Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

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ISSN 0378-6986

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# Officiai Journal

Volume 38
### of the European Communities 23 October 1995

Volume 38

###### English edition Information and Notices

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

95 / C 277 / 01 E-531 / 95 by Alex Smith to the Commission
Subject : EU citizenship — related issues 1

95 / C 277 / 02 E-611 / 95 by Salvador Garriga Polledo to the Commission
Subject : Single currency 2

95 / C 277 / 03 E-1040 / 95 by Jesus Cabezón Alonso and Ana Miranda de Lage to the Commission
Subject : Coordination hetween régional banks 2

95 / C 277 / 04 E-1076 / 95 by Sérgio Ribeiro to the Commission
Subject : Re-location of undertakings ( Renault-Setubal ) and information from the authorities of a
Member State ( Portugal ) 3

95 / C 277 / 05 E-1082 / 95 by Alman Metten to the Commission
Subject : Serious distortion of competition with regard to government contracts in the
Community 3

95 / C 277 / 06 E-l 130 / 95 by José Valverde Lopez to the Commission
Subject : Legal obstacles to the use of the ECU 5

95 / C 277 / 07 E-l 159 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Draft Regulation on motor vehicle distribution 5

95 / C 277 / 08 E-l 160 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Violations of Community law 6

95 / C 277 / 09 E-l 163 / 95 by Helwin Peter to the Commission
Subject : Problems for buses at frontiers ( Supplementary answer ) 6

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###### EN

E-1200 / 95 by Gerardo Fernândez-Albor to the Commission
Subject : A legal framework for the setting up of courses of study in a Union Member State which are
controlled from another Member State

E - 1211 / 95 by Sebastiano Musumeci to the Commission
Subject : The cost of agricultural diesel fuel

E - 1 25 1 / 95 by Pierre Bernard-Reymond to the Commission
Subject : Vat rates — works of art

E - 1 324 / 95 by Cristiana Muscardini to the Commission
Subject : Updating of lists of medical specializations

E - 1 346 / 95 by Wolfgang Kreissl-Dôrfler to the Commission
Subject : State aids for the re-location of the Munich Trade Fair

E-1395 / 95 by Carlos Robles Piquer to the Commission
Subject : Recognition of higher education qualifications

E-140 5 / 95 by Anita Pollack to the Commission
Subject : Racism

E-1454 / 95 by Josu Imaz San Miguel to the Commission
Subject : Unrestricted imports of gas

E - 1 466 / 95 by James Moorhouse to the Commission
Subject : Qualifications of gas engineers, installers and maintainers

E - 1 506 / 95 by Norbert Glante to the Commission
Subject : Promotion of cooperation between local authorities in Europe

E-1521 / 95 by Nuala Ahern to the Commission
Subject : Long-term global costs of nuclear power production

E-1537 / 95 by Veronica Hardstaff to the Commission

Subject : Structural Funds

E - 1 572 / 95 by Anita Pollack to the Commission
Subject : Black and migrant women in the European Union

E-1575 / 95 by Nel van Dijk to the Commission
Subject : Transposition of the Directive on maternity leave etc . into the legislation of the Member
States

E-1577 / 95 by Nel van Dijk to the Commission
Subject : VAT on flowers and plants in Spain and France

E-1578 / 95 by Nel van Dijk to the Commission
Subject : VAT on flowers and plants in the Netherlands

Joint answer to Written Questions E-l 577 / 95 and E-l 578 / 95

E-1582 / 95 by Carlos Robles Piquer to the Commission
Subject : The poor in the European Union

E-1588 / 95 by Gerardo Fernândez-Albor to the Commission
Subject : Accurate drafting of instruction booklets in the various Community languages

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95 / C 277 / 28 E-1601 / 95 by John Cushnahan to the Commission
Subject : Restoration of historic buildings 16

95 / C 277 / 29 E-1619 / 95 by Gérard Deprez to the Commission
Subject : Double charge for private parcels from Alaska 16

95 / C 277 / 30 E-1646 / 95 by Amedeo Amadeo to the Commission
Subject : Fishing vessels in the Community 16

95 / C 277 / 31 E-1649 / 95 by Amedeo Amadeo to the Commission
Subject : System for liberalizing the distribution of motor vehicles 17

95 / C 277 / 32 E-1650 / 95 by Amedeo Amadeo to the Commission
Subject : Liberalization of the system for distributing motor vehicles 17

95 / C 277 / 33 P-l 779 / 95 by Amedeo Amadeo to the Commission
Subject : Selective distribution of motor vehicles 18

Joint answer to Written Questions E-1649 / 95, E-1650 / 95 and P-1779 / 95 18

95 / C 277 / 34 E-1666 / 95 by Mark Killilea to the Commission
Subject : Review of the Leader programme in Ireland 18

95 / C 277 / 35 E-l 669 / 95 by Peter Crampton to the Commission
Subject : North Sea fisheries 19

95 / C 277 / 36 E-170 5 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Structural assistance and the principle of co-financing 19

95 / C 277 / 37 E-1714 / 95 by Riccardo Nencini to the Commission
Subject : Compétition 20

95 / C 277 / 38 E - 1 71 5 / 95 by Jessica Larive to the Commission
Subject : Requirement of establishment for dentists in Italy 20

95 / C 277 / 39 E-1719 / 95 by Mark Killilea to the Commission
Subject : Support and guidance for voluntary agencies to avail of ESF funds 21

95 / C 277 / 40 E-1732 / 95 by Wilmya Zimmermann to the Commission
Subject : Implementation of the internal market with regard to special excise duties for private cars
imported into the Netherlands 22

95 / C 277 / 41 E-1737 / 95 by Alexandros Alavanos to the Commission
Subject : Measures to protect public health from resistant strains of bacteria 22

95 / C 277 / 42 P-l 739 / 95 by Heidi Hautala to the Commission
Subject : Impact of EMU on the environment 23

95 / C 277 / 43 E-1756 / 95 by Pat Gallagher to the Commission
Subject : Tariff by Philippine Authorities on milk powder imports from the EU 24

95 / C 277 / 44 E-l 758 / 95 by Robin Teverson to the Commission
Subject : ERDF and the future of Objective 2 24

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( Continued overleaf )

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95 / C 277 / 45 E-l 759 / 95 by Robin Teverson to the Commission
Subject : Greyhounds 25

95 / C 277 / 46 E-1761 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Leader II 25

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E-1768 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Failure to notify State aid 26

E-1788 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Women's participation in conferences 26

E-l 799 / 95 by Peter Crampton to the Commission
Subject : Additionality and the implementation of ' Business Links ' in the United Kingdom .... 27

E-l 806 / 95 by Anne André-Léonard to the Commission
Subject : Renewal of the derogations to Article 85 of the Treaty of Rome granted to UIP by the
Commission in 1989 27

E-l 809 / 95 by José Apolinário to the Commission
Subject : ESF Objective 4 allocation for the fisheries sector 28

95 / C 277 / 52 E-1 822 / 95 by Josu Imaz San Miguel to the Commission
Subject : Replacement drift nets 28

95 / C 277 / 53 E -l 838 / 95 by David Hallam to the Commission

Subject : Soya milk 29

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E-l 848 / 95 by Sérgio Ribeiro to the Commission
Subject : Delay in payments for vocational training courses financed by the European Social
Fund 30

E-l 852 / 95 by Anita Pollack to the Commission
Subject : Environment and clean technology 31

E-l 856 / 95 by José Happart to the Commission
Subject : Impact of monetary fluctuations on the income of farmers 31

E-l 865 / 95 by Wayne David to the Commission
Subject : Deletion of names on blacklists 32

95 C 277 / 58 E - 1 876 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Shortage of raw materials caused by the drought 32

95 C 277 / 59 E-1 877 / 95 by Jesús Cabezón Alonso, Juan Colino Salamanca and Josep Pons Grau
to the Commission

Subject : Guaranteed freedom of movement of goods 32

95 / C 277 / 60 P - 1 8 82 / 95 by Peter Crampton to the Commission

Subject : Insolvency laws 33

95 / C 277 / 61 E-l 891 / 95 by Gerardo Fernández-Albor to the Commission
Subject : Community financial compensation for the fisheries sector in Vigo 33

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###### EN

E-l 895 / 95 by Joaquin Siso Cruellas to the Commission
Subject : Union's self-sufficiency in blood and plasma products

E-l 897 / 95 by Joaquin Siso Cruellas to the Commission
Subject : Tax advantages offered by certain Spanish regions

E - 1 904 / 95 by Bill Miller to the Commission
Subject : Intergovernmental Conférence

E-l 9 1 5 / 95 by José Barros Moura to the Commission
Subject : Water resources in the Iberian Peninsula

P-2020 / 95 by Sérgio Ribeiro to the Commission
Subject : Draft study of the quantity and quality of water in the hydrographie basins of the rivers of
the Iberian Peninsula

Joint answer to Written Questions E-1915 / 95 and P-2020 / 95

E - 1 923 / 95 by Horst Schnellhardt to the Commission
Subject : Import of cement at dumping prices from countries of central and eastern Europe

E - 1 928 / 95 by Alex Smith to the Commission
Subject : United Kingdom Potato Marketing Board

P - 1 933 / 95 by Riccardo Garosci to the Commission
Subject : EIB aid for the November 1994 natural disasters in Italy

E-1937 / 95 by Ian White to the Commission

Subject : British barley reserves

P - 1 944 / 95 by Alexandras Alavanos to the Commission
Subject : Risk of damage to the region of Meteora

E - 1 95 1 / 95 by Wolfgang Kreissl-Dôrfler to the Commission
Subject : WTO Committee on Trade and the Environment

P-l 957 / 95 by Glenys Kinnock to the Commission
Subject : Prescription charges in the UK

E - 1 966 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Facilities in EU buildings

P - 1 967 / 95 by Elisabeth Schroedter to the Commission
Subject : Assessment of operational programmes under Leader II by the five new Federal
Lander

E-1970 / 95 by Tony Cunningham to the Commission
Subject : Tax paid on crossing the German / Austrian border

P - 1 977 / 95 by Peter Skinner to the Commission
Subject : Merger between Glaxo and Wellcome in the United Kingdom

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###### EN

E-1984 / 95 by Nel van Dijk to the Commission
Subject : Distortion of competition as a result of aid provided by The Hague City Council . . .

E-1990 / 95 by Ralf Walter to the Commission
Subject : Social policy programmes

E - 1 996 / 95 by Jacques Donnay to the Commission
Subject : Effects of agri-monetary disturbance on competition among European ports

P-2000 / 95 by Glyn Ford to the Commission
Subject : Excise duty on alcohol

E-2014 / 95 by Phillip Whitehead to the Commission
Subject : Light pollution

E-202 5 / 95 by Klaus Rehder to the Commission
Subject : Removal of obstacles to trade in GATT

E-2034 / 95 by Spalato Belleré to the Commission
Subject : Defending the rights of citizens with regard to pre-trial detention procedures

P-2036 / 95 by José Apolinârio to the Commission
Subject : Indexation of CSF II ( Portugal )

E-2062 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Latin America centre for relations with Europa

E-2074 / 95 by Thomas Megahy to the Commission

Subject : European senior's pass

P-2081 / 95 by Eva Kjer Hansen to the Commission
Subject : Employees ' use of company cars owned and registered by firms located in Member States
other than employees ' Member States of residence

E-2102 / 95 by Amedeo Amadeo to the Commission
Subject : Législation on safety at work

E-2120 / 95 by Alexandros Alavanos to the Commission
Subject : Conservation of antiquities and works of art

E-2 147 / 95 by Philipp Whitehead to the Commission
Subject : European Social Fund

E-2153 / 95 by Pierre Bernard-Reymond to the Commission
Subject : Implementation of the Directive of 30 November 1989 on safety at the workplace . .

E-2310 / 95 by David Hallam to the Commission
Subject : Ban on the use of electric shock batons and leg irons

E-2311 / 95 by Ian White to the Commission
Subject : Supply by European companies of instruments of torture

Joint answer to Written Questions E-2310 / 95 and E-2311 / 95

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23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 1

I

( Information )

EUROPEAN PARLTAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-531 / 95

by Alex Smith ( PSE )

to the Commission

(1 March 1995 )

( 95 / C 277 / 01 )

Subject : EU citizenship — related issues

What provision has the Commission made for mutual
recognition of driving licences ? Is the Commission aware
that EU citizens incur higher insurance tariffs or in some
cases cannot be insured when driving in one Member State,
while holding a licence from another Member State ?

Why do British citizens residing for more than three months
in France need to have a ' carte de séjour '? Does the
Commission believe that this is in keeping with the concept
of European citizenship ?

What provision has the Commission made for Community
citizens temporarily residing in a Member State which is not
their own to have access to full medical services, and not just
emergency services ? Does the Commission believe that this
type of discrimination in access to medical services is
consistent with the concept of European citizenship ?

Answer given by Mr Monti
on behalf of the Commission

( 21 June 1995 )

1 . Provisions for the use of driving licences within the
Community are laid down by Directive 80 / 1263 / EEC ( ] ). In
particular, Article 8 of this Directive stipulates that

' The Member States shall provide that, if the holder of a
valid national driving licence or valid Community model
licence issued by a Member State takes up normal
residence in another Member State, his licence shall
remain valid there for up to a maximum of a year
following the taking-up of residence . At the request of
the holder within that period, and against surrender of
his licence, the State in which he has taken up normal
residence shall issue him with a driving licence

( Community model ) for the corresponding category or
categories without subjecting him to the conditions laid
down in Article 6 ',

essentially the passing of new practical and theoretical

tests .

' Normal residence ' means ' the place where a person usually
lives, that is for at least 185 days in each calendar year,
because of personal or occupational ties or, in the case of a
person with no occupational ties, because of personal ties
which show close links between that person and the place
where he is living . However, the normal residence of a
person whose occupational ties are in a different place from
his personal ties and who consequently lives in turn in
different places situated in two or more Member States shall
be regarded as being the place of his personal ties, provided
that such person returns there regularly . This last condition
need not be met where the person is living in a Member State
in order to carry out a task of a definite duration .
Attendance at a university or school shall not imply transfer
of normal residence '. ( Article 9 of Directive
91 / 439 / EEC ) ( 2 ).

The new Directive on driving licences ( 91 / 439 / EEC ), which
will enter into force on 1 July 1996, provides for mutual
recognition of driving licences without compulsory
exchange .

2 . Under Article 8a ( 1 ) of the EC Treaty, the right of every
citizen of the Union to move and reside freely within the

No C 277 / 2 EN Official Journal of the European Communities 23 . 10 . 95

territory of the Member States is ' subject to the limitations
and conditions laid down in this Treaty and by the measures
adopted to give it effect '. This means that the new Article 8a
has not rendered obsolete the instruments of secondary
legislation relating to the free movement of persons . One
consequence of these instruments is that a national of a
Member State who intends to reside for more than three

months on the territory of another Member State is required
to apply for a residence permit from the authorities of that
Member State .

3 . Regulation ( EEC ) No 1408 / 71 on the application of
social security schemes to employed persons and their
families moving within the Community ( 3 ), which is based
on Article 51 of the EC Treaty, provides for coordination
and not harmonization of the schemes in question .

Article 22 of that Regulation makes the possibility of
receiving health care in another Member State subject to
certain conditions . These include prior authorization by the
competent institution ( by means of form El 12 ). That
institution has very broad discretion in the matter, and is
required to grant authorization only where the carte needed
by the person concerned, although provided for by the
legislation of his Member State of residence, cannot be
provided there within a normal period of time in view of the
person's state of health and the likely course of his
sickness .

and the other consisting of those countries which could not
or did not want to join the third stage of EMU ?

Answer given by Mr de Silguy

on behalf of the Commission

( 17 May 199 S )

Starting the third stage of economic and monetary union

( EMU ) with some Member States non-participating would
mean that the current situation of a single market with
different currencies would remain . The Commission takes

the view that a temporary non-participation of one or
several Member States in full monetary union would not
create trade distortions .

However, while EMU will create substantial economic
benefits for participating Member States, those still outside
will not benefit or benefit only indirectly via spill-over
effects . The Commission insists than any such Member State
should make every effort to join as soon as possible .

person's state of health and the likely course of his The gains from the suppression of exchange rate variability
sickness . in terms of increased trade and capital movements are

difficult to measure because firms can in many cases insure
against this risk . However, business surveys provide strong

In the Commission's opinion, these provisions are restrictive evidence that despite this possibility, which is in itself costly,
but not inconsistent with the basic rules of the Treaty . foreign exchange risk is still considered a major obstacle to

trade . The suppression of exchange rate variability will be

The Commission plans to suggest to the Member States that more important for small firms and Member States with
the conditions for granting from El 12 be eased and, at the less-developed financial markets that do not have access to
same time, to encourage the conclusion of bilateral sophisticated hedging techniques . In addition, a reduction in
agreements between certain Member States or overall uncertainty ( associated with the existence of
social-security institutions . national currencies and independent monetary policies )

could lower the risk premium firms have to pay on equity
and increase investment .

(') OJ No L 375, 31 . 12 . 1980 .

In the Commission's opinion, these provisions are restrictive
but not inconsistent with the basic rules of the Treaty .

The Commission plans to suggest to the Member States that
the conditions for granting from El 12 be eased and, at the
same time, to encourage the conclusion of bilateral
agreements between certain Member States or
social-security institutions .

( 2 ) OJ No L 237, 24 . 8 . 1991 .

( 5 ) OI No L 149, 5 . 7 . 1971 .

WRITTEN QUESTION E                        - 1 040 / 95

by Jesús Cabezón Alonso ( PSE )
WRITTEN QUESTION E-611 / 95 and Ana Miranda de Lage ( PSE )

by Salvador Garriga Polledo ( PPE ) to the Commission

to the Commission

(9 March 1995 )

( 95 / C 277 / 02 )

(7 April 1995 )

( 95 / C 277 / 03 )

Subject : Coordination between régional banks
Subject : Single currency

Has the Commission adopted a position on the trade
distortions which could be caused by a single market with
different monetary areas, one with the ECU as its currency

Does the Commission think that exchanges and contacts
between regional banks should be encouraged in order to
allow them to benefit from their experience on a reciprocal
basis, with particular reference to the European Investment

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 3

Bank and other banking institutions such as World Bank,
the Interamerican Development Bank, the International
Bank for Reconstruction and Development, etc .

Answer given by Mr de Silguy

on behalf of the Commission

(2 June 1995 )

Cooperation with international financial institutions is a
matter primarily for the European Investment Bank ( EIB ),
acting on the basis of the tasks assigned to it and in
accordance with its Statute .

The information in the Commission's possession indicates
that a wide range of contacts has been established between
the EIB and those institutions, not only in general matters
but also in connection with specific operations . This is
because projects jointly financed by the EIB outside the
Community often receive parallel financing from the World
Bank, the International Bank for Reconstruction and
Development, the Interamerican Development Bank, the
European Bank for Reconstruction and Development, and
other international financial institutions .

The exchange of information and experience achieved
through such contacts should enhance operational
effectiveness, a goal which fully reflects the Commission's
wishes .

WRITTEN QUESTION E-1 076 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

(7 April 1995 )

( 95 / C 277 / 04

Subjec t : Re-location of undertakings ( Renault-Setubal ) and

information from the authorities of a Member

State ( Portugal )

Replying to various Members, including myself, in the
debate on the re-location of undertakings in the plenary of

17 February 1 995, Commissioner Oreja Aguirre, referring
to the case of Renault in Portugal / Setubal, said that
according to the provisional final report, that the
information received was gleaned from the media ; the
Commissioner finished by announcing that there had been
' very recent news ' concerning the aid arrangements, namely
that the Commission, via DG IV, had raised the issue with
the Government on 16 February, and he added that the
Commission would adopt ' the appropriate measures ' when
it had received a reply from the Portuguese authorities .

Have the Portuguese authorities already replied, and if so, to
what effect ? Have ' the appropriate measures ' already been
taken, and what were they ?

Answer given by Mr Van Miert

on behalf of the Commission

( 12 June 1995 )

The Portuguese authorities have replied to the
Commission's request for information concerning State aid
measures adopted by the Portuguese Government for
Renault's Setubal plant since 1 January 1989, the date on
which the State aid rules in the car industry came into
force .

According to the reply received, the aid approved for the
plant since that date amounts to ESC 6 309 100 000,
broken down as follows :

— tax concessions, between 1989 and 1992, amounting to

ESC 5 461 400 000 ;

— interest subsidies, between 1989 and 1993, amounting

to ESC 601 500 000 ;

— vocational training aid, since 1990, amounting to ESC

246 200 000 .

With regard to the aid scheme under which the tax
concessions and interest subsidies were granted, the
Portuguese authorities have indicated that the aid was based
on an investment contract signed on 13 December 1983 in
accordance with the legislation in force ( Decree Law
No 74 / 74 of 28 February ) prior to Portugal's accession to
the Community . Since that aid was granted under an aid
scheme predating its accession, Portugal is not required by
Article 92 et seq . of the EC Treaty to notify the Commission
of it .

The Portuguese authorities have also indicated that the
financial assistance for vocational training measures carried
out by Renault-Portugal since 1 990 has been granted within
the framework of the European Social Fund's activities
through the applications submitted to the European
Institute for Vocational Training in recent years . This aid
has been granted in accordance with the rules laid down by
the Commission in this sphere .

WRITTEN QUESTION E-1082 / 95

by Alman Metten ( PSE )

to the Commission

( 12 April 1995 )

( 95 / C 277 / 05 )

Subject : Serious distortion of competition with regard to

government contracts in the Community

1 . Is it true that the Netherlands is virtually the only EU
Member State which has promptly and correctly
implemented the Directives in force concerning government
contracts ?

2 . Does this mean that Dutch industry is fully exposed to
competition on its own market from enterprises in the rest of

No C 277 / 4 EN Official Journal of the European Communities 23 . 10 . 95

the EU, and yet is not allowed to compete on equal terms for
contracts in those enterprises ' home markets ?

3 . Does the Commission agree that it is absurd that a
country which, unlike most others, abides by the law in this
field should be penalized by serious distortion of
competition to the detriment of its industry ?

4 . What effective measures will the Commission take in

the near future in order to eliminate this distortion of

competition caused by violation of the law ?

Answer given by Mr Monti
on behalf of the Commission

( 17 June 1995 )

It is not correct that the Netherlands is the only Member
State that has promptly and correctly implemented the
Directives on public procurement .

Member States are obliged to implement Directives before a
certain date and to communicate to the Commission the
texts which they adopt . In cases of non-communication and
late implementation of national measures the Commission
opens infringement proceedings on the basis of Article 169
EC Treaty .

On the other hand, communication to the Commission of
the national legislation within the period prescribed by the
Directives does not necessarily imply correct
implementation . The texts communicated by the Member
States are examined by the Commission . When provisions
of Directives have not been correctly implemented, the
Commission also opens infringement proceedings .

The Directive currently in force relating to the award
procedures of public works ( Council Directive 93 / 37 / EEC
of 14 June 1993 concerning the coordination of procedures
for the award of public works contracts, replacing Directive
89 / 440 / EEC, applicable since 19 July 1990 ( for Spain,
Greece and Portugal applicable since 1 March 1992 )) (')
contracts in the so-called traditional sectors, has been
correctly implemented by most of the Member States . This
answer reflects the situation on 31 December 1994 . The
legislation on public procurement in the three new Member
States is currently under examination . Two Member States
have not yet communicated the relevant legislation, or have
not correctly implemented all provisions of the Directive,
and proceedings have been opened .

The former Directive on the award of public supply
contracts ( Council Directive 88 / 295 / EEC of 2 March 1988
on the coordination of the awards procedures of public
supply contracts, applicable since 1 January 1989 ( for
Spain, Portugal and Greece applicable since 1 March
1 992 )) ( 2 ) has been correctly implemented by eight Member
States . Against four Member States, infringement
proceedings have been opened . The most recent Directive on
the award of public supply contracts ( Council Directive
93 / 36 / EEC of 1 4 June 1993 coordinating procedures for the
award of public supply contracts, applicable since 14 June

1994 ), which modifies and replaces the previous Directive,

has, until now, been implemented by only four Member
States . Infringement proceedings have been opened against
all other Member States . Here distortions of competition
between the Member States could exist, but since the
Directive currently in force does not modify the previous
Directive substantially, the industry of one Member State
would be allowed to compete for public supply contracts in
most of the other Member States, under the Community
procurement provisions .

The implementation of the Directive on the award of public
service contracts ( Council Directive 92 / 50 / EEC of 18 June

1992 relating to the coordination of procedures for the
award of public service contracts, applicable since 1 July

1994 ) ( 3 ) in the traditional sectors causes more problems .
This Directive should have been implemented by 1 July

1993 . However, until now, only five Member States have
communicated their national legislation to the Commission .
The Commission has opened infringement proceedings
against the Member States which have not yet
communicated their legislation implementing this
Directive .

As regards the implementation of the Directive concerning
the remedies in the traditional sectors ( Council Directive
89 / 665 / EEC of 21 December 1989 on the coordination of

the laws, regulations and administrative provisions relating
to the application of review procedures to the award of
public supply and public works contracts, applicable since
21 December 1991 . Directive 93 / 36 / EEC of 14 June 1993
modified this Directive and incorporated the public service
contracts into Directive 89 / 665 / EEC . This modification is
applicable since 14 June 1994 ) ( 4 ) regarding the award of
public works, supply and service contracts, the situation is
fairly satisfactory . All Member States have communicated
their legislation to the Commission and, the examination of
this legislation by the Commission has in eight cases shown
correct implementation of this Directive . The legislation of
several Member States is still under examination .

In the field of the award of contracts in the utilities sectors

( water, energy, transport and telecommunications ) the
situation is different . Derogations exist for Greece, Spain
and Portugal . National legislation implementing the
original utilities Directive concerning the award of works
and supply contracts ( Council Directive 90 / 53 1 / EEC of

1 7 September 1 990 on the procurement of entities operating
in the water, energy, transport and telecommunications
sectors, applicable since 1 January 1993 ( for Spain since

1 January 1 996, for Portugal and Greece since 1 January
1998 )) ( 5 ) has been communicated to the Commission by
eleven Member States . Proceedings are under way against
the other Member States for non-communication . After

examination, two cases of incorrect implementation have
been discovered and infringement proceedings have been
opened .

C ) OJ No L 199, 9 . 8 . 1993 .
C -) OJ No L 127, 20 . 5 . 1988 .
C ) OJ No L 209, 24 . 7 . 1992 .

( 4 ) OJ No L 395, 30 . 12 . 1989,
C ) OT No L 297, 29 . 10 . 1990 .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 5

WRITTEN QUESTION E-1130 / 95

by José Valverde Lôpez ( PPE )

to the Commission

WRITTEN QUESTION E-l 159 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 20 April 1995 ) ( 20 April 1995 )

( 95 / C 277 / 06 ) 95 / C 277 / 07 )

Subject : Legal obstacles to the use of the ECU

On 2 3 December 1 992 ( 1 ) the Commission adopted a White
Paper listing, country by country, the legal obstacles to the
use c f the ECU and suggesting measures which could be
taker by the Member States to remove these obstacles . Can
the Commission report on the measures adopted by the
Member States and say what other initiatives it considers
should be taken ?

(!) Bull . EC 12-1992 .

Answer given by Mr de Silguy

on behalf of the Commission

( 12 June 1995 )

After its approval at the end of 1992, the white paper
' removing the legal obstacles to the use of the ECU ( ! ) was
examined by the Parliament ( 2 ) and by the Economic and
Social Committee (*). It was also discussed by the
Committee of Governors of Central Banks of the Member

States in November 1993 . The Commission approved on

19 April 1994 recommendation 94 / 284 / EC concerning the
legal treatment of the ECU and of contracts denominated in
ECU in view of the introduction of the single European
currency ( 4 ). The Commission recommends in particular
that the ECU should be given, by legislation, the legal status
of a foreign currency, that the ECU should not be
discriminated against by other currencies to which the same
legal status is granted, and that adequate legal protection
should be extended to the ECU .

During the second half of 1994 the Commission reviewed
the legal systems of the Member States ( an analysis of the
legal obstacles in the new three Member States remains to be
done i in order to ascertain what obstacles still exist . In

general, a certain progress in the right direction can be
registered, largely due to the progressive implementation of
the liberalization of capital movements, rather than to a
specific policy, but facilitating rules have been enacted in
Belgium and in France .

(') SLQ92 ) 2472 final .

( 2 ) Ol No C 315, 22 . 11 . 1993

(■') Ol No C 133, 16 . 5 . 1994 .

( 4 ) Ol No L 121, 12 . 5 . 1994 .

Subject : Draft Regulation on motor vehicle distribution .

The International Automobile Federation ( IAF ) and the
International Touring Alliance ( ITA ) have welcomed the
Commission draft Regulation on selective distribution of
motor vehicles . However, the IAF and ITA have several
comments on the Commission proposal :

1 . The IAF and ITA consider that the new Regulation
should prohibit direct sales from manufacturers to
certain major clients such as leasing companies or large
firms, as these direct sales entail a general increase in
vehicle prices for small consumers .

2 . Dealers should be allowed to sell several makes from one

showroom, to facilitate consumer choice .

3 . With regard to the application and validity of the
guarantee, the Regulation should be worded more
precisely to ensure that guarantees will be valid at
pan-European level .

What is the Commission's opinion on these comments ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 July 1995 )

The draft Regulation of 5 October 1994 on motor vehicle
distribution (') was the subject of detailed discussions
between the Commission and Parliament . The amendments

proposed by the Commission with a view to stimulating
intra - and inter-brand competition and to improving
consumer protection were approved by Parliament by its
resolution of 7 April 1995 .

Moreover, when the draft was published, many European
associations, including the International Automobile
Federation ( IAF ) and the International Touring Alliance

( ITA ), submitted observations .

In the light of those observations and of suggestions made by
Member States, the Commission amended its original draft
while retaining its broad outlines . The new draft was
adopted on 26 April 1995 .

The Commission would point out to the Honourable
Member that the proposed amendments enable dealers to
sell several vehicle makes under clearly specified conditions
and are intended to enable consumers in Europe to benefit

No C 277 / 6 EN Official Journal of the European Communities 23 . 10 . 95

from the single market by buying the vehicle of their choice
where they wish without foregoing the manufacturer's

guarantee .

Regarding the matter of direct sales raised by the
Honourable Member, the Commission did not consider it
appropriate to introduce specific provisions into the draft
and takes the view that this matter should be dealt with by
the parties to the agreement, who are able to exclude such
sales altogether or to limit them, either quantitatively or for
particular categories of customer . Moreover, they can
stipulate that the supplier must pay the dealer compensation
for any direct sales to customers in the dealer's contractual
territory . However, the Regulation will not permit the
supplier to destroy the dealer's business through direct
sales .

The Commission will soon adopt the new Regulation in its
definitive form, which will include certain technical
amendments to take account of points made in the
consultations with Member States held on 22 May 1995 .

In the Commission's opinion, which sectors most urgently
need this harmonization ?

Answer given by Mr Monti
on behalf of the Commission

( 16 June 1 995 )

On 3 May 1995 the Commission adopted a communication
to the Council and Parliament on the role of penalties in
implementing Community internal market legislation (').
The matters raised by the Honourable Member are among
those addressed in that communication .

C ) COM(95 ) 162 final .

WRITTEN QUESTION E-l 163 / 95

by Helwin Peter ( PSE )
(') OJ No C 379, 31 . 12 . 1994 . to the Commission

( 20 April 1995 )

( 95 / C 277 / 09 )

Subject : Problems for buses at frontiers

WRITTEN QUESTION E-l 160 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 20 April 1995 )

( 95 / C 277 / 08 )

Subject : Violations of Community law

On 10 March 1995 in Biarritz the ministers responsible for
the European single market discussed the issue of sanctions
for violations of Community law, on the basis of a
document drawn up by the French Presidency .

The Presidency considers that future Community provisions
should define, whenever necessary, the administrative
sanctions to be applied in the event of violation . The
Commission and the Member States should identify those
sectors requiring the most attention and, once this has been
done, the Member States could inform the Commission of
provisions concerning intended sanctions with regard to the
texts adopted . The Commission and the Member States
would examine on a case-by-case basis the possibility of
providing a guideline on the type of sanctions to be imposed
or on the effect they should have, or the actual definition of
sanctions .

In view of this, does the Commission consider that the
method proposed by the French Presidency to achieve
harmonization of sanctions to be applied in the event of
violation of Community law is adequate ?

1 . Is the Commission aware that the French authorities

have recently begun to insist on stamping the journey forms
of buses when they cross the frontier ?

2 . Is the Commission further aware that, while there is,
as a rule, no one at the frontier to stamp these documents,
dirvers are fined if their journey form is subsequently
checked and found not to have been stamped ?

3 . What action does the Commission intend to take to

make such obstructions of intra-Community travel
avoidable ?

Supplementary answer given by Mr Kinnock

on behalf of the Commission

(7 September 1995 )

Subsequent to the answer it gave on 6 June 1995, the
Commission has contacted the French authorities to make

enquiries . It has been informed that since the entry into force
of the Convention applying the Schengen Agreement the
French authorities require the waybill accompanying the
international carriage of passengers by coach or bus to be
stamped in red in the case of passenger transport operators
established in Member States not party to the Agreement or
when international passenger coach and bus services cross
the external frontiers of the Schengen area .

The Honourable Member's attention is drawn to the

Council Regulation ( EEC ) No 4060 / 89 of 21 December

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 7

1989 on the abolition of controls performed at the frontiers
of Member States in the field of road and inland waterway
transport ( '). His attention is also drawn to Council
Regulation ( EEC ) No 684 / 92 of 16 March 1992 on
common rules for the international carriage of passengers by
coach and bus ( 2 ), for which Commission Regulation ( EEC )
No 1839 / 92 of 1 July 1992 ( as amended by Commission
Regulation of 25 October 1993 ( ')) lays down detailed rules
of application as regards documents for the international
carriage of passengers . These concern the journey form

( waybill ) which must be carried on board the vehicle but
which no longer contains a space in which carriers must
have the document stamped when crossing frontiers .

The rules concerning the international carriage of
passengers are governed by Community law . The French
authorities therefore cannot refer to the provisions
concerning the application of the Schengen Agreement to
require operators who are nationals of Member States not
party to the Agreement to have the waybill stamped .

The Commission will be informing the French authorities of
the foregoing .

C ) O J No L 390, 30 . 12 . 1989 .
r -) OI No L 74, 20 . 3 . 1992 .
(') O J No L 187, 7 . 7 . 1992, as amended by OJ No L 266, 27 . 10 .

1993 .

Can the Commission provide information on the legal
framework under which courses of study controlled from
one Union Member State may be set up in another, and can
it explain on what grounds a university in whose locality
such a course was authorized could legitimately object ?

Answer given by Mr Monti
on behalf of the Commission

( 13 f une 1995 )

The Commission would inform the Honourable Member

that there is no Community legal framework specifically
governing the introduction of foreign courses of study into
Member States ' education systems . In accordance with
Article 126 of the EC Treaty, the Member States retain full
responsibility for the content of teaching and the
organization of education systems . Accordingly, the
situation which the Honourable Member describes falls in

the first instance within the scope of the domestic laws of
Spain and the United Kingdom ; those national laws must
not, of course, infringe the fundamental principles
enshrined in the Treaty, and in particular the freedom to
provide services laid down in Article 59 .

WRITTEN QUESTION E-l 200 / 95

WRITTEN QUESTION E-1211 / 95
by Gerardo Fernândez-Albor ( PPE )

by Sebastiano Musumeci ( NI )

to the Commission
to the Commission

( 28 April 1995 )

( 95 / C 277 / 10 )

Subject : A legal framework for the setting up of courses of

study in a Union Member State which are
controlled from another Member State

The School of Management in Vigo ( Galicia, Spain ) is to
offer a course leading to a degree in business studies which
will be validated by the University of Wales . The former
institution is thus using its freedom under the Community
legislation which allows courses of study controlled from
another Member State to be set up in Spain ; the
arrangements are regulated by a decree adopted in July

1994 by the Xunta de Galicia ( the Galician regional
government ).

With this agreement, the Xunta has set a legislative
precedent, as the first regional government in Spain to
authorize and legitimate a course of study controlled from
another Member State . This action has, however, given rise
to some controversy ; it would be desirable to resolve the
problem via a Community statement concerning the
relevant Community legal framework .

( 28 April 1995 )

(9 5 /C 277 / 11 )

Subject : The cost of agricultural diesel fuel

An increase in tax on consumption from 13 % to 30 % and
an increase in VAT from 9 % to 10 % have led to a rise in the

price of agricultural diesel fuel, which has placed a heavy
burden on farms, and competition from North African,
South American and other European producers is pushing
our fruit and vegetable producers out of the market .

In the other countries of the European Union farmers pay
less for fuel than in Italy and the price of agricultural diesel
fuel varies between Lit 820 per kilo in Palermo and Lit 920
in Cosenza, although the national average is Lit 720 — 750 .
The difference in price is caused by the distribution system
and by a rule forbidding farmers to buy fuel outside their
own province . In Southern Italy the price of agricultural
diesel fuel is so high because the distribution costs are more
than Lit 200 per kilo, compared with between Lit 60 and Lit

1 00 in the other regions of Italy .

No C 277 / 8 EN Official Journal of the European Communities 23 . 10 . 95

Can the Commission take steps to ensure that the cost of
agricultural diesel fuel is the same in all Community
countries ?

Answer given by Mr Monti
on behalf of the Commission

( 16 J une 1995 )

Under Community excise duty legislation, Member States
may apply total or partial exemptions or reductions'in the
rate of duty to mineral oils used under fiscal control,
exclusively in agricultural and in horticultural works, and in
forestry and inland fisheries . Whether an individual
Member State wishes to use this possibility is entirely its

own concern .

As regards VAT, the relevant Community legislation
stipulates that Member States may apply a reduced rate of
VAT, subject to a minimum of 5 %, to goods and services of
a type used in agricultural production . There is, however, no
obligation to apply a reduced rate and the level that a
Member State chooses to apply is entirely the responsibility
of the authorities of the Member State concerned .

WRITTEN QUESTION E-1251 / 95

by Pierre Bernard-Reymond ( PPE )

to the Commission

(5 May 1995 )

( 95 / C 277 / 12 )

Subject : Vat rates — works of art

If the rate of VAT on works of art goes up to 18,6 % in the
European Union, this is likely to encourage a drain of works
of art to third countries, where the rate is lower, and will
probably lead to the complete destruction of the French
market, where the current rate is 5,5% .

Is the Commission aware that this measure could have
disastrous consequences for the art market, which is at
present in a difficult economic situation ?

Answer given by Mr Monti
on behalf of the Commission

(3 July 1995 )

Under the recently introduced Community special VAT
scheme, applicable to transactions in second-hand goods,
works of art, collectors ' items and antiques, the standard
rate of VAT applies only to the seller's margin — the
difference between the buying and selling prices .

This scheme was agreed by all Member States following
extensive consultation with representatives of the different
trade sectors involved, including the European art markets .
A number of measures have been provided to avoid
distortions of trade between the European markets and
those of third countries . These include the retention, under
certain conditions, of reduced rates for sales and the
application of reduced rates to imports .

VAT is only one of many economic factors affecting the art
market and it is considered unlikely that any significant
diversion of trade to other countries will occur as a result of

the introduction of these changes in the VAT system .

WRITTEN QUESTION E-1324 / 95

by Cristiana Muscardini ( NI )

to the Commission

( 12 May 1995 )

( 95 / C 277 / 13 )

Subject : Updating of lists of medical specializations

1 . Is the Commission aware of the contents of the Italian

Government's Ministerial Decree of 30 October 1993

updating the lists of medical specializations which,
according to Italian Law No 217 / 78, may be practised
within the European Union ?

2 . Does the Commission think that this decree is
compatible with Directive 93 / 16 / EEC ('), in particular the
section omitting odontostomatology from the list of
specializations which comply with Community laws ?

3 . Does the Commission believe that the failure to

include the specialization of odontostomatology in the
Ministerial Decree of 30 October 1 993 falls within the scope
of Directives 78 / 686 / EEC ( 2 ) and 78 / 687 / EEC ( 3 )?

C ) OJ No L 165, 7 . 7 . 1993, p . 1 .
C -) OJ No L 233, 24 . 8 . 1978, p . 1 .

( 5 ) OJ No L 233, 24 . 8 . 1978, p . 10 .

Answer given by Mr Monti
on behalf of the Commission

( 26 June 1995 )

1 . Yes, the Commission is aware of the contents of the
Italian Ministerial Decree of 30 October 1993 ( decreto
ministeriale rettifica al decreto ministeriale 31 ottobre 1991

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 9

concernente l'elenco delle scuole di specializzazione in
medicina e chirurgia ) (').

2 . Yes, the Commission does take the view that the
deletion of the medical specialization of odontostomatology
by the decree is not a variance with Directive 93 / 16 / EEC
since there is no obligation under Community law to retain a
medical specialization provided for in Article 7 of that
Directive .

3 . No, deletion of the medical specialization of
odontostomatology is not required by Directives
78 / 686 / EEC and 78 / 687 / EEC . The legal situation of doctors
specializing in odontostomatology is governed solely by
Directive 93 / 16 / EEC . In this connection, Directive
93 / 16 / EEC concerns the specialization of
odontostomatology acquired by a doctor after his basic
training in general medicine, whereas Directives
78 / 686 / EEC and 78 / 687 / EEC are concerned with the

specific training of dentists, i.e . training conferring the
diploma of dental practitioner ( Article 1 of Directive
78 / 686 / EEC and Article 1 of Directive 78 / 687 / EEC ) and the
specializations of orthodontics and oral surgery ( Article 5 of
Directive 78 / 686 / EEC and Article 2 of Directive

78 / 687 / EEC ).

(') GURI, 26 . 1 1 . 1993, Serie generale no 278, pp . 27 —28 .

Answer given by Mr Van Miert

on behalf of the Commission

( 12 June 1 995 )

In response to a request for information dated 28 September

1 994, the Federal Government provided the Commission on
22 November 1994 with information on the funds made

available by the partners in the Munich Trade Fair
Company, i.e . the Land of Bavaria and the City of Munich
authorities, who receive any profits and must meet any
losses, with a view to financing the re-location of the
fair .

After examining the information, the Commission takes the
view that both partners act as private investors operating in
a market economy and that their capital contributions and
loans do not constitute State aid within the meaning of
Article 92(1 ) of the EC Treaty .

WRITTEN QUESTION E    - 1 395 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

( 12 May 1995 )

WRITTEN QUESTION E-l 346 / 95 ( 95 / C 277 / 15 )

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 12 May 1995 )

( 95 / C 277 / 14 )

Subject : State aids for the re-location of the Munich Trade

Fair

According to the Miinchener Messegesellschaft ( MMG —
Munich Trade Fair Company ) itself, the company is
receiving interest-free, non-redeemable and very
low-interest loans from the Bavarian Government and the
City of Munich for moving the trade fair from
Theresienhohe to Riem . The total cost of the move is

estimated to be DM 2,3 billion . Public loans of DM 620
million have already been promised ( DM 410 million from
the State of Bavaria and DM 210 million from the City of
Mur ich ).

Does the Commission consider that a public loan
commitment in this form and of this amount is a subsidy
which must be submitted for approval ?

Has the State Government of Bavaria notified this aid to the

EC Commission ?

Subject : Recognition of higher education qualifications

A complaint lodged by a German geologist resident in Spain
has been used by the Spanish Ombudsman to push for the
application of Royal Decree 1665 / 91 transposing into
Spanish law Directive 89 / 48 / EEC (') on the recognition of
qualifications obtained after a minimum of three years '
study . The Spanish Ombudsman's annual report to the
Spanish Parliament for 1994 ( Boletin de las Cortes
Generates No 50, 21 March 1995 ) indicates that 12 degrees
have now been officially approved, but others have not, and
the order for application has not been published due to
' procedural questions which require a block solution '. The
Ombudsman stresses that this problem urgently needs to be
resolved, particularly in view of the fact that the Directive
dates from 1991 and the problems cited are procedural in

nature .

Does the Commission have any comments on the situation
described in Spain, and can it moreover provide
comparative data on what is happening in the other
Member States of the European Union in this

connection ?

Was the aid approved ? ( If so, on what grounds ?) C ) O J No L 19, 24 . 1 . 1989, p . 16 .

No C 277 / 10 EN Official Journal of the European Communities 23 . 10 . 95

Answer given by Mr Monti
on behalf of the Commission

WRITTEN QUESTION E-1454 / 95

by Josu Imaz San Miguel ( PPE )
( 20 lune 1995 ) to the Commission

( 22 Mav 1995 )

Directive 89 / 48 / EEC was transposed in Spain by Royal ( 95 / C 277 / 17 )
Decree 1665 / 1991 . Any lack of implementing measures for
certain occupations cannot constitute an obstacle to the
recognition of foreign diplomas covered by the Directive . Subject : Unrestricted imports of gas
The Commission is always prepared to examine any specific
instances of an alleged breach of Community law which the Article 30 of the EEC Treaty
Honourable Member would care to submit .

Subject : Unrestricted imports of gas

With regard to the second part : of his question, the
Honourable Member should refer to the Commission's

Eleventh Annual Report to the European Parliament on
monitoring the application of Community law ('), and to
page 28 in particular .

(') O J No C 154, 6 . 6 . 1994 .

WRITTEN QUESTION E    - 1 405 / 95

by Anita Pollack ( PSE )

to the Commission

( 22 May 1995 )

( 95 / C 277 / 16 )

Subject : Racism

What discussions has the Commission held during the last

12 months with the European Migrants ' Forum and / or
other groups concerned about racism ?

Has the Commission considered the ' Black Manifesto for

'
Europe put forward by SCORE — the Standing Conference
on Racial Equality in Europe, and what are its views on the
five demands outlined therein ?

Answer given by Mr Flynn
on behalf of the Commission

(3 1 July 1995 )

The Commission services meet the Migrants Forum
regularly, taking part in all management board meetings and
in the general assembly .

The Commission also funds various non-governmental
organizations concerned with racism, using the budget line
B3-4114 voted by Parliament for the purpose .

The Commission is not aware of the contents of the

document to which the Honourable Member refers .

Article 30 of the EEC Treaty reads : ' Quantitative
restrictions on imports and all measures having equivalent
effect shall, without prejudice to the following provisions,
be prohibited between Member States '. The first paragraph
of Article 31 reads : ' Member States shall refrain from

introducing between themselves any new quantitative
restrictions or measures having equivalent effect '.

It may be deduced from the above that Member States are
obliged not to adopt or maintain actions or attitudes liable
to restrict the free movement of goods, and that both action
and failure to act may be considered as being in breach of
this obligation, since both may have the same ( unacceptable )
result .

Under Article 37 of the EEC Treaty, Member States are
obliged to adjust any state monopolies of a commercial
character, so as to ensure that no Member State has direct or
indirect control over imports or exports between Member
States . It follows that any notion of exclusive import rights
by which a Member State claims to be the sole party that
may import a product, whether directly by its own means or
indirectly via delegation to an intermediate body, thus
excluding all other economic agents related to the operation
concerned, is in breach of Article 37 .

The Spanish law on gas ( Law 10 / 87 of 15 June 1987 ) in
theory allows gas to be supplied by more than one operator .
However, in practice the requirement of prior governmental
activity via the adoption of rules and administrative
measures for the purpose is making it impossible for such a
plurality of operators to exist ; this is blocking the path to
introducing the necessary elements of competition into the
Spanish gas market .

What measures does the Commission intend to take, in its
capacity as guardian of the Treaties, to ensure that
Articles 30, 31 and 37 of the EEC Treaty are complied with
in the Spanish gas market, thus allowing operators access to
the Spanish market for purposes of importing natural gas
and eliminating monopoly practices in the sector ?

Answer given by Mr Monti
on behalf of the Commission

( 19 J uly 1995 )

The Commission is unaware of the practices referred to by
the Honourable Member as regards the application of
Spanish legislation on gas and which are described as being
liable to infringe the rules of Community law . Accordingly,

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 11

it would ask the Honourable Member to provide further
information so that it can conduct the necessary
investigations into the problems raised .

If the investigations were to point to the existence of such
infringements, the Commission would be obliged to
institute proceedings aimed at bringing the Spanish
legislation into line with Community law, and in particular
with the rules governing the free movement of goods

( Articles 30 et seq . of the EC Treaty ). Such proceedings have
already been instituted against five Member States in respect
of the continued application of exclusive import or export
rights in the electricity sector ( Spain, France, Ireland, Italy
and the Netherlands ) and in the natural-gas sector

( Frarce ).

The Commission would, however, draw the Honourable
Member's attention to its efforts to establish an internal

energy market in natural gas . To that end, it has already
adopted, as an initial step, provisions on the transparency of
prices ( Directive 90 / 377 / EEC ) ('), the transit of natural
gas ( Directive 91 / 296 / EEC ) ( 2 ) and the granting of
authorizations for the prospection, exploration and
production of hydrocarbons ( Directive 94 / 22 / EEC ) ( 3 ). A
second stage of liberalization is covered by a proposal for a
Directive on common rules for the internal market in

natural gas ( 4 ) which has had its first reading in Parliament
and is now before the Council .

(') Of No L 185, 17 . 7 . 1990 .

( 2 ) O J No L 147, 12 . 6 . 1991 .
(') OJ No L 164, 30 . 6 . 1994 .

( 4 ) COM(93 ) 643 final .

system for the recognition of professional education and
training to supplement Directive 89 / 48 / EEC ( 2 ) in this area
guarantee free movement and consumer protection without
harmonizing qualifications . Subject to certain conditions,
they require Member States to recognize qualifications
obtained by Community nationals elsewhere in the
Community, while leaving each Member State free to decide
on the conditions governing access to the regulated
professions and the exercise of those professions .

(') OJ No L 19, 24 . 1 . 1989 .
(-) OJ No L 209, 24 . 7 . 1992 .

WRITTEN QUESTION E-1506 / 95

by Norbert Glante ( PSE )

to the Commission

( 31 May 199 5 )

( 95 / C 277 / 19 )

Subject : Promotion of cooperation between local
authorities in Europe

Is the Commission in favour of promoting a network of
European local authorities, involving the new Member
States, to strengthen cooperation, disseminate expertise and
exchange experiences with a view to modernization of their
administrations ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 10 July 1995 )
WRITTEN QUESTION E - 1 466 / 95

by James Moorhouse ( PPE )

to the Commission

( 22 May 1995 )

( 95 / C 277 / 18 )

Subject : Qualifications of gas engineers, installers and

maintainers

What plans does the Commission have to harmonize the
qualifications required for gas engineers and those
installing, testing and maintaining gas-fired equipment ?

Answer given by Mr Monti
on behalf of the Commission

( 14 July 1995 )

Since 1989 the Commission has been encouraging the
development of cooperative networks between local
authorities so that they might work together and share both
experience and know-how on inter alia the modernization
of their administrations ( the Pacte, Ecos-Ouverture and
Recite programmes ).

This support will continue in the period 1995— 1999 and
will benefit from increased funding .

WRITTEN QUESTION E-1521 / 95

by Nuala Ahern ( V )

to the Commission

( 31 May 1995 )

( 95 / C 277 / 20 )
The Commission has no plans to harmonize the
qualifications in question . The existing Directives, Council
Directive 89 / 48 / EEC of 21 December 1988 on a general Subject : Long-term global costs
system for the recognition of higher-education diplomas production
awarded on completion of professional education and
training of at least three years ' duration (') and Council What conclusions were reached
Directive 92 / 51 / EEC of 18 June 1992 on a second general sponsored by the Commission and

Subject : Long-term global costs of nuclear power
production

What conclusions were reached by the study jointly
sponsored by the Commission and the French Nuclear

No C 277 / 12 EN Official Journal of the European Communities 23 . 10 . 95

Protection Evaluation Centre ( CEPN ) into the long-term
global external costs of nuclear power production ? Will the
Commission list the responses made to the study in the
symposium held on 30 — 31 January to discuss the study ?
Will it list in the Official Journal the titles of each of the

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 19 l u ly 1995 )

reports produced for the study, and make available to Lincolnshire and South Humberside are not separately
Members of Parliament copies of the reports ? identified as such in the majority of the Commission's
financial records on the Structural Funds . The available

information will be sent directly to the Honourable Member
and the Secretariat-General of the Parliament when is has
Answer given by Mrs Cresson been extracted .

on behalf of the Commission

( 11 July 1995 )

The study referred to by the Honourable Member is part of
the Externe project and aims to draw up a framework for the
assessment of the external environmental costs of all forms

of energy, including nuclear energy . This project, developed
under the non-nuclear energy research and development
programme Joule, was presented and discussed along with
three other projects of the same scope at an international
seminar organized by the Commission in cooperation with
the Organization for Economic Cooperation and
Development and the International Energy Agency on
20 — 21 January 1995 in Brussels . The comments on the
Externe project were very favourable .

The results on the nuclear cycle indicate a very detailed and
exhaustive assessment of the whole fuel cycle . They show
that research is still needed on the handling of major
accidents and on the financial assessment of very long-term
impacts .

All the results of the Externe project are already available in
highly detailed working documents . These will be published
shortly after incorporation of the technical comments
addressed to the Commission during the review of the
results .

The Honourable Member will receive the results as soon as

they have been finalized for publication .

WRITTEN QUESTION E-l 53 7 / 95

by Veronica Hardstaff ( PSE )

to the Commission

( 31 May 1995 )

( 95 / C 277 / 21 )

Subject : Structural Funds

How much have Lincolnshire and Humberside South

received from Structural Funds and Community Initiatives

since 1989 ?

WRITTEN QUESTION E-l 5 72 / 95

by Anita Pollack ( PSE )

to the Commission

(7 June 1995 )

( 95 / C 277 / 22 )

Subject : Black and migrant women in the European
Union

The Commission is aware of the study it funded for the
European Women's Lobby, undertaken by the European
Forum of Left Feminists . What action is being taken or is
being planned on the recommendations contained therein,
specifically on immigration policy, on action against racism
and xenophobia, on policy on human rights and on
representation and democracy ?

Answer given by Mr Flynn
on behalf of the Commission

(7 September 1995 )

The Commission is indeed aware of the study which was
however funded by the European women's lobby, not the
Commission . The recommendations contained in the study
are therefore addressed to the European women's lobby, not
the Commission .

In the framework of the consultation concerning the
preparations of the fourth medium-term Community
programme on equal opportunities for women and men, the
European women's lobby raised some of the issues
addressed in the report .

In its fourth action programme, which is adopted on 19 July

1995, the Commission addresses the matter of the shared
responsibility of the Member States, the Commission and
international institutions as regards issues related to women
asylum seekers, women migrants and refugees .

Moreover, the Commission has provided support to the
European migrants ' forum which in turn has created a

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 13

platform for the expression of black and minority women,
most notably at the European conference of migrant
worren, held in Athens in November 1994 .

In its action plan against racism, due to be adopted before
the end of this year, the Commission will give particular
attention to combating racist discrimination directed
against women .

WRITTEN QUESTION E-1575 / 95

by Nel van Dijk ( V )

to the Commission

(7 June 1995 )

( 95 / C 277 / 23 )

Subject : Transposition of the Directive on maternity leave

etc . into the legislation of the Member States

Which Member States have not yet amended their
legislation to take account of Directive 92 / 85 / EEC (' ) on the
introduction of measures to encourage improvements in the
safety and health at work of pregnant workers and workers
who have recently given birth or are breast-feeding ?

Which of these Member States have not yet passed
legislation entitling workers to fourteen weeks ' maternity
leave with full pay or with an adequate benefit ?

Which of these Member States are failing to comply with
other provisions of the Directive ?

When will the Commission be bringing proceedings against
these states for failure to comply with their obligations ?

C ) OJ No L 348, 28 . II . 1992, p . 1 .

Answer given by Mr Flynn
on behalf of the Commission

(3 July 1995 )

Up to 30 May 199 5, the following Member States had
communicated to the Commission the national law
provisions that they had adopted to comply with Directive
92 / 85 / EEC : Denmark, Spain, Ireland, the Netherlands,
Austria, Finland, Sweden and the United Kingdom .

France has sent a summary of its measures transposing the
Directive, but has not yet forwarded the full text to the

Commission .

All the Member States have provision for the right to
maternity leave, the duration of which can vary in general
terms between 14 and 1 8 weeks and approximately 75 % of
the normal wage is paid .

The Commission has already carried out a preliminary
examination of the texts it has received and is now looking
closely at Member States ' legislation and case law in the field
covered by the Directive . The Expert Network on the
Application of the Equality Directives has been requested to
produce a report on implementation of Directive 92 / 85 / EEC
by the beginning of 1996 .

The Commission has instituted infringement proceedings
against the Member States which have so far failed to
communicate any measures taken to incorporate the
Directive into national law .

WRITTEN QUESTION E-l 577 / 95

by Nel van Dijk ( V )

to the Commission

(7 June 1995 )

( 95 / C 277 / 24 )

Subject : VAT on flowers and plants in Spain and France

Can the Commission confirm that Spain and France have
been applying the low VAT rate on flowers and plants over
the past two and a half years ?

In so doing, have these Member States been acting in
contravention of the Community VAT legislation, given
that the application of the low rate was permitted only for
Member States which were already applying that rate before

1 January 1992 ?

Can the Commission state the size of the financial loss to the

EU's own resources as a result of this action ?

What measures has the Commission taken during that
period to enforce compliance with the VAT Directives ?

WRITTEN QUESTION E-l 578 / 95

by Nel van Dijk ( V )

to the Commission

(7 lune 1995 )

( 95 / C 277 / 25 )

Subject : VAT on flowers and plants in the Netherlands

Is it the case that Community VAT legislation permitted
those countries which were alreadv applying the low VAT

No C 277 / 14 EN Official Journal of the European Communities 23 . 10 . 95

rate to flowers and plants before 1 January 1 992 to continue
to apply that rate only until 31 December 1994 ?

Is the maintenance of the low rate in the Netherlands and

other Member States consequently at odds with the VAT
Directives ?

Can the Commission state the size of the loss to the EU's

own resources as a result of this action ?

What measures has the Commission taken to enforce

compliance with the Community VAT Directive ?

Joint answer to Written Questions

E-1577 / 95 and E-l 578 / 95

given by Mr Monti
on behalf of the Commission

( 13 fuly 1995 )

The Commission can confirm that, to the best of its
knowledge, the Member States cited currently tax supplies
of flowers and plants at reduced rates of value added tax .
This action, however, has not resulted in any financial loss
to the Community own resources as Community rules on
VAT own resources specify that the VAT of each Member
State is to be calculated by applying a weighted average rate
of VAT .

The Commission has recently tabled a proposal for a
Directive aimed at resolving the question of the taxation of
flowers and plants ( 1 ). It suggests that all Member States
should have the option of taxing supplies of flowers and
plants at a reduced VAT rate on a transitional basis . The
Commission hopes that the proposal can be adopted by the
Council as soon as possible .

(') COM(94 ) 584 .

WRITTEN QUESTION E    - 1 582 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

(7 lune 1995 )

(9 SIC 277126 )

Subject : The poor in the European Union

So as to explain and defend the activities of the European
institutions aimed at combating poverty at a forthcoming
international meeting, can the Commission provide general
information on any programmes with this noble objective

promoted by the European Union ? If so, I should be grateful
if the Commission could include data on the numbers of

those considered poor and the sums allocated, by whatever
means, to alleviate the plight of the many needy and indigent
European citizens ?

Answer given by Mr Flynn
on behalf of the Commission

(7 July 199 5 )

The Commission has been concerned for many years about
the level of poverty and social exclusion within the
Community . Since 1975, it has been implementing a series
of programmes with the objective of combating poverty and
creating models of good practice which could be followed
more widely in the Member States .

The first of these programmes ( Council Decision
75 / 458 / EEC of 22 July 1975 concerning a programme
of pilot schemes and studies to combat poverty ) ('), as
amended by Council Decision 77 / 779 / EEC of 12 December

1977 ( 2 ) ran from 1975 to 1979, the second ( Council
Decision 85 / 8 / EEC of 19 December 1984 on specific
Community action to combat poverty ) ( 3 ) from 1985 to

1988, and the third and most recent programme ( Council
Decision 89 / 457 / EEC of 18 July 1989 establishing a
medium-term Community action programme concerning
the economic and social integration of the economically and
socially less privileged groups in society ) ( 4 ) from 1989 to

1994 . In September 1993, the Commission presented a
proposal for a further, somewhat broader, programme p ),
intended to run from 1994 to 1999 . However, the Council
has not yet been in a position to adopt this programme .

The budget for the third programme ( five years ) was ECU
55 million . The amount mooted for the proposed new
programme ( five years ) is ECU 121 million . For 1995, the
budget for anti-poverty measures and those combating
social exclusion ( budget heading B-4104 ) is ECU 20
million .

Apart from these programmes specifically designed to
combat poverty and social exclusion, the Commission has
been implementing other, broader measures in the context
of its Structural Funds operations, which have also been
helpful to those affected by poverty and social exclusion .
These measures themselves benefited from the lessons learnt
from the poverty programmes, since they highlighted good
practice and encouraged innovatory action .

The most recent statistics concerning poverty in the
Community are to be found in the final report on the
implementation of the Community programme concerning
the economic and social integration of the economically and
socially less privileged groups in society ( 6 ) and read as
follows :

23 . 10 . 95 EN Official [ ournal ot the European Communities No C 277 / 15

olds

old

.)

Perso

1 000s

Househ

( thresh

50

1 000s

11 s

Country Year

Average
income ( ' )

( 100 % )

Belgium 88 367 017 241 6,1 848 8,6

Denmark ( 2 ) 87 80 570 84 3,6 220 4,3

Gernany ( ') 88 22 782 2 938 10,8 7 287 11,9

Greece 88 832 188 706 20,6 2 048 20,5

Spain 88 674 331 1 833 16,7 6 856 17,7

France 89 73 084 3 042 14,0 9 243 16,5

Ireland 88 5 130 171 16,9 687 19,4

Italy 88 11 548 338 4 208 20,6 12 628 22,0

Luxembourg 87 516 846 11 8,8 42 1 1,5

Netherlands 88 20 736 252 4,3 706 4,8

Portugal 90 556 118 797 25,2 2 586 25,1

United

Kingdom 88 5 683 3 289 14,6 8 721 15,3

EUR 1 2 17 570 51 873

( 1 ) Annual average expenditure per adult equivalent in national currency tor

tl " e survey vear ( consumption units in accordance with the OKCD scale of
equivalence ).

( 2 ) Subject to uncertainty as to the quality of the data .
(■') Data for 1988, i.e . before the unification of Germany .

It must be noted that these figures refer to poverty within the
national context of each Member State . The income at
which a person is defined as poor will vary from one
Member State to another .

(') O J No L 199, 30 . 7 . 1975 .
C -) O J No I. 322, 17 . 12 . 1977 .
C ) Ol No L 2, 3 . 1 . 1985 .

( 4 ) OJ No L 224, 2 . 8 . 1989 .

( 5 ) Medium-term action programme to combat exclusion and

promote solidarity — a new programme to support and
stimulate innovation ( 1994 — 1999 ) — COM(93 ) 435 final .

( 6 ) COM ( 95 ) 94 final .

WRITTEN QUESTION E-l 5 88 / 95

by Gerardo Fernândez-Albor ( PPE )

to the Commission

( 12 J une 1995 )

( 95 / C 277 / 27 )

Subject : Accurate drafting of instruction booklets in the

various Community languages

The freedom of movement for goods and services represents
an undoubted advantage to trade between the various
countries of the European Community, which has become a
huge single market, to the benefit of both producers and

consumers .

However, there are still various anomalies which should be
rectified for the good of consumers — for example, the
drafting of instruction booklets in the language of the
country in which the products to which they relate are
offered for sale . In certain cases the wording of such
instructions is literally incomprehensible, for which reason
the legislative bodies in various Member States have already
adopted recommendations on the matter .

Does the Commission think that there should be standard

criteria in this area to ensure that the relevant national laws

are consistent, and will it propose that instruction booklets
should be drawn up in accordance with uniform criteria,
such as, for example, the requirement that they be drawn up
by professionals with recognized linguistic ability ?

Answer given by Mrs Bonino

on behalf of the Commission

( 28 I u ly 199 S )

The question raised by the Honourable Member continues
to be given particular attention by the Commission .

Improving consumer information is one of the priorities of
work carried out under the heading of Community
consumer policy .

In autumn 1993, the Commission presented to the Council
and Parliament two communications relating to the use of
languages for consumer information : the first, a programme
document ('), providing subjects for discussion and the
second, an interpretive document ( 2 ), dealing in particular
with foodstuffs in the light of case law .

Parliament welcomed these analyses, adopting Mrs
Thysserfs report in April 1994 .

The Council focused its discussions on the question of
foodstuffs, and the latest proposal for an amendment to
Directive 79 / 112 / EEC ( ? ), which is now the subject of a
common position ( 1 5 June 1 995 ), sets out the possibility of
Member States having the right to impose their national
language(s ).

In the light of possible further information shortly to come
from the Court of Justice in the context of Case C-85 / 94, the
Commission will assess the possibilities for improving the
content of information, and in particular the linguistic
quality, for example in instructions .

C ) COM(93 ) 456 final .

( 2 ) COM ( 93 ) 532 final .
C ) CO M ( 94 ) 24 final .

No C 277 / 16 EN Official Journal of the European Communities 23 . 10 . 95

WRITTEN QUESTION E-1601 / 95

by John Cushnahan ( PPE )

to the Commission

( 12 June 1995 )

( 95 / C 277 / 28 )

Subject : Restoration of historic buildings

Is the Commission aware of the Europa Nostra of 28 April

1994 which called for the restoration and maintenance of

historic buildings to be exempt from value-added tax ?

Has the Commission any plans to promote this excellent
proposal, either through the Member States or at European
Union level ?

Answer given by Mr Monti
on behalf of the Commission

( 10 July 1995 )

The Commission is aware of the suggestion to which the
Honourable Member refers .

Under Community law, service such as the restoration of
historic buildings are not entitled to exemptions from value
added tax ( VAT ) or to the application of a zero rate, but
must instead be charged at the standard rate of VAT .

The Council is at present carrying out a review, on the basis
of a Commission report, of the scope of those supplies which
are eligible for a reduced rate of VAT, which do not at
present include the restoration of historic buildings .
However, any changes to Community VAT law would have
to be approved unanimously by the Council .

WRITTEN QUESTION E-l 6 1 9 / 95

2 . Whether it considers this double charge lawful and / or
legitimate ;

3 . Whether it could envisage proposing that gifts, or
parcels for private use, be exempted from this double
charge ?

Answer given by Mr Monti
on behalf of the Commission

( 19 f uh 1995 )

Parcels imported into the Community are usually subject to
customs duties and indirect taxes . However, for
consignments of a value not exceeding ECU 45, relief from
taxes and duty is normally allowed ( this relief can be
restricted for tobacco products, alcoholic drinks, perfumes
and toilet waters ). The Commission has proposed to the
Council that the value limit be increased from ECU 45 to

ECU 1 75 . The negotiations on this are still continuing in the
Council .

From the information provided by the Honourable
Member, it is not clear whether the fee of Bfrs 340 payable
to the Société nationale des chemins de fer belges ( SNCB ) is
in payment of duties or taxes, to be remitted to the
appropriate administration, or a flat rate clearance charge
made by the SNCB for presenting the goods to customs . In
the latter case, it would be a commercial charge by the
SNCB, and would not contravene Community law .

The Commission suggests that the Honourable Member
provides further details of the charge in order that its
legitimacy can be determined .

by Gérard Deprez ( PPE ) WRITTEN QUESTION E-1646 / 95

to the Commission by Amedeo Amadeo ( NI )

to the Commission
( 12 June 1 995 )

( 95 / C 277 / 29 ) ( 15 j une 1995 )

( 95 / C 277 / 30 )

Subject : Double charge for private parcels from Alaska

A Belgian national has contacted me to express his
indignation at having to pay a fee of Bfrs 340 to the SNCB
each time he receives a present from his daughter in Alaska,
although postage has already been paid in the country of
origin .

Would the Council state :

1 . Whether this second payment on receipt of the parcel is

the result of a European law ;

Subject : Fishing vessels in the Community

With regard to the ' proposal for a Council Regulation
amending Regulation ( EEC ) No 3928 / 92 (') establishing a
NAFO pilot observer scheme applicable to Community
fishing vessels operating in the Regulatory Area of
the Northwest Atlantic Fisheries Organization '

( C4-0 106 / 95 ) ( 2 ), can the Commission say whether, in order
to protect resources efficiently, it does not consider that the
current overall monitoring programme should be developed

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 17

and extended so as to supervise the catches of fishing vessels States to take steps to prevent these vessels from fishing in
and, in particular, of those which are flying flags of the NAFO regulatory area .
convenience or flags of countries which are not Contracting
Parties ? (') COM ( 95 ) 266 .

C ) OJ No L 397, 31 . 12 . 1992, p . 78 .

( 2 ) COM(94 ) 630 .

WRITTEN QUESTION E-1649 / 95

by Amedeo Amadeo ( NI )

Answer given by Mrs Bonino

on behalf of the Commission

to the Commission

( 15 June 1995 )

( 14 July 1995 ) ( 95 / C 277 / 31 )

The proposal mentioned in the Honourable Member's
question extends Council Regulation ( EEC ) No 3928 / 92
which implements the NAFO ( Northwest Atlantic Fisheries
Organization ) pilot observer scheme to cover 1995 .
However, that Regulation will have to be replaced by a new
Council Regulation which will incorporate a 100%
observer scheme as agreed in the context of the agreement
between the European Community and Canada on fisheries
dated 20 April 1995 . The Commission adopted the
necessary proposal on 14 June 1995 (').

Uncer the new scheme, observers will be placed on board all
Community vessels fishing in the NAFO regulatory area .
The new scheme has been provisionally applied since 5 May

1 995 and all Community vessels flying the flag of a Member
State fishing in the NAFO regulatory area have observers on
board .

If the above observer scheme were adopted as well by all
other NAFO Contracting Parties, observers would be
placed on board all vessels of those parties fishing in the
NAFO regulatory area .

There is no provision at present in the NAFO convention or
in international law obliging vessels flying the flag of a
non-Contracting Party and fishing in the convention area to
abide by NAFO rules . Thus, it is not legally possible to place
observers on board the vessels concerned .

On the other hand, the United Nations ( UN ) Convention on
the law of the sea contains an obligation for States to
cooperate in view of the measures which are necessary for
the conservation of the stocks . The flag State's responsibility
has also been underlined in the Food and Agriculture
Organization agreement to promote compliance with
international conservation and management measures by
fishing vessels on the high seas . The UN conference on
straddling stocks and highly migratory species aims to find
means to reinforce international cooperation for these
problems .

The Community, like all NAFO Contracting Parties, is
hov / ever, undertaking numerous initiatives at diplomatic
and political level in order to persuade the respective flag

Subject : System for liberalizing the distribution of motor

vehicles

On 1 July 1995 a European Commission Regulation will
come into force in connection with the distribution of motor

vehicles in the EU . Although this will make significant
improvements to the previous Regulation, it must be
improved on in respect of the distribution of more than one
make . Vehicle manufacturers can no longer unilaterally
terminate a contact with a concessionaire solely on the
grounds that the latter agrees to sell makes other than the
manufacturer's .

An obsolete system of this kind appears to be at variance
with the social, industrial and economic spirit of the coming
millennium .

Can the Commission therefore review the system for
distributing more than one make so as to meet the increased
need for competition and liberalization in the sector ?

WRITTEN QUESTION E-1650 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 15 June 1995 )

( 95 / C 277 / 32 )

Subject : Liberalization of the system for distributing motor

vehicles

On 1 July 1995 the new European Commission Regulation
on the distribution of motor vehicles in the EU will come

into force . Since the new Regulation is clearly an
improvement on the previous one . However, distributors
and consumers have criticized the ten-year period chosen by
the Commission for implementation of the Regulation since
it gives another ten years of unilateral advantage to the
manufacturers to the detriment of the interests of

distributors and consumers .

Does the Commission not consider that it should shorten

the deadline for implementing the Regulation ( to two or
three years ), reserving the right possibly to extend this after
reviewing the question ?

No C 277 / 18 EN Official Journal of the European Communities 23 . 10 . 95

WRITTEN QUESTION P - 1 779 / 95

QUESTION P  - 1 779 / 95 would not be possible if the period were too short, given the

Amedeo Amadeo ( NI ) time probably required to adjust individual distribution

to the Commission systems to the new legal framework .

by Amedeo Amadeo ( NI )

(8 June 1995 )

( 95 / C 277 / 33 )

Subject : Selective distribution of motor vehicles

The proposal adopted by the Commission on the selective
distribution of motor vehicles retains, for a further period of
seven to ten years, the Regulation allowing exemptions for
categories of agreement benefiting the automobile
industry .

A consumer wishing to buy a television set, a video recorder
or a washing-machine can go into a shop and compare the
different brands . However, anyone wishing to buy a car has
to go to a number of separate sales premises, which creates
artifically high prices to the detriment of independent
dealers . While the new Directives are an improvement on the
previous ones, in that they now permit sales of more than
one brand in separate premises, where the original term used
was separate places, we consider the period of seven to ten
years to be excessive .

Will the Commission review the time limits and reduce them

to three to five years ?

WRITTEN QUESTION E    - 1 666 / 95

by Mark Killilea ( UPE )

to the Commission

( 15 June 1 995 )

( 95 / C 277 / 34 )

Subject : Review of the Leader programme in Ireland

A recent review of the operation of the Leader programme in
Ireland was strongly critical of what it considered the low
level of job creation and value for money achieved by the
various Leader groups around the country .

Would the Commission concur with this criticism, and will
it give its own comments on the performance of these
groups ?

Answer given by Mr Fischler
on behalf of the Commission

(6 July 1 995 )
Joint answer to Written Questions
E-1649 / 95, E-1650 / 95 and P-l 779 / 95

given by Mr Van Miert
on behalf of the Commission

( 13 July 1995 )

On 21 June 199 5 the Commission adopted the new
Regulation on motor vehicle distribution, details of which
are given in press release IP / 95 / 648 . The Regulation no
longer contains a clause allowing the manufacturer to
terminate unilaterally the contract with any dealer wishing
to sell a make other than the manufacturer's . The

Commission concluded that any such clause would, as the
Honourable Member points out, be at variance with the
move to multiple dealership, which forms part of a
distribution system that is more in line with social, industrial
and economic developments and meets the increased need
for competition and liberalization in the sector .

The new Regulation will apply for a fixed period of seven
years, not ten years, although Parliament, in its resolution of
7 April 1995, called for a ten-year period . It was not felt
appropriate to set a shorter period of validity ( three or five
years, as the Honourable Member would like to see ), since
operators in the sector are entitled to legal certainty, which

The Commission is aware of two reports on the operation of
Leader in Ireland :

— An evaluation carried out by an independent consultant

for the Department of Agriculture, Food and
Forestry ;

— A report on value for money carried out by the office of

the Controller and Auditor General .

While the first report discusses the difficulty of evaluating
the employment created by Leader due to part-time
employment, sustainment of existing under-employed
people, seasonal employment and ' deadweight ', the
Commission does not agree that the reports were strongly
critical of these aspects . In general the Commission is
satisfied with the performance of the groups selected under
Leader in Ireland . It is proposed to carry out a full
evaluation of Leader throughout the Community in 1996
when questions such as the level of job creation and value
for money will be addressed .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 19

WRITTEN QUESTION E-1669 / 95

by Peter Crampton ( PSE )

to the Commission

( 15 June 1995 )

( 95 / C 277 / 35 )

Subi eet : North Sea fisheries

In view of the near desperate state of the North Sea
fisheries :

1 . Has the Commission any proposals to limit or ban
fishing for industrial and animal feed industries ?

2 . Are there any plans to de-limit areas where there would
be a complete ban on fishing activity ?

3 . Is the Commission prepared to impose very low limits
on the amount of organic and inorganic pollutants that
c.re allowed to be disposed of in the North Sea or in the
rivers that flow into it ? What is the current

situation ?

Answer given by Mrs Bonino

on behalf of the Commission

( 25 July 1995 )

1 . The most recent scientific information available on the

status of North Sea stocks demonstrates that those which

are the target of industrial fisheries are either in a reasonable
condition or are increasing, particularly in the case of sprats .
A ban of industrial fisheries on the account of protection of
the stocks would thus not be supported by scientific
evidence .

Conversely, demersal stocks which are the target of other
fisheries for direct human consumption, are over-exploited .
The most effective way to protect these stocks would thus be
to reduce the intensity of these direct fisheries .

As for interactions between fisheries, it is clear that
industrial fisheries impinge adversely on direct human
consumption fisheries because they catch juvenile fish of
species upon which the latter rely . In this context, the
Commission will hold in July 1995 a joint meeting with
Norway to see if by-catches of juveniles of non target species
can be reduced in the case of the North Sea herring
fisheries .

2 . Regarding plans for the setting of ' undisturbed areas '
in the North Sea, that is areas within which no extractive
activity, including fishing, would be allowed, the ministers
participating in the Fourth North Sea Conference ( Esbjerg,

8 — 9 June 19 95 ) agreed in their ministerial declaration

to :

— Invite the Commission in cooperation with relevant

Norwegian authorities to consider a proposal before

1997 for the choice of location and the establishment of

( undisturbed ) areas in the North Sea for scientific
purposes, in order to assess the recovery and
redevelopment of the marine ecosystem

( section II . 16.ix ).

— Conduct further research, additional to that recently

carried out by ICES, in the scientific criteria for the
establishment and the usefulness of undisturbed areas,
and appropriate research and monitoring programmes .
This research should not be allowed to delay work on the
possible establishment of such areas ( Annex I,
section 2.7 ).

3 . Since the first international ( ministerial ) conference
for the protection of the North Sea, these conferences have
made political agreements about the reduction of inputs of
organic and inorganic pollutants to the North Sea . The
Fourth North Sea Conference has confirmed the agreements
of the previous conferences and has set even more ambitious
targets to reduce inputs to the North Sea . These agreements
are continously followed up in the form of Community
legislation, national legislation and, where relevant, in the
appropriate international conventions . The Commission as
signatory to the ministerial declarations is committed to
reduce inputs of pollutants to the North Sea and will, where
appropriate, propose the necessary Community legislation
to implement the agreement reached .

WRITTEN QUESTION E-l 705 / 95

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 21 June 1995 )

( 95 / C 277 / 36 )

Subject : Structural assistance and the principle of
co-financing

EU support from the various Structural Funds is always
dependent on a further contribution from the recipient .
Areas covered by Objective 5b ( structural adjustment of
rural areas ) provide a clear example of the failure of this
concept of support : the very regions which should benefit
from European assistance frequently lack the necessary
financial resources . The EU support which is needed is not
obtained because of the lack of co-financing .

1 . Does the Commission know the extent of the structural

assistance which is not claimed because of the lack of

co-financing ( in Germany, under Objective 5b )? If so,
what are the figures for each Federal Land ?

No C 277 / 20 EN Official Journal of the European Communities 23 . 10 . 95

2 . Are there any means of obtaining European structural
assistance without contributing a share of the funds ? If
so, what are they ?

Answer given by Mr Fischler
on behalf of the Commission

(Î August 1995 )

The three Structural Funds, the public authorities and,
where necessary and planned for, the private sector, all
contribute to financing the measures in the Objective 5(b )

programmes .

The Community contribution for Objective 5(b ) cannot
exceed 50% of the overall cost and must represent at least
25 % of the public expenditure .

1 . The total amount of Community assistance is to be paid
on the basis of the financial plans approved over the next
five years .

Nuovo Pignone notified a proposed acquisition by Dresser
and Ingersoll-Rand Company of a minority shareholding in
Nuovo Pignone of 12% each from General Electric
Company . Both Dresser Industries and Ingersoll-Rand,
through their joint ventures Ingersoll-Dresser Pump and
Dresser-Rand, are direct competitors of Nuovo Pignone .

Following intervention by the Commission, the two
American companies, Dresser Industries, Inc . and
Ingersoll-Rand Company have withdrawn their plans to
participate as minority shareholders in the Italian company
Nuovo Pignone, which is now in the hands of the American
General Electric Company .

Inquiries have shown that the production of Dresser-Rand
and of Nuovo Pignone in the field of process gas
compressors more or less overlap . They are leaders in
compressor technology worldwide . Cooperation in this
field might have led to an unacceptably strong position in
some small, but possibly important fields of application
such as natural gas transmission and distribution .

2 . The programmes submitted by the Lander include a
contribution from private individuals if they figure
among the beneficiaries . In many cases, local authorities
are the benficiaries . In the old ( pre-unification ) Lander
the local authority contribution is accordingly taken to
be the public contribution . If the Land has not planned
to part-fund a measure, public funding must be provided
by the local authorities . WRITTEN QUESTION E-1 715 / 95

by Jessica Larive ( ELDR )

to the Commission

( 21 July 1 995 )

WRITTEN QUESTION E-l 714 / 95 ( 95 / C 277 / 38 )

by Riccardo Nencini ( PSE )

to the Commission

( 21 June 1995 )

( 95 / C 277 / 37 )

Subject : Compétition

In view of General Electric's request to surrender a total of
24 % of its shares in Nuovo Pignone ( FI ), which it owns, to
Dresser and Ingersoll Rand ( partners ), we can expect that,
when this request is granted, the companies concerned will
assume a dominant position in the manufacture of natural
gas compressors, particularly centrifugal compressors,
resulting in a monopoly in high-pressure gas re-injection
systems . Since this would presumably be incompatible with
competition law, does the Commission intend to take
action, and if so, when ?

Answer given by Mr Van Miert

on behalf of the Commission

(5 July 1995 )

On 2 September 1994 Dresser Industries, Inc .,
Ingersoll-Rand Company, General Electric Company and

Subject : Requirement of establishment for dentists in

Italy

Is the Commission aware that, under the rules of Italy's
Ordine dei Medici Chirurgi e degli Odontoiatri ( Province of
Imperia ), a dentist wishing to practise in Italy is required to
reside in Italy ( Article 9e of the Rules ) and is struck off the
register if he goes to or becomes established in another
country ( Article lib )?

This would mean for example, that a Dutch dentist working
in Italy but taking up residence in France may no longer
practise in Italy, whilst an Italian dentist may work in France
without being resident there . Under the tax convention

between France and Italy to prevent double taxation in
Europe, there is also a requirement to establish residence
where one is living on a permanent basis ( Convenzione
Italiano-Francese, Venezia 5-10-89, legge 7-2-92,
Article 4 ).

Can the Commission confirm that the requirement of
establishment is in breach of European legislation and

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 21

reciprocity ? If this is so, what steps does the Commission WRITTEN QUESTION E-l 719 / 95
intend to take to ensure that the Ordine dei Medici Chirurgi by Mark Killilea ( UPE )
e degli Odontoiatri amends these provisions ?
to the Commission

( 21 June 1995 )

( 95 / C 277 / 39 )

Answer given by Mr Monti
on behalf of the Commission

( 26 J uly 1995 )

The Commission was not aware that the rules of the Order

of Doctors, Surgeons and Odontologists of the Italian
province of Imperia required any dentist wishing to practise
in Italy to take up residence . The Commission will be
contacting the Italian authorities in order to obtain the text
of these rules .

Subject : Support and guidance for voluntary agencies to

avail of ESF funds

In the recent call for proposals under the EU's Human
Resources Initiatives, it has come to my attention that a very
large number of applications failed to pass the preliminary
selection stage, because they were not presented correctly, or
proposals did not meet the required criteria .

Even though information seminars were arranged prior to
the call for proposals, it is clear that these had to address
themselves to an extremely wide audience on the day, that
there was not the opportunity for in-depth, practical
discussion, and that a very large number of organizations
and groups are experiencing considerable difficulties in
understanding and interpreting the criteria laid down by the
Commission .

An obligation to take up residence is indeed in conflict with
the principles of freedom of movement and of establishment Commission .
as set out in Articles 48 and 52 of the EC Treaty . The Court
of Justice has consistently held that the right of In view of this obvious level of
establishment involves it being possible to set up or maintain misunderstanding, would the Commission
more than one centre of activity on Community territory ('). some funds available to run a short
An obligation to take up residence, as described by the particularly at voluntary agencies, to provide
Honourable Member, is undeniably a restriction on the instruction on drawing up such proposals,
right of establishment, which it seriously impedes, especially which could be transferred successfully to a
as such an obligation may well result in indirect EU programmes and initiatives ?
discrimination against practitioners established in other
Member States or obstacles to access to the profession going
beycnd what is necessary in order to attain the objectives of
such provisions ( i.e . the need to ensure continuity of care for
patients or to apply national ethical rules ). Answer given by Mr Flynn
on behalf of the Commission

In view of this obvious level of confusion and

misunderstanding, would the Commission consider making
some funds available to run a short programme, aimed
particularly at voluntary agencies, to provide clear, practical
instruction on drawing up such proposals, using a model
which could be transferred successfully to a wide range of
EU programmes and initiatives ?

As regards the tax convention between France and Italy,
Article 4 of it does not impose any obligation to choose to be
domiciled in either country . It merely fixes the objective
criteria to be adopted by the two countries for defining
residence for tax purposes in order to avoid double

taxation .

The Commission will check whether the rules in question
are in conformity with Community law . If necessary it will
not fail to initiate proceedings as provided for in Article 169
of the EC Treaty .

(') See judgments in Case 107 / 83 Kopp ( 1984 ) ECR 2971, Case

270 / 83 Commission v . France ( 1986 ) ECR 285, Case C  - 1 06 / 9 1
Ramrath ( 1992 ) ECR 1-3351 .

(7 J u ly 1995 )

The application procedures for project submission under
Community initiatives are decided by the Member State
concerned . In general the agency responsible for
administering the programme at national or regional level
will produce information packages covering the practical
details and the Commission itself has produced guidelines
for project promoters for both the Employment and the
Adapt initiatives . In order to facilitate the dissemination of
information and to increase awareness among the relevant
target groups of the Employment and Adapt initiative, the
Commission has also funded at a rate of 100 % a budget for
each Member State for preparatory technical assistance . In
the case of the Employment and Adapt initiatives this
amounted to a total for both of ECU 1,8 million . One
purpose of this preparatory technical assistance was the
organization of conferences, seminars and information
sessions for potential project promoters .

The above assistance has been provided in addition to the
provisions made in each operational programme for the

No C 277 / 22 EN Official Journal of the European Communities 23 . 10 . 95

creation of a national support in each Member State . The
Commission will finance these national support structures
up to an amount of 6 % of the total Community
contribution to the cost of the national programme . Of this
6%, 4% can be financed at a rate of 100% by the
Commission . The remaining 2 % of Community funding
must be matched by co-funding from the Member State at a
rate of 25 % in Objective 1 regions and 50% in
non-Objective 1 regions . For the Employment initiative this
amounts to a total of ECU 50 million for the period

1994 — 1999 and for Adapt to ECU 48 million . Again a
major task of these support structures is to set up a national
help desk, to provide information to potential project
promoters — for example to help them in the formulation of
a coherent work programme and creation of transnational
partnerships, to organise conferences and seminars, and to
prepare brochures and other information materials . These
support structures will be operational for the full
programming period 1994 — 1999 . In addition the
Commission has set up a European support structure in
Brussels to facilitate coordination among national support

structures .

The Commission is fully aware of the need for information
to be available to all the groups targeted in the human
resources initiative, and for their views to be reflected in the
drawing up and implementation of the operational
programmes . For this reason it has encouraged wide
consultation of all social partners, non-governmental
organizations ( NGOs ) and voluntary organizations in the
process of drafting the operational programmes, and their
participation in the monitoring committees created to
oversee the implementation of the initiatives in each
Member State .

WRITTEN QUESTION E-1732 / 95

by Wilmya Zimmermann ( PSE )

to the Commission

( 21 June 1995 )

( 95 / C 277 / 40 )

Subject : Implementation of the internal market with regard

to special excise duties for private cars imported
into the Netherlands

A German citizen of the European Union who wishes to live
and work in the Netherlands is obliged to pay a special
excise duty in order to import his car when transferring his
household to the Netherlands . How can this practice
continue to be applied, particularly in view of Article 99 of
the EEC Treaty, when fiscal borders are being removed in
the internal market, and no special excise duty is levied in the
opposite direction, i.e . when citizens of the Netherlands
import their cars into Germany ?

Answer given by Mr Monti
on behalf of the Commission

( 20 J u ly 1995 )

Creation of the internal market saw the introduction of a

Community-wide excise duty system for alcohol, tobacco
and mineral oils . Under the relevant legal instrument, the
Member States retained the right to maintain or introduce
taxes on other goods and services — thus including motor
vehicles — provided they do not involve border-crossing
formalities .

Several Member States have invoked this provisions for
motor vehicles, and apply taxes — typically registration
taxes — at often widely varying levels . The Commission has
noted that the measures taken by Member States to
safeguard their revenue from such sources of taxation may
appear to be incompatible with the concept of the internal
market . The particular case cited by the Honourable
Member, concerning imposition of tax following a transfer
of residence to another Member State, is a good
example .

The Commission intends to bring forward a proposal this
year, which will update the existing rules with a view to
ensuring a smoother functioning of the internal market . The
type of case mentioned above will be addressed in that
proposal .

WRITTEN QUESTION E    - 1 73 7 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 21 lune 1995 )

( 95 / C 277 / 41 )

Subject : Measures to protect public health from resistant

strains of bacteria

A number of significant statements were made at the 21st
Pan-Hellenic Medical Conference on the increase in the

number of microbes which are resistant to antibiotics and,
in a mutant form, cause various kinds of infectious disease,
such as pneumonia, tuberculosis and diseases spread from
animals ( for instance ehrlichiosis ), etc .

Will the Commission say :

1 . Are there any statistics about the incidence of microbic
infections in the European Union ?

2 . Do any relevant statistics exist concerning central and
eastern Europe ?

3 . What factors are responsible for the spread of these
diseases ?

4 . Does a common policy exist — or are there any common
guidelines — which could serve as a basis for action by
the European Union ?

23 . 10 . 95 EN Officiai Journal of the European Communities No C 277 / 23

5 . Have any initiatives been taken to tackle the problem of
the abuse of antibiotics ?

Answer given by Mr Flynn
on behalf of the Commission

(7 September 1995 )

1 . Statistical data concerning the incidence of microbial
infections in the Community are collected by the World
Health Organization's ( WHO ) regional office for Europe
from the Member States as part of its health for all ( HFA )
data base . This data base contains information about the

incidence in each Member State of a number of infectious

diseases ( e.g . tuberculosis, hepatitis, measles, diphtheria,
acure poliomyelitis ), but does not distinguish between
infectious disease caused by microbes resistant to antibiotics
and those not resistant to antibiotics .

The Community biomedical and health research
programme 1994 — 1998 has a relevant topic in its work
programme under the heading ' 4.2.5 . — Disease prevention,
including behavioural and socio-economic research — ( 3 )
Surveillance of drug-resistant micro-organisms '.

A call for proposals is planned to be issued, aiming at
making funds available for relevant work on this topic .

2 . The HFA data base contains incidence data for

infectious diseases for the entire European region, including
central and eastern Europe .

3 . The multiple resistance of pathogenic bacteria to
antibiotics is not a new phenomenon and can be seen in
particular in the case of human tuberculosis . It is mostly due
to the large-scale, sometimes indiscriminate use of various
categories of antibiotics in recent decades, causing pressure
for the selection of these bacteria, which have become more
resistant to antibiotics as a result . Several teams of

researchers are studying this effect, which is undesirable and
has many consequences for the health of populations, in
order to identify the underlying mechanism and combat
it .

4 . No common policy or common guidelines exist on the
increase of certain transmissible diseases caused by microbes
resistant to antibiotics . As far as the treatment of these
diseases is concerned, which is the responsibility of the
Me Tiber States, the medical profession is aware, particularly
as a result of specialised conferences, of the methods of
treating pneumonia and tuberculosis, especially for people
with an immune deficiency . The Commission, through its
public health programmes, is currently studying, together
with the people responsible for monitoring transmissible
diseases in the Member States, ways of monitoring
tuberculosis at Community level, with particular attention
to be paid to the problems of multiple resistance to
antibiotics .

5 . Medical practices, such as the administration of
antibiotics, are not an area of Community responsibility .
The professionals concerned understand the damaging
effects of the excessive use of antibiotics and endeavour,
through initial and further training, to make practitioners
aware of these questions and to induce them to modify their
prescriptions accordingly . Similarly, the producers of
antibiotics realise their responsibility for the proper use of
these pharmaceutical products and seek to pass this on to
their users .

WRITTEN QUESTION P-l 739 / 95

by Heidi Hautala ( V )

to the Commission

(7 June 1995 )

( 95 / C 277 / 42 )

Subject : Impact of EMU on the environment

On 31 May 1995 the Commission published a Green Paper
on the practical arrangements for the introduction of the
single currency and a recommendation on the broad
outlines of the economic policies of the Community and the
Member States .

In the latter document the Commission says nothing at all
about the need to ensure compatibility between the
economy and environmental protection, although many
experts believe that the introduction of a single currency will
increase pressure on the environment in the same way as the
establishment of the internal market did .

What does the Commission intend to do to ensure the

effective compatibility of the economy and environmental
protection when the single currency is introduced ?

Answer given by Mr de Silguy

on behalf of the Commission

(4 July 1995 )

The Commission is aware of the close link between

environmental protection and economic growth . In its
communication on ' economic growth and the environment :
some implications for economic policy making ' ( 1 ), the
Commission dealt with the consequences for economic and
fiscal policy-making of the principle of environmentally
sustainable development .

In this communication the Commission concluded that it
was increasingly necessary to integrate environmental
considerations in policy-making in all sectors of the

No C 277 / 24 EN Official Journal of the European Communities 23 . 10 . 95

economy . Policy-makers will have to define, in
collaboration with the social partners and other public
authorities, cost-effective environmental policies for those
areas for which they carry the main responsibility .

The single currency is the logical completion of the single
market and will allow the full benefits from it to be enjoyed .
The Commission takes the view that economic policies
should be guided by the principles set out in the
communication, both in the period before full monetary
union and when the single currency is in circulation .

(>) COM(94 ) 465 .

WRITTEN QUESTION E    - 1 756 / 95

by Pat Gallagher ( UPE )

to the Commission

( 21 lune 1995 )

( 95 / C 277 / 43 )

Subject : Tariff by Philippine Authorities on milk powder

imports from the EU

Is it in accordance with the GATT Agreement and normal
trading practices for the Philippine Government to impose a
tariff on milk powder imports from the European Union

based on both the invoice value and export refund and,
furthermore, does the Commission accept that this places
European exporters at an unfair disadvantage vis-à-vis their
American counterparts whose subsidies are not subjected to
tariffs by the Philippine authorities ?

Answer given by Mr Fischler
on behalf of the Commission

( 25 July 1995 )

The Philippines became a member of the World trade
organization ( WTO ) on 1 January 1995 . All multilateral
trade agreements covered by the WTO are binding on the
Philippines, including the agreement defining the customs
value of imported goods . As a general rule, the customs
value is the price actually paid or payable for the goods sold
for export to the country of importation .

However, as a developing country not party to the previous
agreement on customs value, the Philippines have the
possibility of delaying implementation up to five years from
the date of entry into force of the WTO . The Philippines are
availing themselves of this derogation . The Commission is
informed that the Philippines ' authorities have prepared a
draft bill according to which their customs valuation will be
gradually amended with the view to ensure conformity with
the WTO agreement by the specified time limit .

According to information available to the Commission, the
Philippines applies the same procedure on milk powder
imports from the USA as those from the Community .

WRITTEN QUESTION E    - 1 758 / 95

by Robin Teverson ( ELDR )

to the Commission

( 21 j une 1995 )

( 95 / C 277 / 44 )

Subject : ERDF and the future of Objective 2

With the current three-years programme covering
Objective 2 within the Structural Funds coming to an end in

1996, the Commission will surely be undertaking a review
to take into account any economic changes during the last
three years which could affect the eligibility status of those
areas presently qualifying for funding under Objective 2 .
When will the next three-year programme for Objective 2
funding be decided and which areas will be eligible ? Will
preference be given to those areas already within
Objective 2 ? The economic situation in Plymouth, for
example, needs supporting for several years to come, and
will need to maintain its eligibility for Objective 2 funding
through to 1999 .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 17 July 1995 )

The current programming period for Objective 2 regions,
except for those in Austria and Sweden, comes to an end on
31 December 1996 . This will provide an opportunity for the
Commission to review the list of regions for the next
programming period under Article 9 ( 6 ) of Regulation

( EEC ) No 2052 / 88, as amended (').

While the timetable has not yet been decided, the review
should begin at the end of 1995, or early in 1996 at the
latest, with a view to concluding negotiations on the new list
in the first half of 1996 to allow sufficient time for new
programmes to be agreed . The review would be conducted
as before on the basis of Member States ' submissions
containing their proposals and priorities and according to
the criteria in Article 9 ( 2 ) of the Regulation . It is therefore
too early to say whether individual areas currently eligible
under Objective 2 will maintain this status for the new
programming period .

(M Of No L 193, 31 . 7 . 1993 .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 25

WRITTEN QUESTION E-l 759 / 95

WRITTEN QUESTION E l 761 / 95

Teverson ( ELDR ) by Joaquín Sisó Cruellas ( PPE )

to the Commission to the Commission

by Robin Teverson ( ELDR )

to the Commission

( 21 June 1995 )

(2 1 June 1 995 )

( 95 / C 277 / 45 ) ( 95 / C 277 / 46 )

Subiect : Leader II
Subject : Greyhounds

On a recent BBC television programme ' Here and Now ', it
was pointed out that EU Structural Funds are being used to
breed greyhounds in the Republic of Ireland . It is a
well-known fact, however, that after two to three years of
intensive racing, these dogs are often unwanted and
subsequently put down . Can the Commission explain and
justify such funding ? If the Commission intends to continue
this, can they ensure that provisions will be made for those
greyhounds whose racing days are over ?

Answer given by Mr Fischler
on behalf of the Commission

The funding provided under the Community initiative
programme Leader II for the entire Community is ECU

1 400 million, of which ECU 900 million is earmarked for
Objective 1 regions and the rest primarily for Objective 5b
regions .

Can the Commission state how much will go to the each
Member State, with a breakdown by objective ?

How much will the Autonomous Community of Aragon

( Spain ) receive ?

Answer given by Mr Fischler
( 14 July 1995 ) on behalf of the Commission

( 13 J u ly 1995 )

Structural Funds are being provided to help develop
greyhound production in Ireland under the operational
programme for agriculture, rural development and forestry

1994 — 1999 . Greyhound breeding and rearing, an integral
part of rural life in Ireland, is primarily carried on by the
agricultural community to augment the earnings of small
farmers, agricultural employees and rural dwellers .

Aid is provided under three measures to improve :

— housing and facilities for producers

— the type of animal produced, and

— marketing and marketing facilities .

While this is clearly a commercial activity, all aspects of the
industry must be organized in a humane manner and owners
of dogs have a special responsibility . Community legislation
covers the transport of dogs ( Directive 77 / 489 / EEC on the
transport of live animals ) (') and their use for experimental
purposes ( Directive 86 / 609 / EEC on the protection of
animals used for experimental purposes ) ( 2 ), but in the
main, animal welfare issues are covered by national
legislation .

(•) OJ No 1, 200, 8 . 8 . 1977 .

( 2 ) OJ No L 358, 18 . 12 . 1986 .

The indicative allocation among the Member States of the
appropriations for Leader II as decided on by the
Commission and adjusted by means of a transfer from the
reserve of ECU 46,7 million is given below :

( in million ECU )

Objective 1 Objective 5(b ) Total

Belgium 3,00 5,00 8,00

Denmark 8,00 8,00

Germany 81,00 93,00 174,00

Greece 146,00 146,00

Spain 291,50 58,50 350,00

France 5,00 1 82,00 187,00

Ireland 67,00 67,00

Italy 183,00 99,00 282,00

Luxembourg 1, 00 1,00

Netherlands 2,10 6,30 8,40

Portugal 116,00 116,00

United Kingdom 23,00 42,30 65,30

Networks ( 22,00 ) ( 12,00 ) 34

Total 939,60 507,10 1 446,70

The breakdown within each Member State is the exclusive
responsibility of the national authorities . The Spanish

No C 277 / 26 EN Official Journal of the European Communities 23 . 10 . 95

authorities have sent the Commission a Leader II WRITTEN QUESTION E
programme which includes part-financing from the by Elly Plooij-van Gorsel (
Structural Funds for Aragon totalling ECU 27,48 to the Commission
million .

WRITTEN QUESTION E l 788 / 95

by Elly Plooij-van Gorsel ( ELDR )

WRITTEN QUESTION E-l 768 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 28 June 1995 )

( 95 / C 277 / 47 )

Subject : Failure to notify State aid

The Commission has adopted a new plan to combat the
failure to notify State aid . According to the Commission,
even though the Member States generally observe the rules,
there are too many cases in which significant aid is granted
without prior notification .

Could the Commission say how many violations of the rules
on prior notification have occurred in each Member
State ?

Answer given by Mr Van Miert

on behalf of the Commission

( 28 June 1995 )

( 95 / C 277 / 48 )

Subject : Women's participation in conferences

1 . Does the Commission consider that women should

have equal opportunities in all aspects of the European
Union's activities ?

2 . Does the Commission consider, when events are held
under its auspices, that it is desirable to require an equal
number of men and women speakers ?

3 . Does the Commission consider it fair that a conference

such as Eurailspeed ' 95 ( scheduled for 4 — 6 October in
Lille ) should have only one woman speaker out of a total list
of nine ?

4 . Does the Commission consider it fair that where

speakers ' names have yet to be filled in, the title ' Mr ' is
already given, thus ruling out the possibility of a woman
speaking on that subject ?

5 . How does the Commission intend to change this state
of affairs ?

( 27 J u ly 1995 ) Answer given by Mr Flynn
on behalf of the Commission

(8 September 1995 )
The following table shows the number of State aids not
notified which the Commission has become aware of and
has listed as non-notified . 1 . The Commission has been conducting an active equal
opportunities policy for men and women since the seventies .
It has developed three action programmes in this area and

1992 1993 1994 has played a dynamic role in work to achieve equal

opportunities for women and men at all levels of the
Community .

1992 1993 1994

Total 126 134 147

Belgium 6 8 3

Denmark 3 — 1

Germany 28 17 22

Greece 2 7 —

Spain 16 17 7

France 15 34 41

Ireland — 1 —

Italy 19 40 37

Luxembourg

— — —

Netherlands 4 6 19

2 . The Commission considers that it is desirable to have

women speakers at events organized under its auspices, but
has no binding instruments for imposing an equal number of
women and men speakers .

3 . The booklet announcing the Eurailspeed 95
Conference, which the Honourable Member has received,
does not take account of the participation of several women
speakers in the official session . They include Ms Idrac,
Secretary of State for Transport ; Ms Blandin, Chair of the
Nord-Pas-de-Calais Regional Council ; Ms Salat, Chair of
the Spanish Railways ; and Ms Molitoris, Chair of the US
Rail Transport Committee . Furthermore, Ms Van Dijk,
who is a Member of the European Parliament, has had to
refuse the invitation to take part in the closing session
because of another engagement .

Portugal

— — 2

United Kingdom 33 4 15

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 27

4 . The use of the abbreviation ' Mr ' where speakers '
names have yet to be filled in does not mean that these
speakers will necessarily be men . However, the Commission
agrees that this practise should be avoided in future .

5 . The Commission pays careful attention to all aspects
of Community policies which might lead to discrimination .
To this end, it is considering making equal opportunities an
integral part of all the relevant policies with a view to the
preparation of a Commission communication, which is
plained for the first quarter of 1996 .

WRITTEN QUESTION E    - 1 799 / 95

by Peter Crampton ( PSE )

to the Commission

( 28 July 1995 )

( 95 / C 277 / 49 )

Subject : Additionality and the implementation of ' Business

Links ' in the United Kingdom

' Business Links ' is a UK Government initiative designed to
prcvide business support services . I understand that the UK
Department of Trade and Industry has secured a
contribution from the European Regional Development
Fund towards the financing of Business Links in Objective 1,
2 and 5b areas . The effect of this will be to double the UK
Department of Trade and Industry funding for business
support activities in Objective 1, 2 and 5b areas of the

UK .

Currently there are 100 Business Links centres operating in
England and the government envisages a national network
of over 200 outlets covering all parts of England by the end
of 1995 .

Business Links are private companies and as such the UK
Government does not — for example — keep information
on how many people are employed in Business Links
outlets .

Given that Business Links is a national network and covers
areas which are not eligible for European Structural Fund
assistance, can the Commission assure me that it has
access ( in accordance with Council Regulation ( EEC )
No 2082 / 93 ('), Article 9.3 ) to all the relevant financial
information concerning implementation of the Business
Lirks project in the UK in order to ensure that the
additionality principle is being adhered to ?

Answer given by Mrs Wuli-Mathies

on behalf of the Commission

( 24 July 1995 )

As part of the focus by the Structural Funds on support for
small businesses, the Commission has agreed that the
European Regional Development Fund ( ERDF ) can be used
to co-finance certain of the services provided through
Business Links in England and through the Business
development consortia in Wales . The pump-priming of
Business Links has been accepted only in so far as this
contributes to the more efficient provision of services to
small and medium-sized enterprises ( SMEs ). The
Commission is not principally interested in job creation in
the Business Links themselves, but rather in the economic
development and job creation impact of the growth of SMEs
resulting from the services the Business Links provide .

The Commission is concerned to ensure that Structural

Fund support for Business Links situated in areas eligible
under Objectives 1, 2 or 5b results in more activity than
would otherwise have occurred . To seek to achieve this,
there is a statement in each single programming document

( SPD ) that Structural Fund support will lead to an increase
in the range, intensity or amount of support provided
through the Business Links . The SPDs also set out the exact
amount of national expenditure on each scheme and state
that this amount will be doubled by support from the ERDF .
The monitoring committees in each region will be assessing
the performance of Business Links and the services they
provide as the programmes progress, and ensuring that
there has been extra benefit in those areas eligible for
Structural Fund support .

WRITTEN QUESTION E    - 1 806 / 95

by Anne André-Léonard ( ELDR )

to the Commission

( 28 lune 1995 )

( 95 / C 277 / 50 )

Subject : Renewal of the derogations to Article 85 of the

T reaty of Rome granted to UIP by the Commission

in 1989

On 9 February 1995, Mr Van Miert stated that the
Commission was continuing its investigations into the
economic effects of the 1989 decision on the exemption
granted to UIP .

UIP has now been pursuing its activities for two years
(') O ) No L 193, 31 . 7 . 1993, p . 20 . without the Commission having taken any decision . So far,

No C 277 / 28 EN Official Journal of the European Communities 23 . 10 . 95

no answers have been given regarding the above
investigations .

When will the Commission be able to give us an answer ?

Answer given by Mr Van Miert

on behalf of the Commission

( 10 July 1995 )

The Honourable Member is correct in stating that renewal
of the exemption granted to United International Pictures
would be subject to investigations — which would
necessarily be complex and detailed — into the economic
effects of the 1989 decision .

Those investigations are now being carried out . It is not
possible to predict with certainty when they will de
completed as they have proved even more problematic than
the Commission first thought . This is due to the fact that the
film industry is governed by complex arrangements which
are not always particularly transparent .

Therefore, workers in the fisheries sector can benefit from
horizontal measures to facilitate the adaptation of workers
to industrial change and to changes in production

systems .

These measures concern :

— the anticipation of labour market trends and vocational

qualification requirements ;

— vocational training and retraining, guidance and
counselling ;

— assistance for the improvement and development of

appropriate training programmes .

The following measures are not eligible for support under
Objective 4 :

— aid for the restructuring and modernization of
enterprises in the sector ( Objective 5a ' Fisheries ')
specified in Regulation ( EEC ) No 2080 / 93 (');

— aid for the socio-economic conversion of coastal regions

( Objectives 1, 2 and 5b );

— measures provided for in the Community Pesca initiative

aimed at restructuring the fisheries sector .

Given the horizontal nature of Objective 4, there is no
WRITTEN QUESTION E - 1 809 / 95 reason to draw up a sector-specific budgetary distribution
kev ­

by José Apolinârio ( PSE )

to the Commission

( 28 June 1 995 )

( 95 / C 277 / 51 )

Subject : ESF Objective 4 allocation for the fisheries

sector

Can the Commission state the conditions under which the

socio-economic measures for the fisheries sector may be
eligible for Objective 4 of the European Social Fund and, if
they are eligible, can it say what the ESF Objective 4
allocation is for the fisheries sector ( total figures at
break-down per Member State )?

Answer given by Mr Flynn
on behalf of the Commission

( 19 July 1995 )

Council Regulation ( EEC ) No 2084 / 93 ( ) stipulates that
Objective 4 covers the economy as a whole, without a priori
reference to specific industries or sectors and is aimed at
workers in employment, particularly those threatened with
unemployment, and not at undertakings, and at improving
their qualifications and employment opportunities .

( [ ) Ol No L 193, 31.7 . 1993 .

WRITTEN QUESTION E-l 822 / 95

by Josu Imaz San Miguel ( PPE )

to the Commission

( 28 June 1 9 95 )

( 95 / C 277 / 52 )

Subject : Replacement drift nets

Media reports indicate the existence of sources within the
Commission which are considering the legality of carrying
replacement drift nets on board vessels using such nets
during the next tuna fishing season in the Atlantic .

No control mechanism currently exists to ensure that
several nets are not linked together on the open sea, resulting
in lengths greater than the 2,5 km legally permitted ; this
means permitting activities which cannot be controlled and
which give rise to illegal practices, and which could result in
conflicts in the Atlantic during the next bonito fishing

season .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 29

If the Community vessel ' Northern Horizon ' is going to be
checking the use of anchored gill nets, it could carry
replacement nets on board for those who require them . This
service would be available to vessels whose nets have broken

or been lost and which require a replacement net, and would
allow the Community to exercise strict controls .

Does the Commission agree that vessels fishing with drift
nets should be allowed to carry replacement nets ?

If so, how does it intend to ensure that the legislation is
complied with, when it has only one boat and is permitting
the carrying of replacement nets, if craft belonging to
ecological bodies and to various governments were unable
to carry out proper controls last summer ?

Answer given by Mrs Bonino

on behalf of the Commission

( 17 July 1995 )

At no time in any official communication nor at any meeting
has the possibility been raised that the vessel chartered by
the Commission, ' Northern Horizon ', might be used to
carry spare nets or in any other way as a support vessel for
the driftnetters involved in the tuna fishery . Member States
wen ; informed at a meeting in Brussels on 17 May 1995,
that the vessel would not be available to carry spare

nets .

Member States ' representatives at this meeting reaffirmed
that the wording of Article 9a of Council Regulation ( EEC )
No 3094 / 86 ( 1 ) makes it quite clear that no vessel may retain
on board or use driftnets of a length exceeding 2,5 km, with
no restriction of the presence on board of other kinds of
fishing gear .

As to the effort made to control the fishery and to avoid
conflict between the practitioners of different techniques,
the mission of the ' Northern Horizon ' is to aid the Member

States involved in their work of inspection and control of
fishing on the high seas . There will be on board both
Commission and Member State inspectors, so that this
vessel will have the capability to exercise inspection over all
the fleets if the national inspectors express the wish . In
addition each Member State involved in the albacore

WRITTEN QUESTION E-l 838 / 95

by David Hallam ( PSE )

to the Commission

( 28 J une 1995 )

( 95 / C 277 / 53 )

Subject : Soya milk

Will the Commission explain why soya milk was not added
to the list of exceptions nor to the amended list of exceptions
in the Council Regulation ( EEC ) No 1897 / 87 ('), which
prohibits the use of the name ' milk ' for certain products not
containing cow's milk, in the light of the two following
considerations :

1 . since the market in soya milk can hardly be considered a
threat to the milk market in Europe ;

2, since the list of exempted products includes products
called cream crackers and coconut milk ?

Will the Commission consider adding soya milk to the list of
exemptions or granting an exemption for the UK as the
change in name to a traditionally recognized product will
result in great consumer confusion and unnecessary burdens
on industry ?

C ) OJ No L 182, 3 . 7 . 1987, n . 35 .

Answer given by Mr Fischler
on behalf of the Commission

( 17 f ulv 1995 )

The use of the name ' soja milk ' for the designation of a
product processed from soya beans infringes Council
Regulation ( EEC ) No 1898 / 87 on the protection of
designations used in marketing of milk and milk products as
it uses for a product of wholly vegetable origin a name
reserved for dairy products . The use of this name has clearly
been illegal since the Commission, following the
management committee procedure, decided on 28 October

, 1988 on the list of product designations to be exempted
vessel will have the capability to exercise inspection over all

from the requirements of the Regulation in question . Soya

the fleets if the national inspectors express the wish . In milk was not included in this list because it was not
addition each Member State involved in the albacore

considered to satisfy the criteria for derogation set out in

( yellowfin tuna ) fishery will maintain its own inspection Article 3 ( i ) of the Regulation . Under these criteria the
to vessels control in the its fishing own fleet grounds ., in fulfilment of the obligation Commission for a product may, the authorize exact nature continued of which use of is a designation clear from

traditional usage and for which the designation is clearly
(') OJ No L 288, 1 1 . 10 . 1986 . used to describe a characteristic quality of the product .

( yellowfin tuna ) fishery will maintain its own inspection
vessels in the fishing grounds, in fulfilment of the obligation
to control its own fleet .

Following a further request from the United Kingdom
concerning the designation of soya milk the management

No C 277 / 30 EN Official Journal of the European Communities 23 . 10 . 95

committee met on 16 June 1994 to reconsider the question .
The committee confirmed that soya milk should not be
added to the list of products which are permitted to use
designations associated with dairy products whilst not being
dairy products themselves . The Commission does not
propose to re-examine the matter further .

The Commission opened infringement proceedings under
Article 169 EC Treaty against the United Kingdom in
respect of this matter in 1992 . The Commission issued a
reasoned opinion in 1993 .

If the infringement does not cease the Commission will bring
the matter before the Court of Justice . The United Kingdom
government has indicated that it will be taking steps to
comply with its obligations .

The Commission does not agree that prohibition of the use
of the word milk in connection with the designation and
marketing of the liquid foodstuff processed from soya beans
will be prejudicial to consumers or manufacturers of the
non-dairy product .

The product will continue to be manufactured by the same
manufacturers in basically the same packaging ; only the
reference to milk will need to be deleted . United Kingdom
consumers will therefore be able to buy the product of their
choice just as easily as at present .

The use of the terms ' cream crackers ' and ' coconut milk ' has
much longer history than the term ' soya milk ' and the nature
and normal manner of use of the first two mentioned
products is of course very different from that of cream or
milk .

WRITTEN QUESTION E-l 848 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

(3 July 1995 )

( 95 / C 277 / 54 )

Subject : Delay in payments for vocational training courses

financed by the European Social Fund

It has been reported in the media that in March 1992 a
modelling and dress-making course was set up in Frankfurt
for Portuguese immigrant women . This course was funded
by the European Social Fund ( ESF ) through the
intermediary of the Portuguese Government, and in
particular the Institute for Immigration Aid, as part of
Operational Programme No 9 .

Since the beginning of this course there were delays in the
payment both of the grants for trainees and of the salaries

for the teaching staff . At the end of the course payment had
been suspended since January 1994 and the relevant
diplomas were not awarded .

The Portuguese authorities tried to justify this delay by
pointing to the difficulties in transferring ESF funds .

This state of affairs is causing serious problems for
participants in the course since they neither receive the
money to which they are entitled, nor are they able to prove
that they attended the course, and thereby enhance their job

prospects .

Will the Commission say whether it can shed light on this
matter and, if so, what measures it intends to take to ensure
that participants in this course do not suffer as a result of
these delays and that their prospects are not blighted ?

Answer given by Mr Flynn
on behalf of the Commission

( 25 July 1995 )

The operational programme ' Training and employment for
migrants, adults and long-term unemployed ' was approved
by the Commission under the first Community Support
Framework ( CFS ) for Portugal ( 1989 — 1993 ). The
European Social Fund's contribution amounts to ECU 8,2
million .

The Commission has already transferred the sum of ECU

7,8 million, representing the whole of the 1990, 1991 and

1992 instalments and 80 % of the amount allocated for the

1993 instalment .

The Honourable Member was informed in the reply given
by the Commission to his Written Question No 926 / 95 (')
that the programme had been extended, at the request of the
Portuguese authorities, to 31 December 1994, which gave
rise to a delay in submitting to the Commission the request
for payment of the balance of the last instalment, an
essential condition for the transfer of the remaining 20%,

i.e . ECU 400 000 .

This request and the implementation report were submitted
on 21 March 1995 . Following initial examination of the
report, the Commission asked the Portuguese authorities for
further information . This information was provided on
30 May 1995, and the Commission proposed that the
balance be paid on 16 June 1995 .

The delay in this payment, which cannot be attributed to the

Commission, should not under any circumstances delay or
prevent the certification of training .

(M OJ No C 179, 13 . 7 . 1995, p . 59 .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 31

WRITTEN QUESTION E-l 852 / 95

by Anita Pollack ( PSE )

to the Commission

(3 July 1995 )

( 95 / C 277 / 55 )

Subject : Environment and clean technology

What steps is the Commission taking to turn the Berlaymont

building into an international showcase for clean energy
technologies ?

Answer given by Mr Liikanen

on behalf of the Commission

( 11 August 1995 )

Renovation of the Berlaymont is the sole responsibility of its
owners, the S.A. Berlaymont, in which the Belgian State is a
majority shareholder .

The location and size of the building make it ideal for
housing the Commission, provided safety is guaranteed and
its fittings and cost are acceptable . The Commission is
studying with the Belgian authorities the terms for its
possible return there . The final decision, which will have to
be approved by the budgetary authority, will be taken when
the Commission has before it a comprehensive proposal .
This is not the case at present .

Studies have not yet progressed to the stage where
techniques and materials can be selected . The Commission
continues to cooperate on technical matters with the Belgian
authorities ; when the time comes it will seek to ensure that
energy-saving and environmental protection are important
criteria in selecting the techniques to be used .

WRITTEN QUESTION E-1856 / 95

by José Happart ( PSE )

to the Commission

(3 July 1995 )

( 95 / C 277 / 56 )

Subject : Impact of monetary fluctuations on the income of

farmers

Is it not true that agri-monetary mechanisms benefit large
industrialists more than farmers ?

Does this not mean that the time has come to alter the green
rates ?

Are not the financial resources of the CAP being used to
cover organizational costs rather than products ?

Does the Commission recognize that monetary mechanisms
are not a real solution and are only a palliative for
preventing the CAP from becoming unmanageable as a
result of monetary instability ?

Answer given by Mr Fischler
on behalf of the Commission

( 20 July 1995 )

Given the many effects of the agrimonetary system, it cannot
be said that it systematically benefits or harms any single
category of operators .

Farmers ' interests are affected by rises and falls in the
exchange rates of their national currencies against the prices
or aids they receive, and by the capacity of the markets to
absorb their production in the face of national and
international monetary fluctuations .

The agrimonetary system was reformed at the beginning of

1993 to make it compatible with the single market and
subsequently revised in February 1 995 in the light of
experience . The variations in the way it works and the
compensations provided for were introduced to prevent or
alleviate adverse monetary effects on farmers ' incomes, even
where this might risk distorting trade flows .

The Commission therefore believes that the agrimonetary
system functions relatively well under normal monetary
circumstances and does not benefit industrialists more than

it does farmers . During a monetary crisis, such as the one
resulting from the fall in the dollar in the first half of 1995,
the system allows ad hoc measures to be taken as
circumstances require ; no general conclusions can yet be
reached on the basis of experience so far .

Sixty eight per cent ( 68 % ) of expenditure by the Guarantee
Section of the European Agricultural Guarantee and
Guidance Fund in the preliminary draft 1996 budget is
devoted to direct aids to producers and thirty two per cent

( 32% ) to refunds or assistance to support the prices they
reveive . That being the case, it certainly cannot be said that
funding of the common agricultural policy ( CAP ) goes more
on covering organizational costs .

The agrimonetary system is not an end in itself and is not
therefore intended to achieve a CAP objective all on its own .
The lack of a single currency renders the system necessary

No C 277 / 32 EN Official Journal of the European Communities 23 . 10 . 95

and it thus constitutes in this sense a remedial measure to WRITTEN QUESTION E - 1 8 76 / 95
ensure that the objectives laid down by the EC Treaty and by Jesús Cabezón Alonso ( PSE ) and
directly pursued by the common market organizations are Juan Colino Salamanca ( PSE )
achieved .

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

WRITTEN QUESTION E-l 865 / 95

by Wayne David ( PSE )

to the Commission

(3 July 1995 )

( 95 / C 277 / 57 )

Subject : Deletion of names on blacklists

Will the Commission confirm that to date it has not received

any response from either the UK or the Belgian
Governments to the Commission's letters of October 1994

asking for assurance that the names of the three members of
the Boore family, Alun, Rhys and Gwilym, be deleted from
any blacklists on which they appeared when their civil
liberties were breached and they were wrongly accused of
football hooliganism ?

If this is the case, will the Commission confirm that it will
follow up this complaint, lodged by Liberty in July 1994,
and ensure that responses from both governments be
obtained as a matter of urgency ?

Given that the Commission considers whether to bring
Article 169 proceedings twice yearly, and that the next
meeting for such considerations is in September / October

1995, will the Commission give Parliament its assurance
that, whether it has or has not received responses from the
two governments, it will bring Article 169 proceedings
against the Belgian and United Kingdom Governments ?

Answer given by Mr Monti
on behalf of the Commission

( 31 July 1995 )

As indicated in its answer to Oral Question H-601 / 94 by
Mrs Crawley ( 1 ), the Commission is currently looking into a
complaint concerning measures taken in respect of football
supporters by two Member States . It has asked both
Member States to provide further particulars on the case in
question . At the moment, it is unable to divulge any
information on how matters are progressing . The decision
as to whether infringement proceedings should be instituted
is for the Commission, as guardian of the EC T reaty, to take
once it has examined carefully the replies received from the
two Member States . The Commission cannot, therefore,
prejudge the action that will be taken in response to the
complaint .

(') Report of proceedings, 16 . 11 . 1994 .

to the Commission

(3 July 1 995 )

( 95 / C 277 / 58 )

Subject : Shortage of raw materials caused by the
drought

The drought in Spain is causing a major shortage of raw
materials, subjecting the country to very high consumer
prices which will raise production costs and have a negative
impact on inflation, unless there are hefty imports of the raw
materials in question .

Given that surpluses exist within the Union, would it not be
possible to establish mechanisms or levies whereby specific
raw materials could be imported at prices closer to the
Union intervention price than open international market
prices ?

Answer given by Mr Fischler
on behalf of the Commission

( 18 f uh 1995 )

The Commission is aware of the special situation developing
within the market in Spain as a result of the persistent
drought, in particular with regard to supplies to the
feed-grain market .

To cope with this situation, the Commission has decided to
place at the disposal of the Spanish market 550 000 tonnes
of barley and 300 000 tonnes of rye held by the intervention
agencies of Germany and the United Kingdom .

The Commission believes that this measure will have the

effect of stabilizing the Spanish internal market in
feed-grains .

WRITTEN QUESTION E-l 877 / 95

by Jesús Cabezón Alonso ( PSE ), Juan Colino

Salamanca ( PSE ) and Josep Pons Grau ( PSE )

to the Commission

(3 July 1995 )

( 95 / C 277 / 59 )

Subject : Guaranteed freedom of movement of goods

With reference to assaults and attacks on Spanish lorries in
France, which constitute a serious violation of the freedom
of movement of goods, the Commission undertook to
initiate proceedings against France at the Court of Justice if
it did not guarantee the right to exercise this freedom of

movement .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 33

On 3 June 1 995 there were further attacks on Spanish lorries
carrying fruit and vegetables .

Why has the Commission in this instance failed to institute
proceedings with the dispatch which it had promised ?

What measures are being or will be adopted to guarantee
freedom of movement of goods, one of the pillars of the
single market, in all Union Member States ?

Answer given by Mr Fischler
on behalf of the Commission

administrative provisions relating to direct insurance
undertakings ( 2 ).

The Commission is awaiting the outcome of these
negotiations and will consider what further action is
required in the light of developments .

C ) OJ No C 356, 31 . 12 . 1985 .

1 1 ) O J No C 253, 6 . 10 . 1989 .

( 31 July 1995 ) WRITTEN QUESTION E-l 891 / 95

by Gerardo Fernândez-Albor ( PPE )

In the light of the further incident in June and given the need
to protect the Community's internal market from acts of
violence and intimidation campaigns directed against the
transport and marketing in France of fruit and vegetables
from other Member States with the intention of imposing
the demand that preference be given to national or local
products, which are all too frequent and which are
inadequately controlled and penalized, the Commission has
deciced to refer the matter to the Court of Justice .

WRITTEN QUESTION P-1882 / 95

by Peter Crampton ( PSE )

to the Commission

( 29 June 1995 )

( 95 / C 277 / 60 )

Subject : Insolvency laws

When will the Commission bring forward a proposal to
harmonize European insolvency laws ?

Answer given by Mr Monti
on behalf of the Commission

( 28 July 1995 )

At this moment there are negotiations taking place under
Article 220 of the EEC Treaty on a draft European
bankruptcy convention . The draft convention aims to lay
down common rules in relation to which courts should have

jurisdiction for the opening of insolvency proceedings and
for the recognition and enforcement of judgments
concerning insolvency proceedings .

There are also two proposals for Directives before the
Council . They are, firstly, a proposal for a Directive on the
reorganization and winding-up of credit institutions and
deposit guarantee schemes ( 1 ) and secondly, a proposal for a
Directive on the coordination of laws, regulations and

to the Commission

(3 July 1995 )

( 95 / C 277 / 61 )

Subject : Community financial compensation for the
fisheries sector in Vigo

In recent statements to the Spanish press the European
Commissioner responsible for fisheries stated that the aim
of measures to conserve stocks taken by the European Union
was not to annoy fishermen and that she was acting in the
interest of future generations of fishermen, that there were
too many fishermen for too few fish and that the Vigo fleet
habitually fished in the waters of developing countries,
which were now building up their own fleets to exploit their

resources .

It may be deduced from such statements that the
Community fisheries authority does not envisage a very
bright future for the Vigo fishing industry . Nevertheless, it is
clear that the Commissioner quoted above is aware of
Vigo's importance and that the problems mentioned in her
statements require the Commission to undertake a detailed
analysis of both the difficult situation currently being
experienced by that city and of the future action which this
delicate situation requires .

Can the Commissioner responsible for fisheries state
whether she considers that the Commission as a whole

should undertake a rigorous analysis of the situation
currently affecting the sector and propose an aid and
conversion plan for the fishing industry ?

Answer given by Mrs Bonino

on behalf of the Commission

( 20 July 1995 )

The Commission shares the concern of the Honourable

Member with regard to the Spanish fishing fleet operating
out of the port of Vigo and the fishing industry affected by
the crisis which that fleet is suffering . The Commission
would like to draw his attention to the fact that, under the

No C 277 / 34 EN Official Journal of the European Communities 23 . 10 . 95

Objective 5(a ) operational programme for Objective 1
regions, Spain is able to implement the structural measures
which it judges necessary provided they are in conformity
with the Structural Fund Regulations . The Community
Initiative ' Pesca ' also exists to complement the role of the
financial instrument for fisheries guidance . ' Pesca ' is aimed
at encouraging highly targeted projects to help the fishing
industry to transform itself successfully and diversify the
socio-economic fabric of coastal areas .

Finally, if the Spanish authorities were to submit to the
Commission an application to introduce a national scheme
to grant appropriate aid, this would be considered in line
with the current rules on such schemes .

promoting self-sufficiency in the Community through
voluntary unpaid donations . This resolution also identifies
as one of the main activities the dissemination to the public
of information on blood and blood products and on
collection, processing and transfusion procedures, taking
into account socio-cultural differences . The Commission

will pursue this invitation from the Council .

C ) COM ( 94 ) 652 final .
(-) INRA ( Europe ). Eurobarometer 41.0 ; Europeans and Blood ;
European Commission, Februarv 1995 .
p ) OJ No C 164, 30 . 6 . 1995 .

WRITTEN QUESTION E-l 897 / 95

by Joaquín Sisó Cruellas ( PPE )
WRITTEN QUESTION E-l 895 / 95 to the Commission

by Joaquín Sisó Cruellas ( PPE )

(3 July 1 99 5 )

to the Commission
( 95 / C 277 / 63 )

(3 July 1 995 )

( 95 / C 277 / 62 )

Subject : Tax advantages offered by certain Spanish
regions

Subject : Union's self-sufficiency in blood and plasma
products

The European Association for Plasma Products ( EAPPI )
considers it necessary to promote donation schemes and
harmonize the collection of such products and the relevant
statutory controls at European level in order to achieve
self-sufficiency in blood and plasma within the Union .

Has the Commission taken any steps to encourage
European citizens to donate blood ?

With regard to the harmonization of collection and
statutory controls, what are the Commission's views on the
possibility of setting up a single supervisory authority for the
whole of Europe, a measure supported by the EAPPI ?

Answer given by Mr Flynn
on behalf of the Commission

( 24 July 1995 )

The Commission's communication on blood safety and
self-sufficiency in the Community (') summarized the
findings of the Europabarometer survey ( 2 ) on the
knowledge, attitudes and behaviour of Community citizens
regarding blood and blood donations .

In response to this communication, the Council adopted a
resolution ( Council resolution of 2 June 1 995 on blood
safety and self-sufficiency in the Community ) (*) in which
the Commission is invited to define a strategy for reinforcing
trust in the safety of the blood-transfusion chain and for

In reply to my earlier Written Question to the Commission,
E - 1 95 1 / 94 ('), I was informed that the Commission had
launched an investigation to verify whether the tax measures
introduced by Provincial Laws 12 / 1 993 ( Navarre ), 18 / 1993

( Alava ), 5 / 1993 ( Vizcaya ) and 1 1 / 1993 ( Guipuzcoa ) were
compatible with the common market .

Can the Commission state what conclusions it has reached

following this investigation ?

C ) OJ No C 30, 6 . 2 . 1995, p . 39 .

Answer given by Mr Van Miert

on behalf of the Commission

( 28 July 1995 )

The enquiries initiated by the Commission into the tax
measures introduced by Ley Foral 12 / 93 of Navarre and
Normas Forales 18 / 1993 of Alava, 5 / 1993 of Vizcaya and

1 1 / 1993 of Guipuzcoa have not yet been completed .

The Commission has been investigating the extent to which
the measures concerned are covered by Article 92(1 ) of the
EC Treaty, in that they were introduced by a provincial
or regional authority . This presupposes a thorough
examination not only of the Spanish tax system, and in
particular the system applying in the three Basque provinces
and Navarre, but also of systems of local authority taxation
generally in the Community . The Commission is collecting
the necessary information, and this involves much
compilation and analysis .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 35

Not until the above points have been elucidated will it be
possible for the Commission to take a decision on the tax
measures concerned .

results will be known at a sufficiently early stage ( which is
possible, given the level of know-how in the two countries
concerned )?

WRITTEN QUESTION P-2020 / 95

by Sérgio Ribeiro ( GUE / NGL )
WRITTEN QUESTION E-l 904 / 95 to the Commission

by Bill Miller ( PSE )

(4 July 199 S )

to the Commission
( 95 / C 277 / 66 )

(3 July 1995 )

( 95 / C 277 / 64

Subject : Intergovernmental Conférence

The Directive on voting in municipal elections has to be
transposed into international law by the end of 1995 . Will
all Member States have complied by then ?

Subject : Draft study of the quantity and quality of water in

the hydrographie basins of the rivers of the Iberian
Peninsula

Portuguese MEPs have learned of the existence of a draft
study, No 950027001, on the above subject .

Can the Commission confirm that this draft study exists ? Is
there a final version of its terms of reference ? What are the

deadlines, and will it be put out to tender in the Official

Answer given by Mr Monti Journal ?
on behalf of the Commission

( 31 July 1995 )

The Honourable Member raises the question of whether
Member States will have, by the end of 1995, implemented
Directive 94 / 80 / EC of 19 December 1994 laying down
detailed arrangements for the exercise of the right to vote
and to stand as a candidate in municipal elections by citizens
of the Union residing in a Member State of which they are
not nationals ( 1 ).

At : his stage, the Commission has no indication that
Member States will not bring into force the laws, regulations
and administrative provisions necessary to comply with the
Directive, before 1 January 1996, in accordance with the
provision of Article 14 thereof .

(') OJ No L . 368, 31 . 12 . 1994 .

WRITTEN QUESTION E-1915 / 95

Joint answer to Written Questions

E-1915 / 95 and P-2020 / 95

given by Mrs Wulf-Mathies
on behalf of the Commission

( 28 July 1995 )

The Commission did indeed plan to carry out a study of the
water resources of the Iberian Peninsula .

Work on the study has not yet commenced however, the
Commission having decided that it would be better first of
all to draw up an inventory of the studies available on this
subject .

On the basis of the examination of the inventory currently
under way, the Commission will take a decision on whether
to launch one or more additional studies of the problem of
water in the Iberian Peninsula .

by José Barros Moura ( PSE )
WRITTEN QUESTION E                    - 1 92 3 / 95

to the Commission
by Horst Schnellhardt ( PPE )

(3 July 1995 )

( 95 / C 277 / 65 )

to the Commission

(3 July 1995 )

( 95 / C 277 / 67 )
Subject : Water resources in the Iberian Peninsula

In view of the urgency of the drought problems and the
pressing need for hydrological plans, can the Commission
say when the study on the quantity and quality of the water
in the hydrological basins of the Iberian Peninsula's rivers

( draft study 950027001 ) will be available and whether the

Subject : Import of cement at dumping prices from countries

of central and eastern Europe

1 . Is the Commission aware that the import of cement at
dumping prices, particularly from the Czech Republic and

No C 277 / 36 EN Official Journal of the European Communities 23 . 10 . 95

Poland, meets 10% of the cement requirements of the
Federal Republic of Germany as a whole, and as much as
40 % in the new ( former East German ) Lander, resulting in
the closure of kilns in several cement factories ?

2 . Does the Commission intend to initiate anti-dumping
procedures ? Or have measures to this end already been
taken, and if so, to what effect ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(7 September 1995 )

On 28 April 1994 the Commission opened an anti-dumping
proceeding concerning imports of Portland cement
originating in Poland, the Czech Republic and the
Slovak Republic into certain regions of Germany,
namely Berlin, Brandenburg, Mecklenburg-Vorpommern,
Sachsen, Sachsen-Anhalt, Thuringen, Bayern and
Baden-Wurttemberg (').

The Commission then sent questionnaires to the producers,
exporters and importers concerned .

Checks were carried out at the firms concerned and the

results are being analysed in order to decide what steps
should be taken . The share of imports from the three
countries in the markets of regions referred to above rose
from 17,7% in 1991 to 26,4% in the period between the
second quarter of 1993 and the first quarter of 1994, the
period under investigation in the anti-dumping proceeding .
Note, however, that this increased market share is not
necessarily attributable to dumping .

(') O J No C 117, 28 . 4 . 1994 .

WRITTEN QUESTION E-1928 / 95

by Alex Smith ( PSE )

to the Commission

(6 July 1995 )

( 95 / C 277 / 68 )

Subject : United Kingdom Potato Marketing Board

Would the Commission supply its views on the
compatibility of the levy applied by the Potato Marketing
Board in the United Kingdom with Articles 37 and 85 of the
EEC Treaty ?

Answer given by Mr Van Miert

on behalf of the Commission

( 27 J ulv 1995 )

On the basis of the information available to it, the
Commission sees no grounds for considering that a levy
imposed by the United Kingdom potato marketing board
might constitute an infringement of either Article 37 or 85 of
the EC Treaty .

Article 85 is concerned with agreements between private
undertakings which have the object or effect of restricting
competition ; the Article is not applicable to the present
situation which appears to involve the exercise by the board
of its statutory powers to levy producers .

Article 37 of the EC Treaty requires Member States to
ensure that State monopolies which effect intra-Community
trade are adjusted to eliminate discrimination against
imports ; such adjustment was to have taken place by the end
of a transitional period which, in the case of the United
Kingdom, has already expired . To the best of the
Commission's knowledge, there is no indication that the
United Kingdom potato marketing board is engaged in any
discrimination against imports, by means of a levy or
otherwise .

WRITTEN QUESTION P    - 1 933 / 95

by Riccardo Garosci ( UPE )

to the Commission

( 23 f une 19 95 )

( 95 / C 277 / 69 )

Subject : EIB aid for the November 1 994 natural disasters in

Italy

Under its Statute, the European Investment Bank is required
to provide financing in all sectors of the economy . However,
this principle is now being infringed by the EIB as it is
excluding retail undertakings from eligibility for aid . This
would appear to be confirmed in the case of the Lit 1 200
billion loan recently granted by the EIB to undertakings
which suffered damage in the floods which occurred in
November 1994 in Piedmont, Lombardy and Liguria .

Can the Commission therefore ask the EIB to explain the
reasons behind this decision, given that it is absurd that,
even in the face of natural disasters, the EIB should continue
to discriminate against retail undertakings ( mainly SMUs )
which represent one of the sectors hardest hit by the disaster
and one of the essential components for the socio-economic
recovery of the areas in question ?

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 37

Answer given by Mr de Silguy

on behalf of the Commission

Answer given by Mr Fischler
on behalf of the Commission

( 13 July 1995 ) ( 31 July 1995 )

While the texts establishing the European Investment Bank

( EIBl and describing its mission in support of European
integration have been changed during the 37 years of its
existence, the EIB has continously adapted the eligibility
criteria for its finance to evolving Community policy
objectives .

An example to which the Honourable Member is certainly
aware, is the extension of eligibility for EIB finance to
investment implemented by small and medium sized
enterprises ( SME ) anywhere in the Community, not just in
regional development areas as had been previously the case .
What has remained unchanged is that the EIB provides
long - term finance for fixed capital investment — directly or
indirectly, as in the case of SME's, through its global loans
— and not working capital .

Beanng in mind that retail trade has relatively limited needs
for fixed capital investment, priority for EIB finance was
given to the productive sector and services linked to this
sector as well as tourism . Investment of some 35 000 small

and medium sized enterprises of this kind was supported
with EIB funds in the past five years . The EIB is now
cons dering a further extension of its eligibility criteria,
which may include fixed investment of retail trade .

WRITTEN QUESTION E-l 937 / 95

by Ian White ( PSE )

to the Commission

(6 July 1995 )

( 95 / C 277 / 70 )

Subject : British barley reserves

Reports in the British press suggest that the Commission has
ordered ' more than half of Britain's barley reserves to be
sent to Spain at a knock-down price as food for livestock '
and that ' British barley will be sold to Spain at £93,24 a ton,
£23,52 a ton cheaper than the official intervention price and
more than £30 a ton cheaper than British pig and poultry
farmers are currently paying .'

Would the Commission advise what was the reason for this

decision and under what circumstances was it made ?

Spain has suffered severe drought conditions during the last
three years . This has resulted in a reduction in grain
production to a level far lower than demand, a 20 %
increase in grain prices above the intervention price level and
a drastic reduction in the level of intervention stocks . As a

consequence there is a serious grain supply shortage in
Spain, affecting mainly the animal feed industry . To alleviate
these exceptional circumstances Community intervention
grain, including that stored in the United Kingdom, is being
made available for exclusive supply to the Spanish market .
The sales are being carried out at a price level which, taking
into account the transport costs between the United
Kingdom and Spain, allows the resale of the grain on the
Spanish market at the local price level . Consequently the
supplying of the Spanish market is not being carried out in
more favourable conditions than those on the United

Kingdom market .

WRITTEN QUESTION P    - 1 944 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 23 June 1995 )

( 95 / C 277 / 71 )

Subject : Risk of damage to the region of Meteora

The ' Kalambaka-Pyli Development Centre Ltd .' has drawn
up an intensive tourist development programme involving
the establishment of reception and information centres,
transport arrangements and leisure parks . This undertaking
has announced that it is preparing a study for submission as
part of the Community programme Leader . However, the
region in which the monasteries of Meteora are located,
which constitutes a site of unique historical and religious
importance and of exceptional natural beauty, is protected
by Greek laws KN 5351 / 32 on antique sites and N

1469 / 50 .

Does the Commission agree that :

1 . It cannot finance development programmes which will
affect and, indeed, destroy the unique historical, natural
and religious character of the site ;

2 . Whatever measures are taken must be non-intrusive and

strictly respect Community, and especially Greek,
legislation on the protection of the environment ; and

3 . These measures must be approved by all the parties
concerned, including the monasteries of Meteora ?

No C 277 / 38 EN Official Journal of the European Communities 23 . 10 . 95

Answer given by Mr Fischler Answer given by Sir Leon Brittan
on behalf of the Commission on behalf of the Commission

(1 August 1995 ) (7 September 1995 )

The Commission would stress that the imminent approval
of the Leader II programme for Greece does not in any way
mean that the proposals from the various candidate local
action groups ( LAGs ) will be automatically approved . The
draft programme submitted by the Greek Government
provides for a thorough appraisal and selection of
proposals . Furthermore, the Commission communication
on the Leader II programme clearly provides for
consultation with the public in the areas in which those LAG
operational programmes qualifying for Leader funding are
to be carried out . For its part, the Commission, sensitive as it
is to all of the aspects mentioned by the Honourable
Member, will ensure through its partnership in the venture
that Community legislation and the rules on the sound
management of Structural Fund resources are complied
with .

At the signing in Marrakesh on 5 April 1 994 of the Final Act
embodying the results of the Uruguay Round multilateral
trade negotiations, the ministers representing the
Contracting Parties to GATT adopted a decision on trade
and the environment . This decision provided for the
setting-up, within the framework of the World Trade
Organization ( WTO ), of a committee to identify linkages
between trade and environmental measures with a view to

the promotion of sustainable development . The committee
was formally established on 1 January 1995, the date on
which the WTO itself was set up .

The ministerial decision adopted in Marrakesh also
prescribed for the committee a work programme, under
which it should in particular examine :

— the relationship between the rules of the multilateral

trade system and certain measures taken for
environmental purposes, notably trade measures
planned under multilateral environmental agreements,
charges and other levies and stipulations concerning
products ;
WRITTEN QUESTION E-1951 / 95

by Wolfgang Kreissl-Dorfler ( V ) — transparency and the machinery for settling disputes ;

to the Commission

(6 July 1995 )

( 95 / C 277 / 72 )

Subject : WTO Committee on Trade and the
Environment

A Committee on Trade and the Environment is attached to

the General Council of the newly established World Trade
Organization ( WTO ). According to various statements —
by the Federal Republic of Germany among others — an
extensive programme of work has already been adopted for
this committee .

What does this programme comprise, and what is its
timetable ? By whom are the European Union and its
Member States represented on the committee ? How many
are they in proportion to the total number of people or
institutions / countries involved ? What is the purpose of this
committee if, as the German Government says in Circular

1 3 / 926 of 30 March 1 995, the WTO ' has neither a mandate
nor the necessary expertise to organize international
cooperation in the environmental sphere '?

On what specific aspects was the emphasis placed in the
Committee on Trade and the Environment during the
French Presidency, and on what new aspects will it be placed
during the Spanish Presidency ?

— exports of products prohibited on the internal
market .

Under its terms of reference, the committee is due to present
a report at the first biennial meeting of the ministerial
conference of WTO members which will be held in
Singapore in December 1996 . In its report the committee
may, if it so sees fit, make recommendations for the
multilateral trade system rules to be amended .

The committee is open to all members of the WTO

( approximately 130 ). The Community as such, and its
Member States, participate in the committee's proceedings .
The following international organizations and bodies are
also invited to participate as observers : the United Nations,
the United Nations Environment Programme, the Food and
Agriculture Organization of the United Nations, the
International Trade Centre, the United Nations
Development Programme, the Organization for Economic
Cooperation and Development, the European Free Trade
Association, the Commission for Sustainable Development,
the International Monetary Fund, the United Nations
Conference on Trade Development and the World Bank .

The agenda of the meetings is decided by the chairman of the
committee, in agreement with the WTO secretariat and in
accordance with the work programme prescribed by the
ministerial decision . Before each meeting the Commission

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 39

prepares a working paper for discussion within the
Council's Article 113 Committee with a view to the

adoption of a common position . Consultations between the
Commission and the Member States also take place in
Geneva on the occasion of the Council meetings .

cost of the drug which may vary for example according to
income levels or types of drugs, some Member States, such
as the United Kingdom and the Netherlands, have a flat rate
per prescribed item, and others have a system which
combines a percentage with a flat rate . A number of Member
States, including the United Kingdom, also exempt certain
groups from having to make any payments for their
prescription drugs .

How the system of prescription charges functions in each
WRITTEN QUESTION P-1957 / 95 Member State is a matter for the national authorities .

by Glenys Kinnock ( PSE )

to the Commission

( 28 June 1995 )

( 95 / C 277 / 73 )

Subject : Prescription charges in the UK

Is the Commission aware that in the UK the cost to patients
of some medicines is being held at an artificially high level as
a result of enforced National Health Service ( NHS )
prescription charges ?

In a significant number of cases, this has resulted in British
patients paying 50 % more for their medicines, as chemists
are forced to charge high prescription charges, even when
they do not wish to .

Is this system practised in other Member States ? What are
the prescription charges in other Member States ? If the cost
of medicines is kept artificially above market price, is this
not in contravention of the rules of the single market and
Community competition rules ?

Does the Commission agree that it is iniquitous for
pharmaceutical companies to profit in this way from people
who are ill, and detrimental to the attainment of a high level
of health protection enshrined in the Treaty of
Maastricht ?

WRITTEN QUESTION E    - 1 966 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(6 July 1 995 )

( 95 / C 277 / 74 )

Subject : Facilities in EU buildings

Can the Commission state what facilities are provided in its
various buildings for the benefit of its officials ?

In which building is each facility housed, and what are each
facility's opening times ? Are specialist staff employed in
these facilities and, if so, how many, and by whom are they
paid ?

Finally, what infrastructure is made available outside the
Commission's buildings at the EU's expense, and how much
does it cost ?

Answer given by Mr Liikanen

Answer given by Mr Flynn on behalf of the Commission
on behalf of the Commission
(7 September 1 995 )
( 19 July 1995 )

The system of requiring patients to make a financial
contribution towards the cost of the medicines they are
prescribed exists throughout the Community and in other
developed countries . It has been introduced by governments
as a method of helping to meet health care costs, and has no
direct effect on the amount pharmaceutical companies
receive for their products .

Although such co-payment systems are very common, the
amoi nts that patients have to pay and the way that these are
calculated vary between countries . Most Member States
operate a system in which patients pay a percentage of the

In view of the numbers and the diverse cultural and

linguistic origins of its staff, the Commission provides them
with a number of facilities, such as the Reception and
Information Offices, the Economat staff shops, restaurants,
cafetarias, and the inter-institutional Foyer, multi-sport
centre, creches and child-minding centres . A detailed list of
facilities provided in the first six months of 1995, their
location and opening times has been sent directly to the
Honourable Member and the Secretariat of Parliament .

These facilities are managed under the responsibility of the
Commission .

No C 277 / 40 EN Official Journal of the European Communities 23 . 10 . 95

Part of the costs of these activities is borne by the users .

The facilities are provided only in buildings rented or owned
by the Commission . In Brussels, the creche on Avenue
Palmerston, the after-school child-minding centre at rue
Philippe-le-Bon, the European Interinstitutional Centre at
Overijse and the central kitchens at Haren are located in
premises specially designed for the purpose . The other
facilities are provided in buildings mainly used for
offices .

In Luxembourg, the facilities for children are located in two
specific buildings, one on the Kirchberg and another at
Weimershof which is used as a creche, after school
child-minding centre and study centre . The other facilities
are provided in buildings mainly used for offices .

Details regarding the number of persons engaged in
managing these activities, the breakdown into permanent
staff and outside staff, the cost to users and the cost of the
premises specially rented for particular activities are given in
the list referred to above .

3 . What role was played in the approval of operational
programmes by the 10th Chapter of the White Paper on
Growth, Competitiveness and Employment ?

4 . What role was played in the approval of the operational
programmes by the applicability of the measures to
more complex situations, their innovative character,
their ability to serve as models and their transferability
with a view to the sustainable development of rural
areas ?

5 . To what extent was it possible to demonstrate
convincingly to the Commission that the environmental
authorities were involved in working out the varoius
phases of planning the Leader II operational
programmes ?

6 . What is the Commission's opinion of the level of
participation or consultation of the ultimate
beneficiaries, i.e . the local action groups or other
collective bodies, in the drawing up of operational
programmes ?

Answer given by Mr Fischler
on behalf of the Commission
WRITTEN QUESTION P-l 967 / 95

by Elisabeth Schroedter ( V )

to the Commission

( 28 J une 1995 )

(9 SIC 277 / 75 )

Subject : Assessment of operational programmes under

Leader II by the five new Federal Lander

Within the overall concept of the complex process of rural
development the Community initiative Leader II, continuing
the work done under Leader I, is intended, over the period

1994 / 1998, to support action groups developing and
carrying out initiatives which are particularly innovative,
transferable and capable of serving as models . Leader II is
characterized by the complexity of its support criteria .

1 . Were the operational programmes of the five new
Lander approved by the Commission in the form in
which they were submitted by the Lander ?

2, ( a ) If so, to what extent were reactions to the
Commission's Green Paper on Community
initiatives relating specifically to the Leader
Community initiative on rural development taken
into account in the approval of projects under
Leader II ?

( b ) If not, what criticisms did the Commission have of
the individual operational programmes ? Are the
Land administrations concerned prepared to accept
the criticism and amend their operational
programmes accordingly ?

( 24 j u ly 1995 )

1 . The relevant operational programmes ( OPs ) for
Leader II were sent to the Commission on 3 November

1994 . In the framework of the partnership these OPs have
been discussed and modified and were adopted, largely
unchanged, by the Commission on 29 March 1995 .

2 . Following the reactions to the Commission green
paper on the Community initiatives further emphasis has
been put on job-creating activities, alternative use of
agricultural production as well as on the use of agricultural
residuals .

3 . In approving the OPs, the requirements of chapter 10
of the Commission green paper on ' growth competitiveness
and employment ' have been fully taken into account .
Priority is given to projects creating durable jobs and
ensuring a sustainable use of natural resources .

4 . In the framework of Leader II only innovative projects
will be supported . Importance is given to the capacity to
function as a model .

5 . The new Lander have ensured the Commission that
their services responsible for environment protection have
been involved in the development of the programmes .
Further information on this topic, which has also been
discussed at some European round tables, can only be
provided by the new Lander themselves .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 41

6 . The OPs show that local Leader II-groups have been
involved in the creation of the programmes and that their
needs have been taken into account .

WRITTEN QUESTION E    - 1 970 / 95

by Tony Cunningham ( PSE )

to the Commission

(8 July 1995 )

( 95 / C 277 / 76 )

Subject : Tax paid on crossing the German / Austrian
border

Can the Commission confirm that, now Austria has joined
the EU, controls at the German / Austrian border on
non-German coach operators have now ceased and that
German authorities, therefore, are no longer able to charge
VAT ( or a turnover tax ) at the border ?

Answer given by Mr Monti
on behalf of the Commission

( 31 July 1995 )

Since the entry into force of Council Directive 91 / 680 / EEC
of 16 December 1991 concerning the single market
transitional system for VAT on 1 January 1993 ('), ithasnot
been permissible to make use of controls at frontiers
between any of the Member States for the purpose of
charging VAT on intra-Community supplies of goods or
services . Now that Austria has joined the Community, that
applies equally to the supply of transport services to
passengers travelling in coaches crossing the Austrian
border into Germany .

However, the abolition of the border controls has no impact
on the obligations of coach operators, including
non-German operators, to pay value added tax to the
German authorities in respect of the transport services
supplied on German territory, having regard to the distances
covered . The sixth VAT Directive 77 / 388 / EEC ( 2 ) allows in
Article 9.2(b ) the taxation of a non-German coach operator
for transport services supplied on German soil . The part of
the transport services which is supplied in Germany is
taxable at the standard rate of 15 % .

WRITTEN QUESTION P    - 1 977 / 95

by Peter Skinner ( PSE )

to the Commission

( 28 June 1 995 )

( 95 / C 277 / 77 )

Subject : Merger between Glaxo and Wellcome in the

United Kingdom

Can the Commission confirm whether the above merger
between Glaxo and Wellcome is against EC Rules on
competition ? Has the above merger been referred to it by the
UK Government ?

Answer given by Mr Van Miert

on behalf of the Commission

(1 7 July 1 995 )

The public bid launched on 30 January 1995 by Glaxo Pic
for the acquisition of Wellcome Pic was notified to the
Commission pursuant to Article 4 of Council Regulation

( EEC ) No 4064 / 89 (') ( the merger Regulation ). After
examination of the notification, the Commission decided
not to oppose the concentration, because it did not lead to
the creation or strengthening of a dominant position in a
significant part of the common market, and as such, did not
raise serious doubts as to its compatibility with the merger
Regulation . The Commission is sending a copy of the
decision approving the operation direct to the Honourable

Member and to Parliament's Secretariat .

The public bid had a Community dimension within the
meaning of the merger Regulation due to the size and
turnover of the companies in question as well as the
geographic scope of their activities throughout the
Community . As a consequence of this, the operation was
able to benefit from the ' one-stop shop ' procedure decided
by the Council in the merger Regulation . This means that if a
concentration is above the thresholds set out m the

Regulation, the operation falls within the sole jurisdiction of
the Commission to decide on its compatibility with the
competition rules . If, on the other hand, a concentration is
below the thresholds in question, it falls outside the scope of
the regulation and thus the Commission's jurisdiction . It is
then examined by the Member State competition
authorities . The case of Glaxo and Wellcome was over the

tresholds, and thus it fell automatically within the
Commission's competence without any need for a referral
from the United Kingdom Government .

(') OJ No L 376, 31 . 12 . 1991 .

( 2 ) OJ No L 145, 13 . 6 . 1977 . (') OJ No L 395, 30 . 12 . 1989 .

No C 277 / 42 EN Official Journal of the European Communities 23 . 10 . 95

WRITTEN QUESTION E    - 1 984 / 95

by Nel van Dijk ( V )

to the Commission

(8 July 1995 )

( 95 / C 277 / 78 )

Subject : Distortion of competition as a result of aid
provided by The Hague City Council

Is the Commission aware of the level of the cash subsidy
which The Hague City Council used to persuade the
American company Software Support Inc . to site its first
European facility in The Hague rather than Leiden (')?

Does that subsidy amount to FL 500 000, including Fl
250 000 from The Hague City Council's coffers ?

Has it been notified to the Commission in accordance with

Article 93(3 ) of the EC Treaty ?

Does it constitute competition-distorting state aid within
the meaning of Article 92(1 ) of the EC Treaty ?

Will the Commission take steps, in accordance with Article
93(2 ) of the EC Treaty, to ensure that the subsidy is
suspended, prohibited or paid back ?

(') NRC Handelsblad, 15 June 1995 .

Answer given by Mr Van Miert

on behalf of the Commission

( 31 July 1995 )

Having received the information from the Honourable
Member, the Commission has asked for clarification from
the Netherland authorities . A reply has not yet been
received .

The Commission will inform the Honourable Member of
what is being done as soon as the information requested is
supplied .

WRITTEN QUESTION E-l 990 / 95

by Ralf Walter ( PSE )

to the Commission

(8 July 1995 )

( 95 / C 277 / 79 )

Subject : Social policy programmes

What social policy programmes exist :

— to provide institutional support for establishments

tackling problems of the labour market and / or self-help
for old people and families ?

— to improve the social infrastructure or adapt it to new

demographic realities ?

— to create a network of small, decentralized social
establishments to replace the large diffuse social security
organizations remote from people's real needs ?

Are there programmes to promote projects proposing new
social infrastructure models ?

Where are new networks being tried out which tackle
problems in a multi-dimensional way ?

Answer given by Mr Flynn
on behalf of the Commission

( 13 September 1995 )

The Commission on 1 March 1995 adopted a proposal for a
Council Decision on Community support for actions in
favour of older people (') with the following objectives :

— to identify ways to develop the role and potential of the

active retired population ;

— to promote best practice in relation to improving the

situation of older women, the management of an ageing
workforce, the transition from work to retirement, and
the care and access to care for dependent older
people ;

— to strengthen solidarity between generations and the

integration of older people in danger of isolation .

The Community initiative Employment aims to improve
employment prospects for three key target groups who face
disadvantages in, and possible exclusion from, the labour
market : women, disabled people, socially excluded groups
and young people with no basic skills and qualifications .
Priority is given to projects seeking to test new approaches
to training, guidance, counselling and employment services,
which are better geared to the needs of those groups .

Under the Employment initiative, a key feature will be the
promotion of networking of projects working on similar
themes . At project level, partnerships will seek to involve
key actors from different sectors or services ( eg . national,
regional or local administrations ; non-governmental
organizations ; training institutions ; the voluntary sector ; the
social partners ; the private sector ), with a view to promoting
a multi-dimensional approach to tackling the problems
faced by the target groups . Once the projects are under way,
priority will be given to grouping together, at national and
Community level, projects working in key areas, in order to
maximise the multiplier effect and the dissemination of the
results of innovative approaches . The first indicative results

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 43

of such networking should be available by the end of

1996 .

C ) COM(95 ) 53 final — O J No C 115, 9 . 5 . 1995 .

WRITTEN QUESTION E    - 1 996 / 95

by Jacques Donnay ( UPE )

to the Commission

(8 July 1995 )

( 95 / C 277 / 80 )

Subject : Effects of agri-monetary disturbance on
competition among European ports

The system of the common agricultural policy and the
current agri-monetary disturbance are at the cause of
serious distortion of competition among European ports .

In the export of sugar and other agricultural products,
exporters from northern Europe now prefer to operate from
Belgian ports rather than the port of Dunkerque, in order to
obtain higher export refunds .

What measures are envisaged by the European Union to
reste re the conditions for healthy and fair competition
among European ports in this area ?

Answer given by Mr Fischler
on behalf of the Commission

and not just a passing phenomenon caused by
speculative movements . To this end the threshold system
is reinforced by periods allowing for the monetary trend
to be confirmed before the green rate is adjusted .

The monetary upheavals of the last few months have
demonstrated the value of this system . The market rates for
various currencies have sometimes altered considerably, at
times crossing the threshold triggering a revaluation of the
green rate and at other times remaining within it .

During the confirmation period the monetary gap between
the green rate for a currency and its market value may be
sufficiently great to make it appear financially advantageous
to divert exports to another Member State . This is the case
when the additional transport costs involved m sending the
goods to another Member State are less than the profit
resulting from the export refund being paid in the currency
of that Member State while its green rate has not yet been
revalued .

This may result during the confirmation period — which,
however, is not particularly long — in diversions of trade
which may be perceived as distortions of competition . The
situation changes as soon as the green rate is altered and the
monetary gap returns to normal . Thus, in late June and early
July 1995 the green rates for certain Community currencies

were revalued, with the result that the diversion of exports
mentioned by the Honourable Member was no longer
attractive .

( 31 July 1995 ) WRITTEN QUESTION P-2000 / 95

by Glyn Ford ( PSE )

to the Commission

The agrimonetary system in force since 1 February 1995 is
based on the principle that green rates are altered in line with ( 29 J une 1995 )
monetary developments . In principle there should not be too ( 95 / C 277 / 81 )
great a difference between the green rate and the real value
of a currency . However, the existence of a ' threshold ' which
must be exceeded before the green rate is changed may delay
any adjustments . Subject : Excise duty on alcohol

The aims of this system are two-fold : Council Directive 92 / 84 / EEC ( ) on the approximations of
the rates of excise duty on alcohol and alcoholic beverages

— firstly, to prevent the green rates being altered too requires, through Article 8, the Commission to report to the

frequently, and possibly in opposite directions, so as to Council on the effectiveness of the minimum rates of duty
ensure that the prices and other amounts fixed in ecus taking into account the proper functioning of the internal
under the common agricultural policy remain fairly markt, competition between the different categories of
stable in national currency terms ; alcoholic drinks, the real value of the rate of duty in the

wider objectives of the Treaty .

— firstly, to prevent the green rates being altered too

frequently, and possibly in opposite directions, so as to
ensure that the prices and other amounts fixed in ecus
under the common agricultural policy remain fairly
stable in national currency terms ;

— secondly, to make sure, particularly when the green rate

for a currency is revalued ( causing the amounts fixed in
ecus to fall in terms of national currency ), that the
monetary trend on the exchange market is fairly definite

Will the Commission give an assurance that its first report to
the Council will make proper proposals to remedy the gross

No C 277 / 44 EN Official Journal of the European Communities 23 . 10 . 95

difference in duty rates between France and the UK which
has led to cross-border shopping and smuggling of beer at a
level equal to half the total Irish beer market ?

(') OJ No L 316, 31 . 10 . 1992, p . 29 .

Answer given by Mr Monti
on behalf of the Commission

( 14 July 1995 )

The report on excise duty rates is likely to be adopted by the
Commission in July, and will then be presented to the
Parliament and the Council .

Whilst not wishing to speculate on its possible contents in
advance, it may be noted that cross-border shopping by
private individuals for their own personal use is a legitimate
consequence of the internal market . To the extent that
differences in duty rates may be seen as an incentive to buy ­
goods tax-paid in one Member State and sell, illegally, in
another, this is primarily a matter for Member States to
tackle, through improved control measures or adjustment of
national duty rates .

In 1992 France raised its rates of duty on beer significantly
in order to comply with the new Community minimum rate
which came into force on 1 January 1993 . Furthermore,
despite increased levels of cross-border purchases, the
French beer market has seen a reduction in overall sales since

then . By comparison, the United Kingdom — with a rate of
excise duty on beer far exceeding the minimum rate — has
continued to increase its rate substantially and thus to move
further away from the target rate which was proposed by the
Commission in 1989 and which was subsequently intended
to serve as a reference rate for Member States when

adjusting their national rates .

WRITTEN QUESTION E-2014 / 95

by Phillip Whitehead ( PSE )

to the Commission

(8 July 1995 )

( 95 / C 277 / 82 )

Answer given by Mr Flynn
on behalf of the Commission

(8 September 1995 )

Apart from the disruption ot circadian cycles that might be
occasioned by the deliberate use of excessive lighting, the
Commission is not aware of physiological problems caused
by stray and excessive use of exterior night lighting other
than those contained in its reply to Written Question
No 1166 / 95 by the Honourable Member ('). It is up to the
authorities in the Member States to take appropriate
counter-measures should such use result in public
nuisance .

As far as the protection of the health and safety of workers is
concerned, the Council has adopted, following proposals by
the Commission, a Directive on workplace requirements ( 2 )
which provides that workplaces outdoors must be
adequately lit by artificial lighting if daylight is not
adequate .

C ) OJ No C 196, 31 . 7 . 1995 .

( 2 ) OJ No L 393, 30 . 12 . 1989 .

WRITTEN QUESTION E-2025 / 95

by Klaus Rehder ( PSE )

to the Commission

( 12 July 1995 )

( 95 / C 277 / 83 )

Subject : Removal of obstacles to trade in GATT

Under the GATT Treaty, licences must be applied for in
order to export Annex II goods to third countries . There
may be significant variations between the amounts allocated
by the competent authorities and the amount applied for . As
a result, negotiations on supplies and the conclusion of
precise contracts are hampered .

What possibilities does the Commission see for removing
these obstacles to trade ?

Answer given by Mr Fischler
on behalf of the Commission

Subject : Light pollution
(1 August 1995 )

In addition to the health effect of excessive exposure to
light's radiation, has the Commission considered the
environmental effects of poorly thought-out artifical
lighting ?

Would the Commission therefore confirm whether or not it
recognizes that stray and excessive use of exterior night
lighting can present both physiological and ecological
problems . Has it considered this form of pollution ?

What action would the Commission propose to adress this
growing problem ?

In the framework of the General Agreement on Tariffs and
Trade the Community has undertaken to reduce the
quantities of products exported with export refunds and the
expenditure related to such transactions . Consequently, the
Community needs a system which makes it possible
to monitor the exports . To that end it was considered
most appropriate to introduce obligatory prefixation
certificates .

The Commission does not think that it will be possible to
suppress such certificates but their use will be kept under

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 45

review in order to see whether improvements or
amendments are needed .

WRITTEN QUESTION E-2034 / 95

by Spalato Belleré ( NI )

to the Commission

( 12 July 1995 )

( 95 / C 277 / 84 )

Subject : Defending the rights of citizens with regard to

pre-trial detention procedures

Recent incidents surrounding the arrest of Colonel Roberto
Coniorti, head of the Carabinieri force's special service for
the recovery of stolen works of art and cultural objects
aroused indignation around the world and, in particular, in
Italy, where the officer was known for his remarkable
recovery operations and outstanding skills as an
investigator .

Does the Commission agree that Directives should be issued
to ensure that national judges are required to respect, not
only legal provisions, but also citizens ' rights, and that they
do not undermine certain people's reputation, earned
through years of hard work and devoted service to their
country, by applying pre-trial detention procedures, whose
only purpose is to impress public opinion ?

Answer given by Mrs Gradin
on behalf of the Commission

( 11 September 1995 )

It is not within the Commission's competence to take an
initiative regarding pre-trial detention procedures of the
Member States .

This issue is a matter for the Member State concerned

subject to its obligations under the European convention on
human rights .

WRITTEN QUESTION P-2036 / 95

by José Apolinârio ( PSE )

to the Commission

(4 July 1995 )

( 95 / C 277 / 85 )

Subject : Indexation of CSF II ( Portugal )

The Portuguese authorities have proposed indexing the
sums for CSF II for Portugal using the ECU deflator

obtained through an overall calculation for the whole
period covered by CSF II . The sum resulting from
indexation at 1995 prices is ECU 192 million .

Can the Commission say whether the entire sum, i.e . 192
million, will be made available in 1995 or whether it will be
made available over the whole period covered by CSF II, in
line with the Edinburgh compromise ? If so, have the
Portuguese authorities submitted a proposal for allocating
the sum concerned on an annual basis ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 24 July 1995 )

The amount of ECU 192 million resulting from indexation
for 1995 of CSF II for Portugal covers the entire period

1995 — 1999 and must thus be spread over this period in
principle if the Edinburgh compromise is to be adhered

to .

On 30 June 1995, the monitoring committee for the
Portuguese Community support framework decided that
the amount indexed for 1995 in respect of CSF II would be
used entirely for that year . However, to comply with the
Edinburgh compromise, the Portuguese authorities
undertook to reschedule certain CSF programmes in respect
of an amount equal to the deflator and covering the period

1996—1999 .

WRITTEN QUESTION E-2062 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

( 12 July 1995 )

( 95 / C 277 / 86 )

Subject : Latin America centre for relations with Europa

What were the activities of the Latin America centre for

relations with Europe in 1994 ?

What is the Centre's establishment plan ?

Has the Centre any other income apart from the subsidy
from the European Union and, if so, from what sources and
what is the ratio of such revenue to the EU subsidy ?

No C 277 / 46 EN Official Journal of the European Communities 23 . 10 . 95

Answer given by Mr Marin
on behalf of the Commission

WRITTEN QUESTION P-2081 / 95

by Eva Kjer Hansen

( 11 September 1995 ) to the Commission

(7 July 1995 )

( 95 / C 277 / 88 )
The Latin American Centre for Relations with Europe
received no direct grant from the Community in 1994 . The
Commission is therefore unable to provide information on
the the Centre work programme ., organizational plan or financing of Subject : Employees ' use of company cars owned and
registered by firms located in Member States other
than employees ' Member States of residence

Naturally, I welcome the Commission's undertaking to
submit a proposal for a Council Directive this year .

WRITTEN QUESTION E-2074 / 95

Unfortunately, the Commission has not answered the very

Megahy ( PSE ) specific questions that I put to it ( P-1526 / 95 (')). I would

the Commission therefore re-table those questions and ask that each one be

answered individually .
( 12 July 1995 )

by Thomas Megahy ( PSE )

to the Commission

( 95 / C 277 / 87 )

Subject : European senior's pass

At a meeting of the Intergroup on Ageing in February 1995
an official of DG V stated that the Commission was
intending to conduct a feasibility study, in cooperation with
certain unnamed NGO's, to demonstrate how a Seniors '
Europass cold operate in three Member States where there
was enthusiasm for the idea . Yet in his answer to Written

Question E-354 / 95 (') by Mr Pronk on the same subject
dated 31 March 199 5, Commissioner Flynn made no
reference to this proposal . Has the project been abandoned,
and if so why, or what progress has been made towards its
realization ?

(') OJ No C 230, 4 . 9 . 1995, p . 47 .

Answer given by Mr Monti
on behalf of the Commission

( 31 July 1995 )

The Commission has taken cognisance of the Honourable
Member's comments concerning its answer to her Written
Question No 1526 / 95 .

C ) OJ No C 145, 12 . 6 . 1995, p . 43 . The Commission reiterates that it is ready to examine
complaints from European citizens, and in particular
Danish residents, who encounter difficulties in their
professional or private lives through using cars made
available by firms established in the Community .

Answer given by Mr Flynn
on behalf of the Commission

(8 September 1995 )

The Commission continues to be interested in working with
the non-governmental sector with the objective of
facilitating access by older people to the various concessions
which exist for them . A proposal from a non-governmental
organization to conduct a feasibility study on this theme is
currently being examined by the Commission .

The Commission also repeats that it will, before the end of
the year, be putting a proposal to the Council which will
include express provision to solve the difficulties involved .
The Commission is perfectly well aware of these difficulties
and considers that the obstacles being met by European
citizens in using cars, whether owned by them or put at their
disposal, have to be dealt with as a whole and that this will
require legislation . This excludes, for the moment, the
Commission investigating the matter as part of an
infringement procedure .

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 47

WRITTEN QUESTION E-2102 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 12 July 1995 )

( 95 / C 277 / 89 )

Subject : Législation on safety at work

The rules on safety at work laid down by the Community in

1994 and 1995 have obliged the Member States and firms
working and producing in them to review how they ensure
safety, which has brought great benefits overall for
workers .

Can the Commission say whether it would be possible to set
up a monitoring body to assess the practical results of the
Community Directives and to facilitate any further
initiatives which will lead to an absolute improvement in
quality ?

Answer given by Mr Flynn
on behalf of the Commission

(8 September 1995 )

intended for repatriated refugees ). However, the profession
of conservator of antiquities and the nature of the work
involved call for considerable qualifications and a high
degree of specialization . There are two possible risks here :
on the one hand, trainees may be unable to find work on the
labour market because of the high level of qualifications
required in this area, while, on the other, given that a
seminar lasting only a few months can impart only a very
limited amount of knowledge and experience to trainees, the
latter may put at risk valuable artifacts and the cultural
heritage .

1 . Will the Commission raise this matter with the ECCO

( European Council of Conservators ' Organizations )?

2 . Will it reexamine all the relevant programmes which are
currently geing funded — or will be funded in future —
by the Social Fund ?

3 . Does it intend to encourage, as part of the Horizon
programme and other Social Fund programmes, courses
aimed at reviving traditional skills ( for instance, marble
sculpting, wood engraving, book-binding etc .), instead
of the conservation of antiquities and works of art, so as
to facilitate access to the labour market for trainees and

thereby to avoid the problems outlined above ?

Answer given by Mr Flynn
on behalf of the Commission

The Commission, together with the Member States and the
trade union and employers ' organizations, intends to assess (8 September 1995 )
any difficulties in implementation of the Directives on health
and safety at work, the socio-economic impact of these
Directives in the Member States and their effectiveness .

It will then propose changes which might be useful or
necessary, including any necessitated by scientific or
technical progress .

WRITTEN QUESTION E-2120 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 19 July 1995 )

( 95 / C 277 / 90 )

Subject : Conservation of antiquities and works of art

As part of the Horizon programme, Youthstart and the
Community Support Frameworks in Greece, seminars are
being organized on the conservation of antiquities and
works of art ( for instance, at the Folklore and Ethnology
Museum of Macedonia, from 1 April to 31 June 1995

The Community Employment Initiative ( 1994 — 1999 )
comprises the following three parts : NOW, Horizon and
Youthstart . The Operational Programme for Greece
includes in its Youthstart section a measure for

experimental activities involving specialized training and
placement ( B. 3 . 2 . 3 ).

The measure covers the development and implementation of
experimental programmes of training and placement in the
fields of the arts ( music, pottery, etc .), cultural heritage

( renovation of buildings, conservation of works of art ) and
environmental protection .

The beneficiaries of this measure are, in particular, young
unemployed people under the age of 20 . A global approach
is adopted, taking account of the needs of the young people
at the various stages of their integration into the world of
work ( system of education, system of vocational training,
employment ). Account must also be taken of the need for
accompanying measures .

The ' innovation ' aspect relates to training tools,
methodology and partnership . The training and placement
measure lasts for a minimum of 600 hours . The

transnational dimension of the programme should make it
more effective .

No C 277 / 48 EN Official Journal of the European Communities 23 . 10 . 95

The measure will avoid traditional occupations which
reinforce discriminatory stereotypes or occupations with no
future .

WRITTEN QUESTION E-2147 / 95

by Philipp Whitehead ( PSE )

to the Commission

( 19 July 199 S )

Objective 3 as provided for in the Regulations governing the
Structural Funds . On a proposal from the Commission, the
Council will re-examine the abovementioned Regulations
before 31 December 1999 .

(') OJ No L 374, 31 . 12 . 1988 .

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

( 95 / C 277 / 91 ) WRITTEN QUESTION E-2153 / 95

by Pierre Bernard-Reymond ( PPE )

to the Commission

Subject : European Social Fund ( 28 July 1995 )

( 95 / C 277 / 92 )

Can the Commission explain the rationale behind the
sectoral approach used in the allocation of Objective 3
funding ?

Has the Commission considered evaluating the advantages
of a structural approach to funding allocation over a
regional approach like that used to allocate the funds under
Objectives 1, 2 and 5b ? If not, when does the Commission
propose to review the current method of administering
Objective 3 funding ?

Subject : Implementation of the Directive of 30 November

1989 on safety at the workplace

Implementation of Directive No 89 / 655 / EEC ( l ) of
30 November 1 989 on the establishment of minimum safety
and health requirements for the use of work equipment by
workers at work will of necessity entail additional costs for
the companies concerned .

Has the Commission made an assessment of the costs

deriving from implementation of the Directive or does it
Answer given by Mr Flynn intend to make such an assessment ?
on behalf of the Commission

(7 September 1995 )

(M OJ No L 393, 30 . 12 . 1989, p . 13 .

The Commission would like to remind the Honourable

Member that the Regulations governing the Structural
Funds stipulate that the priority aim of the European Social
Funds ( ESF ) is to contribute to achieving Objectives 3 and 4
throughout the Community .

In addition, Article 1 of the ESF-Regulation ( Council
Regulation ( EEC ) No 4255 / 88 of 19 December 1988 ('), as
amended by Council Regulation ( EEC ) No 2084 / 93 of
20 July 1993 ( 2 )) clearly provides for a set of measures for
which the ESF provides support ' throughout the
Community '. There is therefore no sectoral approach in the
allocation of funding for Objective 3 of the ESF .

Furthermore, a regional approach is adopted for the
allocation of ESF funding for measures relating to
Objectives 1, 2 and 5b, and the new Objective 6 .

The Commission is not currently planning to make any
changes with regard to the allocation of funding for

Answer given by Mr Flynn
on behalf of the Commission

(8 September 1995 )

Article 4(1 ) of Directive 89 / 655 / EEC requires employers to
obtain and use work equipment which, if provided to
workers in the establishment for the first time after

31 December 1992, complies with the provisions of any
relevant Directive which is applicable and the minimum
requirements laid down in the Annex, to the extent that no
other Community Directive is applicable or is so only
partially .

Work equipment provided to workers before 31 December

1 992 must comply with the minimum requirements laid
down in the Annex to the Directive no later than four years
after that date . Neither the Member States nor the

23 . 10 . 95 EN Official Journal of the European Communities No C 277 / 49

Commission, therefore, have any reliable information at this
stage on the costs entailed by implementation of the
Directive .

However, Article 10(3 ) of Directive 89 / 655 / EEC requires
the Member States to report to the Commission every five
years on the practical implementation of the provisions of
the Directive, indicating the points of view of employers and
workers .

WRITTEN QUESTION E-2311 / 95

by Ian White ( PSE )

to the Commission

(1 September 199 S )

( 95 / C 277 / 94 )

Subject : Supply by European companies of instruments of

torture

Has the Commission introduced, or does it have plans to
introduce safeguards and controls to prevent the export on a
WRITTEN QUESTION E-2310 / 95 pan-European basis of electric shock batons and leg irons to
security forces which practice torture ?

by David Hallam ( PSE )

to the Commission

(1 September 1995 )

(9 SIC 277 / 93 )

Joint answer to Written Questions

E-2310 / 95 and E-2311 / 95

given by Mr Marin
on behalf of the Commission

Subject : Ban on the use of electric shock batons and leg

irons ( 25 September 1995 )

Whai : steps have been taken thus far to ban the manufacture
and export of electric shock batons and leg irons in and from
each of the Member States of the European Union ?
Furthermore, what decisions have been taken regarding
implementation of measures in the immediate future ?

The Commission would refer the Honourable Member

to its answer to Written Question No 741 / 95 by
Mr Nicholson ( M.

(>) OJ No C 139, 5 . 6 . 1995 .