Source: EURLEX
Language: en
Format: md

^ - ^ / * / * • - *| T * "1 ISSN 0378-6986
# Orncial Journal C227

_ # # Volume 34

### of the European Communities « A ugu St w .

#### English edition Information and Notices

Notice N o Contents p ag e

I _Information_

European Parliament

_Written Questions with_ _answer_

9 1 / C 227/01 N o 1587/90 by M r Gerard Deprez to the Commission

Subject: Phare programme 1

9 1 / C 227/02 N o 2416/90 by M r Virginio Bettini and M r Gianfranco Amendola to the

Commission

Subject: Implementation of Community rules on the protection of birds in Friuli-Venezia-Giulia
Region 2

9 1 / C 227/03 N o 2562/90 by M r John Cushnahan to the Commission

Subject: Air traffic control 2

91 / C 227/04 N o 2619/90 by M r Madron Seligman to the Commission

Subject: Privatization of gas distribution in East Germany 3

91 / C 227/05 N o 2626/90 by M r Vincenzo Mattina to the Commission

Subject: Public finance for the production of lead in the South of Italy 3

9 1 / C 227/06 N o 2688/90 by M r Kenneth Collins to the Commission

Subject: Australian import duty and excise tax on spirits 4

9 1 / C 227/07 N o 2761/90 by M r Yves Verwaerde to the Commission

Subject: Standardization of national anti-drug policies 4

9 1 / C 227/08 N o 2813/90 by Mrs Hiltrud Breyer to the Commission

Subject: Saarland and regional freight transport by rail 5

91 / C 227/09 N o 2896/90 by M r Dieter Rogalla to the Commission

Subject: Competition policy 5

2 (Continued overleaf)

Notice N o Contents (continued)

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N o 2909/90 by Mrs Karla Peijs to the Commission

Subject: Subsidies from the French authorities for setting up a new factory for the manufacture
of polyester fibres in Longwy, France 6

N o 2919/90 by M r Mihail Papayannakis to the Commission

Subject: Threat to caves at Mara from quarrying 6

N o 2977/90 by M r Richard Simmonds to the Commission

Subject: Public procurement compliance 7

N o 2978/90 by M r Madron Seligman to the Commission

Subject: Lavatory/toilet facilities for travellers 7

N o 3013/90 by Mrs Brigitte Ernst de la Graete to the Commission

Subject: Free movement of workers and the transfer system used for professional sports players 8

N o 3022/90 by M r Carlos Robles Piquer to the Commission

Subject: Community financing of the Portuguese gas network 8

N o 3064/90 by Mrs Mary Banotti to the Commission

Subject: Child abduction treaties 9

N o 57/91 by M r Maxime Verhagen to the Commission

Subject: Military coup in Suriname 9

N o 72/91 by M r Gianfranco Fini to the Commission

Subject: Community funding for a solid municipal waste recycling plant in the province of
Pescara (Italy) 10

N o 84/91 by M r Maxime Verhagen to the Commission

Subject: The impact of 'Europe 1992' on the developing countries 10

N o 104/91 by M r Florus Wijsenbeek to the Commission

Subject: Aviation cooperation 11

N o 122/91 by Mrs Ursula Schleicher to the Commission

Subject: Irregularities at French motorway tollgates ('peages') 11

N o 138/91 by M r Jose Valverde Lopez to the Commission

Subject: Aid granted by the Spanish Government to the Hytasa firm 12

N o 144/91 by M r Mihail Papayannakis to the Commission

Subject: Infringement of Community legislation 12

N o 156/91 by Mrs Claire Joanny to the Commission

Subject: Effects of Community policy on cultural life and cultural diversity 12

N o 181/91 by Mrs Cristiana Muscardini to the Commission

Subject: Work in progress in frontier regions 13

N o 185/91 by M r M a u r o Chiabrando to the Commission

Subject: Doubling of the structural funds 13

N o 190/91 by M r Sergio Ribeiro to the Commission

Subject: TGV plan for Portugal 14

Notice N o Contents (continued) Page

9 1 / C 227/28 N o 219/91 by M r Gerardo Fernandez-Albor to the Commission

Subject: Professional qualifications required of estate agents 14

9 1 / C 227/29 N o 237/91 by M r Sotiris Kostopoulos to the Commission

Subject: Measures to protect seamen on merchant shipping vessels in the Persian Gulf 15

9 1 / C 227/30 N o 251/91 by Mrs Cristiana Muscardini to the Commission

Subject: Community aid for southern Italy 15

91 / C 227/31 N o 256/91 by M r Ben Visser to the Commission

Subject: Eastern European inland waterway vessels in the Rhine area 15

9 1 / C 227/32 N o 261/91 by Mrs Brigitte Ernst de la Graete to the Commission

Subject: Bosman case — Free movement of professional sportsmen 16

9 1 / C 227/33 N o 264/91 by M r Ian White to the Commission

Subject: English for speakers of other languages 16

9 1 / C 227/34 N o 300/91 by Mrs Raymonde Dury to the Council

Subject: Rail fares for cross-border journeys 17

9 1 / C 227/35 N o 308/91 by Mrs Anna Hermans to the Commission

Subject: Cooperation with Sri Lanka 17

9 1 / C 227/36 N o 313/91 by M r Jose Valverde Lopez to the Commission

Subject: Specific training in general medical practice 18

9 1 / C 227/37 N o 314/91 by M r Jose Valverde Lopez to the Commission

Subject: Health problems affecting trade in fresh meat 18

9 1 / C 227/38 N o 323/91 by M r H e m m o Muntingh to the Commission

Subject: New cattle fence near the Okavango Delta in Botswana 19

9 1 / C 227/39 N o 332/91 by M r Egon Klepsch, M r Elmar Brok and M r Jean Penders to the

Commission

Subject: US—EC relations 19

9 1 / C 227/40 N o 334/91 by M r Herman Verbeek to the Council

Subject: EC policy on climatological change 20

9 1 / C 227/41 N o 400/91 by M r Roberto Speciale to the Commission

Subject: 1991 ceiling for aid to shipyards 21

9 1 / C 227/42 N o 401/91 by M r Florus Wijsenbeek to the Commission

Subject: Working conditions in the EC Office in Washington, DC 22

9 1 / C 227/43 N o 425/91 by M r Marc Galle to the Council

Subject: Concessions in the field of trade for Maghreb and Mashreq countries 23

91 / C 227/44 N o 443/91 by Mrs Anita Pollack to the Commission

Subject: Vehicle pollution 23

9 1 / C 227/45 N o 450/91 by Mrs Nel van Dijkand M r Herman Verbeek to the Commission

Subject: Cutting private car fuel consumption — 'gas-guzzler tax' 24

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N o 453/91 by M r Jean-Pierre Raffarin to the Commission

Subject: NOW programme 25

N o 467/91 by Mrs Mary Banotti to the Commission

Subject: Romanian orphanages 25

N o 476/91 by M r Reimer Boge to the Commission

Subject: Delayed coresponsibility levy payments 25

N o 491/91 by Mrs Maria Belo to the Commission

Subject: Psychoanalysts 26

N o 496/91 by M r Gianfranco Fini to the Commission

Subject: Violation of competition rules by the Klockner Group and by the Deutsche Bank 26

N o 528/91 by Mrs Caroline Jackson to the Commission

Subject: Amendment of Directive 79/409/EEC 27

N o 537/91 by M r Virginio Bettini and M r Gianfranco Amendola to the Commission

Subject: Protection of transporters of refuse and monitoring of the discharge of refuse in
authorized dumps or disposal centres 27

N o 553/91 by M r Diego de los Santos Lopez to the Commission

Subject: Approval of music diplomas 28

N o 555/91 by M r Diego de los Santos Lopez to the Commission

Subject: Water supplies 29

N o 564/91 by M r Bernard Antony to the Commission

Subject: Obstacles to competition in the French hospital service 29

N o 566/91 by M r Philippe Douste-Blazy to the Commission

Subject: Application of the Directive on a general system for the recognition of diplomas to the
profession of director of a medical laboratory 30

N o 583/91 by M r Gerhard Schmid to the Commission

Subject: The EC's 'Medspa' Mediterranean Programme 31

N o 629/91 by M r Marc Reymann to the Commission

Subject: Continuation after 1993 in France of present guarantees concerning quality and
standards of inspection relating to medicinal products derived from human blood or plasma in
compliance with the relevant directives 31

N o 654/91 by the following Members: M r Elmar Brok, M r Raphael Chanterie,

M r Ingo Friedrich and M r Egon Klepsch and M r Dieter Rogalla to the Commission

Subject: GATT and policy on trade in textiles 32

N o 690/91 by Mrs Christine Oddy to the Commission

Subject: Restricted sale of beer 33

N o 694/91 by Mrs Christine O d d y and M r Alex Smith to the Commission

Subject: Conscientious objectors 33

N o 713/91 by M r Carlos Perreau de Pinninck Domenech and M r Jose Ruiz-Mateos
Jimenez de Tejada to the Commission

Subject: Protection of the family 33

(Continued on inside back cover)

Notice No Contents (continued) p ag e

91/C 227/63 No 715/91 by Mr Carlos Perreau de Pinninck Domenech and Mr Jose Ruiz-Mateos
Jimenez de Tejada to the Commission

Subject: Recognition of Spanish 34

91/C 227/64 No 758/91 by Mr John McCartin to the Commission

Subject: Evaluation of EC's 'Year against cancer' 34

91/C 227/65 No 777/91 by Mrs Anita Pollack to the Commission
Subject: Equal opportunities 35

91/C 227/66 No 827/91 by Mrs Christine Oddy to the Commission
Subject: Pension surpluses 35

91/C 227/67 No 829/91 by Mrs Christine Oddy to the Commission
Subject: Free movement of workers 35

91/C 227/68 No 830/91 by Mrs Christine Oddy to the Commission

Subject: Free movement of workers 36

Joint answer to Written Questions Nos 829/91 and 830/91 36

91/C 227/69 No 876/91 by Mr Jose Torres Couto to the Council

Subject: Ratification of the 1988 Vienna Convention against Illegal Traffic in Narcotic Drugs
and Psychotropic Substances 36

31. 8. 91 Official Journal of the European Communities No C 227/1

I

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1587/90

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(2_ _July 1990)_

(91/C 227/01)

_Subject:_ Phare programme

Can the Commission provide information on:

1. the running of the Phare programme, particularly the
organization of calls for tender in the Community;

2. Community expenditure already incurred since the
beginning of the programme?

Answer given by Mr Andriessen
on behalf of the Commission

_(14 June 1991)_

In accordance with Regulation (EEC) No 3906/89 O the
Phare programme is administered by the Commission,
assisted by a Management Committee, on the basis of
general guidelines adopted after receiving the opinion of
that Committee.

— A guiding principle of the aid is that the recipient
countries should decide on sectors and on priority
projects. The Commission intervenes only to the
extent that budgetary resources impose restrictions, to
assess the feasibility and viability of projects and, of
course, to examine compatibility with the general
objectives of the action which is the restructuring of
economies towards a market economy system.

Together with the recipient countries indicative
programmes are established which, in keeping with
these criteria, decide on sectors according to their
general objectives and to an assessment of necessary
appropriations.

The Commission has concluded an outline agreement
with each recipient country which lays down the
general conditions for providing aid.

In respect of each project or sectorial programme a
financing proposal which lays down specific
conditions is submitted to the Phare Management
Committee for its opinion and then approved by the
Commission. On the basis of this proposal a financial
memorandum is concluded with the recipient country.

The recipient countries have set up central
management units for the Phare programme and in
respect of most of the projects they have also set up
sectoral implementation units. These units are
responsible for implementing projects including
tenders and the conclusion of contracts. The

Commission helps them carry out these tasks and, if it
is so agreed, can act on their behalf.

Tendering procedures are those generally applied by
the Commission. In particular as regards supplies of
equipment the invitation to tender is published in the
_Official Journal of the European Communities_ and in the
recipient countries, while for technical assistance
restricted tenders can also be called for. Only the
minor contracts and some very specific arrangements
can be arranged directly.

All work is carried out by or in close collaboration
with the Phare Directorate set up for this purpose
within the Directorate-General for External

Relations. The Directorate is assisted in most cases by
sectoral Directorate-Generals and also resorts largely
to specialized external assistance.

The appropriations under the Phare programme,
confined initially to aid for Poland and Hungary and
amounting to ECU 300 million in the first budget
in 1990, have been increased under the second
supplementary and amending budget for the 1990

No C 227/2 Official Journal of the European Communities 31. 8. 91

financial year with a view to covering financial
assistance for other countries in Central and Eastern

Europe, and was fixed at ECU 500 million in
commitment appropriations and ECU 350 million in
payment appropriations.

The commitment appropriations have been fully
implemented. As regards the payment appropriations,
taking into account the nature of the projects
(technical assistance rather than supplies) and the time
needed to implement them, 34% (ECU 171 million)
have been paid. The payment appropriations not used
at the end of the 1990 financial year (ECU 179
million) were carried over to the 1991 financial year.

O OJNoL375,23. 12.1989.

WRITTEN QUESTION No 2416/90

by Mr Virginio Bettini and Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 227/02)

_Subject:_ Implementation of Community rules on the
protection of birds in Friuli-Venezia-Giulia
Region

On 3 August 1990, Bill No 229 was tabled by 33
councillors from the Friuli-Venezia-Giulia Region (Italy).

The proposed legislation, which relates to the application
of Council Directive 79/409/EEC on the conservation of

wild birds, has given rise to numerous protests because of
its cavalier interpretation of Article 9(c) which provides
for exemptions to this Directive.

1. Does this proposed legislation respect the letter and
spirit of Directive 79/409/EEC (') and in what way?

2. Does not the Commission consider that such a

proposal fails to take account of Decision 82/71/EEC
On certain species covered by the Berne Convention,
already ratified by the Italian Government?

3. Can the Commission say whether the regions or, as
indicated in Article 9, the Member States are entitled
to decide on derogations from Directive 79/409/EEC
and the Berne Convention?

4. Can the Commission define the meaning and scope of
Article 9(c)?

5. Does the Commission intend to table an amendment

to Directive 79/409/EEC in order to make it more

specific, reduce the scope for derogation and avoid
opportunistic interpretation thereof?

O OJ No L 103,25.4. 1979, p. 1.

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

_(24 June 1991)_

The proposed legislation for the Friuli-Venezia-Giulia
region contains provisions based on an interpretation of
Article 9 of Directive 79/409/EEC which runs counter to

the Commission's position. The same provisions are the
subject of an infringement procedure under Article 169 of
the EEC Treaty relating to the Regional Law of 8 May
1978 for the Friuli-Venezia-Guilia region and Decrees
Nos 5/CP and 35/CP of 4 March 1988 and 9 March 1988

and 137/87 and 9/CP of 24 March 1988 issued by the
President of the regional authority.

As regards the powers of the regions, the division of
powers for the purposes of implementating the Directive
is not a matter for the Commission. The Commission's

only official contacts are with the central authorities,
regardless of the breakdown of responsibilities within the
Member State. The most important consideration is to
ensure correct implementation of the provisions of the
Directive in all the Member States.

The information requested in point 4 of the Honourable
Members' question appeared in the report on the
implementation of Directive 79/409/EEC, which
provides the relevant details concerning the interpretation
of the provision referred to.

The Commission has amended Annexes I and III to

Directive 79/409/EEC and proposed to the Council an
amendment of Annex II ('). It does not envisage any
further changes to the Directive at present.

O COM(91)42 final.

WRITTEN QUESTION No 2562/90

by Mr John Cushnahan (PPE)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 227/03)

_Subject:_ Air traffic control

What are the main obstacles to the introduction of a

European air traffic control system to replace the present
divided, chaotic and expensive system?

31. 8. 91 Official Journal of the European Communities No C 227/3

Answer given by Mr Van Miert
on behalf of the Commission

_(12 February 1991)_

The Commission is seriously concerned about the
problem of air traffic congestion, and this subject was
exhaustively treated in proposals put forward to the
Council O, which met with the overall approval of the
European Parliament.

The main obstacle to the introduction of a pan-European
air traffic control system is, from the institutional
standpoint, a marked reluctance on the part of civil
aviation authorities in Member States to transfer their

responsibilities — even partly — to a supra-national
organization, such as that envisaged in the Eurocontrol
1960 Convention (later amended, owing to this very
reason), or any other similar one within the framework of
the European Community.

In addition to the national sovereignty issue, air traffic
control cannot be dissociated from certain areas of

defence, and this has for decades now made any move
towards integration even more difficult.

However, in the light of current developments in Eastern
Europe and considering that the Single Market is not too
far away, the Commission hopes that thinking within
national administrations may change, so the only barriers
against a gradual integration of the Community's air
traffic services will be of a technical nature, for which a
long-term solution is already underway.

(') O J N o C 34,10.2. 1989.

WRITTEN QUESTION No 2619/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 227/04)

_Subject:_ Privatization of gas distribution in East
Germany

The distributor of natural gas in East Germany,
Treuhandanstalt, is in the process of being privatized,
45 % of the equity having been sold already to Ruhrgas
and BEB.

1. Will firms in Member States of the Community other
than Germany be able to contend for the acquisition
of the remaining 55 % of the equity?

2. In the short or medium term, will contending firms be
able to offer new competitive sources of gas to the
German market?

3. Do any of the likely contending firms have links with
Ruhrgas and BEB or with the consortium of would-be
purchasers, such that their combined weight would
limit competition in gas supplies in the Community?

4. How does the Commission propose to apply the
Community's competition rules to the foregoing?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(23 July 1991)_

The Commission would refer the Honourable Member to

the reply to her Oral Question H-l 136/90, which it gave
during question time at Parliament's January
part-session _(_ _[l]_ _)._

(') Debates of the European Parliament No 3-389 (January
1990).

WRITTEN QUESTION No 2626/90

by Mr Vincenzo Mattina

to the Commission of the European Communities

_(23 November 1990)_

(91/C 227/05)

_Subject:_ Public finance for the production of lead in the
South of Italy

The Italian Government has authorized the company
'Metalli e derivati S.p.a.', whose registered office is in La
Spezia, to invest Lit 47,6 billion in the Buccino (Sa) area
for the annual production of 30 000 tonnes of secondary
lead recovered from batteries.

Under Article 32 of Law No 219/81, non-repayable aid
amounting to Lit 35,7 billion has been granted for this
project.

A similar industrial plant already exists in Campania, in
the municipality of Marcianise (Ce), with more than 100
employees and an annual production of 40 000 tonnes of
lead and zinc.

Will the Commission ascertain the legitimacy of financing
this project which leaves a number of questions
unanswered, for example the closure of the present
industrial plants belonging to 'Metalli e derivati S.p.a.' in
La Spezia, the jeopardizing of an undertaking operating
in the same sector a few kilometres away, which has also
recently received public funds and the siting of a
potentially polluting industry in an area in which
undertakings in the food sector are already located?

No C 227/4 Official Journal of the European Communities 31. 8. 91

Answer given by Sir Leon Brittan
on behalf of the Commission

_(17 January 1990)_

On 25 July 1990, pursuant to Articles 92 and 93 of the
EEC Treaty, the Commission adopted a partly negative
decision regarding the planned measures under Article 8
of Law 120/87 for extending the industrial development
being carried out under Article 32 of Law 219/81 in
certain areas of the Mezzogiorno affected by the
earthquakes at the end of 1980 and the beginning of 1981.

A copy of this decision, which has not yet been published
in the _Official Journal of the European Communities,_ has
been sent direct to the Honourable Member and to

Parliament's Secretariat.

As regards the sectoral impact of granting the investment
aid provided for in Article 32 of Law 219/81 to the project
referred to by the Honourable Member, it is for the
national authorities to assess the economic validity of
projects submitted to them under a regional aid scheme
approved by the Commission pursuant to Article 92 (3)
(a) and (c) of the EEC Treaty.

Only in exceptional cases has the Commission adopted
specific measures restricting aid in a given sector (e.g.
steel, shipbuilding, man-made fibres and motor vehicles).
Measures of this kind are not currently envisaged for the
lead sector.

WRITTEN QUESTION No 2688/90

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 227/06)

_Subject:_ Australian import duty and excise tax on spirits

Australia's import duty and excise tax structure is such
that substantially lower rates of tax (on Australian
products) and import duty plus tax combined (on imports)
apply to brandies than to all other kinds of spirits,
including Community exports of whisky, gin, rum and
vodka.

Has the Commission received representations about this
discriminatory situation, and what action is being taken to
persuade the Australian authorities to introduce a
non-discriminatory system of taxation for spirits?

Answer given by Mr Andriessen
on behalf of the Commission

_(14 June 1991)_

The Commission is informed of the import duty and
excise tax regime in force in Australia for spirits. This is
characterized by the existence of a fixed protective
element resulting from past commercial negotiations and
an indexed fiscal element.

The fiscal element differentiates between whisky and
brandy but is the same for Australian and imported
products.

Trade statistics indicate that EC exports of whisky to
Australia have not been adversely affected by the above

measures.

The Commission considers, therefore, that under the
present circumstances it does not seem advisable to
initiate any action _vis-d-vis the_ Australian authorities.

WRITTEN QUESTION No 2761/90

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 227/07)

_Subject:_ Standardization of national anti-drug policies

In view of the threat posed by drug addiction and drug
trafficking, which has been brought to the fore by the
European Council, should the Commission not consider a
system aimed at standardizing penalties in the Member
States in line with the severest national system?

Answer given by Mr Delors
on behalf of the Commission

_(5_ _June 1991)_

The systems of penalties applied by the Member States are
their responsibility alone, and if there was to be any
harmonization or standardization there would first have

to be a unanimous resolve on their part. The Commission
has no powers of action or initiative here. It is worth
noting, however, that the Member States would appear to
be interested in what is an essential prerequisite for such a
process, for they are collating and comparing their
legislation. But not too much should be expected of

31. 8. 91 Official Journal of the European Communities No C _121 lb_

uniform legislation if it is not enforced uniformly. And
enforcement of the law, even more than the law itself, is
entirely within the sovereign powers of the States.

WRITTEN QUESTION No 2813/90

by Mrs Hiltrud Breyer (V)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 227/08)

_Subject:_ Saarland and regional freight transport by rail

Is the Commission aware of the inquiry into the
requirements of regional transport in Saarland and
neighbouring regions (and frontier regions in general)?
What are the options for regional freight transport in that
area?

Answer given by Mr Van Miert
on behalf of the Commission

_(17 May 1991)_

The Commission is currently not aware of surveys on the
need for future regional goods transport in Saarland and
adjacent regions.

However, a cross-border study on SaarlandLorraine-Luxembourg-Trier/Western Palatinate,
prepared in conjunction with the national authorities
concerned, contains a small subsection on rail links, which
deals above all with rail passenger transport (and does not
cover rail freight). It was intended that the results of this
study should be used as a basis for certain proposals put
forward jointly by the national authorities concerned on
28 February, under the Community initiative entitled
Interreg (').

O OJNoC215,30. 8. 1990.

WRITTEN QUESTION No 2896/90

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(3_ _January 1991)_

(91/C 227/09)

_Subject:_ Competition policy

Can the Commission describe the current position of
work in the field of competition policy, with special
reference to the ban on subsidies, and at the same time
give details on the number and type of proceedings
pending at the European Court of Justice? Has there been
any change in the climate and the work rate since the
appointment of the new Director-General?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(22 February 1991)_

Current state aid policy is placed in the context of
completion of the internal market. More than ever the
Commission takes into account the negative impact aids
could have on the unity of the common market and on
competition. There is a danger that the expected gains of
the internal market will be jeopardized unless there is a
strict aid discipline.

With this objective in mind, a number of initiatives have
been undertaken, amongst which one of the most
important is a more systematic use of the Commission's
powers under Article 93 (1) EEC to review aid schemes
existing in Member States. Such reviews are necessary
because many existing aid schemes were approved in
different economic circumstances during the recession
and the end of the 1970s or early 1980s when the internal
market was more partitioned. Here, action is focused on
those aids which pose the greatest risk of distorting
competition and thwarting the achievement of the single
market. In addition, policy is focused on the reduction of
aids awarded in the richer regions. Such a policy should
increase the attractiveness of investment in the peripheral
regions and thereby contribute to the important
Community goal of cohesion.

The need to reinforce state aid policy implies that the
transparency both of the aids awarded in the Member
States and of the application of Commission policy must
be increased. In these areas the Commission is also

making several steps, e.g. regular multilateral meetings
with Member States to discuss the major areas of policy,
regular survey on state aids, publishing of more
information on individual decisions, summaries of every
case published in the _Official Journal,_ introduction of a
system of standardized notifications and of annual
reports, regular updating and enlargement of publications
on the rules application to state aids.

The following state aid cases are currently pending before
the Court of Justice:

ENI/Lanerossi (Italian Government—Commission), Alfa
Romeo (Italian Government—Commission), Rover
(British Aerospace/Rover—Commission), Cenemesa
(Spanish Government—Commission), Allied Signal
(Cirfs and others—Commission), Aluminia/Comsal
(Italian Government—Commission), Boelwerf (Belgian
Government—Commission), City of Hamburg aid
scheme (Pleuger Worthington—Commission), City of
Hamburg aid scheme (German Government
— Commission).

In all cases the applicant parties request the Court to
annul state aid decisions previously taken by the
Commission.

No C 227/6 Official Journal of the European Communities 31. 8. 91

Concerning the last part of the question, the Commission
is not in the habit of replying to this kind of remark.

WRITTEN QUESTION No 2909/90

by Mrs Karla Peijs (PPE)

to the Commission of the European Communities

_(17 December 1990)_

(91/C 227/10)

_Subject:_ Subsidies from the French authorities for setting
up a new factory for the manufacture of
polyester fibres in Longwy, France

According to various press reports, the International
Rayon and Synthetic Fibres Committee and the four
major European manufacturers of synthetic fibres have
lodged an appeal with the European Court of Justice. The
appeal relates to a decision by the Commission not to
protest against a subsidy granted by the French
authorities for setting up a new factory in Longwy,
France, manufacturing polyester fibres for industrial

purposes.

According to these reports, this heavily subsidized new
production facility will increase capacity in this sector by
20%. This will result in major under-utilization of
existing capacity in an industry that has just recovered
from a crisis as a result of cuts in capacity and a subsidy
ban. The number of jobs now in jeapardy is estimated at
between 1 000 and 2 000.

Was the Commission aware of the above facts when it

decided to take no action against the French authorities?

If so, how does the Commission justify its position, which
will probably have adverse effects on employment in
various Member States?

Does the Commission share the view that this matter

demonstrates that the Commission must have the power,
on the basis of Article 93 (3) of the Treaty, to initiate a
procedure under Article 93 (2) of the Treaty in any matter
relating to substantial distortions of competition due to
subsidies, regardless of the programme under which the
subsidy is granted and whether or not the programme has
been approved by the Commission?

Is the Commission aware that the French electricity
company, EDF, proposes to supply electricity to the new
factory to be built by Allied Signal on highly favourable
terms? This emerges from an article in _'Les Echos'_ of 12
November. Does the Commission propose to take any
action?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(22 May 1991)_

Longwy forms part of the European development pole for
which the Commission approved investment aid subject to
a ceiling of 30% net grant equivalent (Decision of 5
November 1986). This dec'S'^" was prompted by the
regional problems encountered in this cross-frontier
mining area following th^ en sis in the coal and steel
industries. At the time the French Government granted
the aid in question, the industrial fibres to be produced by
the factory which received it were not covered by any
rules requiring this particular project to be notified to the
Commission, falling as it did under an aid scheme which
had already been approved.

When the Commission has been notified under Article 93

(3) of a planned aid scheme and decides that the scheme
can be considered compatible with the common market
under one of the derogations provided for in Article 92,
its approval extends to all the individual projects covered
by the scheme. There may, however, be a requirement to
notify it of certain projects, e.g. where they exceed the aid
intensity fixed by the Commission or where there is a
provision to this effect in the rules on aid to particular
industries.

In the case referred to by the Honourable Member, none
of these potential grounds for a notification requirement
was present. In the interests of administrative efficiency,
the Commission does not require notification of specific
regional aid projects.

As regards the wider scope for reviewing existing aid
schemes under Article 93 (1) of the Treaty, it must be
borne in mind that such a review may not have retroactive
effect. It may not, therefore, be used to challenge
individual aids which have been granted under a scheme
duly approved by the Commission and have, therefore,
established certain rights on the part of the enterprise
concerned.

The Commission is aware of the commercial relationship
between EDF and Allied Signal and is currently
investigating negotiations between those two companies
in order to ascertain that no aid element contrary to the
rules of the common market is included in the deal.

WRITTEN QUESTION No 2919/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(11 January 1991)_

(91/C227/11)

_Subject:_ Threat to caves at Mara from quarrying

According to the residents of the Drama area, despite
their continual complaints to the ministries responsible,

31. 8. 91 Official Journal of the European Communities No C 227/7

licences are still being issued for the quarrying of marble
in the immediate vicinity of the cave at Mara in the village
of Kokinoyia. This matter was the subject of a previous
written question (Written Question No 687/89 of 5
October 1989 (')), to which the Commission replied (30
January 1990) that it had requested the Greek authorities
for detailed information, and demanded that they comply
with Directive 85/33/EEC ( [2] ). In the meantime, the
quarrying activities are continuing as close as 300 metres
from the cave, seriously endangering a site of rare natural
beauty whose tourist potential is being investigated. What
are the latest developments arising from the
Commission's representations to the Greek Government?

O _O]_ No C 145, 14. 6. 1990, p. 4.
O O J N o L 175,5.7. 1985, p. 40.

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

_(26 March 1991)_

In response to the Honourable Member's first Written
Question, the Commission asked the Greek authorities
about this matter. They replied that the quarrying
activities complained about are located a considerable
distance from the Mara cave and that no licence has been

issued for quarrying activities in its vicinity.

The information provided by the Greek authorities does
not suggest that there has been an infringement of
Community law. However, in the light of the further
information provided by the Honourable Member, the
Commission will continue its examination of this case.

WRITTEN QUESTION No 2977/90

by Mr Richard Simmonds (ED)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 227/12)

_Subject:_ Public procurement compliance

Will the Commission comment on the adequacy of the
development of European standards covering public
procurement and indicate what it is planning to do to
monitor and improve the situation to ensure fair play for
suppliers?

Answer given by Mr Bangemann
on behalf of the Commission

_(14 March 1991)_

It is clear that the full opening up of public procurement
markets will not be achieved until adequate European
standards have been developed.

To deal with this problem, the new procurement
directives have incorporated a requirement concerning
reference to European standards in drawing up
specifications. This requirement created a very substantial
interest in the development of European standards, in
particular in the sectors of water, energy, transport and
telecommunications.

In response to this interest, the Commission assigned a
work programme to CEN/Cenelec. This provided for the
establishment of inventories of existing standards in each
of the sectors and subsectors concerned on the basis of

which, CEN/Cenelec has established standardization
programmes, including proposing priorities which takes
account of economic importance, technical feasibility and
timeliness. They are also making proposals as to the
appropriate characteristics for such standards. As far as
telecommunications are concerned European
standardization is pursued by ETSI.

Following these reports and related debates, a mandate
has already been given for some 300 standards related to
the water sector. Progress is also taking place in the area
of standardization needed for the opening up of
procurement in the energy, transport and telecommunications sectors and the Commission has allocated

resources that will allow mandates to be given for
standardization in these areas.

However, although substantial progress is expected in a
time horizon of three to five years, the effort to create
European standards will have to be maintained over a
relatively long period and should not be seen as a
short-term measure. Regular reviews of progress will take
place.

WRITTEN QUESTION No 2978/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(18 January 1991)_

_(91/C_ 227/13)

_Subject:_ Lavatory/toilet facilities for travellers

I thank the Commission for its reply to my Written
Question 1581/90 ( [l] ) and am pleased to note that they
share my concern.

However I beg to register my surprise that they propose to
take no action. Unless they anticipate an early

No C 227/8 Official Journal of the European Communities 31. 8. 91

privatization of the Deutsche Bundesbahn and
comparable transport undertakings or the advent of
effective competitors in the sector, when do they expect
any real improvement?

I was not advocating the provision of expensive facilities
at every provincial station and bus stop. What I find
objectionable is that _bona fide_ travellers arriving at
international rail and bus stations may be denied an
essential facility freely available at airports.

The Commission has encompassed the minutiae of
seeking to achieve a Single Market, but it will indeed be
unfortunate if that market fails to respect the dignity and
basic human needs of its citizens arriving from abroad.
Arguably it would be a sign of civilized progress if such
facilities were also available for all travellers after or

before a long journey.

[O OJNoC6307.il. 3.](http://OJNoC6307.il) 1991, p. 32.

Answer given by Mr Van Miert
on behalf of the Commission

_(20 March 1991)_

The Commission continues to share the Honourable

Member's concern. Unfortunately, the Commission has
no authority to intervene in the matter, which is
essentially one that each Member State, and more
particularly each transport undertaking, must address for
itself, the more as this seems to be the only issue
compatible under the principle of subsidiarity. Transport
undertakings are indeed increasingly faced with the need
to have regard to the range and quality of services offered
by their competitors.

The Commission points out further that no infringement
of European Community law is involved.

In the course of the contact concerning consumer affairs
with Member States and transport undertakings the
Commission will however enquire of them concerning the
possible actions they might contemplate for the purpose
of improving the situation.

WRITTEN QUESTION No 3013/90

by Mrs Brigitte Ernst de la Graete (V)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 227/14)

_Subject:_ Free movement of workers and the transfer
system used for professional sports players

Has the Commission looked into the question of whether
there is a need for the transfer system, what the

advantages of the system are and any problems which
would be caused if it were abolished? Is any comparison
available between the situation in countries where the

transfer system no longer exists and that in countries
where it continues to exist?

Answer given by Mr Bangemann
on behalf of the Commission

_(26 April 1991)_

The Commission has not had any specific study made of
the transfer system, the way it operates in the Member
States where it is applied and its advantages or
disadvantages. It would draw the Honourable Member's
attention to Case C-340/90 (Bosman), which is currently
before the Court of Justice and which raises the problem
of the compatibility of some aspects of the transfer
system, as practised in Belgium, with Community law on
the free movement of workers.

As far as transfers are concerned, the Commission is
having talks with UEFA to secure the right for
footballers, when their contract expires, to start playing
immediately for a new club without being affected by
negotiations between the clubs involved in the transfer.

These talks are the first step towards the establishment at
European level of a standard contract for footballers
which would lay down general principles governing some
aspects of the contractual ties between clubs and
professional players.

If these first talks are successful, the question of a
standard contract will clearly then demand more detailed
discussions with all the parties concerned.

WRITTEN QUESTION No 3022/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(28 January 1991)_

(91/C 227/15)

_Subject:_ Community financing of the Portuguese gas
network

One of the principal objectives of Portuguese industry is
to have a domestic gas network which can subsequently be
linked up to the Community network via the Spanish
system.

In particular, Portuguese industry wishes such links to
enable Lisbon to be supplied through a new gas pipeline
from Huelva, Spain, while another pipeline would link
Braga to Galicia, Spain.

31. 8. 91 Official Journal of the European Communities No C 227/9

However, to achieve all these objectives, a major
Community financial contribution is needed, which
Portugal is keenly awaiting in order to start up these
projects.

How much Community support can Portugal expect to
receive?

Answer given by Mr Millan
on behalf of the Commission

(75 _April 1991)_

The Commission can confirm that, as part of the Regen
Community initiative, the Portuguese authorities have
requested Community assistance for the financing of the
Portuguese natural gas project.

The project involves the construction of a terminal for
liquid natural gas at Setubal and the laying of a gas
pipeline between Setubal and Braga. A link to the
European network through Spain is envisaged for a later
date.

The project presented by the national authorities is
currently being evaluated by Commission officials.

WRITTEN QUESTION No 3064/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(28 January 1991)_

(91/C 227/16)

_Subject:_ Child abduction treaties

As child abduction is becoming a more frequent crime in
Member States, could the Commission inform me how
many Member States have signed the Convention on the
civil rights of international child abduction (The Hague,
October 1980) and the European Convention on the
enforcement of decisions concerning custody of children
and on restoration of custody of children (Luxembourg,
May 1980)?

Answer given by Mr Bangemann
on behalf of the Commission

_(23 April 1991)_

The European Convention of 20 May 1980 on
recognition and enforcement of decisions concerning
custody of children and on restoration of custody of
children was concluded within the Council of Europe.
The Convention of 25 October 1980 on the civil aspects of

international child abduction is, for its part, a product of
the Hague Conference.

The Commission is unable, therefore, to supply official
information on which States have signed or ratified the
two Conventions.

On the basis of the information in its possession, the
Commission is able, however, without vouching for their
accuracy, to provide the following details:

The Council of Europe Convention of 20 May 1980

All Member States except Denmark have signed the
Convention. It has entered into force, after ratification, in
Belgium, France, Germany, Luxembourg, the
Netherlands, Portugal, Spain and the United Kingdom.

The Hague Convention of 25 October 1980

All Member States except Denmark have signed the
Convention. It has entered into force in the United

Kingdom, Luxembourg, Spain, the Netherlands,
Germany, France and Portugal.

As regard the work carried out by the Member States in
the context of European Political Cooperation, the
Honourable Member's attention is drawn to the answer

given by the Commission to Written Question No 952/90
byMrGlinne (*).

(') OJNoC233,17.9. 1990.

WRITTEN QUESTION No 57/91

by Mr Maxime Verhagen (PPE)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 227/17)

_Subject:_ Military coup in Suriname

1. Is the Commission aware of the recent coup in
Suriname which has put an abrupt end to the development
of democracy in that country?

2. Is the Commission prepared to denounce in strong
terms the action of the military in Suriname?

3. Is the Commission also of the opinion that the
European Communities, in view of this coup, should
suspend preparations for new development projects in
Suriname under the Lome IV Convention?

Answer given by Mr Marin
on behalf of the Commission

_(8 May 1991)_

In its statement of 10 January 1991, the Community and
its Member States strongly condemned the military coup
in Suriname on 24 December 1990.

^ o C ^ B B l O Official Journal of the European Communities ^1.8.91

As to community cooperation with ^uriname in the
framework of the Lome IV Contention, the Commission
will carefullyfollow the development in ^uriname hoping
that after the elections scheduled for ^iay, a new
government will decide and implement the indispensable
economic at^d social reform measures, fhe Commission
hopes thatonthisbasistheprogrammingforLomelV
funds can be made and decisions can be taken for the

efficient and coherent use of the funds still remaining
available under Lome 111.

^^i^r^^c^u^Ti^^^o^B^

by^rC^anfrancoEim^h

to the C^omr^ission of the European communities

^ ^ ^ ^ ^ ^ ^

^91BC^^B1^

^ ^ c r . C o m m u n i t y funding forasolid municipal waste
recycling plant in the pro^inceofRescarat^ltaly)

is the Commission aware that the provincial authorities of
Rescara ha^e approved apian ^Decisions ^os^D^ of 8
A i a r c h l 9 9 0, ^ B o f 19 April 1990 a n d ^ o f 10 ^iay
1990) to buildasolid municipal waste recycling plant in
the province ofRescara using Community funds,atacost
o f L i t ^, ^ ^ b i l l i o n ^ l t a l i a n C ^ c ^ ^ ^ ^ ^ o l ^ o f l ^
]anuary!990),despite the fact that, until now,the land on
which the plant is to be built has been unavailable^
^ioreo^er, the procedure for determining the site
indicated in the plan did not comply with national or
regionallaws, sincethisdecisionis theresponsibilityof
the regional authorities of Abruzzo following
consultation of the municipalities concerned, r h e
provincial authorities of Rescara, disregarding the
opposition expressed by the municipality of ^poltore and
the decree issued on ^0 August 1990 by the Abruzzo
Regional Administrative C^ourt, which stated that the
dumpingofthe recycled waste residue intheColleCese
tip would be harmful to the health of local residents, ha^e
gi^enordersforworktobeginonthelandinquestion.
^ioreo^er, they ha^e done so without obtaining the
opinions of the Departmental Eorestrylnspectorater^the
area is subject to special regulations governing water
resources), the local Public Plealth authorities and the
Ci^il Engineering department. Does the Commission not
consider that, for its part, it should ensure that theElC^
^theltalianln^estmentandEmploymentEund) revokes
or, in the case of funds already granted, suspends funding
forthispro^ect^

Answer ^iven by ^vtrC^hristophersen
onbehaifoftheC^omnnssion

r h e project referred to forms part of the!989 programme
of theElC^ ^Eondoln^estimentieC^ccupazione), which

was approved by the C1RE ^omitato Interministeriale
per la Rrogrammazione Economica) on 18 December
1989 and for which part funding through loans from the
European Investment Bank has been authorized. ^Phe
Plonourable AiembePscommentsha^ebeenbroughtto
the attention of the authorities responsible for the PIC^ to
enable them to take such action as may be appropriate.

Before entering into a formal commitment, the E1B,
which has not yet contributed to the financing of the
project, willwait for the abo^ementioned authorities to
provide the necessary explanations.

^ R l T ^ E ^ ^ E ^ T l ^ ^ ^ o ^ B ^ t

by^vir^ia^imeVerha^en^RRE)

to the commission of the European C^ommuniues

^91BC^B509)

^ ^ c ^ . The impact of ^Europe 199^on the developing
countries

neither the European Community nor the developing
countries yet ha^e enough information as to whether the
completionof theinternal market ^199^) will ha^e an
impact on the developing countries, and, if so, what that
will be. In particular, not enough is known about the
precise effects on the developing countries of the planned
harmonization of technical, phytosanitary and
environmental product standards.

1. Can the Commission indicate, in as much detail as
possible, the negative and positive impact on each
product group of the completion of the internal
market, as regards the access of the developing
countries to the European markets

^. If the Commission cannot,is it prepared to carry outa
study of the abo^e issue, or, if necessary, to
commission suchastudy from an external consultants

^. Is the Commission prepared to set up a support
programme of its own on the basis of suchastudy,to
minimize adverse effects and maximize the positive
impacts

Answer ^iven by Ivir^vlarm
on behalf of the commission

^ince the Commission shares theHonourable^iembePs

concern about the need foramore detailed assessment of

the impact of the completion of the internal market on the
developing countries, it has commissioned outside
consultants to conduct several studies on specific
geographical areas such as Latin America and the African,

31. 8. 91 Official Journal of the European Communities No C 227/11

Caribbean and Pacific States. Towards the end of this

year the Commission should be able to use the results of
these studies to draw up an overall assessment and
possible operational conclusions. The Commission is of
the opinion that these conclusions, subject to a more
precise definition of their nature and purpose, should
mainly be implemented via the various cooperation
instruments which already exist between the Community
and its partners in the developing world.

WRITTEN QUESTION No 104/91

by Mr Florus Wijsenbeek (LDR)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 227/20)

_Subject:_ Aviation cooperation

Now that the cooperation agreement between British
Airways, KLM and Sabena has been terminated, does the
Commission have any plans of its own for fostering sound
management and the efficient scheduling of services at
Brussels airport, given the importance of Zaventem to the
European institutions? Have the Commission's inquiries
in connection with control of competition anything to do
with the ending of this cooperation agreement? Does it
intend to terminate or continue proceedings? Is it now in a
position to complete its other inquiries into the position
of KLM?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(14 May 1991)_

The Commission cannot but be in favour of any project to
develop Brussels-National airport, as a nodal point in
Europe, provided that the planned arrangements comply
with the Community rules on competition. It cannot,
however, take the place of the airlines concerned or the
Belgian authorities in a matter of airport policy which
does not fall within its field of competence.

The Commission did invoke the powers conferred upon it
by Articles 9 and 11 of Council Regulation No 3975/87 in
its preparatory inquiries in the British AirwaysKLM-Sabena case. There is now no longer any case to
answer here since, because of economic and cyclical
factors, the three companies abandoned the project and
cancelled their agreement by 31 December 1990.

On the other hand, despite the efforts deployed by the
Commission a satisfactory solution has not yet been
found in the KLM-Transavia case.

WRITTEN QUESTION No 122/91

by Mrs Ursula Schleicher (PPE)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 227/21)

_Subject:_ Irregularities at French motorway tollgates
('peages')

Commercial drivers from the Federal Republic of
Germany have complained of having to pay more toll
(payable in French francs) at French motorway tollgates
than is indicated by the receipts issued.

Does the Commission know of such irregularities at
French motorway tollgates?

Answer given by Mr Van Miert
on behalf of the Commission

_(31 May 1991)_

The Commission is continuing to do all it can to ensure
that users of toll motorways and other infrastructure
enjoy complete transparency and non-discrimination in
the levying of tolls on all types of vehicle. As far as we can
ascertain, the cases in point are isolated ones which will
have to be dealt with at national level. We shall,
nevertheless, continue to monitor this situation closely
and any systematic discrimination against nationals of
one or more Member States will naturally prompt an
immediate response on the part of the Commission.

As regards any irregularities suffered by German road
hauliers in the levying of tolls on French motorways, the
Commission would inform the Honourable Member that:

(a) in addition to unit tolls there are a number of
different types of 'season ticket' arrangements which
may lead to some confusion in a comparison of the
amount actually paid and that shown on the receipt.
Since such 'season ticket' arrangements may be taken
up by anybody, it can only be assumed that the
haulier in question misinterpreted the situation
because he was unaware of the full facts. He is

advised to get in touch with the company operating
the motorway in question;

(b) if the haulier really was overcharged, either by
mistake or deliberately, by the toll collector, he can

No C 227/12 Official Journal of the European Communities 31. 8. 91

apply to the relevant French Government department
(Sous-direction des Autoroutes et Ouvrages
Concedes, Ministere de l'Equipment, du Logement,
des Transports et de la Mer).

WRITTEN QUESTION No 138/91

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 227/22)

_Subject:_ Aid granted by the Spanish Government to the
Hytasa firm

The Commission of the European Communities has sent
the Spanish Government a communication on state aid
granted to the firm Hytasa (entitled State Aid C22/90 (ex
NN 94/89) Spain) ('). Can the Commission state the final
outcome of the investigation, particularly, as regards the
lack of transparency in the granting of aid, the summary,
comments and rationales for the choices made,
concerning the offers of purchase received, and the
restructuring plan of the buyer, including details on
personnel policy and work force reduction measures?

O OJNoC320,20. 12. 1990, p,14.

Answer given by Sir Leon Brittan
on behalf of the Commission

_(23 April 1991)_

In July 1990 the Commission decided to initiate a
procedure, pursuant to Article 93 of the EEC Treaty, in
respect of the financial support supplied by the Spanish
Government to the State-owned Hytasa during the years
1986 to 1990 when it was finally privatized.

The Commission's investigation aims in particular at
verifying whether such support is likely to affect the
conditions of competition within the Community to an
extent which is contrary to the common interest.

At present the investigation is still in progress: there have
been several contacts between EC and Spanish officials
which have included many of the issues listed in the
question.

The final decision by the Commission on this case will be
announced according to the usual rules.

WRITTEN QUESTION No 144/91

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 227/23)

_Subject:_ Infringement of Community legislation

Under Ministerial Decision No 69269/5387 of 24

October 1990 published in _Official Gazette_ No 678 of 25
October 1990, Greece incorporated Directive 85/337/
EEC O into national law.

Article 12 of the Directive stipulates that 'Member States
shall take the measures necessary to comply with this
Directive within three years of its notification' (the
Directive was notified to the Member States on 3 July
1985).

Article 17 of the abovementioned Ministerial Decision,
which came into force 27 months late, exempts projects
which have already been implemented from development
consent for a four-year period. Directive 85/337/EEC
makes no provision for any such exemption and Article 17
(1) of the Ministerial Decision therefore constitutes an
infringement.

What steps does the Commission intend to take to put an
end to this infringement of Community legislation?

(') OJNoLl75,5.7. 1985, p. 40.

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

_(13 May 1991)_

The Commission has examined the Greek legislation in
question, which was communicated to it on 16 November
1990, and has established that certain provisions are not in
accordance with the Directive.

The Commission therefore reserves the right to take
appropriate action.

WRITTEN QUESTION No 156/91

by Mrs Claire Joanny (V)

to the Commission of the European Communities

_(20 February 1991)_

(91/C 227/24)

_Subject:_ Effects of Community policy on cultural life and
cultural diversity

The European Community's activities in the economic
sector have a major impact on all aspects of the lives of
European citizens.

31. 8. 91 Official Journal of the European Communities No C 227/13

Has the Commission ever taken into account explicitly the
unwitting effects that certain Community measures have
on the cultural life of European regions and states, for
example, greater standardization? Does it intend to
undertake further measures, for example to carry out
studies on this matter?

What effects has it noted so far?

More especially, what does it think of the danger of
standardization of cultures and the increasing trend
towards centralism in the cultural field?

Does is consider that such standardization has already
taken place? If so, to which specific fields does this apply?

Answer given by Mr Dondelinger
on behalf of the Commission

_(22 May 1991)_

All of the Commission's activities in the cultural sphere
have been inspired by a concern for cultural pluralism and
a desire to safeguard the cultural diversity and richness of
Europe.

In its conclusions of December 1990, the European
Council decided that the Intergovernmental Conference
on Political Union should consider the possibility of
writing a provision into the Treaty to safeguard the
diversity of Europe's cultural heritage and promote
cultural exchanges.

As stated in its opinion on Political Union, the
Commission considers that Community action in this
field will have to be guided by the principle of
subsidiarity.

WRITTEN QUESTION No 181/91

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_{20 February 1991)_

(91/C 227/25)

_Subject:_ Work in progress in frontier regions

Work has been continuing for some time to improve the
road between Menaggio and Lugano by straightening the
'Regina' arterial road along the stretch linking Grandola
and Uniti. The delay in completing the work appears
technically unjustified and is causing severe disruption to
road traffic in a region that is seeking to become a leading
tourist and business centre.

Can the Commission take steps, in agreement with the
Lombardy regional authorities, to enable the work to be

completed, as would be most desirable from the point of
view of a Community policy to aid frontier regions?

Answer given by Mr Van Miert
on behalf of the Commission

_(30 April 1991)_

Since the work to improve the 'Regina' secondary road is
not cofinanced by the Community (neither by the funds
available for transport infrastructure nor by the ERDF)
the Commission is not empowered to deal with the issue
raised by the Honourable Member, for which the relevant
national authorities alone are responsible.

WRITTEN QUESTION No 185/91

by Mr Mauro Chiabrando (PPE)

to the Commission of the European Communities

_(20 February 1991)_

(91/C 227/26)

_Subject:_ Doubling of the structural funds

In the light of the answer given on 17 April 1990 to an
earlier Written Question (No 905/90) (*) relating to the
trend in EAGGF Guidance Section appropriations, which
sought to establish whether and to what extent the
appropriations earmarked for agriculture are being
increased in line with current plans to double the
structural funds as a whole, can the Commission specify
the total amounts allocated in the last three years at least
(1986, 1987 and 1988) before entry into force of the
reform?

O OJNoC 328,31. 12. 1990, p. 22.

Answer given by Mr Christophersen
on behalf of the Commission

_(6 May 1991)_

As part of the reform of the structural Funds, the Council
decided at Article 12 (2) of Regulation (EEC)
No 2052/88 (') that the commitment appropriations for
the structural Funds (ERDF, ESF, EAGGF — Guidance
Section) should double in real terms by 1993.

This implies that total expenditure should increase from
ECU 7 200 million in 1987 to ECU 14 500 million (1988
prices) in 1993.

This across-the-board doubling of structural Fund
appropriations never implied that each Fund would see a
doubling of its own appropriations.

No C 227/14 Official Journal of the European Communities 31. 8. 91

With regard to EAGGF Guidance Section appropriations
shown in the original budget for the years 1986, 1987 and
1988, the amounts are ECU 779,1 million, ECU 917,7
million and ECU 1,131 million respectively.

(') OJNoL 185, 15.7. 1988.

WRITTEN QUESTION No 190/91

by Mr Sergio Ribeiro (CG)

to the Commission of the European Communities

_(20 February 1991)_

(91/C 227/27)

_Subject:_ TGV plan for Portugal

The recently adopted Master Plan for a European TGV
network does not take into account the views of

Parliament or the opinions which have been publicly
expressed on the matter with reference to Portugal.
According to the plan the only TGV link between
Portugal and France will be via Madrid.

The TGV route Madrid—Entroncamento—

Lisbon/Oporto will not assist the development of a
peripheral country such as Portugal, particularly its
interior, nor will it be the most advantageous, either
economically or socially, in terms of passengers and
freight.

Can the Commission state the reasons and criteria

determining the choice of the above route, and say
whether or not the CP-EP (Portuguese Railway
Company) has been consulted?

Answer given by Mr Van Miert
on behalf of the Commission

_(14 June 1991)_

The link between Portugal and Spain is one of the main
priorities set out in the master plan for the European
high-speed rail network presented by the Commission
late last year. It has yet to be established which route
would offer the most economic and social advantages.
This is being studied: the Community has contributed
ECU 800 000 from its 1990 budget towards this purpose.

The choice of route — a matter for the two Member

States concerned — has not been made at this stage.
Portugal's railway company, CP, is actively involved in
planning the Community network.

WRITTEN QUESTION No 219/91

Hy Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(18 February 1991)_

(91/C 227/28)

_Subject:_ Professional qualifications required of estate
agents

A remarkable boom in the building industry has occurred
in the tourist areas of the European Community,
particularly in Spain, where it has become a major
economic activity in coastal areas.

However, questions are constantly arising as to the
professional qualifications required in this sector, for
example, the question of whether national provisions
restricting certain activities to estate agents registered
with the appropriate professional body are in
contradiction with the provisions of the.EEC Directive of
January 1967 on freedom of establishment and freedom
to provide services for the self-employed in the real estate

sector.

In the light of the provisions of this directive are Member
States entitled to limit the right to carry out certain
activities in the real estate sector to members of a given
professional body?

Answer given by Mr Bangemann
on behalf of the Commission

_(3_ _June 1991)_

Council Directive 67/43/EEC (') of 12 January 1967 is
designed to facilitate freedom of establishment and
freedom to provide services in the real estate sector
through mutual recognition by Member States of
evidence of good repute and solvency.

However, it does not aim to harmonize the conditions
governing the taking-up and pursuit of the activity of
estate agent in the Member States. The question raised by
the Honourable Member is, therefore, still a matter for
the Member States. In other words, a Member State may
restrict the activity of estate agent to members of a given
professional body provided that it does not discriminate
against nationals of other countries.

(') OJNo 10,19. 1.1967.

31. 8.91 Official Journal of the European Communities No C 227/15

WRITTEN QUESTION No 237/91

by Mr Sotiris Kostopoulos (S)

to the Commission of the European Communities

_(18 February_ _1991)_

(91/C 227/29)

_Subject:_ Measures to protect seamen on merchant
shipping vessels in the Persian Gulf

Following the recent events in the Persian Gulf, it has
become clear that the lives of seamen in the Gulf war

zones are in danger. There are currently 120 Greek
merchant shipping vessels with 1 800 seamen on board in
the combat zone.

The guidelines given to ship captains for avoiding routes
west of the 54° east meridian do not lessen the danger,
given that they are not binding and that many ports in the
Persian Gulf, Israel, Lebanon and Egypt are excluded.

No measures have been taken for seamen in the Red Sea,
even though the war is spreading and its geographical
dimensions are unknown.

At the same time, there are reports that large shipping
companies are refusing to allow those seamen who wish to
return home to do so.

Does the Commission intend to take any steps to protect
seamen on European Community merchant shipping
vessels in the volatile area of the Persian Gulf?

Answer given by Mr Van Miert
on behalf of the Commission

_(29 April_ _1991)_

While sharing the Honourable Member's concern about
the difficult situation faced by merchant seamen in the
Gulf, the Commission feels the matter to be outside its
domain, since the Community cannot legislate outside its
territory. It is, moreover, for the Member States to take
whatever legal steps are necessary to protect their citizens.

WRITTEN QUESTION No 251/91

by Mrs Cristiana Muscardim (NI)

to the Commission of the European Communities

_(4 March_ _1991)_

(91/C 227/30)

_Subject:_ Community aid for southern Italy

The Italian glass manufacturer SIV, which is controlled
by the EFIM Group, intends to invest Lit 310 billion in

building a plant (Float) at El Ferol on the Atlantic coast of
Spain. Can the Commission take action to ensure that this
project, which will provide jobs for 300 people, is carried
out in one of the regions of southern Italy, where
unemployment is a more serious problem and where the
crisis facing industry is giving full rein to the spread of
organized crime, which is seen to offer alternative
employment?

Answer given by Mr Millan
on behalf of the Commission

_(19 April_ _1991)_

The Commission cofinances through the Structural
Funds a substantial volume of productive and
infrastructure investment in regions such as the
Mezzogiorno. The individual investment decisions of
companies are a matter for they themselves, not for the
European Commission.

WRITTEN QUESTION No 256/91

by Mr Ben Visser (S)

to the Commission of the European Communities

_(4 March_ _1991)_

(91/C 227/31)

_Subject:_ Eastern European inland waterway vessels in the
Rhine area

According to reports in, for example, the _Nieuwsblad_
_Transport_ of 5 January 1991, Eastern European inland
waterway vessels are operating at knock-down rates in the
Rhine area. The German Transport Ministry has issued
special licences for Czechoslovak vessels to transport
grain and other goods from German ports to destinations
in the Netherlands and Belgium as well as within
Germany.

In the view of the Board of the Netherlands Inland

Waterways Organization (ONS), the activities of these
Czech and Polish vessels nullify the effects of EC capacity
arrangements.

1. Can the Commission confirm that certain Eastern

European vessels are transporting loads in EC inland
waters at what can be described as knock-down or

dumping rates?

2. Does it not think that EC carriers who contribute to

the scrapping fund are exposed to unfair competition
from Eastern European carriers who do not
contribute to this fund?

No C 227/16 Official Journal of the European Communities 31. 8. 91

Is it not time that the compulsory bracelet tariffs were
extended to all EC inland waterways?

Answer given by Mr Van Miert
on behalf of the Commission

_(29 May 1991)_

1 and 2. The Commission would refer the Honourable

Member to its Answer to Oral Question No H-1316/90
by Mr Van den Waal.

The rates applied in Germany in the inland waterway
sector for international operations are not regulated but
those charged for domestic operations are subject to the
'Festfrachtensystem'.

3. The Commission is currently examining the
Community's relations with Eastern and Central
European countries in respect of surface transport. It will
be shortly presenting a proposal to the Council
authorizing the negotiation of agreements between the
Community and these countries on inland waterway
transport. A solution to the problem raised by the
Honourable Member might be found through this
channel.

WRITTEN QUESTION No 261/91

by Mrs Brigitte Ernst de la Graete (V)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 227/32)

_Subject:_ Bosman case

sportsmen

Free movement of professional

Answer given by Mr Bangemann
on behalf of the Commission

_(26 April 1991)_

The Commission is looking into the matter and will in due
course state its position during the proceedings currently
pending before the Court of Justice.

The Commission has received a complaint concerning the
matter raised by the Honourable Member. It is examining
whether the details of the case justify initiating
proceedings under Regulation (EEC) No 17/62 (').

As far as transfers are concerned, the Commission is
having talks with UEFA to secure the right for
footballers, when their contract expires, to start playing
immediately for a new club without being affected by
negotiations between the clubs involved in the transfer.

These talks are the first step towards the establishment at
European level of a standard contract for footballers
which would lay down general principles governing some
aspects of the contractual ties between clubs and
professional players.

If these first talks are successful, the question of a
standard contract will clearly then demand more detailed
dicussions with all the parties concerned.

O OJNo 13,21.2. 1962.

WRITTEN QUESTION No 264/91

by Mr Ian White (S)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 227/33)

_Subject:_ English for speakers of other languages

Would the Commissioner please advise:

1. What language provision is available for settlers in
European countries?

2. How is provision funded?

3. What incentives are offered to potential students?

4. Do students pay for these courses?

5. Are there any subsidies for students who are
unemployed?

6. What criteria are used to decide who is eligible to join
a class?

1. On the application of Articles 3 and 48 of the Treaty

The President of the Court of First Instance in Liege,
meeting in summary procedure, has referred a matter to
the Court of Justice for a preliminary ruling. The case
raises the question of the compatibility of the transfer
system for professional footballers with Articles 3 and 48
of the Treaty.

What is the Commission's view on this question?

2. On the application of Articles 85 and 86 of the
Treaty

On 11 April 1989 the European Parliament adopted a
resolution on free movement of professional sportsmen in
the Community, taking the view that the transfer system
in the world of professional sport is in breach of
Articles 85 and 86 of the Treaty. The Commission is also
currently considering a specific complaint on this subject.
How does it view the problem?

31. 8. 91 Official Journal of the European Communities No C 227/17

Answer given by Mrs Papandreou
on behalf of the Commission

_(6_ _June 1991)_

Such provision is a matter for Member States and public
authorities within Member States. The Commission will

transmit directly to the Honourable Member and to the
Secretariat General of Parliament a study on foreign
language education in public education systems which
was produced by the Eurydice information network.

WRITTEN QUESTION No 300/91

by Mrs Raymonde Dury (S)

to the Council of the European Communities

_(4 March 1991)_

(91/C 227/34)

_Subject:_ Rail fares for cross-border journeys

I have the impression that rail tickets for cross-border
journeys cost more than those for journeys of a similar
length within the same country. If this is indeed the case it
will discourage travel between Member States and
financially penalize frontier-zone workers. Could the
authorities in the Member States not take steps to ensure
that the railway companies remedy this situation by
introducing a standard day-return fare for frontier zone
travel?

Answer

_(24 July 1991)_

The railway authorities are at liberty to set the prices and
conditions for carrying passengers and baggage in
international traffic between Member States. The

introduction of a day-return fare for frontier-zone travel
is therefore the sole responsibility of the railway
companies' authorities.

According to the present text of Council Decisions
75/327/EEC ('), 82/529/EEC ( [2] ) and 83/418/EEC ( [3] )
and the implementing measures adopted by the Member
States, the railway authorities have commercial
independence in the management of their international
goods and passenger transport.

It should, however, also be noted that on 19 December

1984 the Council issued a recommendation to the national

railway companies of the Member States on strengthening
cooperation in international passenger and goods
transport ( [4] ).

The Council asked the railway authorities to take steps in
the areas of passenger and goods transport relating to
marketing, management, exchange of information,
internal barriers at frontiers, liability arrangements, staff,
sales and transport rates, and technical organization and
services.

Concerning sales and transport rates for passenger
transport, the Council recommended the introduction of
an integrated European tariff independent of national
tariffs, having regard to the costs and markets under
consideration.

It is on the basis of the objectives set out in that
recommendation and in the light of existing regulations
that various commercial initiatives and decisions

regarding fares have already been taken by several rail
networks in order to limit certain problems connected
with cross-border journeys.

(') O J N o L l 5 2, 12. 6. 1975, p. 3.
( [2] ) OJNoL234,9. 8. 1982, p. 5.
(') OJNoL237,26. 8. 1983, p. 32.
( [4] ) Recommendation 84/646/EEC: OJ No L 333, 21. 12. 1984,
p. 63.

WRITTEN QUESTION No 308/91

by Mrs Anna Hermans (PPE)

to the Commission of the European Communities

_(4_ _March 1991)_

(91/C 227/35)

_Subject:_ Cooperation with Sri Lanka

Now that the Community is undertaking to carry out
systematic on-the-spot assessments of the human rights
situation in third countries as part of development
cooperation with the latter, can the Commission say how
the main Community cooperation projects and
programmes with Sri Lanka are being affected by the
tense situation in this country and what the implications
will be for cooperation between the Community and Sri
Lanka?

Answer given by Mr Matutes
on behalf of the Commission

_(29 May 1991)_

The Commission has on several occasions during the last
year answered questions from Members of the European
Parliament stating the Community's position on
development cooperation with Sri Lanka as presented in
the Declaration of _22_ October 1990.

No C 227/18 Official Journal of the European Communities 31. 8. 91

The EEC will be considering its future assistance for the
development of Sri Lanka's economy with reference,
among other factors, to the Government's performance
with regard to human rights.

Concerning the financing of specific projects in Sri Lanka,
it can be noted that the Commission is concentrating its
efforts on projects which are for the direct benefit of the
rural population in villages with a high concentration of
poor people.

The activities in development cooperation with Sri Lanka
for 1990 were as follows:

a) commitment of ECU 2,5 million for EC technical
assistance for village-based community development
programmes with a specific view of increasing
agricultural productivity;

b) commitment of ECU 6,3 million for the rehabilitation
of minor irrigation and improved village-based water
management in the North-Western Province;

c) cancelling of ECU 25 million (committed in 1987) for
the Mahawell Right Bank irrigation project, as it
could not be implemented in view of the unrest in the

area.

WRITTEN QUESTION No 313/91

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 227/36)

_Subject:_ Specific training in general medical practice

Directive 86/457/EEC ( [x] ) obliges Member States to
institute specific training in general medical practice.
Since 1988, they have been obliged to introduce a plan for
training in this field according to the broad proposals
outlined in the Directive. Have all the Member States

fulfilled this obligation? Are there any delays or particular
difficulties?

(') OJNoL267, 19.9. 1986, p. 26.

Answer given by Mr Bangemann
on behalf of the Commission

_(23 April 1991)_

All Member States, with the exception of Italy, have taken
the necessary measures under Directive 86/457/EEC to
institute specific training in general medical practice.

It should be noted that, by virtue of Article 1 of the
Directive, Luxembourg is exempt from the obligation to

institute such training on its territory and that the
competent authorities in some German Lander still have
to adopt certain measures transposing the Directive into
national law.

An infringement procedure under Article 169 of the EEC
Treaty was initiated against Italy, and the matter is now
before the Court of Justice of the European Communities.

WRITTEN QUESTION No 314/91

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 227/37)

_Subject:_ Health problems affecting trade in fresh meat

Council Directive 88/288/EEC (') on health problems
affecting trade in fresh meat is not being adequately
implemented by the Federal Republic of Germany,
Greece, Italy and Spain. What is the current state of
progress of the infringement proceedings which have
been initiated against these countries?

O OJNoL 124, 18.5. 1988,p.28.

Answer given by Mr MacSharry
on behalf of the Commission

_(14 May 1991)_

Infringement procedures for failure to transpose
Directive 88/288/EEC have been initiated against Greece
and Italy. Reasoned opinions on the matter were
addressed to the two Member States on 30 October 1990.

Germany and Spain incorporated the Directive in their
legislation within the stated time.

An infringement procedure is currently under way against
Italy for incorrect application of Directive 88/288/EEC.
It follows a complaint concerning Italy's adoption of a
decree regulating health checks on animal products and
strikes by veterinarians. The Commission has decided to
bring the matter before the Court of Justice.

No infringement procedure for incorrect application of
Directive 88/288/EEC is under way against any of the
other three Member States mentioned by the Honourable
Member.

31. 8. 91 Official Journal of the European Communities No C 227/19

WRITTEN QUESTION No 323/91

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 227/38)

_Subject:_ New cattle fence near the Okavango Delta in

Botswana

The Okavango Delta in Botswana is currently under
serious threat. A cattle fence is planned on the northern
edge of this region, lying directly across the migratory
paths of many species of animal, whose normal access to
water supplies in the Delta will also be cut off. The fence
is required for large-scale cattle breeding, which is
encouraged by the favourable terms applying to exports
to the Community.

1. Has an environmental impact assessment been
conducted with regard to the current siting of the
planned fence? What arguments have been put against
this location?

2. Why does the Government of Botswana prefer this
location to other possible sites?

3. Who will carry out the project? Has the Commission
been asked to provide a subsidy, and if so, by whom?

4. Does the Commission not consider that the planned
fence conflicts with the protection of the ecosystem of
the Okavango Delta?

5. What steps does it intend to take to prevent
developments in Botswana which result in the
disappearance of the internationally significant
wetland and to serious desertification?

Answer given by Mr Marin
on behalf of the Commission

_(8_ _May 1991)_

The Commission has been following closely the
controversy which has arisen as a result of the
Government of Botswana's decision to set up a cattle
fence covering the northern part of the Okavango, along
the borderline established some years ago by the Ministry
of Local Government and Lands, which separates the
pastoral, arable and residential land to the north from the
wildlife management area of the Okavango to the south.

1. and 2. No environmental impact assessment as such
by an independent consultant has so far been made, but
the decision to fence has nevertheless been preceded by
elaborate discussions and exchange of views with the local
population and also with conservationist institutions
active in and outside Botswana.

The conservationists are not _per se_ opposed to the fence.
One of the fences recently built (e.g. the southern cattle

fence built in 1982 covering the western and southern
approaches of the Delta) has proved a blessing in disguise
by preventing cattle from encroaching further into the
Delta. The conservationists would nevertheless have

preferred to draw the borderline of the new fence more to
the north. The local population (many of which are small
cattle owners) on the other hand are dissatisfied with the
actual alignment which prevents their cattle penetrating
further into the Delta. They would have preferred to draw
the line further south in the Delta.

The alignment adopted is therefore a compromise
between both extremes. Its impact on wildlife will be
minimal as no major migration of wildlife takes place in
the area. This can be safely gathered from the experience
of the southern cattle fence.

3. The fence project is to be financed by Kuwait funds.
The Commission has not been approached for its
financing. The Government will implement the project.

4. The Commission shares the view of the

conservationists who have indicated that the

environmental effects of fencing in the Okavango have
also been positive. The existing southern cattle fence has
undoubtedly prevented large-scale invasion of the Delta
by cattle. Its conservation value thus cannot be
overestimated.

The Commission presumes that the new cattle fence will
have a similar effect. If this fence is not erected, the
livestock raisers will penetrate further into the northern
part of the Okavango, causing major and probably
irreparable damage.

5. The Commission is in constant dialogue with the
Botswana Government on these issues. The attitude of the

Government has so far been open and cooperative. The
European Development Fund has financed projects in the
field of conservation and wildlife development since 1977.
At present a large project in this sector (ECU 6 million) is
under preparation and will be presented shortly to the
EDF Committee. This project, which will cover parts of
the Okavango, puts emphasis on wildlife conservation
and the protection of nature. As agreed with the
Government in the new National Indicative Programme
of Aid to Botswana, this type of project will also be
pursued in the future.

WRITTEN QUESTION No 332/91

by Mr Egon Klepsch, Mr Elmar Brok and Mr Jean Penders
(PPE)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 227/39)

_Subject:_ US—EC relations

How does the Commission consider that US-EC relations

should develop over the next few months, now that

No C 227/20 Official Journal of the European Communities 31. 8. 91

Germany is unified and the Community is nearing
completion of the single European market?

Does the declaration, now being signed between the EC
and the US, imply that there will be closer cooperation
between the US and the EC in new sectors?

Does the Commission believe that closer relations will

lead to the institutionalization of US-EC relations in the

longer term?

What possibilities exist for the Community and the US to
work together within the CSCE with a view to promoting
a new European security order?

Answer given by Mr Andriessen
on behalf of the Commission

_(16 April 1991)_

EC/US relations have been growing steadily stronger and
more extensive over the last 18 months. This has, _inter_
_alia,_ been the result of the Community's progress towards
economic and political integration as well as the
consequence of developments in Central and Eastern
Europe and reflects the recognition by both sides of the
importance of the transatlantic relationship.

The EC/US Transatlantic Declaration, adopted on 23
November 1990, marks this new phase in the bilateral
relationship and affirms the intent of both parties to
consult and cooperate in areas of common interest.

The further perspective of institutionalization of EC/US
relations remains open. The Transatlantic Declaration
contains what may be termed an 'evolutionary clause'
which states that 'both sides are resolved to develop and
deepen . . . procedures for consultation so as to reflect the
evolution of the European Community and its
relationship with the United States'.

The consultation clause of the Declaration refers, _inter_
_alia,_ to close cooperation between the two parties in
appropriate international bodies. Such bilateral
cooperation in the CSCE will certainly help to further our
shared aims of promoting the spread of democracy
throughout the continent of Europe and encouraging the
international collaboration necessary to ensure its
security, economic prosperity and environmental safety.

WRITTEN QUESTION No 334/91

by Mr Herman Verbeek (V)

to the Council of the European Communities

_(4 March 1991)_

(91/C 227/40)

_Subject:_ EC policy on climatological change

As shown by its position on policy on climatological
change, the Energy/Enviroment Council came to the
conclusion at its meeting of 29 October 1990 that reform
of energy and transport policy should be made a
worldwide priority in order to reduce carbon dioxide
emissions into the atmosphere. At the same time, energy
policy should continue to guarantee economic growth.

1. How would the Council define economic growth ?

2. What link does the Council see between economic

growth and developments in energy use and traffic
volume?

3. What measures will the Council propose, in view of
the objective set on 29 October, to stop economic
growth in the conventional sense (which is
inseparately linked with rising CO2 emissions), in the
light of growth anticipated as a result of the internal
market and other considerations?

Answer

_(24 July 1991)_

I. The EEC Treaty does not offer any definition of
economic growth.

However, in the Preamble to the Treaty, the Member
States affirm 'as the essential objective of their efforts the
constant improvement of the living and working
conditions of their peoples'.

Furthermore, in Part One of the EEC Treaty (principles)
Article 2 lays down, among other things, that the
Community shall have as its task... 'to promote
throughout the Community a harmonious development
of economic activities, a continuous and balanced
expansion, an increase in stability, an accelerated raising
of the standard of living . . .' etc.

When they amended the Treaty by means of the Single
Act, the Member States stated in the Preamble that they
were 'determined to improve the economic and social
situation by extending common policies and pursuing new
objectives . . .'

31. 8. 91 Official Journal of the European Communities No C _227/21_

By means of Article 25 of the Single Act, a Title VII
(Articles 130r to 130t) was added to the EEC Treaty
concerning action by the Community relating to the
environment.

The objectives of such action and the principles on which
it is based are set out in paragraphs 1 and 2 respectively of
Article 130r:

'1. Action by the Community relating to the
environment shall have the following objectives:

— To preserve, protect and improve the quality
of the environment;

— to contribute towards protecting human
health;

— to ensure a prudent and rational utilization of
natural resources.

2. Action by the Community relating to the
environment shall be based on the principles that
preventive action should be taken, that
environmental damage should as a priority be
rectified at source, and that the polluter should
pay. Environmental protection requirements shall
be a component of the Community's other
policies.'

II. As far as the possible link between economic growth
and energy use and traffic volume is concerned, the
Honourable Member's attention is drawn to the various

initiatives to:

— limit energy consumption (1995 energy objectives,
multiannual Thermie programme, in force since 1
January 1990, SAVE programme recently submitted
by the Commission to the Council, which also
provides for a certain degree of taxation of energy
use);

— alter policy on traffic, especially road traffic, in the
direction of a gradual reduction in private road
transport, both for people and goods, in favour of
public transport.

III. In adopting the conclusions of 29 October 1990,
which were also intended for the Second World

Conference on Climate (Geneva, November 1990), the
joint Council meeting to which the Honourable Member
refers had principally in mind urgent action to stabilize
CO2 emissions, in particular those resulting from the use
of energy from fossil fuels.

Although that objective is an end in itself, the importance
for developing or industrializing countries of achieving
economic growth, whilst complying with objectives
concerning energy efficiency and limiting CO2 emissions,
should not be neglected.

In this respect it should be pointed out that developments
in the highly industrialized Member States of the
Community show that it is possible to dissociate economic
growth from energy consumption.

At its meeting on 20 and 21 December 1990, the
Environment Council held a detailed discussion on'the

question of limiting CO2 emissions, with particular
attention being paid to the use of economic and fiscal
instruments.

Finally, the Honourable Member will be aware that the
powers devolved upon the Council by the EEC Treaty in
the areas in question are exercized on the basis of a
proposal from the Commission.

WRITTEN QUESTION No 400/91

by Mr Roberto Speciale (GUE)

to the Commission of the European Communities

_(11 March 1991)_

(91/C 227/41)

_Subject:_ 1991 ceiling for aid to shipyards

The new ceiling of 13 % — a 7 % reduction — for aid to
shipyards has met with a widespread negative response on
the part of the beneficiaries who have drawn attention to
certain problems that should be cleared up, such as:

— inadequate analysis of the information underlying the
decision, particularly the failure to give full
consideration to all the relevant statistics provided by
the shipyards and international statistics on aid
policies in competing countries;

— inadequate analysis as a result not only of current
hostilities, but also as a result of the unforeseen fall in
sales prices;

— incorrect interpretation of the Seventh Directive since
the reference to more competitive performance should
not be applied to one shipyard only, but rather to a
number of shipyards among the best producers.

For all these reasons, can the Commission urgently state
whether it intends to:

(a) reopen the file on the fixing of the 1991 ceiling
having regard to the comments made since taking its
decision;

(b) adjust current research methods which produce
results that conflict with those obtained by the parties
concerned both as regards the assessment of the
situation and the final results?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(16 April 1991)_

The market study mandated to an independent
consultancy by the Commission in order to determine the

No C 227/22 Official Journal of the European Communities 31. 8. 91

prevailing difference between the cost structures of the
most competitive Community yards and the prices
charged by their main international competitors as
required under Article 4, paragraph 2 of the Sixth
Directive on aid to shipbuilding, was carried out in full
and in close collaboration with the European shipbuilding
industry, both as to vessel types to be included in the
comparison and to the representative sample of
Community yards building these vessels. The most
competitive costs for each vessel type were therefore
established on the basis of information from a number of

yards.

Prices charged by the Community's main international
competitors were established on the basis of an exhaustive
data collection from various sources. The results of the

1990 study reflected a generally acknowledged
improvement in world prices and market conditions
which, when linked with an increase in productivity in
Community yards, indicated a gap considerably below
13%. The consultants also considered the effects of the

Gulf crisis but, although acknowledging a temporary
standstill in order intake, found no evidence to suggest
this has had any disruptive effects on price. However,
since this and other factors were continuing to cause
uncertainties in the market the Commission decided, after
taking these into account, to set the 1991 ceiling at 13 %.

As regards reconsideration of the level, Article 4,
paragraph 3 of the Directive already provides for a review
of the ceiling in less than the normal 12 months, if
warranted by exceptional circumstances. However, the
Commission has so far found no justification in the
development of the market to activitate this provision.

In past years the Commission has always demonstrated a
willingness to consider constructive suggestions for
improvement in the methodological approach for the
yearly study and always holds preliminary discussions
with the industry at the outset. The Commission will
continue to take this approach in the future.

WRITTEN QUESTION No 401/91

by Mr Florus Wijsenbeek (LDR)

to the Commission of the European Communities

_(11 March_ _1991)_

(91/C 227/42)

_Subject:_ Working conditions in the EC Office in
Washington, DC

Is the Commission aware of the comments by its
representative in the United States reported on page 18 of
its own staff courier No 523 of November 1990?

Can it state the nature of the problems to which Mr van
Agt refers in these comments?

Does it think that these problems stem from a lack of
leadership by the above official, who is still employed in
his post with responsibility for on-the-spot coordination
of policy?

Can it indicate the duties of the other 59 members of the

delegation staff, in addition to the 11 named on the
relevant page of the staff courier?

Does it consider the opinion expressed by its
representative that this total of 70 staff is insufficient to be
correct and justified?

Can it say whether it considers that it is well represented
by this official, who clearly cannot deal with the
management problems in his staff, how long it wishes to
keep him in this post and how long this contract of
employment is due to last, particularly in this post?

Answer given by Mr Andriessen
on behalf of the Commission

_(27 May_ _1991)_

The Commission is aware of the interview given by the
Head of Delegation in Washington DC to the _Courrier_ _du_
_Personnel and._ published in the November 1990 issue of
that magazine.

The management problems referred to in that interview
are no different to those that occur in virtually all
organizational structures of a similar kind. They stem
both from the size and the complexity of the Delegation
concerned in that officials not only from DG I but also
from quite a few other DGs are posted to Washington.

There is no reason whatsoever for these management
problems to be ascribed to a deficient on-the-spot
leadership; they are inherent in any organization of the
size and type of our US Delegation.

The Washington Delegation comprises 20 officials (one
of them in San Francisco) and 40 local agents (including
three in San Francisco). Press and Public Affairs is by far
the largest unit within the Delegation: 2 officials and 23
local agents. The officials not already mentioned in the
_Courrier_ _du_ _Personnel_ and the local agents are assisting the
Heads of Section.

As the Head of Delegation rightly pointed out, the
Washington Delegation needed additional staff for
political affairs and administration; this need has recently
been met.

31. 8. 91 Official Journal of the European Communities No C 227/23

WRITTEN QUESTION No 425/91

by Mr Marc Galle (S)

to the Council of the European Communities

_(11 March 1991)_

(91/C 227/43)

_Subject:_ Concessions in the field of trade for Maghreb
and Mashreq countries

The EC Foreign Ministers are understood to have
decided, at the end of December 1990, to allocate ECU
4 405 million for Jordan, Egypt, Israel, Syria, Lebanon,
Morocco, Tunisia and Algeria in the period 1992—96.

The agreement also provides for concessions in the field
of trade and the accelerated removal of tariffs for certain

agricultural products.

Can the Council indicate what concessions are involved

and what agricultural products are affected by this
accelerated removal of tariffs?

Answer

_(24 July 1991)_

1. At its meeting on 18 and 19 December 1990, the
Council stated its position on the various aspects of the
redirected Mediterranean policy. In this context it
adopted the negotiating directives for the fourth Financial
Protocols with the Maghreb and Mashreq countries and
Israel, a Resolution on new 'horizontal' financial
cooperation with all the partners in the region, and
statements concerning in particular respect for human
rights, the promotion of democratic values and the
general principles of the Community's cooperation policy.
One final aspect, no less important, concerning trade with
Mediterranean non-member countries, is the subject of a
Resolution by the Council and the Commission.

In this Resolution the Community, which sees the
promotion of exports from Mediterranean non-member
countries as one important way of contributing to their
economic development, agrees on the need for maximum
efforts to facilitate the growth of trade in the region and
to give these countries' exports easier access to the
Community market and the external market.

At the same time it points out that these countries need to
diversify their production and exports.

2. In accordance with the guidelines adopted, the
improved trading arrangements with the countries
concerned will involve in particular:

— faster dismantling by the Community of tariffs on all
agricultural products covered by the Additional or

Supplementary Protocols, which will be completed by
1 January 1993 instead of 1 January 1996; any customs
duties still applied to these products originating in
Spain or Portugal by the Community as constituted
prior to 31 December 1985 will be removed at the
same rate; and

— an annual increase of 5 % over the period 1992 to 1995
in the tariff quotas and reference quantities laid down
in the Additional and Supplementary Protocols,
except in the case of certain sensitive products for
which the increase will be 3% _(viz._ cut flowers, new
potatoes, oranges, mandarins, Clementines and other
hybrids, orange juice, wine and tomatoes). This
increase will also apply to the same products
originating in the Canary Islands.

In addition, the Community stated that it was in principle
prepared, under certain conditions, in the light of the
outcome of the Uruguay Round and provided that the
countries concerned actually honoured the obligations
arising therefrom, to negotiate a return to the system of
free _access_ to the Community market for textile products
originating in Mediteranean non-member countries.

Lastly, the Resolution provides for:

— an assessment of the economic impact of the rules of
origin by the Commission, which will, if appropriate,
submit proposals for improving these rules;

— the stepping up of technical assistance to operators in
non-member Mediterranean countries to enable them

to adjust more effectively to the constraints of the
European market and external markets.

3. The Commission submitted implementing proposals
on the basis of the above guidelines on 31 May 1991.

WRITTEN QUESTION No 443/91

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(11 March 1991)_

(91/C 227/44)

_Subject:_ Vehicle pollution

Is the Commission aware of the new study by OECD
which suggests that cuts in air pollution achieved by the
introduction of 'greener' cars will be wiped out within a
decade, and what is its response?

No C 227/24 Official Journal of the European Communities 31. 8. 91

Answer given Ripa di Meana
on behalf of the Commission

_(3_ _May 1991)_

The Commission is not familiar with the OECD study
mentioned, but is aware of the problem that an increase in
traffic can lead to an increase in emission.

A study on a forecast of the emissions from motor
vehicles in the Community has therefore been carried out
by the Commission.

The first interim report shows an increase in the number
of passenger cars from about 115 million in 1985 to an
estimated 140 million by the year 2000 and an increase in
the number of trucks and buses from about 15 million to

almost 20 million.

The forecast of emissions presumes the implementation
of all EC proposals for tougher exhaust emission norms
for passenger cars and light and heavy duty trucks and the
introduction of periodic inspection and emission control
programmes in all Member States.

The forecast for NO x emissions predicts a slight increase
for the period 1985 to 1991/92 and thereafter a decrease
which is estimated to bring the emission down by about
10% compared to the 1985 situation.

The CO and volatile organic compounds (VOC)
emissions is estimated to be almost 40 % lower in the year
2000 compared with 1985.

WRITTEN QUESTION No 450/91

by Mrs Nel van Dijk and Mr Herman Verbeek (V)

to the Commission of the European Communities

_(19 March 1991)_

(91/C 227/45)

_Subject:_ Cutting private car fuel consumption —
'gas-guzzler tax'

1. Is the Commission aware of the proposal by the US
Senators Bryan (Democrat) and Gorton (Republican) that
car manufacturers be obliged to reduce the average fuel
consumption of cars in the United States from 8,6 to 5,4
litres per 100 km within ten years?

2. Can it give figures for the average fuel consumption
of cars in the Member States of the European
Community?

3. If not, is it prepared to carry out an investigation in
the near future in order to obtain this information and to

forward its findings to the European Parliament?

4. Is it prepared to consider introducing legislation to
require the car industry to work towards a drastic
reduction in private car fuel consumption along the lines
of the Bryan/Gorton proposal?

5. Is it prepared to draw up a proposal, in the context
of economic union, for the reform of the various taxes on
car ownership with a view to ensuring that, to promote
lower energy consumption, high-consumption cars are
taxed more heavily than fuel-efficient cars (gas-guzzler
tax), without thereby reducing the tax revenue of the
Member States?

Answer given by Mr Bangemann
on behalf of the Commission

_(3_ _May 1991)_

The Commission is on the point of putting forward
measures which it considers necessary in order to
implement the Community plan aimed at stabilizing CO2
emissions in the year 2000 at the 1990 level adopted by the
Council on 30 October 1990.

For this purpose the consumption of road vehicles, which
account for roughly 19% of CO2 emissions, is of great
significance.

Various energy-management instruments are potentially
available: technical regulations governing the product,
voluntary commitments by manufacturers, research
incentives and taxation tailored to the product as for
energy. None of these instruments has been ruled out in
the analysis currently taking place. It is even probable that
the search for optimum efficiency will require
patchworking of all of these approaches.

The Commission is closely following the outcome and
further development of the decisions taken in the United
States to introduce an overall standard for each

manufacturer under the name of Corporate Average Fuel
Efficiency which is intended to be tightened up in the
years ahead. However, it is viewing the American model
with caution since several Community Member States
have already adopted more advanced energy policies.

One of the preconditions attached to the monitoring of
the consumption of vehicles marketed in the Member
States is uniform implementation of Directive
80/1268/EEC on the measurement of the fuel

consumption of private cars('), but this has not been met
owing to the optional nature of that Directive. The
Commission intends to propose that this be made
mandatory.

O OJNoL375,21. 12. 1980.

31. 8. 91 Official Journal of the European Communities No C 227/25

WRITTEN QUESTION No 453/91

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(19 March 1991)_

(91/C 227/46)

_Subject:_ NOW programme

The Information and Documentation Centre for Women

and Families is holding its next congress in June 1991 in
Poitou-Charentes on a very important theme:
'Information for women in rural areas in Europe as a tool
for local development'.

What contribution can the Commission make to this

theme, which is essential for the future of rural areas?
How can this theme be incorporated into Community
programmes aimed at rural areas (e.g. Leader)?

What place will rural areas (in particular 5b areas) have in
the NOW (New Opportunities for Women) programme,
the Community initiative to promote equal opportunities
for women in employment and training?

Answer given by Mrs Papandreou
on behalf of the Commission

_(8 May 1991)_

The Community programme Leader ('), adopted by the
Commission on 15 March 1991, aims to support
initiatives from rural communities at local level, and
applies to objective 1 and 5b areas. The responsibility for
defining and implementing a development strategy lies
with these communities of men and women.

There is no reason why local rural communities should
not take into account ideas emerging from the congress
referred to by the Honourable Member.

By carrying out transnational operations, the Community
initiative NOW, adopted by the Commission on 18
December 1990 ( [2] ), aims to develop common approaches
to training for women and to their integration into the
labour market. The priority objective is to involve the
Community's less developed regions in the action to be
taken in favour of women in view of the requirements of
the single market.

In particular, NOW aims, first, to give new and added
value to and promote women's qualifications and to assist
in a change in the enterprise culture, to enable them to
create their own enterprise or cooperative, and, second, to
assist the reinsertion of women into the 'regular' labour
market to avoid an aggravation in their exclusion from the

labour market, and to prevent insecurity in women's
employment.

Measures will therefore be developed throughout the
Community in favour of long-term unemployed women
and women wishing to re-enter the labour market after a
long interruption for family reasons. In objective 1, 2 and
5b areas, the Commission will also finance measures in
favour of unemployed women and women in insecure
employment.

O OJNoC73, 19. 3. 1991.
( [2] ) OJNoC327,29. 12. 1990.

WRITTEN QUESTION No 467/91

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(19 March 1991)_

(91/C _227/47)_

_Subject:_ Romanian orphanages

Following the meeting of Mr Andriessen and the
Romanian Foreign Minister Mr Adrian Nastase (14
February 1991), could the Commission inform me
whether EC aid to the Romanian orphanages was
discussed and what was the outcome of this meeting in the
context of possible further EC aid for these orphanages?

Answer given by Mr Andriessen
on behalf of the Commission

_(14 May 1991)_

The subject of European Community aid to Romanian
orphanages was raised during Mr Andriessen's
discussions with Mr Nastase. Preparations are under way
for the next phase of EC aid which will have a
medium-term focus with an emphasis on improving the
quality of child care as well as continuing refurbishment
work on the physical infrastructure of the orphanages and
other institutions.

WRITTEN QUESTION No 476/91

by Mr Reimer Boge (PPE)

to the Commission of the European Communities

_(19 March 1991)_

(91/C 227/48)

_Subject:_ Delayed coresponsibility levy payments

In its Annual Report concerning the financial year 1989,
the Court of Auditors found that there had been

No C 227/26 Official Journal of the European Communities 31. 8. 91

considerable delays in declaring and paying over
coresponsibility levy monies in the cereals sector. For the
period from July to September 1989 and from October to
December 1989, for example, the sums outstanding were
FF 948 million (ECU 137 million) and an estimated FF
432,2 million (ECU 62,5 million) respectively.

What action does the Commission propose to take to
enforce Community law and make sure that the sums
concerned, which have been deposited in interest-bearing
blocked accounts, are transferred immediately?

Answer given by Mr MacSharry
on behalf of the Commission

_(21 May 1991)_

Regulation (EEC) No 2712/89 ( [l] ) lays down that interest
on overdue payments is due in all cases where the
coresponsibility levy on cereals is paid after the time-limit.
The interest is credited to the EAGGF-Guarantee

Section. The amounts due are currently paid over without
major delays.

With regard to the sums mentioned by the Honourable
Member and due by France for the 1989—90 marketing
year, these were paid over by the operators to the French
paying agency and were credited to the EAGGF during
July and August 1990.

(') OJNoL262,8.9. 1989.

WRITTEN QUESTION No 491/91

by Mrs Maria Belo (S)

to the Commission of the European Communities

_(19 March 1991)_

(91/C 227/49)

_Subject:_ Psychoanalysts

The requirements for qualifying as a psychoanalyst
include not only a university degree in any subject, but
also many years of difficult training which, by its very
nature, has always been and still is given outside
university by professional associations which are genuine
educational and training centres, though not recognized
as such by the State.

As this comparatively new profession was first established
and mainly developed in Europe, European
psychoanalysts and their associations are still the
theoretical, practical and academic reference for other
regions of the world.

Is the Commission willing to find ways of giving a
favourable reply to applications submitted by European
psychoanalysts' associations with the aim of obtaining the
support of the Erasmus programme for their education
exchange and cooperation programmes?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 June 1991)_

By the terms of the criteria governing the implementation
of the Erasmus programme, the Commission makes
grants to inter-university cooperation programmes
involving student and/or teacher mobility and submitted
by establishments of higher education which are either
public establishments or establishments recognized or
financed by the appropriate official authorities.
Associations of psychoanalysts are not, to date,
recognized by the appropriate official authorities.
Financial aid can nevertheless be granted under Action 4
of the Erasmus programme to associations acting on a
European basis and whose aims include making initiatives
in specific fields involving higher education better known,
for activities other than teacher and student exchanges.

WRITTEN QUESTION No 496/91

by Mr Gianfranco Fini (NI)

to the Commission of the European Communities

_(19 March 1991)_

(91/C 227/50)

_Subject:_ Violation of competition rules by the Klockner
Group and by the Deutsche Bank

The Deutsche Bank, the most important German and
European credit institution, first of all guaranteed the
Italian company Pirelli the support necessary to acquire
the German company Continental, and then subsequently
withdrew it, becoming instead the Milanese group's
biggest opponent.

The Deutsche Bank changed its strategy partly as a result
of a protest from the Klockner iron and steel group,
which wanted to know why the D.B., which was
Continental's company bank and served all its financial
needs, had suddenly abandoned it, and wanted
guarantees that what had happened to Continental could
not happen to the many other German companies which
rely on the D.B. It is estimated that the D.B. has a 20%
interest in all the industrial shareholding of the German
banks, and, following Klockner, also Daimler and
Volkswagen asked the D.B. for similar guarantees,
therefore forcing it to choose between the need to avoid
alarming its German partners and the need to avoid losing
credibility in the eyes of the European financial
community by breaking its commitment to Pirelli.

What are the Commission's views on this matter? Does

the Commission consider that the behaviour of the

31. 8. 91 Official Journal of the European Communities No C 227/27

Deutsche Bank and the above German industrial firms is

in line with the Community directives on free competition
and the liberalization of financial markets, which should
form the cornerstone of full integration and economic
and monetary union in 1993?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(24 April 1991)_

The Commission is aware of the facts set out by the
Honourable Member.

It takes the view that there is no evidence here of any
infringement of the competition rules or of the rules on
the liberalization of financial markets. The action

referred to represented a commercial decision on the part
of Deutsche Bank, which is free to decide its own
strategies.

WRITTEN QUESTION No 528/91

by Mrs Caroline Jackson (ED)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 227/51)

_Subject:_ Amendment of Directive 79/409/EEC

The Commission's answer to my Written Question No
2288/90 (') fails to answer the first part of that question.

Will the Commission state whether it will ensure as a

matter of urgency that Annex I of Directive
79/409/EEC ( [2] ) is amended to include all Spanish and
Portuguese species in need of habitat protection
measures?

O OJNoC 130,21.5. 1991,p. 12.
O OJNoLl03,25.4. 1979, p. 1.

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

_(22 May 1991)_

On 6 March 1991 the Commission adopted an
amendment to Annex I to the Directive in question to
include the species in Spain and Portugal whose habitats
need to be protected.

WRITTEN QUESTION No 537/91

by Mr Virginio Bettini and Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 227/52)

_Subject:_ Protection of transporters of refuse and
monitoring of the discharge of refuse in
authorized dumps or disposal centres

Mr Tamburrino, the driver of a lorry in Italy loaded with
drums containing industrial effluent which were disposed
of in one of the numerous illegal dumps in the Naples
area, was admitted to hospital after being splashed with
liquid which leaked from one of the drums. On admission
to hospital, he was half-blinded, partially paralysed and
had sores on his back and hands. It is not yet possible to
identify the substance which caused these injuries since it
has not yet been recovered.

Under Italian law, as of 28 February, all undertakings
producing or disposing of waste must inform the Italian
Ministry of the Environment indicating the nature and
quantity of the waste produced and dealt with during the
previous year.

1. What measures does the Commission intend to take to

protect the health of workers transporting
consignments of waste, in particular industrial waste?

2. How does the Commission intend to ensure that Italy
properly implements current legislation in respect of
the transport, registration and disposal of waste?

3. Has the Italian Government verified the statement

given by the producers regarding the destination of
the waste, or have the authorities simply contented
themselves with applying the letter of the law without
making any effort to ensure that it is respected?

Answer given by Mrs Papandreou
on behalf of the Commission

_(6_ _May 1991)_

In recent years the Commission has proposed a series of
measures to improve the protection of the health and
safety of workers; dangerous wastes are among the
matters covered.

No C 227/28 Official Journal of the European Communities 31. 8. 91

The health protection of workers engaged in the land
transport of dangerous wastes is currently regulated by
Council Directive 80/1107/EEC (') on the protection of
workers from the risks related to exposure to chemical,
physical and biological agents at work. The Directive was
transposed into Italian law in March 1984; Articles 3 and
4 specify a series of points to be observed by the Member
States when 'they adopt provisions for the protection of
workers concerning an agent'.

Council Directive 89/391/EEC ( [2] ) on the introduction of
measures to encourage improvements in the safety and
health of workers at work lays down general principles to
be appplied and establishes the obligations incumbent on
employers and workers alike. In particular the Directive,
which applies across the board and includes transport,
provides for risk evaluation, preventive measures and
information, training, consultation and participation of
workers. It is to take effect no later than 31 December

1992.

More recently, Council Directive 90/394/EEC ( [3] ) on the
protection of workers from the risks of exposure to
carcinogens at work established special provisions for
cases where wastes contain human carcinogens; this
Directive is also to be transposed by 31 December 1992.

The Commission's Work Programme for 1991 calls for a
proposal for a directive on minimum health and safety
standards for transport to be presented by the end of the

year.

The Commission will, of course, scrutinize the measures
taken under these Directives as soon as they are in force.

The general legislation on waste applies to the carriage
and registration of loads and to unloading. This includes
Council Directive 75/442/EEG ( [4] ) of 15 July 1975 on
waste, Council Directive 78/319/EEC ( [5] ) of 20 March
1978 on toxic and dangerous waste and Council Directive
84/631/EEC ( [6] ) of 9 December 1984 on the supervision
and control within the European Community of the
transfrontier shipment of hazardous waste.

The objective sought by these Directives is the
ecologically rational management of waste based on
prevention, recycling and safe disposal, with an effective
and coherent supervision and control system for all
movements of wastes.

Italy has transposed all these Directives into national law.
The Commission exercizes a permanent watching brief on
the basis of its own information and complaints received.

Given the difficulties encountered by the Member States
in implementing Directive 84/631/EEC, the Commission
recently proposed a Council Regulation on the
supervision and control of movements of wastes within,
into and out of the Community; the Regulation would
replace the Directive and ensure simultaneous and
coordinated application in all the Member States.

The Commission will be contacting the Italian authorities
to obtain additional information on compliance with
Community law in this area.

I [1] ) OJNoL327, 3. 12. 1980.
; [2] ) OJ N o L 183, 29. 6. 1989.
;') OJ N o L 196, 26. 7. 1990.
; [4] ) OJNoLl94, 25.7. 1975.
; [5] ) OJNoL84, 31.3. 1978.
; [6] ) OJNoL326, 13. 12. 1984.

WRITTEN QUESTION No 553/91

by Mr Diego de los Santos Lopez (ARC)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 227/53)

_Subject:_ Approval of music diplomas

What information can the Commission provide on the
equivalence and recognition of Spanish in relation to
foreign music diplomas, both for existing qualifications
and those awarded under the Logse (new education law)?

What practical measures does it intend to take to
eliminate the apparent disparity between certain foreign
music diplomas, which are university qualifications, and
their Spanish counterparts, which are not?

Answer given by Mr Bangemann
on behalf of the Commission

_(13 June 1991)_

The Commission does not have any information on the
recognition by other Member States of music diplomas
awarded in Spain.

The Honourable Member does not specify which
disparities and their consequences should be remedied. If
he is referring to inequality due to the non-application of
Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas

31. 8. 91 Official Journal of the European Communities No C 227/29

awarded on completion of professional education and
training of at least three years' duration (*), it is more
apparent than real.

This does not necessarily rule out the possiblity of total or
partial equivalence. The Commission interprets Articles
48, 52 and 59 of the EEC Treaty on the basis of the
case-law of the Court of Justice, in particular its Judgment
of 15 October 1987 in Case 222/86 Unectef v Heylens, to
the effect that the equivalence of a foreign diploma must
be assessed exclusively in the light of the level of
knowledge and qualifications which its holder can be
assumed to possess in the light of that diploma, having
regard to the nature and duration of the studies and
practical training which the diploma certifies that he has
carried out.

The Commission therefore considers that the host

Member State is required to take account of qualifications
acquired in a Member State and to determine whether
they correspond to those it requires. Any additional
studies which may be required as a result of the
assessment, and any examination attesting to such studies,
should in any event relate only to the missing
qualifications required by the host Member State.

The Council is also studying a proposal for a directive on
a second general system for the recognition of
professional education and training which complements
Directive 89/48/EEC ( [2] ). Once adopted and in force, it
should apply to holders of a diploma not regarded as a
diploma of higher education within the meaning of
Directive 89/48/EEC who wish to work in a Member

State where the diploma required is a higher-education
diploma, and _vice versa._

(') OJ No L 19,24. 1. 1989.
O OJNoC263, 16. 10. 1989 and OJ No C 217, 1. 9. 1990.

WRITTEN QUESTION No 555/91

by Mr Diego de los Santos Lopez (ARC)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 227/54)

_Subject:_ Water supplies

Since the beginning of the 1980s, the municipalities of
Almunecar, Jate, Otivar and Lentegi in the Province of
Granada, have made repeated representations to the
Spanish authorities to build a dam at Otivar. The dam
would solve the severe problems of supplying water to an
area in which it is a scarce commodity, both for human
consumption and for agricultural use in the Rio Verde
valley.

This area is of particular interest in that some very
important activities are carried out there such as the
cultivation of subtropical crops, in response to the reform
of the CAP, and tourism, which are vital in this
particularly deprived province. The environmental
benefits would also be considerable in view of the

increasing salinization of the aquifers.

Has the Commission received any request for aid for the
construction of this dam?

Would the Commission be prepared to fund its
construction?

Does the Commission agree that urgent measures must be
adopted to prevent the salinization of the aquifers in the
area and, at the same time, ensure water supplies?

Answer given by Mr Millan
on behalf of the Commission

_(16 May 1991)_

To date, the Commission has received no application for
aid for the construction of such a dam.

The Community support framework for the Spanish
Objective 1 regions provides for aid under the various
development priorities including for the protection of the
rural environment and conservation of natural resources

(Priority No 4.2), water infrastructures (Priority No 5.1)
and the protection and improvement of the environment
(Priority No 5.3).

It is within this framework that the Commission could

part-finance the construction of a dam, provided that the
relevant aid application is submitted by the competent
national authorities and that adequate funds are available
under the sub-CSF for Andalusia.

The Commission is aware of the problem of the
salinization of the aquifers and supports all efforts to
resolve it.

WRITTEN QUESTION No 564/91

by Mr Bernard Antony (DR)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 227/55)

_Subject:_ Obstacles to competition in the French hospital
service

The French hospital service is regulated by Mr Boulin's
law of 31 December 1970. This law favours public

No C 227/30 Official Journal of the European Communities 31. 8. 91

hospitals, which in practice are not obliged to acquire
prior authorization for investment projects, and penalizes
private hospitals, which are subject to controls on
authorization for equipment and to the pricing system set
by the Agreement between private hospitals and the
French health insurance funds (refusal to reimburse
treatment, limitation of medicines for which
reimbursement may be claimed).

Mr Evin's bill reinforces this discrimination, in particular
by making the private hospital service a minority in bodies
governing control and the authorization of equipment.

1. Does the Commission consider these provisions to be
in keeping with Articles 85 and 92 of the EEC Treaty?

2. If not, what measures does the Commission intend to
take to re-establish free and fair competition in the
French hospital service?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(24 April 1991)_

1. Article 85 of the EEC Treaty is concerned with the
conduct of firms, and not as a rule with the legislation
enacted in Member States.

The Court of Justice has consistently held, however, that
Article 85, read in conjunction with Article 5, prevents
Member States from taking legislative measures which
may render the competition rules governing firms
ineffective. Such would be the case, says the Court, if a
Member State were to require or favour the adoption of
restrictive practices contrary to Article 85 or to reinforce
their effects.

Legislative measures of the kind referred to by the
Honourable Member do not rank as measures liable to

render the Treaty ineffective.

2. Article 92 of the Treaty applies to state aid in so far
as it affects trade between Member States.

Accordingly, the law to which the Honourable Member
refers and the draft legislation to amend it fall outside the
scope of Article 92 and are matters entirely for the French
authorities.

WRITTEN QUESTION No 566/91

by Mr Philippe Douste-Blazy (PPE)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 227/56)

_Subject:_ Application of the Directive on a general system
for the recognition of diplomas to the profession
of director of a medical laboratory

On 21 December 1988 the Council adopted Directive No
89/48/EEC _(_ _[l]_ _)_ on a general system for the recognition of
diplomas awarded on completion of professional
education and training of at least three years' duration.

This Directive, which came into force on 4 January 1991,
applies to all professions except for those which are the
subject of specific directives.

Certain professions, such as that of biologist and in
particular that of director of a medical laboratory, require
training which seems to vary considerably from one
Member State to another.

Can the Commission confirm this?

Does the Commission not consider that applying such a
directive to this profession could lead to a lowering of
professional standards in a sector, i.e. health, in which, on
the contrary, a high level of training should be
guaranteed?

In the light of experience in the application of general
systems for the recognition of qualifications, does the
Commission intend to introduce other specific
provisions?

(') OJ No L 19,24.1. 1989, p. 16.

Answer given by Mr Bangemann
on behalf of the Commission

_(6_ _June 1991)_

Depending on whether the law of the host Member State
requires a diploma in medicine, veterinary science or
pharmacy, or a specific diploma in medical biology,
recognition of these diplomas at Community level is
governed by Directives 75/362/EEC and 75/363/EEC
(doctors) O, 78/1026/EEC and 78/1027/EEC
(veterinary surgeons) ( [2] ), 85/432/EEC and 85/433/EEC
(pharmacists) ( [3] ), or by Directive 89/48/EEC, to which
the Honourable Member refers.

With regard to Directive 89/48/EEC, the Commission
does not share the fears expressed by the Honourable
Member that a lowering of standards will result. In
accordance with the recognition procedures laid down in
that Directive, the diplomas of other Member States are
always appraised in relation to the diploma of the host

31. 8. 91 Official Journal of the European Communities No C 227/31

Member State. Accordingly, the diploma of the host
Member State serves as the reference standard and it is in

relation to that diploma that any arrangements are
decided that make good a shortfall in the period of
training amounting to at least one year or substantial
differences in the matters covered by training.

Directive 89/48/EEC entered into force on 4 January
1991. It is thus too early to assess its functioning.

In accordance with Article 13 of that Directive, within five
years at the latest, the Commission must report to the
European Parliament and the Council on the state of
application of the Directive. At the same time the
Commission must present its conclusions as to any
changes that need to be made to the system as it stands.

O OJNoL167,30.6. 1975.
O OJNoL362,23. 12.1978.
O OJNoL.253,24. 9. 1985.

WRITTEN QUESTION No 583/91

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 227/57)

_Subject:_ The EC's 'Medspa' Mediterranean Programme

The _Official Journal of the European Communities_ No C 41
of 21 February 1990, p. 3, contains an advertisement for
the 'Medspa' Mediterranean Programme.

1. Why was a time limit of only three months set for
the submission of proposals?

2. Does the Commission consider three months

sufficient as a time limit for applications, particularly for
third countries?

3. Was the programme published only in the _Official_
_Journal of the European Communities_ or were third
countries, which are permitted to take part in the
programme, informed separately? If so, how were they
informed? And if not, why not?

4. Have any third countries which would be entitled to
participate in the programme actually applied, and if so,
which countries have done so?

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

_(3_ _May 1991)_

1. The Commission considered that the deadline given
in the call for tenders was sufficient for the submission of

the proposals that could be financed with the modest
appropriations entered in the 1991 budget.

2. to 4. The Commission made the offer of technical

assistance to Mediterranean non-Community countries at
the ministerial meeting in Nicosia in April 1990. The
proposals from these countries were, therefore, not
received as a result of the call for tenders published in the
_Official Journal,_ but through contacts with the countries
concerned, either direct with the environment agencies in
these countries, or through the external delegations, or
again through the European Investment Bank or the
World Bank, bodies with which the Commission
cofinances technical assistance projects in Mediterranean
non-Community countries. So far, Tunisia, Algeria,
Yugoslavia, Turkey and Cyprus have received financial
aid from the Medspa programme for such projects.

WRITTEN QUESTION No 629/91

by Mr Marc Reymann (PPE)

to the Commission of the European Communities

_(16 April 1991)_

(91/C 227/58)

_Subject:_ Continuation after 1993 in France of present
guarantees concerning quality and standards of
inspection relating to medicinal products derived
from human blood or plasma in compliance with
the relevant directives

Under French legislation, blood donors are required to be
anonymous, unpaid volunteers.

Only establishments inspected and approved by the
Ministry of Health are authorized to collect blood and
divide up the plasma.

The conditions and frequency of blood donation, the
guarantees relating to the medical examination of donors
of whole human blood, plasma or cells and the biological
analyses to be effected in each case are laid down in detail
by law.

What measures will be taken to ensure that, with the entry
into force in 1993 of the Directive on medicinal products
derived from blood plasma, current guarantees
concerning quality standards will continue to apply and
that the arrangements applicable to blood transfusion will
not be disrupted?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 June 1991)_

Community self-sufficiency in human blood and human
plasma, as laid down in Directive 89/381/EEC on
medicinal products derived from human blood or human
plasma ('), is to be achieved by voluntary, unpaid
donations.

No C 227/32 Official Journal of the European Communities 31. 8. 91

The Directive also stipulates that the Member States shall
take the necessary measures to prevent the transmission of
infectious diseases. As well as the application of the
monographs of the European Pharmacopoeia regarding
blood and plasma, these measures shall comprise those
recommended by the Council of Europe and the World
Health Organization, particularly with reference to the
selection and testing of blood and plasma donors. These
safety guarantees must also be given by importers of
human blood or human plasma from third countries.

The Member States are, furthermore, required to notify
the Commission of measures adopted under the Directive.
They have not so far sent the information required.

At their meeting of 13 November 1989, the Council and
the Ministers for Health meeting within the Council
asked the Commission to submit a report on Community
self-sufficiency in human blood and the encouragement
of voluntary, unpaid donations.

Following that request, the Commission, in cooperation
with the Council of Europe, drew up a questionnaire on
the collecting and use of human blood and human plasma
and sent copies to the Member States. A report on
Community self-sufficiency in human blood and on
action to encourage voluntary, unpaid blood donations,
based on the answers received, will be drawn up and
submitted to the Council and Parliament by the end of
1991.

(') OJNoL 181,28.6. 1989.

WRITTEN QUESTION No 654/91

by the following Members: Mr Elmar Brok, Mr Raphael
Chanterie, Mr Ingo Friedrich and Mr Egon Klepsch (PPE)

and Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(16 April 1991)_

(91/C 227/59)

_Subject:_ GATT and policy on trade in textiles

The Uruguay Round is now at a critical stage. It is
supposed to be completed by 7 December. The issues at
stake include the future of policy on trade in textiles and
hence the future of Europe's textile and clothing industry,
which employs some 3 million. In the light of this:

1. What is the Commission's assessment of the state of

negotiations in the areas that are relevant to textiles,
i.e. opening up of markets, antidumping procedures,
anti-subsidy rules, intellectual property and safeguard

clause? Does it agree that, as things stand (at 17
November), the requirements for the phasing-out of
the world textile agreement are far from being met?

2. Is the Commission prepared to maintain the linkage
between liberalization of import rules and compliance
with the counter-demands set out at 1. and not to

make concessions in return for realizing negotiating
objectives in other sectors?

3. Is the Commission prepared to continue negotiations
beyond the end of the year, if necessary, in order to
achieve a result that is acceptable for Europe's textiles
and clothing industry and its workforce?

Answer given by Mr Andriessen
on behalf of the Commission

_(14 June 1991)_

The Uruguay Round negotiations interrupted in
December have recently been resumed on a technical
level.

From the very outset the Community has argued that the
integration of textiles into the GATT should be linked to
the strengthening of GATT rules and disciplines, and in
particular those regarding market access, antidumping,
subsidies, intellectual property and the GATT safeguard
clause (Article XIX). In the relevant negotiating groups,
the Community's proposals have wherever possible taken
account of the interests of the textile sector. At the

Community's insistence, the draft textile agreement,
which has been accepted by all parties as a basis for
negotiation although it has still to be finalized, provides
for measures regarding the steps the parties should take
both to implement obligations contacted in the other
Uruguay Round negotiating groups and to review, at the
end of each stage, the application of these obligations in
order to ensure that they are honoured.

The Commission is determined to pursue resolutely its
negotiating objectives in the resumed Uruguay Round
negotiations. It is equally resolved to defend the global
nature of the Uruguay Round and it is in terms of the
outcome of the latter that it will decide how long it will be
before textiles can be integrated into the GATT. In the
closing stage of negotiations, the Commission and the
Council will have to assess the results of each negotiating
group in order to adjust, where necessary, the
Community's final position.

31. 8. 91 Official Journal of the European Communities No C 227/33

WRITTEN QUESTION No 690/91

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(19 April 1991)_

(91/C 227/60)

_Subject:_ Restricted sale of beer

Does the Commission consider that it is contrary to
Articles 85 and 86 of the Treaty of Rome that certain
breweries in the United Kingdom enter into agreement
for the sale of beer which prevents the purchaser buying
supplies of beer from any other producer?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(14 May 1991)_

The Honourable Member is referred to Regulation No
1984/83 of 22 June 1983 on the application of Article
85(3) of the Treaty to categories of exclusive purchasing
agreements ('). This regulation stipulates in detail, the
extent to which beer-supply agreements which fall under
Article 85(1) are exempted from the prohibition of Article
85(1).

In the recent Delimitis v. Henninger Brau judgment ( [2] )
the Court of Justice defined the criteria for the national

judge to apply in deciding whether or not beer-supply
agreements fall under the prohibition of Article 85(1).

(') _O]_ No L 173, 30. 6. 1983; Corrigendum OJ No L 281, 13. 10.

1983.
( [2] ) Case C-234/89, not yet published.

WRITTEN QUESTION No 694/91

by Mrs Christine Oddy and Mr Alex Smith (S)

to the Commission of the European Communities

_(19 April 1991)_

(91/C 227/61)

_Subject:_ Conscientious objectors

When does the Commission intend to produce plans to
harmonize the right to be a conscientious objector in
Member States given that differences in the recognition of
this fundamental human right by Member States tend to
distort the right of free movement of workers guaranteed
by Article 4 8 of the Treaty of Rome ?

Answer given by Mr Delors
on behalf of the Commission

_(7 June 1991)_

As it has already had several occasions to state when
answering written and oral questions and in Parliament's

October 1989 debate on the report by Mrs Schmidbauer,
the Commission has no powers to act in this field.

The Commission is thus unable to take the initiative

requested by the Honourable Members.

However, the Commission is aware that the problem is
politically sensitive and that citizens of the Member States
may be perplexed by the difference in national laws on the
status of conscientious objectors.

On 9 April 1987, the Committee of Ministers of the
Council of Europe addressed a recommendation to
Member States regarding objection on grounds of
conscience to statutory military service, which seeks to
promote recognition of the right to object to military
service and to harmonize national laws and practices on
the basis of certain principles and rules.

WRITTEN QUESTION No 713/91

by Mr Carlos Perreau de Pinninck Domenech and Mr Jose
Ruiz-Mateos Jimenez de Tejada (RDE)

to the Commission of the European Communities

_(19 April 1991)_

(91/C 227/62)

_Subject:_ Protection of the family

Whereas one of the aims of the Community's social policy
is effective protection of the family, and in view of the
gradual decrease in the birth rate and the increasing age of
the population in the EC countries, what specific
measures, aid and action programmes has the
Commission implemented (or planned for the immediate
future) for the benefit of families with children?

Answer given by Mrs Papandreou
on behalf of the Commission

_(15 May 1991)_

The Community has no specific competence in family
policy matters. All the Commission can do in this field is
encourage initiatives and promote exchanges of
experience and debate; specific measures, aid and action
programmes fall within the competence of the Member
States. Community action was defined on 29 September
1989 in the conclusions of the Ministers responsible for
Family Affairs, meeting within the Council, which specify

No C 227/34 Official Journal of the European Communities 31. 8. 91

that 'the following activities will be started or continued at
Community level:

— information actions, particularly through the
production and presentation of regular information
on demography and measures concerning families . . .;

— a regular exchange of information and views at
Community level on major themes of common interest
as regards family policy and demography.'

On the basis of these conclusions, the following
documents have been available since September 1990:

— a summary report by the European Observatory on
Family Policies which details developments and trends
in 1988 and 1989;

— a study of public opinion in Europe concerning the
family and having children (Eurobarometer No 32).

In addition, the Commission is currently organizing, in
conjunction with the Luxembourg Presidency, a seminar
on 'Children, Families and Society' with the aim of
reviewing the policies implemented to date on children
and the family at national and Community level, and
making recommendations.

WRITTEN QUESTION No 715/91

by Mr Carlos Perreau de Pinninck Domenech and Mr Jose
Ruiz-Mateos Jimenez de Tejada (RDE)

to the Commission of the European Communities

_(19 April 1991)_

(91/C 227/63)

_Subject:_ Recognition of Spanish

A report on a contract for the production of television
programmes intended for Latin American countries has
been submitted by the Commission to the Advisory
Committee on Procurements and Contracts. According to
the report, which was signed by Colette Flesch,
Director-General, and prepared by Mariano Maggiore, a
deputy head of division in the same Directorate-General,
Spanish is not spoken in Latin America.

In view of this, what measures does the Commission
intend to take to publicize a correction to this assertion?

Answer given by Mr Dondelinger
on behalf of the Commission

_(5_ _June 1991)_

The Honourable Members are requested to refer to the
answers to Oral Question No H-104/91 (') on the same

subject by Mr Arbeloa Muru and Written Question No
150/91 O by Mr Gutierrez Diaz.

(') Debates of the European Parliament, Nos 3-400, 3-401

(February 1991).
( [2] ) O J N o C 150, 10.6. 1991.

WRITTEN QUESTION No 758/91

by Mr John McCartin (PPE)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 227/64)

_Subject:_ Evaluation of EC's 'Year against cancer'

What commitment is the Commission giving the
programmes established in 1989 — Europe against
Cancer Year — in the fight against cancer? Projects which
received aid for the start-up phase are now finding
difficulties in completing their programmes owing to
much reduced EC financing.

Does the Commission not agree that such programmes
(for example the first-ever breast screening programme to
be run in Ireland) should continue to receive sufficient
funding to ensure completion of the programme?

Answer given by Mrs Papandreou
on behalf of the Commission

_(6 June 1991)_

The Honourable Member is referred to the answer given
by the Commission to the Oral Question from Mr Killilea
No H-985/90 at the November Session of the

Parliament (*).

During the first action plan, the Commission provided
substantial financial support to help in the launch of
prevention programmes against cancer, notably in the
field of breast cancer screening.

The Commission is convinced of the need for further

funding but is confronted with the extremely limited
budget of the programme and an ever-increasing rise in
the number of subvention requests in all fields of the
programme. This means that in 1990, regardless of the
value of the projects, the Commission was obliged to
reduce the amount of financial support for all six pilot
projects, including the Irish project, which form the
European Network on Breast Cancer Screening.

At present the scientific evaluation committee has already
recommended funding for the Dublin project in 1991 at
the same level as 1990, this being ECU 90 000. This
amount should allow the leaders of the project, in
cooperation with the competent national authorities, to
continue the projects in an adequate way.

(') Debates of the European Parliament No 3-396 (November
1990).

31. 8. 91 Official Journal of the European Communities No C 227/35

WRITTEN QUESTION No 777/91

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 227/65)

_Subject:_ Equal opportunities

Why is it that the Commission's Equal Opportunities Unit
seems to be solely occupied with questions of women's
equality and does not appear to address problems of racial
equality?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 June 1991)_

The Community's legal competence to deal with
questions concerning women's equality derives from
Article 119 of the EEC Treaty, which concerns equal pay.
It has been further expanded by directives on equal
treatment concerning working conditions and social
security ('). The activities of the Commission's Equal
Opportunities Unit have been shaped by successive
Community Action Programmes on the Promotion of
Equal Opportunities for Women ( [2] ). The Programmes
combine legal action on equal treatment with the
promotion of equal opportunities in practice by positive
action in favour of women.

Problems of racial equality are tackled by the Equal
Opportunities Unit insofar as they have an impact on
questions concerning equality for women.

(') Directive 76/207/EEC of 9. 2. 1976 - OJ No L 39 of
14.2. 1976,

Directive 79/007/EEC of 19. 12. 1978 - OJ No L 6 of

10.1.1979.
( [2] ) Community Action Programme on the Promotion of Equal
Opportunities for Women, 1982—1985; Medium Term
Action Programme on Equal Oppurtunities for Women,
1986—1990; Third Action Programme on Equal
Opportunities for Women and Men, 1991 — 1995.

WRITTEN QUESTION No 827/91

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(3_ _May 1991)_

(91/C 227/66)

_Subject:_ Pension surpluses

What is the position in relation to pension fund surpluses
in each of the Member States?

Are there restrictions as to how pension fund surpluses
can be utilized?

Does the Commission consider that it would be desirable

to introduce European legislation to ensure that pension
fund surpluses may only be used for the benefit of people
who contributed to the pension fund and for their
cohabitees, spouses or dependent relatives?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 June 1991)_

The Commission has no detailed and systematic
information on the legal position regarding pension fund
surpluses in each of the Member States and does not, at
present, plan any Community legislation with a view to
harmonizing restrictions as to how surpluses can be
utilized.

Whether the issue of surpluses is considered as a problem
in a Member State depends very much on the
supplementary pension scheme arrangements which are
common in this country. Thus in pension plans financed
by book reserves, as frequently used in Germany and
Luxembourg, there are no external funds from which
employers might want to recoup surpluses.

In pension plans based on collective agreements, the
recouping of surpluses may not be specifically ruled out
but it would be difficult to imagine how a surplus could be
used only for the benefit of the employers. Some
countries explicitly outlaw the recouping of surpluses.
The Commission has no information on the possibility for
employers of taking a 'contribution holiday'.

WRITTEN QUESTION No 829/91

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(3 May 1991)_

(91/C 227/67)

_Subject:_ Free movement of workers

What steps does the Commission intend to take to
publicize the decision of the Court of Justice in the

No C 227/36 Official Journal of the European Communities 31. 8. 91

Antonissen case that a Community national has the right
to look for work in another Member State for six months?

WRITTEN QUESTION No 830/91

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(3_ _May 1991)_

(91/C 227/68)

_Subject:_ Free movement of workers

What steps does the Commission intend to take in order
to publicize the results of the case of Mr Papagiotis which
decided the German authorities were wrong to refuse a
residence permit?

Joint answer given by Mrs Papandreou
to Written Questions Nos 829/91 and 830/91

on behalf of the Commission

_(10 June 1991)_

The Court publicizes its own decisions in the European
Court Reports.

The Commission is already considering the implications
of these decisions, in particular in the Advisory
Committee on Freedom of Movement of Migrant
Workers.

It will continue to study them over the coming months in
order to ascertain their impact on the current laws and
practices of the Member States.

WRITTEN QUESTION No 876/91

by Mr Jose Torres Couto (S)

to the Council of the European Communities

_(8 May 1991)_

(91/C 227/69)

_Subject:_ Ratification of the 1988 Vienna Convention
against Illegal Traffic in Narcotic Drugs and
Psychotropic Substances

Since the Heads of State and of government of the 12
Member States meeting at the European Council summit
in Dublin on 25 — 26 July 1990 unanimously agreed to
ratify by the end of June 1991 the Convention of Vienna
which calls, _inter alia,_ for the laundering of the proceeds
of drugs trafficking to be treated as a punishable offence,
will the Council say which Member States have already
ratified this Convention and what measures are being
taken to ensure that all 12 Member States honour their

commitment to do so?

Answer

_(24 July 1991)_

1. At present three Member States and the Community
have ratified the Vienna Convention.

When approving the Celad report, the European Council
asked Member States to endeavour to ratify the
Convention by 30 June 1991.

2. As regards measures to ensure compliance with the
Convention on 10 June 1991, the Council adopted a
directive on money laundering, on which the Parliament
stated its views on 16 April 1991 on second reading.

Under Article 16 of the Directive the Member States are

required to implement the provisions in question before 1
January 1993.

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ISBN 92-825-8660-X — Catalogue No CB-PP-88-B04-EN-C
Price (excluding VAT) in Luxembourg: ECU 7,50
ES, DA, DE, GR, EN, FR, IT, NL, PT

I I Individual choice and higher growth — The task of European con— sumer policy
by Eamonn Lawlor

The purpose of this text is to emphasize that the rights of the individual
can have economic implications, and can be as much the concern of
economic planners as of campaigners for social justice.

56 pp. — 17,6 x 25 cm
ISBN 92-826-0087-4 — Catalogue No CB-56-89-869-EN-C
Price (excluding VAT) in Luxembourg: ECU 8,00
ES, DA, DE, EN, FR, IT, NL, PT

I I Common standards for enterprises
^"^ by Florence Nicolas with the collaboration of Jacques Repussard

The purpose of this book is to explain the workings of the European
standardization system, the resources available to it and how it fits in
with the Community institutions and interfaces with national and world
systems. It also contains practical examples which might serve as a
basis for a European standardization manual.

79 pp. — 17,6 x 25 cm
ISBN 92-825-8554-9 — Catalogue No CB-PP-88-A01-EN-C
Price (excluding VAT) in Luxembourg: ECU 9,00
ES, DA, DE, GR, EN, FR, IT, NL, PT

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