10 . 8.92 Official Journal of the European Communities No C 202/ 1

I

(Information)

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 246/91 WRITTEN QUESTION No 258/91 by Mr Antoni Gutiérrez Diaz (GUE) by Mr Ben Visser (S) to European Political Cooperation to the Commission of the European Communities (4 March 1991) (4 March 1991) (92/C 202/01 ) (92/C 202/02)

Subject: Waste-disposal plant in Tarfaya (Morocco) Subject: Discrimination between Dutch and non-Dutch The group 'Naturaleza y Sociedad' (Nature and Society) inland waterway vessels on the Dollard in Spain has informed the European Parliament's Committee on Petitions that there is a plan to build a waste disposal plant in Tarfaya (Morocco), near the According to a report in the journal Schuttevaer of 12 border, which would present a serious threat not only for January 1991 , the ESO (Ems Navigation Authority) wants Morocco and the Sahara, but also for the Canary Islands all inland waterway traffic on the Dollard between (which are Community territory). Delfzijl and Emden to come under Dutch law . Under the 1960 agreements between the Netherlands and Germany, Does EPC not consider that in view of the relations Dutch vessels must comply with the requirements of between the Community and the Kingdom of Morocco Durch law, but all other vessels on the Dollard must and the importance of this matter, representation should comply with German law, which involves extra costs . be made to the Moroccan Government with the aim of Furthermore , the Dollard is divided into two zones, and ensuring that the potential environmental hazards of the non-Dutch vessels cannot reach the new port of project do not become reality ? Emshaven without incurring extra costs, namely for a separate deep water channel licence for Zone 1 . The effect of this is that non-Dutch vessels prefer to make for the port of Emden rather than the new Emshaven . Answer 1 . What view does the Commission take of the (24 June 1992) distinction drawn between Dutch and non-Dutch vessels whenever they operate on the Dollard ? According to press reports in 1989 , plans to build a toxic waste-disposal plant at Tarfaya were vetoed following 2 . Does it agree with the ESO that, as a result of the concerns expressed by King Hassan . There are no distinction drawn between Dutch and non-Dutch indications that the Moroccan Government plans to vessels and of the division into zones, the Dutch revive the project. Emshaven is put at a competitive disadvantage ?

3 . What action will it take to remedy any abuse ? No C 202/ 2 Official Journal of the European Communities 10 . 8 . 92

Supplementary answer given by Mr Van Miert of national boatmasters' certificates valid for waterways on behalf of the Commission of a maritime character . It also stipulates that Member (5 February 1992) States may not impose additional requirements for boatmasters operating on these waterways if they hold reciprocally-recognized certificates valid for waterways of a maritime character. The Commission is now able to add the following information to its answer of 3 May 1991 ('). o OJNoC 199,29.7 . 1991 . O OJ No L 301 , 28 . 10 . 1982 . Vessels and boatmen using the Ems and the Dollard are subject to strict regulation . Both aspects are covered by Community law.

The rules governing vessels sailing in European waters , of which the Ems and the Dollard are part, are covered by WRITTEN QUESTION No 352/91 Council Directive 82/714/EEC of 4 October 1982 laying by Mr Sergio Ribeiro (CG) down technical requirements for inland waterway vessels ( 2 ). to European Political Cooperation (7 March 1991) The Directive divides inland waterways into four zones (92/C 202 /03) according to the principle of national territory . The Ems and the Dollard in Holland are in Zone 2 , while the Subject: Relations between the EEC and the PLO mouth of the Ems , which is situated in Germany , belongs both to Zones 1 and 2 . Article 5 of the Directive entitles Member States to introduce technical requirements At the end of the General Affairs Council meeting on 4 additional to those laid down by the Directive for vessels February , the Portuguese Minister for Foreign Affairs operating on Zone 1 and 2 waterways , on condition that announced that the Community had decided to 'freeze' they notify the other Member States and the Commission relations with the PLO and its leader, Yasser Arafat. thereof . In view of the gravity of such a decision , what is the context and , from the point of view of European Political Germany has availed itself of this option and imposed Cooperation , the intention of the statement by the additional requirements for vessels using the Ems in both Portuguese minister ? Zones 1 and 2 . These are included in the Bin SchUO (Binnenschiffsuntersuchungsordnung).

The Commission cannot at this stage do more than take Answer note of this difference of approach regarding the (24 June 1992) technical conditions for vessels using a single waterway , but feels that it must point out that there has been no breach of the Council Directive . The Community and its Member States maintain a dialogue with the PLO , with the aim of encouraging it to The preferential treatment for Dutch vessels arises from support the Middle East peace process underway the 1960 Ems-Dollard Cooperation Treaty, which is constructively . At the same time , they continue their referred to in Annex 1 of Directive 82/714/EEC . dialogue with Palestinians in the Occupied Territories .

The Commission recognizes the desirability of establishing common safety criteria for shipping and of abolishing the option of introducing additional national technical requirements for shipping . This issue could be dealt with in an amendment to Directive 82 /417/EEC . WRITTEN QUESTION No 371 /91 by Mrs Dorothee Piermont (ARC) With regard to the handling of the vessels , the Council on to European Political Cooperation 7 October accepted a proposal for a Directive on the (7 March 1992) reciprocal recognition of national boatmasters' certificates for the carriage of goods by inland waterway . (92 /C 202/04)

In this Directive , the Ems in Germany and the Subject: Hunger strike in Spanish prisons Ems-Dollard in the Netherlands are classified as waterways of a maritime character . They are therefore For over a year approximately 40 prisoners in Spanish covered by the Directive's provisions on the recognition prisons have been on hunger strike . Having been kept in 10 . 8.92 Official Journal of the European Communities No C 202/ 3 groups until 1987 , they were then separated and Member States and on their involvement in subversive transferred to different prisons , clearly as a result of the and terrorist plots which have led to various decisions of the Trevi Group . The prisoners demand to be unexplained violent events in recent years ? returned to their groups . One prisoner has already died as a result of the hunger strike . The others are extremely ill (') Minutes of proceedings of the sitting of 22 November 1990 . and further deaths are to be feared . 1 . Were the prisoners transferred as a result of the decisions of the Trevi Group on the harmonization of internal security policy ? Was the Spanish Government Answer requested to disperse the groups of prisoners ? (13 July 1992) 2 . What measures has EPC taken , or what measures will it take , to prevent further deaths ? The question raised by the Honourable Member has not been discussed within the EPC framework . 3 . Would EPC support mediation by the Red Cross , whose intervention has already proved successful in a previous case ? 4 . Would EPC support the sending of a delegation of Members of the European Parliament, doctors and lawyers to Spain in an endeavour to solve the problem ? WRITTEN QUESTION No 839/91 by Mr Victor Manuel Arbeloa Muru (S) to European Political Cooperation (3 May 1991) Answer (92 /C 202/06) (13 July 1992) Subject : Combating illegal employment The subject raised by the Honourable Member is not of EPC competence . What does EPC consider to be the best way of combating 'illegal employment' as discussed at the last Vienna Conference in January 1991 ?

Answer WRITTEN QUESTION No 727/91 by Mr Luigi Colajanni (GUE) (13 July 1992) to European Political Cooperation (23 April 1991) The question raised by the Honourable Member does not fall within the scope of European Political Cooperation . (92/C 202 /05)

Subject : Clandestine 'Gladio' network

There have been many reports , including those based on official sources , on the existence of a clandestine parallel intelligence and armed operations organization . WRITTEN QUESTION No 849/91 by Mr Mihail Papayannakis (GUE) The European Parliament adopted a resolution on 22 to the Commission of the European Communities November 1990 ( x ) calling for a full investigation into the activities of this organization . (3 May 1991) (92/C 202 /07) Having regard to paragraphs 5 and 6 in particular of the above resolution : Subject: Noise from entertainment establishments 1 . Can EPC provide the European Parliament with information on the activities of these secret A large number of inhabitants of the Agios Andreas area intelligence and operational services ? in Elis complained to the Commission about the completely unacceptable situation prevailing there on 2 . Can it report on any action which these services have summer nights because of the intolerable noise from taken to destabilize the democratic structures of the discotheques and the like , including bouzouki No C 202/4 Official Journal of the European Communities 10 . 8.92 establishments, which typically blast the neighbourhood Nicaraguan Government has set up a programme to at tremendous volume at the expense of musical quality. retrain health service staff. Experience in the Community On 1 March 1991 the Commission answered that it and elsewhere in the world has shown that retraining regretted that there was no Community legislation programmes are carried out mainly with the aim of covering noise from discotheques . However I have improving management and consequently involve no counted 27 different Community texts up to 1986 decline in the quality of the services provided . concerned with noise from motor vehicles, machinery , tower cranes, etc . Does the Commission intend to deal It should be pointed out that health is not considered a with other sources of noise , especially when they are as priority sector in the Council's guidelines on Community irritating and widespread as the night spots in question , aid to the countries of Asia and Latin America , since such which among other things are an annoyance to the local aid is deemed to be the province of the WHO . population and to unsuspecting foreign visitors and thus undermine such an important industry as tourism and Nonetheless , the Commission has for several years now spoil many other activities taking place at night and the been providing health aid to Central America as a region , following day ? particularly its Ecu 16,5 million child survival programme , which will be succeeded by a recently approved Ecu 16 million mother-and-baby health programe . Answer given by Mr Ripa di Meana on behalf of the Commission Furthermore , in the context of aid to refugees , returnees and displaced persons there health projects have been set (8 May 1992) up in the past year at a cost of Ecu 1,6 million on the Atlantic coast and in the Rio Coco region, in conjunction The idea of creating a European Directive against the with the Health Ministry . noise of nightclubs , discotheques, pubs , etc., strongly contradicts the principle of subsidiarity . Whilst Community legislation cannot therefore be considered in the follow-up to the Commission Green Paper on the urban environment, consideration is being given to the establishment of Community noise quality objectives . The development of such objectives could WRITTEN QUESTION No 1218/91 involve the production of more detailed guidelines as to by Mr Carlos Robles Piquer (PPE) how various noise problems, including those referred to to European Political Cooperation by the Honourable Member, could be overcome . (11 June 1991) (92/C 202/09)

Subject: Recovery of works of art stolen during the military occupation of Kuwait WRITTEN QUESTION No 892/91 by Mrs Raymonde Dury (S) During the military occupation of Kuwait by the Iraqi to the Commission of the European Communities army, many valuable works of art were stolen from the National Museum of Kuwait and from private (8 May 1991) collections , including the collection belonging to the (92/C 202/08 ) anthropologist Jassim Jusuf Al-Humaithi . In December 1990 for example Sotheby's identified a set of Subject : Health centres in Nicaragua Arab-Andalusian copies of the Koran in Beirut as belonging to this collection . It appears that drastic staff cuts have taken place in several health centres set up by the Sandinista Government to Can the twelve Member States help to recover these stolen provide essential services for the residents of the poorer objects for return to Kuwait, acting either through their areas . Is the Commission aware of this and can it take embassies in this area or through the United Nations and measures to remedy the situation ? Unesco ?

Answer given by Mr Matutes Answer on behalf of the Commission (9 April 1992) (24 June 1992)

As part of the public spending reforms which Mrs Iraq has accepted responsibility for loss and damage Chamorro had announced on taking office, the resulting from its illegal occupation of Kuwait, and has 10 . 8.92 Official Journal of the European Communities No C 202/ 5 undertaken to return stolen property . United Nations held in Rwanda are conducted by independent and Security Council Resolutin 687 calls on the Secretary impartial judges , in line with the recommendations of General to monitor the steps taken by Iraq to return this Amnesty International following the trials held in property . In a recent update to a January 1992 report by January ? the United Nations Secretary-General, reference is made to property of the Central Library and the National Museum of Kuwait having been returned . Furthermore , the Iraqi officials involved with the return of property have cooperated fully with the United Nations , according Answer to the UN Secretary-General's report. (13 July 1992) It is feasible that certain stolen property may have found its way onto the open market. In such instances it is for The Community and its

Answer (11 June 1991) (13 July 1992) (92 /C 202 / 12)

This subject has not been discussed within the EPC Subject: Murders in Uganda framework. According to recent information provided by the Iranian Embassy in Brussels men are not forbidden to Have the Foreign Ministers meeting in European Political wear ties or short sleeved shirts in Iran and women are not Cooperation investigated allegations concerning the obliged to wear the 'chador'. extrajudicial execution of civilians by soldiers in recent months in rural areas of Uganda in which the army is combating insurgency, particularly in Pallisa, Bugondo and Soroti ? Have they requested that the committee created by the Minister of State makes public its findings on incidents which occurred in rural areas in 1988 and at WRITTEN QUESTION No 1227/91 Makerere University in December 1990 ? by Mr Victor Manuel Arbeloa Muru (S) to European Political Cooperation (11 June 1991) (92/C 202/ 11 ) Answer (13 July 1992) Subject: Unfair trials in Rwanda Have the Foreign Ministers meeting in European Political The situation of human rights in Uganda as a whole Cooperation taken any steps to ensure that trials of rebels is under permanent review in the EPC framework . No C 202/6 Official Journal of the European Communities 10 . 8 . 92

Allegations like the ones mentioned by the Honourable WRITTEN QUESTION No 1261 /91 Member are addressed in that context and action is by Mrs María Izquierdo Rojo, Mr Eusebio Cano Pinto, Mr eventually decided. For example , at the Consultative Juan de la Cámara Martínez, Mr Pedro Bofill Abeilhe, Mr Group meeting of donors in Paris 18 / 19 May, the Victor Manuel Arbeloa Muru, Mr José Álvarez de Paz, Mr Commission and Member States expressed their concern Jesús Cabezón Alonso, Mrs Carmen Diez de Rivera Icaza, over a number of human rights issues in Uganda. Mrs Ludivina Garcia Arias, Mr Francisco Sanz Fernández, Therefore , I can assure the Honourable Member that the Mr Enrico Sapena Granell, Mr Mateo Sierra Bardaji, Mr authorities of Uganda are in no doubt as to how closely José Vazquez Fouz and Mr José Duarte Cendan ( S) the Commission and its Member States are following developments in this field and of the implications of their to European Political Cooperation behaviour for future relations between the Community (14 June 1991) and its Member States and Uganda . (92 /C 202/ 14)

Subject: Moves to launch the Conference on Security and Cooperation in the Mediterranean (CSCM) In view of the favourable position adopted by the Council concerning the launching of a Conference on Security and Cooperation in the Mediterranean does European WRITTEN QUESTION No 1230/91 Political Cooperation envisage the Troika will draw up a by Mr Gerardo Fernandez-Albor ( PPE) programme of action to encourage progress with this to European Political Cooperation conference ? What moves in this direction are being (11 June 1 991) envisaged ? (92/C 202/ 13)

Answer Subject : Meetings of Heads of State of Community (13 July 1992) countries The Honourable Members are kindly referred to the Meetings of the European Council have accustomed reply given on 15 May 1991 to oral question H-255/91 , public opinion in the Community to the 'family portrait' which reflects the position of the Community and its of the Heads of State or Government, who meet three Member States . times a year and whose summits determine the main Community issues . The Community and its Member States continue to attach great importance to the enhancement of security and However, a large sector of public opinion in the cooperation in the Mediterranean and are ready to Community often wonders why all of the Heads of State support and promote efforts in that direction . of the Community countries do not also meet on some occasions, in what would come to be a truly representative summit.

Do the Ministers thus consider that , in certain WRITTEN QUESTION No 1318/91 circumstances , meetings of the Heads of State of the Community countries should be organized , in order to by Mr Giis de Vries (LDR) authenticate their status as national representatives ? to European Political Cooperation (24 June 1991) (92/C 202 / 15)

Answer Subject: The Troika (13 July 1992) What visits have been made by the Troika to third countries since 1 January 1985 ? What countries were Meetings of the European Council gather Heads of State visited ? Which ministers or Secretaries of State made up or Government of the Member States to discuss both the Troika on each of these occasions ? Community and intergovernmental matters . In conformity with the Declaration of Stuttgart of 19 June 1983 they may convene as Council of the European Answer Community or as national representatives on a governmental level . (13 July 1992)

The Honourable Parliamentarian will find an answer to his question in the enclosed document on 'political 10 . 8.92 Official Journal of the European Communities No C 202/ 7

dialogue with third countries and groups of countries in WRITTEN QUESTION No 1496/91 the framework of the European Political Cooperation'. by Mrs Marijke Van Hemeldonck (S) to the Commission of the European Communities (16 July 1991) (92/C 202 / 17) WRITTEN QUESTION No 1494/91 Subject : Initiation of proceedings for non-compliance by Mrs Marijke Van Hemeldonck ( S) with Council Directive 76/464 /EEC to the Commission of the European Communities (16 July 1991) Against which Member States has the Commission (92 /C 202/ 16) initiated proceedings under Article 169 of the Treaty for non-compliance with Council Directive 76/464/EEC (') and its implementing Directives ? Which provisions have Subject: Implementation of Council Directive 76/464 / the offending Member States failed to comply and what EEC on discharges of dangerous substances stage has now been reached in the proceedings ? Article 11 of Council Directive 76/464/EEC (*) requires the Member States to draw up an inventory of discharges o OJ No L 129 , 18 . 5 . 1976 , p. 23 . which may contain substances within List I to which emission standards are applicable . Has the Commission , in accordance with Article 13 ( 1 ) Answer given by Mr Ripa di Meana called on the Member States to supply it with the results on behalf of the Commission of the inventory provided for in Article 1 1 and if so when ? (11 May 1992) Which Member States have fulfilled their obligations under Articles 11 and 13 ( 1 )? The Commission is aware of numerous cases of (') OJ No L 129 , 18 . 5 . 1976 , p. 23 . infringement throughout the Community : Directives have not been transposed , or they have been transposed incorrectly , or their provisions have not actually been applied . Answer given by Mr Ripa di Meana on behalf of the Commission In July 1991 , forty proceedings had been initiated against (30 January 1992) Member States for failing to comply , in various ways , with the provisions of the Community Directives Applying Article 13 of Directive 76/464/EEC , the concerning the discharge of dangerous substances into Commission asked the Member States on 17 October the aquatic environment . 1988 for information on Directives 82/ 176/EEC ('), 84/ 156/EECO , 83 /513/EEC O , 84/491 /CEE ( 4 ), and The Directive(s) infringed and the Article(s) concerned particularly on Directive 86/280/EEC ( 5 ) which is the are listed below for each Member State . framework for setting the limit values and quality objectives for the remaining substances on List I. The Belgium Commission has requested that this information be sent — Directive 76/464 /EEC (Article 7) to it systematically and regularly from now on . So as to facilitate and harmonize the presentation of data, the — Directive 76/464/EEC (Article 7) services of the Commission have prepared model forms along with instructions on how to fill them out . — Directive 88 /347/EEC

These models provide for information on the inventory of Germany discharges made into water, as called for by Article 1 1 . — Directive 86/280/EEC Only the Netherlands and the United Kingdom have provided satisfactory information on the substance — Directive 76/464/EEC (Article 7) covered by the abovementioned Directives ; the information provided by the other Member States is Denmark incomplete . — Directive 76/464 /EEC (Article 7)

o OJNoL 81 , 27 . 3 . 1982 . Greece O OJNoL 74 , 17 . 3 . 1984 . O OJNoL 291 , 24 . 10 . 1983 . — Directive 76/464/EEC (Article 7) O OJNoL 274 , 17 . 10 . 1984 , O OJNoL 181,4 . 7 . 1986 . — Directive 76/464/EEC (Article 2 , 3 , 5 and 7) — Directive 76/464/EEC (Article 7) No C 202/ 8 Official Journal of the European Communities 10 . 8.92

Spain Netherlands — Directive 82/ 176/EEC ; Directive 76/464 /EEC — Directive 76/464/EEC (Article 7) (Article 6(1 ) and 6 (2)) Portugal — Directive 83/ 513 /EEC ; Directive 76/464/EEC (Article 6(1 ) and 6 (2)) — Directive 76/464/EEC (Article 7) — Directive 84/ 156/EEC ; Directive 76/464/EEC (Article 6 ( 1 ) and 6 (2)) United Kingdom — Directive 86/280/EEC; Directive 76/464/EEC — Directive 76/464/EEC (Article 7) (Article 6(1 ) and 6 (2)) — Directive 76/464/EEC (Article 7) — Directive 88 /347/EEC ; Directive 76/464/EEC (Article 6(1 ) and 6 (2)) — Directive 76/464/EEC (Article 7); Directives 83/513/EEC and 84/ 156/EEC — Directive 76/464/EEC (Article 7) WRITTEN QUESTION No 1848/91 by Mr Carlos Pimenta ( LDR) — Directive 76/464/EEC (Article 7) to the Commission of the European Communities — Directive 76/464/EEC (Article 7); (1 September 1 991) Directives 86/280/EEC , 82/ 176/EEC , 84/ 156/EEC , 83/513/EEC and 84/491 /EEC (92 /C 202 / 18) — Directive 84/491 /EEC (Articles 3 and 5) Subject: The Commission and the UN forest convention — Directive 76/464/EEC (Article 7); Directive 82/ 176/EEC Is the Commission willing to promote the discussion and approval of a global forest convention at the forthcoming — Directive 76/464/EEC (Article 7); Brazil 92 Unced 'Earth Summit'? Directives 83 /513/EEC and 84/ 156/EEC — Directive 76/464/EEC (Article 7) — Directive 76/464/EEC (Article 7); WRITTEN QUESTION No 1849/91 Directive 82/ 176/EEC by Mr Carlos Pimenta (LDR) — Directive 84/49 1 /EEC ; Directive 76/464/EEC to the Commission of the European Communities (Article 6(1 ) and 6 (2)) (1 September 1 991) France (92/C 202 / 19) — Directive 76/464/EEC (Article 7) Subject: The Commission and the UN forest convention — Directive 76/464/EEC (Article 7) In the event that the present negotiations on the UN — Directive 83 /513/EEC forest convention do not reach an agreement, is the Ireland Commission ready to consider Community import restrictions in order to protect the environment and the — Directive 76/464/EEC (Article 7) interests of forest dwellers ? — Directive 86/280/EEC

Italy Jomt answer to Written Questions Nos 1848/91 — Directive 76/464/EEC (Article 7) and 1849/91 given by Mr by Mr Ripa di Meana — Directive 76/464/EEC (Article 7) on behalf of the Commission — Directive 76/464/EEC (Article 7) (14 January 1992) — Directive 76/464/EEC (Article 7); Directives 84/ 156/EEC , 82/ 176/EEC and The Commission supports in full all initiatives designed to 83 /513/EEC create an appropriate legal framework for effective protection of the world's forests , and is playing an active — Directive 88 /347/EEC part in all the on-going work on the subject at — Directive 83 /513/EEC international level .

Luxembourg It is the author of a working paper in the context of the 'Prepcom' (Preparatory Committee) for the United — Directive 76/464/EEC (Article 7) Nations Conference on Environment and Development 10 . 8.92 Official Journal of the European Communities No C 202/9 which is scheduled to take place in Rio de Janeiro in June Despite this , the factory is continuing to operate without 1992 . constraint while the results of the fresh analyses carried out by the General State Chemical Laboratory as a result In this paper, the Commission advocates a 'successive' of pressure from the local population have not been made approach which involves promoting the drafting of a known to them by the authorities . charter or declaration on forests to be signed at the Rio Conference, followed by negotiation of a binding legal Given that the health of the local population is now in instrument. The Member States support the general immediate danger as a result of the irresponsible and principle of such an approach . indifferent attitude of the factory's management and the authorities , will the Commission take measures , and if so The Commission hopes that the work currently in what measures , to make the Greek authorities take this progress will lead to the adoption of international situation more seriously and cooperate with the instruments suited to protect all the planet's forests . It will Commission to find an immediate solution to this employ its best efforts to this end in the various problem ? international fora responsible (Unced , negotiation of international conventions on climate change and on the conservation of biological diversity, ITTO). Answer given by Mr Ripa di Meana In this context, measures restricting imports of tropical on behalf of the Commission timber to the Community cannot be presented as an alternative to the adoption of an international convention (10 February 1 992) on forests . The objective of such a convention is to recognize the value and ensure the protection of all forests (tropical , temperate and boreal), while commercial The information provided by the Honourable Member exports of tropical timber represent only one cause , would , at first sight, appear to indicate that the Hellenic among many, of deforestation . Republic is not respecting its obligations under Directive 80/778 /EEC ('). The Commission will therefore invite the Greek authorities to submit their The Commission is nevertheless pursuing its reflections , observations . and has initiated studies on the technical , economic and legal feasibility of introducing such measures at Community level . o OJ No L 229 , 30 . 8 . 1980 .

WRITTEN QUESTION No 1951 /91 WRITTEN QUESTION No 1956/91 by Mr Dimitrios Pagoropoulos ( S) by Mr Mihail Papayannakis (GUE) to the Commission of the European Communities to the Commission of the European Communities (15 September 1 991) (15 September 1 991) (92/C 202 /20) (92 /C 202/21 )

Subject: Pollution of water supplies to 52 villages in Subject : High-voltage power line over homes in the Ioannina (Greece) municipality of Kryoneri

Recent studies carried out by the chemical engineering The Greek National Electricity Board is planning to pass laboratories of the universities of Ioannina and Munich a high-voltage power line over an area designated for show that drinking water supplies to 52 villages in the residential building in the municipality of Kryoneri . The prefecture of Ioannina in Greece are polluted with large cable is the last section of the third north-south power line quantities of phenol discharged from the Elviex timber which is being built to serve the Attica basin . impregnation factory situated near the sources of drinking water for these villages . An environmental impact asessment has been carried out; however, it is entirely inadequate and does not look into the question of magnetic fields or the effects on the health The university laboratories maintain that the phenol of local inhabitants . compounds are carcinogenic in drinking water, which has rightly caused great concern among the local population, and they propose that the water be filtered in the pumping Neither national (Ministerial Decree No 69269/5387) stations using carbon filters or ultra-violet radiation . nor Community (Directive 85 /337/EEC) (') provisions No C 202/ 10 Official Journal of the European Communities 10 . 8.92 have been complied with as regards the drawing up , take action must be based on the results of studies publication and examination of the environmental impact applying rigorous methods . assessment for this project. The population could be exposed to serious danger from an accident (for example , (') OJ No C 70 , 18.3 . 1991 . fires from short-circuits) and residents could be exposed ( 2 ) Debates of the European Parliament, No 3-394 (October to health risks from magnetic fields (the WHO has 1-1990). compiled a whole dossier on the effects of (J ) Debates of the European Parliament, No 3-398 (January electromagnetic fields on human health and the 1991 ). environment). Lastly , in Decision No 8 / 86 of 21 February 1986 , the municipal council of Kryoneri expressed unanimous opposition to the plans .

In view of the above facts , does the Commission intend to WRITTEN QUESTION No 1987/91 take action and ensure that the Greek National Electricity by Mr Gerhard Schmid (S) Board adopts an alternative solution in respect of the last section of the power line passing over Kryoneri , this time to the Commission of the European Communities carrying out an in-depth environmental impact study (15 September 1 991) (even if it costs more), given that the project is held to be (92 /C 202/22) necessary to meet the ever-increasing electricity requirements of the Attica basin ? Subject: Laughing gas as a destroyer of the ozone layer O OJ No L 175 , 5 . 7 . 1985 , p. 40 . One of the by-products of the manufacture of adipic acid , an up-stream product of nylon manufacturing , is laughing gas . According to Hartmut Grassl of the Max Planck Institute for Meteorology (Hamburg), laughing gas heats up the earth around 200 times as much as the 'classic' Answer given by Mr Cardoso e Cunha greenhouse gas carbon dioxide . on behalf of the Commission 1 . How much adipic acid is manufactured in the (30 January 1991) European Community ? 2 . How much laughing gas is produced in the EC as a The Commission thanks the Honourable Member for the result of the manufacture of adipic acid ? information he has provided . 3 . Is it true that laughing gas is classified as non-dangerous and is therefore released into the Overhead electricity transmission lines are indeed covered environment unfiltered ? by Directive 85 /337/EEC concerning the environmental 4 . Does a method of eliminating laughing gas exist ? impact assessment of certain public and private projects (Annex II, point 3.b). 5 . What is the Community doing to prevent laughing gas being released into the environment ? The Commission will examine if, in the particular case cited by the Honourable Member, the provisions of the abovementioned Directive have been respected . Answer given by Mr Ripa di Meana on behalf of the Commission In relation to the potential health risk to the population (11 May 1992) from magnetic fields , the Commission wishes to make clear that in reply to Written Question No 1733 /90 by Mr Vertemati and Mr Carniti ('), to Oral N2O (laughing gas) is relevant for the greenhouse effect Questions H- 1012/90 by Mr Bowe ( 2 ) and H-53/91 by as well as for the depletion of the ozone layer. The mean Mr Sakellariou ( 3 ) and to petition 471 /90 it gave details of residence time of N2O in the atmosphere is 150 years . The the impact on health of exposure to electrical and average N2O concentration in 1988 was 310 ppbv (parts magnetic fields generated by high-voltage power lines . per billion by volume), the annual rate of increase is estimated 0,3—0,4 ppbv . Current N2O atmospheric concentrations are about 8 % higher than in the At the time the Commission stated that some health risks pre-industrial era . were already well-established and taken into account by the existing regulations on high-voltage power lines , N2O gas is the primary source of stratospheric reactive while others were still being debated in scientific circles . nitrogen oxides NO and NO2 , which play a vital role in Critical analysis of the research findings applying the controlling the abundance of stratospheric ozone . The criteria called for by the international scientific ozone depletion potential (ODP) is 0,05 . community has as yet found no conclusive evidence of any link between 50—60 Hz fields and adverse effects other The global warming potential of N2O is about 200 times than those already taken into account . Any decision to higher than that of carbon dioxide . The main causes for 10 . 8.92 Official Journal of the European Communities No C 202 / 11 an increase of N2O are agricultural practices carried out by the coastal research station on Norderney (fertilization) as well as burning and biological shows that the extraordinary proliferation of these degradation of forests . The emission of N2O from oxygen-starved patches is causing animal life to die out in agricultural sources has increased sharply due to the use the affected areas . This in turn is greatly affecting of chemical nitrogen fertilizers . The question on how migratory birds, which stops to rest and feed on the much N2O originates from industrial processes has not mud-flats during their journey south . yet been definitively answered but seems to be significantly lower than those from agricultural practices . 1 . Is the Commission aware of this study ?

The production of adipic acid in Western Europe ( 1983 : 2 . What action is the Commission intending to take to 841 000 t/a) were within the same order of magnitude of save the mud-flats by preventing the further spread of that in Northern America ( 1983 : 905 000 t/a). The these black patches ? worldwide production amounted in the year 1983 to 1 958 000 t/a . Data sets on the amounts of NzO emissions 3 . Is there any existing research at European level on the from adipic acid production were not accessible for the causes of the increase of these black patches ? If so , Commission . what is the research , and what conclusions has it reached ? Representatives of six of the world's leading adipic acid producers and representatives of three global catalyst manufacturers met in September 1991 in Geneva to address ways to reduce or to eliminate the emissions of nitrous oxides associated with adipic acid production . Answer given by Mr Pandolfi The companies started research action on the emissions on behalf of the Commission problem several years ago by investigating a number of (4 February 1992) abatement options , such as catalytic and thermal decomposition and of recycling methods . They now hope to accelerate their efforts by reviewing nitrous oxide abatement and recovery technologies . The Commission is not following in detail the study carried out by the coastal research station on Norderney into the rapid increase in the 'black patches' in the Potentially, research leading to clean production Friesian mudflats (Wadden Sea) on which the article in technologies , improved abatement technologies and the Frankfurter Rundschau of 12 August 1991 is based . recycling methods for N2O can be supported by the However, the Commission has been and continues to be Commission Environmental R&D Programme . collaborating with this and several other institutes active in the study of costal marine eutrophication . Furthermore , the Commission is aware of the need to improve inventories on N2O emissions , especially from industrial sources . An emission inventory of CFL and With regard to plans to protect the Wadden Sea , the attention of the Honourable Member is drawn to the N2O in the European Community was carried out 1990 by the Commission . An updating of this inventory is Ministerial Declaration adopted at the third International currently being carried out . Conference on the Protection of the North Sea (The Hague , 7/ 8 March 1990). The Joint Declaration of the Wadden Sea States recommends action on the reduction of pollutants , air pollution , vessel traffic and the protection of the natural environment with a view to providing greater protection for the Wadden Sea .

As part of the STEP programme (Science and Technology for Environmental Protection (')) and the MAST WRITTEN QUESTION No 2061 /91 programme (Marine Science and Technology ( 2 )) the by Mr Gerhard Schmid (S) Commission has been conducting research projects in the to the Commission of the European Communities southern North Sea for several years aimed at an explanation of the general causal links between the (26 September 1991) consequences of eutrophication and a possible prediction (92/C 202/23) of environmental changes or damage . The final results of these programmes will be available in about two years .

Subject: The spread of black patches in the North Sea mudflats The Commission sends directly to the Honourable Member and to the Secretariat-General of the European Parliament the interim results of the on-going cooperative According to an article in the Frankfurter Rundschau of research project on the eutrophication of the southern 12 August 1991 the 'black patches' in the Friesian North Sea conducted in the framework of the STEP mud-flats are increasing at an alarming rate . A new study Prgramme ('Phaeocystis'-project) as well as the No C 202/ 12 Official Journal of the European Communities 10 . 8.92 proceedings of a European workshop on the The Community market is already one of the most open eutrophication of the North Sea and Baltic . markets in the world and that there is very keen competition between Community car manufacturers . o OJ No L 359 , 8 . 12 . 1989 . Accordingly , opening up the Community market is likely O OJ No L 200 , 13 . 7 . 1989 . to have only a slight direct impact on prices in the medium term . Consumers will benefit from the reduction in vehicle production costs throughout the Community indirectly, as a result of the greater productivity demanded of the sector as a whole (manufacturers , suppliers and distributors).

WRITTEN QUESTION No 2174/91 Other factors also have a decisive impact on prices in by Mr Proinsias De Rossa (CG) certain Member States . With regard to this aspect, the Honourable Member should refer to the Commission's to the Commission of the European Communities answer to Written Question No 2396/90 by Mr (4 October 1991) Maher ('). (92 /C 202 /24) (') OJ No C 232 , 5.9 . 1991 . Subject: Community car prices

What effect would the removal of import restrictions have on current car prices : 1 . in the Community as a whole

2 . in individual Member States ? WRITTEN QUESTION No 2184/91 by Mr Giuseppe Mottola (PPE) to the Commission of the European Communities (4 October 1991) WRITTEN QUESTION No 2454/91 (92/C 202 /26) by Mr Proinsias De Rossa (CG) to the Commission of the European Communities Subject: Creation , management and fruition of (4 November 1 991) 'Camaldoli Public Park' in the Naples area (92 /C 202/25) On the Camaldoli hills within the built-up area of the City Subject : Community car prices of Naples there is still time to save and upgrade one of the last remaining areas of green which the city in its What effect would the removal of import restrictions have inexorable decline still has to offer its population . on current car prices in the Community as a whole and in individual Member States ? Since it is felt that its deterioration may reach an alarming stage given the building work already carried out : 1 . Will the Commission , as part of its policy to defend , conserve and upgrade parks , oases , natural resources Joint answer to Written Questions Nos 2174/91 and the environment in general , ask the Italian State and 2454/91 and call competent bodies to come to a permanent given by Mr Bangemann arrangement to save this invaluable asset ? on behalf of the Commission (29 January 1992) 2 . Will the Commission urge : the completion of building work , the setting-up of a management body and the drafting and adoption of a detailed plan, which will The removal of quantitative restrictions on imports of respect nature and the environment, for the opening Japanese cars into the Community will make for increased of a park around Camaldoli to be enjoyed by the competition both in terms of prices and as regards people of Naples and the Campania region ? product diversity and reliability . 3 . Finally, will the Commission grant financing in line Increased competition should exert downward pressure with the policy objectives of the Structural Funds for on price trends both in the Community as a whole and in the creation of the park and measures to improve and the Member States with import restrictions at present . raise the capacity of town and country roads and However, the Commission has no information to enable it public transport linking it to the Naples metropolitan to quantify the reduction in prices . area ? 10 . 8 . 92 Official Journal of the European Communities No C 202 / 13

Answer given by Mr Ripa di Meana December 1991 , following the Declaration against on behalf of the Commission Racism and Xenophobia by the European Parliament, (28 April 1992) Council and Commission of 11 June 1986 and its own Declaration issued in Dublin on 26 June 1990 . The European Council indeed noted that, in connection with 1 . The Commission has not officially been made aware the upheavals in Eastern Europe , sentiments of of the environmental importance of the Camadoli hills . intolerance and xenophobia were manifesting themselves The Green Paper on the Urban Environment adopted by in extreme forms of nationalism and ethnocentrism . It the Commission in June 1990 underlines the role of green accordingly indicated that the policies of the Community areas in improving the quality of life . and its Member States towards the countries concerned would aim to discourage strongly such manifestations . 2 . No initiative relating to the Camadoli park has been submitted to the Commission by the national authorities . Reacting to the Committee of Inquiry's recommendation The Commission is , therefore , unable to intervene in the 'that problems faced by non-Community nationals of development of the natural area in question . ACP States and other States resident in the Community be examined in the light of the Community's relations 3 . The Commission is willing to give careful with the ACP States (paying particular attention to the consideration to the initiatives mentioned if the Italien procedure for dialogue provided for in Lome IV) and authorities submit such initiatives as part of the operating other States' (recommendation No 76), the Presidency programme for the region of Campania . would stress the fact that Heads of State and Government, in their Declaration on Racism and Xenophobia of 10 December 1991 , asked 'Ministers and the Commission to combat discrimination and xenophobia , and to strengthen the legal protection for third country nationals in the territories of the Member States'. In this connection , they furthermore expressed revulsion at racist sentiments and manifestations , WRITTEN QUESTION No 2242/91 including expressions of prejudice and violence against by Mr Proinsias De Rossa (CG) foreign immigrants and exploitation of them and to European Political Cooperation underlined their unacceptable character. (4 October 1 991) (92 /C 202/27) In the light of recommendation No 77 which states that 'the Foreign Ministers meeting in Political Cooperation should fully discuss the implications of recommendation Subject: Racism and xenophobia No 49 which calls upon the Council to make a declaration that any country seeking to join the European Will EPC state , with regard to the report of the Community must be committed to the European Committee of Inquiry into Racism and Xenophobia ( 1990 democratic traditions of tolerance , the elimination of all (A3-0 195 /90)) which of the recommendations, forms of discrimination connected with belonging or not Nos 75 — 77 , which fall within the competence of EPC , belonging to an ethnic group , nation, race or religion, and have been implemented and what consideration has been be a signatory to the appropriate international and given to recommendations which await implementation ? European Conventions , and take steps to combat xenophobia and antisemitism with , if necessary , denazification measures, enabling that country to meet Community standards for the prevention and repression of racism and xenophobia', the Presidency wishes to make Answer the following considerations : (13 July 1992) (a) The Maastricht Declaration on Racism and Xenophobia clearly indicates the European Council's In response to the issue raised by the Honourable conviction 'that respect for human dignity is essential Member, the Presidency intends to address the three to the Europe of the Community and that combating recommendations formulated by the Committee of discriminations in all its forms is therefore vital to the Inquiry into Racism and Xenophobia and directed to European Community as a community of States European Political Cooperation one by one : governed by the rule of law . The European Council therefore considers it necessary that the When it is recommended in the aforementioned report Governments and Parliaments of the Member States 'that the growth of racism , antisemitism and xenophobia should act clearly and unambiguously to counter the in many countries of Eastern Europe be discussed in the growth of sentiments and manifestations of racism light of the Community's relation with them' and xenophobia'. (recommendation No 75), the Presidency, on behalf of the Community and its Member States , wishes to draw (b) On 10 December 1991 , Heads of State and the Honourable Member's attention to the position Government stressed again the undiminished validity endorsed at the highest level in Maastricht on 10 of international obligations with regard to combating No C 202 / 14 Official Journal of the European Communities 10 . 8 . 92

discrimination and racism to which the Member Answer given by Mr Bangemann States of the Community have committed themselves on behalf of the Commission eithin the framework of the United Nations , the (13 May 1992) Council of Europe and the CSCE .

It may be assumed that candidates for accession to the EC 1 . The Commission is not competent to answer the are fully aware of the importance the Community and its Honourable Member's first question concerning the rents Member States attach to the principles of democratic paid by the two other institutions . representation , the primacy of law, social justice and the protection and promotion of human rights which form an 2 . It should first be stated that Community rules on integral part of the European identity defined and public procurement do not currently deal with cession of progressively refined by the Member States and the building sites . The Commission has examined the Institutions . question of observance of Community rules on public works contracts relating to the contracts for the In the light of the preceding and considering that the construction of the new Council building . Until now this European Council , as the highest decision-making body examination has not resulted in the opening of a of the European Community , is setting out the future procedure foreseen under Article 169 of the EEC Treaty . orientations of the EC while being the guardian of the The Commission continues, however, to monitor the Community acquis , the Presidency feels that the observance of these rules . As regards the new building for principles contained in the report by the Commission of the European Parliament, the Commission has not been Inquiry into Racism and Xenophobia are addressed in an informed of any facts suggesting non-observance of adequate way by Heads of State and Government . The Community rules in this field by the Belgian authorities . Honourable Member may be assured that the European Council's standard setting is borne in mind when the Moreover , it is not for the Commission to comment on Community and its Member States define their positions the observance of national laws which are not directed at with regard to the issue of racism and xenophobia . the implementing of Community laws .

3 . If non-observance of Community rules on public procurement were to be proven in relation to any of these projects then the Commission would, as in any other similar case , take the appropriate measures foreseen by WRITTEN QUESTION No 2249/91 the EEC Treaty . by Mr Vincenzo Mattina (S) to the Commission of the European Communities (4 October 1991) (92 /C 202 /28 ) WRITTEN QUESTION No 2332/91 Subject : New buildings for the Community institutions in Brussels by Mr Paul Lannoye, Mr Virginio Bettim, Mrs Eva-Maria Quistorp, Mrs Solange Fernex and Mr Didier Anger (V) In connection with the work under way in Brussels on to the Commission of the European Communities buildings to house the European Parliament and the (21 October 1991) Council , can the Commission state : (92/C 202/29) 1 . whether sufficient pressure has been exerted on the Belgian authorities to subsidize the cost of the Subject : Nuclear accident af Chernobyl : consequences buildings in view of the enormous economic and action taken advantages which accrue to those countries which host the Community institutions and given that, throughout the capitals of Europe , the headquarters Five years after the accident which led to the explosion of used by international organizations are made available reactor No 4 at the Chernobyl nuclear power station , the at no charge or at symbolic prices (for example , the situation at the site of the accident and the repercussions FAO in Rome pays an annual rent of only one lira)? on the ecology and health of the regions most directly affected are the subject of contradictory reports . The 2 . when making the land available and during the stages European Community has the greatest possible interest — of designing and building the premises , have the both because of its geographical proximity and because of Belgian authorities complied with Community its political and economic contacts with the USSR — in regulations , or at least with Belgian legislation , on the consequences of the catastrophe and needs to be able public works contracts ? to act on the basis of reliable information . 3 . what steps it intends to take if, in connection with the 1 . At the recent IAEA Conference in Vienna (21 — 24 latter question , there is evidence of failure to comply May) a report presented by an international with either Community or Belgian legislation ? committee of experts distinctly minimized the 10 . 8 . 92 Official Journal of the European Communities No C 202 / 15

consequences of the catastrophe , in total population groups , such as children who received high contradiction to the information from Byelorussia and thyroid doses , recovery workers and their offspring , and the Ukraine . To what extent was the Commission evacuated individuals . involved in the preparatory work ? If it was , can it say whether the information about radioactive 2 . The cooperation agreement with the USSR is still contamination was-collected on the spot by experts or being negotiated . However, the Commission is regularly whether it came from the Soviet Government ? Are the informed about the development of the situation at critical groups of the population receiving systematic Chernobyl through direct contacts with the Soviet epidemiological screening and what is the authorities and the IAEA . According to this information , Commission's contribution to this ? the criticality risks within the radioactive mass and the risk of contamination of groundwater are at present 2 . In the context of the Euratom-USSR nuclear negligible . The Soviet authorities have an extensive cooperation agreement proposed by the Commission , network of instruments for measuring the radioactivity is the latter already involved in the action being taken around the 'sarcophagus'. The levels recorded at present in connection with the management of the Chernobyl do not indicate any abnormal increase in radioactivity . 'sarcophagus'? If not, does it have information about the criticality risk level within the radioactive mass and 3 . Food aid from the Community for the USSR has the risk of contamination of the groundwater in the been distributed on the basis of criteria drawn up by the Dnieper basin ? Central and Republican authorities . The Commission did not influence the decision in question . However, the 3 . In the context of the programme of food aid for the Ukrainian and Belorussian authorities have endeavoured USSR, has a specific effort been made to help the 4 to favour the regions affected by radioactive fallout from million Byelorussian , Ukrainian and Russian citizens Chernobyl . who live in the contaminated area, as requested by the European Parliament in May 1990 ?

WRITTEN QUESTION No 2400/91 Answer given by Mr Ripa di Meana on behalf of the Commission by Mr Horus Wijsenbeek ( LDR) (21 January 1992) to the Commission of the European Communities (22 October 1991) (92 /C 202 / 30) 1 . The report presented by the International Advisory Committee , convened by the International Atomic Energy Agency (IAEA), only considered the living conditions in Subject : Driving and rest periods in the transport sector settlements beyond the 30 km evacuated zone . One of the main objectives of the project was to evaluate the Is the Commission aware that moves are being made by necessity for further relocations . The Commission was the Netherlands authorities to launch a major campaign mainly concerned with the evaluation of the protective for the supervision of driving and rest times in the road measures taken . transport sector ? Is the Commission also aware that, in the light of The evaluation of contamination levels was based on, experience earlier this year penalties for the numerous firstly, an evaluation of the data provided by the Soviet infringements in the vegetable , fruit, flower and live authorities and the methods used to obtain them and , animal sectors will be particularly strict ? secondly, an independent verification of these data by the project team , including measurements of environmental Does the Commission agree that, given the nature of contamination and of doses received by the population in these products , speed is of the essence , in view of public these non-evacuated zones . It was concluded that the health and animal protection requirements and the limited maps and levels of contamination provided by the Soviet durability of the products concerned ? authorities were broadly adequate . However, the doses estimated by the Soviet authorities for the periods 0 — 4 Does the Commission also agree that, with this in mind , years and 4 — 70 years after deposition of radioactive present driving and rest periods are particularly restrictive material were overestimates , typically by a factor of about in this sector ? 2 to 3 . Is the Commission prepared to table new proposals for Epidemiological studies have been initiated in the USSR driving and rest periods for these sectors containing by the Central and Republican authorities , and will have special provisions which are more flexible than those to be continued for several decades . The Commission is applying to the remainder of the transport sector ? aware of the initiatives taken by various agencies (e.g. World Health Organization , Council of Europe) and is Is the Commission also prepared to ask the Netherlands considering active involvement in close coordination with authorities to be more lenient with regard to this sector the other agencies . Emphasis will be given to critical when it comes to imposing stricter penalties ? No C 202/ 16 Official Journal of the European Communities 10 . 8 . 92

Answer given by Mr Van Miert provisions on industrial law by a qualified majority, on behalf of the Commission whereas the rest of the Directive's principal elements (31 January 1992) come under Article 100a ( 1 )?

4 . As no explicit answer was given to the first part of The Comjnission welcomes Member States' efforts to my third question in my Oral Questian 937/91 , 1 shall ask police current rules on driving and rest periods in the road the question once again : transport sector, and in the fruit and vegetables , flowers and live animals sector. 'If a proposal for a Directive contains provisions covered both by Article 100a ( 1 ) and Article 100a (2), what voting In the Commission's view, road safety and the fair procedure shall govern its adoption ?' working conditions enjoyed by drivers might be jeopardized by the emphasis on speed advocated by the o OJ No L 122 , 17 . 5 . 1991 , p . 42 . Honourable Member . There are other ways of satisfying O OJ No C 259 , 4 . 10 . 1991 . the economic needs of the sectors in question than through measures which may endanger road safety and drivers' working conditions .

The Commission does, nevertheless , take note of the Answer given by Mr Bangemann Honourable Member's proposal for current legislation to on behalf of the Commission be amended . (12 May 1992)

1 . Article 2 (3) of Council Directive 9 1 /250/EEC of 1 4 May 1991 on the legal protection of computer programs provides that 'Where a computer program is created by an employee in the execution of his duties or following the WRITTEN QUESTION No 2423/91 instructions given by his employer, the employer by Mrs Marijke Van Hemeldonck (S) exclusively shall be entitled to exercise all economic rights in the program so created , unless otherwise provided by to the Commission of the European Communities contract'. The objective of this provision is simply to (30 October 1991) clarify Article 2 (6) of the Berne Convention for the (92/C 202 /31 ) Protection of Literary and Artistic Works in order to determine the right-holders in the case of a computer program created by an employee in the performance of his Subject: Legal protection of computer programmes duties . The Commission considers that this provision does not relate to the rights and interests of employed persons within the meaning of Article 100a of the EEC 1 . Is the Commission of the opinion that Article 100a Treaty . (2) is applicable to Article 2 (3) of Directive 91 /250/EEC O on the legal protection of computer programmes ? 2 ., 3 . and 4 . As the Commission has already indicated in its answer to Written Question No 937/91 , the choice In this connection it should be pointed out that of legal basis for an act is made with reference to its aim Article 100a (2) stipulates that 'Paragraph 1 shall not and content . If the act contains provisions which come apply to fiscal provisions (. . .) nor to those relating to the under Article 100a (2), it cannot be based on Article 100a rights and interests of employed persons'. alone (assuming that the other provisions of the act concern the achievement of the objectives set out in Article 8 a) unless these provisions are indissociable from 2 . Is the Commission of the opinion that, when a legal the principal elements of the act to which they are an instrument contains provisions that come under adjunct . If the provisions which concern the matters Article 100a (2), it may be approved as a whole by the referred to in Article 100a (2) are dissociable from the rest majority provided for in Article 100a ( 1 ), having regard to of the act, they must be incorporated into a second act the derogation contained in Article 100a (2)? using an appropriate legal basis . In any case, the Court in its judgment of 11 June 1991 (Case C-300/89 , 3 . Does the Commission consider that, on the basis of Commission v Council , 'Titanium Dioxide') has excluded the answer which it has already given (937/91 ( 2 )), the possibility of using , for the same act, a legal basis provisions on industrial relations in a legal instrument involving the cooperation procedure (Article 100a of the which 'cannot be dissociated from the principal elements EEC Treaty) and one requiring unanimity in the Council , of the act to which they are an adjunct' can be dealt with such as Article 100 of the EEC Treaty. in such a way that they can be approved by a qualified majority, where Article 100a (2) stipulates unanimity ? Should it therefore be possible to adopt supplementary 10 . 8.92 Official Journal of the European Communities No C 202/ 17

WRITTEN QUESTION No 2452/91 income from agriculture and how many derive less , on a by Mr James Ford ( S) State by State basis ? to the Commission of the European Communities (4 November 1991) (92/C 202/32) WRITTEN QUESTION No 2460/91 by Mr Alex Smith (S) Subject : Falconry to the Commission of the European Communities Will the Commission comment on the United Kingdom's (4 November 1 991) use of a derogation under Article 9 of the 1979 Directive (92/C 202/35) on the Conservation of Wild Birds, which the UK Government used to legitimize the sale of live birds of prey, notwithstanding the fact the sale of live birds of prey Subject: Part-time farmers in the EC is specifically prohibited by that Directive ? Will the Commission state what is the minimum qualification they use to determine a 'part-time farmer' in terms of time and income ? Answer given by Mr Ripa di Meana on behalf of the Commission (31 March 1992) WRITTEN QUESTION No 2461 /91 The UK Government has not communicated a derogation by Mr Alex Smith (S) to the Commission under Article 9 of the Directive 79/409/EEC covering the sale of live birds of prey ('). to the Commission of the European Communities (4 November 1 991) The Commission will examine this issue with the UK (92/C 202 / 36) competent authorities . According to the UK Government, certain birds of prey can be shown to have been bred in captivity . Subject : Part-time farmers in the EC o OJN0LIO3 , 25 . 4 . 1979 . Will the Commission detail the number of part-time farmers in the EC on a State by State basis ?

WRITTEN QUESTION No 2458/91 Jomt answer to Written Questions Nos 2458/91 , 2459/91 , 2460/91 and 2461 /91 by Mr Alex Smith (S) given by Mr Christophersen to the Commission of the European Communities on behalf of the Commission (4 November 1 991) (92/C 202 /33) (22 January 1992)

Subject: Part-time farmers in the EC There is no clear-cut definition of part-time farmers for statistical purposes in the Community. The scale of Have the Commission any details of the major sources, part-time farming in the Community can be gauged, other than agriculture , from which part-time farmers in however, from the data collected for the Community the EC derive income ? survey on the structure of agricultural holdings ('). As Table 1 shows , only a quarter of all persons permanently employed in agriculture (EUR 12) in the Community in 1987 worked full time on agricultural holdings . Three WRITTEN QUESTION No 2459/91 quarters (76,3%) of them thus had another gainful by Mr Alex Smith (S) activity, were employed in housework or were otherwise to the Commission of the European Communities unemployed . The ratio of persons not working full time (4 November 1991) on holdings to the total number of persons permanently employed in agriculture varies between Member States , (92/C 202 /34) ranging from 48 % in the Netherlands to 94 % in Greece (see Table 1 ). Subject : Part-time farmers in the EC More than half (56,5 %) of all holders in the Community Will the Commission detail the numbers of part-time spent less than 50% of their working hours on their farmers in the EC who derive more than 50% of their holdings , with as many as 40,9% of them spending less No C 202 / 18 Official Journal of the European Communities 10 . 8 . 92 than 25 % of their working hours there (see Table 2). Two TABLE 2 thirds (66,9%) of other family members also spent less Distribution of farm labour force by working time (') on than 50% of their working hours on holdings . By holdings in 1987, %, EUR 12 contrast, two thirds of permanently employed wage-earners were engaged on a full-time basis . Time worked (') on holding

The Commission does not yet have at its disposal reliable > 0-<25 25- < 50 50- < 75 75- < 100 statistical data on the income structure of those households that derive income from self-employed Holders 40,9 15,6 10,7 5,6 agricultural activity. There are various projects underway aimed at compiling such statistics . Mention should be Member of holder's made in this context of the Eurostat project 'Total family O 66,9 19 disposable income of agricultural households'. For the Non-family labour purposes of this project, agricultural households are taken regularly employed ( 2 ) 18 ,6 14,4 to be those that derive 50 % or more of their income from independent agricultural activity . The focus of interest (') Percentage of annual time worked by a full-time worker. here is the total income of the households defined in this O Holdings where the holder is also the manager and where his time way, including unearned income (i.e. property income , worked is greater than zero . social benefits and current transfers). Those households Source : Eurostat — Community Farm Structure Survey 1987 . whose income from independent agricultural activity accounts for less than 50% of the total income of the reference household could therefore be classed as part-time farmers . WRITTEN QUESTION No 2469/91 This Eurostat project is still being developed . However, the Commission would refer the Honourable Member to by Mr Sotiris Kostopoulos (S) the Eurostat publication 'Total income of agricultural to the Commission of the European Communities households , 1991 report', which will shortly be available . (4 November 1 991) This report, which is still based on largely unharmonized data , focuses on those agricultural households whose (92/C 202 /37) income from independent agricultural activity exceeds their other income . The inclusion of part-time farmers in the statistics is planned for a later stage of the project. Subject: Pollution caused by cement factories

(') The surveys on the structure of agricultural holdings cover Many cement factories , for example in Elefsina and agricultural production units that produce for the market. Halkida , are continually polluting the natural environment, endangering the health of the local TABLE 1 populace day by day . Will the Commission urge the Greek Government to take measures to stop environmental Persons employed in agriculture who in 1987 did not work pollution by cement factories in order to avoid an full time on agricultural holdings ecological disaster ?

Proportion of Number total agricultural (in 1 000) population (%) Answer given by Mr Ripa di Meana Belgium 71,00 48,40 on behalf of the Commission Denmark 83,20 56,30 (22 January 1992) Germany 1 141,00 70,30 Greece 1 947,60 93,50 Spain 2 607,50 75,90 Within the framework of the implementation of Council Directive 84 /360/EEC of 24 June 1984 on the combating France 1 126,00 55,40 of air pollution from industrial plants (') the Commission, Ireland 254,30 63,60 in collaboration with the Member States and Italy 4 527,40 87,80 representatives of industry concerned , drew up a technical Luxembourg 5,58 57,20 memorandum on the best available technologies for Netherlands 140,70 48,00 reducing air pollution caused by cement factories . Portugal 1 215,00 72,90 United Kingdom 305,90 50,60 The memorandum lays down limit values for emissions of air pollutants from existing or new cement factories . EUR 12 13 425,18 76,30

Source : Eurostat — Community Farm Structure Survey 1987 . It has been approved by the Greek authorities and forwarded to them . 10 . 8.92 Official Journal of the European Communities No C 202 / 19

The Commission is sending a copy of the memorandum circulation , such as pallets , cases , crates, barrels and direct to the Honourable Member and to Parliament's shrink-wrapping . From 1 April 1992 onwards , businesses Secretariat-General . will be required to take back special packaging that is used to protect outer packaging and , from 1 January 1993 (') OJNoL 188 , 16.7 . 1984 . onwards , outer packaging itself .

According to the Dutch shippers' organization EVO , foreign shippers have not been given sufficient time to prepare for the impact of the new German law.

WRITTEN QUESTION No 2493/91 With a view to the new law , the so-called DSD system by Mrs Cristiana Muscardini (NI) (Duales System Deutschlands) has been set up in to the Commission of the European Communities Germany. Packaging is collected and sorted under (4 November 1 991) DSD, which is separate from public waste-disposal arrangements . Firms participating in DSD are not (92/C 202/38) required to take back packaging themselves , which is financially very attractive to them . It is feared that DSD Subject: Risks in connection with prolonged use of may be used for non-environment-related purposes . In audiovisual media particular, foreign suppliers may suffer in that it is the German participants in DSD that determine which A University of California study involving 1 000 children packagings may be handled . Since the DSD system does has produced evidence of metabolic change in children not have sufficient processing capacity, foreign operators who , because of an excessive interest in television and are likely to be obliged to take back packagings to the constant use of remote controls , spend a continuous supplying country, involving increased shippers' costs , period of some three hours a day in front of a television additional logistical problems and more shipping screen . In view of this, does the Community not intend to operations , which themselves are environmentally provide appropriate information for families so that they harmful . In the Netherlands , furthermore , the import of can prevent adolescents from spending too long an such waste products is subject to licensing , which in turn unbroken period in front of a television set ? generates additional problems and costs . 1 . Is the European Community prepared to urge the German Government not to introduce the law until suppliers are thoroughly prepared and there is Answer given by Mr Van Miert on behalf of the Commission sufficient processing capacity in Germany ? (27April 1992) 2 . Is the Commission prepared to examine whether there are aspects of the German DSD system that may The Commission has not seen the study referred to by the disadvantage foreign suppliers and hence foster Honourable Member . The Commission would be obliged distortions of competitions and protectionism ? if the Honourable Member would arrange for it to receive a copy, if possible , so that it can examine it and draw the 3 . How does the European Community view this appropriate conclusions . German law — one that may result in additional and unnecessary shipments of packaging materials ?

WRITTEN QUESTION No 2494/91 Answer given by Mr Bangemann by Mr Ben Visser (S) on behalf of the Commission to the Commission of the European Communities (17January 1992) (4 November 1 991) (92/C 202/39) 1 . The German authorities' intention of adopting a general Regulation on packaging was known over a year Subject: New German law on packaging — freight before it was adopted , since the successive drafts aroused packaging comment from many sectors , including press . In addition, the Regulation provides for differentiated dates for On 1 December 1991 , a new regulation on packaging implementing some of the rules . It would therefore be comes into force in Germany under which firms exporting difficult to argue that the time limits provided for to Germany can be held responsible for taking back, in the Regulation would entail discriminatory and reusing and processing packaging they have put into disproportionate barriers to the free movement of goods No C 202/20 Official Journal of the European Communities 10 . 8 . 92 in the context of the court's case law concerning Article 30 and use of cadmium and its compounds as a pigment or of the EEC Treaty . Accordingly, it seems inappropriate to stabilizer and for cadmium surface treatment (cadmium urge the German authorities to postpone this measure , plating). given the urgent need that they have encountered to limit packaging waste because of the growing inadequacy of The Commission proposed the Directive to the Council in landfill sites in Germany . response to a notification from the Netherlands under Directive 83 / 189/EEC ( } ) relating to a draft national law 2 . The Commission is examining the DSD system in laying down strict rules for the use of cadmium and its the light of Articles 85 and 86 of the EEC Treaty. compounds . The Netherlands has to bring its national legislation into line with the requirements of the Council 3 . The obligation to take back containers is regarded Directive . by the Court of Justice as not being disproportionate to the objective of protecting the environment in the light of The abovementioned Directive 9 1 /33 8 /EEC lays down Article 30 EEC (Judgment of 20 September 1988 in Case two dates of entry into force, 31 December 1992 and 31 No 320/ 86 Commission v. Denmark). The Commission December 1995 , depending on the products concerned , to has not so far been apprised of any substantive factor allow the time required for substitutes to be developed by which would overturn this ruling with regard to the the industrial sectors affected . German Regulation . The Commission is of course willing to examine any details which the Honourable Member O OJN0LI86, 12.7 . 1991 . might wish to supply in this connection . Moreover, it O OJ No L 262 , 27 . 9 . 1976 . might be possible to resolve certain practical problems by O OJ No L 109, 26 . 4 . 1983 . making use of the possibilities offered by Article 1 1 of the Regulation of 12 June 1991 which allows producers' and distributors' obligations to take back packaging to be fulfilled by third parties .

WRITTEN QUESTION No 2644/91 by Mr Virgilio Pereira (LDR) to the Commission of the European Communities WRITTEN QUESTION No 2520/91 (19 November 1 991) by Sir Fred Catherwood ( ED) (92 /C 202/41 ) to the Commission of the European Communities (8 November 1 991) Subject : Trans-European road and rail networks (92/C 202/40) The policy of bringing the various European capitals Subject: Cadmium Red closer together prompted the Commission to consider a policy of modern transport, so as to shorten distances Does the Commission envisage legislation on the use of within the continent of Europe . Cadmium Red as a colourant in the manufacture of plastics ? Is the Commission considering extending these networks to the islands and peripheral regions of Europe , thereby Is it true that the Netherlands has already introduced a helping to replace and modernize the equipment used on unilateral ban on the import of plastics containing the passenger and cargo shipping lines to those regions Cadmium Red ? and among the islands, so as to make them less remote and reduce prices ? If not, such regions are in danger of If legislation is introduced, will manufacturers have a becoming increasingly distant from the major European period of grace in which to find an alternative to decision-making centres and their socio-economic Cadmium Red ? problems will be aggravated .

Answer given by Mr Bangemann Answer given by Mr Van Miert on behalf of the Commission on behalf of the Commission (20 January 1992) (11 May 1992)

On 18 June 1991 , the Council adopted Directive The infrastructure networks of Community interest, 91 /338 /EEC (') amending for the tenth time Directive which form part of the EC's transport policy, already 76/769/EEC (*) concerning restrictions on the marketing cater for ports and airports in island regions . 10 . 8.92 Official Journal of the European Communities No C 202/21

The Community's road and rail networks radiate from its Should it transpire , however, that sets of the kind principal sea and air ports . Besides easing the flow of described by the Honourable Member are being marketed traffic they also serve to connect island regions to the in the Community, it would be necessary to establish mainland . whether the technical features were based on a requirement laid down by the rules in force in the As part of its regional policy the Community has financed Member State where they were granted type approval . transport infrastructure projects in or with island regions Only in such a case would the provisions of the EEC eligible for ERDF assistance where the Member States Treaty concerning the free movement of goods and concerned have applied for it . freedom to provide services be called into question, as this would constitute a measure taken by the Member State The Commission has serious reservations about and liable to have a restrictive effect on trade within the Community funds being made available to help Community. modernize equipment owing to the effect this would have on competition . As far as the Commission's departments are aware, no such requirement is imposed by any of the Member States . Should certain manufacturers have decided to equip their sets in the manner described by the Honourable Member, this would be a matter for them to decide . The WRITTEN QUESTION No 2687/91 Commission would not therefore consider it appropriate by Mr Carlos Robles Piquer (PPE) to take any action . to the Commission of the European Communities However, the Commission's departments will be happy to (19 November 1 991) study any further information which may be supplied by (92 /C 202/42) the Honourable Member on the subject .

Subject: Defending freedom of competition in television manufacture

In the field of television broadcasting, it is still firecely contested whether certain Community countries have the WRITTEN QUESTION No 2773/91 right to continue to manufacture television sets which by Mrs Mary Banotti (PPE) automatically link up with a specific broadcasting station to the Commission of the European Communities when switched on . (22 November 1 991) Stations which do not enjoy this facility believe that the (92/C 202 /43) automatically-connected stations are benefiting from user-preference to the detriment and distortion of freedom of competition , which would be guaranteed if Subject : Coastwatch Europe the viewer had to select his or her own channel . What is the curent status of the Coastwatch Europe Does the Commission believe that in order to protect project and how is the Commission assessing the results ? freedom of competition in the television broadcasting sector, there is a need for legislation laying down that television sets should not connect automatically to any given channel and that the viewer must exercise his or her Answer given by Mr Ripa di Meana own preference with regard to television channels , thus on behalf of the Commission preventing distortion of competition between the various (12 May 1992) broadcasting companies ? Coastwatch Europe is a snapshot survey of the European coastline . It was designed and tried in Ireland in 1987 . A Answer given by Mr Bangemann first European project at pilot scale was supported in 1988 on behalf of the Commission by the Commission . Since then the Commission has been financing yearly surveys of large sections of the European (11 May 1992) coastline .

The Commission is not aware of television sets being The third survey was undertaken by the Coastwatch marketed in one or more Member States with a Europe network in autumn 1991 . Surveys were carried out pre-selected channel stored in the memory. between the last week of September and October 1991 around the coast of 14 countries (Belgium, Denmark, Normally, these sets are equipped with a system which Germany, Greece , Spain , France, Ireland , Iceland, the enables the viewer to select whichever stations he or she Netherlands , Norway, Poland , Portugal, Sweden and the chooses and programme them into the memory according United Kingdom) and the Republics of Latvia and to personal preference . Estonia . Results of the surveys are being returned to No C 202/22 Official Journal of the European Communities 10 . 8.92

Coastwatch Europe and computer analysis of national WRITTEN QUESTION No 2803/91 data is soon to be completed . At this stage, they have by Mr John McCartin (PPE) collected a large amount of data on drinks cans and plastic beverage containers with actual counts per 500 metres of to the Commission of the European Communities coast in Europe . (5 December 1 991 ) (92/C 202 /45) Results will be commented on and a follow-up has been launched at the Brussels seminar in February 1992 . Subject: Review of the less-favoured areas in Ireland

Can the Commission state why it rejected a small area of south-east County Galway (around Portumna) for reclassification as severely handicapped under the recent review of this scheme , and is the Commission prepared to WRITTEN QUESTION No 2780/91 reconsider its decision , since this small area is the only by Mr Reimer Boge ( PPE) part of the province of Connacht which is not now to the Commission of the European Communities classified as severely handicapped ? (22 November 1 991) (92/C 202/44) Answer given by Mr Mac Sharry Subject: The Phare programme on behalf of the Commission (10 April 1992) As part of the Phare programme the European Community has funded the delivery of 45 000 tonnes of cereals from Hungary to Albania . The designation of particular areas as more, or less , severely handicapped in the context of Council Is it true that the first batches of grain to arrive in Albania Directive 75 /272/EEC (') is a matter for the national were not of bread-making quality but feed grain ? What authorities in the first instance , acting on the basis of were the quantities involved ? objective criteria and within the available budgetary resources . The Commission has no difficulty with the What quality criteria were contained in the supply position of the Irish authorities in this matter. contract concluded by the Commission ? o OJNoL 128 , 19 . 5 . 1975 . What conclusions has the Commission drawn from this for future triangular transactions in the field of food aid ?

Answer given by Mr Andriessen on behalf of the Commission WRITTEN QUESTION No 2932/91 (23 April 1992) by Mrs Christine Crawley (S) to the Commission of the European Communities At the end of August/beginning of September last year (9 December 1 991) the European Community provided funding under the (92/C 202 /46) Phare programme for the supply of 45 000 tonnes of cereals from Hungary to Albania as an immediate response to the emergency "in Albania . Use was made of a Subject: Trade in antique goods cereal supply contract already negotiated between the Hungarians and the Albanians which included , Hungary's usual quality standards for grain for breadmaking . The We all welcome the Commission's efforts to stop the trade Commission ascertained that the agreed prices and in new ivory and support its aim to stop the needless conditions were in line with accepted terms . The cereals slaughter of countless elephants . However, concern has were sent by rail because this ensured faster delivery and been expressed by constituents concerning the buying and relieved the seaports which were already at stretching selling within Europe of bona-fide antiques, for instance , point . In this way not only was speedy and immediate pianos , which contain small amounts of antique ivory . Is assistance afforded to Albania but help also provided to the Commission able to assure members of this trade that the Hungarian economy in keeping with the objectives of their legitimate businesses will not become more difficult the Phare recovery programme . (which would only service to encourage illicit trading in ivory) and would the Commission detail what paperwork will be needed post 1992 by sellers, buyers, transporters and Customs and Excise ? 10 . 8.92 Official Journal of the European Communities No C 202/23

Answer given by Mr Ripa di Meana WRITTEN QUESTION No 2942/91 on behalf of the Commission by Mr James Ford (S) (10 February 1 992) to the Commission of the European Communities (9 December 1 991) The trade in specimens of species , covered by the (92 /C 202 /48 ) provisions of Council Regulation (EEC) No 3626/ 82 ('), within the Community is subject to the provisions of Article 6 thereof. For ivory this means that specimens , Subject : Definition of 'express road' legally imported into the Community before the import ban became applicable to them , can continue to be sold . According to OJ No L 175 of 5 July 1985 , p. 44 , in the footnote thereto 'For the purposes of the Directive , Imports of ivory from third countries for commercial express road means a road which complies with the purposes is only allowed if worked specimens can be definition in the European Agreement on main proven to be over 100 years old (antiques). In the proposal international traffic ...' which Agreement of 15 for a Regulation on the possession of and trade in November 1975 it has been possible to locate . Will the specimens of wild fauna and flora ( 2 ) this is reduced to 50 Commission provide copies of the Agreement referred to ? years . Imports from outside the Community require the prior issue of an import permit and commercial activities involving ivory within the Community require the prior Answer given by Mr Van Miert issue of a certificate . on behalf of the Commission o OJNoL384 , 31 . 12 . 1982 . (8 April 1992) O Doc. COM(91 ) 448 final — SYN 370 , 6 . 12 . 1991 . The agreement referred to by the Honourable Member comes within the ambit of the Geneva-based Economic Commission for Europe . It was published under reference No ECE/TRANS/ 16 . WRITTEN QUESTION No 2939/91 A copy of the agreement has been sent to the Honourable by Mr Christos Papoutsis (S) Member and to Parliament's Secretariat . to the Commission of the European Communities (9 December 1 991) (92/C 202/47)

Subject: Protecting the property of Community citizens who have left Zaire WRITTEN QUESTION No 2978/91 Following the recent political developments in Zaire , a by Mr Charles Baur ( LDR) large number of Community citizens , including many Greeks, have been forced to leave the country and to the Commission of the European Communities abandon their property . (13 January 1992) (92 /C 202/49) What measures will the Commission take to protect the abandoned property in Zaire ? Subject : Differences in standard charges paid by farms

The Commission very recently issued proposals in Answer given by Mr Marin on behalf of the Commission connection with the common agricultural policy. (9 April 1992) In this connection does it not believe that, in addition to an approach geared to production requirements, reform The protection of property abandoned in Zaire by should also tackle the problem of rural society in Europe ? nationals of Member States is a matter for the Member States concerned . The fact is that European regions are in competition with each other and that this is based in part on differences The Commission has therefore no authority to intervene in the standard charges paid by farms . In connection in the settlement of the problems raised by the with a previous Written Question (No 1341 /91 ) ('), the Honourable Member. Commission stated that it did not have full information on such charges and failed to provide a satisfactory answer . No C 202 /24 Official Journal of the European Communities 10 . 8 . 92

Would the Commission therefore seek to provide detailed 4 . loans and grants, if any, stating object and sum , information on the standard charges paid by farms in Europe and , where necessary, put in hand a comparative 5 . quotas by product group for exports to the European study to reveal the differences which exist ? Community . o OJN0C66 , 16 . 3 . 1992 .

Answer given by Mr Andriessen on behalf of the Commission Answer given by Mr Mac Sharry (4 February 1992) on behalf of the Commission (3 April 1992) 1 . Total humanitarian aid to Albania approved by the Commission amounted at 31 December 1991 to Ecu 24 The Commission's recent proposals in connection with million , broken down as follows : the reform of the common agricultural policy are not confined to production requirements but rather cover a (i) Ecu 1,5 million for the most urgently needed whole series of measures relating to the countryside , the medical supplies . Delivery was scheduled to be afforestation of agricultural land and early retirement for completed by the end of December . certain farmers (targeted at restructuring). (ii) Ecu 15 million , of which Ecu 10 million will be financed from the 1992 budget, for the supply of Agricultural holdings are liable to several taxes and fiscal , bread wheat, half of which has already been parafiscal and property charges . While detailed data of all delivered . these cha do exist, an inventory could only be drawn up at Member State level . Some national publications provide (iii) Ecu 2,5 million to finance operations run by NGOs , averages per agricultural holding or aggregated data at including Ecu 1,5 million for humanitarian relief for national level . Albanian refugees in Italy (Ecu 1 million) and Greece (Ecu 0,5 million). The Commission is sending the Honourable Member and the Parliament Secretariat a few examples of these figures . (iv) Ecu 5 million for the continuation in 1992 of the programme to import medical supplies and the Bearing in mind the studies to be conducted and subject to establishment of a financial facility for NGOs the priority allocated to the questions to be answered , the working in Albania . Commission staff takes note of the Honourable Member's request . It should be remembered , however, 2 . The Commission has carried out two missions to that such taxes and charges are not subject to identify technical assistance needs for economic harmonization at Community level . reorganization : one for agriculture and the other covering SME, privatization and industry . These missions were scheduled to result in the following aid decisions by the end of 1991 :

(i) Ecu 650 000 for an SME pilot project covering the establishment of arrangements for policy and institution building , business advisory centres and WRITTEN QUESTION No 3001 /91 financial facilities . by Mrs Patricia Rawlings ( ED) (ii) Ecu 400 000 for a programme of technical assistance to the Commission of the European Communities for privatization and investment promotion . (13 January 1992) (92/C 202 / 50) Fuller technical assistance and training programmes for, individual sectors will be drawn up for adoption under the Phare programme during 1992 , notably for agriculture . Subject: Community support for Albania 3 . Not applicable . Will the Commission list the decisions taken to date on aid to Albania as follows : 4 . The assistance described in point 2 is being financed under the Phare programme and is therefore in grant 1 . humanitarian by type and value , form . 2 . studies by subject and value, 5 . Under Regulation (EEC) No 3859/91 (') the 3 . infrastructure projects by general description and Council abolished specific quantitative restrictions value , hitherto applied by the Community to imports of 10 . 8.92 Official Journal of the European Communities No C 202/ 25

Albanian products . Non-specific quantitative restrictions The low take-up rate of the 'implementation' have also been suspended in all Member States , except subprogramme is due to the delay in setting up the Spain and Portugal , until 31 December 1992 . company to manage the appropriations for technical assistance for all the measures contained in the Greek Negotiations will take place shortly on a trade and CSF . commercial and economic cooperation agreement . The take-up rate for the ERDF subprogramme is also o OJ No L 362 , 31 . 12 . 1991 . relatively low; this was due particularly to the time given over to drafting some preparatory studies before starting the measures .

As most difficulties have now been overcome, an improvement in the position is expected in 1992 .

WRITTEN QUESTION No 3021 /91 by Mr Filippos Pierros (PPE) to the Commission of the European Communities (13 January 1992) WRITTEN QUESTION No 3033/91 (92/C 202/ 51 ) by Mr Sotiris Kostopoulos (S) to the Commission of the European Communities Subject: Take-up rate of funds under the Regional (13 January 1992) Enterprise Programme for the Peloponnese within the Community Support Framework (92 /C 202/52)

A reliable although not always adequate indicator of the Subject: Threatened despoliation of the traditional effectiveness of the Community Support Framework is village of Oia and the nearby archaeological site the extent to which the relevant appropriations are taken of Kouloumbos up . However, no clear information about this is available for the Regional Enterprise Programme for the According to complaints from inhabitants of the Greek Peloponnese . What specific information can the island of Santorini , the traditional village of Oia is Commission provide about the take-up rate , if possible threatened with disfigurement by rubbish dumps which broken down by prefecture and by type of project are planned to be established next to the archaeological (infrastructure , Social Fund , etc.)? site of Kouloumbos . Will the Commission state how it intends to demonstrate its concern at the despoliation of this part of Europe's cultural heritage ?

Answer given by Mr Millan on behalf of the Commission Answer given by Mr Ripa di Meana (22 April 1992) on behalf of the Commission (7 May 1992) On the basis of the most recent data available to the Commission , the take-up rate on 31 December 1991 for Installations for the disposal of industrial and domestic the operational programme for the Peloponnese region , waste , like the dump planned on the island of Santorini , by subprogramme , was : are listed in Annex II to Directive 85 / 337/EEC (') as projects for which an assessment must be conducted

96 whenever they are likely to have a significant impact on the environment . Subprogramme 1991 take-up rate If hazardous wastes were accepted at the dump , an ERDF 51 environmental impact assessment of the plant would be EAGGF Guidance Section 87 compulsory , in order to comply with Council ESF 104 Directive 85 / 337/EEC . Article 5 of the Directive requires the Member States to adopt the necessary measures to Urban areas (ERDF) 57 ensure that the developer supplies , in an appropriate Implementation 3 form , the information specified in Annex III to the Directive . In addition , the Member States must ensure that any request for development consent and any The take-up rates reflect the expenditure carried out in information gathered pursuant to Article 5 of the 1991 by the agencies responsible for the implementation Directive are made available to the public and that the of projects compared to the programme forecasts for that public concerned is given the opportunity to express an year plus the accumulated delays of previous years . opinion before work on the project starts . No C 202/26 Official Journal of the European Communities 10 . 8 . 92

The competent authorities are required to decide the Studies have been conducted and a timetable has been set detailed arrangements for this information and for action . consultation . Finally, Article 4 of Council Directive 91 / 156/EEC on waste (2) and Article 5 of Directive Schemes , part-funded by the structural Funds , are now 78 /319/EEC ( 3) stipulate that waste disposal may not under way on industrial effluent treatment, solid waste harm the environment and , in particular, must not and chromium recovery, as part of the operational adversely affect the countryside or places of special programme for the Tagus valley and under the Envireg interest . programme . o OJNoL 175 , 5 . 7 . 1985 . O OJ No L 78 , 26 . 3 . 1991 . According to the Commission's information about the O OJNoL 84 , 31.3 . 1978 . newly-cosntructed tannery, the regional environmental authorities' opinion on the plan warned of the dangers of the growing concentration of heavily polluting industries and gave instructions on the use of new clean or less-polluting technologies . The new tannery has its own effluent treatment unit .

WRITTEN QUESTION No 3045/91 by Mr Sérgio Ribeiro (CG) to the Commission of the European Communities (13 January 1992) (92/C 202/53)

WRITTEN QUESTION No 3062/91 Subject: Environmental situation in an area of Portugal by Mr Filippos Pierros (PPE) Environmental situation in a large area of Portugal made to the Commission of the European Communities up of the municipalities of Santarem and Alcanena in the (13 January 1992) Santarem district resulting from the pollution of the river (92/C 202 / 54) Alviela has greatly worsened , sometimes reaching disastrous proportions , and makes living in the area difficult and even dangerous . Subject: Take-up rate of appropriations under the Despite efforts at national level , particularly by the local Multi-Fund Operational Programme for authorities and residents of the area who have even Research and Technology within the resorted to boycotting elections , the situation has Community Support Framework for Greece worsened over the last year with the construction of three large tanneries and extensions to some existing ones The Multi-Fund Operational Programme for Research without the necessary environmental impact assessment and Technology is of enormous importance for having been carried out and without any improvement modernizing research and technological structures in being made to the inadequate existing system for the Greece and increasing its productive capacity . A relatively treatment of effluent. reliable indicator of progress made by the programme is the take-up rate of funds . However, no clear and Action must clearly be taken at a higher level , as became unambiguous information on this is available . What clear when , at our invitation, a visit was made to the specific information can the Commission provide European Parliament during the June 1991 part-session . concerning take-up rates and what is its assessment of the situation thus revealed ? What funding can the Commission provide for a study of the situation as a basis for proposals for specific measures to halt the environmental deterioration of this area and what steps can it take to implement such proposals ? Answer given by Mr Millan on behalf of the Commission Answer given by Mr Ripa di Meana (26 March 1992) on behalf of the Commission (6 May 1992) The operational programme for Research and Technology earmarked for structural fund assistance in The situation described by the Honourable Member has the Community Support Framework for Greece been diagnosed by the national environmental authorities ( 1989 — 1993), was adopted by the Commission in July at both central and regional level . 1990 . 10 . 8 . 92 Official Journal of the European Communities No C 202/27

Expenditure resulting from this programme at the end of Any suggestions concerning the expansion of those 1991 is provisionally estimated at 50 % of the forecasts for consultations should be sent to the national authorities . this period .

One major weak point in the programme's implementation has been the non-existence of an adequate programme management structure . This issue was considered in November 1991 by the Programme's WRITTEN QUESTION No 3097/91 Monitoring Committee and appropriate corrective action by Mr Jean-Pierre Raffarin ( LDR) is being taken by the Greek authorities . to the Commission of the European Communities (13 January 1992) Although the present rate of absorption of credits is not (92/C 202 /56) satisfactory, it is expected to improve considerably in 1992 with the essential technical assistance measures in place . Subject : Animal feed (high-protein peas) The proposed reform of the CAP will have major repercussions , in particular for the animal feed industry . As regards feedingstuffs for ruminants , simulation studies on the likely development of the rates of incorporation of raw materials into animal feed have shown inter alia that WRITTEN QUESTION No 3092/91 producers of high-protein peas will lose out considerably as a result of this reform and their position will become by Mr Jean-Pierre Raffarin ( LDR) very insecure . to the Commission of the European Communities (13 January 1992) Could the Commission not review its proposal on this matter to ensure that the production of high-protein peas (92/C 202/55) is not jeopardized, which would be incompatible with Europe's policy of ensuring an independent supply of protein ? Subject : Areas of special interest for the protection of wild birds

Answer given by Mr Mac Sharyy A survey is currently under way in France to define areas on behalf of the Commission of special interest for the protection of wild birds in the European Community . (6 May 1992)

Although such areas have no regulatory or legal value , In relation to the proposals to reform the common they obviously serve as a reference for the definition of agricultural policy, the impact for the animal feed 'special protection areas' (SPAs) and 'special conservation industry will be largely conditioned by any change in areas' (SCAa) laid down in the Directive on wild birds and demand for its production . In general , the proposed the draft Directive on habitats for flora and fauna . reforms benefit the industry by proposing to make the inclusion of an increased proportion of cereals more attractive due to significantly lower market prices for What guarantees does the Commission require to ensure cereals . that Member States take genuinely concerted action in defining such areas ? What organizations does the The Commission's proposals for supporting the incomes Commission wish to consult on this matter ? What of farmers who grow peas for animal feed are set out in arrangements have been made to act in cooperation with COM(91 ) 379 . hunting and fishing associations ? For 1993/94 a regionalized flat-rate payment per hectare is proposed . For subsequent years it is proposed either to maintain this approach or to use a more complex approach analogous to that which the Council adopted in December 1991 for oilseeds . Answer given by Mr Ripa di Meana on behalf of the Commission For 1993 /94, simulations made by the Commission (28 February 1992) suggest that there would be no particular incentive for farmers to modify their crop rotation . For subsequent years , the flexibility of the Commission's proposal is Special protection areas are designated in France by the designed to cope with a wide range of developments . competent national authorities in close cooperation with the area bodies concerned . No C 202/28 Official Journal of the European Communities 10 . 8 . 92

WRITTEN QUESTION No 3108/91 As the answer states that 'the Commission will take account of all foreseeable effects on the art market', could by Mr Yves Verwaerde ( LDR) the Commission state exactly what it plans to do to to the Commission of the European Communities protect the art market ? (24 January 1992) (92/C 202 /57) Although the development and the increasingly international nature of the art trade mean that tax harmonization is essential to prevent distortions of Subject : The Community's relations with the regime of competition , unduly heavy taxation is likely to work to the Madagascan President Didier Ratsiraka the disadvantage of a market already facing difficulties .

Would the Commission state its position with regard to O OJ No C 323 , 13 . 12 . 1991 . the dictatorial regime of President Didier Ratsiraka after the presidential guard's bloody repression of the Madagascan revolution on 10 August 1991 ? Answer given by Mr Mrs Scrivener on behalf of the Commission (20 May 1992) Answer given by Mr Marin on behalf of the Commission (5 May 1991) The Commission presented its proposal for a Council Directive on special arrangements for second-hand goods , works of art, antiques and collector's items (') at When the bloody repression of the demonstration on the beginning of 1989 . The proposal , which was the 10 August 1991 was announced , the Commission subject of a number of technical discussions within the immediately took the necessary steps for a statement by Council , is now one of the priorities for the Portuguese the Community condemning acts of violence . Presidency .

In fact, economic cooperation was already frozen because In so far as those arrangements are intended to exclude official relations with the Malagasy Government have the risks of double taxation and to provide a simple been suspended . system of taxation for the goods in question , they should , in general , have a positive effect on the development of the art market . The Commission hopes that the November 1991 agreement will enable the transitional government to draw up a new constitution and to organize free elections The Commission is also in favour of including works of in the interests of the whole population . art, antiques and collector's items in the list of products qualifying for the reduced rate of VAT, as advocated by Parliament in its opinion of June 1991 .

O COM(88 ) 846 .

WRITTEN QUESTION No 3110/91 by Mr Yves Verwaerde ( LDR) to the Commission of the European Communities (24 January 1992) WRITTEN QUESTION No 3130/91 (92 /C 202 / 58 ) by Sir James Scott-Hopkins (ED) to the Commission of the European Communities Subject : VAT on works of art, antiques and collectors ' (24 January 1992) items (92/C 202 / 59)

In her answer to a written question on VAT on works of art, antiques and collectors' items (No 1633 /91 ) ( x ), the Subject: International calls in 1993 Commissioner responsible for taxation said that the Council working parties have had to spend more time What funds does the Commission envisage will be recently on devising the general VAT system that will provided to help the twelve Member States implement the apply from 1993 and that matters relating to the seventh decision that, from January 1993 , all international calls Directive are still outstanding . will be prefixed by the same '00' access code ? 10 . 8 . 92 Official Journal of the European Communities No C 202/29

Answer given by Mr Pandolfi extend to the Lanzo valleys in Piedmont . The scheme is on behalf of the Commission likely to disrupt the local ecosystem on account of the .(12 May 1992) large-scale purification of water to supply the new facilities .

The proposal for a Council Decision on harmonization of Are such projects compatible with Community the international telephone access code in the Community environmental protection legislation ? calls for the six Member States who currently do not use the number 00 for access to the international telephone service (i.e. Denmark, France , Ireland , the Netherlands , Spain and the United Kingdom) to introduce 00 by a general target date of 31 December 1992 . Answer given by Mr Ripa di Meana on behalf of the Commission The Decision does , however, provide flexibility for the introduction of 00 to be made in step with Member States' (24 April 1992) overall plans for network development, recognizing that this allows the high disruption and costs of such a number change to be minimized whilst still realizing the benefits Hydroelectric schemes such as the one referred to are of harmonization within a reasonable timeframe . Member covered by Annex II to Directive 85 /337/EEC (*) and an States are therefore given until 1998 at the latest environmental impact assessment must therefore be (referenced to the particular situation of Spain) to carried out if such a scheme is thought likely to have a introduce 00 . major impact . There are no specific provisions of this kind in Italian law , except for certain types of dam . Without The Decision thus allows the costs of the number change further information it is impossible to say whether the plant or plants in question constitute such dams : the to be largely absorbed into overall development costs so Commission is therefore unable to tell the Honourable that the marginal cost of the number change is Member whether an environmental impact assessment has unremarkable compared to other network developments been or will be carried out for this scheme . planned by Member States . As such , there is no reason to single it out for special funding by the Community . Under Article 169 of the Treaty , infringement Furthermore , it would be extremely difficult for proceedings have , in fact, been initiated against Italy for Telecommunications Organizations to separate the costs failing to transpose the whole of the abovementioned of the number change from those for other planned Community Directive . The Commission will therefore developments . The Community would therefore run the draw the attention of the Italian authorities to this risk of making large subsidies to commercial operators if particular case . refunding were considered . In particular, TOs may be encouraged to pass on the costs of associated network O OJNoLl75 , 5 . 7 . 1985 . developments .

In conclusion , the Commission does not envisage Community funding relating to the implementation of this Decision .

WRITTEN QUESTION No 3135/91 by Mrs Mary Banotti ( PPE) to the Commission of the European Communities (24 January 1992) WRITTEN QUESTION No 3133/91 (92 /C 202/61 ) by Mr Francesco Speroni (ARC ) to the Commission of the European Communities (24 January 1992) Subject: Corncrake decline in Ireland (92/C 202/60) A recent survey by the Irish Wildbird Conservancy in County Donegal indicated a decline in the number of Subject : Ecosystem of the Lanzo valleys corncrakes from 176 birds in 1988 to 58 in 1991 , a decline of 67 per cent. In the area of Creeslough and Having received authorization under Order No 4202 Dunfanaghy, the numbers fell from 52 in 1988 to 13 in issued on 18 June 1991 by the Ministry of Public Works , 1991 , a decline of 75 per cent . The corncrake is listed in the State-owned Italian electricity supply company ENEL the birds Directive 79/409/EEC ('), Annex 1 as a is preparing to construct a hydroelectric scheme in the protected species yet it is presently seriously threatened in Groscavallo and Cantoira areas , the effects of which will its existing range . No C 202/ 30 Official Journal of the European Communities 10 . 8.92

Is the Commission aware of this catastrophic decline and 1 . Does the Commission believe that European its possible cause , i.e. land management practices in the environmental legislation needs to be monitored more area ? closely ?

Is the Commission prepared to make any 2 . Does the Commission agree that customs officers recommendations about Community set-aside for that would be particularly well suited to such a task area ? (chemical analysis facilities, proficiency in languages , experience in transfrontier cooperation , etc.)? o OJ No L 103 , 25 . 4 . 1979 , p. 1 . 3 . Will the Commission support schemes to retrain customs officers as environmental protection officers ? If so, of what kind ? If not, why not ?

Answer given by Mr Ripa di Meana O OJ No C 328,7 . 12 . 1987 . on behalf of the Commission (24 April 1992)

The Commission is aware of the decline in numbers of Answer given by Mrs Scrivener corncrakes (Crex crex). on behalf of the Commission

It would remind the Honourable Member that it can (10 April 1992) co-finance premiums to farmers whose agricultural practices are compatible with maintenance of the environment and nature protection , provided that the 1 . Yes Member State designates sensitive areas . It participates in several projects of this nature , submitted under Council 2 . The Commission agrees that customs officers who Regulation (EEC) No 2328 /91 ('), which are designed to have professional experience of carrying out physical protect endangered bird species in several Member States . inspections of goods and/or detailed checks on So far, Ireland has not suggested any project for County commercial and administrative documentation , as well as Donegal . the skills mentioned by the Honourable Member, would seem to be well qualified to perform the tasks of national o OJNoL.218,6 . 8 . 1991 . environmental inspectors .

3 . The Commission's customs services have several times discussed reorganization and redeployment of resources , including staff, with the heads of the Member States national customs administrations , in preparation for the abolition of internal frontiers by the end of 1992 . WRITTEN QUESTION No 3141 /91 The national administrations have made it clear that they by Mr Rolf Linkohr ( S ) continue to be fully responsible for the organization of to the Commission of the European Communities customs services , including any decisions about reassignment of staff to other duties . The Commission (24 January 1992) naturally accepts that it would be incompatible with the (92 /C 202/62) principle of subsidiarity if it attempted to interfere with the management of national officials whose pay and conditions of service are wholly within the competence of Subject: Retraining of customs officers as environmental their own administration . protection officers

Future employment for customs officers in a Europe In so far as the Commission has nonetheless given some without frontiers is becoming an increasingly pressing thought to the likely effect on the organization of problem . However, on the Commission's own admission, customs services of the abolition of internal frontier practical compliance with environmental protection controls , it believes that it should not automatically be legislation is wanting in numerous areas . In the Annex to a concluded that all customs staff currently working at resolution adopted on 19 October 1987 (') the internal frontiers will be superfluous to requirements , Commission announced its intention of taking measures given the need for effective controls in trade with third to ensure closer compliance with the requirements of countries . Moreover, the wide variations in the structure Community environmental legislation, including : of national customs , with customs and excise , with customs and all indirect taxes or even with customs and all ' an examination of the question whether, in taxes , mean that the scope for redeploying staff differs appropriate cases , Community environment inspectors considerably from one Member State to another . should be appointed to work with national officials so However, the Commission can confirm that the idea of as to ensure the harmonized and effective reassigning customs officers to environmental control implementation of Community law'. duties is one that has been raised in the course of the 10 . 8.92 Official Journal of the European Communities No C 202 / 31 abovementioned discussions , and the Commission would In line with Annex II of Council Directive certainly welcome any decision by national authorities to 85 / 337/EEC (') which concerns projects in this sector, take advantage of the need for some redeployment of the EIB reviewed the situation regarding any potentially staff to strengthen the environmental sector . significant environmental impact as part of its appraisal of the project, and concluded that there was no negative impact on the environment .

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

WRITTEN QUESTION No 3168/91 by Mrs Brigitte Ernst de la Graete (V) to the Commission of the European Communities WRITTEN QUESTION No 3188/91 (24 January 1992) by Mr Sotiris Kostopoulos (S) (92/C 202 /63) to the Commission of the European Communities (24 January 1992) Subject: EIB loan for the construction of a hotel in (92 /C 202/64) Grenada under the Fourth Convention of Lome

The EIB recently granted a loan of Ecu 1 ,5 million for the Subject: Unfair taxation construction of a luxury hotel in Grenada , this being the first operation carried out under the Fourth Convention Wide-ranging discussions are being held in certain of Lome . Community institutions on harmonization of indirect taxes on fuel, alcohol and cigarettes . At the same time, 1 . Does the Commission consider this to be a priority however, the practices adopted by certain Member States project in terms of long-term development strategy ? are leading to increasingly unfair treatment of taxpayers , particularly wage-earners and pensioners, which in turn is 2 . What are the potential advantages and drawbacks for causing a further aggravation of the market crisis , local people ? affecting small and medium-sized businesses in particular and reducing production . What view does the 3 . Was an environmental impact assessment carried out Commission take of this ? Is it possible to harmonize prior to the decision to channel funds into this direct taxes at Community level so as to put an end to the project ? unfair treatment of Community taxpayers ?

Answer given by Mrs Scrivener Answer given by Mr Marin on behalf of the Commission on behalf of the Commission (21 May 1992) (7 May 1992)

The Commission takes the view that, in principle , 1 . The Commission considers that the development of harmonization of national legislation concerning income tourism is a key part of Grenada's economic development tax is unnecessary within the context of the completion of strategy, and that it is essential to reach a 'critical mass' in the internal market . terms of number of internationally acceptable hotel rooms , in order to attract airlines to include Grenada in In accordance with the principle of subsidiarity, Member their flight routes . The tourism sector was included as a States should remain free to determine and enact the rules Government priority for consideration by the European which they see fit to adopt in this field , having particular Investment Bank (EIB), in the Lome IV National regard to their economic and social policy objectives and Indicative Programme , with specific reference to this budgetary needs . particular hotel project . Accordingly, the Commission does not envisage putting 2 . and 3 . According to the information provided by the forward proposals for a general harmonization of the EIB , there were no people living in the immediate vicinity rules on income tax . Nevertheless , it wishes to assure the of the site for this hotel . The project is not expected to Honourable Member that it takes a favourable view of all have a negative impact on the local population . On the initiatives by Member States intended to reduce the tax positive side , the investment, which will create some 210 burden on small and medium-sized enterprises . permanent new jobs and increase foreign exchange earnings , should add considerably to economic activity on the island in general . No C 202/ 32 Official Journal of the European Communities 10 . 8 . 92

WRITTEN QUESTION No 3206/91 Europe and giving political priority to the conclusion of by Mr Jean-Pierre Raffarin ( LDR) genuine association agreements with the countries concerned . This approach led as early as 16 December last to the Commission of the European Communities year to the initialling of agreements with Poland , (28 January 1992) Hungary and Czechoslovakia . (92/C 202/65)

Subject: The GATT negotiations

The international GATT negotiations only seem to take commercial interests into account . WRITTEN QUESTION No 3207/91 by Mr Jean-Pierre Raffarin (LDR) In view of the importance of the issues at stake , would it to the Commission of the European Communities not be justified for the President of the Commission to take the initiative in widening the debate to include values (28 January 1992) other than strictly commercial ones ? Could he not take (92 /C 202 /66) into account factors such as the outlook for the developing countries and relations with the countries of Subject: Flying clubs — air safety Eastern Europe , where currently the only action being taken is emergency action ? Strict measures are enforced with regard to the safety of flying clubs . In spite of this , the ability of pilots to take over the controls of an aircraft is not always checked . In particular, pre-flight alcohol tests are not a general Answer given by Mr Andriessen practice , and a fatal accident that occurred in France in on behalf of the Commission May 1990 could have been due to alcohol . (7 April 1992) In order to guarantee passengers of aircraft chartered by flying clubs that the pilots flying them satisfy the relevant The negotiations currently under way in the Uruguay safety conditions , would the Commission be prepared to Round of the GATT are essentially commercial in nature , explore and subsequently implement a measure such as and priority is therefore given to purely commercial compulsory alcohol testing prior to take-off for pilots issues ; belonging to flying clubs ? Nevertheless , there are other aspects to the talks . For example , on agricultural issues , the Community has gained the backing of a number of other participants in Answer given by Mr Van Miert emphasizing the importance of nofi-commercial on behalf of the Commission considerations . (19 May 1992) The outlook for the developing countries has been the subject of special attention throughout the talks . National civil aviation safety regulations prohibit pilots who are unfit to do so from taking command of an The Punta del Este Declaration, which launched the aircraft. Alcohol abuse is specifically mentioned by most Uruguay Round in September 1986 , stressed the national regulations . particular urgency of the debate on tropical products and the need for rapid implementation of the decisions Checks for enforcing these regulations are therefore the reached in that field . The preambles of the draft responsibility of Member States . agreements on intellectual property and services explicitly recognize the specific objectives of the developing countries , which are granted transitional periods to soften the impact of the new provisions .

The Community has , from the outset, seen the political WRITTEN QUESTION No 3217/91 upheavals in Central and Eastern Europe as an additional aspect which could affect the success of the negotiations . by Mr Alonso Puerta (GUE) Through the Uruguay Round the multilateral trade to the Commission of the European Communities system must be upgraded so that it provides the ideal (28 January 1992) framework for trade relations with these countries as they go through their transition phase . However, the Uruguay (92 /C 202/67) Round cannot itself provide the basis for immediate material assistance to these countries , since the GATT's Subject: San Lorenzo beach (Asturias/Spain) philosophy requires concessions to be reciprocal . The Community has therefore chosen a more appropriate It is useful and important for citizens to be aware of the channel , opting to coordinate direct aid to Eastern microbiological quality of Community bathing water . In 10 . 8.92 Official Journal of the European Communities No C 202/ 33 the Commission's most recent report on the quality of area shows that the substance may be present or that the bathing water in the Community (June 1991 ) the quality of the water has deteriorated . information about Spain dates from 1989 . Since then a period of two years has elapsed , during which significant In 1990 , inspections of the coastal bathing areas in Spain changes could have occurred in the quality of bathing covered 1 190 sampling points . With the exception water of certain beaches . For example , the town of Gijon of the parameters subject to the conditions set out in (Asturias , Spain) is one of the main tourist resorts in footnote No 2 , the obligatory microbiological and northern Spain and its San Lorenzo beach is the most physico-chemical parameters were measured or inspected popular on the Asturian coastline during the summer in all these areas . The results recorded brought few season . The data for 1990 which the municipal and problems to light: fewer than 3% of the results did not regional authorities supplied to the Spanish Ministry of conform to the requisite values indicated in the Annex to Health concerning this beach seem to meet the Directive 76/ 160 /EEC . requirements of Directive 76/ 160/EEC ( ® ) concerning the quality of bathing water. In the case of the San Lorenzo beach , monitoring is 1 . Can the Commission ascertain whether the physical , carried out at six separate points . Of those , two did not chemical and microbiological ceiling values contained provide results in conformity with the requisite values for in the Annex to Directive 76/ 160/EEC are being the parameters total coliforms and faecal coliforms uniformly and correctly applied in the Spanish during the 1990 bathing season . Autonomous Communities ? As regards the parameter transparency, problems were 2 . Can the Commission pass on the information found at three sampling points ; the results recorded for provided by the Spanish Government concerning the the other physico-chemical parameters were in San Lorenzo beach for 1990 ? conformity with the requisite values .

o OJ No L 31 , 5 . 2 . 1976 , p. 1 . The Commission should shortly possess the analytical results for the 1991 bathing season ; these will be studied as soon as they are available .

Answer given by Mr Ripa di Meana on behalf of the Commission (7 May 1992)

WRITTEN QUESTION No 3220/91 All the parameters set out in the Annex to the Directive by Mr Carlos Robles Piquer ( PPE) are applicable in all the Community Member States and consequently in the Spanish Autonomous Communities . to the Commission of the European Communities (28 January 1992) Two of the microbiological parameters and five of the (92 /C 202 /68 ) physico-chemical parameters have to be measured fortnightly . These parameters are : Subject: Aid strategy to improve energy prospects in Latin — total coliforms (No 1 ), America

— faecal coliforms (No 2), The recent ministerial meeting held by the Olade (Latin American Energy Organization) in Caracas once again — colour (No 7), highlighted the vital importance of this sector for the development of the region , particularly in view of the — mineral oils (No 8 ), investment needed (estimated at $ 320 billion) and the fact that energy imports account for one quarter of Latin America's debt . — surface-active substances (No 9),

— phenols (No 10), How does the Commission consider that the European Community can contribute to solving the acute energy — transparency (No 1 1 ). problems in a region which , like other developing areas , is faced with the task of reconciling rapid development and stricter environmental protection ? Is it possible to draw Parameters No 4 (salmonella), No 5 (entero viruses) and up a plan of financial , technical and environmental aid in No 6 (pH) are covered by footnote No 2 and must collaboration with the above sectoral organization and therefore be measured when an inspection in the bathing other relevant bodies ? No C 202 / 34 Official Journal of the European Communities 10 . 8 . 92

Answer given by Mr Matutes WRITTEN QUESTION No 3239/91 on behalf of the Commission by Mr Ernest Glinne (S ) (9 April 1992) to the Commission of the European Communities (28 January 1992) The Commission is aware of the energy situation in Latin America and the extent of the problem outlined by the (92 /C 202/70) Honourable Member . In its view the need for development in the energy sector Subject : Support for the local Israeli-Palestinian can be reconciled with the need to protect the community of Neve Shalom environment by making more efficient and rational use of natural resources given the ever present concern about the In 1972 Trappist monks leased out 12 500 m 2 to a local impact of economic and social development on the local mixed Israeli-Palestinian community known as Neve and wider environment . Shalom (New Peace) situated in a sparsely populated mountain region half way between Jerusalem and Tel This has been the basis on which projects have been Aviv . This community was recognized in 1989 by the implemented with the scant funds available (Ecu 6 million parastatal regional council Mateh Jehuda , which helps this year) under the auspices of energy cooperation with several kibbutzim and villages in the canton , but Israeli Latin America , many of which have been carried out legislation still prevents foreign aid from beirtg sent to this under the aegis of Olade . community and particularly to the Palestinian members of These projects make available to recipient countries , at it . both regional and bilateral level , human resources (technical assistance) and financial resources to fund Belgian national radio broadcast a very informative projects concerned with improving energy planning , programme on 1 November 1991 in which spokesmen for energy saving , the use of alternative energy sources and the two parties acknowledged , to varying degrees , the the transfer of energy technology . It should be noted that positive nature of this experience as an instrument for the combating of pollution and reduction of the energy achieving local rapprochement of two enemy peoples . The deficit in recipient countries number among their 'mixed community' of 80 inhabitants — including 20 objectives . well-educated children including young Palestinians from the nearby Arab village of Abu Gosh — has , since its creation , educated a considerable number of adolescents and had the help of hundreds of adult educators concerned to carry out their work in a spirit of mutual WRITTEN QUESTION No 3234/91 trust . by Mr Victor Manuel Arbeloa Muru (S) to the Commission of the European Communities Given that, despite its limited size , this inimitable experience deserves appreciation and support on a wider (28 January 1992) scale , does the Commission not consider that this is an (92/C 202 /69) exceptional case which warrants generosity — in political and material terms — even though Israeli interlocutors Subject : Cooperative undertakings persist in considering the Arabs of Neve Shalom as unusual Israelis or total outsiders rather than as When will the Commission be in a position to submit non-violent Palestinians ? proposals on a European statute for cooperative , mutual and non-profit organizations ? What are the specific issues on which it has not been possible to reach agreement to date ? Answer given by Mr Matutes on behalf of the Commission Answer given by Mr Cardoso e Cunha on behalf of the Commission (10 April 1992) (12 May 1992) The Commission wishes to thank the Honourable On 18 December 1991 the Commission approved the Member for drawing its attention to the particular status Statutes for European cooperative societies , mutual of this community and also notes the difficulties for part societies and associations ('). of this community in obtaining external financial assistance . The French , English and German versions of these Statutes were sent on 20 December 1991 to the Council , Parliament and the Economic and Social Committee . The The Commission shares the opinion of the Honourable other language versions will follow as soon as possible . Member that 'mixed-communities', peacefully residing together in close proximity , are most encouraging and (') Doc . COM(91 ) 273 final , SYN 386—391 , 5 March 1992 . demonstrate , albeit on a small scale , that peaceful coexistence in this region can occur when the necessary preconditions prevail . Any formal request for support for 10 . 8.92 Official Journal of the European Communities No C 202/ 35 this community submitted to the Commission through the a bare minimum) have begun to appear in rural areas of appropriate channels will be examined in the context of Greece ; farming is declining and this is having an adverse actions eligible for financing and the resources available effect on the social fabric of the regions concerned . Does for such an initiative . the Commission intend as part of the present urgently needed reform of the CAP , to fulfil one of the basic aims of the European Community by providing support for marginal crops and small family holdings ?

WRITTEN QUESTION No 3259/91 by Mr Sotiris Kostopoulos ( S) to the Commission of the European Communities (29 January 1992) (92 /C 202 /71 ) Answer given by Mr Mac Sharry on behalf of the Commission Subject: Consequences for the Greek fertilizer market (22 April 1992) From 1 May 1992 the Greek fertilizer market will be fully deregulated and the rules governing the production , movement and trade in fertilizers will be brought into line with Community standards . Has the Commission One of the priorities of the reform of the common considered what problems this will create ? Does it agricultural policy, presented by the Commission in 1991 , consider that adequate measures must be taken forthwith is rural development and the safeguarding of social and to protect Greek farmers in mountainous and island economic balance within the regions likely to become regions ? How can Greek fertilizer industries be protected depopulated — this reform aims to restore balance from the consequences of this measure ? in agricultural markets without speeding up the flight from the land and desertification of the most vulnerable regions , where small family holdings are in the majority. Answer given by Mr Bangemann on behalf of the Commission (8 May 1992) The Commission is nevertheless aware that reform of the CAP cannot on its own provide a solution to all The Commission is aware that it is planned to liberalize development problems in rural areas . It is convinced that the arrangements for the production , distribution and rural development does not depend only on the marketing of fertilizer in Greece in 1992 . The plan is one agricultural sector but also on other economic activities formulated by the Greek Government and takes into which must be encouraged , since they play a large part in account concerns that the Commission had with respect maintaining the population levels and supporting the to subsidies accorded to the Greek fertilizer industry . economy in those regions . Problems caused for the Greek fertilizer industry are a necessary by-product of such liberalization and should be The Commission has already done a great deal in this transitional . As for the farming communities in the direction under Objectives 1 and 5(b) of the reform of the mountain and island regions , the Commission is structural Funds , which came into force on 1 January conscious of their increasing needs and is committed to 1989 . continuing to take them into account in rural development activities supported by the structural Funds . Furthermore , following the Maastricht Summit, which reinforced Article 130a of the Treaty by explicitly including rural areas in the regions which should receive aid under the policy of economic and social cohesion , the WRITTEN QUESTION No 3260/91 Commission's proposals set out in the document entitled 'From the Single Act to Maastricht and beyond : the means by Mr Sotiris Kostopoulos (S) to match our ambitions' clearly state : 'rural development to the Commission of the European Communities policy has thus become a key element in economic and (29 January 1992) social cohesion'. This calls for a political response which (92/C 202/72) involves the 'marshalling of increased funds to attain clearly defined objectives'. Subject: Measures to combat the decline in farming The symptoms of de-industrialization such as can be seen at Lavrion (unemployment, reduction of family income to No C 202 / 36 Official Journal of the European Communities 10 . 8 . 92

WRITTEN QUESTION No 3265/91 while national mergers barely doubled . About two-thirds by Mr Carlos Robles Piquer (PPE) of cross-border operations concerned firms based in other EC Member States . While only a few years ago mergers to the Commission of the European Communities took place mostly among national companies , now (29 January 1992) cross-border (especially intra-EC) mergers are as likely as (92 /C 202 /73) national ones . The 1990/91 figures on acquisitions of majority holding Subject : Facilities for foreign investors , acquisition of reveal that in the four larger Member States , foreign foreign companies and indicators of buyers were responsible for between 46 % (Germany) and competitiveness 65 % (Italy) of total operations . France appears to be the Member State with the highest share of national According to a survey carried out by the World Economic operations . By contrast, Spain is characterized by an Forum covering 12 000 businessmen from multinational extreme openness towards foreign takeovers : in 1990 /91 companies in 23 countries , Spain is the industrialized almost 90% of all registered acquisitions of majority country which offers greatest opportunities for investors holdings were undertaken by foreign investors . (Further to obtain a controlling share in companies . At the end of information on investment and acquisitions will be last year, approximately 30% of limited companies and transmitted directly to the Honourable Member and to 25% of the banking sector was controlled by foreign the Secretariat-General of the European Parliament). capital . Among the Community Member States France holds the record at the other end of the scale . Since the early sixties intra-EC direct investment has been free under Community law (in application of Article 67 of Can the Commission compare this data with its own and the Treaty on capital movements). The situation provide additional information on capital exports and the regarding investment from third countries is sometimes acquisition of foreign firms by companies in the twelve more strict , but generally rules have been liberalized . Community Member States ? In the Commission's view , Nonetheless , certain indirect obstacles and conditions , what correlation might there be between the above especially on cross-border takeovers , still exist in some indicators and levels of competitiveness ? Member States , inhibiting a number of potential operations .

There is no evidence to suggest that foreign acquisitions Answer given by Mr Christophersen in general are suspect in terms of the benefits they bring on behalf of the Commission or their stability and commitment to the domestic economic environment. Although it is difficult to (21 April 1992) establish direct links , a growing presence of foreign investors is likely to provide a positive contribution in During the last decade , intra-EC direct investment has terms of employment , technology , competition , and been a major force behind the increasing economic managerial skills , thus enhancing the overall level of integration among the Community's Member States . competitiveness of the host country . Intra-EC direct investment has increased almost twice as fast as intra-EC trade .

The Spanish share of total EC inward investment has remained roughly stable since the mid-1980s , suggesting that rapid domestic growth has been part of a more general tendency at the EC level . Germany , the UK, WRITTEN QUESTION No 3270/91 France and the Netherlands have been the largest EC by Mr Dieter Rogalla (S) investors in Spain . The services sector, especially banking , but also trade and commerce services , accounted for most to the Commission of the European Communities of the intra-EC investment inflow into Spain . Direct (29 January 1992) investment in manufacturing has been less significant and (92 /C 202 /74) concentrated in a few areas .

The increasing tendency in the Community towards the Subject : Antidumping duties in the textile sector (cotton expansion of core businesses across frontiers , driven by mills) the search of economies of scale , has been mainly in the form of mergers and acquisitions . The latter often has 1 . Does the Commission agree that antidumping been a sustained growth in the mergers and acquisitions proceedings in the textile sector, particularly under activity in the Community : during the period 1984 — 1990 Commission Regulation (EEC) No 2818 /91 (') and their number has increased by a factor of three (from 275 (EEC) No 2904/ 91 ( 2 ) are being carried out too slowly to 833). On average , three operations out of four and with unacceptable delays , to the detriment of concerned industrial activities . In 1990 , the number of European mills ? What timetable has the Commission set cross-border mergers (including extra-EC operators) in itself in this respect ? What criteria govern the payment of the Community was almost six times larger than in 1984 , countervailing duties ? No C 202/ 37 10 . 8.92 Official Journal of the European Communities

2 . Is it true that in certain cases , government subsidies Community producers to recover from the unfair are equal to the total value added of the product and in competition they have suffered . Community industry which cases is this so ? itself is best placed to monitor future developments .

3 . What compensatory measures has the Commission 5 . The basic Anti-Dumping Community Legislation envisaged in respect of the 'significant losses' suffered by (Regulation (EEC) No 2423 / 88 ) O , based on the GATT the undertakings affected and their employees ? Anti-Dumping Code , constitutes , in the view of the Commission , an instrument through which efficient protection against unfair trade practices can be provided 4 . What steps are being taken to ensure that continued to Community producers . A revision of this Regulation dumping by the supplier countries will not adversely may result from the current GATT negotiations ; it is the affect European producers ? Commission's firm opinion that such revision must not affect the efficiency of the instrument as such . Efficient 5 . Does the Commission consider that the relevant application also requires , of course , that the Commission legal provisions should be redrafted and tightened up in receives the necessary budgetary resources , in particular order to achieve the objective set out in point 4 above and as regards personnel . what steps will the Commission take in this direction ? (') OJ No L 209 , 2 . 8 . 1988 . O OJ No L 271 , 27 . 9 . 1991 , p . 17 . O OJ No L 276 , 3 . 10 . 1991 , p . 7 .

Answer given by Mr Andnessen on behalf of the Commission WRITTEN QUESTION No 3275/91 (20 May 1992) by Mr Francesco Speroni (ARC) to the Commission of the European Communities (29 January 1992) 1 . As a general rule , the Commission endeavours to complete anti-dumping investigations within one year . (92 /C 202 /75) However, the exact length of time needed depends very much on the particular characteristics of each case . In the two cases under consideration , the large number of both Subject: Night-time contact flying in Italy EC producers and exporters in third countries , together with their relatively small average size , complicated and Unlike the other Member States , Italy prohibits contact prolonged the collection and verification of the necessary flying at night, causing difficulties for pilots wishing to data . Furthermore , because of budgetary restraints , the travel between Community airports on routes crossing Commission had to face limitations as regards the number Italian airspace or involving a stop-over in Italy . of investigators allocated to these cases . As a result , provisional measures could be taken only one-and-a-half Will the Commission take steps to ensure that night-time years after the initiation of the investigations . The contact flying is likewise permitted in Italy ? anti-dumping duties provisionally imposed were based on the dumping margins found , except where these were found to be higher than necessary to remove the injury to Community industry . Answer given by Mr Van Miert 2 . Anti-dumping procedures are by their very nature on behalf of the Commission limited to an examination of whether dumping and injury (27 April 1992) resulting therefrom have taken place . An examination of subsidies falls outside the scope of anti-dumping procedures . Operational rules are currently being developed by the Joint Aviation Authorities and will be adopted into 3 . Provisional anti-dumping duties in the cotton yarn Community legislation in the form of JAR-OPS , as case (Regulation (EEC) No 2818 /91 ) ranged from 4,9 to an amending Regulation to the Regulation (') on 25,3% . Those in the polyester yarn case (Regulation the harmonization of technical requirements and (EEC) No 2904/91 ) varied from 2,0 to 52,1 % . The basic administrative procedures in the field of civil aviation . purpose of these duties is not to compensate for past injury, but to stop distortion of competition arising from JAR-OPS will specify the requirements and operational unfair commercial practices like dumping . limitations for night flying and will be applicable to all Member States . This will ensure that pilots in Italy will 4 . The duties imposed should normally lead to a price not have a disadvantage with respect to their counterparts increase of the exports concerned , which should permit in the Community . No C 202/38 Official Journal of the European Communities 10 . 8 . 92

However, it should be recognized that night flying under allowed to charge as little as 50 % of their standard wine visual flight rules (VFR) is potentially a dangerous rate on any of these products with an alcoholic strength operation and Italy is not alone within the EC in having not exceeding 8,5% . Cider and perry do not normally operational limitations which severely restrict , if not acquire strengths exceeding 8,5% and could thus benefit prevent such flights . from reduced taxation .

In any event, it is extremely unlikely that night VFR These proposals are currently under discussion in the flights with passengers will be permitted . Such flight Council . should almost certainly only be permitted under instrument Flight Rules (IFR). o COM(9Q) 432 and COM(89) 527 .

O OJNoL373 , 31 . 12 . 1991 .

WRITTEN QUESTION No 38/92 by Mr Georgios Romeos (S ) WRITTEN QUESTION No 35/92 to the Commission of the European Communities by Mrs Winifred Ewing (ARC) (4 February 1992) to the Commission of the European Communities (92/C 202/77) (4 February 1992) (92/C 202 /76) Subject: Ecological disaster in the Mediterranean

Subject : Cider and perry The whole of the Mediterranean is threatened with a huge ecological disaster caused by extremely toxic tropical Given that an EC ruling defines cider as a fruit wine this sea-weed which has been spreading in recent years on its will result in a doubling of the retail price of cider under northern shores . the proposed rates and structures of excise on alcoholic beverages (COM(90) 432). If this is passed in its current What does the Commission intend to do to deal with this format it will effectively kill the cider making industry in huge environmental risk in a coordinated and effective the UK. manner ?

Will the Commission take the following action to prevent the obliteration of this industry : Answer given by Mr Ripa di Meana 1 . remove cider and perry from the scope of Articles 7 on behalf of the Commission and 8 of COM(90) 432 ; (8 May 1992) 2 . define cider and perry within COM(90) 432 by reference CN code numbers 22060091 , 22060093 and In mid-February 1992 , the Spanish authorities applied to 22060099 ; and the Community Task Force concerned with marine pollution in order to obtain information on the spread of 3 . set a duty rate for cider and perry of alcoholic strength this seaweed in the Mediterranean . between 1,2 and 8,5% by volume in each Member State according to the relative competitive position of In close cooperation with the French authorities , the these products in the alcoholic drinks market of each Commission sent to Spain from 26 to 28 February 1992 a Member State ? team comprising two French experts and a Commission representative in order to carry out a detailed exchange of information . Following meetings held in Madrid with the national authorities and in Barcelona with the Catalonian Answer given by Mrs Scrivener regional authorities , the Spanish and French experts on behalf of the Commission considered that, without prejudice to regional and (11 March 1992) national measures , it would be advisable to set up a joint project involving the Mediterranean countries affected by In its proposal to harmonize the structures and rates of the proliferation of Caulerpa taxifolia which could be excise on alcoholic beverages ('),' the Commission has coordinated at Community level . provided in line with the ruling of the European Court of The French authorities also informed the Commission of Justice in case 106/ 84 (Commission v. Denmark), for the their intention to organize formal consultations among equal taxation of the fermented juice of all fruits (grape , the Member States concerned with the Commission's apple , pear, cherry and so on). participation . However, under Article 8 (3) of COM(90) 432 , the Commission has proposed that Member States should be 10 . 8 . 92 Official Journal of the European Communities No C 202/ 39

WRITTEN QUESTION No 43/92 be given as food aid to the former Soviet Union and by Mr Llewellyn Smith (S) possibly Central and Eastern Europe ? to the Commission of the European Communities 3 . Is it true that there is a new tendency for farmers to (4 February 1992) hold back their cereals and stock them themselves in (92 /C 202/78 ) expectation of higher prices arising from a supposed shortage of grain ? Subject : Energy 4 . Will the Commission state what amount of cereals is How does the EC define the future time period(s) for being kept by farmers in the EC ? which it is currently investing research resources to provide for a secure energy future for the EEC ? Answer given by Mr Mac Sharry on behalf of the Commission Answer given by Mr Cardoso e Cunha (1 April 1992) on behalf of the Commission (12 May 1992) 1 . The total amount of cereals held by intervention agencies in the Member States at the end of January 1992 Security of supply has always been referred to , by the was 17 million tonnes , comprising 5,5 million tonnes of Commission as a cornerstone of Community energy common wheat of breakmaking quality, 3,5 million policy . tonnes of durum wheat, 4,2 million tonnes of barley and 3,6 million tonnes of rye . A further 2 million tonnes The objective of the RDT-actions in the field of energy is (approximately) of cereals are currently being offered into to contribute to the development of new energy options intervention and will probably be added to present stocks . which will improve the energy balance and are both economically viable and more environmentally safe . These stocks are mainly held in Germany (50%), France ( 16%), Italy ( 13%) and Spain ( 10%). The pre-competitive nature of its actions and the applications of the principle of subsidiarity imply that 2 . The intervention stocks detailed above are Community actions do not deal with short-term problems theoretically available for export for supply free of charge but contribute to the research base for the development of within the constraints of the budget and international advanced energy technologies . The time horizon commitments . evidently varies in accordance with the energy form concerned , e.g. between renewable energies and 3 . The quantities offered into intervention since thermonuclear fusion . November, when buying-in was opened in the north of the Community, have been less than expected , which The European Parliament, and especially, its Energy, suggests that grain merchants are counting on continuing Research and Technology Committee , has been (and will export demand , mainly to Eastern Europe , and on higher continue to be) permanently involved in the monitoring of prices than the intervention level . the scope , time-scale and budget assigned to those programmes . 4 . The Commission does not have figures enabling it to assess the level of cereals still held by farmers . However, based on the cereals balance figures , the Commission would put this amount at over 15 million tonnes (excluding working stocks) available either for export or for intervention . WRITTEN QUESTION No 85/92 by Mr Herman Verbeek (V) to the Commission of the European Communities (6 February 1992) (92 /C 202/79) WRITTEN QUESTION No 92/92 by Mrs Teresa Domingo Segarra (GUE) Subject: Cereals held in intervention to the Commission of the European Communities 1 . Will the Commission state what amount of cereals is (6 February 1992) actually available in intervention in the EC at the moment (92 /C 202 / 80) and in what localities (by Member State) these stocks are being kept ? Subject: The Mata-Torrevieja Lagoon (Alicante/ 2 . Bearing in mind the proposal for a Council Decision Spain) concerning exports of agricultural products and foodstuffs to the Soviet Union (COM(91 ) 458 final): The Mata-Torrevieja lagoon is an area of great ecological what quantity of cereals is actually available in the EC to value and is classified as a bird sanctuary . No C 202/40 Official Journal of the European Communities 10 . 8 . 92

Plans now exist to devide the lagoon into two , which Answer given by Mr Ripa di Meana could cause irreparable damage, thereby infringing on behalf of the Commission Article 4 of Directive 79/409/EEC (') on the protection (7 May 1992) and conservation of wild birds . The project for enlarging the harbour of Nea Makri is At an informal meeting held on 11 — 13 October 1 99 1 , the one of the types of project listed in Annex II to Directive Community Ministers of the Environment agreed that it 85 /337/EEC (') which must be made subject to an was necessary to develop and consolidate Community environmental impact assessment when they are deemed environment legislation . likely to have significant effects on the environment . On the same occasion, the Ministers also agreed on the Since Annex II has not been correctly transposed into need to improve compliance with , and implementing Greek law, the Commission has initiated infringement procedures for environmental legislation and its proceedings against Greece and , in the context of those application in the Member States . proceedings , intends to request more detailed information on that project . 1 . What specific measures can the Commission take to ensure that this nature reserve will be protected ? (') OJNoL 175 , 5 . 7 . 1985 . 2 . Can the Commission confirm that Directive 79/409/EEC is being properly implemented ?

O OJ No L 103 , 25 . 4 . 1979 , p. 1 . WRITTEN QUESTION No 115/92 by Mr Siegbert Alber ( PPE) to the Commission of the European Communities Answer given by Mr Ripa di Meana on behalf of the Commission (7 February 1992) (27 April 1992) (92/C 202/ 82) Subject : Special exhaust tests for private cars with Since the area in question has been classified by Spain as a catalytic converters and diesel engines special protection zone in accordance with Article 4 of Directive 79/409/EEC , the Commission will request It is well known that environmental regulations are only details regarding the points raised by the Honourable effective if appropriate checks are carried out . This goes Member and take whatever measures are necessary to for the observance of EC exhaust limits following the ensure the correct application of Community legislation transposition of the relevant EEC legislation into the on the environment . Member State law . In the Federal Republic of Germany there is a special exhaust test for private cars . This exhaust test should also be applied to private cars with catalytic converters and diesel engines . 1 . Is there any truth in the press reports claiming that the Commission is obstructing the regulation submitted by the Federal Transport Ministry extending the WRITTEN QUESTION No 108/92 application of the special exhaust test to vehicles with by Mr Sotiris Kostopoulos ( S) catalytic converters and diesel motors ? to the Commission of the European Communities 2 . Is the Commission planning Community legislation ( 7 February 1 992) imposing similar checks ? (92 /C 202 / 81 ) 3 . How are these checks carried out at present in the Community Member States ? Subject : Archeological site at the harbour of Nea Makri 4 . If the Commission is not planning Community legislation , does this mean that it considers the current The area around the harbour of Nea Makri has been national testing practices to be adequate ? designated an archaeological site by the Greek Archeological Service and any works liable to damage that site have been prohibited . However, there are now Answer given by Mr Van Miert complaints that attempts have been made to enlarge the on behalf of the Commission harbour with the connivance of the national authorities (harbour master's office and police) in the name of (18 May 1992) progress . Does the Commission consider such interference with archaeological sites in the name of The Commission agrees with the Honourable Member progress to be permissible ? that the effectiveness of EC type approval emission limits 10 . 8.92 Official Journal of the European Communities No C 202/ 41 depends on the maintenance condition of the vehicles in Community, and to have the results published as widely as service . For this reason the Commission has proposed a possible ? This would help to counteract the dangerous Directive (') which tackles the in service testing of both myths which at present are used to promote racial hatred . petrol and diesel engined vehicles .

The Commission has blocked draft German legislation covering the same subject because it differs from the Answer Commission's proposal with regard to the test procedure (3 July 1992) for heavy diesel vehicles . Specifically, the Commission proposes a free acceleration test while Germany, a steady state engine loaded test. 1 . The Council is not in a position either to confirm or to dispute the information quoted by the Honourable The standard of testing stations and personnel will be Member in the first paragraph of his Question . controlled by Member States , the Commission's proposal does not attempt harmonization in this area . 2 . In addition, it would draw attention to the Maastricht European Council's conclusions on immigration and to the Declaration against Racism and The above Commission proposal concerns one of the first Xenophobia which it adopted . specific Directives aiming at a harmonization of criteria and standards of testing . Implementation of these 3 . In general , it is for the Commission to consider the Directives will improve the enforcement of advisability and urgency of a study on migrants as roadworthiness tests in the Community . requested by the Honourable Member . The Council, for its part, would greet such a study with great interest and (') OJ No C 189,20.7 . 1991 . will not fail to bring this to the attention of the Commission, as Article 152 of the Treaty authorizes it to do .

WRITTEN QUESTION No 121 /92 WRITTEN QUESTION No 133/92 by Mr Edward Newman (S) by Mr Juan de la Cámara Martínez (S) to the Council of the European Communities to the Commission of the European Communities (7 February 1992) (7 February 1992) (92/C 202/ 83) (92/C 202/ 84)

Subject: Positive contribution of immigrants to the Subject: Mining areas other than coal-mining areas European economy Given the existence of the Community Rechar support According to a study carried out by the 'Rheinisch­ programme for coal-mining areas , and the fact that there Westfalische Institut fur Wirtschaftsforschung', whose are other non-coal-mining areas and regions in the results have been quoted in the December 1991 issue of Community which are currently undergoing major the 'Migration Newsheet', the Federal Republic of redevelopment, has the Commission considered setting Germany can for the year 1991 expect a net gain of DM up a specific programme to assist the latter ? 41 billion resulting from the input immigrants make to the German economy . Moreover, the study confirms the conclusions of other demographic research projects that with its ageing population Germany would , at the turn of Answer given by Mr Millan the century, face enormous labour shortages and virtual on behalf of the Commission 'bankruptcy' of the social security system in the absence of immigration . (9 April 1992)

In view of the increasing proliferation of false and In 1989, the Commission decided to adopt the Rechar denigrating arguments that immigrants are simply milking initiative, to help solve the severe socio-economic the social security system , does the Council not consider it problems created by the rapid decline of the European appropriate and urgent to carry out a similar study to coal-mining industry . The initiative was justified by assess the present and future net gain to the economies of the specific nature of the problem (geographical the European Community countries of immigrants to the concentration in a relatively small number of areas, No C 202/42 Official Journal of the European Communities 10 . 8.92 strongly dependent on the coal-mining industry), the Furthermore , the Council adopted on 25 February 1992 a scale of the decline of the industry and the European resolution inviting the Commission to prepare a detailed dimension of the problem . In addition, the Community action programme on the basis of this Declaration to be has particular responsibilities in this field under the ECSC ready by mid 1993 and to elaborate a proposal for a Treaty . revised groundwater Directive based on an integrated approach to sustainable freshwater management. In view of the fact that these conditions do not apply to other mining activities, the Commission does not intend to set up a similar specific initiative for other mining areas .

WRITTEN QUESTION No 169/92 by Mr Francesco Speroni (ARC) to the Commission of the European Communities WRITTEN QUESTION No 139/92 (10 February 1 992) by Mr Juan de la Cámara Martínez (S) (92/C 202 / 86) to the Commission of the European Communities (7 February 1992) Subject: Stamp duty on documents issued for emigration (92/C 202/85) from Italy to other Community Member States

Certain municipal authorities in Italy require levy stamp Subject: Aid for environmental conservation of water duty on documents in which parents authorize the issue of reserves within the Community identity cards valid for emigration purposes to under-age children . What does the Commission intend to do with regard to setting up a support policy for the environmental Given that such documents are mainly used for conservation of current water reserves in the Community ? emigration to other Community Member States , is such a How does it propose to regulate the rational and tax compatible with Community rules ? responsible use of these resources and potential financial aid for such a policy ?

Answer given by Mr Bangemann on behalf of the Commission Answer given by Mr Ripa di Meana on behalf of the Commission (2 June 1992) (6 May 1992) The rules governing the issue of identity cards and documents accompanying such cards to allow minors to A Ministerial Seminar on future Community groundwater travel are the sole responsibility of the Member States . It policy took place at The Hague on 26 and 27 November is for the latter to make provision, where appropriate , for 1991 . such documents to be subject to stamp duty and to fix the amount of that duty . The participants adopted a Declaration containing a programme of action to be implemented by the year 2000 , aiming at a sustainable management and protection of fresh water resources . The various actions involved will be implemented at a regional , national and Community level .

The Declaration recognized the fundamental importance WRITTEN QUESTION No 184/92 of this natural resource for sustaining life , health , by Sir James Scott-Hopkins (ED) agriculture and ecosystems . It identified the existing threats to groundwater resources , which endanger to the Commission of the European Communities drinking water supply, agriculture and other legitimate (10 February 1992) uses and the diversity of groundwater dependent (92/C 202 / 87) ecosystems .

The programme of actions to achieve sustainability covers Subject : Speed limits for cars within the EC a wide range of measures — legal , economic and administrative — and in many policy fields such as Are there any plans to bring forward proposals for a agriculture , industry, energy, transport and tourism . common EC maximum speed limit for motor cars ? 10 . 8.92 Official Journal of the European Communities No C 202/43

Answer given by Mr Van Miert direct to the Honourable Member and to Parliament's on behalf of the Commission Secretariat . (15 April 1992)

The Commission has presented a proposal for a Directive to the Council on speed limits for commercial vehicles ('). WRITTEN QUESTION No 237/92 by Mr Ioannis Pesmazoglou, Mrs Maria Cassanmagnago The Commission does not at present intend to propose Cerretti (PPE), Mr Kenneth Coates (S), Mr Leo speed limits for vehicles other than those covered by the Tindemans (PPE), Mr Georgios Romeos (S), Mrs above proposal . Concepcio Ferrer (PPE), Mr Arthur Newens and Mr Ian White (S) The Honourable Member is requested to refer to the to the Council of the European Communities Commission's answer to Written Question No 884/91 by Mr Rogalla ( 2 ). (13 February 1992) (92 /C 202/ 89) O COM(88 ) 706 final; OJ No C 33 , 9 . 2 . 1989 . O OJ No C 38 , 15.2 . 1992 . Subject: Establishment of Cooperation Councils with the Maghreb and Mashrek countries Having regard to the specific importance that the European Community attaches to the promotion of and respect for human rights and to the democratization of society in the developing countries referred to in WRITTEN QUESTION No 194/92 Commission document SEC(91 ) 61 , by Mr Willi Rothley (S) with a view to the European Parliament's consideration of to the Commission of the European Communities financial protocols with the Maghreb and Mashrek (13 February 1992) countries under the assent procedure , (92/C 202/ 88) 1 . Does not the Council feel that, under the cooperation agreements with the Maghreb and Mashrek countries , a new role should be given to an instrument provided Subject: EC funding for Rhineland-Palatinate between for in thosie agreements , namely the Cooperation 1985 and 1991 Council , which has not been used in the cases of Syria and Jordan ? What operations were funded by the European 2 . Does not the Council think the Cooperation Councils Community in Rhineland-Palatinate between 1985 and should meet at least once a year for an assessment of 1991 and how much was paid out from each of the how cooperation policies are working, not only from following : the economic but also from the political point of view, 1 . the European Regional Development Fund (ERDF), since this would enable both a regular in-depth analysis of such cooperation to be made and would 2 . European Agricultural Guidance and Guarantee Fund also provide the urgently required opportunity to (EAGGF) — Guidance Section , suspend the financial protocols temporarily on the basis of a deterioration specifically in the field of 3 . European Agricultural Guidance and Guarantee Fund respect for human rights ? (EAGGF) — Guarantee Section ,

4 . European Social Fund (ESF), WRITTEN QUESTION No 242/92 5 . European Community research programmes , by Mr Henri Saby (S) to the Council of the European Communities 6 . European Community energy programmes , (13 February 1992) 7 . European Community environment programmes , (92 /C 202 /90) 8 . other European Community programmes ? Subject: European Parliament assent to the EEC-Maghreb and EEC-Mashrek protocols and respect for human rights Answer given by Mr Christophersen As part of the arrangement for cooperation with the on behalf of the Commission Mediterranean countries , is the Council prepared to (10 June 1992) convene regular meetings of the Cooperation Councils, taking into account the European Parliament's proposals on Mediterranean policy and the new dimension of In view of the length of its answer, which includes democracy/human rights decided upon on 28 November a number of tables , the Commission is sending it last ? No C 202/44 Official journal of the European Communities 10 . 8.92

Joint answer development . The Council's conclusion also provided to Written Questions Nos 237/92 and 242/92 for account to be taken in cooperation relations of the (3 July 1992) concept of 'good governance' and the level of military spending . The Council stressed the importance of good public administration and, without calling into question the right of sovereign States to set up their 1 . The promotion of human rights and democratic own constitutional and administrative structures, values is , as Parliament is well aware, one of the considered that fair development could be effective cornerstones of the Community's external relations and lasting only if a number of principles of good policy, and in particular of its development policy. This management were adopted ; dimension was reaffirmed in Lome IV, in the new guidelines for cooperation with Latin America and Asia — a reference to human rights should be included in all and in the statement made by the Council when the future cooperation agreements and programmes ; redirected Mediterranean policy was adopted in December 1990 . — regular discussions would be held at Community level in the context of development cooperation to examine specific policies and lines of action to promote further The Development Council on 28 November 1991 also the respect for human rights and the establishment of adopted a very important resolution defining a common representative democratic rule . approach and guidelines to promote democracy and human rights in the cooperation policies of the 2 . As regards more specifically the Cooperation Community and its Member States . Council set up under the Mediterranean Agreements , it should be noted that it has become the practice alongside meetings to hold exchanges of views on political questions This resolution of the Council and the Member States was of common interest including developments in the area of based on the Commission communication which was also respect for human rights . These exchanges of views are sent to the Parliament and on a draft resolution drawn up part of the constructive dialogue which the Council by the Presidency in the light of the Council's initial intends to encourage . discussions . In its discussions the Council also took into account the views expressed by the European Parliament in its debates on this subject and the resolution adopted at Regular meetings of these Cooperation Councils are the last meeting of the ACP-EEC Joint Assembly in normally scheduled . Although in the past this frequency Amsterdam . has not always been respected in certain cases , it may be expected that, with implementation of the redirected Mediterranean policy, those Councils will meet more The main points of the resolution adopted at the Council regularly. meeting on 28 November 1991 are as follows : Meetings of the Association or Cooperation Councils — high priority would be given to a positive approach in have been held in recent years with all the Mediterranean the form of support for democratic institutions partners except for Syria and Lebanon : (holding of free elections, strengthening of the judiciary, promoting the role of NGOs), a — Morocco : 24 April 1989 decentralized approach to cooperation and ensuring equal opportunities for all ; — Algeria : 17 September 1990

— the Community would endeavour to promote a frank — Tunisia : 2 March 1992 and constructive dialogue with its partners , even in difficult situations ; — Egypt: 2 December 1991

— in the event of serious violations of human rights or a — Jordan : 4 November 1991 serious interruption of the democratic process , relations would be decided on a case-by-case-basis, — Israel : 14 May 1991 according to objective and fair criteria depending on the circumstances and the effectiveness of the — Turkey : 30 September 1991 resources for action available in a given situation : these reactions could range from suspension of — Yugoslavia : 18 December 1990 cooperation to adjustment of the choice of cooperation partners and programmes if this seemed — Cyprus : 7 May 1990 appropriate to avoid penalizing the population for the behaviour of its Government; — Malta : 16 July 1990 .

— alongside human rights and democracy, other 3 . The Council has also noted the European conditions were also necessary for sound and lasting Parliament's resolution on the Financial Protocols with 10 . 8.92 Official Journal of the European Communities No C 202/45

Syria, Morocco, Algeria , Egypt, Tunisia, Jordan , education , full respect for the cultural and linguistic Lebanon and Israel and these countries' respect for diversity of the Member States . Article 128 concerning human rights and international agreements . It has given culture stipulates that the Community, in contributing to that resolution careful scrutiny . the flowering of the cultures of the Member States , shall respect their national and regional diversity. The Council and the Member States agree with the emphasis laid by the European Parliament on the The 'Committee of the Regions' (Article 198A), importance of respect for democracy and human rights in consisting of representatives of regional and local bodies the Community's relations with third countries . They and having advisory status , will provide a new means of point to the principles of the Council resolution of 28 ensuring respect for specific regional interests within the November 1991 and stand by the content of that Community . resolution . Moreover, provision continues to be made in the Following the European Parliament assent given on 15 Community budget for measures in favour of the January 1992 , the Council adopted Decisions concerning languages and cultures of regional and ethnic minorities . the conclusion of the 4th series of Protocols on financial and technical cooperation between the Community and Algeria, Egypt, Jordan , Lebanon and Israel respectively on 16 March 1992 .

WRITTEN QUESTION No 294/92 by Mrs Raymonde Dury ( S) WRITTEN QUESTION No 245/92 to the Commission of the European Communities by Mr Alexander Langer (V), Mr Joachim Dalsass (PPE), (24 February 1992) Mr Heribert Barrera i Costa, Mr Max Simeoni (ARC), Mr (92 /C 202 /92) Peter Crampton (S), Mr Friedrich-Wilhelm Graefe zu Baringdorf, Mrs Maria Aglietta, Mrs Hiltrud Breyer (V), Mr Kenneth Coates (S), Mr Eugenio Melandri, Mrs Birgit Subject: Environment : effect of PVC Cramon-Daiber, Mr Virginio Bettini, Mr Juan Bandrés Molet (V), Mr John Hume (S), Mr Luigi Moretti (ARC), In a widely, circulated pamphlet, Fechiplast, the Mrs Claudia Roth (V), Mr Jaak Vandemeulebroucke Federation of chemical industries, states that PVC waste (ARC), Mr Marco Taradash (V), Mr Marco Pannella (NI), causes no harm , the material does not decompose because Mr Juan Gangoiti Llaguno ( PPE), Mr Rinaldo Bontempi it is not degradable and the percentage of PVC in (GUE), Mr Gene Fitzgerald ( RDE), Mr Nereo Laroni (S), household waste is only 0,7% . Mr Leopoldo Ortiz Climent ( PPE) and Mrs Marijke Van Hemeldonck (S) What does the Commission think of these statements ? In to the Council of the European Communities particular, the fact that a material is not degradable would (13 February 1992) appear to have a cumulative effect leading , eventually , to saturation . Is that not one of the problems encountered in (92/C 202/91 ) waste management ?

Subject: The rights of minority ethnic and linguistic groups in the reform of the Treaties Answer given by Mr Ripa di Meana What is the position of the Council regarding the on behalf of the Commission advisibility, as part of the reform of the Treaties , of incorporating the principle of the rights of minority (11 May 1992) ethnic and linguistic groups in the Member States, and of providing for specific Community responsibilities in this area ? What initiatives have been or are to be taken in this It is true that PVC waste is not degradable in landfills . direction ? The Commission's departments assume that the purpose of this line of reasoning is to argue that, since it does not decompose, PVC cannot pollute the various layers of the soil or the groundwater, as is frequently the case with other materials . Answer (3 July 1992) Nonetheless , the Honourable Member is quite right to raise the question of saturation of landfills . This applies , The Treaty on European Union , signed at Maastricht on obviously , not only to PVC , but also to other 7 February 1992 , has not incorporated a principle of non-degradable materials . It does not mean , however, protection of minority ethnic and linguistic groups as that products described as biodegradable can be dumped such . However, Article 126 requires , in the field of with impunity. No C 202/46 Official Journal of the European Communities 10 . 8 . 92

The Commission's waste policy gives first priority to the Economic and Social Committee would duplicate reducing the quantity of waste, and then to maximum much of the work of the Monitoring Committees . reuse of waste which cannot be avoided . Final disposal , i.e. landfill and incineration without energy being recovered, should be confined to waste which cannot be reused or recovered , and should therefore become less common in the years to come . WRITTEN QUESTION No 303/92 In the context of the waste streams currently being by Mrs Raymonde Dury (S) studied by the Commission with a view to adopting to the Council of the European Communities Community measures , targets of a maximum of 10% of waste being put into landfill have been set for the future . (24 February 1992) (92/C 202/94)

Subject: Access to public-sector employment In its recommendation of 18 March 1988 , the Commission defined four sectors of public activity which WRITTEN QUESTION No 295/92 should be opened up as a matter of priority in application by Mrs Raymonde Dury (S) of the right of access to establish posts for nationals of the Member States : health , teaching , civil research and bodies to the Commission of the European Communities responsible for managing a commercial service . (24 February 1992) To what extent have the Member States acted on this (92/C 202/93) recommendation ? What is the current state of affairs ?

Subject : Appointment of regional policy observers Answer In its opinion on the fourth periodic report on the economic situation of the regions ('), the Economic and (3 July 1992) Social Committee suggests that the Member States should appoint regional observers responsible for studying the It is not for the Council to pronounce on the action taken application of regional policy measures and for presenting by the Member States in response to the Commission reports to the Commission and the Member States . communication entitled 'Freedom of movement of workers and access to employment in the public service of What does the Commission think of this suggestion ? the Member States — Commission action in respect of the application of Article 48 (4) of the EEC Treaty' ('). O OJ No C 339 , 31.12 . 1991 , p. 6 . O OJ No C 72 , 18 . 3 . 1988 , p. 2 .

Answer given by Mr Millan on behalf of the Commission (9 April 1992) WRITTEN QUESTION No 323/92 by Mr Yves Verwaerde (LDR) The Commission attaches great importance to the to the Commission of the European Communities involvement of the regions themselves in the operation of (27 February 1992) Community regional policies . An example of this (92 /C 202/95) involvement is the partnership arrangements of the reform of the Funds . As part of these arrangements , the Funds are managed through Monitoring Committees Subject: Combating air pollution — deadline for whose membership is drawn from the regions and the transposing the Directive adopted on 1 October Member States as well as the Commission . 1991 As part of the campaign against air pollution , a new Prominent among the responsibilities of the Committees Directive (91 / 542 /EEC) (') was adopted on 1 October are those of evaluating progress in implementing the 1991 on the emission of gaseous pollutants from diesel Community Support Frameworks , studying the economic engines . impact and proposing modifications . The Commission seeks to promote overall coherence in the work of the Does the Commission consider that such a short deadline Committees and to draw general lessons for the future . for transposing this Directive into national law (1 January 1992) is realistic ? In view of this provision, it is the Commission's opinion that a network of 'regional observers' as recommended by O OJ No L 295 , 25 . 10 . 1991 , p. 1 . 10 . 8.92 Official Journal of the European Communities No C 202 /47

Answer given by Mr Ripa di Meana WRITTEN QUESTION No 367/92 on behalf of the Commission by Mr Sérgio Ribeiro (CG) (27 April 1992) to the Commission of the European Communities (27 February 1992) The date of 1 January 1992 for the transposition appears (92/C 202/97) in the Commission's initial proposal of 15 June 1990 .

The Council adopted this proposal unanimously on Subject : The Commission and the Republic of Cuba 1 October 1991 without changing this date because of the importance of the Directive in combating air According to media reports , Commissioner Matutes has pollution . recently commented on the execution in the Republic of Cuba of an individual accused and found guilty of acts of Both the Commission and the Council consider, therefore , that in this particular case , the interval of three sabotage and terrorism . months between the date of adoption and the date of transposition is sufficient . Had Commissioner Matutes taken advantage of the occasion to criticize the death penalty, he would have had the support of all those — the author of this question included — who are opposed to this form of punishment . However, the present author cannot under any circumstances endorse Mr Matutes' remarks to the effect that 'the communist regime of Fidel Castro is ending its WRITTEN QUESTION No 329/92 days as it began, by shooting people'. In reality , the by Mr John McCartin ( PPE) regime symbolized by Fidel Castro originated in the to the Commission of the European Communities rejection of, and emancipatory revolt against, a dictorial (27 February 1 992) and barbarous system , entailing the sacrifice of many lives , some by shooting. In addition , it is not, or should (92/C 202/96) not be , the responsibility of a Commissioner to declare that a regime in a particular country is 'ending its days'. Subject : 1991 Livestock premia Whatever the nature of Mr Matutes' personal beliefs and Is the Commission aware that a large percentage of wishes with regard to Cuba or any other subject, the livestock and sheep premia due to Irish farmers for 1991 present author is willing to respect them , however great have still not been paid at the end of January 1992 ? the degree of disagreement . It is not, however, acceptable for Mr Matutes , as a Commissioner, to represent his beliefs Can the Commission provide information on the amounts and wishes as being positions of the Commission , unless of such premia for the 1991 season in the individual he has been mandated to this effect . Member States paid to farmers before the end of 1991 ? Can the Commission state whether any such mandate exists in this case ? Answer given by Mr Mac Sharry on behalf of the Commission (6 May 1992) Answer given by Mr Matutes on behalf of the Commission Advances on the ewe premium payable in respect of the 1991 marketing year were fixed by the Commission on 16 (10 April 1992) July and 11 November 1991 respectively . The definitive premium shall be fixed during Spring 1992 . Payment of The Honourable Member may wish to refer to the the advances is optional for Member States but, in any Commission's answer to Oral Question H- 132/92 put by event, payment of the 1991 premium must be completed Mrs Castellina during question time at the March session prior to 31 December 1992 . Several Member States do of Parliament ('). not, in fact, make advance payments . However, the Commission is aware that in Ireland , with The remarks to which the Honourable Member refers the exception of individual claims giving rise to particular were a reaction to the almost immediate execution of Mr difficulties , payment of the first advance was completed Diaz, on opponent of the regime , within days of his being during Autumn 1991 and payment of the second advance sentenced to death by a Cuban court in circumstances has also been completed . Given the fact that over 50 000 quite unacceptable in terms of the general principles of sheep producers in Ireland benefit from the ewe premium , human rights and defendants' rights . the Commission regards payment within such a timespan as very satisfactory . (') European Parliament Debates , No 3-415 , March 1992 . No C 202/48 Official Journal of the European Communities 10 . 8 . 92

WRITTEN QUESTION No 398/92 very low sulphur content, but the international standards by Mr Ben Visser (S) give a maximum of 0,3% . The consequences of lower limits are at present being studied . to the Commission of the European Communities (27 February 1992) O OJNoL307 , 27 . 11 . 1975 . (92/C 202/98 ) O OJ No L 91 , 3 . 4 . 1987 . O COM(91 ) 154 final .

Subject : Low-sulphur fuels

After considerable discussion and sidestepping of the issue the industry is now submitting definite plans for the WRITTEN QUESTION No 405/92 large-scale production of low-sulphur diesel oil . The oil by Mrs Raymonde Dury ( S) company Esso has announced that it is to build a plant in the Netherlands with an annual output of some 2 million to the Commission of the European Communities tonnes of low-sulphur diesel oil from 1995 . Besides (2 March 1992) low-sulphur diesel oil , the plant will manufacture (92/C 202 /99) low-sulphur aviation fuel , naphtha and base materials for producing ethylene . Subject : A European fund to compensate victims of faulty 1 . What will be the approximate level of demand for goods diesel oil when the stringent standard of a maximum of 0,5 percent by weight sulphur in diesel oil comes What does the Commission think of the idea of setting up into force on 1 October 1996 ? a European fund to compensate victims of faulty goods ? As a result of the creation of a single market and the free 2 . What is the major oil companies' planned production movement of goods , at a time when the legal systems of capacity for low-sulphur diesel oil over the next few the Member States are still fundamentally different and years ? If it is less than the expected demand , what separate , people in this position are unlikely to be able to conclusions does the Commission draw ? gain redress .

3 . Now that it appears possible to produce low-sulphur aviation fuel and other base materials on a large scale, Answer given by Mr Bangemann will the Commission shortly be submitting Directives on behalf of the Commission for these substances , too , by analogy with diesel oil ? (8 April 1992)

One of the tasks of the European Communities since their inception has been to approximate such laws of the Answer given by Mr Ripa di Meana Member States as 'directly affect the establishment or on behalf of the Commission functioning of the common market' (Article 100 of the (18 May 1992) EEC Treaty). In performance of this task, the Council , acting on a proposal from the Commission, adopted on 25 July 1985 a At this moment the sulphur content of certain liquid fuels Directive on the approximation of the laws, regulations of which automotive gasoil or diesel forms a part, is laid and administrative provisions of the Member States down in Directive 75/716/EEC (') and amended by concerning liability for defective products ( 85 /374/ Directive 87/219/EEC (2) to the maximum level of 0,3% EEC) ( ! ). The Directive is based on the principle of by weight or 0,2 % by weight, if Member States require liability without fault on the part of the producer, this such a level for environmental reasons for specific areas . being the most appropriate arrangement for protecting person injured by defective products while, at the same The Commission's proposal ( 3 ) amending Directive time , respecting the legal traditions of Member States . 75/716/EEC introduces , amongst others , the level of 0,5 % sulphur by weight for diesel as from 1 October 1996 The Commission , Parliament and the Council have and requires the progressive availability of this product. rejected the idea of setting up a European compensation This proposal is currently being discussed in the fund as this would not be compatible with the traditions in European Parliament and the Council and a political Member States . agreement on a common position of the Council has recently been reached . In a recent study it was estimated The Commission would invite the Honourable Member that the total need for automotive gasoil (diesel) in to take note of that Directive . 1996/97 in the EC , will be around 97 — 99 million tonnes . At this moment, the oil industry is awaiting the outcome o OJN0L2IO , 7 . 8 . 1985 . of Commission discussions in order to define the needed desulphurization capacity . Jet fuel in practice has often a *

10 . 8 . 92 Official Journal of the European Communities No C 202/49

WRITTEN QUESTION No 410/92 places the resolve to promote measures to encourage the by Mrs Raymonde Dury ( S) richness and diversity of the audiovisual production of states with smaller production capacities and the to the Council of the European Communities determination to strengthen television organizations in (2 March 1992) these countries , so that they are in a position to attract the (92/C 202/ 100) advertising revenue which they need . Can the Council say to which points in the Directive it is referring and how they can be applied in practice , given the dangers Subject: Revision of the standards contained in the Directive of 3 October 1989 on television highlighted in my question . broadcasting activities O OJ No C 20 , 27 . 1 . 1992 , p . 22 . In a field subject to constant change such as the ( 2 ) OJ No L 298 , 17 . 10 . 1989 , p . 23 . audiovisual sector, is it not possible that certain standards were laid down too soon and may have the opposite effect to that which was intended ? For example , should not the standards laid down in Directive 89/552 /EEC (') be Answer reassessed sooner than was planned ? (3 July 1992)

(') OJ No L 298 , 17 . 10 . 1989 , p. 23 . The Council would first of all point out that the Directive of 3 October 1989 on the pursuit of television broadcasting activities is intended in particular to Answer promote European audiovisual productions . (3 July 1992) Directive 89/552 /EEC stipulates that Member States Directive 89/552/EEC, the aim of which is to ensure should ensure freedom of reception and should not freedom to provide broadcasting services, to facilitate the obstruct the re-transmission within their territory of pursuit of the professional activities concerned and to television broadcasts from other Member States . The preserve cultural diversity in the Community , falls within Directive lays down minimum provisions needed to the framework of the programme to open up the internal ensure freedom of transmission in broadcasting . market . It gives Member States considerable latitude to go beyond the Directive in order to achieve the above aims Article 3(1 ) nonetheless leaves Member States free to lay and therefore to adjust to any changes in the audiovisual down more detailed rules in the areas covered by the sector. Directive with regard to television broadcasters under their jurisdiction . Article 128 (2) of the Treaty on European Union refers , moreover, to artistic and literary creation , including in the The 13th recital furthermore specifies that the Directive audiovisual sector. does not affect the responsibility of the Member States and their authorities with regard to the organization — As regards more rapid reassessment of the effects of the including the systems of licensing , administrative Directive , the Council would point out that the date laid authorization or taxation — financing and the content of down for Member States to comply with this Directive the programmes . was 3 October 1991 . It has therefore been in force for only five months . It would seem premature to try to assess The independence of cultural developments in the its effects after such a short time . In the absence of an Member States and the cultural diversity of the initiative from the Commission to bring forward the Community are thereby preserved . review provided for in Article 26 of the Directive , the timetable laid down still seems appropriate . Article 8 specifies that, where they consider it necessary for purposes of language policy , the Member States , provided that they observe Community law, may, as regards some or all programmes of television broadcasters under their jurisdiction , lay down more detailed or stricter rules in particular on the basis of language criteria . WRITTEN QUESTION No 411 /92 by Mrs Raymonde Dury (S) The 22nd recital stresses the importance of the cultural to the Council of the European Communities dimension of the Directive and refers particularly to the situation in countries with a low production capacity or (2 March 1992) restricted language area . (92 /C 202/ 101 ) Furthermore, Council Decision 90/685 /EEC of 21 Subject: Support for audiovisual production (cont.) December 1990 (') on the Media programme (also referred to in the Council reply to Question No 1615 /91 ), In its answer to my question No 1615/91 ('), the Council makes the necessary funds available to the Member States states that Directive 89/ 552/EEC ( 2 ) reflects in several to enable them to develop the richness and diversity of No C 202/50 Official Journal of the European Communities 10 . 8.92

European culture and refers specifically , in Article 2 , to Following this provisional decision , the Commission the programme objectives in countries in Europe with intends to rule on all the conditions governing access to smaller audiovisual production capacities and/or with a the distribution network for Vichy cosmetic products in limited geographical and linguistic area . its future final decision .

0) OJ No L 380 , 31 . 12 . 1990 , p. 37 . O OJ No L 75 , 21 . 3 . 1991 , p. 57 .

WRITTEN QUESTION No 415/92 WRITTEN QUESTION No 422/92 by Mr José Valverde Lôpez ( PPE) by Mrs Brigitte Ernst de la Graete (V) to the Commission of the European Communities to the Commission of the European Communities (2 March 1992) (2 March 1992) (92 /C 202 / 102) (92/C 202 / 103)

Subject: Commission's doctrine on exclusive product Subject : Sectoral reconversion programme for the distribution systems armaments industry

In the sector of cosmetic products the European At the meeting of the Committee on Economic and Commission has adopted a Decision regarding a standard Monetary Affairs and Industrial Policy, on 27 January contract for selective distribution defining the conditions 1992 , the Vice-President, Mr Bangemann , mentioned the for product marketing in the EC . This Decision referred possibility of implementing a sectoral reconversion to the firm 'Yves Saint Laurent' (92/ 33 /EEC) ('). It states programme for the armaments industry , similar to the that the standard contract will allow the Commission to Rechar programme . assess similar cases . It can be interpreted that the dispute in some Member States concerning the sale of some Can the Commission give more definite information on hygiene , cosmetics , perfumes and special food products , the stages involved in the implementation of this labelled as for sale only in pharmacies , could be settled by programme , as well as the deadlines that it has fixed and this type of contract . the financial resources that it plans to allocate ?

O OJNoL 12 , 18 . 1 . 1992 , p. 24 . Does the Commission intend to coordinate this new programme with the Perifra programme , whose continuation in 1992 was approved by the European Parliament and which covers (of course , only to a limited Answer given by Sir Leon Brittan extent) the same objectives ? on behalf of the Commission (24 April 1992)

The decision taken by the Commission on 16 December Answer given by Mr Bangemann 1991 in the Yves Saint Laurent Parfums case relates on behalf of the Commission specifically to the selective distribution of luxury cosmetic (21 May 1992) products .

In the area to which the Honourable Member refers , The Commission is keeping under review the economic namely the so-called parapharmaceutical products sector, and social effects of the reduction in military expenditure the Commission adopted on 11 January 1991 a in Member States . It has noted the need for structural provisional Decision (') pursuant to Article 15(6) of adjustment of defence-related industries and is examining Council Regulation No 17 notifying the Societe the implications which such an adjustment may have for d'Hygiene Dermatologique de Vichy of its opinion that certain Community regions and the scope for the system for the distribution of Vichy cosmetic strengthening their ability to respond . products , in so far as it provides for their exclusive distribution through retail pharmacists , is caught by This examination is among the strategies set out in the Article 85(1 ) of the EEC Treaty and does not qualify for Commission's communication to the Council on the exemption under Article 85(3). The Court of First financial perspectives for 1993 — 97 (*), and in particular Instance recently confirmed the legality of the Decision , those intended to anticipate industrial change at dismissing an appeal by the Societe d'Hygiene Community level . According to research which the Dermatologique de Vichy as unfounded (judgment of Commission has been carrying out for some time , 27 February 1992 in Case T- 19/91 ). defence-related industries provide a good example of a 10 . 8.92 Official Journal of the European Communities No C 202/ 51 grouping of industrial activities faced with far-reaching WRITTEN QUESTION No 443/92 changes in the years ahead . by Mrs Cristiana Muscardini (Ni) to the Council of the European Communities Since no decision has been taken on an initiative like that mentioned by the Honourable Member, the question of (2 March 1992) coordination with the Perifra programme does not arise . (92 /C 202 / 105)

(') From the Single Act to Maastricht and beyond: the means to Subject: Amendment of the Directive on the protection of match ourambitions, COM(92) 2000, 1 1 February 1992 . pregnant workers Is the Council aware that adoption of the Directive on the protection of pregnant workers, workers who have recently given birth and workers who are breast feeding would, in fact, establish a lower standard of welfare , social security and health benefits than those already WRITTEN QUESTION No 436/92 available under Italian law ? by Mr Virginio Bettini and Mr Gianfranco Amendola (V) The proposal limits compulsory maternity leave to to the Commission of the European Communities fourteen weeks , does not provide for daily rest periods for (2 March 1992) mothers or leave for illness of children . It does not (92/C 202/ 104) introduce any provisions for the protection of workers who have assumed guardianship of or adopted children . It discriminates against adoptive mothers and guardians as Subject: Extinction of the Mediterranean monk seal opposed to natural mothers .

The Mediterranean monk seal (of which only 300 remain) It also discriminates against fathers who might benefit from the same rights as an alternative to, and/or in place is in danger of complete extinction, since the virus which of mothers . wiped out over 17 000 seals in the North Sea and large numbers of Mediterranean dolphins is spreading in the Mediterranean . Answer Microbiological tests have detected the presence of (8 July 1992) pasteurella and pseudomonas bacteria and the measles virus in the nasal and oral secretions of surviving monk seals from the Chafarina islands (Spain), causing severe The Council adopted its common position on this respiratory disorders . proposal for a Directive and has forwarded that position to the Parliament. The grounds underlying the solutions In 1991 , no less than five seals were discovered dead in opted for in the common position are referred to in the accompanying reasons , which have also been submitted to various places along the Mediterranean coast of northern the Parliament. Africa from unknown causes . The Honourable Member's attention is also drawn to the What steps will the Commission take to prevent the fact the draft Directive , which is based on Article 1 18a of disappearance of surviving monk seals , whose presence the EEC Treaty, lays down minimum provisions . Under has been recorded in the Mediterranean off the coasts of Article 118 (3), any Member State may maintain or Spain, Portugal, Greece and Italy ? introduce more stringent measures for protection, in compliance with the Treaty .

Answer given by Mr Ripa di Meana on behalf of the Commission (24 April 1992) WRITTEN QUESTION No 465/92 by Mr Alexandras Alavanos (CG) With regard to the monk seals from the Chafarina islands, to the Commission of the European Communities the Spanish authorities have taken all the necessary steps (9 March 1992) to protect them from disease . (92/C 202/ 106) Furthermore , the Commission has set up a monk seal conservation programme under the Acnat financial Subject: Infringement of the Council Directive on regulation . broadcasting 1 . The Greek Government has taken measures against Sky Channel, which has its headquarters in Athens . Are No C 202/52 Official Journal of the European Communities 10 . 8 . 92 these measures in accordance with Council Directive by the recently established European Drugs Observatory 89/552/EEC (') and in particular with its preamble which and the European Week scheduled for the second quarter states 'This right as applied to the broadcasting and of this year? distribution of television services is also a specific manifestation of Community law of a more general principle, namely the freedom of expression as enshrined in Article 10(1 ) of the Convention for the Protection of Answer Human Rights and Fundamental Freedoms'? (7July 1992) 2 . Council Directive 89/552/EEC also includes provisions on the freedom of broadcasting (Article 2) the The European Plan to combat drugs is being implemented promotion of European programmes (Articles 3 to 5) and Celad will shortly be considering whether the reports from Member States to the Commission European Council in Lisbon should be given a progress (Article 4(3)) conditions governing advertising report on its implementation . (Article 11 ) and the bringing into force of laws , regulations and administrative provisions necessary to One of the measures advocated by the Plan is the comply with the Directive not later than 3 October 1991 establishment of a European Drugs Monitoring Centre . (Article 25). The Commission has submitted a proposal for a Regulation on which the European Parliament has Are the Member States complying with this Directive ? delivered its opinion and which will shortly be examined What view does the Commission take of the situation in by the Council . The European Council in Maastricht Greece in this respect particularly with regards to invited the Institutions of the European Community to Article 25 , Article 4(3) and Article 1 1 ? employ all means to ensure that the act setting up the European anti-drug monitoring body could be adopted o OJ No L 298 , 17 . 10 . 1989 , p. 23 . before 30 June 1992 . European Drug Prevention Week is one of the measures recommended to help to prevent the use of drugs , Answer given by Mr Bangemann particularly amongst the young . on behalf of the Commission (21 May 1992)

The Commission has no information on the measures which , according to the Honourable Member, have been WRITTEN QUESTION No 533/92 taken by the Greek Government with regard to Sky Channel . by Mr Wilfried Telkamper (V) to the Commission of the European Communities It is examining the progress made in transposing Council (16 March 1992) Directive 89/552/EEC into national law in the Member (92 /C 202/ 108 ) States and , with particular regard to Greece , would refer the Honourable Member to its answer to Written Question No 280/92 by Mr Papayannakis ( l). Subject : Compulsory environmental impact assessments for project modifications O OJNoC 183 , 20 . 7 . 1992 . Under Article 1 of Directive 85/337/EEC ( ! ) 'project' means 'the execution of construction works or of other installations or schemes' or 'other interventions in the natural surroundings and landscape, including those involving the extraction of mineral resources'.

WRITTEN QUESTION No 501 /92 This definition makes no specific reference to project by Mr Victor Manuel Arbeloa Muru (S ) modifications which are, however, referred to in to the Council of the European Communities paragraph 12 of Annex II , ('modifications to development projects included in Annes I'). (16 March 1992) (92/C 202/ 107) Projects in Annex I are all subject to environmental impact assessments under Article 4(1 ) of the Directive (absolute requirement). Subject: Anti-drug programme 1 . Are environmental impact assessments an absolute What progress has been made in preparations for the requirement for modifications to projects in Annex II anti-drug programme adopted by the European Council if, as a result, they then become projects according to on 14 December 1990 in Rome ? What part will be played the criteria listed in Annex I ? 10 . 8.92 Official Journal of the European Communities No C 202/53

2 . Are environmental impact assessments compulsory for Luxembourg European Council in June 1991 and the modifications — if the conditions laid down in resolution and the Regulation adopted by the Article 2 of the Directive are fulfilled — in cases Development Council on human rights , democracy and where projects listed in Annex II continue to meet the development on 28 November 1991 . This concern has criteria of Annex II after modification ? furthermore been the object of a great number of common statements and demarches to the Indonesian o OJ No L 175 , 5 . 7 . 1985 , p. 40 . authorities . The Community and its Member States have expressed their strong condemnation of the unjustifiable actions by Answer given by Mr Ripa di Meana the armed forces of Indonesia with regard to the violent on behalf of the Commission incidents of Dili in November 1991 , causing the death of many innocent and defenceless citizens . In their statement (12 May 1992) on 3 December 1991 they have further called upon the Indonesian authorities to respond to the serious concerns Under Directive 85/337 /EEC , only modifications to expressed by the international community and supported projects mentioned in Annex I must be subjected to an the demands for a thorough and credible investigation by EIA where their characteristics so require . However, the impartial and independent experts . Commission takes the view that, where modifications to projects mentioned in Annex II may have significant The Community and its Member States have on 13 environmental impact, e.g. comparable to the impact of February 1992 issued a new statement expressing their Annex I projects , they should be judged on a case by case position on this problem , namely that those developments basis to decide whether or not their impact on the be followed by concrete and effective steps to improve environment would make on EIA necessary . significantly the human rights situation in East Timor . The Community and its Member States welcomed the involvement of the UN in this process and are now looking forward to a report from the visit to Indonesia and East Timor of the personal representative of the UN Secretary-General .

WRITTEN QUESTION No 536/92 by Mrs Winifred Ewing (ARC) to European Political Cooperation (16 March 1992) WRITTEN QUESTION No 549/92 (92/C 202 / 109) by Mr Pierre Bernard-Reymond (PPE) to the Commission of the European Communities Subject: East Timor — massacre at Dili (16 March 1992) (92/C 202/ 110) Given that the Indonesian Commission of Inquiry into the mass shootings on 12 November 1991 in Dili , East Timor, in which 50 people were killed , admitted that 'it Subject: Measures to combat 'caulerpa taxifolia' algae finds fault with the actions of a number of security personnel which exceeded acceptable norms', will the In view of the major risks to the marine environment arising from the proliferation and propagation of Foreign Ministers send a clear message to the Indonesian 'caulerpa taxifolia' algae in the Mediterranean , does the ambassadors to all of the EC Member States stating that Commission not consider it should contribute to research the EC is not prepared to accept this or any future armed and the development of methods to combat this menace , repression of the East Timorese people ? in particular by coordinating the resources of the other Mediterranean countries ?

Answer (10 July 1992) Answer given by Mr Ripa di Meana on behalf of the Commission

As the Honourable Parliamentarian will be aware from (12 May 1992) the reply to her Oral Question H-0206/92 the Community and its Member States are following with The Commission would refer the Honourable Member to deep concern the human rights situation in East Timor. its answer to Written Question No 38 /92 by Mr Romeos ('). The Indonesian authorities are well aware of the importance which the Community and its Member States (') See page 38 of this Official Journal . attach to scrupulous respect for human rights as set out in the Declaration on Human Rights adopted by the No C 202/54 Official Journal of the European Communities 10 . 8.92

WRITTEN QUESTION No 586/92 The Economic Commission for Europe (ECE) of the by Mrs Cristiana Muscardini (NI) United Nations adopted Regulation 66 concerning the safety requirements of the superstructure of coaches . to the Council of the European Communities Which Member States are following that Regulation ? (19 March 1992) (92/C 202 / 1 11 ) Even if the Commission is of the opinion that safety of coaches is mainly a question of limiting their speed, what Subject : Realignment of borders between Italy and the is their position on making the technical requirements of former territory of Yugoslavia ECE regulation 66 compulsory ?;

What view does the Council take of the new legal Would it not be in the interest of the consumer that situation which has now arisen concerning Italy on the uniform safety rules for coaches be adopted throughout one hand and Croatia and Slovenia on the other, the Community ? following the dissolution of Yugoslavia ? o OJNoC94 , 11.4 . 1991 , p. 29 . Does it consider that the Treaty of Paris of 10 February 1947 ceding Italian territory to Yugoslavia , and the Treaty of Osimo of 10 November 1975 have now lapsed ?

Does it consider therefore that the territories belonging to Answer given by Mr Bangemann Istria , Fiume and Dalmatia should therefore be returned on behalf of the Commission to them and that those concerned should be informed (7 May 1992) about the burial places of their relatives who were massacred at the end of the Second World War ? Regulation 66 , prepared by the United Nations Economic Commission for Europe , is indeed a standard for the strength of coach superstructures . Answer ( ) (10 July 1992) The Member States which have adopted this Regulation are Belgium, Germany, the Netherlands and the United Kingdom . In the last country, for example , all new The specific points raised by the Honourable Member coaches registered after 1 October 1993 will be required have not been discussed within the framework of the to comply with UN-ECE Regulation No 66 . European Political Cooperation .

(*) This reply has been provided by the Foreign Ministers In several Member States a number of new coaches on the meeting in political cooperation, within whose province the market have already fulfilled the relevant requirements . question came . As regards the safety feature of seat belts , the Member States France , Germany, the Netherlands and the United Kingdom have adopted UN-ECE Regulation No 80 which contains technical requirements relating to seat backs . These are required to function as restraint systems for passengers seated behind the seats equipped with these WRITTEN QUESTION No 587/92 special seat backs . by Mr Madron Seligman (ED) to the Commission of the European Communities In coaches equipped with restraint systems which (19 March 1992) conform to the relevant UN-ECE Regulation, it is not deemed necessary for safety belts to be installed . ■ (92/C 202/ 1 12) The Commission will carefully monitor the future Subject: Safety of passenger-carrying road vehicles development of coaches as regards the strength of superstructures and restraint systems . If statistics from the The Commission replied to my Question No 2041 /90 (') Member States come to light suggesting that the regarding the safety of coaches and in particular the superstructure of new coaches is particularly prone to relative fragility of their superstructure on 12 November collapsing in the event of an accident, and no restraint 1990 . The Commission had not then seen evidence to systems are fitted in these vehicles , then the Commission justify a Directive on the superstructure of coaches . will consider preparing relevant proposals to improve the road safety of coaches and buses . Meanwhile passengers continue to suffer death and serious injuries when the vehicle in which they are travelling is involved in a major collision or overturns . 10 . 8.92 Official Journal of the European Communities No C 202/ 55

WRITTEN QUESTION No 598/92 resolution and the Regulation adopted by the by Mr Sérgio Ribeiro (CG) Development Council on human rights , democracy and development on 28 November 1991 . This concern has to the Council of the European Communities furthermore been the object of a great number of (19 March 1992) common statements and demarches to the Indonesian (92/C 202/ 113) authorities . The Community and its Member States have expressed Subject: Indonesia, East Timor and the events of their strong condemnation of the unjustifiable actions by November 1991 the armed forces of Indonesia with regard to the violent incidents of Dili in November 1991 , causing the death of In reply to a colleague during the February part-session , many innocent and defenceless citizens . In their statement the President-in-Office of the Council , after considering on 3 December 1991 they have further called upon the the matter to fall within the sphere of activities of EPC , Indonesian authorities to respond to the serious concerns indicated the stance adopted by the Community on expressed by the international community and supported Indonesia and East Timor, pointing out that the Council the demands for a thorough and credible investigation by was not satisfied with the answers given and action taken impartial and independent experts . to date by the Indonesian Government in respect of the events of November 1991 and envisaged the possibility of The Community and its Member States have on 13 a further declaration following that of 3 December 1991 February 1992 issued a new statement expressing their (see answer to Question No H-64/92 ( x ). position oh this problem , namely that those developments be followed by concrete and effective steps to improve During Question Time on the same occasion , significantly the human rights situation in East Timor . Commissioner Matutes affirmed — and reaffirmed — his The Community and its Member States welcomed the satisfaction with the 'positive response' by the Indonesian involvement of the UN in this process and are now Government and went so far as to say that he did not looking forward to a report on the visit to Indonesia and remember the positions adopted by the European East Timor of the personal representative of the UN Parliament in its resolution of 21 November 1991 Secretary-General . specifically calling for decisions by European Political Cooperation and the European Council imposing an arms Moreover, they reiterated their support to the efforts of embargo and reviewing cooperation agreements the Secretary- General of the United Nations to achieve a concluded by the EC and its Member States and just, comprehensive and internationally acceptable condemning the brutal murder of the most recent victims settlement of the question of East Timor, with full respect of the illegal occupation of East Timor by Indonesia, for the legitimate interests and aspirations of the East euphemistically referred , to by the Commissioner as Timorese . In this context, they stated also that they 'excesses and improper action by the armed forces' (see favour the start of a dialogue without preconditions answer to Question No H-63/92 (*). between Portugal and Indonesia under the Secretary­ General's auspices , as contained in the constructive Does the Council not consider Commissioner Matutes' proposal recently put forward by Portugal . assessment of the answer given by the Indonesian Government to be untimely ? Has it already made its own Statements made by members of the European assessment and will it in fact make the declaration already Commission are not discussed in the EPC framework . announced as a possibility ? (') This reply has been provided by the Foreign Ministers ( l) Debates of the European Parliament No 3-414 (February meeting in political cooperation , within whose province the 1992). question came .

Answer ( ) (10 July 1992) WRITTEN QUESTION No 605/92 by Mrs Raymonde Dury (S) As the Honourable Parliamentarian will be aware from the reply to his Oral Question H-2 14/92 the Community to the Commission of the European Communities and its Member States are following with deep concern (23 March 1992) the human rights situation in East Timor. (92/C 202 / 114)

The Indonesian authorities are well aware of the importance which the Community and its Member States Subject: Regulation of aerosol gases attach to scrupulous respect for human rights as set out in the Declaration on Human Rights adopted by the A woman recently suffered severe burns when an aerosol Luxembourg European Council in June 1991 and the can she was using exploded . This was because the No C 202/56 Official Journal of the European Communities 10 . 8.92 propellant gas used by the manufacturer is highly WRITTEN QUESTION No 608/92 inflammable . by Mr Giis de Vries (LDR) to European Political Cooperation Does the Commission not consider that aerosol (23 March 1992) manufacturers should be obliged to use gases such as (92 /C 202 / 115) nitrogen or nitrogen oxide which are neither inflammable nor ozone depleting ? Subject: Human rights violations in Egypt

In recent months , Amnesty International has twice called attention to cases of torture , indefinite detention , and 'disappearances' in Egypt ('Egypt . Ten years of torture', Answer given by Mr Bangemann October 1991 ; 'Egypt : Security police detentions on behalf of the Commission undermine the rule of Law', January 1992). (20 May 1992) What specific action have the Twelve undertaken in recent months to urge the Egyptian Government to end these violations of the International Covenant on Civil The Commission has recently become aware of certain and Political Rights ? accidents attributed to aerosol dispensers containing highly inflammable propellants and is currently considering any measures which it might be appropriate to take at Community level to make the use of such Answer materials safer . In particular, it is considering taking further the approach adopted in Council Directive (10 July 1992) 75/ 324/EEC on aerosol dispensers (') in order to take better account of the dangers associated with the recent The Community and its Member States have taken note use of the aforementioned propellants as substitutes for of reports of human rights violations in Egypt, although non-inflammable chlorofluorocarbons (CFSs). the Amnesty International reports have not specifically been discussed in the framework of EPC . The Egyptian authorities are well aware of the importance which the These measures may well provide an even greater Community and its Member States attach to the rule of incentive for the industry to develop suitable substitutes , law and to strict respect for the undertakings to which in particular, for those propellants , by reason of their Egypt has subscribed by her adherence to international impact on the storage , marketing and distribution of conventions on human rights . aerosol dispensers . The Declaration on Human Rights adopted by the In this particular connection , the information available to Luxembourg European Council stated categorically that the Commission indicates that non-hazardous propellants 'respecting , promoting and safeguarding human rights is such as nitrogen or nitrous oxide cannot be widely used an essential part of international relations as well as of for applications other than their current ones (food relations between the Community and its Member States industry, high-technology industries). These gases are and other countries'. The Community and its Member compressed at the time of packaging, with the result that, State take account of the actions of third countries in unlike in the case of liquefied gas propellants, there is no respecting human rights and democracy when they balance between the liquid and gaseous phases . And so , formulate their policies towards the country concerned . during use , the internal pressure falls and the residual pressure necessary for satisfactory propulsion of the active principle cannot be maintained . In addition , the insolubility of these gases creates problems of physico-chemical compatibility with certain active principles , making them unsuitable particularly if very fine micronization is sought . WRITTEN QUESTION No 612/92 by Mr Jean-Pierre Raffin (V) The industry has already invested heavily in the research to the Commission of the European Communities and development of substitutes and the Commission will (23 March 1992) promote initiatives in this field which tend to improve (92/C 202/ 116) consumer protection . Subject : Measures to protect the brown bear in Europe O OJNoL 147 , 9 . 6 . 1975 . In 1989 the Commission provided funding for a number of European countries for the protection of the brown bear . 10 . 8.92 Official Journal of the European Communities No C 202/57

Can the Commission say how the funds were allocated Answer and indicate the use to which they were put ? (3 July 1992)

At its meeting on 18 November 1991 , the Council of Industry Ministers discussed the problems of the Community textile and clothing industry . The Council Answer given by Mr Ripa di Meana took note of the Commission's intention of speeding up on behalf of the Commission diversification of activities and facilitating the adjustment (12 May 1992) of viable undertakings in regions heavily dependent on textiles and clothing.

The Council accordingly requested the Commission to In 1989 the Commission granted two lots of funding for submit in due course concrete proposals on the basis of the protection of the brown bear, the aim being to restore which the Council could take a decision . the bear population to a level at which the species can be self-sustaining, despite accidents . The question has been put on the Council's agenda for 24 June 1992 . Within this framework the Commission decided to provide Ecu 80 000 for the project by the Fonds Fran£ais pour la Nature et 1'Environnement to protect brown bears in the Pyrenees and to give Ecu 170 000 to a project by the Institut Royal des Sciences Naturelles de Belgique to protect brown bears in Greece, Italy and Spain . WRITTEN QUESTION No 621 /92 Information on these conservation operations will not be by Mr Filippos Pierros (PPE) available until the Commission receives the final activity to the Council of the European Communities reports on 30 June 1992 . (23 March 1992) (92/C 202/ 118 )

Subject: More effective access for small and medium-sized businesses to Community resources .

In addressing the European Parliament's Committee on WRITTEN QUESTION No 620/92 Economic and Monetary Affairs and Industrial Policy the by Mr Filippos Pierros (PPE) President-in-Office of the Council of Ministers, Mr Mira Amaral , the Portuguese Minister for Industry and to the Council of the European Communities Energy, announced that the Presidency intended to (23 March 1992) improve and facilitate access to Community resources for (92/C 202/ 117) SMUs in the Member States .

This is a matter of particular urgency given the current Subject: Structural measures to support the textiles sector financial squeeze in many Member States which is expected to intensify as credit is restricted in line with EMU criteria . In addition, existing Community funding Addressing the European Parliament's Committee on for SMUs is still largely at the pilot stage and inadequate . Economic and Monetary Affairs and Industrial Policy on What steps does the Presidency and, by extension, the 19 February 1992 , the President-in-Office of the Council Council of Ministers intend to take to enable the of Ministers , Mr Mira Amaral , the Portuguese Minister Community to provide more funds for SMUs ? for Industry and Energy, announced that the Presidency intended to introduce major structural measures to support the embattled textiles sector, which was under severe pressure from foreign competition . Answer (3 July 1992) Given the exceptional difficulties facing this sector, which therefore requires the broadest possible structural support, what specific initiatives will the Presidency and , On 29 April 1991 the Council adopted a resolution (') on by extension, the Council of Ministers as a whole , take the action programme for small and medium-sized and with what objectives in mind ? enterprises including craft industry enterprises . No C 202/ 58 Official Journal of the European Communities 10 . 8 . 92

In addition, on 18 June 1991 the Council adopted a Answer Decision (2) allocating Ecu 25 million in addition to the (3 July 1992) Ecu 110 million provided for in Decision 89/490/EEC (J) for the period ending 31 December 1993 . Grant and withdrawal of nationality are matters for Member States . The Council will consider this matter again when the Commission submits a proposal for the financing of SMU programmes after the end of 1993 .

The Council has already examined communications from the Commission concerning access of SMUs to public contracts, and greater participation by SMUs in WRITTEN QUESTION No 675/92 Community R&D programmes . Work in that direction by Mr Michael Welsh (ED) will continue . to the Commission of the European Communities (26 March 1992) Lastly, the Commission has stated that it is looking into subjects such as the role of late payments deadlines and (92/C 202 / 120) the development of mutual guarantee schemes . Naturally the Council will examine any proposal along these lines Subject: Refund of VAT and the Eighth VAT Directive with all due attention . The Eighth VAT Directive requires fiscal authorities to o OJ No C 146 , 5 . 6 . 1991 . refund VAT within six months of a request being received O OJ No L 175,6.7 . 1991 . from the company concerned . An international road O OJ No L 239 , 18.6 . 1989 . haulage company based in my constituency reports the following outstanding claims .

France £ 18 000 All 1991 Belgium £ 7 500 All 1991 Luxembourg £ 300 All 1991 Spain £ 600 All 1990 /91 WRITTEN QUESTION No 628/92 Italy £ 14 500 All 1988 , 1989 , by Mr Detlev Samland (S) 1990 , 1991 to the Council of the European Communities (23 March 1992) In effect this company is providing interest-free loans (92/C 202/ 119) totalling nearly £ 50 000 to the States concerned . 1 . What is the Commission doing to ameliorate this Subject: Restrictions on civil rights under Article 19 of lamentable state of affairs which is wholly contrary to the Greek law on nationality the principles of the single market ? 2 . Has the Commission received similar complaints that Under Article 19 of the Greek law on nationality a person the British authorities are not refunding VAT in the who leaves Greece with no intention of returning may be time allotted . If so , how many ? deprived of his Greek nationality . This article is also applied to people of non-Greek extraction who were born abroad and live there . Their children living abroad may also be deprived of Greek nationality if the nationality is Answer given by Mrs Scrivener taken away from both living parents . on behalf of the Commission (22 May 1992) What is the Council's position with regard to the unclear definition of a person of 'non-Greek extraction' relating to the question of Greek nationality ? Does the Council 1 . The Commission is aware that certain Member see any problem in applying this article within the Single States are not observing the time-limit of six months laid Market for the freedom of movement of the citizens of down in the Eighth VAT Directive of 6 December 1979 . the Greek Republic and, if not, why not ? What is the Council's attitude towards the application of this article to However, it should be noted that this Directive contains the Turkish moslem minority in Western Thrace which detailed rules relating to the submission of refund amounts de facto to their being deprived of European applications . It may be that, in some cases, the delay is due Community citizenship ? to incorrect submission of applications, which cannot, 10 . 8.92 Official Journal of the European Communities No C 202/59 therefore, be accepted , or to omissions in the particulars 4 . Is European Political Cooperation able to contribute to be provided in order to obtain a refund . to ending the boycott and , if so, is it prepared to do so ?

At the moment, the only blatant case of unjustified delay concerns Italy, against which the Commission has instituted proceedings under Article 169 of the EEC Answer Treaty . The matter is currently before the Court of (10 July 1992) Justice . For further information , the Commission would refer the Honourable Member to the answers given to Written Questions Nos 3055/91 , 3087/91 , 3195/91 and The question raised by the Honourable Parliamentarian 3269/91 by the Mr Bonde and others ('), which deal with does not fall within EPC competence . this particular matter.

Delays may be building up in certain respects in other Member States including Spain and Belgium but, according to the information in the Commission's possession , the delays notified in Luxembourg and France are , for the time being , isolated cases . WRITTEN QUESTION No 696/92 by Mrs Christine Oddy (S) An overall assessment has, however, been made of the conditions governing the application of the Eighth VAT to European Political Cooperation Directive . A Commission working paper was presented to (26 March 1992) the Heads of National Indirect Taxation Departments at (92 /C 202/ 122) their meeting in October 1991 , when an expert group was appointed to come up with solutions to the practical problems of implementation . Subject: Prisoner of conscience in Greece (Timotheos)

This initiative does not prevent the Commission from What action will the Foreign Ministers meeting in continuing to use all the means at its disposal to persuade political cooperation take to persuade the Greek the individual Member States to take the measures Government to introduce a right of conscientious necessary to ensure compliance with Community objection in Greek law and to provide alternative civilian legislation . service to military service ? Will pressure be placed on the Greek authorities to release prisoners of conscience such 2 . To date, the Commission departments have not been as the above-named person ? informed of any such problems in the United Kingdom . o OJ No C 159 , 25 . 6 . 1992 , p. 53 . Answer (10 July 1992)

The question raised by the Honourable Parliamentarian does not fall within EPC competence . WRITTEN QUESTION No 677/92 by Mr Jean Penders (PPE) to European Political Cooperation (26 March 1992) (92/C 202/ 121 ) WRITTEN QUESTION No 712/92 by Mrs Cristiana Muscardini (NI) Subject: Boycott of Dutch goods and services to the Council of the European Communities (6 April 1992) 1 . Is European Political Cooperation aware that radio stations and other media in Greece are calling for a (92/C 202/ 123) boycott of Dutch goods and services ? Subject: Kuwaiti prisoners in Iraq 2 . What is the position of the Greek Government with regard to this boycott ? Notwithstanding the end of hostilities between Iraq and the allied powers , many Kuwaitis and others are still being 3 . To what extent has the Dutch economy suffered and detained in Iraq, despite UN and European Parliament what further damage is expected ? resolutions . No C 202/60 Official Journal of the European Communities 10 . 8 . 92

Although Iraq has agreed to the peace conditions Answer requiring it to free all prisoners of war, the clause has not (8 July 1992) been respected by the government of Saddam Hussein .

Does the Council not consider it appropriate to make The conditions governing residence of third-country representations to the authorities in Iraq with a view to nationals within the territory of the Member States fall securing the release and freedom of all persons being within the latter's sphere of competence . illegally detained in Iraq ?

Answer ( ) (10 July 1992) WRITTEN QUESTION No 772/92 by Mr Sérgio Ribeiro (CG) I would refer the Honourable Parliamentarian to the to the Council of the European Communities reply given to oral question No 0223/92 on the same (6 April 1992) subject. (92/C 202/ 125) O This reply has been provided by the Foreign Ministers meeting in political cooperation, within whose province the question came . Subject: Multinational policy with serious social repercussions (Dialap-Portugal)

The company Dialap, in which the Diamond Corporation (DC) holds 13% of shares , was set up during the colonial era to polish diamonds from Angola . It ceased to work with that country after 1976 , for essentially political reasons, which meant that the De Beers group to which WRITTEN QUESTION No 756/92 DC also belongs became its only suppliers and customers . by Mr Freddy Blak (S) In 1980 Porcut, 51 % of whose capital was provided by a to the Council of the European Communities British company linked to DC and 49 % by Dialap was set (6 April 1992) up to process small diamonds only. Porcut then began to work larger stones , thereby competing with Dialap . (92/C 202/ 124) Dialap, which has developed internationally recognized technology has always obtained excellent results except in 1986 and 1987 . The climate of uncertainty finally led to Subject: Protecting the rights of assault victims 136 redundancies , i.e. 52 % of those employed in February 1992 . This was 'justified' by the steady reduction in the The expulsion of women (from third countries) who have supply of raw materials , thereby creating a situation been given residence permits after marrying men which the labour inspectorate defined as 'criminal permanently resident in Denmark has given rise to a lockout'. This is obviously a very serious social problem number of problems . which is aggravated by the fact that this is a very specialized profession for which there are no Women have been expelled because they were forced to labour-market openings and by the average age of the leave their husbands who had subjected them and their workers concerned (about 50). children to physical and/or mental abuse . Given the nature of multinational strategy, the Council's The husbands concerned naturally face charges of assault current approach to mass redundancies and the and are prosecuted but cannot be expelled . implications of the abovementioned situation for competition, does the Commission intend to adopt an Women who have been living in Denmark for less than 24 appropriate position ? months can however be expelled .

This is frequently against their will since they have neither home nor employment to return to . Answer (7July 1992) Since this kind of problem is presumably not limited to Denmark, can the Council draw up a proposal for a directive under which assault victims (irrespective of sex) It is for the Commission to ensure compliance with are never placed in a worse legal situation than their Council Directive 75/ 129/EEC of 17 February 1975 on assailants . Does the Council agree that such an initiative is the approximation of the laws of the Member States necessary ? relating to collective redundancies ('). 10 . 8.92 Official Journal of the European Communities No C 202/61

Moreover, the Council (Labour and Social Affairs) at its annexes listing the types of companies to which the meeting on 30 April 1992 agreed on a Directive amending Directives are applicable . Directive 75/ 129/EEC, aimed in particular at : Would the Council support the application of these — widening the scope of Directive 75 / 129/EEC, Directives to cooperatives ? — ensuring application of Directive 75/ 129/EEC in the case of transnational undertakings or associations of O OJ No L 225 , 20 . 8 . 1990 , p . 1 . O OJ No L 225 , 20 . 8 . 1990 , p . 6 . undertakings , O OJ No L 225 , 20 . 8 . 1990 , p . 10 . — improving the provision of information to and the consultation of workers' representatives , — making arrangements to protect the rights of workers' Answer representatives and/or of workers . (7July 1992)

O OJ No L 48 , 22 . 2 . 1975 , p. 29 . The Honourable Member of Parliament is right in stating that the three recently adopted texts on the harmonization of aspects of corporate income taxation do not apply to co-operatives insofar as their legal form differs from the legal forms provided for in these texts . The Council will pronounce itself if and when the WRITTEN QUESTION No 819/92 Commission presents a proposal on this issue . by Mrs Anne André (LDR) to the Council of the European Communities (14 April 1992) (92/C 202/ 126) WRITTEN QUESTION No 865/92 Subject: UN Convention on the Rights of the Child by Mr Gerardo Fernandez-Albor (PPE) Will the European Community sign the United Nations to the Council of the European Communities Convention on the Rights of the Child in its capacity as a (14 April 1992) community of sovereign States ? (92/C 202/ 128)

Subject: The plight of foreign workers in Kuwait Answer (7July 1992) Is the Council aware — through the ambassadors of the European Community 'troika' in Kuwait — of the plight of foreign workers in that country, both as regards their Signing the United Nations Convention on the Rights of working conditions and as regards the human rights and the Child is a matter for the Member States , should they fundamental freedoms to which all human beings are wish to do so . entitled , whatever the place or country they are in ?

Answer ( ) (10 July 1992) WRITTEN QUESTION No 820/92 by Mr José Valverde Lôpez (PPE) The Community and its Member States are aware of to the Council of the European Communities reports about problems encountered by certain foreign workers in Kuwait, who are now believed to number (14 April 1992) about 600 000 and of whom about 250 000 are domestic (92/C 202/ 127) servants . The requirement for exit visas and retention by the sponsor of the foreign worker's passport in some Subject: Inclusion of cooperatives in the annexes to the instances represents a serious limitation of the movement 'merger Directives' of foreign nationals . Moreover, the labour laws which regulate conditions of employment for foreign nationals The directives on mergers (90/434/EEC ('), on parent in Kuwait do not cover domestic servants , some of whom companies and subsidiaries (90/435/EEC) (*) and on the have been exposed to onerous working conditions and to Convention on the elimination of double taxation in maltreatment. Their plight has been the subject of press connection with the adjustment of profits of associated reports . The Kuwaiti authorities are aware of the problem enterprises (90/436/EEC) (3 ) would be of greater social and are preparing legislation to regulate the activities of benefit if they were applicable to cooperatives . For this Kuwaiti employment agencies whom they regard as being purpose it would be necessary to include the latter in the largely responsible , because of misleading recruitment No C 202 /62 Official Journal of the European Communities 10 . 8.92 practices . They are also considering other measures to Social protection benefits in the Member States help those with a grievance and have repatriated several in the health field (') hundred maids on temporary documents where (in million ECU) employers have refused to release passports . 1988 1989 1990 Since the liberation of Kuwait, the Community and its Member States have followed the human rights situation Belgium 11 479 12 247 in this country closely, including the situation of the Denmark 8 020 8 472 8 565 Palestinian community . They have stressed to the Kuwaiti Germany 112 044 112 847 121 765 authorities on many occasions the importance they attach to respect for human rights and have also expressed their Greece 1 843 \ concern at the deportation of Iraqi Shiites and Spain 16 463 20 550 24 404 Palestinians from Kuwait . France 74 002 80 028 86 917 Ireland 2 025 2 105 2 286 While the question of the observance of fundamental Italy 51 694 57 924 64 407 human rights in Kuwait must continue to remain under 583 636 702 scrutiny, there have been many positive improvements Luxembourg following the lifting of martial law last June . The Nederlands 25 994 27 504 30 898 Community and its Member States will continue to follow Portugal 2 608 3 211 developments closely, especially those concerning the United Kingdom 48 866 deportation of expatriates . They have equally drawn attention to the need for foreigners who leave Kuwait to (') Sickness , invalidity, disability occupational accident and disease . be allowed to do so under fair and humanitarian : = Figures not available . conditions , with full access to their belongings and to any Source : Eurostat — European system of integrated social protection money owed them . statistics (Esspros).

(') This reply has been provided by the Foreign Ministers meeting in political cooperation, within whose province the WRITTEN QUESTION No 954/92 question came . by Mrs Ursula Braun-Moser ( PPE) to the Council of the European Communities (15 April 1992) (92/C 202/ 130) Subject: Entry into force of the package travel Directive WRITTEN QUESTION No 943/92 by Mrs Ursula Schleicher (PPE) The EC inclusive package travel Directive — which is still considered unnecessary in Germany — is to be to the Commission of the European Communities incorporated into national law by 1 January 1993 . (15 April 1992) However, major problems have arisen in Germany and (92/C 202/ 129) elsewhere in connection with the acquisition of insolvency cover, since a standard insurance scheme would place small and medium-sized businesses at a great Subject: European Community expenditure on health disadvantage and an insurance fund with compulsory membership would be questionable in relation to Can the Commission indicate expenditure by the twelve legislation on cartels . Member States on their national health systems in 1990 — 1991 (or, if no reliable figures are available for this The situation is similar in other Member States , for period , the previous year)? example Denmark and Ireland (insolvency cover must be linked to existing liability insurance). The United Kingdom and Ireland have a problem defining a tour organizer under Article 2 of the package travel Directive, in regard to their voluntary organizations . In Italy, Answer given by Mr Christophersen on behalf of the Commission tourism is the responsibility of the regional administrations and no corresponding national legislation (26 May 1992) exists . Does the Council plan to bring the package travel The following table shows social protection spending on Directive into force later than envisaged ? health in the twelve Member States for the years 1988 , 1989 and 1990 . Answer The field of social protection covered , the definitions of (8 July 1992) functions (sickness , invalidity . . .) etc . are contained in 'European system of integrated social protection statistics The package travel Directive 90/314/EEC ( x ) was finally (Esspros), Methodology — Part 1 — 1981 '. adopted by the Council on 13 June 1990 . That being the 10 . 8.92 Official Journal of the European Communities No C 202/63 case , it can be amended only on a proposal from the WRITTEN QUESTION No 994/92 Commission . by Mr Alexandras Alavanos (CG) As no amendment proposal has been referred to the to the Council of the European Communities Council, under the terms of the Directive it must be (15 April 1992) implemented by the Member States by 31 December 1992 (92 /C 202/ 132) at the latest.

The Council recognizes that to meet the requirements of Subject: Arbitrary action by Member State officials the Directive regarding the solvency of operators and retailers of packages may imply some increase in costs , I have received a complaint that, on 12 February 1992 , the but considered it important that consumers should be Greek authorities at Athens East airport refused to allow protected in an area where they are at present particularly a Chilean national , Maria Vega Santo Val, arriving on vulnerable . Iberia Flight No 3734 from Santiago de Chile , to enter the country to visit her sister who is married to a Greek o OJ No L 158 , 23 . 6 . 1990 , p. 59 . national . The Greek authorities, acting in an objectionably high-handed manner and without even allowing her to speak, literally bundled her back on to the aeroplane bound for Madrid on the grounds that she was an 'undesirable' illegal immigrant . Mrs Val, however, had all the documentation legally required for entry into WRITTEN QUESTION No 962/92 Greece as a visitor (passport, currency and return air ticket) and she did not require a visa or an invitation . Mrs by Mr Christos Papoutsis (S) Val's attempts through the Chilean Consul in Greece to to European Political Cooperation have her arbitrary classification as 'undesirable' retracted (15 April 1992) have been unsuccessful . (92/C 202/ 131 ) Is it possible for a third country national to be prohibited from entering Community territory without any official Subject: Turkish annexation of the occupied territories of reason being given in writing ? Cyprus What view does the Council take of such arbitrary action What steps do the Foreign Ministers meeting in EPC and violations of human rights by officials of a intend to take in response to the provocative action by the Community Member State ? self-styled 'State' proclaimed by Denktash which is , utterly illegally, going ahead with the full annexation of the occupied territories of Cyprus and the expropriation of the property of the Greek Cypriot refugees , issuing bogus certificates of ownership to the settlers ? Answer (8 July 1992)

Answer The general conditions of access by third-country nationals to the territory of the Member States fall within (10 July 1992) the competence of those Member States .

The Community and its Member States continue to follow developments in Cyprus with concern . They strongly support the efforts of the UN Secretary-General aimed at finding a just and viable solution to the Cyprus question, which will respect the sovereignty, independence, territorial integrity and unity of the WRITTEN QUESTION No 1001 /92 country in accordance with the relevant UN Resolutions and high level agreements . by Mr Victor Manuel Arbeloa Mum (S) to European Political Cooperation The Community and its Member States support Security (27 April 1992) Council Resolution 750/92 , and welcome the (92/C 202/ 133) forthcoming proximity talks between the communities in Cyprus, to be chaired by the UN Secretary- General in New York from 18 June 1992 . They continue to urge all Subject: Death sentences in Pakistan concerned to cooperate fully with the Secretary-General and his representatives to resolve outstanding issues . Can the Ministers meeting in European Political Cooperation protest to the Government of Pakistan at the death sentences imposed by the Special Courts for Speedy No C 202/64 Official Journal of the European Communities 10 . 8 . 92

Trials following trials which barely last three days ? Can being arrested in December 1990 and held they question the very existence of such courts, which do incommunicado in Nouakchott ? Can they also inquire not comply with internationally recognized standards of into the situation of hundreds of political prisoners who impartiality ? have not been released and about whose fate nothing is known ?

Answer (10 July 1992) Answer (10 July 1992) The European Community and its Member States are concerned to ensure that in countries where the death The Community and its Member States continue to penalty still exists , the rights of those facing the death follow closely the situation of human rights in penalty should be safeguarded in line with legal Mauritania . Reports on human rights violations refer guarantees laid down in the International Covenant on mainly to the period that followed the alleged coup Civil and Political Rights and other international attempt in November 1990 , during which about 300 instruments . people died as a result of those violations . One Sow Abou Mamadou is reported to be among those whom During the 44th General Assembly in 1989 , the eyewitnesses say died in detention , but is not yet clear Community and its Member States supported the whether this is the same man as the one mentioned in the adoption of a second optional protocol to the Honourable Member's question . International Covenant on Civil and Political Rights providing an international mechanism for the abolition of Following the general amnesty granted in March 1991 the death penalty . The optional nature of the second there is no evidence , however, of political prisoners still protocol means that its impact depends upon the political being held in detention . It should be underlined that will of states parties to the covenant to decide upon important progress has been made in the human rights ratification or accession . field as a result of the democratization process launched by the Mauritanian authorities . This process has also been The Community and its Member States encourage all accompanied by the improvement of inter-ethnic States who have not yet done so, including Pakistan , to relations, the source of many of the human rights accede to the International Covenant on Civil and violations since 1989 . Furthermore , it might be expected Political Rights and other relevant international human that the victims of the events of 1990/91 receive an rights treaties . indemnity.

In the wider context of human rights , the Pakistani The Mauritanian authorities are fully aware of the authorities are well aware of the importance that the importance which the Community and its Member States Community and its Member States attach to the attach to respect for human rights . The Community and scrupulous respect for human rights as set out in the its Member States have repeatedly stressed that the Declaration on Human Rights adopted by the protection of human rights is the legitimate concern of the Luxembourg European Council in June 1991 , and the world community and of States individually and that resolution and the Regulation adopted by the respect for human rights will continue to be an important Development Council on human rights , democracy and element in their relations with third countries . development on 28 November 1991 .

WRITTEN QUESTION No 1002/92 WRITTEN QUESTION No 1004/92 by Mr Victor Manuel Arbeloa Muru (S) by Mr Victor Manuel Arbeloa Muru (S) to European Political Cooperation to European Political Cooperation (27April 1992) (27April 1992) (92/C 202/ 134) (92/C 202 / 135)

Subject: Missing persons in Mauritania Subject: Prisoners of conscience in Tibet

Can the Ministers meeting in European Political The Amnesty International report of January 1992 refers Cooperation inquire into the fate of Sow Abou Mahadou , to dozens of prisoners of conscience detained in the a 33-year-old sailor from Djeol in the south of Autonomous Region of Tibet and states that the Chinese Mauritania, who 'disappeared' some months ago after authorities have made no response whatever to Amnesty's 10 . 8.92 Official Journal of the European Communities No C 202/65 appeals concerning human rights violations in the region . The London communique commits the five countnes to How has the Chinese Government responded to the avoiding arms transfers which would be likely to : Community's recent statements on this issue ? — prolong or aggravate an existing armed conflict; — increase tension in a region or contribute to regional instability; Answer (13 July 1992) — introduce or maintain destabilizing military capabilities in a region; The Community and its Member States remain concerned — contravene embargoes to which they are parties ; over the human rights situation in Tibet . and to confine supplies of arms to the minimum legitimate The Chinese authorities are well aware of the importance defence and security needs of the recipient State . that the Community and its Member States attach to the scrupulous respect for human rights as set out in the A annual register of arms transfers was also planned . Declaration on Human Rights adopted by the Luxembourg European Council in June 1991 , and the Unfortunately, the 'lines of conduct' do not include any resolution and the Regulation adopted by the clause or mechanism providing for enforcement or Development Council on human rights, democracy and verification . The massive sale of arms to countries which development on 28 November 1991 . are short of essential educational and medical facilities has resumed according to the old priorities . . . During the 48th Session of the Commission on Human Rights in Geneva on 27 January — 6 March 1992 the Community and its Member States engaged themselves What does the Council think of the hypocrisy which the on an initiative to promote a draft resolution on Tibet. European members of the five and their less prominent The scope of the draft resolution was eventually widened European associated are helping to perpetuate in this to become a draft on China/Tibet, thus opening the way sphere ? for a co-sponsorship by practically all Western group members . Despite the negative result in the voting , where a no-action motion presented by Pakistan was adopted , the effort underlined the consistent approach of the Answer ( ) Community and its Member States to human rights (13 July 1992) violations worldwide .

The response by the Chinese authorities in the field of The concern of the Community and its Member States human rights issues has so far been unsatisfactory. about the stockpiling of conventional weapons out of all proportion to the legitimate needs of self-defence The Community and its Member States will continue to according to Article 5 1 of the UN Charter, particularly in monitor developments in Tibet . certain regions of the world, is amply illustrated by the Declaration on Non-proliferation and Arms Exports adopted at the highest level by the European Council of 28 /29 June 1991 .

On that occasion , Heads of State and Government expressed their belief in the need for immediate and WRITTEN QUESTION No 1093/92 far-reaching international action to promote restraint and by Mr Ernest Glinne (S) transparency in the transfer of conventional weapons and to the Council of the European Communities of technologies for military use, in particular towards (30 April 1992) regions of tension . (92/C 202/ 136) The Honourable Member is doubtless aware that the European Council expressed its satisfaction with the work Subject: Renewed exports of arms to areas of conflict in in progress within the framework of European Political the Third World Cooperation , which had already resulted in a comparison of national policies on arms exports and had identified a On 29 May 1991 President Bush announced an initiative number of common criteria on which these policies were to control arms intended for the Middle East. Other based . These criteria should enable the Member States of leaders at the highest levels declared their opposition to the Community to define a common approach to arms the proliferation of exports of conventional and other transfers . arms to areas of existing or potential conflict. The five permanent members of the UN Security Council met in The Community and its Member States attach particular Paris on 8 /9 July 1991 and then in London on 17 / 18 importance in the framework of their internal October 1991 to draw up 'lines of conduct' on the matter. consultations and within the competent international fora No C 202/66 Official Journal of the European Communities 10 . 8 . 92 to transparency in conventional arms transfers . In this head teachers of Greek origin to four of the primary respect, they were pleased that the 46th General Assembly schools . The Turkish authorities have entrusted the of the United Nations adopted with an overwhelming running of the 10 remaining schools to Turkish deputy majority a revised draft resolution tabled by EC Member head teachers after removing head teachers of Greek States and Japan on transparency in armaments, which origin either by dismissing them or forcing them to resign provides for the establishing of a UN Register of — a tactic also used in respect of various other teachers of conventional arms . Greek origin .

EC Member States see this resolution as a significant step It should also be pointed out that this unacceptable to improve confidence-building and security among situation reflects the Turkish authorities' whole approach States by aiming at achieving restraint and transparency in to the Greek minority, whereas all the head teachers of the transfers of conventional weapons . While the Register the Muslim schools in Thrace (there are over 150 such will initially comprise data on international arms schools) are Muslim . transfers , a report is being prepared by a panel of governmental experts nominated by the Secretary­ General on the modalities for early expansion of the scope The Turkish authorities's refusal to appoint head teachers of the Register by the addition of further categories of of Greek origin proposed by the school boards and their equipment and inclusion of data on military holdings and slowness appointing their own hand-picked nominees is procurement through national production . This report also a provocation . will be presented to the 47th session of the General Assembly for any further decision-making . Lastly, the few Greek books authorized by the Turkish Education Ministry are battered and out-of-date . What The Community and its Member States welcome the specific representations do the Foreign Ministers meeting adoption by the five permanent members of the UN in EPC intend to make to the Turkish authorities to lift Security Council of guidelines on arms transfers as a these restrictions and enhance the educational status of valuable contribution to international efforts to promote the Greek minority in Istanbul as provided for in the restraint in arms transfers , particularly to regions of Treaty of Lausanne ? tension .

The Community and its Member States will continuously call on all States to support all these initiatives which aim to prevent the uncontrolled spread of weapons and military technologies . Answer (13 July 1992) (') This reply has been provided by the Foreign Ministers meeting in political cooperation , within whose province the question came . The Community and its Member States are aware of reports about educational problems experienced by the Greek minority in Istanbul , whose numbers have declined significantly . The Turkish authorities are well aware of the importance which the Community and its Member States attach to the rule of law and to strict respect for the undertakings to which Turkey has subscribed by her WRITTEN QUESTION No 1105/92 adherence to the Lausanne Treaty and to international conventions on human rights, including the rights of by Mr Filippos Pierros (PPE) minorities , as it is provided for in the Charter of Paris , the to European Political Cooperation Document of the Copenhagen meeting of the CSCE, the (11 May 1992) Document of the Geneva meeting on national minorities and the Document of the Moscow meeting of the CSCE . (92/C 202 / 137) The Declaration on Human Rights adopted by the Luxembourg European Council in 1991 stated categorically that 'respecting, promoting and Subject : Educational problems experienced by the Greek safeguarding human rights is an essential part of minority in Istanbul international relations as well as of relations between the Community and its Member States and other countries'. There are now only 1 1 primary schools , with 200 pupils , The Community will continue to monitor the situation and four secondary schools , with 190 pupils, for Greeks closely in the light of the Turkish Government's in Istanbul and they are facing serious problems owing to commitment to improve the human rights situation in the the shortage mainly of teachers but also of pupils . country.

The Turkish State has appointed only one head teacher of Greek origin to one of the secondary schools and four 10 . 8.92 Official Journal of the European Communities No C 202/67

WRITTEN QUESTION No 1123/92 with changes in draft legislation that has been made by Mr Victor Manuel Arbeloa Muru (S) and have been agreed by Council working parties , Coreper, etc. ? to the Council of the European Communities (11 May 1992) (92/C 202/ 138) Answer Subject : International convention on racism (7July 1992)

Can the Council of Ministers try to ensure in some way that all the Member States sign the 1965 International Mandatory consultation of the European Parliament Convention on the elimination of all forms of racial means that the Council must receive the latter's opinion discrimination ? before it can adopt, as appropriate, a final act or common position .

However, the Honourable Member's attention is drawn Answer to the fact that it would disrupt and considerably slow down the legislative process if the Council's subordinate (8 July 1992) bodies were obliged to await the opinions of the European Parliament before their own discussions on In their resolution of 29 May 1990 on the fight against Commission proposals could even commence . racism and xenophobia (*), the Council and the Representatives of the Governments of the Member These discussions can result in a provisional position States , meeting within the Council , called upon the subject to the opinion of the European Parliament, it Member States to adopt such legislative or institutional being understood that this provisional position must be measures as they considered appropriate in order to reviewed and may de called into question in the light of counter acts inspired by racism and xenophobia , paying the European Parliament's opinion . particular attention to ratification, by those Member States which had not yet done so , of international instruments contributing to the fight against all forms of racial discrimination .

(') See points 2 and 3 in OJ No C 157 , 27 . 6 . 1990 , p. 1 . WRITTEN QUESTION No 1159/92 by Mr Dimitrios Nianias (RDE) to European Political Cooperation (15 May 1992) WRITTEN QUESTION No 1156/92 (92 /C 202/ 140) by Lord O'Hagan (ED) to the Council of the European Communities Subject : Respect for human rights of Greek minority by (15 May 1992) the Turkish Government (92/C 202/ 139) In Greece the Muslim minority enjoys full rights and is even represented in the Greek Parliament by two Muslim Subject: Alterations to draft legislation MPs, who have never ceased to criticize the Greek State and Government both inside and outside Greece without The Council knows that the European Parliament hindrance . In Turkey, however, the freedoms of the frequently discusses and amends draft legislation from Greek minority are being flouted . In 1923 , when the the Commission which has already been altered by the Treaty of Lausanne was signed , they numbered 110 000 . Council . Now, however, their numbers have been reduced to less than 3 000 . This is the result of the continuous and 1 . Is this deliberate ? flagrant violation of their human rights and the violent persecution of the Greeks of Istanbul , Imvros and 2 . Is it legal ? Tenedos by the Turkish Government, as recorded in the 3 . Is the Council confident that the Parliament is kept recent report by the international human rights fully aware of changes in legislation which have organization , Helsinki Watch . already been agreed in Coreper ? Given the Community's concern for human rights , which 4 . What proposals will the Council now make to ensure it has repeatedly expressed to the Turkish authorities , that the European Parliament is kept fully up to date how will EPC use its influence to ensure that the Turkish No C 202/68 Official Journal of the European Communities 10 . 8.92

Government complies with its obligations under undertakings to which Turkey has subscribed by her international law and the conventions to which it is a adherence to the Lausanne Treaty, especially Article 14, signatory ? and to international conventions on human rights , including the rights of minorities, as it is provided for in the Charter of Paris, the Document of the Copenhagen Answer meeting of the CSCE, the Document of the Geneva meeting on national minorities and the Document of the (13 July 1992) Moscow meeting of the CSCE. The Declaration on Human Rights adopted by the Luxembourg European The Community and its Member States are aware of the Council in 1991 stated categorically that 'respecting, recent Helsinki Watch report on the situation of the promoting and safeguarding human rights is an essential Greek minority communities in Istanbul and on the part of international relations as well as of relations islands of Imbros and Tenedos . The issue has been the between the Community and its Member States and other subject of discussion in the House on numerous previous countries'. The Community will continue to monitor the occasions . The Turkish authorities are well aware of the situation closely in the light of the Turkish Government's importance which the Community and its Member States commitment to improve the human rights situation in the attach to the rule of law and to strict respect for the country .