Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 91
# Official Journal

Volume 39

### of the European Communities

#### English edition Information and Notices

27 March 1996

Notice No Contents
Page

I Information

European Parliament

Written Questions with answer

96 / C 91 / 01 E-497 / 95 by Fausto Bertinotti to the Commission
Subject : Protection of ' lesser kestrels ' in the Matera rock faces (' Sassi ') ( Supplementary
answer ) 1

96 / C 91 / 02 E-950 / 95 by Nel van Dijk to the Commission
Subject : Protection of hamsters in Limburg ( Supplementary answer ) 1

96 / C 91 / 03 E-l 847 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Quota regulation for the appointment of handicapped workers in the European
institutions ( Supplementary answer ) 2

96 / C 91 / 04 E-2 177 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control and the precautionary principle 3

96 / C 91 / 05 E-2178 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control and water pollution 4

96 / C 91 / 06 E-2199 / 95 by Ursula Schleicher to the Commission
Subject : European water pollution control — proliferation of measures to monitor and / or improve
implementation 4

96 / C 91 / 07 E-2359 / 95 by Peter Crampton to the Commission
Subject : EU research funding — United Kingdom universities ( Supplementary answer ) 5

96 / C 91 / 08 E-2587 / 95 by Ben Fayot to the Commission
Subject : Free movement of doctors : transmission of information between national authorities 6

96 / C 91 / 09 E-2642 / 95 by Gianni Tamino to the Commission
Subject : Failure to carry out an environmental impact assessment for the Bolzano — Merano
motorway ( Italy ) 6

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Price : ECU 19,50 ( Continued overleaf )

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96 / C 91 / 10 E-2678 / 95 by Alexandros Alavanos to the Commission
Subject : Research on the Mediterranean pine forest 7

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E-2717 / 95 by Gerardo Fernández-Albor to the Commission
Subject : Compatibility with Community provisions on freedom of competition of national
regulations on the opening of pharmacies 8

96 / C 91 / 12 E-2724 / 95 by Guido Podestà, Claudio Azzolini, Giancarlo Ligabue, Luigi Caligaris and
Gian Boniperti to the Commission
Subject : 1995 action plan for advanced television services 9

96 / C 91 / 13 E-2736 / 95 by Salvatore Tatarella to the Commission

Subject : The projects submitted by the Syntesia Consortium 9

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E-2754 / 95 by Gianfranco Dell'Alba to the Commission
Subject : 1995 action plan for advanced television services 9

Joint answer to Written Questions E-2724 / 95, E-2736 / 95 and E-2754 / 95 10

E-2735 / 95 by Cristiana Muscardini to the Commission
Subject : Projects posing environmental risks in the Ticino national park 10

96 / C 91 / 16 E-2752 / 95 by Maria Aglietta and Renzo Imbeni to the Commission

Subject : Homeopathic medicines in Italy 11

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E-2792 / 95 by Alexandros Alavanos to the Commission
Subject : Problems due to the establishment of a fish farm in the municipality of Chalkia in
Aitoloakarnania 12

E-2800 / 95 by Glyn Ford to the Commission
Subject : ERDF funding 13

E-2825 / 95 by Ilona Graenitz to the Commission
Subject : Commission action plan to combat ground-level ozone 14

E-2835 / 95 by Karl Schweitzer to the Commission
Subject : Hazardous domestic waste 14

E-2839 / 95 by Mihail Papayannakis to the Commission
Subject : Preservation of Mithimna Castle 15

E-2848 / 95 by Philippe De Coene to the Commission
Subject : Complaints concerning infringements of Directive 76 / 464 / EEC 16

E-2851 / 95 by Philippe De Coene to the Commission
Subject : Assessment of the implementation of Directive 76 / 464 / EEC 16

E-2858 / 95 by Reimer Böge to the Commission
Subject : ' Land ' regulations on the use of bird decoys on the island of Föhr 17

E-2868 / 95 by Karl-Heinz Florenz to the Commission
Subject : Approximation of provisions laid down by law, regulation or administrative action
relating to veterinary medicinal products and laying down additional provisions on homeopathic
veterinary medicinal products 17

E-2898 / 95 by Nikitas Kaklamanis to the Commission

Subject : European Environment Agency 18

96 / C 91 / 27 E-29 18 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Air transport of nuclear fuels 18

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E-2921 / 95 by Alexandros Alavanos to the Commission
Subject : Bringing forward the closed fishing season in the Aegean 19

P-2948 / 95 by Alexandros Alavanos to the Commission
Subject : New construction materials and protection of public health 19

E-2949 / 95 by Konstadinos Klironomos to the Commission
Subject : Transfrontier cooperation between the European Union and the Balkan countries ... 20

E-2 959 / 95 by Isidoro Sanchez Garcia to the Commission
Subject : Measuring system for liquid fuels 20

E-2 969 / 95 by Christian Rovsing to the Commission
Subject : Breach of Community Directives on the putting of public contracts out to tender ... 21

E-2977 / 95 by Carlos Robles Piquer to the Commission
Subject : Biomass as an energy source 22

E-2992 / 95 by Glyn Ford to the Commission
Subject : EC financing of Plysu 22

E-3001 / 95 by Gianni Tamino and Carlo Ripa di Meana to the Commission
Subject : International Molecular Genetics Centre 23

E-3002 / 95 by Gianni Tamino and Carlo Ripa di Meana to the Commission
Subject : Italy : Poaching in the Brescian valleys 23

E-3003 / 95 by Gianni Tamino and Maria Aglietta to the Commission

Subject : ' Blue Telephone ' — helpline for distressed children in Italy 24

E-3005 / 95 by Amedeo Amadeo to the Commission
Subject : Statistical requirements relating to public contracts 24

E-3006 / 95 by Amedeo Amadeo to the Commission
Subject : Award of public contracts without an invitation to tender 25

E-3007 / 95 by Amedeo Amadeo to the Commission
Subject : Energy policy 25

E-3012 / 95 by Amedeo Amadeo to the Commission
Subject : Audio-visual sector 26

E-3016 / 95 by Carlos Robles Piquer to the Commission
Subject : Failure by the municipal authorities of Fuengirola ( Malaga ) to comply with Directive
80 / 778 / EEC 27

E-3033 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Neutron radiation 27

E-3037 / 95 by Horst Schnellhardt to the Commission
Subject : Further training in veterinary medicine 28

E-3049 / 95 by Spalato Belleré to the Commission
Subject : Child TV viewers 28

E-3062 / 95 by Nuala Ahern to the Commission
Subject : Information to the Commission regarding Wylfa 29

E-3065 / 95 by Frode Kristoffersen to the Commission
Subject : NEAFC negotiations on the allocation of quotas 29

( Continued overleaf )

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E-30 69 / 95 by Raymonde Dury to the Commission
Subject : Recruitment by the Committee of the Regions 29

E-3074 / 95 by Florus Wijsenbeek to the Commission
Subject : Eco-vouchers 30

P-3076 / 95 by Frederik Willockx to the Commission
Subject : Reciprocity and the opening up of cable television networks for telecommunications
services 30

P-3078 / 95 by Maria Sornosa Martinez to the Commission
Subject : Noise pollution in cities 31

E-3083 / 95 by Martin Schulz to the Commission
Subject : Seizure of plutonium at Munich airport 31

E-3085 / 95 by Konstadinos Klironomos to the Commission
Subject : Construction of a road parallel to the ' Via Egnatia ' 32

P-3224 / 95 by Nikitas Kaklamanis to the Commission
Subject : The Via Egnatia 32

Joint answer to Written Questions E-3085 / 95 and P-3224 / 95 32

E-3086 / 95 by Mihail Papayannakis to the Commission
Subject : Operation of a quarry at a protected archaeological site 33

E-3092 / 95 by Christine Crawley to the Commission
Subject : Cycle paths 33

E-3103 / 95 by Florus Wijsenbeek to the Commission
Subject : Netherlands decision to ban hunting a number of species of migratory birds 33

E-3 107 / 95 by Michl Ebner to the Commission
Subject : Office and information centre in Brussels representing the three border areas : autonomous
province of Bolzano, autonomous province of Trento and the federal province of Tyrol 34

E-3 11 6 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : ' Television without frontiers ' Directive 35

E-3 11 8 / 95 by Gianni Tamino to the Commission
Subject : Use of hormones in stockbreeding 35

E-3 137 / 95 by Jessica Larive to the Commission
Subject : Recognition in Germany of Netherlands qualifications for geriatric and patient care
helpers ( bejaarden en ziekenverzorgers ) 36

P-3138 / 95 by Luigi Vinci to the Commission
Subject : Waste disposal in Mereta in the district of Isola del Cantone 37

E-3 149 / 95 by Doeke Eisma to the Commission
Subject : Allocation of the reserve budget for Community initiatives, notably Interreg II C . . . . 37

E-3 162 / 95 by Doeke Eisma and Hugh Kerr to the Commission
Subject : Misuse of EU funding by the European Bureau for Conservation and Development

( EBCD ) 38

E-3 165 / 95 by Erich Farthofer to the Commission
Subject : Community initiative for SMEs — operational programme for Austria 38

Notice No Contents ( continued ) Page

96 / C 91 / 66 E-31 66 / 95 by Imelda Read to the Commission
Subject : Atlas Joint Venture 38

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E-3 171 / 95 by Susan Waddington to the Commission
Subject : Recruitment of women chauffeurs by the institutions 39

E-3 18 8 / 95 by Jan Mulder to the Commission
Subject : Concentration of nitrates in vegetables, particularly lettuce 40

P-3 189 / 95 by Alexandros Alavanos to the Commission
Subject : Duplicate personal files of Commission officials 40

E-3 193 / 95 by Honorio Novo to the Commission
Subject : Substance of new provisions in the EU-Morocco trade agreement 41

E-3 197 / 95 by Honorio Novo to the Commission
Subject : Regeneration periods provided for in the EU-Morocco fisheries agreement 42

E-3200 / 95 by Karl von Wogau to the Commission
Subject : Distortions of competition concerning timber production in the Federal Republic of
Germany 42

E-3202 / 95 by James Fitzsimons to the Commission
Subject : Production of newsletters in DGs 43

E-3204 / 95 by James Fitzsimons to the Commission
Subject : Lifting restrictions on access to the Breydel press centre 43

E-3208 / 95 by James Fitzsimons to the Commission

Subject : Excessive State aids 44

E-32 14 / 95 by Gerardo Fernandez-Albor to the Commission
Subject : Cancellation of foreign debt for Latin American countries which protect their tropical
forests 44

E-32 16 / 95 by Gerardo Fernandez-Albor to the Commission
Subject : Introduction of Community VAT for culture 45

P-3222 / 95 by Carles - Alfred Gasoliba i Bdhm to the Commission
Subject : Customs union with Turkey 45

E-3225 / 95 by Stephen Hughes to the Commission
Subject : Community forestry project in Lesotho ( contract No B7-5040 / 93-46 ) 46

E-3227 / 95 by David Thomas to the Commission
Subject : State aids in the pig sector 46

E-3230 / 95 by Jan Mulder to the Commission
Subject : Outbreak of brown-rot in the Netherlands 46

E-3236 / 95 by Glyn Ford to the Commission
Subject : Preservation of drystone walls as an essential feature of the agricultural landscape in the
United Kingdom 47

E-3238 / 95 by Jose Garcia-Margallo y Marfil to the Commission
Subject : Declaration of regions at a disadvantage due to specific constraints 47

E-3252 / 95 by Amedeo Amadeo to the Commission
Subject : Exercise of trade-union freedom at the Commission 48

( Continued overleaf )

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Contents ( continued ) Page

E-3254 / 95 by Amedeo Amadeo to the Commission
Subject : Human rights

E-3255 / 95 by Amedeo Amadeo to the Commission
Subject : Preventive distillation of wine

E-32 59 / 95 by Johanna Maij-Weggen to the Commission
Subject : Flood Action Plan in Bangladesh

E-32 65 / 95 by Jesus Cabezon Alonso and Josep Pons Grau to the Commission
Subject : Aid to Mali

E-3269 / 95 by Karl Schweitzer to the Commission
Subject : Water management construction project

E-3272 / 95 by Richard Balfe to the Commission
Subject : Protocol to the 1963 ( EEC)-Turkey Association Agreement — Spain and Portugal . . .

E-3273 / 95 by Richard Balfe to the Commission
Subject : 1963 ( EEC)-Turkey Association Agreement — Sweden, Finland and Austria

E-3274 / 95 by Richard Balfe to the Commission
Subject : 1963 ( EEC)-Turkey Association Agreement — Sweden, Finland and Austria

Joint answer to Written Questions E-3273 / 95 and E-3274 / 95 :

E-3278 / 95 by Johanna Maij-Weggen to the Commission
Subject : Forced labour by prisoners in Myanmar

P-3279 / 95 by Irene Soltwedel-Schafer to the Commission
Subject : Promotion of ecological farming under the EU 's Fourth Research Programme ( Agriculture
and Fisheries )

E-3282 / 95 by Hilde Hawlicek to the Commission
Subject : Participation of the countries of central and eastern Europe in the ' Socrates ', ' Leonardo '
and ' Youth for Europe ' programmes

E-3283 / 95 by Hilde Hawlicek to the Commission
Subject : Cooperation with the Council of Europe in the field of education

E-328 5 / 95 by Glyn Ford to the Commission
Subject : Varying prices in the canteens of the European institutions

E-3288 / 95 by Joan Vallve to the Commission
Subject : Measures to eliminate and monitor the growth of carpobrotus edulis in Minorca, Balearic
Islands

P-3297 / 95 by Ernesto Caccavale to the Commission
Subject : Transparency in the management of Community funds

E-33 14 / 95 by Frank Vanhecke to the Commission
Subject : Participation by European citizens in elections to the European Parliament in Member
States of which they are not nationals

P-33 17 / 95 by Isidoro Sanchez Garcia to the Commission
Subject : 1996 Intergovernmental Conference : Permanent Statute for the Canary Islands within the
Union

49

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96 / C 91 / 102 E-332 5 / 95 by Jesus Cabezón Alonso to the Commission
Subject : San José talks 59

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E-3331 / 95 by Ria Oomen-Ruijten to the Commission
Subject : Unclear use of language by the Commission 59

P-3332 / 95 by Edith Müller to the Commission
Subject : China — possible death sentence on the non-violent political prisoner Wei Jingsheng 59

P-3334 / 95 by Katerina Daskalaki to the Commission
Subject : Subsidies for the renewal of the fishing fleet — the destruction of traditional boats . . 60

E-3429 / 95 by Martina Gredler to the Commission
Subject : Compulsory virus tests for foreign doctors 60

E-3431 / 95 by Martina Gredler to the Commission
Subject : Infringements of animal transport regulations 61

E-343 5 / 95 by Michl Ebner to the Commission

Subject : Recognition of surveyors ' qualifications at European level 61

96 / C 91 / 109 P-3445 / 95 by Fiorella Ghilardotti to the Commission
Subject : Internal Commission competition COM / B / 9 / 93 and equal opportunities 62

96 / C 91 / 110 E-3457 / 95 by Anita Pollack to the Commission

Subject : Nepal 63

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P-3502 / 95 by Christian Rovsing to the Commission
Subject : Exchange of letters between the Commission and the Danish Minister of Transport on new
ferry services between Helsingør and Helsingborg 64

E-3504 / 95 by Stephen Hughes to the Commission
Subject : Humanitarian aid projects 64

P-3553 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Funding of the Guben / Gubin waste water treatment plant ( joint German and Polish
environmental project ) 65

P-3554 / 95 by Freddy Blak to the Commission
Subject : Problems connected with repetitive work 66

E-3570 / 95 by Mihail Papayannakis to the Commission
Subject : Elimination of HCFCs 66

E-3605 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community subsidies to associations, NGOs and various bodies 66

E-36 10 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community subsidies to associations, NGOs and various bodies 67

E-36 11 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community grants to associations, NGOs and other bodies 67

E-3612 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community grants to associations, NGOs and other bodies 67

Joint answer to Written Questions E-3611 / 95 and E-3612 / 95 67

( Continued overleaf )

Notice No Contents ( continued ) P age

96 / C 91 / 120 E-3656 / 95 by Martina Gredler to the Commission
Subject : Thrombosis risk associated with new oral contraceptives 67

96 / C 91 / 121 E-3658 / 95 by Josu Imaz San Miguel to the Commission
Subject : Textile agreement with the United Arab Emirates 68

96 / C 91 / 122 P-l / 96 by Irene Soltwedel-Schäfer to the Commission
Subject : Validation of in vivo experiments serving to confirm or rule out infectibility of tissue with
the BSE pathogen 68

96 / C 91 / 123 E-70 / 96 by Amedeo Amadeo to the Commission
Subject : Monk seals 69

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27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-497 / 95

by Fausto Bertinotti ( GUE / NGL )

WRITTEN QUESTION E-950 / 95

Bertinotti ( GUE / NGL ) by Nel van Dijk ( V )

to the Commission to the Commission

to the Commission

( 27 February 1995 )

( 31 March 1995 )

{ 96 / C 91 / 01 ) ( 96 / C 91 / 02 )

Subject : Protection of ' lesser kestrels ' in the Matera rock

faces (' Sassi ')

The ' lesser kestrel ', the only bird of its species to nest in
colonies in urban areas, is dying out . The largest colony of
such birds, in Matera rock faces ( Italy ), is seriously
threatened .

Will the Commission state what measures it intends to take,
in conjunction with the commune of Matera and / or the
Basilicata region, to save the ' lesser kestrel '?

Supplementary answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 December 1995 )

The Commission has recently received information from the
Italian authorities, which indicates that the species Falco
naumanni is not decreasing in the area of Sassi at Matera .
However, in view of the general decline of the species in its
distribution range, an action plan for the conservation of
this species was discussed at the meeting of the committee
pursuant to Article 16 of the Birds Directive 79 / 409 / EEC (')
on 12 December 1995, and will be discussed in the
framework of the next meeting of the Standing Committee
of the Bern Convention on the conservation of European
wildlife and natural habitats .

(') OJ No L 103, 25 . 4 . 1979 .

Subject : Protection of hamsters in Limburg

The common hamster ( Cricetus cricetus ) has declined
considerably, both in numbers and in distribution, in the
Netherlands, according to a recent reply from the Minister
for Agriculture, Nature Management and Fisheries to
questions from four Members of the Lower House of the
Netherlands Parliament ( Written Questions of 19 January

1995 by the members Stellingwerf, Swildens-Rozendaal,
Esselink and M. B. Vos, Minister 's reply of 27 February

1995 ). Hitherto, no account has been taken of the hamster
in land-development projects or physical planning and
development, despite the fact that the EU 's Habitats
Directive ( Directive 92 / 43 / EC ( Appendix IV )) (*) ( hamsters
are also protected under Appendix II to the Bern
Convention, the Dutch Nature Conservancy Act and the
Protected Indigenous Animal Species Decree ) requires strict
protection of hamster populations .

Will the Commission evaluate the following projects in the
province of Limburg, which concern areas in, or close to,
which hamster populations are known or suspected to exist,
in the light of the strict protection requirement laid down in
the Habitats Directive, or will it ascertain whether such
evaluations are already being carried out, for example as
part of environmental impact assessments :

— land development in Roerdal, Mergelland and Centraal

Plateau, development of an industrial estate at
Margraten, and the projected route of the A73 along the
east bank of the Maas ( Meuse ), particularly around
Roermond ; the research consultants Natuurbalans of
Nijmegen have shown that there are hamster
populations in or near these areas ;

— the projected East-West runway at Maastricht-Aachen

Airport, against which the association Das & Boom has

No C 91 / 2 EN Official Journal of the European Communities 27 . 3 . 96

brought legal proceedings because of the possible
disturbance to hamster burrows ( 2 );

— the proposed cross-border Aachen-Heerlen economic

development area ; Naturschutzbund Aachen ( 3 ) and
Aktiegroep Industrieterrein Langveld ( 4 ) have already
informed the Commission that this area is a hamster

habitat .

What is the situation with regard to the protection of
hamsters in their habitat in Germany on the border with
Limburg ?

What will the Commission do if its inquiries show that
certain land development, infrastructure or construction
projects in Limburg are damaging hamster burrows and / or
destroying the species ?

(') OJ No L 206, 22 . 7 . 1992, p . 7 .

( 2 ) Milieudefensie ( monthly magazine ), March 1995 .

( 3 ) De Limburger, 10 January 1992 .

( 4 ) Report, ' Groeien aan de Grens ?', Bocholtz, February 1995 .

Supplementary answer given by Mrs Bjerregaard

on behalf of the Commission

(1 December 1995 )

Following its answer of 12 May 1 995 ( ) the Commission
would like to offer the Honourable Member the following
further information :

Article 12 of Directive 92 / 43 / EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora

provides that Member States take the requisite measures to
establish a system of strict protection for the animal species
listed in Annex IV(a ) in their natural range, prohibiting inter
alia the deliberate disturbance of these species and the
deterioration or destruction of breeding sites or resting
places . The hamster (C ricetus cricetus ) is referred to in
Annex IV(a ).

The protection of the hamster in Dutch legislation is
governed by the Natuurbeschermingswet, Article 22 of
which provides for the designation of protected wild animal
species . In the ' Besluit beschermde diersoorten ' the hamster
is so designated .

According to Article 16 of the ' habitat ' Directive Member
States may, under certain conditions, derogate from the
provisions of Article 12 .

The Commission is still waiting to hear from the Dutch

authorities as to whether, in the presence of populations of
this protected species, the various projects referred to by the
Honourable Member must have a derogation ; and if a
derogation is required, whether one has been granted .

As for the A 73 motorway construction project, the
Commission has been informed that there has been an

environmental impact assessment for the project and that it
does take account of the effects on the hamster

population .

(') OJ No C 179, 13 . 7 . 1995 .

WRITTEN QUESTION E -l 847 / 95

by Elly Plooij-van Gorsel ( ELDR )

to the Commission

(3 July 1995 )

( 96 / C 91 / 03 )

Subject : Quota regulation for the appointment of
handicapped workers in the European
institutions

The answer I received to my Written Question E - 105 1 / 95 (' )
on the appointment of handicapped workers in the
European institutions was that no quota system existed for
such employees, but that an inter-service working group had
been established within the Commission to produce a code
of practice on this subject .

1 . Does such a code of practice mean that more
handicapped people will in fact be appointed ?

2 . Why does the Commission not introduce a quota system
for appointments to posts within the European
institutions which gives preference to qualified
handicapped employees ?

3 . Are records kept of the numbers of handicapped
employees working for the various institutions ? If so,
what were the relevant percentages for Parliament, the
Council and the Commission respectively for the years
1992, 1993 and 1994 ? Do these figures suggest that a
quota system needs to be introduced ?

(') OJ No C 222, 28 . 8 . 1995, p . 35 .

Supplementary answer given by Mr Liikanen

on behalf of the Commission

(9 October 1995 )

Further to its answer of 17 July 1995, the Commission is
now able to provide the following additional
information .

1 . A code of practice for the employment of people with
disabilities is in the course of preparation within the
Commission . The code will emphasize the positive
attitude that the Commission takes towards disability
and its commitment to ensuring that all qualified
European citizens should have an equal opportunity for
employment in its service . It is therefore to be hoped that
this will encourage more candidates to participate in the
Commission 's recruitment competitions .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 3

2 . To be qualified for nominations to a post in the
Commission a person 's name must figure on the reserve
list of candidates successful in an open competition . The
Commission takes all possible measures to enable
disabled people to compete on equal terms with other
candidates in its competitions and does its best to ensure
that disabled candidates on the reserve lists are offered

appropriate posts . However, the Commission does not
consider it appropriate to reserve a specific number of
posts for disabled people .

3 . Within the Commission disabled people are not the
subject of any specific statistical analysis and the
situation in other institutions is not known . The

Commission is therefore unfortunately not able to
provide the Honourable Member with the information
she requests .

level and recording the full range of environmental
impact ?

4 . What place does ecotoxicological, and in particular
long-term toxicological, research have in existing risk
assessment procedures ?

5 . Is is not necessary in this field to improve coordination
with the Community 's policy on chemicals, i.e. the
authorization / notification of new chemicals and the

assessment of existing chemicals in order to harness
synergy with a view to improving environmental
protection in the Community ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

( 2 ) OJ No L 230, 19 . 8 . 1991, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission
WRITTEN QUESTION E-2 177 / 95

by Ursula Schleicher ( PPE ) (1 December 1995 )

to the Commission

( 28 July 1995 )

( 96 / C 91 / 04 )

Subject : European water pollution control and the
precautionary principle

The Treaty stipulates that environmental protection should
be based on the precautionary principle . Nevertheless, the

1976 Directive ( 76 / 464 / EEC ) (') and the proposed IPPC
Directive permit the discharge of certain substances whose
impact on the environment is little known, if known at all .
The International Conference on the Protection of the

North Sea therefore called on the Commission to propose,
in conjunction with legislation on chemicals, a timetable for
assessing the risks posed by substances which adversely
affect water quality . Annex VI of Directive 91 / 414 / EEC ( 2 )
concerning the placing of plant protection products on the
market is intended, in the same way, to result in Community
authorization criteria which take account of environmental

impact . As the success of the 1976 Directive demonstrates,
emission standards have been adopted for relatively few

( 17 ) List I substances in 20 years . A 12-year programme is
planned for the authorization of plant protection products,
although its start date has already been delayed by at least

one year .

1 . Is the 1976 approach and the approach embodied in the
IPPC Directive actually in keeping with the
precautionary principle laid down in Article 130s of the
Treaty ?

2 . Does the precautionary principle not call for rigorous
risk management, i.e. the prohibition of discharges of
substances whose impact on the environment has not
been adequately demonstrated on the basis of the
European notification procedure ?

3 . What prospects does the Commission see for reaching

agreement on such assessment procedures at a European

The best efforts approach embodied in the Council common
position on the proposed integrated pollution prevention
and control Directive ( IPPC ), and in particular in its
Article 8, is a direct application of the precautionary
principle as laid down in Article 130s EC Treaty . It takes
account of the fact that full information on the impact of a
discharge from an IPP installation is not in general available,
and that therefore control measures driven by best available
techniques should be introduced .

The precautionary principle does call for risk management,
but this is not the only consideration involved . Risk
assessment is employed to reduce uncertainties in risk
management, so that risk management is based on probable
rather than potential effect . Indeed rigorous risk
management should involve a characterization of the
risk .

The Commission expects to reach agreement at Community
level on revised risk assessment procedures for chemical
substances . These are laid down in a very detailed technical
guidance document ( TGD ) and elaborate principles already
included in Community legislation ( Directive 93 / 67 / EEC,
Regulation ( EC ) No 1488 / 94 ). However work is still needed
on exposure assessment regarding the marine
environment .

Risk assessment procedures allow rapid adjustment in case
of new methodological developments with regard to any
aspects of effect or exposure . Current revision of TGDs has
introduced guidance for dealing with poorly soluble metal
compounds and petroleum products . Further revisions are
inevitable, but none are foreseen in the immediate future .

Existing coordination between Community work on water
quality and risk assessment of new and existing chemicals
provides for risk assessment of substances dangerous to

No C 91 / 4 EN Official Journal of the European Communities 27 . 3 . 96

water . The conclusions may lead to new or revised controls
regarding emissions to water .

WRITTEN QUESTION E-2 178 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 91 / 05 )

Subject : European water pollution control and water

pollution

Many of our seas, rivers and lakes are undeniably polluted .
' Users ' generally view the situation differently .
Environmental legislation forces the authorities into the role
of defenders of the environment . The key question concerns
the definition and measurement of pollution . Using current
methods of measurement and detection, it is possible to
establish molecular concentrations of virtually any
substance in the natural environment . This brings ' new '
cases of pollution to light many of which are in fact
' old '.

1 . How does the Commission assess the level of pollution
of European waters, including inland waters,
groundwater, coastal waters and seas ?

2 . What degree of comparability exists between the data

obtained from the various measurements of water

pollution in Europe ?

3 . Is the current level of monitoring of water pollution
adequate and are the measurement programmes
commensurate with the pollution problems, or are fresh
approaches required ?

4 . Implementation of the current bathing water Directive
shows that the cost of taking measurements is already
too high for the Member States . How much effort
should be extended on the taking of measurements and
what limits, if any, are there ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(7 December 1995 )

A number of Directives in the water sector have been

adopted the last 20 years . When there is a reporting
obligation, the Commission assesses the data received from
the Member States in order to assess the level of pollution of
European waters . These data allow the determination of
general trends in the water pollution and where specific
targets have been set within Directives, conclusions can also
be drawn on the quality of the aquatic environment .
Framework requirements for monitoring methods exist in
legislation relating to the water sector and are required to be
used as minimum standards by the Member States . The level
of comparability of data across Member States is difficult to
assess . The monitoring programmes in place are designed

for the specific purpose of showing compliance with their
respective Directives .

The bathing water Directive is a case in point . The Council
adopted Directive 76 / 160 / EEC concerning the quality of
bathing water on 8 December 1975 ('). The aim of this
Directive is to protect public health and the environment . In
order to guarantee a high level of protection, a number of
standards related to microbiological and physicochemical
parameters must be respected and monitored, as laid out in
the Annex of the Directive . By adopting this Directive,
Member States accepted the monitoring obligations which
are an integral part of the Directive .

There have been several advances in the field of monitoring
methodology in the last decade, notably in the field of
biomonitoring . It is the intention that the new approach
proposed in the ecological quality of water Directive will
exploit these ( COM(93 ) 680 final ) ( 2 ).

(') OJ No L 31, 5 . 2 . 1976 .

( 2 ) COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

WRITTEN QUESTION E-2 199 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 91 / 06 )

Subject : European water pollution control — proliferation

of measures to monitor and / or improve
implementation

Under Article 155 of the Treaty, the Commission must
ensure that the Treaty is applied .

In environmental law, the Commission relies firstly on the
content of Member States ' legislation, the results of which
are reported on annually to Parliament in the reports on the
monitoring of the application of Community law .

Information and complaints to the Commission constitute a
second source, and the future water reports based on the
water questionnaires under Directive 91 / 692 / EEC ( 1 ),
standardizing and rationalizing reports on the
implementation of certain Directives relating to the
environment are a third source, and any special reports
called for by the Commission constitute the fourth

source .

In the Fifth Environmental Action Programme, a separate
chapter is given over the questions of transposition and
implementation of EU legislation, in which eight points are
set out by way of practical reform .

In addition, an advisory forum has been set up — a network
of representatives of national authorities and of the

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 5

Commission dealing with the practical implementation of
Community measures ( Chester Network ) — and, lastly,
there is a group of senior officials at Director-General level
which reviews environmental policy with representatives of
the Commission and of the Member States .

1 . Have these diverse measures led to an improvement in
implementation of Community law ?

2 . Why has the Commission hitherto failed to submit the
air questionnaire and the waste questionnaire under
Directive 91 / 692 / EEC and failed in the past to meet its
obligations to report on the implementation of certain
water Directives ?

3 . Is it practical to develop new rules on water if
implementation of the existing water Directives cannot
yet be sufficiently verified and evaluated and if the
necessary basis for this will not be available until 1 996 at
the earliest, when the water questionnaires have been
answered ?

t 1 ) OJ No L 377, 31 . 12 . 1991, p . 48 .

Answer given by Mrs Bjerregaard

3 . Under the EC Treaty, the Commission has the power
of legislative initiative and is always mindful of the
desirability of enhancing the quality of Community
legislation and of adapting it where necessary in the light of
experience and results, as Member States do with their own
national legislation .

This legitimate vocation of the Commission should not be
hampered for the reasons put forward by the Honourable
Member . Furthermore, the Commission has gained
experience in assessing the performance and efficiency of
existing legislation over the course of the years . The reports
which will be produced under Directive 91 / 692 / EEC will be
an additional and valuable information source on the

implementation of the Directives concerned, but will not be
the only such source .

(') OJ No C 138, 17 . 5 . 1993 .

( 2 ) OJ No L 247, 27 . 8 . 1992 .

( 3 ) OJ No L 200, 24 . 8 . 1995 .

( 4 ) OJ No L 296, 17 . 11 . 1994 .

on behalf of the Commission WRITTEN QUESTION E-2359 / 95

(6 November 1995 ) by Peter Crampton ( PSE )

to the Commission

1 . It is premature to assess whether the initiatives
suggested in the fifth Community action programme of
policy and action in relation to the environment and
sustainable development (') have already had a positive
effect with regard to the implementation and enforcement of
Community law .

2 . With regard to the present situation concerning the
implementation of Council Directive 91 / 692 / EEC of
23 December 1991, standardizing and rationalizing reports
on the implementation of certain Directives relating to the
environment, the Commission has adopted and published
Decisions 92 / 446 / EEC ( 2 ) and 95 / 337 / EC ( 3 ), concerning the
questionnaires relating to Directives mentioned in Annexes I
and II of the Directive ( water sector ), and Decision
94 / 741 / EC ( 4 ), concerning the questionnaires relating to
Directives mentioned in Annex VI to the Directive ( waste
sector ).

The Commission decided not to adopt the questionnaires
relating to Directives mentioned in Annexes III, IV and V

( air sector ), because it considered that some of these
questionnaires had not been sufficiently discussed between
the Commission and the Member States . In order to achieve

a higher level of consensus and understanding with the
Member States in the preparation of these questionnaires
with a view to guaranteeing their efficiency, revised versions
of the questionnaires concerned were submitted to the
Member States and the Commission expects that these
could be adopted in the near future, once the necessary
discussions take place .

(1 September 1995 )

( 96 / C 91 / 07 )

Subject : EU research funding — United Kingdom
universities

How much has each UK University received from European
Union research funds in the past five years ?

Supplementary answer given by Mrs Cresson

on behalf of the Commission

(5 December 1995 )

Further to its answer of 14 September 1995, the
Commission is now in a position to communicate its
findings . The information has been obtained from various
databases as there is no central computer system covering all
the research programmes .

The details, consisting of several lengthy computer
printouts, will be sent direct to the Honourable Member and
the Parliament 's Secretariat .

No C 91 / 6 EN Official Journal of the European Communities 27 . 3 . 96

WRITTEN QUESTION E-2587 / 95

by Ben Fayot ( PSE )

to the Commission

him when pursuing his profession in the Member State of
origin or in the Member State from which he came .'

( 27 September 1995 ) (>) OJ No L 165, 7 . 7 . 1993 .

( 96 / C 91 / 08 )

Subject : Free movement of doctors : transmission of
information between national authorities

Doctors are authorized to practise medicine in a Member
State which is not their country of origin on the basis of
diplomas, certificates of good conduct and judicial records
supplied by the authorities of the doctor 's country of
origin .

However, subsequent to this authorization being granted,
judicial inquiries may be instituted against a doctor, whether
in his country of origin or in another Member State of the
Union, or he may be barred from practice, without the host
country knowing anything about it .

Such information is not forwarded to the host country 's
authorities . This means that a doctor barred from practising
medicine in one country could continue to do so in
another .

Is it not desirable, in the interests of the medical profession
itself, to follow up freedom of movement for doctors with a
system for the transmission of up-to-date information on
disciplinary decisions, including a suspension or ban on
medical practice between the competent authorities of the
Member States ?

Answer given by Mr Monti
on behalf of the Commission

(9 November 1995 )

Council Directive 93 / 16 / EEC of 5 April 1993 to facilitate
the free movement of doctors and the mutual recognition of
their diplomas, certificates and other evidence of formal
qualifications ( J ) already contains provisions allowing the
exchange of information regarding measures, disciplinary
action and criminal penalties . Article 12(1 ) provides that

' Where, in a host Member State, provisions laid down by
law, regulation or administrative action are in force
laying down requirements as to good character or good
repute including provisions for disciplinary action in
respect of serious professional misconduct or conviction
of criminal offences and relating to the pursuit of any of
the activities of a doctor, the Member State of origin or
the Member State from which the foreign national comes
shall forward to the host Member State all necessary
information regarding measures or disciplinary action of
a professional or administrative nature taken in respect
of the person concerned or criminal penalties imposed on

WRITTEN QUESTION E-2642 / 95

by Gianni Tamino ( V )

to the Commission

(2 October 1995 )

( 96 / C 91 / 09 )

Subject : Failure to carry out an environmental impact

assessment for the Bolzano — Merano motorway

( Italy )

The ANAS ( the Italian National Motorways Association )
has been working for the last few years on a four-lane
motorway between Bolzano, the capital of the province of
the same name, and Merano, the second most populous
town in the province, 25 km from Bolzano . The building of
the highway has been interrupted on several occasions by
protests from peasant farmers whose land has been
expropriated, proceedings brought by environmentalists
and corruption scandals . In May this year the High Court of
Le Acque granted an appeal by the WWF and ordered an
immediate halt to the work . The initial work on the highway
was begun before the authorities of the Autonomous
Province of Bolzano, who have responsibility, had
transposed a law on the environmental impact assessment

( EIA ) and the Provincial Council had not therefore deemed
it necessary to carry out an EIA . However, following recent
proceedings, it has emerged that an EIA was necessary, and
the Provincial Council has made provision for an EIA
relating to the section referred to in the judgment of the Le
Acque Court in accordance with a special clause of the
Provincial Law . Articles 8, 9 and 10 of this Law ( Provincial
Law No 27 of 7 July 1992 ) stipulate that, for certain
projects, a simple opinion of the EIA committee, a body
consisting of 13 members, 1 1 of whom are appointed by the
Provincial Council, is enough . This ' short-cut ' has been used
in the case of the motorway in question, without an
environmental impact assessment being carried out in
accordance with the criteria set out in Directive

85 / 337 / EEC ( ] ).

Is the Commission aware of the above facts ?

Does the Commission consider that a simple opinion by a
government-appointed committee is sufficient to assess the
environmental impact of a 25-km four-lane motorway, such
as the planned link between Bolzano and Merano, even
though the opinion applies only to a section of it ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 7

If not, does the Commission intend to pursue the matter
with the Italian authorities, as regards both this specific case
and the substance of the Bolzano Provincial Law ?

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

Answer given by Mrs Bjerregaard

on behalf of the Commission

Like the Honourable Member, it emphasizes the importance
of integrated forest-protection policies in Member States,
while pointing out that this matter is largely their
responsibility . Nevertheless, the Council adopted a specific
Community measure to protect forests from fire in 1986,
which was strengthened in 1992, intended to give greater
effect and consistency to action financed by Member States
and the Community in this field .

(1 December 1995 ) Under the scheme, preventive measures by Member States in
fire-hazard areas can be jointly financed . Since 1992, ECU
47 million has been allocated to preventive projects, on

Such motorway construction is covered by point 7 of condition that they form part of national or regional
Annex I to Directive 85 / 337 / EEC and must therefore

fire-protection plans on which the Commission has

undergo prior impact assessment in accordance with the delivered a favourable opinion .
Directive . The Italian Government has transposed Annex I
to the Directive into national law .

As regards this particular case, the Italian authorities have
been approached for further information . One question is
whether project authorization was granted before or after
Directive 85 / 337 / EEC was transposed into Italian law .

The Commission will be sure to keep the Honourable
Member informed of any further developments .

Through the scheme, too, a Community information system
on forest fires has been set up to study the causes of fire,
evaluate protective action and promote the exchange of
information, in close collaboration with the Standing
Forestry Committee . The first report on the implementation
of the system is to be published shortly .

The system is an important tool of Community and
international cooperation for analysing the causes of fires
and the development of new strategies for protecting forests
from fire, which goes beyond the mere subsidiarity aspect of
WRITTEN QUESTION E-2678 / 95 Community joint financing of national preventive
by Alexandros Alavanos ( GUE / NGL ) measures .

to the Commission

(4 October 1995 )

( 961 C 91 / 10 )

Subject : Research on the Mediterranean pine forest

The fires which once again ravaged Mount Pendelis and
other areas of pine forest in Greece during the summer of

1995 highlight the need for an integrated, comprehensive
policy to protect the Mediterranean pine forest, going
beyond the normal preventive and repressive measures to
include research .

Has the Commission taken any measures under the EU 's
research programmes and in assisting European research
workers with such projects ? If so, what are they ?

The Standing Forestry Committee, which is made up of
government-appointed experts, has from the outset called in
representatives from agricultural organizations . It seems
clear that many fires owe their origin to the massive changes
in rural society . There are, furthermore, a number of
Community measures which can help to enhance the
farmer 's key role in protecting the forests .

The agricultural organizations gave that role practical
expression at a seminar held in late 1993 in Seville, which
was attended for the first time not only by farmers ' unions
but also by delegates from the Standing Forestry Committee
and representatives of the Commission and Parliament ;
those involved wish to continue this initiative, with an
integrated approach to the problem together with rural

operators .

Answer given by Mr Fischler A further seminar is under consideration for 1996 to
on behalf of the Commission
continue work along the same lines .
(5 December 1995 )

The Commission is particularly concerned by the serious
problem posed by forest fires which seriously affect
southern Member States .

A large number of preventive measures have also been
included in regional development programmes and, in Spain
and Greece, the Cohesion Fund .

No C 91 / 8 EN [ Official Journal of the European Communities 27 . 3 . 96

Special effort has been directed towards forest fires as part
of Community environmental research and development .

Multi-disciplinary research projects have been initiated
under Epoch ( European programme on climatology and
natural hazards 1989 — 1992 ) ( 1 ) and the programme on the
environment ( 1991 — 1994 ) ( 2 ), in order to encourage and
coordinate research by subject teams in several European
countries, often working in isolation . A Community
contribution of about ECU 6,5 million has been made
towards twelve projects involving 60 institutions in nine
Member States ; they are now in progress as part of the
environment programme .

These projects address the modelling of fire behaviour in
specifically Mediterranean conditions, the effects of fires on
soil and vegetation, with particular importance attaching to
the role of the forest as a dynamic system, and the
integration of technological decision-making aids for the
prevention and fighting of fires . The results are expected to
lead to an improvement in fire prevention and fire-watching
systems and provide a scientific basis for implementing
policies to protect forests from fire .

The work continues as part of the fourth framework
programme of Community R&D activities ( 1994 —
1998 ) ( 3 ) and, with more particular emphasis, as part of the
environment and climate programme ( 1994 —
1998 ) ( 4 ). The first call for proposals under the latter
programme closed on 27 April and has led to another four
projects being proposed for financing by the Commission in
this field .

(!) OJ No L 359, 8 . 12 . 1989 .

( 2 ) OJ No L 192, 16 . 7 . 1991 .

( 3 ) OJ No L 126, 18 . 5 . 1994 .

( 4 ) OJ No L 361, 31 . 12 . 1994 .

WRITTEN QUESTION E-2717 / 95

by Gerardo Fernandez-Albor ( PPE )

to the Commission

(6 October 1995 )

( 96 / C 91 / 11 )

Subject : Compatibility with Community provisions on

freedom of competition of national regulations on
the opening of pharmacies

Almost the entire population of the Andalusian village of
Campocamara, Spain, recently organized a popular protest,
which included blocking local roads, to demand that a
pharmacy be opened in the village, on the ground that the
nearest pharmacy is 1 7 kilometres away . This situation must

surely raise questions about the legitimacy of the rules laid
down by the Spanish Pharmacists ' Association, which
prohibit the opening of pharmacies in localities with less
than 5 000 inhabitants .

These regulations are insensitive to the fact that, in order to
obtain any medicinal products urgently, a resident of this
village has to travel 17 kilometres, which sometimes
seriously endangers the life of the person in need of the
medicine . The regulations also do not take account of the
fact that eight unemployed pharmacists have applied to the
local council for a licence to open a pharmacy in the
village .

Can pharmaceutical regulations which prohibit the opening
of pharmacies in places with less than 5 000 inhabitants,
with a total disregard for the distances and other
circumstances which may be faced by a human and social
entity such as the above Andalusian village, be considered
compatible with Community provisions on freedom of
competition ?

Answer given by Mr Van Miert

on behalf of the Commission

( 11 December 1995 )

The Commission considers that decisions of professional

bodies which restrict competition fall within the scope of
Article 85 of the EC Treaty, even if those decisions are taken
within the framework of powers delegated by the Member
State . The two decisions which it has adopted to date
concerning the professions illustrate this principle ( Decision
of 30 June 1993 ( ! ) and Decision of 30 January 1995 ( 2 )).

However, the decisions of the pharmacists ' association to
prohibit the opening of pharmacies in the Andalusian
municipality of Campocamara and, more generally, in any
municipality with fewer than 5 000 inhabitants, to which
the Honourable Member refers in his question, are unlikely
to have an appreciable effect on trade between Member
States . Where no such effect is evident, Articles 85 and 86
are inapplicable .

As regards the right of establishment and, in particular, the
application of Article 52 of the EC Treaty, under the second
recital of Directive 85 / 432 / EEC of 16 September 1985
concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of certain
activities in the field of pharmacy ( 3 ), the geographical
distribution of pharmacies and the monopoly of the supply
of medicinal products continue to be matters for the
Member States . As long as they are applied in a
non-discriminatory manner, therefore, measures such as
those in the case in point are not incompatible with the
principle of freedom of establishment .

(') OJ No L 203, 13 . 8 . 1993 .

( 2 ) OJ No L 122, 2 . 6 . 1995 .

( 3 ) OJ No L 253, 24 . 9 . 1985 .

27 . 3 . 96 P EN Official Journal of the European Communities No C 91 / 9

WRITTEN QUESTION E-2 724 / 95

by Guido Podestà ( UPE ), Claudio Azzolini ( UPE ),
Giancarlo Ligabue ( UPE ), Luigi Caligaris ( UPE ) and

Gian Boniperti ( UPE )

to the Commission

(6 October 1995 )

{ 961 C 91 / 12 )

Subject : 1995 action plan for advanced television
services

In 1995 the Commission issued an invitation to tender for

the allocation of funding to operators of broadcasting
networks which intend to broadcast advanced type
television programmes in 16:9 format . The scheme was also
accompanied by special incentives to promote the
production and broadcasting of programmes in 16:9 format
in those European Union Member States where the market
has not yet developed ( Italy, Denmark, Greece and Ireland ),
with the percentage of expenditure reimbursed being
increased from 50% to 80% . Italy has submitted four
projects, with financing applications of 250 hours, 200
hours, 600 hours and 62 hours respectively . Following an
initial technical study, only the first of these applications
was accepted in full, thereby being admitted to
' pre-selection ' for the financing of 250 of the 20 000
broadcasting hours eligible throughout Europe . The
project, which was submitted through the Syntesia
consortium, has been promoted by the publishers of four of
the leading daily newspapers in the south of Italy : La
Gazzetta del Mezzogiorno, La Gazzetta del Sud, La Sicilia
and II Giornale di Sicilia . However, inexplicably despite
Italy 's initial inclusion amongst those eligible, no funding
was subsequently awarded to the Syntesia consortium 's
project .

Can the Commission therefore state :

1 . what criteria are used in the assessment and selection of

projects ?

2 . why, despite the initial pre-selection, the Syntesia project

( and hence Italy ) was excluded from the final phase of
allocating financing under the 1995 action plan ?

3 . why it did not reconvene the committee of experts
before sending the definitive letter on the allocation of
financing ?

WRITTEN QUESTION E-2736 / 95

by Salvatore Tatarella ( NI )

to the Commission

(6 October 1995 )

( 96 / C 91 / 13 )

Subject : The projects submitted by the Syntesia
Consortium

San Marco group under the 1995 action plan for the
introduction of advanced television services have not been

approved, given that the two projects had been admitted to
the pre-selection stage as they broadly fulfilled the technical
and economic / financial requirements stipulated under the
plan, that five broadcasting companies from the south of
Italy ( the Apulian company Antenna Sud and the Sicilian
company Antenna Sicilia as well as RTP, Tele Etna and
TGS ) and the publishers of leading daily newspapers in the
south of Italy ( La Gazzetta del Mezzogiorno, La Sicilia, II
Giornale di Sicilia and La Gazzetta del Sud ) form part of the
Syntesia Consortium and that the Veneto broadcasting
company Telenuovo Veronese and major enterprises from
the Veneto region ( Benetton, Coin, Stefanel, Riello and
Tognana ) form part of the Editoriale San Marco group ?

As the exclusion of the two Italian projects is heavily
penalizing Italy, one of the countries promoting and
financing the action plan, is failing to guarantee a fair
distribution between the Member States and is encouraging
the creation of cartels, including amongst the different
entities, can the Commission explain why the projects were
not approved ?

WRITTEN QUESTION E-2754 / 95

by Gianfranco Dell'Alba ( ARE )

to the Commission

( 12 October 1995 )

( 96 / C 91 / 14 )

Subject : 1995 action plan for advanced television
services

In 1995 the Commission issued an invitation to tender for

the allocation of funding to operators of broadcasting
networks which intend to broadcast advanced type
television programmes in 16:9 format . The scheme was also
accompanied by special incentives to promote the
production and broadcasting of programmes in 16:9 format
in those European Union Member States where the market
has not yet developed ( Italy, Denmark, Greece and Ireland ),
with the percentage of expenditure reimbursed being
increased from 50% to 80% . Italy has submitted four
projects, with financing applications of 250 hours, 200
hours, 600 hours and 62 hours respectively . Following an
initial technical study, only the first of these applications
was accepted in full, thereby being admitted to
' pre-selection ' for the financing of 250 of the 20 000
broacasting hours eligible throughout Europe . The project,
which was submitted through the Syntesia consortium, has
been promoted by the publishers of four of the leading daily
newspapers in the south of Italy : La Gazzetta del
Mezzogiorno, La Gazzetta del Sud, La Sicilia and II Giornale
di Sicilia . However, inexplicably despite Italy 's initial
inclusion amongst those eligible, no funding was
subsequently awarded to the Syntesia consortium 's
project .

Can the Commission state the reasons why the projects
submitted by the Syntesia Consortium and the Editoriale Can the Commission therefore state :

No C 91 / 10 I EN 1 Official Journal of the European Communities 27 . 3 . 96

1 . what criteria are used in the assessment and selection of

projects ?

2 . why, despite the initial pre-selection, the Syntesia project

( and hence Italy ) was excluded from the final phase of
allocating financing under the 1995 action plan ?

3 . why it did not reconvene the committee of experts
before sending the definitive letter on the allocation of
financing ?

They should, as a consequence be in a position to submit a
better response to further calls, should they wish to do

so .

(') OJ No C 340, 18 . 12 . 1995 .

( 2 ) OJ No L 196, 5 . 8 . 1993 .

WRITTEN QUESTION E-2735 / 95

Joint answer to Written Questions by Cristiana Muscardini ( NI )
E-2 724 / 95, E-2 736 / 95 and E-2754 / 95 to the Commission

given by Mr Bangemann
on behalf of the Commission

(6 October 1995 )

( 96 / C 91 / 15 )
( 14 December 1995 )

The Commission would refer the Honourable Members to
its answer to Written Question P-2649 / 95 by Mrs Marin (')
covering most of the concerns expressed .

In order to be complete, the Commission would add the
following information :

1 . The criteria used by the external independent evaluator
contracted by the Commission are strictly those set out
in Council Decision 93 / 424 / EEC of 22 July 1993 on an
action plan for the introduction of advanced television
services in Europe ( 2 ).

2 . The highest score achieved by any Italian project in the
independent evaluation was ' Proposal showing major
weaknesses requiring major modifications before it
could be accepted '.

Despite the low quality of the projects evident from the
written proposals, the Commission nonetheless
welcomed the interest shown in wide-screen television

by these small Italian broadcasters . It was in marked
contrast to the indifference of the Italian national

channels . The Commission was very aware of the
potential of these projects for offering wide-screen to the
Italian public at local level .

The Commission was specifically concerned that the
written projects were incomplete in many respects .
Therefore, a representative of the Commission visited
the companies to seek clarification of the proposals and
to make a direct assessment of the strengths of the
proponents themselves . As a result, the Commission is
now convinced of the high technical capacity and
financial soundness of the applicants ; however the
proposals could nevertheless not be retained as
submitted .

3 . The members of the committee were kept informed
throughout the process .

The Commission maintains regular contacts with applicants
with a view to explain in detail what are the requirements .

Subject : Projects posing environmental risks in the Ticino

national park

In its reply to Written Question E - 1377 / 95 (') on
environmental risks caused by oil drilling in the Ticino
national park, the Commission said that it had

' asked the Italian authorities for more details concerning
this project and whether it will be subject to an
environmental impact assessment '.

1 . Has the Commission received the additional details

requested ?

2 . Has the project been subject to an environmental impact
assessment ?

3 . Has the park been included in the list of sites pre-selected
as future special areas of conservation within the
meaning of Directive 92 / 43 / EEC ( 2 )?

4 . Is the Commission in a position to make its own
assessment, through the Ispra research centre, of
whether the threatened drilling operations genuinely
represent a risk for local inhabitants and the
environment, as claimed by the local authorities ?

( ] ) OJ No C 230, 4 . 9 . 1995, p . 38 .

( 2 ) OJ No L 206, 22 . 7 . 1992, p . 7 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 30 November 1995 )

According to information received by the Commission from
the Italian authorities, the Trecate Villafortuna oil field
which straddles the Piedmont and Lombardy regions was
discovered by the company Agip in 1984 and came on
stream in 1988 . So far, 27 wells have been drilled, some of
them in the Ticino regional park .

27 . 3 . 96 [ EN | Official Journal of the European Communities No C 91 / 11

Oil extraction projects are covered by Annex II to Directive
85 / 337 / EEC ( 1 ). As regards projects involving exploration
for and production of hydrocarbons, Law No 9 of 9 January

1991 lays down that they are subject to an environmental
impact assessment . The provisions governing the
environmental impact assessment for projects involving
exploration for and extraction of hydrocarbons were
published by Presidential Decree ( DPR ) No 526 of 18 April

1994 .

As the oil field in question entered into production before
the adoption of these laws or regulations, it was not the
subject of an environmental impact assessment .

The activities carried out in the Ticino park have been
regulated by an agreement between Agip and the park
authorities .

As regards the new Villafortuna 14x well, the granting of
prospecting, exploration and extraction permits is subject,
under DPR 526 / 94, to the presentation of environmental
impact studies followed by a declaration of environmental
compatibility from the Environment Ministry . Article 9 of
DPR 526 / 94 also lays down that hydrocarbon prospecting,
exploration and extraction activities in natural areas which
are protected or subject to certain safeguards may be the
subject of ad hoc agreements between the authorities or
bodies responsible for the management of those areas .

The Italian authorities have communicated the list ( but not
the plans ) of the sites proposed as sites of Community
importance within the meaning of Directive 92 / 43 / EEC . The
Ticino Valley natural park is apparently included in this list .
However, pending receipt of the plans of the site, the
Commission is unable at present to establish whether the
whole area has been included or only a part thereof .

Article 6 of Directive 92 / 43 / EEC applies to sites of
Community importance thus designated . Under this Article,
plans and projects which could have a significant impact on
those sites must be the subject of an assessment of the effects
they will have . In certain specific cases, compensatory
measures must be taken .

The Commission has asked the Italian authorities for the

necessary information concerning the location of drilling
activities in relation to the sites proposed under Directive
92 / 43 / EEC .

The national authorities, not the Commission, are
responsible for assessing the effects that projects of this
nature might have on the environment and on the
population .

WRITTEN QUESTION E-2752 / 95

by Maria Aglietta ( V ) and Renzo Imbeni ( PSE )

to the Commission

( 12 October 1995 )

{ 96 / C 91 / 16 )

Subject : Homeopathic medicines in Italy

In view of the fact that :

over 4 million Italians regularly use homeopathic medicines,
and this number is constantly on the increase,

it is necessary to ensure freedom of access to this medical
and therapeutic treatment in respect of which the European
Union issued a specific Directive in 1992,

the Italian Parliament transposed Directive 92 / 73 / EEC ( 1 )
laying down specific provisions on the production of and
trade in homeopathic medicinal products into Article 25 of
Community Delegated Law No 146 / 94,

instead of enforcing the provisions laid down by Parliament,
the Italian Government, in Legislative Decree No 185 / 95,
while formally instituting the committee responsible for
setting specific standards in line with the tradition of Italian
homeopathic medicine for the authorizing of homeopathic
medicinal products, has in fact deprived it of any
decision-making power and made it impossible in practice
to authorize the vast majority of homeopathic medicinal
products available as at 31 December 1992,

the abovementioned Legislative Decree No 185 / 95 has also
made those homeopathic medicinal products on the market
before 31 December 1992 subject to the same new
authorization procedure as that which applies to
conventional pharmaceutical products, thereby overturning
the provisions of the Delegated Law which conferred
automatic authorization on the homeopathic products in
question,

1 . Does the Commission not consider that the Italian

Government 's action constitutes an infringement of
Community law which could mean that Italian citizens
will be prevented from obtaining new supplies of the
homeopathic medicinal products currently on the
market in Italy ?

2 . Does it not consider that the rights of consumers, who
will thereby be forced to look abroad for products
previously available in Italy, are being infringed ?

3 . Does it not believe that this law infringes the rules of free
competition by causing serious difficulties for Italian
producers and distributors of homeopathic medicinal
products ?

4 . What representations does the Commission intend to

(') OJ No L 175, 5 . 7 . 1985 . make to the Italian Government to prevent such
infringements ?

(') OJ No L 297, 13 . 10 . 1992, p . 8 .

No C 91 / 12 EN Official Journal of the European Communities 27 . 3 . 96

Answer given by Mr Bangemann

on behalf of the Commission

( 13 December 1995 )

1 . Italy has established the two procedures laid down
in Article 7 and 9 of Directive 92 / 73 / EEC widening the
scope of Directive 65 / 65 / EEC and 75 / 319 / EEC on the
approximation of provisions laid down by law, regulation
or administrative action relating to medicinal products and
laying down additional provisions on homeopathic
medicinal products, and has thereby complied with the
requirements of that Directive .

2 . Directive 92 / 73 / EEC does not provide that Member
States shall apply the principles laid down in the Directive
for homeopathics already on the market prior to 31
December 1993 . However Member States are not prevented
form doing so on voluntary basis .

3 . The Italian legislation implementing Directive
92 / 73 / EEC applies to homeopathic medicinal products
irrespective of whether they are produced in Italy or in other
Member States . Italian producers and distributors of
homeopathic medicinal products are therefore in the same
position as those established in other Member States .

4 . The Commission has initiated a study on the
application of Directive 92 / 73 / EEC, the result of which will
be presented to the Council and the Parliament in due
course . If this report shows that a Member State has
misinterpreted or incorrectly implemented the Directive, the
Commission will take appropriate steps .

WRITTEN QUESTION E-2792 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 16 October 1995 )

( 96 / C 91 / 17 )

Subject : Problems due to the establishment of a fish farm in

the municipality of Chalkia in Aitoloakarnania

The Greek authorities are issuing undertakings with permits
to set up fish farms, without having consulted the local
authorities and this has generated considerable friction .

For instance, in the touristic region of Vassiliki in the
municipality of Chalkia in Aitoloakarnania a meeting of
local inhabitants unanimously opposed a plan to set up a
fish farm in the Bay of Kostika which had previously been
authorized by the Greek authorities .

The inhabitants point to the touristic nature of the Bay, the
environmental consequences which the establishment of a
fish farm may have in the long term on the shallow waters of
the Bay and the problems this project would pose for
traditional fishing .

Will the Commission say :

1 . Has an environmental impact study been approved in
connection with the establishment of the fish farm in

. question ?

2 . How does it view the fact that the authorities have given
authorization for a fish farm, without notifying the local
authorities of the environmental impact study ?

3 . Does a general study, exist determining which regions
which are suitable locations for fish farms in

Aitoloakarnania, taking into account water quality,
among other factors, given that there are already 1 1 fish
farms in this region and that investors in other sectors,
such as tourism, are unsure whether to invest in the
region or not ?

Answer given by Mrs Bonino

on behalf of the Commission

( 21 December 1995 )

1 . Since the adoption of Regulation ( EEC ) No 2080 / 93
establishing the financial instrument for fisheries guidance

( FIFG )( 1 ), the selection of individual fish farm investment
projects has been a matter for the Member States . National
authorities take part in the authorization procedure for the
establishment of new farms and the Commission is

informed of the outcome through the monitoring committee
of the operational fisheries programme . All activities
financed by the Structural Funds and the FIFG must comply
with Community policies, including those on environmental
protection, pursuant to Article 7 of Regulation ( EEC )
No 2052 / 88 ( 2 ).

The Commission consulted the Greek authorities about the

new fish farm referred to by the Honourable Member and
was told that :

— the farm in question is not in receipt of Community or

national aid ;

— the project has been approved by the Greek
authorities .

2 . As regards the environmental impact study, the only
type of fish farming referred to by Directive ( EEC )
No 85 / 337 ( 3 ) is the breeding of salmonids, which is covered
by Annex II ( projects subject to an assessment where

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 13

Member States consider that their characteristics so

require ). The Directive stipulates that such an assessment
should include consultation of the public, whose views must
be taken into consideration before granting authorization .
The form this consultation procedures takes is up to the
Member States . The Greek authorities tell us that in this

case, such a procedure was carried out in accordance with
Greek environmental laws .

3 . The Greek authorities have informed the Commission

that there is no general study to decide which activities ( such
as fish farming or tourism ) marine waters in the region
should be used for .

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

( 2 ) OJ No L 185, 15 . 7 . 1988 .

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

WRITTEN QUESTION E-2800 / 95

by Glyn Ford ( PSE )

to the Commission

( 16 October 1995 )

( 96 / C 91 / 18 )

Subject : ERDF funding

What ERDF monies have been given to Toulon, Marignane
and Orange ( France ) over each year for the past five
years ?

How does the Commission intend to ensure in future that

monies given to those towns are used in a non ­
discriminatory manner ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(6 December 1995 )

The Honourable Member will find below a list of operations
co-financed from Structural Funds to assist the communes

of Marignane ( Objective 2 and Envireg ) and Toulon

( Renaval ) for the period 1989 — 1993, and the relevant
amounts . Only individuals were eligible for projects
financed as part of the European Mediterranean
programmes ( IMPs ) in Orange ( agricultural projects ).

( Fh )

ERDF
Total cost
contribution

Objective 2 and Envireg operations
in Marignane

— enlargement of the Palun

treatment plant 8 500 000 2 249 400

— establishment fo a sewage

system 950 000 237 500

— selective collection for paper

and cardboard 297 685 98 235

— pilot operation concerning the

environment 110 974 21 624

Total 9 858 659 2 606 759

Renaval Operations in Toulon

— construction of a launching

slip for the harbour 1 858 500 900 000

— restoration and improvement

of an old building 15 620 950 4 600 000

— landscaping of derelict

industrial land 520 650 260 325

Total 18 000 100 5 760 325

No operation was funded in 1 994 in respect of the Objective
2 SPD 1994 — 1996 programming period, since the SPD was
not adopted by the Commission until 9 December 1994 .

As regards the operations submitted but not yet
programmed, in Toulon they concern urban rehabilitation
initiatives intended to revitalize trade in the town centre .

As for Marignane, no operation has been notified to
date .

Note, for the record, that Orange is not eligible for aid from
Structural Funds .

For the current and future programming periods, applying
the principle of subsidiarity and in accordance with the
Regulations governing Structural Funds, it is for the region 's
prefect, who is responsible for implementing Community
programmes in France, to ensure that local authority
projects for funding comply with the priorities jointly
agreed and fulfil the selection criteria laid down in each

measure .

The Objective 2 SPD ( under which Toulon and Marignane
are eligible ) accords priority to :

— integrated development of undertakings to the almost

exclusive advantage of the private sector ( except in the
case of the establishment of local authority-run business
parks ),

— development of the area 's logistic infrastructure, mainly

supported by the chambers of commerce,

No C 91 / 14 EN Official Journal of the European Communities 27 . 3 . 96

— strengthening of the region 's potential, which would

allow funding of initiatives to exploit the areas 's
touristic and cultural potential as well as urban
rehabilitation operations .

Under the above headings, the local authorities may put
forward small-scale projects for equipment or
infractructure ; these will only be financed from Structural
Funds ( and from public funds in general ) if they meet the
selection criteria laid down in the SPD, and in particular if
they ensure more efficient use of leisure facilities, including
cultural ones, either for the benefit of the local population or
to attract more tourists, or if they are for especially
impoverished areas which are covered by programmed
initiatives as part of central / local authority planning

agreements .

It should therefore be clear that Structural Funds are applied
in a non-discriminatory manner .

WRITTEN QUESTION E-2825 / 95

by Ilona Graenitz ( PSE )

to the Commission

( 16 October 1995 )

( 96 / C 91 / 19 )

Subject : Commission action plan to combat ground-level

ozone

Was a debate held during the summer on Community-wide
measures to combat ground-level ozone to ensure that
discussion of the matter next summer does not remain on

the same level ?

Does the Commission have a proposal for an action plan to
coordinate the measures of the individual Member States to

combat precursors ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(7 December 1995 )

The Commission is aware of the serious effects on health

and vegetation of ozone pollution . This is reflected in two
documents that it presented to the Environment Council at
its meeting on 6 October 1995 on ozone pollution in Europe
over 1994 as a whole and more specifically in the summer of

1995 .

In September 1992, the Council adopted Directive
92 / 72 / EEC ( 1 ) with the aim, among other things, of
collecting sufficient information on ozone incidents . On the
basis of this information and various studies, the
Commission is developing an overall strategy for a
reduction which it will propose under the said Directive by

March 1 98 8 at the latest . Given the urgency of the situation,
the Commission will endeavour to complete this work
before the scheduled date .

The Commission has already undertaken a whole series of
studies and consultations which will lead to proposals for
legislation further reducing emissions of substances
encourating the formation of ozone, particularly nitrogen
oxides ( NO x ) and volatile organic compounds ( VOC ).
Given that one of the main sources of emissions of

precursors mentioned above is road traffic, the Commission
will present by the end of 1995, on the basis of the results of
the ' Auto-oil ' programme, a proposal for a framework
Directive on fuel quality and a proposal on new emission
limits for vehicles . As regards this sector, the Commission
recently adopted a proposal ( 2 ) on limit values for emissions
from internal combustion engines to be installed in
non-road mobile machinery such as machines used in the
construction industry ( lift trucks, bulldozers, hydraulic
excavators, etc .).

Finally, as regards other sources of emissions of these
precursors, the Commission will present to the Council in
the course of 1996 an amended version of the Directive on

large combustion plants .

Moreover, the Commission is studying a number of specific
actions such as :

— a Directive to limit emissions of industrial solvents not

covered by Community legislation ;

— a Directive to limit emissions from small combustion

plants .

Finally, the proposal for a Directive concerning integrated
pollution prevention and control ( 3 ), which was the subject
of an agreement on the common position in the Council of
Environment Ministers on 22 / 23 June 1995, will constitute,
together with the current legislation and the proposals
mentioned above, an effective means of reducing
significantly emissions of these pollutants into the
atmosphere .

(') OJ No L 297, 13 . 10 . 1992 .

( 2 ) COM(95 ) 350, 6 . 9 . 1995 .

( 3 ) COM(95)88 — OJNoC 165, 1 . 7 . 1995, amending COM(93 )

423 — OJ No C 311, 17 . 11 . 1993 .

WRITTEN QUESTION E-2835 / 95

by Karl Schweitzer ( NI )

to the Commission

( 18 October 1995 )

96 / C 91 / 20 )

Subject ) Hazardous domestic waste

Since the list of hazardous waste established by Council
Decision 94 / 904 / EC ( 1 ) had not been published at the time of

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 15

negotiations for the accession of the Republic of Austria to
the European Union, Austria issued a unilateral declaration
to the effect that, during the transitional period up to
31 December 1996, stipulated by Austria for
implementation of the ( EC ) Regulation on shipments of
waste ( Council Regulation ( EEC ) No 259 / 93 ( 2 ) ), the types
of waste listed in the Austrian regulations on the definition
of hazardous waste ( BGBI 49 / 1991 ) and on harmful
substances ( BGBI 771 / 1991 ) should be classified as
hazardous wastes in Austria . Although hazardous domestic
wastes are regarded as harmful substances in Austria,
neither are covered by Directive 91 / 689 / EEC ( ? ). However,
the Council should, on a proposal from the Commission,
have drafted specific measures for domestic wastes by the
end of 1992 .

What proposals has the Commission made to the Council,
pursuant to Article 1(5 ) of Directive 91 / 689 / EEC on
hazardous waste, for specific rules taking into consideration
the particular nature of domestic waste, given that, under
Austrian rules, certain harmful domestic substances are

classified as hazardous waste ?

which has become dangerously unstable, which means that
this wing of the castle is in imminent danger of collapse,
thereby placing at risk the nearby houses and anyone in the
vicinity . There are also problems with the restoration of the
northern wing .

Given that Article 128 of the EU Treaty makes particular
reference to the conservation and safeguarding of cultural
heritage of European significance and in view of cultural
measures taken by the EU, albeit of a subsidiary nature,
given that the Member States have primary responsibility in
this area :

1 . Does Interreg II include ' shoring up and stabilizing the
cliff beneath Molivos Castle ' and what funds have been

earmarked for this purpose ?

2 . Does the second CSF include funding for ' shoring up
and restoring Molivos Castle ' and how much ?

as waste

3 . How would the Commission respond to a request from
the Greek authorities for funding from the Raphael
(') OJ No L 356, 31 . 12 . 1994, p . 14 . programme, to be launched on 1 January 1996, for
restoration work on Molivos Castle ?

C~ ) OJ No L 30, 6 . 2 . 1993, p . 1 .
(•') OJ No L 377, 31 . 12 . 1991, p . 20 .

Answer given by Mrs Wulf-Mathies

Answer given by Mrs Bjerregaard on behalf of the Commission

on behalf of the Commission
(5 December 1995 )
( 15 December 1995 )

The Commission has not yet issued any proposals
concerning hazardous domestic waste .

It intends to prepare a proposal in 1996 .

WRITTEN QUESTION E-2839 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 18 October 1995 )

( 96 / C 91 / 21 )

Subject : Preservation of Mithimna Castle

Mithimna ( Molivos ) consists of a semi-circle of traditional
listed buildings situated around a castle on the north-west
coast of Lesbos . The castle, which forms part of the cultural
heritage of Europe as a whole and not just an isolated
community, is built on top of a cliff, the southern face of

The Commission shares the Honourable Member 's opinion
regarding the archaeological and cultural value and tourism
potential of medieval castles . It has accordingly approved
the inclusion of measure 1.2 ( development of cultural
heritage and tourist regions ) in the 1 994 — 1 999 operational
programme ( OP ) for the northern Aegean for a total cost of
ECU 21,858 million . Operations covered by this measure
include the restoration and tourism development of
medieval castles in the northern Aegean . It will therefore be
for the Greek authorities to implement the measure and
propose, if they see fit, a project for the restoration and
development of Mythimna castle on the island of Lesbos .

The Community initiative Interreg II includes a measure
which provides for cultural heritage development in eligible
regions . As with the northern Aegean OP, this measure can
be considered only after the submittal of a proposal by the
Greek authorities .

If the project in question meets the criteria and conditions
specified in the Raphael programme, once this programme
has been adopted the project could be considered by the
Commission for financing under the 1996 budget provided
it is not financed by other Community programmes .

No C 91 / 16 EN Official Journal of the European Communities 27 . 3 . 96

WRITTEN QUESTION E-2848 / 95

by Philippe De Coene ( PSE )

to the Commission

( 18 October 1 995 )

( 96 / C 91 / 22

Subject : Complaints concerning infringements of Directive

76 / 464 / EEC

In its answer of 28 November 1991 to Written Question

1495 / 9 1 ( 1 ) by Mrs van Hemeldonck, the Commission
announced that it was taking account of complaints
concerning pollution of the aquatic environment by
dangerous substances . What action has the Commission
taken in response to complaints by a number of
environmental organizations, including Greenpeace
Belgium, concerning infringements of Directive
76 / 464 / EEC ( 2 ) and related Directives ? Why have none of
these complaints yet resulted in infringement proceedings
before the Court of Justice ?

(>) OJ No C 78, 30 . 3 . 1992, p . 13 .

( 2 ) OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(7 December 1995 )

It is the Commission 's task to ensure that Community law is
applied correctly . This role of guardian of the Treaties is
conferred on it by Article 155 of the EC Treaty . In this
connection, it is called upon to investigate complaints
whereby individuals and non-governmental organizations
draw its attention to possible infringements of Community
law on the environment .

Where the Commission considers that there is sufficient

evidence to make a reasonable presumption of an
infringement of Community law, it then initiates the
infringement procedure provided for in Article 169 of the
EC Treaty . This procedure involves two stages : initially, a
letter of formal notice is sent to the Member State concerned

requesting its observations and, in the absence of a
satisfactory reply within the specified time limit, the
Commission delivers a reasoned opinion . If the Member
State does not put an end to the situation complained of, the
matter is referred to the Court of Justice for a ruling that the
Member State in question has failed to fulfil its obligations .
Depending on the technical and legal complexity of the case,
it may be a lengthy process before the Commission is in a
position to refer the matter to the Court of Justice .

On the specific question of Directive 76 / 464 / EEC, the
Commission is aware of the various problems encountered
by Belgium in implementing its provisions . In particular it is
very concerned about the application in practice of Article 7
of the Directive which provides for the adoption of
programmes to reduce pollution . The Belgian authorities
have moreover communicated the texts of various legal acts
laying down the conditions governing discharges of waste
water and quality objectives to be observed by various
industrial sectors .

As regards the complaint to which the Honourable Member
refers, it appears from information communicated to the
Commission by the Belgian authorities that the discharges
of pollutants by the enterprise in question are subject to
emission standards laid down in the authorization to

discharge . As the complaint in question touches on other
less specific points, it has moreover been included in a
general procedure which is under way . It is normal for a
number of individual complaints to be brought together in a
single procedure enabling general problems touched on by
individual complaints to be examined .

WRITTEN QUESTION E-2851 / 95

by Philippe De Coene ( PSE )

to the Commission

( 18 October 1995 )

( 96 / C 91 / 23 )

Subject : Assessment of the implementation of Directive

76 / 464 / EEC

In its reply of 28 November 1991 to Written Question
No 1495 / 91 ( 1 ) by Mrs Van Hemeldonck, the Commission
indicated that it intended to carry out a comparative
assessment of the implementation of Directive
76 / 464 / EEC ( 2 ) and each of the related specific Directives .
Was this assessment carried out, and what were the
findings ?

(') OJ No C 78, 30 . 3 . 1992, p . 13 .

( 2 ) OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 18 December 1995 )

Article 13 of Directive 76 / 464 / EEC on pollution caused by
certain dangerous substances discharged into the aquatic
environment of the Community requires Member States to
supply the Commission with information concerning the
implementation of the Directive .

To assess this information a first report entitled
' administrative structures and implementation of the
Community Directives on the dangerous substances
discharged into the aquatic environment ' was completed in
December 1993 . This concluded that Directive 76 / 464 / EEC

and its daughter Directives ( Directives 82 / 176 / EEC ( ! );
83 / 513 / EEC ( 2 ); 84 / 156 / EEC ( 3 ); 84 / 491 / EEC ( 4 ) and
86 / 280 / EEC ( 5 )) have been transposed into Member States '
legislation . This was carried out sequentially, reflecting both
the historical development of the Directives themselves and
the adaptation of Member States ' Regulations and
regulatory systems to the requirements of the Directives .
Implementation of the Directives is still underway, in
particular for those Directives most recently published and
where changes in administrative competence have been
required .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 17

Two further reports are under way to assess the impact of
the Directives on the quality of the main surface waters of
the Community as affected by discharges of dangerous
substances . The first, covering List I substances is expected
at the beginning of 1996 . The second, covering List II
substances is expected at the end of the first quarter of

1996 .

All three reports will be published and transmitted to the
Parliament for information .

(•) OJ No L 81, 27 . 3 . 1982 .

( 2 ) OJ No L 291, 24 . 10 . 1983,

( 3 ) OJ No L 74, 17 . 3 . 1984 .

( 4 ) OJ No L 274, 17 . 10 . 1984 .
(>) OJ No L 181, 4 . 7 . 1986 .

WRITTEN QUESTION E-2858 / 95

by Reimer Boge ( PPE )

to the Commission

( 18 October 1995 )

( 961 C 91 / 24 )

Subject : ' Land ' regulations on the use of bird decoys on the

island of Fohr

Under Council Directive 79 / 409 / EEC (') on the
conservation of wild birds, the use of decoys is prohibited

( Article 8 and Annex IV(a )).

This provision has been transposed into German national
law under paragraph 19(1 )( 5b ) of the Federal Hunting
Law .

Can the Commission confirm that bird decoys are also used
in the Netherlands, France, Belgium, Denmark and the
United Kingdom ?

Can the Commission conform that, under Article 9 ( 1 ) of the
Directive, Member States may derogate from the above
provision ' where there is no other satisfactory solution '?

Can the Commission also conform that, in accordance with
the principle of subsidiarity, the Schleswig-Holstein Land
regulation of 23 December 1994 is in accordance with
Directive 70 / 409 / EEC ?

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

Answer given by Mrs Bjerregaard

inter alia snares and traps . The decoys referred to by the
Honourable Member may be considered traps within the
meaning of the Directive .

Pursuant to Article 9 of the Directive, Member States may
derogate from this prohibition ' where there is no other
satisfactory solution ' and for the reasons and under the
conditions listed explicitly in the Directive .

In this context, the Commission has no reason to believe
that the Schleswig-Holstein Land Regulation of
23 December 1994 is not in accordance with Directive

79 / 409 / EEC .

Derogations for the capture of birds, including with the aid
of traps, have also been granted by other Member States .
According to information received by the Commission, the
countries concerned in recent years are Belgium, Denmark,
France, the Netherlands, Spain and the United Kingdom .
The most common derogations authorizing the use of cage
traps relate to the capture of birds for scientific research
purposes, to avoid air safety problems or to limit
populations which could cause harm to other vulnerable
species .

WRITTEN QUESTION E-2868 / 95

by Karl-Heinz Florenz ( PPE )

to the Commission

( 21 October 1995 )

( 96 / C 91 / 25 )

Subject : Approximation of provisions laid down by law,

regulation or administrative action relating to
veterinary medicinal products and laying down
additional provisions on homeopathic veterinary
medicinal products

Pursuant to Directive 92 / 74 / EEC ( 1 ), the simplified
authorization procedure does not apply to homeopathic
veterinary medicinal products intended for animals from
which foodstuffs are derived . It could therefore be argued
that Article 7 of the Directive makes it virtually impossible
to place new homeopathic products on the market and
considerably more difficult to develop existing and new
veterinary medicinal products . Does the Commission share
this view and does it consider that the current legal situation
needs to be changed ?

(•) OJ No L 297, 13 . 10 . 1992, p . 12 .

on behalf of the Commission Answer given by Mr Bangemann

on behalf of the Commission
(7 December 1995 )

( 12 December 1995 )

Article 8 of Council Directive 79 / 409 / EEC stipulates that
' Member States shall prohibit the use of all means,
arrangements or methods used for the large-scale or
non-selective capture or killing of birds . . ., in particular the
use of those listed in Annex IV ( a )'. This Annex mentions

According to Article 7 of Directive 92 / 74 / EEC, widening the
scope of Directive 81 / 851 / EEC on the approximation of
provisions laid down by law, regulation or administrative
action relating to veterinary medicinal products and laving

No C 91 / 18 EN Official Journal of the European Communities 27 . 3 . 96

down additional provisions on homeopathic veterinary
medicinal products, only homeopathic veterinary medicinal
products which satisfy all of the conditions in this Article
may be subject to a simplified registration procedure . One of
these conditions is that the products are intended for
administration to pet animals or exotic species the flesh or
products of which are not intended for human
consumption .

The Commission does not share the opinion that it is
therefore virtually impossible to place new homeopathic
products on the market . Instead, homeopathic veterinary
medicinal products other than those referred to in Article 7
can be authorized in accordance with the provisions
of Articles 5 to 15 and Articles 43 to 50 of Directive

81 / 851 / EEC . Hence, the Commission does not see a need to
change the current legal situation .

WRITTEN QUESTION E-2898 / 95

by Nikitas Kaklamanis ( UPE )

to the Commission

Answer given by Mrs Bjerregaard

on behalf of the Commission

(4 December 1995 )

The European environment agency was granted legal
autonomy by the Council Regulation ( EEC ) No 1 2 1 0 / 90 ( 1 )
which established it . This means that the Commission does

not have a responsibility for the Agency 's recruitment
procedures and therefore, as far as the details of the
procedures and the individual case cited by the Honourable
Member are concerned, the question has been passed to the
executive director for a direct reply .

The Commission understands the concerns of the

Honourable Member that Greece should be fully involved in
the work of the Agency . It is for this reason that, in common
with other Member States, Greece is represented on the
management board of the Agency . It also has an active
national focal point, nominated by the Greek Government,
to assure a two-way information flow with the Agency and
the building of a network of organisations which contribute
to the data collection work and to the general projects of the
Agency .

(') OJ No L 120, 11 . 5 . 1990 .
( 26 October 1995 )

( 96 / C 91 / 26 )

Subject : European Environment Agency
WRITTEN QUESTION E-29 18 / 95

The procedure for recruiting management staff to the newly by Undine-Uta Bloch von Blottnitz ( V )

The procedure for recruiting management staff to the newly
established European Environment Agency in Copenhagen
raised a number of questions .

Why, in filling the 15 posts in accordance with Notice 94 / C
303 A / 02, was there no balanced geographical distribution

( as there should be ) and, in particular, why was no Greek
selected when Greece may well suffer the most severe
environmental problems ?

Why, in filling post EEA / A / 2 / G ( project manager ), were the
few candidates who were called for interview on 1 June

1995 not informed in writing of the results of their
interview ?

What are the qualifications of the candidate who was
appointed to post EEA / A / 2 / G ?

How was the sole Greek candidate invited to interview for

the above post ruled out without even being informed, as he
should have been, even though he holds two Ph.Ds . and is a
full member of the New York Academy of Science ?

Is it actually true that the letter informing the above
candidate was lost in the post ? Could a copy of the letter not
be provided showing the relevant date and reference
number ?

What action will the Commission take to restore the

credibility of the procedure used for recruiting staff to the
new EEA — which in our view lacks transparency — and
how will Greece be involved in EEA proceedings on a
continuous basis ?

to the Commission

( 26 October 1995 )

( 96 / C 91 / 27 )

Subject : Air transport of nuclear fuels

A technical working party of the International Atomic
Energy Agency recently drew up new standards for the air
transport of nuclear fuels . For the transport of MOX fuels,
type B containers are still deemed adequate . US
specifications have long stipulated much higher safety
standards for transport containers used in air freight than
those proposed by the IAEA . Prototypes tested in the USA
have failed to meet approval standards .

1 . Does the Commission take part in IAEA proceedings ? If
so, what positions does it represent and what objectives
does it pursue ?

2 . What is the Commission 's opinion of the decision
to continue to allow MOX fuels to be air-freighted in
type B containers ?

3 . What technical regulations are at present applicable in

the EU to the air-freighting of nuclear fuels ? How
widespread is the air transport of plutonium or
substances containing plutonium ?

4 . Does the EU support research projects relating to safety
in the air-freighting of nuclear fuels ? If so, which
projects are these, and what progress has been made
with them ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 19

5 . Is the Commission aware of the extent to which nuclear

fuels are now being air-freighted in Europe ? If so, what
specific date can it provide ?

stocks in the Mediterranean ( J ). Greece, like other Member
States in the region, can adopt or modify these measures in
accordance with Article 1(2 ) of the Regulation provided
that they remain in step with the relevant obligations set out
in Article 14 of Regulation ( EEC ) No 3094 / 86 of 7 October

1986, which lays down certain technical measures for
Answer given by Mr Papoutsis conserving fish stocks ( 2 ).

on behalf of the Commission

( 18 December 1995 ) (') OJ No L 171, 6 . 7 . 1994 .

( 2 ) OJ No L 288, 11 . 10 . 1986 .

Research undertaken by the Commission in order to answer
the question asked by the Honourable Member has revealed
that the complexity of the subject makes it necessary to
pursue more detailed investigations in some Member States

( Belgium, Denmark, France and Spain ). The Commission
will inform the Honourable Member of the outcome of

these investigations as soon as possible .

WRITTEN QUESTION E-2921 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 26 October 1995 )

( 961 C 91 / 28 )

Subject : Bringing forward the closed fishing season in the

Aegean

Trawler fishing in the Aegean is banned for four months,
from June to September . It is thus allowed in May, a month
during which fish reproduction takes place so that fish-fry
are destroyed with far-reaching and catastrophic
environmental consequences, and banned in September,
when the reproduction period is over .

Will the Commission say whether, in the discussions being
held at technical level on the harmonization of fisheries

legislations, it has raised the question of bringing forward
the closed season for trawlers by one month, so that it
corresponds more precisely to the reproductive period of
fish, since such a measure would contribute to the
protection of the environment, and, if not, how does it
consider that this problem can be adequately addressed ?

Answer given by Mrs Bonino

on behalf of the Commission

( 19 December 1995 )

The Commission has no plans to get involved in any change
to date restrictions on trawling in the Aegean . Such
restrictions are additional to the minimum requirements laid
down by Regulation ( EC ) No 1626 / 94 of 27 June 1994
harmonizing certain technical measures for conserving fish

WRITTEN QUESTION P-2948 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 24 October 1995 )

( 96 / C 91 / 29 )

Subject : New construction materials and protection of

public health

A building had been constructed on a speedway through a
built-up area of Athens whose external surface is entirely
covered with materials that reflect sunlight . Neighbours
have complained to the national authorities that they find
the reflected solar radiation intolerable, that this building
has had a devastating impact on the surrounding area and
that the temperature in neighbouring buildings has risen to
an unbearable level, which may have fatal consequences in
the event of a heat wave . Furthermore, when neighbours
open their windows they are blinded by the reflection of the
sun, and they are concerned about possible ophthalmic
damage they may suffer and also by other possible
consequences of the radiation . Finally, they point out that
the reflected sunlight increases the danger of road accidents
as drivers are distracted .

Will the Commission say :

1 . What action it intends to take to implement Articles 129

and 129a of the Treaty on the protection of public health
and consumer protection ?

2 . Do any quality specifications exist regarding the
external surfaces of buildings ?

3 . Since there are already many construction materials
which are dangerous or are misused, such as the lead
used in water pipes and the asbestos used in cement and
bricks, and since the use of unsuitable construction
methods is becoming more frequent, as in the present
case or construction methods which lead to the

accumulation of radon, does the Commission intend to
intervene and specify which materials and construction
methods are to be recommended, particularly in
inhabited areas ?

No C 91 / 20 EN Official Journal of the European Communities 27 . 3 . 96

Answer given by Mr Bangemann

on behalf of the Commission

( 17 November 1995 )

Construction products ( ducting, cement, facade coatings )
are regulated at Community level by Directive 89 / 106 / EEC
of 21 December 1988 ( ] ) which provides, in particular, that
the fitness of such products for use is judged by their
suitability to be employed in works designed and built in
such a way that they will not pose a threat to the hygiene or
health of the occupants .

However, as became clear from the report by the ' Molitor '
group of independent experts on the simplification of
legislative and administrative procedures, the
implementation of this Directive has encountered delays to
the extent that harmonized standards for the products

( including those mentioned by the Honourable Member )
are not yet available .

The standardization work on which the Directive hinges is
in progress, and will define the conditions for the approval
of construction products at Community level .

The Directive also provides that, in the absence of such
standards, it is the responsibility of the Member States to
take whatever measures may be necessary, subject, of
course, to conformity with the provisions of the EC Treaty
and with the essential requirements of the Directive in
question .

Moreover, the Commission wishes to stress that the
determination of the fitness of products for use on the basis
of Community standards does not mean that such products
have to be used for all types of works . Building designers
have a responsibility in this field, particularly if there are
special circumstances involved, as seems to be the case in the
matter reported by the Honourable Member .

(') OJ No L 40, 11 . 2 . 1989 .

WRITTEN QUESTION E-2949 / 95

by Konstadinos Klironomos ( PSE )

to the Commission

(9 November 1995 )

( 96 / C 91 / 30 )

Subject : Transfrontier cooperation between the European

Union and the Balkan countries

Following the entry into force on 13 October 1995 of the
agreement signed in New York on 13 September 1995
between Greece and the former Yugoslav Republic of
Macedonia, funds are needed to finance infrastructure

projects and various transfrontier cooperation activities in
the model of transfrontier cooperation between the
European Union and Bulgaria, Albania and Cyprus, bearing
in mind that the Interreg II appropriations for projects and
actions in the above countries have already been
exhausted .

Does the Commission intend to fund part of the necessary
projects and actions that are needed in Greece, as part of
transfrontier cooperation between the European Union and
the former Yugoslav Republic of Macedonia ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 19 December 1995 )

In the framework of the Community Structural Funds, all
the credits for the period 1994 — 1999 have already been
attributed . No overall increase can therefore be envisaged in
the credits available for cross-border cooperation between
Greece and its neighbours within the Interreg II Community
initiative .

The Commission is prepared to support peaceful
cooperation between Greece and the Former Yugoslav
Republic of Macedonia and is identifying potential sources
of funding, if possible within existing resources .

WRITTEN QUESTION E-2959 / 95

by Isidoro Sánchez García ( ARE )

to the Commission

(9 November 1995 )

( 961 C 91 / 31 )

Subject : Measuring system for liquid fuels

Directive 77 / 313 / EEC ( ) lays down in its Annex 1.1.1 . a
measuring system for liquids other than water comprised, in
addition to the meter itself, all the equipment to ensure
correct measuring of those liquids .

In the specific case of petroleum-derived liquid fuels :

When will the Commission lay down the technical
characteristics of the equipment to be used for correctly
measuring fuel delivered by road tankers ? .

Will the density of fuel supplied by road tanker use a
reference temperature of 15 °C, as applies worldwide ?

27 . 3 . 96 I EN Official Journal of the European Communities No C 91 / 21

Will the ISO 91 / 1 tables apply for establishing volume at
different temperatures and densities ?

Does the Commission believe that paragraph 1.1.1 . of
Annex to Directive 77 / 313 / EEC could be clarified by the
following text :

' In order to guarantee the exact volume of
petroleum-derived liquid fuel delivered by a road tanker,
the latter must be furnished with the necessary
equipment to establish the real volume of fuel supplied at
a density equivalent to 15 °C ; this equipment may be
replaced by a storage point loading certificate issued by
the person responsible for the delivery, expressly stating
the gross volume, net volume, density at 15 °C and
weight of the contents of each compartment of the
tank '?

(M OJ No L 105, 28 . 4 . 1977, p . 18 .

Answer given by Mr Bangemann

on behalf of the Commission

(9 January 1996 )

The Commission considers that Directive 77 / 313 / EEC lays
down provisions which apply to measuring instruments in
order to ensure a correct measurement at the temperature of
the measuring itself . Therefore, the aspects relating to
temperature are not taken into account, and the
Commission does not envisage any action on this issue,
because they fall outside the scope of the Directive .

The Commission agrees with the Honourable Member that
the density of a liquid is temperature dependent and that
there may be good reasons in certain cases to express the
quantity of product in terms of volume at a reference
temperature . Two routes are open to deal with this, namely
prescription of manual conversion of the measured value at
the prescribed reference temperature, or prescription of the
use of a measuring instrument with automatic
conversion .

However, as said before, this aspect is not harmonized by
Community legislation . Therefore, any legislation in this
respect is within the competence of the Member States,
which are entitled, if the volume value of petroleum
products is to be used for trading purposes, and subject to
the respect of the EC Treaty and in particular of Articles 30
to 36, to lay down a reference temperature under national
law and prescribe conversion to this reference

temperature .

The Community legislation on measuring instruments that
is currently under development will cover all technologies,
so that for instance appropriate Community instruments
will be available for the measurement of quantities of
petroleum products .

WRITTEN QUESTION E-2969 / 95

by Christian Rovsing ( PPE )

to the Commission

(9 November 1995 )

( 96 / C 91 / 32 )

Subject : Breach of Community Directives on the putting of

public contracts out to tender

In various, if not all, Member States, efforts to give private
undertakings access to the market in supplying goods and
services to the public sector are being hampered by repeated
breaches by publicly-owned undertakings of the
Community Directives requiring the public sector to put its
procurement of goods and services above a certain value out
to public tender .

How does the Commission intend to ensure that

Community rules on tendering are complied with, and does
it expect, in view of the many examples of deliberate
circumvention of the rules, that the investigation that has
been announced into the implementation of the internal
market in relation to public calls for tender will reveal the
need for new action to ensure market access in this

areas ?

Answer given by Mr Monti
on behalf of the Commission

( 17 January 1996 )

The Commission attaches the utmost importance to its task
of ensuring that Member States meet their obligation to
transpose Directives and to implement them correctly once
they have been transposed .

However, the study to which the Honourable Member is
apparently referring, ' Mid-term impact assessment of public
procurement legislation ', sets out not to provide details of
the number of breaches but to assess the economic impact of
public procurement on the internal market .

The Commission can address breaches of Community rules
on public procurement by examining progress in the
transposal of Directives .

In 1995, 26 breaches of Community legislation involving
failure to notify national implementing measures were
investigated . In addition, examination of measures notified
revealed 14 new cases of incorrect transposal, bringing the
total number of current infringements involving incorrect
transposal to 30 . Some of these cases raise questions of
principle which could jeopardize the opening-up of public
procurement in the Member States concerned .

The Commission has also stepped up its monitoring of the
implementation of the rules by the various contracting
authorities or contracting entities in each of the Member

No C 91 / 22 EN Official Journal of the European Communities 27 . 3 . 96

States . In 1995 the number of cases handled by the
Commission ( acting on complaints or detected by its own
departments ) involving breaches of Community public
procurement rules ( Directives and Treaty Articles ) were up
by 50 % on the previous year . This is almost certainly
attributable to the gradual extension of implementation of
the Directives that has taken place following the entry into
force of the most recent texts .

Of the 214 cases processed during the first half of 1995 ( 48
of which were new cases ), the Commission settled 38
without it being necessary to complete infringement
proceedings . To this end, a dialogue and cooperation
procedure was set up ( in particular by means of ' package
meetings ') to provide Member States with the necessary
legal and technical assistance and to identify by mutual
agreement solutions to outstanding disputes that are in
accordance with Community law .

Lastly, the Commission is in the process of launching a study
on the means of redress available to ensure that there is

effective scope in the different Member States for persons
who consider themselves to have been harmed by a breach
of Community public procurement rules to enforce their
rights before national courts .

In the light of these studies and of the conclusions that it may
draw from the state of play in transposal and from the
difficulties encountered in the Member States in

implementing the Community rules, the Commission will be
able to determine whether new public procurement
initiatives are needed .

Answer given by Mr Fischler
on behalf of the Commission

( 19 December 1995 )

The Commission agrees that renewable energies play an
important role in rural development, in particular by
reducing energy dependence and protecting the
environment . They constitute a substantial part of the
Commission 's white paper on an energy-policy for the
European Union ( ] ).

The Commission has forwarded to the Council an amended
proposal ( 2 ) on excise duties on motor fuels from
agricultural sources . The adoption of this proposal requires
unanimity in the Council, which could not be reached until
now . This leaves the Member States with the option to
promote renewable energies if they so wish subject to
Community rules of competition .

The Commission, for its part, supports the development for
energy use of renewable resources including biomass of
agricultural and forestry origin .

Research, development and demonstration activities dealing
with biomass as a renewable energy source are being carried
out in coordination between the non-nuclear energy
programme ( conversion and use ) and the agro-industry
programme ( production and logistics ). Furthermore there
are several Community programmes in place, which
promote the development and use of renewable energy, e.g.
Altener, Joule, Thermie, etc .

The Commission is examining the setting up the interservice
group which has been suggested .

WRITTEN QUESTION E-2977 / 95 (') COM(95 ) 682 .
( 2 ) COM(94 ) 147 .

(') COM(95 ) 682 .

by Carlos Robles Piquer ( PPE )

to the Commission

(9 November 1995 )

( 96 / C 91 / 33 )

Subject : Biomass as an energy source
WRITTEN QUESTION E-2992 / 95

A recent joint statement by COPA and Cogeca, in September

1995, called for serious attention to be paid to the role of
renewable energy sources in the European economy, as a
means of reducing the Union 's increasing energy
dependence and protecting its environment . The statement
in particular pointed out the need to use biomass of
agricultural and forestry origin to this end .

Does the Commission agree with the views expressed in the
statement ? If so, does it intend to set up the coordinating
group it recommends, comprising representatives from DGs
II, VI, VII, VIII, XI, XII, XVII and XXI ?

by Glyn Ford ( PSE )

to the Commission

( 13 November 1995 )

( 96 / C 91 / 34 )

Subject : EC financing of Plysu

Would the Commission be aware of any grants awarded to
Plysu for new operations in Littleborough, Lancashire
within the last five years ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 23

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 19 December 1995 )

The Commission is not aware of any such grants awarded
by the Structural Funds to Plysu .

WRITTEN QUESTION E-3001 / 95

by Gianni Tamino ( V ) and Carlo Ripa di Meana ( V )

to the Commission

( 13 November 1995 )

( 96 / C 91 / 35 )

Subject : International Molecular Genetics Centre

The Italian National Research Council and the ( Italian )
National Oil Corporation ( ENI ) have announced that the
International Molecular Genetics Centre is to start work in

Monterotondo ( Rome ) in accordance with the plans drawn
up by the European Molecular Biology Laboratory ( EMBL )
and the European Mouse Mutants Archive ( EMMA ).

The Centre will be housed within the ENI complex, which
the Italian Ministry of Health has previously refused to
recognize as an approved site for animal experiments
because it does not conform to the relevant legal
requirements .

The Centre, a partner of the US Jackson Laboratory, is a
joint venture involving the French National Scientific
Research Centre ( CNRS ), the German Max Planck
Institute, and the British Medical Research Council and
being financed under the fourth Community framework
programme of research, technological development, and
demonstration activities .

1 . How is it possible that a centre has been granted funding
when it is located on a site regarded by the Italian
authorities as unsuitable for the use of animals ?

2 . What are the features of the funded project ?

Answer given by Mrs Cresson

on behalf of the Commission

collection accessible to all those in Europe who may need to
examine genetic traits for research purposes . In negotiating
a contract for Emma, the Commission obtained from the
CNR a written undertaking that national and international
ethical and safety provisions applicable in the country where
the research is carried out be strictly respected .

2 . The funding given to Emma will serve to put in place
on the European scale the system of collection, storage and
distribution of mutant strains . The facility will thus make it
possible for any biomedical research laboratory
investigating the effects of mutations to find out rapidly
whether the mutation had been seen already and on which
animal, in which laboratory it has been studied and where it
was accessible through the central repository . By pooling the
knowledge of existing mutations, it will undoubtedly reduce
the need for scientists to produce mutants which they know
they are already available .

WRITTEN QUESTION E-3002 / 95

by Gianni Tamino ( V ) and Carlo Ripa di Meana ( V )

to the Commission

( 13 November 1995 )

( 96 / C 91 / 36 )

Subject : Italy : Poaching in the Brescian valleys

In Italy, especially in Val Trompia and the other Brescian
valleys, illegal autumn poaching has resumed, as it does
every year . The type of snare commonly used kills countless
robins and other small birds . On 30 September 1995 a
game-warden was twice shot at by a poacher who was busy
retrieving snared birds .

1 . Is the Commission aware that protected bird species in
the EU are still being trapped in Italy with the aid of
illegal snares ?

2 . Will not the Commission call on the Italian authorities

to increase the number of game-wardens and thereby
put a stop to the persistent poaching ?

(4 December 1995 ) Answer given by Mrs Bjerregaard

on behalf of the Commission

1 . The Community programme in biotechnology intends ( 21 December 1995 )
to support in Monterotondo a project called European
mouse mutant archive ( Emma ) which belongs to the
Consiglio Nazionale delle Ricerche ( CNR ). It does not Directive 79 / 409 / EEC on the conservation of wild birds ( )
however contribute to the setting up of the International was transposed in Italy in 1992, by means of Parliament law
centre of molecular genetics which the European molecular No 157 . Since then, the Commission has ascertained the
biology laboratory ( EMBL ) has established on the same site . existence of some irregularities as to the implementation in
The European archive Emma has a different purpose, which practice of that Directive and has started infringement
is to collect on a European scale all existing mutants that proceedings in order to ensure full compliance with its
appeared in research laboratories and to maintain the content .

No C 91 / 24 EN Official Journal of the European Communities 27 . 3 . 96

As for the present case, the use of snares against wild birds,
such as robins, violates the Directive as it involves the use of
illegal hunting methods and the indiscriminate killing of
protected species . Far from being allowed by the Italian law
No 157, these activities are rather treated as an illegal
hunting method .

Nevertheless, Article 5 of Directive 79 / 409 / EEC requires all
Member States to take the requisite measures to establish a
general system of protection for all species of birds covered
by the Directive . For this reason, the Commission has asked
the Italian authorities to increase all preventive measures
already taken against any sort of illegal hunting practised in
its territory, in order to comply fully with its obligations
under the Directive .

(') OJ No L 103, 25 . 4 . 1979 .

together with the implementation of a common regulatory
framework designed to safeguard the public interest . This
approach is promoting an increased number of innovative
services, including help lines such as the Telefono Azzurro .
Nevertheless, in line with the principle of subsidiarity, only
limited measures have been taken to require the delivery of
specific services or infrastructure . The principal requirement
at this stage has been the identification of the scope of
universal service at a Community level . That has been set out
in the proposal for a Parliament and Council directive on the
application of open network provision to voice telephony ( 1 )
which the Parliament recently approved in second reading .
Neither that proposal nor the current consensus on
universal service would require the provision of a service
such as Telefono Azzurro or financial support for it .

The issue of funding for the Telefono Azzurro is therefore a
matter for the services provider, operator or national
regulatory authority concerned . It appears from the
information provided that there would be no grounds for
Commission intervention in relation to this matter .

WRITTEN QUESTION E-3003 / 95 (') COM(94 ) 689 final .

by Gianni Tamino ( V ) and Maria Aglietta ( V )

to the Commission

( 13 November 1995 )

( 96 / C 91 / 37 ) WRITTEN QUESTION E-3005 / 95

by Amedeo Amadeo ( NI )

Subject : ' Blue Telephone ' — helpline for distressed children

in Italy

' Blue Telephone ' has for years been offering vital help to
distressed children in Italy . The service is greatly valued and
therefore widely used . Unfortunately, the forthcoming
appropriation bill has omitted to allocate any funding to the
helpline, whereas similar services in other European
countries are financed by public money . Not even the
Telecom Italia company is showing willingness to lend its
support, contrary to the practice of telephone companies in
other countries . A few days ago the President of ' Blue
Telephone ', Ernesto Caffo, said that the helpline would
almost certainly be obliged to close down unless it secured
the financial resources required to guarantee its survival .

Does the Commission know about the above service and

consider it a matter of importance ?

If so, can it help ' Blue Telephone ' either by taking its own
steps or by appealing to the Italian authorities ?

to the Commission

( 13 November 1995 )

( 96 / C 91 / 38 )

Subject : Statistical requirements relating to public

contracts

With reference to Council Directives 92 / 50 / EEC of 18 June

1992 relating to the coordination of procedures for the
award of public service contracts ( ] ), 93 / 36 / EEC of 14 June

1993 coordinating procedures for the award of public
supply contracts ( 2 ), and 93 / 37 / EEC of 14 June 1993
coordinating procedures for the award of public works
contracts ( 3 ), does the Commission believe that more
stringent requirements should be laid down regarding the
statistical information which government departments must
supply when contracts are awarded, or at least when the
contracting authority is a private corporation providing
public services, given that such corporations are excluded
from the scope of the GPA ?

(') OJ No L 209, 24 . 7 . 1992, p . 1 .

( 2 ) OJ No L 199, 9 . 8 . 1993, p . 1 .

( 3 ) OJ No L 199, 9 . 8 . 1993, p . 54 .
Answer given by Mr Bangemann

on behalf of the Commission

( 13 December 1995 ) Answer given by Mr Monti
on behalf of the Commission

The Commission is aware of this highly valued service . ( 17 January 1996 )

Community policy in the area of telecommunications has
introduced gradual liberalization of networks and services,

Directives 93 / 36 / EEC, 93 / 37 / EEC and 92 / 50 / EEC stipulate,
in Articles 31, 34 and 39 respectively, that Member States

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 25

must supply the Commission with certain statistical
information . Such information is necessary in order to
assess the results of applying the Directives . Under these
provisions, no information is required regarding private
contracting bodies providing services .

In its proposal seeking to amend the above Directives to take
account of the agreement on government procurement

( GPA ) ( proposal for a Directive of the European Parliament
and of the Council amending Council Directive 92 / 50 / EEC
of 18 June 1992 and Council Directives 93 / 36 / EEC and
93 / 37 / EEC of 14 June 1993 ) ('), the Commission proposes
that these provisions be amended by increasing the amount
and the level of the information to be provided in
accordance with the requirements of the . GPA . Private
contracting bodies providing services are not covered at all
under this proposal .

In its proposal amending Directives 93 / 36 / EEC, 93 / 37 / EEC
and 92 / 50 / EEC, the Commission has therefore not been
particularly stringent regarding the statistical information
which must be provided by Member States, since no
information is required of private contracting bodies
providing services .

(') COM ( 95 ) 107 .

WRITTEN QUESTION E-3006 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 13 November 1995 )

( 96 / C 91 / 39 )

Subject : Award of public contracts without an invitation to

tender

With reference to Directive 93 / 38 / EEC (') governing the

award of public contracts without an invitation to tender,
specifically as it affects additional contracts within the
meaning of the Directive on essential public services, the
provisions of the GPA apply only to additional building
services . According to the Community text, however, the
50% ceiling relates both to additional works and to
additional services .

Is this arrangement feasible and acceptable, given that it is
not called for by the GPA and out of step with practical
requirements ?

Answer given by Mr Monti
on behalf of the Commission

( 16 January 1996 )

Article XV(f ) of the Agreement on Government
Procurement ( GPA ) allows the contracting authorities
covered by it to award public contracts without an
invitation to tender for additional construction services

which, through unforeseeable circumstances, become
necessary and which, for technical or economic reasons,
cannot be separated from the original contract without
significant inconvenience, provided that the total value of
the contracts awarded for the such additional services does

not exceed 50% of the amount of the main contract .

In its proposal amending Directive 93 / 38 / EEC to take
account of the GPA ( proposal for a European Parliament
and Council Directive amending Council Directive
93 / 38 / EEC of 14 June 1993 ) ('), the Commission put
forward an amendment to Article 20(2)(f ) introducing an
additional condition before contracting authorities are
allowed to award contracts by negotiated procedure
without prior publication of a contract notice for additional
works or services . Under this amendment, that procedure
may be used only for additional contracts where the
aggregate value does not exceed 50 % of the amount of the
main contract .

This proposed amendment, which goes beyond the
abovementioned provision of the GPA concerning contracts
for additional services, was tabled in order to bring the
provision allowing exceptional use of the negotiated
procedure without prior invitation to tender into line with a
similar derogation contained in Article 1 1 ( 3)(f ) of Directive
92 / 50 / EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts ( 2 ).

(') COM(95 ) 107 .

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

WRITTEN QUESTION E-3007 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 13 November 1995 )

( 96 / C 91 / 40 )

Subject : Energy policy

The Green Paper on European Union energy policy does not
lay down any specific criterion on which to base a
Community policy going beyond the policies of the
individual Member States and convergence thereof .

Does the Commission not feel that the EU ought to play a
(') OJ No L 199, 9 . 8 . 1993, p . 84 . greater role in the energy sector ? Why is there no proper

No C 91 / 26 EN Official Journal of the European Communities 27 . 3 . 96

information about the priorities to be set in terms of the believe, therefore, that it is essential to set up a European
different objectives in cases where it might prove difficult to audio-visual agency ?
pursue all of them at once ? As well as the three objectives
mentioned by the Commission, should not economic and (') OJ No C 108, 29 . 4 . 1995, p . 4 .
social cohesion and job creation at least be added to the ( 2 ) OJ No C 108, 29 . 4 . 1995, p . 8 .
list ?

Answer given by Mr Oreja
on behalf of the Commission
Answer given by Mr Papoutsis

on behalf of the Commission ( 17 January 1996 )

(7 December 1995 )

At the beginning of its Green Paper ( ), the Commission
specifies that its objective is to provide the European
institutions with the basis for evaluating whether or not the
Community has a greater role to play in energy . The purpose
of this document was therefore to bring together the
elements needed to assess this question, without at this stage
deciding on fundamental issues . The exchanges of opinions
on this Green Paper will enable the Commission to state its
precise position in a White Paper, which is now being
written .

When it comes to establishing priorities between the three
stated objectives, the White Paper will have to state how a
balance between them is to be achieved . This document will

also enable the Commission to specify that, while these three
objectives remain of primary importance, other imperatives,
such as economic cohesion or the social dimension, should
be strengthened .

(') COM(94 ) 659 .

WRITTEN QUESTION E-3012 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 13 November 1995 )

{ 96 / C 91 / 41 )

Subject : Audio-visual sector

Among the industrial sectors offering the greatest growth
and, more especially, job-creating potential, the
audio-visual sector must constitute a particular priority .
Although the Commission proposals for Council Decisions
95 / 26(SYN ) (') and 95 / 27(SYN ) ( 2 ) can be endorsed, the
Commission 's understanding of the problems affecting the
industry is disappointingly sketchy . Because the funding is
of such modest proportions and limited scope, the means to
be employed will undoubtedly be insufficient to generate an
impact in terms of structures . Does the Commission not

The Commission 's proposals for a Council Decision on a
training programme for professionals in the European
audiovisual programme industry and a Council Decision on
a programme to promote the development and distribution
of European audiovisual works (') were preceded by
extensive consultation on the state of the European
audiovisual programme industry with professionals in the
field .

To recapitulate, the Commission appointed a group of
experts which produced a report on audiovisual policy in
March 1994 ( 2 ). In April of the same year, the Commission
published a Green Paper on strategy options to strengthen
the European programme industry in the context of
audiovisual policy ( 3 ). The publication of this document was
followed by consultations with the professionals,
culminating in a European audiovisual conference,
organized in conjunction with Parliament, from 30 June to
2 July 1994 ( 4 ). Copies of these three documents have been
sent directly to the Honourable Member and to Parliament 's
General Secretariat .

It is clear from this background that the proposals cited by
the Honourable Member were preceded by a thorough
analysis of the state and needs of the European audiovisual
industry .

The Commission believes that the changes made to the
priorities and administration of the Media II programme,
compared with the previous programme, should help to
produce the desired structural effects . This is why the
resources earmarked for the programme will be targeted on
three sectors ( training, development and distribution ). The
suggestion that the Commission should set up a European
audiovisual agency would have to be considered in the
future, in the light of the experience gained with the various
Community support instruments that already exist . Given
the amount of time needed to set up such an organization it
was impossible to envisage it coinciding with the launch of
the Media II programme on 1 January 1996 .

(') COM(94 ) 523 .

( 2 ) Think-tank report on the audiovisual policy in the European

Union, March 1994, Office for Official Publications of the
European Communities, Luxembourg .

( 3 ) COM(94 ) 96 final .

( 4 ) Proceedings of the European Audiovisual Conference .

27 . 3 . 96 EN | Official Journal of the European Communities No C 91 / 27

WRITTEN QUESTION E-3016 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

( 13 November 1995 )

96 / C 91 / 42 )

Subject : Failure by the municipal authorities of Fuengirola

( Malaga ) to comply with Directive 80 / 778 / EEC

In her reply to my Written Question P-823 / 95 ( 1 ) of 9 March

1995 on the above topic, Mrs Bjerregaard informed me that
the Commission was unaware of the decision by the
municipal authorities in Fuengirola ( Malaga ) to connect the
water mains to wells supplying low-quality water unfit for
human consumption and that, at the appropriate time, the
Commission had written to the Spanish authorities
requesting further information on the matter .

Since sufficient time has now gone by for the relevant
Spanish authorities to have replied to the Commission 's
letter, can the Commission provide any information about
whatever reply may have been received, and what action
does it intend to take in order to fulfil the task allotted to it

under the Treaties, i.e. to ensure compliance with laws such
as those contained in Directive 80 / 778 / EEC ( 2 )?

(') OJ No C 179, 13 . 7 . 1995, p . 55 .

( 2 ) OJ No L 229, 30 . 8 . 1980, p . 11 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(8 January 1996 )

The Spanish authorities recently answered the
Commission 's request for information . The assessment of
their answer is currently under way . The Commission will
keep the Honourable Member informed of the results of its

assessment .

WRITTEN QUESTION E-3033 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 15 November 1995 )

( 96 / C 91 / 43 )

Subject : Neutron radiation

dispute has arisen among experts in Germany regarding the
level of these conversion factors . Scientists consider factors

of around 300 to be appropriate, while the German
radiation protection regulation lays down a factor of 10 .

1 . Is the Commission aware of this scientific dispute ?

2 . Is the Commission supporting research projects in this
field, and if so what projects ?

3 . What conversion factors does the Commission consider

appropriate for an accurate description of the potential
hazard posed by neutron radiation ?

4 . Should the German radiation protection regulation be
adjusted in this regard or brought into line with
European scientific standards ?

Answer given by Mrs Cresson

on behalf of the Commission

( 21 December 1995 )

1 . The Commission is aware of recent, partly public,
discussions on this subject, predominantly in Germany .

2 . Within the third research framework programme, the
Commission has supported a total of seven multipartner
research contracts dealing with biological consequences of
neutron irradiations and eight multipartner contracts
addressing issues of dosimetry and monitoring for neutron
exposures . Research contracts within the framework
programme 1994 —1998 are being negotiated .

3 . In preparing the revision of the current basic safety
standards for the protection of the health of workers and
general public against the dangers arising from ionizing
radiations ( Directive 76 / 579 / Euratom ) C ) and ( Directive
80 / 836 / Euratom ) ( 2 ), the Commission, assisted by outside
experts, based itself, as concerns the calculation of
conversion coefficients for neutron and other radiations, on
the recommendations of the International commission on
radiological protection ( ICRP ) ( 3 ) as the most recent and
internationally agreed scientific findings in radiation
protection . ICRP recommends conversion factors for
neutrons which vary between 5 and 20, depending on the
energy of the neutrons . Following the opinion of the
Parliament, the Commission submitted its amended
proposal ( 4 ) which is presently under consideration in
Council .

4 . The Euratom treaty obliges the Member States
to lay down appropriate provisions in order to ensure
compliance with the basic safety standards Directive .
The respective German authorities will change the
' Strahlenschutzverordnung ' after the adoption of the
directive by the Council taking into account the proposed
new concepts in dosimetry and radiation protection .

( ] ) OJ No L 187, 12 . 7 . 1976 .

At present there is very little scientific data on neutron, . . .
radiation which is founded on experience . The scale and ( 2 ) OJ No L 246, 17 . 9 . 1980 .

( 3 ) ICRP No 60 publication

potential hazard posed by such radiation are simply Oxford, 1991 .
extrapolated . The calculations are based on the gamma ( 4 ) COM(94 ) 298 final .
radiation measured in Nagasaki and Hiroshima . The figures
are applied to neutrons with the aid of conversion factors . A

( 3 ) ICRP No 60 publication, published by Pargamon Press,

Oxford, 1991 .

( 4 ) COM(94 ) 298 final .

No C 91 / 28 EN Official Journal of the European Communities 27 . 3 . 96

WRITTEN QUESTION E-3037 / 95

by Horst Schnellhardt ( PPE )

to the Commission

( 15 November 1995 )

( 96 / C 91 / 44 )

Subject : Further training in veterinary medicine

Due to the absence of harmonization with regard to further
training in veterinary medicine, such training is offered by
private institutions in a number of countries . As a result,
qualifications are obtained which have no official character
whatever but must nevertheless be recognized .

1 . Does the Commission intend to draw up a proposal on
harmonizing further training in veterinary medicine ?

2 . In the Commission 's view, what reasons might mitigate
against harmonization ?

Answer given by Mr Monti
on behalf of the Commission

( 14 December 1995 )

The Honourable Member is asked to refer to the

Commission 's answer to Written Question No 2378 / 94 by
Mrs Pack ( 1 ).

The Commission believes that the question of harmonizing
specialized training should also be considered in the light of
Articles 126 and 127 of the EC Treaty . Those Articles clearly
define the fundamental responsibility of the Member States
for the organization and content of education and training
systems . They specifically exclude any harmonization of
such systems .

This position has been made clear on several occasions by
the Community institutions, notably by the Council in its
Decision 94 / 819 / EEC of 6 December 1994 establishing an
action programme for the implementation of a European
Community vocational training policy ( 2 ).

( l ) OJ No C 152, 19 . 6 . 1995 .

(■ 2 ) OJ No L 340, 29 . 12 . 1994 .

shows and determine how much is shown to them in

advertizing ( in commercial spots on TV )?

Answer given by Mr Oreja
on behalf of the Commission

( 18 January 1996 )

The protection of minors is one of the fields coordinated by
Directive 89 / 552 / EEC on the coordination of certain

provisions laid down by law, regulation or administrative
action in Member States concerning the pursuit of television
broadcasting activities ('). The main purpose of this
Directive is to create the legal conditions needed to ensure
the free circulation of television broadcasts . The method

used is the coordination of national measures in the fields

where disparities between these measures are likely to create
obstacles to the free circulation of television broadcasts . The

level of coordination does not go beyond what is necessary
and sufficient to achieve this objective . Member States may
adopt stricter or more detailed measures as regards
broadcasts under their jurisdiction .

Article 16 of the Directive lays down the rules governing the
content of advertisements with regard to minors .

Article 18 of the Directive sets overall limits on the amount

of advertising that may be shown .

Article 22 contains a ban on programmes that are likely
seriously to impair the development of minors . This measure
is extended to other programmes likely to harm minors
except where they are protected by technical means or
broadcast at particular times of the day . Given the
importance of the protection of minors and the difficulty of
harmonizing such notions as pornography and excessive
violence, Article 2 of the Directive provides for an exception
— the only one — to the general principal of freedom of
reception and re-transmission . In the case of flagrant and
repeated violations of Article 22, Member States may take
action against incoming broadcasts .

WRITTEN QUESTION E-3049 / 95

QUESTION E-3049 95 The Directive is currently being revised following the

Spalato Belleré ( NI ) Commission 's proposal of 31 May 1995 ( 2 ). As regards

to the Commission Article 22, the Commission has proposed clarifying the text
in order to ensure improved implementation .

by Spalato Belleré ( NI )

( 15 November 1995 )

( 961 C 91 / 45 )

Subject : Child TV viewers

Does the Commission consider that it would be advisable to

protect children from unsuitable and immoral television

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

( 2 ) COM(95 ) 86 — OJ No C 185, 19 . 7 . 1995 .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 29

WRITTEN QUESTION E-3062 / 95

by Nuala Ahern ( V )

Answer given by Mrs Bonino

on behalf of the Commission

to the Commission ( 19 December 1995 )

( 15 November 1995 )

( 96 / C 91 / 46 )

Subject : Information to the Commission regarding Wylfa

What information has been presented to the Commission by
Nuclear Electric or the British nuclear authorities on the

effect on safety of the doubling of the fueling speed at the
Wylfa nuclear plant, as reported in the June 1995 issue of
the nuclear electric monthly paper ' Nuclear Times '?

Answer given by Mrs Bjerregaard

The North-East Atlantic Fisheries Commission, at its 14th
annual meeting on 15 — 17 November 1995, discussed the
issue of regulating the Atlanto-scandian herring which now
occurs both in several fishery zones and in international
waters . It was not possible to reach a conclusion and it was
agreed to meet again in march 1996, with a view to seeking
consensus on regulatory measures for this stock .

WRITTEN QUESTION E-3069 / 95

on behalf of the Commission by Raymonde Dury ( PSE )

( 21 December 1995 ) to the Commission

( 20 November 1995 )

( 96 / C 91 / 48 )

The Commission has received no information on the

operating procedure referred to by the Honourable
Member .

Subject : Recruitment by the Committee of the Regions

Moreover it is not compulsory for the operator or national
safety authority to send such information to the
Commission .

WRITTEN QUESTION E-3065 / 95

by Frode Kristoffersen ( PPE )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 47 )

Subject : NEAFC negotiations on the allocation of quotas

The available fish stocks in Atlantic waters off Scandinavia,
which total an estimated 900 000 tonnes, are to be divided
up during the NEAFC negotiations on the allocation of
quotas in the North-East Atlantic on 15 — 17 November

1995 . Does the Commission intend during those
negotiations to press for a quota of at least 300 000 tonnes
for the EU as a whole, so as to ensure that due account is
taken of the needs of Member States bordering the waters
concerned ?

Is it true that the presidency, bureau and administration of
the Committee of the Regions are at present seeking to
upgrade to the status of ' officials ' all the Committee 's
current staff, who were coopted on the basis of personal
contacts and not through open competitions open to all
Community citizens ?

Such a procedure is contrary to the spirit and letter of the
Staff Regulations, and is hard to justify . If the budgetary
constraints referred to really prevent the Committee of the
Regions from organizing its own competitions, why does it
not organize open competitons jointly with other
Community institutions ?

Moreover, why does the Committee of the Regions not use
the other Institutions ' reserve lists to recruit staff who have

been successful in open competitions, at no cost to its own
budget ?

What action does the Commission intend to take to prevent
this manoeuvre, which would bring all the European
institutions into disrepute ?

More generally, what action does the Commission intend to
take to ensure that, in future, staff are recruited to all
Community institutions on the basis of merit alone and not
through personal contacts ?

No C 91 / 30 EN Official Journal of the European Communities 27 . 3 . 96

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(9 January 1996 )

The way in which the Committee of the Regions organizes
its departments, including its recruitment policy, is the
responsibility of that body alone and the Commission has
no say in this matter . Only the Court of First Instance and
ultimately the Court of Justice may rule on the legality of the
recruitments made by the Committee in terms of the Staff
Regulations of Officials and Other Servants, and then only
on the basis of admissible actions . The Commission notes

that the amendment to the Staff Regulations required to give
the Committee the power to appoint officials has not yet
been adopted by the Council .

The Commission is open to any requests from other
institutions and bodies to recruit successful candidates in

open competitions from its reserve lists .

WRITTEN QUESTION E-3074 / 95

by Florus Wiisenbeek ( ELDR )

to the Commission

sufficient for 1 995 . For 1996 it is likely that the situation
will become even more difficult and may lead to further
restrictions on the number of possible transit trips .

This is the consequence of the system as agreed in the transit
agreement between the Community and Austria in 1992
and confirmed at the accession of Austria to the

Community . The aim is to reduce the pollution caused by
the transit traffic of trucks through Austria by the year 2003
to a level of only 40% of that of 1991 .

If the improvement in the environmental quality of the
lorries used for these journeys does not match the reduction
as agreed or if traffic volume grows too much, then this
automatically leads to a situation of scarce ecopoints . The
Commission does not intend to raise with Austria the

principle of this agreement but rather it is making every
practical effort to promote an efficient use of the available
ecopoints, including the redistribution of unused ecopoints
from one Member State to another .

WRITTEN QUESTION P-3076 / 95
( 20 November 1995 )

by Frederik Willockx ( PSE )

( 96 / C 91 / 49 )
to the Commission

Subject ; Eco-vouchers

Is the Commission aware that Austrian eco-vouchers issued

for transit traffic in 1995 are just barely sufficient ?

Does the Commission consider it acceptable for transit
traffic to be held to an upper limit by a Member State in this
way ?

Will the Commission consult further with the Member State

Austria to ensure that the most efficient use possible is made
of the eco-vouchers by the different Member States ?

If so, how ?

If not, why not ?

Answer given by Mr Kinnock

on behalf of the Commission

( 11 December 1995 )

The Commission is aware of the fact that the number of

ecopoints, which give the right to transit Austria, is only just

( 13 November 1995 )

( 96 / C 91 / 50 )

Subject : Reciprocity and the opening up of cable television

networks for telecommunications services

On 11 October 1995 the Commission abolished the

restrictions on the use of cable television networks to

provide telecommunications services ( Directive amending
directive 90 / 38 8 / EEC ) (*). From 1 January 1996 it will be
possible for cable networks to provide services such as
multimedia, tele-sales and on-line transactions etc . Only
voice telephony will be excluded .

In its resolution on this proposal ( Report A4-12 9 / 95 ) ( 2 ) the
European Parliament expressed its opposition to the
one-sided liberalization of just the telecommunications
sector . It called for reciprocity so that telecommunications
networks could also be used for transmitting audio-visual
material . The Commission has not responded to this

request .

Does the Commission not agree that by leaving reciprocity
out it has created a distortion of competition in this sector ?
Why did the Commission not include this element in the

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 31

amended Directive, and has it any plans to resolve this issue
separately in the very near future ?

WRITTEN QUESTION P-3078 / 95

by María Sornosa Martínez ( GUE / NGL )

to the Commission

(') OJ No L 256, 26 . 10 . 1995, p . 49 . ( 13 November 1995 )

( 2 ) OJ No C 166, 3 . 7 . 1995, p . 109 .

Answer given by Mr Van Miert

on behalf of the Commission

( IS December 1995 )

On 18 October 1995 the Commission adopted a Directive
amending Commission Directive 90 / 388 / EEC with regard
to the use of cable television networks for the provision of
telecommunications services . This Directive lifts restrictions

on the use of cable television networks for the provision
of all telecommunications services, apart from voice
telephony .

During the consultation of the Directive, the Parliament
had proposed in two resolutions, of 15 June 1995 and of

19 June 1995, to extend the scope of the Directive to
abolish in parallel all current restrictions imposed on
telecommunications organizations to carry broadcasting
services over telecommunications networks, from 1 January

1998 onwards . This proposal was also supported by some
other interested parties . It is based on the idea of a symmetry
of liberalization according to which once cable operators
may enter the telecoms services market, telecoms operators
should be allowed to enter the television broadcasting
market .

Ultimately, it appeared not to be possible to include a
provision introducing such symmetry in the Directive,
which deals with State measures granting exclusive and
special rights in the telecommunications sector . To request
Member States in an Article 90(3 ) Directive to abolish
exclusive or special rights granted to cable television
companies, the Commission would have to demonstrate the
incompatibility of such rights with provisions of the EC
Treaty, particularly with the provisions on freedom to
provide the relevant services within the Community, if that
was appropriate . In this framework, the Member States
would have to be given the opportunity to present possible
justifications for derogations under these rules and the
Commission would have to see whether they were
proportional to the aims pursued . Whatever the result of
such an enquiry, such a legal assessment could not be
completed in the timeframe set out for the adoption of the
cable television Directive .

Therefore it is currently still up to the Member States to
decide whether telecoms operators are allowed to provide
television broadcasting services over their networks .
However, the Commission agrees with the Parliament that a
Community-wide solution should be sought .

( 96 / C 91 / 51 )

Subject : Noise pollution in cities

Noise pollution, particularly that caused by recreational
activities ( discotheques, fairs, etc . ) disrupts the quality of life
of people living in a large number of European cities and is
becoming a real social problem .

1 . Can the Commission provide information on the
Community provisions in force with regard to noise
pollution from recreational activities ?

2 . If there is no Community legislation in this field, what
measures and proposals does the Commission intend to
draw up in the short term ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(7 December 1995 )

There is no Community legislation concerning noise emitted
by recreational activities . Neither are there regulations
concerning ambient noise exposure in general . This is an
issue where responsibility lies with the Member States . Some
Member States have such legislation . This can vary
considerably between Member States .

The Commission is currently preparing an overall
communication on noise as an environmental problem,
which will contain an action programme addressing, in
particular, the assessment of ambient noise exposure,
information to be given to the public and abatement
measures to be taken in areas exposed to high levels of
noise .

WRITTEN QUESTION E-3083 / 95

by Martin Schulz ( PSE )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 52 )

Subject : Seizure of plutonium at Munich airport

In the summer of 1994 a suitcase containing plutonium
illegally imported into Germany was seized in sensational
circumstances at Munich airport in the Federal Republic of
Germany .

Is The Commission aware of this matter and, if so, when
were the Commission and its services, and other European
agencies, informed of it ?

No C 91 / 32 EN Official Journal of the European Communities 27 . 3 . 96

Can the Commission say whether the Joint Research Centre
in Karlsruhe was involved, what services it provided for the
German police, when it provided them, when the plutonium
was seized, and when it was handed over to the Joint
Research Centre ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 10 January 1996 )

The Commission would refer the Honourable Member to its

earlier replies to questions about this incident ( Written
Questions No 1489 / 95 ( l ) and No 1508 / 95 ( 2 ) by Mrs
Breyer ).

The Commission ( Euratom safeguards directorate ) was
alerted by the German authorities in the early afternoon of

10 August 1994, that some material might be seized . In
accordance with formal agreements between the
Commission and the German Government this information

was immediately passed by phone to the European Institute
for Transuranium Elements ( TUI ) at Karlsruhe to ensure
that preparations were made to receive any material
seized .

The seizure was made by the German police, and the TUI
was not involved . Its activities that night were limited to
receiving the closed suitcase at its premises in Karlsruhe .
Subsequently, the TUI performed a precise analysis of the
material found inside the suitcase, to support the
investigations carried out by Member State authorities and
to determine as far as possible the source and history of the
nuclear material .

Will the Commission say whether the Commissioner was
attending as a representative of the European Union, what
its own position is and what commitments it has made in
respect of the construction of this road axis ?

WRITTEN QUESTION P-3224 / 95

by Nikitas Kaklamanis ( UPE )

to the Commission

( 24 November 1995 )

( 96 / C 91 / 54

Subject : The Via Egnatia

As we know, the trans-European network policy includes
the construction of the Via Egnatia linking the
Greek-Turkish border with the port of Igoumenitsa in
western Greece .

Consequently, the European Union has already indicated its
willingness to build this trunk road, which, moreover, is
being funded entirely by the ERDF and the Cohesion
Fund .

Bearing that in mind, to what extent does the presence of
Commissioner Van den Broek at the final signing of the
inter-State agreement on the construction of a parallel trunk
road, to the north-east of Greece 's frontiers, reveal a change
in the European Union 's decision on the importance of
constructing the Via Egnatia, taken under the
trans-European network policy ?

(') OJ No C 213, 17 . 8 . 1995 .

( 2 ) OJ No C 230,, 4 . 9 . . 1995 . . . Joint answer to Written Questions

E-3085 / 95 and P-3224 / 95

given by Mr Van den Broek
on behalf of the Commission

WRITTEN QUESTION E-3085 / 95

by Konstadinos Klironomos ( PSE )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 53 )

Subject : Construction of a road parallel to the ' Via
Egnatia '

On 23 October 1995 the Presidents of Albania, Bulgaria,
Turkey and the former Yugoslav Republic of Macedonia
gave a joint press conference at the seat of the UN and
announced the signature of a cooperation protocol for the
construction of a road running parallel to the ' Via Egnatia '.
The fact that this press conference was attended by Mr Van
den Broek, Member of the Commission, raises numerous
questions .

( 16 January 1996 )

The Commission was represented at the special session of
the general assembly on 23 October 1 995 for the celebration
of the 50th anniversary of the United Nations .

In the margin of that event in New York, the commissioner
responsible for Europe and the Newly Independent States,
common foreign and security policy and the external service
was invited by the president of Bulgaria, also on behalf of his
colleagues from Albania, Turkey and the Fyrom, to be
present at the signing ceremony of an inter-State agreement
on the construction of a road to which the Honourable

Member refers . The commissioner did not attend the press
conference which followed .

At the signing ceremony, the commissioner recalled, in
general terms and in line with standing Commission policy,
the importance of regional cooperation wherever feasible .
This view does not affect the approach taken within the

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 33

trans-European network policy, towards the construction
of the via Egnatia .

WRITTEN QUESTION E-3086 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 55 )

Subject : Operation of a quarry at a protected
archaeological site

A quarry is operating illegally within the protection area of
the archaeological site of Aptera in the prefecture of Chania
in Crete, despite the fact that the deadline for its relocation
passed on 24 January 1994 and the operation and
exploitation licences expired in 1990 and 1991 respectively,
pursuant to document 14L 1 / 637 / 26.7.1995 of the Chania
Industry and Mineral Resources Directorate .

Given that :

1 . In accordance with Decision IPPO / ARCH /

A1 / F25 / 41 398 / 2127 of the Ministry of Culture

( 24 August 1994 ),

'. . . the site of Th . Nikakis, where a quarry and a unit
for the production of finished concrete have been
operating illegally for a number of years and are
continuing to pursue certain activities on a periodic
basis, causing very substantial damage to the
archaeological site, must be permanently vacated and
restored by the relevant services of the Prefecture of
Chania, after the drawing up of a special report so as
to ensure that it fully harmonizes with the natural
environment of the region ',

2 . No authorization has been issued for the operation and

exploitation of the quarry in question,

3 . This constitutes a violation of Community legislation
and, in particular, Directive 85 / 337 / EEC ( 1 ), and

4 . On 20 July 1981 the Greek authorities ratified the
European Convention on the Protection of the
Archaeological Heritage ( London, 6 May 1969 ),

Will the Commission say what measures it intends to take to
put an end to the illegal mining activities in question, and
what means it intends to use, in conjunction with the Greek
authorities, to restore the environment ?

Commission therefore cannot take any specific measures,
especially if the activities described by the Honourable
Member are illegal, and hence the Member State in question
should simply enforce the law .

With respect to the restoration of the environment, the
Commission will examine any proposal submitted by the
Greek authorities in the framework of the existing financial
instrument .

WRITTEN QUESTION E-3092 / 95

by Christine Crawley ( PSE )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 56 )

Subject : Cycle paths

Is the Commission aware of any provision being made for
cycle paths as a condition of EU funding for ERDF road
projects and, if not, would the Commission consider making
this a condition ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 18 December 1995 )

The Structural Funds regulations do not contain any such
provision, nor, in view of the subsidiarity principle, does the
Commission envisage making such a proposal .

Nevertheless, outside the field of road projects, the
Structural Funds may assist the development of cycle paths
in certain regions under local economic strategies, for
example for the promotion of sustainable tourism .

WRITTEN QUESTION E-3 103 / 95

by Florus Wijsenbeek ( ELDR )

to the Commission

( 20 November 1995 )

(') OJ No L 175, 5 . 7 . 1985, p . 40 . ( 96 / C 91 / 57 )

Answer given by Mrs Bjerregaard

on behalf of the Commission

Subject : Netherlands decision to ban hunting a number of

species of migratory birds

( 20 December 1995 )

Is the Commission aware of the proposal by the Netherlands
Minister of Agriculture, Nature Management and Fisheries
From an environment point of view, Directive 85 / 337 / EEC to ban hunting eight species of migratory birds from next
is not applicable as it refers only to new projects . The year onwards ?

No C 91 / 34 EN Official Journal of the European Communities 27 . 3 . 96

Does the Commission feel this proposal is in line with :

— the Agreement on the Conservation of African-Eurasian

Migratory Water Birds ( the Ramsar Convention ),

— hunting policy in the other European countries,

— the concept of ' wise use ' ( communication from the
Commission on wise use and conservation of

wetlands ) f 1 )?

Has the Netherlands minister submitted reasons for this

proposal to the Commission ?

Does the Commission not think that this decision is

inconsistent with the hunting of migratory species of fish
such as salmon and eel ?

Can the Commission provide information on the European
populations of teal, pochard, shoveler, tufted duck, snipe,
woodcock, long-tailed tit and scaup ?

Will the Commission inform the Netherlands Government

that this decision does not reflect European policy, that it
therefore detracts from consistency of European policy on
hunting and that it will have a detrimental effect not only on
the economic viability of rural areas but also on the
consistency of the Internal Market ?

Does the Commission intend to take action against the
Netherlands Government in this respect ? If so, how ? If not,
why not ?

(') COM(95 ) 189 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 21 December 1995 )

The Commission has not yet been informed of the proposed
Dutch legislation referred to by the Honourable Member, as
Directive 79 / 409 / EEC on the conservation of wild birds (')
does not require Member States to inform the Commission
of draft legislation in that area .

Article 14 of the Directive allows Member States to apply
stricter protection measures than those laid down in the
Directive, so if the proposed Dutch legislation does contain
such measures it will not infringe Community law in that

area .

(') OJ No L 103, 25 . 4 . 1979 .

WRITTEN QUESTION E-3 107 / 95

by Michl Ebner ( PPE )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 58 )

Subject : Office and information centre in Brussels
representing the three border areas : autonomous
province of Bolzano, autonomous province of
Trento and the federal province of Tyrol

The Madrid Agreement and the Maastricht Treaty provide
for measures to underpine the principles of regionalism and
subsidiarity .

With this political objective in mind, the chambers of
commerce of Bolzano ( autonomous province of South
Tyrol ) and Trento ( Autonomous Province of Trento ), the
Innsbruck provincial government ( federal province of
Tyrol ) ( acting on the basis of the agreement concluded
between Italy and Austria, under the terms of the Paris
Treaty, concerning the Trentino-Alto Adige ( South Tyrol
region ) and the federal provinces of Tyrol and Vorarlberg
have decided jointly to set up an office and information
centre in Brussels representing these border areas .

However, the government representatives of Bolzano and
Trento sent telegrams to all government bodies and
dignitaries urging them not to attend the opening ceremony
on in Brussels on 19 October because of a number of

unspecified infringements of the Constitution .

At the same time, cooperation is being achieved without
any difficulty, not only on either side of the Brenner Pass
but also in many other border areas within the EU .

Is the Commission aware of this situation ? Is it investigating
the reasons for this unmotivated boycott, which runs
counter to the spirit of Europe ? Does it condemn the stance
adopted by the relevant Italian government authorities ?

What measures will the Commission take to prevent any
recurrence of such unfortunate incidents, which lead to
mistrust between Member States and cause difficulties with

regard to interregional cooperation ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 17 January 1996 )

The incident mentioned by the Honourable Member is not a
matter for the Commission .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 35

For its part, the Commission encourages cross-border Answer given by Mr Oreja
cooperation notably through the Community initiative on behalf of the Commission
Interreg supported by the Structural Funds . The Member ( 17 January 1996 )
States cited are involved in this initiative and negotiations to
develop a joint programme between the regions concerned
are well advanced .

Spain has correctly transposed Chapter V ( advertising and
sponsorship ) of Directive 89 / 552 / EEC in sections 9 and 12
to 16 of Act No 25 of 12 July 1994 f 1 ). It is incumbent on
Spain to apply these provisions to television broadcasters as
transposed into national law by whatever means are already
available to it or which it might acquire .

WRITTEN QUESTION E-3116 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 59 )

Subject : ' Television without frontiers ' Directive

A study by the Association of Media Users, commissioned
by the European Union, has shown that all Spanish
networks without exception are infringing certain
provisions of Directive 89 / 552 / EEC on television without
frontiers (^ which has been in force in Spain for three
months . The survey involved a series of spot checks carried
out over the last three months on programmes broadcast by
the Spanish national networks, that is ' TVE-1 ', ' La 2 ',
' Antena 3 ' and ' Tele 5 '. The results are as follows :

— The legal provision which is infringed most widely by all

the networks relates to covert advertising . Similarly, all
the networks without exception include indirect
advertising in their broadcasts .

— The Directive expressly states that news and current

affairs programmes may not be sponsored . However
news broadcasts by both ' Antena 3 ' and ' Tele 5 ' are
backed by sponsors .

— In addition the statutory limit of 5 % of daily
broadcasting time or one hour per day for television
advertising is also being infringed .

— With a number of exceptions, the television networks

are complying with statutory requirements concerning
the duration of advertising spots . However, according to
the survey, the insertion of advertising spots between
programmes, as practised by ' Tele 5 ', infringes television
legislation .

The Commission shares the Honourable Member 's concern

to ensure that the rules on advertising are observed by all the
broadcasting bodies under the Member States ' jurisdiction .
The Commission has already sent a request for information
to the Spanish authorities, reminding them that the
transitional period for implementing section 13 of the
Spanish Act has ended and that the television broadcasters
under their jurisdiction are required to observe the
provisions on advertising spots laid down by Article 11 of
Directive 89 / 552 / EEC . No reply has yet been received from
the Spanish authorities . The Commission plans to remind
the Spanish authorities that a reply is still awaited urgently,
and that Articles 10 ( surreptitious advertising ) and 17

( sponsorship ) should be correctly implemented .

(') BOE No 166, 13 . 7 . 1994 .

WRITTEN QUESTION E-3118 / 95

by Gianni Tamino ( V )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 60 )

Subject : Use of hormones in stockbreeding

By decision of 6 June 1995, the use of hormones for the
breeding of livestock for human consumption was
authorized by the ' Codex Alimentarius '. However, the new
rules do not establish maximum limits for residues of certain

substances prohibited under European law . The decision
was taken by 33 votes to 29 with seven abstentions . Codex
rules are often used as the basis for National and European
laws .

To what extent does this decision affect European rules in

In view of this, will the Commission ensure that the Spanish this area ? What steps will the Commission take to uphold
networks take steps to comply with the substance of the existing Directives on the protection of consumer health and
Directive on television without frontiers ? the strengthening of veterinary controls for this purpose,

particularly with regard to the import of meat from third
countries ( for example the USA ) in which such substances
(') OJ No L 298, 17 . 10 . 1989, p . 23 . are authorized ?

No C 91 / 36 EN Official Journal of the European Communities 27 . 3 . 96

Answer given by Mr Fischler
on behalf of the Commission

( 20 December 1995 )

Contrary to the Community position expressed by the
Commission, the commission of the Codex adopted by
secret vote on 6 July 1995 in Rome maximum residue limits
for certain synthetic hormones ( zeranol and trenbolone ),
and decided that it was not necessary to fix maximum
residue limits for natural hormones . Nevertheless this

decision does not call into question the prohibition on the
use of these substances as growth promoters currently in
force within the Community .

The Commission has always shown its attachment to the
concerns of the consumers of the Community, in particular
at the time of its proposals for Regulations (') ( currently
under discussion in the Council ) which aim at a better
harmonization and at a significant strengthening of the
prohibition measures and of controls on the use of
hormones in livestock farming .

The Commission continues to ensure the respect of
Community legislation and requirements, including those
regarding the prohibition of importation from third
countries of animals and meat from animals to which have

been administered hormonal substances for fattening
purposes . A scientific conference was held in Brussels from
29 November to 1 December 1995 on the use of

growth-promoting substances in meat production, and the
conclusions are available to the Honourable Member .

(') COM(93 ) 441 final — OJ No C 302, 9 . 11 . 1993 .

WRITTEN QUESTION E-3137 / 95

by Jessica Larive ( ELDR )

to the Commission

( 20 November 1995 )

( 96 / C 91 / 61 )

Subject : Recognition in Germany of Netherlands
qualifications for geriatric and patient care helpers

( beiaarden en ziekenverzorgers )

Having regard to the Second General System for the
Recognition of Professional Education and Training

( Directive 92 / 51 / EEC ) ( l ), supplementing Directive
89 / 48 / EEC ( 2 ), concerning the harmonization of diplomas,
and in the context of the free movement of persons and the
completion of the internal market,

1 . is the Commission aware that in Germany the
Netherlands qualifications for geriatric and patient care
helpers cannot be treated as equivalent to the German

qualification for Altenpfleger, even when accompanied
by considerable experience ?

2 . can the Commission confirm that the position of the
German Regierungsprasidium, that the training leading
to this qualification is insufficient for it to be treated as
equivalent to the German Altenpfleger qualification, is
in conflict with Directive 92 / 51 / EEC ?

3 . if so, what action does the Commission intend taking
to ensure that Dutch qualified geriatric and patient
care helpers have their qualifications recognized in
Germany ?

(') OJ No L 209, 24 . 7 . 1992, p . 25 .

( 2 ) OJ No L 19, 24 . 1 . 1989, p . 16 .

Answer given by Mr Monti
on behalf of the Commission

( 16 January 1996 )

The Commission is not aware of any particular difficulties
with regard to the recognition in Germany of the Dutch
qualifications of geriatric and patient-care helpers

( bejaarden en ziekenverzorgers ). In the absence of more
detailed information on the cases referred to by the
Honourable Member and on the decisions by the regional
authorities in Germany, it is unable to establish whether
there has been any infringement of Directive 92 / 51 / EEC

( which forms part of the legislation that the Community has
introduced specifically in order to facilitate the free
movement of professionals ).

Directive 92 / 51 / EEC covers the recognition of paramedical
qualifications, provided that certain conditions are fulfilled :
the migrant must be a Community national and be fully
qualified to practise the profession concerned in his home
Member State ; he must wish to practise the same profession
in another Member State, where the profession must be
regulated ; and the profession must be one not covered by
another recognition system introduced by Community
law .

But it should be stressed that, even where an application
fulfils these conditions and is admissible under the terms of

the Directive, recognition is not automatic . The authorities
must examine each application individually and compare
the professional education and training undergone by the
migrant with that required in the host Member State . If they
discover that there are substantial differences in either

duration or content, they may — subject to certain
conditions — require the migrant to complete an adaptation
period or aptitude test before granting recognition .

On receipt of full particulars from the Honourable Member,
the Commission will willingly investigate further the cases
referred to in the question .

27 . 3 . 96 I EN | Official Journal of the European Communities No C 91 / 37

WRITTEN QUESTION P-3138 / 95 WRITTEN QUESTION E-3 149 / 95

by Luigi Vinci ( GUE / NGL ) by Doeke Eisma ( ELDR )

to the Commission to the Commission

( 15 November 1995 ) ( 22 November 1995 )

( 96 / C 91 / 62 ) ( 96 / C 91 / 63 )

Subject : Waste disposal in Mereta in the district of Isola

del Cantone

A multi-purpose centre for the storage and treatment of
industrial waste is shortly to be built in Liguria, at Mereta in
the district of Isola del Cantone ( Genova ).

Does the Commission not consider that the environmental

impact assessment of the project carried out by the Ramoco
company is in clear breach of Directive 85 / 337 / EEC f 1 ) and
that the project poses clear environmental and social
dangers in an area where there is already heavy industrial
settlement ?

Does the Commission intend to co-finance this project and,
if so, should it not block the funding until further guarantees
are provided concerning the environmental aspects of the
project ?

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

Answer given by Mrs Bjerregaard

on behalf of the Commission

Subject : Allocation of the reserve budget for Community

initiatives, notably Interreg II C

Following its decision of 4 October 1995 concerning the
allocation of the reserve budget for Community initiatives,
can the Commission provide an overview of the amounts of
extra funding granted and the initiatives to which it has been
allocated ?

On the basis of what data and strategies was the reserve
budget allocated ? Is the whole of the reserve budget now
being allocated, or is part of it being reserved for initiatives
in 1998 and 1999 ?

How does the third section, Interreg II C, particularly with
regard to combating flooding and drought, comply with
established criteria such as partnership and additionality ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(7 December 1995 ) ( 19 December 1995 )

Projects for the construction of waste ( including industrial
waste ) storage and disposal facilities fall within the scope of
Directive 85 / 337 / EEC on the assessment of the effects of

certain public and private projects on the environment .

The Commission takes note of the fact reported by the
Honourable Member that an environmental impact
assessment has been carried out for the project in question
— a multi-purpose centre for the storage and treatment of
industrial waste to be built at Mereta, in the district of Isola
del Cantone ( Genova ). However, before it can express an
opinion on whether or not the Directive has been complied
with, the Commission must first be acquainted with the
procedure actually followed by the Italian authorities .
Consequently, the Commission would like the Honourable
Member to supply it with detailed information regarding
the various stages of the project authorization procedure .

The Commission has no intention of co-financing this
project .

Parliament has been notified of the guidelines, criteria and
priorities for the reserve budget for Community initiatives
and of the share-out of funding as decided by the
Commission on 4 October . It is now examining the
details .

In allocating the reserve 's funds, which have now all been
allotted, care was taken not to increase new initiatives . At
the request of some Member States and Parliament, only one
such initiative, Interreg II C, was launched . Where
requirements have been duly substantiated, the funding of
existing initiatives has been increased .

As regards Interreg II C, the Commission has only drawn up
guidelines . The way in which the principles governing
partnership and additionality will be put into practice will
be decided when the operational programmes are drawn up

next year .

No C 91 / 38 EN Official Journal of the European Communities 27 . 3 . 96

WRITTEN QUESTION E-3 162 / 95

by Doeke Eisma ( ELDR ) and Hugh Kerr ( PSE )

to the Commission

( 22 November 1995 )

( 96 / C 91 / 64 )

Subject : Misuse of EU funding by the European Bureau for

Conservation and Development ( EBCD )

On 28 April 1995, the Commission answered Question
E - 999 / 95 ( 1 ) by Hugh Kerr ( MEP ), concerning the misuse of
EU funding by the EBCD, by stating that the activity report
relating to the identification of Community-based wild
resource management projects in South-East Asia,
implemented by the EBCD, had just been received .

After reading both the activity and financial reports, what is
the opinion of the Commission regarding possible misuse of
EU funding by the EBCD ?

(') OJ No C 179, 13 . 7 . 1995, p . 63 .

Answer given by Mr Marin
on behalf of the Commission

( 10 January 1996 )

The activity report relating to this project complies with the
project 's terms of reference and corresponds to the project 's
objectives . The country studies have been judged useful in
planning future projects in the field of wild-life resource

management .

As regards the financial report relating to the project, the
Commission is currently colleting additional information to
enable it to check that Community funds have been properly
managed by the European Bureau for Conservation and
Development . More specific information will be provided to
the Honourable Member in due course .

WRITTEN QUESTION E-3 165 / 95

programme for eight provinces, with 12 target areas ? If so,
can this decision be expected before the end of 1995 ?

2 . Does the Commission endorse the approach of
dipping into ESF funds in addition to ERDF funds, or does it
have problems with this, and are we to expect prolonged
negotiations ?

3 . Is the Commission aware that a trial period is needed
for the innovatory sections of the programme so that they
can be fully operational in the planning stage

( 1996 — 1999 )?

4 . Should particular emphasis not be laid on the
programme 's innovative approach, given the rather modest
funding of Community initiatives ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 16 January 1996 )

1 . There will be only one small and medium-sized
enterprises ( SME ) programme for Austria, covering all
Austrian Objective 1, 2 and 5b areas . The Commission
expects that the programme will be ready for signature at
the beginning of 1996 .

2 . The Austrian authorities propose that both the
European Regional Development Fund and the European
Social Fund should contribute to funding the SME
programme . The Commission agrees with this integrated
approach, which need not cause any delay .

3 . Yes, but the Commission considers that a commitment
period for four years should be long enough for the
implementation of this relatively small programme .

4 . Yes . The Commission believes that the SME

programme submitted by the Austrian authorities contains
interesting and innovative proposals, in particular a number
of pilot projects in the field of information technology and
the environment .

WRITTEN QUESTION E-3 166 / 95

by Erich Farthofer ( PSE )

by Imelda Read ( PSE )
to the Commission

to the Commission

( 29 November 1995 ) ( 29 November 1995 )

96 / C 91 / 65 ) ( 96 / C 91 / 66 )

Subject : Community initiative for SMEs — operational Subject : Atlas Joint Venture

programme for Austria

1 . Is the Commission cutting through the red tape to
reach a rapid decision confined to an operational SME

On 16 October 1995 the Commission signalled the possible
clearance by mid-1996 of the proposed Atlas Joint Venture
between Deutsche Telekom and France Telecom .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 39

Would the Commission provide details of the conditions favourable decision with respect to these transactions may
attached to this agreement which are not required by current be expected by mid-1996 .
or draft EU legislation, and would it confirm that all
information ( excepting that which is of commercial (') OJ No C 337, 15 . 12 . 1995 .
sensitivity ) relating to the Joint Venture will be made
available to the public ?

Answer given by Mr Van Miert

on behalf of the Commission WRITTEN QUESTION E-3 171 / 95

by Susan Waddington ( PSE )
( 22 December 1995 )

to the Commission

( 29 November 1995 )

The Commission reminds the Honourable Member that

Deutsche Telekom and France Telecom formally notified
the Atlas joint venture and requested an exemption decision
pursuant to Article 85(3 ) of the EC Treaty . Under the
procedural rules applicable, the Commission must publish a
summary of the notification in the Official Journal of the
European Communities and invite interested parties to
submit their observations within a given time before
consulting the advisory committee on restrictive practices
and monopolies . Only thereafter can the Commission adopt
a favourable decision which may impose conditions and
obligations upon the parties . A comprehensive summary of
the notification as amended, and of the undertaking given
by the parties, was published on 15 December 1 995 ( 1 ).

The Commission confirms that, as noted by the Honourable
Member, the parties on 16 October 1995 undertook certain
commitments and submitted a number of contractual

changes :

— the French and German public switched data networks

will remain separate from the Atlas joint venture until
both telecommunications infrastructure and services are

fully liberalized in France and Germany, as is scheduled
to occur by 1 January 1998 . Until that time, the parties
will provide non-discriminatory third-party access to
these networks ;

— the parties will provide third parties with access to

reserved services and to the public switched telephone
network ( PSTN ) in the same terms as to the Atlas joint

venture ;

— the parties undertake certain commitments regarding

discrimination, cross-subsidization as well as auditing
and reporting obligations ; and

— France Telecom agrees to divest its interest in the

German value-added telecommunications services

provider Info AG .

The Commission has indicated that in view of these

commitments and without prejudice to the comments
recieved from third parties and the opinion of the advisory
committee on restrictive practices and monopolies, a

( 96 / C 91 / 67 )

Subject : Recruitment of women chauffeurs by the
institutions

Given that it appears that no women chauffeurs are
employed by the Commission, and indeed the other
institutions, will the Commission ensure that positive action
will be taken to recruit more women into these posts ?

Answer given by Mr Liikanen

on behalf of the Commission

(9 January 1996 )

It is true that at present there are no women employed as
drivers at the Commission .

Notices of recruitment competitions invariably draw
attention to the fact that the institutions are equal
opportunities employers and particularly welcome
applications from women .

It must be said, however, that competitions for drivers do
not attract enough applications from women and that there
are consequently not enough successful women candidates,
as in the case of competition COM / D / 577 held in 1977,
which yielded only one successful female candidate, who has
since neen taken on as a messenger, or none at all, as in the
case of the last competition ( EUR / D / 24 ).

The Commission, like the Honourable Member, would like
to see a fair proportion of women in occupations which, for
no valid reason, are still a traditionally male preserve . In
future, it will endeavour to target information specifically
on the female population so as to encourage women to take
part in these competitions and will pay particular attention
to ensuring that women placed on the list of suitable
candidates are actually recruited .

No C 91 / 40 EN Official Journal of the European Communities 27 . 3 . 96

WRITTEN QUESTION E-3 188 / 95 Answer given by Mr Fischler
on behalf of the Commission

by Jan Mulder ( ELDR )

to the Commission

( 29 November 1995 )

( 21 December 1995 )

( 96 / C 91 / 68 ) 1 . Council Regulation ( EEC ) No 315 / 93 of 8 February
1993 laying down Community procedures for
contaminants in food was not in existence in January 1992
when the German authorities notified the Commission of a

Subject : Concentration of nitrates in vegetables,

draft sixth amending Regulation intended to limit permitted

particularly lettuce

levels of various crop treatment chemicals .

To my oral question of 28 October 1994 ( H-609 / 94 ) the
Commission answered as follows ('):

' Under the terms of Council Regulation ( EEC )
No 315 / 93 ( 2 ), every Member State which deems it
necessary to adopt new legislation relating to
contaminants in food must inform the Commission and

other Member States of the measures envisaged,
indicating the grounds which justify them . The Member
State may only take the measures envisaged three months
after communicating this information, and provided the
Commission 's opinion is not negative .

If, as the Honourable Member indicates, a certain
Member State intends to limit the nitrate content of

lettuce, the Commission will examine whether these
measures are justified and will consult Member
States .

As the question of whether there is a need to legislate on
nitrates at Community level is still being studied, it is
likely that, as in similar cases, the Commission will invite
the Member State to defer any national initiative in this

area .'

In the light of the above answer :

1 . In what way was the procedure referred to in the
Commission 's answer implemented with regard to the
proposed standards for the nitrate content of lettuce in
Germany ?

2 . When does the Commission expect a European standard
for nitrates in lettuce to be applicable ?

3 . What action does the Commission intend taking in

future if the situation arises whereby the European
standard on nitrates in lettuce does not yet apply while a
national standard is in application in Germany ?

4 . Has the Commission any plans to make compensation
payments to growers affected by the failure to apply in
good time a European standard on the nitrate content of
lettuce ?

Germany 's action in notifying its intention to limit the
nitrate content of vegetables was taken under Council
Directive 83 / 189 / EEC of 28 March 1983 laying down a
procedure for the provision of information in the field of
technical standards and regulations (').

In its comments on the proposal, the Commission told
Germany that in the absence of Community legislation the
Member States were free to take action under Article 36 of

the EC Treaty provided the rule of proportionality was
observed and this could be shown by importing Member
States . It also announced its own plans to adopt legislation
in this area, pointing out that Germany might therefore be
required in due course to bring its own standards into line
with the Community rules .

2 . The Commission is working with the Member States
to find a Community solution to this issue without
delay .

3 . The new German standards for the nitrate content of

lettuces have been in force since 1 November 1995 . So far

there has been no hindrance to trade and the Commission

trusts this will continue to be the case until a Community
solution is in place .

4 . The Commission sees no basis for compensation
payments to growers along the lines suggested by the
Honourable Member .

( ) O J No L 109, 26 . 4 . 1983 .

WRITTEN QUESTION P-3 189 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 21 November 1995 )

( 96 / C 91 / 69 )

Subject : Duplicate personal files of Commission officials

(') Debates of the European Parliament, No 4-453 ( November
1995 ). In Cases T39 / 93 and T553 / 93, the Court of First Instance of

( 2 ) OJ No L 37, 13 . 2 . 1993, p . 1 . the European Communities condemned the Commission for

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 41

having kept duplicate personal files of its officials ( secret
files as well as official files ) for many years, thereby
infringing Article 26 of the Staff Regulations which
explicitly prohibits the keeping of duplicate personal files .
This inadmissible and unprecedented occurrence reveals a
number of procedures and practices within the Commission
in the absence of formal legislation explicitly prohibiting
such a state of affairs .

In order to achieve the transparency and democracy
frequently advocated by the Commission, can it provide the
following information :

1 . Was it aware of the existence of duplicate personal
files ?

2 . Has a thorough investigation been carried out to
ascertain whether this has also been taking place
elsewhere ( outside the translation service ) and, if not,
will the Commission launch such an investigation ?

3 . Will the Commission establish where the responsibility
lies and take disciplinary action accordingly, irrespective
of the hierarchical position of those responsible or in any
way involved ?

4 . Why did it secretly destroy a number of files, at least
those whose existence had been revealed ( in the
translation service )?

5 . Who can guarantee that duplicate personal files of
officials are not still being kept ?

6 . In order to safeguard transparency and democracy and
the dignity of officials in all European Union institutions
and bodies, will the Commission enact an administrative
Regulation prohibiting this and other similar practices,
particularly in view of the deliberations of the
Intergovernmental Conference on the future of the
European Union ?

7 . Will the Commission keep the European Parliament
informed of developments concerning this major
issue ?

Answer given by Mr Liikanen

on behalf of the Commission

( 11 January 1996 )

1 . The Commission complies in full with the provisions
of the Staff Regulations which state unequivocally, without
need for implementing provisions, that there shall be one file
on each official, enabling him to defend himself if necessary .
The Commission does not keep personal files containing
appraisals of its officials beyond the official file .

2 . Directors-General and Heads of Department / Service
have been acquainted with the judgment given by the Court
of First Instance on 11 October 1995 . No comparable files
are kept in any department .

3 . The institution ended the practice between
13 December 1991 and 15 January 1992 at the initiative of

the Service itself . That was well before the Court of First

Instance gave its judgment . The Commission has issued
internal instructions for strict compliance with the Staff
Regulations .

4 . The parallel files were destroyed in a wholly
appropriate manner .

5 . Those responsible for organizing work done in the
Directorates-General and departments of comparable status
undertake to secure compliance with the Staff Regulations .
There are no longer any files containing reports or
appraisals on ability, efficiency or conduct in the service
other than those in the official personal files .

6 . The Staff Regulations make provision for protection
of officials in this respect . There is consequently no need for
further rules or Regulations to safeguard staff rights .

7 . This is purely a matter of internal organization in the
Commission .

WRITTEN QUESTION E-3 193 / 95

by Honorio Novo ( GUE / NGL )

to the Commission

( 29 November 1995 )

( 96 / C 91 / 70 )

Subject : Substance of new provisions in the EU-Morocco

trade agreement

On the night of 10 November 1995 the governments of the

15 Member States — including the Portuguese Government
— accepted the terms of the new trade and association
agreement between the EU and the Kingdom of Morocco
which, according to reports carried in all of the media, has
apparently incorporated new provisions relating to the
Portuguese canning industry .

Can the Commission give full details of these new
provisions ? Specifically as regards the aid of some ECU 2,2
million ( Esc 430 million ), for how long is it to be granted,
what particular objectives is it intended to attain, and how is
it to be financed under the budget ? ( Is the money to be
provided, for instance, by re-allocating Structural Funds
already earmarked for Portugal under the second CSF )?

Answer given by Mrs Bonino

on behalf of the Commission

( 22 December 1995 )

As a follow-up to the conclusions reached at the meeting of
the Council ( fisheries ) on 26 October regarding the

No C 91 / 42 EN Official Journal of the European Communities 27 . 3 . 96

Commission 's report on the sardine market, and to soften
the impact of the association Agreement with Morocco, a
range of specific measures will be implemented to provide
increased support for the Community sardine industry and
for Portugal 's canning industry in particular .

The aid level referred to by the Honourable Member
corresponds in part to an estimate of the annual scope for
carry-over aid, after uprating of the sardine premium . This
form of assistance is intended to cover freezing and storage
costs, for up to six months, in respect of stocks taken off the
market when heavy landings drive prices down to
withdrawal levels . The aid will come from the EAGGF

Guarantee Section and is not subject to a time limit since it is
covered by the common market organization for fishery
products .

The remainder of the aid is to help with setting
up producers ' organizations and groupings of such
organizations, and also to assist quality improvement . It will
be covered by the Financial Instrument for Fisheries
Guidance under a budget heading not included in the
national Community support frameworks ; this aid will be
available once only, when an organization is set up or a
quality improvement scheme is implemented .

WRITTEN QUESTION E-3 197 / 95

by Honorio Novo ( GUE / NGL )

to the Commission

( 29 November 1995 )

(' 96 / C 91 / 71 )

Subject : Regeneration periods provided for in the
EU-Morocco fisheries agreement

On the night of 10 November 1995 the governments of the

15 Member States — including the Portuguese Government
— accepted the terms of the new fisheries agreement

between the EU and the Kingdom of Morocco .

According to the available information, the biological
regeneration period provided for in the agreement was to
have been two months a year . However, media reports in
Portugal have claimed that the Moroccan negotiators
managed at the last minute to push through a longer period,
namely three months .

What is the actual regeneration period laid down in the
EU-Morocco fisheries agreement ? What additional
stipulations imposed, if any, have caused the biological
regeneration period to be extended ?

Answer given by Mrs Bonino

on behalf of the Commission

( 19 December 1995 )

As the Honourable Member states, on the night of

10 / 11 November the Council approved the terms of an
agreement between the Community and Morocco . The
agreement concerned was the association Agreement,
however, and not the fishery agreement, which was
initialled in Brussels on 15 November .

The biological regeneration periods are specified in the
datasheets annexed to the Protocol to the fishery
agreement (').

As the Honourable Member may verify, the Portuguese
fleet, operating solely in the long-liners category, is bound to
observe a biological regeneration period of two months .

(') COM(95 ) 608 .

WRITTEN QUESTION E-3200 / 95

by Karl von Wogau ( PPE )

to the Commission

( 29 November 1995 )

( 96 / C 91 / 72 )

Subject : Distortions of competition concerning timber

production in the Federal Republic of Germany

The German Government 's annual report on agriculture
reveals that, over the period 1989 — 1993, the average
annual deficit of the national forestry undertakings in the
original ' Lander ' amounting to about DM 220 per hectare
was met from the public funds of the Lander . For the period

1992 — 93, the average compensatory payment in respect of
the new Lander amounted to DM 380 per hectare .

At the same time, private undertakings received annual aid
of between DM 22 / ha and DM 77 / ha only, in the form of
funding and advisory services .

This discrepancy, which was greatly widened in 1994 as a
result of an additional increase in subsidies, is being
compounded by the increased burden of taxation on private
undertakings . As a result, competition between forest
owners and the trade within the internal market is being
distorted .

Does the Commission consider that aid for public forestry
undertakings is compatible with Article 92 of the EC
Treaty ?

Has the Commission investigated whether the aid is in
accordance with Article 93 of the EC Treaty, or does it
intend to do so ?

What proposals can the Commission make to safeguard fair
competition in the internal market with regard to timber
production and trade ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 43

Answer given by Mr Fischler
on behalf of the Commission

Answer given by Mr Santer
on behalf of the Commission

( 22 December 1995 ) ( 15 December 1995 )

The practices described might involve state aid . However,
the Commission is not aware of any state aid to public or to
private undertakings in the forestry sector of the type and
amounts cited .

The Commission has asked the German authorities to

clarify the matter and further emphasized the Member
State 's obligation under Article 93(3 ) of the EC Treaty to
notify any plans to grant or alter aid . The Commission will
take position under Article 93 of the EC Treaty with respect
to aids which may exist in Germany .

The Commission often takes a favourable view of State aid

in relation to forestry, but assesses each individual case on its
merits . Its policy is partly based on Council Regulation
( EEC ) No 2080 / 92 (') which provides for Community
co-financing of afforestation measures ( investments,
maintenance and income loss compensation ) on agricultural
holdings . Article 8(2 ) of this Regulation allows Member
States to provide additional aid for measures for which the
aid conditions differ from those laid down in the

Regulation, or the amounts exceed the limits stipulated in
the Regulation, provided that the aid measures comply with
Articles 92 to 94 of the EC Treaty . Regarding forestry
exploitation the Commission 's State aid policy is based on
Council Regulation ( EEC ) No 867 / 90 ( 2 ), which provides
for Community co-financing of measures for the
development and rationalization of the processing and
marketing of wood . It is often the Commission 's practice
under Article 92(3)(c ) of the EC Treaty to regard relatively
high aid rates in the forestry sector as compatible with the
common market .

(') OJ No L 215, 30 . 7 . 1992 .

( 2 ) OJ No L 91, 6 . 4 . 1990 .

The newsletters mentioned by the Honourable Member
form only a small part of the newsletters produced by the
departments, Offices and Representations in the Member
States and the Commission delegations . The Statistical
Office, DGs I, II, III, V, X, XI, XVI, XVII and XXIV and
ECHO should be added to the list contained in the

question .

A review of the current situation shows that these

newsletters are generally effective in informing the various
publics . However, in order to introduce a measure of
consistency, the Commission departments recently agreed
on common general principles to be applied to the
production of bulletins and newsletters for the general
public .

WRITTEN QUESTION E-3204 / 95

by James Fitzsimons ( UPE )

to the Commission

( 29 November 1995 )

( 96 / C 91 / 74 )

Subject : Lifting restrictions on access to the Breydel press

centre

In the light of the Commission 's commitment to
transparency, will it indicate when it will reverse its decision
to restrict access to the Breydel press centre to journalists
only ? Would the Commission consider opening the press
centre when it is not being used for press conferences ?

WRITTEN QUESTION E-3202 / 95

Answer given by Mr Santer
by James Fitzsimons ( UPE ) on behalf of the Commission

to the Commission
( 16 January 1996 )

( 29 November 1995 )

( 961 C 91 / 73

Subject : Production of newsletters in DGs

In the light of the success of the Newsletters produced by
DGs IV, XV, XII and XIII, will the Commission state what
its intentions are concerning similar newsletters from other
DGs ?

The Commission press centre is reserved by definition for
professional journalists . However, members of the press
services of the institutions have a number of specific passes
giving access to it . Moreover, all the documents published
for journalists are accessible on the day of publication in the
Rapid database .

No C 91 / 44 EN Official Journal of the European Communities 27 . 3 . 96

WRITTEN QUESTION E-3208 / 95 compliance with the notification requirement by Member

by James Fitzsimons ( UPE ) States .

to the Commission

(M COM(95 ) 365 final .
( 29 November 1995 )

( 96 / C 91 / 75 )

WRITTEN QUESTION E-32 14 / 95

Subject : Excessive State aids by Gerardo Fernandez-Albor ( PPE )

to the Commission

(1 December 1995 )

Could the Commission set out what it intends to do, in the ( 96 / C 91 / 76 )
light of the Fourth report on State aids, to press the richer
Member States to reduce excessive State aids to industry at
the expense of the poorer cohesion countries ? Subject : Cancellation of foreign

Subject : Cancellation of foreign debt for Latin American

countries which protect their tropical forests

Answer given by Mr Van Miert

on behalf of the Commission

( 17 January 1996 )

Several years ago the Commission set in train a policy for
reducing the amount of aid granted to domestic firms by
Member States, particularly the most prosperous on .
Economic and social cohesion is the focal point of its policy
on regional aid . Under that policy, the Commission makes a
careful selection of the regions eligible for regional aid in
order that aid can be concentrated in the least-favoured

regions . It also fixes the level of aid so that a sufficiently wide
differential is maintained between the different types of
region .

The figures contained in the fourth survey from the
Commission on State aid in the manufacturing and certain
other sectors (*), which covers the period 1991 / 92, confirm
the downward trend in the aggregate volume of aid . The
disparities between the richest Member States and those
covered by the cohesion arrangements must be looked at in
the light not only of the growing budgets of the Structural
and Cohesion Funds but also of the very significant needs
created by the exceptional situation of German unification
and by the essential restructuring of ailing industries .

The Commission is also convinced that the tightening of its
rules since 1992 will prove effective, with the volume of aid
being reduced even more substantially . In the meantime, it
has also abolished certain forms of aid that were not geared
to any specific objective of interest to the Community,
lowered certain regional aid thresholds and the thresholds
for environmental aid, imposed very strict criteria for
restructuring aid and pursued a policy of improving the
monitoring of aid, in particular by ensuring better

Costa Rica is meeting with some success in having its debt
with developed countries such as Canada and Sweden
cancelled in return for support for the conservation of
protected areas in that country, which represent 32 % of its
entire territory .

Following this experiment negotiations on similar
agreements have begun with a number of European
countries, including Spain .

The initiative has proved to be highly effective and
profitable, both in terms of helping to cancel the foreign
debt of developing countries and as a contribution to
conserving the various protected areas in Latin American
countries .

Can the Commission say whether it considers it advisable to
study the introduction of a Community policy in this area so
as to help the above countries to conserve their natural
habitats and reduce their dependence on foreign debt with
the most developed countries ?

Answer given by Mr Marin
on behalf of the Commission

( 11 January 1996 )

The Community provides financial assistance for nature
conservation schemes in Costa Rica and other Latin

American countries, notably to protect tropical forests, but
it has no direct involvement in debt remission .

The Commission is well aware of the constraints placed by
indebtedness on many developing countries and in 1993
proposed that debt and financial flows be regarded as prime
candidates for policy coordination at Community level .
That proposal, however, was not taken up by the
Council .

In Latin America as elsewhere Community aid largely takes
the form of grants . As regards the treatment of bilateral
debt with industrialized countries, the Commission
wholeheartedly supports the efforts made over the last ten

27 . 3 . 96 I ™ Official Journal of the European Communities No C 91 / 45

years at the instigation of Member States and others to find
new, more flexible ways of managing debt .

While it does not believe conversion of debt into investments

or development funds is appropriate in all cases or
substitutes for other forms of debt reduction it is a useful

addition to the repertoire and can help steer resources
towards areas of greatest need . The protection of the
environment is one such area in which operations of this
kind can make a significant contribution .

The UN 's Commission on Sustainable Development also
sees such operations as a way of allocating resources to
conservation in developing countries .

with derogations for certain Member States being allowed
only on a transitional basis .

As regards rates, harmonization was carried out by
Directive 92 / 77 / EEC of 19 October 1992 ( 2 )

( approximation of VAT rates ). Since works of art are not
mentioned in Annex H to that Directive, all Member States
apply the standard rate, which may not exceed 15 %, to the
margin .

(') OJ No L 60, 3 . 3 . 1994 .

( 2 ) OJ No L 316, 31 . 10 . 1992 .

WRITTEN QUESTION P-3222 / 95

by Carles-Alfred Gasoliba i Bohm ( ELDR )

to the Commission

( 24 November 1995 )
WRITTEN QUESTION E-32 16 / 95

by Gerardo Fernandez - Albor ( PPE )

to the Commission

( 96 / C 91 / 78 )

(1 December 1995 ) Subject : Customs union with Turkey

( 96 / C 91 / 77 )
The Treaty on a customs union with Turkey is shortly to
come before the European Parliament for approval .

Subject : Introduction of Community VAT for culture

A large number of art dealers from the 15 Member States of
the European Union recently met in Spain to discuss the
taxes imposed in the market in works of art and called for
the introduction of Community VAT on cultural works .

The conference organizers claimed that there is an
astonishing variation in the VAT applied to works of art in
each individual country of the European Union, which
hinders their free movement throughout Europe .

Can the Commission say what opinion it holds on the
matter and what real possibilities there are for introducing
Community VAT on culture as requested at the recent
meeting of Community art dealers in Spain ?

Answer given by Mr Monti
on behalf of the Commission

( 19 January 1996 )

The Commission does not possess any information
regarding the meeting referred to by the Honourable
Member .

The VAT arrangements for works of art were harmonized
by Directive 94 / 5 / EC of 14 February 1994 ( J ), which
introduced a special scheme based on the profit margin,

Can the Commission state what measures have been

provided for with a view to ensuring fair competition in
trade with Turkey and preventing possible prejudice to
European Union undertakings ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 17 January 1996 )

The proposal for a Decision concerning the introduction of
the final phase of the customs union between the
Community and Turkey, which has been submitted to
Parliament for its assent, confers significant economic and
commercial benefits on the Community, the most important
being the complete elimination of the customs duties
imposed by Turkey on European exports . A very
considerable increase in the volume of European exports to
Turkey and a lasting beneficial effect on employment in the
Community can be expected as a result of the
implementation of this Agreement .

Appropriate provisions covering sensitive sectors such as
textiles, the motor vehicle industry and agriculture have
been included in the text of the Decision . The text also

ensures that Turkey will bring its law and practice into line
with the Community 's law and practice, especially as
regards respect for intellectual property rights, competition
rules, technical standards and commercial policy .

An extract from the document on the customs union with

Turkey which has been prepared for the information of the

No C 91 / 46 EN Official Journal of the European Communities 27 . 3 . 96

members of the parliamentary committees that are required Answer given by Mr Fischler
to deliver an opinion on the customs union is being sent on behalf of the Commission
direct to the Honourable Member and to Parliament 's
( 22 December 1995 )
Secretariat .

The French Government informed the Commission by
letters dated 25 September and 19 October 1995 that the
part of the subsidized repayment of interest on loans due in

WRITTEN QUESTION E-3225 / 95

by Stephen Hughes ( PSE )

to the Commission

(1 December 1995 )

( 96 / C 91 / 79 )

Subject : Community forestry project in Lesotho ( contract

No B7-5040 / 93-46 )

Could the Commission indicate what the present situation is
in the Development Section for meeting their obligations to
the various non-governmental organizations, most
especially to the Community forestry project in Lesotho in
regard to the funding of the projects undertaken on behalf of
the European Union ?

Answer given by Mr Pinheiro

on behalf of the Commission

1 993 exceeding what could be approved by the Commission
has been recovered in compliance with the Commission
decision of 27 July 1994 .

The French Government has complied also with the
Commission Decision of 27 July 1994 relative to Stabiporc,
as confirmed in its letter dated 30 october 1995 .

Concerning another aspect of Stabiporc (' pool bancaire '),
the Commission adopted on 31 October 1995 another final
decision involving recovery of aid under Article 93(2 ) of the
EC Treaty . This will be published in the Official Journal of
the European Communities .

WRITTEN QUESTION E-3230 / 95

by Jan Mulder ( ELDR )

to the Commission

( 22 January 1996 ) (1 December 1995 )

( 96 / C 91 / 81 )

The 1995 payment credit allocation under budget line
B7-5040 ' Environment in developing countries ' has proved
to be insufficient to meet an increased number of payment Subject : Outbreak of brown-rot in the Netherlands
requests introduced during the first nine months of

1995 .

This unfortunate state of affairs has been remedied in

accordance with budgetary procedures by the transfer of
unused payment credits from another budget line .

As far as the community-based forestry project in Lesotho is
concerned, payment has now been made .

WRITTEN QUESTION E-3227 / 95

by David Thomas ( PSE )

to the Commission

(1 December 1995 )

( 96 / C 91 / 80 )

Subject : State aids in the pig sector

Has any of the money paid by the French Government to pig
producers in contravention of the Treaties been recovered ?
If not, can the Commission explain why not ?

As the Commission is aware, the infectious disease of
brown-rot has broken out in a number of potato-growing
farms in the Netherlands . The Netherlands Government, as
the Commission is also aware, is making considerable
efforts to track down the causes of the infection and prevent
it from spreading further . In addition strict control measures
have been set up to prevent infected material from coming
onto the market . The farms affected by brown-rot face
considerable losses, at all events if no adequate
compensation arrangements are available .

To avoid the great uncertainty that is now being created by
ad hoc solutions and solutions that will also have to be

monitored for compliance with current European
competition rules, I wish to ask the Commission the
following questions :

1 . Is the assumption correct that there exist at this time at
European level no arrangements under which the
affected farms can apply for relief from the financial
consequences of this disaster ?

2 . If that is indeed the case, is the Commission prepared to
take steps resulting in the provision of compensation
arrangements by analogy with those that already apply
to infectious animal diseases ? The financing basis for

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 47

such arrangements could likewise be based on
contributions from the European budget, the national
budget and contributions from the sector itself .

Answer given by Mr Fischler
on behalf of the Commission

( 20 December 1995 )

The Commission is aware of outbreaks of potato
brown-rot, caused by pseudomonas solanacearum, in the
Netherlands . In this context, the Commission has recently
adopted specific measures under the safeguard clause
provisions of Directive 77 / 93 / EEC (') on protective
measures against the introduction into the Community of
organisms harmful to plants or plant products or against
their spread within the Community, as amended, with a
view to strengthening protection against the spread within
and the introduction of brown-rot from the Netherlands .

The current Community plant health regime as established
by the Directive does indeed not include provisions for a
financial contribution from the Community for expenses
arising from such outbreaks . However, it should be noted
that in this respect the Commission presented in 1989 a
proposal for a Council Directive ( 2 ) amending Directive
77 / 93 / EEC .

The proposal consists essentially of two elements, namely
financial solidarity under which a Community fund would
be created to provide a contribution to Member States '
expenses in combating an outbreak of a harmful organism
spread by contaminated consignments, and financial
liability under which this contribution would have to be
reimbursed to the solidarity fund in the event of
non-compliance by a Member State with its obligations
under the Community plant health regime . The proposal is
still under discussion in the Council .

Answer given by Mr Fischler
on behalf of the Commission

( 20 December 1995 )

Dry stone walls are recognized as an essential feature of the
landscape and effective for stock control in many parts of
the Community . However, traditional walls are expensive
to maintain . Dry stone walling is a skilled operation
employing construction techniques which vary considerably
in different regions . Without public support, dry stone walls
could fall into disrepair and be replaced by wire fencing .
This would reduce the quality of the landscape and risk
losing the traditional construction skills in those regions .

Dry stone walling is eligible for support under a number of
Community agricultural and rural programmes . In the
framework of Objectives 1 ( regions where development is
lagging behind ), 5b ( development of rural areas ) and 5a

( adjustment of agricultural structures ) of the Structural
Funds, part-funding from the Community is available for
measures designed to safeguard the rural environment . This
may include the restoration and maintenance of farm
buildings and the collective improvement of the built rural
environment . For example, the single programming
document 1994 — 1999 for Northern Ireland, which is an
Objective 1 region, makes provision for this type of aid,
75 % part-funded by the Community .

The agri-environment programmes within Council
Regulation ( EEC ) No 2078 / 92 ( ! ) provide for support for
farming practices compatible with the maintenance of the
countryside and the landscape . In the United Kingdom this
includes aid for the maintenance of dry stone walls, notably
through the environmentally sensitive area ( ESA ) schemes .
The Community finances 50%, or in Objective 1 areas
75 %, of the cost of the agri-environment measures .

(') OJ No L 26, 31 . 1 . 1977 . (!) OJ No L 215, yj . 7 . 1992 .

( 2 ) COM(89 ) 647 — OJ No C 31, 9 . 2 . 1990 ; COM(91 ) 246 — OJ

No C 205, 6 . 8 . 1991 .

WRITTEN QUESTION E-3236 / 95

by Glyn Ford ( PSE )

to the Commission

(1 December 1995 )

WRITTEN QUESTION E-3238 / 95

by José García-Margallo y Marfil ( PPE )

to the Commission

(1 December 1995 )

( 96 / C 91 / 82 ) { 96 / C 91 / 83 )

Subject : Preservation of drystone walls as an essential

feature of the agricultural landscape in the United
Kingdom

Is the Commission to include the building and maintenance
of drystone walling in funding criteria to enable this
important aspect of the rural and agricultural landscape in
the United Kingdom to be preserved and advanced ?

Subject : Declaration of regions at a disadvantage due to

specific constraints

Crops in the municipal districts of Oropesa del, Mar,
Cabanes and Torreblanca in the province of Castellon

( Spain ) are being badly damaged as a result of the high level
of salt in the region 's aquifers due to sea encroachment . The

No C 91 / 48 EN Official Journal of the European Communities 27 . 3 . 96

Spanish Institute of Geology and Mining has described the
situation as irreversible, with analysis yielding results of
more than 2 grams per litre of chloride and electrical
conductivity above 3 to 4 milliohms per centimetre .

In view of this alarming situation, what type of aid will the
Commission provide to combat the negative effects of
salification in the above region ?

When will this aid be made available ?

Does the Commission intend to include the districts

concerned in the Community list of regions at a
disadvantage due to specific constraints ?

Answer given by Mr Fischler
on behalf of the Commission

( 20 December 1995 )

It is correct that a high soil salinity level is one of the
classification criteria adopted under Directive 86 / 466 / EEC
concerning the Community list of less-favoured farming
areas within the meaning of Directive 75 / 268 / EEC

( Spain ) I 1 ).

It is for the Spanish authorities, however, to judge whether
the levels observed are such that they wish to propose that
given areas be classified as less favoured within the meaning
of Directive 75 / 268 / EEC ( 2 ).

Pending such classification, farmers in the districts
concerned may, if they choose to participate in the relevant
programmes, receive aid under the agri-environment or
forestry programmes implemented in Spain as measures to
back up the reform of the common agricultural policy .

0 ) OJ No L 273, 24 . 9 . 1986 .

( 2 ) OJ No L 128, 19 . 5 . 1975 .

WRITTEN QUESTION E-3252 / 95

by Amedeo Amadeo ( NI )

to the Commission

(1 December 1995 )

{ 96 / C 91 / 84 )

Subject : Exercise of trade-union freedom at the
Commission

Although it has submitted a proper written request to
become party to the outline agreement governing relations
between the Commission and staff trade unions, A & D

( Action et Defense ), a European civil servants ' union
recently set up in Luxembourg, has never received an official
written reply .

More seriously, Mr Ralf Dreyer, head of the unit in DG IX
responsible for relations with the unions, wrote to the
A & D General Secretary on 26 October 1995 to inform him
that organizations which had not signed the outline
agreement were prohibited from distributing information
material on Commission premises .

Article 24a of the Staff Regulations clearly states that
European civil servants have the right to join trade unions or
professional associations .

The attitude of the Directorate-General for Personnel

appears incomprehensible in the light of the above
provision .

Can the Commission say when it will act to put a stop to the
discrimination being meted out to the new union ?

Answer given by Mr Liikanen

on behalf of the Commission

(9 January 1996 )

On 9 October 1995, the Action et Defense trade union,
which was set up in Luxembourg in that year, asked to
become party to the outline agreement governing relations
between the Commission and trade unions and staff

associations . As a new organization, the union 's credentials
were examined and on 31 October 1995 it was informed

that it did not currently satisfy the criterion laid down in
Chapter 1, paragraph 2 of the agreement, but that the
situation could be reviewed at the time of the next staff

committee elections .

Under Article 21 of the outline agreement the Commission
allows the Staff Committee and the trade unions and staff

associations that are parties to the agreement to use the
Commission 's information distribution facilities . There is

no mention of organizations which are not parties to the
agreement and therefore no obligation to allow them to use
the facilities .

Nonetheless, the Commission is currently considering under
what conditions it may allow organizations not covered by
the agreement to make use of its information distribution
facilities for activities that do not qualify as public service
activities as laid down in the agreement .

Once a decision is taken the organizations concerned will be
notified accordingly .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 49

WRITTEN QUESTION E-3254 / 95

by Amedeo Amadeo ( NI )

to the Commission

(1 December 1995 )

( 96 / C 91 / 85 )

in Kigali . Information received by the Commission would
suggest that the missionary 's release is imminent .

WRITTEN QUESTION E-3255 / 95

by Amedeo Amadeo ( NI )
Subject : Human rights to the Commission

(1 December 1995 )

Since June 1995, when he was arrested by T utsi soldiers who ( 96 / C 91 / 86 )
accused him of showing favouritism to the Hutu, Father
Isaia Bellomi, a member of the religious community based in
Treviglio ( Bergamo province ), has been held prisoner in Subject : Preventive distillation of wine
Rwanda .

The Secretary at the Italian Embassy in Kampala has made
several requests to the Tutsi Government to specify the
crimes with which Father Bellomi has apparently been
charged, but the Government has refused to do so .

As a result, the missionary is not only still awaiting trial after
five months, but he does not even know what formal charges
he will be called upon to answer .

Will the Commission, which has such a keen regard for the
defence of democracy and human rights, use its good offices
in obtaining information from the Tutsi Government and,
pursuing relations founded on cooperation, however
fraught with difficulty these may be, take an active part in
the attempt to resolve this very serious case ?

Answer given by Mr Pinheiro

on behalf of the Commission

( 26 January 1996 )

The Commission has never lost sight of the problems facing
prisoners in Rwanda and is playing an active role in judicial
and human rights issues in the country .

The issue has been the subject of representations on several
occasions .

When accompanying missions by the troika or, more
directly, during DG VIII 's high-level mission in July 1995,
the Commission has raised the matter of prisoners and their
conditions with the Rwandan authorities .

The Commission 's interest in the subject is borne out by its
participation in the UN observer mission and other schemes
to rebuild the judicial system and by its considerable
contribution to the work of the international tribunal .

With regard to Father Bellomi, who is accused of acts in
connection with the genocide of April 1994, he was allowed
to stay at home in Kubungo and then at the Italian consulate

In the first half of October 1995 the Commission

announced that 6,3 million hectolitres of wine would be
subject this year to the preventive distillation arrangements .
Out of that total, 3,8 million hectolitres would be accounted
for by Italy, 800 000 by France, 800 000 by Spain, and
400 000 by Portugal .

It is common knowledge that distillation is a technical term,
a euphemism for destruction of wine by means of its
conversion into alcohol, and ' preventive ' means that the
wine is destroyed in advance, before any attempt is made to
market it : no sooner has the grape harvest been gathered in
than the destruction starts ! The cost of the operation in

1995 will be ECU 100 million ( approximately Lit 200
billion ), the consequences will be harmful from the
ecological point of view, and the only endproduct will be
useless alcohol that will be sold at a loss wherever in the

world it can be disposed of .

Further distillation will be carried out in months to

come .

Succumbing to the fashion for ' free-trade areas ', the
institutions are promising to throw open the European
market, quite without restrictions, to agricultural produce
from a growing number of ( nearby or distant ) third
countries . In so doing they are aggravating and exacerbating
the problems of European agriculture and even running the
risk of upheavals that would be occasioned if a large part of
the sector were to disappear .

Will the Commission therefore submit a plan at an early date
with a view to reforming preventive distillation of wine and
curbing the unfortunate effects resulting from excessive use
of the arrangements ?

Answer given by Mr Fischler
on behalf of the Commission

( 19 December 1995 )

Preventive distillation is one of the options open to the
Commission for regulating wine production, its purpose
being to prevent prices being depressed by a glut of cheap
wine on the market early in the season . The distillation price
is set at 65 % of the guide price, with the additional aim of
getting rid of poor wine and hence improving the position of
higher-quality varieties .

No C 91 / 50 EN Official Journal of the European Communities 27 . 3 . 96

For the 1995 / 96 marketing year the decision was taken to
allow preventive distillation of up to 6,3 million hectolitres .
In the event prices have held firm this year and the harvest
was down, so it is expected that no more than 4 million
hectolitres will be subject to these arrangements, as against
5,5 million hectolitres last season, and there should be no
compulsory distillation at all .

Regarding the opening up of the Community market to
wines from non-member countries under ' free-trade

agreements ', notably the GATT agreements, it is important
to realize that this in no way affects the Community 's export
trade . In 1994 the Community exported 11,7 million
hectolitres of wine and imported 2,7 million hectolitres . The
import / export ratio was therefore 23 %, the average for the
years 1990 / 91—1993 / 94 being 34% .

It is also worth pointing out that the Community 's imports
of wine average just 2% of internal production .

As regards reform of the preventive distillation
arrangements, the Commission would remind the
Honourable Member that on 11 May 1994 it submitted a
proposal to the Council for a reform of the whole common
organization of the market in wine . As part of the proposal,
a system of voluntary distillation would replace the existing
preventive and support distillation schemes . Distillation
would take place at the start of the season and would be
intended purely as a means of dealing with cyclical
oversupply . Parliament has already returned an opinion on
the draft legislation and, while putting forward suggestions
on a number of other aspects, took no exception to the
Commission 's approach on distillation .

WRITTEN QUESTION E-3259 / 95

by Johanna Maij-Weggen ( PPE )

to the Commission

(1 December 1995 )

96 / C 91 / 87 )

Subject : Flood Action Plan in Bangladesh

1 . Is the Commission aware that parts of the Flood
Action Plan in Bangladesh are being severly criticized by
local people because the socio-economic position of millions
of people is allegedly being damaged and because the
adverse impact on the environment is far greater than
anticipated ?

2 . What are the findings of the studies of environmental
impact and participation by the local people commissioned
by the European Union, and how are these findings being
used in the further planning ?

3 . Does the Commission agree with the recommendation
by NGOs in Bangladesh that a fresh independent study
should be carried out before Stage 2 of the FAP begins ?

4 . Will the Commission ensure that NGOs, as advocates
of the cause of the people of Bangladesh, are assigned a full
role in the forthcoming donor conference ?

5 . Will the Commission support a national debate on an
integrated water management model, in accordance with
one of the UNDP 's recommendations ?

6 . Will the Commission await the debate in the

Bangladesh Parliament before cooperating over Stage 2 of
the FAP ?

7 . How does the Commission see its future involvement

in the FAP in the light of the persistent criticisms, the various
critical evaluation reports and the opposition in broad
sections of the population ?

Answer given by Mr Marin
on behalf of the Commission

( 11 January 1996 )

1 . The Commission is aware of the reports in the media .
The flood action plan ( FAP ) projects implemented by the
Community have been confined to coastal embankment
rehabilitation and general surveys . There have been no
reports of adverse effects on the environment from projects
implemented by the Community .

2 . Within the FAP the Commission has started detailed

studies, including environmental impact assessments, and
results will be available in 1996 / 97 .

3 . The Commission understands the FAP to be a

continuous, rather than a strictly-phased, process for
planning, programming and identifying development
options . In accordance with normal practices, the
Commission will satisfy itself that the environmental and
other aims are achieved before it agrees to provide further
financial assistance in the water-resources sector .

4 . The non-governmental organizations ' ( NGOs )
participation in the Fourth FAP conference was limited to
the inaugural session . However, the Commission agrees that
the role of NGOs should be more extensive in future

meetings .

5 . The Commission has applied the concept of integrated
water-management in the past, but is not aware of a specific
recommendation of the United Nations development
programme ( UNDP ) with respect to ' an integrated

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 51

water-management model '. If the need for a national debate
on the topic is generally perceived the Commission will
support it .

6 . The Bangladesh parliament is at present dissolved . It is
expected, however, that the new parliament will discuss the
planning process in the water sector . The Commission
considers it important that the parliament discuss the
controversial issues before a decision on further Community
financing on FAP is taken .

7 . The Government of Bangladesh has declared that
there should be extensive public participation and
consultation in connection with FAP . The Commission is

certainly aware of the importance of this issue and will
consider further Community financing only if it is satisfied
that the social, environmental and economic objectives are
duly considered .

8 . The Commission has supported an alternative,
community-based disaster management approach,
modelled to reduce dependency on relief activities during
severe flooding . The project has been implemented in
Northern Bangladesh and has effectively reached 600 000
people in 1995 . It has been implemented by a
well-established local NGO, the Rangpur Dinaipur rural
service ( RDRS ).

With this support the Commission has actively contributed
to a comprehensive approach for future development of the
flood action plan along the lines expressed by the
Honourable Member . The Commission expects support to
this programme to continue into 1996 .

consolidate the peace process, one of the Malian
government 's most immediate priorities, have added to the
projects already under way in the region, projects that have
continued without interruption in spite of the often difficult
conditions . The latest schemes concern :

— the social sectors, in the shape of a project to restore

classrooms in the Gao region and another to rehabilitate
health centres in the three northern regions ;

— support for measures aimed at generating or reviving

economic activity, with a microprojects programme, a
livestock project and an SME support project : the latter
includes a special fund for the north targeted on two
groups, namely refugees returning to Mali and
ex-combatants willing and able to return to civilian
life .

All these schemes are aimed at improving incomes and living
conditions in the region, so helping refugees return to their
homes and consolidate peace in the north . They could soon
be joined by new schemes pursuing similar objectives in
other sectors . The setting-up of a monitoring unit for the
north will help ensure that the various schemes under way
are consistent and complementary and — now that some
calm has been restored — that new needs can be

identified .

WRITTEN QUESTION E-3269 / 95

WRITTEN QUESTION E-3265 / 95 by Karl Schweitzer ( NI )

by Jesús Cabezón Alonso ( PSE ) to the Commission

and Josep Pons Grau ( PSE )

to the Commission

(6 December 1995 )

( 961 C 91 / 88 )

Subject : Aid to Mali

(6 December 1995 )

( 96 / C 91 / 89 )

Subject : Water management construction project

What economic and political contribution has the European At the Committee on the Environment, Public Health and
Union made to the process of consolidating peace in Mali Consumer Protection 's meeting of 7 September 1995, the
and, more specifically, what contribution has it made to the Spanish Minister for the Environment and President on the
process of normalizing the army and the police and to the Council, Jose Borrel Fontanelles, stated that Article 130s of
return of the refugees ? the ( EC ) Treaty established the principle that water

resources should be shared within the EU, an objective Spain
wished to achieve by means of a trans-European water
network .
Answer given by Mr Pinheiro

on behalf of the Commission

( 25 January 1996 ) At its meeting of 31 October 1995, the Committee on
External Economic Relations unanimously adopted a
motion for a resolution on economic and trade relations

The Commission is far and away the main development between the European Union and the countries of the
partner in northern Mali . Recent decisions aimed at helping Mediterranean basin, which was adopted by the European

No C 91 / 52 EN Official Journal of the European Communities 27 . 3 . 96

Parliament in plenary on 17 November 1995 ( Doc .
A4-0271 / 95 ). Paragraph 18 of the resolution reads :

' it will be necessary to promote the transfer and
transport of water from the countries of northern
Europe with a surplus to those of the Mediterranean
basin which require it ; thus supports the construction of
transport systems with low energy consumption to
transfer water to drought areas '.

1 . Does the Commission plan to transfer water from
northern to southern European countries ?

2 . If so, approximately what volume of water does the
Commission consider should be transferred per

annum ?

3 . Does the Commission already have any estimates as to
the financial cost of constructing trans-European water
networks ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 10 January 1996 )

The Commission has no plans for water transfer from
northern to southern Member States . Furthermore, any
measures concerning the quantitative management of water
resources would require unanimity in Council ( Article 130s,
paragraph ( 2 ) of the EC Treaty ).

WRITTEN QUESTION E-32 72 / 95

by Richard Balfe ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 91 / 90 )

Subject : Protocol to the 1963 ( EEC)-Turkey Association
Agreement — Spain and Portugal

When was the protocol to the agreement establishing an
association between the Community and Turkey
consequent on Spain and Portugal 's accession to the
Community signed by Spain, Portugal, the other Member
States, the Council and Turkey ? When did Spain and
Portugal ratify this protocol and notify the other
Contracting Parties of their ratification ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 30 January 1996 )

The protocol to the agreement establishing an association
agreement between the Community and Turkey consequent
to the accession of Spain and Portugal was signed by Spain,
Portugal and the other Member States, by the Council and
Turkey on 23 July 1987 . Portugal and Spain have not yet
ratified the protocol which has therefore not yet been
notified .

WRITTEN QUESTION E-3273 / 95

by Richard Balfe ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 91 / 91 )

Subject : 1963 ( EEC)-Turkey Association Agreement —
Sweden, Finland and Austria

With reference to an earlier Written Question

( E-2550 / 95 ) ( ] ), concerning the application of the

( EEC)-Turkey Association Agreement of 1963 in the three
new Member States, it would appear from the reply that the
necessary ratification procedures in each Member State
could take several years and may not be completed before
the end of this century .

1 . Can the Commission confirm that as long as the
necessary ratification procedures are pending, Turkish
workers in Austria, Finland and Sweden cannot lay
claim to certain rights, especially those concerning
residence and access to the labour market, which are
enjoyed by their compatriots in other Member
States ?

2 . Bearing in mind inter alia the principle of acceptance of
the ' acquis communautaire ' by the new Member States,
the aim of setting up the internal market by
31 December 1992 as stipulated in Article 7a of the EC
Treaty, and the Commission 's position of equating the
internal market with a national market ( 2 ), does the
Commission not consider as an anomaly, if not an
outright contradiction, the fact that there is a sort of
two-tier European Union as far as Turkish workers are
concerned ?

3 . What does the Commission intend to do or what can it

do to ensure that Turkish workers and their families in

the new Member States enjoy the same rights as their
compatriots established in the other Member States ?

(•) OJ No C 340, 18 . 12 . 1995, p . 43 .

( 2 ) SEC(92 ) 877 final .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 53

WRITTEN QUESTION E-3274 / 95

by Richard Balfe ( PSE )

WRITTEN QUESTION E-3278 / 95

by Johanna Maij-Weggen ( PPE )

to the Commission to the Commission

(6 December 1995 ) (6 December 1995 )

( 96 / C 91 / 92 ) ( 96 / C 91 / 93 )

Subject : 1963 ( EEC)-Turkey Association Agreement —
Sweden, Finland and Austria

As a follow-up to my question P-2544 / 95 ( ] ), can the
Commission confirm that following the notification by the
Greek Government to the other Contracting Parties of its
ratification, on 10 November 1994, of the protocol to the
agreement establishing an association between the
Community and Turkey consequent on Greece 's accession
to the Community, Turkish workers who are legally residing
in Greece benefit from the more favourable provisions
concerning inter alia the right of residence and the right to
work which are contained in Decisions 2 / 76 and 1 / 80 of the

Association Council established by the Association
Agreement between the EEC and Turkey, of 19 September

Subject : Forced labour by prisoners in Myanmar

The Commission 's reply to my Written Question
E-2846 / 95 ( ! ) indicates that the Commission is aware of
Amnesty International 's report on the bad conditions under
which prisoners, including political prisoners, are used as
forced labour .

1 . What volume of goods is imported into the European

Union from Burma, and can the Commission guarantee
that they are not produced using forced labour ?

1980, on the development of the Association ?

2 . If no such guarantee can be given, will the Commission
(') OJ No C 326, 6 . 12 . 1995, p . 50 . take measures ? If so, what measures ?

(') OJ No C 9, 15 . 1 . 1996, p . 63 .

Joint answer to Written Questions

E-3273 / 95 and E-3274 / 95

given by Mr Van den Broek
on behalf of the Commission

( 17 January 1996 ) Answer given by Mr Marin
on behalf of the Commission

International agreements concluded by the Community,
and also the decisions adopted by the bodies set up by those
agreements, form an integral part of the corpus of
Community law — and hence of the Community acquis —
from the moment of their entry into force .

The Court of Justice has made this point on a number of
occasions, notably in the Demirel judgment (') of
30 September 1987 and the Sevince ruling ( 2 ) of
20 September 1990 .

Without prejudice to any specific transitional provisions
stipulated by the act of accession, the relevant international
agreements and also the decisions adopted by the bodies set
up by those agreements are binding on new Member States
from the moment of entry into force of the act of accession

( see for example Article 5 and Article 76(1 ) of the Act
concerning the conditions of accession of Austria, Finland
and Sweden ) ( 3 ) and their provisions may, where
appropriate, be directly applicable to private individuals .

0 ) Case 12 / 86, ECR 1987, page 3719 et seq .

( 2 ) Case C 192 / 89, ECR 1990, page 3497 et seq .

( 5 ) OJ No C 241, 29 . 8 . 1994 .

( 10 January 1996 )

1 . Overall dutiable exports from Myanmar to the
Community in 1993 ( last data available ) amounted to ECU
28 million . The most important product exported to the
Community was shrimps, followed by shirts, tropical
timber and oil seeds . These products are mainly produced by
joint ventures or the agricultural sector . It was not brought
to the attention of the Commission that forced labour is

used in joint ventures or the agricultural sector .

2 . The Commission has received a complaint under
Article 9 of the generalized system of preferences Regulation
( EC ) No 328 1 / 94 ( 1 ) regarding the use of forced labour in
Myanmar, especially in infrastructure and for military
purposes . This complaint is at present under
examination .

(') OJ No L 348, 31 . 12 . 1995 .

No C 91 / 54 EN Official Journal of the European Communities 27 . 3 . 96

WRITTEN QUESTION P-3279 / 95 Answer given by Mr Fischler
on behalf of the Commission

by Irene Soltwedel-Schafer ( V )

to the Commission ( 22 December 1995 )

(1 December 1995 )

( 96 / C 91 / 94 )

Subject : Promotion of ecological farming under the EU 's

Fourth Research Programme ( Agriculture and
Fisheries )

State-subsidized research projects are generally regarded as
an indicator or guideline concerning a desired economic
trend . At European level ecological farming represents less
than 3 % of agricultural production . The research projects
submitted under the Fourth EU Framework Programme for
Research in the field of Agriculture and Fisheries represent
less than 1 % ( less than 1 0 out of 937 projects ( see answer to
Written Question P-2627 / 95 ) (')).

1 . Does the Commission agree with me that the
information brochure 's lack of sectoral and specific
guidance, transparency and definition as regards
research projects on ecological farming are the main
reason for the small number of applications submitted ?
If not, why not ?

2 . What is the Commission 's assessment of the results of

the research projects submitted ? Does it think that 10
research projects on ecological farming is a satisfactory
number ?

3 . Does the Commission regard increasing the extent of
ecological farming as a priority ? If so, does it intend to
reflect this view by giving preferential support to reseach
projects on ecological farming ?

4 . In the interests of clarity, transparency, internal logic
and consistency, and of achieving the desired objectives
and identifying priorities, is it not important, indeed
essential, for the call for projects to be directed
principally, as with the Research Programme on Energy,
towards forms of production ( ecological farming,
integrated farming, traditional farming ), and only
secondarily towards primary production, processing,
marketing, effects of the CAP, employment etc ? Does
the Commission intend to make corrections to that

effect in the Fourth Framework Programme ? If not, why
not ?

5 . What specific steps does the Commission propose

1 . The Fair ( Agriculture and Fisheries, including
Agro-Industry, Food-Technologies, Forestry, Aquaculture
and Rural Development ; 1994 —1998 ) work programme
clearly refers to organic farming, in particular in programme
areas 4.1 ( common agricultural policy ), 4.2 ( quality ) and
4.3 ( diversification ).

The Commission would refer the Honourable Member to its

answer to his Written Question P-l 692 / 95 ( 1 ) where - it
explained that research projects may target a particular type
of farming or may deal with generic agricultural techniques .
Projects that concentrate on a specific type of farming, such
as organic farming, would either investigate aspects that are
specific to that system or might investigate the complete
system ( e.g. the crop rotation within the biological, technical
and commercial framework of the farm ) in an integrated
and holistic manner . Projects that deal with agricultural
techniques ( e.g. reduced soil tillage, non-chemical weed
control, symbiosis between crop plants and microorganisms
that substitute fertilizers ) would be relevant to several types
of farming .

The number of research projects that explicitly refer to
organic farming is therefore not an accurate measure of the
total amount of research of relevance to organic farming
which takes place . It is necessary to add other projects which
aim to benefit low-input farming as a whole .

2 . The answer to Written Question 1692 / 95 also
explained that the specific agricultural research
programmes Fair, Air ( Agriculture and Agro-industry,
including Fisheries ; 1991 — 1994 ) and Camar

( Competitiveness of Agriculture and Management of
Agricultural Resources ; 1989 — 1993 ), all part of the
Community research and technological development
framework programmes, provide financial support for
research on various aspects of organic farming . In Camar
and Air a number of good research proposals were received
on different aspects of organic farming .

3 . The Commission favours organic farming in order to
further the objectives of the common agricultural policy
concerning the rural environment, product quality, rural
development and avoidance of production surpluses .

taking to bring about a significant increase in the 4 . For the subject headings ' processing ', ' marketing ',
number of research projects submitted which relate to ' common agricultural policy impact ' and ' employment ',
ecological farming ? much of the technology that will be developed under Fair

should be useful both for products originating from organic
farming and from other types of agriculture . The situation
(') OJ No C 48, 19 . 2 . 1996, p . 17 . for primary production is detailed under ( 1 ) above .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 55

5 . To supplement the aspects of organic farming covered
by the existing projects described above, the quality aspect
of organic farming products has been highlighted in area 4.2
of the Fair work programme .

Research on aspects of the market for quality products of
organic farming and on the authenticity of organic farming
products are specially targeted in Area 4.2 of Fair . These
aspects of organic farming are important because they relate
to Council Regulation ( EEC ) No 2092 / 91 ( 2 ) on organic
production of agricultural products and on indications
referring thereto on agricultural products and foodstuffs,
and because organic farming depends on the trust of
the consumers in the quality and authenticity of the
products .

(') OJ No C 270, 16 . 10 . 1995 .

( 2 ) OJ No L 198, 22 . 7 . 1991 .

WRITTEN QUESTION E-3282 / 95

by Hilde Hawlicek ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 91 / 95 )

Subject : Participation of the countries of central and

eastern Europe in the ' Socrates ', ' Leonardo ' and
' Youth for Europe ' programmes

As regards the participation of the associated countries of
central and eastern Europe in Community programmes in
the spheres of general culture ( Socrates ), professional
training ( Leonardo ) and youth ( Youth For Europe ), it is
both necessary and important that the citizens of the
countries of central and eastern Europe should participate in
such programmes, particularly in view of Austria 's
experience with eastern Europe over many years .

Will the Commission say, as regards the necessary

preparatory measures :

What kind of information is available in the countries

concerned ? What arrangements exist concerning financial
participation ? Is there any provision for financial aid, even
outside the Phare programme ?

Is any specialist aid available to support the construction of
the national structures which are a prerequisite for
participation in this programme ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 17 January 1996 )

the Europe Agreements with Bulgaria, the Czech Republic,
Hungary, Poland, Romania and Slovakia, it has provided
the six central European countries concerned with general
and preparatory information on all the programmes covered
by the said protocols .

With regard to the Leonardo, Socrates and Youth for
Europe III programmes, information meetings on the
content of these new programmes were held in Brussels in
June 1995 and were attended by representatives of the six
central European countries concerned . Further information
meetings for the Baltic countries and Slovenia were held in
September 1995 .

Community back-up for the measures intended to prepare
the associated central European countries for their future
participation in the programmes has been made available to
them from budget heading B-7 633 to which ECU
9 940 000 was allocated in 1995 . These measures include

information meetings on the various elements of the
programmes concerned, study visits for decision-makers in
the fields of education, vocational training and youth, the
dispatch of documents and guides, setting up the
arrangements at national level that are needed to operate the
programmes and training seminars for those responsible for
administering the arrangements . These preparatory
measures constitute an essential element of the strategy
aimed at enabling the countries in question to participate
efficiently and effectively, that will be put into operation in
stages in 1996 and 1997 .

WRITTEN QUESTION E-3283 / 95

by Hilde Hawlicek ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 91 / 96 )

Subject : Cooperation with the Council of Europe in the

field of education

The documents concerning cooperation with the Council of
Europe focus on the following :

— the institutional asymmetry of the institutions ;

— cooperation which also brings benefits to the EU ;

— joint actions ( conferences, pupils ' competitions, a
foreign language centre in Graz, etc .);

— the Council of Europe 's ' lead ' in the field of educational

research .

Have practical proposals already been put forward for joint
As from July 1994, when the Commission was issued with actions ? What kind of cooperation is envisaged in
Directives authorizing it to negotiate additional protocols to connection with the foreign language centre in Graz ?

No C 91 / 56 EN Official Journal of the European Communities 27 . 3 . 96

Answer given by Mrs Cresson possible to identify separately the cost of the restaurant

on behalf of the Commission economat service operated by the Commission under these

( 19 January 1996 ) headings . Similarly, the original cost of equipping these
locations is not identifiable .

The Commission is sending the document in question
directly to the Honourable Member and to the
Secretariat-General of the European Parliament . It is an
information document prepared by the Commission at the
request of the Council 's Education Committee .

On examining the document, the Education Committee
gave its approval to the pragmatic approach of cooperation
on specific matters as pursued by the Commission in its
relations with the Council of Europe on the subject of
education .

The document refers to existing areas of cooperation,
including the European Schools Day and the Eudised
database, as well as the possible joint initiatives to be
launched in 1996 and implemented in 1997, such as
European conferences on secondary education and language
teaching .

Referring more specifically to the language centre in Graz,
the Commission draws the Honourable Member 's attention

to the fact that this centre did not become operational until

1995, under a Council of Europe partial agreement to which
at the moment only a limited number of Community
Member States have subscribed .

Nevertheless, the Commission is in the process of examining
the potential scope for cooperation, together with the
management of the centre and the Council of Europe 's
education directorate .

WRITTEN QUESTION E-3285 / 95

WRITTEN QUESTION E-3288 / 95

by Joan Vallvé ( ELDR )

to the Commission

(9 December 1995 )

However, the cost of the identifiable budget lines dedicated
to the operation of the services in Brussels is as follows :

( in ECU )

Heading Description 1995

Operational costs Budget lines AO 1400,

1401, 1402 ( includes cost
of materials, crockery,
cleaning products, repairs,
maintenance ) 1 106 000

Personnel costs Operational ( 60 officials ) 2 426 000

Administrative

( 20 officials ) 970 000

Total budget cost 4 502 000

Total operating

cost

Budget + food + internal
and external personnel 24 470 797

Client payment Cash receipts 19 968 797

Subsidy as % total

cost

Budget cost / total cost

18%

by Glyn Ford ( PSE )

to the Commission ( 96 / C 91 / 98 )

(6 December 1995 )

( 96 / C 91 / 97 )

Subject : Measures to eliminate and monitor the growth of

Subject : Varying prices in the canteens of the European carpobrotus edulis in Minorca, Balearic Islands

institutions

In view of the sharply varying prices in the canteens of the
European institutions, can you give details of the level of
subsidies provide by your institution ?

Answer given by Mr Liikanen

on behalf of the Commission

( 15 January 1996 )

Carpobrotus edulis, a plant species originating in southern
Africa, is spreading at a worrying rate in the island of
Minorca . This plant possesses an extraordinary resistance to
salinity and drought, and hence an adaptability which
enables it to compete successfully with native plants . As a
result, it poses a considerable danger to the local flora of the
Balearic Islands .

The Council for Agriculture and Fisheries of the
Given that certain costs such as rent, light, heat and Government of the Balearic Islands compiled a report in
electricity are included in global budget lines, it is not April 1993 which noted the serious impact of this species —

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 57

which was introduced into Europe for ornamental purposes
in parks and gardens because of its rapid growth rate and
ability to provide ground cover — on certain coastal areas of
northern Minorca such as Cap Favaritx and Sa Mesquida,
where it already covered an area of more than 3 000 m 2 .

Carpobrotus edulis is a hanging and creeping plant which
spreads at ground level, covering and stifling the plants it
encounters as it spreads . In these areas, carpobrotus edulis
has become a dangerous competitor to species indigenous to
the Balearic Islands ( many of which are specifically
protected by Directive 92 / 43 / EEC (')). It should be recalled
that in 1993 Unesco declared Minorca a natural biosphere
reserve because of its ecological richness and diversity .

The extraordinary adaptability of this invasive plant, which
can be borne on the swell of the waves and colonize new

areas, may lead to serious changes in the ecosystems of the
shores of the Balearic archipelago . Teams of scientists from
the universities of the Balearic Islands and Barcelona have

recommended that it be eradicated because of the dangers
referred to above .

Is the Commission aware of this phenomenon and does it
plan to take any measures to deal with it ?

(') OJ No L 206, 22 . 7 . 1992, p . 7 .

Answer given by Mr Fischler
on behalf of the Commission

( 19 January 1996 )

The Commission is aware of the harmful effects of the

spread of the exotic plant species Carpobrotus edulis for
certain endemic plant species listed in Annex II to Directive
92 / 43 / EEC on the conservation of natural habitats and of

wild flora and fauna .

The Commission knows of the measures taken by the
regional authorities, i.e. the study undertaken to assess the
scope of the problem prior to drawing up a plan of action,
which is now being implemented, to eradicate the invasive
plant from the areas affected .

In view of the importance which the problem could have for
other coastal areas in the south of the Community, the
Commission wishes to draw the Honourable Member 's

attention to the financial aid available for research as part of
the FAIR agriculture and fisheries research programme for

1994 — 1998 under the fourth Community framework
programme for research and technological development

( RTD ).

The FAIR programme covers the conservation and
improvement of the genetic heritage and biodiversity of
crops and wild plants and also the development of practices

which promote greater protection of environmental features
such as the countryside . A third call for proposals was
published on 15 December 1 995 ( 1 ) .

(') OJ No C 337, 15 . 12 . 1995 .

WRITTEN QUESTION P-3297 / 95

by Ernesto Caccavale ( UPE )

to the Commission

(1 December 1995 )

( 96 / C 91 / 99 )

Subject : Transparency in the management of Community

funds

In Italy Community funds can be administered by
unrecognized private associations which are
nonprofit-making and which are not required by law to
publish annual accounts .

1 . Does the Commission not consider that these

associations should be required to publish annual
accounts, in the interests of the transparency and
efficiency of Community aid ?

2 . Does the Commission not also consider that the Italian

ministries responsible for finance and public services
should be asked to exercise greater control over the
activities, structure and financial situation of these

associations ?

Answer given by Mrs Gradin
on behalf of the Commission

( 11 January 1996 )

As a general rule, the global subsidies are managed —
regarding the Community Structural Funds — by an
intermediary designated by the Member State in agreement
with the Commission . The Commission must therefore

ensure that this intermediary offers the necessary guarantees
as regards the regularity and legality of its management as
well as the application of the principles of sound financial

management .

As regards the management of funds of the European
Agricultural Guidance and Guarantee Fund, Guarantee
Section ( common market organization ), it is decentralized
and delegated to paying agencies ( public ) authorized by the
Member States . Therefore, the expenditure is executed by

No C 91 / 58 EN Official Journal of the European Communities 27 . 3 . 96

the services and agencies that the Member States have
accredited for this purpose . The quality of the management
of the paying agencies is verified through the clearance of
accounts procedure by the Commission .

In addition, Article 209 A of the Treaty requires that
Member States take the same measures to counter fraud

affecting the financial interests of the Community as they
take to counter fraud affecting their own financial interests .
The Convention with respect to the protection of the
financial interests of the Community was signed this
summer ('). It has made fraud against the Community
budget a criminal offence in all Member States .

Finally, it should be noted that in the framework of phase 3
of its initiative aimed at improving financial management,
the Commission is examining with Member States what
measures might be appropriate to improve their
management of Community funds, given that 80 % of the
Community budget is managed in and by the Member
States .

The Madrid Summit of 15 / 16 December 1995 called upon
the Member States and the institutions to adopt the
necessary measures to ensure an equivalent level of
protection throughout the Community and in the
Community budget and the European development fund as
a whole .

(') OJ No C 316, 27 . 11 . 1995 .

What percentages of the total number of potential
participants ultimately made use of this franchise ?

Answer given by Mr Monti
on behalf of the Commission

( 16 January 1 996 )

The Commission is currently collecting from Member States
the statistical information about the number of Union

citizens who exercised their right to vote and to stand as a
candidate in their Member State of residence during the June

1994 Parliament elections .

This information as well as all other aspects of the
application of Council Directive 93 / 109 / EC (') which lays
down detailed arrangements for the exercise of such rights,
will be contained in a report that the Commission will
present, in the near future, to the Parliament and to the
Council on the application of the abovementioned Directive
in the June 1994 Parliament elections .

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

WRITTEN QUESTION P-3317 / 95

by Isidoro Sánchez García ( ARE )

to the Commission

(6 December 1995 )

WRITTEN QUESTION E-3314 / 95 { 96 / C 91 / 101 )

by Frank Vanhecke ( NI )

to the Commission

(9 December 1995 )

( 96 / C 91 / 100 )

Subject : Participation by European citizens in elections to

the European Parliament in Member States of
which they are not nationals

In the European elections of 12 June 1994, citizens of the
European Member States were for the first time permitted to
participate in the elections in the Member State where they
were currently resident, even if they were not nationals of
that country .

The Commission 's representatives, among other people,
constantly presented this new option as complying with the
wishes of many European citizens .

Does the Commission have figures on the exact number of
citizens who made use of this option in the various Member
States, if possible broken down by original nationality ?

Subject : 1996 Intergovernmental Conference : Permanent

Statute for the Canary Islands within the Union

In connection with the forthcoming review of the Union
Treaty, the Canary Islands have indicated a desire to see a
Permanent Statute included in the Treaty which would
enable the region to consolidate special arrangements within
the Union appropriate to the particular features and
circumstances to which it is subject as a consequence of its
remote location and isolation . The establishment of such a

Permanent Statute in the Treaty would serve as a foundation
for a modulated, differentiated application of Community
policies in various areas .

Can the Commission say whether the drafting of such a
Statute and its incorporation in the Treaty have been
included by the Spanish Presidency, as part of the
preparations for the 1996 Intergovernmental Conference,
among the topics for discussion ?

If so, what is the current position and what are the Council 's
impressions and expectations in this connection ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 59

Answer given by Mr Santer
on behalf of the Commission

WRITTEN QUESTION E-3331 / 95

by Ria Oomen-Ruiiten ( PPE )
( 11 January 1 996 ) to the Commission

( 13 December 1995 )

The Commission considers that the approach of the ( 96 / C 91 / 103
European Union to the remote regions should be
consolidated, amplified and clarified .

The question was raised in the Reflection Group preparing
for the 1996 Intergovernmental Conference . The
Commission is examining the possibility of writing a
provision into the Treaty allowing for special support
arrangements, £ or these regions when the point is raised at
the Conference .

Subject : Unclear use of language by the Commission

1 . Is the Commission aware that an advertisement

concerning the Alfa programme has appeared in Dutch
newspapers in which the word ' sollicitatie ' ( application ) is
used instead of ' Call for Tender ', which could cause
confusion and result in replies from private individuals who
will not ultimately be eligible ?

2 . Will the Commission correct this linguistic error ?
WRITTEN QUESTION E-3325 / 95

by Jesús Cabezón Alonso ( PSE )

to the Commission

Answer given by Mr Marin
( 13 December 1995 ) on behalf of the Commission

( 96 / C 91 / 102 ) ( 24 January 1996 )

Subject : San José talks

How does the Commission think the presence and
involvement of and dialogue with non-governmental
organizations in the forthcoming San Jose meeting could be
encouraged and brought about, so that the San Jose talks do
not remain restricted to the intergovernmental sphere ?

1 . The Commission recognizes that the use of the term
' applications ' in the different language versions of the
notices published for the purposes of the Alfa programme is
vague and may have raised false expectations .

2 . The Commission has already taken steps to ensure
that future notices give details of the nature of the projects
and those eligible to take part in the Alfa programme .

Answer given by Mr Marin
on behalf of the Commission

(8 January 1996 )

There has so far been no decision by the dialogue partners
to open up the ministerial meeting proper to
non-governmental organizations, though the issue was
discussed during the week of talks on the future of the
dialogue organized in May 1995 in San Jose by the Institute
for Europe-Latin America Relations .

The Commission does not rule out the possibility of raising
the question in discussions on the future of the dialogue
during the San Jose XII meeting .

As a means to revitalize the institutional framework of

relations between the two regions, the Commission has
proposed, in its recent communication to the Council ( ] ),
that ' there must be greater involvement of civil society in the
work of the European Community-Central America Joint
Committee ', through consultation machinery to be
defined .

(') COM(95 ) 600 .

WRITTEN QUESTION P-3332 / 95

by Edith Miijler ( V )

to the Commission

(6 December 1995 )

( 96 / C 91 / 104 )

Subject : China — possible death sentence on the
non-violent political prisoner Wei Jingsheng

The well-known Chinese dissident Wei Jingsheng, who was
in the past detained for many years as a non-violent political
prisoner, was re-arrested in April 1994 after spending half a
year at liberty . He is now to be tried on a charge of
attempted subversion, an offence for which the maximum
penalty is death .

In view of the recent experience of the case of the Nigerian
Ken Saro-Wiwa and the fact that the number of executions

No C 91 / 60 EN Official Journal of the European Communities 27 . 3 . 96

in China has risen dramatically since 1990 ( in 1994 alone, Answer given by Mrs Bonino
Amnesty International learned of 2 496 death sentences and on behalf of the Commission

1 791 executions, while the actual figures were probably
much larger ), what will the Commission do to help to secure
justice for Wei Jingsheng or at the very least save his
life ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(9 January 1996 )

The Commission shares the Honourable Member 's concern

over the current treatment of Mr Wei Jingsheng . The latest
information, reporting his sentencing on 13 December 1995
to a 14-year prison term, confirms previous fears .

The European Union has regularly raised the issue of human
rights in China, both in the framework of its political
dialogue with China, and also more specifically, in the
human rights context . It intends to use all appropriate
means available within this context in the case of Mr Wei

Jingsheng .

The European Union is stressing the great importance it
attaches to Mr Wei Jingsheng 's right to all legal procedural
guarantees and to his being set free as soon as possible . The
Commission, for its part, is ready to back any specific steps
which the Union may consider appropriate vis-a-vis the
Chinese authorities .

(5 January 1996 )

Community law, in the form of Council Regulation ( EEC )
No 3699 / 93 of 21 December 1 993 ( 1 ), provides aid for the
definitive cessation of vessels ' fishing activities . Though
grants are higher for vessels that are scrapped, smaller grants
are available for vessels put to another use, e.g. for transport
purposes or as museum pieces .

In the light of these provisions, the issue was discussed when
the monitoring committee for the fisheries operational
programme met in Athens on 17 November . The
monitoring committee was apprised by its secretariat of a
request that a number of Greek fishing vessels satisfying
certain criteria in respect of age, traditional design and type
of fishing activity and constituting examples of traditional
Greek fishing be allowed to benefit from the level of support
normally available only if vessels are actually scrapped . The
Commission is considering to what extent the request is
admissible under the Regulation in question and will keep
the Honourable Member informed of any developments in
this matter .

(') OJ No L 346, 31 . 12 . 1993 .

WRITTEN QUESTION E-3429 / 95

by Martina Gredler ( ELDR )

to the Commission

( 18 December 1995 )
WRITTEN QUESTION P-3334 / 95

by Katerina Daskalaki ( UPE )

to the Commission

(6 December 1995 )

( 96 / C 91 / 105 )

Subject : Subsidies for the renewal of the fishing fleet — the

destruction of traditional boats

Payment of the Commission 's subsidy for the renewal of the
fishing fleet is conditional on, among other things, the
destruction of old fishing vessels .

The result is the destruction of traditional boats in Greece

and the disappearance of the art of wooden-ship building,
an art which flourished in the Mediterranean from the 18th

century .

Will the Commission modify the subsidy scheme in question
so that it does not harm this nautical part of our cultural
heritage ?

( 96 / C 91 / 106 )

Subject : Compulsory virus tests for foreign doctors

A committee of inquiry has proposed to the Irish Minister
for Health that a compulsory virus test be introduced for
foreign doctors wishing to practise in the Republic of
Ireland .

In which Member States are there such provisions ?

Are foreign doctors required to undergo these tests only
once or do they have to repeat the test following trips
abroad ?

What consequences are provided for should a doctor refuse
to undergo compulsory testing ?

Does the fact that these tests include an HIV test mean that

sexual behaviour is also being investigated ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 61

Answer given by Mr Monti
on behalf of the Commission

(7 February 1996 )

The Commission was not aware of the facts referred to by
the Honourable Member . It is investigating the matter with
the Member States and will inform the Honourable Member

of its findings .

WRITTEN QUESTION E-3431 / 95

by Martina Gredler ( ELDR )

to the Commission

( 18 December 1995 )

96 / C 91 / 107

Subject : Infringements of animal transport regulations

According to press reports, the number of infringements of
animal transport Regulations on Austrian roads, notably
the Brenner transit route through the Tyrol, is on the
increase . Whereas, prior to Austria 's accession to the EU,
rail transport accounted for the majority of animal
shipments through the Tyrol, road transport has now taken
over as the main form of transport . Spot-checks regularly
find cases of serious infringements of the provisions on the
maximum permissible duration of transport ( 24 hours
under Austrian regulations, 30 under the EC Directive ) and
of extremely distressing conditions for the animals . In spite
of the high penalties imposed by the Austrian authorities, it
has not been possible to keep the problem under control .
This is presumably because the risk of being ' caught ' is very
small, and on the other because the transport of animals for
slaughter is heavily subsidized from EU funds, so that fines
of S 25 000 to S 50 000 can be borne .

Is the Commission aware of the problem of cruel animal
shipments, which are presumably common-place in other
Member States also ? What measures does it intend to take to

tackle this intolerable situation ?

Does the Commission intend to prepare sanctions against
countries which do not carry out effective controls to
enforce compliance with animal transport Regulations ?

The primary responsibility for the enforcement of this
legislation rests with the Member States while the
Commission is responsible for ensuring, as far as possible,
the uniform application of the rules within the Community .
In cases where the Commission becomes aware that a

Directive is not being properly enforced by the authorities of
a Member State, the Commission intervenes with the
Member State concerned and, if the matter is not
satisfactorily resolved, the Commission may open the legal
procedure laid down in Article 169 of the EC Treaty which
can lead to the Member State concerned being brought
before the Court of Justice .

Article 8 of Council Directive 91 / 628 / EEC concerning the
protection of animals during transport, as last amended by
Directive 95 / 29 / EC, states that animal welfare inspections
must be carried out on an adequate sample of the animals
transported each year within each Member State and may be
carried out at the same time as checks for other

purposes .

The Member States have to submit an annual report to the
Commission stating the number of inspections carried out
including any details of any reported infringements and the
action taken by the competent authority . The Commission
will closely monitor these reports .

The Office of veterinary and phytosanitary inspection and
control ( OICVP ) is also currently carrying out a programme
of inspections within the Member States specifically aimed
at examining the practical implementation by those
Member States of the requirements of Community
legislation on animal transport . Any discrepancies noted as
a result of these inspections will be taken up with the
authorities of the Member States concerned and, if not
rectified, the Commission may take such further action as is
necessary including the opening of the Article 169
infringement procedure .

In order to increase the degree of protection for animals
transported to third countries, the Commission is currently
examining the further legal possibilities which could be
available to better ensure that Community exporters fully
respect the Community 's welfare provisions when they
transport animals to third countries .

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

WRITTEN QUESTION E-3435 / 95

Answer given by Mr Fischler
on behalf of the Commission

by Michl Ebner ( PPE )
( 16 January 1996 ) to the Commission

( 18 December 1995 )

Community legislation has been in force since 1974 ( 96 / C 91 / 108 )
concerning the protection of animals on farms, during
transport recently and adopted at the more time of comprehensive slaughter . The standards Council has for Subject : Recognition of surveyors ' qualifications at
livestock transport which Member States will be required to European level
transpose into their national legislation and fully apply by

1 January 1997 ( Directive 95 / 29 / EC ) 1 )).

Given

No C 91 / 62 EN Official Journal of the European Communities 27 . 3 . 96

— that the profession of surveyor in Italy is governed by the

following Italian laws : Article 7 of Law No 1395 / 23 ;
R.D. ( regulation on the profession of surveyor ); Law
No 144 / 49 ( governing rates of pay );

— that school education in Italy currently lasts five years

and that a two-year traineeship, or proof of five years '
work experience, is required after which a State Exam

( Law No 75 / 85 ) must be taken ;

— that the profession of surveyor in Italy covers a wide

range of areas of work requiring continual further
training ;

— that the Italian Parliament is currently considering two

draft laws ( Chamber of Deputies draft law No 2701 and
Senate draft law No 262 ) making a university degree a
prerequisite for admittance to the Register of
Surveyors ;

— that a number of Italian universities have, at the

recommendation of the Ministry, introduced
experimental courses within existing subjects

( infrastructure, construction, etc .) with financial
support from the Surveyors ' Fund pending recognition
of a university degree ;

— that similar courses leading to a university degree after

three years ' study have been approved for other
professions ( Law No 183 of 12 February 1992 ),

can the Commission say what action it intends to take to
ensure that the profession of surveyor is included in
Directive 89 / 48 / EEC ( 1 ), which is more suitable for the
nature of the profession of surveyor and to which surveyors
in other Member States are already subject, so that all those
practising this profession enjoy the same opportunities and
are not required to take additional exams as has hitherto
been the case ?

a particular profession depends entirely on the level of
training required . It remains the responsibility of the
Member States to determine the rules governing the
taking-up and pursuit of a regulated profession, and hence
the level of training required . Consequently, the
Commission is not able to influence which of the two

Directives will apply . Were the requirements for surveyors
in Italy to be changed such that they had to complete three
years ' higher education after obtaining an advanced level
school-leaving certificate, then the profession would be
covered by Directive 89 / 48 / EEC .

Both Directives are based on the principle that a Community
national who holds a qualification, awarded in a Member
State, which entitles him to take up and pursue a
professional activity in that Member State has the right to
obtain recognition for his qualification in order to pursue
the same activity elsewhere in the Community . The crucial
factor is the extent to which the activity for which he is fully
qualified in the home Member State is identical to that
which he wishes to pursue in the host Member State . The
Directives include provision for the host Member State to
stipulate that a migrant whose training differs substantially
from that which it requires for the profession in question
must make up any shortfall . This machinery, which may be
applied even where the migrant holds a qualification
covered by Directive 89 / 48 / EEC, provides a means of
reconciling the need for freedom of movement with the
principle of the Member States ' jurisdiction over regulated
professions . Its purpose is to make freedom of movement
possible even where different Member States ' training for
the same profession is not entirely equivalent .

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

WRITTEN QUESTION P-3445 / 95

(') OJ No L 19, 24 . 1 . 1989, p . 16 . by Fiorella Ghilardotti ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 91 / 109 )
Answer given by Mr Monti
on behalf of the Commission

( 17 January 1996 ) Subject : Internal Commission competition COM / B / 9 / 93

and equal opportunities

There are Community rules governing the mutual
recognition, by Member States, of qualifications required in
order to take up and pursue a regulated profession . For all
professions not covered by a sectoral Directive, the relevant
rules are contained either in Directive 89 / 48 / EEC on a

general system for the recognition of higher-education
diplomas awarded on completion of professional education
and training of at least three years ' duration or in Directive
92 / 51 / EEC (') on a second general system for the
recognition of professional education and training to
supplement the first . Italian surveyors ' qualifications are
covered by the second Directive . Which Directive applies to

Could the Commission explain why the Selection Board for
internal competition COM / B / 9 / 93 for promotion from
category C to category B was chaired by a member of the
Appointing Authority, whereas the guide to competitions
currently in use at the Commission recommends that a
selection board chairman should not at the same time be a

member of the Appointing Authority ? Could it also explain
why that same person was reconfirmed as a selection board
chairman, given his experience with internal competition
COM / B / 4 / 92, which was the subject of an appeal, and given
that the person who lodged the appeal was a candidate for
competition COM / B / 9 / 93 ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 63

The outcome of competition COM / B / 9 / 93 was that there
were only 37 successful candidates out of the 121 who had
passed the written test, despite the fact that there were 60
posts available . Does the Commission not think that the
mere cost, in financial and logistical terms, of organizing the
competition justifies re-opening the list of successful
candidates and extending it to enable the 60 posts to be
filled ? Could it explain why there should be so few
successful candidates by comparison with the number who
passed the written test ? Could all of this not suggest that the
outcome of the competition was determined on the basis of
partial, subjective criteria ?

Could the Commission provide reassurances regarding the
implementation of Directives 75 / 1 17 / EEC (') and
76 / 207 / EEC ( 2 ) on application of the principle of equal
treatment for men and women as regards access to
employment, vocational training and promotion, and
working conditions ? For example, have secretaries holding
a qualification equivalent to a school-leaving certificate the
same employment possibilities, based on the same criteria,
as the holders of a qualification of the same level in other
sections of the administration ?

Could the Commission say what action has been taken with
regard to the professional updating of category C under the
second Positive Action Programme ? In particular, has the
Commission received from the Directorate-General for

Personnel and from the administration a report on the
situation of C-grade staff containing proposals for specific
measures, as already stipulated in the PAP ? If so, what have
been, or what will be, the implications for this category ?

(') OJ No L 45, 19 . 2 . 1975, p . 19 .

( 2 ) OJ No L 39, 14 . 2 . 1976, p . 40 .

Answer given by Mr Liikanen

on behalf of the Commission

( 12 January 1996 )

The first part of the question reveals a misunderstanding
regarding the appointing authority . Under the Community
public service rules, the appointing authority is the
Commission, which can delegate certain matters of
personnel management to individual officials who are
qualified by their status . In this case a single individual
exercises these powers . Depending on the nature of the
decision to be taken, or the category it concerns, various
people may be involved ( the Member of the Commission
responsible for personnel matters, a Director-General,
Director or Head of Unit ). It is incorrect, therefore, to refer
to a member of the appointing authority .

In this particular case, the chairman of the selection board
for COM / B / 9 / 93 was not the appointing authority . The fact
that the chairman was a member of the Directorate-General

of Personnel and Administration in no way disqualifies her
from participation in selection boards . Under the Staff
Regulations members of boards carry out their duties
independently ; the administration and staff representatives
are scrupulous in ensuring their independence is
respected .

Neither the guides to selection boards nor any other
document exclude officials from the Directorate-General of

Personnel and Administration from being chairman or
member of a selection board .

The notice of competition COM / B / 9 / 93 provided that the
board would select a maximum of the 60 best candidates

who passed all the tests . In this instance the board found that
it could place only 37 names on the list of suitable
candidates . The work of the selection boards is confidential

and the board has sole authority to assess the candidates '
merits . Since the Commission is not aware of any factors
which would indicate an irregularity, it can only endorse the
board 's decision .

The Commission considers that its competitions policy is in
line with the Honourable Member 's wishes . Since a large
proportion of staff in Category C are women,
cross-category competitions offer them additional
opportunities to enter Category B. This is confirmed by the
outcome of the COM / B / 9 / 93 competition, where 36 of the
37 successful candidates were women .

The Commission is well aware of the specific problems of
Category C staff . Proposals for measures will shortly be
presented to the Commission on the basis of the report on
the situation of Category C staff to which the Honourable
Member refers .

WRITTEN QUESTION E-3457 / 95

by Anita Pollack ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 91 / 110 )

Subject : Nepal

Now that the Cooperation Agreement between the EU and
Nepal has been signed, does the Commission agree the time
has come to fulfil Parliament 's long-standing request for a
proper EU delegation office to be set up in Katmandu to
facilitate relations between the EU and Nepal and also
SAARC ?

No C 91 / 64 EN Official Journal of the European Communities 27 . 3 . 96

Answer given by Mr Marin
on behalf of the Commission

Answer given by Mr Van Miert

on behalf of the Commission

( 10 January 1996 ) ( 16 January 1996 )

For the moment the Commission is represented in Nepal by
the New Delhi delegation, the head of delegation being
accredited by the King of Nepal .

In addition to that, a technical cooperation office has been
open in Katmandu for three years, with the aim to fill crucial

gaps .

However, the Commission is aware that this can offer only a
temporary and inadequate solution . The Commission is
therefore examining, among different priorities, the
possibility of improving its presence in Nepal through the
establishment of a formal office .

WRITTEN QUESTION P-3502 / 95

by Christian Rovsing ( PPE )

The Commission is actively pursuing this case and it has had
several meetings and extensive correspondence with the
Danish authorities in order to find a solution .

The Commission is not in a position to comment on the
different interpretations given by Danish ministers and
members of the Danish Folketing of the meetings which take
place or on the letters being sent during the examination of
this case .

Any action taken by the Commission needs to have a legal
basis . In such a case as the present it is the Commission 's
duty to make sure that access to essential facilities, like a
port, is given on a non-discriminatory basis in accordance
with the principles of Articles 85, 86 and 90 of the EC
Treaty . The Commission will make all necessary efforts to
reach a rapid conclusion in this case .

WRITTEN QUESTION E-3504 / 95

by Stephen Hughes ( PSE )

to the Commission
to the Commission

( 12 December 1995 )

( 96 / C 91 / 111 )

Subject : Exchange of letters between the Commission and

the Danish Minister of Transport on new ferry
services between Helsingor and Helsingborg

During debates in recent months on the possibility of
establishing new ferry services between Helsingor in
Denmark and Helsingborg in Sweden the Danish Minister
of Transport has made frequent reference to a letter dated
29 September 1995 from the Commission 's DG IV to the
Danish Ministry of Transport . In a letter dated 16 October

1995 to the Folketing Transport Committee for instance he
said that the Ministry did not intend to accede to the request
made by the Commission ( in its letter of 29 September ) to
the Danish Government to allow all shipping companies
that were interested to provide a ferry service between
Helsingor and Helsingborg on equal conditions of
competition since, according to him, there was no legal
justification for the request . In answer to a question from a
member of the Folketing 's Transport Committee on
22 November 1995 he also said that it was evident from the

letter of 29 September that the Commission was aware that
the Danish Ole Lauritzen line had not then submitted a final

proposal . Does the Commission agree with the way in which
the Danish Minister of Transport interpreted its letter of
29 September in his correspondence with the Folketing 's
Transport Committee ?

(3 January 1996 )

( 96 / C 91 / 112 )

Subject : Humanitarian aid projects

What sources of statutory funding for
projects are currently available from
Which humanitarian agencies in the
receive such funding ?

humanitarian aid

the Commission ?

United Kingdom

Answer given by Mrs Bonino

on behalf of the Commission

( 24 January 1996 )

The European Community humanitarian office ( ECHO )
has two sources of funding for humanitarian aid projects,
namely the Lome Convention ( Article 254 emergency
assistance ) and the Community budget ( Chapter B7-21
humanitarian aid ).

A list of all the British partners with whom ECHO has
worked during the last years is sent direct to the Honourable
Member and to the Secretariat-General of Parliament .

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 65

WRITTEN QUESTION P-3553 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 12 December 1995 )

( 96 / C 91 / 113 )

Subject : Funding of the Guben / Gubin waste water
treatment plant ( joint German and Polish
environmental project )

For some time, the EU has been giving increased support for
cross-border regional cooperation on its external frontiers .
This is intended to ' overcome the specific development
problems ... in the interest of the local population and in a
manner compatible with the protection of the environment '

( Article 3 of Regulation ( EC ) No 1 628 / 94 ( 1 ) on
Phare / CBC ). Cross-border waste water treatment projects
are particularly suitable for cooperation of this type . The
plans of the German municipality of Guben and the Polish
municipality of Gubin for a shared-use waste water
treatment plant were therefore supported by the
Commission . Despite having initially made announcements
to the contrary, the Commission refused last summer to
grant Interreg-II funds for the German share in the costs,
because the investment is to be carried out in Poland . There

would, however, have been no restriction on Interreg-II
funding for the construction of a considerably more
expensive plant in Germany . Interreg-II funding has been
granted only for the pipes to be laid physically on German
territory . Phare / CBC funds are to granted in respect of the
costs incurred by Poland .

1 . Will the Commission state why it has taken this stance,
which clearly goes against the express wishes of
Parliament and the Commission that the Interreg-II and
Phare / CBC programmes be linked as far as possible in
specific projects ? "

2 . What form does it envisage such linkage taking if it

interprets the territorial principle so narrowly that
decisions on the use of funds take account of the physical
location of an investment rather than its

beneficiaries ?

Interreg finances projects up to the Community border and
Phare ( CBC ) takes up the financing after the border on the
Polish side . The projects are jointly developed by the Polish
and German sides but separately financed .

It is thanks to this arrangement that the Gubin-Guben
wastewater project could be considered for financing since it
had to be located on the Polish side . In this way Phare ( CBC )
is able to finance the project which is of benefit to the whole
town ( both German and Polish populations ) with a
contribution of some ECU 3 million .

In view of the relatively few possibilities for projects actually
on the border itself, the opportunity for joint projects where
one part is financed by Interreg and the other part by Phare
are relatively few . Examples do exist of which the best is the
University of Viadrina which has buildings both on the
German side, financed partly by Interreg, and buildings on
the Polish side, financed by Phare .

However, from the outset, it was found to be essential to
approach the programmes with a wider perspective since, in
particular, the problems of the pollution of the border river,
the Oder-Neisse, could not be solved by only concentrating
on the border towns such as Guben-Gubin, where truly joint
projects are sought, but by addressing the problems of
towns ' inland ' where further pollution occurred affecting
the border itself .

Preferential and complementary financing of the
socio-economic development of the border region is the
essential foundation, from which both Interreg and Phare

( CBC ) spring, and is particularly well attained by the Polish
and German programme . The projects which are funded by
both sides fit within the jointly prepared strategic
development plan for the border region taken as a whole
and are analysed and decided by joint working groups and
the joint programming and monitoring committee ( Polish
and German authorities jointly ).

Nevertheless, it was felt that the joint nature of the projects
might be lost on the populations nearest the border which

3 . How does it plan to regain the confidence of local are organised together in Euro-regions . For this reason,

policy-makers which has been lost as a result of its under the 1995 Phare ( CBC ) programme a small project
stance ? fund for these participants was set up . Under this more

' people to people ' needs can be satisfied and the joint nature
0 ) OJ No L 171, 6 . 7 . 1994, p . 14 . of the programme can be reinforced .

3 . How does it plan to regain the confidence of local

policy-makers which has been lost as a result of its
stance ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 11 January 1996 )

The cross-border cooperation programme ( CBC ) is founded
on Interreg II and the Phare ( EC ) Regulation ( EC )
No 1628 / 94 which together provide for the financing of
projects in the Polish / German border region .

It is expected that as the Phare implementation approach
draws closer to the Community Structural Funds model, a
clearer definition of projects at the outset will clarify
financial arrangements early on and ensure that funding is
only sought from the right sources . This will certainly help
to make for a smoother implementation of projects such as
the Guben-Gubin waste water treatment .

No C 91 / 66 EN Official Journal of the European Communities 27 . 3 . 96

QUESTION P-3554 / 95 research has shown that alternatives are widely available at

Freddy Blak ( PSE ) reasonable cost for all HCFC uses . Why did the Commission

to the Commission not support the Swedish proposal ?

WRITTEN QUESTION P-3554 / 95

by Freddy Blak ( PSE )

( 18 December 1995 )

( 96 / C 91 / 114

Subject : Problems connected with repetitive work

The Commission has given very high priority to the labour
market and aid for small and medium-sized undertakings ; it
is therefore paradoxical that the EU 's rules really put a curb
on a series of Danish research projects about problems
connected with repetitive work ( see article in the Labour
Inspection Directorate 's periodical ' Arbejdsmiljo ' No 11,

1995 ).

Danish undertakings have carried out studies of repetitive
work with economic aid from the Ministry of Labour, and
the findings are available to other undertakings in Denmark
and the EU . The problem however is that some of the
undertakings have been granted more than Dkr 400 000 in
project aid and that the projects must therefore be formally
notified to the Commission since they can be deemed to
distort competition under Article 92 .

Can an exemption be granted for such projects, which must
be characterized as of a purely health policy nature and
should therefore not be subject to the ban on State aid ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 31 January 1996 )

On 6 October 1995 the Council went beyond both the
current Montreal Protocol ( which specifies a ceiling of
3,1 % on HCFCs and their elimination by 2030 ) and the
present Regulation ( EEC ) No 3093 / 94 on substances which
deplete the ozone layer ( which specifies a ceiling of 2,6 %
and elimination by 2015 ) ( l ) by adopting, for HCFCs, a
ceiling of 2,0 % of the calculated level of CFCs consumed in

1989 together with the 1989 consumption of HCFCs and
the elimination date of 2015 as the Community position to
be defended in Vienna at the seventh meeting of the Parties
to the Montreal Protocol on substances which deplete the
ozone layer ( 28 November to 7 December 1995 ).

Following difficult negotiations, in particular with the USA,
the Parties agreed on a ceiling of 2,8 % and total elimination
by 2020 ( though with exemptions up to 2030 ).

The Commission will start the procedure for the
amendment of Regulation ( EEC ) No 3093 / 94 and, as during
Answer given by Mr Van Miert the preparatory talks for the meeting of the Parties in

on behalf of the Commission Vienna, will defend the most advanced position .

( 11 January 1996 )

The Danish authorities have notified the scheme for

' uniform and repetitive work ' to the Commission under
Article 93(3 ) of the EC Treaty . The scheme is caught by the
ban on State aid enshrined in Article 92 ( 1 ) of the Treaty, and
the Commission is therefore currently examining whether it
can qualify for exemption on any of the grounds listed in
Article 92(3 ).

(') OJ No L 333, 22 . 12 . 1994 .

WRITTEN QUESTION E-3605 / 95

by Jean-Yves Le Gallou ( NI )

to the Commission

( 12 January 1996 )

WRITTEN QUESTION E-3570 / 95 ( 96 / C 91 / 116 )

by Mihail Papayannakis ( GUE / NGL )

to the Commission

(5 January 1996 ) Subject : Community subsidies to associations, NGOs and

various bodies
( 96 / C 91 / 115 )

Subject : Elimination of HCFCs

Sweden has proposed that HCFCs be phased out by 2010,
and several Member States support this proposal . Extensive

Can the Commission provide a detailed list of the
associations or bodies receiving Community subsidies under
budget item B3-4103 ( measures to combat poverty and
social exclusion ) and the exact amount of such subsidies for
the financial year that has just ended ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 67

Answer given by Mr Flynn
on behalf of the Commission

WRITTEN QUESTION E-3612 / 95

by Jean-Yves Le Gallou ( NI )
(S February 1996 ) to the Commission

( 12 January 1996 )

The Commission is sending the information requested direct ( 96 / C 91 / 119 )
to the Honourable Member and to Parliament 's

Secretariat .
Subject : Community grants to associations, NGOs and

other bodies

With regard to the new Item B3-1010 ( Youth for Europe II ),
could the Commission give a complete list of associations or
bodies which receive Community grants and the exact
WRITTEN QUESTION E-3610 / 95 amount of these grants during the last financial year for
which accounts have been closed ?

by Jean-Yves Le Gallou ( NI )

to the Commission

( 12 January 1996 )

Joint answer to Written Questions
( 96 / C 91 / 117 )

E-3611 / 95 and E-3612 / 95

given by Mrs Cresson
on behalf of the Commission

Subject : Community subsidies to associations, NGOs and

various bodies (6 February 1996 )

Can the Commission provide a detailed list of the
associations or bodies receiving Community subsidies under
budget item B3-1001 ( Socrates programme ) and the exact
amount of such subsidies for the last financial year ?

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

Answer given by Mrs Cresson WRITTEN QUESTION E-3656 / 95

on behalf of the Commission

by Martina Gredler ( ELDR )
( 15 February 1996 )
to the Commission

( 12 January 1996 )

The Commission is sending the information requested direct ( 96 / C 91 / 120 )
to the Honourable Member and to Parliament 's

Secretariat .

Subject : Thrombosis risk associated with new oral
contraceptives

WRITTEN QUESTION E-3611 / 95

by Jean-Yves Le Gallou ( NI )

to the Commission

( 12 January 1996 )

( 96 / C 91 / 118 )

Subject : Community grants to associations, NGOs and

other bodies

With regard to Article B3-101 ( Youth for Europe ), could the
Commission give a complete list of associations or bodies
which receive Community grants and the exact amount of
these grants during the last financial year for which accounts
have been closed ?

Two new studies the results of which have been published by
the WHO in Geneva show that the composition of certain
contraceptive pills containing gestoden and desogestrel
is associated with a considerably increased risk of
thrombosis .

Does the Commission intend to instruct the experts at the
European Agency for the Evaluation of Medicinal Products
to investigate the thrombosis risk for girls and women using
these contraceptives ?

If there is shown to be a risk, what will the Commission do
to prevent further health risks to women ?

Does the Commission intend to launch a campaign to raise
awareness of the possible health risks for girls and women
who use the new brands of contraceptive pill ( Marvelon,
Minulett, Femovan, Lovelle, Biviol, Oviol, Cyklosa, Cetenyl
and Dimirel )?

No C 91 / 68 EN Official Journal of the European Communities 27 . 3 . 96

How much funding would be available for an information
campaign of this kind, and under what budget heading
would it come ?

Answer given by Mr Bangemann

on behalf of the Commission

( 21 February 1996 )

The Commission would refer the Honourable Member to its
answer to Written Question P-3 141 / 95 by Mrs Breyerf 1 ).

(') OJ No C 66, 4 . 3 . 1996, p . 62 .

WRITTEN QUESTION E-3658 / 95

by Josu Imaz San Miguel ( PPE )

to the Commission

( 12 January 1996 )

in Abu Dhabi from 16 to 18 October 1995 . Since the UAE

was not yet ready to initial an agreement, the Commission
made 1 1 categories of products originating in that country
subject to prior surveillance from 15 November 1995

( Commission Regulation ( EC ) No 2635 / 95 of 13 November
1995 ) (').

During the consultations contacts were established with the
UAE customs authorities with a view to pursuing previous
enquiries into the true origin of certain products about
which there were strong suspicions of fraud .

Subsequent contacts between the Commission and the UAE
authorities led to the signing of an agreement on trade in
textile products on 11 December 1995 . This agreement will
apply from 1 January 1996 to 31 December 1998 . Though it
does not provide for quantitative limits, it does introduce a
system of double checks on 12 product categories, including
the 11 covered by the abovementioned surveillance
arrangements, in order to ensure that trade in the products
concerned is quite above board .

Regulation ( EC ) No 2635 / 95 will be repealed once the
Council has approved the provisional application of the

agreement .

( 961 C 91 / 121 ) (') OJ No L 271, 14 . 11 . 1995 .

Subject : Textile agreement with the United Arab
Emirates

In May 1995 consultations were held for the second time
between the Community and the United Arab Emirates with
the aim of concluding a bilateral textile agreement which
would make it possible to establish the genuine origin of
goods by introducing a system of mutual checks . The next
round of consultations was due to be held in September

1995 once the United Arab Emirates had examined the

revised version of the agreement submitted to it by the
Commission .

Will the Commission say whether the scheduled
consultations have taken place and what progress has been
made with regard to the bilateral textile agreement ? Will it
also say whether in the meantime indications of fraud have
continued to be found in the origin of certain types of
garment, particularly knitted articles, and, if so, whether it
has introduced, or plans to introduce, a system of controls
on the import of products of this kind ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(1 February 1996 )

A third round of consultations for the conclusion of a

bilateral agreement on trade in textiles between the
Community and the United Arab Emirates ( UAE ) took place

WRITTEN QUESTION P-l / 96

by Irene Soltwedel-Schafer ( V )

to the Commission

(9 January 1996 )

( 96 / C 91 / 122 )

Subject : Validation of in vivo experiments serving to

confirm or rule out infectibility of tissue with the
BSE pathogen

The Commission 's answer to Oral Question 1 14, H-837 / 95,
states that infectibility with the BSE pathogen could not be
established in tests on any of the following organs :
peripheral nerve fibres, muscles, the liver, kidneys,
blood / serum, the bladder, bone marrow, and lungs .

It has been demonstrated that the liver is a seat of infection

in sheep, goats, mice, and mink which have contracted
spongiform encephalopathies . How many of the
independent experiments that produce these scientific
findings are known to the Commission ? What tissue
samples and particular animal species were used in those
experiments ? How far can the experiments which failed
to detect specific BSE-infected tissue in cows be compared
with those that revealed the presence of tissue infected with
scrapie ? What is the extent and nature of the
differences ?

27 . 3 . 96 EN Official Journal of the European Communities No C 91 / 69

The spleen has been shown to be infectible in sheep, goats,
mice, mink, and humans that have contracted spongiform
encephalopathies . How far can the tests which failed to
establish infectibility in cows ' spleens be equated with or
distinguished from the scientific experiments which have
demonstrated that the spleen can be infected in sheep, goats,
mice, mink, and humans ( in terms of the number of tests, the
number of tissue samples, the titres measured in control
experiments on the brain, spinal cord, and ileum, and so
forth )?

In a 1994 experiment to determine the route by which BSE
spreads when transmitted orally, four month-old calves
were fed with BSE-infected brain . The agent which causes
BSE was detected in the ileum ( distal end of the small
intestine ) of 10 - and 14-month-old test animals . What
scientific methods were used to obtain these findings and in
what respects can they be compared with the experiments
which failed to confirm the infectibility of bovine tissue ( see
above )?

What control values for titres were established in the

experiments that failed to demonstrate the infectibility of
the organs listed above, specifically as regards

( a ) the brain,

( b ) the spinal cord, and

( c ) the ileum ?

WRITTEN QUESTION E-70 / 96

by Amedeo Amadeo ( NI )

to the Commission

( 26 January 1996 )

( 96 / C 91 / 123 )

Subject : Monk seals

The World Conservation Monitoring Centre in Cambridge
reports that the Mediterranean Monkseal could probably
disappear during 1996 and 20 other rare animal species,
almost all of which are exotic creatures, could become
extinct during the year .

This danger of extinction is the result of pollution,
indiscriminate fishing and hunting and the pressure of the
continual rise in the human population .

It is reported that the survival of the monk seal species, of
which there are now only 650 members living in
Mediterranean waters, in particular off Sardinia and in the
Aegean Sea, is threatened primarily by uncontrolled fishing,
increasing urbanization and tourism along the coast .

Could the Commission provide more precise details and, if
possible, take measures in conjunction with the different
Member States ?

Answer given by Mr Fischler
on behalf of the Commission Answer given by Mrs Bjerregaard

(2 February 1996 ) on behalf of the Commission

( 22 February 1996 )
The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible . The Commission is sending the information requested direct
to the Honourable Member and to Parliament 's

Secretariat .