Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

ISSN 0378-6986

#### C 30
# Official Journal

Volume 38
### of the European Communities 6 February 1995

Volume 38

6 February 1995

##### English edition Information and Notices

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

95 / C 30 / 01 E-1659 / 94 by Kirsten Jensen to the Commission
Subject : CFC 1

95 / C 30 / 02 E-l 666 / 94 by Mihail Papayannakis to the Commission
Subject : Regional development programme and the creation of wind parks 1

95 / C 30 / 03 E-1668 / 94 by Mihail Papayannakis to the Commission
Subject : Regional development programme and cooperation with economic and social partners 2

95 / C 30 / 04 E-1669 / 94 by Raymonde Dury to the Commission
Subject : Commission competition and recruitment 2

95 / C 30 / 05 E-1671 / 94 by Raymonde Dury to the Commission
Subject : Competition COM / LA / 761 — recruitment of Portuguese-language assistant
interpreters 3

95 / C 30 / 06 E-l 672 / 94 by Jose Happart to the Commission
Subject : Rules governing imports of phytopharmacological products 3

95 / C 30 / 07 E-l 674 / 94 by Jean-Marie Le Pen to the Council
Subject : Purchase of property in Austria by non-nationals 4

95 / C 30 / 08 E-1680 / 94 by Gijs de Vries to the Commission
Subject : Treatment of EU nationals by the British tax authorities 5

95 / C 30 / 09 E-l 684 / 94 by Marianne Thyssen to the Commission
Subject : Use of languages at the Office for Harmonization in the Internal Market ( trademarks,
designs and models ), hereinafter known as the ' Trademark Office ' 5

Price : ECU 18 ( Continued overleaf )

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Contents ( continued ) Page

E - 168 8 / 94 by Wim van Velzen to the Commission
Subject : Loss of income incurred by Belgian frontier workers in the Netherlands

E-1689 / 94 by Wim van Velzen to the Commission
Subject : Recognition of Dutch nursing diploma A in Belgium

E-l 803 / 94 by Arie Oostlander to the Commission
Subject : Recognition of nursing diplomas

E-l 865 / 94 by Ria Oomen-Ruijten to the Commission
Subject : Dutch nursing staff and recognition of qualifications

Joint answer to Written Questions E-1689 / 94, E-1803 / 94 and E-l 865 / 94

E-l 69 1 / 94 by Florus Wijsenbeek to the Commission
Subject : Unreasonable seizure of lorries in Italy

E-l 696 / 94 by Miguel Arias Canete to the Commission
Subject : Drift-nets

E-l 697 / 94 by Miguel Arias Canete to the Commission
Subject : Illegal use of drift-nets by French vessels

Joint answer to Written Questions E-1696 / 94 and E-1697 / 94

E-l 699 / 94 by Carmen Diez de Rivera Icaza to the Commission

Subject : Insertion of a specific title on tourism in the Treaty on European Union

E-l 707 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of Extremadura ( Spain )

E-l 708 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of Valencia ( Spain )

E-l 709 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of the Basque Country ( Spain )

E-l 71 9 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of Aragon ( Spain )

E-l 723 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of La Rioja ( Spain )

E-l 725 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of the Principality of Asturias ( Spain )

E-l 729 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of Navarre ( Spain )

E-1730 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of Murcia ( Spain )

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Notice No Contents ( continued ) p age

95 / C 30 / 26 E-l 733 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of Cantabria ( Spain ) . 11

95 / C 30 / 27 E-l 737 / 94 by Jose Valverde Lopez to the Commission
Subject : ESF investment in the Autonomous Community of Catalonia ( Spain ) 11

Joint answer to Written Questions E-1707 / 94, E-1708 / 94, E-1709 / 94, E-1719 / 94,

E-l 723 / 94, E-1725 / 94, E-1729 / 94, E-1730 / 94, E-1733 / 94 and E-1737 / 94 11

95 / C 30 / 28 E-l 746 / 94 by David Bowe to the Commission
Subject : Desertification ' 11

95 / C 30 / 29 E-1748 / 94 by David Bowe to the Commission
Subject : Rights of assignment of market trading rights 12

95 / C 30 / 30 E-1749 / 94 by Kenneth Coates to the Commission
Subject : European coal and steel 12

95 / C 30 / 31 E-l 754 / 94 by Winifred Ewing to the Commission
Subject : Discrimination against foreign teachers in French schools 13

95 / C 30 / 32 E-1761 / 94 by Winifred Ewing to the Commission
Subject : Administrative costs of development aid from EU 13

95 / C 30 / 33 E-l 767 / 94 by Glyn Ford to the Commission
Subject : Health and safety standards for holiday accommodation 14

95 / C 30 / 34 E-1768 / 94 by Glyn Ford to the Commission
Subject : Portugal 's use of stray dogs in laboratory experiments 14

95 / C 30 / 35 E-l 772 / 94 by Hugh McMahon to the Commission
Subject : Abuse of stray dogs for vivisection in Portugal — Directive 86 / 609 / EEC 14

95 / C 30 / 36 E-1813 / 94 by Christine Crawley to the Commission
Subject : Portuguese laboratories using stray dogs in experiments . 15

Joint answer to Written Questions E-1768 / 94, E-l 772 / 94 and E-1813 / 94 15

95 / C 30 / 37 E-l 779 / 94 by Siegbert Alber to the Commission
Subject : Implementation of the Council Directive of 21 May 1991 concerning urban waste water
treatment 15

95 / C 30 / 38 E-1791 / 94 by Anne Van Lancker to the Council
Subject : Informal Council meeting to consider the equal opportunities policy 16

95 / C 30 / 39 E-l 794 / 94 by Anne Van Lancker to the Council
Subject : Final approval of the proposal for a Directive on parental leave and leave for family
reasons 16

95 / C 30 / 40 E-l 795 / 94 by Anne Van Lancker to the Council
Subject : Approval of the proposal for a Directive on the reversal of the burden of proof with respect
to equal pay and equal treatment for men and women 16

( Continued overleaf )

Notice No Contents ( continued ) ' Page

95 / C 30 / 41 E-1797 / 94 by Anne Van Lancker to the Council
Subject : United Nations Conference on Population ( Cairo, September 1994 ) 16

95 / C 30 / 42 E-l 801 / 94 by Anne Van Lancker to the Commission
Subject : UN Population Conference in Cairo 17

95 / C 30 / 43 E-l 802 / 94 by Jaak Vandemeulebroucke to the Commission
Subject : Application for Spanish nationality : requirements 17

95 / C 30 / 44 E-l 805 / 94 by Carlos Robles Piquer to the Commission
Subject : Continuation of the NPT and the delicate situation in South-East Asia 18

95 / C 30 / 45 E-l 807 / 94 by Alexander Langer to the Commission
Subject : Risk of pollution in the catchment area of the river Timavo ( TS ) in Italy 19

95 / C 30 / 46 E-1810 / 94 by Cristiana Muscardini to the Commission
Subject : Discrimination in the insurance industry in Germany 19

95 / C 30 / 47 E-l 8 14 / 94 by Astrid Lulling to the Commission
Subject : Protectionist measures against the export of explosives to Germany and Belgium .... 20

95 / C 30 / 48 E-l 821 / 94 by Sergio Ribeiro to the Commission
Subject : The European Disabled People 's Parliament 21

95 / C 30 / 49 E-l 960 / 94 by Christine Oddy to the Commission
Subject : Rights for people with a disability 21

95 / C 30 / 50 E-2012 / 94 by Hugh McMahon to the Commission
Subject : Disabled People 's Parliament (3 December 1993 ) 21

95 / C 30 / 51 E-20 13 / 94 by Hugh McMahon to the Commission
Subject : Anti-discrimination legislation for disabled people 21

95 / C 30 / 52 E-2014 / 94 by Hugh McMahon to the Commission
Subject : Parliament's resolution B3-0580 / 93 22

Joint answer to Written Questions E-l 821 / 94, E-1960 / 94, E-2012 / 94, E-2013 / 94 and

E-2014 / 94 22

95 / C 30 / 53 E-l 824 / 94 by Nel van Dijk to the Commission
Subject : Incompatibility with the Habitats Directive of the current proposed route of the Betuwe
line 22

95 / C 30 / 54 E-l 825 / 94 by Nel van Dijk to the Commission
Subject : Possible misuse of an ERDF grant for the construction of a golf course in Brunssum, South
Limburg 23

95 / C 30 / 55 E-l 838 / 94 by Ian Paisley to the Commission
Subject : Belfast Harbour 23

95 / C 30 / 56 E-l 839 / 94 by Alexandros Alavanos to the Commission
Subject : EIB loans to SMEs 24

95 / C 30 / 57 E-l 846 / 94 by Anita Pollack to the Commission
Subject : Advisory committee on training in nursing . 24

Notice No Contents ( continued ) Page

95 / C 30 / 58 E-1861 / 94 by John McCartin to the Commission
Subject : Community initiatives 25

95 / C 30 / 59 E-l 863 / 94 by Ria Oomen-Ruijten to the Commission
Subject : Trans-frontier work and the recommendation on taxation 26

95 / C 30 / 60 E-l 864 / 94 by Ria Oomen-Ruijten to the Commission
Subject : Impact of legislation on trans-frontier workers 27

95 / C 30 / 61 E-l 867 / 94 by Maartje van Putten to the Commission
Subject : Population awareness training 27

95 / C 30 / 62 E-l 871 / 94 by Petrus Cornelissen to the Commission
Subject : Refund of VAT under the Eight VAT Directive 27

95 / C 30 / 63 E-l 872 / 94 by Karla Peijs to the Commission
Subject : Irish Government subsidy to the Hasbro / Milton Bradley plant in Waterford ( Ireland ) 28

95 / C 30 / 64 E-l 875 / 94 by Carmen Diez de Rivera Icaza to the Commission
Subject : Cross-border cooperation in the tourist industry 29

95 / C 30 / 65 E-l 885 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 29

95 / C 30 / 66 E-l 886 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 30

95 / C 30 / 67 E-l 887 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 30

95 / C 30 / 68 E-l 888 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 30

95 / C 30 / 69 E-l 889 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 30

95 / C 30 / 70 E-l 890 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 31

95 / C 30 / 71 E-1891 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 31

95 / C 30 / 72 E-l 892 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 31

( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 30 / 73 E-l 893 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 31

95 / C 30 / 74 E-l 894 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 32

95 / C 30 / 75 E-l 895 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 32

95 / C 30 / 76 E-l 896 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 32

95 / C 30 / 77 E-l 897 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 32

95 / C 30 / 78 E-l 898 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 32

95 / C 30 / 79 E-l 899 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 33

95 / C 30 / 80 E-1900 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 33

95 / C 30 / 81 E-1902 / 94 by Alexander Falconer to the Commission
Subject : Commission action on Parliament 's recommendation on the report on the storage,
transport and reprocessing of nuclear fuels 33

Joint answer to Written Questions E-1885 / 94 to E-1900 / 94 and E-1902 / 94 33

95 / C 30 / 82 E-1903 / 94 by Alexander Falconer to the Council
Subject : Council action on Parliament 's recommendation on the report on the storage, transport
and reprocessing of nuclear fuels . . < 33

95 / C 30 / 83 E-l 909 / 94 by Jose Happart to the Commission
Subject : Eco-taxes 34

95 / C 30 / 84 E-l 922 / 94 by Jessica Larive to the Commission
Subject : Spending of European money on sport in the European Union 34

95 / C 30 / 85 E-1923 / 94 by Jessica Larive to the Commission
Subject : Spending of Gutenberg Programme money to promote books and reading 35

Notice No Contents ( continued ) Page

95 / C 30 / 86 E-l 928 / 94 by Doris Pack to the Commission
Subject : Subsidies granted by the Commission for trade union information and education
work 36

95 / C 30 / 87 E-l 930 / 94 by Alexandras Alavanos to the Commission

Subject : Reneval Programme for Neorio 37

95 / C 30 / 88

95 / C 30 / 89

95 / C 30 / 90

E-1932 / 94 by Jessica Larive to the Commission
Subject : Registration of foreign vehicles in the European Union 37

E-l 945 / 94 by Carmen Fraga Estévez and Miguel Arias Cañete to the Commission
Subject : Problems related to fishing licences for the Community black hake fishery fleet 38

E-1947 / 94 by Joaquin Sisó Cruellas to the Commission
Subject : The Cohesion Fund in Spain 38

95 / C 30 / 91 E-1949 / 94 by Daniel Varela Suanzes-Carpegna to the Commission

Subject : Industrial anxiety in Burela ( Lugo province, Spain ) arising from the use of illegal fishing
equipment by French fishermen 38

95 / C 30 / 92

95 / C 30 / 93

95 / C 30 / 94

95 / C 30 / 95

95 / C 30 / 96

95 / C 30 / 97

95 / C 30 / 98

95 / C 30 / 99

95 / C 30 / 100

95 / C 30 / 101

95 / C 30 / 102

95 / C 30 / 103

E-l 95 1 / 94 by Joaquin Sisó Cruellas to the Commission
Subject : Tax advantages offered by certain Spanish regions 39

E-1955 / 94 by Jannis Sakellariou to the Commission
Subject : Recognition of medical studies in EU Member States 39

E-l 959 / 94 by Christine Oddy to the Council
Subject : Food aid in the Horn of Africa 40

E-l 965 / 94 by Christine Oddy to the Commission
Subject : GMB analysis entitled ' Divided by Degrees ' 40

E-l 975 / 94 by Alex Smith to the Commission
Subject : Import and export of radioactive acids 41

E-l 98 1 / 94 by Hiltrud Breyer to the Commission
Subject : Construction of facilities for the static testing of aircraft outside the planning area at
Saarbrücken-Ensheim Airport 41

E-l 984 / 94 by Thierry Jean-Pierre to the Commission
Subject : Activities of the Forward Studies Unit 41

E-l 985 / 94 by Glyn Ford to the Commission
Subject : Billing in advance for services 43

E-1988 / 94 by Bartho Pronk to the Commission
Subject : Pollution of the Meuse by chemical discharges in Belgium 43

E-l 990 / 94 by Freddy Blak to the Commission
Subject : State aid to MTW shipyards 43

E-l 992 / 94 by Yiannis Roubatis to the Commission
Subject : Albanian authorities ' detention of members of the Greek minority party ' Omonoia ' 44

E-l 994 / 94 by Hiltrud Breyer to the Commission
Subject : Supplies to research reactor FRM II in Garching by the ESA 45

( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 30 / 104 E-1999 / 94 by Carmen Díez de Rivera Icaza to the Commission
Subject : Euro-villages 45

95 / C 30 / 105 E-2003 / 94 by Carlos Robles Piquer to the Commission
Subject : Institutional aspects of Mediterranean policy 46

95 / C 30 / 106 E-2004 / 94 by Carlos Robles Piquer to the Commission
Subject : Need to stop smuggling of nuclear material which may be used for military purposes 46

95 / C 30 / 107 E-2007 / 94 by Winfried Menrad to the Commission
Subject : Distortions of competition caused by State aids 46

95 / C 30 / 108 E-2010 / 94 by Wilhelm Piecyk to the Commission
Subject : EC-aid for Schleswig-Holstein 47

95 / C 30 / 109 E-2015 / 94 by Hugh McMahon to the Commission
Subject : Helios Programme                   - 48

95 / C 30 / 110 E-2016 / 94 by Hugh McMahon to the Commission
Subject : Helios Programme 48

95 / C 30 / 111 E-20 18 / 94 by Hugh McMahon to the Commission
Subject : Redeployment of staff who are or become disabled 49

95 / C 30 / 112 E-2020 / 94 by Paul Lannoye to the Commission
Subject : Informing the public of ozone pollution 49

95 / C 30 / 113 E-2021 / 94 by Sergio Ribeiro to the Commission
Subject : The situation in the Alentejo and the Enxoé dam 49

95 / C 30 / 114 E-2022 / 94 by Jannis Sakellariou to the Commission
Subject : Discrimination against EU citizens under social security legislation in the Federal Republic
of Germany 50

95 / C 30 / 115 E-2024 / 94 by Jannis Sakellariou to the Commission
Subject : Introduction of an senior citizens ' identity card 50

95 / C 30 / 116 E-2027 / 94 by Kirsten Jensen to the Commission
Subject : Danish fish farms ' compliance with applicable rules 51

95 / C 30 / 117 E-2028 / 94 by Thierry Jean-Pierre to the Commission
Subject : Seconded national experts 51

95 / C 30 / 118 E-2032 / 94 by Jean-Marie Le Chevallier to the Commission
Subject : EEC / Turkey Association Agreement 52

95 / C 30 / 119 E-2033 / 94 by Manuel Monteiro to the Commission
Subject : Community funds allocated to Portugal since EEC accession 53

95 / C 30 / 120 E-2034 / 94 by Sergio Ribeiro to the Council
Subject : ' Variable geometry ', ' hard core ', ' two-speed Europe ' 53

Notice No Contents ( continued ) Page

95 / C 30 / 121 E-2035 / 94 by Sergio Ribeiro to the Commission
Subject : ' Variable geometry ', ' hard core ', ' two-speed Europe ' 54

95 / C 30 / 122 E-2037 / 94 by Cristiana Muscardini to the Commission
Subject : Statements opposing the completion of European Union 54

Joint answer to Written Questions E-2035 / 94 and E-2037 / 94 54

95 / C 30 / 123 E-2041 / 94 by Johanna Maij-Weggen, Ria Oomen-Ruijten, Bartho Pronk and Jan
Sonneveld to the Commission

Subject : Use of non-EU labour for short-term work in agriculture and horticulture 55

95 / C 30 / 124 E-2048 / 94 by Edward Kellett-Bowman to the Commission
Subject : 0ver-60s card 55

95 / C 30 / 125 E-2050 / 94 by Nikitas Kaklamanis to the Commission
Subject : Trade in wild species 56

95 / C 30 / 126 E-2076 / 94 by Jaak Vandemeulebroucke to the Commission
Subject : Use of official languages by the Commission 56

95 / C 30 / 127 E-2081 / 94 by Lilli Gyldenkilde to the Commission
Subject : Equal pay Directive 56

95 / C 30 / 128 E-2091 / 94 by Cristiana Muscardini to the Commission
Subject : Euro Info Centres 57

95 / C 30 / 129 E-2095 / 94 by João Soares to the Council
Subject : Plight of Portuguese workers in Germany 57

95 / C 30 / 130 E-2119 / 94 by Joan Colom i Naval to the Commission
Subject : Advertising for slimming products 58

95 / C 30 / 131 E-2120 / 94 by Carmen Díez de Rivera Icaza to the Commission
Subject : Activities to enhance the image of tourism for the elderly 58

95 / C 30 / 132 E-2122 / 94 by Nel van Dijk to the Commission
Subject : Discrimination against women by Dutch pension funds 59

95 / C 30 / 133 E-2123 / 94 by Carlos Robles Piquer to the Commission
Subject : Free trade unions in Cuba 59

95 / C 30 / 134 E-2129 / 94 by Glyn Ford to the Commission
Subject : Disability rights 60

95 / C 30 / 135 E-2 144 / 94 by Sérgio Ribeiro, Joaquim Miranda and Honório Novo to the
Commission

Subject : Attempt to discipline a police association leader in Portugal 60

( Continued overleaf )

Notice No Contents ( continued ) Page

95 / C 30 / 136 E-2161 / 94 by Amedeo Amadeo to the Commission
Subject : Assistance to the families of the elderly 61

95 / C 30 / 137 E-2165 / 94 by Alexandros Alavanos to the Commission
Subject : Infringement of human rights in Tibet through China 's continuing occupation 61

95 / C 30 / 138 E-2 192 / 94 by Maren Gunther to the Commission
Subject : Disaster relief operations in Rwanda 62

95 / C 30 / 139 E-2241 / 94 by Hugh Kerr to the Commission
Subject : ESF funding 62

95 / C 30 / 140 E-2249 / 94 by David Bowe to the Commission
Subject : Risks to human health posed by dioxins 63

95 / C 30 / 141 E-2343 / 94 by Jose Barros Moura to the Commission
Subject : Neo-Nazi attacks on Portuguese nationals in Germany 63

6 . 2 . 95 Official Journal of the European Communities No C 30 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-1659 / 94

by Kirsten Jensen ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 01 )

Subject : CFC

The Commission authorizes the importing of 85 000 tonnes
of carbon tetrachloride each year . Will it please explain the
purpose of this substance — since it may no longer be used
for the production of CFC ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(4 October 1994 )

The Commission has not given permission to import 85 000
tonnes of carbon tetrachloride but has issued actual import
quotas for importation into the Community of less than
43 000 tonnes of carbon tetrachloride for 1994 .

The amount of 85 000 tonnes mentioned corresponds to the
theoretical amount which would be allowed as imports into
the Community, provided the proportion between internal
production and imports of ozone-depleting substances was
not changed ( this has been the policy in Community
legislation on this subject, in order to respect the relevant
trade policy aspects ).

The Honourable Member is correct in pointing out that the
need for the importation of carbon tetrachloride as a
feedstock for the production of chlorofluorocarbons
( CFCs ) is already considerably reduced as the use of these
chemicals is phased out . This is partly reflected by the fact
that the requests for the import quotas of carbon
tetrachloride were much lower than the theoretical figure

mentioned and furthermore the actual imports of the
substance over the first six months of this year were much
lower, notably just over 2 400 ozone-depleting potential
( ODP ) tonnes .

It is important to note that in the admitted feedstock use of
carbon tetrachloride in this context carbon tetrachloride is

chemically transformed or destroyed, causing no damage to
the ozone layer . It is correct however, as implied in the
question, that the need for carbon tetrachloride will be
progressively reduced and the Commission is convinced that
this will be reflected in next year 's allocation of import
quotas for the Community .

It should also not be overlooked that the production of
HCFCs, constituting an important substitute for the more
severely ozone-depleting CFCs, may directly or indirectly
require carbon tetrachloride as a feedstock .

WRITTEN QUESTION E-1666 / 94

by Mihail Papayannakis ( GUE )

to the Commission

(1 September 1994 )

95 / C 30 / 02 )

Subject : Regional development programme and the
creation of wind parks

The only environmental measure provided for in the section
of the Greek regional development programme dealing with
energy is the creation of wind parks .

Given the problems previously encountered by the
Commission in attempting to finance such parks in Spain,
what measures will it now take to prevent actions of this

No C 30 / 2 Official Journal of the European Communities 6 . 2 . 95

kind in future and to provide effective protection for
migratory birds, as required by Community law ?

Answer given by Mr Millan
on behalf of the Commission

( 10 October 1994 )

In their regional development plan for Greece, as amended,
the Greek authorities put a clear emphasis both on the
rational use of energy and on the exploitation of renewable
sources of energy . This priority is shared by the Commission
and is reflected in the recently adopted Commission Support
Framework ( CSF ) for Greece ( 1994-1999 ) and the
corresponding Operational programme for energy
approved on 29 July 1994 .

As with other activities being co-financed by the Structural
Funds, the Commission will ensure through close
monitoring that, in accordance with the relevant provision
in the new CSF, Community legislation on the environment,
including that relating to the protection of migratory birds,
is respected by the Greek authorities in the implementation
of the Operational programme for energy .

WRITTEN QUESTION E-1668 / 94

by Mihail Papayannakis ( GUE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 03

Subject : Regional development programme and
cooperation with economic and social partners

Article 4 of Regulation ( EEC ) No 2081 / 93 (*) requires the
Greek authorities to cooperate closely with all economic and
social partners . The regional development programme
contains no clear provisions on this matter . How does the
Commission intend to ensure that such cooperation is
achieved ?

O OJ No L 193, 31 . 7 . 1993, p . 5 .

Answer given by Mr Millan
on behalf of the Commission

( 10 October 1994 )

The 1994-1999 Community support framework for
Greece states that the Commission and the Greek

authorities have decided that the Monitoring Committees at
all levels will organize their work so that the economic and
social partners are involved on a regular basis .

This mutual commitment should be given concrete form
through decisions to establish and operate the Monitoring
Committees for the CSF and the programmes .

Furthermore, in many instances ( e.g. the industry
programmes, vocational training, combating exclusion
from the labour market ) the economic and social partners
are involved as intermediaries in the implementation of

measures .

WRITTEN QUESTION E-1669 / 94

by Raymonde Dury ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 04

Subject : Commission competition and recruitment

Open competition COM / A / 730 produced a reserve list on
which some names still remain . According to my
information, two successful candidates are still waiting for
posts . DG XXI is nevertheless recruiting generalist
administrators from the list which resulted from the

'
non-specialists competition . Would the Commission state
why officials are not being recruited from a list of candidates
of proven worth ? Why are people who have passed
examinations not being recruited when there are posts
available ?

Answer given by Mr Van Miert

on behalf of the Commission

( 25 October 1994 )

The Commission would inform the Honourable Member

that the purpose of its open competitions is to constitute
reserve lists .

The Staff Regulations and implementing provisions require
reserve lists to contain at least twice as many names as there
are posts to be filled . Successful candiates, therefore, have no
guarantee of being appointed to a post in the Commission ;
their entry on the reserve list simply makes them eligible for
appointment as probationary officials . The appointing
authority takes appointment decisions at the request of
Directorates-General, which select candidates whose
profiles match the specific vacancies they have .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 3

The reserve list for competition COM / A / 730 had 33 names
on it — 18 in the customs field and 15 in the indirect

taxation field . There is only one candiate in each field left on
it . It is valid until 31 December 1994, but it could then be
extended ; proposals for recruitment of the two remaining
candidates might be made if the budget permits and the
priority needs of DGs, including DG XXI, warrant this .

Regarding the lists from other competitions, DG XXI, like
the other DGs, has a number of posts that do not necessarily
require specialist qualifications, and it is quite reasonable to
fill vacancies from the lists of successful candidates

corresponding more closely to the requirements of such

posts .

WRITTEN QUESTION E-1672 / 94

by José Happart ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 06 )

Subject : Rules governing imports of phytopharmacological

products

Pharmaceuticals marketed in the European Community
have already been approved in their country of origin .

Why, in this case, is it compulsory, once such products have
reached Belgian territory, to go through the long and costly
process of obtaining a licence from the Belgian Ministry of
Public Health before they can be distributed ?

WRITTEN QUESTION E-1671 / 94 What is the reason for these protectionist measures in a

by Raymonde Dury ( PSE ) single market ?

to the Commission

(1 September 1994 )

( 95 / C 30 / 05 ) Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(3 October 1994 )
Subject : Competition COM / LA / 761 — recruitment of

Portuguese-language assistant interpreters

Would the Commission state why the published rules ( J )
were not adhered to in the case of competition
COM / LA / 761 ?

Although eight compulsory tests were scheduled, the
candidates were dismissed after only three of them had been
completed .

(!) OJ No C 324, 10 . 12 . 1992 .

Answer given by Mr Van Miert

on behalf of the Commission

(4 October 1994 )

The rules published in competition notice COM / LA / 761
were respected .

The candidates who on completion of the first set of tests
had not obtained the minimum mark or marks as specified
in the competition notice were asked to withdraw from
subsequent tests since they could not hope to succeed in the
competition .

The Commission has already had an opportunity to consult
with the Belgian authorities regarding the legislation
applicable to the sale of plant protection products ( and
pesticides for agricultural use ). According to information
received from them, the legislation currently in force in
Belgium consists of :

— the Royal Decree of 28 February 1994 on the storage,

sale and use of agricultural pesticides, which partially
replaces the Royal Decree of 5 June 1975 concerning
pesticides and plant protection products, with the latter
now applying only to pesticides not intended for
agricultural use ;

— the Royal Decree of 29 October 1981 on the
authorization of firms which manufacture, import or
package plant protection products, as amended by the
Royal Decree of 28 February 1994 .

The Royal Decree of 28 February 1994 transposes into
Belgian law Council Directive 91 / 414 / EEC concerning the
placing of plant protection products ( and pesticides for
agricultural use ) on the market . The Directive provides for
the establishment, over a period of some twelve years, of an
exhaustive Community list of authorized active substances ;
it also requires Member States to introduce a procedure for
authorizing all possible uses of such active substances, while
at the same time obliging them to recognize authorizations
granted by other Member States under the terms of the
Directive . On examination, the Royal Decree of 28 February

1994 would seem to transpose Directive 91 / 414 / EEC
correctly .

No C 30 / 4 Official Journal of the European Communities 6 . 2 . 95

The placing on the market of pesticides not intended for
agricultural use, which are not covered by the Directive, is
still governed by the Royal Decree of 5 June 1975 . In the
absence of Community-level harmonization, this legislation
has to be examined in the light of the principle of free
movement of goods set out in Articles 30 to 36 of the EC
Treaty and as clarified by the relevant case-law of the Court
of Justice . As Community law currently stands, and
particularly in the absence of harmonized provisions ( even
though a draft ' biocides ' Directive was adopted in July

1993 ), Member States may therefore, for reasons relating to
protection of human health and of the environment, subject
pesticides to an authorization procedure prior to their being
placed on the market, provided that they recognize the
results of equivalent tests and analyses already carried out in
other Member States ( see the judgment in Case 272 / 80
Biologische Producten [ 1981 ] ECR 3277 ). An examination
of the Royal Decree of 5 June 1975 has revealed that it does
take account of the mutual-recognition requirement since it
contains a provision on the recognition of authorizations
granted by accredited bodies in another Member State .

The Royal Decree of 29 October 1981 requires firms which
manufacture, import, package or export plant protection
products to seek authorization for these activities . To be
granted authorization, firms must satisfy certain conditions,
e.g. possession of premises ' suitable ' for the exercise of these
activities, keeping of a permanent inventory of plant
protection products that have been imported,
manufactured, packaged or exported, communication of
any information which the competent Belgian authorities
might deem necessary, and presentation of six-monthly
declarations to the Minister for Agriculture regarding the
quantities of plant protection products imported,
manufactured, packaged or exported and any active
substances contained in those products .

The Decree has been examined on the basis of Articles 20 to
36 of the EC Treaty, which relate to the principle of free
movement of goods, and the relevant case-law of the Court
of Justice . In the light of this case-law, the Commission
contacted the Belgian authorities to establish whether the
measures concerned were necessary and proportionate to
their objectives, i.e. to protect health and the environment,
which were in themselves legitimate .

In their reply, the Belgian authorities placed the obligations
arising under the 1981 Decree in a wider context . In no way
do they regard the Decree as imposing a considerable burden
on the traders concerned, and particularly not on importers,
who are in any event not required to possess suitable storage
premises where they operate a system of direct delivery from
abroad . This type of authorization costs just BAR 90, the
price of a tax stamp . Obtaining, via the authorization
procedure, reliable statistics on the sale and use in Belgium
of agricultural pesticides, which could apparently not be
obtained from Eurostat, was essential and altogether
proportionate to the aim of protecting health and the
environment .

This reply is currently being scrutinized by the Commission,
which, if appropriate, will be certain to apply the procedure
laid down in Article 169 of the EC Treaty .

WRITTEN QUESTION E-1674 / 94

by Jean-Marie Le Pen ( NI )

to the Council

(1 September 1994 )

( 95 / C 30 / 07

Subject : Purchase of property in Austria by
non-nationals

Austria, which is soon to become a member of the European
Union, has no system of dual nationality and certain Lander
apparently do not allow non-nationals to purchase

property .

This law has resulted in a women married to a French

national being refused the right to purchase her parents '

property .

1 . Will Austria 's accession to the Union resolve this

problem ?

2 . If not, does this not conflict with the spirit and letter of
the Treaty of Rome ?

Answer

(2 December 1994 )

1 . The Council would refer to the third indent of

Article B of the Treaty on European Union, whereby the
Union sets itself the objectives of strengthening the
protection of the rights and interests of the nationals of its
Member States through the introduction of a citizenship of
the Union . As from the entry into force of the Treaty of
Accession of Norway, Austria, Finland and Sweden and of
the Act concerning the conditions of accession of the new
Member States to the Union, these States will have the same
position in relation to the general principles of Community
law as the current Member States . These principles include,
in particular, equal treatment of citizens and the prohibition
of discriminatory treatment on the basis of nationality
within the sphere of application of Community law .

2 . As regards the acquisition of immovable property by
the nationals of other Member States, the general principles
mentioned above also apply . However, Article 70 of the Act
of Accession provides that

' notwithstanding the obligations under the Treaties on
which the European Union is founded, the Republic of

6 . 2 . 95 Official Journal of the European Communities No C 30 / 5

Austria may maintain its existing legislation regarding
secondary residences for five years from the date of
accession '.

Moreover, the Final Act contains the following Joint
Declaration :

" Nothing in the ' acquis communautaire ' prevents
individual Member States from taking national,
regional, or local measures regarding secondary
residences, provided that they are necessary for land-use
planning and environmental protection and apply
without direct or indirect discrimination between

nationals of the Member States in conformity with the
' acquis '.".

The Accession Treaty does not otherwise allow Austria any
exceptions from the ' acquis communautaire ' as regards the
purchase of property by nationals of other Member
States .

3 . Finally, with more particular regard to the final
question raised by the Honourable Member, the Court of
Justice has jurisdiction to rule on the interpretation of the

Treaty and the Commission has responsibility for ensuring
that it is applied .

WRITTEN QUESTION E-1680 / 94

by Gijs de Vries ( ELDR )

to the Commission

(1 September 1994 )

( 95 / C 30 / 08 )

Subject : Treatment of EU nationals by the British tax

authorities

A Netherlands national, Mrs B. Crutch nee van der Linden,
has drawn my attention to the treatment she has received at
the hands of the British tax authorities, which in her view is
contrary to the article ( Article 7 ) of the Treaty of Rome
prohibiting discrimination . For years, the Inland Revenue
has been evading the issue of how Article 7 of the Treaty
should be interpreted for the purpose of applying British tax
legislation .

Will the Commission investigate Mrs Crutch 's complaint
and state whether the action of which she complains is
indeed incompatible with the Treaty ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 13 October 1994 )

The information supplied with the question has been

registered as a complaint and the Commission will ensure, if

necessary, that the matter is investigated in accordance with
the procedure laid down in Article 169 of the EC Treaty .

WRITTEN QUESTION E-1684 / 94

by Marianne Thyssen ( PPE )

to the Commission

(1 September 1994 )

95 / C 30 / 09

Subject : Use of languages at the Office for Harmonization

in the Internal Market ( trademarks, designs and
models ), hereinafter known as the ' Trademark
Office '

Commissioner Vanni d'Archirafi has provided only a partial
reply to my Written Question E-3709 / 93 ( x ). I therefore
wish to repeat the unanswered part .

Does the Commission believe that the restriction of the

number of languages at the Trademark Office ( Regulation
of 20 December 1993 on the Community trade mark ) is
compatible with the letter and spirit of the Treaty of Rome
as amended by the Luxembourg and Maastricht treaty ?

Does the Commission not feel that restricting the number of
languages will lead to a distortion of competition between
the firms which have to work with the Trademark

Office ?

Does the Commission not feel that firms ( including many
small and medium-sized businesses ) and ( other ) individuals
should have the freedom to use the official language of their
place of establishment in the European Community when
dealing with the European institutions and their services and
organizations ?

(!) OJ No C 300, 27 . 10 . 1994, p . 47 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(5 October 1994 )

The Commission would recall that the main ingredients for
a reply can be found in the reply to the Honourable
Member 's question No 3709 / 93 .

For the reasons set out in the previous reply, the
Commission considers that the language arrangement for
the Office for harmonization in the internal market, as laid
down in Regulation ( EC ) No 40 / 94, is compatible with the
EC Treaty, as amended by the Treaty on European
Union .

In this respect, it should be recalled that the Commission
noted that the general principles relating to the recognition

No C 30 / 6 Official Journal of the European Communities 6 . 2 . 95

of the official languages of the Community are laid down in
Council Regulation No 1 of 15 April 1957 i 1 ).

The Commission does not have any reason to believe that
the language arrangement will have a negative impact on
competition between the enterprises that will be dealing
with the Office .

Finally, the Commission would underline that it shares the
view in the last paragraph of the question . In this respect, it
may be useful to recall that applications for Community
trade marks may be filed in any of the official languages of
the Community and that, subsequently, these applications
will be published in all the languages of the Community .

(') OJ No 385, 6 . 10 . 1958, as amended by later acts of

accession .

WRITTEN QUESTION E-1688 / 94

by Wim van Velzen ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 10 )

The situation which the Honourable Member refers to in his

question results from the fact that under Article 13(2 ) of
Regulation ( EEC ) No 1408 / 71 ( 1 ), any person in paid
employment within the territory of a Member State is
subject to the social insurance legislation of such Member
State even if they are resident within the territory of a
different Member State . With respect to income tax,
however, the right to tax is governed by bilateral agreements
between Member States, and it is often stipulated with
regard to frontier-zone workers that income tax is to be
levied in their country of residence ; this is also the case under
the bilateral arrangements between Belgium and the
Netherlands .

It must be recognized that changes in the level of social
insurance and tax contributions may adversely affect
frontier-zone workers ' income, especially when an increase
in social insurance contributions in a Member State are

compensated for by a reduction in income tax . However, it
must also be recognized that if the same changes applied the
other way round, this could work to the advantage of
frontier-zone workers .

The Commission considers that under Community law as it
stands, the measures taken by the Dutch authorities are
unlikely to constitute an infringement of that law .
Nevertheless, the Commission is currently looking at the
problem with a view to finding solutions at Community
level .

(!) OJ No L 149, 5 . 7 . 1971 .
Subject : Loss of income incurred by Belgian frontier

workers in the Netherlands

Is the Commission aware that Belgian frontier workers have
suffered a substantial loss of income in comparison with
their Dutch counterparts because of a rise in Dutch social
insurance premiums ?

Does not this situation violate the principle of equal
treatment of workers in the same Member State, and if so,
what does the Commission intend to do ?

Answer given by Mr Flynn
on behalf of the Commission

( 19 October 1994 )

The Commission is fully aware of the problems which have
arisen for Belgian frontier-zone workers following a change
of the law in the Netherlands whereby on the one hand
social insurance contributions were increased and on the

other hand taxes were reduced . This measure did not have

any effect on the net pay of workers employed and resident
in the Netherlands . However, Belgian workers resident in
Belgium but employed in the Netherlands have been obliged
to pay higher social insurance contributions without being
able to profit in return from the tax reduction in the
Netherlands .

WRITTEN QUESTION E-1689 / 94

by Wim van Velzen ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 11

Subject : Recognition of Dutch nursing diploma A in

Belgium

Is the Commission aware that, although the Dutch nursing
diploma A requires more than three years ' training, the
Belgian authorities do not even regard it as equivalent to the
Belgian ' brevet van ziekenhuisassistent ' ( which requires two
years ' training )?

Does the Commission regard this as a correct application of
Directives 77 / 452 / EEC ( J ) and 77 / 453 / EEC ( 2 ) and if not,
what action does the Commission intend to take ?

(!) OJ No L 176, 15 . 7 . 1977, p . 1 .

( 2 ) OJ No L 176, 15 . 7 . 1977, p . 8 .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 7

WRITTEN QUESTION E-l 803 / 94

by Arie Oostlander ( PPE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 12

Subject : Recognition of nursing diplomas

1 . Can the Commission say whether the decision by the
Flemish authorities not to recognize the Netherlands ' ' A '
nursing certificate as equivalent to Belgian certificates
granting access to the profession of general nurse is lawful
by virtue of the rules of Directive 77 / 452 / EEC ?

2 . If the decision by the Flemish authorities is not lawful,
when and in what way will the Commission intervene with
the Flemish authorities in favour of the persons affected ?

WRITTEN QUESTION E-l 865 / 94

by Ria Oomen-Ruiiten ( PPE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 13

Subject : Dutch nursing staff and recognition of
qualifications

1 . Is the Commission aware that, in spite of Directive
77 / 452 / EEC, Dutch nurses wishing to work as nurses in
Belgium are having to satisfy additional requirements ?

2 . Has the Commission already taken action in this
connection ?

3 . Will it consider this issue and propose a solution in the
near future ?

Joint answer to Written Questions
E-1689 / 94, E-l 803 / 94 and E-1865 / 94

given by Mr Vanni d'Archirafi

on behalf of the Commission

(6 October 1994 )

The Commission is aware of the difficulties encountered by
holders of the Dutch ' verpleegkundige A ' diploma who wish
to have their qualification recognized in Belgium in order to
practise there as a nurse responsible for general care .

In response to the Commission 's request for their comments
on this matter, the Belgian authorities stated that they did

not regard the ' verpleegkundige A ' diploma awarded in the
Netherlands after 29 July 1979 as satisfying the minimum
requirements laid down in Directive 77 / 45 3 / EEC for the
training of nurses responsible for general care . They
considered that, in order to meet those requirements, the
training undergone by holders of such a diploma needed to
be supplemented by practical courses in psychiatry and
home nursing . The Commission subsequently asked the
Dutch authorities for information regarding the compliance
of the ' verpleegkundige A ' diploma with Directive
77 / 453 / EEC .

The Commission would emphasize that, under the system of
recognition introduced by Directive 77 / 452 / EEC
concerning the mutual recognition of diplomas, certificates
and other evidence of the formal qualifications of nurses
responsible for general care, each Member State must give
the same legal effect in its territory to the other Member
States ' qualifications listed in that Directive — provided that
those qualifications satisfy the minimum training
requirements laid down in coordination Directive
77 / 453 / EEC .

The matter will be looked into further, on the basis of the
Community legislation referred to above, once the Dutch
authorities ' comments have been received .

WRITTEN QUESTION E-1691 / 94

by Florus Wijsenbeek ( ELDR )

to the Commission

(1 September 1994 )

( 95 / C 30 / 14 )

Subject : Unreasonable seizure of lorries in Italy

1 . Is the Commission aware that some Member States

( Italy, Spain and the United Kingdom ) seize transport
company vehicles which are involved in accidents with
pedestrians, regardless of who is at fault ?

2 . Is the Commission aware of the letter of 28 March

1994 from Koninklijk Netherlands Vervoer to
Commissioner Matutes concerning such a case in Italy ?

3 . Can the Commission imagine how much damage such
a long period of seizure will have caused to the haulier ?

4 . Does the Commission realize that application of such
a procedure creates a situation entirely at odds with the legal
situation in other Member States ?

No C 30 / 8 Official Journal of the European Communities 6 . 2 . 95

5 . Does the Commission agree that the need for surety
where such an accident has occurred could be met more

satisfactorily by lodging a deposit or a banker 's guarantee,
so as to avoid hampering the carrier 's activities for an
unnecessarily long period of time ?

6 . Will the Commission take measures at an early date to
ensure that judicial procedure is standardized in all Member
States ?

7 . If so, what measures ?

Answer given by Mr Oreja
on behalf of the Commission

( 31 October 1994 )

1 . and 2 . The Commission is aware that in some Member

States, the police authorities seize lorries which have been
involved in accidents with pedestrians . The Commission is
not aware that any such practices discriminate between
national lorries and lorries from other Member States .

3 . to 7 . At present enforcement and sanctions are
primarily a matter for the national authorities . The recent
report of the Committee of enquiry on road freight
transport in the single European market ( page 16 ) supports
the impounding of vehicles in cases of serious infringements
of regulations . In its follow-up to the Committee of
enquiry 's report, the Commission will consider how to
develop Community policy on enforcement, including the
question of the impounding of vehicles .

WRITTEN QUESTION E-1696 / 94

by Miguel Arias Canete ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 15 )

Subject : Drift-nets

At its May part-session, Parliament rejected the Council 's
request for urgent procedure concerning the proposal for a
Council Regulation to amend for the sixteenth time
Regulation ( EEC ) No 3094 / 86 (*) on certain technical
measures for the conservation of fish stocks, which would
amend Article 9a on the use of drift-nets . This means that
the Regulations currently in force, which ban the use of nets

over 2,5 km in length, will apply over the next tuna-fishing
season, as the exemption made for a number of vessels
belonging to the French fleet, authorizing nets of 5 km in
length, expired on 31 December 1993 .

In view of the above, what measures will the Commission
take to ensure compliance with the measures in force and to
prevent any repetition of the offences committed recently, as
recognized by the Commission in its report of 8 April 1994
on the use of large drift-nets under the common fisheries
policy ( 2 ), in order to advert conflicts during the present
tuna-fishing season — which started in June — like those
which recently took place between French and Spanish
fishermen over anchovy fishing ?

(!) OJ No L 288, 11 . 10 . 1986, p . 1 .

( 2 ) COMÍ94 ) 50 final .

WRITTEN QUESTION E-1697 / 94

by Miguel Arias Canete ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 16 )

Subject : Illegal use of drift-nets by French vessels

Parliament 's resolutions on drift-nets, particularly the one
adopted at the part-session last December, clearly
demonstrate its condemnation of the use of drift-nets .
Similarly, through its rejection of the Council 's request for
urgent procedure concerning the proposal amending
Regulation ( EEC ) No 3094 / 86 for the sixteenth time,
Parliament has again shown its disinclination to accept
another proposal including an extension of the exemption
for nets 5 km in length for 31 French vessels throughout the

1994 fishing season . In his question of 3 May 1994, the
signatory requested information on the measures to be
adopted to enforce existing Regulations and prevent illegal
practices which, unfortunately, lead only to confrontations
between fleets from different Member States . These
conflicts emerged between the French and Spanish fleets at
the very beginning of the tuna-fishing season and tensions,
far from being allayed, continue to grow .

In view of the above, what measures will the Commission
take as a matter of urgency to put a stop to attacks and
prevent material damage or injury ? Does it not take the view
that the time has come to ban once and for all the use of large
drift-nets, given that the control exercised by Member States
is non-existent ?

6 . 2 . 95 Official Journal of the European Communities No C 30 / 9

Joint answer to Written Questions

E-1696 / 94 and E-1697 / 94

given by Mr Paleokrassas
on behalf of the Commission

(4 October 1 994 )

In so far as the albacore fishery takes place on the high seas,
each Member State is responsible for ensuring that vessels
flying its flag abide by the Regulations in force .

The Commission 's duty is to ensure that Member States
monitor the activities of their vessels, apply Community
Regulations correctly and prosecute infringements
according to their national laws . The Commission has gone
to considerable lengths to ensure that the Member States
concerned provide sufficient inspection resources both at
sea and ashore to control their fleets .

Throughout the whole of this year 's fishing campaign

Commission inspectors have been present and have
witnessed the inspections carried out by the national
authorities on the high seas . The level of control exercised
on this year 's fishery has reached unprecedented levels and
since the re-inforcement of this control, compliance with the
Regulations has greatly improved .

It is regrettable that conflicts arose between different fleets
during July resulting in violent action . The Commission
does not accept that there is any situation which justifies
fishermen of any Member State taking the law into their
own hands . Nor does it consider as acceptable the
denunciation of Community law by fishermen who may
claim that the limitation on the length of drift-nets of 2,5
kilometres, decided by the Council, is unjustified .

Any change in the present Regulations with regard to the use
of drift-nets will have to be decided by the Council based
upon the communication and the proposal presented by the
Commission earlier this year, taking into account the views
of all parties and including the opinions of the Economic
and Social Committee as well as the Parliament .

which is still inadequate, can the Commission clarify its
commitments in this field ?

1 . When will it submit an overall plan on the matter to the

European Parliament, with a view to initiating a
Community policy on tourism ?

2 . What stage has the report reached which the
Commission is to submit to the Council before 1996 to
ensure the incorporation in the Treaty of a specific title
on tourism ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 31 October 1994 )

1 . The 1993-1996 Community action plan to assist
tourism (*) is in the course of being implemented . An
assessment of the results will be made within the time laid

down .

The political future of the programme will depend on those
results and on the position adopted on the insertion into the
EC Treaty of a specific title on tourism .

2 . The Commission is preparing and plans to publish in
the next few months a Green Paper on possible options as
regards Community responsibilities in the field of tourism,
pending the report requested by 1996 in the Declaration on
Article 3(t ) of the Treaty on European Union .

The publication of the Green Paper, which will be submitted
to Parliament, will be followed by extensive consultation of
all interested parties .

The results of this consultation will be taken into account
for the purpose of preparing the report on the place to be
given to tourism in the Treaty on European Union, which
the Commission must present with a view to the revision of
that Treaty in 1996 .

(!) OJ No L 231, 13 . 8 . 1993 .

WRITTEN QUESTION E-1699 / 94
by Carmen Diez de Rivera Icaza ( PSE ) WRITTEN QUESTION E-l 707 / 94

to the Commission by José Valverde Lopez ( PPE )

(1 September 1994 ) to the Commission

( 95 / C 30 / 17 ) (1 September 1994 )

( 95 / C 30 / 18 )

Subject : Insertion of a specific title on tourism in the Treaty

on European Union

In view of the important role which tourism ought to play in
European integration, and the declaration on the matter
contained in Article 3 of the Treaty on European Union,

Subject : ESF investment in the Autonomous Community of

Extremadura ( Spain )

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of Extremadura ( Spain )

No C 30 / 10 Official Journal of the European Communities 6 . 2 . 95

over the 1986-1993 period ? Can the monitoring and final
evaluation reports on the matter be made available ?

WRITTEN QUESTION E-1723 / 94

by José Valverde Lopez ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 22 )
WRITTEN QUESTION E-l 708 / 94

by José Valverde Lopez ( PPE )

to the Commission

Subject : ESF investment in the Autonomous Community of
(1 September 1994 )

La Rioia ( Spain )
( 95 / C 30 / 19 )

Subject : ESF investment in the Autonomous Community of

Valencia ( Spain )

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of Valencia ( Spain ) over the

1986-1993 period ? Can the monitoring and final evaluation
reports on the matter be made available ?

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of La Rioja ( Spain ) over the

1986-1993 period ? Can the monitoring and final evaluation
reports on the matter be made available ?

WRITTEN QUESTION E-1725 / 94

by José Valverde Lopez ( PPE )

to the Commission

(1 September 1994 )

WRITTEN QUESTION E-l 709 / 94
( 95 / C 30 / 23 )

by José Valverde Lopez ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 20 ) Subject : ESF investment in the Autonomous Community of

the Principality of Asturias ( Spain )

Subject : ESF investment in the Autonomous Community of

the Basque Country ( Spain )

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of the Basque Country over
the 1986-1993 period ? Can the monitoring and final
evaluation reports on the matter be made available ?

WRITTEN QUESTION E-l 719 / 94

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of the Principality of
Asturia ( Spain ) over the 1986-1993 period ? Can the
monitoring and final evaluation reports on the matter be
made available ?

WRITTEN QUESTION E-1729 / 94

by José Valverde Lopez ( PPE )

by José Valverde Lopez ( PPE )

to the Commission

to the Commission

(1 September 1994 )

(1 September 1994 )

( 95 / C 30 / 21 )

( 95 / C 30 / 24 )

Subject : ESF investment in the Autonomous Community of

Subject : ESF investment in the Autonomous Community of
Navarre ( Spain )

Aragon ( Spain )

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of Aragon ( Spain ) over the

1986-1993 period ? Can the monitoring and final evaluation
reports on the matter be made available ?

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of Navarre ( Spain ) over the

1986-1993 period ? Can the monitoring and final evaluation
reports on the matter be made available ?

6 . 2 . 95 Official Journal of the European Communities No C 30 / 11

WRITTEN QUESTION E-l 730 / 94

by José Valverde Lôpez ( PPE )

Joint answer to Written Questions E-1707 / 94, E-l 708 / 94,

E-1709 / 94, E-1719 / 94, E-1723 / 94, E-1725 / 94,
E-1729 / 94, E-l 730 / 94, E-1733 / 94 and E-1737 / 94

to the Commission

given by Mr Flynn
(1 September 1994 ) on behalf of the Commission

( 95 / C 30 / 25 ) (9 November 1994 )

Subject : ESF investment in the Autonomous Community of

Murcia ( Spain )

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of Murcia ( Spain ) over the

1986-1993 period ? Can the monitorng and final evalution
reports on the matter be made available ?

WRITTEN QUESTION E-l 733 / 94

by José Valverde Lopez ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 26 )

Subject : ESF investment in the Autonomous Community of

The Honourable Member may wish to refer to the ESF
annual reports ( 1986-1992 ) and to the annual reports on
the implementation of the reform of the Structural Funds
( 1989-1992 ).

These documents have been regularly forwarded to
Parliament .

Information relating to 1993 has already been published in
the following documents :

— Background information : ' Country profiles : Spain ' ( DG

XVI brochure covering the period 1989-1993 ) ( one
copy forwarded to the Honourable Member and one to
the General Secretariat of the Parliament );

— The collection relating to the Spanish regions and the

European Union : one text for each region, listing all
Community operations for this period ; distributed to all
MEPs prior to the last elections .

Cantabria ( Spain ) WRITTEN QUESTION E-1746 / 94

by David Bowe ( PSE )

to the Commission

What has been the outcome of the allocation of ESF funding
to the Autonomous Community of Cantabria ( Spain ) over (1 September 1994 )
the 1986-1993 period ? Can the monitoring and final ( 95 / C 30 / 28 )
evaluation reports on the matter be made available ?

( 95 / C 30 / 28 )

WRITTEN QUESTION E-1737 / 94

by José Valverde Lopez ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 27 )

Subject : ESF investment in the Autonomous Community of

Subject : Desertification

1 . What is the outcome of the recently signed
International Convention to Combat Desertification ?

2 . In view of the UN 's estimate that desertification
threatens the livelihoods of 900 million people, and in view
of the fact that current expenditures to combat
desertification fall far short of what the UN estimates to be

necessary, what steps and measures will the Commission be
proposing to help combat desertification ?

Catalonia ( Spain ) Answer given by Mr Marin
on behalf of the Commission

( 26 October 1994 )
What has been the outcome of the allocation of ESF funding
to the Autonomous Community of Catalonia ( Spain ) over
the 1986-1993 period ? Can the monitoring and final 1 . The negotiations leading to an International
evaluation reports on the matter be made available ? Convention to Combat Desertification and Drought and

No C 30 / 12 Official Journal of the European Communities 6 . 2 . 95

four regional Annexes ( Africa, Latin America, Asia and the
Northern Mediterranean ) were concluded on 17 June in
Paris, barely two years after the conclusion of the Rio
Conference on Environment and Development ( June 1992 ).
This represents a success, given the long period normally
required in negotiations of this sort within the United
Nations framework . The ceremony marking the signing of
Convention took place in Paris on 14 and 15 October .

In view of the acknowledgment by the Rio Conference that
Africa 's priority in terms of desertification and drought
control, its regional implementation Annex is more
extensive and of a more operational nature than the other
three . Africa 's special circumstances and preferential status
were also recognized in a ' Resolution on interim
arrangements and urgent action for Africa '.

2 . The Community was one of the chief participants in
the difficult, but ultimately successful, negotiations . The
Commission will continue, through on-site practical
assistance, to support desertification and drought control
programmes within the framework of this new Convention
and under the Fourth Lome Convention, which devotes a
separate chapter to this issue ( Title II, Chapter 2, Articles 54
to 57 ).

Itinerant traders conduct their business on markets, which
are generally public places subject to the control of national
or local authorities . These places are in most cases
temporarily made available for vending purposes against
payment of a site fee or specific charge to the appropriate
authority . It is therefore national or local rules applying to
the use of public places that govern the activities of itinerant
traders, including the assignment of market trading
rights .

In the absence of clear evidence as to the effect of disparities
in this field in the legislative, regulatory and administrative
provisions of the Member States on the freedom of
establishment and the operation of the Single Market, the
Commission does not plan at this stage to propose
harmonization measures . However, the Commission will
continue to ensure that such legislative, regulatory and
administrative provisions do not infringe the EC Treaty .

WRITTEN QUESTION E-l 749 / 94

by Kenneth Coates ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 30

WRITTEN QUESTION E-l 748 / 94 Subject : European coal and steel

by David Bowe ( PSE )

In answer to a question in the British Parliament, a

Commission government minister has stated that European Coal and

September 1994 ) Steel has provided non-repayable aid under Article 56 of the

( 95 / C 30 / 29 ) ECSC Treaty as follows :

to the Commission

(1 September 1994 )

Subject : Rights of assignment of market trading rights

Rights of assignment of market trading rights from one
proprietor to another differ across the EU . These rights do
not exist in the UK but do in other parts of EU .

Has the Commission looked into such disparities between
Member States and whether a system of rights could be
proposed for market traders throughout Europe ? If not,
why not ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(£ million )

1993-1994 8,0

1992-1993 32,2

1991-1992 36,2

1990-1991 17,9

1989-1990 22,3

What details are available to the Commission of the
purposes for which applications for these grants were
made ?

Can the Commission provide a detailed breakdown ?

( 31 October 1994 ) Answer given by Mr Flynn
on behalf of the Commission

(9 November 1994 )
The Commission is closely following developments in the
itinerant trading sector, a sector which, because it naturally
involves geographical mobility, constitutes a vital A detailed breakdown — by company and type of social
component of the Single Market . measure — of Article 56 ECSC Treaty re-adaptation aids

6 . 2 . 95 Official Journal of the European Communities No C 30 / 13

granted to the United Kingdom for the period 1989 to 1993
is forwarded to the Honourable Member and to the

Secretariat-General of the Parliament .

WRITTEN QUESTION E-l 754 / 94

by Winifred Ewing ( ARE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 31

Subject : Discrimination against foreign teachers in French

schools

Given the agreed principle that professional people should
be allowed to practise their profession in any other Member
State of the European Union why is it that the French board
of education still demands that a qualified British teacher
should sit the Capes before being able to hold a teaching
post in a French school ?

Will the Commission please investigate this situation ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(3 October 1994 )

The recognition of teaching qualifications is covered by two
recent Directives which are specifically designed to
overcome the obstacles to mutual recognition of
professional training not covered by sectoral Directives

( Directive on doctors, etc .).

According to the level of studies completed, the Directive
applicable is either Directive 89 / 48 / EEC on a general system
for the recognition of higher-education diplomas awarded
on completion of professional education and training of at
least three years ' duration (*), which took effect on
4 January 1991, or Directive 92 / 51 / EEC ( 2 ), which
complements the above Directive and came into force on

18 June 1994 .

These Directives apply only to regulated professions but
they do not require Member States to regulate the pursuit of
the professions which could be covered by them, and they do
not in themselves coordinate post-university, secondary or
technical education and training . They simply constitute a
reference standard specifying the necessary and sufficient
conditions which education and training have to meet to be
recognized in the Member States . The Member States retain
their freedom to define the minimum level of qualifications
required for access to and pursuit of a profession, but

recognition covers only those forms of education and
training which meet the conditions laid down by the
Directives . Moreover, provision is made for compensatory
measures ( aptitude test or adaptation period at the
migrant 's choice ) in order to make up for any substantial
differences between different forms of professional
education and training .

Given that teaching is a regulated profession both in the
United Kingdom and in France, these Directives apply
provided that the migrant is fully qualified professionally in
his Member State of origin, i.e. that he has, in addition to
obtaining his qualification, completed all the steps and
stages necessary to gain full access in his Member State of
origin to the profession he wishes to pursue .

With regard to the Capes, this is a recruitment competition
which is the only means of selection in certain branches of
State education in France . Directives 89 / 48 / EEC and

92 / 51 / EEC do not prejudice a Member State 's right, as an
employer, to impose specific recruitment conditions such as
recruitment by competitive examination, unless proof of
disguised discrimination is furnished . Migrants must
therefore sit the Capes examination even if they are already
fully qualified in their country of origin, although they must
be completely exempted from the professional training
period which follows that examination in the French public
service . This is without prejudice to any compensatory
measure that may be required . A trial period may also be
imposed on any migrant who, after successfully sitting the
examination, enters the French public service for the first
time .

In the case of private education in France, by contrast, the
value of a qualification, whether national or foreign, is
determined purely by market forces .

(!) OJ No L 19, 24 . 1 . 1989 .

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

WRITTEN QUESTION E-1761 / 94

by Winifred Ewing ( ARE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 32 )

Subject : Administrative costs of development aid from

EU

Has the Commission ever calculated the percentage of its
development aid budget which is spent on administrative
costs ? Will it please provide information on these costs in
relation to overall budget allocations for development
aid ?

No C 30 / 14 Official Journal of the European Communities 6 . 2 . 95

Answer given by Mr Marin
on behalf of the Commission

( 21 September 1994 )

The Commission is gathering the necessary information to
reply to the question and will transmit the results of its
research as soon as possible .

WRITTEN QUESTION E-l 767 / 94

by Glyn Ford ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 33 )

Subject : Health and safety standards for holiday
accommodation

In the light of a complaint from a constituent regarding
standards in French self-catering accommodation, does the
Commission have control of such standards ? If not, in view
of the popularity of tourism internal to the European Union,
will the Commission consider making one standard for the
Twelve ?

Answer given by Mrs Scrivener

organizer or retailer may be held liable if the
accommodation does not correspond to the
description .

As regards fire safety, there is a Council recommendation

( 86 / 666 / EEC ) ( 4 ) on fire safety in existing hotels . This
recommendation does not cover the category of
accommodation mentioned by the Honourable Member .
Aware of the importance of tourism for the Community, the
Commission has just launched a study on national rules in
this domain and on how they are implemented by the
competent authorities .

Finally, improvement in the quality of tourist facilities and
services is crucial for the development of tourism, and so the
Commission is implementing — in the context of the action
plan to assist tourism ( 5 ) — measures designed to encourage
and stimulate the Member States to develop and improve
their own quality standards in the domain of tourism .

(!) OJ No L 140, 11 . 2 . 1989 .
( 2 ) OJ No C 62, 28 . 2 . 1994 .

( 3 ) OJ No L 158, 23 . 6 . 1990 .

( 4 ) OJ No L 384, 31 . 12 . 1986 .

( 5 ) OJ No L 231, 13 . 8 . 1992 .

WRITTEN QUESTION E-l 768 / 94

by Glyn Ford ( PSE )

to the Commission

on behalf of the Commission (1 September 1994 )

( 24 October 1994 ) ( 95 / C 30 / 34 )

The question directly concerns the problem of compliance
with hygiene and health rules for buildings and civil
engineering works . As mentioned in the recitals to Directive
89 / 106 / EEC (*), it is up to the Member States to ensure that
buildings and civil engineering works are designed and
executed in a way that does not endanger the safety of
persons, while respecting other essential requirements
relating to health and hygiene .

In order to give substance to these principles, several actions
are being conducted at Community level :

— Firstly, common standards are being prepared for all

construction products integrated in buildings . The
Commission has fleshed out the framework of this

programme, notably in its communication of
28 February 1994 ( 2 ).

— Whenever provision of tourist accommodation is part of

a package, Council Directive 90 / 314 / EEC ( 3 ) on package
travel, package holidays and package tours provides that
the contract must contain certain terms . Where the

package includes accommodation, information must be
provided on '. . . its location, its tourist category or
degree of comfort, its main features, its compliance with
the rules of the host Member State concerned . . .'. The

Subject : Portugal 's use of stray dogs in laboratory
experiments

Does the Commission intend to take any action with regard
to the use of stray dogs in laboratory experiments in
Portugal, given Directive 86 / 609 / EEC which prohibits the
use of stray animals in experiments ( 1 )?

(!) OJ No L 358, 18 . 12 . 1986, p . 1 .

WRITTEN QUESTION E-l 772 / 94

by Hugh McMahon ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 35 )

Subject : Abuse of stray dogs for vivisection in Portugal —

Directive 86 / 609 / EEC

Is the Commission aware that Directive 86 / 609 / EEC

appears to be being breached in Portugal in particular, and

6 . 2 . 95 Official Journal of the European Communities No C 30 / 15

that experiments are being carried out on stray dogs ? If so,
what action does the Commission propose to take
concerning this breach of law by a Member State ?

WRITTEN QUESTION E-1813 / 94

by Christine Crawley ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 36

Subject : Portuguese laboratories using stray dogs in
experiments

Investigations into laboratories in Portugal have uncovered
serious breaches of Directive 86 / 609 / EEC concerning
laboratory animals, for example, pet dogs who are stray or
lost are being used in laboratory experiments, animals are
being kept in tiny cages and conditions which are distressing
and filthy, staff are inadequately trained and inspections are
inadequate . Will the Commission call for immediate action
to stop the use of non-purpose bred animals in experiments,
for closer monitoring of laboratories and for the closure of
establishments which do not meet the required standards
within the European Union as a whole ?

Joint answer to Written Questions
E-1768 / 94, E-l 772 / 94 and E-1813 / 94

given by Mr Paleokrassas
on behalf of the Commission

(3 October 1994 )

The information concerning stray dogs being used for
experimental purposes in Portugal has very recently been
brought to the attention of the Commission .

Certainly, the Commission can confirm that such a situation
would not be in accordance with the provisions of Directive

86 / 609 / EEC . According to the first report from the
Commission to the Council and to the Parliament on the
number of animals used for experimental purposes ( 1 ), the
total number of dogs used in Portugal for experiments in

1992 amounts to 123 .

The Commission will bring up this problem at the next
meeting of the competent authorities for the application of
Directive 86 / 609 / EEC to be held in Brussels on

24 / 25 October 1994 .

(M COM(94 ) 195 final .

WRITTEN QUESTION E-1779 / 94

by Siegbert Alber ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 37

Subject : Implementation of the Council Directive of
21 May 1991 concerning urban waste water

treatment

1 . Member States had until 30 June 1993 to bring into
force the laws, regulations and administrative provisions
necessary to comply with Council Directive 91 / 271 / EEC ( J )
concerning urban waste water treatment . Which Member
States have not yet done so ?

2 . Member States are required to establish a programme
for the implementation of this Directive by 31 December

1993 and provide the Commission with information on the
programme by 30 June 1994 . Which Member States have to
date provided the Commission with the required
information ?

3 . The definition of ' sensitive areas ' is clearly given rise to
difficulties in transposing the Directive into national law .
Does the Commission take the view that all the relevant

' catchment areas ' should also be designated as sensitive
areas ?

4 . Does the Commission regard the criteria or technical
specifications set out in the Annex as legally binding ? In
other words, do areas meeting the criteria set out in the
Annex automatically have to be designated as ' sensitive
areas ' or is this still left to the discretion of the Member

States ?

(M OJ No L 135, 30 . 5 . 1991, p . 40 .

Answer given by Mr Paleokrassas

on behalf of the Commission

(3 October 1994 )

1 . Denmark and Luxembourg have informed the
Commission that Directive 91 / 271 / EEC has been

transposed completely into their respective national laws .

2 . Denmark, Spain and the Netherlands have provided
the Commission with information on their national

programmes .

3 . The ' sensitive areas ' are those water bodies which have

been identified as being polluted according to the criteria in
Annex II . Discharges of urban waste water into the sensitive
areas must meet certain standards ( Article 5.1 to 5.4 ).
However, discharges into the catchment area of a sensitive
area must meet the same standards as discharges directly
into the sensitive area ( Article 5.5 ).

No C 30 / 16 Official Journal of the European Communities 6 . 2 . 95

4 . Article 5.1 requires Member States to apply the
criteria laid down in Annex II when identifying sensitive

areas .

Since one delegation upheld its substantive reservation, the
President of the Council noted that the matter remained in

deadlock .

The Council noted a Commission statement to the effect

that the latter will initiate the procedure provided for in the
agreement on social policy .

WRITTEN QUESTION E-1791 / 94

by Anne Van Lancker ( PSE )

to the Council

(1 September 1994 ) WRITTEN QUESTION E-l 795 / 94

( 95 / C 30 / 38 by Anne Van Lancker ( PSE )

to the Council

Subject : Informal Council meeting to consider the equal

opportunities policy

Does the German Presidency of the Council intend to hold
an informal Council meeting to consider the equal
opportunities policy ? If so, on what date and with what
agenda ?

Answer

( IS November 1994 )

The informal meeting of Ministers responsible for women 's
issues held in Berlin on 15 September 1994 discussed the
development of equal opportunities in the European Union
as well as preparations for the Fourth World Conference on
Women .

WRITTEN QUESTION E-l 794 / 94

by Anne Van Lancker ( PSE )

to the Council

(1 September 1994 )

( 95 / C 30 / 39

Subject : Final approval of the proposal for a Directive on

parental leave and leave for family reasons

Can the Council say what objections remain after ten years
of consultation to the approval of the proposal for a
Directive on parental leave and leave for family reasons ?
Can the Council confirm that it is determined to approve
this Directive during the German Presidency ?

(1 September 1994 )

( 95 / C 30 / 40 )

Subject : Approval of the proposal for a Directive on the

reversal of the burden of proof with respect to
equal pay and equal treatment for men and

women

When does the Council intend to give its final approval to
the proposal for a Directive on the reversibility of the burden
of proof with respect to equal pay and equal treatment for
men and women ?

Answer

(2 December 1994 )

On 22 September 1994 the Council carried out a fresh
examination of the proposal for a Directive on the burden of
proof . This Directive cannot be adopted without
unanimity .

As one delegation maintained its substantive reservation,
the President of the Council recorded that no progress could
be made .

The Council noted a Commission statement to the effect
that it would give consideration to how to deal with the
situation .

WRITTEN QUESTION E-1797 / 94

by Anne Van Lancker ( PSE )

to the Council

(1 September 1994 )
Answer ( 95 / C 30 / 41

(2 December 1994 )

The Council of 22 September 1994 re-examined the
proposal for a Directive on parental leave and explored the
possibility of reaching a compromise . Adoption of the
Directive required unanimity .

Subject : United Nations Conference on Population ( Cairo,

September 1994 )

Which body will represent the Council at the UN Population
Conference ( Cairo, September 1994 )?

6 . 2 . 95 Official Journal of the European Communities No C 30 / 17

What common views will be put forward by the European
Union Member States ?

Answer

( 15 November 1994 )

The Council attended this Conference under the usual
procedures by which the European Union takes part in
international conferences organized by the United Nations .
The German Minister spoke as President of the Council on

behalf of the Union .

The views presented by the Union were the result of various
coordination meetings ( in New York during the three
sessions of the Preparatory Committee, in Brussels in an ad
hoc Council Working Party and in Cairo during the
Conference itself ), and of talks and negotiations with a great
many members of the United Nations .

WRITTEN QUESTION E-1801 / 94

by Anne Van Lancker ( PSE )

to the Commission

family planning is an essential social service and that men
and women have the right to the fullest possible information
on reproduction, the spacing of pregnancies and
contraception, and free access to methods and means of
spacing out and deciding the number of their children .

In November 1992 the Council adopted a resolution setting
out an action plan based on the Commission 's
communication .

As regard the Cairo Conference itself, in May this year the
Commission sent the Council a communication entitled
' The European Community and the challenge of population
growth : proposed position of the Community at the World
Conference on Population and Development, Cairo 5-13
September 1994 ' ( 2 ).

That communication served as the basis for discussions
aimed at formulating the Community 's position at the
Conference .

(!) SEC ( 92 ) 2002 final .
( 2 ) COM(94 ) 100 final .

WRITTEN QUESTION E-1802 / 94
(1 September 1994 )

by Jaak Vandemeulebroucke ( ARE )
( 95 / C 30 / 42 )
to the Commission

(1 September 1994 )
Subject : UN Population Conference in Cairo
( 95 / C 30 / 43 )

Can the Commission say who will represent the European
Union at the United Nations Population Conference in
Cairo in September 1994 and what position will be adopted
on behalf of the European Union on the issues of women 's
reproductive health, family planning and women 's
participation in formulating population policy ?

Answer given by Mr Marin
on behalf of the Commission

( 30 September 1994 )

The Community was represented at the UN Population
Conference in Cairo by the Commission and the Council
Presidency .

With reference to the positions adopted by the Community
at the Conference in relation to women 's reproductive
health, family planning and women 's participation in
formulating the policies carried out by developing countries,
the Commission would refer the Honourable Member in the
first place to its communication to the Council of
4 November 1992 on population, family planning and
cooperation with developing countries (*), which clearly
sets out the Commission 's options on the issues raised by the
Honourable Member . The communication argues that

Subject : Application for Spanish nationality :
requirements

When a Belgian woman who had been living in Spain for 30
. years, is married to a Spanish citizen and has a child having

Spanish nationality, applied for Spanish nationality she was
asked to adopt a Spanish variation of her Flemish
forename .

Does the Commission believe that this requirement is
compatible with the spirit and letter of EU legislation ? Does
the Commission regard this as acceptable in the light of the
Maastricht concept of ' citizenship of the Union ' ? Does the
Commission believe this is compatible with the principle of
' freedom of movement of persons '?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 13 October 1994 )

Article 8(1 ) of the EC Treaty states that : ' Every person
holding the nationality of a Member State shall be a citizen
of the Union .'

No C 30 / 18 Official Journal of the European Communities 6 . 2 . 95

That Article is to be read in conjunction with the repercussions does it expect it to have on the on-going
declaration, annexed to the Treaty, on nationality of a negotiations for continuing the NPT ?
Member State, which states that : ' wherever in the Treaty
establishing the European Community reference is made to
nationals of the Member States, the question whether an
individual possesses the nationality of a Member State shall
be settled solely by reference to the national law of the
Member State concerned '. Answer given by Mr Van den Broek

on behalf of the Commission

( 19 October 1994 )

Accordingly, the conditions under which nationality of a
Member State is acquired, kept or lost, including those
concerning possible changes to forenames, fall solely within
the competence of that Member State and are not affected
by Community law .

The Honourable Member 's question raises two separate
issues : the problem of North Korea and the situation in
South-East Asia .

The Commission has kept a close watch on developments in
the nuclear sphere over the last two years in North Korea .
The Community, which has maintained steady support for
the IAEA, has declared in favour of preserving the integrity
WRITTEN QUESTION E-l 805 / 94 of the international system of safeguards .

by Carlos Robles Piquer ( PPE )

to the Commission

(1 September 1994 )

to the Commission The joint declaration of 12 August by the USA and North

(1 September 1994 ) Korea could be the basis of a workable solution to the

( 95 / C 30 / 44 ) question of safeguards in respect of North Korea 's nuclear

programme and other obligations arising from the
non-proliferation treaty ( NPT ). The Commission is hopeful
that a final solution will be found that will enable North
Subject : Continuation of the NPT and the delicate situation Korea the IAEA to honour . its commitments under the agreement with

( 95 / C 30 / 44 )

in South-East Asia

The report adopted by Parliament at the end of the previous
parliamentary term on energy priorities in the revised
Non-Proliferatoin Treaty ( NPT ) calls for the determination
of a position, on as collective a basis as possible, within the
new framework of political union . With regard to
South-East Asia it also calls on the Community to support,
by all available means, international actions aimed at
ensuring that the Democratic People 's Republic of Korea
responds in an acceptable manner to the need for
verification of its undertakings on safeguards . Finally, it
calls on the Commission services to exercise maximum

rigour in controlling exports of nuclear material to that

country .

During the brief period since then various events have
occurred, producing dramatic changes in the prospects for
agreement or conflict in the Democratic People 's Republic .
There have been missions such as the one by former
President Carter and negotiations between the two Koreas
and with the United States and other powers, which are still
going on . However, the unexpected death of President Kim
II Sung has caused a period of great instability, which has
paralysed the dialogue in Geneva and led to the army in
Seoul being put on the alert .

What steps does the Commission intend to take in view of
this delicate situation in South-East Asia, and what

In its communication of 13 July on a new Community
strategy for Asia, the Commission underlined the risk
factors and the unstable situation with regard to security in
Asia, including South-East Asia, where the problem of
nuclear proliferation is of major concern . It therefore
proposes to step up political dialogue with the countries of
this region and welcomes the recent moves towards greater
political cooperation there .

The 1995 conference of contracting parties to the NPT will
thus be an important stage in this dialogue . In this
connection, the Community on 25 July adopted a joint
action decision under the common foreign and security
policy ( CFSP ) with regard to preparation for the conference .
The objective is to strengthen the international system of
nuclear non-proliferation by promoting the universality of
the NPT and working to bring about its indefinite and
unconditional extension .

In the exercise of its powers and special responsibilities,
particularly in respect of Chapter VII of the Euratom Treaty,
the Commission always takes account of the global
objectives of nuclear non-proliferation .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 19

WRITTEN QUESTION E-l 807 / 94

by Alexander Langer ( V )

to the Commission

(1 September 1994 )

( 95 / C 30 / 45 )

Subject : Risk of pollution in the catchment area of the river

Timavo ( TS ) in Italy

We are informed that the company Phoenix Euro intends to

build a Formula One racing circuit accommodating 100 000
spectators near Presnica on the Karst plateau in the Republic
of Slovenia close to the border with Italy . The Karst plateau,
which is crossed by the river Timavo that flows partly
through imposing caves, is a very fragile ecosystem and a site
of major natural and landscape value, which has been
canvassed for many years as an International Nature
Park .

A project such as the motor racing circuit will cause further
pollution in the catchment area ( both surface and
underground ) of the river Timavo .

As the river Timavo is already highly polluted and is
undergoing environmental improvements ( at least on that
part of it which is in Italy ), which are being carried out with
the help of EC funds, does the Commission not consider that
an attempt should be made to avoid further deterioration in
the environmental situation on the Karst plateau as well as
additional future costs to the EU ( either as a result of direct
environmental improvements or because of the indirect
effects on people 's health ) by taking preventive action and
ensuring closer cooperation between the EU and the Slovene
Republic ?

In particular, with a view to the future accession of Slovenia
to the EU, does the Commission not consider that Slovenia 's
environmental legislation should be aligned on that of the
EU ( including EIAs ).

Answer given by Sir Leon Brittan

on behalf of the Commission

( 11 October 1994 )

The Commission is aware that the project to build a
Formula One motor racing circuit in the Karst region of
Slovenia does not comply with the criteria of either
Slovenia 's long-term development plans, or the natural
heritage protection project to make the area a protected
national park . The latest information available indicates
that the relevant authorities have rejected the proposal, and

that as things stand the construction project will not go
ahead .

Mindful of the need to protect the region 's ecosystem, the
Commission is in favour of developing close cooperation
between the Community and Slovenia under the LIFE and
Interreg Programmes .

On 13 July 1994 the Phare management committee
approved a project to clean up, and regularize the flow of,
the River Timav as part of the Interreg-Phare cooperation
programme . The programme will cost ECU 1,44 million, of
which the Community will contribute ECU 1,19 million

( 83% ).

As regards the approximation of laws on environmental
protection, the Commission can inform the Honourable
Member that the Community provided technical assistance
under the LIFE Programme in 1993 for drafting laws on
solid waste management . The Slovenian Government has
submitted two further projects for 1994 .

WRITTEN QUESTION E-1810 / 94

by Cristiana Muscardini ( NI )

to the Commission

(1 September 1994 )

( 95 / C 30 / 46 )

Subject : Discrimination in the insurance industry in
Germany

In Federal Germany there is serious discrimination in the
insurance industry based on the nationality of clients .

Is it true that insurance companies claim an increase in the
premium solely on the grounds that the insured person is not
a German citizen, such an increase being termed a
' supplement for foreigners '? Is the Commission aware that
this supplement is claimed even from citizens of the
Union ?

In particular, is it correct that the insurance company
Schweiz Direct ( legally registered in Munich under No HRB
85778 ), in a document for internal use sent to its agents
entitled ' Rules governing insurance offers ( motor vehicles ),
as of 1 October 1993, FOR INTERNAL USE ONLY ',
expressly forbids agents from signing contracts of any kind
with Greek, Spanish, Turkish or Yugoslav citizens, nor may
partly or fully comprehensive policies be drawn up for
Italian or Portuguese citizens or for citizens of eastern
Europe ?

Does the Commission not consider that any kind of
discrimination based on nationality infringes the principle
of the equal dignity of the peoples of the Union, opening the
way to contemptible racist behaviour, and that it is

No C 30 / 20 Official Journal of the European Communities 6 . 2 . 95

something to be condemned primarily on human rights
grounds but also in terms of the Treaties and secondary
legislation ?

What action does the Commission intend to take to prohibit
this behaviour in a Member State of the Union and to
prevent similar cases from occurring in the future in any of
the Member States ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 24 October 1994 )

The Commission does not act as a supervisory or control
authority over insurance companies established in the
Member States . Consequently, it is not empowered to
control the activities of such companies or to judge their
behaviour .

It should be noted, however, that the legislation introduced
very recently in Germany on compulsory motor vehicle
liability insurance is aimed at ensuring that companies
authorized to offer such insurance can reject applications or
impose higher rates only on objective criteria of increased
risk .

The Commission will draw the German authorities '
attention to the problem raised . They alone are responsible
for ensuring that German legislation is observed .

As in previous cases, the Commission will examine whether
the problems brought to its notice constitute an
infringement of Community law .

WRITTEN QUESTION E-1814 / 94

by Astrid Lulling ( PPE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 47 )

Subject : Protectionist measures against the export of

explosives to Germany and Belgium

A Luxembourg company which has been exporting
explosives for civil engineering purposes throughout the
world since 1906 has been trying for over five years to
obtain authorization to export explosives to Germany .

Final authorization will now depend upon inspection of the
Luxembourg company by the German Institute for
Materials Research and Inspection ; this comes on top of a
move to prohibit the Luxembourg company from
transporting explosives in its specially approved vehicle .

1 . Does the Commission consider that these additional
requirements imposed by the German authorities, which
are constantly placing new obstacles in the way of the
import of these explosives, are in accordance with
Articles 30-36 of the EC Treaty ?

If not, what steps will the Commission take to guarantee
free movement for these products ?

2 . Is it true that the Belgian authorities intend to limit the
distance authorized for the transport of explosives
between the suppliers ' storage premises and end-users to
75 kilometres, which would obviously preclude the
export of explosives from Luxembourg to various
destinations in Belgium ?

Does the Commission consider that such measures are in
line with the internal market provisions of the Treaty ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(3 October 1994 )

1 . Under Article 5 of the German Explosives Law,
explosives may not be imported, sold, transferred or used
unless they have been approved by the Federal Institute .

Until Directive 93 / 15 / EEC of 5 April 1993 on the
harmonization of the provisions relating to the placing on
the market and supervision of explosives for civil uses takes
effect on 1 January 1995, the German authorities ' basic
right to conduct approval proceedings of this type cannot be
challenged ( see the judgment in Case 272 / 80 Biologische
Producten [ 1981 ] ECR 3277 ). Member States ' approval
bodies are, however, required to take steps to help ensure
that these proceedings do not place a disproportionate
burden on intra-Community trade . It is important to avoid
duplication of controls and to guarantee mutual recognition
of suitability tests, test documentation and the results of
tests carried out in other Member States .

As the company referred to was unable to produce
documentation during the approval proceedings indicating
the methods used to test the suitability of explosives which it
stocks in Luxembourg and France, it was necessary to repeat
some of the tests (a successful practical trial was held in
December 1993 ). As far as the Commission is aware, final
approval cannot have been given yet as the reports of the
trials relating to all the different explosion types, which the

6 . 2 . 95 Official Journal of the European Communities No C 30 / 21

German authorities have undertaken to provide as soon as
possible, are still not available . The final stage in the tests is
the inspection — mentioned in the question — of the
company by the German authorities . According to
information received by the Commission, this inspection
has already been successfully carried out .

2 . The Commission 's attention has been drawn to the
existence of draft legislation intended to limit to 75
kilometres the distance authorized for the transport of
explosives in Belgium . Once it receives an official copy of the
draft legislation, the Commission will examine it — if
necessary, in conjunction with the Belgian authorities — in
order to clarify whether it is compatible with the rules
contained in the EC Treaty .

WRITTEN QUESTION E-1821 / 94

by Sergio Ribeiro ( GUE )

to the Commission

(1 September 1994 )

( 95 / C 30 / 48

Subject : The European Disabled People 's Parliament

On 3 December 1993 the ' European Disabled People 's
Parliament ' was held in Brussels . At this meeting a
resolution was adopted which is seen as being of great
importance for the consideration of the situation of disabled
Community citizens and, above all, in order to ensure that
the situation is considered with the active participation of
such citizens .

Can the Commission say what steps have been taken to set
up a new directorate in DG V responsible for developing
initiatives linked to the drawing up of legislation on equal
opportunities ?

WRITTEN QUESTION E-1960 / 94

— policies and anti-discrimination legal instruments that

promote human rights and the equalization of
opportunities

— staffing of units in the Commission with disabled

experts and establishment of disability equality training
at all levels in the Commission

— the allocation of 10% of decision-making positions in

the Commission to disabled people ( 50% of whom
should be disabled women ) by the year 2000

— inclusion of specific references to disabled people in the

clauses relating to ' Human rights guaranteed by the
Union ' in the proposed Constitution of the EU

— introduction of a comprehensive disability policy based

on the UN 's Standard Rules on the Equalization of
Opportunities for Persons with Disabilities .

What plans does the Commission have to implement the
recommendations in the Disabled Election manifesto ?

WRITTEN QUESTION E-2012 / 94

by Hugh McMahon ( PSE )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 50 )

Subject : Disabled People 's Parliament (3 December
1993 )

Will the Commission please outline the steps which it plans
to take in order to give effect to the resolution adopted by
the Disabled People 's Parliament ?

by Christine Oddy ( PSE ) WRITTEN QUESTION E-2013 / 94

by Hugh McMahon ( PSE )

to the Commission

to the Commission

( 12 September 1994 )

( 95 / C 30 / 49 ( 22 September 1994 )

( 95 / C 30 / 51 )

Subject : Rights for people with a disability

Is the Commission aware of the Disabled Europeans EU
election special campaign to support :

— policies to ensure the involvement of directly
representative organizations of disabled people in
decision-making at all EU levels

Subject : Anti-discrimination legislation for disabled
people

What plans, if any, does the Commission have to introduce a
legal instrument in relation to anti-discrimination and
disabled people ?

No C 30 / 22 Official Journal of the European Communities 6 . 2 . 95

WRITTEN QUESTION E-2014 / 94

by Hugh McMahon ( PSE )

to the Commission

( 22 September 1994 )

95 / C 30 / 52 )

Subject : Parliament's resolution B3-0580 / 93

recently been re-organized and includes organizational
arrangements to ensure that it is possible to pursue policy
initiatives concerning equal opportunities and other action
to assist disabled people .

The Commission is working in consultation with the
non-governmental organizations represented in the
European disability forum to establish a questionnaire for
completion annually by national councils of disabled people
in each of the Member States . The replies to the
questionnaire will provide the basis for an annual report on
violence and discrimination towards disabled people .

How is the Commission responding to the European violence and
Parliament 's resolution ( B3-0580 / 93 ) ( l ) on violence and
discrimination against disabled people ? (M COM(94 ) 333 .

(!) OJ No C 150, 31 . 5 . 1993, p . 270 .

Joint answer to Written Questions WRITTEN QUESTION
E-1821 / 94, E-1960 / 94, E-2012 / 94, E-2013 / 94 by Nel van Dijk ( V )

WRITTEN QUESTION E-1824 / 94

and E-2014 / 94

given by Mr Flynn
on behalf of the Commission

to the Commission

(1 September 1994 )

( 17 November 1994 ) ( 95 / C 30 / 53 )

The White Paper on Social Policy — A Way Forward for the
Union ( l ) which was adopted by the Commission on 27 July

1994 identifies the need to build into Community policies
the fundamental right of disabled people to equal
opportunities and includes a commitment to :

— build on the positive experience of the European

disability forum to ensure through appropriate
mechanisms that the needs of disabled people are taken
into account in relevant legislation, programmes and
initiatives ; and

— prepare an appropriate instrument endorsing the UN

standard rules on equalization of opportunities for
people with disabilities .

The Commission also states its belief that, at the next
opportunity to revise the Treaties, serious consideration
must be given to the introduction of a specific reference to
combatting discrimination on various grounds including
disability, and, with this in mind, it will undertake further
work aimed at demonstrating the value-added of specific
Community level actions in this field, as a natural
complement to what can be achieved at national, regional or
even local level .

Subject : Incompatibility with the Habitats Directive of the

current proposed route of the Betuwe line

The Netherlands Government has decided to build a section

of the Betuwe line straight across the Rijnstrangengebied, an
area which lies between the Rhine and Waal Rivers . This is
the habitat of the Natterjack toad, in which western
Europe 's largest known population of the species lives . The
Natterjack toad, which requires a very specific biotope, is
afforded the highest level of protection under the Habitats
Directive ( 92 / 43 / EEC ) ( l ) ( Annex IV : Animal and plant
species of Community interest in need of strict protection ).
It is clear that this habitat will be largely destroyed if the
Betuwe line is built in accordance with current plans .

1 . Is the Commission aware of the study carried out by the
Ravon Foundation revealing the threat posed to this
habitat ?

2 . Does the Commission share the view that the

overground construction of the Betuwe line, with the
aforementioned consequences, is incompatible with the
Habitats Directive ?

3 . If so, is it prepared to take action to ensure that the
Netherlands Government complies with the habitats
Directive ?

Action to follow up the White Paper will take account of the
specific points referred to in the disabled European ' EU 4 . If it is established that other aspects of the planning of
election special ' campaign and in the resolution adopted by the Betuwe line are incompatible with the Habitats
the disabled people 's parliament . This includes Directive, is the Commission proposing to prohibit its
consideration of existing legislation within the Community construction along the route which endangers, the
and in countries elsewhere in the world . However the Natterjack toad ?
Commission does not consider it necessary to create a new
directorate within DG V. The Directorate-General has (!) OJ No L 206, 22 . 7 . 1992, p . 7 .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 23

Answer given by Mr Paleokrassas

on behalf of the Commission

( 12 October 1994 )

The Commission is not aware of the study revealing a threat
to this habitat . The Commission would therefore invite the

Honourable Member to send it a copy .

WRITTEN QUESTION E-l 825 / 94

by Nel van Dijk ( V )

to the Commission

(1 September 1994 )

( 95 / C 30 / 54 )

Subject : Possible misuse of an ERDF grant for the

construction of a golf course in Brunssum, South
Limburg

The Limburgs Dagblad of 20 May 1994 carried a report
concerning non-compliance with the conditions attached to
an ERDF grant . Although the contract had already been
awarded, without a public tendering procedure, to SBA,
such a procedure was opened after the ERDF had granted
aid, with the aim of confirming the award of the contract,
and that is what happened . The undertaking by the ERDF
was, moreover, based on private-sector investment of HFL

12 million . That money has not yet materialized . At most,
HFL 5 million will be invested by the private sector .

1 . Is the Commission aware of the improper way in which
the contract for extending the golf course was awarded
and of the fact that the promised private-sector
investment has not yet materialized, and does it consider
that this satisfies the relevant conditions ?

2 . Does the Commission share the view that the
abovementioned state of affairs is unacceptable and that
any grant already paid out by the ERDF should be
recovered ?

3 . If so, is the Commission in fact prepared to recover the
grant ?

4 . What action does the Commission intend to take to
prevent such impropriety in future in the Netherlands
and other Member States ?

for the extension of a golf course in Brunssum under
the ' Europese Stimuleringsprogramma voor Oostelijk
Zuid-Limburg '. The project concerned the construction of a
golf course and a hotel . The total cost of the project was
estimated at 13 600 000 guilders . The ERDF contribution
was fixed at 800 000 guilders . A further 800 000 guilders
was committed by the local and provincial authorities . A
private sector contribution of 12 000 000 guilders was
foreseen .

The Commission recently received the final report for the
programme concerned and a request for the final payment .
The Commission will examine whether all projects have
been implemented in accordance with the conditions agreed
at the time of their approval . In the case of the golf course in
Brunssum, this means that the Commission will verify
whether the project has been implemented in conformity
with the decision of 15 March 1989 and whether
Community policies ( including those relating to public
tendering ) have been respected .

The Commission will reduce or suspend assistance for the
project concerned if the examination reveals an irregularity
or a significant change affecting the nature or conditions for
the implementation of the operation for which the
Commission 's approval has not been sought . If necessary,
the Commission will ensure that any sum to be recovered is
duly repaid .

Articles 23-26 of Regulation ( EEC ) No 4253 / 88 (*) as
amended by Regulation ( EEC ) No 2082 / 93 ( 2 ), lay down
detailed procedures for the monitoring and financial control
of the actions co-financed by the Structural Funds . The
Commission believes that these provisions are appropriate .
As well as the Commission, the national and regional
authorities concerned have responsibility in ensuring their
proper application .

(!) OJ No L 374, 31 . 12 . 1988 .
( 2 ) OJ No L 193, 31 . 7 . 1993 .

WRITTEN QUESTION E-1838 / 94

by Ian Paisley ( NI )

to the Commission

(1 September 1994 )

( 95 / C 30 / 55 )

Subject : Belfast Harbour

Answer given by Mr Millan
on behalf of the Commission

In the past decade Belfast Harbour has benefited

on behalf of the Commission substantially from European Regional Development Fund

(5 October 1994 ) grants of normally up to 65 % of project value . It is now

proposed that the Harbour should be privatized . Can the
Commission state what impact privatization of the Harbour
On 15 March 1989 it was decided to approve assistance would have on its eligibility to attract further assistance
from the European Regional Development Fund ( ERDF ) from the ERDF ?

(5 October 1994 )

No C 30 / 24 Official Journal of the European Communities 6 . 2 . 95

Answer given by Mr Millan
on behalf of the Commission

Answer given by Mr Christophersen

on behalf of the Commission

( 25 October 1994 ) (7 October 1994 )

In the event of the privatization of the port of Belfast,
eligibility for future European Regional Development Fund
aid would be subject to compliance with the appropriate
conditions namely :

— the aid must result in an investment to the benefit of the

users of the infrastructure ;

— the aid should be pitched at a level reflecting the extent to

which a subsidy is necessary to ensure the investment is
undertaken ;

— the retention of infrastructure in public use during its

economic life would normally be required ;

— in the event of a sale of the assets during their economic

life, repayment of all or part of the ERDF grant would be
required .

The Single Programming Document ( 1994-1999 ) for
Northern Ireland provides that the maximum ERDF
aid-rate respect of investments in private ports will be
50% .

So far as past ERDF aid to the port of Belfast is concerned, in
the event of the privatization of the port the Commission
would consider whether any of the grant should be required
to be repaid .

WRITTEN QUESTION E-1839 / 94

by Alexandros Alavanos ( GUE )

to the Commission

(1 September 1994 )

In the period 1989-1993 EIB loans in Greece rose steadily,
to ECU 1,2 billion, of which ECU 269 million in the form of
EIB global loan allocations were used by the Greek banking
sector to finance 335 small and medium-sized investment

projects, two-thirds of which were in industry .

Like the EIB, the Commission agrees with the Honourable
Member that these figures could be higher . However, as
indicated in its annual report on the reform of the Structural
Funds ( x ), the take-up of EIB financing in Greece is
determined by a number of factors, and in particular the
high level of public debt, the relatively sluggish rate of gross
fixed capital formation, the ceiling controls on credit and
financial flows with the rest of the world and, lastly, the
considerable amount of Community resources made
available to economic agents in the form of grants ( from the
Structural Funds in particular ). It should be pointed out that
EIB loans, which are financed out of borrowing, are not
subsidized and are granted on terms which, while being
favourable since they take account of the EIB 's ' AAA ' rating,
are based closely on those obtaining on financial and capital
markets .

Moreover, following the decision taken by the Copenhagen
European Council in June 1993, global loans totalling ECU

1 billion will be made available by the EIB for the financing
of job-creating investment carried out by SMEs in Europe .
The loans carry a Community interest subsidy of 2 % over
five years .

( x ) COM(91 ) 400 final .

( 95 / C 30 / 56 ) WRITTEN QUESTION E-1846 / 94

by Anita Pollack ( PSE )

to the Commission

Subject : EIB loans to SMEs

(6 September 1994 )

( 95 / C 30 / 57 )
The Athens Chamber of Trade and Industry points out in a
memo that one of the problems associated with the very high
cost of borrowing for small and medium-sized enterprises is
the inability of the Greek banking system to put to good use Subject : Advisory committee on training in nursing
the subsidized loans provided for SMEs by the European
Investment Bank .

What does the Commission think of the uptake rate for the
loans in question, and what will be done to overcome
obstacles to the smooth flow of credit to Greek SMEs ?

A recent EC background report on Adapting Community
Legislation to Subsidiarity (*) indicates that a number of
older Directives on recognition of qualifications are proving
unwieldy in operation and should be simplified or repealed .
Does the Commission intend to introduce legislation to

6 . 2 . 95 Official Journal of the European Communities No C 30 / 25

introduce such changes and will this affect the future of the Following the coming into force of the general system of
Advisory Committee on Training in Nursing, which clearly recognition of professional qualifications ( Directives
has a broader remit, and the advisory committees for 89 / 48 / EEC (*) and 92 / 51 / EEC ( 2 )), the Commission is
dentists, doctors, midwives, and veterinary surgeons ? considering repealing a large number of Directives ( about

40 ) on recognition of professional experience and proofs of
(M ISEC / B3 / 94 . honourability, solvency, etc ., and replacing them by one
new Directive completing the said general system .

(!) OJ No L 19, 24 . 1 . 1989 .
( 2 ) OJ No L 209, 24 . 7 . 1992 .
Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(4 October 1994 )

WRITTEN QUESTION E-1861 / 94

The Commission background report on subsidiarity
( ISEC / B3 / 94 25 . 1 . 1994 ) mentions ( page 4 ) that ' the
operation of a number of older Directives on recognition of
qualifications are proving unwinding and should be
simplified '; it specifies ( page 6 ) that ' as a result of the
extension of mutual recognition, there will be a phased
repeal of Directives on the recognition of professional
qualifications '.

The Commission does not intend to propose the repeal of
the Directives which set up the system of automatic
recognition of diplomas and of coordination of training, for
nurses and for some other health professions . It considers
the operation of these Directives can be simplified firstly by a
rationalization of the functioning of the seven advisory
committees on training, by a reduction in the number of the
meetings, as explained in the answer to Mrs Banotti 's oral
question on the Commission 's policy towards the advisory
committees ( No 101, 23 . 6 . 1993 ) and by invitation of
members only to the plenary meetings, with alternates
attending only in place of members who are unable to
attend .

Further, it is intended to simplify legislative procedures for
the updating of provisions relating to diplomas and to some
criteria for training . This step is being prepared, first for the
doctors Directive and in the longer run will be introduced in
the other Directives on the automatic recognition of
diplomas for health professions, including nurses .
Obviously, consultation will take place on possible
substantial changes .

by John McCartin ( PPE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 58 )

Subject : Community initiatives

Under the first round of Community initiatives in Ireland,
will the Commission provide a breakdown by percentage of
the funds committed and payments made, on the one hand
to government agencies ( central, regional or local ) and
semi-State bodies, and on the other hand to private
bodies ?

Answer given by Mr Millan
on behalf of the Commission

( 10 October 1994 )

Financial information on operational programmes

( including the Community Initiatives ) is provided for all the
programmes approved by the Commission according to a
standard format . The participation of the Member State is
broken down by public and private expenditure . Public
expenditure is further broken down by central government,
local public resources and other . The table below
summarises ( in percentage terms ) the financial plans for the
Community Initiatives in which Ireland participated
between 1990 and 1993 .

( in % )

Member State Funds

EC Funds

Central Local Other Private

Envireg 33 — — — 67

Leader 18 — — 55 27

Prisma 7 — 9 17 67

Regen — — 65 — 35

Retex 3 0,2 0,2 44 52,6

Stride 25 — — — 75

Telema tique — — 4 41 55

No C 30 / 26 Official Journal of the European Communities 6 . 2 . 95

Member State Funds

EC Funds

Central Local Other Private

Euroform 34 66

Horizon 37 — — — 63

NOW 31 — — — 69

The Interreg I Initiative was operated jointly by the Irish and
Northern Ireland authorities and the relevant percentages
are : Central — 2 1 % ; Other — 8 % ; Private — 1 4 % ; and EC
Funds 57% .

More detailed information as to the precise amounts
attributable to individual beneficiaries such as different

agencies, semi-State bodies or private entities is held by the
responsible authorities in Ireland . Application for any
further information required could be made to the
Department of Finance .

their legislation on the taxation of non-residents with regard
to income tax . For instance, Ireland brought in the Finance
Act 1994, which provides that a person non-resident in
Ireland but with his residence in another Member State is

eligible for all the personal deductions if he obtains at least
75 % of his world income in Ireland .

. any By the Law of 24 June 1994 on frontier workers
required could be made to the ( Grenzpendlergesetz ), Germany has improved the tax
of Finance . regime for frontier workers and other persons not resident

in Germany . However, the new legislation is not satisfactory
— in the Commission 's view — on one key point, the joint
assessment for married couples under the splitting
WRITTEN QUESTION E-l 863 / 94 procedure, which is not available to the categories referred

Ria PPE to above .

by Ria Oomen-Ruijten ( PPE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 59 )

Subject : Trans-frontier work and the recommendation on

taxation

At the end of 1993, the Commission submitted a
recommendation on taxation . The recommendation came

about because the Directive, which was ready as long ago as

1979, had no chance whatsoever of being adopted by the
Council . The recommendation contains proposals for the
introduction by Member States of a uniform system for
people who work in a country other than the one in which
they live .

1 . Has any further action been taken on the
recommendation ?

2 . Is the Commission in a position to prepare the way for
the inclusion of a special provision in the Treaty on
European Union during the 1996 inter-governmental
conference ?

3 . Is the Commission prepared to revise Regulations ( EEC )
No 1408 / 71 ( x ) and ( EEC ) No 574 / 72 ( 2 ) now that
Member States are increasingly bringing social security
contributions within their tax regimes and there is no
coordination under these Regulations ?

(*) OJ No L 149, 5 . 7 . 1971, p . 2 .
( 2 ) OJ No L 74, 27 . 3 . 1972, p . 1 .

Answer given by Mrs Scrivener

on behalf of the Commission

(4 October 1994 )

1 . According to the information available to the
Commission, a number of Member States recently amended

Belgium too is planning to amend its legislation on the
taxation of non-residents shortly . According to the
information received by the Commission, the new
legislation will be modelled largely on the principles set out
in the Commission recommendation of 21 December

1993 .

As announced, the Commission will carry out early next
year an assessment of the measures taken by Member States
to implement the recommendation and will, where
appropriate, decide on any other measures that are needed
inter alia in the light of developments in the Court 's relevant
case-law . It should be pointed out in this connection that the
Court is currently examining a case of principle as part of
proceedings for a preliminary ruling ( Case C 279 / 73
Finanzamt Koln Altstadt v. Roland Schumackers ).

2 . The Commission will play a full part in the
preparatory work for the Inter-governmental Conference .
However, it is too early to comment on any ' specific
provision ' as referred to by the Honourable Member .

3 . The Commission would point out that Regulations
( EEC ) No 1408 / 71 and ( EEC ) No 574 / 72 apply to social
security systems regardless of their method of financing . The
fact that Member States are bringing social security
contributions within their tax regimes does not prevent
application of these Regulations . Against this, allocation as
between Member States of the right of taxation in the
income tax field is governed by bilateral conventions
concluded .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 27

WRITTEN QUESTION E-1867 / 94

WRITTEN QUESTION E-l 864 / 94 WRITTEN QUESTION E-1867

by Ria Oomen-Ruijten ( PPE ) by Maartje van Putten ( PSE )

by Ria Oomen-Ruijten ( PPE )

to the Commission to the Commission

(6 September 1994 ) (6 September 1994 )

( 95 / C 30 / 60 ) ( 95 / C 30 / 61 )

Subject : Impact of legislation on trans-frontier workers

Parliament 's resolution on the Green Paper on European
social policy refers to the ever-increasing differences in the
social security and health insurance systems that apply to
trans-frontier workers . This situation has arisen because

Member States have made changes to legislation in the field
of health care and social security without ever, considering
the impact of trans-frontier workers . Parliament has
proposed that the Commission should call on Member
States to carry out an assessment of the impact on
trans-frontier workers of any amendments they make to
legislation, so that the situation does not need to be
remedied later by means of the coordinating Regulation .

Subject : Population awareness training

Does the Commission intend to use the services of a

specialist consultant to design and conduct training courses
on population, family planning and reproductive health
issues for desk officers of DG I and DG VIII ?

Does the Commission plan to use the services of a consultant
to provide similar training courses for officials in
delegations ?

How many officials in delegations are experts in
population-related issues or have received specific training
in this area ?

Is the Commission prepared to take action in this
connection under the social protocol ? Answer given by Mr Van den Broek

on behalf of the Commission

( 18 October 1994 )

Answer given by Mr Flynn
on behalf of the Commission

( 21 October 1994 )

The Commission is inclined to agree with the Honourable
Member 's analysis that certain changes to national social
security legislation may have adverse consequences for
trans-frontier workers, causing problems to which
Regulation ( EEC ) No 1408 / 71 does not offer a solution . The
Commission refers inter alia to its answer to Written
Question No 1688 / 94 (*).

The Commission views with interest the Honourable

Member 's suggestion that the impact on trans-frontier
workers of changes to national social security legislation be
assessed . However, as emphasised by the Court of Justice on
several occasions ( 2 ), attention is drawn to the fact that the
aforementioned Regulation does not affect the freedom of
the Member States to organize their own social security
systems . It is therefore up to the authorities of the Member
States to carry out such an assessment .

(*) See page 6 of this Official Journal .
( 2 ) See inter alia Judgment of 15 January 1986, Case 41 / 84, Pinna I,

1986-1 .

A seminar on population, family planning and reproductive
health issues was held in Brussels earlier this year . Guest
speakers included representatives of all leading NGOs in the
field . One of the objectives of the seminar was to raise
awareness of these issues amongst desk officers of DG I
North / South and DG VIII, who are responsible for strategic
planning of country programmes and supervising those
recruited to undertake detailed project design . This
specialized design work needs to be undertaken by
experienced consultants with appropriate qualifications .
Additional training of staff in Brussels or in delegations is
not currently foreseen .

WRITTEN QUESTION E-1871 / 94

by Petrus Cornelissen ( PPE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 62 )

Subject : Refund of VAT under the Eight VAT Directive

1 . Is the Commission aware that applications submitted
for the refund of VAT under the Eight VAT Directive are
still not being dealt with by Italy within the prescribed

No C 30 / 28 Official Journal of the European Communities 6 . 2 . 95

six-month time limit, in spite of the action promised by the
Commission in . response to various questions by the
European Parliament and the finding against Italy by the
European Court of Justice in 1992 ?

2 . Is the Commission also aware that the Italian State is
still not paying interest on monies which have been
outstanding for several years ?

3 . Can the Commission confirm that no payments have
yet been made in response to the applications for the refund
of VAT for 1990, 1991, 1992 and 1993 submitted by
NOB / SCT Transportdiensten in Rijswijk ( an employers '
organization in the Dutch haulage sector ), and that the
amount involved is in excess of Lit 4 billion ( approximately
Fl 4 million )?

4 . Is the Commission prepared to conduct through
top-level discussions with the Member State concerned into
this unacceptable state of affairs, which is threatening the
continued existence of the firms affected and also calling
into question the credibility of the European institutions,
and advise Parliament as soon as possible of the action to be
taken ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 20 October 1994 )

1 . Having ascertained a failure to comply with the
judgment, based on Article 169 of the EC Treaty, in which it
was found that Italy had failed to comply with the Eighth
VAT Directive, the Commission has instituted fresh
infringement proceedings on the basis of Article 171 . A
letter of formal notice was sent to Italy on 28 May 1993,
followed by a reasoned opinion on 15 July 1994 .

2 . In the reasoned opinion, the Commission pointed out
that financial losses were being incurred by taxable persons
not established in Italy due to the fact that Italian law made
no provision for paying interest on refunds of value added
tax made after the prescribed time limits .

The amount of these losses will be used to determine any
lump sum or penalty payment as provided for in
Article 171 .

3 . NOB / SCT has not yet informed the Commission of the
amounts of VAT which its members are expecting to be
refunded by the Italian authorities . It would be desirable for
it to do so at its earliest convenience .

4 . Yes . The Commission is aware that this state of affairs

is unacceptable and, in addition to resolutely pursuing the
proceedings initiated against Italy both in and out of Court,
expects to bring the matter to the attention of the new Italian
Minister for Finance without delay . The solution to the
problem lies in drawing up and respecting a precise,

mandatory timetable for the various refunds and, where
applicable, for payment of interest calculated according to
the date on which the application was made .

WRITTEN QUESTION E-1872 / 94

by Karla Peijs ( PPE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 63 )

Subject : Irish Government subsidy to the Hasbro / Milton

Bradley plant in Waterford ( Ireland )

1 . Is the Commission aware of the proposed
re-organization of the games and jigsaw manufacturers
Hasbro International Inc ., under which its Dutch plant, MB
Nederland B.V. in Ter Apel is threatened with closure ? The
main reason given by Hasbro for the closure is surplus
capacity at the three European factories . Closure at Ter Apel
will cut the workforce to only 58 % of current levels .

2 . Is the Commission also aware that the Irish

Government is paying a subsidy of Fl 70 000 per employee
to Hasbro / Milton Bradley 's Irish plant in Waterford,
enabling the factory to reduce its labour costs to Chinese
levels ?

3 . Does the Commission agree that the subsidy is
distorting competition within the European Union and will
ultimately lead to the closure of MB 's Dutch plant in Ter
Apel and probably, in the longer term, the Spanish plant in
Valencia ?

4 . In view of the importance to Europe of fair
competition and the impact on employment, is the
Commission prepared to deal with this issue and broach the
subject with the Member States concerned ?

Answer given by Mr Van Miert

on behalf of the Commission

( 18 October 1994 )

Since Ireland is an area where there is serious

underemployment within the meaning of Article 92(3)a ) EC
Treaty, the Commission has decided to allow relatively high
levels of aid to new investment and to expansion of existing
plant there . Individual applications of the regional aid
regime approved by the Commission need not be notified by
the Irish Government pursuant to Article 93(3 ) EC
Treaty .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 29

The Commission is verifying with the Irish authorities
whether the aid to Hasbro / Milton Bradley in Waterford
referred to by the Honourable Member is indeed an
application of its scheme .

The company itself is responsible for decisions to
concentrate production or to decrease production
capacity .

WRITTEN QUESTION E-l 875 / 94

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

(6 September 1994 )

All these calls resulted in the selection of projects specifically
related to both product diversification and the environment .
In all cases one of the principal criteria was that projects
were trans-national in scope ( i.e. that projects should have
partners from at least two Member States ). In 1991 a total of
48 Projects were co-financed and the results were published
in ' Eurotourism Culture and Countryside ' which was sent
directly to the Honourable Member and to the Secretariat ­
General of the Parliament in reply to her Written Question
No 1874 / 94 (*). In 1992 a total of 23 projects on sustainable
tourism were co-financed and a summary document
detaling the most successful of these projects will be
published in early 1995 . In 1993 a total of 31 projects were
co-financed . 14 of these projects relate to transnational
actions and 17 relate to the establishment of cultural routes .

In general terms all these projects funded over the period

1991-1993 have sought to undertake innovative actions
relating to new product development, quality enhancement,
research, improving information provision and increasing
pan-European cooperation .

( 95 / C 30 / 64 )
With regard to the projects which are trans-frontier in scope

Subject : Cross-border cooperation in the tourist industry

Can the Commission supply any information on the
measures carried out since the European Year of Tourism in
the area of cross-border cooperation :

1 . to promote a greater diversification in tourist activity ;

and

2 . to help ensure that this activity is based on
environmentally sustainable development ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 31 October 1994 )

( i.e. where project partners share the same border and
implement the project in that border region ) it is apparent
that 11 of the 1991 projects and 4 of the 1992 projects were
of this type and were concerned with either environmental
actions or product development work . Precise information
on the 1993 projects is not yet available as the projects have
not yet been completed .

(!) OJ No C 24, 30 . 1 . 1994 .

WRITTEN QUESTION E-1885 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )

Since the European Year of Tourism, which finished in (9 SIC 30 / 65 )
1991, the Commission has co-financed a number of pilot
projects relating to encouraging new tourism activities and
products, and promoting sustainable tourism . Three calls
for proposals sought projects in certain fields and these are
as follows : : Commission action

— Reference 91C 128 / 10 : Rural and cultural tourism

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

— Reference 92C 51 / 16 : Sustainable tourism
Will the Commission ensure that its replies on actions
undertaken by the Commission on each of the 17
— Reference 93C 128 / 09 : Transnational actions and recommendations of Parliament 's report on the
cultural tourism . environmental and public health aspects of the storage,

No C 30 / 30 Official Journal of the European Communities 6 . 2 . 95

transport and reprocessing of nuclear fuels, A3-0220 / 93 by
Mr Llewellyn Smith ( x ), are given separately and not
collectively in one reply ?

(!) OJ No C 255, 20 . 9 . 1993, p . 255 .

and all nations owning nuclear power stations or nuclear
weapons to facilitate the joining of the Vienna, Paris and
Brussels conventions on nuclear liability ?

WRITTEN QUESTION E-1888 / 94

by Alexander Falconer ( PSE )

to the Commission
WRITTEN QUESTION E-l 886 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 66 )

(6 September 1994 )

( 95 / C 30 / 68 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels What legislative proposals have been brought forward by
the Commission in fulfilment of the requirement upon the
Commission under recommendation 15 of the amended

What action has the Commission taken to establish a report on the environmental and public health aspects of the
complete database of all categories of radioactive waste, by storage, transport and reprocessing of nuclear fuels,
location, in the Community and to make this publicly A3-0220 / 93 by Mr Llewellyn Smith, as supported by
available to all citizens within the Community and all Parliament on 16 July 1993, to ensure that no single
interested parties outside, as called for in recommendation community within any Member State is forced to accept the

17 of the amended report on the environmental and public storage or disposal of radioactive waste from outside that
health aspects of the storage, transport and reprocessing of Member State ? What proposals have been brought forward
nuclear fuels, A3-0220 / 93 by Mr Llewellyn Smith, as by the Commission regarding the environmental and
supported by Parliament on 16 July 1993 ? When will this radiological impact upon humans of long-term storage and
database be completed and what steps is the Commission disposal of high level radioactive waste ?
planning to publicize and distribute the database ?

WRITTEN QUESTION E-l 889 / 94

by Alexander Falconer ( PSE )

WRITTEN QUESTION E-l 887 / 94
to the Commission

by Alexander Falconer ( PSE )

to the Commission (6 September 1994 )

( 95 / C 30 / 69 )
(6 September 1994 )

( 95 / C 30 / 67 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has the Commission taken to fulfil the request
made under recommendation 16 of the amended report on
the environmental and public health aspects of the storage,
transport and reprocessing of nuclear fuels, A3-0220 / 93 by
Mr Llewellyn Smith, as supported by Parliament on 16 July

1993, on conducting negotiations between the Commission

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has been taken to implement recommendation

14 of the amended report on the environmental and public
health aspects of the storage, transport and reprocessing of
nuclear fuels, A3-0220 / 93, by Mr Llewellyn Smith, as
supported by Parliament on 16 July 1993, requiring the
Commission to develop proposals for the minimization of
the production of nuclear wastes ? Will the Commission
make a detailed statement on any research conducted by the

6 . 2 . 95 Official Journal of the European Communities No C 30 / 31

Commission, Euratom and the Joint Research Centre into
the reduction of long-lived radioactive isotopes through
transmutation ?

WRITTEN QUESTION E-l 890 / 94

by Alexander Falconer ( PSE )

transport and reprocessing of nuclear fuels, A3-0220 / 93 by
Mr Llewellyn Smith, as supported by Parliament on 16 July

1993 ?

WRITTEN QUESTION E-l 892 / 94

by Alexander Falconer ( PSE )

to the Commission

to the Commission

(6 September 1994 ) 1994

(6 September 1994 )

( 95 / C 30 / 70 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has the Commission taken to consult with the

OECD 's Nuclear Energy Agency and non-governmental
organizations with a recognized insight and expertise on
nuclear hazards and accidents over the development of an
international convention on harmonized liability for
damage to people, property and the environment as called
for in recommendation 13 of the amended report on the
environmental and public health aspects of the storage,
transport and reprocessing of nuclear fuels, A3-0220 / 93, as
supported by Parliament on 16 July 1993 ? Will the
Commission explain why it has not forwarded to
Parliament the report on this consultation requested in the
recommendation ?

( 95 / C 30 / 72 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has been taken by the Commission to fulfil
recommendation 1 1 on the redeployment of skilled nuclear
reprocessing workforces at EC nuclear reprocessing plants
of the amended report on the environmental and public
health aspects of the storage, transport and reprocessing of
nuclear fuels, A3-0220 / 93 by Mr Llewellyn Smith, as
supported by Parliament on 16 July 1993 ? When does the
Commission expect to present the report to Parliament ?

WRITTEN QUESTION E-l 893 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )

WRITTEN QUESTION E-l 891 / 94
( 95 / C 30 / 73 )

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 71 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels What action has been taken by the Commission to
implement recommendation 10 on the proliferation
problems posed by reprocessing plutonium of the amended
report on the environmental and public health aspects of the

What action has been taken by the Commission to meet the storage, transport and reprocessing of nuclear fuels,
requirements of recommendation 12 on nuclear insurance A3-0220 / 93 by Mr Llewellyn Smith, as supported by
and Commission participation in reviews of global Parliament on 16 July 1993 ? When does the Commission
conventions on liability and compensation arising from intend to fulfil the request that it report to Parliament on this

nuclear accidents of the amended report on the matter ? Can it explain why this request has not been met to
environmental and public health aspects of the storage, date ?

No C 30 / 32 Official Journal of the European Communities 6 . 2 . 95

WRITTEN QUESTION E-l 894 / 94

by Alexander Falconer ( PSE )

to the Commission

WRITTEN QUESTION E-l 896 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 ) (6 September 1994 )

( 95 / C 30 / 74 ) ( 95 / C 30 / 76 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has been taken to date to implement
recommendation 9 on Euratom-IAEA liaison on nuclear

safeguards of the amended report on the environmental and
public health aspects of the storage, transport and
reprocessing of nuclear fuels, A3-0220 / 93 by Mr Llewellyn
Smith, as supported by Parliament on 16 July 1993 ?

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has been taken by the Commission to
implement recommendation 7 on the presentation to the
Council of proposals for new legislation to ensure that the
agreements made at the 1992 Review Conference on the
Physical Protection of Nuclear Materials are implemented
across the Community, of the amended report on the
environmental and public health aspects of the storage,
transport and reprocessing of nuclear fuels, A3-0220 / 93 by
Mr Llewellyn Smith, as supported by Parliament on 16 July

1993 ?

WRITTEN QUESTION E-l 897 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )
WRITTEN QUESTION E-l 895 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 75 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has been taken by the Commission to
implement recommendation 8 on the ad hoc working group
on plutonium demand of the amended report on the
environmental and public health aspects of the storage,
transport and reprocessing of nuclear fuels, A3-0220 / 93 by
Mr Llewellyn Smith, as supported by Parliament on 16 July

1993 ?

Which independent experts have been invited to present
evidence before this ad hoc group ? When and where has it
met to date ? What plans exist for future meetings ? What
discussions have taken place with the IAEA over the ad hoc
group ? What reports have been made to the Council and
Parliament respectively pursuant to recommendation 8 ?

( 95 / C 30 / 77 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has the Commission taken to implement
recommendation 6(i ), ( ii ) and ( iii ) respectively on the risks
posed and safety measures required to transport high-level
nuclear waste of the amended report on the environmental
and public health aspects of the storage, transport and
reprocessing of nuclear fuels, A3-0220 / 93 by Mr Llewellyn
Smith, as supported by Parliament on 16 July 1993 ?

WRITTEN QUESTION E-1898 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 78 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has been taken by the Commission to
implement recommendation 5 ( i-iv ) on the risks of

6 . 2 . 95 Official Journal of the European Communities No C 30 / 33

plutonium transport of the amended report on the WRITTEN QUESTION E-1902
environmental and public health aspects of the storage, by Alexander Falconer ( PSE )
transport and reprocessing of nuclear fuels, A3-0220 / 93 by

to the Commission

Mr Llewellyn Smith, as supported by Parliament on 16 July

WRITTEN QUESTION E-1902 / 94

to the Commission

1993 ?

WRITTEN QUESTION E-l 899 / 94

by Alexander Falconer ( PSE )

to the Commission

(6 September 1994 )

( 95 / C 30 / 79 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What specific action has been undertaken by the
Commission 's DG-XI and Euratom to implement the full
cradle-to-grave environmental audits of alternative nuclear
fuel-cycle options, including direct disposal, compacting
and re-processing, as called for in recommendation 4 of the
amended report on the environmental and public health
aspects of the storage, transport and reprocessing of nuclear
fuels, A3-0220 / 93 by Mr Llewellyn Smith, as supported by
Parliament on 16 July 1993 ? What resource commitment
has been made to fulfilling this request to the Commission ?
Will the Commission explain why the requested
environmental audits have not been presented to Parliament
by May 1994 as requested ?

(6 September 1994 )

( 95 / C 30 / 81 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has the Commission taken to include in its
revision of Directive 92 / 3 / Euratom ( J ) on the prior
notification, supervision and control of radioactive wastes,
recommendation 1 of the amended report on the
environmental and public health aspects of the storage,
transport and reprocessing of nuclear fuels, A3-0220 / 93 by
Mr Llewellyn Smith, as supported by Parliament on 16 July

1993 ?

0 ) OJ No L 35, 12 . 2 . 1992, p . 24 .

Joint answer to Written Questions
E-1885 / 94 to E    - 1900 / 94 and E-1902 / 94

given by Mr Oreja
on behalf of the Commission

(5 October 1994 )

The 17 questions put by the Honourable Member refer back
to Parliament 's resolution ( Doc . A3-0220 / 93 ) on the
environmental and public health aspects of the storage,
transport and reprocessing of spent nuclear fuels in the
Commuriity, adopted at the part session of July 1993 .

The resolution has prompted comments from the
Commission which, owing to their length, are being sent
WRITTEN QUESTION E-1900 / 94 directly to the Honourable Member and to Parliament 's

by Alexander Falconer ( PSE ) Secretariat .

to the Commission

(6 September 1994 )

( 95 / C 30 / 80 )

Subject : Commission action on Parliament 's
recommendation on the report on the storage,
transport and reprocessing of nuclear fuels

What action has been taken by the Commission to
implement recommendation 3 of the amended report on the
environmental and public health aspects of the storage,
transport and reprocessing of nuclear fuels, A3-0220 / 93 by
Mr Llewellyn Smith, as supported by Parliament on 16 July

1993, to ensure that safeguards clauses are fully
incorporated into all EC agreements with countries outside
the EU, especially in central and eastern Europe and the
Middle and Far-East, involved in nuclear trade with EU
Member States or with Euratom ?

WRITTEN QUESTION E-1903 / 94

by Alexander Falconer ( PSE )

to the Council

(1 September 1994 )

( 95 / C 30 / 82 )

Subject : Council action on Parliament 's recommendation

on the report on the storage, transport and
reprocessing of nuclear fuels

What action has been taken by the Council in response to
recommendation 5 ( i, ii and v ) of the amended report on the
environmental and public health aspects of the storage,
transport and reprocessing of nuclear fuels, A3-0220 / 93 by

No C 30 / 34 Official Journal of the European Communities 6 . 2 . 95

Mr Llewellyn Smith (*), as supported by Parliament on

16 July 1993 ? When were these matters discussed by the
Council ? What communications has Council had with
Parliament in regard to implementation of the
recommendations ?

(*) OJ No C 255, 20 . 9 . 1993, p . 255 .

' Commission nationale de suivi ' established by the said Law
and on royal implementing orders, the Honourable Member
could usefully obtain information from the national
authorities .

WRITTEN QUESTION E-1922 / 94

Answer
by Jessica Larive ( ELDR )

(2 December 1994 )

to the Commission

( 12 September 1994 )

1 . The Council would remind the Honourable Member
that the International Atomic Energy Agency ( IAEA ) has ( 95 / C 30 / 84 )
established a regime, subscribed to by all the Member States,
for the transport of nuclear materials and radioactive
substances . Subject : Spending of European

2 . Furthermore, the Member States are constantly
endeavouring, within the framework of the IAEA 's work, to
contribute to improving the criteria used to set up that
regime .

WRITTEN QUESTION E-1909 / 94

by José Happart ( PSE )

to the Commission

(6 September 1994 )

Subject : Spending of European money on sport in the

European Union

Can the Commission give an overview of sports projects
which have been made possible by European financial
resources on the basis of budget line B3-305, Europe in
sport ?

Can the Commission also explain how it intends to
incorporate the Larive report on the European Community
and sport adopted by the European Parliament on 27 April

1994 into its policy, particularly in the context of the
forthcoming meeting of the Sports Forum ?

( 95 / C 30 / 83 )
Answer given by Mr Pinheiro

on behalf of the Commission

Subject : Eco-taxes ( 20 October 1994 )

PVC is widely used in the composition of containers or
packaging for products used in agriculture ( plant health
products, etc .).

Will these products also be subject to eco-taxes ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 13 October 1994 )

The question refers to the Interpretation of Chapter V

( Article 379 et seq .) of Book III ( Ecotaxes ) of the Belgian
Law of 16 July 1993 designed to complete the federal
structure of the State ( Moniteur beige, 20 July 1993, second
edition ). That chapter deals with industrial containers,
including all those for pesticides, without specifying the
materials used for their manufacture .

Eco-taxes are not among the indirect taxes harmonized at
the Community level and consequently are subject only to
review for compliance with Article 95 of the EEC
Treaty .

Because, furthermore, the precise application of the
provisions in question depends on proposals from the

As regards the first part of the question, budget Article
B3-305 ( Sport ) carries ECU 2 million in 1994, of which ECU

1,2 million is reserved exclusively for sports activities for the
disabled . A ' 1994 Sports for the Disabled ' programme has
been prepared .

Following agreement by the Member States, the ' European
Sports Committee for the Disabled ' give its opinion to the
Commission, at its meeting on 19 November 1993 . This
Committee consists of 24 members, two per Member State,
one representing the mentally disabled and the other the
physically disabled . On the basis of the Committee 's
opinion, 22 projects out of the 35 submitted were
selected .

Of a total of ECU 1,2 million the following amounts have
been committed to date :

ECU 518 000 : basic projects ;

ECU 175 000 : school sports for disabled pupils ;

ECU 168 000 : Lillehammer paralympics ;

ECU 140 000 : world athletics championship for the
disabled — Berlin ;

6 . 2 . 95 Official Journal of the European Communities No C 30 / 35

ECU 60 000 : sports network — rehabilitation centres ;

ECU 40 000 : publicity material .

A total of ECU 1 101 000 has already been committed . The
remaining ECU 99 000 will be committed before the end of
the budget year in accordance with the criteria laid
down .

The ECU 800 000 available for all other sporting activities
was distributed as follows :

ECU 140 000 : planning and organization of the Fourth
European Sports Forum ;

ECU 75 000 : operation of the fair play campaign ( together
with the Council of Europe );

ECU 40 000 : planning of the Europack campaign, a
campaign against doping ( together with the Council of
Europe );

ECU 400 000 : subsidy towards the 1994 budget of the
European Athletics Federation ; in return the Community
image was projected at two sporting events which enjoyed
wide media coverage, namely : the European Cup in
Birmingham and the European Championship in
Helsinki ;

ECU 10 000 : feasibility study for the European Schools
Games carried out by the International Federation for
School Sports ;

ECU 135 000 : was divided among smaller scale projects or
events but with a European dimension, such as the
university table-tennis championships, the European
basketball tournament, the secondary schools ' trophy

etc .

With regard to the second part of the question, the
Commission has decided, having taken note of the
conclusions of the Larive report, to forge closer contacts
with the world of sport .

At the third meeting of the European Sports Forum in
November 1993, the Commission proposed that a working
party be set up to follow up the study on the impact of
Community activities on sport .

The working party, set up in 1994, will study the problems
of restrictions to free movement and the failure to recognize
diplomas of sports trainers . At the Fourth Forum to which
the Parliament is invited, the Commission will insist on an
early solution to these pressing problems .

In order to boost coordination and to facilitate the flow of

information between the Commission and the world of
sport, an information desk will be set up in the Sports Unit .
This desk will be accessible to the various sports authorities
in the Parliament and to individuals .

WRITTEN QUESTION E-1923 / 94

by Jessica Larive ( ELDR )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 85 )

Subject : Spending of Gutenberg Programme money to

promote books and reading

The European Parliament has introduced a new budget line,
B3-2004, to promote books and reading, the Gutenberg
Programme, in response to the Larive report
( A3-0159 / 92 I 1 )).

1 . Can the Commission say precisely how the ECU
200 000 has been spent ?

2 . Can the Commission say whether the wishes expressed

by the European Parliament in the Larive report
( A3-0159 / 92 ) have been taken adequately into account
in the spending of this money ?

3 . Can the Commission appreciate the rapporteur 's

surprise at the apparent establishment of a new
programme, Ariane, without the European Parliament
or its rapporteur being involved, despite the
requirements of Article 128 of the Maastricht
Treaty ?

H OJ No C 42, 15 . 2 . 1993, p . 182 .

Answer given by Mr Pinheiro

on behalf of the Commission

( 31 October 1994 )

1 . Following the adoption of the Larive report, the new
budget item B3-2004 ( Promotion of books and reading —
Gutenberg Programme ) was endowed with a total
appropriation of ECU 200 000 for 1994 .

Use has been made of this appropriation notably for the
purposes of the ' Reading for pleasure ' campaign to promote
books and reading, which was launched by the Ministers for
Culture in cooperation with the Council of Europe in April

1993 and culminated in the Frankfurt Book Fair on
8 October 1994 . As part of the campaign seven specialist
meetings and symposia were held on various aspects of
books and reading on the initiative of the Member States
and with the support of the Commission . Organized in close
cooperation with the relevant bodies in the Member States
concerned, they each received a financial contribution of up
to ECU 30 000 .

The campaign meetings are listed below :

— Books as media : European meeting of literary critics

( Brussels, 15 / 16 December 1993 )

No C 30 / 36 Official Journal of the European Communities 6 . 2 . 95

— Promotion of cooperation with and between libraries :

— conference on libraries and archives ( Lisbon,
28 January 1994 )

— seminar : ' Through books, discover Europe . . . and

each other ' ( London, 21 / 22 March 1994 )

— Promotion of books and reading among young people :

European meeting of book trade representatives ( Turin,

19-20 May 1924 )

— Literary translation and translator training : European

meeting of translators and other professionals

( Amsterdam, 9 / 10 June 1994 )

— The problems facing small publishers and bookshops in

Europe : conference of specialists and professionals

( Luxembourg 22 / 24 June 1994 )

— Conservation of acid paper and use of permanent paper :

meeting of specialists entitled ' The conservation of
Europe 's cultural heritage : policy and research solutions
concerning the preservation of paper and leather ' ( Delft,
27 / 28 June 1994 ).

2 . The ' Reading for pleasure ' campaign was launched in
response to the wish of the Member States to take stock of
the situation in respect of books and reading in the
Community and, through consultations with professionals
and experts, produce a rapid assessment which could serve
as a basis for European action in this field . The aim was to
trigger ideas for the development of an extended support
programme in the field of books and reading, which, in time,
would encompass some of the concerns set out in the
Gutenberg Programme .

It is now up to Parliament and the Council to act on this
proposal for a Decision and make such amendments as they
deem necessary .

WRITTEN QUESTION E-1928 / 94

by Doris Pack ( PPE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 86 )

Subject : Subsidies granted by the Commission for trade

union information and education work f

Every year the Commission grants substantial amounts of
money to trade unions for information and education work
inter alia for measures to prepare workers for the internal
market and for the implementation of the White Paper on
Competitiveness, Growth and Employment .

Can the Commission indicate the level of funding provided
in 1992, 1993 and 1994 ? What budget items are the source
of this funding ? What proportion of the total provision for

1992 and 1993 was actually spent ? Which national trade
unions and which trade union umbrella organization at
European level, including their national or European
affiliated institutions, received funding in 1992 and 1993,
and how much did they receive ? What is the planned
allocation of funds for 1994 ? What criteria were and are
used for the granting of assistance ? Which
Directorates-General and which services deal with the

granting of assistance ?

Answer given by Mr Flynn
on behalf of the Commission

3 . The Ariane Programme forwarded to the Council and
Parliament for discussion and adoption under the ( 20 October 1994 )
co-decision procedure, as provided in Article 128 of the EC
Treaty, is designed to step up Community support for
translation and, as such, constitutes the first stage in greater Commission funding for trade union
Community action to promote books and reading . The education work comes under two
Commission undertook to present these initial proposals budget item B3-4002 concerning
rapidly so as to ensure that, as from 1996, the various and training measures for workers '
measures undertaken under the budget currently available managed by DG V and budget items
for cultural activities can be underpinned by programmes managed by DG X.
adopted in accordance with the new procedures provided
for in the EC Treaty . For this reason, it has given priority to

The appropriations under budget

proposals designed to take the place of existing pilot intended to promote measures in
measures, with particular reference, as far as books and

completing the internal market and

reading are concerned, to those which relate to translation, workers . In 1992 and 1993 the
an area which has, moreover, been identified as deserving of million and in 1994 ECU 6 million . In
particular attention by both Parliament and Council . The almost all the appropriations were
Commission has made provision in the Ariane Programme
for the development of support measures relating not only
to literary translation but also to works of drama and A detailed list of the national and
cultural reference works as well as of various back-up organizations and institutions supported

Commission funding for trade union information and
education work comes under two different budget items :
budget item B3-4002 concerning support for information
and training measures for workers ' organizations which is
managed by DG V and budget items B3-3010 and 3000
managed by DG X.

The appropriations under budget item B3-4002 are
intended to promote measures in connection with
completing the internal market and the integration of
workers . In 1992 and 1993 the funding totalled ECU 5
million and in 1994 ECU 6 million . In both 1992 and 1993

almost all the appropriations were spent .

measures .

A detailed list of the national and European workers '
organizations and institutions supported under budget item
B3-4002 in 1992 and 1993 and also this year is being

6 . 2 . 95 Official Journal of the European Communities No C 30 / 37

transmitted to the Honourable Member and to the

Secretariat-General of the Parliament . The criteria for the
grant of assistance are : the content and objective of the
measure ( which have to comply with the commentary on the
budget heading ), its location ( no general information events
may be organized where Community institutions are
located ) and the representativeness of the national and
European organizations concerned .

The appropriations under budget items B3-3100 and 3000
are used for the purpose of general information for trade
unions, including workers ' organizations, on European
integration and the European institutions . In 1992 and 1993
the appropriations concerned totalled ECU 600 000 and in

1994 ECU 935 000 . In both 1992 and 1993 all the funds
were spent . One third of the sum was granted to European
umbrella organizations and two thirds to national trade
unions . The same breakdown is being applied this year . The
grant of funds depends on the Commission 's specific
priorities, the requirements of the applicant and the
representativeness of the organizations concerned .

WRITTEN QUESTION E-1930 / 94

by Alexandros Alavanos ( GUE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 87 )

Subject : Reneval Programme for Neorio

Pursuant to Community decisions, the Greek Government
has sold the Syros shipyards to the Amber Maritime
company . Despite the Greek Government 's original
commitments, this decision is creating acute social problems
for more than 300 workers on an island in severe industrial

decline .

How does the Commission propose to use Renaval, and
possibly other Community programmes, to deal with the
major social and economic crisis on the island of Syros ?

Answer given by Mr Millan
on behalf of the Commission

( 17 October 1994 )

The new Community initiatives for the period 1994-1999
do not include a specific programme for the restructuring of
areas dependent on shipyards . However, the ' Industry and
Services ' programme contained in the Greek CSF for the
same period includes integrated measures for the
restructuring of industrial areas in decline . The island of
Syros is one of those areas .

As part of the technical assistance measures, a study is being
carried out to produce a proposal for conversion of the
island through alternative development measures, including
infrastructure measures, and measures to re-train and
increase the qualifications of workers either threatened with
unemployment or who have already lost their jobs .

In addition, the ' Continuing Vocational Training '
programme in the Greek CSF provides for vocational
training for workers and the unemployed in areas suffering
from industrial decline .

WRITTEN QUESTION E-1932 / 94

by Jessica Larive ( ELDR )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 88 )

Subject : Registration of foreign vehicles in the European

Union

Can the Commission say whether foreign cars towing
caravans in Spain are required to display a blue plate with a
superimposed yellow triangle ( as prescribed for Spanish
cars )?

If this is the case, does the Commission agree that it conflicts
with the principle that the registration of a vehicle, with or
without a caravan, in one Member State is valid throughout
the European Union ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 20 October 1994 )

The Spanish authorities, which have already been consulted
on this matter, have informed the Commission that Article
239(d ) of the highway code, which required a special sign to
be displayed on towing and towed vehicles, ceased to apply
to both nationals and non-nationals with the entry into
force of the general traffic rules approved by Decree

13 / 1992 of 17 January 1992 ( BOE of 31 January 1992 ).

The answer also indicated that instructions to this effect had
been sent out to all traffic police and traffic administration
departments .

Accordingly, the matter raised by the Honourable Member
should cause no further problems .

No C 30 / 38 Official Journal of the European Communities 6 . 2 . 95

WRITTEN QUESTION E-l 945 / 94 WRITTEN QUESTION E-1947 / 94

by Carmen Fraga Estévez ( PPE ) and by Joaquín Sisó Cruellas ( PPE )

Miguel Arias Canete ( PPE ) to the Commission

to the Commission
( 12 September 1994 )

( 12 September 1994 )

(9 SIC 30 / 89 )

Subject : Problems related to fishing licences for the
Community black hake fishery fleet

Fishing for black hake is carried out exclusively by the fleet
based in the port of Cadiz ( Spain ), which consists of 36
vessels ( of some 12 000 GRT ) fishing solely in the grounds
belonging to Morocco, Mauritania and Senegal . One of the
main problems affecting this fleet is that of licences ; most of
the vessels have two licences to enable them to engage in
their activities as required in those fishing-grounds, and are
thus obliged to take on board a certain number of local
sailors pursuant to the terms of the respective fisheries
agreements with Morocco, Senegal and Mauritania . In some
cases, as many as seven third-country sailors have been
taken on board a single vessel ( amounting to 41 % of the
crew ) — a figure which is surely excessive, especially if one
recalls that unemployment in that region of Spain is over
30% .

Most of the vessel owners concerned also have to make

considerable outlays on the fees and administrative expenses
involved in obtaining two licences rather than one, where
the period of use overlaps two calendar years .

Does the Commission not consider that the necessary
representations should be made to the authorities of the
countries concerned with a view to halving the number of
sailors taken on board where a vessel has more than one

licence ( recalling that the matter has already been resolved
with Senegal )? Does it not consider that licences should be
issued for four-month periods ( as provided for in the
agreement with Mauritania ) and that owners should only
have to pay for one licence even where the proposed fishing
period overlaps two calendar years, and is it willing, where
necessary, to take the requisite action ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(6 October 1994 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .

( 95 / C 30 / 90 )

Subject : The Cohesion Fund in Spain

A part of the Cohesion Fund ( of which Spain is one of the
beneficiary Member States ) is intended for transport
infrastructure projects related to trans-European
networks .

Can the Commission state how many transport
infrastructure projects the Spanish Government has
submitted and what budgetary resources have been
allocated in each case ?

Can it state which networks and transport modes are
involved in each individual project ?

Can it name the region or regions and localities in which
each project will be carried out, and specify the deadlines
proposed ?

Answer given by Mr Schmidhuber

on behalf of the Commission

( 11 October 1994 )

In 1994 the Spanish Government submitted 11
trans-European transport network projects for financing by
the Cohesion Fund . They are being examined by the
Commission .

The amount of assistance requested for these projects would
suggest that there will be a balance between environment
projects and transport infrastructure projects for Spain in

1994 . Nine of the projects concern road building, and two
are to improve railway infrastructures . A list of transport
infrastructure projects approved by the Commission in

1993 under the Regulation establishing the cohesion
financial instrument, the predecessor to the Cohesion Fund,
is being sent direct to the Honourable Member and to
Parliament 's Secretariat .

WRITTEN QUESTION E-1949 / 94
by Daniel Varela Suanzes-Carpegna ( PPE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 91 )

Subject : Industrial anxiety in Burela ( Lugo province, Spain )

arising from the use of illegal fishing equipment by
French fishermen

Serious problems and a high degree of tension are currently
in evidence in the fishing community in the coastal area

6 . 2 . 95 Official Journal of the European Communities No C 30 / 39

around the port of Burela in Lugo province ( Spain ), owing
to the illegal use by France of fishing equipment which is
outlawed by Community legislation .

What urgent measures has the Commission taken, and what
measures does it intend to take in the forthcoming days, to
achieve a lasting solution to this conflict ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 October 1994 )

The Commission deplores the acts of violence between
fishermen which marked a period during this year 's NE
Atlantic albacore tuna season . Such aggression cannot
under any circumstances be justified .

The Commission went to enormous lengths to ensure that
those Member States whose fleets where active in this
fishery deployed inspection vessels on the high seas to
monitor them .

The Commission inspectors were continuously embarked in
the patrol vessels to witness controls conducted by the
national authorities . The level and application of control is
probably unprecedented . Up to eight national inspection
vessels simultaneously monitored the high seas tuna fleet .

WRITTEN QUESTION E-1951 / 94

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 92

Subject : Tax advantages offered by certain Spanish
regions

The Spanish autonomous communities of the Basque
Country and Navarre offer tax advantages to companies
setting up operations within their territory . This has led a
number of institutions and bodies in Spain to lodge
complaints against these regions ' recourse to tax
incentives .

What is the Commission 's position with regard to the
situation created by these tax incentives in the two Spanish
regions concerned ? Is the Commission empowered or
obliged to take action against such practices ?

Answer given by Mr Van Miert

on behalf of the Commission

in the Basque country introduced by Provincial Laws
28 / 1988 ( Alava ), 8 / 1988 ( Vizcaya ) and 6 / 1988 ( Guipuzcoa )
are, as regards the measures relating to corporation tax and
personal income tax, incompatible with the common
market for the purposes of Article 92(1 ) of the EC Treaty .
For further details of the Commission 's position of this
matter, the Honourable Member is referred to the above

Decision .

As regards the tax measures introduced by Provincial Laws

12 / 93 ( Navarre ), 18 / 1993 ( Alava ), 5 / 1993 ( Vizcaya ) and
11 / 1993 ( Giupuzcoa ), the Commission has launched an
investigation to verify their compatibility or incompatibility
with the common market for the purposes of
Article 92(1 ).

(!) OJ No L 143, 3 . 6 . 1993 .

WRITTEN QUESTION E-1955 / 94

by Jannis Sakellariou ( PSE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 93 )

Subject : Recognition of medical studies in EU Member

States

1 . Does the following constitute an infringement of
Directives 75 / 362 / EEC i 1 ) and 75 / 363 / EEC ( 2 )? A medical
student in the Federal Republic of Germany fails his
preliminary medical examination, whereupon he transfers
to Thessaloniki ( Greece ) to study . His successfully
completed German courses of study are there recognized .
On successfully completing his studies in Greece, he is told in
Germany that he cannot be registered as a doctor, his studies
in Greece being irrelevant due to his having failed the
preliminary medical examination in Germany .

2 . Has the body responsible for the registration of
doctors in Germany ( here the Bavarian Ministry of State )
infringed some other EU Directive, and if so, which ?

(!) OJ No L 167, 30 . 6 . 1975, p . 1 .

( 2 ) OJ No L 167, 30 . 6 . 1975, p . 14 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 10 October 1994 )

( 18 October 1994 )
A national of a Member State of the Community has the
right to establish himself and to pursue his medical activities
In Decision 93 / 337 / EEC ( ), the Commission concluded a in any Member State . Directive 93 / 16 / EEC (a consolidation
substance that the scheme of tax concessions fo investment of Directives concerning the mutual recognition of medical

No C 30 / 40 Official Journal of the European Communities 6 . 2 . 95

qualifications from 1975 until 1990 ) obliges the host
Member State to recognize a qualification from another
Member State and to treat it, within its own territory, on the
same terms on which it treats its own qualifications . Thus
the German authorities are obliged to recognize a Greek
medical qualification, set out in the Directive, for purposes
of access to the activity of a doctor in Germany . The fact that
he did not succeed at an earlier stage of his medical
education in Germany cannot be used as a barrier against
the right of establishment conferred on a national of a
Member State by the EC Treaty .

Under Council Regulation ( EEC ) No 3972 / 86 of
22 December 1986 concerning food-aid policy and
management ( J ), it is for the Commission, in compliance
with the procedures laid down in that Regulation, to decide
on emergency food aid action to help vulnerable population
groups faced with serious unforeseen food shortage
difficulties as a result of natural disasters or exceptional
circumstances . Emergency aid other than food aid is also
decided on by the Commission under existing rules .

The Honourable Member is also requested to consult the
reply given by the Commission on 4 November 1994 to
Written Question No 2040 put by Ms MAIJ-WEGGEN .

(!) OJEC No L 370, 30 . 12 . 1986 .

WRITTEN QUESTION E-1959 / 94

by Christine Oddy ( PSE )

to the Council

( 12 September 1994 )

( 95 / C 30 / 94 )

WRITTEN QUESTION E-1965 / 94

Subject : Food aid in the Horn of Africa

Is the Council of Ministers aware of the worsening food
supply situation across sub-Saharan Africa, particularly in
the Horn of Africa ?

What measures will it take to contribute to the $ 1 billion
aid highlighted by the United Nations Humanitarian
Committee as essential to avert a widespread disaster for the
6 million people living in drought-affected areas ?

Answer

(2 December 1994 )

The Council is aware of the difficult food situation in the

whole of sub-Saharian Africa and in particular in the
countries of the Horn of Africa .

The Council ( Development ) examined the situation in this
part of Africa at its meeting on 6 May 1994, at which the
Commission considered that a large-scale emergency and
food aid operation would be necessary in the region over the
coming months .

Thanks to multilateral as well as bilateral aid, which was not
solely food aid but also aid to strengthen the logistical
capacities of the States concerned, it has been possible to
avert the worst .

Recent information from the World Food Programme
indicates that the situation has significantly improved .
Abundant rains mean that the 1994 harvest should be the

best for many years in all the countries of the Horn of
Africa .

by Christine Oddy ( PSE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 95 )

Subject : GMB analysis entitled ' Divided by Degrees '

Is the Commission aware that the UK trade union, GMB,
has recently published an analysis entitled ' Divided by
Degrees ' which analyses the 1991 UK census data in relation
to race qualifications and employment ?

Is the Commission aware that the findings of this research
show that black and Asian people in the UK are 16 % . more
likely than white people to be highly qualified but twice as
likely to be unemployed ?

In the light of these statistics, what remedial steps does the
Commission intend to take to reduce unemployment
amongst UK blacks and Asians ?

Answer given by Mr Flynn
on behalf of the Commission

( 19 October 1994 )

The Commission has not received the analysis in question
and cannot therefore comment on its conclusions .

The Honourable Member will know that the principal
financial instrument managed by the Commission in the

6 . 2 . 95 Official Journal of the European Communities No C 30 / 41

field of employment is the European Social Fund . The WRITTEN QUESTION
Commission takes care to ensure that an adequate portion is by Hiltrud Breyer ( V )
directed to the particular needs of disadvantaged groups . to the Commission
Thus, for the UK, the recent decision on the use of the Fund
under Objective 3 makes explicit reference to the need for ( 12 September 1994 )
developing and promoting opportunities for ethnic ( 95 / C 30 / 97
minorities in sectors and occupations in which they have
traditionally been under-represented .

WRITTEN QUESTION E-1981 / 94

to the Commission

( 12 September 1994 )

( 95 / C 30 / 97

Subject : Construction of facilities for the static testing of

aircraft outside the planning area at
Saarbriicken-Ensheim Airport

Is the Commission aware that no environmental impact
assessment in accordance with EC-EIA 2.5 was carried out

before the facilities for static testing of aircraft were built in
WRITTEN QUESTION E-1975 / 94 1991, and what will the Commission do about this ?

by Alex Smith ( PSE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 96 )

Subject : Import and export of radioactive acids

What Regulations cover the import and export of
radioactive acids into and from the EU ?

Answer given by Mr Oreja
on behalf of the Commission

(7 October 1994 )

The Community provisions applicable to the importation
and exportation of radioactive substances, including
radioactive acids, depend on the particular substance
concerned and its intended use .

Imports and exports of radioactive acids containing nuclear
materials in solution intended to be used, consumed,
treated, processed or shaped are subject to the provisions of
the Euratom Treaty, in particular those of Chapters VI and
VII including the secondary legislation applicable .

However, radioactive acids which contain or are
contaminated by radionuclides and are not intended to be
used are, by definition, radioactive waste . Directive
92 / 3 / Euratom on the supervision and control of shipments
of radioactive waste (*) applies to the importation and
exportation of such radioactive acids .

(M OJ No L 35, 12 . 2 . 1992 .

Answer given by Mr Paleokrassas

on behalf of the Commission

( 31 October 1994 )

The Commission does not have any information on the
construction of facilities for the static testing of aircraft near
Saarbriicken-Ensheim Airport .

Although it is not clear from the information provided in the
written question, it is possible that this project falls within
paragraph 11(g ) of Annex II to Council Directive
85 / 33 7 / EEC on the assessment of the effects of certain

public and private projects on the environment . Projects
listed in Annex II require an environmental impact
assessment under the Directive if they are likely to have a
significant effect on the environment . The Commission will
write to the German authorities asking for further
information on this project and asking whether the
application of Directive 85 / 337 / EEC to the project was
considered prior to the granting of the relevant development

consent .

WRITTEN QUESTION E-1984 / 94

by Thierry Jean-Pierre ( EDN )

to the Commission

(1 September 1994 )

( 95 / C 30 / 98 )

Subject : Activities of the Forward Studies Unit

Can the Commission indicate :

1 . What research has been carried out by the Forward

Studies Unit since its creation ?

2 . The size of the Forward Studies Unit 's budget since its

creation ( annual amounts )?

No C 30 / 42 Official Journal of the European Communities 6 . 2 . 95

3 . What studies have been contracted out to external
experts and / or institutes and firms ?

Can the Commission indicate, for each of these

contracts,

4 . The name of the contractor(s ),

5 . The value in ECU of the contract,

6 . The budget item and heading to which this expenditure
has been charged ?

Answer given by Mr Delors
on behalf of the Commission

( 12 October 1994 )

1 . The Forward Studies Unit was set up by the
Commission in July 1989 . It has 12 members and its general
task is to monitor and assess European integration . This
involves three things : collecting and analysing information
on an on-going basis ; organizing a network of
correspondents inside and outside the Commission ; drafting
specific reports in response to remits given by the
Commission . In the latter context it has produced seven
studies :

— Europe and demographic movement - study of the

consequences for the Community of long-term
population movements ;

— Promoting lasting economic and social development : the

future of North-South relations   - study of the future of
North-South relations ;

— Environment and development - study of the effects on

economic development of taking the environment into

account ;

— Transport and the environment - study of the effects on

the transport sector of taking the environment into

account ;

— The future of the biomass - study of the future of this

renewable energy source ;

— Environment and employment - study of the synergy

between the objectives of sustainable development and
of combating unemployment ;

— New sources of employment ( work in hand ) - study of

the potential for job creation and the obstacles to be
overcome, and identification of significant
experiments .

In addition to this work which it carried out itself, the
Unit also coordinates futurology studies conducted in
cooperation between European or non-European research
institutes on matters relating to the future of European
construction :

— Shaping factors, shaping actors in Europe 2000 ( in
cooperation with 12 national futurology institutes or
centres );

— Comparative study of democratization and economic

liberalization in three countries in central and eastern

Europe ;

— Long-term scenarios of trends in countries of the former

Soviet Union and their relations with the European
Union ( in hand );

— Long-term scenarios of trends in countries in eastern and

southern Asia and their relations with the European
Union ( in hand );

— Long-term factors of security on the European continent

  - collective work of six European geopolitical
institutes .

2 . The Forward Studies Unit does not have its own

budget . Under internal Commission procedures, it is
granted annual allocations from various items of the
administrative budget . These allocation are used to finance
the mission and entertainment and representation expenses
of its members, reimbursement of meeting costs and experts,
and studies carried out outside the Commission . The

following table sets out the alloctions received by the Unit
since it was set up .

( in Ecu )

Mission costs
Year

( Item 1 300 )

Representation

costs
( Item 1 701 )

Experts
( Item 2 500 )

Studies

( Item 2 600 )

1989 30 000 2 000 10 000 100 000

1990 40 000 4 000 21 000 50 000

1991 105 000 5 000 20 000 121 700

1992 118 000 6 000 75 000 208 000

1993 111 000 8 500 85 000 115 000

1994 120 000 7 700 90 000 130 000

3, 4 and 5 . Each study carried out for the Commission is
analysed and recorded in the Ceres data base . This applies to
all the studies commissioned by the Forward Studies Unit .
Parliament has direct access to the Ceres data base, which
provides the information requested by the Honourable
Member in points 3, 4 and 5 of the question .

6 . All the studies conducted by outside contractors for
the Forward Studies Unit were financed from Article 260 of

the budget .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 43

WRITTEN QUESTION E-1985 / 94

QUESTION E-1985 / 94 is reviewing its policy regarding measures and penalties

by Glyn Ford ( PSE ) based on Article 171 of the Treaty on European Union .

to the Commission When will the Commission complete this review ?

by Glyn Ford ( PSE )

( 19 September 1994 ) (!) OJ No C 6, 9 . 1 . 1995, p . 15 .
( 95 / C 30 / 99 )

Subject : Billing in advance for services

Would the Commission confirm that the practice of billing
in advance for provision of a public utility ( that is to say,
domestic water supplies ) is legitimate ? Is this a common
practice within Member States ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 21 October 1994 )

Billing in advance for services is a very common practice . It
can be considered either as a fixed price or in advance on
consumption . Prima facie, it appears to the Commission
that this practice is legitimate .

Billing is essentially a matter of contract . The parties
sometimes negotiate terms individually . When however a
party is not able to influence the substance of the terms, as in
the case of standard contracts Directive 93 / 13 / EEC of
5 April 1993 ( ! ) on unfair terms in consumer contracts,
makes it the responsibility of the Member States to ensure
that contracts concluded with consumers do not contain

unfair terms . The Directive contains an indicative and
non-exhaustive list of terms which may be regarded as
unfair . A clause providing for payment in advance does not
appear in this list .

Nevertheless, this list being of indicative value only, the
scope of the terms may be the subject of amplification or
more restrictive editing by the Member States in their
national laws . Therefore, it is for the courts or
administrative authorities of the Member States to decide
whether such a clause is to be prohibited in a particular

case .

Answer given by Mr Delors
on behalf of the Commission

( 17 October 1994 )

The Commission will of course make use of the possibilities
offered by Article 171 of the EC Treaty, in particular with
regard to the penalties to be proposed should the Court of
Justice give judgment against a Member State for a second

time .

At its meeting of 6 July 1994, the Commission decided to
prepare actively for the implementation of this new
instrument available to the Court of Justice in order to
ensure compliance with its judgments . Reference will be
made to the Court 's power to impose penalties in all formal
letters of notice and reasoned opinions to be sent to Member
States as part of the procedure followed when a judgment of
the Court of Justice is not enforced .

The Commission has sent all the Member States a formal
letter informing them of this .

Nevertheless, the Commission hopes that in a Community
which aspires to be a community governed by law, the Court
will not have tb exercise this new power .

WRITTEN QUESTION E-1990 / 94

by Freddy Blak ( PSE )

to the Commission

(!) OJ No L 95, 21 . 4 . 1993 . (1 September 1994 )

( 95 / C 30 / 101 )

Subject : State aid to MTW shipyards

WRITTEN QUESTION E-1988 / 94

by Bartho Pronk ( PPE )

to the Commission

( 19 September 1994 )

( 95 / C 30 / 100 )

Subject : Pollution of the Meuse by chemical discharges in

Belgium

In point 5 of his reply to Written Question No
E-3 874 / 93 ( J ), Mr Paleokrassas states that the Commission

Will the Commission release the full text of the
Commission 's Decision of 11 May 1994 concerning State
aid to the MTW shipyards ?

Will it also explain why one Member State can prevent a
Commission decision being disclosed to another Member
State ? The background to this question is the Commission 's
reply to the Danish Government of 18 July 1994 in which
the Commission states that it will only disclose the content
of the decision of 11 May 1994 with the German
Government 's consent .

No C 30 / 44 Official Journal of the European Communities 6 . 2 . 95

Answer given by Mr Van Miert

on behalf of the Commission

( 10 October 1994 )

After the Commission takes a positive decision in a State aid
case the decision is sent to the Member State concerned in

the form of a letter .

When on 18 July 1994 the Danish authorities requested the
text of the decision of 11 May 1994 concerning aid to the
shipyard MTW, the Commission first checked by letter
dated 28 July 1994 with the German authorities whether
they considered the letter to contain commercially
confidential information, before providing the full text to
the Danish authorities .

This check is only made in order to protect commercially
sensitive information and does not, as indicated by this case,
limit the authority of the Commission to send the text of its
decisions to third parties .

— The spurious charges against them try to implicate the

Greek Government in so-called acts of hostility against
Albania, crudely and provocatively distorting the truth .
This unacceptable provocation follows a whole
catalogue of other provocative acts by the Albanians
affecting religious freedom, freedom of education and
the right to take part in political activity .

— It is obvious that the Albanian Government is aiming at

systematic intimidation .

In view of this, will the Commission say :

1 . What information it has about this case which is a

flagrant violation of human rights ?

2 . Whether it will review the question of economic aid to

this country, which is riding rough-shod over human
rights and fundamental legal principles ?

3 . What it is doing and what it intends to do to restore

respect for international law and human rights in this
particular case ?

Answer given by Mr Van den Broek

WRITTEN QUESTION E-1992 / 94 on behalf of the Commission

by Yiannis Roubatis ( PSE ) ( 14 October 1994 )
to the Commission

(1 September 1994 )

{9 SIC 30 / 102 ) According to the official report circulated by the CSCE
Italian Presidency, it appears that no serious infringements
of the rights of defence were established in the case in

' detention of members of the question . Mr van der Stoel, the CSCE 's High Commissioner

party ' Omonoia ' on National Minorities, when he visited the prisoners did

not say anything to suggest that they were maltreated . The
Commission is, however, aware of the existence of other

' authorities Omonoia ' for to detain a members of months of reports committed suggesting . that certain infringements were

Subject : Albanian authorities ' detention of members of the

Greek minority party ' Omonoia '

In allowing the Albanian authorities to detain members of
the Greek minority party ' Omonoia ' for a period of months
now, the Albanian Government is in flagrant violaton of
human rights, fundamental civil liberties and the safeguards
which should apply in any just and civilized State . The
following points are of particular note :

— The Greeks have been held in custody for months on the

basis of trumped-up charges ( which have only recently
been made public ) which make it a criminal offence for
' Omonoia ' to take part in political activity and which
provide incontrovertible evidence of the violation of
human rights and basic civil liberties .

— The procedure hitherto followed by the Albanian

authorities and the conditions in which the prisoners
have been held in custody are unacceptable . It is reported
that during this long period of detention, the ' omonoia '
members have been held in appalling conditions which
endanger their health and lives . Moreover, neither their
relatives nor representatives of humanitarian
organizations have been allowed to visit them and they
have not been given the opportunity to contact or be
represented by lawyers .

The Commission follows closely the situation regarding
respect for human rights, democracy and the strengthening
of civil society in the countries of central and eastern
Europe, including Albania, and is implementing a number of
projects in these areas within the framework of the Phare
Democracy Programme, in close liaison with the Council of
Europe .

The Commission has proposed a grant for macro-economic
assistance to Albania within the framework of a programme
agreed with the IMF . The implementation of this will take
into account the overall situation in Albania . Any further
appeals by the condemned minority members as well as their
treatment will form the object of careful observation and all
opportunities to recall to the Albanian authorities their
obligation with regard to question of human rights will be
used .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 45

QUESTION E-1994 / 94 Since the provisions of Chapter VII of the Euratom Treaty

Hiltrud Breyer ( V ) apply fully to these supplies, there is no connection with the

illegal trade in nuclear materials to which the Honourable
to the Commission
Member refers .

WRITTEN QUESTION E-1994 / 94

by Hiltrud Breyer ( V )

( 12 September 1994 )

( 95 / C 30 / 103 )

Subject : Supplies to research reactor FRM II in Garching by

the ESA

According to information from the State of Bavaria 's
Ministry for Education Culture, Science and Art, the
Technical University of Munich was made an offer of a
contract on 17 May 1994 under which a supplier chosen by
the Euratom Supply Agency is to supply 400 kilograms of
highly enriched uranium for use in the FRM II research
reactor in Garching .

Does the Commission know from which country, which
stocks and which supplier the ESA is obtaining the highly
enriched uranium to be used by the Garching research
reactor ?

Has this proposed new arrangement for the supply of highly
enriched uranium been agreed with the Euratom Safeguard
Agency ?

What are the Commission 's views on this proposed supply
contract in the light of the objectives of the European
RERTR Programme ( Reduced Enrichment for Research
and Test Reactors )?

What are its views on the safety aspects of the proposed new
supply arrangements in view of the worldwide illegal trade
in highly enriched uranium for which Germany is a focal
point ?

Answer given by Mr Oreja
on behalf of the Commission

( 19 October 1994 )

Although it was kept informed of the offer to supply 400 kg
of highly enriched uranium for the FRM II reactor, the
Agency did not select the supplier itself .

According to the information available at present, the
material came from surplus Community stock .

The provisions of Chapter VII of the Euratom Treaty

( safeguards ) apply fully to these materials .

Although the Commission supports the European RERTR
Programme ( Reduced Enrichment for Research and Test
Reactors ), it has to be recognized that a limited number of
specific reactors must use highly enriched uranium while
waiting for new types of fuel .

WRITTEN QUESTION E-1999 / 94

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

( 19 September 1994 )

( 95 / C 30 / 104 )

Subject : Euro-villages

Would the Commission enumerate its activities and specific
contributions to the launching and encouraging of
associative action of a social nature such as

Euro-villages ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 26 October 1994 )

The Commission is aware of the European economic
interest grouping ' Eurovillages ' which involves 10 tourism
operators from seven countries in the development of social
tourism, offering traditional family holidays in holiday
villages at prices that are accessible to families of modest
means . The value of initiatives such as this is easily
recognised . However, in the main, it is rather through
indirect means that resources are being used to encourage
initiatives with a social dimension .

Within the framework of the Community action plan to
assist tourism, in order to facilitate access to tourism by
groups of people who, for various reasons, but especially for
social or health reasons, have difficulty in taking holidays,
the Commission has focused mainly on improving shared
information on good practices and the availability of
tourism facilities in this field for widespread dissemination .
As a result, a number of projects have either already been
carried out or are in progress :

1991 :

— A study on social tourism by Cetos

1992 :

— A brochure ' Tourism for All ' by the Holiday Care

Service

— A project to the benefits of providing holidays for the

poorest families in Europe by ATD Quart Monde

No C 30 / 46 Official Journal of the European Communities 6 . 2 . 95

1993 : WRITTEN QUESTION E-2004 / 94

— A transnational project to prepare key tools (a directory,

a guide and a map ) to facilitate a European network of
social tourism facilities located across Europe by
Cetos

— Two guides to improve the information available to

facilitate greater access to tourism by people with
disabilities . Both are being prepared by Mobility
International .

The proposed multi-annual programme of work for
cooperatives,, mutual societies, associations and
foundations in the Community also envisages various
actions that will do much to assist associations to form

groupings similar to Eurovillage and in this way place them
in a better position to harness the resources of the
Community more effectively .

WRITTEN QUESTION E-2003 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 19 September 1994 )

( 95 / C 30 / 105 )

by Carlos Robles Piquer ( PPE )

to the Commission

( 19 September 1994 )

( 95 / C 30 / 106 )

Subject : Need to stop smuggling of nuclear material which

may be used for military purposes

According to the report recently published in Der Spiegel, 6
grammes of high-grade plutonium 239 was found in a
garage in the Baden region . This information, and the
contraband found by the German police a few days later in
mid-August, have led to considerable alarm, first in
Germany and then throughout the world, with German
specialists even being sent to Moscow to examine the issue,
which is receiving top-level treatment in view of its
implications for the foreign policies of Germany and the CIS
and, possibly, for German domestic policy .

Can the Commission state whether it believes that 150 kilos

of plutonium could be hidden in the same way ? What new
information does the Commission have regarding the large
quantities of unsupervised nuclear material for military use
within the CIS, which were mentioned during the debate on
the subject of ' nuclear mercenaries '?

Answer given by Mr Van den Broek

on behalf of the Commission

Subject : Institutional aspects of Mediterranean policy
( 17 October 1994 )

Can the Commission tell me what role it is assigning to
possible institutional measures in the guidelines which, at
the request of the Council, it is preparing on extending the
scope of EU Mediterranean policy, at a time when the
Council is considering the possibility of calling a Conference
of the European Union and its Mediterranean Associated
States after the European Council meeting in Essen ?

The Honourable Member is referred to the Commission

communication to the Council and Parliament of

7 September 1994 on the illicit traffic in radioactive
substances and nuclear materials ( 1 ). In this document the
Commission gives details of cases of illicit trafficking and
proposes an integrated and coordinated European strategy
to deal with the situation .

(M COM(94 ) 383 final .
Answer given by Mr Marin
on behalf of the Commission

( 13 October 1994 )

The Commission 's proposals for strengthening
Mediterranean policy will include institutional matters . For
example the Commission is likely to propose a reinforcing
of the political dialogue and enhanced relations at the
parliamentary level . However, these are not matters for the
Community to decide alone . In the Commission 's view, one
of the purposes of the Euro-Mediterranean Conference in

1995 should be to determine jointly with the Mediterranean
partners the institutional framework within which
cooperation should be intensified .

WRITTEN QUESTION E-2007 / 94

by Winfried Menrad ( PPE )

to the Commission

( 19 September 1994 )

( 95 / C 30 / 107

Subject : Distortions of competition caused by State aids

According to Dutch press reports, the Frima company
intends to construct a salt production plant at Harlingen in

6 . 2 . 95 Official Journal of the European Communities No C 30 / 47

the Dutch province of Friesland with the help of State aids . investor who decides whether there is a market for his
The plant will be geared to the markets of neighbouring EU additional capacity .
countries, since the Dutch market is very largely controlled
by the ' monopolistic ' AKZO company .

1 . Is it true that Frima intends to use state aids to construct
a refinery at Harlingen in the Netherlands producing 1,2
million tonnes of salt p.a .?

2 . Has the granting of various State aids been notifid

pursuant to Article 93(3 ) of the EEC Treaty ?

3 . What is the Commission 's position on the use of Dutch

state aids to create further superfluous capacities in the
European salt market, the distortions of competition
which the financing structure will cause and the threat to
jobs in the EU ?

WRITTEN QUESTION E-2010 / 94

by Wilhelm Piecyk ( PSE )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 108 )

Subject : EC-aid for Schleswig-Holstein

In 1992 and 1993 what aid was received by
Schleswig-Holstein, and for what individual measures or
projects, from the following sources

— the European Regional Development Fund ( ERDF ),

Answer given by Mr Van Miert — the European Social Fund ( ESF ),

on behalf of the Commission

( 17 October 1994 )

1 . It is true that Frima B.V intends to construct a salt
production plant at Harlingen in the Netherlands with a
capacity of 1,2 million tonnes a year . The Netherlands
Government has decided to award a grant of up to FL
11 338 500 for this investment, this sum corresponding to
10% of eligible investment cost .

2 . The aid referred to above is awarded under the aid

scheme ' Subsidieregeling regionale investeringsprojecten

1991 ', which was approved by the Commission in 1990 .
The Netherlands Government is not obliged to notify
pursuant to Article 93 ( 3 ) EC Treaty the application of this
approved aid scheme in favour of Frima . The province of
Friesland, where Harlingen is located, is eligible for regional
aid on the basis of the derogation provided for in Article
92(3 ) c ) EC Treaty .

— the European Agricultural Guidance and Guarantee

Fund ( EAGGF ) — Guarantee Section,

— the European Agricultural Guidance and Guarantee

Fund ( EAGGF ) — Guidance Section including
restructuring of, and support for, fisheries and
aquaculture,

— the European Community 's research programmes,

— the European Community 's energy programmes,

— the European Community 's environmental

programmes,

— funds from the ECSC and the EIB,

— the European Community 's programmes for supporting

education, training and exchanges of young people,

— the European Community 's social and cultural

programmes,

— and any other programmes or budget titles of the

The Commission is currently checking with the Netherlands European Community ( such as support for women or
authorities whether other planned interventions by local linguisic / cultural minorities )?
government and by public enterprises constitute aid or not .
If they do constitute aid, they must be notified in advance
pursuant to Article 93(3 ) EC Treaty .
Answer given by Mr Delors
on behalf of the Commission

3 . Aid schemes with a regional objective are approved by ( 25 October 1994 )
the Commission without sectoral distinctions . The only
exceptions to this general rule are those sectors to which
specific rules or regulations apply : steel, shipbuilding, The figures for years to 1992 can
synthetic fibres, the motor-car industry, as well as parts of Commission 's answer to Question No
agriculture and fisheries . New plant in the salt production
industry can therefore be aided with the help of approved Grants and loans to Schleswig-Holstein
aid schemes in regions eligible for assistance . It is the follows :

The figures for years to 1992 can be found in the
Commission 's answer to Question No E-2041 / 93 i 1 ).

Grants and loans to Schleswig-Holstein in 1993 were as
follows :

No C 30 / 48 Official Journal of the European Communities 6 . 2 . 95

Schleswig-Holstein — 1993

( in million Ecu )

ESF 6,5 2

EAGGF — Guidance Section 15,15

ERDF 14,06

R&D ( DG XII ) 4,85

Thermie

TFHRE (*) 1,14

Cultural programmes 0,06

Loans

EIB 32,12

ECSC

0 ) Force : 260 000 ECU

Petra : 75 000 ECU

Comett : 318 000 ECU

Erasmus : 362 053 ECU

Lingua : 122 042 ECU
Enterprise policy :

2 Euro Info Centres

5 BC-Net-members

1 BCC member

The aggregate cost of communications and office technology projects in

1992 / 93 was ECU 30,9 million .

does not include any specific criteria on the membership or
elected boards of the non governmental organizations
which are represented on the European Disability Forum .

However the Commission was aware, when the Forum was
established, of the need to ensure that the interests of
disabled people were fully represented .

The specific information which has now been requested will

be sought from the organizations concerned and forwarded
to the Honourable Member and to the Secretariat-General

of Parliament as soon as it is available .

(!) OJ No L 56, 9 . 3 . 1993 .

WRITTEN QUESTION E-2016 / 94

by Hugh McMahon ( PSE )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 110 )

(*) OJ No C 234, 22 . 8 . 1994 . Subject : Helios Programme

In relation to the Helios Programme, could the Commission
please give the number of people employed within the Helios
Team of Experts and of these the number of disabled people
WRITTEN QUESTION E-2015 / 94 who are employed as :

by Hugh McMahon ( PSE )

to the Commission

( 22 September 1994 )

— Director

— Senior Experts

( 95 / C 30 / 109 )
— Junior Experts

Subject : Helios Programme — Assistants .

In relation to the Helios Programme, could the Commission
please give the number of directly representative disability
organizations ( where the membership and elected boards
comprise 51% or more disabled people ) and disabled
people who are on :

— the Forum

— the Integrated Education Group

— the Working Group on Employment

— the Working Group on Independent Living .

Answer given by Mr Flynn
on behalf of the Commission

Answer given by Mr Flynn
on behalf of the Commission

( 24 October 1994 )

Thirty four people are employed in the Helios team of

experts :

Director 1,
Senior expert 3,
Junior expert 11,
Assistant 4,
Administrator 1,
Others ( administrative ) 14 .

( 21 October 1994 ) Three of these ( one senior expert, one assistant, and one
other member of staff ) are known to have a disability .
The Council Decision of 25 February 1993 (*) establishing
the Helios II Action Programme to assist disabled people

6 . 2 . 95 Official Journal of the European Communities No C 30 / 49

WRITTEN QUESTION E-2018 / 94

by Hugh McMahon ( PSE )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 111

Subject : Redeployment of staff who are or become
disabled

What is the policy of the Commission as regards the
redeployment of staff who are or become disabled ?

Answer given by Mr Van Miert

on behalf of the Commission

( 31 October 1994 )

In the unfortunate event of a Commission staff member

becoming disabled through illness or accident, the
Commission will, with the advice of the Medical Service,
make every effort to enable the staff member to continue his
service with the Commission . If, however, the disability is
such that the member of staff is prevented from performing
the duties corresponding to a post in his career bracket, the
staff member will be obliged to end his service with the
Commission on the grounds of invalidity but will be entitled
to an invalidity pension .

In certain circumstances the period of invalidity may be a
temporary one, and the invalidity condition is subject to
periodic review by the Medical Service . In these
circumstances, there is the possibility for the staff member to
resume Commission employment . In such cases invalidity
pension will cease .

To date only Luxembourg and Denmark have transposed
this Directive into national law, although the deadline
passed almost six months ago . Given the growing
importance of the problem, due essentially to the explosion
in road transport, the Commission must, as a matter of
urgency, use its powers under Article 169 of the EC Treaty
to open the procedure to take action against Member States
which have failed to fulfil Treaty obligations . When does the
Commission intend to do so ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 11 October 1994 )

It should be noted that in the event of the values given in
Annex 1, points 3 and 4 ( 180 fx g / m 3, population
information threshold, and 360 / ig /m 3, population warning
threshold ) to Council Directive 92 / 72 / EEC (*) being
exceeded, Article 5 of the Directive provides that the
Member States should take the necessary measures for the
public to be informed ( for example, by means of radio,
television and the press ), in accordance with Annex IV .

The ' ozone ' Directive should have been implemented at
national level in April 1994 at the latest as provided for by
Article 9 . Member States who have brought this Directive
into force should have informed the Commission

immediately thereof .

The Commission has already initiated infringement
procedings for failure to notify measures to implement this
Directive at national level against those Member States who
have failed to fulfil their obligations arising out of the
abovementioned Directive as well as Article 189, third
paragraph, and of Article 5, first paragraph, of the EC
Treaty .

All in all, according to the information forwarded by the
Member States to the Commission, six of them have
transposed this Directive into national law, one has
indicated that its existing legislation was sufficient ( Ireland ),
four are in the process of transposing the Directive into
WRITTEN QUESTION E-2020 / 94 national law and one has not yet given any response .

by Paul Lannoye ( V )

to the Commission (*) OJ No L 297, 13 . 10 . 1992 .

( 12 September 1994 )

( 95 / C 30 / 112 )

Subject : Informing the public of ozone pollution

Meteorological conditions during the summer months ( high
temperatures, maximum sunshine levels and light winds )
have been conducive to the development of photochemical
smog, which is known to be dangerous to human health .
Ozone levels throughout the European Union have regularly
exceeded the ' health protection threshold ' ( 110 / xg / m 3 for
the mean value over eight hours ) and the ' population
information threshold ' ( 180 jag / m 3 for the mean value over

1 hour ) as defined by the Council Directive of 21 September
1992 ( 92 / 72 / EEC on air pollution by ozone ).

WRITTEN QUESTION E-2021 / 94

by Sérgio Ribeiro ( GUE )

to the Commission

( 12 September 1994 )

( 95 / C 30 / 113 )

Subject : The situation in the Alentejo and the Enxoe

dam

Contrary to earlier reports, local councillors from the
Alentejo region ( on the left bank of the Guadiana ) were told

No C 30 / 50 Official Journal of the European Communities 6 . 2 . 95

at a meeting with the Minister of the Environment that the
Enxoe dam project was to be redrafted and put forward for
Cohesion Fund support during the month of August, and
then opened to public tender .

As this region ( or sub-region ) has been particularly badly hit
by the economic crisis and structural policy decisions, it is
dependent on projects like this dam . Can the Commission
therefore tell me whether it has received or is awaiting the
application for funding in question, how the application has
been presented, whether it is acceptable, and what deadlines
have been set for its implementation ?

Answer given by Mr Schmidhuber

security scheme in that country . If these doctors
subsequently join a special scheme for professional workers
in Germany they can ask for the compulsory contributions
to the general scheme to be refunded . The German
authorities do not, however, refund contributions to
doctors who join a special scheme for professional workers
in another Member State .

The Court of Justice has recently given a ruling in a parallel
case ( 1 ). As the Leguaye-Neelsen case and the case raised by
the Honourable Member are similar — albeit not identical

— and the question is complex, the Commission proposes to
have the matter discussed in the near future by the
Administrative Committee on migrant workers .

on behalf of the Commission ( J ) Court judgment of 16 December 1993 in Case C-28 / 92

(4 October 1994 ) ( Leguaye-Neelsen ), not yet published .

The Commission has not yet received the amended version
of the Enxoe dam project and cannot answer the
Honourable Member 's question .

WRITTEN QUESTION E-2024 / 94

by Jannis Sakellariou ( PSE )

to the Commission

WRITTEN QUESTION E-2022 / 94 ( 22 September 1994 )

by Jannis Sakellariou ( PSE ) ( 95 / C 30 / 115 )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 114 )

Subject : Discrimination against EU citizens under social

security legislation in the Federal Republic of
Germany

Is the Commission aware that, when a Greek national who
has worked for less than 60 months as a doctor in the

Federal Republic of Germany, paying compulsory
contributions to the Federal Employees ' Insurance Scheme

( BfA ), returns to Greece and insures himself with the Greek
Medical Welfare scheme ( TSAY ), his contributions to the
BfA are not reimbursed even though such contributions are
reimbursed to a person who, after a period of insurance with
the BfA, subsequently insures himself with a German
insurance scheme ( e.g. the Bavarian Architects ' Welfare
Scheme )?

Is the Commission aware that this state of affairs results

from Section 6(1)(1 ) of the German Social Security Code
Vol . VI, and does it not regard this German legislation as
discriminating against EU citizens ?

Subject : Introduction of an senior citizens ' identity card

Does the Commission intend, in accordance with its
recommendation of 10 May 1989, to take measures to
introduce a European senior citizens ' identity card ?

If so, what are they ?

If not, why not ?

Answer given by Mr Flynn
on behalf of the Commission

( 21 November 1994 )

A recommendation on the Over 60 's Card was adopted
by the Commission on 10 May 1989 ( 1 ). Despite this
recommendation not much progress has been made towards
a Senior 's Travel Card at European level .

The alternative on which the Commission has been working
together with organizations representing older people at
European level, is to launch a pilot project through which

given by Mr Flynn the feasibility of such a card can be tested in practice in a
of the Commission

number of Member States .

( 24 October 1994 )

Answer given by Mr Flynn
on behalf of the Commission

(!) OJ No L 144, 27 . 5 . 1989 .

The Honourable Member refers to the position of doctors
employed in Germany and covered by the general social

6 . 2 . 95 Official Journal of the European Communities No C 30 / 51

WRITTEN QUESTION E-2027 / 94 WRITTEN QUESTION E-2028

by Kirsten Jensen ( PSE ) by Thierry Jean-Pierre ( EDN )

WRITTEN QUESTION E-2028 / 94

by Kirsten Jensen ( PSE )

to the Commission

( 16 September 1994 )

( 95 / C 30 / 116 )

Subject : Danish fish farms ' compliance with applicable

rules

Reports by the Danish environmental authorities reveal
numerous infringements of feeding permits for fish farms, a
build-up of sludge drainage of waterways and instances
where local flora and fauna have been devastated . In the

light of this, will the Commission say whether fish farming
in Denmark ( both fresh and saltwater ) complies with EU
legislation and other international agreements and, in
particular, will the Commission give its views on the eight
saltwater farms situated at the mouth of the Ringkobing
fjord, which is also an area covered by the Ramsar
Convention ?

It should be noted that information on pollution levels, for
instance, can be obtained by scrutinizing county council
assessments of pollution levels for fish farms .

to the Commission

( 16 September 1994 )

( 95 / C 30 / 117 )

Subject : Seconded national experts

1 . How many seconded national experts are currently
working at the Commission ( by nationality, grade and
Directorate-General ) ?

2 . How many seconded national experts were working at
the Commission in 1985 ( by nationality, grade and
Directorate-General )?

3 . How many seconded national experts in category A
are there in each Directorate-General compared to the
number of Community officials in the same category ?

4 . How are these national experts paid ?

5 . Which of the allowances paid to officials and other
servants under the Staff Regulations of the European
Communities do they receive ?

6 . To which budget items and headings is this
expenditure charged ?

Answer given by Mr Van Miert

on behalf of the Commission
Answer given by Mr Paleokrassas ( 18 October 1994 )

on behalf of the Commission

( 11 October 1994 )

The Commission is not aware that fish farming in Denmark
fails to comply with Community legislation and other
international agreements . As regards areas of conservation
importance, protected under Community law, Denmark has
the most complete network of Special Protection Areas,
classified pursuant to Article 4 of Council Directive
79 / 409 / EEC ( ! ). The Danish authorities have recently
notified the Commission of a new Environment Ministry
Order No 408 of 25 May 1994 on the delimitation and
administration of Community bird protection areas and
Ramsar areas, which lays down binding rules for the
authorities on management of these areas . Ringk0bing
fjord, which is a Special Protection Area as well as a Ramsar
site, is covered by this order .

The total number of national experts on secondment to the
Commission and paid for out of the operating budget in

1994 corresponds to 570 man / years, or 15,5% of the
number of established officials and temporary staff in
grades A8 to A4 and 26,4 % of officials and temporary staff
in grades A4 and A5 ( x ). National experts on secondment
are not subject to grading rules, but they tend to have the
kind of age and experience that would make them
comparable to A4 and A5 officials .

In 1985 the number of national experts on secondment
corresponded to approximately 80 man / years .

The breakdown by nationality for 1994 and 1985 is as
follows :

( in % )

0 ) OJ No L 103, 25 . 4 . 1979 . Nationality 1994 (M 1985

Belgian 2,65 9,4

Danish 4,07 2,6

German 18,26 6,8

No C 30 / 52 Official Journal of the European Communities 6 . 2 . 95

Nationality 1994 f 1 ) 1985

Greek 2,83 2,0

Spanish 6,73 4,6

French 21,45 21,4

Irish 1,41 9,4

Italian 4,60 12,4

Luxembourgish 0,17 0

Dutch 7,09 4,2

Portuguese 5,49 0,3

British 22,87 25,6

Other 2,30 1,3

f 1 ) As of 14 September 1994 .

In 1994 the distribution of national experts on secondment
by area of Comission activity, as used in the budget, and
these figures expressed as a proportion of staff in category
A, is as follows :

Area of activity ( man Experts / yrs ) All staff ( % )

1 . Internal market 179 1 094 16,4

2 . Social area 45 279 16,1

3 . Flanking policies 71 679 10,5

4 . Economic development

and structural measures 65 583 11,1

5 . Common policies 31 274 11,3

6 . External relations 92 1 22 6 7,5

7 . Horizontal services 99 1 023 9,7

Members ' Offices 7 124 5,6

WRITTEN QUESTION E-2032 / 94

by Jean-Marie Le Chevallier ( NI )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 118 )

Subject : EEC / Turkey Association Agreement

The Association Agreement concluded in 1963 between the
European Community and Turkey, known as the Ankara
Agreement, which has already been deferred several times, is
due to come into force on 1 January 1995 .

Can the Commission confirm that this is correct and, if so,
what will be the consequences, with particular regard to the
free movement of persons and goods ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 21 October 1994 )

The creation of a customs union between the Community
and Turkey is the cornerstone of the Association Agreement
signed in 1963 and supplemented by the Additional
Protocol which was signed in 1970 and came into force on

1 January 1973 . Contrary to the information provided by

Total 589 5 272 11,2 the Honourable Member, application of the Association

Agreement has not been deferred but the transitional period
provided for in the Additional Protocol will not terminate
The breakdown for 1985 is not available . until 1995 when the final stage of the customs union will

commence .

During their secondment, national experts continue to
depend on their employer for their salary and social security
cover ( pension, sickness insurance, etc .). The Commission
pays a daily allowance in ecus equal to the allowance
payable to an official in grade A4 to A8 for a mission at the
same place of employment . Where a national expert does
not transfer his household to his place of employment, the
Commission reimburses the cost of one journey a month
from his place of employment to his place of origin . If an
expert does move to his place of employment he is entitled to
reimbursement of annual trips home on the same basis as
members of staff covered by the Staff Regulations .

Expenditure relating to national experts on secondment and
covered by the operating budget is charged to budget
heading A-1520 .

( J ) As of 20 September 1994 .

It is intended that the forthcoming Association Council
scheduled for 19 December 1994 should formalize the
transition to the final stage of this customs union, which is
confined to industrial products and entails not only the
abolition as between the parties of customs duties and
charges having equivalent effect, but also the adoption by
Turkey of the Community 's commercial policy as well as a
whole complex of Community law concerning inter alia,
standardization, competition, customs, intellectual and
industrial property that is essential to ensure the free
movement of goods and the smooth operation of the
customs union .

The current discussions are not aimed at modifying the
existing rules governing the free movement of persons .

6 . 2 . 95 Official Journal of the European Communities No C 30 / 53

WRITTEN QUESTION E-2033 / 94

by Manuel Monteiro ( RDE )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 119 )

Subject : Community funds allocated to Portugal since EEC

accession

1 . In order that the Portuguese public opinion may be
fully cognizant of the facts, would the Commission please
state the total amount of financial assistance received by
Portugal since it joined the European Economic
Community ?

2 . Could this information be broken down, if possible, in
terms of the various existing Structural Funds and of the
Community Support Frameworks ( CSF ) and the single
programming documents ?

Answer given by Mr Delors
on behalf of the Commission

( 19 October 1994 )

While appreciating the effort made by the Honourable
Member to inform the Portuguese public, the Commission
considers that the matter should not be looked at in purely
budgetary terms because the benefits to Portugal — as to
any other Member State — go far beyond the purely
budgetary aspects and are difficult to assess .

A relatively complete picture of Community assistance to
Portugal is given in the regional brochure prepared for the
recent elections to the new Parliament .

The Honourable Member is referred to the Vademecum on

the reform of the Structural Funds for the contributions by
the Structural Funds to Portugal .

As regards the period 1989 to 1993, because of the length of
the answer the Commission is sending it direct to the
Honourable Member and to Parliament 's Secretariat .

The Community Support Framework for the period 1994 to

1999 was adopted in March 1994 and it includes aid
totalling ECU 13,98 billion . The Honourable Member will
find more details in the text of the CSF .

WRITTEN QUESTION E-2034 / 94

by Sergio Ribeiro ( GUE )

to the Council

( 23 September 1994 )

( 95 / C 30 / 120 )

Subject : ' Variable geometry ', ' hard core ', ' two-speed
Europe '

The statements made by the German CDU / CSU
Christian-Democratic parties concerning ' variable
geometry ' and the ' creation of a hard core ', given that they
are moreover the parties of government and currently
constitute the Presidency of the European Union, are of the
greatest political significance ; the reactions which they have
provoked are entirely justifiable .

These declarations and reactions have launched an

on-the-spot debate on the Community 's conception,
structure and institutions which is not perhaps all that one
could wish for, but which does have the advantage of
involving public opinion . For this reason, the positions of
virtually all the Governments, of the Member States are
known ( unfortunately, that of the Portuguese Government
is not, if it has one . . .).

However, refusing to allow this debate to be limited to
discussing which Member State will belong to the first class
( hard core ), second class ( first periphery ) and third class
( second periphery ), I would ask the Council, as an
institution of the European Union, whether it does not
believe that in the circumstances, it is imperative that it
adopt a clear position and tell the public how these ideas —
which emanate from so authoritative a source — are

compatible with the objective of economic and social
cohesion and other objectives which are propagated with
such impassioned demagoguery, with the intention of
creating an image of ' European integration ' very different
from the concrete form which integration is actually
taking ?

Answer

( 15 November 1994 )

It is not for the Council to give its views on the positions
adopted by persons, groupings or parties in the context of
their activities within individual Member States .

Furthermore, the Council as an institution is not competent
to enter into discussion as to the substance of matters

involving revision of the Treaties ; it will be for the
Conference of Governments of Member States due to take
place in 1996 and the fora responsible for preparing that
Conference 's work to consider the questions raised by the
Honourable Member with regard to the structure and
functioning of the institutions of the Union .

No C 30 / 54 Official Journal of the European Communities 6 . 2 . 95

The Council would refer the Honourable Member to the

conclusions of the Presidency of the Corfu European
Council concerning preparations for the 1996
Intergovernmental Conference, which specify the operating
rules for a study group in which two representatives of the
European Parliament will participate .

The Council would also refer the Honourable Member to

the debate held in the European Parliament 's plenary session
on 28 September 1994 concerning a multi-speed Europe, at
which the President of the Council made a statement on the

subject .

WRITTEN QUESTION E-2037 / 94

by Cristiana Muscardini ( NI )

to the Commission

( 22 September 1994 )

( 95 / C 30 / 122 )

Subject : Statements opposing the completion of European

Union

Is the Commission aware of the opinions recently expressed
by a German political group on the completion of European
Union, which apparently endorse the idea of a Europe of

' variable geometry ' consisting of a group of countries led by
Germany and France and excluding others such as the
United Kingdom, Spain and Italy ?

WRITTEN QUESTION E-2035 / 94

by Sergio Ribeiro ( GUE )

to the Commission What are its views on these proposals, which have sown
further doubt as regards the implementation of the
( 22 September 1994 ) Maastricht Treaty and helped to generate further confusion

95 / C 30 / 121 in the mind of the general public ?

( 95 / C 30 / 121 )

Subject : ' Variable geometry ', ' hard core ', ' two-speed
Europe '

The statements made by the German CDU / CSU
Christian-Democratic parties concerning ' variable
geometry ' and the ' creation of a hard core ', given that they
are moreover the parties of government and currently
constitute the Presidency of the European Union, are of the
greatest political significance ; the reactions which they have
provoked are entirely justifiable .

These declarations and reactions have launched an

on-the-spot debate on the Community 's conception,
structure and institutions which is not perhaps all that one
could wish for, but which does have the advantage of
involving public opinion . For this reason, the positions of
virtually all Governments of the Member States are known

( unfortunately, that of the Portuguese Government is not, if
it has one . . .).

However, refusing to allow this debate to be limited to
discussing which Member State will belong to the first class
( hard core ), second class ( first periphery ) and third class

( second periphery ), I would ask the Commission, whether it
does not believe that in the circumstances, it is imperative
that it adopt a clear position and tell the public how these
ideas — which emanate from so authoritative a source — are

compatible with the objective of economic and social
cohesion and other objectives which are propagated with
such impassioned demagoguery, with the intention of
creating an image of ' European integration ' very different
from the concrete form which integration is actually
taking ?

Does the Commission not agree that the European Union
should function as twelve ( or possibly as sixteen ) Member
States on the basis of the treaties that have been

underwritten and the political commitments that have been
repeatedly confirmed ?

Joint answer to Written Questions

E-2035 / 94 and E-2037 / 94

given by Mr Delors
on behalf of the Commission

(3 November 1994 )

As the Commission pointed out in its answer to oral
question H-495 / 94 by Mr Theonas ( 1 ), it closely follows the
various proposals and statements relating to institutional
reforms, notably, in the run-up to the intergovernmental
conference planned for 1996 .

The Commission will not fail to express its views on the very
important questions put by the Honourable Members in due

course .

( l ) European Parliament debates ( September 1994 ).

6 . 2 . 95 Official Journal of the European Communities No C 30 / 55

WRITTEN QUESTION E-2041 / 94

by Johanna Maij-Weggen ( PPE ), Ria Oomen-Ruijten ( PPE ),

Bartho Pronk ( PPE ) and Jan Sonneveld ( PPE )

to the Commission

( 22 September 1994 )

(9 SIC 30 / 123

Subject : Use of non-EU labour for short-term work in

agriculture and horticulture

In a number of EU Member States non-EU workers ( e.g.
from Poland ) are employed for short-term work in
agriculture and horticulture at harvest time .

1 . Can the Commission indicate the conditions of
employment for such temporary work in each Member
State ?

2 . Does the Commission not agree that where there are
large differences in pay and conditions of employment
there is distortion of competition, for example when
mushrooms are harvested on either side of a border but

under different conditions ?

3 . If so, does the Commission intend to propose an
appropriate harmonization Directive ?

relationships ( 2 ), notably concerning temporary work,
which are still being discussed by the Council . The adoption
of these two proposals for Directives would narrow the gap
between the relevant national provisions . At the same time,
the negotiating autonomy of the social partners and the
Member States ' differing policies on remuneration mean
that there may continue to be major differences in
remuneration between the Member States . The Commission

would also stress that in 1991 it adopted a proposal for a
Directive concerning the posting of workers in the
framework of the provision of services ( 3 ), one of the aims of
which is to ensure that businesses which are established in

non-member countries and which post their workers to
Member States for the provision of services comply with a
' core ' of mandatory social standards in force in the Member
States .

( J ) Communication from the Commission to the Council and the

European Parliament on immigration and asylum policies,
COM(94 ) 23 final of 23 February 1994, page 32 .

( 2 ) OJ No L 224, 8 . 9 . 1990 .
( 3 ) OJ No C 225, 30 . 8 . 1991 .

WRITTEN QUESTION E-2048 / 94

by Edward Kellett-Bowman ( PPE )

to the Commission

Answer given by Mr Flynn (3 October 1994 )
on behalf of the Commission ( 95 / C 30 / 124

( 22 November 1994 )

Subject : 0ver-60s card

1 . The Regulations governing working conditions which
are in force in the territory of the Member States apply
generally to migrant workers from non-member countries
who legally work there . This is designed to promote the
integration of legal immigrants . For the Commission, this
means " offering migrants and their descendants the
opportunity to live ' normally ' in the host country "^ 1 ). As
far as the Regulations governing working conditions in the
Member States are concerned, the Commission is sending
the Honourable Members and the Secretariat - General of the

Parliament a study published by the Commission containing
relevant comparative information . As regards illegal
immigration, the Commission states in its communication
on immigration and asylum policies that the Community
' requires an active policy to prevent and combat illegal
migratory movements ' ( 1 ).

2 . It should be remembered that wages and working
conditions are only two of the factors determining the
competitiveness of businesses . It would therefore be
jumping the gun to conclude that competition between the
businesses concerned is necessarily being distorted because
of differences in workers ' rights or wages between the
Member States .

3 . The Commission would point out that it produced
two proposals for Directives on certain work

What progress has been made with the introduction of an
over-60s card for European citizens which can be used in
any of the countries of the EU ?

Answer given by Mr Flynn
on behalf of the Commission

(9 November 1994 )

Despite the recommendation 89 / 350 / EEC on the Over 60 's
card adopted by the Commission on 10 May 1989 ( J ) not
much progress has been made towards a European senior 's
travel card at European level .

The alternative on which the Commission has been

working, together with organizations representing older
people at European level, is to launch a pilot project through
which the feasibility of such a card can be tested in practice
in a number of Member States .

(!) OJ No L 144, 27 . 5 . 1989 .

No C 30 / 56 Official Journal of the European Communities 6 . 2 . 95

WRITTEN QUESTION E-2050 / 94

by Nikitas Kaklamanis ( RDE )

to the Commission

( 23 September 1994 )

( 95 / C 30 / 125 )

Subject : Trade in wild species

In view of :

the increasing risk to the environment posed by the
depletion of the ozone layer,

the fact that, instead of protecting the earth 's fauna and
flora, man is continually destroying them,

the report by the World Wide Fund for Nature ( WWF ),

the fact that the European Union is one of the largest
markets for wild species, while the European Parliament has
approved a proposal for new Regulations on such trade,

does the Commission not agree that the European Union
should immediately adopt new legislation on this serious
issue ?

When does it intend to instigate the necessary
procedures ?

Answer given by Mr Paleokrassas

on behalf of the Commission

French versions of the addresses in Brussels to which the

applicants must report .

Will it explain why, in doing so, it continues to ignore the
bilingual status of Brussels ?

Answer given by Mr Delors
on behalf of the Commission

( 25 October 1994 )

It is the Commission 's policy to reply in the language used in
the application .

As has already been indicated in the reply to the Honourable
Member 's question No 3772 / 93 (*) on the use of languages
in letterheads, the Commission has taken the necessary steps
to adjust its word processing system so that the
Commission 's address in Brussels will appear in the
footer :

— in French when the letterhead is in French ;

— in Dutch when the letterhead is in Dutch ;

— in French and Dutch when the letterhead is in a language

other than French or Dutch .

(!) OJ No C 317, 14 . 11 . 1994, p . 45 .

WRITTEN QUESTION E-2081 / 94
( 24 October 1994 )

by Lilli Gyldenkilde ( V )

The Commission would like to draw the attention of the

Honourable Member to its proposal for a Regulation laying
down provisions with regard to possession of and trade in
specimens of wild fauna and flora (*), as amended in the
light of the opinion of the Parliament ( 2 ).

This amended proposal is currently under discussion in the

Council .

(M OJ No C 26, 3 . 2 . 1992 .
( 2 ) OJ No C 131, 12 . 5 . 1994 .

to the Commission

(6 October 1994 )

( 95 / C 30 / 127 )

Subject : Equal pay Directive

Is a situation whereby Member States ' finance ministers
choose to allow systems of pay which result, direct and
demonstrably, in men and women receiving different pay for
the same work compatible with the equal pay Directive ?

Answer given by Mr Flynn
on behalf of the Commission

WRITTEN QUESTION E-2076 / 94 (8 November 1994 )

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(3 October 1994 )

( 95 / C 30 / 126

Subject : Use of official languages by the Commission

Will the Commission say why, in its correspondence with
applicants taking part in competitions, it only gives the

The Commission notes that the words ' system of pay ' are
not precise and that it would be preferable to have either a
more accurate description or even a practical example of
what the Honourable Member intends . Nevertheless, the
Commission would make the following general
observations .

Under Community law, the right to equal pay for equal
work and work of equal value is ensured by both Article 119

6 . 2 . 95 Official Journal of the European Communities No C 30 / 57

EC Treaty and Directive 75 / 117 / EEC on equal pay ( 1 ). An
individual 's right to equal pay, as set out in these
instruments, must be respected within the national legal

system .

The Directive spells out the obligations of Member States
to remove all discriminatory laws, regulations and
administrative provisions, and to ensure that individuals
have effective recourse to the law in order to enforce their

right to equal pay .

The Commission takes the view that a Member State which

has taken such measures has fulfilled its obligations under
Community law .

(!) OJ No L 45, 19 . 2 . 1975 .

WRITTEN QUESTION E-2091 / 94

by Cristiana Muscardini ( NI )

to the Commission

(6 October 1994 )

charge, in view of the specialized, nature of these services .
60 % of EICs make such charges, but these represent at most
1 5 % of the cost of obtaining and providing the information,
which must be reliable and pertinent .

In the case of Lombardy, the Milan EIC does charge for its
services, but its scale of charges is widely publicized and
known to users .

Lastly, the Commission subjects the EIC network to a
permanent independent audit . The Commission 's financial
support to the EICs — which at best covers 10 to 15 % of an
EIC 's operating costs — is granted only if the independent
audit establishes that an EIC has fulfilled its contractual

obligations .

^ The biennial audit reports are forwarded to the
representatives of the Member States .

WRITTEN QUESTION E-2095 / 94

by Joao Soares ( PSE )

( 95 / C 30 / 128 ) to the Council

(7 October 1994 )

Subject : Euro Info Centres ( 95 / C 30 / 129 )

The Commission has always been keen to improve
information on services to the business world . This need has

been met by the setting up of the Euro Info Centre network .
In Milan three such centres have been set up, and although
they certainly help to disseminate information to businesses
and the world of work, as required by the Commission and
the European Parliament, they nevertheless fail to provide
an efficient service to users .

Is the Commission aware that users have been asked to pay
Lit 80 000 for the text of a Regulation ? Is there actually a
going rate for the ' service ' provided ? Does the Commission
consider that this sort of practice, or perhaps one should say
this sort of speculation, helps to disseminate information ?
Does the Commission give financial support to Euro Info
Centres ? What measures does the Commission intend to

take to ensure that the Euro Info Centres do not become a

money-making business for the corporate bodies which run
them ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 22 November 1994 )

The Euro Info Centres ( EICs ) supply free of charge all
information emanating from the Commission .

However, certain EICs which provide ' active ' added-value
services, advice and assistance to businesses may make a

Subject : Plight of Portuguese workers in Germany

It is common knowledge that there are several hundred
Portuguese workers in Germany who, having been swindled
by dishonest firms, are in desperate straits and face
unemployment, destitution, and even hunger .

The anomaly is especially puzzling, since it is a well-known

fact that Portuguese workers have been properly treated and
warmly welcomed in Germany for many decades .

What practical steps will the Council therefore take to tackle
this human emergency ?

Answer

(2 December 1994 )

It is not for the Council to give its views on the situation of
workers who are nationals of one Member State but who are

in the territory of another .

The situation of these workers is a matter for the Member

States concerned and, if appropriate, for the Commission,
which has the task of ensuring compliance with Community
law .

No C 30 / 58 Official Journal of the European Communities 6 . 2 . 95

QUESTION E-2119 / 94 In the context of its policy in support of consumers, the

Colom i Naval ( PSE ) Commission has recently carried out a study on products of

to the Commission this type, and is currently evaluating the results thereof .

WRITTEN QUESTION E-2119 / 94

by Joan Colom i Naval ( PSE )

(6 October 1994 )

( 95 / C 30 / 130 )

Subject : Advertising for slimming products

Recently, there has been a startling rise in advertising for
products which claim to help users to lose weight and are,
frequently, distributed by mail order or unconventional
channels . In various cases, the appropriate authorities of the
Member States have ruled that the advertising was
fraudulent, that the products in question did not meet
pharmaceutical requirements, etc . Given that this is a
problem which affects all the countries of the European
Union and that they are being marketed by means of
European-level media channels, has the Commission
undertaken any action to prevent abuses in this area ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 23 November 1994 )

For some time now, products of a certain type have been on
sale under the banner of ' miracle products '. These are
products which promise certain results to the consumer but
which in most cases fail to have the desired effect . The

slimming products mentioned by the Honourable Member
come under this category .

From the legal point of view, these products are covered in
general by Directive 84 / 45 0 / EEC concerning misleading
advertising ( ] ) and Directive 92 / 59 / EEC on general product
safety ( 2 ).

Other, more specific aspects are covered by sectoral
Directives, in particular Directive 89 / 398 / EEC ( 3 ) relating to
foodstuffs intended for particular nutrititional uses . Annex I
of this Directive lays down that low-energy and
energy-reduced foods intended for weight control must be
the subject of a specific Directive .

In other respects, and in so far as the products in question
are presented as having properties useful in the prevention
or cure of human diseases, they come under the category of
medicinal products for human use . They cannot therefore be
marketed until their effectiveness, quality and safety have
been demonstrated in accordance with the procedures
instituted under Community law . The labelling and
advertising of medicinal products is also strictly regulated by
Community law .

(!) OJ No L 250, 19 . 9 . 1984 .
( 2 ) OJ No L 228, 11 . 8 . 1992 .

( 3 ) OJ No L 186, 30 . 6 . 1989 .

WRITTEN QUESTION E-2120 / 94

. by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

(6 October 1994 )

( 95 / C 30 / 131 )

Subject : Activities to enhance the image of tourism for the

elderly

Does the Commission not think that it would be appropriate
to draw up a Directive laying down certain recreational,
cultural, dietary health-care and sanitary norms, and
guidelines for exchanges with and getting to know people or
retired persons ' clubs in the area, etc ., in order to counteract
a highly negative aspect of tourism for the elderly, namely
that in certain cases it is a fundamentally economic
enterprise designed to make the operating of end-of-season
tourist facilities profitable and to extend them for as long as
possible ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 22 November 1994 )

Within the framework of the European year of tourism, in

1990 a number of projects demonstrating the potential of
the development of tourism products for older tourists or
bringing together young and older tourists were
developed .

In Council Decision 92 / 42 1 / EEC about an action plan to
assist tourism, adopted on 13 July 1992 ( 1 ), it was decided
that measures for older people could be appropriately
developed within the framework of fields of tourism
identified in the action plan, such as cultural tourism, social
tourism, that is accessible to all European citizens, and
tourists as consumers .

During the ' European year of older people and solidarity
between generations ' 1993, support was given to the
publication of a study and a conference which looked at the
importance and potential of the senior travel market, and
recognized that the tourism industry cannot afford to ignore
this significant growth segment of the market .

As a result of this work, the Commission is currently
considering a proposal to research concessions available to

6 . 2 . 95 Official Journal of the European Communities No C 30 / 59

senior citizens in Denmark, France, Ireland and the United
Kingdom, in collaboration with non governmental
organizations in the field of ageing and the relevant
governments . The ultimate aim of this study is to create a
seniors card which would bring together advantages of
interest to older people travelling and living in these
Member States .

Another study, currently in progress, is looking at the
mobility of elderly people with particular attention to
tourism by car . The private motor car is the most commonly
used form of transport for all tourists, including older
citizens, departing on holidays . Support was given to
the ' Alliance Internationale de Tourisme / Federation

Internationale d' Automobile ( AIT / FIA )' to prepare this
study looking at ways in which additional assistance might
be provided for this group .

The Commission would encourage the tourism industry to
give greater consideration to the growing market which
older people constitute, putting greater emphasis on the
particular demands, interests and needs of the diverse sector
of older consumers .

Answer given by Mr Flynn
on behalf of the Commission

( 17 November 1994 )

The Commission is keeping a watchful eye on the
application of the principle of equal treatment for men and
women in occupational social security schemes, pursuant to
Article 119 of the EC Treaty as interpreted by the Court of
Justice, with particular reference to its judgment of 17 May

1990 ( Barber ), and in accordance with Directive
86 / 378 / EEC .

" With regard to the situation described by the Honourable
Member, the Commission intends to request further
information from the authorities in the Netherlands to
enable it to state its position in full knowledge of the
facts .

WRITTEN QUESTION E-2123 / 94
(!) OJ No L 231, 13 . 8 . 1992 .

by Carlos Robles Piquer ( PPE )

to the Commission

(4 October 1994 )

( 95 / C 30 / 133 )

WRITTEN QUESTION E-2122 / 94

by Nel van Dijk ( V ) Subject : Free trade unions in Cuba

to the Commission

( 13 October 1994 )

( 95 / C 30 / 132

Subject : Discrimination against women by Dutch pension

funds

1 . Is the Commission aware of reports in the Dutch press

( including Trouw of 26 August 1994 and Financieel
Dagblad of 27 August 1994 ), from which it emerges that
there are still pension funds in the Netherlands which
require employees taking out supplementary pensions to
have main bread-winner status and which apply conditions
that place women at a disadvantage ?

2 . Does it agree that such practices constitute direct or
indirect discrimination against women, which is
incompatible with the fourth Directive on equal treatment
for women in occupational social security schemes
( 86 / 378 / EEC ) ( x )?

Given that the Commission has set up an ECO Programme
office in Havanna, it must surely now be better informed
about the situation in Cuba than it was before .

Can the Commission tell me anything about the attack of
4 August 1994 on Lazar Corp Yeras and his younger son, an
attack which included a full-scale beatrng-up of both victims
and was carried out by one of the ' Rapid Intervention
Brigades ' set up by the Cuban Government to terrorize
dissidents ? As the Commission is no doubt aware, Mr Corp
Yeras ' crime is to be the chairman of a committee which

coordinates six unofficial groups seeking to function as free
trade unions for independent workers, in an attempt to
break the monopoly which the Constitution and the Penal
Code currently confer on the Cuban Communist party and
its subsidiary, the Single Trade Union Central Office .

Answer given by Mr Van den Broek

on behalf of the Commission

( 28 October 1994 )

3 . Is it prepared to press the Netherlands Government to
enforce existing legislation in this area and speed up the
introduction of legislation required to put an end to The alleged attack on Mr Lazaro Corp Yeras,
discrimination by pension funds against female Secretary-General of the general union of Cuban workers,
employees ? and his son on 4 Augsut came to the Commission 's

knowledge through press reports, which did not go much
(!) OJ No L 225, 12 . 8 . 1986, p . 40 . beyond what the Honourable Member himself states .

No C 30 / 60 Official Journal of the European Communities 6 . 2 . 95

The Cuban authorities are aware of the EU 's commitment to
respect for human rights, including union freedom, and of
the importance it attaches to this in its relations with other
countries .

The coordination unit of the European Community
Humanitarian Office, ECHO, which recently opened in
Havana, is under the authority of the Head of the
Commission Delegation in Mexico City and the
Humanitarian Office .

ECHO is a Commission department, which prepares,
carries out, finances, monitors and evaluates humanitarian
schemes in all non-Union countries . The coordination unit

in Havana is responsible for on-the-spot implementation,
monitoring and coordination of the comprehensive
humanitarian aid plan for Cuba, approved by the
Commission in July .

WRITTEN QUESTION E-2 129 / 94

by Glyn Ford ( PSE )

to the Commission

( 13 October 1994 )

( 95 / C 30 / 134

Subject : Disability rights

What are the Commission 's plans to harmonize legislation
promoting employment rights for disabled people ?

Answer given by Mr Flynn
on behalf of the Commission

(4 November 1994 )

Council recommendation 86 / 379 / EEC of 24 July 1986 on
the employment of disabled people in the Community (*)
included recommendations for legislative and other action
which will provide for the elimination of negative
discrimination as well as positive action for disabled
people .

The White Paper : European Social Policy — A way forward
for the Union ( 2 ) identifies the need to build into
Community policies the fundamental right of disabled
people to equal opportunities . This includes policies
promoting employment rights .

It is also planned to produce a series of guides to good
practice within the context of the Helios II Community
Action Programme to assist disabled people ( 1993-1996 ).

However, the enactment of legislation in this area is a matter
for the Member States . The Commission has no plans to
harmonize the relevant national legislation .

(!) OJ No L 225, 12 . 8 . 1986 .

( 2 ) COM(94 ) 333 .

WRITTEN QUESTION E-2144 / 94
by Sérgio Ribeiro ( GUE ), Joaquim Miranda ( GUE ) and

Honório Novo ( GUE )

to the Commission

( 12 October 1994 )

( 95 / C 30 / 135

Subject : Attempt to discipline a police association leader in

Portugal

Jose Carreira, President of the Portuguese police association

ASPP ( Associa^ao Socio-Profissional de Policia ), the only
body representing the interests of career police-officers, is
on the point of being expelled from the force to which he
belongs, since he has been accused of, and is currently facing
disciplinary proceedings for, making public statements at
odds with the re-organization of the security forces being
undertaken by the Portuguese Government .

The Supreme Council for Justice and Discipline, chaired by
the police Commander-in-Chief, an army general, has
decided by a majority to recommend that the Minister for
Internal Administration impose the penalty of compulsory
retirement .

Along with his fellow officers who are likewise the subject of
disciplinary proceedings already under way, Jose Carreira
spoke out in his capacity as leader of an association, and his
public utterances are therefore admissible under Law 6 / 90
issued by the Assembly of the Republic, which regulates the
police 's right to form professional associations, bearing in
mind that officers were previously debarred from joining a
trade union .

The case has been attracting the attention of and prompting
criticism from various walks of Portuguese society and
officials such as the Ombudsman and has been unanimously
condemned by different policy trade unions throughout the
Community .

1 . Does the Commission know of other cases in which

leaders of professional associations or trade unions
representing the security forces have been victimized
under similar circumstances, or is there any Community
law that countenances or permits a way of proceeding
such as the one described above ?

2 . Given that the right of association has been violated in
this instance, will the Commission take any action
against the Portuguese Government ?

6 . 2 . 95 Official Journal of the European Communities No C 30 / 61

Answer given by Mr Flynn
on behalf of the Commission

( 11 November 1994 )

The Treaties do not give the Community any general
authority to ensure that basic rights are respected . Its
powers in this areas are restricted to the application of
Community legislation which is, in any case, based on the
principle of respect for such rights .

Fundamental human rights in the Member States are
ensured internally through domestic channels of appeal and
externally through the procedure introduced under the
Council of Europe Convention for the Protection of Human
Rights and Fundamental Freedom .

The Community Charter of Basic Social Rights for Workers
covers the freedom of association, collective bargaining and
the right to collective action ( Articles 11-13 ). However,
under Article 14, the internal legal order of the Member
States shall determine under which conditions and to what

extent the rights proved for in Articles 1 1 to 13 apply to the
armed forces, the police and the civil service .

Rights may therefore be restricted in the police force and
their nature and scope in such cases must clearly be
determined by the Member States .

Because there are no Community Regulations in this area,
the Commission cannot intervene to solve conflicts

associated with domestic trade union rights .

the family and social environment in which they have spent
their lives, instead of vegetating in soulless institutions .

Could the Commission devise a home care plan providing
economic incentives for families who have elderly relatives
living under their roof ?

Answer given by Mr Flynn
on behalf of the Commission

(8 November 1994 )

The Commission supports the view that older people should
be enabled to maintain their independence for as long as
possible . Their views on the manner in which their housing
and care needs are met are fundamental to the debate on the

standard of living of senior citizens . A majority of older
people prefer to remain in their own homes . Sensitive,
flexible care policies are required and increased support for
this growing sector . The important role of family members is
certainly crucial .

A range of studies on the provision of care for older people
has been carried out inter alia by the European Foundation
for the improvement of living and working conditions .
Whilst the financing of care services is clearly a matter for
national and local authorities, the Commission is currently
developing further action in this field and will take into
consideration the suggestion of economic incentives for
family carers .

WRITTEN QUESTION E-2165 / 94

by Alexandres Alavanos ( GUE )

to the Commission

WRITTEN QUESTION E-2161 / 94
( 10 October 1994 )

by Amedeo Amadeo ( NI )

( 95 / C 30 / 137 )
to the Commission

( 18 October 1994 )

( 95 / C 30 / 136 ) Subject : Infringement of human rights in Tibet through

China 's continuing occupation

Subject : Assistance to the families of the elderly

The sharp rise in average life expectancy in the Community
has led to a corresponding increase in the numbers of the
elderly .

Given that a high proportion of elderly people are not
entirely able to look after themselves, and many are quite
unable to do so, it is only right, from the human and social
point of view, that they should be continue to be cared for in

The European Parliament has repeatedly condemned
infringements of human rights due to China 's military
occupation of Tibet . It has called on China to respect the
international conventions on human and political rights .

China continues to deny the right to self-determination, to
encourage policies aimed at demographic change, to attack
Tibetan culture and to carry out torture and arrests .

1 . What steps has the Commission taken to pressure China

into complying with international rules ?

No C 30 / 62 Official Journal of the European Communities 6 . 2 . 95

2 . Has aid for China been made dependent on respect for

human rights in Tibet, as requested by Parliament ?

3 . What further economic and political measures will it

Answer given by Mr Marin
on behalf of the Commission

( 16 November 1994 )

take to ensure respect for human and political rights in
Tibet ? The Commission is sending direct to the Honourable
Member and to Parliament 's Secretariat a table

containing the information requested .

Answer given by Mr Van den Broek

on behalf of the Commission

( 31 October 1994 )
WRITTEN QUESTION E-2241 / 94

by Hugh Kerr ( PSE )

to the Commission

Like the Member States, the Commission follows very
closely the human rights situation in Tibet . The matter is
raised regularly both in bilateral relations with China and in
the framework of the UN Commission on Human

Rights .

( 18 October 1994 )

( 95 / C 30 / 139 )

Subject : ESF funding

The Commission also considers that it would be appropriate A great deal of concern has been raised about the manner in
to go on raising the Tibet issue in the political dialogue which the ESF funding has been allocated and spent in the
conducted on the basis of the exchange of letters between Member States and in some cases ' not spent ' due to the
China and the Community . funding not arriving in a reasonable time frame . Can the

Commission give assurances that ESF funding will be
allocated and spent in the Essex West and Hertfordshire
It should be pointed out that the Commission is financing a East region in a more efficient manner in the future ?
number of operations in Tibet that are of a humanitraian or
environmental nature or linked with rural development, and
that all the projects concerned are of benefit to the Tibetan
people . Answer given by Mr Flynn
on behalf of the Commission

( 15 November 1994 )

WRITTEN QUESTION E-2192 / 94

by Mar en Giinther ( PPE )

to the Commission

( 21 October 1994 )

( 95 / C 30 / 138 )

Subject : Disaster relief operations in Rwanda

ECHO funds were used for disaster relief operations in
Rwanda .

With which NGOs did the Community cooperate in those
operations ?

During the period 1994-1 999, Essex West and
Hertfordshire East will be eligible for financial support from
the European Social Fund . With regard to Objective 3, the
Single Programming Document ( SPD ) which sets out the
Community aid to be provided was adopted on 5 August of
this year . The SPD will be implemented in partnership with
the British authorities and in full accordance with the rules
on structural aid from the Community and the financial
Regulations governing the general budget of the European
Communities .

When the original Objective 3 plan was submitted by the
British authorities in November 1993, it was incomplete .
Considerable additional information was sought from them
and negotiations were opened in April this year . The
Commission, in partnership with the British authorities,
sought throughout the process to accelerate what are
inevitably, as for all Member States, complete
negotiations .

A new departure in this phase is a level of involvement for
the regions which will allow consultation on the way

6 . 2 . 95 Official Journal of the European Communities No C 30 / 63

Objective 3 resources are spent in their areas . This will assist
in ensuring that the expenditure in Essex West and
Hertfordshire East will be the most effective possible .

WRITTEN QUESTION E-2249 / 94

by David Bowe ( PSE )

to the Commission

( 25 October 1994 )

( 95 / C 30 / 140 )

Subject : Risks to human health posed by dioxins

What action does the Commission propose to take
following the publication of a report by the US
Environmental Protection Agency outlining the risks to
human health posed by dioxins ?

Answer given by Mr Flynn
on behalf of the Commission

WRITTEN QUESTION E-2343 / 94

by José Barros Moura ( PSE )

to the Commission

( IS November 1994 )

( 95 / C 30 / 141 )

Subject : Neo-Nazi attacks on Portuguese nationals in

Germany

Is the Commission aware that 33 Portuguese workers were
attacked by gangs of young neo-Nazi thugs in Wurzen, near
Leipzig, Germany, on Sunday, 16 October 1994 ?

How does it view the behaviour of the police, who refused to
go to the aid of the European citizens being attacked ?

What steps will it take to uphold European citizenship ?

Answer given by Mr Delors
on behalf of the Commission

( 23 November 1994 ) ( 29 November 1994 )

As he Commission has not yet received a copy of the report
referred to, no comment can be made at this time . The Commission has no jurisdiction to deal with the
question asked, which is a matter solely for the national
authorities concerned .