Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 112
# Official Journal

Volume 39

### of the European Communities

##### English edition Information and Notices

Notice No Contents

I Information

European Parliament

Written Questions with answer

17 April 1996

96 / C 112 / 01 E-l 84 / 95 by Jean-Pierre Raffarin to the Council
Subject : Anti-fraud measures 1

96 / C 112 / 02 E-151 7 / 95 by Nuala Ahern to the Commission
Subject : Changes in status at Sellafield reprocessing plant 2

96 / C 112 / 03 E-2713 / 95 by Stephen Hughes to the Commission
Subject : Changes in status at Sellafield reprocessing plant 2

Joint supplementary answer to Written Questions E-1517 / 95 and E-2713 / 95 2

96 / C 112 / 04 E - 1 926 / 95 by Undine-Uta Bloch von Blottnitz to the Council
Subject : Monitoring of compliance with EC Directives for the protection of farm animals ... 2

96 / C 112 / 05 E-2475 / 95 by Gerhard Botz to the Commission
Subject : Information concerning Commission officials responsible for Structural Fund intervention
in areas covered by various objectives 4

96 / C 112 / 06 E-2512 / 95 by Amedeo Amadeo to the Council
Subject : Violence against minors 4

96 / C 112 / 07 E-2589 / 95 by Amedeo Amadeo to the Commission
Subject : Research activities ( Supplementary answer ) 5

96 / C 112 / 08 E-2 686 / 95 by Alexandros Alavanos to the Council
Subject : EU rôle in latest developments in Bosnia 6

96 / C 112 / 09 E-2701 / 95 by Alexandros Alavanos to the Council
Subject : Human rights in Peru 6

###### EN

Price : ECU 19,50 ( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 112 / 10

96 / C 112 / 11

96 / C 112 / 12

96 / C 112 / 13

96 / C 112 / 14

96 / C 112 / 15

E-2726 / 95 by Christoph Konrad to the Council
Subject : New version of Council Directive 93 / 89 / EEC of 25 October 1993 on taxes and tolls

E-2805 / 95 by Jesus Cabezón Alonso to the Council
Subject : Appointments in the Committee of the Regions

E-2834 / 95 by Martina Gredler to the Council
Subject : Loss of United Kingdom entry permit in 1996 by three million Chinese in Hong
Kong

E-2918 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Air transport of nuclear fuels ( Supplementary answer )

E-2930 / 95 by Jessica Larive to the Commission
Subject : Allocation of appropriations to the Gutenberg programme to promote books and
reading

E-293 7 / 95 by Jesus Cabezón Alonso to the Council

Subject : Committee of the Regions

96 / C 112 / 16 E-2939 / 95 by Cristiana Muscardini to the Commission
Subject : Natural disasters and Community aid

96 / C 112 / 17 E-2946 / 95 by Christine Crawley to the Council

Subject : Sarah Balabagan

96 / C 112 / 18 E-2958 / 95 by Thomas Megahy to the Commission
Subject : Cohésion Fund

7

7

8

8

9

10

10

11

11

12

13

13

14

14

15

16

16

17

18

96 / C 112 / 19

96 / C 112 / 20

96 / C 112 / 21

96 / C 112 / 22

96 / C 112 / 23

96 / C 112 / 24

96 / C 112 / 25

96 / C 112 / 26

96 / C 112 / 27

###### EN

E-3008 / 95 by Amedeo Amadeo to the Commission
Subject : Pesticides in agriculture ( Supplementary answer )

E-3014 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : EU legislation on motor vehicle emissions — Horizon 2000

P-3294 / 95 by Bernd Lange to the Commission
Subject : Future and necessary European provisions to combat air pollution from emissions
from cars and light commercial vehicles, to enter into force in the year 2000

Joint answer to Written Questions E-3014 / 95 and P-3294 / 95

E-3015 / 95 by Carlos Robles Piquer to the Commission
Subject : Fusion and renewable energy sources

E-3017 / 95 by Carlos Robles Piquer to the Council
Subject : Chechenia and mediation by President Nazarbayev

E-302 6 / 95 by Martin Schulz to the Council

Subject : Mr Aboul-Kata

E-3029 / 95 by Wolfgang Nußbaumer to the Commission
Subject : Infrastructure for sports facilities

E-3034 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : ICRP-60 radiation protection standards — Euratom basic standards

E-3041 / 95 by Gerardo Fernández-Albor to the Council
Subject : The effects of the embargo against Iraq on the population of that country

Notice No Contents ( continued ) Page

96 / C 112 / 28 E-3047 / 95 by Gianni Tamino, Carlo Ripa di Meana, Maria Aglietta, Leoluca Orlando,
Paul Lannoye, Nel van Dijk and Francesco Baldarelli to the Council
Subject : French attacks on a Dutch environmental campaigners ' ship in the Italian port
of Brindisi 18

96 / C 112 / 29 E-3060 / 95 by Nuala Ahern to the Commission
Subject : Budget for health and safety under Euratom 19

96 / C 112 / 30 E-3063 / 95 by Nuala Ahern to the Commission
Subject : Application of Article 34 of the Euratom Treaty 19

96 / C 112 / 31 E-3070 / 95 by Amedeo Amadeo to the Council
Subject : Funds for Lombardy, Piedmont, Liguria and the Aosta Valley 20

96 / C 112 / 32 E-3072 / 95 by Bartho Pronk to the Commission
Subject : European generic pharmaceuticals industry 20

96 / C 112 / 33 E-3082 / 95 by Martin Schulz to the Council
Subject : Seizure of plutonium at Munich airport 21

96 / C 112 / 34 E-3093 / 95 by Christine Crawley to the Council
Subject : Income tax 21

96 / C 112 / 35 E-3 125 / 95 by Markus « Ferber to the Commission
Subject : Situation of the semiconductor industry in Europe 22

96 / C 112 / 36 E-3133 / 95 by Jesus Cabezón Alonso to the Council
Subject : Referendum in Western Sahara 22

96 / C 112 / 37 P-3 140 / 95 by Irene Crepaz to the Council
Subject : Amendment of the Directive on the posting of workers in the framework of the provision
of services 23

96 / C 112 / 38 E-3 146 / 95 by Manuela Frutos Gama to the Commission
Subject : Funds for non-eligible areas 23

96 / C 112 / 39 E-3163 / 95 by Hiltrud Breyer to the Commission
Subject : The EMA ( European Agency for the Evaluation of Medicinal Products ) 24

96 / C 112 / 40 E-3206 / 95 by James Fitzsimons to the Commission
Subject : Innovative projects under the ESF and project approvals in Ireland 25

96 / C 112 / 41 E-3212 / 95 by Liam Hyland to the Commission
Subject : Régulation ( EEC ) No 3254 / 91 25

96 / C 112 / 42 E-3213 / 95 by Carlos Robles Piquer to the Commission
Subject : Community legislation on cleaning up marinas 25

96 / C 112 / 43 P-3221 / 95 by Daniel Varela Suanzes-Carpegna to the Council
Subject : Planned compensatory measures for the Community canning industry following the
concessions granted to the Kingdom of Morocco 26

96 / C 112 / 44 E-3247 / 95 by Doris Pack to the Commission
Subject : Equal treatment in law for French friendly societies and the Crédit Social des
Fonctionnaires 26

96 / C 112 / 45 E-3263 / 95 by Anne McIntosh to the Commission
Subject : Transport safety research spending in the Fourth Framework Programme 27

EN

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 112 / 46

96 / C 112 / 47

96 / C 112 / 48

96 / C 112 / 49

96 / C 112 / 50

96 / C 112 / 51

96 / C 112 / 52

96 / C 112 / 53

96 / C 112 / 54

96 / C 112 / 55

96 / C 112 / 56

96 / C 112 / 57

96 / C 112 / 58

96 / C 112 / 59

96 / C 112 / 60

96 / C 112 / 61

96 / C 112 / 62

96 / C 112 / 63

EN

P-3268 / 95 by Miguel Arias Cañete to the Commission
Subject : Civil liability law and the environment

E-3271 / 95 by Eryl McNally to the Commission
Subject : Drink-drivers still able to drive after conviction

P-3280 / 95 by Giorgos Dimitrakopoulos to the Council
Subject : Participation of Cyprus and Malta in the Euro-Mediterranean Conference

E-3312 / 95 by Marie-France Stirbois to the Commission

Subject : Situation of oyster farmers vis-à-vis EU législation

E-3319 / 95 by Reimer Bôge to the Commission
Subject : Progress of negotiations in fields excluded from the Uruguay Round because of
disagreement

E-3321 / 95 by Susan Waddington to the Commission
Subject : Biomed programme and the use of chimpanzees for research

E-3436 / 95 by Alexandros Alavanos to the Commission
Subject : Preservation of the industrial heritage

E-3437 / 95 by Glenys Kinnock to the Commission
Subject : Human-rights-related grants for funding in China and Tibet during 1993, 1994
and 1995

E-344 9 / 95 by Renate Heinisch to the Commission
Subject : Proposals to amend Directives 90 / 219 / EEC and 90 / 220 / EEC

E-3450 / 95 by Siegbert Alber to the Commission
Subject : Reducing motor-vehicle emissions from the year 2000

E-3453 / 95 by Susan Waddington to the Commission
Subject : State subsidies to European airlines

E-3456 / 95 by Anita Pollack to the Commission

Subject : Child care

E-3458 / 95 by Anita Pollack to . the Commission
Subject : Environmental impact on withdrawn produce

E-3459 / 95 by Anita Pollack to the Commission
Subject : Liability for environmental damage

Joint answer to Written Questions E-3458 / 95 and E-3459 / 95

E-3464 / 95 by Doeke Eisma to the Commission
Subject : Environmental projects in Tacis

E-3473 / 95 by Marco Cellai to the Commission
Subject : Depositing of export declarations in customs offices

E-3474 / 95 by Marianne Thyssen to the Commission
Subject : SMEs and access to EU support measures

E-3475 / 95 by José Apolinário to the Commission

Subject : European Environment and Tourism Prize

28

28

29

29

30

31

31

32

32

33

33

34

34

34

34

34

35

36

37

Notice No Contents ( continued ) Page

96 / C 112 / 64

96 / C 112 / 65

96 / C 112 / 66

96 / C 112 / 67

96 / C 112 / 68

96 / C 112 / 69

96 / C 112 / 70

96 / C 112 / 71

96 / C 112 / 72

96 / C 112 / 73

96 / C 112 / 74

96 / C 112 / 75

96 / C 112 / 76

96 / C 112 / 77

96 / C 112 / 78

96 / C 112 / 79

96 / C 112 / 80

96 / C 112 / 81

###### EN

E-3476 / 95 by Joaquim Miranda to the Commission
Subject : Community rules on slaughterhouses 37

E-3477 / 95 by Joaquim Miranda to the Commission
Subject : Labelling of agro-stock raising produce 38

E-3483 / 95 by Hiltrud Breyer to the Commission
Subject : Bremen's bird protection Directive 39

E-3488 / 95 by Hiltrud Breyer to the Commission
Subject : Use of research appropriations 39

E-3489 / 95 by Wolfgang Nutëbaumer to the Commission
Subject : Cross-frontier activities of SMEs — employment permits 40

E-3491 / 95 by Mihail Papayannakis to the Commission
Subject : Naxos and the second Community Support Framework 40

E-3492 / 95 by Mihail Papayannakis to the Commission

Subject : Urban environment 41

E-3503 / 95 by Siegbert Alber and Marlies Mosiek-Urbahn to the Commission
Subject : Proposal for a Directive on access to the ground-handling market at Community airports
and ongoing complaints procedures under competition law on the same subject 42

E-3523 / 95 by Werner Langen to the Commission
Subject : Misappropriation of subsidies and trafficking in sugar 42

E-3524 / 95 by Werner Langen to the Commission
Subject : Export-refunds on exports of EU table wines to eastern Europe 43

E-3535 / 95 by Richard Howitt to the Commission
Subject : Helios prize-giving 44

E-3542 / 95 by Roberto Mezzaroma to the Commission
Subject : Disabled and handicapped persons employed by the European Union 44

E-3551 / 95 by Joaquin Sisô Cruellas to the Commission
Subject : Disadvantages suffered by farmers in the province of Huesca in connection with the
granting of European Union subsidies 45

P-3555 / 95 by Daniel Féret to the Commission
Subject : Failure by the Member States to implement EEC insurance Directives 45

E-3563 / 95 by Irene Crepaz to the Commission
Subject : Liberalization of the energy market : consumer protection 46

E-3564 / 95 by Irene Crepaz to the Commission
Subject : Accession negotiations between the EU and Malta 47

E-3572 / 95 by Carole Tongue to the Commission
Subject : Greek ordeal of British dancers and models 47

P-3576 / 95 by Giacomo Santini to the Commission
Subject : Fat content of Community butter 48

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 112 / 82 P-3584 / 95 by Maria Aramburu del Rio to the Commission
Subject : Proceedings concerning the Santana Motor undertaking of Linares ( Jaén, Spain ) .... 49

96 / C 112 / 83 P-3588 / 95 by Friedrich-Wilhelm Graefe zu Baringdorf to the Commission
Subject : Enzymes produced by GMOs in the processing of organic foodstuffs 50

96 / C 112 / 84 E-3593 / 95 by Jean-Pierre Bazin to the Commission
Subject : Aid to shipbuilding in the former German Democratic Republic — compliance with the
capacity reduction requirement 50

96 / C 112 / 85 E-3596 / 95 by Friedrich-Wilhelm Graefe zu Baringdorf to the Commission
Subject : Administrative post in the Commission responsible for organic farming 51

96 / C 112 / 86 E-3600 / 95 by Gerardo Fernandez - Albor to the Commission
Subject : Promotion of summer tourism in winter resorts 51

96 / C 112 / 87 E-3603 / 95 by Raymond Chesa to the Commission
Subject : Serious distortions affecting automobile distribution in the European Union Member
States 52

96 / C 112 / 88 E-3608 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community subsidies to associations, NGOs and various bodies 53

96 / C 112 / 89 E-3613 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community grants to associations, NGOs and other bodies 53

96 / C 112 / 90 E-3614 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community grants to associations, NGOs and other bodies 53

96 / C 112 / 91 E-361 5 / 95 by Jean-Yves Le Gallou to the Commission
Subject : Community grants to associations, NGOs and other bodies 53

96 / C 112 / 92 E-361 7 / 95 by Amedeo Amadeo to the Commission
Subject : Foundation for ACP-EEC Cultural Cooperation 54

96 / C 112 / 93 E-3636 / 95 by Brendan Donnelly to the Commission
Subject : Failure of Greek social security authorities to implement Regulation ( EEC )
No 1408 / 71 54

96 / C 112 / 94 E-3638 / 95 by Terence Wynn to the Commission
Subject : Black market for tobacco ( cigarettes ) within the borders of the EU 54

96 / C 112 / 95 E-3642 / 95 by Marco Pannella to the Commission
Subject : Evaluation and possible revision of EU policy on drugs 55

96 / C 112 / 96 E-3649 / 95 by Roberta Angelilli to the Commission
Subject : Inspection carried out vis-à-vis the Lazio regional authorities 56

96 / C 112 / 97 E-3652 / 95 by Ilona Graenitz to the Commission
Subject : Private insolvency 56

96 / C 112 / 98 E-3659 / 95 by Marie-Paule Kestelijn-Sierens to the Commission
Subject : Shipments of waste for recovery 56

EN

Notice No Contents ( continued ) Page

96 / C 112 / 99 E-3660 / 95 by Bartho Pronk and Leen van der Waal to the Commission
Subject : Violation of the rights of Christian minorities in Turkey 57

96 / C 112 / 100

P-l / 96 by Irene Soltwedel-Schàfer to the Commission
Subject : Validation of in vivo experiments serving to confirm of rule out infectibility of tissue with
the BSE pathogen ( Supplementary answer ) 58

96 / C 112 / 101 P-2 / 96 by Gary Titley to the Commission

Subject : ' Permit to Stay ' rules in Italy 58

96 / C 112 / 102

96 / C 112 / 103

P-3 / 96 by Christian Rovsing to the Commission
Subject : Management of Objective 2 aid to North Jutland District, Denmark 59

P-6 / 96 by Pierre Carniti to the Commission
Subject : Supplementary pension schemes 59

96 / C 112 / 104 P-7 / 96 by Francisca Sauquillo Pérez del Arco to the Commission
Subject : ECHO funding of NGOs in Burundi 60

96 C 112 / 105 E-17 / 96 by Carlo Ripa di Meana and Gianni Tamino to the Commission
Subject : Intermodal centre in Olbia ( Sardinia ) 60

96 / C 112 / 106

96 / C 112 / 107

96 / C 112 / 108

96 / C 112 / 109

E-25 / 96 by Lucio Manisco, Luciana Castellina, Pedro Marset Campos, Honorio Novo
and Ioannis Theonas to the Commission

Subject : Delays in the MED programmes 61

E-26 / 96 by Jan Bertens to the Commission
Subject : Unequal treatment as a consequence of the AMBI-tax in Denmark 62

P-32 / 96 by Nuala Ahern to the Commission
Subject : Problems with the renewal of the agreement on US-Euratom nuclear cooperation ... 62

E-39 / 96 by Stephen Hughes to the Commission

Subject : Display screen equipment 63

96 / C 112 / 110 E-42 / 96 by Stephen Hughes to the Commission
Subject : Display screen equipment 63

96 / C 112 / 111 E-48 / 96 by Stephen Hughes to the Commission
Subject : Display screen equipment 63

96 / C 112 / 112 E-49 / 96 by Stephen Hughes to the Commission
Subject : Display screen equipment 63

Joint answer to Written Questions E-42 / 96, E-48 / 96 and E-49 / 96 64

96 / C 112 / 113 E-47 / 96 by Stephen Hughes to the Commission

Subject : Display screen equipment 64

96 / C 112 / 114 E - 56 / 96 by Stephen Hughes to the Commission
Subject : Display screen equipment 64

96 / C 112 / 115 E-72 / 96 by Amedeo Amadeo to the Commission
Subject : Legal guarantees for consumer goods 64

96 / C 112 / 116

###### EN

E-82 / 96 by Inigo Méndez de Vigo to the Commission
Subject : Human rights abuse in Saudi Arabia 65

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 112 / 117 E-89 / 96 by Gunilla Carlsson to the Commission
Subject : Simplification of legislation

96 / C 112 / 118 P-93 / 96 by James Provan to the Commission

Subject : Potato brown rot disease

96 / C 112 / 119

96 / C 112 / 120

96 / C 112 / 121

96 / C 112 / 122

96 / C 112 / 123

96 / C 112 / 124

96 / C 112 / 125

96 / C 112 / 126

96 / C 112 / 127

E - 1 09 / 96 by Anita Pollack to the Commission
Subject : Logging in Gabon, the Congo and Cameroon — Ape slaughter

E - 1 12 / 96 by Clive Needle to the Commission
Subject : What is the total number of people directly employed by the Commission at
1 January 1996 ?

E - 1 23 / 96 by Maria Aramburu del Rio to the Commission
Subject : Teacher training manual describing homosexuality as an offence ( Spain )

E-127 / 96 by Jean-Yves Le Gallou to the Commission
Subject : Community grants to associations, NGOs and other bodies

E-128 / 96 by Jean-Yves Le Gallou to the Commission
Subject : Community grants to associations, NGOs and other bodies

E-131 / 96 by Frank Vanhecke to the Commission
Subject : European Commission support to the Walloon socialist FGTB trade union

P-l 35 / 96 by Peter Truscott to the Commission
Subject : Conditions in Chinese State orphanages

E - 1 3 7 / 96 by Thomas Megahy to the Commission
Subject : Working time of junior doctors

P - 1 42 / 96 by Mihail Papayannakis to the Commission
Subject : Resettlement of refugee families

96 / C 112 / 128 P - 143 / 96 by Glyn Ford to the Commission

Subject : Mystery of the missing trialogue

96 / C 112 / 129

P-l 63 / 96 by Luigi Moretti to the Commission
Subject : Italy's failure to comply with the Court of Justice judgment on freedom of movement for
people employed in the sports sector

96 / C 112 / 130 E - 1 67 / 96 by Hugh McMahon to the Commission

Subject : Commission Code of Conduct

65

66

66

66

67

67

68

68

69

69

69

70

70

71

71

72

72

96 / C 112 / 131

96 / C 112 / 132

96 / C 112 / 133

###### EN

P-l 98 / 96 by Barbara Weiler to the Commission
Subject : EU negotiations with the Republic of Slovenia on the conclusion of an Association
Agreement and the future of relations with Slovenia

P-240 / 96 by Marilena Marin to the Commission
Subject : Implementation of measures to improve the health and safety of workers at work . .,

P-431 / 96 by Xaver Mayer to the Commission
Subject : Refusal to grant daily hunting licences in Germany to Germans living abroad on a
long-term basis who have acquired their hunter's licences in the foreign country . . . . . . . . .,

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-1 84 / 95

by Jean-Pierre Raffarin ( PPE )

to the Council

( 22 February 1995 )

( 96 / C 112 / 01 )

Subject : Anti-fraud measures

The European Council has asked the Council of Ministers to
propose joint action on anti-fraud measures for the first half
of 1995 . How does the Council propose to ensure
transparency in the use of Community funds ?

Answer

(8 March 1996 )

In its resolution of 6 December 1994 on the legal protection
of the financial interests of the Communities ( 1 ), the Council
called for the establishment of a legal instrument to ensure
the protection of the financial interests of the Communities
under national criminal law . The resolution referred to the

draft joint action submitted by United Kingdom and to the
draft Convention forwarded by the Commission and set
forth a number of guiding principles to be observed when
establishing the instrument concerned .

In the conclusions at its meeting in Essen on 9 and

10 December 1994, the European Union asked the Council

( JHA ) to continue its discussions actively so that joint action
could be decided on or a Convention established .

In accordance with the European Council's instructions and
the resolution of 6 December 1994, the Convention on the
protection of the European Communities ' financial interests

was drawn up by the Council and signed by the
representatives of the Member States on 26 July 1995 ( 2 ).
This Convention relates in particular to a definition of
fraud, the criminal penalties to be provided for in criminal
law with regard to the fraud defined and the liability of
heads of businesses in cases of fraud . The Convention also

contains provisions on legal cooperation and on the powers
of the Court of Justice .

The Convention of 26 July 1995 is only a first instrument
covering part of the questions relating to the protection
under criminal law of the financial interests of the

Communities, and work will continue in order to establish a
more comprehensive instrument . The Council's subordinate
bodies are currently examining a draft Protocol to the
Convention submitted by the Spanish Presidency in the light
of the resolution of 6 December 1994 relating to bribery
jeopardizing or likely to jeopardize the financial interests of
the European Communities . The European Parliament will
shortly be consulted on this draft Protocol in accordance
with the second paragraph of Article K 6 of the Treaty on
European Union .

A number of other issues contained in the resolution relating
in particular to criminal or other penalties imposed on legal
persons and to money laundering will have to be examined
at a later stage from the point of view of protecting the
financial interests of the European Communities .

Furthermore, it should also be pointed out that the Ecofin
Council of 27 November 1995 adopted conclusions on
anti-fraud measures, which were made public in the press
release and which received the support of the Madrid
European Council ( 15 and 16 December 1995 ). Finally,
following further consultation of the European Parliament,
the Council also adopted on 18 December 1995 a
Regulation on the protection of the Communities ' financial
interests, concerning homogeneous checks and

No C 112 / 2 I EN Official Journal of the European Communities 17 . 4 . 96

administrative measures and penalties concerning
irregularities with regard to Community law .

Supplementary joint answer to Written Questions

E-1517 / 95 and E-2713 / 95

given by Mrs Bjerregaard
on behalf of the Commission
P ) OJ No C 355, 14 . 12 . 1994, p . 2 .

( 2 ) OJ No C 316, 27 . U. 1995, p . 48 . (7 December 1995 )

WRITTEN QUESTION E-1517 / 95

by Nuala Ahern ( V )

to the Commission

( 31 May 1995 )

( 96 / C 112 / 02 )

Subject : Changes in status at Sellafield reprocessing plant

Further to the reply to my Question E-2456 / 94 on Thorp (*),
does the announcement made by British Nuclear Fuels, the
owner-operators of Thorp, on 1 April 1995, that BNFL
would take spent nuclear fuel from Scottish Nuclear with
the option to permanently store it at Sellafield rather than
reprocess through Thorp, change the status of the Sellafield
installation as covered by Annex I to the EIA Directive

85 / 337 / EEC ( 2 )?

Will the Commission now insist that an EIA on the storage
proposals for Sellafield is forwarded to comply with the
Directive ?

( 1 ) OJ No C 88, 10 . 4 . 1995, p . 17 .

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

WRITTEN QUESTION E-2713 / 95

by Stephen Hughes ( PSE )

to the Commission

(6 October 1995 )

The Commission in June 1995 requested from the United
Kingdom information on the storage at Sellafield of spent
nuclear fuel from Scottish Nuclear . A substantive reply was
received in September 1995 .

The United Kingdom authorities state that current facilities
at Sellafield suitable for the storage of spent nuclear fuel
consist of the fuel handling plant, for which development
consent was granted on 1 March 1977, and Thorp receipt
and storage, for which development consent was granted on
29 June 1978 . These facilities were therefore approved
before Directive 85 / 337 / EEC on the assessment of the

effects of certain public and private projects on the
environment was adopted and came into force . The
development of any additional facilities for the storage of
spent nuclear fuel at Sellafield would be subject to the
requirements of the Directive .

The United Kingdom authorities state that spent nuclear
fuel from Scottish Nuclear could be sent to Sellafield from

2006 onwards for temporary storage . No agreement has
been made for its permanent storage at Sellafield .

The situation has to be assessed on the basis of relevant

legislation at the relevant time . It follows from the United ~
Kingdom answer that the question of possible storage at
Sellafield of spent nuclear fuel from Scottish Nuclear will
arise in 2006 . Whether an environmental impact assessment
will be required at that time is at present impossible to

say .

( 96 / C 112 / 03 ) WRITTEN QUESTION E-1926 / 95
by Undine-Uta Bloch von Blottnitz ( V )

to the Council

Subject : Changes in status at Sellafield reprocessing plant (3 July 1995 )

{ 96 / C 112 / 04 )

Further to Question E-1517 / 95 ( x ), can the Commission
indicate the date when the request was made to the United
Kingdom Government for the details mentioned, the date of
the reply and whether the Commission has insisted that an
Environmental Impact Assessment on the storage proposals
for Sellafield be forwarded, to comply with Directive
85 / 337 / EEC .

Subject : Monitoring of compliance with EC Directives for

the protection of farm animals

There are repeated reports in the press about the scandalous
conditions in which farm animals are kept and transported .
(') OJ No C 213, 17 . 8 . 1995, p . 63 . Clearly many farmers, importers and exporters of farm

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 3

animals do not even comply with the existing inadequate
legal provisions in this area .

1 . Apart from the veterinary offices are there any other

bodies in the EU which monitor compliance with EC
Directives on the keeping of beef cattle, calves, pigs,
horses, poultry and fur animals ?

2 . Do the relevant bodies carry out checks of their own
accord ?

( a ) If so, according to what criteria ( frequency, form,
etc .)?

( b ) If not, how, by whom and under what procedures

can checks on compliance with the relevant
Regulations and Directives be initiated ?

3 . ( a ) How often have checks been carried out in the EU
over the past three years on farmers, importers and
exporters of farm animals ?

( b ) How many infringements, of what nature, were

noted in each case ( please give breakdown by
provisions infringed — e.g . on overcrowding,
feeding, light and air supply during transport
etc .)?

( c ) How were these infringements brought to light ?

4 . What additional measures have been taken to put a stop

to these infringements and guarantee long-term
compliance with the provisions in question ?

5 . How does the Council envisage improving the
effectiveness of checks on compliance with the
Regulations on the keeping and live transport of farm
animals ?

6 . What changes as regards the bodies responsible and their

opportunities for carrying out checks under the relevant
Regulations and Directive will become necessary with
the completion of the EC Internal Market ?

Answer

(8 March 19 96 )

The Community legislation concerning the protection of
animals referred to by the Honourable Member's question
was established by the Council in November 1991 when it
adopted :

— Directive 91 / 628 / EEC on the protection of animals

during transport ('), as amended considerably by
Directive 95 / 29 / EC of 29 June 1995 ( 2 );

— Directive 91 / 629 / EEC laying down minimum standards

for the protection of calves ( 3 );

— Directive 91 / 630 / EEC laying down minimum standards

for the protection of pigs ( 4 ).

Those Directives lay down respectively in Articles 8 and 10

( 91 / 628 / EEC ) and Articles 7 and 9 ( 91 / 629 / EEC and
91 / 630 / EEC ) the provisions applicable to checks on
compliance with the requirements of the Directives
concerned, to be carried out by the Member States with the
Commission being kept regularly informed of the results of
such inspections, and to checks to be carried out by the
Commission .

The Community legislative texts confirm the principle of the
national authorities being primarily responsible for
organizing inspections, with the Commission being
responsible for checking the uniform application of the
texts . The Council is not therefore in a position to reply in
detail to the Honourable Member's question concerning
checks . The Honourable Member could contact the

Commission on this point .

With regard to the protection of animals during transport,
Directive 95 / 29 / EC moreover laid down provisions to
strengthen requirements in particular with regard to :

— training for staff who transport animals ;

— drawing up a route plan ;

— organizing checks ;

— applying penalties if infringements are established ;

— loading densities ;

— watering and feeding intervals, journey times and resting

periods .

With regard to the protection of calves under the various
stock-farming systems, a report drawn up on the basis of an
opinion by the Scientific Veterinary Committee was
submitted to the Council on 1 8 December 1 995 on intensive

stock-farming methods which comply with calf welfare
requirements from a pathological, zootechnical,
physiological and behavioural point of view and on the
socio-economic implications of the various systems,
together with appropriate proposals taking account of the
report's conclusions .

As soon as the Council has received those proposals, it will
examine them very carefully with a view to acting as soon as
possible .

(') OJ No L 340, 11 . 12 . 1991, p . 17 .

( 2 ) OJ No L 148, 30 . 6 . 1995, p . 52 .

( ? ) OJ No L 340, 11.12 . 1991, p . 28 .

( 4 ) OJ No L 340, 11 . 12 . 1991, p . 33 .

No C 112 / 4 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-2475 / 95

by Gerhard Botz ( PSE )

to the Commission

( 11 September 1995 )

( 96 / C 112 / 05 )

Subject : Information concerning Commission officials
responsible for Structural Fund intervention in
areas covered by various objectives

The implementation of European structural policy absorbs
a considerable amount of European tax revenue . At the
same time, complaints are constantly heard concerning
inadequate Commission staffing in this area .

How many officials and other staff in various categories are
responsible for Structural Fund intervention in Objective 1,
2 and 5(b ) areas ?

Can the Commission give a breakdown by Member State,
indicating whether an official or other member of staff has
responsibility for more than one area / Member State ?

What future staffing policy is being envisaged by the

Commission in this context ?

Answer given by Mr Liikanen

on behalf of the Commission

( 13 February 1996 )

Responsibility for implementing the Structural Funds in the
regions covered by Objectives 1, 2 and 5b lies with the
Directorates-General for Agriculture, Social Affairs,
Fisheries and Regional Policy and Cohesion .

The number of staff will be decided on by the Commission
as and when resources are allocated by the budgetary
authority under forthcoming budgets .

DG for Agriculture : In the Rural Development I Directorate,
officials handle the files of a Member State with whose

language they are familiar . There are 31 A staff and 12 B
staff .

DG for Social Affairs : In Directorate B ( European Social
Fund ), which is responsible for policy coordination, all
Objectives are dealt with on a thematic basis . Auditing,
inspection and evaluation work is performed by 4 A and 3 B
officials . Directorate C is in charge of the implementation of
the ESF as a whole and of all the objectives . This work is
organized geographically . The 17 A officials ( including one
auxiliary ), six national experts on secondment and seven
B-officials handle the files relating to Objectives 1, 2 and 5b,
generally on the basis of the country with whose language
they are familiar .

DG for Fisheries : In the Structures Directorate, which is
responsible for managing the FIFG ( Financial Instrument
for Fisheries Guidance ), the distribution of work between
officials is not linked to geographical Objectives 1,2 and 5b .
At 1 October 1995, the directorate consisted of 32 officials
and temporary staff . Of these, 24 were in Category A and 8
in Category B. Of the 10 officials in charge of measures
conducted in the Member States, seven were responsible for
one Member State each, one for two Member States and two
for three Member States each .

DG for Regional Policy and Cohesion : The organization
chart consists of three directorates in charge of
implementing European Regional Development Fund
measures in the regions covered by Objectives 1, 2, 5b or 6 .
The table below does not include the 13 national experts on
secondment .

Unit Geographical area A B

XVI-B-1 Belgium, Denmark, Luxembourg,
Netherlands ( 2 ) 5 2

XVI-B-2 Greece i 1 ) 6 4

XVI-B-3 Portugal ( 1 ) 6 3

XVI-B-4 Austria, Finland, Sweden ( 2 ) 6 2

XVI-C-1 Spain ( 2 ) 9 3

XVI-C-2 Ireland, Northern Ireland (') 5 3

XVI-C-3 Italy ( 2 ) 10 6

XVI-D-1 Germany ( 2 ) 6 4

XVI-D-2 France ( 2 ) 7 4

XVI-D-3 United Kingdom ) 2 ) 6 2

C ) Objective 1 . Officials in charge of more than one eligible region .

( 2 ) Several Objectives . Officials in charge of more than one eligible

region .

WRITTEN QUESTION E-25 12 / 95

by Amedeo Amadeo ( NI )

to the Council

( 16 September 1995 )

( 96 / C 112 / 06 )

Subject : Violence against minors

In the recent past, the European media have reported an
incredible series of acts of violence against minors
perpetrated all over the world, including in Community
Member States . The subject had already received attention
previously, but the phenomenon has now assumed
genuinely alarming dimensions and therefore calls for
attention and a response .

The Council, Commission and European Parliament must
all act on this as a matter of urgency, because there is a

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 5

glaring need for a global commitment to defend one of the
most natural human rights .

What measures will the Council adopt ?

to terrorism, violence in sport, racism and xenophobia and
the multicultural society make for greater commitment on
all sides .

Would it be too much to ask for the Inter-governmental
Conference to consider the possibility of incorporating into
the Treaty on European Union a section entirely devoted to
violence against and other abuse of minors ? WRITTEN QUESTION E-25 89 / 95

by Amedeo Amadeo ( NI )

to the Commission

Answer ( 27 September 1995 )

(8 March 1996 ) ( 96 / C 112 / 07 )

1 . The Council is aware of the problems posed by acts of
violence against minors . This particular form of violence,
which often takes the form of domestic violence, has not,
however, been dealt with in the Council .

2 . However, on a more general level, the Council shares
the Honourable Member's view that our democracies,
called upon to safeguard human rights and fundamental
freedoms, must give a clear response to the problems of
violence in civilized society . At this level, the Council has
adopted several decisions to combat acts of violence and to
stabilize internal security in the European Union . These
decisions concern inter alia :

— the creation of a European Police Office ( Europol
Convention of 26 July 1995 );

— the Europol Drugs Unit ( joint action of 10 March
19 95 );

— the internal and external threat represented by terrorism

for the Member States ( La Gomera Declaration of
23 November 1995 );

— racist and xenophobic phenomena ( study to be prepared

by the Consultative Commission on Racism and
Xenophobia on the feasibility of setting up a European
Monitoring Centre ; resolution of 5 October 1995 on the
fight against racism and xenophobia in the field of
employment and social affairs ; resolution of 23 October

1995 on the response of educational systems to the
problems of racism and xenophobia );

— and on police cooperation ( recommendations of

1 December 1994 on the exchange of information on the
occasion of major events or rallies and international
sporting events ).

In addition, the Council's subordinate bodies have been
instructed to propose measures to deal more effectively with
' urban violence ', to prevent and contain football violence
and to adapt police training to the needs of the current
situation and to increased transboundary cooperation .

3 . Finally, the seminars and conferences organized by
Member States ' Governments on police training with regard

Subject : Research activities

In connection with the funds which the European Union
allocated to research and development activities between

1991 and 1995, would the Commission state :

1 . the total appropriations transferred to Member States in

1991, 1992, 1993 and 1994 and, in particular, the
amount allocated to Italy during these years ;

2, who received the funds in Italy ( universities, research
institutes, small and medium-sized enterprises, big
business, etc .)?

Supplementary answer given by Mrs Cresson

on behalf of the Commission

( 19 january 1996 )

Since the answer to this question is lengthy and includes
several tables, it is being sent direct to the Honourable
Member and the Secretariat-General of Parliament as a

supplement to the answer given by the Commission on

11 October 1995 (').

A breakdown of research funds by country is likely to be
misleading since Community Research and Technological
Development ( RTD ) Funds are awarded not to individual
Member States and regional or local authorities but to
companies, universities and research centres established in
the Union which carry out RTD projects selected for
Community funding . This kind of breakdown also fails to
give any indication of the real benefits that companies,
universities and other organizations in the Member States
derive from Community RTD programmes . The main
benefit of taking part in the programmes is that each partner
has access to all the results of the project in which it is
involved, whatever its own financial contribution and
whatever funding it receives from the European
Community . A further important spin-off is the creation
and development of European research infrastructures such
as networks . A national breakdown of figures therefore at
best provides a rough indication of the level of interest and

No C 112 / 6 EN Official Journal of the European Communities 17 . 4 . 96

participation of nationals from the various Member States
in specific individual programmes .

(') O } No C 340, 18 . 12 . 1995, p . 46 .

WRITTEN QUESTION E-2686 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Council

(5 October 1995 )

( 96 / C 112 / 08 )

Suhiect : EU rôle in latest developments in Bosnia

Despite the provisional accord reached in Geneva on a
political settlement of the Bosnian crisis, despite the Bosnian
Serb leadership's agreement to withdraw its heavy weapons
from around Sarajevo on condition that the Serbs were
guaranteed security, despite the fact that NATO shells hit
the hospital at Ilitsa, killed seven children in Kljuc and at
least ten other civilians, NATO is persisting with its
bombardment and, for the first time in its history, is about to
use Tomahawk missiles on European territory .

1 . Since the informal Council of Foreign Ministers meeting
last weekend in Santander, Spain, did not even discuss
the use of Tomahawk missiles, who in the EU gave
approval for an escalation of the military involvement in
Bosnia ?

2 . Does the EU still exist as such, given that the White
House spokesman, T. Fetting, announced that the
decision to launch the Tomahawks from the American

cruiser was taken by President Clinton alone ?

3 . How long will the EU go along with the murderous
shelling in Bosnia as an instrument of the US presidential
election campaign ?

4 . Does the Council realize that NATO military forces are
not operating as a peace-keeping forçe but as a party to
the hostilities which is only targeting the Serbs ?

5 . Is the EU and its Member States paying the enormous
financial cost of the NATO strikes and what is the sum

involved ?

6 . What is the EU waiting for before it finds its own
independent voice and calls for an end to the
bombardment ? The total wrecking of the Bosnian

accord or even more dead civilians and destruction

brought about by the NATO raids ?

Answer

(8 March 1996 )

The Council would like to emphasize to the Honourable
Member that from the beginning of the conflicts in
ex-Yugoslavia, the EU has made continuing and unflagging
efforts to promote peaceful solutions . In this it has naturally
worked within the framework of United Nations Security
Council resolutions and in partnership with the
international community .

It was in accordance with UNSC resolutions that force has

been used in Bosnia-Herzegovina and it has undoubtedly
played an important part in bringing the parties to the
negotiating table, resulting in the agreements reached at
Dayton on 21 November 1995 . These agreements reached
under American leadership and with European
participation, notably that of the EU mediator Mr Carl
Bildt, in turn built on earlier European proposals for
solutions which the EU Council of Ministers discussed and

approved .

The Council believes that the Dayton Agreements and the
conferences which are being held after them provide a good
basis for peace and reconciliation in former Yugoslavia . The
European Union has called on the parties to cooperate fully
in the implementation of the Peace Agreement on Bosnia
and Herzegovina as well as the Basic Agreement on Eastern
Slavonia, Baranja and Western Sirmium . The Union is
determined to make a substantial contribution to the

implementation of both and to ensure full international
support for these objectives .

WRITTEN QUESTION E-2701 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Council

(5 October 1995 )

( 96 / C 112 / 09 )

Subject : Human rights in Peru

The leader of the ' Shining Path ' guerilla movement and the

Communist Party of Peru, Dr Abimael Guzman, has been
held in solitary confinement for the past three years ( since

12 September 1992, the date on which he was arrested ) in
the Callao naval base in Peru . He is seriously ill, and his life is
in danger . The Fujimori government is not allowing anyone
to visit him ( his relatives, his doctor or his lawyers ).

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 7

His lawyers, Alfredo Crespo and Jorge Cartagena, have
been sentenced to life imprisonment on charges of ' treason ',
simply for daring to act as his defence counsel ( they are being
held in squalid conditions in the notorious Puno prisons in
southern Peru ). The International Red Cross has estimated
that there are 4 200 political prisoners in Peru, while
Amnesty International ( in its latest report ) puts the figure at
6 000 .

What steps does the Council intend to take to ensure that,
irrespective of the crimes he has committed, Dr Guzman is
guaranteed the fundamental rights to which every prisoner
is entitled, such as an end to solitary confinement, the
provision of medical care and contact with his doctor,
lawyers, relatives and the media and, more generally, that all
political prisoners in Peru are treated humanely in
accordance with international laws and conventions ?

Answer

(7 March 1996 )

In accordance with the first paragraph of Article 176 of the
Treaty establishing the European Community, the Council
is currently examining the most appropriate way of
implementing the judgment of the Court of Justice of 5 July

1995 in Case C-21 / 94 within a reasonable period of
time .

WRITTEN QUESTION E-2 805 / 95

by Jesús Cabezón Alonso ( PSE )

to the Council

( 23 October 1995 )

Answer ( 96 / C 112 / 11 )

(7 March 1996 )

Subject : Appointments in the Committee of the Regions

The Honourable Member should refer to the reply which
the Council gave on 11 October 1995 to Oral Question
H-674 / 95 by Vassilis Ephremidis . In that reply the Council
reiterated its attachment to respect for human rights and
fundamental freedoms . However, the particular case raised
by the Honourable Member has not been brought before the
Council .

WRITTEN QUESTION E-2726 / 95

by Christoph Konrad ( PPE )

to the Council

(6 October 1995 )

( 96 / C 112 / 10 )

Subject : New version of Council Directive 93 / 89 / EEC of

25 October 1993 on taxes and tolls

Directive 93 / 89 / EEC C ) on the application by Member
States of taxes on certain vehicles used for the carriage of
goods by road and tolls and charges for the use of certain
infrastructures is null and void since it infringes the right of
participation of the European Parliament, but remains in
force until the Council issues a new Directive .

1 . What is the current state of work on the draft for a new

Directive ?

2 . When may we expect a proposal for a Directive from the

On what legal basis have the staff currently working in the
Committee of the Regions been employed ?

When does the Council think that a public competition shall

be called to fill the posts provided for in the Budget of the
Committee of the Regions in the proper manner ?

Answer

(8 March 1996 )

Article 29 of the Rules of Procedure of the Committee of the
Regions (') stipulates that the Bureau of the Committee,
acting on a proposal from the Secretary-General, shall
organize the General Secretariat in such a way that it can
ensure the efficient functioning of the Committee and its
constituent bodies . The powers conferred by the Staff
Regulations of Officials of the European Communities on
the appointing authority are exercised in accordance with
Article 31 of those Rules .

Under Article 31 the Secretary-General of the Committee of
the Regions is the appointing authority for officials in grades
6 to 8 of category A, LA staff and categories B, C and D. For
other officials the appointing authority is the Bureau of the
Committee of the Regions, acting on proposals from the
Secretary-General .

In view of the foregoing the Council is unable to inform the
Honourable Member of the date of publication of a notice
of competition to fill the posts provided for in the budget of
the Committee of the Regions .

Council ? (') OJ No L 132, 27 . 5 . 1994, p . 49 .

(>) OJ No L 279, 12 . 11 . 1993, p . 32 .

No C 112 / 8 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-2834 / 95

QUESTION E-2834 / 95 WRITTEN QUESTION E-2918 / 95

Gredler ( ELDR ) by Undine-Uta Bloch von Blottnitz ( V )

to the Council to the Commission

by Martina Gredler ( ELDR )

( 25 October 1995 )

to the Commission

( 26 October 1995 )

( 96 / C 112 / 12 ) ( 96 / C 112 / 13 )

Subject : Loss of United Kingdom entry permit in 1 996 by

three million Chinese in Hong Kong

In connection with the Schengen Agreement and its
anticipated extension to other territories, three million
Chinese holding British passports will ( as of 30 June 1996 )
no longer be entitled to enter the United Kingdom, after
Hong Kong reverts to the People's Republic of China .

What undertakings are being given by the EU to Hong Kong
concerning measures to resolve this problem after 30 June

199 6 ?

Will these three million Chinese nationals holding British
passports be refused entry, despite the fact that this would
constitute an infringement of the citizen's rights associated
with possession of a British passport ?

Will all EU Member States adopt the same position ?

Would recognition of ' dual nationality ' be conceivable as a
provisional solution ?

Answer

(8 March 1996 )

The question whether a person has the nationality of a
Member State is decided solely by reference to the national
legislation of the State concerned . This point is reiterated in
declaration No 2 made by the Conference of Heads of State
and of Government which adopted the TEU . It therefore
follows that the status of the Hong Kong Chinese habitants
who hold British passports is governed by the laws on
nationality in force in the United Kingdom .

As statutory provisions coming under United Kingdom
sovereignty are involved, the Member States of the
European Union are unable to adopt a common position on
the matter .

The resumption of Sovereignty by China will take place at
midnight on 30 June 1997 .

Subject : Air transport of nuclear fuels

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

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

2 . What is the Commission's opinion of the decision to

continue to allow MOX fuels to be air-freighted in type
B containers ?

3 . What technical regulations are at present applicable in

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

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

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

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

Supplementary answer given by Mr Papoutsis

on behalf of the Commission

( 22 January 1996 )

Further to its answer of 18 December 1995 ( ), the
Commission is now able to provide the following additional
information .

1 . The Commission takes part in the International Atomic
Energy Agency ( IAEA ) revision panels expressing the
common position for the Community .

2 . The proposed revision of the regulations introduces
provisions based on the inherent safety characteristics of
the materials categorized as low dispersible materials

( LDM ). These are defined in the standards with
reference to their performance criteria, such as

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 9

resistance to high speed impacts and long duration fire
environment .

When fresh ( or unirradiated ) mixed oxide ( MOX ) fuels
satisfy the performance criteria of LDM and can be
qualified as such, they may be transported in
appropriate type B packages by air transport . To the
Commission's knowledge however no materials,
including fresh MOX fuel, have yet been tested, and thus
approved to the proposed conditions .

3 . The current technical requirements for safe transport
are given in the different transport mode regulations

( road, rail, sea and air ) all based on the IAEA 1985
edition ( safety series 6 amended in 1990 ). For air
transport, the present requirements are given under class
7, radioactive material, of the International Civil
Aviation Organization ( ICAO ) technical instructions
for the safe transport of dangerous goods by air ( 2 ). Air
transport remains limited and reserved to deliveries
appropriate for this mode of transport in full
compliance with the requirements of the regulations .
The authorities of the countries involved have to

approve the shipments of nuclear fuel . Moreover the
consignor has to possess and notify all the required
documents before making any shipment .

4 . The Community does not perform research projects
related to safety in the air transport of nuclear
materials .

5 . The provisions on nuclear safeguard controls in Chapter
VII of the Euratom Treaty, as well as the requirements
on physical protection of nuclear material applied by the
Member States, make specific data confidential and not
suitable for publication .

However, the following table gives an illustration of the
extent to which Member States have been involved in air

transport .

Number of air shipments in the Community (')

Member States 1993 1994

Belgium 0 1

Germany 51 43

Spain 0 1

France 30 22

United Kingdom ( 2 ) 0 2

Sweden 4 1

(') Including import, export and transit, excluding the transports of small

quantities as samples, generally smaller than 15 g of nuclear material .

( 2 ) Shipments of BNFL only .

(') OJ No C 91, 27 . 3 . 1996, p . 18 .

( 2 ) Doc . 9284-AN / 905 — 1993 / 1994 edition .

WRITTEN QUESTION E-2930 / 95

by Jessica Larive ( ELDR )

to the Commission

( 27 October 1995 )

( 96 / C 112 / 14

Subject : Allocation of appropriations to the Gutenberg

programme to promote books and reading

Following the Larive report ( A3-159 / 92 ) (') the European
Parliament has introduced a new budget line, B3-2004, to
encourage books and reading — the Gutenberg

programme .

In its answer of 31 October 1994 to my Written Question
E-1923 / 94 ( 2 ), the Commission gave a breakdown of the
budget of ECU 200 000 for the year 1994 .

1 . Can the Commission provide precise details of how the
ECU 500 000 for 1995 was spent ?

2 . Can the Commission confirm whether allocation of this

sum took adequate account of the wishes of the
European Parliament, as set out in the Larive report

( A3-159 / 92 )?

3 . Can the Commission state when it expects the legal basis
to be created for the Gutenberg programme which
appeared in the Official Journal of the European
Communities back in 1 993 and which was included in

the budget for 1994 and 1995 ?

(') OJ No C 42, 15 . 2 . 1993, p. 182 .

( 2 ) OJ No C 30, 6 . 2 . 1995, p. 35 .

Answer given by Mr Oreja
on behalf of the Commission

( 22 January 1996 )

1 . The Commission used the ECU 500 000 allocated in

1995 for measures to promote books and reading as
follows :

( ECU )

Pilot projects granting financial aid for
translations of contemporary literary works 330 000

Scholarships and travel grants for courses in
translation colleges 360 000

Aristeion prize ( European prize for literature and
prize for translation ) 300 000

Thematic meetings : Meeting of department heads
responsible for books and reading ( in cooperation
with Spanish presidency ) 25 000

Total 1 015 000

No C 112 / 10 EN Official Journal of the European Communities 17 . 4 . 96

A total of ECU 1 015 000 has been allocated to projects for
books and reading : ECU 500 000 is entered under budget
item B3-2004 ' Books and reading — Gutenberg
programme ', and the remainder under item B3-2001
' Measures to encourage cultural initiatives in connection
with European influence '.

2 . In the framework of its cultural action the

Commission confirms that Parliament's wishes as expressed
in particular in its resolution A3-1 59 / 92 have been taken
into account, where they comply with Article 128 of the EC
Treaty and bearing in mind the limited budget available .

3 . The Commission would remind the Honourable

Member that Article 128 of the EC Treaty is the legal basis
for cultural action by the Community . With respect to the
creation of a Gutenberg programme, the Commission
recalls that it has already put forward proposals in the area
of books and reading in its Ariane proposal . This proposal
received strong support from Parliament and most of its
amendments have been incorporated in the Commission's
amended proposal . The proposal, which is still under
discussion in the institutions, is designed, in accordance
with Parliament's wishes, to expand and step up
Community action to promote books and reading .

The Commission has launched consultations in the area of

books and reading with a view to starting preparation of a
more ambitious programme . The first meeting was attended
by department heads responsible for books and reading in
the Member States, representatives of Parliament and the
Council of Europe and was organized jointly by the Spanish
presidency and the Commission . It identified specific topics,
such as libraries, electronic publishing, translation and
promotion of books which will be the subject of specific
consultations .

WRITTEN QUESTION E-2937 / 95

by Jesús Cabezón Alonso ( PSE )

to the Council

( 27 October 1995 )

( 96 / C 112 / 15 )

Subject : Committee of the Regions

Has Mr Juan Hormachea Cazôn, former President of the
Autonomous Region of Cantabria ( Spain ), resigned as
member of the Committee of the Regions, since he is
disqualified from holding public office as a result of a final
judgment by the Spanish courts ?

If he has, on what date did he submit his resignation ?

Answer

(7 March 1996 )

By letter dated 4 October 1995 Mr Juan Hormaechea Cazôn
submitted his resignation as a member of the Committee of
the Regions .

In accordance with Article 198a of the Treaty establishing
the European Community, the Council of the European
Union decided, on 30 October 199 5, to appoint Mr Joaquin
Martinez Sieso, current President of the Diputaciôn
Regional de Cantabria, a member of the Committee in place
of Mr Juan Hormaechea Cazôn ( Council Decision
95 / 462 / EC of 30 October 1995 ( M ).

(') OJ No L 267, 9 . 11 . 1995, p . 40 .

WRITTEN QUESTION E-2939 / 95

by Cristiana Muscardini ( NI )

to the Commission

( 27 October 1995 )

( 96 / C 112 / 16 )

Subject : Natural disasters and Community aid

The floods last year in Piedmont and Lombardy and the
more recent ones in September this year, which devastated a
number of provinces in those regions have clearly
demonstrated the shortcomings of the aid, subsidies and
loans granted and paid out by the Community . Commercial
businesses, which together with manufacturing companies
were the hardest hit by the floods, are excluded from
benefiting from such aid . In view of the damage sustained
and the impossibility of making the necessary investments to
resume their activities, businessmen and their customers are
becoming increasingly discontented and angry, faced with
this incomprehensible discrimination against them,
although it is based on rules which usually give priority to
industry and the distribution network .

Does the Commission not think that it should submit

proposals to include the retail sector when emergency aid is
being provided for the populations affected by natural
disasters ?

Does the Commission not consider that it should reconsider

its traditional philosophy which gives priority to large and
very large-scale distribution ?

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 11

Answer given by Mr Santer
on behalf of the Commission

( 23 January 1996 )

The Community's immediate response to disasters of the
type that affected Piedmont and Lombardy at the end of

1994 comes under budget item B4-3400 ' Aid to disaster
victims in the Community ', which is intended as a concrete
display of Community solidarity . Owing to the budgetary
limitations on this item, priority is given to immediate
emergency relief operations for the most severely affected or
disadvantaged people . Given the humanitarian and
symbolic nature of the aid, it is not available for repairing
material damage or providing compensation for losses
sustained . Extending the aid to cover business and
manufacturing concerns would only be possible in the form
of special operations using different budgetary resources . In
the case in hand, the Commission did not feel that this was
justified, given the provision made by the Italian
Government to assist the affected areas .

However, certain areas of Piedmont and Lombardy hit by
floods may now be eligible for financial assistance under
Objectives 2 and 5b . Aid for the distributive trade and small
business may be granted under Structural Fund programmes
in these areas, provided that it is compatible with the
strategy adopted for Objectives 2 and 5b .

In addition, the European Investment Bank may finance
major investment projects through specific loans as well as
small and medium-scale projects through global loans
concluded with banks and financial institutions . In May

1995 the EIB signed an agreement with four banks for the
provision of the first tranche of a global loan of Lit 1 200
billion to restore infrastructure and installations damaged
by the floods in the north of Italy in 1994 . In July 1995 the
Board of Directors of the EIB extended its eligibility criteria
to cover financing, particularly in the form of global loans,
for fixed-capital medium and long-term investments for
small traders and other private consumer services .

WRITTEN QUESTION E-2946 / 95

by Christine Crawley ( PSE )

executed by a United Arab Emirates Court for killing her
employer after he had brutally raped her ? In a previous trial,
a UAE court had awarded Sarah compensation for the rape
but had also sentenced her to seven years in prison for
manslaughter : the second court's death sentence is thus a
reversal of the rape evidence of the first trial . What action
can the Council take to stop the UAE from carrying out this
inhumane sentence ?

Answer

(7 March 1996 )

The Council is aware of the case of Sarah Balabagan . In July

1994 she stabbed her employer to death, apparently after he
had raped her at knifepoint . In June 1995 the court in the
United Arab Emirates accepted medical evidence that she
had been raped and awarded her damages . But it also found
her guilty of manslaughter and sentenced her to seven years
in prison . After expressions of international concern at the
severity of the sentence, Mrs Balabagan was retried in
September 1995 . On this occasion the Court refused to
accept medical evidence of rape and found her guilty of
murder . She was sentenced to death . Her lawyer
appealed .

On 14 October the family of the victim dropped its demand
for the death penalty . At the appeal hearing on 30 October,
the Court confirmed the manslaughter verdict but, in the
light of intervening developments, changed the sentence to
one year's imprisonment, 100 lashes and deportation .

The UAE are well aware of the international concern over
Sarah Balabagan . The judicial process has still not been
exhausted and the Council will continue to follow the case
closely and keep in touch with the parties concerned .

WRITTEN QUESTION E-2958 / 95

by Thomas Megahy ( PSE )

to the Commission

(9 November 1995 )

to the Council ( 961 C 112 / 18 )

( 13 November 1995 )

96 / C 112 / 17 )

Subject : Cohésion Fund

Subiect : Sarah Balabagan Can the Commission confirm or deny the statement made in
the UK newspaper The Guardian, on 4 October 1995, that
only 10% of Cohesion Fund transport money has been
Is the Council aware that a 15-year-old Filipino domestic spent on rail projects, that the biggest single portion of
worker, Sarah Balabagan has recently been sentenced to be environmental money has been spent on dam construction,

No C 112 / 12 EN Official Journal of the European Communities 17 . 4 . 96

and that only 4 % has gone on nature conservation projects,
and that environmental considerations are generally being
ignored ?

If this is the case, could the Commission explain why its own
stated priorities appear to be being overlooked ? If it is not,
could the Commission give detailed facts and figures which
refute these allegations ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

because of the small number of users relative to the services

offered — is neither the cleanest mode of transport nor the
most economically viable since road transport in these
circumstances is better suited to private users ' needs .

With regard to nature conservation, systematic controls in
the form of environmental impact studies are carried out on
receipt of financing applications by the Commission .

(3 January 1996 )
WRITTEN QUESTION E-3008 / 95

by Amedeo Amadeo ( NI )

The information given is not correct as regards the
allocation of resources committed by the Cohesion Fund for
the transport and environment sectors ; in 1994
approximately 15 % of Cohesion Fund money was spent on
rail projects, with 32 % going to road projects . With regard
to the environment, only 1 % was spent on dams and 7 %
was allocated to nature conservation .

Under the Regulation establishing both the Cohesion
Financial Instrument and the Cohesion Fund, no allocation
is specified in respect of the transport and environment
sectors . The only objective specified is an appropriate
balance between transport and the environment . This being
so, Member States have presented projects according to
their own priorities at the time . Any project that has met the
eligibility criteria for financing from the Cohesion Fund has
not been turned down .

The Commission has, however, repeatedly emphasized to
the national authorities, on numerous visits to the Member
States concerned, the need to maintain a balance between
the various sectors and to evaluate the environmental

impact of projects .

It has, moreover, been at pains to ensure that its priorities
are observed . In the case of transport, it has ensured that all
projects fall within the scope of the trans-European
networks and access to them . In the case of the environment,
and in accordance with the fifth Community action
programme for sustainable development, the Commission
has set out a number of priorities with a view to enforcing
stricter compliance with environmental Directives,
particularly in the sphere of drinking water supply and the
treatment of sewage and waste .

This said, the Commission is aware of the imbalance in
favour of roads to the detriment of rail . Measures have

already been taken and are being taken to restore a balance
between the two sectors . The Commission did in fact set

aside an entire day in June devoted to publicizing rail
transport, thereby ensuring that the interested authorities in
the Member States concerned by the Cohesion Fund were
fully informed .

One interesting fact to note is that, in large sparsely
populated areas in certain Member States, rail transport —

to the Commission

( 13 November 199 S )

( 96 / C 112 / 19

Subject : Pesticides in agriculture

According to the World Health Organization,
approximately three million people a year contract acute
pesticide poisoning, and some 20 000 die as a result of the
condition . The victims are mostly farm workers exposed to
toxic or carcinogenic substances, or consumers who have
been contaminated by residues in foodstuffs or
drinking-water . It is therefore clear that the consequences of
using pesticides in agriculture entail too high a price in terms
of health .

In the light of the foregoing :

1 . Will the Commission seek to devise alternative

solutions, proceeding from the principle of genuine
sustainable development of agriculture aimed at
reducing dependence on intensive farming ?

2 . Will it impose limits on the recommended pesticides
specified in the fifth Community programme on the
environment ?

3 . Will it discourage protection by means of agrochemicals

and instead call for land to be set aside ?

Supplementary answer given by Mr Fischler

on behalf of the Commission

( 24 January 1996 )

Further to its answer of 11 December 1995 ( ), the
Commission is now able to provide the following additional
information .

The Commission has not obtained World Health

Organization confirmation that the figures mentioned by
the Honourable Member represent a fair estimate of the

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 13

number of poisonings from pesticide use . As these figures
have been obtained by extrapolation of certain local data, in
particular in developing countries, they would appear not
representative for the situation in the Community .
Moreover the Commission report of 31 August 1 995,
analysing and synthesizing the annual reports for 1993 of
the poison centres in the Member States ( 2 ), indicates that
the number of poisonings from pesticide use is significantly
lower than those from other product categories, such as
pharmaceuticals and products intended for general public
use ( household products ).

The Commission recognises that use of plant protection
products may involve risks for humans and the
environment, just as other human activities do . At the same
time however these products are essential in agriculture to
ensure security of crop supplies at reasonable prices and
high quality, and to keep crop production in the Community
competitive with production in other parts of the world . To
evaluate the risks from plant protection products and
residues the placing on the market and use of these products
has been regulated by both the Community and Member
States .

The Commission, in its 1991 reflection paper on the
development and future of the common agricultural policy,
recognised the need to encourage extensification in order
not only to reduce surplus production but also to contribute
to environmentally sustainable agricultural production and
food quality . In this context a financial aid regime has been
developed in Regulation ( EEC ) No 2078 / 92 ( 3 ) in favour of
practices favourable to the environment, including in
particular restrictions on pesticide use . Organic farming
been protected in the framework of Regulation ( EEC )
No 2092 / 91 ( 4 ). The Commission also proposed measures
encouraging environmentally favourable practices in its
proposal to review the common market organization for
fruit and vegetables ( 5 ).

In the framework of the fifth environment programme, the
Commission is undertaking a study on the development and
evaluation of further strategies for a possible future plant
protection product policy, exploring especially further
possibilities for reduction of risk from plant protection
products by addressing a broader range of instruments and
taking into account the polluter pays principle .

Reducing the authorized amounts of plant protection
products does not seem a viable alternative to the current
regime of fallowing land . Community legislation is based on
the principle that the authorized amounts of plant
protection products, in terms of rates and number of
applications, are the minimum required to achieve the
desired plant protection effects . Reduction of these amounts
would not only lead to uncontrolled yield reductions but
also to undesired side-effects, such as resistance
development . The safety of all pesticide active substances
with regard to the current human health and environmental

safety standards is currently under review in the framework
of Directive 91 / 414 / EEC ( 6 ).

(') OJ No C 40, 12 . 2 . 1996, p . 57 .

( 2 ) Poison centres : collection of the annual reports 1993 . Analysis

and synthesis . Commission, Directorate-General for
Employment, Industrial Relations and Social Affairs, Health
and Safety .
C ) OJ No L 215, 30 . 7 . 1992 .

( 4 ) OJ No L 198, 22 . 7 . 1991 .

( 5 ) COM(95 ) 434 final .

( 6 ) OJ No L 230, 19 . 8 . 1991 .

WRITTEN QUESTION E-3014 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 13 November 1995 )

( 96 / C 112 / 20 )

Subject : EU legislation on motor vehicle emissions —

Horizon 2000

The Commission has until 31 December 1995 to present to
Parliament its proposal for the ' Horizon 2000 measures ' for
motor vehicles and small commercial vehicles .

1 . Will the Commission be able to respect this deadline ?

2 . Is the Commission preparing a joint ' Horizon 2000 '
proposal for private cars and small commercial
vehicles ?

3 . Will the Commission take into account in full the

emission limit values called for by Parliament ?

WRITTEN QUESTION P-3294 / 95

by Bernd Lange ( PSE )

to the Commission

(1 December 1995 )

( 96 / C 112 / 21 )

Subject : Future and necessary European provisions to

combat air pollution from emissions from cars and
light commercial vehicles, to enter into force in the
year 2000

In his reply of 8 February 1995 to Written Question
P-2876 / 94 ( J ), Mr Martin Bangemann confirmed that the
Commission intended to submit to the Council and the

European Parliament in the third quarter of 1995 a proposal
on measures relating to cars, to enter into force in the year
2000 .

No C 112 / 14 EN Official Journal of the European Communities 17 . 4 . 96

On 20 September 1 995 the European Parliament considered
Commission proposal ( 2 ) at first reading . In the amended
version of Article 4 of the proposal for a Directive to reduce
emissions from light commercial vehicles, it called upon the
Commission to submit by 31 December 1995 proposals not
only concerning cars as from the year 2000 but also
concerning light commercial vehicles as from the same

year .

In addition, the European Parliament called on the
Commission in its resolution A4-1 88 / 95 of 21 September
1995 to submit forthwith a common proposal for cars and
light commercial vehicles to become effective in the year
2000 .

1 . Why was it not possible to comply with the original

deadline ( the third quarter of 1995 )?

2 . Can the Commission confirm that it will comply with
the deadline of 31 December 1995 ?

3 . Will the Commission submit to the Council and the

European Parliament a common proposal for cars and
light commercial vehicles, to become effective in the year
2000 ?

(') OJ No C 88, 10 . 4 . 1995, p . 45 .

Directives that constitute the ' Horizon 2000 ' for those two

categories . The intention is thus initially to propose forms of
action solely on passenger cars . Another proposal
concerning commercial vehicles will be sent on before the
end of 1996 . The intervening period will be used in order to
overcome the technical and administrative difficulties

caused by such vehicles .

The air-quality study carried out under the Auto / Oil
Programme showed that light commercial vehicles made a
major contribution to pollution in towns . It is thus
important that a decision should be taken quickly on the

1996 milestone in the reduction of emissions for this

category of vehicles, which should improve air quality
significantly .

Finally, in response to repeated requests, the Commission
shortly intends to meet those Honourable Members who are
interested in the action intended for Horizon 2000 in order

to exchange information . A meeting could be held in
January 19 96 .

( 2 ) COM(94 ) 558 — OJ No C 390, 31 . 12 . 1994, p . 26 . WRITTEN QUESTION E-3015 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

( 13 November 1995 )

Joint answer to Written Questions

E-3014 / 95 and P-3294 / 95 ( 96 / C 112 / 22 )

E-3014 / 95 and P-3294 / 95

given by Mr Bangemann
on behalf of the Commission

( 15 January 1 996 ) Subject : Fusion and renewable energy sources

The Commission is able to confirm and update the
information given to the Members of Parliament during
specific meetings in January and September 1995, and on
other occasions, on the future proposals concerning
Horizon 2000 for the regulations on vehicle emissions .

The future Commission proposal will take account of the
outcome of the Auto / Oil Programme which was an
ambitious, new venture requiring input from multiple
activities . The aim of this programme was to devise a
multi-directional, rational strategy in order to achieve the
air-quality targets . This programme has now come to an end
and produced satisfactory results . It will enable the
Commission to put proposals forward very shortly .

The strategies assessed are multi-directional . They cover,
among other things, passenger cars and light commercial
vehicles as in the proposal for a Directive amending
Directive 70 / 220 / EEC on the approximation of the laws of
the Member States relating to action to be taken against air
pollution by motor vehicles . It is not the Commission's
intention simultaneously to put forward the proposals for

In adopting the Van Welzen report on the Commission
Green Paper on energy policy ( A4-212 / 95 ) a substantial
majority of MEPs supported the idea that the Union should
allocate as much funding to renewable energy sources as to
thermonuclear fusion . This justifiable view has recently
received support from an editorial in The Economist, which
states that it is no longer ' charmed by nuclear power . . . as it
was a decade ago ' f 1 ) for which reason ' the billions rich
countries each year pump into nuclear research would be
better spent on renewables instead '.

0 ) 7 — 13 October 1995 issue, p . 15 .

Answer given by Mrs Cresson

on behalf of the Commission

( 23 January 1996 )

The fourth framework programme of research and
technological development ( Decision No 1110 / 94 / EC ) i 1 )

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 15

and the 1994 — 1998 framework programme of research for
the European Atomic Energy Community ( Decision
94 / 268 / Euratom ) ( 2 ) set out all the research activities in the
field of non-nuclear energies, safety of nuclear fission and
controlled thermonuclear fusion . These activities are based

on a set of criteria consistent with Community technology,
energy and environment policy, as well as economic and
social cohesion . They include the criteria adopted in the
Green Paper ' For a European Union energy policy ' C )
namely long-term security of supply, industrial
competitiveness and the protection of the environment . In
that connection, Parliament's resolution stresses the
justification of the need to support all forms of energy .

It is difficult to compare Community budget contributions
allocated to fusion and renewable energies . The first is an
integrated programme covering all Community fusion
activities . Joint funding of the activity represents some 45 %
of the total budget .

In the second case, the Community programme is only part
of the Member States ' activities which, though substantial,
are not comparable with fusion . Note, however, that they
account for 60 % of the research and development part of
the budget for the non-nuclear energy programme, an
increase of 50 % in relation to the previous programme .

Moreover, the type of public funding for research into one
or another form of energy depends not only on the scope of
the research concerned, but also on the lead time until it can
compete on the energy market . In the present instance, there
is a considerable difference between fusion and renewable

energies as far as these factors are concerned .

The Commission would point out that, in accordance with
the undertakings made pursuant to Article 4 of Council
Decision 94 / 799 / Euratom of 8 December 1994 adopting a
specific programme in the field of controlled thermonuclear
fusion ( 4 ), the Commission will have an external assessment
of the activities carried out as soon as is feasible and, in any
event, before firm decisions are made regarding the
construction of the experimental Next Step reactor and the
funds that have to be committed for that purpose . The
external assessment by independent experts will cover all
relevant aspects including scientific, technical,
environmental, socio-economic and financial issues . The
assessment report will be forwarded to Parliament as soon
as it is available .

In 1996 the Commission plans to prepare a strategy for
action in the field of research on renewable energies, and
also for bringing them to the marketplace .

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

( 2 ) OJ No L 115, 6 . 5 . 1994 .

( 3 ) COM(94 ) 659 final .

( 4 ) OJ No L 331, 21 . 12 . 1994 .

WRITTEN QUESTION E-3017 / 95

by Carlos Robles Piquer ( PPE )

to the Council

( 15 November 1995 )

( 96 / C 112 / 23 .

Subject : Chechenia and mediation by President
Nazarbayev

In recent weeks there has been less news than previously of
the war in Chechenia, a place which has been called 'a
Bosnia with nuclear weapons '. In view of the fact that the
West — primarily the EU and the USA — has not activiely
mediated in the conflict it would be interesting to know
whether or not the Council is still bearing in mind the offer
made at the end of 1994 by the President of Kazakhstan . A
reliable observer ( Susan Eisenhower, Head of the North
American Centre for Post-Soviet Studies ) asserted in
January of this year that Nazarbayev was the ideal person

for the job since there are Chechens in his country and he is
respected in Moscow, Washington and the Islamic
world (').

Can the Council provide any information on this matter ?

(') The Washington Post, 15 January 1995 .

Answer

(7 March 1996 )

The European Union has made its position abundantly
clear, since the beginning of the crisis in Chechnya, within
international organizations, in bilateral talks ( including
demarches ) and through the publication of declarations on
behalf of the Union .

The Council has taken every opportunity to convey its views
on the measures to be taken immediately to resolve the crisis
in Chechnya . These include :

— the establishment of a cease-fire :

— genuine negotiations between the parties on a solution to

the crisis ;

— the acceptance of assistance from the OSCE ;

— the effective distribution of humanitarian aid .

The Council has successfully employed the other means
available to it to underline that message .

The Council is continuing to monitor the situation in

Chechnya and entirely supports the action of the OSCE . It
will not hesitate to make the Union's position known if the
situation so requires . Accordingly, on 18 January 1996, the
Presidency made a public declaration in connection with
events in Pervomaiskoe ( M.

No C 112 / 16 EN Official Journal of the European Communities 17 . 4 . 96

Mediation by a third party as referred to by the Honourable
Member must necessarily, in the Council's view, be sought
and accepted by the parties to the crisis in Chechnya .

(') See press release 4153 / 96 .

WRITTEN QUESTION E-3026 / 95

by Martin Schulz ( PSE )

to the Council

( 15 November 1995 )

( 96 / C 112 / 24 )

Subject : Mr Aboul-Kata

1 . Is the Council aware that, in spite of commitments
undertaken in the EU-Syria Cooperation Agreement to
improve its human rights situation, the Arab Republic of
Syria kidnapped the German national Mr Ali Mahmoud
Aboul-Kata in Lebanon and has been holding him in
custody for three years ?

2 . Is the Council prepared to support the efforts of Mr
Hànsch, President of Parliament, Mr Rau, Prime Minister of
North Rhine-Westphalia, the German Foreign Ministry and
Members of the German Bundestag and the European
Parliament by bringing pressure to bear on the Syrian State
in order to obtain information about the fate of Mr Ali

Mahmoud Aboul-Kata and secure his release or ensure that

he receives a fair trial ?

3 . Is the Council prepared to make fundamental changes
to its policy towards Syria, given that the human rights
situation there has not improved in spite of the Cooperation
Agreement and that an EU citizen has been imprisoned
without being charged and without any reason being given
and is being tortured ?

Syria and that he has been subjected to torture . It supports
all efforts to obtain accurate information about him and

secure his freedom or a fair and timely trial .

The European Union regularly raises the question of human
rights in various countries including Syria . It also raises the
issue whenever the opportunity arises in Euro-Syrian
contacts . The human rights situation in Syria was raised
during political discussions with the Syrian Foreign
Minister, Mr Farouk Al-Shara, following the formal session
of the EC-Syria Cooperation Council on 28 November

1 994 . In his response, Mr A1 Shara noted that Syria's human
rights record compared favourably with many of its
neighbours, although he did not claim that Syria had a
perfect record . Since then, there has been a significant
number of releases of political prisoners, although Syria still
has a long way to go to meet the requirements of the
international community .

In the context of the Euro-Mediterranean Partnership, Syria
has committed itself to compliance with all the relevant
international instruments, respect for human rights and
fundamental freedoms and the effective legitimate exercise
of such rights and freedoms . The European Union will take
full account of Syria's compliance with these obligations in
the development of its bilateral relations .

WRITTEN QUESTION E-3029 / 95

by Wolfgang Nutëbaumer ( NI )

to the Commission

( 13 November 1995 )

( 96 / C 112 / 25 )

Answer Subject : Infrastructure for sports facilities

(8 March 1996 )

The Council understands that, according to the Syrian
authorities, Mr Ali Mahmoud Aboul-Kata, a dual
Lebanese-German citizen, was detained on 11 December

1993 on charges of spying . On 30 July 1995 his case was
referred to the military district attorney for further
investigation . The Syrian authorities confirm that Mr
Aboul-Kata has not yet been brought to trial, but insist that
he is being treated fairly .

The Council is, however, concerned by reports that Mr
Aboul-Kata has had no access to legal representation in

The provision of sports facilities forms an important part of
health policy in the Member States . For this reason the
Member States have long provided infrastructures to enable
people to participate in sporting activities . These State ( and
private ) measures are also in the interest of the EU since they
have positive implications for health policy .

In Vorarlberg ( Austria ) access to a football pitch has
recently been blocked by a rock fall . Since it is impossible for
safety reasons to create any alternative access, the whole
football pitch will have to be relaid .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 17

1 . Is EU support available for the creation of infrastructure
for sports facilities ?

2 . If so, up to what percentage of the total costs does such
support cover ?

Answer given by Mr Oreja
on behalf of the Commission

( 22 January 1996 )

The Commission launched in October 1994 the pilot phase
of a new programme, Eurathlon, designed to provide a
framework for Community subsidies for sports . The
programme aims to contribute to a better understanding
and sense of solidarity between European citizens through
participation in sports events and to promote the role that
sports can play in improving health and encouraging social
and economic integration . It is not designed for the creation
or maintenance of infrastructure for sports facilities .

Although sports infrastructure has not been targeted as a
recipient of money from the Structural Funds, it can
sometimes benefit, either directly or indirectly, from
Community funding . To the extent that sports-related
activities or infrastructure contribute to the objectives of
economic developments, they may be eligible for funding
from the Structural Funds . In particular sports-related
projects should explore opportunities under programmes
which promote activity tourism and regeneration of urban
areas . Sports-related projects need to strive to slot into plans
to develop tourism and urban areas .

The decision to allocate grants under the Structural Funds to
specific projects lies with the Member State rather than the
Commission and any applications or inquiries need to be
targeted at the various authorities in the Member States .
Given different national and regional development priorities
and policies, project eligibility varies from region to region .
To secure Community finance, projects need to be
co-financed either by Member States or by the sports
organizations which stand to benefit .

The Structural Funds also provide money for projects which
improve access to certain less favoured areas . Sports
facilities in these areas will benefit indirectly from this form
of Community funding . For example, the Structural Funds
contributed to the improvements made to road transport
facilities around Barcelona in preparation for the 1992
summer Olympics .

WRITTEN QUESTION E-3034 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 15 November 1995 )

( 96 / C 112 / 26 )

Subject : ICRP-60 radiation protection standards —
Euratom basic standards

In 1990 new standards in the field of radiation protection
were proposed in ICRP Publication 60 . These standards
were incorporated into the amended proposal for a Council
Directive laying down the basic safety standards for the
protection of the health of workers and the general public
against the dangers arising from ionizing radiation f 1 ).

1 . What timetable does the Commission envisage for the

adoption of the above Directive ?

2 . What time limits will be laid down for transposing the

radiation protection standards defined in the Directive
into national law ?

3 . Once the Directive has been adopted, what dose rate will
apply in relation to neutron radiation on the surface of
castor flasks ?

(M OJ No C 245, 9 . 9 . 1993, p . 5 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 January 1996 )

The Commission duly presented, in July 1993, a proposal
for a Directive aimed at protecting the health of workers and
the general public against the dangers arising from ionizing
radiation . This proposal takes account of the
recommendations made by the International Commission
on Radiological Protection published in 1990 . The proposal
was amended in July 1994 after Parliament had issued its
opinion (* ).

The Commission is pleased to announce that the Council's
consideration of this proposal is drawing to a close .

While the adopted text has retained the essential concepts

and criteria of the Commission's proposal, some provisions
have been amended, in particular the provision concerning
the transposition of the Directive into national law . As
several Member States declared that this new Directive

would entail a heavy legislative burden, the Council finally
decided to allow four years for transposition .

With regard to the criteria applicable to transport flasks of
the Castor type, this Directive, like the one currently in force

( 80 / 836 / Euratom ) ( 2 ), contains no specific provisions . As
the transport of radioactive substances is one of the
activities covered by the Directive, the general provisions
relating to this question are to be applied .

No C 112 / 18 EN Official Journal of the European Communities 17 . 4 . 96

Castor flasks do in any case meet the criteria established by
the international regulations governing the transport of
radioactive materials which are currently in force .
According to information gathered by the Commission, an
examination is taking place to check whether containers of
this type will continue to meet these criteria when the new
weighting factors introduced for neutron radiation are
taken into consideration .

(') OJ No C 224, 12 . 8 . 1994 .

( 2 ) OJ No L 246, 17 . 9 . 1980 .

WRITTEN QUESTION E-3041 / 95

by Gerardo Fernandez      - Albor ( PPE )

to the Council

( 15 November 1995 )

( 96 / C 112 / 27 )

Subject : The effects of the embargo against Iraq on the

population of that country

According to unofficial data, since the beginning of the
embargo imposed by the United Nations in August 1990,
520 000 Iraqis have died because of a shortage of food and
medicines, 195 000 of whom were under five years old . In

1994, 52 905 children under five died, which is seven and a
half times more than in the year before the embargo, and

14 308 of them died during the first three months of the
year . Furthermore, diseases which had been eradicated have
reappeared and the production of drinking water has been
reduced to one-fifth of what it was before .

These data highlight the need to be fully aware of the
consequences of the embargo, regardless of the political
reasons for it, and to realize what the effects are on the Iraqi
population, most of whom were uninvolved in the political
issues .

Can the Council say what exactly the European Union's
position is with regard to the embargo and what measures
have been or could be taken to mitigate its effects on the
Iraqi population, which is suffering as a result ?

Answer

(8 March 1996 )

The Council is conscious of the suffering of the Iraqi people .
But the cause of their suffering does not lie with the United
Nations Security Council or the international community .
The importation of medical supplies and basic foodstuffs
into Iraq is not prohibited by UN sanctions and the Iraqi
Government could improve the conditions in which its
people are living . The Council deplores the Iraqi
Government decision in October 1993 to reject the UN's

offer — under UN Security Council Resolutions 706 and
712 — to allow the limited export of oil in return for
humanitarian supplies . The UN Secretary General estimated
that over $ US 930 million could be available for aid
programmes if Iraq agreed to implement Resolution 706
and 712 .

Moreover, the Council fully supports Security Council
Resolution 98 6, which also allows Iraq to export some oil in
return for humanitarian goods . It was designed to alleviate
suffering without representing a relaxation of the sanctions
regime . The Council condemns Iraq for rejecting the scheme
so rapidly and will continue to put pressure on Iraq to
implement Resolutions 706, 712 and 986 and make the
provision of aid a higher priority .

The Council is also concerned by Iraq's failure to reach an
agreement with the Government of Turkey over the flushing
of the oil pipeline between the two countries . Concluding a
deal that meets with the approval of the United Nations
would release considerable funds for aid projects
throughout Iraq .

WRITTEN QUESTION E-3047 / 95

by Gianni Tamino ( V ), Carlo Ripa di Meana ( V ),
Maria Aglietta ( V ), Leoluca Orlando ( V ), Paul Lannoye ( V ),

Nel van Dijk ( V ) and Francesco Baldarelli ( PSE )

to the Council

( 15 November 1995 )

( 96 / C 112 / 28 )

Subject : French attacks on a Dutch environmental
campaigners ' ship in the Italian port of Brindisi

At 8.40 a.m . on 25 October 1995, in the Italian port of
Brindisi, French soldiers from the warship ' Dupleix '
stormed and damaged the Greenpeace ship ' Altair ' which
was demonstrating peacefully against the nuclear tests .

Using an axe, the French soldiers breached the ship's stern
bulkhead twice and damaged the rudder . After throwing
tear-gas bombs, they took away the crew and the captain,
seized control of the ship, put the engines into reverse and
abandoned the ship, leaving it to drift in the harbour .

This action by the French military was carried out in an
Italian port, in Italian territorial waters, in violation of
national sovereignty, and was directed at a ship flying the
Dutch flag .

The act of ' piracy ' by the French soldiers jeopardized safety
in the harbour : the Dutch ship was deliberately left to drift
by the French, creating a very hazardous situation for three
Italian boats which were in danger of colliding with the

17 . 4 . 96 LËN Official Journal of the European Communities No C 112 / 19

' Altair ' ( which then repeatedly slammed into the quay ), and
an American citizen (a member of the crew ) sustained
serious bruising and the loss of a tooth .

What measures does the Council intend to take to guarantee
the freedom of EU citizens to protest peacefully in the
territory of EU Member States without being attacked ?

Answer

In the absence of any appropriate database, therefore, the
question of on-line or other access by the Parliament or
national parliaments does not arise . It should, however, be
noted that much of the information concerned is in any case
in the form of communications between the Commission

and Member States and is of a privileged nature .

(7 March 1996 ) WRITTEN QUESTION E-3 063 / 95

by Nuala Ahern ( V )

to the Commission

The Council has never had occasion to be apprised of nor to the Commission
discuss the events to which the Honourable Member refers ( 15 November 1995 )
in his question, which does not fall within its 96 / C 112 / 30
competence .

96 / C 112 / 30

WRITTEN QUESTION E-3060 / 95

by Nuala Ahern ( V )

to the Commission

( 15 November 1995 )

( 96 / C 112 / 29 )

Subject : Application of Article 34 of the Euratom Treaty

Can the Commission provide a list of all of the situations
where the Commission has been considering or has applied
Article 34 of the Euratom Treaty ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 19 January 1996 )
Subject : Budget for health and safety under Euratom

If the Commission will list the annual budget in

( a ) current and

( b ) historic costs

allocated to the health and safety documentation and study
section, estimated within the framework of the joint
research centre under the provisions of Euratom Treaty
Article 39 in 1958, and what information is available to this
Parliament and national parliaments from this database,
and whether it is accessible on-line ?

Under Article 34 of the Euratom Treaty any Member State
on whose territory particularly dangerous experiments are
to take place shall first obtain the opinion of the
Commission . Hitherto the prior opinion of the Commission
under that Article has been requested by France solely for
the atmospheric nuclear tests conducted in the Sahara
desert . Two opinions have been delivered on those tests by
the Commission under Article 34 of the Euratom Treaty .

In addition the following activities or installations have been
examined or are still being examined by the Commission in
terms of the applicability of Article 34 of the Euratom
Treaty :

Answer given by Mrs Bjerregaard — Re-processing plant at Dounreay ( UK );

on behalf of the Commission

(3 January 1996 )

No budget has been allocated for the specific purpose of
Article 39 of the Euratom Treaty . The documentation held
by the Commission consists of :

— Article 33 information in the form of correspondence,

which is not held in a database ;

— Article 36 information currently the subject of a project

which will allow the data to be received on diskette and

transferred directly into a database ;

— Article 37 documentation mainly in the form of reports,

the texts of which are not held in a database .

— Test-firing of armour-piercing shells made of depleted

uranium ( UK );

— Thorp re-processing facility at Sellafield ( UK );

— High-active liquid waste tanks serving the Thorp and

Magnox nuclear fuel re-processing plants at Sellafield

( UK );

— Super-Phenix nuclear power station at Creys-Malville

( F );

— Transport by sea of nuclear waste from France to

Japan ;

— Underground nuclear tests in French Polynesia .

No C 112 / 20 EN Official Journal of the European Communities 17 . 4 . 96

So far that examination of those activities or installations

has not justified the launching of a procedure involving
implementation of Article 34 of the Euratom Treaty .

WRITTEN QUESTION E-3070 / 95

by Amedeo Amadeo ( NI )

to the Council

( 17 November 1995 )

( 96 / C 112 / 31 )

Subject : Funds for Lombardy, Piedmont, Liguria and the

Aosta Valley

In the light of recent controversial reports in the Italian press
concerning the regional Structural Funds, the use and the
basis thereof, often the inability of certain regions to use
them properly, the obscurity surrounding certain
allocations of funding, etc ., could the Council provide
information concerning the granting of funds to Lombardy,
Piedmont, Liguria and the Aosta Valley during the period
from 1 January 1985 to 31 December 1994, including, if
possible, a breakdown for each individual year ?

Answer

(8 March 1996 )

The Council laid down the operating rules for the Structural
Funds and entrusted their management to the
Commission .

The Council is therefore unable to provide the information
requested by the Honourable Member as regards funds
granted to Lombardy, Piedmont, Liguria and the Aosta
Valley . The Commission is in a better position to answer
these questions .

WRITTEN QUESTION E-3072 / 95

by Bartho Pronk ( PPE )

to the Commission

( 20 November 1995 )

( 96 / C 112 / 32 )

Subject : European generic pharmaceuticals industry

1 . Is the Commission aware that the European generic
pharmaceuticals industry has its own specific part to play in
the European phermaceuticals sector, and that its part will
be of growing importance in coming decades ?

2 . If so, is the Commission prepared to formulate the
part to be played by the European generic pharmaceuticals
industry as an item of Community policy ?

3 . Is the Commission aware of differences in the impact
of European, American and Canadian rules, and of the fact
that these differences operate to the disadvantage of the
generic pharmaceuticals industry producing in Europe ?

4 . What steps will the Commission take to make it
possible for manufacturers producing in Europe to compete
on equal terms, both with each other within the borders of
the European Union and with major trading blocs in the rest
of the world ?

Answer given by Mr Bangemann

on behalf of the Commission

( 11 January 1996 )

1 and 2 . In March 1994, the Commission addressed an
industrial policy communication for the pharmaceutical
sector to the Council and the European Parliament (- 1 ). This
document takes extensive account of the role of generic
medicines .

In the conclusion of this communication, the Commission
sets out a number of priority action areas which together
constitute an industrial policy strategy . One of the objectives
is ' to enhance competition in the pharmaceutical market, by
rendering it more transparent and allowing generic
medicines to stimulate competition on price '.

The implementation of this measure, however, is to be
achieved through Member States ' policies on the pricing and
reimbursement of medicines . The differences which prevail
within the Community regarding this matter are reflected in
the degree of penetration of the market by generic
medicines . The situation is however changing and whereas,
in 1994, Germany, the United Kingdom, the Netherlands
and Denmark accounted for 90 % of the generic medicines
market in Europe, the authorities of other Member States
are also now seen to be encouraging the use of such
medicines .

3 . The Commission is aware of the differences between

the European, American and Canadian laws regarding the
duration of patents for the manufacturers of generic
medicines . The United States has a special legal situation .
The reason why rights have been granted since 1984 to firms
manufacturing generic products before a patent expires is
that this country was the only one in the world which
calculated the length of patents in a different way, which
had the result of extending in a number of cases the effective
duration of protection from which medicines produced as
the result of research benefit . What is more, the Commission
has been informed of a number of criticisms expressed
recently concerning the American and Canadian laws as
regards their possible non-conformity in this area with the
provisions of the Agreement relating to TRIPs ( trade-related
aspects of intellectual property rights ) negotiated within the
Multilateral Trade Organization . This topic had already

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 21

generated discussions in Europe when Council Regulation

( EEC ) No 1768 / 92 concerning the creation of a
supplementary protection certificate for medicinal
products ( 2 ) was adopted . At the end of these discussions,
the Council did not feel it useful or necessary to amend the
scope of European legislation on this point .

4 . The question of what the manufacturers of generic
products are authorized to do while a patent or a
supplementary protection certificate for a medicinal
product is still valid is currently the subject of an appeal
before the Court of Justice ( Case C-326 / 95 ). As it awaits the
decision of the Court, the Commission is not planning to put
forward any special measures in the field of patent law
applicable to pharmaceutical products .

(') COM(93 ) 718 final .

( 2 ) OJ No L 182, 2 . 7 . 1992 .

WRITTEN QUESTION E-3082 / 95

by Martin Schulz ( PSE )

to the Council

( 17 November 1995 )

( 96 / C 112 / 33 )

Subject : Seizure of plutonium at Munich airport

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

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

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

Answer

criminal activities involving radioactive and nuclear
products, in particular theft and illegal trade in those
products .

2 . The European Council in Essen on 9 and 10 December
1994 received a report on illicit traffic in radioactive
substances and nuclear materials . The European Council
voiced its concern regarding nuclear smuggling and
approved measures and guidelines to combat it . It called on
the Commission and the Member States to step up their
cooperation in this field and effectively to assist countries of
origin and transit in taking action on the ground . It also
called on all States which had not yet done so to place their
sensitive civilian materials ( plutonium and highly enriched
uranium ) under international safeguards .

3 . In the context of cooperation between Euratom and
third countries, several projects have begun for practical
implementation of Nuclear Material Accountancy and
Control ( NMAC ). In addition, the Commission Directorate
for Euratom Security Control and the Joint Research Centre
may provide technical support to the Member States for the
analysis and identification of nuclear materials . The
Honourable Member should address his questions
concerning services provided by the Joint Research Centre
in Karlsruhe to that centre .

WRITTEN QUESTION E-3093 / 95

by Christine Crawley ( PSE )

to the Council

( 17 November 1995 )

( 96 / C 112 / 34 )

Subject : Income tax

Is the Council aware of any European Union Member State
that allows its citizens to choose what policies their income
tax may be directed towards, for example, is there a Member
State which allows citizens to pay income tax into
non-military funds only ?

(7 March 1996 ) Answer

(7 March 1996 )

1 . Taking account of the seizure of plutonium at Munich
Airport, the Ministers for Justice and Home Affairs of the
Member States of the European Union, with the
participation of a representative of the European
Commission, met the Ministers from the States of central
and eastern Europe responsible for combating organized
crime in Berlin on 8 September 1994 . At that meeting the
Berlin Declaration on Increased Cooperation in Combating
Drug Crime and Organized Crime in Europe was adopted . A
large part of that Declaration concerned the fight against

The Council is not in possession of the data requested by the
Honourable Member . It should also be noted that the

Community has no competence in the area mentioned by the
Honourable Member as regards the possibility for taxpayers
in Member States to choose the policies to which they would
like their income tax to be directed .

No C 112 / 22 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-3 125 / 95

by Markus Ferber ( PPE )

to the Commission

( 20 November 1995 )

( 96 / C 112 / 35

Subject : Situation of the semiconductor industry in
Europe

Can the Commission provide information on the following
questions regarding the semiconductor industry in
Europe ?

1 . How does the Commission view the situation and future

prospects of the semiconductor industry in Europe in
view of the competition from the USA and Japan ?

2 . Does the Commission consider that the semiconductor

industry in Europe receives sufficient public financial
support from the Member States and from the European
Union to be able to survive in the face of global
competition ?

3 . Can the Commission provide a breakdown by Member
State of the financial support for research given to the
semiconductor industry in Europe by the European
Union ?

4 . How have the Eureka projects established in 1985, and
the Jessi project ( development of 64Mbit memory chips )
in particular, developed ? What impetus has been
provided by this form of cooperation in the field of
research, what is the level of co-funding by the
Commission to date, and what significant results have
been achieved by Eureka and by Jessi in particular ?

Answer given by Mr Bangemann

on behalf of the Commission

( 31 lanuary 1996 )

1 . The situation today of the principal European
semiconductor companies is very good . They all have
healthy order books and report operating profits .
Furthermore, considerable financial investment has been
committed to new and upgraded production facilities
during the past two years, in particular during 1995 .

2 . The success is due to investment in the companies, a
considerable increase in the number of strategic
user-supplier alliances, and an overall broadening of
traditional semiconductor markets . These factors have

combined to provide substantial new product and market
opportunities . On the technology side, the industrial
investment in cooperative research and development

( R&D ) projects, combined with a strong alliance between
industry, research institutes and universities has resulted in a
considerable closing of the technology gap with US and
Japanese counterparts . R&D aid provided at both
Community and national level has had a catalytic effect, as
demonstrated in the evaluation report cited below .

3 . The appropriations committed in 1995 for
semiconductor components and subsystems projects within
the Esprit programme amount to approximately ECU 80
million . These cross-border R&D projects involve the
participation of more than 120 different companies, both
users and suppliers of semiconductor components,
throughout 15 Member States and associated states .

4 . A table showing the Eureka projects adopted year by
year since 1985 and a table showing the Commission's
participation will be sent to the Honourable Member and
Parliament's Secretariat . It should be noted that project
EUR 127 Jessi represents about 75 % of the Community's
participation in all Eureka projects . The Jessi project, which
will end in 1996, has been the subject of an evaluation report
which demonstrates its success, particularly in acting as a
catalyst for cooperation between firms and institutes on a
number of microelectronic projects . These projects have
achieved, or will soon achieve, most of their technical
objectives, whether in the fields of chip sets, design
techniques, or semiconductor and new equipment
technology . The Commission's financial participation in
Jessi ( through Community projects especially developed for
Jessi ) accounts for approximately 20 % of the R&D efforts

made under Jessi .

In addition, apart from its effective and direct financial
participation in projects, the Commission has implemented
a number of complementary and incentive measures,
especially, in the case of high-definition television ( project
EU 95 HDTV ) and such measures account for several
million ECU, in particular for vision 1250 . The impact of
this kind of cooperation is on the whole very positive, as the
three assessments of Eureka ( 1991, 1993, 1995 ) have
demonstrated, especially as it encourages international
European research which is closer to the marketplace than
the Community programmes .

WRITTEN QUESTION E-3133 / 95

by Jesús Cabezón Alonso ( PSE )

to the Council

( 17 November 1995 )

( 96 / C 112 / 36 )

Subject : Referendum in Western Sahara

The UN mission envisages that the referendum on
self-determination in Western Sahara could be held within

four months if the proposal made on 11 October 1995 by
the UN representative on the mission is accepted .

What action is the Council intending to take in order to
ensure that this comes to pass and that the referendum on
self-determination in Western Sahara is finally held ?

17 . 4 . 96 EN Official Journal of the European Communities No C 1 12 / 23

Answer

(7 March 1996 )

The Council fully supports the UN Settlement Plan tor
Western Sahara as endorsed by UN Security Council
Resolutions 690 and 725, and the work of the UN Mission
for the Referendum in Western Sahara ( Minurso ). It
welcomes Minurso's forecast that the referendum could

take place within four months if its proposals of 1 1 October
were accepted .

The Council has repeatedly called on all the parties to
cooperate with the UN Secretary General and his Special
Representative and to avoid doing anything which could
hinder the rapid implementation of the Plan .

WRITTEN QUESTION P-3 140 / 95

by Irene Crepaz ( PSE )

to the Council

( 14 November 1 995 )

action programme on equal opportunities for men and
women ( 1996 — 2000 ). This programme is to be seen in the
light of the conclusions of the Fourth World Conference on
Women ( Beijing, 4 to 15 September 1995 ).

2 . On 5 December 1995, the Council once again looked
at the amended proposal for a Directive on the posting of
workers in the framework of the provision of services .

' Members of the Council exchanged views on possible ways
of moving forward, particularly as regards the problem of a
possible time threshold, i.e . the case of short-term postings
to which the host Member State's provisions as regards
minimum paid annual holidays and minimum pay might or
might not apply .'

The Council instructed the Permanent Representatives
Committee to continue the discussions and report back to it
at a forthcoming meeting .

( 96 / C 112 / 37 ) WRITTEN QUESTION E-3 146 / 95

by Manuela Frutos Gama ( PSE )

Subject : Amendment of the Directive on the posting of

workers in the framework of the provision of
services

1 . What concrete steps have so far been taken to
consolidate the social dimension, which is one of the goals of
the Spanish Presidency ?

2 . Is it true that, in this connection, the presidency has
decided that amendment of the Directive on the posting of
workers in the framework of the provision of services will be
put back on the agenda during its term of office ?

3 . Why has this still not been done ?

to the Commission

( 22 November 1995 )

( 96 / C 112 / 38 )

Subject : Funds for non-eligible areas

In the current planning period, how much funding has been
earmarked for Community initiatives in non-eligible areas,
in other words, those outside Objectives 1, 2 and 5b ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

January 1996 )

Answer

(8 March 1 99 6 )

1 . Under the Spanish Presidency, Council proceedings in
the area of social policy covered, as matters of priority,
employment, equal opportunities for men and women, and
health and safety at work .

With regard to employment, the Labour and Social Affairs

Council, the Ecofin Council and the Commission prepared
an initial joint report on employment, which was submitted
to the Madrid European Council ( 15 and 16 December

1995 ).

With regard to equal opportunities for men and women, the

Council adopted a Decision on a medium-term Community

On the matter of Community initiatives, Article 11 of
Regulation ( EEC ) No 4253 / 88, as last amended by Council
Regulation ( EEC ) No 2082 / 93 ('), provides that :

' For a limited part of the appropriations available, the
forms of assistance approved under paragraph 1 in the
context of the priority Objectives 1,2 and 5(b ) may cover
areas other than those under Articles 8, 9 and 11a of
Regulation ( EEC ) No 2052 / 88 .'

Under the guidelines adopted on 13 July 1994 for the 13
Community initiatives, which can be studied in the guide to
Community initiatives for the period 1994 — 1999, this
option is only available for Interreg, Urban, Resider,
Rechar, Konver, Leader, PME and Pesca .

No C 112 / 24 EN Official Journal of the European Communities 17 . 4 . 96

In accordance with the conclusions of the Edinburgh
European Council, priority has been given to Objective 1,
which has attracted ECU 7,332 billion of the overall
package of ECU 1 1,727 billion ( at 1994 prices ) allocated for
the body of Community initiatives in the programming
period in question .

Since not all operational programmes have been adopted, a
figure cannot yet be put on the sums earmarked for
Community initiatives in non-eligible areas .

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

WRITTEN QUESTION E-3163 / 95

by Hiltrud Breyer ( V )

to the Commission

( 29 November 1995 )

( 96 / C 112 / 39 )

Subject : The EMA ( European Agency for the Evaluation of

Medicinal Products )

1 . What are the EMA's powers and responsibilities ?

2 . Who are the national authorities ' representatives on
the EMA ? Can we rule out the possibility of these
representatives having financial interests ?

3 . Can the proceedings be made available to the author
of this question ?

4 . How are domestic consumer interests represented on
this body ?

5 . Do controls exist to improve recognition of the risks of
licensed drugs in future and provide better protection
against the risks ?

Answer given by Mr Bangemann

on behalf of the Commission

( 15 January 1996 )

1 . The functions and responsibilities of the European
Agency for the Evaluation of Medicinal Products ( EMEA )
are defined in Article 51 of Council Regulation ( EEC )
No 2309 / 93 of 22 July 1993 laying down Community
procedures for the authorization and supervision of
medicinal products for human and veterinary use and
establishing a European Agency for the Evaluation of
Medicinal Products (*). This Article provides for this Agency
to undertake inter alia the following tasks :

— coordination of the scientific evaluation of medicinal

products which are subject to Community marketing
authorization procedures ;

— transmission of assessment reports, summaries of
product characteristics, labels and package leaflets or
inserts for these medicinal products ;

— coordination of related pharmacovigilance activities ;

— advising on the maximum limits for residues of
veterinary medicinal products which may be accepted in
foodstuffs of animal origin ;

— coordinating verification of compliance with the
principles of good manufacturing practice, good
laboratory practice and good clinical practice ;

— assisting the Community and Member States in the

provision of information to healthcare professionals and
the general public about medicinal products which have
been evaluated within the Agency .

2 . Article 52 of the abovementioned Regulation
stipulates that the Committee for Proprietary Medicinal
Products shall consist of two members nominated by each
Member State for a term of three years which is
renewable .

Article 54(2 ) states that the members of the Committee,
rapporteurs and experts may not have any financial or other
interests in the pharmaceutical industry which could affect
their impartiality .

3 . Article 12(4 ) provides for the following :

' Upon request from any interested person, the Agency
shall make available the assessment report on the
medicinal product by the Committee for Proprietary
Medicinal Products and the reasons for its opinion in
favour of granting authorization, after deletion of any
information of a commercially confidential nature '.

An assessment report of this type has been compiled for
every medicinal product authorized by the Commission up
to the present time . Fact sheets will be published periodically
in the Official Journal containing, in particular, the names of
authorized medicinal products, the date of their
authorization and informing the public that the
abovementioned report may be obtained from the
Agency .

4 . Consumers are not formally represented within this
body, but Article 65 of Regulation ( EEC ) No 2309 / 93 states
that the Management Board should develop appropriate
contacts, notably with the representatives of consumers and
patients .

5 . The Honourable Member is requested to refer to
Title III, Chapter 3 of the Regulation which lays down all the
provisions concerned with pharmacovigilance applicable to

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 25

medicinal products authorized by means of Community
procedure .

(') OJ No L 214, 24 . 8 . 1993 .

WRITTEN QUESTION E-3206 / 95

The final selection of projects for 1995 has been delayed for
technical reasons . The Commission expects to be in a
decision to inform Member States of its decision by
mid-February . The full list of all projects approved under
Article 6 will be conveyed to the Parliament as soon as final
decisions are taken .

C ) Ol No L 193, 31 . 7 . 1993 .

by James Fitzsimons ( UPE ) WRITTEN QUESTION E-3212 / 95

to the Commission
by Liam Hyland ( UPE )

( 29 November 1995 )

( 96 / C 112 / 40 )

to the Commission

/ 29 November 1995 )

( 96 / C 112 / 41 )

Subject : Innovative projects under the ESF and project

approvals in Ireland Subject : Régulation ( EEC ) No 3254 / 91

Is the Commission satisfied with the publicity given by
Member States to calls for proposals concerning Article 6

( ESF ) innovative projects ? What projects were approved in
Ireland in 1995 ? Who were the promoters ? How much was
approved for each project ?

Given that internationally accepted trap standards are not
yet available and will not be available by 1 January 1996,
does the Commission accept that Regulation ( EEC )
No 3254 / 91 ( ] ) should not now be implemented on

1 January 199 6 as originally planned ? Does it have any
plans to postpone the implementation of this Regulation
pending agreement on trap standards ?

(M OJ No L 308, 9 . 11 . 1991, p . 1 .
Answer given by Mr Flynn
on behalf of the Commission

( 22 February 1996 ) Answer given by Mrs Bjerregaard

on behalf of the Commission

( 19 January 1996 )

During the past two years, the responsibility for organizing
calls for proposals for innovative projects under Article 6 of
the European Social Fund Regulation ( Regulation ( EEC )
No 4255 / 88 as amended ) (') has rested with the Member
States, with guidelines agreed with the Commission . Each
year, following receipt of proposals, national authorities
have carried out an initial pre-selection . Pre-selected
projects have then been submitted to the Commission for
final evaluation and decision .

In general, the Member States have organized restricted calls
for proposals . This has been justified on the basis that, since
the amount of funding available for the whole Community
is limited ( between ECU 20 — 30 million each year ), a full
open call for proposals in each Member State would
generate a demand for funding out of proportion to the
resources available .

The Commission believes that there is a need to improve

both the way in which calls for proposals are organized and
the manner in which projects are selected . It is at present
reviewing the current guidelines for Article 6 as well as the
outcome of the selection process for 1994 and 1995 . In the
light of this review, it may make proposals to Member States
for modifications to the way the guidelines for Article 6 will
operate for 1996 .

The Commission would refer the Honourable Member to
the detailed statement on the subject by the Commission in
the plenary session of 11 December 1995 f 1 ).

( 1 ) Debates of the Parliament ( December 1995 ).

WRITTEN QUESTION E-3213 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

(1 December 1995 )

( 96 / C 112 / 42 )

Subject : Community legislation on cleaning up marinas

A significant number of Community citizens who spend
their summer holidays practising water sports make use of
the services offered by marinas .

The people concerned have repeatedly complained at the
poor sanitary conditions in some marinas, with highly

No C 112 / 26 EN Official Journal of the European Communities 17 . 4 . 96

polluted water and a range of unpleasant smells arising from
a combination of insanitary conditions . Evidently, the
problem is even less tolerable for those people who live
permanently in boats moored to the quay .

Given that Community legislation aims to be assiduous in
looking after the environment, can the Commission say
what Community legislation covers the cleaning-up of
marinas and what measures it will propose to ensure that the
extreme pollution of water in marinas is eliminated in the
future ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 6 February 1995 )

Generally speaking, there is no specific Community
legislation on the quality of water in marinas . However, two
water quality Directives ( Directives 76 / 160 / EEC ( 1 ) and
91 / 271 / EEC ( 2 )) can also be applied to marinas .

It thus falls to national authorities to adopt legislation on
water quality in marinas .

í 1 ) OJ No L 31, 5 . 2 . 1976 .

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

Objective 1 regions like Galicia, which have just seen their
fishing rights drastically reduced at this very time because of
the Fisheries Agreement with Morocco ?

Answer

(7 March 1996 )

1 . It should be pointed out that, in the context of the
expiry on 3 1 December 1 995 of the system of compensatory
allowances for the sardine sector as a whole and in order to

facilitate a decision on the matter, the Commission
submitted a report to the Council taking stock of the
application of those allowances and outlining the various
factors which had been decisive in that sector's

development .

2 . At its meeting on 26 October 1995 the Council held an
exchange of views on the basis of that report and adopted a
series of conclusions ( 1 ), setting out guidelines to be followed
in future . Amongst the options envisaged was the stepping
up of carryover aid by substantially increasing the amount
of the premium .

3 . It should also be noted that the study of this sector also
took into account the effects on the sector of the

Community's international fishing agreements and in
particular of the Agreement with Morocco .

4 . The Council has asked the Commission to submit

appropriate proposals to it as soon as possible .

WRITTEN QUESTION P-3221 / 95
by Daniel Varela Suanzes-Carpegna ( PPE ) ( ] ) Published in Press Release 10918 / 95 Presse 295 of 26 October

to the Council 1995 .

( 23 November 1995 )

( 96 / C 112 / 43

Subject : Planned compensatory measures for the
Community canning industry following the
concessions granted to the Kingdom of
Morocco

Although Parliament has not yet been officially informed of
the exact wording of the agreement reached between the EU
and Morocco, it appears that as far as Moroccan tinned
sardine exports are concerned, the EU has accepted 19 500
tonnes duty-free with a duty of 6 % on the remainder for

1996 ; 21 000 tonnes duty-free and a 5% duty for 1997 ;
22 500 tonnes duty-free and 4% duty for 1998 and total
liberalization for 1999 .

In view of the advantages thus granted to Morocco and of
the compensation granted to Portugal, what compensatory
measures has the Council planned for the Spanish canning
industry to offset the serious economic damage and
consequent socio-economic repercussions which these
advantages and this compensation will occasion,
particularly since the canning industry is located in

WRITTEN QUESTION E-3247 / 95

by Doris Pack ( PPE )

to the Commission

(1 December 1995 )

( 96 / C 112 / 44 )

Subject : Equal treatment in law for French friendly societies

and the Crédit Social des Fonctionnaires

The Commission is currently examining legislation
applicable to French friendly societies ( mutualité ) in respect
of supplementary health insurance and stays in friendly
society hospitals .

The Insurance Law ( Code de la mutualité ), which governs
the business of friendly societies, allows them to give ' bank
guarantees ' to their policy-holders .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 27

These ' bank guarantees ' represent a sizeable sum ( FF 57 000 this solvency margin and the minimum guarantee fund are
million ). However, the requirements of liquidity and laid down by the Directive 73 / 23 9 / EEC .
creditworthiness and the reserves system do not apply to
friendly societies since they belong to the cooperative r ) OJ No L 228, 11 . 8 . 1992 .
sector . ( 2 ) OJ No L 360, 9 . 12 . 1992 .

What are the Commission's plans to end the discrepancy
between the existing systems in France with particular
reference to risk guarantees ?

Is there any possibility, in the Commission's view, that the
guarantee arrangements operated by French friendly
societies may be extended to the Crédit Social des
Fonctionnaires ?

Answer given by Mr Monti
on behalf of the Commission

( 13 February 1996 )

The Commission has examined the case of Crédit Social des

Fonctionnaires, which, despite its name, does not have
credit institution status .

( 3 ) O } No L 228, 16 . 8 . 1973 .

WRITTEN QUESTION E-3263 / 95

by Anne Mcintosh ( PPE )

to the Commission

(6 December 1995 )

( 96 / C 112 / 45 )

Subject : Transport safety research spending in the Fourth

Framework Programme

Against the background of the enormous social cost of
transport casualties to Member States of over ECU 70
billion annually, will the Commission indicate what monies
for air, sea, road and rail transport separately are being
allocated to improving knowledge about ways of reducing
accidents and casualties in the Fourth Framework

Programme ? In particular, would the Commission
indicate :

1 . What is the planned allocation for safety-related
proposals for the first call of the Fourth Framework
Programme ?

It would draw the Honourable Member's attention to the
fact that those friendly societies which are governed in Programme ?
France by the Code de la mutualité are covered by the
Community insurance Directives, in particular Council 2 . What proposals will be the actual
Directives 92 / 49 / EEC (') and 92 / 96 / EEC ( 2 ). These call for safety-related proposals ?
Directives have been in force since 1 July 1994 . As France
has not yet notified the Commission of national measures 3 . What is the planned allocation for the
taken to transpose these Directives as regards the Code de la safety-related proposals ?
mutualité, the Commission has decided to initiate the
procedure provided for in Article 169 of the EC Treaty in
respect of France . Answer given by Mr Kinnock

2 . What proposals will be the actual allocation for the first

call for safety-related proposals ?

3 . What is the planned allocation for the second call for

safety-related proposals ?

on behalf of the Commission

With regard to surety and guarantee activities, it should be (2 February 1996 )
pointed out that Community insurance legislation requires
insurance undertakings to engage only in insurance The Commission is conscious of the
activities and operations stemming directly therefrom, to the
exclusion of any other commercial activity . As a result, transport casualties, as well as the
insurance undertakings may not engage in insurance and inefficient transport systems .
credit activities at one and the same time . objectives of the specific transport

However, an insurance undertaking may engage in
' suretyship ' insurance ( class 15 in Annex A — classification
of risks according to classes of insurance — to the first
non-life insurance ( Directive 73 / 239 / EEC ) ( 3 )). That
Directive, as amended by the third Directive ( 92 / 49 / EEC ),
lays down the prudential rules governing ' suretyship '
insurance . Insurance undertakings are required inter alia to
establish adequate technical provisions for all these
insurance activities and also to maintain a solvency margin
and a minimum guarantee fund . The rules for calculating

The Commission is conscious of the enormous social cost of

transport casualties, as well as the economic cost of
inefficient transport systems . Accordingly, the key
objectives of the specific transport research programme
reflect the need to improve knowledge on both safety and
safety-related areas, such as traffic management and the
efficiency of transport systems .

82 % of the budget of the first call for proposals for research
projects under the Fourth Framework Programme in the
various modes of transport, i.e . rail, road, air and
waterborne transport, was allocated to safety related
projects .

The following table indicates the planned allocation for

safety related projects resulting from the first call ( 1995 ), the

No C 112 / 28 EN Official Journal of the European Communities 17 . 4 . 96

actual allocation of funds for projects under the first call and
the planned allocation under the second call ( December

1995 — March 1996 ).

( in million ECU )

Water ­
Rail Road Aviation Total

borne

Planned for first call 26 4 21 11 62

Realized under first

call 28 4 20 11 63

Planned for second

call 6 1 6 2 15

The second call is running at present . The actual allocation
of funds for safety related projects will depend on the
evaluation of the projects which will be presented under this
call .

In response, the Commission consulted experts from the
Member States and representatives from interested parties
such as the insurance sector, the financial sector, industry
and environmental organizations . The main issues discussed
were the scope of an environmental liability regime,
restoration of environmental damage, access to justice with
respect to environmental damage and financial security for
coverage of liability .

Furthermore, in the course of 1994 the Commission
launched studies on the operation in the Member States of
liability systems dealing with environmental damage and on
the economic implications of different liability systems . The
final results of these studies are expected early this year and
will be carefully assessed .

Although this matter is given priority it follows from the
above that it is still too early to present an exact timing on a
possible legislative initiative .

(') COM(93 ) 47 .

WRITTEN QUESTION P-3268 / 95

WRITTEN QUESTION E-3271 / 95
by Miguel Arias Cañete ( PPE )

by Eryl McNally ( PSE )
to the Commission

to the Commission

( 29 November 1995 )

(6 December 1995 )
( 96 / C 112 / 46 )

( 96 / C 112 / 47 )

Subject : Civil liability law and the environment

The Commission Green Paper on the repair of ecological
damage showed there was a need for Community-level
legislation to establish a common standard for civil liability
requirements in the environmental area .

What is the state of progress in drafting a Directive on civil

liability in the field of the environment ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

Subject : Drink-drivers still able to drive after conviction

Is the Commission aware that a person convicted of
drink-driving in Crete, Greece does not have their licence
revoked or penalized for the offence and they are, therefore,
able to drive anywhere else in Europe ? What steps would be
appropriate to prevent people driving abroad after being
convicted ?

Answer given by Mr Kinnock

on behalf of the Commission

( 18 January 1996 )

( 17 January 1996 ) With regard to the general problem of road safety and
drink-driving, the Honourable Member is referred to the
joint answer given to Written Questions E-2558 / 95 and

remedying environmental damage ( ) E-2600 / 95 from Mr Siso Cruellas, Mr Cabezon Alonso and
Community-wide discussion . For Mr Colino Salamanca ( J ).

The green paper on remedying environmental damage ( )
gave rise to an animated Community-wide discussion . For
the first time a public hearing was organized by the
Parliament and the Commission . Over one hundred written

comments were sent to the Commission by many different
interested parties .

In April 1994 the Parliament adopted a resolution under
Article 138b(2 ) of the EC Treaty, requesting the
Commission to submit a proposal for a Directive on civil
liability for ( future ) environmental damage .

The Commission would remind the Honourable Member

that the imposition of penalties for the infringement of road
traffic legislation is the responsibility of the Member
States .

(!) OJ No C 66, 4 . 3 . 1996 .

17 . 4 . 96 I ΕΝΊ Official Journal of the European Communities No C 112 / 29

WRITTEN QUESTION P-3280 / 95

by Giorgos Dimitrakopoulos ( PPE )

WRITTEN QUESTION E-3312 / 95

Dimitrakopoulos ( PPE ) by Marie-France Stirbois ( NI )

to the Council to the Commission

( 30 November 1995 )

to the Commission

(9 December 1995 )

( 96 / C 112 / 48 ) ( 96 / C 112 / 49 )

Subject : Participation of Cyprus and Malta in the Subject : Situation of oyster farmers vis-à-vis EU
Euro-Mediterranean Conference législation

Given that the participants at the Euro-Mediterranean
Conference on 27 / 28 November 1995 include Cyprus and
Malta, negotiation's for whose accession to the EU are to
begin six months after the signing of the new treaty to be
agreed at the 19 96 IGC, are these two countries accorded a
status at the conference which appropriately and accurately
reflects their position distinct from the other participants,
and if not, why not ?

Answer

(8 March 1996 )

The Barcelona Euro-Mediterranean Conference, which

brought into being the Euro-Mediterranean partnership,
gathered together on an equal footing the European Union
and those Mediterranean partners which have contractual
relations with it . No special status was therefore given to any
particular participant .

The Honourable Member's attention is, however, drawn to
the fact that the purpose of the Euro-Mediterranean
partnership established in Barcelona is to create a
multilateral framework for relations between the European
Union and the Mediterranean region . In establishing this
multilateral framework, the participants in the Conference
emphasized clearly the need to respect the characteristics,
values and distinguishing features peculiar to each of the
participants, and they asserted that the multilateral
framework is counterpart to the strengthening of bilateral
relations, which it is important to safeguard by laying stress
on their specific nature .

The specific characteristics of Cyprus and Malta are
therefore fully taken into account by the European Union in
the bilateral context, given that these two States are clearly
engaged in the accession process .

Is it true that Community legislation on places where oysters
may be kept and stored by oyster farmers stipulates that
such premises must be ' masonry-built ' and, therefore, that
wooden constructions may not be used for such
purposes ?

Is it true that Community legislation stipulates that oyster
farmers may transfer ownership of their work premises only
to established oyster farmers ?

Answer given by Mr Fischler
on behalf of the Commission

( 11 January 1 996 )

Council Directive 91 / 492 / EEC of 15 July 1991 laying down
the health conditions for the production and placing on the
market of live bivalve molluscs ('), which entered into force
on 1 January 1993, stipulates that the placing on the market
of oysters and other shellfish shall be carried out from
dispatch centres approved by the Member State authorities .
The approval conditions set out in the Annex to the
Directive state that centres must have premises for handling
or storing molluscs that consist of ' buildings or facilities of
sound construction, designed and maintained adequately
for the purpose of preventing contamination of live bivalve
molluscs by any type of waste, dirty water, fumes, dirt or by
the presence of rodents or other animals '.

The criterion of sound construction stipulated by the
Directive rules out temporary canvas structures but does not
specify the building materials to be used for dispatch
centres . The legislation directs that premises shall be of
sound construction and easy to clean but leaves it to
Member States to determine what means are required to
achieve that aim, in the light of local conditions, in keeping
with the principle laid down in the third paragraph of
Article 3b of the EC Treaty that no action by the
Community shall go beyond what is necessary to achieve the
objectives of the Treaty .

As regards the future, the nature of the position of Cyprus Rules governing the transfer of ownership of oyster farmers '
and Malta within the Euro-Mediterranean partnership will work premises fall exclusively within the scope of national
obviously change after they accede to the European Union, law and are not covered by any Community legislation .
as they will, from that moment, participate in the
partnership as Member States of the European Union . (') OJ No L 268, 24 . 9 . 1991 .

No C 112 / 30 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-3319 / 95

by Reimer Bôge ( PPE )

to the Commission

( 13 December 1995 )

( 96 / C 112 / 50 )

Subject : Progress of negotiations in fields excluded from the

Uruguay Round because of disagreement

Towards the end of the Uruguay Round it was decided that
fields on which no agreement could be reached should be
provisionally excluded, and that negotiations concerning
them should be resumed after the conclusion of the

Agreement of 15 April 1994 in Marrakesh .

What progress has so far been made in the following
fields :

— financial services ?

— maritime transport ?

— the film and television market ?

months to reconsider the offers they made . Further
negotiations are expected to take place in that period .

For the same reasons as in financial services, it was decided
that negotiations on maritime transport services should
continue after the conclusion of the Uruguay Round
negotiations . The negotiations are to be concluded at
30 June 1996 . A negotiating group on maritime transport
was set up for this purpose . Membership is open to all WTO
members . At the moment about 40 countries are

participating in the negotiations . Negotiations are currently
focusing on initial offers on market access and national
treatment which countries have put on the table .

On audiovisual services, there was no decision to continue
negotiations at the end of the Uruguay Round in 1993 .
Consequently, as a result of the Uruguay Round audiovisual
services are fully covered by the WTO . Nevertheless, the
Community and its Member States hve not made any
market access or national treatment commitments in the

area of audiovisual services and are therefore only covered
by general obligations of MFN and transparency of the
General Agreement on Trade in Services ( GATS ). In
addition, the Community has also taken a number of
important MFN exemptions which cover notably the
television without frontiers Directive .

— aircraft building ? Negotiations are continuing in another area, basic
telecommunications services . These negotiations aim at
getting multilateral commitments on market opening and
national treatment reflecting the world-wide liberalization
currently taking place in the telecommunications area . A
negotiating group on basic telecommunications ( NGBT ) has
Answer given by Sir Leon Brittan been established to conduct the negotiations which need to

on behalf of the Commission be finalized by 30 April 1996 .

( 19 January 1996 )

At the end of the Uruguay Round of negotiations in
December 1993, several countries ' commitments on
financial services were considered insufficient, in particular
by the United States . In order to prevent financial services
from being excluded from the coverage of the future World
Trade Organization ( WTO ), further negotiations on
financial services were agreed . They started in the first part
of 1994 and were successfully concluded on 28 July 1995 .
The result contains liberalizing commitments on market
access and national treatment from a large group of
countries on the basis of the most-favoured nation ( MFN )
principle . It accounts for almost 90% of world financial
business ( banking, insurance and securities ) and is
considered an important step towards progressive full
multilateral liberalization of world-wide trade in services . It

allows financial operators to benefit from greater legal
certainty and predictability .

The agreement runs for an initial period up to 1 November

1997 . From that date on, WTO members will have two

In December 1993, the members of the GATT civil aircraft
committee failed to agree on a new agreement, but
committed themselves to continue negotiations, particularly
on the basis of the chairman's proposal . Negotiations are
therefore still open but they are unlikely to get anywhere . In
particular the United States stated that, despite the
commitment undertaken in 1993, they would not negotiate
on the basis of the chairman's text and that negotiations
should focus only on airframes ( excluding engines ). This is
unacceptable to the Community as well as to other
participants .

The status quo does not give any cause for concern for the

Community defensive interests . But the Community
remains committed to the continuation of the negotiations

( for instance, it would be desirable to increase disciplines on
indirect subsidies ).

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 31

WRITTEN QUESTION E-3321 / 95

by Susan Waddington ( PSE )

to the Commission

( 13 December 1995 )

( 96 / C 112 / 51 )

Subject : Biomed programme and the use of chimpanzees

for research

Further to the Commission's answer to my Question
P-2784 / 95 ('), has an annual assessment such as the one
referred to in the final paragraph of the Commission's
answer taken place ? If yes, what were its findings ? If no,
when will such an assessment be carried out, so that the
concerns expressed surrounding the mistreatment of the
chimpanzees referred to in my earlier question can be
allayed ?

(') OJ No C 51, 21 . 2 . 1996, p . 51 .

international committee for the preservation of the
industrial heritage raised the question of the protection of
the shipbuilding heritage from more recent times .

The conference stressed that important floating monuments
to the art of shipbuilding are in danger of being destroyed,
given that Community Regulations provide that subsidies
from Community funds can only be paid in the event of the
destruction of old fishing vessels .

Given that many fishing vessels which constitute
monuments to the craft of wooden shipbuilding in the
eastern Mediterranean in the 18th and 19th centuries and

deserve to be preserved in local and naval museums are in
danger of being destroyed, what measures does the
Commission intend to take to save these vessels which are

monuments to the art of shipbuilding ?

Answer given by Mr Ore j a
on behalf of the Commission
Answer given by Mrs Cresson

on behalf of the Commission (2 February 1996 )

( 18 January 1996 )

The assessment of the 1994 annual report on the project
referred to by the Honourable Member was satisfactory
both scientifically and ethically .

The final report on the project, which the Commission
expects to receive shortly, will be assessed by a Review
Board of independent experts from the Member States . The
next meeting is planned for early in 1996 and will consider
whether it is necessary to visit the site .

The Review Board will meet three times a year and will carry
out a continuous, systematic assessment of the Biomed 2
research projects . This will include on-the-spot visits
whenever these are considered to be necessary .

WRITTEN QUESTION E-3436 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 52 )

As the Honourable Member is aware, the preservation of
industrial heritage was indeed the theme of the
Commission's action for the preservation of the European
architectural heritage in 1991 . Furthermore, some of the
initiatives supported in that year did concern the
preservation of shipbuilding heritage .

As to future initiatives and pending the adoption of the
Raphaël programme ( 1 ), the Commission will shortly launch
a number of actions linked to the proposals included in this
programme, which will aim to deal more effectively than in
the past with the preservation of both movable and
immovable cultural heritage at European level . True to the
objectives set out in Article 128 of the EC Treaty and to the
efforts of the Commission for a more effective and coherent

action in the field, these actions will concentrate on selecting
and supporting initiatives which demonstrate a true
European interest and dimension and, furthermore, aim to
couple cultural benefits with the attainment of social and
economic development objectives .

Should any initiatives linked with the Honourable Members
specific field of interest meet the eligibility criteria of the
actions which will shortly be published in the Official
Journal, then the Commission will gladly take them into

consideration .

Subject : Preservation of the industrial heritage ( 1 ) COM(95 ) 110 .

At the second conference on the industrial heritage held
from 20 to 22 October, the Greek contingent of the

No C 112 / 32 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-3437 / 95

by Glenys Kinnock ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 53 )

Subject : Human-rights-related grants for funding in China

and Tibet during 1993, 1994 and 1995

How many applications for grants relating to human rights
in China / Tibet have been received by the Commission from
NGOs in each of the years 1993, 1994 and 1995 and how
many were accepted for funding ?

Which were rejected and for what reasons ?

At the Edinburgh and Corfu European Council summits the
Commission was instructed to draw up appropriate
proposals, in particular a review of Directive 90 / 219 / EEC f 1 )
to be submitted not later than the end of 1994 . Although
another year has since elapsed, that has still not
happened .

1 . What explanations can the Commission provide for the

delay and for its failure to act on its own commitments ?
Who is responsible ?

2 . What steps will the Commission take to correct this

situation ?

3 . When will the Commission draw up its proposals,

already announced and urgently needed for the
improvement of Europe as a business location,
amending Directives 90 / 219 / EEC and 90 / 220 / EEC ( 2 )
and submit them to the vote of Parliament ?

( 1 ) OJ No L 117, 8 . 5 . 1990, p . 1 .

Answer given by Mr Van den Broek ( 2 ) OJ No L 117, 8 . 5 . 1990, p . 15 .

on behalf of the Commission

(2 February 1996 )

Answer given by Mrs Bjerregaard

During the period under reference, the Commission received on behalf of the Commission
grant application relating to human rights in China and (8 February 1996 )
Tibet under budget line B7-7020 ( ex B7-522 ) ' Human rights
and democracy in developing countries '.

No application was received in 1993 and 1994 .

In 1995, applications were received from ' Human rights in
China ' for a project concerning human rights education and
advocacy and a project concerning women's rights . Both
projects are still under consideration for funding .

WRITTEN QUESTION E-3449 / 95

by Renate Heinisch ( PPE )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 54

Subject : Proposals to amend Directives 90 / 219 / EEC and

90 / 220 / EEC

It is now more than two years since the Commission
acknowledged in its white paper on growth,
competitiveness and employment the enormous future
prospects and potential of biotechnology for an
improvement of Europe as a business location, and
announced a review of the legislative framework .

Following the publication of the white paper on growth,
competitiveness and employment of 1993 ( ] ), the
Commission carried out an extensive and systematic review
of Directive 90 / 219 / EEC on the contained use of genetically
modified organisms in the light of scientific knowledge,
experience gained in the implementation of the Directive, as
well as international practice .

The results of the review were reported in the
communication from the Commission to the Council, the
Parliament and the Economic and social committee —

biotechnology and the white paper on growth,
competitiveness and employment — preparing the next
stage ( 2 ) . This communication indicated that the
Commission would conduct the necessary broad
consultations with operators, users, Member State
authorities and interest groups in order to propose its
amendments to Directive 90 / 219 / EEC .

Given the highly technical and politically sensitive nature of
the subject concerned, these consultations were necessary
before the Commission adopted a proposal . On 6 December

1995 the Commission adopted its proposal for amendment
of Directive 90 / 219 / EEC which will be sent to the Council

and the Parliament ( 3 ).

The aim of the modifications is to link administrative

procedures to the risk of operations, to increase the
flexibility of the Directive and to make it more risk based .
Thanks to the elimination of regulatory redundancies, the

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 33

proposal will have a favourable impact on the
competitiveness of European research and industry .

At present the review of Directive 90 / 220 / EEC ( 4 ) on the
deliberate release into the environment of genetically
modified organisms is under way and has been given a high
priority . The Commission expects that the necessary
consultations with the Member States and the associations

involved can be finished early spring 1996, followed by the
presentation of the report on the review of Directive
90 / 220 / EEC foreseen by the Commission's communication
on biotechnology later in the spring .

(>) COM(93 ) 700 .

( 2 ) COM(94 ) 219 .

Answer given by Mr Bangemann

on behalf of the Commission

( 30 January 1996 )

The Commission would refer the Honourable Member to its

answer to Written Questions E-3014 / 95 and P-3294 / 95 by
Mrs Undine Bloch von Blottnitz and Mr Bernd Lange

C ) See page 13 of this Official Journal .

( 3 ) COM(95 ) 640 .

( 4 ) OJ No L 117, 8 . 5 . 1990 . WRITTEN QUESTION E-3453 / 95

by Susan Waddington ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 56 )
WRITTEN QUESTION E-3450 / 95

by Siegbert Alber ( PPE )

to the Commission

( 18 December 1995 )

{ 96 / C 112 / 55 )

Subject : Reducing motor-vehicle emissions from the year

2000

Despite all the progress that the European Union has
secured with the reduction of motor-vehicle emissions, it is
clear to all interested parties that these measures will be
insufficient to cope with the further increases in traffic in the
Member States of the European Union and the need to
reduce all atmospheric pollutants that can contribute to
climate change . With its ' Automobile Programme ' task
force, the Commission is seeking to create well-founded
bases for additional legal measures . In the Council's and the
Commission's view, proposals for more far-reaching
measures need not be submitted until mid 1996 . The

European Parliament called on the Commission on
20 September 1995 to submit by the end of this year its
proposals for reducing motor-vehicle ( private transport and
road-haulage ) emissions from the year 2000 . That
requirement is derived from the European Parliament's
experience with the cumbersome decision-making
procedures of some European institutions and the
realization that the industry concerned must be enabled to
plan for the long term .

1 . Will the Commission comply with the European
Parliament's requirements and submit its proposals by
the end of 1995 ?

2 . If not, when can the Commission be expected to submit
its proposals ?

3 . Will the Commission incorporate the limit values
required by the European Parliament for the third stage
into its proposals ?

Subject : State subsidies to European airlines

Will the Commission give its assurances that no European
airlines are receiving subsidies from any Member State
government that give them an unfair competitive advantage,
and are therefore in direct contravention of established

European competition law ?

Answer given by Mr Kinnock

on behalf of the Commission

(5 February 1996 )

In order to fall within the scope of application of
Article 92(1 ) of the EC Treaty State aid must distort
competition and affect trade within the common market . In
a sector characterized by cross-border operations, such as
air transport, virtually every type of State aid distorts
competition and trade .

The Commission, in examining whether state aid may be
authorized, has to balance these negative effects against the
positive effects on the restructuring of the recipient and the
development of the Community air transport sector .

According to Article 92(3)(c ) of the EC Treaty aid may be
authorized only if it does not affect trade to an extent
contrary to the common interest . The Commission has
always interpreted this requirement in the sense that aid
must not transfer the beneficiary's difficulties to its
competitors . For the purpose of circumscribing the
anti-competitive effects of State aid the Commission
generally imposes conditions that limit, for example, the
airline's supply or pricing freedom . These conditions have
the effect of curbing the beneficiary's commercial freedom
and prevent the aid from affecting competition to an
unacceptable extent .

No C 112 / 34 EN Official Journal of the European Communities 17 . 4 . 96

Over the past four years the Commission has approved a
number of restructuring aids for airlines . These aid measures
have been authorized specifically to finance the return to
viability of air carriers in the new competitive environment
following the creation of the common aviation market .

EU as a result of years of destruction and burial of large
quantities of fruit and vegetables withdrawn from the
market . Can the Commission list these regions precisely ?

WRITTEN QUESTION E-3459 / 95

by Anita Pollack ( PSE )

to the Commission

( 18 December 1995 )
WRITTEN QUESTION E-3456 / 95

by Anita Pollack ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 57 )

Subject : Child care

( 96 / C 112 / 59 )

The recommendation on child care dated 31 March 1992 ( )
specified that Member States shall inform the Commission
of the measures taken to give effect to it, in order that the
Commission can draw up a report on its implementation .
The Commission should have had this information,
therefore, since March 19 95 . Where is the report ?

Subject : Liability for environmental damage

What plans does the Commission have to deal with the
environmental damage, particularly to underground water
courses, in regions where the EU has been responsible for
this pollution because of its destruction and burial, over
many years, of large quantities of fruit and vegetables
withdrawn from the market ?

Joint answer to Written Questions

E-3458 / 95 and E-3459 / 95

, . given by Mr Fischler

on behalf of the Commission
(') OJ No L 123, 8 . 5 . 1992, p . 16 .
( 19 January 1996 )

Answer given by Mr Flynn
on behalf of the Commission

( 12 February 1996 )

In March 1995, the Commission wrote to all Member
States, with a questionnaire which asked for details of the
measures they had taken to implement the 1992
recommendation on childcare . A further reminder was sent

to those Member States which had not replied in August .
The Commission has received replies from 12 Member
States and three responses are still outstanding .

The Commission is already drafting a report based on the
responses received . This is expected to be published in
spring .

The Honourable Member refers to an environmental

problem for which the Commission is not to be held
responsible . The common market organization for fruit and
vegetables does not foresee destruction of these products
and therefore it lies rather within the competence of the
producing Member States to respect the existing
environmental provisions .

The Commission proposes within the framework of the
reform of the common market organization for fruit and
vegetables, a number of measures to reduce progressively
future surplus production of fruit and vegetables . These
specific measures take into account environmental concerns
over the destruction of products withdrawn from the
market, in particular as regards the protection of water
quality .

WRITTEN QUESTION E-3464 / 95

WRITTEN QUESTION E-3458 / 95 by Doeke Eisma ( ELDR )

to the Commission
by Anita Pollack ( PSE )

to the Commission ( 18 December 1995 )

( 18 December 1995 ) ( 96 / C 112 / 60 )

( 96 / C 112 / 58 )

Subject : Environmental projects in Tacis

Subject : Environmental impact on withdrawn produce

The recent Court of Auditor's report has revealed pollution
to surface and underground waters in some regions of the

An official document from the Tacis Information Office

shows that in the period 1993 —1995 ECU 173,3 million
was set aside for ' nuclear safety and the environment '. It
appears from the same document that this sum includes

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 35

ECU 160,80 million for the Tacis nuclear safety assistance to mini-projects .), this totals ECU 43,5 million,
programme . demonstrating Tacis ' commitment to the environment .

Does this mean that in the period 1993 — 1995 only ECU

12,5 million was spent on environmental projects ?

Does the Commission not believe that this is quite
inadequate, and how does it plan to increase the proportion
of environmental projects in the Tacis programme as a
whole ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 16 February 1996 )

Environmental concerns have, since Tacis ' inception, played
an important role in the execution of the programme
through the integration of environmental aspects in
pursuing sectoral activities .

Moreover, between 1992 and 1995, seven important
environment-related programmes were launched :

— the global environmental facility ( GEF ) Black Sea
environmental management programme ( ECU 1
million ).

— the Aral Sea programme ( ECU 4,25 million ) helping to

manage the available water resources .

— the regional environmental facility ( ECU 4,25 million ),

supporting the environmental action programme for
central and eastern Europe ( EAP ).

— assistance to alleviate the effect of the Chernobyl

accident ( ECU 6 million ) on health, the environment and
agriculture .

— 1 995 inter-State environment programme ( ECU 12
million )

1, support for the EAP process by developing national
environmental action plans ( NEAPs )

2, an inland seas programme focusing on the Caspian,
Black and Aral Seas

3, promoting awareness and environmental media

— 1995 Lake Baikal programme ( ECU 14 million ).

— the Bangkok facility through which Tacis cooperates

closely with the European Bank for Reconstruction &
Development ( EBRD ) to stimulate much-needed
environmental investments ( ECU 2 million ).

Apart from the integration in other sectors, and the Bistro
facility (a fund managed by the Commission delegation in
Moscow, responding quickly to requests for financial

WRITTEN QUESTION E-3473 / 95

by Marco Celiai ( NI )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 61 )

Subject : Depositing of export declarations in customs

offices

How does the Commission reconcile the answer given to Mr
Cellai and Mrs Muscardini, authors of Written Question
E-2593 / 95 (') on customs formalities linked to the
operator's place of business and a proposed derogation,
with the terms of Regulation ( EC ) No 2221 / 95 ( 2 ) and the
provisions in force in various other Member States,
including Belgium and the United Kingdom ?

Does the Commission not take the view that a system could
be introduced in Italy similar to that applied in other
Member States such as Belgium which, without prejudice to
the application of the first part of Article 161(5 ), has
allowed export declarations to be deposited in certain
customs offices of export which are entered on a special
list ?

( 1 ) OJ No C 40, 12 . 2 . 1996, p . 40 .

( 2 ) OJ No L 224, 21 . 9 . 1995, p . 13 .

Answer given by Mr Monti
on behalf of the Commission

( 22 January 1996 )

Regulation ( EC ) No 2221 / 95, referred to by the Honourable
Member, lays down detailed rules for carrying out physical
checks at the time of export of agricultural products
qualifying for refunds, and also ' substitution checks '.

These two kinds of checks are to be made respectively by the
customs office at which the customs export formalities are
completed and by the customs office through which the
goods actually leave the customs territory .

The dual nature of the checks is therefore based on the

division of labour between export and exit customs offices,
as provided for in Article 161(5 ) of Regulation ( EEC )
No 2913 / 92 establishing the Customs Code ( 1 ).

The objective sought in the two Regulations is exactly the
same . For exports of agricultural products with a refund, the
different checks are of major importance in preventing or
detecting possible fraud . The sharing of responsibility for
the checks between two offices allows them to be conducted

No C 112 / 36 EN Official Journal of the European Communities 17 . 4 . 96

under the best possible conditions in order to ensure
maximum effectiveness of the measures taken by the
customs authorities .

The Commission has requested information from the
authorities of the Member State concerned regarding the
matter referred to by the Honourable Member . The reply
should enable the Commission to take any measures needed
to ensure that Member State applies the Customs Code .

C ) OT No L 302, 19 . 10 . 1992 .

WRITTEN QUESTION E-3474 / 95

by Marianne Thyssen ( PPE )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 62 )

Subject : SMEs and access to EU support measures

I understand from SMEs that there is limited access to EU

support measures . The latest report of the Court of Auditors
devotes several pages to the less than optimal working of the
Structural Funds . The Court concludes that the models

intended for SMEs often benefit large companies, and it sees
the causes as a lack of care in respect of the support criteria
and shortcomings in analysing the target group, in controls
and in evaluating the support provided .

throughout the Community whose role is to inform
businesses, in particular SMEs, about the European aid
programmes . Its function could become that of a
' first-stop-shop ' for SMEs . Moreover, within the EIC
network there is a sub-network specialized in access to the
Structural Funds . A regular Commission publication,
' Euro-Info ', with a run of several tens of thousands of
copies, is also aimed at informing SMEs and their
intermediaries . Furthermore, the Commission maintains
regular contact with the representative bodies of SMEs at
European level . Under the enterprise policy, it regularly
consults and informs these organizations on Community
activities which might be of interest to them . It is therefore
up to these European organizations to pass on this
information to their national relay centres .

As regards the Structural Funds, I would reiterate that the
Community programmes are drawn up in partnership
between the Commission, the Member States and the
regional or local authorities . Implementation of these
programmes takes place at regional level . It is therefore for
the regional authorities to include in the partnership, as
proposed by the Commission, those economic and social
operators which are likely to help ensure enhanced
consideration of the needs of SMEs and their greater
participation . The Commission encourages the Member
States to follow this approach, albeit while respecting the
principle of subsidiarity . Moreover, in an effort to improve
access by SMEs to European aid, the Commission is striving
to strengthen internal coordination with a view to
increasing the participation of SMEs .

the support provided . As regards the ' SME facility ', the entire ECU 1 000 million

of the global loans for SMEs has been committed via the
European Investment Bank, which is responsible for

problems with regard to interest subsidies implementing this system of low-interest loans for SMEs

ECU 1 million for 1994 / 95 ). SMEs report which create employment . The Commission was thus not
an administrative nature and lack of

directly entrusted with the implementation, although it
disseminated the information widely amongst potential
beneficiaries, and this led to a very rapid take-up of the

have any plans to resolve these appropriations available . The Commission had drawn the
, if so, how ? attention with fewer of than the EIB 250 to employees the need to, rather target this than facility at those at SMEs with

fewer than 500 employees, as was the EIB's custom . As a

Commission make more systematic use of result, more than 96 % of the appropriations were granted
and interprofessional organizations as a to businesses with fewer than 250 employees . The great
information on to SMEs ? success of this facility ( the appropriations available were

over-subscribed by 50% ) indicates that its operation and
the information for SMEs about this facility were
satisfactory .

Answer given by Mr Papoutsis

There are similar problems with regard to interest subsidies

(a facility of ECU 1 million for 1994 / 95 ). SMEs report
problems of an administrative nature and lack of
information .

Does the Commission have any plans to resolve these
problems and, if so, how ?

In future will the Commission make more systematic use of
professional and interprofessional organizations as a
channel for passing information on to SMEs ?

on behalf of the Commission

(1 March 1996 ) Finally, in the report on ' the role of SMEs as a dynamic
source of employment, growth and competitiveness in the
European Union ' (*), which it presented to the Madrid

The Honourable Member raises the well-known problem of European Council of 15 and 16 December 1995, the

access by small and medium-sized enterprises ( SMEs ) to Commission proposed that one of the priority actions
European aid . In order to resolve it, the Commission has set should be to strengthen the participation of SMEs in the
up information networks, the best known of which is the decision-making process at both Community and national
EuroInfoCentres network ( EIC ), which now has 250 EICs levels . The Commission will continue to pursue this essential

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 37

objective with a view to improving the dialogue between
SMEs and the European institutions .

(•) SEC(95 ) 2087 .

WRITTEN QUESTION E-3475 / 95

by José Apolinârio ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 63 )

Subject : European Environment and Tourism Prize

In view of the awarding of the European Environment and
Tourism Prize, and the ineligibility of the Algarve region's
Quinta do Lago private undertaking, can the Commission
provide me with details of the criteria on which the jury
based their decision, and particularly the reasons for not
considering a project on the scale of Quinta do Lago, which
is the very embodiment of a balanced approach to tourism
and conservation of the environment ?

Answer given by Mr Papoutsis

on behalf of the Commission

— to have implemented architectural and design
specifications to ensure the integration of buildings and
facilities in their environments ;

— to have organized tourism and environment training

programmes for professionals ;

— to have run campaigns designed to bring environmental

protection issues to the attention of visitors and
inhabitants ;

— to respect national and Community legislation
srupulously on matters related to sustainable tousim and
the environment .

The candidature of Quinta do Lago was examined as well
as the 57 other candidatures which were received .

Unfortunately, on the basis of the abovementioned criteria
and as a result of comparative examination of the
candidates, the jury did not retain Quinta do Lago for the
establishment of the short list and subsequently for the final
judging . It was up to the jury to make final choices on the
basis of agreed criteria, and the Commission cannot
comment on the reasons for not selecting a specific
project .

WRITTEN QUESTION E-3476 / 95

by Joaquim Miranda ( GUE / NGL )

(1 March 1996 ) to the Commission

( 18 December 1995 )

The selection of the winner of the European prize for
tourism and the environment at European level was a
two-stage process . The first stage consisted of an expert
group ( advised by the Commission ) which selected 25
short-listed candidates . These candidates were put forward
to the Eurpopean jury, composed of nine senior tourism and
environment specialists drawn from both the public and
private sectors, which made the final decision .

For both stages, the candidate destinations needed to meet a
maximum number of the following criteria :

— to have drawn up and implemented a tourism
development plan which respects the environment ;

— to have taken measures to ensure that the flow of visitors

is adequately distributed over the year and throughout
the entire region ;

— to have undertaken innovative forms of natural resource

management ;

— to have encouraged effective collaboration among all the

local authorities concerned ( both public and private ) as
well as among all the various administration levels ;

— to have protected natural sites actively ;

— to be committed to restoring buildings and sites that

have deteriorated ;

— to practise programmes for reducing environmental

nuisances and hazards noise, pollution, waste etc .;

( 96 / C 112 / 64 )

Subject : Community rules on slaughterhouses

Portugal's national slaughterhouse network continues to be
plagued by great uncertainty and growing problems,
following highly controversial closures of slaughterhouses,
building of new premises ( in many cases unfinished ) with
substantial Community funding, and an attempt to privatize
the public enterprises which own the network .

The need for the whole process of restructuring the
slaughterhouse network was argued on the basis of
Community Directives and guidelines .

I would ask the Commission :

What are the Community rules currently in force concerning
the closure of old slaughterhouses and the construction of
new ones ?

What procedures does it intend to adopt to take account of
premises which have not yet been closed down ( or those
which, as subsequent experience has shown, were closed
down by mistake ) and of the fact that Community
guidelines exist which make this compulsory ?

What does it intend to do with regard to Member States
which have not fulfilled their commitments in this area, after
receiving funds for updating their respective slaughterhouse
networks ?

No C 112 / 38 EN Official Journal of the European Communities 17 . 4 . 96

Answer given by Mr Fischler
on behalf of the Commission

( 29 January 1996 )

There are no Community rules requiring the closure of old
slaughterhouses .

The health conditions for the production and marketing
of fresh meat are laid down in Council Directive
64 / 433 / EEC ( l ), as amended by Council Directives
91 / 497 / EEC ( 2 ) and 95 / 23 / EC ( 3 ).

With a view to the completion of the internal market, the
rules for the production and marketing of fresh meat were
extended to the national markets .

These rules took into account the fact that certain

establishments would be unable to comply with all of the
new requirements by 1 January 1993 . In order to prevent
abrupt closures of establishments, the principle of limited
and temporary derogations from specific Community
health rules for establishments in operation before
1 January 1992 was accepted by the Member States under
certain conditions laid down in Council Directive
91 / 498 / EEC ( 2 ). These derogations were limited until
31 December 1 995 but the authorities may allow a
slaughterhouse which qualifies for a derogation additional
time to comply . In such cases, the operator must show, to
the satisfaction of the quthority, that he has begun to bring
the premises into compliance with the requirements of the
Directive but cannot, for reasons not attributable to him,
meet the time limits originally laid down .

In order to avoid any distortion of competition, the
Commission is inspecting abattoirs in the Member States .
The results of these inspections are forwarded to the
Member States so that any necessary measures may be taken
as soon as possible .

(') OJ No 121, 29 . 7 . 1964 .

( 2 ) OJ No L 268, 24 . 9 . 1991 .

( J ) OJ No L 243, 11 . 10 . 1995 .

WRITTEN QUESTION E-3477 / 95

by Joaquim Miranda ( GUE / NGL )

to the Commission

( 18 December 199 S )

( 96 / C 112 / 65 )

Subject : Labelling of agro-stock raising produce

There were good reasons underlying the Community
guidelines on labelling of Community quality agro-stock

raising products laying down that it was banned to use
the name of villages, towns or administrative districts
in product brand-names ( associated with a given
manufacturer ), namely to eliminate possible confusion
between the brand-name designation and the designation of
the product's place of origin .

A significant number of Portuguese cooperative
undertakings was obliged to change the labels of their
products for this reason . Nonetheless this guideline is still, in
some cases, being infringed in Portugal, for example the
multinational undertaking FARM continues to market oil
under the brand-name ' Vila Flor ', the name of the village
and local authority in Tras-os-Montes where its product is
packaged, although the undertaking in question ceased to
use oil from the Vila Flor Olive Growers ' Cooperative a long
time ago !

How does the Commission explain this situation ?

Answer given by Mr Fischler
on behalf of the Commission

( 29 January 1996 )

The situation described concerns the case of a multinational

firm using a geographical trade name ' Vila Flor ' having long
since stopped using the Vila Flor cooperative's oil .

On the one hand, where such names are concerned, Article 3
of Directive 89 / 104 / EEC approximating Member States '
laws relating to trade marks ( 1 ) lays down a number of rules .
For instance, the following may not be registered or, if
registered, they shall be liable to be declared invalid :

'. . . trade marks which consist exclusively of signs or
indications which may serve, in trade, to designate . . .
the geographical origin . . .'

and

' trade marks which are of such a nature as to deceive the

public, for instance as to . . . the geographical origin of
the goods or service .'

On the other hand, a group of Vila Flor producers could
conceivably ask in the future for this geographical name to
be registered as a protected designation of origin or
protected geographical indication within the meaning of
Council Regulation ( EEC ) No 2081 / 92 of 14 July 1992 on
the protection of geographical indications and designations
of origin for agricultural products and foodstuffs ( 2 ). If they
did so, this would lead to a clash with the Vila Flor trade
name . In that case, Article 14 of the aforementioned
Regulation, which is aimed at settling conflicts where a

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 39

geographical designation and trade name are identical or
similar, would apply .

0 ) OJ No L 40, 11 . 2 . 1989 .

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

WRITTEN QUESTION E-3483 / 95

by Hiltrud Breyer ( V )

to the Commission

(3 January 1996 )

( 96 / C 112 / 66

Subject : Bremen's bird protection Directive

1 . What action will the Commission take now that

Bremen has withdrawn the list of bird protection areas that
had already been submitted ?

2 . Is the withdrawal of this list by the new Bremen Senate
legal ?

3 . Will the Commission bring an action before the
European Court of Justice now that these areas are not
designated under the Bremen bird protection Directive ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 January 1996 )

The German Government has made no request to the
Commission to cancel the designation of protection areas
under Directive 79 / 409 / EEC on the conservation of wild

birds I 1 ).

There is thus no reason to adopt a position on the
discussions which took place on protection areas in the
territory of the town of Bremen .

P ) OJ No L 103, 25 . 4 . 1979 .

WRITTEN QUESTION E-3488 / 95

by Hiltrud Breyer ( V )

to the Commission

(3 January 1996 )

( 96 / C 112 / 67 )

Subject : Use of research appropriations

In paragraphs 3 and 4 of Question No P-2765 / 95 ( 1 ) of
3 October 1995 the Commission was asked how it would

fulfil its claim to transparency in respect of additional

appropriations and how it would guarantee that they would
not be awarded to the task forces . The Commission's

answer fails to mention the extent to which the

appropriations for the task forces are derived from the
framework research programme .

1 . On what Council and Parliament basis are these funds

skimmed off the framework research programme for the
task forces ?

2 . Mr Bangemann recently announced at a public meeting
in Stuttgart that some ECU 150 million would be spent
on the Automobile Task Force .

— What was the basis for Mr Bangemann's
statement ?

— When was a recommendation to this effect adopted

by the Council and / or Parliament ?

(!) OJ No C 66, 4 . 3 . 1996, p . 28 .

Answer given by Mrs Cresson

on behalf of the Commission

(1 February 1996 )

As the Honourable Member will be aware, the task forces
consist of members of the Commission staff . The task forces

as such are therefore not beneficiaries of funding under the
framework programme . The task forces have, however,
consulted widely in order to identify relevant research
activities under the specific programmes and to help ensure
that they are better coordinated and focused . As clearly
stated in the earlier reply to which the Honourable Member
refers, all such projects are financed in accordance with the
relevant decisions of the Fourth Framework Programme as
adopted by the Council and the Parliament .

The comments cited by the Honourable Member concerned
the sum identified by the relevant decisions launching the
Fourth Framework Programme under which the sum up to
ECU 700 million was foreseen for supplementary funding,
and pointed out that if this sum was divided between
projects in the five or so priority areas which the task forces
were considering, it would result in a proportion in the order
of ECU 150 million for each area, including that of the car, if
the decision was adopted .

The Commission's proposals for supplementary funding
under the research framework programme are in
preparation and will be addressed to the Parliament and
the Council in due course . It is to be noted that this

supplementary amont requires a revision of the ceiling of the
category 3 of the financial perspectives .

No C 112 / 40 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-3489 / 95

by Wolfgang Nufêbaumer ( NI )

to the Commission

(3 January 1996 )

( 96 / C 112 / 68 )

Subject : Cross-frontier activities of SMEs — employment

permits

The Commission supports all efforts to develop SMEs and
to have them operate across frontiers . Some SMEs have
complained that they have been unable to carry out orders in
other countries because the latter's authorities fail to issue

employment permits or fail to do so in time .

As regards work permits, they are no longer necessary for
the employment of EU nationals . However, if a Community
enterprise employs nationals of non-member countries,
Member States do in general require a work permit when
such workers are seconded to work in their territory . The
Court of Justice has ruled that this obligation is in some
circumstances contrary to the freedom to provide
services ('). The Commission is currently examining ways of
ensuring that the judgment of the Court is observed and of
encouraging the provision of services . The forwarding of
practical information on these problems by businesses
would be very useful for the purpose of such an
examination .

(') ' Vander Eist ' judgment, 1994 Reports, p . 1-3803 .

What influence can the Commission bring to bear on the
Member States with a view to developing the internal
market more quickly and preventing delays in the issue of
employment permits ? WRITTEN QUESTION E-3491 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

(3 January 1996 )
Answer given by Mr Papoutsis

on behalf of the Commission ( 96 / C 112 / 69 )

(3 March 1996 )

Subject : Naxos and the second Community Support
Framework

The Commission is aware that economic development and
the raising of living standards in border regions depend to a
large extent on the proper functioning of the internal market
regarding the exchange of products and the freedom to
provide services, in particular those of small and
medium-sized enterprises ( SMEs ).

Despite the completion of the internal market and the
introduction of the freedom to provide services, the
provision of services by SMEs across borders is sometimes
subject to the prior acquisition of a permit . Such permits are
granted by the authorities after an examination has been
carried out, and they cover areas such as VAT and
recognition of the professional skills of the craftsman or the
SME .

The Commission is aware of a small number of complaints
by SMEs resulting from the difficulties in acquiring permits
within a reasonable period of time .

Enterprises should first approach their regional or national
authorities in order to seek bilateral solutions, since
problems sometimes stem from the partial or incorrect
application of Community legislation by the local or
regional authorities, or from a temporary administrative
bottleneck .

It is only once this approach has been exhausted that
enterprises may send a complaint to the Commission, which
will give an appropriate response .

The Greek Government is seeking funds under the second
CSF to build a second major airport on the island of Naxos
when expanding the existing airport would be less
expensive, technically feasible, environmentally compatible
and cater fully to the needs of the islands in the region .

Given that :

— there is no logic or scientific basis ( in terms of
development, economics or ecology ) to the decision to
build another airport instead of the basic infrastructure
that Naxos so badly needs,

— if Naxos is to develop in an evenly balanced manner both

geographically and across the various sectors of its
economy, with tourism playing a key role, it is
imperative to build a complete road network, port
facilities, a water supply network, a sewerage system, a
sewage treatment plant and facilities for the storage,
processing and sanitary burying of refuse,

— failure to take up and utilize resources effectively from

the first CSF should lead to a review of the type of
programme selected which does not give rise to concerns
about squandering precious financial resources,

— the proposal to build a new airport on Naxos has led to

protests from 16 of the 22 communities on the island
and from numerous organizations,

17 . 4 . 96 I EN 1 Official Journal of the European Communities No C 112 / 41

will the Commission carry out surveys, in cooperation with
the relevant Greek authorities, to identify the island's needs
and then finance the projects to ensure that neither projects
nor proposals are open to criticism ? Will it also assist in
drawing up studies for building roads and port facilities, a
water supply network, a sewerage system and sewage
treatment plant for the island so that, depending on their
effectiveness, these projects can be incorporated in the plans
for 1996 when the programmes under the second CSF are
due for a complete revision ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(1 February 1996 )

The Commission has no knowledge of the project
mentioned by the Honourable Member but would certainly
give it the most detailed consideration were it to be put
forward for co-financing in the future .

As for implementation of the Community support
framework, 1989 — 1993, evaluations carried out show that
most of the funds have been put to satisfactory use .

The Commission agrees with the Honourable Member that
any co-financing for the building of new airports in the
Greek islands must meet objective criteria . Priority should
be given to those islands with no air links and not those
which already have airports .

WRITTEN QUESTION E-3492 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

(3 January 1996 )

( 96 / C 112 / 70 )

Subject : Urban environment

Having regard to :

1, the special report ( 4 / 94 ) of the Court of Auditors
concerning the lack of a specific framework and a global
approach in regard to improving the urban
environment,

2, the various Commission initiatives ( LIFE, Récite,
ERDF ), which cover a wide range of activities but suffer
from a lack of liaison and coordination between the

Commission's departments,

3, the need for an integrated, as opposed to a sectoral,
approach to urban systems, which are complex and
interdependent entities,

4, the fact that because of the sheer scale of their
development, the size of their population and the
number of activities they encompass, towns and cities
are the greatest sources of pollution, and

5, the lack of Community legislation following up the
Green Paper on the urban environment,

why has the Commission yet to convert its Green Paper on
the urban environment into a framework programme for
the management of the urban environment and does it
intend to draw up a framework Directive on the urban
environment in accordance with Parliament's resolution of

12 September 1991 ( Doc . A3-224 )( 1 )? If so, when ?

(!) OJ No C 2 67, 14 . 12 . 1991, p . 156 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 February 1996 )

The overall framework for Community environment policy
is the fifth environmental action programme running from

1993 to 2000 ( J ), in which actions to improve the urban
environment are an important priority . Indeed the majority
of actions required to implement the programme have an
important urban dimension . In addition implementation of
many of the legislative measures adopted at Community
level in areas such as waste, water and air quality require
close involvement of local authorities in urban areas . In its

proposal on the mid-term review of the programme ( 2 ) the
Commission indicates that it intends to place special
emphasis on the assistance required to support actions by
local authorities to implement it . In part this will follow on
from the work begun in 1993 under the sustainable cities
project . Documentation on this project is being transmitted
direct to the Honourable Member and to the Secretariat of

the Parliament .

Therefore the Commission does not consider it appropriate
to establish a specific framework programme or framework
Directive on the urban environment . However in the course

of 1996 the Commission will present a communication on
urban issues, which amongst other subjects will address the
issue of coordination of Community urban actions as raised
in the 1994 special report of the Cojart of Auditors .

0 ) COM(92 ) 23 .

( 2 ) COM(94 ) 453 .

No C 112 / 42 EN Official Journal of the European Communities 17 . 4 . 96

WR1TTEN QUESTION E-3503 / 95

by Siegbert Alber ( PPE ) and
Marlies Mosiek-Urbahn ( PPE )

to the Commission

(3 January 1 996 )

96 / C 112 / 71

Subject : Proposal for a Directive on access to the
ground-handling market at Community airports
and ongoing complaints procedures under
competition law on the same subject

The choice of Article 84 ( 2 ) of the EEC Treaty as the legal
basis for the proposal for a Directive on access to the
ground-handling market at Community airports (*) ensures
the involvement of the European Parliament and allows
competitive interests and transport interests to be
harmonized . This implies that the organization of the
market in ground traffic services forms an integral part of a
Community policy .

The proposal for a Directive provides the possibility of
derogations for airports which can be proved to have
problems of capacity or space . However, the present
wording of the Directive implies that, even after adoption of
the Directive and transposition by the Member States, and
even if the possibilities for derogations contained in the
proposal for a Directive have been correctly applied, the
Commission can make other decisions on the basis of

competition law . This raises questions regarding the way in
which the Commission reflects legislation which has been
democratically adopted under the cooperation procedure in
accordance with Article 189c of the EEC Treaty .

1 . The Directive is intended to achieve a balance between

competition and transport interests while guaranteeing
optimum use of capacity . What role, in the eyes of the
Commission, does competition law play in this
context ?

2 . How does the Commission intend to ensure that a fait
accompli which is incompatible with the Directive is not
created through individual decisions on the grounds of
competition law ?

3 . How is coordination between application of the
Directive and of competition law to be achieved,
particularly during the transitional period before
transposition of the Directive into national law ?

(') COM(94 ) 590 .

Answer given by Mr Van Miert

on behalf of the Commission

( 15 February 1996 )

The objective of the proposal for a Directive on access to the
ground-handling market at Community airports is to
remove restrictions on freedom to provide services, helping
to give the user a choice, reduce running costs for airlines
and improve the quality of services to users .

The provisions of the Directive are without prejudice to
application of the rules laid down in the EC Treaty, in
particular application of the Community competition rules .
This is because a Council Directive is a piece of secondary
legislation, the effects of which may under no circumstances
contravene application of the rules laid down in the
Treaty .

The Commission has the task of ensuring compliance with
the competition rules which help to guarantee the smooth
operation of the single market . The Commission intends to
continue the competition policy it has pursued hitherto,
naturally taking into account the specific circumstances of
each case referred to it and availing itself of all the existing
procedural guarantees, including hearing the parties
involved and obtaining comments from all interested parties
and the opinion of the Advisory Committee which
represents the Member States . Finally, the Commission
regularly reports to Parliament on the application of the
competition rules, in particular when it publishes its annual

report .

WRITTEN QUESTION E-3 523 / 95

by Werner Langen ( PPE )

to the Commission

(3 January 1996 )

( 96 / C 112 / 72 )

Subject : Misappropriation of subsidies and trafficking in

sugar

In its answer to Question E-243 8 / 94 (*), the Commission
Member responsible, Dr Franz Fischler, stated, in relation to
trafficking in sugar in the European Union, that the Italian
authorities had informed the Commission of the illegal entry
into Italy of 3 228 tonnes of ' C ' sugar .

The use of this sugar in the wine-making process had not
however as yet been confirmed .

Commission Member Dr Fischler further stated that the

Italian authorities had been asked to notify the Commission
of the outcome of their inquiries, especially as regards any
links to the wine sector .

Now that a further ten months have elapsed, I ask the

Commission :

1 . Are the results of the inquiries by the Italian authorities
referred to in the answer given on 8 February 1995 now
available ? If not, when did the Commission send a
reminder of its request to be notified of them ?

2 . What are the results as regards the possible use of this

sugar in the wine-making process ?

3 . What action has the Commission taken in the interim to

make transit arrangements impervious to fraud ?

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 43

4 . What figure does the Commission put on the total losses

incurred to date ?

(') OJ No C 139, 5 . 6 . 1995, p . 4 .

Answer given by Mrs Gradin
on behalf of the Commission

( 16 February 1996 )

The background to this undertaking was the justified
concern of the German wine industry that a combined abuse
of export refunds and reimport quotas could result in
considerable damage to European winegrowers .

1 . What is the outcome of the investigation into the market

and trade situation for the wine trade with the eastern

European countries ?

2 . What action has the Commission already taken ?

3 . What provisions are to be adopted ?
In addition to its reply to the Honourable Member's Written
Question E-2438 / 94, the Commission would now point out
that : 4 . What growth has there been in table-wine exports to the

countries of eastern Europe ?

1, and 2 . The inquiries conducted by the Italian
authorities have enabled it to be established that the

sugar was partially used in the wine-making process .
The Commission has asked Italy for precise information
on this item . It will inform the Honourable Member of

its findings .

3 . In line with its communication on fraud in the transit

procedures, solutions foreseen and perspectives for the
future i 1 ), the Commission is taking action to counter
fraud, such as the computerization of the transit
procedure and amendments to the legislation in force .
The 1996 annual work programme on the fight against
fraud ( 2 ) contains the details of the priorities decided for
this year .

4 . At this stage, the Commission estimates the total of
evaded levies to be approximately ECU 1,5 million .

(M COM(95 ) 108 .

( 2 ) COM(96 ) 17 .

WRITTEN QUESTION E-3524 / 95

5 . What, as aginst this, is the situation as regards growth in

imports of wines from eastern Europe into the European
Union ?

C ) OJ No C 152, 19 . 6 . 1995, p . 6 .

Answer given by Mr Fischler
on behalf of the Commission

( 26 January 1996 )

1 . Exports to key eastern European countries have been
influenced by the export refund scheme, as the Honourable
Member will see from the list sent directly to him, with a
copy to Parliament's Secretariat .

The answer to Written Question E-2593 / 94 described the
steps taken to cut the level of the refund and abolish
assistance for certain third countries in 1993, and to require
additional proof of bottling in the country of destination in

Werner Langen ( PPE ) 1994 . Following these moves, the volume of wine exports

to the Commission dropped sharply in 1994 and again ( though the data is
incomplete ) in 1995 .

by Werner Langen ( PPE )

(3 January 1996 )

( 96 / C 112 / 73 )

Subject : Export-refunds on exports of EU table wines to

eastern Europe

In the answer to Question E-2593 / 94 ( 1 ), the Commission
Member, Dr Fischler, announced that the Commission
would shortly be examining the market and trade situation
for the wine trade with eastern European countries in the
light of measures already adopted, and — should the
situation so demand — that other provisions would be
adopted .

2 and 3 . In the light of its examination of the market
situation for the Community wine sector, as well as the
specific context of GATT agreements seeking to reduce
overall export refunds each year to the year 2000 and the
volume of wine eligible for such refunds over the same
period, the Commission decided :

— to remove not only the countries of former Yugoslavia

but Hungary, Bulgaria and Romania from the list of
countries for which export refunds may be granted, all
three being producers and net exporters of wine enjoying
low-rate tariff quotas ;

No C 112 / 44 EN Official Journal of the European Communities 17 . 4 . 96

— to increase the level of export refunds so as to maintain

traditional trade flows ;

— to pay a final refund per hectolitre of wine exported, and

not, as at present, variable rates per hectolitre, according
to alcohol content ( Regulation ( EC ) No 2805 / 95 ) ( 1 ).

4 and 5 . In view of recent trends in trade flows in trade

flows with eastern European countries, the Commission has
decided to drop the requirement for extra proof of bottling
for table wines exported in bulk to certain eastern European
countries . It is no longer essentia '., since those eastern
European countries for which export refunds are still
available either produce no wine or export only minimal
amounts ; any abnormal trade would soon be spotted .
Moreover, the countries concerned receive no tariff
preferences of any importance .

Exports to the Community from the countries in question
fell slightly in 1994, but are generally in line with traditional
trade flows to the Community .

. (') OJ No L 291, 6 . 12 . 1995 .

WRITTEN QUESTION E-3535 / 95

The subcontractor's detailed financial report covering all
items of expenditure on the 1 995 Helios competition will
not be available until March 1996 .

WRITTEN QUESTION E-3542 / 95

by Roberto Mezzaroma ( UPE )

to the Commission

(3 January 1996 )

96 / C 112 / 75

Subject : Disabled and handicapped persons employed by

the European Union

Will the Commission state how many men and women who
are in any way disabled or handicapped are employed by the
institutions of the European Union and the Council of
Europe ?

What proportion of total production and of the work force
does this represent ?

What measures have been taken to help them integrate into
their working environment ?

by Richard Howitt ( PSE ) Answer given by Mr Liikanen

to the Commission on behalf of the Commission

(3 January 1996 ) ( 21 February 1996 )

( 96 / C 112 / 74

Subject : Helios prize-giving

Could the Commission give a breakdown of expenditure on
the Helios prize-giving ceremony, including spending on
juries visits, publicity about the event, costs of the ceremony
and travel expenditure associated with participation in this

event ?

Answer given by Mr Flynn
on behalf of the Commission

( 20 February 1996 )

To implement the Helios II programme, the Commission,
after issuing a call for bids, signed a contract with ' Lucas
stichting voor revalidate '. Amongst other things, this
contract covers activities associated with the organization of
the Helios competition . For this purpose, the contractor
signed a subcontract with Edinburgh's Telford College,
which is responsible not only for organizing the 1995 and

1996 competitions but also for drawing up and publishing
guides of good practice by the end of 19 96 .

As the Commission indicated in its answer to Written
Question E-1847 / 95 ( ] ) by Mrs Plooij-van Gorsel, data
concerning the number of disabled people working in the
Commission and other Community institutions is not
available . To obtain information on the employment of
disabled people by the Council of Europe, the Honourable
Member is advised to contact that independent
international body direct .

With respect to the second question, the Honourable
Member is referred to the Commission's answers to Written

Question E - 1 847 / 95 by Mrs Plooij-van Gorsel and Written
Question E-898 / 95 by Mr Howitt ( 2 ). An interdepartmental
working party was given a remit to frame a Code of Practice
for the Employment of Disabled People in conjunction with
organizations representing the disabled .

A draft Code of Practice on the Employment of Disabled
People is currently under review by several Commission
departments . When the review is completed, the document
will be presented to the interdepartmental working party for
evaluation and follow-up .

( ] ) OJ No C 91, 27 . 3 . 1996, p . 2 .

( 2 ) OJ No C 196, 31 . 7 . 1995 .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 45

WRITTEN QUESTION E-3551 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

(S January 1996 )

( 96 / C 112 / 76 )

Subject : Disadvantages suffered by farmers in the province

of Huesca in connection with the granting of
European Union subsidies

An expert study into the agricultural sector in areas along
the border of Aragon ( Ribagorza, Litera and Bajo Cinca )
shows that farmers in this region are clearly at a
disadvantage, by comparison with the neighbouring areas in
the Catalan province of Lérida, in terms of receiving EU
subsidies for yield per hectare .

According to the study, aid per hectare of irrigated land
stands at Ptas 37 910 in the Ribagorza district of Huesca,
while the corresponding figure in the Ribagorza district of
Lérida is Ptas 56 403 . Litera and Bajo Cinca receive aid to
the value of Ptas 43 000 per hectare, while neighbouring
districts such as Noguera and Segria on the Catalan side of
the border receive Ptas 52 000 .

The differences amount to between Ptas 7 000 and Ptas

10 000 in the case of the simplified irrigation system, again
to the advantage of the Catalan region .

With regard to the set-aside of irrigated land, the imbalance

between the Ribagorza district of Huesca and the Ribagorza
district of Lérida amounts to more than 40% . Farmers in

the province of Huesca receive aid to the value of Ptas
48 000, while their counterparts on the other side of the
border receive EU subsidies amounting to Ptas 71 000 .

With regard to specific products, there are significant

differences in the Ribagorza area, amounting to Ptas 9 000
for cereals and up to Ptas 22 000 for maize, while in the
districts of Litera and Bajo Cinca the differences range from
between Ptas 4 000 and 8 000 for cereals to Ptas 16 000 for

oilseeds by comparison with Noguera and Segria .

The time taken for such aid to be paid out is much shorter in
the neighbouring autonomous community of Catalonia,
which can be of great importance given the special situation
of this sector and the need for funds to be available as soon

as possible .

1 . Who provides the data on the basis of which aid per

hectare is fixed for the various areas, the autonomous
communities, the Member State or the Commission ?

2 . Where it is established that there has been

discrimination in the amounts of aid received by some
areas in relation to others, does the Commission have

the power to alter these amounts in favour of the
disadvantaged areas ?

3 . Does the Commission transfer aid sums on the same

date for all the autonomous communities ?

Answer given by Mr Fischler
on behalf of the Commission

( 29 January 1996 )

1, and 2 . Under Regulation ( EEC ) No 1765 / 92 ( )
growers of certain arable crops receive compensatory
payments for falls in cereal intervention prices on a yield
per hectare basis, established in accordance with historical
data in the regionalization plan drawn up by the Member
States in application of the subsidiarity principle . Hence
responsibility for producing the regionalization plan which
underpins the compensatory payments to producers is
entirely the responsibility of the Member State .

3 . Under the same Regulation the national authorities
must normally make the compensatory payments for arable
crops — other than oilseeds — between 16 October and

31 December . In the case of oilseeds an advance is paid
before 30 September, with the balance payable within
60 days of the date of publication of the definitive

compensatory amounts .

For the 1 995 harvest, under Regulation ( EC ) No 1904 / 95 ( 2 )
Spain was given exceptional permission to pay an advance
of 50 % on all compensatory payments to alleviate the effect
of the prolonged drought on farmers ' incomes .

í 1 ) OJ No L 181, 1 . 7 . 1992 .

( 2 ) OJ No L 182, 2 . 8 . 1995 .

WRITTEN QUESTION P-3555 / 95

by Daniel Féret ( NI )

to the Commission

( 18 December 1995 )

( 96 / C 112 / 77 )

Subject : Failure by the Member States to implement EEC

insurance Directives

As part of the process of creating the single market, the
Council adopted a series of Directives proposed by the
Commission ( 92 / 49 / EEC ( 1 ) and 92 / 96 / EEC ( 2 )) relating to
the insurance sector .

No C 112 / 46 EN Official Journal of the European Communities 17 . 4 . 96

Is the Commission aware that in the motor-vehicle

insurance sector the Member States are not applying the
binding provisions of these Directives and, what is worse,
insurance companies have organized a type of illegal cartel
amongst themselves and taken measures of a strictly
national interest preventing any consumer from taking out a
motor-vehicle insurance policy with a company in a
European Union Member State other than the one in which
the vehicle is registered ?

Does the Commission believe that the European public,
when confronted with an example like this of the failure of
Community law, can appreciate the progress heralded by
the Maastricht Treaty as regards both the completion of the
internal market and European citizenship, other than in
terms of the sacrifices that have to be made, with the benefits
still seeming distant and illusory ?

What practical measures does the Commission intend to
take to ensure the immediate enforcement by the Member
States and insurance companies of the legal provisions of the
Directives referred to above ?

Can the Commission say when the European public will be
able to benefit in practice from the right to take out a
motor-vehicle insurance policy with any company in any
Member State of their choice ?

(') OJ No L 228, 11 . 8 . 1992, p . 1 .

( 2 ) OJ No L 360, 9 . 12 . 1992, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

( 19 January 1996 )

The Commission is unaware of the existence of illegal cartels
between motor-vehicle insurance companies aimed at
preventing citizens of the European Union from taking out
motor-vehicle insurance policies under the freedom to
provide services .

Council Directives 92 / 49 / EEC and 92 / 96 / EEC, which
completed the internal market in insurance, have been in
force since 1 July 1994 . They lay down arrangements for
controlling the taking-up and pursuit of the business of
insurance which permit any Community insurance
company to write business in any Member State under the
right of establishment and the freedom to provide services ; a
single authorization is granted by the Member State in
which the head office is established and prudential
supervision is carried out by that Member State alone . These
legal arrangements replace the multiple authorizations and
supervisory systems previously applicable to Community
insurance companies, thereby making it easier to pursue the
business of insurance in the Community .

The Directives put an end to the situation prevailing in most
Member States until 1 July 1994, whereby residents were
prevented from taking out direct with an insurance
company established abroad a policy covering individual
risks . In addition, the legal arrangements established by the
Directives are aimed at ensuring that policyholders are
provided with adequate legal and financial guarantees by
any insurance company operating in the Community .

Since 1 July 1994 any citizen of the European Union has
been able, under the freedom to provide services, to take out
a motor-insurance policy with any Community insurance
company which wishes to operate under the freedom
to provide services and has complied with the provisions
of the relevant Community Directives, particularly
Directives 90 / 61 8 / EEC (') and 92 / 49 / EEC .

By 10 December 1995 all Member States except Greece had
notified the Commission of the measures they had adopted
to incorporate these Directives into national law .
Infringement proceedings have been initiated against Greece
and Spain for failure to respect the transposai deadlines laid
down .

The Commission is in the process of analysing the national
transposai measures adopted by the other Member States in
order to determine whether they are compatible with the
Community Directives . Should they prove not to be, the
Commission will take every available step, including the
procedure laid down in Article 169 of the EC Treaty, to
compel the Member States to observe Community law .

(') OJ No L 330, 29 . 11 . 1990 .

WRITTEN QUESTION E-3563 / 95

by Irene Crepaz ( PSE )

to the Commission

(5 January 1996 )

( 96 / C 112 / 78 )

Subject : Liberalization of the energy market : consumer

protection

1 . To what extent is it guaranteed that the fall in
electricity prices likely to occur as a result of increased
competition will actually be passed on to the consumer ?

2 . Ordinary households will in future still have to obtain
their electricity from regional or national ' electricity
distribution monopolies '. What guarantee is there that they
will not be having to fund, through their power bills, an
incorrect power purchasing or production policy pursued
by their electricity company ?

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 47

Answer given by Mr Papoutsis

on behalf of the Commission

( 9 February 1996 )

1 . One of the reasons for the Commission to insist that

distributors be included in the definition of ' eligible
customers ' in the debate on the internal electricity market is
the fact that distributors can indirectly pass on the benefits
of competition to captive customers and small and
medium-sized enterprises in their areas .

In addition, the Commission's amended proposal
concerning common rules for the internal market in
electricity of December 1 993 ( 1 ) allows for Member States to
regulate tariffs for suppliers to captive customers . This
means that Member States can make sure that price benefits
are really passed on to customers . The presidency
compromise text which was intensively discussed during the
second half of 1995 also contains this measure .

2 . As a first step in the gradual process of introducing
competition, based on the Commission's proposal, two
consumer groups will be able to participate in the free
market namely distributors and large consumers with an
annual consumption of over 100 GWh ( gigawatt hours ). In
a later phase of gradual liberalization this eligibility
threshold could be lowered to include a larger group of
consumers . As mentioned, Member States have the right to
regulate tariffs for consumers in a given area to ensure an
equal treatment of the consumers concerned . If a Member
State so wishes it can thus protect captive customers against
overcharging by distributors .

( 1 ) COM(93 ) 643 .

3 . Does the Commission regard the misogynistic attitude
of the Maltese Government as an obstacle to the successful

conclusion of accession negotiations ?

4 . If so, how does the Commission propose to bring
about a change of mind in Malta on these issues of women's
policy ?

Answer given by Mr Van den Broek

on behalf of the Commission

(8 February 1996 )

In its communication of 22 November 1995 to the Council

and Parliament entitled The European Union and the
external dimension of human rights policy : From Rome to
Maastricht and beyond (*), the Commission emphasized
that the Community considered to promotion of women's
rights to be a priority . Mindful of the conclusions of the
Fourth World Conference on Women ( held in Beijing in
September 199 5 ), the Commission, which played a very
constructive role both before and during the Conference,
will strive to uphold the principles adopted at the

Conference and promote the full involvement of women in
political, economic and social circles .

The Commission will of course take advantage of the recent
opportunities provided by the structured dialogue with
Malta to ensure that its government considers those
principles .

The Commission does not take the view that the absence of a

divorce law in Malta is a matter which needs to be raised in

the accession negotiations with the country . It is up to its

inhabitants to decide on this issue, in the same way that
others ( including the Community's own inhabitants ) have
had to in the past .

( 1 ) COM(95 ) 567 final .
WRITTEN QUESTION E-3564 / 95

by Irene Crepaz ( PSE )

to the Commission

(5 January 1996 )

{ 96 / C 112 / 79 )

WRITTEN QUESTION E-3572 / 95

Subject : Accession negotiations between the EU and
Malta

1 . At the World Women's Conference in Beijing the
Maltese Government refused to recognize violence against
women as a human rights violation . Does the Commission
agree with me that this issue must be raised by the EU in the
preparations for accession negotiations with Malta ?

2 . In what form does the Commission intend to raise the

issue of the absence of a divorce law in Malta in the context

of the accession negotiations ?

by Carole Tongue ( PSE )

to the Commission

(5 January 1996 )

( 96 / C 112 / 80 )

Subject : Greek ordeal of British dancers and models

Is the Commission aware of several recent incidents

concerning British models who were working in Greece ?
Whilst working there they were subjected to human rights

abuses and sexual harassment .

No C 112 / 48 EN Official Journal of the European Communities 17 . 4 . 96

What steps does the Commission intend to take to
investigate such human rights abuses encountered by
citizens of one Member State working in another Member
State ?

Answer given by Mr Flynn
on behalf of the Commission

( 28 February 1996 )

The Commission is keenly aware of the need to respect
human rights within the Community and, indeed,
throughout the world . However, the Treaties have given the
Commission no general powers to ensure respect for
fundamental rights . The only-powers the Commission has in
this regard relate to the application of Community law,
which is itself based on respect for fundamental rights .

There is widespread respect for human rights and
fundamental freedoms within the Member States, both
internally by way of the national legal systems, and
externally by way of the mechanisms set in place under the
Council of Europe's Convention on Human Rights and
Fundamental Freedoms .

The Commission has frequently voiced its concern about the
serious problem posed by sexual harassment for a large
number of people working in the Community .

On 27 November 1991, the Commission adopted a
recommendation on the protection of the dignity of women
and men at work ('), with an appended code of practice for
combating sexual harassment . The Commission will very
shortly ( April 1996 ) be adopting a report on the way in
which the Member States and the social partners have
implemented this recommendation .

Finally, the Commission has given priority status to
promoting the dignity of women and men at work in
its fourth Community action programme on equal
opportunities for women and men 1996 — 2000 ) ( 2 ).

No 1546 / 88 ( ] ) assigned to each producer the representative
fat content for the calendar year 1985 . This criterion meant
that the guaranteed quantities of milk were equal to those
for 1981, whilst the quantities of fat were those for 1985,
totally ignoring the fact that in various countries the fat
content rose considerably between 1981 and 1985 . Until
Regulation ( EEC ) No 1546 / 88 was published, the
correction coefficient applied to milk to obtain the corrected
production quantity allowed an increase in production of
0,26 % for every percentage point of increase in fat content,
whilst the Regulation lowers this figure to 0,18% . The
correct coefficient would in fact have been 0,28 . These
discrepancies are also clearly pointed out in points 4,30 et
seq . of the Court of Auditors ' Special Report No 4 / 93 and
have in fact enabled certain countries to be granted larger
reference quantities, whilst milk producers in countries
which are less-developed as far as stock-rearing is
concerned, have been assigned a reference fat content which
is much lower than the minimum laid down for milk

marketing and have had to pay heavy fines in order to be
able to produce milk with a fat content approaching the
Community average .

How does the Commission intend to remedy this situation,
which has favoured producers of milk with a high fat
content, who are the ones who have contributed most to
increasing the butter surpluses, because of calculation
coefficients favourable to them ? How does it intend to

ensure that the producers who have not yet reached the
minimum quality standards for milk achieve these targets
without being heavily penalized as far as total production is
concerned because of an inadequately low reference fat
content, which has not made allowance for the low level of
technological development of the dairy industry in those
countries ?

(') OJ No L 139, 4 . 6 . 1988, p . 12 .

Answer given by Mr Fischler
on behalf of the Commission

(') OJ No L 49, 24 . 2 . 1992 . ( 11 January 1 996 )

( 2 ) COM(95 ) 381 final .

WRITTEN QUESTION P-3576 / 95

by Giacomo Santini ( UPE )

to the Commission

( 19 December 1995 )

( 96 / C 112 / 81 )

Subject : Fat content of Community butter

Milk quotas were allocated on the basis of the quantities
produced in 1981 and the implementing Regulation ( EEC )

The milk quota system assigns each producer a
representative fat content coupled with an individual
reference quantity . If the representative content is exceeded
the quantity is increased by 1,8 % per gramme of additional
fat to the kilo . The system of supplementary levies has both a
quantitative efect on the volume of milk produced and a
qualitative effect on the fat content of the milk .

In practice the correction coefficient currently applied to fat
has been found a sufficient deterrent to the supply of milk
too rich in fat . The supplementary levy on the higher fat
content stands at 1 52 % of the value of the milkfat while the

levy on the production increase is 115 % of the target price
of the milk . In the 1 994 / 95 marketing year application of the
fat correction coefficient resulted in Belgium, Denmark,

17 . 4 . 96 EN Official Journal of the European Communitie - No C 112 / 49

Luxembourg, the Netherlands and the United Kingdom
overshooting the guaranteed quantities . Without the
correction, the only overruns would have been in Greece
and Ireland . The correction for the Member States as a

whole came to 2,5 million tonnes .

Under present market conditions, whith butter stocks low,
prices high and a shortfall for export, heavier penalties
for fat would cause disruption rather than improving

matters .

As regards the situation described by the Honourable
Member, we would point out that the representative fat
content for Italy was based on the 1991 / 92 figures while the
reference year for other Member States was 1985 / 86 . This is
advantageous, given the general rise in the fat content of
milk over the last ten years . Until 1992, in any case, by
contrast with the situation in the other Member States, the
quota system was applied to Italy on a global basis, so as not
to affect individual producers directly . Italy was also
granted an extra 900 000-tonne quota .

The Commission therefore feels it has already gone some
way to solving the real or potential problems to which the
Honourable Member refers . If something has to be done for
specific producers it is up to the Member State to mobilize
the necessary reference quantities from the national reserve,
which has been topped up with 235 000 tonnes from the
Community increase .

the company's continued existence, and that the IFA will
have ceased to be a majority shareholder . In December 1994
the European Parliament adopted a resolution calling on the
Commission to make available all possible assistance to the
company, whose closure would have been a disaster both
for Linares and the entire Andalusian region, which has the
highest levels of unemployment in the European Union . In
the light of the foregoing .

1 . How does the Commission assess the achievement of the

company, the trade unions and the workforce in helping
Santana Motor to become profitable again ?

2 . When does the Commission intend to conclude its

proceedings with regard to public aid for the
company ?

3 . Can the Commission give me any indication of its
position with regard to the outcome of these
proceedings ?

Answer given by Mr Van Miert

on behalf of the Commission

( 19 January 1996 )

The viability plan for Santana Motor that the Spanish
authorities have thus far sent to the Commission dates from

March 1995 and covers the period 1995 — 1997 . Besides
being a short-term plan, it does not provide for the
capitalization of the company . The social capital of the
WRITTEN QUESTION P-35 84 / 95 company remains at the same level as when the company
by Maria Aramburu del Río ( GUE / NGL ) was placed under the regime of suspension of payments .

to the Commission

(4 January 1996 ) The Spanish authorities sent further information in response

( 961 C 112 / 82 to the Commission's letter setting out its concerns regarding
the plan .

Subject : Proceedings concerning the Santana Motor
undertaking of Linares ( Jaén, Spain )

With the ending of the suspension of payments and the
re-opening of the assembly line in December 1 994 as a result
of an agreement with the creditors, the Santana Motor
factory in Linares ( Jaén, Spain ) has started to return to
normal over the last year, with losses being cut by almost
half . The Andalusian Autonomous Government's Instituto

de Fomento de Andaluria ( IFA — Andalusian Development
Agency ) has recently been considering a feasibility plan for

1996 — 1999, whose basic objectives include maintaining a
regular workforce of 2 000 and creating jobs in ancillary
undertakings . Dependence on Suzuki is also to be reduced,
and productivity and quality achieved on competitive terms .
The Government is confident, moreover, that by 1999, there
will be new financial and industrial partners guaranteeing

The Commission is assessing this information in the light of
the Community framework on state aid to the motor - vehicle
industry and according to the rules applicable to rescuing
aid and restructuring aid . The Commission will then take a
final decision as soon as possible .

The Commission is conscious of the social and economic

difficulties of the region where the company is located and,
as requested by the Parliament in its resolution of March

1994, is ready to cooperate with the Spanish authorities in
formulating a rescue plan compatible with the granting of
public aid .

No C 112 / 50 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION P-3588 / 95

by Friedrich-Wilhelm Graefe zu Baringdorf ( V )

to the Commission

(4 January 1996 )

( 96 / C 112 / 83 )

Subject : Enzymes produced by GMOs in the processing of

organic foodstuffs

Annex VI . to Regulation ( EEC ) No 2092 / 91 (') on organic
production of agricultural products and indications
referring thereto on agricultural products and foodstuffs
lists in Section B under ' Preparations of micro-organisms
and enzymes ':

( i ) Any preparation of micro-organisms and enzymes
normally used as processing aids in food processing,
with the exception of micro-organisms genetically
modified within the meaning of Article 2 (2 ) of Directive
90 / 220 / EEC ( 2 ).

Can the Commission clarify whether this means that
enzymes and other substances produced by genetically
modified organisms ( GMOs ) are currently permitted to be
used in the processing of products labelled organic in the
EU, without further decision by the Regulatory Committee,
or whether it means that they are not permitted at the
present time and that a further decision would be required to
place specific enzymes produced by GMOs on the positive
list ?

If the answer is that they are at present permitted :

1 . Is the Commission aware of any such substances which
are at present being used in organic products ?

manner of its production, be used as a processing aid in the
production of organic foodstuffs . The same goes for the
other ingredients or processing aids of non-agricultural
origin authorized in sections A and B of Annex VI and for
ingredients of agricultural origin that may be used in the
' conventional ' part permitted in prepared foodstuffs . Only
in the case of micro-organisms per se has a distinction been
made, namely that genetically modified organisms ( GMOs )
within the meaning of Article 2 ( 2 ) of Directive 90 / 220 / EEC
may be used neither as ingredients nor processing aids .

The Commission believes that the number of substances

obtained from GMOs and used in foodstuffs marketed as

organic is very small .

The Commission is currently looking at the whole issue of
the use of GMOs and their derivatives in organic production
with a view to preparing a report that the Council has
requested for the end of the year . This review will take
account of the views of the Member States and

non-governmental organizations concerned, especially
producers . Upon completion of the review, any necessary
steps will be taken to update the provisions now in
force .

WRITTEN QUESTION E-3593 / 95

by Jean-Pierre Bazin ( UPE )

to the Commission

( 10 January 1996 )

( 96 / C 112 / 84 )

2 . Is there any mechanism which would enable either the
Member State competent authorities or the Commission
to be informed if such GMO products were being used in
the processing of food sold as organic in the EU ? Subject : Aid . to shipbuilding in the former German
Democratic Republic — compliance with the
capacity reduction requirement
P ) OJ No L 198, 22 . 7 . 1991, p . 1 .

( 2 ) OJ No L 117, 8 . 5 . 1990, p . 15 .

Council Directive 92 / 68 / EEC ( ) of 20 July 1992 provides
for a 40 % reduction of capacity, which was estimated in

1990 at 545 000 compensated gross tonnes although
shipyards in the former German Democratic Republic had
Answer given by Mr Fischler never reached an annual production rate of that tonnage .
on behalf of the Commission

( 24 January 1996 )

The provisions to which the Honourable Member refers are
interpreted by the Commission as meaning that any enzyme
normally used in food processing may, irrespective of the

The Commission stated that this figure was based on a
detailed survey carried out by an independent consultant
and that, when the capacity reductions were achieved, i.e .
before 31 December 1995, in accordance with the
derogation granted under the Directive, it would be useful to
draw comparisons .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 51

Given the vital importance of such expert assessments, will
the Commission provide us with the survey carried out by
the independent consultant to determine shipbuilding
capacity in 1990 and technical details of the inspection
carried out by the Commission to ascertain whether each
shipyard had applied the capacity reductions provided for in
the Council Directive ?

(M OJ No L 219, 4 . 8 . 1992, p . 54 .

Answer given by Mr Van Miert

on behalf of the Commission

(1 February 1996 )

How the Commission justify such a decision in view of the
exceptionally heavy workload involved in transposing and
completing the Regulation on organic farming and
monitoring imports from third countries ? How can it
reconcile this staffing decision with the public statements by
Commissioner Fischler on the importance of adopting an
approach which links agriculture and the environment ?

WRITTEN QUESTION E-3596 / 95

by Friedrich-Wilhelm Graefe zu Baringdorf ( V )

to the Commission

( 12 lanuary 1996 )

( 96 / C 112 / 85 )

Subject : Administrative post in the Commission
responsible for organic farming

Is it true that the Commission has reduced the post
responsible for organic farming to half a post, as part of the
reappointment procedure, and has re-allocated the other
half post to plant protection ?

The Commission regrets that it is not possible to provide a Commissioner Fischler on the
copy of the report assessing the production capacity of the approach which links agriculture and
shipyards in the former GDR . The independent consultant's
report was not limited to the capacity question but also
covered commercial aspects of the further operation of
facilities at these yards . This information is still of Answer given by Mr
commercial relevance and the Commission is therefore on behalf ôf the
obliged to keep it confidential . ( 30 January 1996 )

Answer given by Mr Fischler
on behalf ôf the Commission

The Honourable Member will find further information on

the calculation of the shipyards ' capacity in 1990 in the
explanatory memorandum to the Commission proposal for
an amendment of the seventh Directive on aid to
shipbuilding of 2 1 December 1 990 ( 1 ) . In line with common
practice the calculation of capacity was mainly based on the
existing physical facilities, the number of employed staff and
work productivity .

As regards the monitoring of the capacity limitation during
implementation, the Commission would refer the
Honourable Member to its answer to Written Questions
E-2790 / 92 by Mr Blak ( 2 ) and E-1934 / 94 by Mr Niels ( 3 ).
In addition the Commission is sending direct to the
Honourable Member and the Secretariat-General of the

Parliament copies of the consultant's summary report .

The monitoring of the respect of the capacity limitations
after their entry into force is ensured by production
monitoring reports which have to be submitted to the
Commission every six months for each of the yards . Each of
the reports covers production in the preceding 18 months
and contains a forecast for the next 18 months .

H SEC(92 ) 991 .

( 2 ) OJ No C 195, 19 . 7 . 1993 .

( 3 ) OJ No C 24, 30 . 1 . 1995 .

The Commission has not reduced the number of staff

dealing with Community legislation on organic farming . It is
an important field with a role to play in the common
agricultural policy .

Following the departure of the official concerned for
another department, steps are being taken to fill the vacant
post as quickly as possible .

WRITTEN QUESTION E-3600 / 95

by Gerardo Fernandez      - Albor ( PPE )

to the Commission

( 12 January 1996 )

( 96 / C 112 / 86 )

Subject : Promotion of summer tourism in winter resorts

The seasonal nature of tourism in winter resorts means that,
once the snowy season ( lasting six months at most ) is over,
those working in such resorts are left without work and have
to resort to many different and insecure ways of making a
living .

A wide-ranging campaign is therefore under way to make
summer tourists aware that winter resorts can be used in

summer, given that they can offer special attractions at that
time of year .

No C 112 / 52 EN Official Journal of the European Communities 17 . 4 . 96

Does the Commission believe that campaigns should be
launched to make summer tourists aware that winter resorts

can be used in summer, so that the thousands of workers left
without work once the snow has melted can keep their jobs
and mountain resorts can maintain a degree of economic
activity during the summer in order to balance out the influx
of visitors to tourist areas ?

Answer given by Mr Papoutsis

encourage widespread VAT fraud . It is the Commission's
responsibility to watch out for and penalize such
discriminatory practices which jeopardize free
competition .

What steps does the Commission intend to take,
accordingly, to maintain fair, adequate competition in the
automobile sector ?

on behalf of the Commission Answer given by Mr Van Miert

on behalf of the Commission
(1 March 1996 )

(2 February 1 996 )

As far as the Community is concerned, one of the aims of the
action plan to assist tourism during the years 1993—1995

( Council Decision 92 / 421 / EEC ( 1 ) was the staggering of
holidays, to be carried out through the exchange of
information in public and private tourism sectors, as well as
through the support for coordination of actions to
encourage the use of tourist infrastructures outside the peak
season . Up to now, Community action has focused more on
the exchange of information and the results of this action
plan are now being evaluated .

The Commission shares the concern of the Honourable

Member about employment in tourism resorts, bearing in
mind that the fight against unemployment is one of the
priorities of Community action, according to the white
paper on growth, competitiveness and employment ( 2 ) .
However, campaigns like those cited by the Honourable
Member are the responsibility of national, regional and
local authorities of the Member States, as well as of the
tourism industry itself .

(') OJ No L 231, 13 . 8 . 1992 .

( 2 ) COMÍ93 ) 700 .

WRITTEN QUESTION E-3603 / 95

by Raymond Chesa ( UPE )

to the Commission

( 12 January 1996 )

( 96 / C 112 / 87 )

Subject : Serious distortions affecting automobile
distribution in the European Union Member
States

The Commission has just renewed the authorization for
exemption in the automobile sector, thereby reaffirming its
support for selective, exclusive distribution . However,
serious distortions are arising owing to substantial currency
devaluations and inconsistent tariff policies varying
considerably from one Member State to the next .
These price differences amount to discriminatory
practices towards both distributors and consumers, and

The Commission is aware of the potential impact on the
automobile sector of currency fluctuations and pricing
policies which vary considerably from one Member State to
the next .

With regard to competition policy as a form of intervention,
it should be remembered that the European car industry
already benefits from important derogations from the
competition rules .

The new Regulation ( Commission Regulation ( EC )
No 1475 / 95 of 28 June 1995 ) on motor vehicle
distribution ( ] ) authorizes the maintenance of very
substantial restrictions of competition . Dealers may enjoy
territorial protection and manufacturers have the power to
prohibit them from supplying vehicles to unauthorized
resellers . However, under the new Regulation, dealers must
be free to sell vehicles to final consumers in the Community
— whether directly or through an authorized intermediary
— and to other dealers belonging to the same distribution
network . These provisions have opened the way to parallel
imports, which contribute to economic interpénétration and
the opening-up of national markets . Parallel imports are
essential to harmonization in the single European market,
a process which is beneficial both to Community
manufacturers, whose natural market is enlarged, and to
consumers wishing to purchase vehicles in the Member State
of their choice . The Commission will continue to ensure that

these rules are applied in all the Member States .

Purchases in a Member State of new vehicles for export to
another Member State are effected tax-free . The purchase
price is therefore not affected by taxation policy in the
Member State of origin . However, in the Member State of
destination, imported new vehicles are subject to VAT and
any other registration taxes in force there . So there can be no
question of price distortions resulting from differences in
taxation between parallel imports of motor vehicles into a
Member State and vehicles purchased in that same Member
State . This system of charging tax in the Member State of
destination, which is normally the ultimate purchaser's
place of residence, make it possible to prevent tax fraud .
Indeed, it has not come to the Commission's attention that
such fraud is taking place .

f 1 ) OJ No L 145, 29 . 6 . 1995, p . 25 .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 53

QUESTION E-3608 / 95 Community grants and the exact amount of these grants

Jean-Yves Le Gallou ( NI ) during the last financial year for which accounts have been

closed ?
to the Commission

WRITTEN QUESTION E-3608 / 95

by Jean-Yves Le Gallou ( NI )

( 12 January 1996 )

( 96 / C 112 / 88 )
Answer given by Mr Oreja
on behalf of the Commission

Subject : Community subsidies to associations, NGOs and ( 28 February 1996 )

various bodies

Can the Commission provide a detailed list of the
associations or bodies receiving Community subsidies under
budget item A-3091 ( Women's Forum ) and the exact
amount of such subsidies for the financial year that has just
ended ?

The Commission is sending direct to the Honourable
Member and to Parliament's Secretariat a computer
print-out containing the information requested .

WRITTEN QUESTION E-36 14 / 95

Answer given by Mr Flynn
on behalf of the Commission

by Jean-Yves Le Gallou ( NI )
( 29 February 1996 ) to the Commission

The description of budget heading A-3091, entitled
' Women's Forum ', points out that ' this appropriation is
intended to enable the Women's Forum to operate . Like the
Youth Forum, the Women's Forum has become an essential
adjunct to Community measures in support of women .' The
amount allocated to the Lobby in 1995 was ECU 450 000 .
This heading is therefore not intended for awarding grants
to associations but to ensure the operation of a specific
association representing women in Europe .

The European Women's Lobby is the largest coordinating

body for national and European non-governmental
organization ( NGOs ). Its current membership is over 2 600 .
Its aim is to represent the interests of women's NGOs in the
European institutions and to inform of Community
developments in the field of equal opportunities, in order to
bring about truly equal opportunities and treatment for
European women . In 1995, the Lobby concentrated its
actvities on preparing the fourth Community action
programme on equal opportunities, the Fourth United
Nations World Conference on Women, held in Beijing, and
the 1996 Intergovernmental Conference .

WRITTEN QUESTION E-3613 / 95

by Jean       - Yves Le Gallou ( NI )

to the Commission

( 12 January 1996 )

( 12 January 1996 )

( 96 / C 112 / 90 )

Subject : Community grants to associations, NGOs and

other bodies

With regard to Item B3-4113 ( Measures to assist refugees ),
could the Commission give a complete list of associations or
bodies which receive Community grants and the exact
amount of these grants during the last financial year for
which accounts have been closed ?

Answer given by Mrs Gradin
on behalf of the Commission

( 27 February 1996 )

During the last financial year for which accounts have been
closed, no association or other body received Community
grants on the basis of item B3-4113 .

WRITTEN QUESTION E-3615 / 95

by Jean-Yves Le Gallou ( NI )

to the Commission

( 12 January 1996 )

( 96 / C 112 / 89 ( 96 / C 112 / 91 )

Subject : Community grants to associations, NGOs and

other bodies

With regard to Article B3-300 ( General information and
communication work ), could the Commission give a
complete list of associations or bodies which receive

Subject : Community grants to associations, NGOs and

other bodies

With regard to Item B3-4110 ( Free movement of workers
and measures to benefit migrants and to combat racism and
xenophobia ), could the Commission give a complete list of

No C 112 / 54 EN Official Journal of the European Communities 17 . 4 . 96

associations or bodies which receive Community grants and
the exact amount of these grants during the last financial
year for which accounts have been closed ?

Answer given by Mr Flynn
on behalf of the Commission

totalling ECU 738 606 which was provided for the purpose
of clearing its debts upon the suspension of its activities
during this period .

( 18 March 1996 )
WRITTEN QUESTION E-3636 / 95

by Brendan Donnelly ( PPE )
In view of the length of its answer, the Commission sending to the Commission
it direct to the Honourable Member and to Parliament's
Secretariat . ( 12 January 1996 )

WRITTEN QUESTION E-3617 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 12 January 1996 )

{ 96 / C 112 / 92 )

Subject : Foundation for ACP-EEC Cultural Cooperation

Can the Commission say how much the European
Foundation for ACP-EEC Cultural Cooperation pays by
way of rent ?

Can it also say how many Commission officials are on
secondment to the Foundation ?

Lastly, what is the value of the funding provided ?

( 96 / C 112 / 93 )

Subject : Failure of Greek social security authorities to

implement Regulation ( EEC ) No 1408 / 71

Further to Written Question E-2411 / 95 ( 1 ) when is the
Commission planning to take action against the Greek
authorities for their failure to implement Regulation ( EEC )
No 1408 / 71 ( 2 ), under which Mr A. Zafiropoulos is owed
benefits from the Greek social security authorities dating
back to 1992 ? ( Commission reference 013266 )

(') OJ No C 326, 6 . 12 . 1995, p . 45 .

( 2 ) OJ No L 149, 5 . 7 . 1971, p . 2 .

Answer given by Mr Flynn
on behalf of the Commission

(1 March 1996 )

The Commission would inform the Honourable Member

Answer given by Mr Pinheiro that it intends to bring an action against Greece before the

on behalf of the Commission Court of Justice for failure to fulfil its obligations under

Community law .
( 19 February 1996 )

When the Foundation left the premises it occupied in

Brussels, at the termination of its lease upon the suspension
of its activities in 1994, the monthly rent, under the terms
of the lease signed at the end of 1990, amounted to
Bfrs 178 611 .

No Commission official was seconded to the Foundation,
which, upon the suspension of its activities, discharged its
four employees who comprised one secretary, two
administrative officials, and the General Secretary of the
Foundation who, since its establishment in 1986 and
until July 1993 had carried out his functions on a
non-remunerative basis .

Between 1987 and 1991 the Foundation received

approximately ECU 3 million from the Sixth European
Development Fund . Under Article 141 of Lomé Convention
IV and Annex XXII thereto, the Foundation received
successively in 1992 and 1993 three grants from the seventh
EDF totalling ECU 2,25 million ; in addition to this sum the
Foundation received a grant approved in June 1994

WRITTEN QUESTION E-3638 / 95

by Terence Wynn ( PSE )

to the Commission

( 12 January 1996 )

( 96 / C 112 / 94 )

Subject : Black market for tobacco ( cigarettes ) within the

borders of the EU

The black market for cigarettes in Germany and Italy is
supplied by the US .

First port of call for most of these cigarettes is Belgium . Not
surprisingly, US cigarette exports to Belgium increased from
51 billion units in 1993 to 72 billion units in 1994 .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 55

1 . Can the Commission account for the destination of

these cigarettes when they leave Belgium ?

2 . Would it be possible for the Commission to exert

increased control over ' transit ' cigarette imports
entering the EU from the US via Belgium ?

3 . Does the Commission have, or does it propose to have,
any form of cooperation agreement with the tobacco
industry in order to control the flow of such
' transit' / black market cigarettes ?

Parliament recommended that a conference be arranged to
' encourage discussion and analysis of the results of the
policies in force as laid down by the relevant 1 96 1, 1 97 1 and

1988 UN Conventions so as to permit a possible revision of
those conventions '; however the conference that was held
did not tackle these issues directly .

Does the Commission intend to use the results of the

seminar in question to prepare for a conference that would
be wider in scope and aimed at evaluating and possibly
revising existing policies on drugs, in line with Parliament's
request ?

Answer given by Mrs Gradin
on behalf of the Commission
(') OJ No C 166, 3 . 7 . 1995, p . 116 .

( 26 February 1996 ) ( 2 ) OJ No C 269, 16 . 10 . 1995, p . 65 .

The Commission is aware of large-scale re-shipments of
American cigarettes following their initial importation into
the Community, and especially of United States cigarettes
entering Belgium . The bulk of these cigarettes is declared for
export to third countries including the former Soviet Union,
the Balkan region, Switzerland, as well as Mediterranean
and African destinations .

Formal customs control over such shipments whilst
transiting Community territory is exercised by the national
authorities of the Member States . However, as noted in the

1996 annual work programme on the fight against fraud ( 1 ),
the Commission is giving a high priority to the
reinforcement of transit controls, in line with its 1995
communication ( 2 ).

Within the framework of its control programme and the
activities of the cigarette task group, the Commission
welcomes the full cooperation of cigarette manufacturers . In
this respect, the Commission is currently in contact with
some of the main producers .

(') COM(96 ) 17 final .

( 2 ) COM(95 ) 108 final .

Answer given by Mrs Gradin
on behalf of the Commission

( 20 February 1996 )

The conference on drugs policy in Europe, which took place
in Brussels on 7 / 8 December 1995, at the joint initiative of
the Commission, the Spanish Presidency and the Parliament,
was principally aimed at identifying the common elements
in the Member States drugs policies and legislation . It
initiated a reflection on the comparison of legislation and its
implementation in practice as well as on the possible need
for harmonization .

The Commission intends to pursue the reflection on the
judicial implementation of legislation in order to identify
further the degree of convergence between Member States .
It plans to organize jointly with the Parliament and the
Italian Presidency a follow-up seminar on this issue .

Evaluation and possible revision of the United Nations
conventions on drugs are beyond the scope of these
WRITTEN QUESTION E-3642 / 95 activities .

by Marco Pannella ( ARE )

to the Commission

The Commission also intends to organise an exchange of

( 12 January 1996 ) information based on the results of the conference with the

( 96 / C 112 / 95 ) major Community partners as a follow-up to the drugs
conference .

Subject : Evaluation and possible revision of EU policy on

drugs

The recent joint seminar ( involving Parliament, the Council
and the Commission ) on drugs held in Brussels on 7 and

8 December 1995 was convened at the request of
Parliament ( Stewart-Clark [ A4-136 / 95 (*)] and Burtone

[ A4-171 / 95 ( 2 )J reports ).

A copy of the conclusions of the conference on drugs policy
in Europe is forwarded direct to the Honourable Member
and the Secretariat-General of the Parliament .

No C 112 / 56 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-3649 / 95

by Roberta Angelilli ( NI )

to the Commission

( 12 January 1996 )

( 96 / C 112 / 96 )

Subject : Inspection carried out vis-à-vis the Lazio regional

authorities

With reference to an inspection carried out from 9 to

13 January by officials from DG XX ( financial control )
vis-à-vis the Lazio regional authorities, can the Commission
state whether, as the Lazio authorities are claiming, such
auditing can be concluded without any report or other
specific certifying document being drawn up ?

If not, in other words, if it is compulsory that a report be
drawn up, what are the time-limits within which the results
of inspections must be made public ?

Answer given by Mrs Gradin
on behalf of the Commission

( 15 February 1996 )

The Commission would refer the Honourable Member to its

answer to her Written Question E-2387 / 95 ( 1 ) where it
stated that the results of controls ( like the one to which
the Honourable Member refers ), carried out by the
Commission pursuant to Article 23 of Council Regulation

( EEC ) No 4253 / 88, amended by Council Regulation ( EEC )
No 2082 / 93 ( 2 ), are the subject of a confidential
Commission report, a copy of which is forwarded to the
Court of Auditors . The results of the controls are also made

available to the national authorities .

( 1 ) OJ No C 311, 22 . 11 . 1995 .

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

WRITTEN QUESTION E-3652 / 95

3 . Are there investigations and programmes to protect the
consumer from over-indebtedness, for example in the
form of particular information, rules for access to
consumer credit, the promotion of debtors advice
bureaus ?

Answer given by Mrs Bonino

on behalf of the Commission

( 12 February 1996 )

The Commission is aware of the serious nature of the

problem of over-indebtedness in the Community which it
analyses in its report on the operation of Directive
87 / 102 / EEC ( ] ) ( consumer credit ). This report is currently
under discussion in the Legal Affairs Committee of the
Parliament .

At present, eight Member States already have specific rules
dealing with over-indebtedness ( Belgium, Denmark,
Germany, France, Ireland, Austria, Portugal, Finland,
Sweden and the United Kingdom ). In Belgium, Luxembourg
and the Netherlands, draft legislation is nearing the
parliamentary stage .

At Community level, the Commission has put forward
possible solutions in its abovementioned report on
consumer credit and proposes to examine the application of
rules governing over-indebtedness in Member States and to
study the need for Community intervention, taking into
consideration the principles of subsidiarity, consumer
protection and free movement of people . The Commission
will also examine non-regulatory mechanisms which
might be proposed to deal with the problem of
over-indebtedness .

As described in the report, the Commission has supported
projects dealing with over-indebtedness in different
Member States, as part of its general information and
education programmes on consumer policy, and more
specifically as an aspect of consumer credit . Such projects
include debt-advice projects, support for professional
networks and contacts, and the development of computer
programmes for credit-calculation and debt-advice, now
used ( or being adapted for ) in several Member States .

by Ilona Graenitz ( PSE ) (M COM(95 ) 117 .

to the Commission

( 12 January 1996 )

( 96 / C 112 / 97 )

WRITTEN QUESTION E-3659 / 95
Subject : Private insolvency by Marie-Paule Kesteliin-Sierens ( ELDR )

to the Commission

The over-indebtedness of European households is a serious
problem . Some countries have therefore enacted legislation
on private insolvency and set up debtors advice bureaus .

1 . In which Member States is there the possibility of private
insolvency ?

2 . What legal initiatives exist on a Community level

regarding this ?

( 12 January 1996 )

( 96 / C 112 / 98 )

Subject : Shipments of waste for recovery

In accordance with Article 5 of Directive 91 / 156 / EEC ( 1 )
amending framework Directive 75 / 442 / EEC ( 2 ), the

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 57

Community as a whole, and the Member States individually,
must become self-sufficient in waste disposal . However, this
principle is not repeated with regard to waste for

recovery .

Can the Commission state :

1, whether it is true that RDF ( Refuse Derived Fuel ) is a
waste for recovery which is not on one of the lists
provided for in Regulation ( EEC ) No 259 / 93 ( 3 ) and is
therefore subject, pursuant to Article 10, to the rules
applicable to shipments of amber list wastes for
recovery ? If not, what rules apply to RDF in respect of
shipments to other Member States ?

2, whether, on the basis of national legislation, a Member
State may use the self-sufficiency principle to lodge
objections to shipments of waste for recovery ?

3, if not, whether the Netherlands waste plan — the
' Ten-year waste programme : 1995 — 2005 ' — which
results in waste-processing practices which distort
competition contravenes European legislation,
and in particular Directive 75 / 442 / EEC as amended
by Directive 91 / 156 / EEC and Regulation ( EEC )
No 259 / 93 ?

4, whether it has any information on the useful
applications of RDF ?

(') OJ No L 78, 26 . 3 . 1991, p . 32 .

( 2 ) OJ No 194, 25 . 7 . 1975, p . 39 .
(•') OJ No L 30, 6 . 2 . 1993, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 13 February 1996 )

1 . The answer to the question whether refuse derived fuel

( RDF ) is a waste for recovery depends first of all on the
definition of waste as laid down in Article 1 ( a ) of Directive
75 / 442 / EEC as modified by Directive 91 / 156 / EEC, which
states that a waste is

' any object or substance [. . .] which the holder discards,
intends to discard or is required to discard '.

A decisive interpretation as to whether the definition is of
application in a specific case can only be given by a court and
in the last instance by the Court of Justice .

If it is determined that it is a waste and if it is shipped in the
sense of Regulation ( EEC ) No 259 / 93 for recovery in
another Member State, then Article 10 indeed applies in
view of the fact that RDF does not feature in Annex II, III or
IV of this Regulation .

2 . The Commission is of the opinion that the principle of
self-sufficiency is only of application to shipments of waste
destined for ( final ) disposal and therefore cannot be used by
a Member State to object to shipments of waste destined for

recovery .

3 . The Commission has received several complaints with
regard to the Dutch waste plan and in this framework is
examining the possible infringement by the plan ( in
particular the application of the self-sufficiency principle by
the Dutch authorities ), of Community legislation and in
particular of Directive 75 / 442 / EEC as modified by Directive

91 / 156 / EEC and Regulation ( EEC ) No 259 / 93 .

4 . The Commission does not have information

concerning recovery methods for RDF .

WRITTEN QUESTION E-3660 / 95

by Bartho Pronk ( PPE ) and Leen van der Waal ( EDN )

to the Commission

( 12 January 1996 )

{ 961 C 112 / 99 )

Subject : Violation of the rights of Christian minorities in

Turkey

We have recently received reports of problems experienced

by various Christian minorities in Turkey, including the
enforced closure of seminaries and theological training
establishments of the Armenian Orthodox, the Syrian
Orthodox and the Greek Orthodox Churches in Turkey

( the Holy Cross seminary of the Armenian Orthodox
Church and the Halki theological school of the Greek
Orthodox Church have been shut down since 1971 ). There
have also been reports of church buildings being sabotaged
and even of expropriation of church property by the
authorities without compensation . Occasionally there has
also been a witch hunt against Armenian and Syrian
Christians because of alleged support for the PKK .

1 . Can the Commission confirm these reports ?

2 . What action does the Commission intend taking against

this violation of the right of freedom of religion of

Christian minorities in the light of the customs
agreement recently concluded with Turkey ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 16 February 1996 )

The Commission is unable to confirm at this stage the
information reported by the Honourable Members .

No C 112 / 58 EN Official Journal of the European Communities 17 . 4 . 96

The Commission has asked its Representation in Ankara
and also the Turkish authorities, via Turkey's Permanent
Delegation in Brussels, for informaiton on the alleged
occurrences referred to by the Honourable Members .

What control values for titres were established in the

experiments that failed to demonstrate the infectifility of the
organs listed above, specifically as regards

( a ) the brain,

As soon as it has the necessary information the Commission
will consider what action might be taken . ( b ) the spinal cord,

( c ) the iluem ?

WRITTEN QUESTION P-l / 96

by Irene Soltwedel-Schâfer ( V )

Supplementary answer given by Mr Fischler

on behalf of the Commission

to the Commission (1 March 1996 )

(9 January 1996 )

( 96 / C 112 / 100 )
Further to its answer of 2 February 1996 (*), the
Commission is sending the information requested direct to
the Honourable Member and to Parliaments ' Secretariat .

Subject : Validation of in vivo experiments serving to

confirm of rule out infectibility of tissue with the
BSE pathogen

The Commission's answer to Oral Question 1 14, H-837 / 95,
states that infectibility with the BSE pathogen could not be
established in tests on any of the following organs :
peripheral nerve fibres, muscles, the liver, kidneys,
blood / serum, the bladder, bone marrow, and lungs .

It has been demonstrated that the liver is a seat of infection

in sheep, goats, mice, and mink which have contracted
spongiform encephalopathies . How many of the
independent experiments that produced these scientific
findings are known to the Commission ? What tissue
samples and particular animal species were used in those
experiments ? How far can the experiments which failed to
detect specific BSE-infected tissue in cows be compared
with those that revealed the presence of tissue infected
with scrapie ? What is the extent and nature of the
differences ?

The spleen has been shown to be infectible in sheep, goats,
mice, mink, and humans that have contracted spongiform
encephalopathies . How far can the tests which failed to
establish infectibility in cows ' spleens be equated with or
distinguished from the scientific experiments which have
demonstrated that the spleen can be infected in sheep, goats,
mice, mink, and humans ( in terms of the number of tests, the
number of tissue samples, the titres measured in control
experiments on the brain, spinal cord, and ileum, and so
forth )?

In a 1994 experiment to determine the route by which BSE
spreads when transmitted orally, 4-month-old calves where
fed with BSE-infected brain . The agent which causes BSE
was detected in the ileum ( distal end of the small intestine ) of

10 - and 14-month-old test animals . What scientific methods

were used to obtain these findings and in what respects can
they be compared with the experiments which failed to
confirm the infectibility of bovine tissue ( see above )?

( ] ) OJ No C 91, 27 . 3 . 1996, p . 68 .

WRITTEN QUESTION P-2 / 96

by Gary Titley ( PSE )

to the Commission

(9 January 1996 )

( 96 / C 112 / 101 )

Subject : ' Permit to Stay ' rules in Italy

Is the Italian Government acting contrary to EU rulings by
requiring British citizens resident in that country to apply
for a permit to stay, such as the Carta di Soggiorno ?

Would the Commission raise this matter with the Italian

authorities with a view to ending this practice ?

Answer given by Mr Monti
on behalf of the Commission

(9 February 1996 )

The Honourable Member is referred to the Commission's
answer to Written Question E-531 / 95 by Mr Smith (*),
which indicates that, as Community law stands, a national
of a Member State who intends to reside for more than three

months on the territory of another Member State is required
to apply for a residence permit . As described, the practice of

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 59

the Italian authorities does not therefore appear to be in size and financial importance of the applicant entreprise .
breach of Community law . Moreover, the agency, which must also consider the total

number of applicants and the limited resources available for
C ) OJ No C 277, 23 . 10 . 1995 . this programme, believes that the investment can be realised
without grant from the Objective 2 programme .

WRITTEN QUESTION P-3 / 96

WRITTEN QUESTION P-6 / 96

by Christian Rovsing ( PPE )

by Pierre Carniti ( PSE )
to the Commission

to the Commission

(9 January 1 996 ) ( 11 January 1996 )

( 96 / C 112 / 102 ) ( 96 / C 112 / 103 )

Subject : Management of Objective 2 aid to North Jutland

District, Denmark

The District of North Jutland, in common with parts of the
District of Storstrom, receives Objective 2 financial aid for
areas in industrial decline from the European Regional
Development Fund . However, a local Danish firm which
had previously been promised aid by the Objective 2
management committee to enable it to expand its activities
in the area recently had its application rejected following the
intervention of the Danish Ministry of Trade and Industry's
Department for the Promotion of Enterprise on the grounds
that the firm's financial position was ' too good ' and that
Objective 2 aid was reserved for businesses that were not
capable of financing job-creating projects independently .
The firm in question is now considering expanding its
activities in eastern Germany instead where it believes that it
stands a better chance of receiving regional aid .

Is the Commission satisfied that the management of
Objective 2 aid by the Department for the Promotion of
Enterprise — and, therefore, by the Danish Government —
in this specific case, is consistent with the guidelines for
payment of that aid, or does the Commission take the view
that it should also be possible to grant aid to financially
sound businesses which would, as a result of the aid, have a
realistic chance of creating and sustaining new jobs ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(2 February 1996 )

The Member States are responsible for the implementation
of the Objective 2 programmes within the framework
of the partnership . The institution responsible for the
administration of the European Regional Development
Fund in Denmark is the Agency for development of trade
and industry . This agency has confirmed to the Commission
that the decision to refuse the financing of the project in
question has been taken in accordance with the approved
Objective 2 programme for North Jutland .

The refusal reflected the selection criteria in the programme .
It appears that the investment is of limited size relative to the

Subject : Supplementary pension schemes

Some supplementary pension schemes contain provisions
which constitute an impediment to the free movement of
workers by virtue of the loss of rights they entail for
employees .

To ensure that freedom of movement does not result in

workers forfeiting their pension rights, Commission staff
drew up, in 1994, a proposal for a Directive which was
submitted to the representatives of employers and labour for
consultation at the end of that year . Despite its importance,
this proposal has not yet been adopted by the Commission
as a draft Directive .

Could the Commission state the reasons for this delay and
the measures it intends to take in this field to ensure that one

of the basic freedoms established by the Treaty, namely the
right of free movement, is upheld ?

Answer given by Mr Flynn
on behalf of the Commission

( 19 February 1996 )

As regards the question raised by the Honourable Member,
while the Commission shares his concern to ensure that one

of the fundamental freedoms provided for by the Treaty is
respected in the area of supplementary pensions, it would
emphasise the need for a period of fairly detailed
preparation before a legal instrument is presented in this

area .

This is due to the difficulty in tabling Community legislation
in the area of supplementary pensions, given the diversity
and complexity of the supplementary pension schemes in
the Member States . Internal discussions are continuing on
the best way of overcoming the obstacles to freedom of
movement in this area .

The Commission is currently examining the various
possibilities with a view to presenting appropriate

measures .

No C 112 / 60 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION P-7 / 96

by Francisca Sauquillo Pérez del Arco ( PSE )

to the Commission

( 17 January 1996 )

( 96 / C 112 / 104 )

Subject : ECHO funding of NGOs in Burundi

Can the Commission state whether it, and specifically its
humanitarian aid department ( ECHO ), intends to phase out
funding of European NGOs in Burundi ?

Is so, on what grounds does it justify this, given that :

1, the Commission has recently adopted a proposal for
a Regulation on rehabilitation, conceived as an
intermediate action between development cooperation
and humanitarian aid — a concept which may be
applied to Burundi's situation ;

2, the presence of European NGOs in Burundi is a key
factor for stability at a time when the civilian population
is exposed to severe risks ;

3, there is a commitment to greater coherence of the
policies and actions of the various Union institutions,
while to withdraw aid to NGOs in Burundi would

contradict the Council's decision to send an EU

mediator to the country to deal with the refugee problem
in the various countries of the region ?

A majority of humanitarian organizations confirmed that
they were withdrawing or retreating to Bujumbura . Only a
very few remain really active in the country .

The activities of the humanitarian organizations,
particularly the International Committee of the Red Cross,
currently consist in persuading all parties of the neutrality
and impartiality of the humanitarian bodies and demanding
that those working in Burundi be respected and their safety
guaranteed . The Community's political activities follow this
approach .

The Commission continues to finance rehabilitation and

development projects where the security situation allows
and it is possible to monitor implementation . The
Community is also financing observers on the Organization
of African Unity mission, United Nations human rights
experts in Burundi and other activities likely to promote the
return of peace to the country .

Burundi and Rwanda refugees are the responsibility of the
Unted Nations High Commission for Refugees, which
obtains financing for the region from the Commission .

The Council decided the mandate of the special envoy to the
Great Lakes region on 29 January this year . It is to work
with the United Nations, the Organization of African Unity,
all the governments and parties involved and with the other
international bodies seeking to resolve the conflicts in the
region .

Answer given by Mrs Bonino

on behalf of the Commission WRITTEN QUESTION E - 1 7 / 96

13 1996 by Carlo Ripa di Meana ( V ) and Gianni Tamino ( V )

( 13 February 1996 )
to the Commission

The Commission has no intention of withdrawing from
Burundi . Its humanitarian remit is precisely to help victims
of conflict in the most difficult situations and it goes without
saying that the Community finances the humanitarian
organizations active in the area .

In the prevailing situation in Burundi it is clear that the area
in which humanitarian aid can be given has shrunk
considerably and that it is extremely dangerous and difficult
to give assistance to a vulnerable population or to
victims .

The Commission sent a mission to Burundi at the end of

November 1995 and on 18 January this year held a meeting
with all the parties involved to examine the humanitarian
situation there .

( 25 January 1 996 )

( 96 / C 112 / 105 )

Subject : Intermodal centre in Olbia ( Sardinia )

In accordance with Decision 89 / 638 / EEC of 31 October

1989 ( 1 ), the EU has granted the Region of Sardinia ECU
14,5 million for the development of intermodal transport,
and the Region of Sardinia has made the same amount
available under Italian Law 61 / 86 ( see measure 1.2 of the
Operational Programme for the Region of Sardinia
1990—1993 );

— on 1 8 October 1991, the Transport Department of the

Regional Council of Sardinia awarded the company
Porto Terminal Mediterraneao ( PTM ) the contract for

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 61

the design, operation and management of the intermodal
centres in the north of Sardinia ( Olbia, Porto Torres and
Chilivani ) at an initial cost of Lit 45 750 million ;

— on 14 September 1995, the Region of Sardinia paid PTM

Lit 6 741 million for studies and plans which are
incomplete and for sections of work which are
unfinished ( compared to work awarded under contract
for Lit 24 766 million ): the plans do not include
connections with the respective railway lines whilst the
warehouses to be built during the first stage of work are
not accessible to the railways ; furthermore, no E1A has
not been carried out in accordance with Directive

85 / 337 / EEC ;

— with regard to the Olbia intermodal centre, the
instructions laid down in the Regional Transport Plan
and by the Olbia Industrialization Unit Consortium
requiring the centre to be developed on the same site as
the car-port, close to the industrial port under
construction, have been disregarded ; Italian State
Railways have grave misgivings particularly with regard
to the economic viability of the planned site which is
located more than 10 km from the present railway
station, the town, the industrial zone and the port ;

WRITTEN QUESTION E-25 / 96

by Lucio Manisco ( GUE / NGL ), Luciana Castellina

( GUE / NGL ), Pedro Marset Campos ( GUE / NGL ), Honorio

Novo ( GUE / NGL ) and Ioannis Theonas ( GUE / NGL )

to the Commission

( 25 J anuary 1996 )

( 96 / C 112 / 106 )

Subject : Delays in the MED programmes

Is it true that evaluation of the projects submitted for the
MED programmes in 1996 will be seriously delayed ?

Is it true that these projects are to be evaluated in June

1996 ?

Why has the Commission decided not to evaluate these
projects, which are supposed to start in 1996, until the
second half of the year ?

Does the Commission not consider that this de facto

procedure will interrupt the continuity of the programme

( 1994 / 95 )?

What urgent measures does the Commission intend to take
If still the prepared above observations to co-finance are work confirmed which, is is the divided up Commission into to projects impose ? an acceptable time limit on the evaluation of these
unfinished sections and awarded under the outdated system
of contracts with no invitation to tender, and which fails to
comply with current planning legislation ?
Answer given by Mr Marin
on behalf of the Commission

( 20 February 1996 )
Does the Commission not consider it necessary to ensure
that the contractors concerned respect the current European
legislation on contracts, the environment and the strategic The Commission has always
plans put forward by the EU in favour of cabotage and cooperation as one of its key elements
three-way intermodal transport ( road-rail-water )?

(') OJ No L 370, 19 . 12 . 1989, p . 35 .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(S March 1996 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

The Commission has always considered decentralized
cooperation as one of its key elements in its policy towards
Mediterranean partners . The civil society has to be able to
participate actively in building the Euro-Mediterranean
partnership and the MED programmes give that
opportunity .

In view of the ever increasing number of projects in the
framework of various MED programmes, of the deficiencies
in the current management of the MED programmes and in
the light of the decision of the ministers of foreign affairs and
the mediterranean partners in November 1995 in Barcelona
to strengthen the role of decentralized cooperation, the

Commission is currently putting into place a new
management system . This new management system, which
will be fully operational within he first half of 1996, will be
an improvement on MED programmes both for the
Commission as well as for participants in the MED

programmes .

All projects in the framework of the MED programmes

( MED Urbs, MED media, MED Campus and MED
Migration ) have been selected and all project leaders were
notified by the Commission in early January of the results of
the selection . However, projects cannot start using the part

No C 112 / 62 EN Official Journal of the European Communities 17 . 4 . 96

of the budget financed by the Commission as no contracts
have been signed between the Commission and project
leaders .

WRITTEN QUESTION E-26 / 96

by Jan Bertens ( ELDR )

to the Commission

( 25 January 1996 )

( 96 / C 112 / 107 )

Subject : Unequal treatment as a consequence of the
AMBI-tax in Denmark

Does the Commission follow up on the manner in which the
Danish Government protects the rights of individuals under
the judgment of the European Court of Justice in Case
C-200 / 90 and C-234 / 91 on the Danish labour market tax,
which tax was found to be illegal ? In particular :

1 . Does the Commission find that national principles
against the possible obtaining of unjust enrichment can
be applied to avoid repayment of a national tax collected
contrary to a Directive, when the lack of conformity
with the Directive is known by the Member State ?

2 . In view of the Court's judgment in Case 199 / 82 San
Giorgio ( judgment of 9 November 1983 ) and Case 331,
376 and 378 / 85 Bianco ( judgment of 25 February
1988 ), is it then acceptable for the Danish Government
to refuse payment with reference to the general
assumption of the passing on of a levy like ' AMBI ', for
all companies which have not been placed in a
competitive disadvantageous position by the ' AMBI '?

3 . Especially in view of the fact that the legal question,
which appears to be of particular importance, has not
been referred to the European Court under Article 177
of the EU Treaty, does the Commission intend to follow
up on the manner in which the Court's judgment has
been implemented, in particular to assure that the
government in its repayment policy respects the general
principles of European law ? The Commission is
requested to indicate the steps it intends to take .

Answer given by Mr Monti
on behalf of the Commission

( 19 February 1996 )

The Commission has monitored the way in which Denmark
has responded to the Court of Justice's decisions in the
AMBI cases ( C-200 / 90 and C-234 / 91 ), and has noted that
this illegal tax has been abolished .

Following several complaints, the Commission has asked
the Danish authorities for an explanation for their refusal to
repay the tax .

Whether or not a Member State knows that a tax infringes
Community law is not relevant to determine the possibility
of repayment, since this lack of conformity can only be
formally established by the Court of Justice .

In the context of the judgments that the question refers to,
the Commission considers a Member State cannot refuse

repayment on the basis of a general assumption that the
fiscal charge has been transferred from the supplier to the
purchaser .

For this reason, the Commission has decided to initiate an
infringement proceeding against Denmark .

Even if a reference to the Court of Justice under Article 177
of the EC Treaty is compulsory for a court or a tribunal of a
Member State, when interpretation of Community law is
involved at the national level, the Commission considers
that the appreciation by national courts whether or not a
question is to be referred to the Court of Justice is not a
matter for infringement proceedings, since the purpose of
these proceedings is, as a rule, to challenge a lack of
conformity in national legislations or practices .

WRITTEN QUESTION P-32 / 96

by Nuala Ahern ( V )

to the Commission

( 18 January 1996 )

( 96 / C 112 / 108 )

Subject : Problems with the renewal of the agreement on

US-Euratom nuclear cooperation

1 . Can the Commission supply an overview, together
with all relevant documents, of the new agreement on
nuclear cooperation between the USA and Euratom, as
signed on 7 November, and its own assessment of the
substance and implications of the new agreement ?

2 . Can it supply an overview and its own assessment of
the consequences of the legal impasse which apparently
exists since the expiration of the previous agreement on
31 December 1995, as the new agreement has not yet come
into force, specifically :

3 . What measures the Commission and the US

Government have taken regarding US-Euratom nuclear
cooperation to deal with the legal impasse until the new
agreement comes into force ;

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 63

4 . What aspects of the new agreement are currently
under debate in US Congress and between the US
Government and Congress, including those on compliance
of the agreement as signed with US law and

5 . The consequences of US Congress rejecting the new
agreement or parts thereof, due to the outcome of the debate
mentioned under 3 ?

Answer given by Sir Leon Brittan

on behalf of the Commission

Answer given by Mr Flynn
on behalf of the Commission

(4 March 1 996 )

The Commission takes the view that it has no jurisdiction in
this matter . It feels that the question ought to be put to the
Council .

(8 February 1996 )
WRITTEN QUESTION E-42 / 96

by Stephen Hughes ( PSE )

1 . The Commission considers the new agreement on
peaceful nuclear cooperation between the United States and
Euratom signed on 7 November 1995 to be a positive step
forward from the viewpoint of both non-proliferation and
industrial and commercial cooperation . The new agreement
implies the continuation and enhancement of the mutually
beneficial cooperation in the peaceful uses of nuclear energy
that has been in place between Euratom and the United
States since 1959 .

2 and 3 . Member States and the nuclear industry were
advised in advance of the legal impasse to which the
Honourable Member refers and were thus able to take

necessary steps . The Commission's assessment is that this
impasse, which is expected to be short lived, will have no
significant practical consequences on the cooperation
between Euratom and the United States .

4 . The agreement has been transmitted to the Congress
for ratification . So far, the Commission is not aware of any
debate in the United States Congress or between the United
States Government and Congress .

5 . The Commission's expectation is that the agreement
will be approved by the United States Congress . The
hypothesis of a rejection, even partial, is not being
contemplated by the Commission at this stage .

WRITTEN QUESTION E-39 / 96

to the Commission

( 25 January 1996 )

( 96 / C 112 / 110 )

Subject : Display screen equipment

Has the Commission instigated any infringement
proceedings against the UK for not implementing any health
and safety Directive implemented under Article 118a of the
Amended Treaty of Rome ?

WRITTEN QUESTION E-48 / 96

by Stephen Hughes ( PSE )

to the Commission

( 25 January 1996 )

( 96 / C 112 / 111 )

Subject : Display screen equipment

How many Member States have not implemented Directive
90 / 270 / EEC ( 1 )? Which countries are these ?

(!) OJ No L 156, 21 . 6 . 1990, p . 14 .

by Stephen Hughes ( PSE ) WRITTEN QUESTION E-49 / 96

to the Commission by Stephen Hughes ( PSE )

to the Commission
( 25 January 1996 )

( 96 / C 112 / 109 ) ( 25 January 1996 )

( 96 / C 112 / 112 )

Subject : Display screen equipment

Subject : Display screen equipment
Dit the UK vote against the adoption of Directive
90 / 270 / EEC ( 1 ) on 29 May 1990 ? How many Member States have had infringement
proceedings started against them for failing to implement
C ) OJ No L 156, 21 . 6 . 1990, p . 14 . Directive 90 / 270 / EEC and which countries are these ?

No C 112 / 64 EN Official Journal of the European Communities 17 . 4 . 96

Joint answer to Written Questions Answer given by Mr Flynn

E-42 / 96, E-48 / 96 and E-49 / 96 on behalf of the Commission

given by Mr Flynn (1 March 1996 )
on behalf of the Commission

(4 March 1 996 )

No .

The Commission would refer the Honourable Member to its

12th annual report to Parliament on monitoring the
application of Community Law-1 994 ( 1 ) ( page 254 ) ( Annex
' Report on the application of Directives ').

WRITTEN QUESTION E-72 / 96

(') OJ No C 254, 29 . 9 . 1995 .

WRITTEN QUESTION E-47 / 96

by Stephen Hughes ( PSE )

to the Commission

( 25 January 1996 )

( 96 / C 112 / 113 )

Subiect : Display screen equipment

Have any trade unions complained to the Commission
of the ' burdens ' Directive 90 / 270 / EEC f 1 ) places on
employers ?

(') OJ No L 156, 21 . 6 . 1990, p . 14 .

Answer given by Mr Flynn
on behalf of the Commission

by Amedeo Amadeo ( NI )

to the Commission

( 26 January 1996 )

( 96 / C 112 / 115 )

Subject : Legal guarantees for consumer goods

Legal guarantees for consumer goods are a fundamental
right designed to guarantee to customers that their
purchases comply with the sales contract .

However, there are disparities between the laws of the
Member States with regard to the legal basis for a
contractual guarantee, acceptance of the concept of faulty
goods, the beneficiary of the legal guarantee and redress for

consumers .

Given that these disparities constitute an obstacle to the
completion of the single market for European consumers,
would the Commission be prepared to put forward a
Directive on legal guarantees for consumer goods ?

(1 March 1996 ) Answer given by Mrs Bonino
on behalf of the Commission

( 28 February 1996 )
No .

WRITTEN QUESTION E-56 / 96

by Stephen Hughes ( PSE )

to the Commission

( 25 January 1996 )

( 96 / C 112 / 114 )

Subject : Display screen equipment

Do citizens of the European Union, injured at work because
of the failure of the Member State concerned to implement a
relevant Directive, have a legal base to claim damages
against the Commission for failing to ensure the Member
State implemented the relevant Directive ?

The Commission agrees with the Honourable Member on
the importance of the legal guarantee . The minimum basic
rights afforded by the legal guarantee are a necessary
complement to the commercial guarantee, which is more
suited to the needs of the different sectors .

The Commission also shares the view of the Honourable

Member that consumers ' lack of confidence in the

protection which may be available to them when making a
purchase in another Member State stops them benefiting
fully from the internal market . The Commission is looking
into possible ways of building up confidence in this respect .
Accordingly, it is currently examining a draft Directive
aimed at introducing a minimum level of harmonization of
legal guarantees without seeking to diminish the importance
of the commercial guarantee, having due regard to the
principles of proportionality and subsidiarity .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 65

QUESTION E-82 / 96 Furthermore, the Commission communication encourages

Méndez de Vigo ( PPE ) GCC countries to become signatory parties and fully apply

to the Commission international instruments in relation to human rights .

WRITTEN QUESTION E-82 / 96

by Inigo Méndez de Vigo ( PPE )

(2 6 January 1996 ) (') COM(9.5 ) 541 final .
96 / C 112 / 116 )

Subject : Human rights abuse in Saudi Arabia

The German Parliament has recently reported that over 200
people were decapitated in Saudi Arabia in the course of

1995 .

Will the Commission take these facts into account with

regard to its meeting at the beginning of next year with the
Gulf Cooperation Council, which will be attended by Saudi
Arabia and in respect of which the Commission has called
for a deepening of political dialogue and the relaunch of
negotiations to establish a free-trade area with the countries
concerned ? Is the Commission planning to make the
negotiations conditional upon respect for human rights in
Saudi Arabia and the other Gulf States ?

Answer given by Mr Marin
on behalf of the Commission

(1 S February 1996 )

It is the consistent policy of the Commission to promote the
reinforcement of European Union relations world-wide and
in particular with countries with which the European Union
shares common political interests and maintains important
economic and trade relations .

During the last European Union Gulf Cooperation Council

( GCC ) ministerial meeting, held in Granada on 20 July 1995
in Troika formation, the two sides reaffirmed their
determination to strengthen their relations by relaunching
the free trade agreement negotiations and by reinforcing
political dialogue and cooperation .

The Commission closely follows the human rights record in
all countries and regions and attaches the utmost
importance to the respect of democratic principles and
fundamental freedoms .

The Commission in its communication on ' improving
relations between the European Union and the countries of
the Gulf Cooperation Council ' (') emphasises the
importance of human rights and the reinforcement of
political dialogue with the Gulf Cooperation Council to

'. . . enable the two sides to discuss questions of human
rights and democracy which are important both at
international level and the level of the relations between

the European Union and the GCC '.

WRITTEN QUESTION E-89 / 96

by Gunilla Carlsson ( PPE )

to the Commission

( 26 January 1996 )

96 / C 112 / 117

Subject : Simplification of législation

At its December 1995 part-session, Parliament adopted a
resolution ( A4-317 / 95 ) on the Commission report on a
review of Community energy legislation and the
communication from the Commission to the Council

concerning the repeal of several Community legislative texts
in the field of energy policy ( 1 ), thereby approving the repeal
of a number of such texts .

The Commission's aim of simplifying Union legislation is to
be welcomed and represents an important step towards
encouraging enterprise, whilst at the same time helping to
boost the public's confidence in the Union .

Have similar simplification measures been drawn up, or are
they in the process of being drawn up, in other policy
areas ?

(>) COM(95 ) 391 .

Answer given by Mr Santer
on behalf of the Commission

( 16 February 1996 )

The Commission refers the Honourable Member to its 1995

report ' Better Law-making ' on the application of the
subsidiarity and proportionality principles and on
simplification and consolidation ! 1 ).

More precisely, the report summarises the progress of
re-drafting and simplification work carried out as part of or
in parallel with the programme of adapting existing
legislation to the principles of subsidiarity and
proportionality which the Commission presented to the
European Council in Brussels in December 1993 ( 2 ) .

The report also sets out the Commission's priorities
for 1996 as regards the evaluation of measures and
further action and provides various examples of practical

No C 112 / 66 EN Official Journal of the European Communities 17 . 4 . 96

initiatives planned as part of the Commission's work
programme ( i ).

Targeted surveys in relation to this outbreak in the
subsequent years have not revealed any other outbreaks .

(') COM(95 ) 580 . V ) OJ No L 291, 6 . 12 . 1995 .

( 2 ) Point I.B of the report and Annex II .
C ) Point II of the report .

WRITTEN QUESTION E-l 09 / 96

by Anita Pollack ( PSE )

to the Commission

WRITTEN QUESTION P-93 / 96 ( 26 January 1996 )

by James Provan ( PPE ) ( 96 / C 112 / 119 )

to the Commission

( 18 January 1996 )

( 96 / C 112 / 118 )

Subject : Potato brown rot disease

1 . Is the Commission aware of the current outbreak of

potato brown rot in the Netherlands ? When was that
outbreak first detected by the Dutch authorities ? When
was the outbreak first reported to the European
Commission ?

2 . Have Dutch farmers or the Dutch Government any
record of potato brown rot infection prior to the current
outbreak and will the Commission please publish details of
those outbreaks ?

Subject : Logging in Gabon, the Congo and Cameroon —

Ape slaughter

Is it the case that the EU is part-funding logging of rainforest
in Gabon, the Congo and Cameroon, and what can the
Commission do to stop illegal slaughter of apes in these
areas to feed logging crews ?

Answer given by Mr Pinheiro

on behalf of the Commission

( 14 February 1996 )

The Commission is not involved in part-funding logging of
rainforest in Gabon and the Congo .

With regard to illegal slaughter of apes the Commission
would refer the Honourable Member to its answer to

Written Question P-2788 / 95 by Mr Ford (').

Answer given by Mr Fischler (•) O J No C 40, 12 . 2 . 1996 .
on behalf of the Commission

(2 February 1996 )

The Commission is aware of outbreaks of potato brown
rot, caused by pseudomonas solanacearum in the
Netherlands .

The Commission has been informed by the Netherlands that
the first confirmed presence of pseudomonas solanacearum
on potatoes grown in the Netherlands for the year 1995
dates from the end of September .

The Netherlands informed the other Member States and the

Commission on 3 October 1995 that some samples of
potatoes originating in that Member State were identified as
infected by pseudomonas solanacearum . In this context, the
Commission adopted on 24 November 1995 specific
measures with a view to strengthening protection against
spread within and the introduction of brown rot from the
Netherlands f 1 ).

The Netherlands reported earlier, on 3 March 1993, an
outbreak of this disesase in potatoes intended for industrial
processing of the variety ' Agria ', grown in the Netherlands .

WRITTEN QUESTION E-l 12 / 96

by Clive Needle ( PSE )

to the Commission

( 26 January 1996 )

( 96 / C 112 / 120 )

Subject : What is the total number of people directly

employed by the Commission at 1 January
1996 ?

What is the total number of people directly employed by the

Commission at 1 January 1996 ?

Answer given by Mr Liikanen

on behalf of the Commission

( 16 February 1996 )

The total number of officials and temporary staff working at
the Commission is 16 273 .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 67

Staff covered by the Staff Regulations — Operating budget Answer given by Mr Van den Broek

on behalf of the Commission

A 5 084 ( 21 February 1996 )

LA 1 698

B 3 517

C 5 082

D 892

Total 16 273

These figures do not include outside staff whom the

Commission may take on for special purposes for limited
periods ( auxiliary staff, staff from temping agencies,
contractors, technical assistants, experts and
consultants ).

Under the Treaties, the Community may act to ensure
equality of treatment of female and male workers in
employment relationships and social security and to
eliminate all discrimination between Community citizens

based on nationality . With regard to other types of
discrimination, in particular discrimination based on a
person's sexual orientation, the Community has no power
to intervene .

The fundamental rights of sexual minorities are protected

by international legal instruments, in particular the
European Convention on Human Rights to which all the
Member States are signatories .

WRITTEN QUESTION E-123 / 96

by María Aramburu del Río ( GUE / NGL )
WRITTEN QUESTION E-127 / 96

to the Commission
by Jean-Yves Le Gallou ( NI )

(1 February 1996 )

( 96 / C 112 / 121 )

Subject : Teacher training manual describing
homosexuality as an offence ( Spain )

At the beginning of January 1996 the Gay Liberation
Movement of the Basque Country ( Spain ) complained at the
existence of a manual currently used by the National
University for Distance Learning ( the Spanish Open
University ) for a teacher training course, which includes
homosexuality in a checklist of ' problems encountered at
school ', under the heading ' disturbances of moral conduct '
and classified, along with prostitution and exhibitionism, as
a ' sexual offence '.

The content of courses of this kind offered to teacher
training students is of major importance for the satisfactory
development of those students ' future pupils, and describing
homosexuality as a ' sexual offence ' is contrary to equality
law .

In view of the above, what action can the Commission take
in such cases to ensure respect for the fundamental right of
the equality of all citizens, as recognized by all the European

authorities ?

Does the Commission consider that some type of legal code
could be instituted at Community level to ensure the
preservation of personal dignity and prevent the appearance
of false allusions to or descriptions of citizens in texts used
for educational purposes in the EU ?

to the Commission

(1 February 1996 )

(9 SIC 112 / 122 )

Subject : Community grants to associations, NGOs and

other bodies

Would the Commission provide me with a complete list of

associations and other bodies receiving Community grants
under budget heading A-3090 ( other subsidies ) and of the
exact amount of these grants in the last complete budget
year ?

Answer given by Mr Santer
on behalf of the Commission

( 20 February 1996 )

At Parliament's request, an exhaustive and detailed report
on the subsidies granted under Chapter A-30 of the budget
in 19 95 is in preparation in the Commission .

The Honourable Member is referred to this report, which
will be sent to Parliament's Committee on Budgetary
Control when it is ready .

No C 112 / 68 EN Official Journal of the European Communities 17 . 4 . 96

WRITTEN QUESTION E-128 / 96

by Jean-Yves Le Gallou ( NI )

to the Commission

(1 February 1996 )

( 96 / C 112 / 123 )

Subject : Community grants to associations, NGOs and

other bodies

Would the Commission provide me with a complete list of
associations and other bodies receiving Community grants
under budget heading A-3093 ( support for international
non-governmental organizations working for the
establishment of an international criminal jurisdiction ) and
of the exact amount of these grants in the last complete
budget year ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 26 February 1996 )

In response to requests by Parliament, the Commission is
currently preparing a full and detailed report on all grants
made in 1995 from appropriations in Chapter A-30 of the
budget .

At the end of January the Commission forwarded to the
President of Parliament and to the chairmen of the

parliamentary committees concerned annual reports on
grants made under budget headings A-3093, B7-5240 and
B7-527 .

The Honourable Member is asked to refer to these

reports .

WRITTEN QUESTION E-131 / 96

by Frank Vanhecke ( NI )

to the Commission

(1 February 1996 )

( 96 / C 112 / 124 )

Subject : European Commission support to the Walloon

socialist FGTB trade union

As reported by the Walloon daily ' La Wallonie ' for

18 December 1995, the European Commission ( DG V ) in
1 995 provided direct support to the Walloon socialist FGTB
trade union ( Immigrant workers committee of the Walloon
inter-regional section of the FGTB ) for the organization of a
so-called ' awareness campaign ' against the so-called
upsurge of the so-called extreme right .

What amounts were released by the European Commission
for this purpose ?

As part of what programme or under what budget heading
was this done ?

What checks, if any, were made on how the funds were
spent ?

Pursuant to what article of the European Treaties does the
Commission consider itself authorized to spend European
funds on such activities ?

Answer given by Mr Flynn
on behalf of the Commission

( 29 February 1996 )

The Commission informs the Honourable Member that no

financial support was given in 1995 to the FGTB or to
the Immigrant Workers ' Committee of the Walloon
inter-regional section of the FGTB for the organization of an
awareness campaign against the upsurge of the extreme
right .

The article in ' La Wallonie ' on 18 December 1995 refers to

an exhibition of photographs of racist graffiti in workplaces
and residential areas . This exhibition was organized by the
' Centre d'éducation populaire André Genot ', together with
the European Trade Union Confederation . It was subsidised
through appropriations made available in 1994 against
heading B3-41 10 of the Commission's general budget, at the
proposal of Parliament, for the financing of joint activities
with the ETUC to combat xenophobia against migrant
workers, including those from outside the Community . The
subsidy amounted to ECU 20 293 . Checks to ensure that the
project was properly implemented, in financial and
subject-matter terms, will be carried out at the end of the
contract period and before payment of the final balance of
the subsidy .

The financing of measures to combat racism, xenophobia
and anti-Semitism is based on :

— the Declaration of the European Parliament, Council

and Commission against racism and xenophobia ( ! ),

— the resolution of the European Parliament on the

resurgence of racism and xenophobia in Europe and the
danger of right-wing extremist violence ( 2 ),

— the Council Resolution of 29 May 1990 on the fight

against racism and xenophobia ( 3 ) .

(') OJ No C 158, 25 . 6 . 1986 .

( 2 ) OJ No C 150, 31 . 5 . 1993 .

( 3 ) OJ No C 157, 27 . 6 . 1990 .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 69

WRITTEN QUESTION P-135 / 96

by Peter Truscott ( PSE )

to the Commission

( 25 January 1996 )

( 96 / C 112 / 125 )

Subject : Conditions in Chinese State orphanages

Does the Commission have an opinion on the Chinese policy
of one child per family and the appalling conditions in
Chinese State orphanages where children are tied to potty
chairs or placed in dying rooms ? What efforts is the
Commission making to publicize its opinions and bring
pressure to bear on the relevant authorities ?

Answer given by Sir Leon Brittan

working time Directive 93 / 104 / EC ( 1 ). A report on the
results was presented to the Commission in December

1994 .

On 19 April 1995 the Commission convened a meeting of
interested parties to discuss the main issues raised by the
report . Following that meeting, the Commission agreed to
support a conference on working conditions for doctors in
training on 11 and 12 December 1995 .

In parallel, the Commission has been following closely
developments in all the sectors and activities excluded from
the working time Directive . In its working programme for

1996, the Commission announced its intention to present a
white paper on working time with regard to sectors and
activities excluded from the working time Directive . In this
white paper, the Commission will address the issues relating
to the working hours of doctors in training .

on behalf of the Commission

( ] ) OJ No L 307, 13 . 12 . 1993 .
( 15 February 1996 )

The Commission has long funded the work of
non-governmental organizations with the Chinese
authorities to improve the lot of Chinese orphans, and is
currently seeking to develop this activity further . It is in
touch with all concerned on the Chinese side as well as in

Europe, to establish how best to help, notably with the
improvement of the infrastructure and staff conditions
which appear to be among the main reasons for the difficult
situation in most of the Chinese orphanages .

WRITTEN QUESTION E-137 / 96

by Thomas Megahy ( PSE )

to the Commission

(1 February 1996 )

( 96 / C 112 / 126 )

Subject : Working time of junior doctors

What progress is being made on proposals to cover the
working time of junior doctors who are excluded from the
working time Directive ?

Answer given by Mr Flynn
on behalf of the Commission

( 20 February 1996 )

In 1994 the Commission arranged for a survey of the
working hours of doctors in training in the context of the

WRITTEN QUESTION P-142 / 96

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 25 January 1996 )

( 96 / C 112 / 127 )

Subject : Resettlement of refugee families

In defiance of complaints and protests from the local
authorities and collective organizations, the Greek
authorities have decided to resettle, on the country's
north-eastern borders, the refugee families that they
brought in from the former Soviet republics three years ago
and installed in the district of Farkadon, Prefecture of
Trikkala .

Although the original goal of steady social rehabilitation
and integration into the local community has been achieved,
the Greek authorities are ignoring appeals from the
abovementioned bodies and the families concerned to be

allowed to stay in the area and are carrying out their decision
with no regard for the human and social dimension of the
problem, flouting the purpose of Union funding for the
rehabilitation of the refugees .

Is the Commission briefed on the progress of the refugee
rehabilitation programmes that it funds and will it ask the
Greek Government to halt the resettlement of refugee
communities ?

No C 112 / 70 EN Official Journal of the European Communities 17 . 4 . 96

Answer given by Mrs Gradin
on behalf of the Commission

( 19 February 1996 )

The Commission is not aware of the refugee rehabilitation
programmes to which the Honourable Member refers .
Furthermore, the Commission is not in a position to
intervene in this matter, competence for which lies with the
Greek authorities .

WRITTEN QUESTION P-143 / 96

by Glyn Ford ( PSE )

to the Commission

( 25 January 1996 )

Whereas the conference aimed at an inter-institutional

dialogue, it remained the prerogative of each institution to
decide on the details and preparation of its participation .
Thus, in December 1995, the Council decided to participate
not as an institution, but rather at the level of Member States
and the Presidency individually .

The Commission remains committed to openness and
dialogue on biotechnology, between the institutions as well
as more generally with all interested parties, and it considers
that the conference held on 11 January 199 6 constitutes a
useful contribution to a wider process of improved
concertation . At the conference, the Commission invited
representatives of the other institutions to participate in
future round tables on biotechnology which it organizes
regularly with research, industry, trade unions, environment
and consumer associations and others . The Commission is

currently reflecting on other appropriate ways to carry
forward the dialogue .

( 961 C 112 / 128 ) V ) COM(94 ) 219 .

Subject : Mystery of the missing trialogue

Jacques Delors in November 1994 invited Parliament to

participate in a trialogue with the Council and Commission
on biotechnology . At the last meeting of the Energy
Research and Technology Committee on 20 December the
Commissioner responsible stated that the meeting
scheduled for January 11 was not a trialogue in the formal
sense of the term .

Can the Commission either say when the proposed trialogue
will take place or tell us who made the decision to withdraw
President Delors ' offer of a formal trialogue and why ?

Answer given by Mr Oreja
on behalf of the Commission

( 16 February 1996 )

The term ' trialogue ' has no Treaty-based definition but is
normally used to designate inter-institutional dialogue
between the Parliament, the Council and the Commission .
Over the years, trialogues have taken varied forms of a more
or less formal nature .

Following the Commission's June 1994 communication
' biotechnology and the white paper on growth,
competitiveness and employment : preparing the next
stage ' 0 ) the Commission invited in November 1994 the
Parliament and the Council to a trialogue on biotechnology .
This led to the conference held on 11 January 1 996 which,
as agreed in principle by the three Presidents on the occasion
of the traditional lunch-trialogue in Strasbourg on
20 September 1995, was intended to be an
inter-institutional meeting with each institution
participating, as far as possible, on the basis of agreed and
representative positions . It was not, however, the intention
of the conference to reach common conclusions .

WRITTEN QUESTION P-163 / 96

by Luigi Moretti ( ELDR )

to the Commission

( 26 January 1996 )

( 96 / C 112 / 129 )

Subject : Italy's failure to comply with the Court of Justice

judgment on freedom of movement for people
employed in the sports sector

In deleting Article 12 of the bill on provisions regarding the
obligations deriving from Italy's membership of the
European Communities, the Chamber of Deputies clearly
demonstrated its opposition to bringing Italian law into line
with the terms of the recent Court of Justice judgment on
freedom of movement for people employed in the sports

sector .

What steps will be taken to ensure that Italy complies with
this ruling ?

Answer given by Mr Van Miert

on behalf of the Commission

( 21 February 1996 )

Neither the text of the draft law referred to by the
Honourable Member, nor the decisions adopted by the
Italian Parliament regarding Article 12 have been
communicated to the Commission .

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 71

The Commission intends in any event to ensure that sports
clubs and their associations comply with the principles laid
down by the Court of Justice in the Bosman judgment .

To that end, on the basis of Article 85 of the EC Treaty, it
has sent a warning letter to the International Federation of
Association Football ( FIFA ) and to the Union of European
Football Associations ( UEFA ), whose rules govern all
activities connected with football in the European Economic
Area, asking them to inform it within six weeks of the
measures they have taken in order to comply with the
provisions of Community law .

If they do not reply, or if their answer is unsatisfactory, the
Commission will be obliged to set in motion the relevant
procedures for bringing the infringements to an end .

The same procedure will be followed in the case of other
international sports federations whose rules are
incompatible with Community law .

The Commission intends to pursue an active dialogue with
the sporting world in this connection .

WRITTEN QUESTION E-167 / 96

by Hugh McMahon ( PSE )

to the Commission

to the successful implementation of this code of conduct,
which it considers is giving good results .

As for a review of the working of the code of conduct, the
Honourable Member will be aware that it states under

point 10 that there will be a periodic assessment in the
context of the annual legislative programme .

WRITTEN QUESTION P-l 98 / 96

by Barbara Weiler ( PSE )

to the Commission

( 26 January 1996 )

( 96 / C 112 / 131 )

Subject : EU negotiations with the Republic of Slovenia on

the conclusion of an Association Agreement and
the future of relations with Slovenia

What progress has been achieved in the negotiations

between the European Union and the Republic of Slovenia
on the conclusion of an Association Agreement ?

What additional action is the Commission considering with

(1 February 1996 ) a view to bringing Slovenia closer to the EU ?

( 96 / C 112 / 130 )

Subject : Commission Code of Conduct
Answer given by Mr Van den Broek

on behalf of the Commission

At the investiture of the Commission, a Code of Conduct ( 15 February 1996 )
was agreed between the Commission and Parliament .

Has the Commission had the opportunity to review the
working of the Code of Conduct, and what proposals are
likely to be brought forward in the near future for
improvements in the operation of the Code ?

Answer given by Mr Oreja
on behalf of the Commission

( 19 February 1996 )

Following the Parliament's approval of the new
Commission, the code of conduct was agreed between the
Commission and the Parliament on 14 March 1995, less
than a year ago . The Commission attaches great importance

The association agreement initialled on 15 June 1995 and

approved by the Commission on 12 July of the same year is
still before the Council, which has not yet felt conditions to
be quite right for signing it .

A continuing delay threatens to make the process of
Slovenia's rapprochement and future integration with the
Community more difficult . The regular consultations and
cooperation with the central and eastern European
associated countries provided for in the Essen pre-accession
strategy are now well under way, enabling them to make
political and technical preparations for their growing
alignment on Community policy . Until the agreement is
signed, Slovenia is excluded from certain key areas of the
strategy, notably the structured dialogue . The instruments
to which it currently has access ( Phare ) do, however, enable

No C 112 / 72 EN Official Journal of the European Communities 17 . 4 . 96

Slovenia to target Community assistance on harmonization
efforts in the field of approximating legislation, particularly
in areas related to the internal market .

The Commission believes that mutually satisfactory
solutions must be found so that the agreement can be signed
and Slovenia can take part in the pre-accession strategy
adopted by the Essen European Council and endorsed in
Cannes .

activities relating to the protection and prevention of
occupational risks in the undertaking or establishment
concerned . The Directive does not lay down any special
requirement regarding the possible creation of an
intermediate managerial structure for these workers .

Under Article 4 of the Directive, the Member States are
responsible for ensuring, by means of adequate controls and
superdivision, that the provisions of the Directive are
implemented fully and properly in undertakings and
establishments .

WRITTEN QUESTION P-240 / 96

WRITTEN QUESTION P-431 / 96
by Marilena Marin ( UPE )

by Xaver Mayer ( PPE )
to the Commission

to the Commission

( 31 January 1996 )

( 16 February 1996 )
( 96 / C 112 / 132 )
96 / C 112 / 133 )

Subject : Implementation of measures to improve the health

and safety of workers at work

ENEL ( the Italian national electricity board ) appoints staff
already at management level in its production department to
positions of responsibility in the safety and accident
prevention sector, even though they are not qualified in
matters of safety .

On the other hand it does not appoint security staff who are
already on its establishment plan but not at management
level to positions of responsibility in the safety sector .

Does the Commission therefore think that Italy and in this
case the ENEL are properly applying the provisions of
Directive 89 / 391 / EEC (*) on the introduction of measures to
encourage improvements in the safety and health of workers
at work, particularly Article 7 thereof ?

Does the Commission not think that ENEL policy is
contrary to the objective of improving the health and safety
of workers ?

(') OJ No L 183, 29 . 6 . 1989, p . 1 .

Answer given by Mr Flynn
on behalf of the Commission

( 20 February 1996 )

Article 7 of Directive 89 / 391 / EEC only places an obligation
on employers to designate one or more workers with the
necessary capabilities to deal with the organization of

Subject : Refusal to grant daily hunting licences in Germany

to Germans living abroad on a long-term basis
who have acquired their hunter's licences in the
foreign country

The facts : two Germans who have lived, worked and been
registered for 30 years in Bordeaux, France ( their ' centre of
interest ') and acquired their hunter's licences in 1976 under
French hunting law were refused daily hunting licences in
Germany, where they had been invited to hunt, on the
ground that paragraph 15 V 1 of the Federal Hunting Law

( BJG ) did not apply to them since they were not foreigners
within the meaning of the Law on Foreigners

( Auslàndergesetz ). This was claimed not to entail unequal
treatment as referred to in Article 3 of the Basic Law, since
all Germans would be refused daily hunting licences in
similar situations . The argument is based on the judgment of
the Bavarian Administrative Court of 20 October 1994, in
which the case was in fact different because it concerned an

obvious circumvention of German hunting legislation : the
plaintiff had gone on holiday to Denmark to acquire a
hunter's licence and then wished to have it transferred to

Germany .

1 . Does the Commission consider that, from the Union
point of view, this is a case of unequal treatment, given
that it clearly involves no circumvention of German
hunting law ?

2 . How can the problem be resolved, given that the
time-consuming process of acquiring a German hunter's
licence is, in practice, not possible for Germans living
abroad ?

3 . Do the legislation and case law in other Union States give
rise to similar problems ?

4 . Are ony other arrangements currently being devised or
called for within the European Union and are

17 . 4 . 96 EN Official Journal of the European Communities No C 112 / 73

harmonized arrangements possible, on the basis of the Answer given by Mr Santer
various national laws on hunting, for visitors ' hunting on behalf of the Commission
licences, or even a ' European foreigners hunting licence ' (1 March 1996 )
on the lines of the European firearms pass provided for
in Directive 91 / 477 / EEC i 1 ) ( the ' firearms Directive ')?

(1 March 1996 )

(>) OJ No L 256, 13 . 9 . 1991, p . 51 .

The matter to which reference is made does not fall within

the jurisdiction of the Community .