21 . 2 . 96 EN Official Journal of the European Communities No C 51 / 69

What proportion of the funds earmarked for 1995 are likely
to be paid out this year ? Are subsidies which are earmarked
for 1995 but not paid out, forfeited ?

What is the Commission 's assessment of the Austrian

projects submitted for subsidies so far, in terms of both
quality and quantity ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 10 January 1996 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .