Source: EURLEX
Language: en
Format: md

# Official Journal

### of the European Communities

###### Information and Notices

English edition

ISSN 0378-6986

#### C 36

Volume 38

13 February 1995

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

95 / C 36 / 01 E-1663 / 94 by Alexandros Alavanos to the Commission
Subject : Recovery programme for Olympic Airways 1

95 / C 36 / 02 E-l 664 / 94 by Mihail Papayannakis to the Commission
Subject : Liquid fuels storage plant at Tsingeli in the Bay of Sourpi ( Province of Magnesia ) ... 1

95 / C 36 / 03 E-l 667 / 94 by Mihail Papayannakis to the Commission
Subject : Regional development programme and soil protection 2

95 / C 36 / 04 E-1677 / 94 by Nel van Dijk to the Commission
Subject : Construction of the A73 on the east bank of the River Maas ( Meuse ) 3

95 / C 36 / 05 E-l 703 / 94 by Laura Gonzalez Alvarez to the Commission
Subject : Failure to carry out environmental impact assessments of public works on the island of
Minorca 3

95 / C 36 / 06 E-l 760 / 94 by Winifred Ewing to the Commission
Subject : Health and safety in the workplace 4

95 / C 36 / 07 E-1783 / 94 by Hiltrud Breyer to the Commission
Subject : Viability of lignite mining in East Germany 4

95 / C 36 / 08 E-l 787 / 94 by Ursula Schleicher to the Commission
Subject : Dancing bears 6

95 / C 36 / 09 E-l 804 / 94 by Arie Oostlander to the Commission
Subject : Equivalence of ' Fachschulingenieur ' and ' Fachhochschulingenieur ' diplomas 6

Price : ECU 18 ( Continued overleaf )

Notice No

95 / C 36 / 10

95 / C 36 / 11

95 / C 36 / 12

95 / C 36 / 13

95 / C 36 / 14

95 / C 36 / 15

95 / C 36 / 16

95 / C 36 / 17

95 / C 36 / 18

95 / C 36 / 19

95 / C 36 / 20

95 / C 36 / 21

95 / C 36 / 22

95 / C 36 / 23

95 / C 36 / 24

95 / C 36 / 25

95 / C 36 / 26

Contents ( continued ) Page

E-l 809 / 94 by Cristiana Muscardini to the Commission
Subject : Provisions in force at the EC Court of Justice in respect of leave in connection with
elections

E-l 833 / 94 by Mihail Papayannakis to the Commission
Subject : Forest road near Viki ( Kambia )

E-l 836 / 94 by Nel van Dijk to the Commission
Subject : Promoting cycling as a sustainable mode of transport

E-l 849 / 94 by Florus Wijsenbeek to the Commission
Subject : Possible postponement of Betuwe line

E-l 866 / 94 by Maartje van Putten to the Commission
Subject : Illegal working practices in the clothing industry

E-l 870 / 94 by Maartje van Puten to the Commission
Subject : Illegal working practices in the clothing industry

Joint answer to Written Questions E-l 866 / 94 and E-l 870 / 94

E-l 868 / 94 by Maartje van Putten to the Commission
Subject : Integration of developing countries in the international trading system

E-l 869 / 94 by Maartje van Putten to the Commission
Subject : Integration of developing countries in the international trading system

Joint answer to Written Questions E-l 868 / 94 and E-l 869 / 94

E-l 880 / 94 by Rolf Linkohr to the Commission
Subject : Environmental impact assessment for the TGV Méditerranée

E-l 88 1 / 94 by Alexandros Alavanos to the Commission
Subject : Crude oil pipeline to the Mediterranean

E-l 9 11 / 94 by Jose Happart to the Commission
Subject : Beef and veal

E-1915 / 94 by Glyn Ford to the Commission
Subject : Hydrogen sulphide emissions

E-l 9 17 / 94 by Josu Imaz San Miguel to the Commission
Subject : Drift nets

E-l 9 18 / 94 by Caroline Jackson to the Commission
Subject : EU grant to Babymilk Action Coalition

E-l 925 / 94 by Johanna Maij-Weggen and Petrus Cornelissen to the Commission
Subject : Approval of government support for Air France

E-l 926 / 94 by Wilfried Telkämper to the Commission
Subject : Progress of bridge construction between Scotland and the Isle of Skye

E-l 936 / 94 by Edward Kellett-Bowman to the Commission
Subject : ' Taxe uniforme '

7

8

8

9

10

10

10

10

11

11

12

12

12

13

13

14

14

16

16

Notice No Contents ( continued ) Page

95 / C 36 / 27 E-1938 / 94 by Luis Sá to the Commission
Subject : Criteria for assessing Member States ' compliance with their obligations 17

95 / C 36 / 28 E-l 940 / 94 by Luis Sá to the Commission
Subject : Situation of the Community institutions and terms and conditions of employment of their
officials 17

95 / C 36 / 29 E - 1942 / 94 by Laura González Alvarez, Alonso Puerta and María Sornosa Martínez to
the Commission

Subject : Environmental damage to the Guadiana river ( Badajoz, Spain ) 18

95 / C 36 / 30

95 / C 36 / 31

95 / C 36 / 32

E-l 944 / 94 by Carmen Fraga Estévez and Miguel Arias Cañete to the Commission
Subject : Biological stoppage period in the Moroccan fishing ground allocated to the black hake
fleet 18

E-l 946 / 94 by Joaquin Sisó Cruellas to the Commission
Subject : The Cohesion Fund in Spain 19

E-1950 / 94 by Joaquin Sisó Cruellas to the Commission

Subject : The Somport tunnel 19

95 / C 36 / 33 E-l 953 / 94 by Lucio Manisco to the Commission
Subject : Abuse of dominant position by Fininvest-R.T .1 20

95 / C 36 / 34 E-l 954 / 94 by Leen van der Waal to the Commission

Subject : ' Europe against AIDS ' campaign . 20

95 / C 36 / 35

95 / C 36 / 36

95 / C 36 / 37

. 95 / C 36 / 38

E-l 962 / 94 by Christine Oddy to the Commission
Subject : 1992 guidelines for State aids granted to SMUs 21

E-l 96 8 / 94 by Christine Oddy to the Commission
Subject : Methyl bromide and the ozone layer 21

E-l 976 / 94 by Alex Smith to the Commission
Subject : Euratom-US nuclear cooperation agreement 22

E-l 978 / 94 by Glyn Ford to the Commission

Subject : Seat belts in coaches 22

95 / C 36 / 39 E-l 980 / 94 by Hiltrud Breyer to the Commission
Subject : Saarbrücken Airport development prospects 23

95 / C 36 / 40 E-l 982 / 94 by Hiltrud Breyer to the Commission
Subject : Development plan No 441.11.00, ' Business park to the north of Saarbrücken-Ensheim
Airport ' 23

95 / C 36 / 41 E-1995 / 94 by Ole Krarup to the Commission

Subject : Bridge between Denmark and Sweden 24

95 / C 36 / 42 E-l 996 / 94 by Carmen Díez de Rivera Icaza to the Commission
Subject : Liability of suppliers of services 24

95 / C 36 / 43 E-2001 / 94 by Carmen Díez de Rivera Icaza to the Commission
Subject : Medallus and desertification in the Mediterranean basin 25

95 / C 36 / 44 E-2002 / 94 by Carmen Díez de Rivera Icaza to the Commission
Subject : Common port policy 25

( Continued overleaf )

Notice No Contents ( continued ) p age

95 / C 36 / 45 E-2017 / 94 by Hugh McMahon to the Commission
Subject : Disabled people's access 25

95 / C 36 / 46 E-2019 / 94 by Mihail Papayannakis to the Commission
Subject : Coastal fishing vessels 26

95 / C 36 / 47 E-2023 / 94 by Jannis Sakellariou to the Commission
Subject : European identity card for use in emergencies 26

95 / C 36 / 48 E-2026 / 94 by Jannis Sakellariou to the Commission
Subject : Disrimination against nationals of other EU countries in exercising their right to vote in
the European elections in Germany 27

95 / C 36 / 49 E-2029 / 94 by Mihail Papayannakis to the Commission
Subject : Misappropriation of public land and illegal construction work 28

95 / C 36 / 50 E-2030 / 94 by Mihail Papayannakis to the Commission
Subject : 5 % tax in favour of local government organizations and consequences for
competition 28

95 / C 36 / 51 E-2038 / 94 by Carlos Robles Piquer to the Commission
Subject : Scope of the next Community illustrative nuclear programme 29

95 / C 36 / 52 E-2040 / 94 by Johanna Maij-Weggen to the Commission
Subject : Threat of famine in the Horn of Africa 29

95 / C 36 / 53 E-2043 / 94 by Gerard Deprez to the Commission
Subject : Interactive telecommunications in the field of health care ; 30

95 / C 36 / 54 E-2044 / 94 by Gerard Deprez to the Commission
Subject : Measures to combat discrimination in the field of health care 31

95 / C 36 / 55 E-2045 / 94 by Gerard Deprez to the Commission
Subject : Air transport facilities for the disabled 31

95 / C 36 / 56 E-2049 / 94 by Anita Pollack to the Commission
Subject : Methane gas emissions in UK 32

95 / C 36 / 57 E-2056 / 94 by Mihail Papayannakis to the Commission
Subject : Construction of a sewage treatment plant in the town of Akrata 32

95 / C 36 / 58 E-2058 / 94 by Florus Wijsenbeek to the Commission
Subject : Dutch legislation on inland shipping 33

95 / C 36 / 59 E-2059 / 94 by Jose Barros Moura to the Commission
Subject : Situation of official customs agents 33

95 / C 36 / 60 E-2060 / 94 by Karin Riis-Jørgensen to the Commission
Subject : Checks on the use of State aid to shipyards in the former GDR 34

95 / C 36 / 61 E-2063 / 94 by Hiltrud Breyer to the Commission
Subject : Nuclear aid for the Ukraine — Decisions by the G7 summit meeting 34

95 / C 36 / 62 E-2064 / 94 by Hiltrud Breyer to the Commission
Subject : Consumer protection budget and aid 35

Notice No Contents ( continued ) p age

95 / C 36 / 63 E-2077 / 94 by Jose Apolinário to the Commission
Subject : Transposition of Directive 91 / 493 / EEC into national legislation in the Member States 36

95 / C 36 / 64 E-2078 / 94 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Hunting of birds in Italy 36

95 / C 36 / 65 E-2082 / 94 by Anita Pollack to the Commission
Subject : Race relations 37

95 / C 36 / 66 E-2084 / 94 by Anita Pollack to the Commission
Subject : Student grants 37

95 / C 36 / 67 E-2085 / 94 by Anita Pollack to the Commission
Subject : LD 50 test 37

95 / C 36 / 68 E-2099 / 94 by Nel van Dijk to the Commission
Subject : Soviet nuclear cemetery 38

95 / C 36 / 69 E-2100 / 94 by Carlos Robles Piquer to the Commission
Subject : Community aid for solar / gas energy co-generation 38

95 / C 36 / 70 E-2 102 / 94 by Joaquin Sisó Cruellas to the Commission
Subject : European bioclimatic complex 39

95 / C 36 / 71 E-2106 / 94 by Joaquin Sisó Cruellas to the Commission
Subject : Combating fraud 39

95 / C 36 / 72 E-21 12 / 94 by Alex Smith to the Commission
Subject : Low flying by military aircraft 39

95 / C 36 / 73 E-21 13 / 94 by Anita Pollack to the Commission
Subject : Sustainable development . 40

95 / C 36 / 74 E-21 16 / 94 by Edith Müller and Nel van Dijk to the Commission
Subject : Discrimination against trans-frontier workers in Germany 40

95 / C 36 / 75 E-21 17 / 94 by Jesús Cabezón Alonso and María Izquierdo Rojo to the Commission
Subject : Mediterranean policy 41

95 / C 36 / 76 E-2126 / 94 by Brendan Donnelly and Eryl McNally to the Commission
Subject : Safety of train doors 41

95 / C 36 / 77 E-2131 / 94 by Carlos Robles Piquer to the Commission
Subject : Technological innovation in the automobile industry and cooperation with suppliers of
components 42

95 / C 36 / 78 E-2135 / 94 by Wilfried Telkämper to the Commission
Subject : Transposition into national law of Directive 89 / 391 / EEC and the subsidiary individual
Directives, including Directive 92 / 57 / EEC 43

95 / C 36 / 79 E-2150 / 94 by Antoinette Spaak to the Commission
Subject : Return of the Commission to the Berlaymont building 44

( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 36 / 80 E-2151 / 94 by Antoinette Spaak to the Commission
Subject : Aid to the people of Iraq . . . 44

95 / C 36 / 81 E-2152 / 94 by Anita Pollack to the Commission

Subject : Child care 45

95 / C 36 / 82 E-2154 / 94 by Christine Crawley to the Commission
Subject : East Timor 45

95 / C 36 / 83 E-2158 / 94 by Gerardo Fernandez-Albor to the Commission
Subject : Measures in favour of SMEs to settle social security debts 45

95 / C 36 / 84 E-2 160 / 94 by Gerardo Fernandez-Albor to the Commission
Subject : Community harmonization of family support measures 46

95 / C 36 / 85 E-2166 / 94 by Honorio Novo to the Commission
Subject : Environmental disaster on the coast of northern Portugal 46

95 / C 36 / 86 E-2167 / 94 by Bernd Lange to the Commission
Subject : Aid to help set up an autonomous administration in Palestine and its allocation .... 47

95 / C 36 / 87 E-2176 / 94 by Hiltrud Breyer to the Commission
Subject : Illegal transfer of lithium-6 from Russia to the EU ..... . 48

95 / C 36 / 88 E-2178 / 94 by Hiltrud Breyer to the Commission
Subject : Plutonium separation and storage in the EU 49

95 / C 36 / 89 E-2184 / 94 by Sergio Ribeiro to the Commission
Subject : Abuse of the freedom of movement in the contracting of workers 50

95 / C 36 / 90 E-2194 / 94 by Alexandros Alavanos to the Commission
Subject : Discrimination in education 51

95 / C 36 / 91 E-2 196 / 94 by Alexandros Alavanos to the Commission
Subject : Review of the system of protected habitats in Greece 51

95 / C 36 / 92 E-2205 / 94 by Maria Aglietta to the Commission
Subject : Approval of the Carru'-Cuneo motorway link project and the negative conclusions of the
Environmental Impact Assessment ( EIA ) Committee 51

95 / C 36 / 93 E-2206 / 94 by Magda Aelvoet to the Commission
Subject : Logging agreement between Cameroon and France 52

95 / C 36 / 94 E-2210 / 94 by Luigi Florio to the Commission
Subject : Behaviour of certain magistrates in Italy . . . ; 52

95 / C 36 / 95 E-2220 / 94 by Michl Ebner to the Commission
Subject : Design of car registration plates in the EU 53

95 / C 36 / 96 E-2230 / 94 by Carole Tongue to the Commission
Subject : Study on transfer of operations 53

( Continued on inside back cover )

Notice No

95 / C 36 / 97

95 / C 36 / 98

95 / C 36 / 99

95 / C 36 / 100

95 / C 36 / 101

95 / C 36 / 102

95 / C 36 / 103

95 / C 36 / 104

95 / C 36 / 105

95 / C 36 / 106

95 / C 36 / 107

95 / C 36110S

95 / C 36 / 109

95 / C 36 / 110

95 / C 36 / 111

95 / C 36 / 112

95 / C 36 / 113

95 / C 36 / 114

95 / C 36 / 115

Contents ( continued ) Page

E-2233 / 94 by Anita Pollack to the Commission
Subject : International Green Cross

E-2242 / 94 by Kirsten Jensen to the Commission
Subject : Eco-labelling of products

E-2243 / 94 by Mihail Papayannakis to the Commission
Subject : Violation of Directive 90 / 313 / EEC

E-2248 / 94 by Peter Truscott to the Commission
Subject : Raytheon Corporate Jets ( UK )

E-2254 / 94 by David Bowe to the Commission
Subject : Import, sale and use of CFCs

E-2272 / 94 by Wolfgang Kreissl-Dorfler to the Commission
Subject : Final report on the Munich-Verona Brenner Pass route

E-2276 / 94 by Alfred Lomas to the Commission
Subject : UK contravention of EC Directives on pollution

E-2282 / 94 by Roberto Mezzaroma to the Commission
Subject : Protecting the human dignity of the disabled and their families

E-2283 / 94 by Ursula Schleicher to the Commission
Subject : WHO Conference on ' Environment and Health ' in Helsinki of June 1994

E-2284 / 94 by Brian Crowley to the Commission

Subject : Unemployment benefits

E-2306 / 94 by Sergio Ribeiro to the Commission
Subject : Accidents at Portuguese construction sites

E-2309 / 94 by Graham Watson to the Commission
Subject : Accountability of EU development aid policy

E-2314 / 94 by Thomas Megahy to the Commission
Subject : Homelessness

E-2395 / 94 by Hugh McMahon to the Commission
Subject : Budget line B3.4004 1993-94

E-2419 / 94 by Anne Andre-Leonard to the Commission
Subject : Consumer protection and property transactions

E-2 449 / 94 by Alfred Lomas to the Commission
Subject : Immigration controls

E-2453 / 94 by Gijs de Vries to the Commission
Subject : Access to Commission data banks for small and medium-sized businesses

E-2463 / 94 by Amedeo Amadeo to the Commission
Subject : Free movement of persons

E-2525 / 94 by Anne Andre-Leonard to the Commission
Subject : European year of education and training

53

54

54

54

55

55

56

56

57

57

58

58

58

59

59

60

60

61

62

13 . 2 . 95 Official Journal of the European Communities No C 36 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-1663 / 94

by Alexandros Alavanos ( GUE )

to the Commission

(1 September 1994 )

( 95 / C 36 / 01 )

Subject : Recovery programme for Olympic Airways

The Greek Government has drawn up a recovery
programme for Olympic Airways which it intends to submit
to the Commission in order to secure authorization for State

subsidies for the Greek national airline .

Does the Commission not consider that the company 's
workers should be involved in the formulation of the

programme and give their assent to the final proposals, so as
to create a favourable climate between the social partners in
which the programme can be effectively implemented with
the support of the workers ?

Does the Commission not consider also that the recovery
programme should specify the causes for the present crisis
and attribute responsibility, to ensure that the same
problems do not recur and that the company once again
operates on a sound basis ?

the opinion that the programme would restore the
Company 's viability by eliminating the two main difficulties
encountered by Olympic Airways : crippling debts, on the
one hand, and operating costs which were too high, on the
other . Whatever the case, as far as the cause of the
company 's difficulties is concerned, it was not for the
Commission to determine or attribute individual

responsibility .

t That said, the Commission believes that the involvement of

company personnel in formulating the objectives of the
restructuring programme and permanent and satisfactory
social dialogue are probably indispensable conditions for
the recovery of Olympic Airways . As part of the State aid
inquiry, contact was made with the company 's union
leaders . The Greek authorities and company directors are
entirely responsible for organizing social dialogue and for
explaining to all staff the objectives of and justifications for
the policy pursued .

The Commission expects that, as the restructuring
programme is implemented, especially its social aspects, the
competent authorities will ensure full compliance with
Community labour law .

WRITTEN QUESTION E-1664 / 94

by Mihail Papayannakis ( GUE )
Answer given by Mr Oreja to the Commission
on behalf of the Commission

(1 September 1994 )
( 20 October 1994 )

( 95 / C 36 / 02 )

On 27 July 1994 the Commission decided to authorize
Greek State subsidies for Olympic Airways . The decision
was made following an in-depth examination by the
Commission on the company 's re-capitalization and
restructuring programme which was put forward in July

1993 and completed in May 1994 . The Commission was of

Subject : Liquid fuels storage plant at Tsingeli in the Bay of

Sourpi (" Province of Magnesia )

On 14 July 1993 the regional authorities of Magnesia
decided to grant the company Kaoil a licence to build a

No C 36 / 2 Official Journal of the European Communities 13 . 2 . 95

liquid fuel storage plant at Tsingeli near the Bay of Sourpi .
Given that :

take in order to put an immediate stop to this illegal
project ?

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

1 . The licence was granted in breach of Directive ( 2 ) OJ No L 230, 5 . 8 . 1982, p . 1 .
85 / 337 / EEC C ), because of the failure to publish the
environmental impact assessment which would have
enabled citizens to give their opinion and make
proposals to the relevant department of the Ministry for Answer given by

on behalf of the

the Environment and Public Works,

Answer given by Mr Paleokrassas

on behalf of the Commission

2 . No study has been conducted to assess the accident

hazard of the installations, in breach of Directive

82 / 501 / EEC ( Seveso Directive ) ( 2 ), bearing in mind that
the seven tanks to be installed have a capacity of 9 900
cubic metres,

3 . No study has been carried out into the risks of

transporting petroleum products, despite the
well-known threat posed by the transport and
unloading of such products, particularly to the marine
environment,

4 . The project would violate the Barcelona Convention on

the Protection of the Mediterranean Sea Against
Pollution, particularly Article 8 concerning pollution
from land-based sources which requires Greece to ' take
all appropriate measures to prevent, abate and combat
pollution of the Mediterranean Sea area caused by . . .
coastal establishments ',

5 . The Gulf of Volos is a closed gulf which already suffers

from serious pollution problems, without needing its
environment to be subjected to any further strain ( the
regional plan for Almiros and Evxinoupolis refers to the
need for ' protection of the Bay of Sourpi which has a
direct influence on the quality and purification of the
waters of the Gulf of Volos ', as well as mentioning ' the
protection of the highly fertile soils of the plain of
Almiros-Evxinoupolis ', ( Official Journal of the Greek

Government No 376 of 21 April 1986 ),

6 . The construction of these tanks in the Bay of Sourpi will
be a serious blow to tourism and to a whole range of
activities directly linked to the tourist sector and the

sea,

( 21 October 1994 )

The Commission has already asked the Greek authorities
for further information on what measures have been taken

to ensure compliance with Community law which,
according to the Honourable Member, has been infringed
as far as the liquid fuel storage plant at Tsingeli is
concerned .

This involves primarily Directive 85 / 337 / EEC under which
Member States are obliged to carry out environmental
impact studies on projects listed in the annexes and to make
the results of such studies available to the authorities

responsible for the environment and to the public . With the
case in point it would appear that this latter consultation has
not taken place .

With regard to the seven tanks, which have a capacity of

9 900 cubic metres and which can hold a maximum amount

of inflammable substances of between 5 000 an 50 000

tonnes, they are subject to Directive 82 / 501 / EEC on
major-accident hazards of certain industrial activities .

Under Article 7 of this Directive the Greek authorities have

to organize ' inspections or other measures of control proper
to the type of activity concerned '.

Similarly, in keeping with the Barcelona Convention and
in particular its protocol on the protection „ of the
Mediterranean Sea against pollution from land-based
sources and given that Greece is a Contracting Party to this
Convention, it is up to the Greek authorities to take all the

necessary measures .

WRITTEN QUESTION E-1667 / 94

by Mihail Papayannakis ( GUE )

to the Commission

(1 September 1994 )

7 . According to the Greek Ornithological Society, Tsingeli
is the site of an important aquatic biotope and one of the ( 95 / C 36 / 03 )

1 1 migration grounds for wild swans and other aquatic
fowl in Greece .

Subject : Regional development programme and soil
protection

Will the Commission say what steps it intends to take to

ensure that the Greek authorities observe national and

Community legislation and what firm measures it intends to

Article 7 of Regulation ( EEC ) No 2081 / 93 i 1 ) stipulates that
measures financed from the Structural Funds must be

compatible with Community environment policy .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 3

Greece 's regional development programme contains no firm
measures for the disposal of solid waste and for soil
protection, two serious environmental problems in the
country, despite the fact that the Community legislation on
this question has been in force since before Greece 's
accession to the Community .

3 . Is the decision in accordance with the habitat Directive,
in view of the effects on the badger population ?

4 . If the decision contravenes either or both of the

Directives, will the Commission prohibit the
construction of this variant ?

Will the Commission say how it intends to ensure that
appropriate measures are taken to deal with this
problem ? Answer given by Mr Paleokrassas

on behalf of the Commission

(!) OJ No L 193, 31 . 7 . 1993, p . 5 . (3 November 1994 )

Answer given by Mr Millan
on behalf of the Commission

( 18 October 1994 )

Under the Community support framework ( CSF ) for Greece
for 1994-1999, the operational programme for the
environment and the 13 multi-fund operational
programmes for the Greek administrative regions contain
measures to deal with the problems referred to by the
Honourable Member . These include the establishment of

new tips, measures to re-cycle solid waste and a programme
to reduce soil erosion ( measure 3.3 in the operational
programme for the environment ).

WRITTEN QUESTION E-1677 / 94

by Nel van Dijk ( V )

to the Commission

(1 September 1994 )

( 95 / C 36 / 04

Subject : Construction of the A73 on the east bank of the

River Maas ( Meuse )

The Netherlands Government has decided to build the A73

on the east bank of the River Maas ( Meuse ). According to
the environmental impact assessment, this is the most
environmentally damaging variant . Among other factors, it
will destroy a large part of the badger habitat in the
Netherlands . It will also cost half a billion guilders more
than building the road on the west bank .

1 . Does the Commission agree that environmental impact
assessments are of use only if their findings are respected
when a project is implemented ?

2 . Does the above decision accord with the Directive on

environmental impact assessments, and can it therefore
be implemented ?

1 . Article 8 of Council Directive 85 / 337 / EEC ( ) on the
assessment of the effects of certain public and private
projects on the environment requires the information
gathered pursuant to the Directive to be taken into
consideration in the development consent procedure .

2 . The importance to be attached to the environmental
factors which are relevant to the development consent
decision is a matter for the Member State concerned . The

Member State must decide, on the basis of the
environmental information collected as part of the EIA
procedure, whether to grant development consent for the
project and what mitigation measures to require .

3 . The Commission will write to the Member State

concerned to request further information on the project so
that it can consider whether the decision to proceed with the
project is in contravention of Council Directive
92 / 43 / EEC ( 2 ) on the conservation of natural habitats and
of wild fauna and flora .

4 . The Commission will consider whether any action is
required under Council Directive 92 / 43 / EEC when it has
more information on the project .

0 ) OJ No L 175, 5 . 7 . 1985 .

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

WRITTEN QUESTION E-l 703 / 94

by Laura González Alvarez ( GUE )

to the Commission

(1 September 1994 )

95 / C 36 / 05

Subject : Failure to carry out environmental impact
assessments of public works on the island of
Minorca

No environmental impact assessments have been carried out
in connection with two public works projects on the island

No C 36 / 4 Official Journal of the European Communities 13 . 2 . 95

of Minorca, according to the local news media and reports
made available to the general public . The projects in
question, which are to be carried out under the auspices of
the Ministry of Public Works, Transport and the
Environment of the Kingdom of Spain, involve :

— the construction of a winter harbour for sports craft in

Mao,

— and a programme for the building of seaside promenades

and the re-generation of beaches, by using sand taken
from the sea bed .

The latter project may cause serious harm to beds of
Posidonia seaweed which are considered as being of
Community interest within the meaning of the Directive on
habitats, No 92 / 43 / EEC ( x ).

The infringement of Directive No 85 / 337 / EEC ( 2 ) on
environmental impact is, if anything, more serious, given
that Minorca is considered a biosphere reserve by Unesco,
and that the project in question therefore represents an
effort to apply sustainable development criteria along the
lines of those laid down in the fifth EU action programme on
the environment and sustainable development .

In view of the above projects, what measures will the
Commission take to enforce Community law and uphold its
environmental policy on the island of Minorca ?

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

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

WRITTEN QUESTION E-1760 / 94

by Winifred Ewing ( ARE )

to the Commission

(1 September 1994 )

( 95 / C 36 / 06 )

Subject : Health and safety in the workplace

What proposals is the Commission currently looking at to
improve health and safety in the workplace ?

Answer given by Mr Flynn
on behalf of the Commission

(5 October 1994 )

The Commission communication on safety, hygiene and
health protection at work ( J ) outlines the main areas of
activity between 1994 and 2000 .

One of the top priorities is to ensure that proposals on health
and safety currently being examined by the Council are
adopted in 1994 and 1995 ; there are proposals for
Directives dealing with health and safety in the transport
sector ( 2 ), physical agents ( 3 ), chemical agents ( 4 ), transport
facilities for workers with reduced mobility ( 5 ) and work
equipment ( amendement ) ( 6 ).

(!) COM(93 ) 560 final .
Answer given by Mr Paleokrassas ( 2 ) OJ No C 325, 2 . 12 . 1993 . OJ No C 294, 30 . 10 . 1993 .

on behalf of the Commission

( 3 ) OJ No C 77, 18 . 3 . 1993 . OJ No C 230, 19 . 8 . 1994 .

( 4 ) OJ No C 165, 16 . 6 . 1993 . OJ No C 191, 14 . 7 . 1994 .
( 26 October 1994 ) ( 5 ) OJ No C 15, 21 . 1 . 1992 .

( 6 ) COM(94 ) 56 final .

Under the terms of Royal Decree 1131 / 88 which transposed
Directive No 85 / 337 / EEC into Spanish law, marinas such as
the one which is to be built in Mahon on the island of

Minorca are subjected systematically to an environmental
impact assessment before being authorized .

The Commission has therefore asked the Spanish
authorities for informantion on what steps have been taken
to ensure compliance with this law in the instance of the port
of Mahon .

Additionally, if the construction of seaside promenades and
the regeneration of beaches do not fall within the scope of
the aforementioned Directive, their impact on the
environment will have to be considered in the analysis of the
direct and indirect effects of the project in question .

WRITTEN QUESTION E-l 783 / 94

by Hiltrud Breyer ( V )

to the Commission

(1 September 1994 )

( 95 / C 36 / 07 )

Subject : Viability of lignite mining in East Germany

1 . How does the Commission assess the competitivity of
East German lignite ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 5

2 . How will it be affected by the proposed C0 2 / energy
tax ? How heavily would lignite be taxed if the C0 2 / energy
tax were introduced ?

3 . The Laubag company 's operating plan for further
lignite mining in Niederlau fails to make full provision for
measures to remedy the ecological impact, the implication
being that the balance must be met by the Government .
What view does the Commission take of this form of

indirect subsidy ?

4 . What view does the Commission take of German

Government plans to exempt lignite from the C0 2 / energy
tax ?

5 . Does the Commission consider that an environmental

impact assessment encompassing the planning phase should
have been carried out under German mining law, in respect
of open-cast mining operations continuing beyond the year
2000 ?

6 . What view does the Commission take of the emerging
monopoly in the East German lignite / energy sector ?

Answer given by Mr Oreja
on behalf of the Commission

( 19 October 1994 )

1 . Due to more favourable conditions of the deposits, the
lignite of the new Lander can, like the lignite from the Rhine
area, be produced at signifciantly lower costs than German
hard coal which, for the proportion which is used for
electricity generation, has to be subsidized by DM 7 000
million each year . As the restructuring and adaptation of
production to the market economy is largely completed,
lignite can now also be produced in the new Lander without
any subsidies and is therefore a competitive primary energy
source for electricity generation, even at an international
level .

This competitiveness can clearly be documented by the 1993
figures ; in Germany the contribution of lignite to the total
electricity generation was, at 28,1 % ( or 66 million tonnes
coal equivalent ( tee )), by far higher than the contribution of
German hard coal, which only reached 16,9 % ( or 39,6
million tee ).

2 . It is important to highlight that the proposed C0 2
energy tax would have a general effect on the use of lignite
and not only on lignite from the new Lander .

According to the proposal for a Directive ( 1 ) and assuming a
C0 2 energy tax level of ECU 0,7 per gigajoule and ECU 9,4
per tonne CO ?, the tax on lignite used for electricity
generation would be about ECU 0,13 per gigajoule higher
than for hard coal . Compared to other factors influencing
competitiveness, such as the fluctuation of exchange rates,
transportation costs and international prices for imported

coal, or the high level of subsidies for domestic hard coal, the
influence of the C0 2 energy tax can be considered as
relatively small .

Lignite would be charged at a rate of about ECU 0,47 per
gigajoule higher than gas in the year 2000, according to the
Commission proposal . This reflects the lower carbon
content of natural gas . Nevertheless, it is difficult to foresee
the influence of a C0 2 energy tax on the competitiveness of
the new Lander lignite industry, as this tax differential
would only be applied by the year 2000 . According to
Commission forecasts, lignite would remain competitive
with oil and gas in the year 2000 in the electricity generation
sector, even with the implementation of the current
proposal . This is due to the fact that international coal prices
are expected to remain at a relatively low level, compared
with other fuels, and that the differentiation against lignite
only concerns the carbon part of the tax .

3 . In connection with the privatization of the formerly
State-owned enterprises by the ' Treuhandanstalt ', the
Commission has decided not to consider the public funding
for work to overcome environmental damage, caused before
unification, as State aid to the companies concerned ( 2 ). This
approach has been confirmed, in general terms, in the
Commission 's guidelines on state aid for environmental
purposes ( 3 ). Beyond that, the Commission has no
information that the German authorities intend to grant
subsidies in order to overcome the effects of ecological
damage which might occur due to future lignite mining in
the Niederlausitz area . However, all State aid which might
be granted in the future will have to be examined on a case
by case basis, as is the situation for all other industries,
according to the regulations in force .

4 . The Commission proposal consists of a broadly-based
market incentive to limit C0 2 emissions and improve energy
efficiency, which covers all energy products . If specific
products are exempted, market distorsions will arise, as
exempted products will receive a clear competitive
advantage . Moreover, such exemptions will then be difficult
to eliminate in the future . However, the Commission will
only be able to comment fully on this question after the
introduction of a C0 2 energy tax, since essential
characteristics such as the final level of the tax or possible
authorized tax exemptions still have to be discussed within
the Council and the Parliament .

5 . According to Directive 85 / 337 / EEC, an assessment of
the environmental impact is important if a project could
have a significant impact on the environment, by virtue of its
nature, location or scale . However, Member States have a
margin of discretion for projects concerning the extraction
of lignite by open-cast mining ( Annex II, point 2e, of the
Directive ), in deciding when these criteria are fulfilled . The
time span for the excavation therefore is only one element,
among others, which has to be considered .

6 . The competitive structure of the lignite industry in the
new Lander has to both be seen in a historical and in an

No C 36 / 6 Official Journal of the European Communities 13 . 2 . 95

industry-specific perspective . It could be argued that the two
companies Mibrag and Laubag enjoy a de-facto monopoly
for the extraction of lignite in their areas . However, this
situation originated from before the unification ; in addition,
it is typical in this kind of operation, as can be seen from the
other large lignite producers within the Community . In the
case of the companies mentioned above the Commission is
closely monitoring the activity of the ' Treuhandanstalt ' in its
privatization efforts, in line with the Community 's
competition regulations . The sale of Mibrag to a
multinational consortium has been completed and was
approved by the Commission under the Merger
Regulation ( 4 ). The privatization of Laubag is not yet
completed and the Commission is monitoring it in order
that it may be fully assessed when the necessity arises .

(M COM(92 ) 226 final .

Programme which was introduced in the last two years ) the
last specimens were confiscated and are at present being
cared for in a special centre in Fiorina .

WRITTEN QUESTION E-l 804 / 94

by Arie Oostlander ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 36 / 09 )

( 2 ) See 21st Report on Competition Policy, Point 249 .

( 3 ) OJ No C 72, 10 . 3 . 1994 . Subject : Equivalence of ' Fachschulingenieur ' and
( 4 ) See Article 6.1(B ) of decision IV / M / 402 PowerGen / NRG / ' Fachhochschulingenieur ' diplomas

Morrison Knudsen / Mibrag of 27 . 6 . 1994 ; OJ No C 189, 12 . 7 .

1994 and Press Release IP / 94 / 58631 of 28 . 6 . 1994 ;

WRITTEN QUESTION E-l 787 / 94

by Ursula Schleicher ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 36 / 08 )

Following German re-unification the Government of the
Federal Republic has made the ' Fachschulingenieur '
diploma of the former GDR equivalent to the
' Fachhochschulingenieur ' diploma of the Federal Republic .
Only citizens of the former GDR can benefit from this
ruling . Workers or persons who have completed a course of
engineering at advanced secondary level from other
Member States of the European Union are not covered by
these arrangements .

How do these arrangements relate to the Directive on a
general system for the recognition of higher-education
diplomas ( 89 / 48 / EEC (*))? In particular, does this constitute
discrimination on the ground of nationality ?

Subject : Dancing bears (!) OJ No L 19, 24 . 1 . 1989, p . 16 .

Is the Commission aware of the cruel methods used to train

dancing bears in Member States of the European Union ?

In which Member States of the European Union are dancing
bears still trained to provide popular entertainment ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 28 October 1994 )

According to information available to the Commission,
brown bears are no longer trained to dance in the
Community .

The last Member State to have dancing bears was Greece :
with help from the Commission ( the Life-Arctos

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 10 October 1994 )

In order to rely upon Council Directive 89 / 48 / EEC on a
general system for the recognition of higher education
diplomas awarded on professional education and training
of at least three years ' duration, a Community national must
hold either a ' diploma ' within the meaning of Article 1 ( a ) or
evidence of one or more formal qualifications within the
meaning of Article 3(b ). The ' Fachhochschulingenieur '
qualification, which is awarded upon successful completion
of a post-secondary course of at least three years ' duration at
an establishment of higher education and which shows that
the holder has the professional qualifications required for
the pursuit of a regulated profession is clearly a ' diploma ' for
the purposes of Directive 89 / 48 / EEC . The final
subparagraph of Article 1(a ) contains a provision relating to
so-called ' alternative routes ': is provides that any
qualification awarded by a competent authority of a

13 . 2 . 95 Official Journal of the European Communities No C 36 / 7

Member State, if it is awarded on successful completion of
education and training received in the Community and
recognized by a competent authority in that Member State
as being of an equivalent level and if it confers the same
rights in respect of the taking up and pursuit of a regulated
profession in that Member State shall be treated as a

' diploma ' for the purposes of the Directive . If these
conditions are met, i.e. if the ' Fachschulingenieur '
qualification, awarded in the former GDR is recognized by
the competent German authorities as being as an equivalent
level to that of the ' Fachhochschulingenieur ' and if it confers
the same rights, for example with regard to the use of a
professional title, it must be treated as a ' diploma ' for the
purposes of the Directive and holders of the qualification are
entitled to rely upon the terms of the Directive to obtain
recognition in other Member States .

If the provisions of national law in question limit the right to
obtain equivalence with the ' Fachhochschulingenieur '
qualification to those holders of a ' Fachschulingenieur '
qualification who possess German nationality, there is a
breach of Article 6 EC Treaty which forbids discrimination
on grounds of nationality . The Commission will accordingly
be asking the German authorities to supply it with the text of
the provisions cited by the Honourable Member in his
question .

countries of origin compensation for the leave they have not
had as a result of carrying out their electoral duty ?

Answer given by Mr Van Miert

on behalf of the Commission

( 16 November 1994 )

The provision governing special leave for elections in the
Court of Justice — and the other Community institutions —
are as follows :

( a ) One day 's special leave is granted and other staff
members who travel to vote in the elections listed below

if the election takes place on a working day :

— general ( legislative ) elections ;

— elections to the European Parliament ;

— presidential elections ;

— referendums ;

— elections in the German Lander, autonomous

regions in Spain, regions in Italy and other regions
with similar status ;

— local elections .

( b ) Entitlement to travelling time depends on the distance

WRITTEN QUESTION E-l 809 / 94 between the place of employment and the place of

by Cristiana Muscardini ( NI ) voting as follows :

to the Commission

(1 September 1994 )

( 95 / C 36 / 10 )

Subject : Provisions in force at the EC Court of Justice in

respect of leave in connection with elections

The provisions in force at the Court of Justice governing
leave in connection with elections appear to severely
penalize officials from more distant places . For example,
they put those who come from the Luxembourg border
( 60 km ) on the same footing as those who come from Como
or Aoste ( 600 km ). They eat into the holiday entitlement of
officials because they compel them to use up leave to carry
out their electoral duties as they do not take account of the
travelling time needed . They do not grant travelling time if a
weekend precedes leave taken before an election . Moreover,
elections involving a second ballot are not taken into
account when calculating the amount of leave .

In view of these considerations, can the Commission draw
up Regulations giving officials who go and vote in their

— from 50 to 600 km : 1 day

— from 601 to 900 km : 1,5 days

— from 901 to 1400 km : 2 days

— from 1401 to 2000 km : 2,5 days

— over 2000 km : 3 days

( c ) Special leave and travelling time ( ) are given only on
production of documentary evidence of having voted .
They will not be given where postal votes or voting
through diplomatic or consular representatives are
possible, provided this does not jeopardize the right of
officials and other staff to exercise their voting rights in
the event of other elections .

( d ) If there are two rounds of voting, officials and other

staff who travel for both rounds are entitled to

travelling time for both . To be given travelling time,
staff must go in person to the appropriate department
with proof of having voted, both between rounds and
after the second round . If they fail to do so until after
the second round, they will be given travelling time once
only .

No C 36 / 8 Official Journal of the European Communities 13 . 2 . 95

( e ) Travelling time will be divided in two, half being added
to the beginning of absence from work ( outward
journey ), the remainder to the end ( return journey ). If
special leave is preceded and / or followed by a short
period of annual leave, travelling time ( outward and / or
return journeys ) will be added to the beginning and end
of the combined absence . Moreover, if the total absence

( including travelling time ) is preceded and / or followed
by a weekend, it will be assumed that the journey

( outward and / or return ) was made over the weekend,
unless evidence to the contrary is produced by the
person concerned .

( f ) If special leave is preceded or followed by a period of
annual leave of 10 days or more, only half the travelling
time normally allowed in connection with special leave
will be granted .

Under these provisions, officials who wish to exercize their
right to vote in their country of origin despite having the
option of voting in their place of emploment are not entitled
to special leave .

The Commission — and the other institutions — feel that

the above provisions give officials ample opportunity to
exercise their right to vote freely .

(*) Travelling time is awarded even if the elections take place on a

Sunday or a holiday .

WRITTEN QUESTION E-l 833 / 94

by Mihail Papayannakis ( GUE )

to the Commission

4 . the Ecology and Environment Group of Chios objects
strongly to the planned project,

what will the Commission do, using the powers available to
it, to prevent damage to the environment in this case and
what specific steps will it take given that the
abovementioned activity infringes Directives 79 / 409 / EEC
and 85 / 337 / EEC ?

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

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

Answer given by Mr Paleokrassas

on behalf of the Commission

( 26 October 1994 )

Forest roads like the one to be built between Viki and

Kampia do not fall within the scope of Directive
85 / 337 / EEC ; Annexes I and II set out the types of road

( motorways, express roads and others ) which are subject to
an environmental impact study under the terms of Articles 2
and 4 of the aforementioned Directive .

The biotope to which the Honourable Member refers has
not been designated by the Greek authorities as a special
protection area under the terms of Directive 79 / 409 / EEC on
the conservation of wild birds .

Nor is it included in the inventory of areas of great
importance for the conservation of wild birds in the
Community .

(1 September 1994 ) WRITTEN QUESTION E-1836 / 94

( 95 / C 36 / 11 ) by Nel van Dijk ( V )

to the Commission

(1 September 1994 )

Subject : Forest road near Viki ( Kambia ) ( 95 / C 36 / 12 )

The competent Greek authorities are planning to build a
forest road near Viki in the Kambia district of Chios .

Bearing in mind that :

1 . the whole Kambia district ( from the Village of Viki to

Agiasmata in the west ) is an important biotope for
certain rare species of bird of prey such as Bonelli 's eagle
and the buzzard, which are protected under Directive
79 / 409 / EEC ( x ) and which will disappear if the road is
built ;

2 . the environmental impact study required by Directive

85 / 337 / EEC ( 2 ) has not been carried out ;

3 . if the road is built the landscape and the character of the
region will be altered, and

Subject : Promoting cycling as a sustainable mode of

transport

At the moment, a group of young people are cycling across
Europe to draw attention to the need for a sustainable
policy . They are doing so because integration of
environmerital considerations into other fields of policy
such as transport and trade, is still totally inadequate,
although the EC 's environmental policy continues to
develop .

Will the Commission promote a policy of working towards
sustainable transport by providing subsidies for studies into
possible ways of substituting bicycles for cars in urban
transport ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 9

Will the Commission reallocate to the bicycle industry a
proportion ( at least 10 % ) of the research and development
funding currently channelled to the motor vehicle industry,
so that it, too, has the benefit of fresh resources to make
far-reaching improvements to the century-old basic design
of the bicycle and so render this environmentally sound
mode of transport more attractive to the general public ?

Answer given by Mr Oreja
on behalf of the Commission

( 28 October 1994 )

The White Paper, ' the future development of the common
transport policy — a global approach to the construction of
a Community framework for sustainable mobility ',
published on 2 December 1992 (*), set out the
Commission 's policies and priorities on transport into the

next century .

In this paper, the Commission fully accepts the positive role
that can be played by both cycling and walking .
Encouragement and promotion of safe public transport and
support for local initiatives in favour of cyclists and
pedestrians to make a contribution to the quality of the
urban environment are therefore priorities for the common
transport policy in the year to come .

In recent years the Commission has funded studies of bicycle
safety and the carriage of bicycles on train, has contributed
towards the preparation of a good practice guide on cycling
in cities and has also contributed to the administrative costs

of several Velo-City conferences .

f 1 ) COMI92 ) 494 final .

WRITTEN QUESTION E-l 849 / 94

by Floras Wiisenbeek ( ELDR )

to the Commission

(6 September 1994 )

( 95 / C 36 / 13 )

Subject : Possible postponement of Betuwe line

1 . Is the Commission aware of the recently published
trade figures which show that the movement of goods
between the Netherlands and Germany is set to increase
considerably over the next few years ?

2 . Does the Commission appreciate that improvements
to transport links between the two countries are therefore
essential ?

3 . Can the Commission confirm that the construction of

the German link to the Betuwe line is not beset by any
significant problems and will therefore not be delayed, but
that, on the Dutch side, it is likely that the decision on the
route of the Betuwe line will be deferred ?

4 . Is the Commission aware that it now appears that the
line will not even reach the German frontier ?

5 . Can the Commission confirm that all the necessary
measures, including an EIA and a crossborder key planning
decision, were taken in advance, full account being taken of
the need for public consultation ?

6 . Does the Commission intend to bring pressure to bear
on the Netherlands Government to prevent further delays
and ensure that the required link is in place as soon as
possible ?

— If so, when ?

— If not, why not ?

Answer given by Mr Oreja
on behalf of the Commission

( 31 October 1994 )

On the basis of forecast traffic trends, the importance of the
transport connections between the Netherlands and
Germany is fully acknowledged by the Commission . For this
reason a number of links between the two countries have
been included in the different modal Trans-European
Networks ( TEN ) outline plans, as well as in the recent
proposal for a Parliament and Council Decision ' on
Community guidelines for the development of the
Trans-European Transport Network ' ( J ).

The Commission has been informed that a review of the

alignment of the Betuwe line project has proved necessary,
notably in the light of environmental constraints . This is
currently under way . However, the Commission is not
aware of any decision to modify the project as it was
presented to the European Council in Corfu further to its
inclusion in the first layer of the priority transport
infrastructure projects identified by the Christophersen
Group .

The Commission will certainly monitor the application of
all procedures required by Community law, notably with
respect to environmental impact assessment and public
tendering . The procedures required by national legislation
are monitored by the national authorities .

The role of the Community in transport infrastructure
policy is to provide general guidelines for the development
of the networks and to identify projects of common interest
in the framework of these guidelines . The implementation of
projects is up to the authorities of the Member States
concerned . The Commission does not intend to intervene in

the relevant Member States ' own decision-making processes

No C 36 / 10 Official Journal of the European Communities 13 . 2 . 95

unless actions which might infringe Community law are 2 . Does the Commission have grounds for expecting the
brought to its notice . numbers of illegally operating workshops in the

European Union to decrease or increase in the
H OJ No L 305, 10 . 12 . 1993 . foreseeable future ?

Joint answer to Written Questions

WRITTEN QUESTION E-1866 / 94

E - 1866 / 94 and E-l 870 / 94

given by Mr Flynn

van Putten ( PSE ) on behalf of the Commission

to the Commission

by Maartje van Putten ( PSE )

( 30 November 1994 )

(6 September 1994 )

( 95 / C 36 / 14 )
The Commission is well aware of the scale of illegal
operation of clothing factories in the various Member

practices in the clothing industry States . Indeed, as part of the social dialogue for the

textile / clothing sector, the social partners have considered

has tightened up the Law on this problem at some length .

Subject : Illegal working practices in the clothing industry

The Netherlands Government has tightened up the Law on
Employers ' Liability, so that, even in the illegally operating
sections of the clothing industry, a contractor may be held
liable for the payment of taxes and employees ' insurance
contributions payable by a sub-contractor in respect of
work contracted out . The unilateral introduction of

measures by EU Member States unintentionally results in
illegally operating clothing factories moving to
neighbouring countries .

1 . Can the Commission draw up a survey of the policy on
illegal working practices in the clothing industry in the
other Member States ?

2 . What possibilities does the Commission see for
coordinating the various Member States ' policies on the
basis of the Maastricht Treaty and its communication of
February 1994 0 ?

3 . Are there any prospects for drawing up a European
Directive on employers ' liability ?

(!) COM(94 ) 23 final .

WRITTEN QUESTION E-l 870 / 94

In this connection, the social partners updated in 1993 a
report entitled ' Underground economy and illegal working
practices ', which had been published in 1990 by the
Commission . One of the chapters of this report is devoted to
the measures taken in the Member States to combat illegal
working .

By its very nature, this problem is difficult to quantify, and it
is therefore impossible to make a forward study of it .

The Commission does not have any information about
factories operating illegally in the Netherlands moving to
neighbouring Member States .

Furthermore, the question of illegal working was placed on
the agenda for a meeting organized by the Council, from
which it emerged that most of the Member States consider
that this question is a matter of subsidiarity .

by Maartje van Puten ( PSE ) WRITTEN QUESTION E-l 868 / 94

to the Commission by Maartje van Putten ( PSE )

(6 September 1994 ) to the Commission

( 95 / C 36 / 15 ) (6 September 1994 )

( 95 / C 36 / 16 )

Subject : Illegal working practices in the clothing industry

Rough estimates indicate that there are 800 illegal clothing
workshops in the Netherlands employing a total of between

10 000 and 12 000 people . According to the estimates, the
Netherlands Government is losing F1 100 — 200 million
annually in contributions and taxes due from the illegally
operating sections of the clothing industry . Illegally
operating workshops are believed to be moving to
neighbouring countries as a result of the tightening up of
Dutch legislation and stepping up of investigative work .

1 . Is the Commission aware of the transfer of illegally
operating workshops from the Netherlands to Belgium
or elsewhere in the European Union ?

Subject : Integration of developing countries in the
international trading system

In its communication of June 1994 (*) on integration of
developing countries in the international trading system, the
Commission proposes that special incentive arrangements
should be incorporated into the GSP, with the aim of
promoting social progress and environment-friendly
policies . In addition to the social and environmental clause,
the incentive arrangements also include provisions relating
to intellectual property, the extent to which markets need to
be opened up to satisfy IMF criteria and the fight against
drugs .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 11

1 . Given its stated intention to make the GSP simpler and
more transparent, is the Commission not concerned
about a proliferation of procedures and rules ?

2 . How are the criteria to be established ? Are they to be

established in consultation with the beneficiary
countries ?

3 . In view of their special position and lack of resources,
will the Least Developed Countries be able to benefit
adequately from the incentives if other beneficiary
countries can more easily take advantage of the new
measures ?

(!) COM(94 ) 212 final .

WRITTEN QUESTION E-l 869 / 94

by Maartie van Putten ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 36 / 17 )

Subject : Integration of developing countries in the
international trading system

In its communication of June 1994 on the integration of
developing countries in the world trading system, the
Commission proposes in particular that aid be given in the
context of the GSP to the setting up of producer
organizations which can establish direct commercial links
with importers in the Community, thus paving the way
towards better social and environmental conditions .

When developing its proposal, will the Commission take
account of Parliament 's reports on fairness and solidarity in
North-South trade ( PE 152.325 / fin . and PE
206.396 / fin .)?

Is the Commission considering introducing and
safeguarding a quality mark for fair trade products, as
recommended in the Langer report ( PE 206.396 / fin .), on the
basis of which fair and equitable trade may enjoy
preferential treatment ?

Joint answer to Written Questions

E-l 868 / 94 and E-l 869 / 94

given by Mr Marin
on behalf of the Commission

( 21 October 1994 )

In its communication of 1 June 1994, the Commission laid
down the principles to be followed in the application during
the next ten-year period of the Generalized Scheme of
Preferences ( GSP ).

Subsequently the Commission adopted, on 7 September

1994 0 ), its proposal for the first triennial scheme to be
implemented with effect from 1 January 1995, and this is
currently before the Council for its approval, following the
opinion of the Parliament . This proposal has fully
transcribed into a legal proposal the principles laid out in the
communication of June .

Amongst the various provisions in the proposed scheme,
there are incentive clauses on social and environmental

policies . These clauses would be implemented as a
supplement to the general GSP to take into account the extra
costs incurred by beneficiary countries to implement such
advanced policies .

The criteria on which these clauses have been based are, for
the social clause, the application of the International Labour
Organization ( ILO ) Conventions, in particular, the
standards relating to the freedom of association and the
right to organize and to bargain collectively, and standards
relating to the minimum age for admission to employment .
For the environmental clause, the criteria set are those
objectives set out in international conventions on the
environment and in Agenda 21 . Initially, the incentive
arrangements would apply to tropical wood products from
forests which are sustainably managed in conformity with
the International Tropical Timber Organization ( ITTO )
standards .

The implementation of these new incentive clauses would
not, in itself, create new procedures, as it is more an
extension of the existing procedures . Once a beneficiary
country had declared that it complied with the criteria laid
out in the ILO conventions and expressed its desire to take
advantage of these clauses, the control would be on the basis
of a statement made on the Preferential Certificate of Origin
endorsed by the exporting beneficiary country 's authorities
and would be applied and controlled in a similar way to that
required by the rules of origin .

The special incentive regime for helping countries to fight
against drugs would not be based on the same mechanism,
as the Commission has simply proposed to continue the
existing special regime . Concerning intellectual property
rights, the Commission has not proposed a specific clause on
this subject in the first operational scheme . This will be
considered in the next operational scheme which will begin
in 1998 .

It is envisaged that the least-developed countries would
benefit from a total exclusion of duties under the proposed
GSP scheme ( as is currently the case ). Accordingly, they
already receive, and will continue to receive, a treatment
which is the most favourable possible . For that reason, the
least-developed countries will not take particular advantage
of the social clause . This is coherent with the basic concept
of a positive social clause, which is that the promotion of
social progress is first obtained by a minimum level of
economic development . Therefore, as the least-developed
countries have obviously not achieved this minimum level,
they first need to get the best treatment possible in the basic
GSP .

Within the context of the GSP, the Commission is not
intending to introduce, at this stage, a quality mark for ' fair
trade ' products, in order to benefit from further
preferences .

Nevertheless as stated in the communication of 1 June 1994,
the Commission is in favour of using other cooperation

No C 36 / 12 Official Journal of the European Communities 13 . 2 . 95

instruments for the promotion of equitable trade, a concept
which the Commission is favouring greatly . In that context,
the report of Mr Langer on this subject, has raised strong
interest in the Commission .

(!) COM(94 ) 337 .

the various proposals that have been put forward, there is a
scheme for a pipeline to be laid between the Crimean
Peninsula and Alexandroupolis, passing through the port of
Burgas .' If this plan goes ahead, the pipeline will be far
shorter than if any alternative scheme is adopted, and
approximately a third of the price . Are the Commission and
the European Investment Bank aware of this proposal ? If so,
how do they view it ?

WRITTEN QUESTION E-l 880 / 94 Answer given by Mr Oreja

by Rolf Linkohr ( PSE ) on behalf of the Commission

to the Commission ( 31 October 1994 )

(6 September 1994 )

( 95 / C 36 / 18 )

Subject : Environmental impact assessment for the TGV

Méditerranée

Can the Commission guarantee that the French authorities
are complying with Community legislation, in particular the
Directives on the conservation of wild birds ( Directive
79 / 409 / EEC ) ( x ), the conservation of natural habitats
( Directive 92 / 43 / EEC ) ( 2 ) and the need to carry out
environmental impact assessments ( Directive
85 / 337 / EEC ) ( 3 ), during the planning and construction of
the route for the TGV Mediterranee ?

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

( 2 ) OJ No L 206, 22 . 7 . 1992, p . 7 .
( 3 ) OJ No L 175, 5 . 7 . 1985, p . 40 .

In general, the Commission, with its policy of ensuring
security of supply, keeps very close track of the problems of
transporting oil in the region concerned .

It was indeed informed of the plan to build a pipeline to
transport crude oil from the Bulgarian port of Burgas to
Alexandroupolis in Greece .

The Commission believes that such a project could help
meet the growing need for means of trnsporting oil from the
Black Sea to the Mediterranean .

It should be noted that the Commission recently sponsored a
conference in Greece for the countries bordering on the
Black Sea and the Member States concerned by this
problem .

Answer given by Mr Paleokrassas

on behalf of the Commission WRITTEN QUESTION E-1911 / 94

( 10 November 1994 ) by José Happart ( PSE )

to the Commission

(6 September 1994 )

The Commission has received several complaints
concerning the TGV Mediterranee project . On the basis of ( 95 / C 36 / 20 )
the information given, it contacted the French authorities to
check that Community law was being correctly applied, in
particular the following Directives : 79 / 409 / EEC on the Subject : Beef and veal
conservation of wild birds, 92 / 43 / EEC on the conservation What is the situation on the beef
of natural habitats and 85 / 337 / EEC on environmental

impact assessment .

Subject : Beef and veal

What is the situation on the beef and veal market ?

How many tonnes of meat are currently being held in
storage ?

WRITTEN QUESTION E-l 88 1 / 94

by Alexandros Alavanos ( GUE )

to the Commission

(6 September 1994 )

What quantity does that represent per Member State where
the stocks are held, in terms of location and volume ?

Answer given by Mr Steichen

on behalf of the Commission

95 / C 36 / 19 ) ( 26 October 1994 )

Subject : Crude oil pipeline to the Mediterranean

The Commission will no doubt be aware of plans to lay a
pipeline to transport crude oil to the Mediterranean . Among

A balance between supply and demand has been
re-established on the beef and veal market since 1993, due
mainly to a significant decrease in production ( about 7 % ) in
that year .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 13

Apart from structural factors linked to the production cycle
and the increasing productivity of dairy cows ( as the quota
scheme places a ceiling on milk production the number of
dairy cows, and thus the production of calves, is falling year
by year ), the trend can be explained by the introduction, as a
result of the CAP reform, of a set of measures to control
production, i.e. limits on imports of calves and young cattle,
the introduction of quotas and a density factor for the grant
of subsidies and the establishment of weight limits for
carcases eligible for intervention .

The result has been a very significant fall in the amount of
unsold public stocks, which dropped from a record high of

1 089 000 tonnes equivalent carcase weight on 1 January
1993 to 230 000 tonnes at the end of August 1994 . Public
intervention has halted since mid-July 1993 for young cattle
and since mid-November 1993 for adult cattle, and the
decommitments have been facilitated by the Commission 's
highly active disposal policy .

More than 90 % of the total quantity of 230 000 tonnes is
stored in Ireland ( 150 000 tonnes ) and the UK ( 61 000
tonnes ). The remainder is shared between Italy (9 000
tonnes ), Denmark (6 000 tonnes ), Germany (3 000 tonnes )
and France (1 000 tonnes ).

these low concentrations no effects on human health are

expected .

However, the Commission is concerned about the possible
effect of sulphur in unleaded petrol on the performance of
the catalytic converter with regard to carbon monoxide,
total hydrocarbons, nitrogen oxides and benzene . Within
the context of the European auto-oil programme, the role of
sulphur in European cars equipped with catalytic converters
is therefore being examined . The results of the programme
will have an impact on the proposed legislation on measures
to reduce vehicle pollution for the year 2000 . If the results of
the auto-oil programme demonstrate the need to reduce
sulphur content, one of the related benefits would also be a
reduction in the unpleasant odour from the small quantities
of hydrogen sulphide emitted .

WRITTEN QUESTION E-1917 / 94

by Josu Imaz San Miguel ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 36 / 22 )

Subject : Drift nets
WRITTEN QUESTION E-1915 / 94

by Glyn Ford ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 36 / 21 )

Subject : Hydrogen sulphide emissions

To reduce sulphide emissions, which are created at varying
levels by different makes of car and catalytic converters, will
the Commission introduce standards at EU level to prescribe
maximum limits for sulphur content of unleaded petrol,
thereby encouraging reduction of possible pollutants at
source ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 21 October 1994 )

The Commission is aware that catalytic converters in petrol
driven cars can lead to emissions of hydrogen sulphide .
While the odour from this release is very unpleasant, only

small quantities of hydrogen sulphide are emitted and at

At its sitting of 17 December 1993 Parliament proposed a
ban on the use of drift nets . It also proposed that where a
Member State submits a reasoned request the Commission
should be able to authorize their use within the 12 mile limit

subject to regulations to be established on a case-by-case
basis .

The recent incidents between Community fishermen in
connection with the use of such nets and the evidence

presented and allegations made by fishermen, inspectors
and the Commission itself concerning the infringement by
the French fishing fleet of Community Regulations in force
concerning the use of drift nets to catch Atlantic bonito, and
the aggravating issue of the manifest failure of the French
authorities to carry out the obligatory controls in order to
ensure that no vessel carries or uses nets totalling more than
2,5 km in length, as required by current Community law,
add weight to Parliament 's initiative of December 1993 as
the only viable means of avoiding infringements of
Community Regulations and of international commitments
made by the Commission .

Can the Commission therefore say what measures it intends
to adopt in order to implement as a matter of urgency the
proposals put forward by Parliament in December 1993,
and what guarantees it can give in the meantime to ensure
that no vessel carries or uses nets totalling more than 2,5 km
in length, as required by current Community law ?

No C 36 / 14 Official Journal of the European Communities 13 . 2 . 95

Answer given by Mr Paleokrassas

on behalf of the Commission

( 13 October 1994 )

The Commission has done everything possible to ensure
correct application and full implementation by the national
control authorities of Community Regulations limiting the
length of driftnets to 2,5 km .

Commission fishery inspectors acting as independent
observers have been continuously present on board Member
States ' patrol vessels .

The level of control in this fishery this year is without
precedent ; up to eight Member State patrol vessels
simultaneously monitored tuna fishing on the high seas .

The Commission 's proposal (*) concerning any future use of
driftnets will be considered by the Council, as will the
opinion of the Parliament before the Council decides .

project was accepted for co-financing with a group of NGOs
comprising Baby Milk Action Coalition ( UK ), Wemos ( NL )
and Aktionsgruppe Babynahrung ( D ) for such activities on
the question of the implementation of the WHO code on the
marketing of breast-milk substitutes in order to protect
breast-feeding and infant health in developing countries .
The NGOs ' attention has been drawn to the Commission 's

policy on campaigning concerning individual companies :
such activities are excluded from this and from any other
project concerning infant foods as well as from projects
concerning other sectors of industry within the Community .
The NGOs ' contractual obligations require them to report
to the Commission on the use made of both Community and
matching funds in order to ensure that they are used in
conformity with the terms of their contract . The industry
has been informed about these conditions . The Commission

will closely follow this matter .

WRITTEN QUESTION E-1925 / 94
(M COM(94 ) 131 final .
by Johanna Maii-Weggen ( PPE )

and Petrus Cornelissen ( PPE )

to the Commission

( 12 September 1994 )

( 95 / C 36 / 24 )

WRITTEN QUESTION E-1918 / 94

by Caroline Jackson ( PPE )

to the Commission

(6 September 1994 )

( 95 / C 36 / 23 )

Subject : EU grant to Babymilk Action Coalition

Can the Commission confirm that it has, within the last two
years, given a grant to the Babymilk Action Coalition which
campaigns actively against baby food and baby milks, and,
if so, does the Commission not fear that such grants create a
precedent whereby other lobbyists may obtain EU funding
effectively to campaign against the interests of companies
trading in the EU ?

Answer given by Mr Marin
on behalf of the Commission

(9 November 1994 )

The Commission 's support to the activities of
non-governmental organizations ( NGOs ) involved in
development includes the co-financing of activities to raise
public awareness of development issues . The co-financing
criteria allow for activities designed to inform and educate
sectors of the public in the Member States on subjects
concerning developing countries . In 1993 a three-year

Subject : Approval of government support for Air France

1 . Can the Commission confirm that it has approved a
capital injection of FF 20 billion into Air France by the
French Government ?

2 . Is the Commission aware that the French Government

has been giving Air France considerable financial support
each year since 1991 ?

3 . Does the Commission believe that this approval can
stand the test of criticism up to the level of the European
Court of Justice and, if so, on what grounds ?

4 . Can the Commission indicate how it will monitor the
support measure and if it will ensure, throught the
appointment of an independent consultant, for example,
that the monitoring will be impartial ?

5 . How can the Commission prevent the injection of
capital into Air France from setting a precedent ? How will it
compensate other airlines that have financed their
restructuring from their own resources for the government
support received by Air France ?

6 . What guarantees does the Commission have that Air
France will not use the government support for its fare
policy at the expense of other carriers ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 15

Answer given by Mr Oreja
on behalf of the Commission

Answer given by Mr Oreja 4 . As regards the FF 20 billion aid to Air France, Article 2
on behalf of the Commission of the Decision provides that in order to ensure that the

( 31 October 1994 ) amount of the aid remains compatible with the common

market, the payment of the second and third instalments of
the aid shall be subject to the respect of all the conditions
and commitments received from the French authorities, and
significantly to the effective implementation of the
restructuring programme .
1 . On 27 July 1994, the Commission adopted a Decision
by which it declared that the aid of FF 20 billion in favour of
Air France to be granted in three instalments during the
period of 1994 / 1996 in order to allow for its restructuring, The Commission has to monitor the scheme . To that effect,
was compatible with the common market under the French Government will submit to the Commission at
Article 92(3)(c ) EC Treaty, subject to the respect of certain least eight weeks before the payment of the second and third
conditions, which ensure that the aid will not adversely instalments of the aid in 1995 and 1996 a report on the
affect trading conditions to an extent contrary to the progress of the restructuring programme .
common interest . This decision has been published in the

( 31 October 1994 )

The Commission has to monitor the scheme . To that effect,
the French Government will submit to the Commission at

least eight weeks before the payment of the second and third
instalments of the aid in 1995 and 1996 a report on the
progress of the restructuring programme .

Official Journal of the European Communities { l ).

The Decision also provides that the Commission will
appoint an independent consultant to help it to carry out its
It should also be pointed out that, on that same date the assessment .
Commission concluded that the subscription of FF 1,5
billion by the Caisse des Depots et Consignations ­
Participations ( CDC-P ) to the bonds issued by Air France 5 . The Commission made its approval conditional upon
was to be regarded as aid which besides having been granted the respect by the French Government of a number of
in breach of Article 93(3 ) EC Treaty, was incompatible with stringent commitments to prevent the aid from negatively
the common market, and therefore should be repaid . This affecting the competitive position of Air France 's
Decision has been published in the Official Journal of the competitors within the EEA . Most of these conditions
European Communities ( 2 ). restrict Air France 's commercial freedom with to its

2 . Besides the abovementioned Decisions, the
Commission adopted in November 1991 and July 1992 two
Decisions by which it decided that :

( a ) a FF 2 billion increase in the capital of Air France by the
French Government, and

( b ) the FF 1,25 billion subscription to ORA ( bonds
redeemable into shares ) of Air France by the Banque
Nationale de Paris and FF 2,6 billion subscription to
ISDI ( subordinated bonds of undeterminated duration )
by an international consortium of banks were to be
regarded as normal financial operations which did not
involve any elements of State aid under Article 92(1 ) EC
Treaty, in the light of the market economy investor
principle .

3 . The Commission adopted its Decisions of 27 July
1994 strictly following the procedure provided under
Article 93(2 ) EC Treaty, thus enabling all interested parties
to submit their observations . Both Decisions are extensively
reasoned and explain the reasons why the Commission
authorizes under certain conditions FF 20 billion aid, and
why the FF 1,5 billion subscription of the CDC-P cannot be
declared compatible with the common market . The
Commission therefore believes that both in terms of

substance and procedure they fully comply with
Community law .

5 . The Commission made its approval conditional upon
the respect by the French Government of a number of
stringent commitments to prevent the aid from negatively
affecting the competitive position of Air France 's
competitors within the EEA . Most of these conditions
restrict Air France 's commercial freedom with regard to its
fleet, the supply of seats and its price behaviour on European
routes . They also address certain issues in connection with
Orly airport, and require the French Government not to
interfere in the management of Air France for
non-commercial reasons, and not to use the aid to acquire
other air-carriers . All of these conditions constitute, in the
Commission 's view, an adequate compensatory justification
for the granting of the aid, in order to ensure that it does not
adversely affect trading conditions to an extent contrary to
the common interest .

The Commission Decision is in line with the general
approach of the Commission with regard to State aids in the
aviation sector, as laid down in new draft guidelines which
the Commission has sent for information to all Member

States and which will also be sent, after their adoption, to
Parliament .

6 . One of the conditions of the Decision is that Air France

will refrain from being price leader on the routes between
the EEA . This condition will avoid the aid being used to
implement an illegal price policy to the detriment of Air
France 's competitors .

0 ) OJ No L 254, 30 . 9 . 1994 .

( 2 ) OJ No L 258, 6 . 10 . 1994 .

No C 36 / 16 Official Journal of the European Communities 13 . 2 . 95

WRITTEN QUESTION E-1926 / 94

by Wilfried Telkamper ( V )

to the Commission

( 12 September 1994 )

( 95 / C 36 / 25 )

Subject : Progress of bridge construction between Scotland

and the Isle of Skye

According to my information, construction work has now
begun on the bridge between the Isle of Skye and Scotland,
despite the fact that not all the objections concerning the
incomplete EIA have been dealt with by the courts . The
threat to the local otter population associated with the
construction of the bridge has led to appeals being made to
the Commission and Parliament over the past year .

1 . Has the Commission contacted the British Government

about these objections ?

2 . To what extent does the British Government

acknowledge problems in carrying out the EIA ?

3 . Will the Commission continue to monitor this case ?

breeding sites or resting places . Depending on a number of
factors this provision might be relevant, but the
Commission lacks detailed information on this matter .

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

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

WRITTEN QUESTION E-1936 / 94

by Edward Kellett-Bowman ( PPE )

to the Commission

( 12 September 1994 )

( 95 / C 36 / 26 )

Subject : ' Taxe uniforme '

Will the Commission investigate the legality under
European Community law of the ' taxe uniforme ', which is a
tax levied against all British ferry passengers who enter
French ports by ferry, and whether, by not levying the ' taxe
uniforme ' on Channel Tunnel passengers, this tax
discriminates against ferries ?

Answer given by Mr Paleokrassas

on behalf of the Commission Answer given by Mr Oreja
on behalf of the Commission
( 17 October 1994 )

( 31 October 1994 )

The Commission considers that the procedures followed by
the British authorities met the requirements of Directive

85 / 337 / EEC (*) on the assessment of the effects of certain
public and private projects on the environment .

Construction of the Skye Bridge was not started until after
the completion of the environmental impact assessment as
required by the Directive . The fact that it commenced before
completion of the British statutory appeal processes is a
matter of national law and leaves no grounds on which the
Commission can intervene or address the national

authorities .

The implications for the otters of the Skye Bridge were not a
matter of Community competence at that time .

In June 1994 the Directive 92 / 43 / EEC on the conservation
of natural habitats and of wild flora and fauna ( 2 ) entered
into force and introduced an obligation for Member States
to establish a system of strict protection for otters among
other species, prohibiting deterioration or destruction of

The Commission is of the opinion that the tax in question,
which is an application of the principle of charging
infrastructure costs to users, should be examined in the
context of the non-discrimination and the proportionality
rules, as well as those related to the internal market,
including absence of formalities at internal borders and free
movement of goods and passengers .

Decree No 94-420 of 18 May 1994 of the French
Government, published in the Official Journal of the French
Republic of 28 May 1994, which modifies the tax rates on
passengers of ships visiting or leaving French ports, is not
incompatible with any of these principles .

The Commission does not think that a discrimination in

transport arises if a tax on transport users is not envisaged to
apply to the Channel Tunnel, given the different nature of
the services and terminals involved and the operator 's status
as a privately owned company .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 17

WRITTEN QUESTION E-1938 / 94 The procedure, in brief, is as follows :

by Luis Sa ( GUE )

to the Commission

( 12 September 1994 )

( 95 / C 36 / 27 )

Subject : Criteria for assessing Member States ' compliance

with their obligations

It has frequently been the case that the incorporation of
Directives into national law has remained a matter of

transcription alone, without actual effects .

This is particularly so as regards the environment . One may
cite as examples the Directives on the evaluation of surface
fresh water quality and the re-cycling of solid waste ; in
neither case is there any evidence that action has been taken
to change the situation in reality .

Can the Commission state :

1 . what criteria it employs to determine whether legislation

has been implemented, and what means it employs to
ensure that there are actual effects ;

2 . what procedure it intends to adopt where it establishes

that the legislation has not been implemented in fact ?

— the Commission informs the complainant that his letter

has been recorded in the Commission complaints
register and at the same time asks the Member State
concerned for the necessary information to assess the
complaint . Once the facts of the matter have been
established, the Commission takes a formal decision in
the year following receipt of the complaint . At this stage
there are two possibilities :

— either the Commission does not find any
infringement of Community law and so shelves the
procedure and informs the complainant ; the latter
may then put forward new facts or arguments which
may result in a new procedure ;

— or the Commission decides to proceed in accordance

with Article 169 of the Treaty establishing the
European Community and sends a formal letter to
the Member State in question .

For further information on Commission procedures and its
means of ensuring actual implementation of Community
directives by the Member States, the Honourable Member is
referred to the annual report on monitoring the application
of Community law, which is sent to the Parliament and
contains details of all these procedures .

Answer given by Mr Paleokrassas

on behalf of the Commission WRITTEN QUESTION E-1940 / 94

( 11 November 1994 ) by Luis Sa ( GUE )

to the Commission

( 12 September 1994 )

Under the terms of the Treaty establishing the European ( 95 / C 36 / 28 )
Community the Commission has to ensure that Member
States meet all the obligations arising out of Community
legislation . To this end, the Commission has various
powers, including the infringement procedure as set out in Subject : Situation of the Community
Article 169 of the Treaty . and conditions of

Subject : Situation of the Community institutions and terms

and conditions of employment of their officials

To assess compliance with the obligations arising out of
Community Directives, the Commission first of all checks
that the Member States have adopted and notified the
national measures required for their implementation ;
secondly, the Commission verifies the compatibility of these
national measures with Community legislation and judges
whether they allow the Member States fully to meet the
obligations incumbent on them as a result of the Directives ;
and finally, the Commission ensures that these national
measures are actually implemented in practice .

It is mainly individual complaints, written and oral
questions or petitions from MEPs submitted to the
Commission which highlight inadequate implementation of
Community law in the Member States . These are the main
sources of information for the Commission on the

insufficient or even the non-implementation of Community
Directives .

While the view is frequently heard that the Community
institutions are overstaffed, the contrary opinion also exists
that the human resources available are insufficient, despite
the recourse had to the national administrations for the

implementation of Community legislation and Decisions .

Certain aspects of the terms and conditions of Community
officials have also been criticised on various occasions, in
particular as regards salary levels and other aspects .

In view of the above, can the Commission state :

1 . how it views the present situation with respect to the
above aspects ;

2 . what studies, if any, are being carried out in this area,
and on the basis of what criteria ?

No C 36 / 18 Official Journal of the European Communities 13 . 2 . 95

Answer given by Mr Van Miert

on behalf of the Commission

(8 November 1994 )

The Honourable Member is referred to the Commission 's

reports to the Council and Parliament on :

— ' Recruitment requirements in the Community
institutions ' ( M,

— ' Application of Annex VII to the Staff
Regulations ' ( 2 ).

As a target-oriented administration, the Commission is
bound to remain modest in size . But having analysed its
departments ' needs in the face of its increasing workload, it
launched a multiannual plan — which is still running — to
rebuild its human resources base from its insufficient

level .

It is the Commission 's view that the remuneration of

European Community officials was fixed in accordance
with their living and employment conditions at the 1991
negotiations which culminated in the Council Decision on
the method of adjustment of remunerations ( Annex XI to
the Staff Regulations ) and the temporary contribution

( Article 66a of the Staff Regulations ).

The method was negotiated for the period to 30 June 2001,
and until that date it applies all adjustments of
remuneration, including basic remuneration, family and
other allowances .

significant effects on the environment ( such as the present
one ) are made subject to an assessment with regard to such
effects .

1 . What representations does the Commission intend to

make to the Spanish authorities to ensure the correct
application of Directive 79 / 409 / EEC and 85 / 337 /
EEC ?

2 . Can the Commission state whether this redevelopment
scheme affecting the left bank of the Guadiana river in
its course through Badajoz is being co-financed from the
European Regional Development Fund ( ERDF ) within
an operational programme for Badajoz ?

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

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

Answer given by Mr Paleokrassas

on behalf of the Commission

( 15 November 1994 )

Since the re-development scheme affecting the left bank of
the river Guadiana ( Extremadura ) was the subject of an
environmental impact assessment and the public concerned
had the opportunity to express its opinion in accordance
with the provisions of Council Directive 85 / 337 / EEC of
27 June 1985 concerning the assessment of the effects of
certain public and private projects on the environment, the
provisions of this Directive have not been infringed .

other allowances . The Commission would confirm that the project in question

is not being co-financed by the European Regional
0 ) SEC(92 ) 2520 . Development Fund .

( 2 ) SEC(93 ) 2116 .

WRITTEN QUESTION E-l 942 / 94

by Laura González Alvarez ( GUE ), Alonso Puerta ( GUE )

and María Sornosa Martinez ( GUE )

to the Commission

WRITTEN QUESTION E-1944 / 94

by Carmen Fraga Estévez ( PPE )

and Miguel Arias Canete ( PPE )

to the Commission

( 12 September 1994 )

( 12 September 1994 ) ( 95 / C 36 / 30

( 95 / C 36 / 29 )

Subject : Biological stoppage period in the Moroccan

Subject : Environmental damage to the Guadiana river

( Badajoz, Spain )

The Guadiana river, which is the main natural haven in the
city of Badajoz, is currently endangered by work being
carried out on an 850-metre stretch of its course through the
city . This scheme for re-developing the left bank of the river
will cause irreparable ecological damage in what is a nesting
area for protected birds ( the little egret, the bittern and the
night heron ) under Directive 79 / 409 / EEC (').

Article 2 of Directive 85 / 337 / EEC ( 2 ) on the assessment of
the effects of certain public and private projects on the
environment requires the Member States to adopt all
necessary measures to ensure that projects likely to have

fishing ground allocated to the black hake fleet

The Community 's black hake fishing fleet operating in the
Moroccan fishing ground is faced with a severe problem, in
that July and August, the two months set aside in the
fisheries agreement for the biological stoppage period, are
not in fact the most suitable months for this purpose ; the
black hake reproduces during the winter months, which
would therefore be the most suitable period for suspending
activity .

Does the Commission not consider it desirable to request
Morocco, via the joint committee, to change the months
allocated for the biological stoppage period, with a view to
actually achieving the stated objectives of protection and
recovery of stocks ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 19

Answer given by Mr Paleokrassas

on behalf of the Commission

( 13 October 1994 )

At the January 1994 meeting of the joint committee, in view
of the way stocks have been developing, available scientific
data and the major socio-economic importance of certain
fisheries, the Community asked the Moroccan authorities to
adjust or reduce the biological stoppage period for certain
categories, in particular for trawlers fishing for black
hake .

Morocco has not yet responded positively to this

request .

transport in accordance with Council Regulation ( EC )
No 1164 / 94 ( J ) setting up the Cohesion Fund . The measures
mainly concern the management of the water supply, its
purification and quality control, soil erosion, waste
management and improvement of the urban
environment .

A list of projects approved by the Commission is being sent
direct to the Honourable Member and to Parliament 's

Secretariat .

The Commission cannot answer the question concerning
the regional distribution of projects since the aim of the
Fund is not regional development but the reinforcement of
economic and social cohesion between Member States .

There are no regional statistics on Cohesion Fund action .
The Commission has other financial instruments available

for regional development ( Structural Funds ).

The Commission is willing, at the request of the Member
States concerned, to submit to Morocco at the next joint for regional development (
committee meeting in January 1995 a proposal for changes
to the months during which biological stoppage applies . (!) OJ No L 130, 25 . 5 . 1994 .

WRITTEN QUESTION E-l 946 / 94

by Joaquín Sisó Cruellas ( PPE )

to the Commission

WRITTEN QUESTION E-l 950 / 94

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 12 September 1994 )

( 12 September 1994 )

( 95 / C 36 / 32 )
( 95 / C - 36 / 31 )

Subject : The Somport tunnel
Subject : The Cohesion Fund in Spain

The Commission has warned the Spanish Government that
it risks not receiving some 40% of the sum allocated to
Spain under the Cohesion Fund for the present year unless it
submits investment programmes relating to the
environment .

In view of this warning, how many projects has the Spanish
Government submitted in the environmental field ?

What is the budgetary allocation for each of these projects,
and what are the objectives involved ?

In what region or regions are the individual projects to be
implemented ?

Answer given by Mr Schmidhuber

on behalf of the Commission

( 18 October 1994 )

A number of reports have appeared in the Spanish and
French press stating that the Commission has frozen
financial aid to the construction of the Somport tunnel,
following an appeal to it by the ecological group ' Mountain
Wilderness '.

Is it true that the Community financial aid earlier granted to
the construction of the Somport tunnel has now been
frozen ?

If so, on what grounds has the Commission provisionally
suspended aid ?

As construction work has begun on the tunnel on both sides
of the Pyrenees, and given that it is essential that its
completion should not be subject to any delays, in view of its
importance for communications between the Iberian
Peninsula and France, when does the Commission expect
the joint funding arrangements to be reactivated ?

Answer given by Mr Oreja
on behalf of the Commission

The Spanish Government has submitted a great many
projects concerning the environment which the Commission ( 10 November 1994 )
is examining .

The amount of assistance requested for the projects is
sufficient to achieve an appropriate balance in 1994
between projects for the environment and those for

At present, there is no evidence to suggest that Community
financing for the construction of the Somport tunnel and its
access route has been frozen . In fact, the support granted
amounts to ECU 29 million and is divided between Spain

No C 36 / 20 Official Journal of the European Communities 13 . 2 . 95

( ECU 15 million ) and France ( ECU 14 million ); the first
instalment of 40 % was paid in 1991 . The second instalment
is due when 70 % of the work has been carried out .

However, following the new investigation prior to
declaration of the project 's public interest, the Commission
received a number of complaints about the inadequate
assessment of the effects of the project on the environment .
Given these allegations, the Commission asked the French
authorities for details regarding the implementation of
Directive 85 / 337 / EEC on the assessment of the effects of

certain public and private projects on the environment . In
the meantime building work on the Somport tunnel and its
access route was declared to be of public interest by decree
of 18 October 1993 . The response of the French authorities
has been examined in-depth . Since some aspects of the case
warrant more detail and more information and given that
Community texts other than Directive 85 / 337 / EEC have to
be taken into consideration in this matter, the Commission
has once again requested information from the French
authorities .

Further payments of Community funds for the construction
of the Somport tunnel and its access route are naturally
dependent on the conclusions of the appraisal of complaints
about this project . The Commission attaches particular
importance to compliance with Community Regulations
and procedures as regards the authorization of projects
which could have a significant impact on the environment
and will not make any further payments without having
received the necessary assurances .

WRITTEN QUESTION E-1953 / 94

by Lucio Manisco ( GUE )

to the Commission

( 12 September 1994 )

( 95 / C 36 / 33 )

Subject : Abuse of dominant position by Fininvest-R.T.I.

On 16 February 1994 Adusbef ( an Italian consumer body )
submitted to the Italian Monopolies and Mergers
Commission and, for information, to the European
Commission a complaint alleging abuse of a dominant
position in the field of broadcasting, publishing and
advertising by the Fininvest-Berlusconi-R.T.I. Group .

1 . Can the Commission explain why it has so far not
acknowledged receipt of this complaint ? .

2 . Can the Commission say what steps it intends to take, as
a matter of urgency, on the abuse of a dominant position
referred to in the Adusbef complaint ?

Answer given by Mr Van Miert

on behalf of the Commission

( 28 October 1994 )

1 . On 16 February Adusbef filed an ' esposto ' with the
' Garante della Concorrenza e del Mercato ' against the
Fininvest group alleging an abuse of a dominant position by
the latter . A copy of this ' esposto ' was sent for information
to the ' Garante per la Radiodiffusione e l'Editoria ', to the
' Ministro delle Poste e delle Telecommunicazioni ' and to the

Commission 's Directorate-General for Competetion .

Since the Commission received a copy of the ' esposto ' for
information only, without any action by the Commission
being requested, the Commission did not find it necessary to
react to the letter .

2 . The Commission does not intend to take any urgent
measures, since there are no sufficient grounds for finding
an infringement of the Community competition rules .

A possible abuse of a dominant position of the Fininvest
group ( especially predatory pricing for advertising ) alleged
by a large number of complainants was as early as 1992 the
subject of proceedings before the ' Garante della
concorrenza e del mercato ' and before the ' Garante per la
Radiodiffusione e l'Editoria '. However, as appears from the
latter 's decision of 7 May 1 992, abusive practices were never
proved despite the two authorities ' comprehensive
investigations . In particular, the complainants — among
them Fininvest 's most important competitors in the print
media market — were not able to provide any concrete
evidence for the alleged practices or to substantiate their
complaints .

In the absence of substantiated and detailed indications of a

possible infringement, the Commission does not think it
appropriate to take any urgent measures or to carry out
investigations with a view to fishing for evidence . The use of
the power of investigation with which the Commission is
entrusted is appropriate only when there are sufficient
elements to justify particular steps, which in the
Commission 's opinion is not the case here .

WRITTEN QUESTION E-1954 / 94

by Leen van der Waal ( EDN )

to the Commission

( 12 September 1994 )

95 / C 36 / 34

Subject : ' Europe against AIDS ' campaign

In May 1994 ' Europe against AIDS ' launched, in
cooperation with the Commission, a summer AIDS
prevention campaign to back up the Member States '
information campaigns in this sphere .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 21

This campaign focuses entirely on technical aspects : those
who take the right precautions do not run any risks . The
premise is obviously the achievement of free sexual
morals .

Did the Commission not consider it appropriate to make its
support conditional on the campaign pointing out that the
best protection against AIDS is fidelity within marriage
between husband and wife in accordance with God 's

commandments ?

Answer given by Mr Flynn
on behalf of the Commission

( 21 November 1994 )

The Commission did make a financial contribution to a

summer campaign to provide the people of the Community
with information on HIV / AIDS prevention methods but is
not expected to take a stand on moral principles or religious
beliefs . Nevertheless, the principle of fidelity to which the
Honourable Member refers is relevant and is implicit in the
information provided during the campaign in question .
Such information is not, in any event, designed to promote
free sex .

WRITTEN QUESTION E-l 962 / 94

by Christine Oddy ( PSE )

to the Commission

( 12 September 1994 )

95 / C 36 / 35

Subject : 1992 guidelines for State aids granted to SMUs

How many notifications of State aids for SMUs has the
Commission received since it published its guidelines in

1992 ?

How many complaints of State aids for SMUs has it received
since 1992 ?

What is the breakdown by country for notifications and
complaints ?

Answer given by Mr Van Miert

on behalf of the Commission

( 26 October 1994 )

Between 19 August 1992, the date the SME aid guidelines
were published, and 31 July 1994 the Commission
approved 109 schemes or individual awards of assistance
for small and medium-sized enterprises . In 103 cases the

planned aid had been notified and in the other five it had
not . The schemes varied widely in size and spatial coverage .
The figures do not include aid for SMEs under schemes
serving other purposes such as regional development, R&D,
the environment and energy conservation, job creation,
training, or particular sectors of industry such as tourism,
agriculture or transport . Nor are schemes co-financed by the
Community Structural Funds included . A breakdown of the
figures by Member State and year is given below . For further
details the Honourable Member is referred to the

Commission 's Twenty-second and Twenty-third Reports
on Competition Policy .

The Commission cannot give figures for the number of
complaints specially relating to aid for SMEs . While some
complaints do relate to aid granted to smaller companies, it
is not always possible to identify them as SMEs . Complaints
levelled specifically at aid schemes for SMEs are rare .

1992

Member State

( 19 August —
31 December )

1993 1994

Belgium 1 8 8

Denmark — 1 —

Germany 6 14 7

Greece — — —

Spain 2 19 5

France — 1 1

Ireland 1 — —

Italy 2 8 —

— — —
Luxembourg

Netherlands — — —

Portugal — 3 1

United

Kingdom 10 6 4

Total 22 60 26

WRITTEN QUESTION E-1968 / 94

by Christine Oddy ( PSE )

to the Commission

( 12 September 1994 )

( 95 / C 36 / 36 )

Subject : Methyl bromide and the ozone layer

Is the Commission aware that a large body of scientific
opinion challenges the link between methyl bromide and the
depletion of the ozone layer ?

Does the Commission support the inclusion of methyl
bromide on the Montreal Protocol of prescribed
substances ?

No C 36 / 22 Official Journal of the European Communities 13 . 2 . 95

Answer given by Mr Paleokrassas

on behalf of the Commission

( 12 October 1994 )

The Commission is not aware of any scientific body of
opinion which would question the fact that methyl bromide
is a chemical which contributes to the depletion of the ozone
layer .

Such a classification was established using, among other
sources, the information contained in the methyl bromide
science and technology and economic synthesis report of the
United Nations, dated 25 June 1992 . The classification was
then formalized during the negotiations for the second
amendment to the Montreal Protocol, that took place in
Copenhagen in November 1992 .

Therefore the international consensus, as expressed in the
Montreal Protocol, is that methyl bromide does contribute
to the depletion of the ozone layer and should,
consequently, be subject to production and use restrictions .
The Community as a Contracting Party to the Montreal
Protocol takes the same view .

Furthermore before proposing or agreeing to controls,
within the Community, on the production and consumption
of any chemical the Commission seeks the views of experts
from the Member States .

The existing EU-US cooperation agreement which dates
back to the late 1950s, has been the basis for fruitful
co-operation in the use of nuclear energy and extensive trade
in nuclear items for more than three decades . The agreement
expires at the end of 1995 . Both the US and the Community
wish to maintain a close cooperation .

The negotiations have reached a large measure of agreement
but a number of key issues, resulting from differing
operational or legal approaches, remain to be resolved .

During the last session, the negotiating teams were able to
clarify their positions on the main issues and to make
progress in other areas . On the subjects not yet resolved,
mutual problems were discussed and ideas exchanged on
how to solve them . The two negotiating teams will continue
to explore actively the possibilities of solving the remaining
difficulties .

Further negotiations are expected to take place later this
year . Both sides recognize the importance and priority of
reaching agreement as early as possible in 1995 .

WRITTEN QUESTION E-1978 / 94

by Glyn Ford ( PSE )

to the Commission

( 12 September 1994 )

WRITTEN QUESTION E-1976 / 94 ( 95 / C 36 / 38 )

by Alex Smith ( PSE )

to the Commission
Subject : Seat belts in coaches

( 12 September 1994 )

95 / C 36 / 37
In the light of growing public concern, particularly by
parents of schoolchildren, is the Commission proposing to
require the fitting of seat belts in coaches and minibuses ?
Subject : Euratom-US nuclear cooperation agreement

What negotiations have taken place between the
Commission, on behalf of the EU under the provisions of
Article 226 of the Treaty on European Union, and the
United States Government on the update and extension of
the Euratom-US Nuclear Cooperation Agreement ?

Answer given by Mr Oreja
on behalf of the Commission

( 31 October 1994 )

Negotiations between Commission and US officials in
accordance with Directives of the Council approved in
December 1991 and in accordance with Article 101

Euratom Treaty ( Article 226 EC Treaty is not relevant in this
context ) have taken place since April 1992 .

Answer given by Mr Bangemann

on behalf of the Commission

( 17 October 1994 )

On a number of occasions in recent years the Commission
has attempted to introduce proposals to require the fitting of
seat belts in all seating positions of buses and coaches

( except those with places specifically designed for standing
passengers ) by amendments to the three relevant Directives

( 77 / 541 / EEC — seat belts ; 76 / 115 / EEC — belt anchorages ;
75 / 408 / EEC — strength of seats ). On each occasion,
however, there has been insufficient support from Member
States when the subject has been raised at meetings of the
motor vehicles working group . The principal reasons for the
lack of support from Member States were that, in general,

13 . 2 . 95 Official Journal of the European Communities No C 36 / 23

the whole question of bus and coach safety should be
addressed and, in particular, the technical requirements for
seat belts should be thoroughly examined .

The Commission reported to the Internal Market Council of

10 March 1994 upon its overall approach to enhance the
safety of bus and coach passengers . A new Directive would
be prepared covering the requirements for the construction
of buses and coaches, including aspects such as roll-over
strength and the number and size of exits . A research
programme would be undertaken to examine the technical
requirements for seat belts . This programme has now
started and results will be available by the end of the year .
On the basis of the findings of this research the Commission
will present, at the earliest possible opportunity, proposals
to amend the Directives concerned .

It should be pointed out, however, that these Directives
relate to the type approval of new vehicles and that until
mandatory whole vehicle type approval for buses and
coaches comes into effect, Member States are not obliged to
enforce these Directives nationally . Under the terms of the
EC Treaty, however, they must allow free circulation of
vehicles manufactured elsewhere in the Community that
comply with the requirements of the Directives .

WRITTEN QUESTION E-l 980 / 94

by Hiltrud Breyer ( V )

to the Commission

( 12 September 1994 )

development of the trans-European transport network,
which was adopted by the Commission on 29 March

1994 ( J ), Saarbriicken airport has been included in the
trans-European airport network as an accessibility point
and therefore qualifies as an airport of common interest in
accordance with Article 129 EC Treaty .

The objective of the guidelines for the trans-European
airport network is to ensure that airport capacity can meet
present and future demand, while taking due account of
capacity, safety and environmental requirements . In order
to achieve this objective priority actions have been defined
for each type of component so as to ensure the development
of the network .

In t-he case of accessibility points such as the Saarbriicken
airport, only projects aiming at the enhancement of existing
capacity or at the enhancement of airport safety and security
would be eligible . Indeed, the density of the existing
network is sufficient to respond effectively to the growth in
demand for air transport over the next ten years . For the
development of new capacity priority is to be given to
airports defined as Community or regional connecting
points, so as to provide the trans-European airport network
with a solid core of airport capacity . In the case of
Saarbriicken the neighbouring airports of Luxembourg,
Frankfurt and Stuttgart ( Community connecting points )
and Strasbourg and Bale-Mulhouse ( Regional connecting
points ) provide sufficient capacity to cope with growing
demand in the area .

The European regional development fund does not
participate in the financing of the extension of Saarbriicken
airport .

( 95 / C 36 / 39 ) (M COM(94 ) 106 final .

Subject : Saarbrücken Airport development prospects

What view does the Commission take of the development of

Saarbriicken Airport, bearing in mind its proximity to
neighbouring European airports such as Stuttgart, Basel,
Strasbourg, Nancy-Metz, Luxembourg, Hahn and
Frankfurt, and especially as regards the connection of
Saarland to the TGV / ICE network and extension of the

Saarbriicken-Luxembourg motorway ?

Does the Commission think the use of money from
European funds for the expansion of Saarbriicken Airport is
justified ?

Answer given by Mr Oreja
on behalf of the Commission

( 31 October 1994 )

In the framework of the proposal for a Parliament and
Council Decision on Community guidelines for the

WRITTEN QUESTION E-1982 / 94

by Hiltrud Breyer ( V )

to the Commission

( 12 September 1994 )

( 95 / C 36 / 40 )

Subject : Development plan No 441.11.00, ' Business park

to the north of Saarbriicken-Ensheim Airport '

Is the Commission aware that there are plans for a business
park on farmland to the north of Saarbriicken-Ensheim
Airport, and that the environmental impact assessment
required by EC-EIA 2.5 and German law is not going to be
carried out ?

What will the Commission do to ensure that the

environmental impact assessment does take place before
development work begins ?

No C 36 / 24 Official Journal of the European Communities 13 . 2 . 95

Answer given by Mr Paleokrassas

on behalf of the Commission

( 26 October 1994 )

Plans for business parks like the one to be built to the north
of Saarbriicken-Ensheim Airport do not fall within the
scope of Directive 85 / 337 / EEC i 1 ).

To overcome this loophole the Commission has included
this type of plan in the proposal for an amendment it
recently forwarded to Parliament and the Council ( 2 ).

(!) OJ No L 175, 5 . 7 . 1985 .
( 2 ) COM(93 ) 575 .

WRITTEN QUESTION E-1995 / 94

by Ole Krarup ( EDN )

to the Commission

( 19 September 1994 )

( 95 / C 36 / 41 )

Subject : Bridge between Denmark and Sweden

A court case is currently under way in Denmark concerning
the significance to the planned bridge over the 0resund
between Copenhagen and Malmo of Council Directive
85 / 337 / EEC ( x ) of 27 June 1985 on the assessment of the
effects of certain public and private projects on the
environment . It appears from the decision of 1 July 1994
that the Danish Government which, since it is
commissioning construction, is a party to the case, takes the
view that the project has not been finally agreed in the sense
that a choice still has to be made between a number of

projects, so that the impact on the marine environment
cannot yet be assessed . In view of the fact that, three years
after adoption of the Law on Civil Engineering Projects
( Law No 590 of 19 August 1991 ), a project has still not been
' finally agreed ', would the Commission please state to what
extent any bridge construction project may be regarded as
agreed ' in detail ' pursuant to Law No 590 of 19 August
1991 .

specific act of national legislation, since the objectives of this
Directive, including that of supplying information, are
achieved through the legislative process .

In examining the complaints the Commission took into
consideration the question of whether the abovementioned
bill did comply with the requirements in Article 1,
paragraph 5 . This question was thoroughly discussed with
the Danish authorities who declared that the explanatory
memorandum in the bill was binding on the Danish
Government, that changes in the project would be presented
for the Danish Parliament if these changes went beyond the
preconditions for the Parliament 's adoption of the bill and
that the Danish Parliament would be involved in further

decisions as described in the explanatory memorandum .

The bill and later the act empowered in paragraph 15 the
Minister for traffic to lay down the final routing of the fixed
link . In connection with the adoption in the Danish
Parliament (*) the Minister for traffic committed the Danish
Government to hold hearing before the final elaboration of
the link, the access roads and laying down of the objectives
for the environment ( paragraph 4 of the bill ). Those
hearings would be held under the principles contained in
Directive 85 / 337 / EEC .

Based on those commitments the Commission decided not
to pursue this matter any further and closed the complaint
files in November 1992 .

i 1 ) Tilføjelse til tillægsbetænkning over forslag til lov om anlæg af

fast forbindelse over Øresund, afgivet af Trafikudvalget den
13 august 1991 .

WRITTEN QUESTION E-1996 / 94
by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

( 19 September 1994 )

( 95 / C 36 / 42 )

Subject : Liability of suppliers of services

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

Can the Commission state whether it intends to submit the
Directive concerning the liability of suppliers of services in
the near future ? If so, on what date ?
Answer given by Mr Paleokrassas

on behalf of the Commission

(3 November 1994 )
Answer given by Mrs Scrivener

on behalf of the Commission

The Commission received in 1991 / 92 a number of ( 13 October 1994 )
complaints alleging that Directive 85 / 337 / EEC was not
complied with before the Danish Parliament passed a bill on
the 14 August 1991 for construction of a permanent link On 23 June 1994 (*) the
across the 0resund .

Article 1, paragraph 5 states that the Directive shall not
apply to projects the details of which are adopted by a

On 23 June 1994 (*) the Commission adopted a
communication to the Council and Parliament on new

directions on the liability of suppliers of services . This
Communication implies withdrawal of the proposal for a
Directive of 1990 .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 25

The Commission will continue its work on three fronts :

— improvement of consumer information

— preparation of texts specific to certain sectors where a

special need may be identified

— support for initiatives in regard to access to justice .

(!) COM(94 ) 260 final .

WRITTEN QUESTION E-2001 / 94

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

( 19 September 1994 )

( 95 / C 36 / 43 )

Subject : Medallus and desertification in the Mediterranean

basin

Can the Commission supply further information on this
project ?

Answer given by Mr Ruberti
on behalf of the Commission

( 19 October 1994 )

Community . It puts heavy emphasis on those provisions of
the Treaty which concern the development of
trans-European networks and economic and social
cohesion . It also requires full attention to be paid to action
which will protect the environment .

The Commission 's initiatives for the port sector are fully in
line with this policy . Its proposal for Community guidelines
for the development of a trans-European transport network
includes an element for ports . This sets out requirements for
specifying projects of common interest in ports and in
relation to ports . It includes specific objectives relating to
strengthening cohesion with islands and remoter regions
and to supporting the principle of sustainable mobility by
promoting short sea shipping . Short sea shipping is one of
the most environmentally friendly modes of transport, and
the Commission is following a programme for fostering its
development .

WRITTEN QUESTION E-2017 / 94

by Hugh McMahon ( PSE )

to the Commission

( 22 September 1994 )

( 95 / C 36 / 45 )

The Commission has published four brochures on the Subject : Disabled people's access
Medalus Programme .

Copies of these brochures are being sent direct to the
Honourable Member and to Parliament 's Secretariat .

Could the Commission please state what steps it is taking to
improve environmental access for disabled people to
Commission buildings ?

WRITTEN QUESTION E-2002 / 94 Answer given by Mr Van Miert
on behalf of the Commission
by Carmen Diez de Rivera Icaza ( PSE )
( 14 November 1994 )
to the Commission

( 19 September 1994 )

( 95 / C 36 / 44 )

Subject : Common port policy

What plans does the Commission have for integrating a
common port policy into the common transport policy, in
response to the repeated requests made in this connection by
the European Parliament ?

Answer given by Mr Oreja
on behalf of the Commission

( 20 October 1994 )

The common transport policy seeks to promote balanced
and sustainable development and mobility in the

When the Commission rents new buildings it requires the
owners to monitor and conform to the relevant Belgian
standards and at all events to provide suitable access for
disabled people . The Commission checks that these
requirements are met .

When requested, Commission departments take action in
respect of the rented premises in general and, whenever
necessary, in the case of particular forms of disability .

In 1993, a study of access to buildings for disabled people
was made and a list of work to be done was drawn up . The
work has continued throughout 1994 and is now nearing
completion .

No C 36 / 26 Official Journal of the European Communities 13 . 2 . 95

WRITTEN QUESTION E-2019 / 94

by Mihail Papayannakis ( GUE )

to the Commission

( 22 September 1994 )

( 95 / C 36 / 46 )

Subject : Coastal fishing vessels

Many coastal fishermen in Greece are protesting that when
they refit their vessels the Ministry responsible grants them a
licence to operate using an engine with a maximum of 15
horsepower . However, for a vessel which can be up to 6
metres in length between perpendiculars and 8 metres
overall, this level of power means that the engine burns out
in a very short time, and in bad weather there could be a
serious risk of accident, since a ship with such a small engine
is virtually unmanoeuvrable . In answer to these complaints,
the Ministry pleads Community restrictions . It should be
pointed out that those who do not refit their vessels and have
powerful engines ( often 90 HP or more ) are not considered
to be in breach of regulations, while those who wish to refit
their old vessels are .

1 . Are such restrictions actually in force ?

2 . Does the Commission consider them to be practicable,
reasonable and suitable for the operation of coastal
fishing vessels in order to guarantee the safety of
fishermen, or is it necessary to amend the provisions
concerned ?

3 . Would it be useful to check on the way these provisions

are implemented in Greece ?

Answer given by Mr Paleokrassas

on behalf of the Commission

the provisions of international conventions and existing
rules, and particularly the Community Directives on
safety, whether restrictions on power undermine
compliance with those rules . With regard to the
implementation of the multi-annual guidance
programmes, the Commission does not object to a
programme involving the replacement of engines in a
fleet segment made up of small vessels with more
powerful engines provided that the increase in power is
offset, if the programme so requires, by reductions in the
total number of vessels in the segment .

3 . The Commission naturally agrees with the Honourable

Member that it is useful to verify the procedures for
implementing the Community Directives on safety on
board vessels, particularly with regard to the installed
power, and will check whether Greece is applying those
Directives properly .

WRITTEN QUESTION E-2023 / 94

by Jannis Sakellariou ( PSE )

to the Commission

( 22 September 1994 )

( 95 / C 36 / 47 )

Subject : European identity card for use in emergencies

Does the Commission have any plans to introduce, in the
foreseeable future, a European identity card for use in
emergencies ? If not, why not ?

Answer given by Mr Bangemann

on behalf of the Commission

( 31 October 1994 ) ( 16 November 1994 )

Certain small fishing vessels must have their engines
replaced for safety reasons accepted by both the Greek and
Community authorities . However, this operation must be
carried out in compliance with the objectives of the
multi-annual guidance programmes which fix, per fleet
segment, increases in tonnage and power between 1992 and
1996 .

1 . The Community rules on structural measures do not

restrict the engine power of individual vessels .

2 . However, the Commission - may, under certain
circumstances, recommend such measures with a view
to the conservation of fishery resources . Indeed, such
measures have been taken by some Member States for
certain fisheries . As far as safety is concerned, each
Member State is responsible for assessing, in the light of

The Commission has been active in developing the concept
and the information content of the European emergency
health card . A paper version of it was adopted by a Council
resolution dated 29 May 1986 ( 1 ). The implementation
of the resolution in Member States has been however

slower than expected ( see communication from the
Commission ( 2 )). The Commission suggested in this
document a computerized health card for use in emergency,
but there has not so far been interest among Member States
to follow up this suggestion .

Nevertheless, under the RTD Third Framework
Programme, the concerted action ' Eurocards ' has been
established by the Commission to promote interoperability
of healthcare cards and harmonisation of solutions across

Europe . A pilot field trial on emergency cards is monitored
by the concerted action in four Member States ( Spain,
France, Ireland, Italy ).

13 . 2 . 95 Official Journal of the European Communities No C 36 / 27

In this context consideration is also being given to the means
by which the information relevant for an emergency card
can be combined with essential administrative information

in a new electronic version of the current El 11 form .

Within this framework, the co-ordination efforts of the
Commission have led to a published consensus amongst
national experts on technologies and on data content of the
administrative and emergency card . This work might
provide the necessary assistance for Member States aiming
at implementation . It should be clear however that the full
value of using a European computerized emergency card is
obtained only if everybody carries it and the electronic
information in the card can be read wherever an emergency
case is received .

í 1 ) OJ No C 184, 23 . 7 . 1986 .
( 2 ) SEC(89 ) 1628 .

WRITTEN QUESTION E-2026 / 94

by Jannis Sakellariou ( PSE )

to the Commission

( 22 September 1994 )

( 95 / C 36 / 48 )

Subject : Disrimination against nationals of other EU
countries in exercising their right to vote in the
European elections in Germany

According to Article 8b(2 ) of the Treaty establishing the
European Community, since the Maastricht Treaty on
European Union came into force every citizen of the Union
has been entitled to vote and to stand as a candidate in

elections to the European Parliament . According to
Directive 93 / 109 / EEC ( ! ) this takes due account of the
principle of non-discrimination between citizens of the
Union and is intended to ensure ' that all citizens of the

Union, whether or not they are nationals of the Member
State in which they reside, can exercise in that State their
right to vote and to stand as a candidate in elections to the
European Parliament under the same conditions '.

The implementation of voting rights for citizens of the
Union in Munich is being carried out without eligible EU
citizens who satisfy the formal requirements ( age, length of
residence in the host country ) being personally informed .
EU citizens are included in the electoral register only once
they have collected and delivered the relevant application
form in person .

This means that, unlike German voters, EU citizens who are
eligible to vote must take the initiative themselves in order

to

1 . be informed of the election date, and

What steps does the Commission intend to take in view of
this blatant discrimination ?

(!) OJ No L 329, 30 . 12 . 1993, p . 34 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 20 October 1994 )

1 . Article 8b(2 ) of the EC Treaty gives all Union citizens,
whether or not nationals of the Member State of residence,
the right to vote and to stand as candidates there in elections
to the European Parliament under the same conditions as
nationals .

However, the right established by Article 8b(2 ) to
participate in elections to the European Parliament in the
Member State of residence does not replace the right to vote
and to stand as candidate in elections in the home Member

State . Directive 93 / 109 / EEC laying down detailed
arrangements for the exercise of the right to vote and stand
as a candidate in elections to the European Parliament
respects that freedom of choice afforded to citizens of the
Union by enabling those not having the nationality of the
Member State of residence to exercise their right to vote
therein if they have expressed the wish to do so ( Article 8(1 )
of the abovementioned Directive ).

When expressing the wish to vote, it is necessary at the same
time to choose the Member State where the right will be
exercised . As elections to the European Parliament are
elections to a single institution, voting twice, once in the
Member State of residence and once in the home Member

State, cannot be allowed . Article 8 of the Act concerning the
election of the representatives of the Assembly by direct
universal suffrage ( Council Decision 76 / 787 / ECSC, EEC,
Euratom of 20 September 1976 ) specifically provides that
no one may vote more than once .

Consequently, the Commission does not share the opinion
of the Honourable Member that the need to express the wish
to vote can be regarded as discrimination against a citizen of
the Union . On the contrary, the need to express that wish
flows from a citizen 's right to decide independently the
extent to which he wishes to benefit from the integration
rights offered by the Treaty .

2 . The right to take part in elections to the European
Parliament as a non-national resident is an innovation . For

that reason, Directive 93 / 109 / EEC provides that Member
States inform non-national Union citizens of their rights in
good time . All the Member States conducted information
campaigns before the elections on 9-12 June 1994 . The
methods used varied considerably, both between Member
States and sometimes even within a single Member State .

2 . be included in the electoral register, which requires up to The Commission will be carrying out a more detailed
two visits in person to the relevant offices . assessment for the report it is required to submit by

No C 36 / 28 Official Journal of the European Communities 13 . 2 . 95

31 December 1995 to Parliament and the Council under

Article 16 of Directive 93 / 109 / EEC .

WRITTEN QUESTION E-2029 / 94

by Mihail Papayannakis ( GUE )

to the Commission

WRITTEN QUESTION E-2030 / 94

by Mihail Papayannakis ( GUE )

to the Commission

( 22 September 1994 )

( 95 / C 36 / 50 )

( 22 September 1994 ) Subject : 5 % tax in favour of local government
( 95 / C 36 / 49 ) organizations and consequences for competition

Subject : Misappropriation of public land and illegal
construction work

A department of the Technical Chamber of Thrace has
alleged that private individuals are carrying out large-scale
work, in an area of some 250 ha along the coastal zone of the
prefecture of Xanthi ( community of Avdira ) with the aim of
converting it into building plots and selling them for the
construction of holiday homes . The relevant services of the
Perfecture of Thrace ( such as the State Land Company )
describe this area as the former seashore .

In accordance with Article 26(6 ) of Law 1828 / 89 products
purchased by the consumer for home consumption from
patisseries, milk bars etc . ( shops and cottage industries ) are
subject to a 5 % municipal tax, while the same products are
sold by supermarkets and bakeries without the 5 % tax .

Given that :

Given that : 1 . Article 129a of the Treaty on European Union provides
that the Community shall contribute towards
1 . Almost the whole region in question is protected under establishing a high level of consumer protection ;
the Ramsar Convention ;

2 . According to studies commissioned by the Ministry of
the Environment, Regional Planning and Public Works
on land usage, this region consists of wetlands,

will the Commission say whether it intends to ask the
relevant Greek authorities to put an end to all work being
carried out in this area and to request that the studies on
land use in the coastal area of the prefecture which contains
rare wetlands should be completed ?

2 . The levy of this consumer tax in addition to VAT means

that products in shops cost the same as products served
to customers and also leads to unfair competition as
regards the treatment of certain undertakings vis-a-vis
other undertakings with which they are in competition
and which sell the same products without being subject
to the 5 % municipal tax ;

3 . The Treaty prohibits Member States from taking

measures resulting in different tax regimes for domestic
products ;
Answer given by Mr Paleokrassas

on behalf of the Commission

( 24 October 1994 ) 4 . 25 000 persons employed in this branch are directly
affected since the SMUs and cottage industries represent
72% of the private sector workforce in Europe and
The coastal zone of Avdira ( prefecture of Xanthi ), is close to these are the undertakings that create most jobs ;
Lake Vistonis, Porto Lagos Lagoon, Nestos Delta and
Cumburum Lagoon that Greece has classified as Special
Protection Areas ( SPAs ), pursuant to Council Directive 5 . This measure will result in unfair competition which will
79 / 409 / EEC (*) on the conservation of wild birds . Without mostly benefit major undertakings and penalize
further details, no answer can be given about the impact of consumers purchasing goods from patisseries and milk
any action on the SPAs . bars

5 . This measure will result in unfair competition which will

mostly benefit major undertakings and penalize
consumers purchasing goods from patisseries and milk
bars,

The Commission will ask the Greek authorities to provide it
with information on the issue raised by the Honourable
Member .

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

will the Commission say whether it intends to make
representations to the relevant Greek authorities to amend
this law, as part of measures to ensure equitable conditions
for the development of free competition in the Greek
market, so as to eliminate imbalances and obstacles to the
development of free and fair competition ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 29

Answer given by Mrs Scrivener

on behalf of the Commission

Answer given by Mr Oreja
on behalf of the Commission

( 14 November 1994 ) ( 31 October 1994 )

The differential charging of a municipal tax on bakery
products depending on the premises where they are sold
does not constitute an infringement of Community tax
law .

In particular, the tax does not rank as a turnover tax — if it
did, it would be prohibited by Article 33 of the Sixth VAT
Directive ( 77 / 388 / EEC ) (*) — since it does not meet the
criteria laid down for that purpose by the Court of
Justice .

As regards the competition rules in the EC Treaty, these are
applicable only if trade between Member States may be
affected, and this does not seem to be the case in the matter
raised by the Honourable Member .

The Commission is not competent in this case, therefore, to
take action against the measure in question .

Article 40 of the Euratom Treaty states that the Commission
must periodically publish illustrative programmes
indicating in particular nuclear energy production targets .
The illustrative nuclear programme does not have a time
limit .

The next Community illustrative programme, which is
currently being prepared, is planned for the end of this year .
It deals with all areas connected to nuclear-based electricity
production, particularly the various options for the fuel
cycle, new technologies in nuclear reactors, environmental
and non-proliferation considerations and safeguards for
nuclear materials .

WRITTEN QUESTION E-2040 / 94

by Johanna Maij-Weggen ( PPE )

to the Commission

(!) OJ No L 145, 13 . 6 . 1977 . ( 22 September 1994 )

( 95 / C 36 / 52 )

Subject : Threat of famine in the Horn of Africa

1 . Is the Commission aware of the threat of famine in the

Horn of Africa ?

WRITTEN QUESTION E-2038 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 22 September 1994 )

( 95 / C 36 / 51 )

Subject : Scope of the next Community illustrative nuclear

programme

The nuclear programme for the next 40 years approved by
the Japanese Commission for Nuclear Energy at the end of
June focuses on meeting the country 's energy needs in a

post-Cold-War world in which both the demand for energy
and environmental concerns are growing .

Can the Commission indicate the timescale for the next

Community illustrative nuclear programme, which will
apparently finally be published by the end of this year ? Will
this document, like the Japanese programme, cover aspects
important in the long term, such as the recycling of nuclear
fuel, the promotion of RTD and peace agreements in this
field, particularly as regards the obligations deriving from
the Non-Proliferation Treaty ( NPT )?

2 . What actions have been undertaken by ECHO since
the first warnings from NGOs, the FAO and the WFP
concerning this imminent famine ?

3 . Will the fact that funds ( originally destined for other
programmes ) were rightly made available from the EDF for
emergency aid for Rwandan refugees jeopardize the aid
available for the Horn of Africa, or has the Commission set
aside further funds ?

4 . What is the Commission 's opinion of the Early
Warning System in view of the slow reaction by the
international donor community to the early warnings ?

Answer given by Mr Marin
on behalf of the Commission

(4 November 1994 )

The Commission follows on a continuous basis the food

supply situation in the Horn of Africa and employs to this
end specific food aid experts in Ethiopia, Eritrea and
Sudan .

No C 36 / 30 Official Journal of the European Communities 13 . 2 . 95

Whilst it is true to say that the Horn of Africa was
threatened earlier this year by famine, the rapid and
large-scale response by donors to warnings, in particular by
the Community, has led to sufficient food availability in the
region . To be more specific, the Community has supplied
the following tonnages during 1994 to countries in the
Horn :

— Ethiopia : 285 000

— Eritrea : 106 000

— Sudan : 76 000

These tonnages, which do not include bilateral allocations
by Member States, represent an estimated financial
commitment of ECU 120 million . As an example of the scale
of the operations involved, the Community commitment to
Ethiopia in 1994 alone represents 14 250 twenty tonne
lorryloads of food aid .

In spite of these enormous food-aid commitments by the
Community and other donors, the alarm bells started
ringing in Ethiopia in the summer on an assumption rather
than the reality . The assumption was that because the main
harvest at the end of 1993 was poor and that the Belg rains
in spring 1994 failed, then history was going to repeat itself .
The famine of 1984 was preceded by the same scenario .
However, in 1994 the main rains throughout the region
have been above average in both quality and quanity . These
rains, in Ethiopia for example, combined with an increased
acreage under plough and higher than average level of
fertilizer use have led to early expections of a good harvest at
the year end .

Furthermore, in order to have the most efficient use of
Community resources, it was agreed that ECHO would
cover non-food needs arising from the drought in the Horn
of Africa, namely supplementary or therapeutic feeding and
medical needs . Thus ECHO has on-going programmes in
Somalia ( amounting to over ECU 7 million so far for 1994 )
as well as nutritional-medical programmes in Kenya . For
Sudan, over ECU 18,5 million has been granted in 1994 for
victims of the drought and war . The allocations for both
Sudan and Somalia include the funding of air transport for
food and other humanitarian aid, together with the
personnel involved .

The Honourable Member may be assured that the crisis in
Rwanda had no detrimental effect on food aid assistance in
the Horn simply because these commitments had already
been made before the Rwandan tragedy had occurred
whereas ECHO funding for the Horn of Africa comes out of
funds other than those allocated for the Rwanda crisis, such
as unused past balances from EDF funds, the Commission 's
budget, etc . ...

WRITTEN QUESTION E-2043 / 94

by Gérard Deprez ( PPE )

to the Commission

(3 October 1994 )

( 95 / C 36 / 53 )

Subject : Interactive telecommunications in the field of

health care

Is the Commission currently investigating the social impact
of the wider use of data transmission systems in the medical
sector ?

Does the Commission not consider it necessary to give
thought to the implications of any developments affecting
the relationship between patients and health care personnel
which might result ?

What steps can it take to enable the European Union to
prepare for further developments affecting the functions
and areas of competence of health care specialists including
those outside the medical field as such ( computer interface
training for example )?

Has it given overall consideration to the instruments to be
used to maximize the benefits of new interactive

technologies as an instrument for strengthening and
improving health education and to make this instrument as
widely accessible as possible ?

Answer given by Mr Bangemann

on behalf of the Commission

( 11 November 1994 )

The Commission looked at the social impact of the wider
use of data transmission systems in the medical sector when
it implemented the programme on ' telematic systems in
areas of general interest ' as part of the third research and
development framework programme ( 1990-1994 ). A study
on the influence of data transmission on the relationship
between patients and primary health care personnel has
enabled the views of the best specialists in the field from all
the Member States to be collated . Another study highlighted
the problems encountered by those working in the medical
sector in densely populated areas and compared the options
for data transmission adopted by some of the big European
cities .

The change in the role and responsibilities of health care
specialists started with the ' concerted action ' approach in
areas as important as staff training and nursing .

These activities will be pursued and intensified in the
telematics application programme which is part of the

13 . 2 . 95 Official Journal of the European Communities No C 36 / 31

fourth research and development framework programme would allow it to continue its efforts to combat
( 1994-1998 ). Public health education features prominently discrimination against persons infected with HIV and those
in the working plan of the programme as one of the close to them ( 4 ).
objectives of future applications to be subsidized by the
Commission .
(!) OJ No L 175, 4 . 7 . 1991 .

( 2 ) COM(93 ) 453 final of 29 . 9 . 1993 .

( 3 ) OJ No C 213, 3 . 8 . 1994 .

( 4 ) COM(94 ) 413 final of 9 . 11 . 1994 .

WRITTEN QUESTION E-2044 / 94

by Gérard Deprez ( PPE )

to the Commission

WRITTEN QUESTION E-2045 / 94
(3 October 1994 )

by Gérard Deprez ( PPE )
( 95 / C 36 / 54
to the Commission

(3 October 1994 )

Subject : Measures to combat discrimination in the field of ( 95 / C 36 / 55 )

health care

What progress has been made in the Member States towards
introducing provisions to combat discrimination, as
referred to in the resolution by the Council and the Ministers
of Health of 22 December 1989 ?

Answer given by Mr Flynn
on behalf of the Commission

( 30 November 1994 )

The Commission is currently financing a survey of Member
State 's laws, regulations and administrative provisions
concerning discrimination against persons with HIV or
other infections which could give rise to discrimination . The
results are expected to be available by the end of 1995 .

The decision of the Council and the Ministers for Health

meeting within the Council, adopting a plan of action for

1991-1993 within the framework of the ' Europe against
AIDS ' programme (*), provides for measures to combat
discrimination against persons infected with HIV and those
close to them . Furthermore, in its proposal for a Decision of
the Council and the Ministers for Health of the Member

States meeting within the Council concerning the extension
to the end of 1994 of the 1991-1993 plan of action within
the framework of the ' Europe against AIDS ' programme ( 2 ),
on which the Council adopted a common position on 2 June

1994 ( 3 ), the Commission made provision for funding to
enable it to study the situation concerning the
implementation of the anti-discrimination provisions
contained in the resolution to which the Honourable

Member refers .

Finally, the Commission has submitted a proposal for a
European Parliament and Council Decision adopting a
five-year Community action programme on the prevention
of AIDS and certain other communicable diseases within the

framework for action in the field of public health, which

Subject : Air transport facilities for the disabled

Can the Commission give an assessment of the extent to
which European airports are accessible for the disabled

( layout of infrastructures, boarding facilities, information
for the blind and deaf, etc .) and measures taken to resolve
any problems which may arise for them during flights

( removable armrests, etc .)?

Having identified their needs, can it give its views on the
desirability of Community action in this field ? Will it make
specific proposals in this area ?

Answer given by Mr Oreja
on behalf of the Commission

( 19 October 1994 )

The Commission is preparing a questionnaire on
accessibility achieved in all forms of transport in order to
establish an inventory which can be continuously
updated .

Among the measures set out in the Commission 's action
programme on accessible public transport ( x ) are ' rules
concerning all aspects of accessibility to and within airports
and aircraft . These will be based on the recent

recommendations of the European Civil Aviation
Conference ( ECAC ) and will cover access to airports by rail
and within airports ( including between air terminals );
airport design ; harmonization of technical specifications for
accessibility ; harmonization of information ; international
signs ; passenger information before and during flight ;
training of airport, airline and travel agency personnel '.

These ECAC recommendations were drawn up by the
ECAC facilitation sub-group on the transport of people

No C 36 / 32 Official Journal of the European Communities 13 . 2 . 95

with reduced mobility, with the participation of the The above information indicates that a doubling of methane
Commission . They identified the needs of all disabled emissions from British oil and gas production by 2005 is not
passengers and set out the recommended solutions in expected by the authorities . At any rate such an increase
airports and aircraft . would present a limited problem compared to with the more

significant efforts that need to be made to control the much
(M COM(93 ) 433, 26 . 11 . 1993 . more substantial emissions from landfill waste, agriculture,
and mining .

(!) OJ No L 167, 9 . 7 . 1993 .

WRITTEN QUESTION E-2049 / 94

by Anita Pollack ( PSE )

to the Commission

(3 October 1994 )

WRITTEN QUESTION E-2056 / 94

by Mihail Papayannakis ( GUE )

to the Commission
( 95 / C 36 / 56

(3 October 1994 )

( 95 / C 36 / 57 )
Subject : Methane gas emissions in UK

In the context of the EU 's monitoring of greenhouse gas
emissions and its Rio commitments, is the Commission
happy with the fact that methane emissions from oil and gas
production in the UK could double by 2005 unless action is
taken ? ( Sorce : ENDS Report 234, July 1994 )

Answer given by Mr Paleokrassas

on behalf of the Commission

( 24 October 1994 )

According to the British national programme sent to the
Commission under the monitoring of greenhouse emissions
of Decision 93 / 389 / EEC ( J ) British anthropogenic methane
emissions in 1990 are estimated to have been around 5

million tonnes ( Mt ). The main sources are landfill waste
with 39%, agriculture with 32 %, coal mining with 16 %,
and gas distribution with 2% . Offshore oil and gas
production account for 2 % of total emissions .

Methane emissions from oil and gas production were
estimated to be around 0,1 Mt in 1990 by the United
Kingdom Offshore Operators Association from data
supplied by operators on emissions in 1991 as indicated in
the national programme . The data showed that the main
sources of emissions were venting of gas to the atmosphere
from emergencies or planned maintenance, unburnt gas
from flares, and fugitive emissions from valves and other

components .

Oil and gas production is expected to increase over the next
few years, but current expectations are that it will peak
before the end of the century . The British Government has
adopted a working assumption of a 30% increase in
emissions to 0,13 Mt by 2000 .

The steps which could be taken by industry to limit
emissions before the year 2000 and also in the longer term
beyond 2000 are contained in the national programme .

Subject : Construction of a sewage treatment plant in the

town of Akrata

The town of Akrata is planning to construct a sewage
treatment plant on the bed and close to the mouth of the
river Krathis, Aigialia . However, studies carried out by
consultants for the 'O Krathis ' environmental group show
that the position chosen for the site of the sewage treatment
plant is unsuitable for the following reasons :

1 . the waste treatment plant would be at risk from the
overflow of the river and from earthquakes ;

2 . the load-bearing capacity of the subsoil is inadequate ;

3 . non-compliance with the international standard for the
distance between waste treatment plants and bore-holes
for taping ground water ( there are seven bore-holes for
tapping ground water in neighbouring villages );

4 . there is considerable risk that the water table will

become permanently polluted when structural elements
of the plant become damaged and leak, and

5 . the Gulf of Corinth, which is not open sea, has been
chosen to receive the waste .

Will the Commission endeavour to persuade the competent
Greek authorities to reject the mouth of the Krathis as the
site of the waste treatment plant and urge them to find an
alternative site which would be safer and would not harm

the health of local residents by polluting the ground

water .

Answer given by Mr Paleokrassas

on behalf of the Commission

( 16 November 1994 )

Council Directive 91 / 271 / EEC of 21 May 1991 concerning
urban waste - water treatment ( 1 ) sets dates, depending on

13 . 2 . 95 Official Journal of the European Communities No C 36 / 33

the number of inhabitants, by which urban waste water
must be subjected to secondary or equivalent treatment
before discharge .

Article 5 of the Directive gave the Member States until
31 December 1993 to identify sensitive estuaries and coastal
waters which are found inter alia to have a poor water
exchange .

Waste water discharged into such sensitive receiving waters
notified to the Commission must undergo the appropriate
treatment in order to meet the quality objectives set in
Table 2 of Annex I to the Directive .

To the Commission 's knowledge, the Greek authorities
have designated no sensitive areas to date .

Moreover, as regards solid wastes ( sludges ) produced by
treatment plants, Article 14 of the Directive states that all
dumping of sewage sludges into surface waters must be
phased out by 31 December 1998 . Consequently, this
method of disposal is inappropriate for a new treatment
plant .

Finally, the Commission is not responsible for finding an
alternative site .

(!) OJ No L 135, 30 . 5 . 1991 .

WRITTEN QUESTION E-2058 / 94

by Florus Wiisenbeek ( ELDR )

3 . Will it return to its earlier position of equal treatment of
different modes of transport and proceed with a further
liberalization of transport on inland waterways in order
to achieve a better modal split between road and rail
transport and shipping in accordance with its own
report on sustainable mobility ; if so, how will it do
this ?

Answer given by Mr Oreja
on behalf of the Commission

(2 December 1994 )

As required by the Council Decision of 21 March 1962 (*)

( as amended by Council Decision 73 / 402 / EEC of
22 November 1973 ( 2 )) instituting a procedure for prior
examination and consultation in respect of certain laws,
regulations and administrative provisions concerning
transport proposed in the Member States, the Government
of the Netherlands has passed on its draft temporary law on
the sub-division of North-South freight for the
Commission 's opinion . The Commission is still examining
the matter and has so far not adopted a stance . It will send its
opinion on the draft to the Netherlands Government in
accordance with the procedure set out in the Council
Decision referred to above .

The Honourable Member is invited to consult the

Commission report on the organization of the inland
waterways transport market and systems of chartering by
rotation dated June 1994 ( 3 ) with regard to the
Commission 's attitude towards the liberalization of inland

waterways transport and the action that it has proposed in
order to achieve that aim .

(!) OJ No 23, 3 . 4 . 1962 .

( 2 ) OJ No L 347, 17 . 12 . 1973 .

to the Commission ( 3 ) SEC(94 ) 921 .

(3 October 1994 )

95 / C 36 / 58

Subject : Dutch legislation on inland shipping WRITTEN QUESTION E-2059 / 94
by José Barros Moura ( PSE )

Is the Commission aware of the bill on the distribution of

freight in North - South transport proposed by the Dutch

to the Commission

freight in North - South transport proposed by the Dutch (3 October 1994 )

Government ?
95 / C 36 / 59 )

1 . Why has the Commission not objected to this bill nor

declared it null and void for being contrary to
Community Regulations on the freedom of transport
and on competition and to the case law of the European
Court of Justice ?

2 . Given that on previous occasions the Commission had
adopted such a clear position, as expressed by the
members responsible for transport policy on 4 February

1987, 28 January 1991, 23 October 1992 and
24 September 1993 and in its report 94 / 921 of 9 June
1994, why has it now changed its mind so radically that,
contrary to its own earlier position, it is prepared to
accept the above bill ?

Subject : Situation of official customs agents

Given that the work of official customs agents has been
drastically reduced as a result of the completion of the
internal market, that this trend will be further accentuated
following the accession of four new Member States

( 2500 — 3000 redundancies in the present Member States
and 6000 in the new Member States ) and that the
governments of various countries ( e.g. Portugal ) have not
complied with the Commission 's recommendations as
regards guaranteed payment ( early retirement ) or
vocational redeployment, what measures does the
Commission intend to take ?

No C 36 / 34 Official Journal of the European Communities 13 . 2 . 95

Answer given by Mrs Scrivener Answer given by Mr Van Miert
on behalf of the Commission on behalf of the Commission

(7 November 1994 ) ( 25 October 1994 )

The Commission currently has no plans for new measures
specifically to help customs agents, but the Structural Funds
may contribute to new operations in that sector .

It would remind the Honourable Member of the substantial

measures taken by the Community in 1992 and 1993, which
primarily involved three instruments, namely the European
Social Fund, Interreg and Regulation ( EEC ) No 3904 / 92 (*),
which provided an extra ECU 30 million specifically for the
conversion or diversification of the firms concerned . These

measures are still being applied .

Since 1 January last year, these measures have entitled
customs agents losing their jobs to the same treatment as the
long-term unemployed ; this makes them eligible for help
from the Structural Funds all over the Community .

The Commission welcomes the fact that the restructuring
operations in this sector have — as the Commission
proposed — been made a priority in the reform of the
Structural Funds, so ensuring that suitable funding should
be provided .

(!) OJ No L 394, 31 . 12 . 1992 .

It might be helpful to recall first the background to the
Directive to which the Honourable Member refers .

On 20 July 1992 the Council adopted Directive
92 / 68 / EEC (*) amending Directive 90 / 684 / EEC ( 2 ) ( the
Seventh Directive on aid to shipbuilding ). The new Directive
provided a derogation from the normal State aid rules for
the former GDR yards . Under the derogation the German
Government undertook to provide evidence to the
Commission, in the form of annual reports by an
independent chartered accountant, that aid payments are
strictly limited to the activities of yards situated in the
former GDR .

The Commission received such reports for the MTW
shipyard which it took into account when it decided to allow
the release of aid instalments . Since the matter is currently
the subject of an action before the Court of First Instance of
the European Communities no more details can be provided
at this moment .

(!) OJ No L 219, 4 . 8 . 1992 .
( 2 ) OJ No L 380, 31 . 12 . 1990 .

WRITTEN QUESTION E-2063 / 94

by Hiltrud Breyer ( V )
WRITTEN QUESTION E-2060 / 94

to the Commission

by Karin Riis-Jergensen ( ELDR )

to the Commission

(3 October 1994 )

(9 SIC 36 / 61
( 21 September 1994 )

( 95 / C 36 / 60 )

Subject : Nuclear aid for the Ukraine — Decisions by the G7

summit meeting

Subject : Checks on the use of State aid to shipyards in the

former GDR

The German press reports that some of the funds paid to the
MTW shipyards were for a time available to the parent
company, Bremer Vulkan . This would seem to be contrary
to the Directive 's stipulation that aid should be used solely for activities at shipyards located in the former East
Germany .

What would the implications be for the recipient of the aid,
should it be established that the aid has been misused for

other purposes ?

1 . It was decided at the G7 summit meeting in Naples to
set up a fund to co-finance the closure of Chernobyl nuclear
power station in the Ukraine . Has this fund already been set
up ? How large are the resources allocated to it ( in US
dollars )? What projects are to be financed under this
fund ?

2 . Is it true that, in talks with the European Union, the
Ukraine has asked for modern gas-fire power stations to be
delivered to offset the loss in electricity production capacity
due to the closure of Chernobyl ? How does the Commission
view this proposal ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 35

3 . How large is the energy aid fund set up in Naples
aimed at making electricity production capacity available to
be aided by this fund as a matter of priority ?

4 . What view does the Commission take of the estimated
cost of retrofitting the three Ukrainian Type WER 1000
nuclear power stations so as to bring them up to a level of
safety comparable to that of nuclear power stations
authorized in the Federal Republic of Germany ?

5 . Will the Commission continue to give priority to the
retrofitting of nuclear power stations as a strategy for
ensuring security of electricity supplies in the Ukraine ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(8 November 1994 )

1 . At the summit in Naples, the G7 heads of State and
government decided that their countries would contribute
an initial amount of up to 200 million dollars in form of
grants for the purpose of implementing the proposed action
plan for Ukraine 's energy sector .

The action plan provides in particular for the early closure
and decommissioning of the Chernobyl nuclear power
plant, the completion of new WER reactors already under
construction, and energy sector reform including measures
for energy saving and efficiency .

It is recalled that preceding the Naples summit the European
Council of Corfu decided to provide ECU 100 million in
grants under the Tacis Programme and to raise ECU 400
million in Euratom loans for the same purpose .

2 . Ukraine did not ask for the supply of modern gas
power plants as replacement for the electricity generated so
far by the Chernobyl plant .

3 . Reference is made to the answer given under
paragraph 1 above . The detailed definition of first projects
has not yet been completed .

4 . The completion of the three WER 1000 reactors
under construction should be performed with a view to
achieve internationally acceptable safety standards . The
completion costs should range between ECU 750 million
and ECU 1 000 million .

5 . The Commission considers that the completion of the
three WER 1000 reactors represents an economically
advantageous solution for Ukraine and, at the same time,
helps to reduce Ukraine 's dependence on fossil-fuel
imports .

WRITTEN QUESTION E-2064 / 94

by Hiltrud Breyer ( V )

to the Commission

(3 October 1994 )

( 95 / C 36 / 62 )

Subject : Consumer protection budget and aid

1 . How does the Commission view the Council 's

decision to cut the budget for consumer protection in 1995
by almost 50% to ECU 8,2 million ?

2 . Does it consider that this drastic reduction is

compatible with Article 129a of the Maastricht Treaty
which commits the European Union to a high level of
consumer protection ?

3 . In 1993 / 94 the EU decided to grant the German
Agriculture Central Marketing Association ( CMA )
subsidies amounting to ECU 8,4 million .

( a ) Does the Commission consider that this sum is
justifiable compared with EU expenditure on consumer
protection ?

( b ) What conditions are attached to the use of this money

by the CMA ?

( c ) Has the Commission examined the content of the
product advertising operations which it is
co-financing ?

4 . What measures does the Commission intend to take to

prevent part of this money being channelled via the CMA to
the Association of German Health Insurance Doctors, a
lobby organization of doctors which publicly supports the
agricultural and food industry by issuing contradictory and
questionable statements and deliberately misleading
consumers ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 30 November 1994 )

1 . In the 1 995 preliminary draft budget, the Commission
estimated that the minimum sum needed for European
consumer policy was ECU 16 million .

The drastic reduction of this budget to ECU 8,2 million
would mean a radical change in this policy and the
discontinuation of a large number of measures, pilot
experiments and subsidies to consumer organizations, along
with a reduction in the activities of the Consumers

Consultative Committee .

2 . No . The changes introduced by the Treaty on
European Union reflect the vastly increased importance to
be accorded to consumer protection, which has been
transformed from a ' flanking policy ' into a fully-fledged,
independent Community activity . The citizens of the Union,
who henceforth are entitled to expect it to contribute to a
high level of consumer protection, will keep a closer watch

No C 36 / 36 Official Journal of the European Communities 13 . 2 . 95

to see whether the efforts made in this direction are

sufficient or not .

The Community must therefore consider the position of
consumers not only in relation to the internal market, as it
was previously obliged to and as confirmed by Article 129 A

( 1 ) a ), but also in a much wider context, as stipulated in
Article 129A of the EC Treaty .

3 . ( a ) The sum mentioned by the Honourable Member

covers several agricultural product advertising
operations which, to the extent that they are
intended to provide better information for
consumers, also contribute to consumer
protection .

( b ) The conditions attached to the use of this money

take the form of rules laid down in the Regulations
governing the abovementioned operations and in
the contracts concluded on the basis of the said

Regulations .

( c ) The Commission checks that the operations in
question comply with the aforementioned rules .
However, it is not responsible for the content of the
advertisements financed with Community funds .

4 . The Commission answered this question in a letter to
the Diatverband dated 15 July 1994 . A copy of this letter is
being sent directly to the Honourable Member and to the
General Secretariat of Parliament .

WRITTEN QUESTION E-2077 / 94

by José Apolinârio ( PSE )

to the Commission

( 26 September 1994 )

initiated the infringement procedure under Article 169 of
the EC Treaty against the Member States concerned .

This procedure is currently at the reasoned opinion

stage .

WRITTEN QUESTION E-2078 / 94

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 26 September 1994 )

( 95 / C 36 / 64

Subject : Hunting of birds in Italy

What is the Commission 's view on the statements made in

August 1994 by Altero Matteoli, the Italian environment
minister, and by the agriculture minister, Adriana Poli
Bertone, to the effect that restrictions on the hunting of
chaffinches, bramblings, black-tailed godwits, curlews and
other migratory birds, even in nature reserves, are to be
lifted ?

Did the Commission try to use its influence during the
preparatory stages for the law whereby the lifting of
restrictions on the hunting of birds was made a matter for
the regions ?

What does the Commission intend to do to prevent
infringements of the EU Directive on the protection of wild
birds in Italy ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 95 / C 36 / 63 ) ( 31 October 1994 )

Subject : Transposition of Directive 91 / 493 / EEC into
national legislation in the Member States

Can the Commission say which Member States have not yet
transposed Directive 91 / 493 / EEC f 1 ) into national law and
can it give any justification for that situation ?

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

Answer given by Mr Steichen

on behalf of the Commission

( 11 October 1994 )

The Commission has not received notification from Greece,
Ireland or Portugal of national measures to implement
Council Directive 91 / 493 / EEC of 22 July 1991 laying down
the health conditions for the production and the placing on
the market of fishery products . Since the deadline for
transposition was 1 January 1993, the Commission has

The Commission was not aware of the statements referred

to by the Honourable Member .

The Commission has not influenced the drafting of the
Italian law to which the Honourable Member refers . This

lies outside its ambit .

The Commission must be informed of the precise forms of
action adopted by the national authorities in order to
intervene, where appropriate, in order to ensure compliance
with Directive 79 / 409 / EEC on the conservation of wild

birds ( 1 ).

It should also be mentioned that Article 9 of Directive

79 / 409 / EEC, which introduces a system of exemptions from
the articles concerning capture, permits, under strictly
supervized conditions and on a selective basis, the ( other )
judicious use of certain birds in small numbers .

O OJ No L 103, 25 . 4 . 1979 .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 37

WRITTEN QUESTION E-2082 / 94

by Anita Pollack ( PSE )

to the Commission

(6 October 1994 )

( 95 / C 36 / 65 )

Subject : Race relations

systems of financial assistance for students in higher
education in the European Community ', which contains, for
every Member State, a concise description of the existing
national systems of funding .

A copy is sent directly to the Honourable Member and to the
Secretariat-General of the Parliament .

When will the Commission bring forward a draft Directive
on race relations, making it unlawful to discriminate against
residents of the Union because of their race, colour, WRITTEN QUESTION E-2085 / 94
nationality, or ethnic or national origin ?

by Anita Pollack ( PSE )

to the Commission

(6 October 1994 )
Answer given by Mr Flynn
on behalf of the Commission ( 95 / C 36 / 67 )

( 13 December 1994 )

Subject : LD 50 test

As things now stand, it is the prerogative of the Member
States to legislate against racial, colour or ethnics
discrimination, there being no specific legal basis for
Community competence in the matter . However, in its
White Paper on European social policy (*) the Commission
stated its belief ' that at the next opportunity to revise the
treaties, serious consideration must be given to the
introduction of a specific reference to combatting
discrimination on the grounds of race, religion, age and
disability '.

If the USA, Japan and the OECD have now accepted that the
fixed dose procedure is an acceptable alternative to the cruel
LD 50 test, why is the latter still in use and when will the
alternative be officially validated in the EU ?

Answer given by Mr Bangemann

on behalf of the Commission

( 24 November 1994 )
(M COM(94 ) 333 .

Council Directive 75 / 318 / EEC (*) sets out the tests and trials
required to demonstrate the quality, safety and efficacy of a
medicinal product . It has been amended a number of times

WRITTEN QUESTION E-2084 / 94

by Anita Pollack ( PSE )

to the Commission

(6 October 1994 )

( 95 / C 36 / 66 )

Subject : Student grants

Has the Commission made any study, or does it have any
comparative information on methods of funding, i.e. grants
etc . for students in further and higher education, ( both fees
and subsistence ) ? If so, can it provide the information, and if
not will it initiate such a study ?

Answer given by Mr Ruberti
on behalf of the Commission

( 18 November 1994 )

In June 1993 the education information network ' Eurydice '
produced for the Commission a document entitled ' the main

( Directives 83 / 570 / EEC ( 2 ), 87 / 19 / EEC ( 3 ), 89 / 341 / EEC ( 4 ),
91 / 507 / EEC ( 5 ) and 93 / 39 / EEC ( 6 )).

Originally Directive 75 / 318 / EEC required an animal study
to determine the toxicity of a medicinal product . However
this requirement was removed when the Directive was
amended by Directive 87 / 19 / EEC . In the latest substantial
revision ( Directive 91 / 507 / EEC ) there is no requirement for
the animal study . The current requirement is for a
quantitative evaluation of the approximate lethal dose and
information on the dose effect relationship should be
obtained, but a high level of precision is not required . Thus
the animal study is not required in the Community .

In 1990, the Community initiated the international
conference on harmonization ( ICH ) with the United States
Food and Drug Administration and the Japanese Ministry
for Health and Welfare . At the first major conference in
November 1991 in Brussels, the Community confirmed that
the animal study was not a requirement ( indeed on that
occasion the Japanese were pursuaded to drop their
requirement for an animal study ).

Within the ICH, the scientific trend for ' increasing dose
tolerance ' studies has been reinforced by the preparation of

No C 36 / 38 Official Journal of the European Communities 13 . 2 . 95

technical guidelines on toxicokinetics ( i.e. study of the effect
to increasing doses ) which should be completed by the end
of 1995, and which would be compatible with Community
requirements .

(!) OJ No L 147, 9 . 6 . 1975 .

( 2 ) OJ No L 322, 28 . 11 . 1983

( 3 ) OJ No L 15, 17 . 1 . 1987 .

( 4 ) OJ No L 142, 25 . 5 . 1989 .

( 5 ) OJ No L 270, 26 . 9 . 1991 .
( 6 ) OJ No L 214, 24 . 8.1993 .

authorities in which the Commission continues to

collaborate, most recently by nominating an expert to
participate in a research cruise in the Kara Sea in
August — September 1994 .

Results to date do not indicate any immediate threat . In
particular as regards the nuclear submarine Komsomolets,
there is a growing consensus that the situation would only
be rendered more hazardous by any attempt to raise the
vessel .

The Commission will continue to follow the situation in

collaboration with those involved including the IAEA and
will of course be pleased to consider any approach by a
Member State .

WRITTEN QUESTION E-2099 / 94 (!) OJ No C 219, 8 . 8 . 1994 .

by Nel van Dijk ( V )

to the Commission

(6 October 1994 )

95 / C 36 / 68

WRITTEN QUESTION E-2100 / 94

by Carlos Robles Piquer ( PPE )

Subject : Soviet nuclear cemetery

With the possible accession of Norway, Finland and Sweden
to the European Union, the wreck of the Soviet nuclear
submarine ' Komsomolets ' ( which sank in the Barents Sea in

1989 ) will be significantly closer to the borders of the
European Union . The same is true of the nuclear reactors
and drums of radioactive waste dumped in the Kara and
Barents Seas .

Does the Commission agree that the accession of the
abovementioned countries would increase the European
Union 's responsibility for the elimination of the dangers
posed by the leaking of plutonium, caesium, strontium and
other radioactive materials ?

What steps does the Commission intend to take in view of
this responsibility, in order to protect both the population
and the fisheries industry against radioactive contamination
and the catastrophic pollution of the marine
environment ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(9 November 1994 )

The Commission has been following the question of
radioactive contamination of the Kara and Barents Seas

since these matters first came to public notice . Thus the
Honourable Member is invited to refer to the reply to
Written Question No 2276 / 93 by Mr Linkohr (*) in which it
was noted that recovery attempts should not be undertaken
without careful prior assessment of the situation, to avoid
increasing the hazard . This assessment continues, especially
through joint efforts by the Russian and Norvegian

to the Commission

(6 October 1994 )

( 95 / C 36 / 69 )

Subject : Community aid for solar / gas energy co ­
generation

It almost a year since the Commission requested a feasibility
study on appropriate locations for installations making
combined use of natural gas and solar energy . Does the
Commission now possess sufficient information to allow
assessment of the economic aspects of this technology and, if
appropriate, make available Community aid for developing
it ?

Answer given by Mr Oreja
on behalf of the Commission

(2 December 1994 )

The Commission has indeed helped to finance a viability
study on appropriate sites for natural-gas and solar-energy
co-generation facilities .

The results of that study, which was completed in June 1994
and covered five sites : three in Spain and two in Morocco,
seemed to be highly promising in both technical and
economic terms .

This ' clean ' technology will therefore be included among the
fundable measures set out in the specific non-nuclear energy
programme which forms an integral part of the
technological research and development programme .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 39

WRITTEN QUESTION E-2 102 / 94

WRITTEN QUESTION E-2106 / 94

by Joaquín Sisó Cruellas ( PPE )

Sisó Cruellas ( PPE ) by Joaquín Sisó Cruellas ( PPE )

to the Commission to the Commission

to the Commission

(6 October 1994 )

(6 October 1994 )

( 95 / C 36 / 70 ) 95 / C 36 / 71

Subject : European bioclimatic complex Subject : Combating fraud

On 17 June 1994, the ' En t'aban ' Drugs Rehabilitation
Centre was inaugurated in Zaragoza . It includes the most
important bioclimatic complex in Europe . This centre has
been financed with European funding under from the
Thermie Programme on renewable energies .

Can the Commission state the specific amount of European
funding provided, and whether this was limited to funding
part of the construction costs or whether aid will continue in
the form of annual allocations to defray the running and
experimental costs of the bioclimatic complex ?

Given that this Centre has social objectives in the field of
detoxification and rehabilitation of drug addicts, could it
qualify for funding from other Community programmes or
initiatives aimed at these objectives ?

If so, could the Commission state which programmes or
initiatives are concerned, and whether the Centre has
already benefited from them ?

In view of the serious instances of political corruption
uncovered in certain Member " States, has the Commission
adopted or does it intend to adopt measures to fight this
form of fraud ?

If so, what measures are involved and what results have been
obtained ?

Answer given by Mr Flynn
on behalf of the Commission

( 11 November 1994 )

As the Member States have exclusive responsibility for
measures to combat domestic political corruption, it is not
for the Commission to propose any measures in this
field .

Answer given by Mr Oreja
on behalf of the Commission WRITTEN QUESTION E-21 12 / 94

(5 December 1994 ) by Alex Smith ( PSE )

to the Commission

Under the Thermie Programme the Commission did indeed
grant a subsidy of ECU 96 221 to the ' En t'aban ' Drugs
Rehabilitation Centre in Zaragoza .

The aid was intended to cover 40 % of the cost of building
the bioclimatic part of the complex, which was done using
innovative energy technologies .

Once the payments have been made, the aid will not be
renewed, since it was not intended to cover running

costs .

However, the Centre could receive financial support under
initiatives taken within the framework of budget heading
B3-4400 — combating drug abuse in the field of public
health — provided that it satisfies the selection criteria .

Those in charge of the centre may obtain application
forms from the Commission 's Directorate-General for

Employment, Industrial Relations and Social Affairs .

(6 October 1994 )

( 95 / C 36 / 72 )

Subject : Low flying by military aircraft

What are the minimum height levels at which military
training aircraft are permitted to fly in the 12 Member States
of the Union ?

Answer given by Mr Oreja
on behalf of the Commission

( 30 November 1994 )

At present there is no Community legislation concerning the
altitude at which military or civilian aircraft are permitted to
fly in the 12 Member States . The levels are fixed by the
national authorities in each country .

No C 36 / 40 Official Journal of the European Communities 13 . 2 . 95

QUESTION E-21 13 / 94 aspects . It aims to devise a global environmental-pressure

Anita Pollack ( PSE ) index which will be useful for implementing policies dealing

with the environment or which have an environmental
to the Commission
slant .

WRITTEN QUESTION E-21 13 / 94

by Anita Pollack ( PSE )

(6 October 1994 )

( 95 / C 36 / 73 )

Subject : Sustainable development

In an answer to a question by my colleague Alex Smith
( E-l 032 / 93 ) 0 the Environment Commissioner said that
the Commission was ' undertaking several studies and
devoting considerable internal staff resources to examining
the economic implications of sustainable development,
including the issues of employment and green accounting '.
That was almost a year ago . Is the Commission now any
nearer to finalizing its analysis and when will these results be
forwarded to members of the Committee on the

Environment .

(!) OJ No C 226, 16 . 8 . 1994, p . 9 .

Answer given by Mr Paleokrassas

on behalf of the Commission

( 11 November 1994 )

Last year saw the conclusion of studies on sustainable
development and employment and the continuation in the
Member States of green accounting for which the results will
be longer in coming .

The Commission made an economic assessment of the Fifth

Programme of Action on the Environment, studying various
possibilities . The results of the study, which will be
distributed during November 1994, clearly show that an
approach embracing both economic and environmental
policies benefits both economic growth and employment as
well as the quality of the environment .

As part of the follow-up to the White Paper and in
anticipation of the European Council in Essen, the
Commission is about to submit a report on ' new sources of
employment ' in the various economic, social and
environmental areas . It is hoped that this report will lead to
a demand in new areas and remove obstacles to the

emergence of this demand at Community, national and
regional level .

A methodological approach aimed at drawing up satellite
environmental accounts alongside economic accounts has
been devised and is at present being tried out in certain
Member States . Its implementation will gradually be
extended to various Member States with the ultimate aim of

setting up a Community data system .

Additionally, work on environmental-pressure indicators
aimed at completing aspects not covered by the satellite
accounts has been started for a number of environmental

WRITTEN QUESTION E-21 16 / 94

by Edith Müller ( V ) and Nel van Dijk ( V )

to the Commission

(6 October 1994 )

( 95 / C 36 / 74 )

Subject : Discrimination against trans-frontier workers in

Germany

In order to prevent unemployment among the current
workforce in the industrial sector, the German Government
introduced a system under which workers are entitled to
temporary ' unemployment ' benefits during the period
when they follow further training to achieve a higher
level of vocational qualification . This scheme

( Arbeitsfdrderungsgesetz ) applies to ' low ' skilled workers in
companies who introduced new advanced technical
production methods which require a better trained
workforce .

This practice however only applies to workers officially
residing in Germany, excluding non-resident workers
employed by the same company, although they contribute
equally to the unemployment schemes in Germany .

Bearing in mind the principle of free movement of workers
and the resulting Union rules, is not the Commission of the
opinion that the actual application of this scheme creates a
severe ( unintended ?) discrimination between workers
working for the same company living on different sides of
the border ?

Which steps will the Commission take to redress this
situation ?

In anticipation of an overall solution and since in the vicinity
of the Dutch border sometimes more then half the

workforce of German companies involved in the scheme are
living on Dutch territory, is the Commission prepared to
contact the competent authorities in order to determine if an
early bilateral settlement can be found to end this
discrimination ?

Answer given by Mr Flynn
on behalf of the Commission

( 13 December 1994 )

Under Community provisions in the field of free movement
of workers within the Community, a worker who is a

13 . 2 . 95 Official Journal of the European Communities No C 36 / 41

national of one Member State and who is occupied in the
territory of another Member State may not be treated
differently there from national workers in respect of any
conditions of employment and work, social security
benefits, or social advantages .

In the Commission 's view, Community citizens who are
working in Germany but are resident in another Member
State are entitled to the temporary unemployment benefit
provided by the ' Arbeitsforderungsgesetz ' under the same
conditions as workers residing in Germany . In fact, it seems
that there are no objective reasons which may justify their
unequal treatment .

The Commission will contact the German authorities in

order to ensure the correct application of Community
law .

WRITTEN QUESTION E-2117 / 94

by Jesús Cabezón Alonso ( PSE )
and María Izquierdo Rojo ( PSE )

to the Commission

(6 October 1994 )

( 95 / C 36 / 75 )

Subject : Mediterranean policy

The General Affairs Council of 18 July 1994 reasserted the
importance which the European Council attaches to
Mediterranean policy .

The Council has asked for a Commission communication
which will include the guidelines for strengthening
Mediterranean policy .

What is the Commission 's proposed deadline for publishing
this communication ? What will be its contents ?

Answer given by Mr Marin
on behalf of the Commission

( 14 November 1994 )

The Commission adopted its communication on 19 October
and has sent it to the Council and Parliament . A copy is
being sent direct to the Honourable Member .

WRITTEN QUESTION E-2126 / 94

by Brendan Donnelly ( PPE ) and Eryl McNally ( PSE )

to the Commission

( 13 October 1994 )

( 95 / C 36 / 76

Subject : Safety of train doors

Bearing in mind the danger to rail passengers of unsafe train
doors opening during travel, what is the Commission doing
to ensure that European Union railways are aware of best
practice in different EU countries, and that they take
measures to upgrade their existing rolling stock to ensure
the highest possible levels of protection for passengers ?

Answer given by Mr Bangemann

on behalf of the Commission

( 24 November 1994 )

The Commission is aware of the need to improve the safety
of railway transport at European level, in particular as
regards rolling stock for passenger transport .

It has therefore set activities in motion at several levels :

1 . In the framework of the proposals for Council Decisions
put forward by the Commission ( ] ) and by way of
implementation of the Fourth European Community
Framework Programme of Community research,
technological development and demonstration activities

( 1994-1998 ):

— the specific programme in the field of industrial and

material technologies ( 2 ) approved by the Council on
27 July 1994 includes as a major objective a
significant improvement in transport safety,
including vehicles, human aspects and operational
infrastructures . This encompasses a combination of
safety analysis and deployment techniques, cognitive
research, and vehicle repair and maintenance
strategies, including the different approaches to
operational and human management . The research
in question covers the following :

— structured approaches to risk assessment of

vehicle operation and associated operational

systems ;

— technologies to prevent and reduce risk and

protect passengers ;

— passive and active safety techniques ;

— methods and tools to identify and control human

errors ;

— inspection, maintenance and repair strategies

and techniques for critical systems and
components allowing improvement in the design
of sensitive products ;

No C 36 / 42 Official Journal of the European Communities 13 . 2 . 95

— passive and active safety techniques ( the
Brite / Euram Programme in particular has funded
a project specifically aimed at improving the
safety of passengers in carriages in the event of
collision — Traincol BE-3385 ).

Community railway networks and operators,
grouped together within the Community of
European Railways ( CCFE ), are extremely
interested in the abovementioned research and will

play an active part in the work . Their research bodies
will make a very extensive contribution, the results
of which will be discussed in detail with the

Commission and within their European
representation and the International Union of
Railways ( IUR ).

— Other activities are planned by the Commission

under the research programme for a European
transport policy . However, this programme has not
yet been approved .

2 . Since 1993, in order to achieve technical, operational
and regulatory harmonization at European level the
European Standards Body ( CEN, Cenelec and ETSI )
have been given mandates by the Commission to draw
up European standards on railway equipment . The
jointly agreed wok programme covers 58 standards
projects, a very large number of which are classified as a
priority as they are considered essential for railways
transport safety . CEN and Cenelec are therefore
drafting inter alia standards in particular on :

— requirements to be met by carriage bodywork

( including doors );

— the line-testing of railway vehicles prior to putting

them into service ( including the reliability fo carriage
safety systems ).

The European standards drawn up will be published and
serve as a basis for operators and manufacturers in the
design, construction and inspection of all railway
equipment prior to its being put into service .

3 . As far as the high-speed sector is concerned, on 15 April

1994 the Commission presented to the Council a
proposal for a Directive on the inter-operability to the
European high-speed train network ( 3 ). The proposal
for a Directive makes it compulsory to comply with the
essential requirements which must be met by all railway
equipment on which the inter-operability of the
European network depends . These essential
requirements include in particular human ( staff and
user ) health and safety .

The essential requirements will be laid down in detail in
mandatory technical inter-operability specifications .
These technical specifications, which will be drawn up
jointly by the railway networks, operators and industry
and closely based on existing or future European
standards, will be published in the Official Journal of
the European Communities .

The proposal for a Directive is currently before the
Council for approval . It is also being discussed by the
Parliament, the Economic and Social Committee and the
Committee of the Regions .

As a second stage and to extend the passenger safety
activities to the conventional passenger railway transport
sector, the Commission has started on the production of a
document dealing with conventional railway
inter-operability problems . This document for
' conventional rail ' will therefore be in addition to the

proposal for a Directive covering the high-speed sector .

(!) COM(94 ) 68 final .

( 2 ) 94 / 82(CNS ) in COM(94 ) 69 final .

( 3 ) COM(94 ) 107 final .

WRITTEN QUESTION E-2131 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 13 October 1994 )

( 95 / C 36 / 77 )

Subject : Technological innovation in the automobile
industry and cooperation with suppliers of

components

In his reply to an earlier question on new technology in the
automobile components industry ( E-2874 / 93 (*)) Mr
Bangemann states that the Community is seeking to
promote innovative capacity within the industry by means
of various research and development programmes
(' industrial technologies ', ' environment ', ' energy ' and
' information and communications technologies ' which
include for example, the Microbile project and the Drive
Programme ).

Furthermore, measures recently ( April 1994 ) requested
from the Commission by the Council include an R&D
programme and measures to promote industrial
cooperation between car manufacturers and their
components suppliers .

Can the Commission tell me what it is planning by way of a
response to the Council 's requests, and can it provide me
with data on the extent of the . automobile sector 's
involvement in the various specific programmes mentioned
by Mr Bangemann ?

(!) OJ No C 251, 8 . 9 . 1994, p . 19 .

Answer given by Mr Bangemann

on behalf of the Commission

( 24 November 1994 )

The Commission has had numerous contacts with the

automobile and components industry during the

13 . 2 . 95 Official Journal of the European Communities No C 36 / 43

preparation of drafts of specific Community research
programmes and work plans .

Without departing from the principle that Community
research programmes are pre-competitive and horizontal in
nature, it has endeavoured to take into account the needs
expressed by the autobomile industry in multi-sectoral
forums or directly in particular through the master plan
presented by the Eucar association . It has also studied with
the automobile and components industry possible
improvements to the coordination of RTD policies and of
the specific programmes .

It is not possible to assess in advance the consequences for
the automobile industry of the steps currently being taken .
In any event, they cannot lead to prior allocation of funds
and the projects submitted will be selected on the basis of
their merit and value having regard to the selection criteria
adopted .

WRITTEN QUESTION E-2135 / 94

by Wilfried Telkamper ( V )

to the Commission

( 13 October 1994 )

( 95 / C 36 / 78

Subject : Transposition into national law of Directive

89 / 391 / EEC and the subsidiary individual
Directives, including Directive 92 / 57 / EEC

I understand that Germany has not yet transposed into
national law Directive 89 / 391 / EEC ( J ) and the subsidiary
individual Directives . In this connection, however, the
Federal Ministry of Labour briefed all the relevant ministries
and departments, including the individual Lander
authorities, on the immediate effect of individual Directive
92 / 57 / EEC ( 2 ). Receipt of such notification was confirmed
by all Federal Lander . In Baden - Wiirttemberg, however, the
Ministry of Finance did not forward this guidance on the
immediate effect of the individual Directives to the

subordinate regional finance offices, so that this Directive is
not being implemented on construction sites in
Baden-Wiirttemberg .

1 . Is it true that the Commission has commenced

infringement proceedings against Germany for failure to
transpose Directive 89 / 391 / EEC and the corresponding
individual Directives into national law ?

2 . Has the Federal Government already delivered an
opinion and, if so, what does the opinion say ?

3 . Is it the Commission 's view that the Federal

Government should have to ensure the implementation
of a Directive when, as in Germany, responsibility for

safety and health protection is shared by several
authorities, namely the Federal Lander and the statutory
accident-insurance institutions .

4 . In the view of the Commission, which authority is
legally responsible for the proper implementation of the
Directive ? Where this Directive has not been duly
implemented, to whom should a citizen who has
suffered injury in an occupational accident apply ?

(!) OJ No L 183, 29 . 6 . 1989, p . 1 .

( 2 ) OJ No L 245, 26 . 8 . 1992, p . 6 .

Answer given by Mr Flynn
on behalf of the Commission

( 18 November 1994 )

1 . In March 1993, the Commission initiated
infringement proceedings against Germany for failure to
communicate any measures incorporating into national
law the Directives 89 / 391 / EEC, 89 / 654 / EEC ( a ),
89 / 655 / EEC O, 89 / 656 / EEC ( x ), 90 / 269 / EEC ( 2 ) and
90 / 270 / EEC ( 2 ). On 7 July 1994, the German authorities
sent to the Commission a series of texts containing measures
to incorporate into national law the Directive 89 / 391 / EEC
and a number of individual Directives . These texts are

currently being examined to determine whether they comply
with the requirements . However, measures incorporating
Directive 92 / 57 / EEC have not yet been communicated to the
Commission . Consequently, the infringement proceedings
initiated on the basis of Article 169 of the EC Treaty for
failure to incorporate that Directive into national law are
continuing .

2 . The German authorities have informed the

Commission that, in their view, existing German legislation
on worker protection is already broadly consistent with the
provisions of Directive 89 / 391 / EEC and various individual
Directives .

3 . & 4 . The Member States are responsible for ensuring
that Directives are fully implemented within their legal
systems . They have sole power to determine the internal
procedures necessary for implementation, particularly in the
light of their constitutional requirements .

First and foremost, it is for the national court to ensure that
national authorities comply with the provisions of
Community law where such provisions are sufficiently clear,
precise, complete and unconditional, and, where
appropriate, to order the State to make good any damage
caused to individuals as a result of an infringement of
Community law for which it is responsible .

(!) OJ No L 393, 30 . 12 . 1989 .

( 2 ) OJ No L 156, 21 . 6 . 1990 .

No C 36 / 44 Official Journal of the European Communities 13 . 2 . 95

WRITTEN QUESTION E-2150 / 94

by Antoinette Spaak ( ELDR )

to the Commission

( 13 October 1994 )

( 95 / C 36 / 79

Subject : Return of the Commission to the Berlaymont

building

In July 1994 the Commission made a public statement, in
particular to the Belgian Government, of its intentions with
regard to its services returning to the Berlaymont building in
Brussels .

On that occasion, the Commission informed the press that
the financial conditions of hire proposed by the Belgian
Government would be submitted to the two branches of the

budgetary authority ( i.e. the Council and Parliament ).

Can the Commission confirm this undertaking ? At what
stage in the negotiations does it intend to commence its
consultation of Parliament ?

Answer given by Mr Van Miert

on behalf of the Commission

( 15 November 1994 )

The Commission can confirm the undertaking to submit to
the two arms of the budgetary authority ( Council and
Parliament ) the financial terms for renting the future
Berlaymont building to be proposed by the Belgian
Government .

The Commission will inform Parliament and the Council as
soon as the Belgian Government makes its proposal .

WRITTEN QUESTION E-2151 / 94

by Antoinette Spaak ( ELDR )

to the Commission

( 13 October 1994 )

( 95 / C 36 / 80 )

Subject : Aid to the people of Iraq

On 18 August 1994 the Commission announced that it was
granting aid to the sum of ECU 2 million to the inhabitants
of central and southern Iraq, with the stated aim of
alleviating the impact on the people of Iraq of the UN
embargo following the invasion of Kuwait and the Gulf
War .

This brings the total sum provided by the Commission to the
inhabitants of Iraq this year to over ECU 8,5 million .

Can the Commission provide a more detailed justification of
this decision ? What guarantees has it received that this aid
will not be used for purposes other than its declared
humanitarian objective ?

Answer given by Mr Marin
on behalf of the Commission

( 10 November 1994 )

In the decision of 18 August 1994 for humanitarian aid to
the population of Iraq :

— ECU 300 000 was granted through the channel
Oxfam-UK for water supply projects in the north of the

country

— ECU 200 000 was granted through the channel of

Christian Aid ( UK ) for the restoration of agricultural
resources, again in the north of the country

— ECU 1 500 000 was granted through the channel of a

consortium of three Red Cross Societies, led by the
Dutch and including the British and German, to provide
medicines and food to the most needy populations of the
centre and south of the country .

This is in accordance with the Community 's
long-established principle of giving aid wherever it is
needed, provided that its correct utilization can be ensured .
In this particular case, all three operations are fully in
accordance with the programme of the Department of
humanitarian affairs of the United Nations .

Given the particular circumstances applicable to those areas
of the south under the control of the Baghdad authorities,
the Commission took special precautions to ensure the
correct utilization of the funds . While it is true that an

agreement has been signed between the International
Federation of Red Cross and Red Crescent Societies ( IFRC )
and the Iraqi Red Crescent Society ( IRCS ), this is solely
because the IRCS is a member of the IFRC with statutes

which oblige it to work with its local members .
Nevertheless, the consortium of three European Red Cross
Societies is maintaing a permanent presence of two
Europeans in Baghdad, specifically to monitor the
implementation of the programme and they have full
authority to travel around the country accompanied solely
by an IRCS colleague . Even in the heightened tension at the
beginning of October, they were able to visit Nassiriya . The
basic operation is being managed from Amman where all
regional purchasing is made .

The Commission is therefore convinced that these three

actions fully maintain the principles which led to the
establishment of ECHO and that in so far as it is possible in
any operation, all the necessary controls have been put in
place to ensure that the aid will be used as intended .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 45

WRITTEN QUESTION E-2152 / 94 Question No 1941 / 94 by Mr Luis Sa, Mr Joaquim Miranda

by Anita Pollack ( PSE ) and Mr Sergio Ribeiro ( 1 ).

to the Commission
( ] ) OJ No C 24, 30 . 1 . 1995 .

( 13 October 1994 )

( 95 / C 36 / 81 )

Subject : Child care WRITTEN QUESTION E-2158 / 94

In 1986 the Commission published the results of a
comprehensive survey on levels and types of child-care
arrangements in the Member States and the first review of
the 1992 recommendation on child care is due in 1995 . Will

the Commission now produce a similar, up-to-date survey,
which should also include Austria, Sweden, Norway and
Finland, to be published in time for the above review ?

Answer given by Mr Flynn
on behalf of the Commission

( 21 November 1994 )

Yes . The comprehensive survey of child-care services to be
carried out in 1995 will include data in respect of these four
countries .

WRITTEN QUESTION E-2154 / 94

by Christine Crawley ( PSE )

to the Commission

( 13 October 1994 )

( 95 / C 36 / 82 )

Subject : East Timor

Reports are coming from East Timor that on 14 July 1994,
seventy four peaceful demonstrators were arrested by the
Indonesian army ; reports also indicate that three of these
were later brutally killed by having their throats cut . Will the
Commission set up an enquiry to investigate these reports
and publicize its findings ? If the reports are true, what action
can the Community take to bring an end to the oppression
and suffering of East Timoreans ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 18 November 1994 )

According to the information the Commission has obtained,
all those arrested on 14 July were released shortly
afterwards . None were killed .

For the remainder of the question, the Commission would
like to refer the Honourable Member to its reply to Written

by Gerardo Fernandez-Albor ( PPE )

to the Commission

( 18 October 1994 )

( 95 / C 36 / 83

Subject : Measures in favour of SMEs to settle social

security debts

The planned set of measures to promote a more favourable
climate for small and medium-sized enterprises ( SMEs ) will
provide greater support for their development through
various means, such as financial facilities, projects eligible
for Community initiatives, the promotion of cooperation
between SMEs, etc .

Nevertheless, SMEs frequently find it difficult to pay the
social security contributions required, this being
particularly the case in certain Member States with high
social security rates .

For this reason, many groups of SMEs are wondering
whether, in order to complete the set of measures in favour
of SMEs, the Community authorities could not develop
preference schemes to provide financial aid, or other types
of support, for companies experiencing severe difficulties in
meeting their overdue social security contributions, often
resulting in the seizure of goods and ultimately in the
bankruptcy of the company .

What is the Commission 's opinion of this aim on the part of
SMEs ?

Answer given by Mr Archirafi

on behalf of the Commission

(7 December 1994 )

The Commission 's December 1993 White Paper on growth,
competitiveness and employment ( l ) recognized, in
chapter 9, that statutory charges, i.e. taxes and social
security contributions of exmployers and employees, clearly
had an impact on production costs and therefore on
competitive performance . It is particularly the case that
small and medium-sized enterprises are more affected by
both the administrative complexity and the high level of
charges on labour .

Whilst it is within Member States ' competence to set the
levels of tax and social security contributions, it is the
Commission 's view that there are a number of measures

which could be taken to help enterprises and particularly to
assist SMEs . These could include :

No C 36 / 46 Official Journal of the European Communities 13 . 2 . 95

— the simplification of administrative procedures in
respect of the collection of statutory charges,

— to allow SMEs to opt for corporate taxation rather than

personal taxation ( Commission recommendation
94 / 390 / EC, 25 . 5 . 1994, concerning the taxation of
small and medium-sized enterprises ) ( 2 ),

— to eliminate double taxation of venture capital
companies ( Commission communication on the
improvement of the fiscal environment of SMEs ) ( 3 ),

— to ensure the survival of SMEs by looking at the taxation

aspects of the transfer of businesses particularly in cross ­
border transfers ( Commission communication on the
transfer of businesses . Actions in favour of SMEs ) ( 4 ).

It is the Commission 's intention to work closely with
Member States and to encourage the exchange of
information and best practice in order to minimize the effect
of statutory charges on labour affecting the competitive
position of Community enterprises .

(!) COM(93 ) 700 final .

( 2 ) OJ No L 177, 9 . 7 . 1994 .

( 3 ) OJ No C 187, 9 . 7 . 1994 .

( 4 ) OJ No C 204, 23 . 7 . 1994 .

WRITTEN QUESTION E-2160 / 94

by Gerardo Fernandez     - Albor ( PPE )

to the Commission

( 18 October 1994 )

{9 SIC 36 / 84 )

Subject : Community harmonization of family support

measures

The fact that the countries which provide the least assistance
to families, such as Spain and Greece, also show a marked
drop in the birth rate should, in the International Year of the
Family, prompt the European Union to propose that the
Member States review their respective policies on families
with the aim of promoting an increase in the birth rate, the
size of families and their welfare .

The unequal manner in which Member States regulate
family benefits thus represents a form of discrimination
against families in some countries with regard to others .

Can the Commission say whether its proposals for the
International Year of the Family can be expected to include
any aiming to harmonize European Union policy with
regard to certain family benefits, taxation, housing,
maternity leave, parental leave, child rearing, working hours
and protection of single-parent families, with respect to the

institution of the family, to eradicate comparative injustices
such as those suffered by families in Spain and Greece ?

Answer given by Mr Flynn
on behalf of the Commission

(9 December 1994 )

The EC Treaty does not provide for a specific legal basis in
family matters . The powers of the Community in this area
are limited .

However, on the basis of the conclusions of the September

1989 meeting of the Council of Ministers of Family Affairs,
the Commission established a European Observatory on
National Family Policies . The annual reports produced by
this Observatory since 1989 have shown that policies are
gradually converging, even though there are differences
between Member States in the area of family policies as far
as benefits, taxation or parental leave are concerned .

The Commission would also like to remind the Honourable

Member that its proposal on parental leave ( Proposal for a
Council Directive on parental leave and leave for family
reasons ) (*) has been before the Council since 1983 .
Furthermore, the Council adopted, on 31 March and

19 October 1992 respectively, recommendation
92 / 241 / EEC on child care ( 2 ) and Directive 92 / 85 / EEC on
the protection of pregnant workers and who have recently
given birth or are breast-feeding ( 3 ). This Directive provides
for working women to receive maternity leave of at least 14
weeks ' duration . In addition, the White Paper on European
Social Policy ( 4 ) states that the Commission will consider the
possibility of a framework Directive on reconciling family
and working life, including sabbatical and parental leave .
Lastly, under Article K of the Treaty on European Union, a
draft convention on the recognition and implementation of
legal decisions on divorce is currently being discussed .

(*) OJ No C 333, 9 . 12 . 1983 ; amended proposal — OJ No C 316,

27 . 11 . 1994 .

( 2 ) OJ No L 123, 8 . 5 . 1992 .

( 3 ) OJ No L 348, 28 . 11 . 1992 .

( 4 ) COM(94 ) 333 final, 27 . 7 . 1994 .

WRITTEN QUESTION E-2166 / 94

by Honorio Novo ( GUE )

to the Commission

( 10 October 1994 )

( 95 / C 36 / 85 )

Subject : Environmental disaster on the coast of northern

Portugal

The Portuguese coastline near Oporto has just suffered a
major environmental disaster in the shape of an oil spill from

13 . 2 . 95 Official Journal of the European Communities No C 36 / 47

a vessel now known to have failed to meet safety
requirements ( it lacked a double hull ). The oil is spread over
20 km of coastline and has caused colossal losses of

maritime flora and fauna ( with particularly serious
immediate consequences for local fishermen ) and severe
damage to areas of major importance to the tourist industry ;
the cleaning-up operation, which has already begun, is
proving very expensive .

Since it is still impossible to assess the total cost of the
appalling damage done, and in order to avoid any formal or
bureaucratic problems due to disputes about powers ( and
responsibilities ) between central government and local
authorities, and bearing in mind, furthermore, that there
will be no part-session to debate a motion until the end of
the month, I would ask the Commission whether there is any
possibility of emergency aid, given the urgent need and the
nature of that need ?

Answer given by Mr Delors
on behalf of the Commission

( 14 November 1994 )

The only instrument available to the Community for
emergency aid in the event of a disaster is the financial
instrument intended to help victims in the Member States .
The aid is mobilized in the shortest possible time and is
intended to symbolize the solidarity of the Community
peoples in unforeseeable and exceptional disasters with
particularly dire consequences for the life and subsistence of
the inhabitants .

These criteria cannot be said to have been met in the case of

the oil spill on the north coast of Portugal referred to by the
Honourable Member, since it occurred as a result of a failure
in the security system and was not a sudden and
unforeseeable natural disaster . This form of emergency aid
is in any case distinct from other types of financial aid,
whether from Community, national or international funds,
intended for other objectives, such as compensation for
damage, or the financing of structural measures .

With respect to problems concerning fisheries, in the
context of structural intervention, and in particular the
operational programme which provides for intervention in
the fisheries sector, the Portuguese authorities could invoke
Article 14 of Council Regulation ( EC ) No 3699 / 93 of
21 December 1993 ( x ). This Article provides for the
possibility of financing measures for fisheries in the event of
a ' temporary cessation of fishing activities caused by
unforeseen and non-repetitive events resulting from
biological phenomena in particular '.

(M OJ No L 346, 31 . 12 . 1993 .

WRITTEN QUESTION E-2167 / 94

by Bernd Lange ( PSE )

to the Commission

( 10 October 1994 )

( 95 / C 36 / 86

Subject : Aid to help set up an autonomous administration

in Palestine and its allocation

How is the European Union supporting the setting up of an
autonomous administration in Palestine and the

improvement of living conditions for people in that
country ?

1 . What financial resources has the European Union

decided to make available to help set up an autonomous
administration in Palestine and to what objectives or
projects is this aid to be allocated ?

2 . What financial resources has the European Union

decided to allocate to the direct improvement of people 's
living conditions in Palestine ?

3 . What funds have been allocated so far, and what funds

have been disbursed to date ?

4 . Are there problems in the allocation and disbursement

of these funds, and if so, what are they ?

Answer given by Mr Marin
on behalf of the Commission

( 28 October 1994 )

1 . The Commission has responded to the need of the
Palestinian Authority ( PA ) for contributions to the running
costs of the new administration . During 1994 contributions
have been made notably towards the running costs of the
universities ( ECU 15 million ), to the police force ( ECU 20
million ( 1 )), and to a programme for the rehabilitation of
ex-detainees ( ECU 10 million ). All these items appear in the
public sector budget . The Commission is presently making
arrangements to provide running costs support to various
ministries of the PA .

While the provision of running costs support is crucial to the

building of the institutional capacity of the new
administration in the short-term, the Commission wishes to
set a time limit to this . In its efforts to help build up an
autonomous administration, the Commission will be
looking rather to provide technical assistance to build up
management capacity, and sectoral policy-making capacity,
particularly concerning the rationalization of social

sectors .

2 . In 1994 the Commission has funded the following
major projects for the direct improvement of living
conditions : housing programme ( ECU 10 million ), school
construction and renovation ( ECU 10 million ), credit for
SMEs ( ECU 8 million ). Other major projects currently

No C 36 / 48 Official Journal of the European Communities 13 . 2 . 95

implemented, but out of commitments made in earlier years,
include a contribution to the construction of Gaza hospital
( ECU 13 million ), the Rafah sewage project ( ECU 15
million ), and the Rafah and Gaza City solid waste projects

( ECU 2,8 million ). The European Community
Humanitarian Office ( ECHO ) has allocated ECU 4,7
million in 1994 for medical assistance and food aid within

the Occupied Territories .

The Commission has also funded in 1994 a global provision
for technical assistance ( ECU 5 million ) and a survey for
demographic indicators ( ECU 1,4 million ). The
Commission is funding the technical preparation of
elections ( ECU 1,9 million ).

Under the EC-UNRWA Convention, the Commission is
making a contribution of ECU 31 million to UNRWA 's
regular budget, as well as ECU 12,9 million contribution to
its food-aid budget .

The Commission will be discussing the allocation of its
funds in 1995 with the Palestinian Authority towards the
end of the year . The emphasis will be placed on institutional
capacity building and on the promotion of fast, equitable
and sustainable growth, especially through infrastructure
projects .

3 . The Commission draws on the budget for the direct
aid to the Palestinian population of the Occupied Territories

( B7-4083 ), but also on a variety of other ' horizontal ' budget
lines . All funds available on B7-4083 in 1994 have been

allocated .

For the years 1987-1990, 90% of funds committed on the
direct aid budget line have been disbursed . The figures for
the following years are the following : 1991 — 73 %, 1992
— 74%, 1993 — 60%, 1994 — 9% .

4 . The Commission will undertake its first programming
exercise with the Palestinian Administration for the

allocation of the funds later in the year .

The somewhat disappointing rate of disbursement of 1994
commitments is due in large part to the lack of institutional
capacity of the beneficaries . This goes for example for the
beneficiary of the housing project, the Palestinian Housing
Council, which is experiencing management difficulties . For
the police force, on the contrary, all of the ECU 5 million
committed in May for running costs have been
disbursed .

The present problems with institutional capacity are only to
be expected, given that the Occupied Territories are
emerging from 27 years of occupation . The state of affairs
does underline the need for donor support for institutional
capacity building .

(*) ECU 10 million were committed in May 1994, of which ECU 5

million for running costs and ECU 5 million for non lethal police
equipment . It is proposed to commit a further ECU 10 million
for police running costs .

WRITTEN QUESTION E-21 76 / 94 .

by Hiltrud Breyer ( V )

to the Commission

( 18 October 1994 )

( 95 / C 36 / 87 )

Subject : Illegal transfer of lithium-6 from Russia to the

EU

In August 1994, experts from the European Institute for
Transuranium Elements in Karlsruhe discovered an illegal
transfer from Moscow to Munich of plutonium together
with as much as one kilogram of lithium-6 . Lithium-6 is
used exclusively to produce tritium, which fuses with
deuterium to produce the explosive force of the hydrogen
bomb . According to the ' Nuclear Weapons Databook '
( Cambridge, Mass ., 1984 ), all the tritium production
reactors in the USA combined produced a total of 2,8 kg of
tritium in 1981 . Clearly, therefore, the lithium find in
Munich is both quantitatively very significant and very
valuable .

1 . How many grams of lithium-6 were transferred from

Moscow to Munich this summer ?

2 . At which sites is lithium-6 produced in the EU and how
much does each site produce ?

3 . Where does the lithium-6 found in Munich originate ?

4 . Who now owns the lithium-6 found in Munich ?

5 . What is the link between lithium-6 and the allegedly new

dangerous substance known as ' red mercury '?

6 . Have the investigations into the origin of the plutonium
found with the lithium-6 in Munich been completed ? If
not, why not ? If so, in which plant does the plutonium
found in Munich originate ?

7 . Who now owns the plutonium found in Munich ?

Answer given by Mr Oreja
on behalf of the Commission

( 30 November 1994 )

1 . About 200 gr . of lithium-6 were contained in the
shipment to which the Honourable Member refers .

2 . As there is only very limited civil use of lithium-6
( minute quantities in sensing devices and in fusion research )
the Commission is not aware of a separation plant for

13 . 2 . 95 Official Journal of the European Communities No C 36 / 49

lithium-6 in the civil nuclear domain in the Community . The
Commission cannot exclude that very small quantities of
lithium-6 might be produced in the context of research or
for medical applications but such quantities are likely to be
insignificant .

3 . According to published information it is probable that
the seized lithium-6 was produced in the former Soviet
Union .

4 . The material has been seized by the German
authorities .

5 . There is no link . Whether or not the so-called ' red

mercury ' is a dangerous material is still not clear . Official
IAEA and US statements indicate that this material has no

role in nuclear applications . Reference is made to an article
in ' Atomwirtschaft ' September 1994, in which it is stated
that from a scientific point of view the use of red-mercury
remains unclear .

6 . The Commission provided assistance to the German
authorities and determined the amount and composition of
lithium-6 . The majority of the technical analyses concerning
the plutonium have been completed . Following these
analyses there is no indication whatever that the plutonium
stems from the civil nuclear cycle in the Community . On the
contrary ' fingerprinting ' analyses indicate that the
plutonium originated in an RMBK reactor ( Russian type of
reactor ).

7 . The plutonium has been seized by the German
authorities . Once the legal procedures have been terminated
the provisions of Chapter VIII of the Euratom Treaty will
apply .

WRITTEN QUESTION E-2 178 / 94

by Hiltrud Breyer ( V )

to the Commission

( 18 October 1994 )

( 95 / C 36 / 88 )

Subject : Plutonium separation and storage in the EU

1 . According to the German Government, at the end of
the material balance period, the IAEO and Euratom
independently evaluate the material balance for plutonium
and the MUF ( Material Unaccounted For ) value in the
Sellafield and La Hague plants . What has been the annual
MUF value for plutonium over the last ten years :

( a ) in the La Hague reprocessing plant,

( b ) in the Thorp reprocessing plant,

( c ) in the Dounreay reprocessing plant ?

2 . What MUF value ( expressed as a percentage of the
throughput of fissile material ) does the Euratom Safeguards
expect under normal circumstances in the La Hague and
Sellafield reprocessing plants ?

3 . Is there a formal agreement ( in the sense of a ' facility
attachment ') between the operators of the reprocessing
plants at Sellafield, La Hague and Dounreay and the
International Atomic Energy Agency on the monitoring of
those plants by IAEA inspectors ? If not, why not ?

4 . How many kilograms of separated plutonium are
there currently in the EU, broken down by individual
locations ?

5 . Is there an EU agreement or a Directive banning the
storage of large quantities of plutonium in a non-atomic
weapon State where there is no guarantee that the fissile
material will be reprocessed as part of a civil nuclear
programme ?

6 . Is it true that under a 1984 agreement between the
Member States of the EU the plutonium of German origin
stockpiled in La Hague will not be transferred to the Federal
Republic until it can be reprocessed to MOX fuel elements

( see Nuclear Fuel, 21 June 1993 )?

7 . Does Community law permit nuclear states in the
Union to use for nuclear weapons fissile material originating
in non-nuclear States of the Union ?

Answer given by Mr Oreja
on behalf of the Commission

( 30 November 1994 )

1 . Commission is not at liberty to disclose actual values
of Material Unaccounted For ( MUF ).

2 . MUF denotes a book physical inventory difference
which is a random variable oscillating around the ' 0 ' value .
In order to evaluate MUF, the standard deviation of MUF is
one of the appropriate statistical testers whose numerical
values are frequently in the range of 2 / 10 of one percent . It
should, however, be mentioned that a number of additional
evaluation methods are applied to safeguard reprocessing
plants and the attention of the Honourable Member is
drawn, for example, to the report on the operation of
Euratom safeguards (*), where the methodology is described
in more detail .

3 . Civil nuclear installations of the Community, apart
from being under Euratom safeguards, are subject to IAEA
safeguards pursuant to the voluntary offer safeguards
agreements Infcirc / 263 and Infcirc / 290 . The designation of

No C 36 / 50 Official Journal of the European Communities 13 . 2 . 95

such installations for IAEA inspections is a decision of the
IAEA and installations at La Hague and Sellafield have been
so designated .

4 . In the Safeguards Report (*) at page 8, Table II.2 is
stated that on 31 December 1992 approximately 72,000 kg
of the plutonium stock was in form of fresh i.e. reprocessed
plutonium . The Commission is not at liberty to disclose
detailed stock figures .

5 . There is no Regulation which would forbid the storage
of amounts of plutonium in a non-nuclear weapon Member
State of the Community . Moreover, the Commission would
not consider such a Regulation as meaningful, since :

( a ) Pursuant to Chapter VIII of the Eur atom Treaty

( Article 86 ) ' The special fissile materials shall be the
property of the Community '.

( b ) Safeguarding of plutonium storages can be and is being

performed in a particularly cost effective fashion, i.e.,
high quality safeguards with comparatively low

costs .

6 . The Commission has not been informed about such an
agreement between Member States .

7 . In view of Chapter VIII of the Treaty there is no need
to follow the origin of the nuclear material in the
Community but only — pursuant to Article 77b — the
safeguarding obligations on nuclear material . To this end
the Commission re-confirms that one of the objectives of
safeguards, pursuant to Chapter VII of the Treaty is to
ensure that there is no net loss of civil material to non-civil

use in quantity and quality .

(M COM(94 ) 282 final .

WRITTEN QUESTION E-2184 / 94

by Sérgio Ribeiro ( GUE )

to the Commission

( 21 October 1994 )

( 95 / C 36 / 89 )

Subject : Abuse of the freedom of movement in the

contracting of workers

The freedom of movement of persons is being seriously
exploited as a means of contracting workers in Portugal to
work in other Community countries in situations where
fake contracts, low wages, long working hours, poor living

and working conditions and no right to social security are
the norm : witness the recent case of 1 800 Portuguese who
had been working in Germany and returned to Portugal
with the support of the Portuguese authorities .

Is the Commission aware of these situations ? What

measures does it intend to take to protect the, economic and
social rights of citizens of Member States working under
sub-contract in a Community country other than their
country of origin ?

Answer given by Mr Flynn
on behalf of the Commission

(7 December 1994 )

The Commission is aware of the risk of exploitation of
workers in trans-national sub-contracting, and is concerned
at the situation of Portuguese workers employed in the
building trade in several parts of Germany . While the free
provision of services must be encouraged in the Community,
it should not lead to abuses in the use of manpower .

This was the approach taken by the Commission when it
draw up its proposal for a Directive on the posting of
workers in the framework of the provision of services . The
very purpose of the legal certainty which this proposal
would provide is to encourage the mobility of workers by
preventing abuses of this kind, which endanger the free
provision of services and fair competition between
companies .

The national social security systems are, by virtue of
Article 51 of the EC Treaty, coordinated by Council
Regulation ( EEC ) No 1408 / 71 ( ! ). Title II of the Regulation
lays down rules that determine the applicable social security
legislation including the general principle that people are
subject only to the legislation of the Member State on whose
territory they exercise an activity ( Article 13 ( 2 ) ( a ) — ( b )).
Title II provides for several exceptions to this rule, in
particular in the case of posting ( Articles 14 and 14 ( a )).
Within the restrictions provided in these articles, those
posted remain subject to the legislation of the Member State
on whose territory they normally exercise their activity . In
order to prove that they fulfil the conditions of Articles 14
and 14 ( a ), the authorities issue form E101 to them .

The Commission amended its original proposal at the
request of the Parliament to include a provision to
encourage cooperation between Member States and mutual
assistance in replying to any request for information about
the working conditions applicable to posted workers,
including manifest abuse and possible cases of illegal
cross-border activity .

In addition, any worker required to work in another
Member State must, under Council Directive 91 / 533 / EEC

13 . 2 . 95 Official Journal of the European Communities No C 36 / 51

of 14 October 1991 ( 2 ), be informed of the terms of his
contract or working relationship .

(!) OJ No L 149, 5 . 7 . 1971 .
( 2 ) OJ No L 288, 18 . 10.1991 .

programme, despite the fact that several of them have been
mentioned in the Corine Programme . The municipality of
Nea Artaki is calling for the Livadi area, between the
municipalities of Nea Artaki and Psakhna, to be designated
a protected habitat . The Elikon Conservation Committee,
backed by 300 signatures from the inhabitants of Thebes,
Thespies, Askraia, Livadia, Lefktra, etc ., is calling for Mt .
Elikon to be designated a protected habitat .

Can the Commission state :
WRITTEN QUESTION E-2194 / 94

by Alexandros Alavanos ( GUE )

to the Commission

( 21 October 1994 )

1 . what steps it will take to carry out a general review of

habitats of Community interest in Greece so as to
include new, environmentally important habitats ?

( 95 / C 36 / 90 2 . what action it can take in the event of damage to habitats
mentioned in programmes such as Corine ?

Subject : Discrimination in education

A Greek student who passed the French baccalauréat
applied in July 1994 to the Faculty of Law at the Free
University of Brussels ( ULB ). After one month she received a
letter of rejection stating that she should go to a French
university or that she should first have been accepted by a
Greek university . Can the Commission state whether the
ULB has any right under Community law to refuse this
student who has passed the baccalauréat ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 22 November 1994 )

1 . The Livadi biotope on Mount Elikon can be protected
through inclusion in the ' Natura 2000 ' ecological network
of special conservation areas . The Greek authorities are
helping to set up the network through the 1994 LIFE project
' Inventory, identification, evaluation and mapping of the
habitat types and fauna and flora species in Greece '.

Answer given by Mr Flynn
on behalf of the Commission 2 . When biotopes listed in the Corine inventory are

(9 December 1994 ) damaged the Commission can intervene in respect of
Member States ' obligations under Community law .

The Commission brought an action against Belgium in
connection with Community nationals ' access to vocational

training, mainly at university level, in Belgium . The Court
ruled on 3 May 1994 ( in Case 47 / 93 ) that Belgium had failed
to fulfil its obligations under Articles 5 and 7 of the EC
Treaty .

The Commission is now investigating whether Belgium has
taken steps to comply with the judgment of the Court of
Justice .

WRITTEN QUESTION E-2196 / 94

by Alexandros Alavanos ( GUE )

to the Commission

( 21 October 1994 )

( 95 / C 36 / 91

Subject : Review of the system of protected habitats in

Greece

There are increasing calls for the protection of habitats in

Greece which have not been included in any protection

WRITTEN QUESTION E-2205 / 94

by Maria Aglietta ( V )

to the Commission

( 21 October 1994 )

( 95 / C 36 / 92 )

Subject : Approval of the Carru'-Cuneo motorway link

project and the negative conclusions of the
Environmental Impact Assessment ( EIA )
Committee

Mr Bettini made representations in the past to the
Commission highlighting the danger of approving the
Carru'-Cuneo motorway link project despite the negative
conclusions of the EIA Committee . In its reply, the
Commission notified him of the previous Italian
Government 's decision to scrap the project .

By a decree of the Prime Minister of 6 September 1994 the
Italian Government decided to approve the Satap project for
the construction of the A 6 motorway link between
Massimini and Cuneo, this being the scheme concerning

No C 36 / 52 Official Journal of the European Communities 13 . 2 . 95

which the Environment Ministry 's EIA Directorate-General
had delivered a negative opinion in 1992 .

As a result of the wording of the prime ministerial decree of
6 September 1994, the Environment Minister, Mr Matteoli,
has announced that the cannot make critical comments on

the project 's compatibility with the environment on the
basis of the technical assessment carried out .

What steps does the Commission intend to take in this
matter, taking into account also the fact that local
inhabitants have submitted a petition to the European
Parliament through the Legambiente ( the Italian League for
the Environment ) criticizing the scheme ?

agreement in question, i.e debt reduction in exchange
for logging ?

3 . What is the Commission 's opinion of this agreement ?

%

4 . Is such an agreement in keeping with sustainable
development and the positions adopted by the European
Union, including the European Parliament, concerning
rainforests ?

5 . What measures does the Commission intend to take to

stop this agreement being implemented and the resulting
large-scale logging in Cameroon ?

Answer given by Mr Marin
on behalf of the Commission

Answer given by Mr Paleokrassas ( 21 November 1994 )

on behalf of the Commission

( 22 November 1994 )

The Commission has taken the matter up with the Italien
authorities once more and the Honourable Member will be

kept informed of developments .

WRITTEN QUESTION E-2206 / 94

The points raised in the Honourable Member 's question are
matters of bilateral national policy, over which each
Member State has complete control .

As a result, the Commission cannot comment on them,
particularly as they are the product of press speculation .

WRITTEN QUESTION E-2210 / 94

by Magda Aelvoet ( V )

by Luigi Florio ( FE )
to the Commission

to the Commission

( 21 October 1994 )

( 13 October 1994 )
( 95 / C 36 / 93

( 95 / C 36 / 94 )

Subject : Logging agreement between Cameroon and
France

According to reports in the ' Cameroon Post ' and the ' New
Scientist ' of 29 January 1994, an agreement has been signed
between France and Cameroon in which a part of
Cameroon 's debts have been written off in exchange for
almost exclusive exploitation rights for the tropical forest in
Cameroon for a number of French enterprises .

The main company concerned is the ' Societe forestiere
industrielle de la Doume ' ( SFID ), in which Jean-Christophe
Mitterand, son of the French President, is one of the leading
figures . SFID forms part of the Rougier group which has
been logging in Cameroon since 1947 and currently exports
more than 250 000 m 3 of wood from Cameroon .

1 . Can the Commission confirm these reports ?

2 . In the 1980s, agreements were concluded coupling debt
reductions with agreements on forest protection . Does
the Commission agree that the opposite is the case in the

Subject : Behaviour of certain magistrates in Italy

Does the Commission intend to take - steps to remind those
Italian magistrates who for some time now have regularly
used the media to disclose information covered by judicial
secrecy, to make statements which amount to ' warnings ' or
to announce political and legislative initiatives of their own,
of the need to respect the principles on which the rule of law
is based ?

Answer given by Mr Flynn
on behalf of the Commission

(7 November 1994 )

While it is fully associated with work in the field of judicial
cooperation and enjoys a right of initiative where this
cooperation relates to civil matters, the Commission does
not consider that it has any power to intervene in the
internal professional code of ethics applicable to the

1-3 . 2 . 95 Official Journal of the European Communities No C 36 / 53

judiciary in a Member State, who come under the sole
jurisdiction of the authorities of the State .

WRITTEN QUESTION E-2220 / 94

by Michl Ebner ( PPE )

to the Commission

( 21 October 1994 )

( 95 / C 36 / 95 )

Subject : Design of car registration plates in the EU

It has to be recognized that symbols are often far better able
to promote the European consciousness of citizens in the
Member States than some important but very technocratic
regulations .

For this reason, the introduction of a common motor vehicle
registration plate in the Member States of the Community
would be of great importance .

How successful have been the efforts to introduce a

common motor vehicle registration plate in the Member
States incorporating the flag of the European Union in its
design ?

Answer given by Mr Oreja
on behalf of the Commission

(7 November 1994 )

The Commission is aware of the intention of the British

Government to open the gas market to more competition
and choice . It welcomes any move towards the objective of
the Commission 's proposal for common rules for the
internal natural gas market ( amended proposal for a
Directive concerning rules for the internal market in
gas ) (*).

As guardian of the EC Treaty, the Commission will closely
examine, under its usual procedures, any issues which arise
concerning the compatibility with the Community law of
any changes in the United Kingdom .

. 0 ) OJ No C 123, 4 . 5 . 1994 .

WRITTEN QUESTION E-2233 / 94

by Anita Pollack ( PSE )

to the Commission

( 26 October 1994 )

( 95 / C 36 / 97 )

Answer given by Mr Oreja
on behalf of the Commission

(9 December 1994 ) Subject : International Green Cross

The Commission would refer the Honourable Member to its Is the Commission aware of the ecological organization
answer to Written Question No 2574 / 92 by Mr known as International Green Cross which is developing in
Fernandez - Albor (*). some countries following an initiative by Mikhail

Gorbachev in 1993 and does it have any contact with this
organization ?
(M OJ No C 86, 26 . 3 . 1993 .

Answer given by Mr Paleokrassas

on behalf of the Commission

WRITTEN QUESTION E-2230 / 94 ( 22 November 1994 )

by Carole Tongue ( PSE )

to the Commission

( 18 October 1994 )

( 95 / C 36 / 96 ) '

Subject : Study on transfer of operations

Given proposed changes in the UK operations of British
Gas, which include transfer of operations to different
contractors, would the Commission undertake a study into
the compatibility of these changes with the relevant EU
legislation ?

The Commission is aware of the creation of the

International Green Cross .

The Commission has no contact with this organization .
Nevertheless the Commission has received two requests for
funding from a national Green Cross, namely the UK Green
Cross . The first was not eligible for funding, whereas the
second is still under examination .

No C 36 / 54 Official Journal of the European Communities 13 . 2 . 95

WRITTEN QUESTION E-2242 / 94

by Kirsten Jensen ( PSE )

to the Commission

( 26 October 1994 )

(9 SIC 36 / 98 )

Subject : Eco-la belling of products

Is it true that, under the eco-labelling scheme, the higher the
sales of an environment-friendly product, the more has to be
paid for the label, or are the costs of awarding labels paid on
a once-only basis, so that choosing such products is a
commercially attractive proposition and changes in
consumer habits do not mean that producers or retailers are
worse off ?

has already instituted proceedings against Greece for failure
to communicate national measures implementing Directive
90 / 313 / EEC ( 2 ) on the freedom of access to information on
the environment . The proceedings are now under way .'

Since I often receive complaints that those concerned are
unable to obtain information about major projects in
Greece, will the Commission say exactly what progress has
been made as regards the initiation of proceedings under
Article 169 and what deadlines the relevant Greek

authorities have been given to comply with the above
Directive ?

(!) OJ No C 251, 8 . 9 . 1994, p . 20 .

( 2 ) OJ No L 158, 23 . 6 . 1990, p . 56 .

Answer given by Mr Paleokrassas

on behalf of the Commission

Answer given by Mr Paleokrassas ( 23 November 1994 )

on behalf of the Commission

( 30 November 1994 )

Every application for the award of an eco-label is subject to
the payment of an application fee, the guideline figure for
which is ECU 500 . In addition, the applicant is required to
pay an annual fee, calculated as a percentage of the annual
volume of sales within the Community of the product to
which the eco-label is awarded . The guideline figure for the
percentage of the annual volume of sales is 0,15% .
However, competent bodies are at liberty to set fees at levels
20 % greater or smaller than the guideline figures mentioned
above .

The indicative guidelines for the fixing of costs and fees in
connection with the eco-label are detailed in Commission
Decision 93 / 326 / EEC f 1 ).

(!) OJ No L 129, 27 . 5 . 1993 .

WRITTEN QUESTION E-2243 / 94

by Mihail Papayannakis ( GUE )

As stated in its anwer to Written Question No 2880 / 93, the
Commission did indeed institute the proceedings provided
for in Article 169 of the Treaty against Greece for failure to
communicate national measures implementing Directive
90 / 313 / EEC ( freedom of access to information on the
environment ) and sent the Greek authorities a letter of
formal notice .

As Greece did not reply to this letter, the Commission then
forwarded a reasoned opinion to the Greek Government
concerning its failure to communicate national measures
implementing the Directive in question .

Greece has not yet responded to the reasoned opinion . The
Commission will decide what steps to take next by the end
of the year .

WRITTEN QUESTION E-2248 / 94

by Peter Truscott ( PSE )

to the Commission

( 26 October 1994 )

to the Commission 95 / C 36 / 100

( 26 October 1994 )

( 95 / C 36 / 99 )
Subject : Raytheon Corporate Jets ( UK )

Subject : Violation of Directive 90 / 313 / EEC

In his reply of 23 February 1994 to my Written Question
E-2880 / 93 C ) the Commissioner for the Environment states
' pursuant to Article 169 of the EEC Treaty the Commission

Could the Commission comment on the proposed closure of
the UK plant at Hatfield by Raytheon Corporate Jets and the
transfer of European aviation skills and technology to the
United States . Does the Commission see such technology
and skill transfers as a possible threat to the Airbus
project ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 55

Answer given by Mr Bangemann

on behalf of the Commission

( 23 November 1994 )

Although the Commission is not in a position to comment
on the particular factors leading up to Raytheon 's recent
announcement of the decision to transfer production of
corporate jets to Wichita, Kansas, it is naturally saddened by
the impending closure of the facilities at Hatfield and
Broughton in the United Kingdom .

In its communication ( J ) of 29 April 1992 entitled ' The
European Aircraft Industry : First assessment and possible
Community actions ', the Commission recognized the
importance of technological and skill levels among the
factors vital to the continued development of a strong,
competitive and dynamic European aircraft industry .

substances . In order to implement these tighter controls
effectively the Commission relies on close collaboration
with Member States to vet prospective importers and to
ensure that the holders of import quotas are complying
with the requirements of Council Regulation ( EEC )
No 594 / 91 ( a ) on ozone depleting substance .

The Commission has also addressed the issue of apparent
illegal imports in its regular Igpol meetings ( industrial group
for the protection of the ozone layer ) where it requested
industry for help in providing clear evidence and data .

I 1 ) OJ No L 67, 14 . 3 . 1991 .

WRITTEN QUESTION E-2272 / 94

(M COM(92 ) 164 final . by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 31 October 1994 )

( 95 / C 36 / 102 )

WRITTEN QUESTION E-2254 / 94

by David Bowe ( PSE )

to the Commission

(9 November 1994 )

95 / C 36 / 101

Subject : Import, sale and use of CFCs

Does the Commission propose to take any action with
regard to the recent illegal import, sale and use of CFCs in
the Union ?

Answer given by Mr Paleokrassas

Subject : Final report on the Munich-Verona Brenner Pass

route

Has the Commission received the final report on the
construction of the new Munich-Verona Brenner Pass

route ?

What is the Commission 's assessment of the report ?

Have alternative routes, especially ones which would take
less time to build than the Brenner Pass route, been
assessed ?

Can the Commission supply a copy of the final report ?

on behalf of the Commission Answer given by Mr Paleokrassas

on behalf of the Commission
(6 December 1994 )

(2 December 1994 )

The Commission has followed with concern the recent
press coverage of an alleged illegal trade in
chlorofluorocarbons .

European legislation on ozone depleting substances makes
the release into free circulation in the Community of
controlled substances subject to quantitative limits and to
the presentation of an import licence issued by the

Commission . The authorities of the Member State into

which the importation is expected receive a copy of each
licence issued .

In 1994 the Commission adopted a number of measures to
tighten the control on imports of ozone depleting

The Commission has received a copy of a feasibility study
which has been carried out in relation to the Munich ­

Verona Brenner Pass .

This study only considers the question of the feasibility of
the project . If the project goes ahead a full environmental
impact assessment will be required under Council Directive

85 / 337 / EEC ( ! ) on the assessment of the effects of certain
public and private projects on the environment .
Assessments under the Directive are required, where
appropriate, to refer to the main alternatives studied by the
developer . The relevant authorities in the Member States
concerned will have to take the assessment into account

during the development consent process .

No C 36 / 56 Official Journal of the European Communities 13 . 2 . 95

As the agreement of the Member States concerned is
necessary the Honourable Member should in the first
instance clarify with them .

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

WRITTEN QUESTION E-2276 / 94

by Alfred Lomas ( PSE )

to the Commission

(9 November 1994 )

quality of water intended for human consumption and
therefore their presence in drinking water cannot indicate a
breach of the Directive .

In the light of its investigations the Commission decided to
close the file and informed the complainant of its
decision .

(!) OJ No L 229, 30 . 8 . 1980 .

WRITTEN QUESTION E-2282 / 94

by Roberto Mezzaroma ( FE )

to the Commission
( 95 / C 36 / 103

(9 November 1994 )

95 / C 36 / 104 )

Subject : UK contravention of EC Directives on pollution

An organization in my constituency, LAMP ( Londoners
against Media Pollution ) has supplied the Radiation
Protection department of the EC with evidence, firstly, on
fire risks and, secondly, on emissions to the atmosphere and
to water from local printworks in East London . Both reports
were accepted by the Commission with the assurance that
they would be registered as complaints and that file numbers
would be sent . The EC assured LAMP that Regulations were
indeed being broken and that there were EC Directives
which were being contravened by the British
Government .

No file numbers were issued . I wrote to the Radiation

Protection department and was advised that pressure should
be brought to bear on the UK authorities to comply with the
EC Directives . LAMP has spent several years pressurizing
the UK authorities to do just that . Will the Commission now
take action to ensure that the UK Government complies
with the EC Directives ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(7 December 1994 )

The information supplied, which related to several
environmental Directives, was registered as a complaint and
investigated by the Commission .

In respect of the Directive relating to accident hazards and
emissions to air, the available information was inadequate
to enable the Commission to determine whether or not the

provisions of the relevant Directives had been complied
with . Information provided in respect of other Directives
did not indicate a breach of their provisions . Included in this
latter category was the complainant 's allegation that
caesium 137, strontium 90, plutonium and radium were
present in drinking water . These substances are not included
within the terms of Directive 80 / 778 / EEC ( a ) relating to the

Subject : Protecting the human dignity of the disabled and

their families

Can the Commission say how Community measures and
programmes take into account the need to protect the

( human ) dignity of the disabled ?

Can the Commission say whether and, if so, provide reliable
details showing how, Community measures have helped the
disabled ?

Answer given by Mr Flynn
on behalf of the Commission

( 19 December 1994 )

The main responsibility for protecting the human dignity of
the disabled and their families lies with the Member States .

However, the Commission is running Community-level
cooperation projects, mainly on the basis of the Helios II
Programme, aimed at increasing the effectiveness of
measures which can be taken in this area . The specific
contribution made by the Helios Programme is to highlight
the need for a comprehensive and coherent policy which
takes account of all the needs, expectations and aspects of
the everyday lives of disabled people, including the question
of their fundamental rights being respected .

Two examples show the direct contribution made by the
Helios Programme to helping disables people :

— the creation of the European Disability Forum, which

allows the disabled to express, through their
representative bodies, their views on the Commission 's
policy regarding the disabled, and which has also given
rise to the creation of national representative councils
for the'disabled in several Member States ;

— the start-up of the Handynet system, which provides the

disabled, their families and rehabilitation specialists
with information on technical aids available on the

European market .

13 . 2 . 95 Official Journal of the European Communities No C 36 / 57

The European Social Fund, particularly through the
Horizon initiative, and the TIDE Programme also provide
for measures having a direct bearing on the integration of
disabled people .

Finally, it should be emphasised that the White Paper on
European Social Policy (- 1 ) proposes that Community
activities should in future be widened to include specific
measures to combat discrimination, especially against the
disabled .

(!) COM(94 ) 333 .

endeavouring to produce proposals for Parliament and
Council Decisions on action programmes, four of which
have already been presented :

— promotion, education and training in the field of public

health,

— cancer,

— drugs,

— AIDS and certain other communicable diseases .

In the more specific area of diseases related to environmental
pollution, preparatory work is under way, since this area
was established as a priority in the abovementioned
communication . The Commission will take full account of

the resolution of Parliament and of the results of the

WRITTEN QUESTION E-2283 / 94 abovementioned conference in this work .

by Ursula Schleicher ( PPE )

to the Commission (M COM(93 ) 559 final .

(9 November 1994 )

95 / C 36 / 105

Subject : WHO Conference on ' Environment and Health ' in

Helsinki of June 1994

In May 1 994, the European Parliament adopted a resolution
on the environment and health stating its position with
regard to the Helsinki . Conference .

Can the Commission, as a participant at the Conference,
indicate which of the European Parliament 's demands it
intends to implement in the European Union on the basis of
the outcome of the Helsinki Conference ?

Answer given by Mr Flynn
on behalf of the Commission

WRITTEN QUESTION E-2284 / 94

by Brian Crowley ( RDE )

to the Commission

( 31 October 1994 )

( 95 / C 36 / 106 )

Subject : Unemployment benefits

Has the Commission assessed the different rates paid to the
unemployed in the individual Member States and, if so, can
it provide details of these rates for comparative
purposes ?

( 13 December 1994 ) Answer given by Mr Flynn
on behalf of the Commission

( 18 November 1994 )
Parliament 's resolution was circulated to all participants at
the Helsinki Conference, and the conclusions of the action
plan for the environment and health in Europe, which was

Following Council recommendation 92 /

adopted on 22 June 1994, included the following :

Paragraph 32 :

' We note with satisfaction the resolution of the

European Parliament submitted to this Conference . We
are confident that collectively we have the will, the means
and the commitment to succeed in these endeavours .'

As regards the Community 's general approach and priorities
for the application of Article 129 of the EC Treaty, the
Commission has drawn up a communication on the
framework for action in the field of public health ( l ) and is

Following Council recommendation 92 / 442 / EEC of 27 July

1994 C ) on the convergence of social protection objectives
and policies, the Commission will submit regular reports on
the development of Member States ' policies . The first
report ( 2 ) has been published in 1994 under the title ' Social
Protection in Europe '. Chapter IV contains a comparison on
unemployment benefits ( table 11, pages 57-58 ) calculated at
July 1992 levels as a percentage of the average earnings of

manual workers in manufacturing industry .

t 1 ) OJ No L 245, 26 . 8 . 1992 .

( 2 ) COM(93 ) 531 .

No C 36 / 58 Official Journal of the European Communities 13 . 2 . 95

QUESTION E-2306 / 94 publish a report of this kind on EU development

Sérgio Ribeiro ( GUE ) cooperation, covering activities under the EDF and the EU

to the Commission budget ?

WRITTEN QUESTION E-2306 / 94

by Sérgio Ribeiro ( GUE )

( 15 November 1994 )

( 95 / C 36 / 107 )

Answer given by Mr Marin
on behalf of the Commission
Subject : Accidents at Portuguese construction sites
( 30 November 1994 )

Portugal has one of the worst records amongst the Member
States for accidents at work, some of them on a large scale,
such as a recent accident in Setubal, which appears to have
taken place in a temporary construction site during civil
building work and claimed seven victims .

As there is a Directive ( No 92 / 57 / EEC ( 1 )), concerning
minimum safety and health standards to be observed at
temporary or mobile construction sites, and since Portugal,
as a Member State, was obliged to ' bring into force the laws,
regulations and administrative provisions necessary to
comply with this Directive by 31 December 1993 at the
latest ' ( Article 14 ), which it did not do, despite the fact that
somewhat ironically, the Directive had been signed by the
Portuguese Minister who was President-in-Office of the
Council, can the Commission state whether it does not share
the responsibility of the authorities of the Member State for
accidents which have occurred because no action was taken

to ensure that Article 14 of the Directive was complied
with ?

f 1 ) OJ No L 245, 26 . 8 . 1992, p . 6 .

Answer given by Mr Flynn
on behalf of the Commission

Each autumn, the Commission prepares a report on the
Community 's development aid .

The report gives an overview of all such aid, from both EDF
and budget sources, targeted at countries covered by the
Lome Conventions and others in the Mediterranean, Asia
and Latin America .

The OECD development aid committee examines the report
each year .

WRITTEN QUESTION E-23 14 / 94

by Thomas Megahy ( PSE )

to the Commission

( 15 November 1994 )

( 95 / C 36 / 109

Subject : Homelessness
(7 December 1994 )

Under the terms of Article 14 ( 1 ) of Directive 92 / 57 / EEC, it
is for the Member States to bring into force the laws,
regulations and administrative provisions necessary to
comply with the Directive .

For its part, the Commission has initiated proceedings
against Portugal on the basis of Article 169 of the EC Treaty
for failure to communicate any measures incorporating the
Directive into national law .

The Commission 's White Paper on European Social Policy
— A Way Forward For The Union, whilst showing an
awareness that housing is a key issue in combating social
exclusion ( Chap VI, Articles 15 and 20 ), fails to deal with
homelessness and does not put forward any measures either
to prevent homelessness or to help its victims .

Has the Commission any plans to address this problem
some time in the near future ?

Answer given by Mr Flynn
on behalf of the Commission
WRITTEN QUESTION E-2309 / 94

by Graham Watson ( ELDR )

to the Commission

( 15 November 1994 )

( 95 / C 36 / 108 )

Subject : Accountability of EU development aid policy

Most aid donors produce an annual report informing the
public of their activities . Will the Commission undertake to

As indicated in the White Paper on European Social
Policy ( x ) the prevention of homelessness is an integral part
of the on-going battle against social exclusion .

However, it must be pointed out that housing policy is
primarily a matter for national, regional and local
authorities ; and, in application of the principle of
subsidiarity, the Commission 's primary function lies in

( 30 November 1994 )

13 . 2 . 95 Official Journal of the European Communities No C 36 59

contributing to the process of cooperation, at Community
level, between the Member States . The Commission
supports the exchange of information, mainly through
informal meetings between the ministers responsible for
housing in the Member States . In the most recent
declaration adopted by the ministers on 6 / 7 July 1994, the
link between housing and social exclusion was recognized,
and the Commission was invited to keep the ministers
informed about its initiatives in the field of social

exclusion .

Nevertheless, the means to fight and to reduce homelessness
was one of the main issues tackled within all three of the

Community programmes to combat poverty, and is fully
taken on board in the Commission 's proposal in September

1993 ( 2 ) for a new programme to combat exclusion and
promote solidarity . It should be mentioned, however, that
the Commission 's approach — whether within the earlier
programmes or in its proposal for a new one — does not
address the situation of specific population groups, but an
integrated or ' multidimensional ' approach to social
exclusion in a given area . This being said, the improvement
of housing conditions and the integration of homeless
people were important elements in several of the model
actions supported by the ' Poverty 3 ' Programme, in
particular in urban areas .

In addition, the Commission cooperates with the European
federation of associations working with homeless people
( Feantsa ), a network created as a follow-up to the
implementation of the second Community programme to
combat poverty, or ' Poverty 2 ', and which includes several
associations supported in the context of this programme .
Feantsa activities at European level are co-funded by the
Commission on a regular basis . Feantsa is a member of the
European anti-poverty network ( EAPN ) which is not only
fully supported in financial terms by the Commission, but is
also consulted by the Commission on poverty and exclusion
issues .

(!) COM(94 ) 333 final .

( 2 ) COMÍ93 ) 435 final .

WRITTEN QUESTION E-2395 / 94

Which applications have been rejected and why, and which
are still under consideration ?

Answer given by Mr Flynn
on behalf of the Commission

(2 December 1994 )

With regard to the 1993 financial year, the list of projects
undertaken, classified by Member State, is being forwarded
directly by the Commission to the Honourable Member and
to the Secretariat of Parliament . A total of 122 projects
entailing 290 measures, costing ECU 15,5 million, were
launched .

As regards the 1994 financial year, the situation at
4 November 1994 is as follows : the total number of

applications received by the Commission stands at 169,
representing 338 measures at an overall cost of ECU 19,7
million . 114 applications have been accepted, representing
232 measures to the amount of ECU 10,3 million . 20
applications have been rejected, representing 20 measures to
the amount of ECU 2 million . A commitment has been given
for 85 applications, representing 168 measures to the
amount of ECU 8 million . The list, classified by Member
State, is being forwarded directly to the Honourable
Member and to the Secretariat of Parliament .

To ensure sound management of the line, it was decided to
set 31 October 1994 as the deadline for making
applications . A large number of applications arrived at the
end of October / beginning of November . 15 applications
were received after 4 November 1994, representing 26
measures costing approximately ECU 3 million . The
Commission is currently examining all the outstanding
applications . About 160 applications are likely to be
accepted, representing some 300 measures .

The entire budget line will be utilized . A certain number of
applications, in respect of which the measures are scheduled
for the end of the first quarter of 1995, may be re-submitted
for inclusion in the 1995 budget line .

by Hugh McMahon ( PSE ) WRITTEN QUESTION E-24 19 / 94

to the Commission by Anne André-Léonard ( ELDR )

(8 November 1994 ) to the Commission

( 95 / C 36 / 110 ) ( 23 November 1994 )

( 95 / C 36 / 111 )

Subject : Budget line B3.4004 1993-94

Subject : Consumer protection and property transactions

How many applications have been approved under this line
and which unions and what countries have been the

recipients ?

The opening of the single European market has
institutionalized two basic principles, that is to say freedom

No C 36 / 60 Official Journal of the European Communities 13 . 2 . 95

of movement of persons, goods and services, on the one
hand, and the right of establishment on the other . However,
these principles cannot be put into practice if consumer
protection is neglected .

While the Commission has taken a number of general
measures for the protection of consumers, no specific rules
have been adopted concerning property transactions,
although this question has prompted some reports and
statements on some points of detail . Many cases have been
reported in which Member State nationals have been victims
of fraud and dishonesty, frequently as a result of legislative
discrepancies within the European Union and the lack of
any guarantees at European level for future purchasers .

Does the Commission consider it possible to draw up a
Directive on the protection of consumers in respect of all
cross-border property transactions within the Union ?

Answer given by Mrs Scrivener

WRITTEN QUESTION E-2449 / 94

by Alfred Lomas ( PSE )

to the Commission

( 30 November 1994 )

( 95 / C 36 / 112

Subject : Immigration controls

Hoverspeed Ltd based in the UK are advising black British
citizens not to travel to France with a Visitor 's Passport,
saying that they will not be allowed into France by French
Immigration Control Authorities unless they have in their
possession a full British passport . Will the Commission take
immediate steps to prevent the French Immigration Control
Authorities from using racial discrimination as grounds for
refusing entry to France and also advise Hoverspeed Ltd to
stop deterring black British citizens from travelling to
France ?

on behalf of the Commission Answer given by Mr Vanni d'Archirafi

( 19 November 1994 ) on behalf of the Commission

( 14 December 1994 )

The Commission is well aware of dishonest practices in
connection with cross-border property transactions and
agrees with the Honourable Member about the need for
action to be taken at Community level to prevent such
practices .

However, the Commission believes that a legislative
measure comparable to that proposed could be achieved
through the harmonization of national legislations with a
view to giving purchasers financial and legal safeguards .
Such harmonization would require all Member States to
give up important features of their long-established laws
governing property ownership ; this would explain their
reluctance to accept the changes which such harmonization
would involve .

The Commission considers that, as a first step, appropriate
information on the legislation in force in each of the
Member States could help to reduce significantly the
number of victims of the abovementioned dishonest

practices ; in this context, the first steps towards providing
more information for property purchasers have already
been taken .

Nevertheless, the Commission is aware that these initial
steps, however comprehensive they may be, are not enough
to solve the problem . The Commission is therefore looking
at possible ways of starting a dialogue with the Member
States with a view to finding a solution acceptable to all
parties while at the same time taking account of the
provisions of Article 222 of the EC Treaty .

The Commission has asked the Member State concerned for

information regarding the facts referred to by the
Honourable Member . It will inform him of its findings .

WRITTEN QUESTION E-2453 / 94

by Gijs de Vries ( ELDR )

to the Commission

( 30 November 1994 )

( 95 / C 36 / 113 )

Subject : Access to Commission data banks for small and

medium-sized businesses

The cost of a subscriber link to the Rapid data bank ( the
Commission 's daily press releases ) is ECU 102 per hour .
This fee, which is the same for multi-nationals and one-man
firms alike, is a strong financial deterrent for small
businesses and private individuals and is at variance with
Parliament 's concern to make the European Union more
transparent and to bring it closer to the citizen .

1 . What is the price policy of the Commission in respect of

each of its data banks ?

2 . Is the Commission prepared to grant easier terms so that
small and medium-sized businesses in particular can
obtain access to Rapid and the other data banks ?

13 . 2 . 95 Official Journal of the European Communities No C 36 / 61

Answer given by Mr Pinheiro

on behalf of the Commission

( 14 December 1994 )

employees who wish to work in the public administration of
another Member State .

Will the Commission undertake to harmonize the laws in

the Member States to allow the free movement of all citizens
The standard hourly rates for on-line consultation of the and guarantee their acquired rights throughout the
databases disseminated by the Commission for which a Union ?
charge is made are as follows :

— Info 92 : ECU 30

Answer given by Mr Flynn
— Abel, Eclas, Eurocron, Scad : ECU 60 on behalf of the Commission

( IS December 1994 )
— Celex, Oil, Rapid, Sesame : ECU 102

— Ted : ECU 60 + ECU 0,8 per document extracted

These prices are in the middle range of the rates charged on
the electronic information market in Europe .

The databases are disseminated through a network of some
50 distributors who enable a level of market penetration
which could not be achieved by the Commission acting on
its own . This network functions properly only if the
reference prices applied by the Commission are in line with
market levels .

With the specific aim of facilitating access by SMEs to

Community information, the Commission has set up a
network of some 200 Euro-Info-Centres . Members of this

network enjoy preferential terms for interrogating the
databases .

In the interests of decentralization, the Commission
considers it more appropriate to work with these regional
relay centres than to lower artificially the reference price of
information for businesses whose membership of a
particular economic grouping is difficult to verify .

WRITTEN QUESTION E-2463 / 94

by Amedeo Amadeo ( NI )

to the Commission

( 30 November 1994 )

( 95 / C 36 / 114 )

Subject : Free movement of persons

Having the status of ' pensioner ' is making life more and
more difficult for those who have already contributed to
society through years of work . The Community does not
help to guarantee pensioners ' acquired rights, since retired
people who move to another Member State lose the right to
supplementary State benefits, and there is still no mutual
recognition of the pension contributions of public

Council Regulation ( EEC ) No 1408 / 71 of 14 June 1971 on
the application of social security schemes to employed
persons and to members of their families moving within the
Community (*) already guarantees the retention of acquired
pension rights .

This Regulation, which is based on Article 51 of the EC
Treaty, does not provide for the harmonization of the
various social security systems, but merely for coordination
between them .

It provides for the aggregation of insurance or residence
periods completed in any Member State for the purposes of
the acquisition and retention rights and their transfer to
other Member States .

In April 1992, the Council adopted Regulation ( EEC )
No 1247 / 92 ( 2 ), which entered into force on 1 June 1992
and extended the material scope of application of
Regulation ( EEC ) No 1408 / 71 to cover ' special
non-contributory benefits '. This means that the
abovementioned provision concerning aggregation also
applies to these benefits .

However, some of these benefits ( i.e. those listed in Annex
II B of Regulation ( EEC ) No 1408 / 71 ) are only granted if the
beneficiary resides in the territory of the Member State
concerned .

As things stand at the moment, the special schemes for civil
servants do not fall within the scope of application of
Regulation ( EEC ) No 1408 / 71 .

In December 1991, the Commission submitted a
proposal ( 3 ) for extending the material scope of application
of Regulation ( EEC ) No 1408 / 71 to cover the special
schemes for civil servants and persons treated as such .

This proposal is pending before the Council .

(!) OJ No L 149, 5 . 7 . 1971 .

( 2 ) OJ No L 136, 19 . 5 . 1992 .

( 3 ) OJ No C 46, 20 . 2 . 1992 .

No C 36 / 62 Official Journal of the European Communities 13 . 2 . 95

WRITTEN QUESTION E-2525 / 94

by Anne André-Léonard ( ELDR )

to the Commission

( 30 November 1994 )

( 95 / C 36 / 115

Subject : European year of education and training

1995 is to be the European year of education and training .
What initiatives and projects does the Commission plan to
implement ?

Answer given by Mr Ruberti
on behalf of the Commission

( 15 December 1994 )

and Council Decision establishing 1996 as the European
Year of Lifelong Learning ( 1 ). The allotted budget for 1995
is intended for preparatory measures for 1996 .

The actions planned, which are set out in the Annex to this
proposal, will be conducted at Community, national,
regional and local level in collaboration with the authorities
in the Member States . They will consist of promotional
campaigns and awareness-raising measures such as the
preparation and circulation, via the major public and
specialized media, of communication products ( e.g. video
clips, radio spots, posters, material in printed and
computerized form ), awareness-raising and public-relations
activities in the media ( national and regional television
networks, specialized press ), and the organization of events
such as seminars and competitions . All these actions will be
aimed at familiarizing the public with the theme of
education and lifelong learning by highlighting tangible
experiences and achievements .

The European Parliament is currently considering a
proposal from the Commission for a European Parliament (!) COM(94 ) 264 final .