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_^ * ^_ / * / * • - "1 T " *f ISSN 0378-6986
# Otiicial Journal ci9o

. . Volume 33
### or the huropean Communities 30^1990

#### English edition Information and Notices

Notice No Contents p ag e

I _Information_

European Parliament

_Written Questions with answer_

90/C 190/01 No 454/89 by Sir James Scott-Hopkins to the Commission
Subject: Computer 'hacking' 1

90/C 190/02 No 597/89 by Mr Stephen Hughes to the Commission
Subject: Community charge 1

90/C 190/03 No 688/89 by Mr Mihail Papayannakis to the Commission
Subject: Immediate measures to protect the ecosystems of the Gulf of Arta (Amvrakikos Kolpos) 2

90/C 190/04 No 738/89 by Mr Hemmo Muntingh to the Commission

Subject: Bird Directive 3

90/C 190/05 No 818/89 by Mr Franz Stauffenberg to the Commission
Subject: Implementing provisions, banking and insurance sector 3

90/C 190/06 No 1033/89 by Mr Victor Manuel Arbeloa Muru to the Foreign Ministers of the
Member States of the European Community meeting in political cooperation
Subject: Murders and missing persons in Sri Lanka 3

90/C 190/07 No 1036/89 by Mr Victor Manuel Arbeloa Muru to the Foreign Ministers of the
Member States of the European Community meeting in political cooperation
Subject: Executions for drug trafficking in Malaysia 4

90/C 190/08 No 1038/89 by Mr EissoWoltjer to the Commission
Subject: Cattle deaths as a result of contaminated fodder 4

90/C 190/09 No 1059/89 by Mr James Ford to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

Subject: Law of the Sea 5

1 (Continued overleaf)

Notice No Contents (continued)

90/C190/10

90/C190/11

90/C190/12

90/C190/13

90/C190/14

90/C190/15

90/C190/16

90/C190/17

90/C 190/18

90/C190/19

90/C190/20

90/C190/21

90/C190/22

90/C190/23

No 1060/89 by Mr James Ford to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation
Subject: Korean prisoner of conscience Soh Sung 6

No 1151/89 by Mr James Ford to the Commission
Subject: The reduction of food additive regulatory standards 6

No 1153/89 by Mr James Ford to the Commission
Subject: Enforcement of food additive regulations 6

No 1155/89 by Mr James Ford to the Commission

Subject: Harmonization of food additive regulations 6

Joint answer to Written Questions Nos 1151 /89,1153/89 and 1155/89 6

No 1158/89 by Mr J. Happart to the Commission

Subject: Granting of ERDF funds 7

No 1167/89 by Mr Gijs de Vries to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation
Subject: Genocide in Cambodia 7

No 1172/89 by Mr Carlos Robles Piquer to the Foreign Ministers of the Member
States of the European Community meeting in political cooperation
Subject: Refugees from Bulgaria 8

No 1178/89 by Mr Honor Funk to the Commission
Subject: Extension of the area under vines to offset the loss of farmland for road-building .... 8

No 1180/89 by Mr Miguel Arias Canete to the Commission
Subject: Implementation of Item 9310 of the budget, 'Financial and technical cooperation with
Latin American developing countries' 9

No 1209/89 by Mr Hugh McMahon to the Commission
Subject: ERDF assistance to industry manufacturing domestic water taps 10

No 1264/89 by Mr Victor Arbeloa Muru to the Foreign Ministers of the Member
States of the European Community meeting in political cooperation
Subject: Torture and possible execution in Tibet 10

No 1269/89 by Mr Victor Arbeloa Muru to the Foreign Ministers of the Member
States of the European Community meeting in political cooperation
Subject: Mass executions in Somalia 11

No 1287/89 by Mr Gerard Deprez to the Foreign Ministers of the Member States of
the European Community meeting in political cooperation
Subject: German reunification 11

No 1288/89 by Mr Miguel Arias Canete to the Commission
Subject: Granting of fishing licences in the framework of the fishery agreements between the
European Community and Equatorial Guinea and Guinea-Bissau 11

Notice N o Contents (continued) Page

9 0 / C 190/24 N o 1299/89 by M r Gerardo Fernandez Albor to the Commission

Subject: Forest fires in Galicia 12

9 0 / C 190/25 N o 1308/89 by Mrs Teresa Domingo Segarra to the Commission

Subject: Export refunds for Spanish fruit and vegetables 13

9 0 / C 190/26 N o 1335/89 by M r Carles-Alfred Gasoliba i Bohm to the Commission

Subject: Non-profit-making organizations 13

9 0 / C 190/27 N o 39/90 by M r Panayotis Roumeliotis to the Commission

Subject: Need to apply a reduced rate of indirect tax in the Dodecanese 14

9 0 / C 190/28 N o 84/90 by Mrs Dorothee Piermont to the Foreign Ministers of the Member States

of the European Community meeting in political cooperation

Subject: Sale of a map of Europe by international airline companies showing the 'German Reich'
with its 1937—1939 borders 14

9 0 / C 190/29 N o 111/90 by Sir James Scott-Hopkins to the Commission

Subject: Taxation of married women 15

9 0 / C 190/30 N o 119/90 by M r Carlos Carvalhas to the Commission

Subject: Maritime accidents and environmental protection with particular reference to the
accident involving the Iranian tanker Kharg V 15

9 0 / C 190/31 N o 122/90 by M r Marc Galle to the Commission

Subject: Media programme 15

9 0 / C 190/32 N o 148/90 by M r Yves Verwaerde and M r Jean-Pierre Raffarin to the Commission

Subject: Energy policy (transit of electricity) 16

9 0 / C 190/33 N o 151/90 by M r Virgilio Pereira to the Commission

Subject: Oil slick in the Madeira archipelago 16

9 0 / C 190/34 N o 155/90 by Mrs Maria Santos to the Commission

Subject: Oil slick in the Madeira archipelago 16

Joint answer to Written Questions Nos 151 /90 and 155/90 17

9 0 / C 190/35 N o 158/90 by Mrs Simone Martin to the Commission

Subject: Decision by the Council of Transport Ministers of 5 December 1989 on road cabotage 17

9 0 / C 190/36 N o 184/90 by M r Ian White to the Commission

Subject: Complaints to the Commission 18

9 0 / C 190/37 N o 208/90 by Mrs Anita Pollack to the Commission

Subject: Regional Fund 18

9 0 / C 190/38 N o 210/90 by Sir Jack Stewart-Clark to the Commission

Subject: Copyright on recording 19

9 0 / C 190/39 N o 269/90 by M r Pol Marck to the Commission

Subject: Market research for ornamental plant cultivation 19

(Continued overleaf)

Notice N o Contents (continued)

90/C190/40

90/C190/41

90/C190/42

90/C190/43

90/C190/44

90/C190/45

90/C190/46

90/C190/47

90/C190/48

90/C190/49

90/C190/50

90/C190/51

N o 322/90 by Mrs Winifred Ewing to the Commission

Subject: Simplification of impact profile used by SMEs 20

N o 329/90 by M r Stephen Hughes to the Commission

Subject: Competition in the coal sector 20

N o 407/90 by M r Pierre Lataillade to the Commission

Subject: Number of public works contracts subject to Directive 89/440/EEC 20

N o 409/90 by M r Pierre Lataillade to the Commission

Subject: Appeal in the event of failure to respect legislation 21

N o 410/90 by M r Pierre Lataillade to the Commission

Subject: VAT on concession holders for motorways and other roads etc. subject to tolls 21

N o 449/90 by M r Bryan Cassidy to the Commission

Subject: Declarations of cash being carried by anyone entering or leaving a Member State . . . . 22

N o 454/90 by M r Alexander Langer to the Foreign Ministers of the Member States
of the European Community meeting in political cooperation

Subject: Repression of Slovenian demonstrations in Italy 22

N o 468/90 by Mrs Winifred Ewing to the Commission

Subject: CEMR report on hazardous wastes 23

N o 473/90 by M r M a u r o Chiabrando to the Council

Subject: Human rights in Albania 23

N o 921/90 by Mrs Ursula Schleicher to the Council

Subject: Implementation of Directive 89/48/EEC on the recognition of diplomas and freedom
of movement 23

N o 983/90 by M r Peter Beazley to the Council

Subject: Spanish property 24

N o 984/90 by M r Francis Wurtz to the Council

Subject: Council document following the Madrid Summit 24

30. 7. 90 Official Journal of the European Communities No C 190/1

_(Information)_

##### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 454/89

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 190/01)

_Subject:_ Computer 'hacking'

To ask the European Commission what proposals it
intends to put forward to make it an offence for
unauthorized persons to gain _access_ to information stored
on computer? Does it share my concern at the growth of
'hacking' recently?

Answer given by Mr Bangemann
on behalf of the Commission

_(2 March 1990)_

The Commission is very much aware of the issues raised
by computer hacking and virus programs. Solutions to
these problems are part of the more general question of
the security of information and communications systems.

The legal aspects of computer-related crime are among
the legal problems that are being examined by the
Commission in the context of the Impact programme for
the information services market, adopted by the Council
on 26 July 1988. The Legal Advisory Board advised the
Commission to concentrate its attention at this stage on
preventative measures relating to the security of
information.

Regarding legislative measures making the unauthorized
_access_ to information stored on computers an offence,
some provisions can be found in the criminal laws of three
Member States: Denmark, France and the Federal
Republic of Germany. Relevant proposals are also being
discussed in the United Kingdom and the Netherlands.

At Community level, the Commission has adopted a
proposal for a Council Directive on the legal protection of

computer programs ('). This proposal, if adopted by the
Council, will give to authors of computer programs the
exclusive right under copyright law to control the
reproduction, adaptation and translation of their
programs. Any unauthorized reproduction will constitute
a copyright infringement; other cases of unauthorized
access may also be covered by different legislative
provisions such as fraud, forgery, theft, larceny, or
interception of transmissions. A separate Community
legal instrument regarding computer hacking is not
envisaged at present.

(') COM(88)816.

WRITTEN QUESTION No 597/89

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 190/02)

_Subject:_ Community charge

With the planned introduction of the regressive tax called
the community charge (poll tax) in Great Britain, the
British Government has deemed the male 'head of

household' legally responsible for all adults aged 18 and
over residing within 'his' household. Could the
Commission state, first, whether this tax is itself
compatible with the Treaties and, secondly, whether the
blatant sexual discrimination in this circumstance is

compatible with the spirit of the Treaties and Directives
on equality?

Answer given by Mrs Scrivener
on behalf of the Commission

_(1 March 1990)_

Community law on equality requires that there be no
discrimination between women and men with regard to

No C 190/2 Official Journal of the European Communities 30. 7. 90

pay (Council Directive 75/117/EEC (')), employment
and vocational training (Council Directive
76/207/EEC ( [2] ) and Council Directive 86/613/EEC ( [3] )),
and social security (Council Directive 79/7/EEC ( [4] ) and
Council Directive 86/378/EEC ( [s] )). The Court of Justice
has laid down that the principle of equality is a
fundamental human right guaranteed by Community law
(Case 149/77, Defrenne v. Sabenz ( [6] )). Moreover, both
direct and indirect discrimination are forbidden, and the
Commission has found that, in practice, the concept of
'head of household' is particularly liable to occasion
indirect discrimination against women.

However, the question raised by the Honourable Member
does not concern any of the areas noted above where the
Community has legislated to provide itself with legal
jurisdiction. Notwithstanding the above principles,
therefore, the 'community charge tax' (poll tax) must be
regarded as compatible with the letter of Community law,
in particular in respect of personal taxation of individuals.

(') OJNoL45, 19.2. 1975,p. 19.
O OJ No L 39, 14. 2. 1976, p. 40.
( [3] ) OJ No L 359, 19. 12. 1986, p. 56.
( [4] ) O J N 0 L 6, 10. 1. 1979, p. 24.
O OJ No L 225, 12. 8. 1986, p. 40.
( [6] ) Report of Cases 1978, p. 1365.

WRITTEN QUESTION No 688/89

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(6 November 1989)_

(90/C 190/03)

_Subject:_ Immediate measures to protect the ecosystems of
the Gulf of Arta (Amvrakikos Kolpos)

As an ecosystem, the Gulf of Arta (sea basin, salt marshes,
river delta, lowlands and mountains) is one of the most
important and rare habitats of many rare or endangered
species of wild birds, 74 of which have already been
classified as strictly protected under Article 4 of Directive
79/409/EEC (') (Annex I). The Gulf is heavily polluted
by sewage from towns in the vicinity, waste from
piggeries, pesticides and herbicides, its wetlands have
been drained for agriculture, its hillsides eroded through
overgrazing and fire and it has been marred by electric
power installations, large-scale intensive aquaculture, and
unauthorized and illegal building. Moreover, according
to Mr Clinton Davies's reply (5 January 1989) to
Question No 1144/88 ( [2] ) Greece has designated 16 areas

for protection under Article 4 of Directive 79/409/EEC
but these do not include — at least at January 1989 — the
Gulf of Arta. Will the Commission therefore state:

1. whether Greece has in the meantime included the Gulf

of Arta among its protected zones;

2. whether legal measures have been taken (in the form
of presidential decree or ministerial decision) to
protect this area as required by Community law
(Article 3 (2) and (4) of Directive 79/409/EEC) and
Greek law (the framework law on the environment);
and

3. whether it intends to promote sound and balanced
management of the ecosystems in the Gulf of Arta on
the basis of the proposals for administrating and
demarcating the area put forward in a number of
Community-funded studies?

(') OJNoL 103,25.4. 1979, p. 1.
O OJNoC 138,5.6. 1989, p. 19.

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

_(2 March 1990)_

1. In 1989 the Greek authorities designated 25 000
hectares of the Gulf of Amvrakikos as a special protection
area within the meaning of Article 4 of Directive
79/409/EEC, without actually demarcating the area.

2. The information provided by the Greek authorities
indicates that Greece has not yet taken steps to ensure that
the area is protected under Greek law (presidential decree
or ministerial order).

3. Following a number of complaints about the
destruction of the Gulf, the Commission has initiated an
infringement procedure against Greece for incorrect
application of Article 4 (3) and (4) of the said Directive.

Furthermore, in December 1986, within the framework of
Community measures to protect the environment, the
Commission adopted a Decision granting financial
support to Greece ('). This was to provide means for the
environmental management of a number of very
vulnerable and important areas of the Gulf of Amvrakikos
so that this valuable Community biotope could be
maintained within the meaning of Directive 79/409/EEC.
The Commission is in contact with the Greek authorities

with a view to ensuring implementation of the plan and
respect of the natural habitat as required by the said
Decision.

(') OJNoL48, 17.2. 1987,p. 21.

30. 7. 90 Official Journal of the European Communities No C 190/3

WRITTEN QUESTION No 738/89

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(14 November 1989)_

(90/C 190/04)

_Subject:_ Bird Directive

1. Is the Commission considering amending Annex II
to Directive 79/409/EEC (') and, if so, will it ensure that
any proposals to extend hunting of species are only
considered after the Member State concerned has fully
met its existing obligations to ban illegal hunting, report
on derogations and declare an adequate number of
important bird areas as special protection areas?

2. If it is justified to amend Annex II to Directive
79/409/EEC and to allow hunting of species which have
become common or widespread in recent years is it not
equally justified to remove from the list species which
have declined in recent years?

3. Will the Commission list all species currently on
Annex II to Directive 79/409/EEC which are declining in
one or more Member States?

(') OJNoL 103,25.4. 1979, p. 1.

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

_(22 December 1989)_

1. and 2. Following the resolution of the European
Parliament (A2 — 181/88) on the implementation in the
Community of the Directive on the conservation of wild
birds, the Commission is preparing proposals for the
amendment of Annex II to the Directive. The proposals
will be drawn up on the basis of the latest scientific
knowledge on the situation of bird species.

3. The Commission has instructed the Belgian Royal
Institute of Natural Sciences to examine the population
status and trends of the species listed in Annex II. The
populations of some species affected by capture or killing
in the Community have a distribution area which extends
beyond Community territory. Where appropriate, the
status of populations of species listed in Annex II outside
the Community will therefore be taken into account. The
results of this work will go into the data bank which the
Commission is setting up at Parliament's request.

WRITTEN QUESTION No 818/89

by Mr Franz Stauffenberg (PPE)

to the Commission of the European Communities

_(28 November 1989)_

(90/C 190/05)

_Subject:_ Implementing provisions, banking and insurance

sector

How many draft implementing provisions has the
Commission submitted to advisory, management or
regulatory committees since 1 January 1989 in the field of
banking and insurance?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(19 April 1990)_

None, since the only Community legislation in the field of
financial institutions adopted so far which provides for
this possibility is the second banking Directive
(89/646/EEC of 15 December 1988) O and the solvency
ratio Directive (89/647/EEC of 18 December 1989) ( [2] j,
which are not yet applicable.

(') OJNoL386, 30. 12. 1989, p. 1.
O OJ No L 386, 30. 12. 1989, p. 14.

WRITTEN QUESTION No 1033/89

by Mr Victor Manuel Arbeloa Muru (S)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(18 December 1989)_

(90/C 190/06)

_Subject:_ Murders and missing persons in Sri Lanka

What steps have the Foreign Ministers meeting in
European Political Cooperation taken in response to the
many murders and the disappearance of large numbers of
people in southern Sri Lanka since the state of emergency
was reimposed on 30 June 1989? Are they aware that
many lawyers have been murdered or faced with
intimidation and death threats to prevent them from
bringing legal proceedings against human rights
violations?

Answer

_(22 June 1990)_

The Twelve, through their embassies in Colombo, have
carefully monitored the tragic situation of conflict in Sri
Lanka. They recognize both the serious difficulties faced
by the Sri Lanka Government in restoring peace and order
and the intentions expressed by President Premadasa to
restore an adequate level of discipline in the armed forces

No C 190/4 Official Journal of the European Communities 30. 7. 90

and the police. Nevertheless, the Twelve, in view of their
serious concern about continuing violations of human
rights in Sri Lanka, have recently felt obliged to convey
this concern to the Sri Lanka Government, urging it to
pursue its inquiries into illegal killings and to lift the
remaining emergency regulations as soon as possible.

WRITTEN QUESTION No 1036/89

by Mr Victor Manuel Arbeloa Muru (S)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(18 December 1989)_

(90/C 190/07)

_Subject:_ Executions for drug trafficking in Malaysia

In view of the frequency with which the death penalty is
used in Malaysia to punish drugs-related crimes and of
the impending execution of two youths, Yew Chean
Keong and Lim Chang Ming, can the Foreign Ministers
meeting in European Political Cooperation make
representations on humanitarian grounds urging that
capital punishment be abolished in Malaysia and that the
death penalty for the two youths in question be
commuted?

Answer

_(22 June 1990)_

The specific issue to which the question refers has not
been discussed in EPC. However, the Honourable

Member will be aware that at international level attitudes

to the death penalty are evolving. This is evidenced by the
adoption at the last session of the UN General Assembly
of the resolution containing the second optional protocol
to the convention on civil and political rights, which aims
at the abolition of the death penalty. Some partners of the
Twelve were active in co-sponsoring this resolution and
all Twelve voted in favour.

WRITTEN QUESTION No 1038/89

by Mr Eisso Woltjer (S)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 190/08)

_Subject:_ Cattle deaths as a result of contaminated fodder

In the United Kingdom and the Netherlands cattle have
died from lead poisoning as a result of contaminated
fodder.

1. Why was the contaminated fodder, which ultimately
led to the death of cattle, imported into the
Community and put on the market?

2. What checks take place when fodder is imported?
What rules apply to importers concerning checks on
the composition of the fodder? What measures are
taken to ensure that these checks are carried out in the

Member States?

3. Are importers required to inform the authorities if a
consignment of imported fodder is found to be
contaminated? If so, what procedures are followed? If
not, does the Commission not consider that
compulsory notification procedures should be
introduced?

4. Have agreements been concluded between the
Member States on notification procedures for
consignments found to be contaminated? If so, what
are these procedures? If not, does the Commission not
consider that such procedures should be introduced?

5. Was the Commission promptly informed when it was
discovered that a consignment of contaminated
fodder had entered the Community?

6. In the above instance, what measures could have been
taken to prevent a consignment of fodder, condemned
as contaminated in one Member State, from being put
on the market in another Member State?

7. Does the Commission not take the view that

coordination between the supervisory bodies in the
different Member States is inadequate, since a
consignment of fodder found to be contaminated in
one Member State can nevertheless be exported to
another Member State and even put on the market?

8. Is the Commission considering the introduction of
rules to prevent the marketing of fodder consignments
found to be contaminated?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(8 March 1990)_

1. The cases of cattle poisoning in the Netherlands and
the United Kingdom to which the Honourable Member
refers were caused by rice meal which became
contaminated as a result with lead and zinc ore during
transit between Burma and Belgium.

The Commission's information from the supervisory
authorities of the Member States concerned is that the

contamination was discovered when a consignment of
4 299 tonnes of rice meal was unloaded at Antwerp. The
importer appears to have immediately taken all relevant
action for destruction of the 188 tonnes of the

consignment that were contaminated.

30. 7. 90 Official Journal of the European Communities No C 190/5

The terms of the contract were not, however, observed
and the meal, containing 7 000 to 8 000 parts per million
of lead, was eventually sold as a corn gluten substitute to
Dutch and British firms producing compound feeds for
dairy cattle. The feeds eventually placed on the market
contained 1 500 to 2 000 ppm and caused serious
poisoning, resulting in death in a number of cases. A
judicial inquiry was subsequently opened in the
Netherlands.

2 and 8. Council Directive 74/63/EEC on undesirable

substances and products in animal nutrition (') lays down
maximum levels for a whole series of contaminants. Lead

content is restricted according to feed type, in the case of
feed for dairy cattle, to 10 parts per million.

Under the terms of the Directive Member States are

required to take all necessary measures to ensure that at
least sample checks are made to verify that the maximum
levels of substances considered undesirable in animal

nutrition are not exceeded.

Apart from checking that the Directive is transposed into
national legislation there is, strictly speaking, no
Community control policy.

However, enquiries by the Commission in connection
with the adjustment of the maximum levels specified in
the Directive in line with advances in scientific

knowledge, and also the cases of refusal notified under
the procedure described at 4 and 5 below, indicate that
Member States' surveillance is generally effective.

3, 4 and 5. It has not so far seemed necessary to impose
on importers an obligation to notify the public authorities
when they find that a batch of feed is toxic.

The Commission does, however, know of a number of
cases where permission to import was refused following
notification by the operator to the authorities that the
products were not of the standard laid down in the
Community's rules.

Under Directive 74/63/EEC a procedure has been
introduced for rapid information of other Member States
and the Commission should raw materials for feed

manufacture be found to be seriously contaminated by
certain dangerous substances.

Under the procedure all relevant information on the
contaminated material is immediately telexed or telefaxed
to the contact designated by each Member State. A
standard layout is used to ensure that full information is
supplied. This procedure has operated on a number of
occasions in a very satisfactory manner.

Following the events in the Netherlands and the United
Kingdom the Commission has informed the Member
States of its intention to propose a reinforcement of this
system.

6. It is virtually impossible for the public authorities to
prevent acts as reprehensible as in the case in point.

7. The Commission must point out that there was
perfect coordination of control between the various
Member States as soon as they were aware of what had
happened. A meeting was immediately organized by the
Commission, with their agreement, to ensure that all
necessary action had been taken to prevent contamination
of the food chain.

As mentioned at 3, 4 and 5 the Commission, nonetheless,
considers that the rapid information procedure
introduced by Directive 74/63/EEC should be further
improved to widen and, if possible, reinforce
coordination between Member States.

(') OJNoL38, 11.2. 1974, p. 3.

WRITTEN QUESTION No 1059/89

by Mr James Ford (S)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(18 December 1989)_

(90/C 190/09)

_Subject:_ Law of the Sea

When did the Foreign Ministers last discuss the possibility
of the Community ratifying the Law of the Sea
Convention, and what was the outcome?

Answer

_(22 June 1990)_

The question of ratification of the UN Convention on the
Law of the Sea by the Community is not a matter which
comes within the EPC framework as was stated in reply to
the Honourable Member's previous question,
No 2350/88. The conditions under which the Community
would be entitled to become party to the Convention are
laid down in Annex IX thereto and require that a majority
of Member States become parties before the Community
may do so. No Member State has yet indicated the
intention to become a party. Developments in relation to
the said Convention are kept under review by both the
European Community and the Member States which
continue to consult on the various aspects of the
Convention and to coordinate positions when
appropriate.

No C 190/6 Official Journal of the European Communities 30. 7. 90

WRITTEN QUESTION No 1060/89

by Mr James Ford (S)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(18 December 1989)_

(90/C 190/10)

_Subject:_ Korean prisoner of conscience Soh Sung

Have the Foreign Ministers discussed the human rights
case of Soh Sung, a South Korean prisoner of conscience
who has been systematically tortured during his 18-year
detention and who remains in custody?

Answer

_(22 June 1990)_

We understand that Mr Soh Sung was released in the
Amnesty declared by the South Korean government on 28
February 1990. While his specific case had not been
discussed in EPC, the Twelve have given their
encouragement to the South Korean authorities in their
efforts in recent years to realize the goals of democracy
and respect for human rights.

WRITTEN QUESTION No 1151/89

by Mr James Ford (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 190/11)

_Subject:_ The reduction of food additive regulatory
standards

What guarantee can Europe consumers have that the
completion of the internal market is not being used as an
opportunity to reduce food additive regulatory standards
to the level of the lowest common denominator?

WRITTEN QUESTION No 1153/89

by Mr James Ford (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 190/12)

_Subject:_ Enforcement of food additive regulations

Will the Commission say how, when harmonization of
regulations on food additives are completed, enforcement

officers are to distinguish between excessive use and
responsible use of food additives, and how they may
ensure that consumers are not ingesting more than the
acceptable levels of daily intake, as specified by the
Scientific Committee for Food, if the only restriction on
additives is by relating them to good management
practice, and not quantifiable proportions of food?

WRITTEN QUESTION No 1155/89

by Mr James Ford (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 190/13)

_Subject:_ Harmonization of food additive regulations

Will the Commission say how one can avoid drawing the
conclusion that food additive regulations are being
harmonized downwards to the lowest common

denominator given that the proposed Community's
positive list is almost precisely the sum of the positive lists
of the Member States, and given that the main restriction
on conditions of use is good manufacturing practice
(GMP) rather than quantitative restrictions for each of
the relevant food groups?

Joint answer to Written Questions Nos 1151/89, 1153/89

and 1155/89

given by Mr Bangemann
on behalf of the Commission

_(21 February 1990)_

In Council Directive 89/107/EEC of 21 December

1988 O on the approximation of the laws of the Member
States concerning food additives authorized for use in
foodstuffs intended for human consumption, and
specifically in Annex II to this Directive, the general
criteria for use of food additives have been laid down.

It is stated that food additives can only be approved when
it can be demonstrated that:

— there is a reasonable technological need and that the
purpose cannot be achieved by other means which are
economically and technologically practical,

— they present no hazard to health of the consumer at
the level of use proposed so far as can be judged on
scientific evidence,

— they do not mislead the consumer.

This Annex also specifies the purposes of use and the need
for toxicological testing of food additives and derivatives
before approval. All food additives are kept under

30. 7. 90 Official Journal of the European Communities No C 190/7

continuous observation and a re-evaluation must take

place in the light of changing conditions of use and new
scientific information.

The Commission would remind the Honourable Member

that Directives on food additives are governed by
Article 100 A of the EEC Treaty. Paragraph 3 of this
Article requires that Commission proposals concerning
health and consumer protection are based on a high level
of protection.

National authorizations of food additives are used only as
a starting point and the final proposals will be drawn up
applying the abovementioned criteria.

Where the consumption data, together with the
toxicological properties of the food additive concerned,
are such that there is a very high admissible daily intake
(ADI), or even no limit on the ADI, there may be no need
to fix precise limits or specific foods. In these cases the
concept of _quantum satis_ (as much as is necessary) rather
that GMP is envisaged. Enforcement Officers who
consider that amounts of additives exceeding that
necessary to achieve the technological need are being
employed will use their professional expertise and
experience to assess the case. They can, if necessary,
consult experts. Article 6 of the Directive on official
control of foodstuffs (Directive 89/399/EEC) ( [2] ), entitles
the Enforcement Officers to make 'in factory' inspection
of the production of the foodstuffs.

(') OJNoL40, 11.2. 1989, p. 27.
O OJ No L 186, 30.6. 1989, p. 23.

WRITTEN QUESTION No 1158/89

by Mr J. Happart (S)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 190/14)

_Subject:_ Granting of ERDF funds

With regard to the revision of the ERDF Regulation and
the need to improve the fund as provided for in the Single
Act, and with a view to simplifying and speeding up
procedures after consultation of the Fund Committee, has
the European Parliament's request to give the
Commission the right of initiative and the power to take
decisions on allocation and the adoption of projects been
taken into account?

What types of project qualifying for ERDF aid may be
lodged without going through the regional authorities in
the Member State?

Answer given by Mr Millan
on behalf of the Commission

_(28 February 1990)_

The reform of the Structural Funds, including the
European Regional Development Fund, increased the
powers of the Commission, and in particular gave it a
right of initiative in respect of that part of ERDF's
resources not allocated to the Member States. Under

Article 11 of Regulation (EEC) No 4253/88 ('), the
Commission may decide to propose to the Member States
that they submit applications for assistance in respect of
measures of significant interest to the Community.
Accordingly, on 20 December 1989 it adopted a regional
action programme concerning the economic conversion
of coal-mining areas (Rechar) and on 29 November 1989
it approved in principle a regional action programme on
the environment (Envireg), which is now before
parliament. Other Community initiatives, on
technological research and development, transfrontier
cooperation and the remoter regions, are now in
preparation.

The concept of partnership, one of the main points of the
reform, involves close cooperation between the
Commission, the Member State concerned and the
authorities which it nominates at regional, local or other
level throughout the decision-making process, that is
during preparation, financing, monitoring and assessment
of the measures. In any case, applications for assistance
are submitted to the Commission by the Member States or
by the body appointed for that purpose.

O OJNoL374, 31.12. 1988.

WRITTEN QUESTION No 1167/89

by Mr Gijs de Vries (LDR)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(10 January 1990)_

(90/C 190/15)

_Subject:_ Genocide in Cambodia

Are the Twelve prepared, pursuant to Article IX of the
UN Convention on the Prevention of Punishment of the

Crime of Genocide (1948) to start proceedings against the
genocide carried out in Cambodia on behalf of the Pol

No C 190/8 Official Journal of the European Communities 30. 7. 90

Pot regime, for the International Court of Justice of the
Hague, so that these mass murders will not remain
unavenged?

Answer

_(22 June 1990)_

As the Honourable Member will be aware, the
Convention on the prevention and punishment of the
crime of genocide provides for the trial of persons
charged with genocide or offences connected therewith
by a competent tribunal of the State in the territory of
which the act was committed or by such international
penal tribunal as may have jurisdiction with respect to
those contracting parties which shall have accepted its
jurisdiction (Article VI). In this context the International
Court of Justice would not be an appropriate tribunal.

Neither can Article IX, to which the Honourable Member
refers and which provides for a role for the International
Court of Justice in the implementation of the Convention,
be applied. That Article is applicable only when a dispute
has arisen between individual States parties to the
Convention, a condition which is not fulfilled in this
specific case, in the absence of a Cambodian Government
in a position to be party to such a dispute with an EC
Member State.

WRITTEN QUESTION No 1172/89

by Mr Carlos Robles Piquer (PPE)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(10 January 1990)_

(90/C 190/16)

_Subject:_ Refugees from Bulgaria

Since there are faint signs of democratic developments in
Bulgaria, can the Foreign Ministers tell Parliament
whether they have observed any change in the Bulgarian
authorities' policy, which seriously infringes human
rights, regarding the Moslems of Turkish origin who have
been forced to flee from Bulgaria in the last few months?
Do the Foreign Ministers consider that the European
Community has given the Turkish Government sufficient
assistance to meet these refugees' most urgent needs?

Answer

_(22 June 1990)_

The new authorities in Bulgaria have taken a number of
steps to remove discrimination against the members of the

Moslem minority of Turkish origin and enable them to
enjoy their human rights. As example is the law adopted
on 5 March permitting members of minority ethnic
groups to use the original version of their names: it will be
recalled that the compulsory use of Slavic versions of their
name was a major grievance of individuals belonging to
the Moslem minority.

It is to be noted that, partly as a result of these measures, a
considerable number of refugees have returned to
Bulgaria from Turkey in recent months.

Turkey has not requested assistance from the European
Community for meeting the needs of the refugees it has
received from Bulgaria.

WRITTEN QUESTION No 1178/89

by Mr Honor Funk (PPE)

to the Commission of the European Communities

_(9 January 1990)_

_(90/C_ 190/17)

_Subject:_ Extension of the area under vines to offset the
loss of farmland for road-building

Road-building programmes frequently consume valuable
farmland in the Community. It is seldom possible to
provide the farmers affected with adequate new land in
compensation. In addition to the normal financial
compensation, conversion to a form of production with a
higher value, i.e. farm produce that makes a greater
contribution to covering costs, could help to prevent any
loss of earnings on the part of the farmers concerned.
However, this option creates problems in the case of a
conversion to wine-growing, since there is a ban on
planting new vines.

1. Does the Community-wide ban on planting new vines
also apply in the case of measures for the reallocation
of farmland when these are undertaken for

road-building purposes?

2. In the case of the ban on extending the area under
vines, how much flexibility is there in interpreting the
rules or making exemptions where the aim is, as
described above, to convert to a higher-value form of
production, when no existing land under vines is
affected by the land reallocation process, but the land
for conversion lies within an area designated for the
planting of new vines ?

3. What medium-term plans does the Commission have
to replace the inflexible ban on the expansion of land
under vines by an alternative solution, so as to allow
new vine planting to be regulated on a fair and
practical basis, whilst fully respecting the market
situation?

30. 7. 90 Official Journal of the European Communities No C 190/9

Answer given by Mr Mac Sharry
on behalf of the Commission

_(7 March 1990)_

1. Article 6 (2) of Regulation (EEC) No 822/87 on the
common organization of the market in wine ('), as last
amended by Regulation (EEC) No 1236/89 ( [2] ), specifies
the cases where the Member States may derogate from the
ban on new planting. Provision for derogation is made in
particular in the case of measures for the consolidation of
holdings or measures concerning compulsory purchase in
the public interest, adopted under the national legislation.

2. Conversion from various crop enterprises to
designated origin wine-growing is possible subject to the
possession of replanting rights for a corresponding area.
Under Community legislation it is possible, on conditions
laid down by the Member States concerned, to transfer
replanting rights to areas intended for the production of
quality wines psr on another holding (Article 7 (2) of
Regulation (EEC) No 822/87). It is accordingly possible
in certain Member States to purchase such replanting
rights; however, the Member State may stipulate that the
replanting right may be exercised only on the area where
the grubbing has been carried out.

3. As long as structural surpluses on the wine market
persist and measures have to be applied in order to reduce
the production potential, for example in the form of
permanent abandonment premiums in respect of
wine-growing areas (Regulation (EEC) No 1442/88) ( [3] ),
the Commission proposes to maintain the ban on new
planting; it would be inconsistent to finance such
abandonment premiums and at the same time authorize
new planting.

However, in order to ensure that the sector retains its
dynamism, it is necessary to accept certain derogations

from the ban on new planting, as in the case of measures
for the consolidation of holdings and compulsory
purchase (paragraph 1). The other flexible component is
the arrangement referred to in paragraph 2, whereby
replanting rights may be transferred in order to ensure
more appropriate siting of vineyards.

(') OJNoL84,27.3. 1987.
O OJNoL 128, 11.5. 1989.
O OJNoL 132,28. 5. 1988.

WRITTEN QUESTION No 1180/89

by Mr Miguel Arias Cafiete (PPE)

to the Commission of the European Communities

_(9 January 1990)_

(90/C 190/18)

_Subject:_ Implementation of Item 9310 of the budget,
'Financial and technical cooperation with Latin
American developing countries'

Would the Commission specify the investment projects to
which aid from this budgetary line has been allocated
during the financial year 1989, indicating the beneficiary
country, type of project and the amounts involved?

Answer given by Mr Matutes
on behalf of the Commission

_(2_ _April 1990)_

As part of the financial and technical cooperation with
Latin America (Item 9310), the following projects and
programmes were financed at national and regional level
in 1989:

_(million_ _ECU)_

Type of project

Rural development

Integrated development

Industrial development support
for SMEs

Revival of intraregional trade

Regional integration

Technology transfer
at regional level

EEC

contribution

18,5

0,64 0)

6,0

43,5

7,5

3,7

Beneficiary country

Bolivia

Costa Rica

Central America

Central America

Andean Pact

Andean Pact

Title of project

ACPII (Cordepaz)

Stage II agrarian reform

Papic programme

Regional payments system

Support for agriculture and
industry

Bolivar University

No C 190/10 Official Journal of the European Communities 30. 7. 90

EEC

contribution

5,5

2,76

1,6

89,70

Type of project

Support for local community
initiatives

Support for international
research institutes

Expert assistance in preparation
of projects/programmes

Beneficiary country

Haiti

Total

Title of project

Programme of microprojects

Agricultural research ( [2] )

Assistance from
external experts ( [3] )

(') The cost of this project is ECU 4 950 000. The difference will be committed from the 1990 appropriations.
_(')_ This is a joint project for Latin America and Asia. The total cost is ECU 8 500 000.
(') This is a joint project for Latin America and Asia. The total cost is ECU 5 million.

More details on these projects will be given in the annual report on the implementation of aid.

WRITTEN QUESTION No 1209/89

by Mr Hugh McMahon (S)

to the Commission of the European Communities

_(9 January 1990)_

(90/C 190/19)

_Subject:_ ERDF assistance to industry manufacturing
domestic water taps

Can the Commission inform the House whether any
company in the Community engaged in the manufacture
of domestic water taps received any assistance either
under ERDF, EIB loans or any other Community
instrument in 1985, 1986, 1987, 1988 and the first half of

1989?

Answer given by Mr Christophersen
on behalf of the Commission

_(12 March 1990)_

In 1985 the European Regional Development Fund
contributed ECU 76 966 towards an investment project
costing a total of ECU 1 070 190 and involving the
extension of a firm manufacturing domestic water taps in
France.

In the period referred to, six small and medium-sized
enterprises (SMEs) in the Community received a total of
ECU 1 750 000 in allocations from global loans from
Commission resources under the New Community
Instrument and European Investment Bank resources.
The breakdown by year is as follows:

1985 - two SMEs totalling ECU 820 000 (NCI
resources)

1986 — two SMEs totalling ECU 740 000 (NCI
resources)

1988 — two SMEs totalling ECU 190 000.

WRITTEN QUESTION No 1264/89

by Mr Victor Arbeloa Muru (S)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(12 January 1990)_

(90/C 190/20)

_Subject:_ Torture and possible execution in Tibet

Tseten Norgye, who was arrested some months ago in
Lhasa and is 45 years old, has spent between 15 and 20
years in prison and is considered as the 'ringleader' of the
militants working for Tibetan independence. Some
reports indicate that he has been severely injured in one
eye as a result of torture in Chapkori prison, and may be
at risk of sharing the fate of several of his comrades who
were sentenced to death and executed on the spot. Can
the Ministers take any steps to free him from torture,
imprisonment and the threat of death?

Answer

_(22 June 1990)_

As has been stated to Parliament on many occasions, the
Chinese authorities are fully aware of the unequivocal
stand of the Twelve on questions of human rights. The
measures adopted by the Madrid European Council in
China's regard are testimony to this fact. While the case

^O.B.^o official journal of the European Communities ^oCr^OBM

of Tseten c^orgvehas notheen discussed in Ll^E ^he
Twelve have had contacts with the Chinese authorities on

the specific question ofhuman rights in Tihet.

^ ^ I T T ^ ^ C ^ U ^ T l ^ ^ ^ o ^ ^ B ^

h^ Mr Victor ArheloaMura^S^

to the ^ore^n Minsters of the Member States of the

European Communitv^eeti^ in pohtical cooperation

^oBct^oB^n

^ ^ ^ B Mass executions in Somalia

^lave the Poreign Ministers meetinginPPC taken anv
steps to ohtain information concerning the killings carried
outhvthearmvon]e^iraheachont^]ulvr^^andhave
thev called on the C^overnment and the People^sRepuhlic
of Somaliatocarrvout an impartial investigationof the
facts so as to h^ing those responsihle to courts

Answer

Poreign Ministers oftheTwelve discussed developments
in Somaliaat their PPC meetingheld in POuhlinon^O
Pehruarv 1^0. In a statement issued on that occasion

theve^pressedthe deep concernof the Communitvand
its Memher States at the situation in that c o u n t s

including reports of violations of human rights. Thev also
stressed the urgent necessity ofapolitical solution to the
internal conflict as the onlv guarantee of peace and
stahilitv. In this c o n t e ^ thev welcomed proposals for
constitutional reform and expressed the hope that this
could also lead to an improvement in the field of human
rights. The Government of Somalia is aware of this
position.

^ ^ I T T E ^ ^ E S T ^ ^ ^ o t ^ ^ B ^

hvMrGerardL^epre^PPE^

to the Poreign Minsters oftheMemher States ofthe
European Commumtvmeetin^mpohtical cooperation

^OBCt^OB^

^ ^ ^ . German reunification

Chancellor Plelmutl^ohl recently presentedathreestage
plan for German reunification to the Bundestag: the two

German States would merge intoasingle new State as part
ofa^neworderforpeaceinEuropee

After the Maltasummitandfrom the point of viewof
speeding up the process of the economics monetary and
political integration of the EEC^ how do the Poreign
Ministers meeting in European Political Cooperation
interprettheideaofaGerman Confederation as part of
this 5^eworderforpeace in Europe^

Answer

P ^ A ^ ^ ^

As the PlonourahleMemher is awaremhe Presidency has
had the opportunity to illustrate in detail the position of
the Communitv on the question of German unitv^on the
occasion of the dehate held here on^April.

The European Communitv welcomed theprogress that
has heen made towards German unitv.

The coming together of the two German States must
contrihute^ and he seem to contrihutemo the overcoming
of the division of Europe. The regaining of their unitv hv
the German people should hecomeasign of hope for all
the peoples of this continent.

This is the spirit of the declaration adopted hv the Pleads
of State and Government in Strashourg in PBOecemherlast^
in which the European Communitv reaffirmed that it
seeks the strengthening of the state of peace in Europe in
which the German people will regain its unitv through
free self determination.

Pleads of State andGovernment said in Strashourg that
this process should take place peacefully and
democraticallvmn full respect of the relevant agreements
and treaties and of all the principles defined hv the
Plelsinki Pinal Actmnaconte^tof dialogue and P a s t i e s t
cooperation. The Strasbourg declaration also specifies
that progress towards German unitv should he placed in
the perspective of European integration.

^ ^ I T T E ^ ^ t d E S T ^ ^ ^ o t ^ ^ B ^

hvMrM^ueiAriasCanete^PPE^

to the Commission of the European Communities

^OBCt^OB^

^ ^ c r . Granting of fishing licences in the framework of
the fisherv agreements hetween the European

No C 190/12 Official Journal of the European Communities 30. 7. 90

Community and Equatorial Guinea and
Guinea-Bissau

Can the Commission say what criteria it will use to grant
fishing licences within the framework of the fishery
agreements concluded between the European Community
and Equatorial Guinea and Guinea-Bissau?

Answer given by Mr Marin
on behalf of the Commission

_(12 March 1990)_

The allocation among the Member States of catch
possibilities under the agreements concluded with ACP
countries, and the protocols relating to those agreements,
is determined — with due regard for the requests
formulated by the Member States — by the use made by
individual Community fishing fleets of opportunities
previously available.

WRITTEN QUESTION No 1299/89

by Mr Gerardo Fernandez Albor (PPE)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 190/24)

_Subject:_ Forest fires in Galicia

For a variety of reasons forest fires have, year after year,
been causing considerable damage in the region of Galicia
(Spain), leading to the progressive loss of one of the
region's ancestral economic resources and dissatisfaction
and indignation among the population, who constantly
wonder at the reasons for the frequency of these fires
which threaten their natural environment, traditionally
regarded as one of Europe's major forest reserves.

Given the critical situation in Galicia as a result of these

fires, it would be useful to know what steps the
Community has taken to mitigate the damage, what aid it
has given for each of the financial years during which
thousands of hectares of Galician forest have

disappeared, and what political action it is prepared to
take to deal, in its entirety, with the major ecological
catastrophe suffered by Galicia's environment as a result
of such fires.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(2 March 1990)_

The Community is financing, in Spain and elsewhere, a
series of measures to increase the protection of forests
against fire.

Regulation (EEC) No 3529/86 ('), recently amended by
Regulation (EEC) No 1614/89 ( [2] ), specifically concerns

preventive measures against forest fires. At the end of
three years of application of this Regulation, a total of
ECU 6 431 673 had been granted in respect of 37 Spanish
projects, as follows: ECU 1 254 196 in respect of four
projects for 1987, ECU 1 125 363 in respect of 18 projects
for 1988 and ECU 4 052 114 in respect of 15 projects for
1989.

Regulation (EEC) No 1118/88 ( [3] ), concerning a specific
common measure to encourage the development of
agriculture in certain regions of Spain, provides also for
forestry measures, notably afforestation, improvement of
deteriorated woodlands and other supporting measures,
including measures to prevent and combat forest fires.
The European Agricultural Guidance and Guarantee
Fund, Guidance Section, reimburses the Spanish
Government 50% for the forestry measures referred to
above, subject to a maximum eligible amount of ECU
2 300 per hectare in the case of afforestation and ECU
2 000 per hectare in the case of the improvement of
deteriorated woodlands, within an overall limit of ECU

194 million.

In addition, Regulation (EEC) No 1610/89 ( [4] ), laying
down provisions for implementing Regulation (EEC)
No 4256/88 ( [5] ), as regards the scheme to develop and
optimally utilize woodlands in rural areas in the
Community, provides for a financial contribution in
respect of measures concerning the reconstitution of
woodland damaged by fire or other natural causes and
protection measures against forest fires.

The Commission is aware that fires constitute the biggest
problem facing forests in the south of Europe, notably in
Galicia where the situation is particularly serious,
especially following the fires in 1989 which revealed
certain deficiencies in the protection arrangements. This
was the reason why the Standing Forestry Committee set
up by Council Decision of 29 May 1989 ( [6] ), decided, at its
first meeting, to set up a group to examine the question of
the protection of forests against fires in the context of the
coordinated action undertaken pursuant to Regulations
(EEC) No 3529/86 and (EEC) No 1614/89.

The Commission is therefore launching a number of
studies, in cooperation with all the Member States, with a
view to working out Community solutions to ensure more
coherent strategies for the protection of forests against
fires.

(') OJNoL 326,21. 11. 1986.
( [2] ) OJNoL 165,15.6.1989.
O OJNoL 107,28.4. 1988.
O OJNoL 165, 15. 6. 1989.
O OJNoL 374, 31. 12. 1988, p. 25.
O OJNoL 165, 15.6. 1989.

30. 7. 90 Official Journal of the European Communities No C 190/13

WRITTEN QUESTION No 1308/89

by Mrs Teresa Domingo Segarra (GUE)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 190/25)

_Subject:_ Export refunds for Spanish fruit and vegetables

In Commission Regulation (EEC) No 3166/89 ('), why is
there no indication in the column for Spain of the refunds
corresponding to the following products:

_Product code_

_12_

```
21

```

_22_

```
31

30

30

```

```
90

00

00

00

ic

10

```

```
000

000

000

000

100

900?

```

What criteria and method will be used to determine the

refunds for the above products?

(') OJNoL307,24. 10. 1989, p. 25.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(20 February 1990)_

The Community refunds applicable from 1 January 1990
to the exports of Spanish products referred to by the
Honourable Member were fixed by Commission
Regulation (EEC) No 3742/89 of 13 December 1989 (*).
For lemons, the refund was granted for fresh products of
'Extra' Class, Class I and Class II which are covered by
CN code 0805 30 10 100.

The export refunds on shelled almonds (0802 12 90 000),
hazelnuts in shell and shelled (0802 2100 000,
0802 22 00 000) and walnuts in shell (0802 3100 000)
harvested in Spain were fixed at the levels set for the
Community of Ten since the prices concerned are the

same.

In the case of fresh lemons covered by CN code
0805 30 10 100, the Commission considered it
appropriate to maintain the same refund granted by Spain
from national funds during the first part of the year i.e.
Pta 6/kg (ECU 3,92/100 kg), on the grounds that any
change in the refund during the year would not be
desirable for exporters.

O OJ No L 364, 14. 12. 1989, p. 24.

WRITTEN QUESTION No 1335/89

by Mr Carles-Alfred Gasoliba i Bohm (LDR)

to the Commission of the European Communities

_(22 January 1990)_

(90/C 190/26)

_Subject:_ Non-profit-making organizations

What is the present situation and what measures have
been adopted with regard to the resolution adopted by the
European Parliament in the first half of 1987 on
non-profit-making organizations in the European
Economic Community?

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

_(2 March 1990)_

Since the adoption on 13 March 1987 of Parliament's
resolution on non-profit-making associations in the
European Communities, the Commission has begun
consultations with all interested parties; in its
communication of 21 December 1989 to the Council,
Parliament and the Economic and Social Committee, it
put forward a method that should ensure compliance with
most of the recommendations in Parliament's resolution.

First of all, the Commission will publish a
communication, in the first half ->f 1990, in the
interpretation of the second paragraph ol Article 58 of the
Treaty, in order to define the scope of that Article in
respect of all cooperative, mutual and non-profii
organizations engaging in economic activity.

The Commission is continuing its work on whether a
'model legal form for European associations not engaged
in economic activity' can or should be introduced.

In order to expand its consultation of the parties
concerned as widely as possible, the Commission has
requested the Economic and Social Committee to deliver
an opinion on whether a European model legal form for
association to govern the direct creation of associations
not engaged in economic activity should be devised, and if
so what it should cover. That opinion should be delivered
by early July of this year at the latest.

On that basis, the Commission has undertaken to present
a work programme to the Council, Parliament and the
Economic and Social Committee in compliance with the
principle of subsidiarity, and to put forward appropriate
proposals for its implementation.

When introducing programmes such as Comett,
Eurotecnet, Petra, Elise, Lingua, ERGO and LEDA, the
Commission proposed to make it easier for associations
to participate by giving them the right, _de jure_ or _de_ _facto,_
to take advantage of the provisions governing the
implementation of Community cooperation on such

programmes.

In December 1988, the Commission proposed a strategic
management training programme for managers of

No C 190/14 Official Journal of the European Communities 30. 7. 90

enterprises in the cooperative and mutual sector, with a
view to 1992. The purpose of this approach is to provide
the managers concerned with the means to define their
strategy and to identify further training needs.

It should also prepare them to participate in and
contribute to specific Community programmes.

Finally, the Commission has undertaken work with a view
to setting up an information network (Symbiosis) made
up of associations with a European outlook, local
authorities and bodies related to various Community
policies and operations.

Symbiosis answers the need for a more decentralized
policy of information on 'a People's Europe'; it will take
the form of a computerized file and a communication
from the Commission in 1990.

WRITTEN QUESTION No 39/90

by Mr Panayotis Roumeliotis (S)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 190/27)

_Subject:_ Need to apply a reduced rate of indirect tax in
the Dodecanese

What is the Commission's position on the need to apply
VAT rates in the Dodecanese which are 50 % lower than

in the rest of Greece and correspondingly lower excise
duties on products subject to these rates, in the light of the
fact that:

1. a special tax system has been in operation in the
Dodecanese since 1948;

2. this tax system will contribute to the development of
the most outlying island area of the Community ahead
of the completion of the internal market in 1992;

3. at the last meeting of the Council of Economics and
Finance Ministers (18 December 1989) it was decided
to continue applying a zero rate of duty to certain
major consumer goods?

Answer given by Mrs Scrivener
on behalf of the Commission

_(7 May 1990)_

1. The Commission is aware of the tax system applied
by Greece in the Dodecanese and in particular of the
reduced VAT rates it involves. The Commission and the

Greek Government are discussing this system in the

context of the general problem posed within the
Community by outlying regions requiring special
attention.

2. The Commission's general view is that the problem
of the development of the most outlying island areas
should in principle be tackled not through a special tax
system, which prejudices the transparency of the
measures envisaged and whose effectiveness is not always
evident, but through other appropriate measures.

3. The problem of zero-rating certain major consumer
goods is of a different type to that raised by the
Honourable Member and does not fall into the same

category as the development of certain geographical

areas.

WRITTEN QUESTION No 84/90

by Mrs Dorothee Piermont (ARC)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(2 February 1990)_

(90/C 190/28)

_Subject:_ Sale of a map of Europe by international airline
companies showing the 'German Reich' with its
1937-1939 borders

1. Are the Foreign Ministers meeting in EPC aware
that, according to the 'Berliner Flug Ring (BFR) GmbH &
Co. KG', charter companies in (West) Berlin, in
cooperation with the Franco-German airline company
Euroberlin SA, are issuing customers with a map of
Europe which does not show the borders of the two
German States but depicts Germany as a single country
defined by its 1937—1939 borders, unmistakably
asserting its claims to East Prussia by the words 'under
Polish administration' and 'under Soviet administration'

and that 'Germany' is printed across Polish areas in what
was known under the National Socialist regime as the
'Corridor', and which was annexed to Hitler's 'Greater
German Reich' in 1939 following the invasion of Poland,
thereby claiming them as German territory?

2. What measures do the Foreign Ministers intend to
take to ensure swift and effective action to prevent the
circulation of this map of Europe, which is so overtly
revanchist, a threat to peace and an obstacle to
understanding between peoples?

Answer

_(22 June 1990)_

Activities of private companies such as raised by the
Honourable Member do not fall under the competence of
European Political Cooperation.

30. 7. 90 Official Journal of the European Communities No C 190/15

The position of the Community and its Member States in
the general context of the question raised by the
Honourable Member has been clearly expressed in the 9
December 1989 Declaration of the Strasbourg European
Council, which I would ask the Honourable Member to
kindly refer to.

WRITTEN QUESTION No 111/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/29)

_Subject:_ Taxation of married women

What proposals does it have for legislation to ensure that,
as will be the case in the UK from 6 April onwards, all
married couples throughout the Community are taxed
independently? Does it not agree that such a move would
be both right in principle and also a recognition of the
changed role which married women play in society today?

Answer given by Mrs Scrivener
on behalf of the Commission

_(11 May 1990)_

The Commission has recommended separate taxation of
married couples in a 'Memorandum on income taxation
and equal treatment for men and women' (*) addressed to
the Council and the European Parliament.

Although, given the principle of subsidiarity, it does not
envisage putting forward proposals for legislation
harmonizing the rules related to taxation of married
couples, the Commission will continue to encourage equal
treatment between men and women in particular in the
framework of the 3rd Action Programme on equal
opportunities (1991 to 1995) which is due to be adopted
by the end of this year.

(') COM(84) 695 final.

WRITTEN QUESTION No 119/90

by Mr Carlos Carvalhas (CE)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/30)

_Subject:_ Maritime accidents and environmental
protection with particular reference to the
accident involving the Iranian tanker Kharg V

Portugal, with its extensive Atlantic coastline, has often
suffered from oil spillages, a risk to which its coasts are

highly exposed. The recent accident involving the Iranian
oil tanker Kharg V constituted a major threat to the
autonomous region of Madeira.

Following the tragedy involving the Herald of Free
Enterprise, the EEC set up a technical task force to be
available to help national authorities faced with
environmental emergencies.

Would the Commission state whether the Portuguese
Government, like its Spanish counterpart, sought the
assistance of this task force in dealing with the situation
involving the Kharg V, and whether it has expressed itself
in favour of revising international law relating to wrecks
and accidents at sea with a view to adapting it to the needs
of environmental protection and avoiding disputes which
inhibit efforts to deal with such problems, with
deleterious consequences for the coasts of those countries
affected by them?

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

_(14 March 1990)_

The Commission, through the EEC task force for
assistance in case of accidental pollution at sea, has given
complete follow-up and support to the concerned
countries during the pollution incidents 'Khark 5',
Aragon and Porto Santo Island (Madeira).

In fact, the Commission was first asked by the Spanish
Administration to place the EEC task force in action
during the 'Khark 5' accident and also on this occasion
contacts and exchanges of information were made with
the Portuguese authorities.

The Portuguese authorities are, at this moment, facing
major oil pollution in the Madeira archipelago. They have
activated the EEC task force and a massive international

response is presently in progress.

The Commission expects that the Portuguese authorities
do indeed intend to review all the matters related with

such emergency situations as soon as the Madeira
pollution has been solved, or even earlier.

WRITTEN QUESTION No 122/90

by Mr Marc Galle (S)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/31)

_Subject:_ Media programme

The Media programme approved by the Commission on
26 April 1986 proposed measures to encourage the
development of the audio-visual industry in the European
Community.

No C 190/16 Official Journal of the European Communities 30. 7. 90

This initial programme has now come to an end. When
does the Commission intend to launch a second media

programme and on what considerations would such a
programme be based? What funds would be allocated and
what new aspects, including those raised at the 1989 Paris
audio-visual conference, would be included in the new
programme?

Answer given by Mr Dondelinger
on behalf of the Commission

_(20 March 1990)_

The Commission recently sent the Council and
Parliament a communication on audiovisual policy ('). In
the near future it will put forward a proposal for a
Council Decision based on Article 235 of the Treaty to
ensure continuity between the pilot operations and the
main phase of the Media programme and its coordination
with audiovisual Eureka as part of an action programme
for the promotion of the audiovisual production
industries.

An assessment of the pilot phase of Media is being carried
out by a group of independent experts: the Commission
will scrutinize their comments and bear them in mind in

drafting its proposal for an action programme. The
Commission will likewise take account of the opinions
expressed by the participants in last October's audiovisual
conference in Paris, who took the view that Media
projects should be continued and developed.

The Commission is thus responding to the Strasbourg
European Council's hope that 'the Community action
programme extending Media will receive the necessary
financial support'.

(') COM(90) 78 final.

WRITTEN QUESTION No 148/90

by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin
(LDR)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/32)

_Subject:_ Energy policy (transit of electricity)

What provisions does the Commission plan to introduce
to regulate the administration of the transborder transit
of electricity?

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

_(19 March 1990)_

The draft Directive on the transit of electricity (*) placed
before the Council in July 1989 and sent to Parliament

aims at creating conditions favourable to the free
movement of electricity by transit. The Directive defines
transit as an operation between at least three
interconnected high-voltage grids and involving an
intra-Community transfrontier supply of electricity.

The draft Directive requires the companies operating the
grids, through the intermediary of the Member States, to
open negotiations on the possible conclusion of transit
arrangements for at least one year. In the event of
difficulty, a conciliation procedure by a professional body
is provided for. The procedures laid down in the Treaty
with regard to competition may also be called upon if

necessary.

O COM(89) 336 final.

WRITTEN QUESTION No 151/90

by Mr Virgilio Pereira (LDR)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/33)

_Subject:_ Oil slick in the Madeira archipelago

What measures have been or are to be taken by the
Commission to help combat the disastrous effects of the
oil slick which hit the island of Porto Santo on 15 January
1990 and is threatening to reach the island of Madeira and
the Desertas, thus jeopardizing the ecological balance and
the economy of the Portuguese Atlantic archipelago, and
which is thought to have originated in the leakage of some
30 000 tonnes of crude from the Spanish supertanker
Aragon, wrecked on 29 December 1989 off the islands?

WRITTEN QUESTION No 155/90

by Mrs Maria Santos (V)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/34)

_Subject:_ Oil slick in the Madeira archipelago

The oil slick in the waters around Porto Santo, in the
Madeira archipelago clearly constitutes an environmental
disaster whose origin is unknown. The regional and
national authorities lack the means to combat the slick

which will affect not only the island's important tourist
trade but also the water supply, obtained by desalination.

30. 7. 90 Official Journal of the European Communities No C 190/17

The local flora and fauna will be seriously affected by this
imbalance, in particular monk-seals, also known as
sea-wolves.

1. Will the Commission provide the Portuguese
authorities with the necessary assistance?

2. Will the Commission carry out an environmental,
social and economic impact study of the situation?

Joint answer to Written Questions Nos 151/90 and 155/90
given by Mr Ripa di Meana
on behalf of the Commission

_(2 March 1990)_

The Commission, through the EEC task force for
assistance in case of accidental pollution at sea, has given
complete follow-up and support to the concerned
countries during the pollution incidents 'Khark 5',
Aragon and Porto Santo Island (Madeira).

Referring to the pollution in the island of Porto Santo,
the Commission has cooperated with the Portuguese
authorities, and is still following and giving assistance in
this matter through the EEC task force.

On the evening of 17 January 1990, the EEC task force
for dealing with massive pollution at sea was activated by
a request from the Portuguese administration.

The following day, a task force expert arrived in Porto
Santo and began to cooperate with the Portuguese experts
in planning the pollution combating action.

At the same time, a 'crisis team' was established on the
premises of DG XI and a full coordination of information
and assistance from EEC countries was carried out.

Antipollution equipment from several EEC countries has
arrived on the island and the recovery and cleaning
operations have been carried out with the cooperation of
task force experts in Porto Santo with the Portuguese
authorities.

Concerning the study on environmental, social and
economic impact, the Commission's opinion is that this
should be considered as a part of the response to the
pollution accident. Such a study should also be carried out
by the Portuguese authorities in order to convey to the
insurers any financial claim.

WRITTEN QUESTION No 158/90

by Mrs Simone Martin (LDR)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/35)

_Subject:_ Decision by the Council of Transport Ministers
of 5 December 1989 on road cabotage

By its decision of 5 December 1989, the Council of
Transport Ministers has authorized road cabotage (the
transport of freight by non-resident hauliers) as of 1 July

1990.

However, the completion of the internal market makes it
necessary for liberalization measures to be accompanied
by parallel harmonization measures.

The Treaty of Rome also embodies the principles of equal
opportunity and fair competition.

1. Does the Commission not, therefore, consider that
this decision might adversely affect the
competitiveness of transport undertakings in some
Member States, at a time when the arrangements
necessary to ensure fair competition in the
Community have not all been made and on taxation,
technical standards and social conditions are not

adequately harmonized?

2. Implemention of the regulation adopted by the
Council on 4 and 5 December 1989 implies
transparency of cabotage operations and close
cooperation between the Commission and the
national authorities.

Would it not, therefore, be a good idea to hold
consultations as soon as possible with the professional
and economic sectors concerned, in order to ensure that
the initial steps towards the interpenetration of national
markets in the transport sector are properly understood ?

Answer given by Mr Van Miert
on behalf of the Commission

_(30 March 1990)_

1. The Commission takes the view that, by adopting
Regulation (EEC) No 4059/89 (*), the Council has taken
a first step towards establishing the conditions under
which non-resident carriers may operate transport
services within a Member State, in accordance with its
obligations under Articles 61 and 75 of the EEC Treaty
and with a view to establishing the freedom to provide
cabotage services in the Community. Indeed, the Court,
in its judgment No 13/83 ( [2] ), found that the Council had
failed to act in this respect.

No C 190/18 Official Journal of the European Communities 30. 7. 90

Harmonization of the conditions of competition was, and
still is, one of the major objectives of the common policy
on inland transport: but the Court, in the abovementioned
judgment, pointed out that the attainment of that
objective cannot constitute a precondition for carrying
out obligations under the Treaty.

It should also be noted that taxation (VAT payable on
cabotage operations), technical standards (weights and
dimensions of vehicles) and social conditions (driving
hours and rest periods) are governed by the national
regulations in force in the Member State where cabotage
is practised. In these respects, therefore, national and
non-resident carriers are given equal treatment.

2. The Member States are obliged to adopt the laws,
regulations and administrative provisions necessary to
ensure that cabotage can be practised. The Commission,
in close cooperation with national authorities and trade
associations, will ensure that the provisions of the
abovementioned Regulation are properly implemented.

O OJ No L 390, 30. 12. 1989, p. 3.
( [2] ) Reports of Cases before the Court, 1985, pp. 1513, 1600 and
1601.

WRITTEN QUESTION No 184/90

by Mr Ian White (S)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 190/36)

_Subject:_ Complaints to the Commission

Can the Commission list the number of legal staff who
work in each Directorate-General of the Commission and

the number of official complaints which have been
registered in 1987, 1988 and 1989 for which each DG is
responsible? From this, will the Commission calculate and
list the ratio of complaints registered to legal staff for
eachDG?

Which 10 Community Directives have resulted in the
most complaints in 1987, 1988 and 1989 and how many
complaints have been registered in each case?

Answer given by Mr Delors
on behalf of the Commission

_(15 March 1990)_

The examination and investigation of complaints forms
part of the work of monitoring the application of
Community law, which is carried out by specialized teams
in each Directorate-General or department. It is therefore
difficult to give the exact number of officials responsible
for dealing with complaints.

As regards information on complaints registered in 1987
and 1988, the Honourable Member may refer to Table 12

of the fifth and sixth annual reports to the European
Parliament on the monitoring of the application of
Community law (').

In 1989, a total of 1 195 complaints were registered with
the Commission. The breakdown by Directorate-General
was as follows: External Relations (3), Economic Affairs
(3), Internal Market and Industrial Affairs (350),
Competition (7), Employment, Social Affairs and
Education (59), Agriculture (198), Transport (11),
Environment (465), Fisheries (9), Financial Institutions
and Company Law (17) and Customs Union and Indirect
Taxation (73).

The computerization of data on complaints is not yet
advanced enough to produce a list of the 10 Directives
which have been the subject of the largest number of
complaints. The Commission can, however, provide the
following information:

The sector which attracted the largest number of
complaints was the environment, where the Directives
most frequently cited were 79/409/EEC (wild birds),
80/778/EEC (water intended for human consumption),
85/337/EEC (effects of certain public and private
projects on the environment), 76/160/EEC (bathing
water) and 75/442/EEC and 78/319/EEC (waste).

In other fields, it is worth mentioning the following
Directives: 83/183/EEC (permanent imports of personal
property), 85/834/EEC (mutual recognition of the
qualifications and right of establishment of architects),
78/686/EEC (recognition of dentist's qualifications),
83/189/EEC (information in the field of technical
standards) and 64/432/EEC and 64/433/EEC (trade in
fresh meat).

More detailed information will- be published in the
seventh annual report on the monitoring of the
application of Community law, which is currently being
prepared.

O Fifth Report: COM(88) 425 final — OJ No C310, 5. 12'.
1988. Sixth Report: COM(89) 411 final — OJ No C 330,
30.12. 1989.

WRITTEN QUESTION No 208/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 190/37)

_Subject:_ Regional Fund

Does the Commission undertake any kind of
environmental assessment of projects which it supports
under the Regional Fund, particularly in the case of road
schemes — and if not, why not?

30. 7. 90 Official Journal of the European Communities No C 190/19

Answer given by Mr Millan
on behalf of the Commission

_(5_ _April 1990)_

In accordance with Article 130 r of the EEC Treaty,
which states that environmental protection is to be a
component of the Community's other policies, the
Commission is careful to ensure that schemes financed by
the Community Structural Funds are compatible with its
environmental policy. In connection with the Community
support frameworks of 1989 in the regions covered by
objectives 1 and 2, the Commission has agreed with the
Member States that they will provide it with the
information it needs to assess the impact on the
environment of all relevant schemes. When practical
programmes come to be adopted, the Commission
ensures that the Member States are taking the necessary
steps to deal with the potential effects on the
environment.

The award of Community support for individual projects,
including roads, is of course subject to observance of
Community rules, in this case Directive 85/337/EEC on
the assessment of the effects of certain public and private
projects on the environment ( [1] ). When a project
co-financed by the Community is submitted under such a
procedure, the Commission requests a non-technical
summary of the environmental impact study and
consultations of the public and the environmental
authorities.

(') OJNoL 175,5.7. 1985,p. 40.

WRITTEN QUESTION No 210/90

by Sir Jack Stewart-Clark (ED)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 190/38)

_Subject:_ Copyright on recording

The Commission's Green Paper on copyright has opened
the prospect of harmonizing copyright law as a whole in
the Community. Will the Commission please inform me
of progress towards the tabling of draft legislation and
the nature of this?

Does the Commission agree that authors and composers
in the European Community should be adequately
remunerated with regard to text and music which is
recorded in the home both by analogue and digital
means?

Answer given by Mr Bangemann
on behalf of the Commission

_(30 March 1990)_

Following publication of the Green Paper on copyright
and the challenge of technology ('), the Commission
undertook an extensive consultation of interested parties.
This consultation is not yet finished.

The Commission has submitted a proposal, in respect of
Chapter 5 of the Green Paper, for a Council Directive on
the legal protection of computer programs ( [2] ). This
proposal is under discussion in the European Parliament
and in the Council. Moreover, the Commission intends to
make a proposal for a Council Directive on rental right
which will also cover certain aspects of Chapter 2 of the
Green Paper.

Finally, as regards more specifically television
broadcasting by satellite and cable, the Commission
recently announced in its communication on audiovisual
policy ( [3] ) its intention to put forward a proposal for a
Council Directive on copyright before the end of 1990.

(') COM(88) 172 final.
O OJNoC91, 12.4. 1989, p. 4.
O COM(90) 78 final.

WRITTEN QUESTION No 269/90

by Mr Pol Marck (PPE)

to the Commission of the European Communities

_(19 February 1990)_

(90/C 190/39)

_Subject:_ Market research for ornamental plant cultivation

I have already requested the Commission to promote
market research into ornamental plant cultivation in order
to promote sales of cut flowers and ornamental plants.

Commissioner Andriessen, addressing the House,
indicated that he would willingly support such a measure
but that a number of budget problems remained to be
solved.

Since the Commission has now refunded considerable

amounts to the Member States because of the budget
surplus, this would appear to be a suitable time to carry
out such market research.

Will the Commission keep its promise concerning a sector
which offers alternative production potential?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(21 March 1990)_

At the beginning of January 1990, the Commission
published an invitation to tender for market research on

No C 190/20 Official Journal of the European Communities 30. 7. 90

cut flowers and ornamental plants. The object of this
study, which will be carried out in the course of the year,
is to establish marketing concepts to serve as the basis for
a European information and sales promotion system for
cut flowers and ornamental plants, in accordance with the
request of the Advisory Committee, as set out in its
opinion of February 1988.

WRITTEN QUESTION No 322/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 190/40)

_Subject:_ Simplification of impact profile used by SMEs

With reference to the Commission Decision of 8

November 1989 to improve the system of assessing the
impact of Community legislation on SMEs, will the
Commission state how the new case-by-case assessment
system will operate.

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

_(29 March 1990)_

The Commission Decision (') made the following major
amendments to the system of assessing the impact of
Community legislation on small and medium-sized
enterprises (SMEs):

— all legislative proposals are covered now by the
system, even where the final legislation is adopted by
the Commission rather than the Council (previously
only legislation adopted by the Council was covered),

— an assessment is only made, however, where the
proposal is likely to have a significant impact on
business (previously an assessment was made for all
proposals),

— proposals which may have a significant impact on
business are identified as far as possible in advance by
reference to the Commission's work programme,

— the prior identification of those proposals which may
have a significant impact on business is intended also
to stimulate the early consultation of business by the
Commission so that the effects of any proposed
legislation can be taken into consideration at the
earliest possible stage,

— the format of the assessment form has been amended

in order to focus attention on those elements of

greatest relevance to business — the business sectors

concerned, the necessary actions to be taken and their
possible effects on employment, investment, the
competitive position of businesses and the opinions of
the business organizations consulted.

O COM(89) 259 final.

WRITTEN QUESTION No 329/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 190/41)

_Subject:_ Competition in the coal sector

In respect of competition in the coal sector, has the
Commission had an opportunity to consider the
implications of the three-year supply agreement reached
between British Coal, National Power and Powergen in
the UK during December 1989? Is it satisfied that the
agreement complies with European Community
competition rules in respect of the resulting price
restrictions imposed on indigenous UK coal producers
both public and private?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(2 April 1990)_

The Commission was notified on 12 February 1990
pursuant to Council Regulation No 17/62 of the general
terms of the three-year steam coal supply arrangements in
the United Kingdom. This notification was completed on
12 March 1990 by the transmission of the texts of the two
supply contracts between the British Coal Corporation,
National Power and Powergen. The Commission is
currently examining the compatibility of these agreements
with European Community competition law, notably with
Article 85 of the EEC Treaty.

WRITTEN QUESTION No 407/90

by Mr Pierre Lataillade (RDE)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 190/42)

_Subject:_ Number of public works contracts subject to
Directive 89/440/EEC

Directive 89/440/EEC (') on the award of public works
contracts, adopted on 18 July 1989, fixes a threshold of
ECU 5 million above which public works contracts are
subject to the requirements of the Directive, particularly
with regard to the publication in the _Official Journal of the_
_European Communities_ of invitations to tender.

30. 7. 90 Official Journal of the European Communities No C 190/21

Does the Commission intend to compile, as of July 1990,
precise periodical statistics on the number and size of the
public works contracts subject to the Directive, broken
down by type in accordance with the nomenclature of
activities of the European Community and by nationality
of the contracting authorities and successful tenderers?

How does the Commission intend to communicate these

statistics to the professional groups concerned?

O OJNoL210,21.7. 1989, p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(2_ _5_ _April 1990)_

Directive 89/440/EEC provides for the collection of
statistics along the lines indicated by the Honourable
Member. These will be used by the Commission to
monitor the application of the Directive. However, the
Directive provides that the first transmission of data will
not take place until 31 October 1993. It would therefore
be premature to decide at this stage exactly how this
information is to be exploited.

WRITTEN QUESTION No 409/90

by Mr Pierre Lataillade (RDE)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 190/43)

_Subject:_ Appeal in the event of failure to respect
legislation

In order to assist undertakings which feel they have been
wronged in connection with the award of a public
contract, could the Commission supply a list of the
competent bodies in each Member State to which these
undertakings could submit a complaint?

Could the Commission also state precisely what
procedure should be followed, in the case of each of these
bodies, by an undertaking wishing to lodge an appeal
following a procedural irregularity in the award of a
contract?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 April 1990)_

In order to assist firms which feel they have been wronged
in connection with the award of a public contract, the

Commission intends to publish shortly an information
memorandum on the appeal procedures currently in force
in the Member States. At present, the same level of legal
safeguards is not provided in all the Member States.

Firms will enjoy comparable legal safeguards throughout
the Community once the Member States have taken
measures to transpose Council Directive 89/665/EEC of
21 December 1989 on the coordination of the laws,
regulations and administrative provisions relating to the
application of review procedures to the award of public
supply and public works contracts ('). It will be for the
Member States to appoint or set up the review bodies
provided for in that Directive. The transposition measures
will have to be taken before 21 December 1991.

O OJNoL395,30.12. 1989.

WRITTEN QUESTION No 410/90

by Mr Pierre Lataillade (RDE)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 190/44)

_Subject:_ VAT on concession holders for motorways and
other roads etc. subject to tolls

Can the Commission state what VAT arrangements are
applied in the various Member States to services provided
by concession holders for motorways and other roads etc.
subject to tolls, and how far these arrangements are
compatible with the Sixth VAT Directive?

Answer given by Mrs Scrivener
on behalf of the Commission

_(20 April 1990)_

Tolls are not systematically charged in Member States for
the use of motorways and other transport infrastructures.

Four Member States (Belgium, Denmark, Germany and
Luxembourg) have not introduced any system of tolls.

Elsewhere, however, motorways and other transport
infrastructures that can be used free of charge co-exist
with infrastructures subject to tolls.

In three Member States (Spain, Ireland and Portugal)
tolls are charged in respect of road infrastructures, with

No C 190/22 Official Journal of the European Communities 30. 7. 90

VAT being levied in accordance with Article 2 of the Sixth
VAT Directive (').

In another Member State (Ireland) the use of two bridges
is subject to payment of a toll although there is an
exemption from VAT. Lastly, four Member States
(Greece, France, Netherlands and United Kingdom) have
transport infrastructures subject to tolls but VAT is not
levied on the charge made for their use. In the case of the
last five Member States mentioned, the Commission is
examining the situation under Article 169 of the EEC
Treaty.

(') OJNoLH5, 13.6. 1977.

WRITTEN QUESTION No 449/90

by Mr Bryan Cassidy (ED)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 190/45)

_Subject:_ Declarations of cash being carried by anyone
entering or leaving a Member State

In the Commission's opinion, would a Member State be
failing to meet its Community obligations if it were to
require anyone carrying into or out of its jurisdiction cash
over a set limit to declare it, so that anyone found with
undeclared cash would have committed an offence?

Answer given by Mr Christophersen
on behalf of the Commission

_(17 April 1990)_

It is the Commission's opinion that Member State's
requirements for persons to declare that they are carrying
cash over a set limit into or out of their jurisdiction are in
accordance with their Community obligations. Article 4
of the Council Directive 88/361/EEC of 24 June 1988 for

the implementation of Article 67 of the Treaty ('), which
enters into force on 1 July 1990, provides that:

'This Directive shall be without prejudice to the right of
Member States to take all requisite measures to prevent
infringements of their laws and regulations, inter alia in
the field of taxation and prudential supervision of
financial institutions, or to lay down procedures for the
declaration of capital movements for purposes of
administrative or statistical information.

Application of those measures and procedures may not
have the effect of impeding capital movements carried out
in accordance with Community law.'

This provision therefore would allow Member States to
impose a declaration requirement on specific cross border
movements provided these do not actually impede the
capital transfers involved.

(') OJ No L 178, 8. 7. 1988.

WRITTEN QUESTION No 454/90

by Mr Alexander Langer (V)

to the Foreign Ministers of the Member States of the
European Community meeting in political cooperation

_(5 March 1990)_

(90/C 190/46)

_Subject:_ Repression of Slovenian demonstrations in Italy

The purpose of this question is to ask the Foreign
Ministers meeting in European Political Cooperation

— whether they are aware that on 3 January 1990 the
police chief for Trieste-Trst., Mr Renato Servidio,
under order Cat. A4/90/Gab. banned a

demonstration planned for Sunday, 7 January 1990
by Mr Samo Pahor in 'protest against the delay in
approving the special regulations for the protection
of the Slovenian linguistic minority' and 'against the
proposals to restrict by law the scope (geographically
and in terms of content) of the right to use the
Slovenian language by comparison with the scope
deriving, according to the Italian Constitutional
Court, . . . from constitutional legislation', and that
the grounds given in the banning order included the
proposed 'waving by demonstrators of the Italian and
Slovenian flags' as if this were a reason for banning
the demonstration,

— whether they do not consider that bans of this kind
within the Community place the Western
democracies in a bad light, particularly when
compared with the freedom to demonstrate and wave
any kind of flag which is currently enjoyed by the
peoples of Eastern European countries as well as of
most of the Member States of the Community, and
suggest an attitude towards the problems of
ethnolinguistic minorities that might drive some to
nationalistic exasperation,

— what they intend to do to ensure, at this delicate
moment in history, that the Member States and the
European Community are exemplary models of
democracy and tolerance with regard to all ethnic,
linguistic and national problems since these problems
are, and will increasingly be, of prime importance ?

A copy of the order made by the Trieste-Trst. police chief
is attached and it is a matter for regret that there is no
element of bilingualism (Italian-Slovene) in the text of the
order, on the headed paper or in the stamp.

30. 7. 90 Official Journal of the European Communities No C 190/23

Answer

_(22 June 1990)_

The question to which the Honourable Member refers is
not under discussion in the framework of European
Political Cooperation.

WRITTEN QUESTION No 468/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(7 March 1990)_

(90/C 190/47)

_Subject:_ CEMR report on hazardous wastes

Has the Commission received a copy of the report drawn
up by the Working Party on hazardous wastes of the
CEMR (Communes, Municipalities and Regions of
Europe) and, if so, what action will it take to implement
its recommendations?

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

_(5_ _April 1990)_

The Commission has not received the report referred to
by the Honourable Member and is not in a position to
identify this report with the information given.

WRITTEN QUESTION No 473/90

by Mr Mauro Chiabrando (PPE)

to the Council of the European Communities

_(7 March 1990)_

(90/C 190/48)

_Subject:_ Human rights in Albania

All the Communist regimes of Eastern Europe have now
fallen, and even the Soviet Union, thanks to Mr
Gorbachev, is rapidly moving towards the establishment
of a freer and more democratic society. Only one state,
namely Albania, remains shut off within its borders and
administered by a rigid Communist dictatorship.

Will the Council do its utmost to support the Albanian
people's struggle for freedom?

Will the Council call on the Member States to review their

political and economic relations and cooperation
agreements with the Albanian Government, discouraging

any relations which might strengthen the current regime?
Alternatively, will it appeal to the competent bodies, such
as the UN, to ensure that human rights are respected and
to put an end to the serious violations still taking place in
that country?

Answer

_(22 June 1990)_

The Twelve follow closely the situation in Albania. They
have noted that the Albanian authorities show signs of
wishing to modify their policy of isolation and to adopt a
more positive attitude to political and economic
cooperation in European fora. Individual members of the
Twelve take advantage of contacts with the Albanian
Government to encourage the latter to respect human
rights. Individual members of the Twelve also make use of
appropriate international fora to press for respect for
human rights: for example, a number of partners
co-sponsored a resolution on human rights in Albania at
the recently concluded Session of the UN Commission on
human rights.

WRITTEN QUESTION No 921/90

by Mrs Ursula Schleicher (PPE)

to the Council of the European Communities

_(17 April 1990)_

(90/C 190/49)

_Subject:_ Implementation of Directive 89/48/EEC on the
recognition of diplomas and freedom of

movement

Directive 89/48/EEC ( [x] ) introduces a general system for
the recognition of diplomas by the Member States,
extending the freedom of movement which already
applies to certain professional categories.

In Italy following the adoption of statute No 39 of 28
February 1990, third country citizens holding degrees or
diplomas may apply for admission to professional
registers without the need to acquire Italian citizenship.

A sizeable influx into Italy of third country citizens, in
particular doctors, is expected.

In addition it is not easy to assess levels of training and
thus the professional competence of third-country
citizens. #

What measures does the Council intend to take to ensure

that the regulations introduced in Italy will not mean that
in practice professionals from third countries will
automatically be entitled to free movement in all Member
States?

0) OJNoL 19,27. 1. 1989, p. 16.

No C 190/24 Official Journal of the European Communities 30. 7. 90

Answer

_(14 June 1990)_

Pursuant to its Articles 2 and 3, Directive 89/48/EEC
applies only to nationals of the Member States of the
Community. The question of generalized free movement,
on the basis of Directive 89/48/EEC, of professionals
who are not Community nationals therefore does not
arise.

Since doctors are the subject of three specific Directives
(75/362/EEC, 75/363/EEC and 86/457/EEC), they do
not come within the scope of Directive 89/48/EEC.
Application of these specific Directives is also confined to
nationals of the Member States.

WRITTEN QUESTION No 983/90

by Mr Peter Beazley (ED)

to the Council of the European Communities

_(25 April 1990)_

(90/C 190/50)

_Subject:_ Spanish property

Following the recent Decree No 515/1989, concerning
the protection of consumers regarding information that
has to be provided when buying, selling and renting
housing, can the Council say what steps the Spanish
Government will be taking to rectify the situation for
buyers of property not covered by the decree ?

Answer

_(14 June 1990)_

The question put by the Honourable Member does not
come within the Council's jurisdiction.

WRITTEN QUESTION No 984/90

by Mr Francis Wurtz (CG)

to the Council of the European Communities

_(25 April 1990)_

(90/C 190/51)

_Subject:_ Council document following the Madrid Summit

At the last Madrid Summit meeting the Council drew up a
document on the confidentiality of information
concerning freedom of movement. Apparently this
document draws up a timetable of measures to be taken
up to 1992.

Can the Council provide a copy of this document?

Answer

_(14 June 1990)_

No document on the confidentiality of information was
submitted to the Madrid European Council.

The European Council did, however, receive a report —
known as the Palma Report — on the measures it is
essential or desirable to take so as to ensure free

movement of persons. The report in question was
forwarded to the European Parliament on 30 March
1990.

COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

SELECTED INSTRUMENTS

Relating to the Organization, Jurisdiction and Procedure of the Court, 1990 Edition

CONTENTS

I. European Economic Community — EEC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

II. European Atomic Energy Community (Euratom)
— EAEC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

III. European Coal and Steel Community — ECSC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

IV. Instruments relating to all three Communities

A. Convention on certain common Institutions

B. Treaty establishing a Single Council and a
Single Commission

C. Single European Act

D. Decision establishing a Court of First Instance

E. Protocol on Privileges and Immunities

F. Financial Controller

G. Staff Regulations

V. Rules of the Court

A. Rules of Procedure

B. Supplementary rules

C. Instructions to the Registrar

VI. Tables

Abbreviations

Synopsis of articles of the Treaties and the
Statutes of the Court

Index

271 pp.
Published in: ES, DA, DE, GR, EN, FR, IT, NL, PT.
Catalogue number: DX-57-89-152-EN-C ISBN: 92-829-0197-1
Price (excluding VAT) in Luxembourg: ECU 12

OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES
M

L-2985 Luxembourg

1-90

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