Subject: The staffing in the Commission of the European Communities Can the Commission say: 1. how many temporary officials are working at the Commission? 2. who they are and what criteria were used in selecting them? 3. how many successful candidates from competitions are on reserve lists? 4. why, if there are long reserve lists of young people waiting to be offered jobs, so many vacancies are filled with staff on temporary contracts? 5. why the candidates on reserve lists are not used as temporary staff? 6. what it thinks about the preponderance of Belgian staff in all categories, compared with other nationalities? Answer given by Mr Cardoso e Cunha on behalf of the Commission (22 September 1992) 1 and 2. The Commission will send tables showing the number of temporary staff working for the Commission directly to the Honourable Member and to Parliament's Secretariat. Eligibility criteria for temporary staff are based on the same qualifications as are required of established officials of the same grade and on experience commensurate with the duties the temporary employee will be required to perform. Knowledge and qualifications are assessed on the basis of the qualifications which the applicant submits but also by tests, generally oral ones. 3. On 15 January 1992, the reserve lists for the recruitment of established officials included: — 397 names in category A; — 102 names in category LA; — 196 names in category B; — 511 names in category C; — 112 names in category D. These figures must be assessed in the light of: — the fact that the reserve lists from the most recent competitive examinations are only just beginning to be put to use; — the obligation under the Staff Regulations to recruit from reserve lists containing, wherever possible, a number of successful candidates at least double the number of posts to be filled; — the normal replacement of officials who leave the Commission every year (retirement, resignation, etc.) ; — the need to ensure the broadest possible geographic representation. 4. The recruitment of persons who have been successful in competitive examinations is not held up by the presence of temporary staff, for temporary staff only rarely occupy permanent posts. The great majority of temporary staff occupy temporary posts which cannot be used to recruit permanent officials. Temporary staff are essential for carrying out tasks which are by their nature of limited duration or which require a degree of technical specialization which does not exist among permanent officials, who are — and must continue to be — occupied with more general tasks. 5. Persons who have passed competitive examinations and are on reserve lists may be recruited only for posts in the establishment plan approved by the budgetary authority. The Commission has obtained only a limited number of posts, insufficient to meet its most urgent operational needs. It was therefore impossible to consider using some of the posts to set up the proposed reserve of employees. However, the Commission, as part of its new recruitment policy, is considering the idea of introducing a group annual recruitment of category A officials commensurate with the foreseeable needs for the year in question. 6. The Commission is aware of the geographical imbalance in some staff categories. It is working with the Member States on a variety of operations to promote recruitment of underrepresented nationalities. By the same token, the new guidelines for the recruitment of category A officials which the Commission adopted in June 1991 envisage greater attention being paid to the question of improving the geographical mix. Subject: Supplies of military equipment to Iraq Reports in `The Times' of 27 September 1991 and `The Sunday Times' of 28 September 1991 reveal that the 44 United Nations inspectors have identified a number of eastern European companies (and their subsidiaries) which have supplied Iraq with excessive quantities of sophisticated military equipment and, in particular, nuclear technology. Hundreds of `blind' and self-interested companies throughout the world are involved, many of which are French, British and German, for example H. und H. Metalform of Dreusteinfurt, Matrix-Churchill of Coventry and Hawker Siddeley. As has been reported, the United Nations inspectors were hampered in their work by the Iraqi authorities as soon as they commenced examination of documents from the Iraqi Atomic Energy Commission which had not yet `disappeared' and only some of which were sent in photography and video form to the International Atomic Energy Agency in Vienna. Can the Council give a complete list of the companies accused of involvement in each of the Member States, indicating the nature of the services they supplied and the way in which they infringed or evaded national laws applying in the Community? It is clear that such laws were inadequate and unsystematically implemented while the consignments to Iraq were taking place; Iraq was already suspect, despite having signed the Nuclear Non-Proliferation Treaty 20 years ago, and is now 18 months away from joining the `nuclear club' of powers possessing this arm of mass destruction, together with launchers, rockets or giant howitzers. How was it possible for those laws which were reasonably effective to be flouted and evaded? What legal proceedings will now by initiated against the offenders? Answer ( 1 ) (1 December 1992) I can assure the Honourable Member that the Community and its Member States fully share his concern regarding Iraq's non-compliance with its international obligations, namely in the field of nuclear non-proliferation.. They played a decisive role in the international efforts which permitted to uncover and render harmless Iraq's weapons of mass destruction as mandated by Security Council Resolution 687. Despite persistent Iraqi deception and obstruction, the inspection missions have exposed incontrovertible evidence that Iraq had a complex and comprehensive nuclear weapons development programme. The IAEA has destroyed key components of that programme. But further questions are still outstanding. Therefore, the Community and its Member States believe it is essential that the international community maintain concerted pressure on Iraq to comply with all relevant UN Resolutions, so that Iraq is never again able to threaten its neighbours. The other points referred to by the Honourable Member do not fall within EPC competence. Subject: Commission plans to liberalize the postal sector and to abolish the State monopoly Having regard to the Commission's intention to issue a Green Paper on the postal sector in the Community; Referring to the comments made by Commissioner Sir Leon Brittan, and reported in the press, that he was firmly convinced that the State monopoly in the postal sector needed to be abolished or the sector totally liberalized; Bearing in mind the economic and social significance of this sector for the Member States of the Community; Whereas the total liberalization of this sector would have an impact on its 1,3 million employees and the range of postal services available in the remote and `economically less viable' regions of the Community, 1. Will the Commission inform us when its Green Paper on the postal sector will be ready and be forwarded to the European Parliament for its opinion? 2. Can the Commission confirm that Sir Leon Brittan's remarks about abolishing the State monopoly in the postal sector or totally liberalizing it are identical with the substance of the Green Paper? 3. Will the Commission state whether it intends to take measures affecting the postal sector before the European Parliament has delivered its opinion? 4. Has the Commission consulted the trade unions and the consumers organizations about the planned measures? 5. Does the Commission share the views of the trade unions and the consumer organizations that the abolition of the State monopoly and the privatization of this sector would seriously affect its employees and the range of postal services available in remote and `less-profitable' regions? Answer given by Sir Leon Brittan on behalf of the Commission (7 October 1992) 1. The Green Paper on the creation of a single market for postal services was adopted by the Commission at its meeting of 13 May 1992. When it is published, it will be transmitted to Parliament, whose members will be invited to make known their views during the course of the public consultation period provided for in the Green Paper. 2. The Green Paper envisages a situation in which the universal service will be defined and safeguarded, assuring postal users of a good quality service which is accessible and affordable to all. To ensure the viability of the network needed to provide the universal service, it allows for the granting of special and exclusive rights to the providers of the universal service (i.e. the national postal administrations). However, the scope of these reserved services would have to be strictly proportional to the need to maintain a universal service. Once the provision of the universal service is guaranteed through the establishment of the reserved area, all other services not falling within the reserved area will be provided in free competition, pursuant to the general rule on the freedom to provide services. These objectives and the public declarations of Sir Leon Brittan, especially on the occasion of the World Express Freight and Distribution Conference in Amsterdam on 4 June 1991, are in accordance with EEC Treaty rules, in particular Articles 59, 86 and 90 ( 1 ) . 3. The Commission's adoption of the Green Paper marked the beginning of a period of consultation with all interested parties. Following these consultations, the Commission will decide what measures are necessary on the basis of the information received. In particular, it is not planning to exercise the powers available to it under Article 90 (3) to adopt general binding measures in the postal sector without holding proper, detailed discussions beforehand with all those concerned. However, the foregoing observations are entirely without prejudice to the Commission's duty to adopt, where necessary, decisions implementing Articles 85, 86, 90 ( 1 ) and 92 of the EEC Treaty. Moreover, as guardian of the Treaty, the Commission ensures compliance with existing Community rules on the free movement of services (Article 59 et seq.), particularly as regards services falling outside the reserved area. 4. Before the adoption of the Green Paper, preliminary contacts took place with a number of trade-union and consumer organizations through the Postal, Telegraph and Telephone International (PTTI), Eurofedop, the BEUC and the Consumers Consultative Committee (CCC), among others. These bodies, as well as others also considered to be representative in various fields linked with the postal sector, will be invited to give their formal opinions on the Green Paper during the public consultation procedure following its publication. 5. As indicated at 2, the options set out in the Green Paper have as their principal aim to guarantee a good quality universal service which is accessible and affordable to all (including residents of remote regions or areas where the standard of the postal service, as currently provided by the postal authorities, is poor). To achieve this, it is anticipated that Member States will wish to continue granting exclusive rights to their postal administrations in respect of a reserved area. Moreover, these postal administrations are expected to continue to be active participants in the non-reserved areas. None the less, the consequences which any proposed changes in the organization of the postal service might have on those employed in the sector is of considerable importance and is one of the areas which will be further evaluated during the public consultation period following publication of the Green Paper. Subject: New industries in Attika The Greek Government is drawing up a draft presidential decree on the establishment of new industries in Attika overlooking the fact that more than 3 500 industries are already operating and polluting the region of Athens and the Thriasian Plain. Does the Commission intend to advise the responsible bodies in Greece on the application of technologies in these new industrial units so that they do not pollute the environment? Answer given by Mr Van Miert on behalf of the Commission (23 September 1992) Under current Community law, the case referred to by the Honourable Member must be examined with reference to Directives 84/360/EEC (industrial installations), 85/ 337/EEC (impact assessment), 80/779/EEC, 82/884/ EEC and 85/203/EEC (air quality). The Commission intends to contact the Greek authorities to find out what measures have been taken or are planned in accordance with these Directives. Particular attention will be given to the problem of air pollution and the foreseeable impact of new installations on concentrations of SO2 , dust, Pb and NO2 . Subject: Citizen's rights under Community law What provision is made by the Commission and Member States to meet the needs for information, advice and representation on citizens' rights under Community law? Answer given by Mr Dondelinger on behalf of the Commission (18 September 1992) The Commission welcomes the interest of the Honourable Member regarding the provision of full information to European citizens on their rights under Community law. As far as the legal framework of this information is concerned the Commission would refer to its answer to the Honourable Member's Written Question No 2733/91 ( 1 ) . The Commission is doing a great deal to inform citizens of their rights under Community law; for example, the creation in 1988 of the Euro-Jus network. This network consists of 12 legal experts (one in each Member State) to whom citizens can put questions, either by phone, letter or directly, concerning Community law (such as free movement of persons, social security, right of establishment, etc. . .), its application to and its consequences for their everyday lives. When necessary they can also advise people on how to lodge a complaint with the Commission and explain the procedure when introducing a petition to the European Parliament. Euro-Jus is the most direct way of informing citizens, but it is not the only way. The Commission has launched a number of programmes and action plans such as: the People's Europe information handbook and the Symbiosis network. The Commission has also published a series of guides on social security rights for workers who move within the Community. Since the beginning of the year the Symbiosis network has entered its concrete phase. A number of consultative meetings have taken place in several Member States with the representatives of the territorial authorities (the network counts over a thousand members at present), which constitutes one of the information relays closest to the citizens and to their everyday life. The number of debates taking place in certain Member States concerning the ratification of the Maastricht Treaty, clearly illustrates the necessity to supply citizens with simple precise information, especially when related to European citizenship and to a People's Europe. Full information on European citizenship should on the one hand encourage European citizens to use their right to vote, to free movement and to diplomatic protection and, on the other hand, to try to answer questions which some people may have in relation to voting rights in local elections and to the free movement of persons. Subject: The Schengen Agreements The Schengen Agreements are soon to be ratified in Portugal. Basically they concern questions such as individual freedoms, immigration, drugs, right of asylum, terrorism, exchange of information between police forces and access to confidential data. Many of these questions will doubtless be incorporated into the Treaties (following the Maastricht Summit). What precise areas of competence are given to the police and what does the `Schengen Information System' consist of? What answer was given or will be given to the objections of refugees and third-country workers and their representative organizations? Answer given by Mr Bangemann on behalf of the Commission (6 October 1992) The Convention applying the Schengen Agreement of 14 June 1985 establishes cooperation between police authorities in general and lays down the arrangements for cross-border monitoring and pursuit in particular. Under the Schengen Information System (SIS), which features an automated search procedure, the authorities designed by the contracting authorities can access reports on individuals and objects for the purpose of frontier checks and controls and other police and customs checks carried out within the country in accordance with national law and, solely in the case of reports, for the purposes of issuing visas and residence permits and the administration of aliens in the context of the application of the provisions of the Convention relating to the movement of individuals. A fair number of other provisions are concerned with the protection of personal data and data security under the SIS. For further information on these two matters, the Honourable Member is referred to the text of the Convention addressed by the Schengen Group to the Committee on Civil Liberties and Internal Affairs, and in particular Articles 39 to 47 and 92 to 118. The Honourable Member will be able to address questions to the Presidency of the Schengen Group when it reports to the Committee. Since the question does not give details of the objections made by the refugees and third-country workers concerned, the Commission is unable to give an appropriate answer. Subject: Reinforcing the Community Cohesion Fund The new European Community Cohesion Fund is expected to enter into force in 1993 to provide funding for the poorer Member States of the European Community. Given the problems facing these Member States, for example Greece, what steps will the Commission take under the `Second Delors Package' to strengthen the new Community Cohesion Fund and how will the funds be allocated between the Member States concerned? Answer given by Mr Christophersen on behalf of the Commission (7 August 1992) The Commission has proposed that the Community's finances for the period 1992—1997 should envisage a substantial increase in the allocation for the Structural Funds. The proposals envisage that the Structural Fund resources allocated to Objective 1 in 1992 would be increased by two thirds over five years to around Ecu 18 400 million in 1997. As regards the Cohesion Fund, the Commission has as yet only decided on a proposal for an overall financial allocation of some Ecu 10 billion for the 1993—1997 period, which could commence in 1993 with an initial allocation of Ecu 1 500 million, gradually reaching Ecu 2 500 million in 1997. In any event, no indicative breakdown has as yet been proposed for the Member States concerned, nor have the appropriations been allocated between the environment and transport. The Objective 1 regions of the four countries covered by the Cohesion Fund (Spain, Greece, Ireland and Portugal) could therefore benefit from a total increase in available resources of up to 100 % in 1997. Subject: Public procurement In view of the fact that the advertising of public works threshold was increased to £ 3 million (July 1989) a relatively short time after the Torfaen contracts were commenced (approximate value £ 1,5 million each in June 1989) would the Commission agree that the value of the contracts is not financially material? Subject: Public procurement If the Commission has decided it will not pursue Torfaen Borough Council for infraction of European laws, then how can the Commission justify withholding the ERDF grant? Subject: Public procurement The alleged non-compliance by Torfaen Borough Council to advertise in the Official Journal of the European Communities would constitute this Council's `first offence' . Can the Commission state that the advertisement regulations have not been `relaxed' for any other local authority and that no precedent has been set where non-advertisement has not meant a loss of ERDF grant aid? Joint answer to Written Questions Nos 806/92, 807/92 and 808/92given by Mr Bangemann on behalf of the Commission (4 September 1992) Council Directive 89/440/EEC ( 1 ) of 18 July 1989 amending Directive 71/305/EEC concerning the coordination of procedures for the award of public works contracts lays down that Member States bring into force the measures necessary to comply with the Directive not later than 18 July 1990. This Directive applies to public works contracts whose estimated value net of VAT is not less than Ecu 5 million (£ 3 535 775). Council Directive 71/305/EEC ( 2 ) of 26 July 1971 concerning the coordination of procedures for the award of public works contracts applied to the Torfaen contracts to which the Honourable Member refers. This applies to public works contracts whose estimated value is not less than Ecu 1 million (the sterling equivalent of this sum in 1989 was £ 710 192). The value of the contract at Pontnewynydd was £ 1,8 million and the value of the contract at Griffithstown was £ 1,77 million and therefore both exceed the value of Ecu 1 million. The fact that Directive 89/440/EEC increased this value in July 1990 is immaterial. The Commission examined the compliance by the Borough of Torfaen with its obligations under Article 12 of Council Directive 71/305/EEC relating to the Common Advertising Rules for the award of public contracts in the award of the contracts for the two projects at Pontnewynydd and Griffithstown. At the request of the Commission the United Kingdom Government provided its observations and admitted that the Borough Council might have done more than it did to check that the two notices had been received and published in the Official Journal of the European Communities. It has issued guidance to contracting authorities that they should maintain records of all contracts notices sent to the Office for Official Publications of the European Communities. An appropriate official should in each case record with the details of the procurement to which the notice relates, the date of dispatch (whether by post, fax or telex) and sign and date the entry. A certificate of posting is to be obtained where relevant. Contracting authorities are also advised to monitor acknowledgement of receipt of notices about any notices which have been dispatched but not acknowledged. In the light of the dispatch of such guidance the Commission decided not to open infringement proceedings against the United Kingdom, and also lifted its objection in principle to having these projects approved for ERDF grant by the Monitoring Committee under the Industrial South Wales Integrated Development Operational Programme. The Commission confirms that, according to the information which it has, the only infringements of Torfaen Borough Council are the procedures followed to award the contracts at Pontnewynydd and Griffithstown and that, apart from these cases, Torfaen Borough Council has not failed to observe the Community Directives on public works contracts. The Commission also confirms that it will commence infringement proceedings where it receives information indicating that any authority, central or local, of any Member State fails to observe the Common Advertising Rules of the Community Directives on public procurement, and whether or not the contract award procedure relates to a project which is the subject of an application for aid from the European Regional Development Fund. If the Honourable Member knows of any cases where this approach has not been followed he is requested to inform the Commission thereof so that they may be examined. Subject: Social partners The Commission already consults UNICE. 1. What difference will the ratification of the draft Treaty of Union make to day-to-day work and status of UNICE? 2. To what extent do the constituent members of UNICE represent the employers' organization in each Member State? 3. To what extent can UNICE be said do be representing the employers' organization within the European Community? Subject: Social partners 1. In view of the legislative role to be granted to the social partners, are their internal decision-making procedures likely to fall within the competence of the European Court of Justice? 2. Since the social partners are not democratically representative or politically accountable, what scope in law would be provided for aggrieved parties who consider that their interests were not represented in the new legislative process to seek redress? 3. Will the new European Ombudsman oversee the legislative activities of the social partners? Subject: Social partners 1. In how many of the applicant States do the social partners legislate? 2. To what extent do the social partners legislate in the USA and Japan? Subject: Social partners 1. How far do the social partners legislate without parliament in each of the Member States? 2. How is such legislation enforced by the courts? 3. Does such legislation necessitate an agreement by the government? If so, can the government amend this legislation? 4. How far is such legislation considered to be binding in international law? Subject: Social partners In the Maastricht Treaty, there is a strengthened role for the social partners. 1. What percentage of the workforce in each Member State do the trade unions in the ETUC represent? 2. What percentage of the European Community workforce does the ETUC represent? Subject: Social partners 1. How many employees' and employers' organizations are not represented in the ETUC and UNICE? 2. How many voters are omitted from the social dialogue because they are not represented in UNICE or ETUC? Subject: Social partners By what percentage has trade union membership declined or increased: 1. in each Member State 2. in the European Community as a whole in each of the last ten years? Joint answer to Written Questions Nos 868/92, 870/92, 872/92, 874/92, 876/92, 878/92 and 880/92 (7 December 1992) 1. As stipulated in the social provisions of the EEC Treaty (Article 118), the Commission has the task of promoting close cooperation between Member States in the social field inter alia in matters relating to the right of association and collective bargaining between employers and workers. It is the Commission which, in accordance with Article 118b of the EEC Treaty, endeavours to develop the dialogue between management and labour at European level and which can probably provide information on the situation of the social partners in the Member States and in third countries. The Council for its part does not have any information on the functioning representativeness, running and powers of social partners' organizations in the Member States or at European level. 2. The eleven Member States which adopted an agreement among themselves, annexed to the Protocol on social policy signed at Maastricht, agreed on the following additional provisions in this area: — a Member State may entrust management and labour, at their joint request, with the implementation of certain Directives (Article 2 (4)); — before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction and the content of Community action (Article 3). — should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements (Article 4). Subject: Social partners In the Maastricht Treaty, there is a strengthened role for the social partners. 1. What percentage of the workforce in each Member State do the trade unions in the ETUC represent? 2. What percentage of the European Community workforce does the ETUC represent? Answer given by Mrs Papandreou on behalf of the Commission (5 October 1992) The Commission does not have the information requested. The representativeness of bodies representing the two sides of industry will be considered when the time comes to apply the consultation and negotiations procedures provided for in the Social Protocol to the Treaty of Maastricht. Subject: Asylum seekers The Ad Hoc Group on Immigration has set up a working party on data processing to develop an international databank containing information on undesirable asylum seekers. 1. What is the precise nature of the projected international data bank on undesirable aliens? Why was it decided to set up this body and who took the decision? What control systems are being set up? 2. What is the specific nature of the information entered in these data banks and what categories of undesirable aliens does it relate to? To what extent are links being established with the Schengen SIS system? 3. To what extent is data concerning undesirable aliens collected? What service is responsible for this? What methods does it use and what resources are available to it? Answer given by Mr Bangemann on behalf of the Commission (19 October 1992) The Commission is unaware that a data-processing working party of the Ad Hoc Group on Immigration is responsible for developing an international databank on undesirable asylum seekers. The draft Convention between the Member States on the crossing of the external frontiers provides for the drawing-up of a common list of individuals refused access to the territory of the Member States and stipulates that the data appearing on that list will be exchanged via computer. The Maastricht European Council requested the Coordinators Group on Free Movement of Persons to examine what the structure of the European Information System (EIS) should be and to establish in the first place whether the arrangements already existing between certain Member States may also apply to all of them. The Lisbon European Council requested that the work on drafting an instrument setting up the EIS be conducted in such a way as to allow the instrument to be signed during the second half of 1992, if possible. Work on both these matters is now in hand. Subject: Aid to the Community's synthetic fibre sector For years there has been a precarious balance between supply and demand in the Community's synthetic fibre sector. In 1977 the Commission introduced aid restrictions in order to avoid any increase in supply, and these are still in force. Does the Commission not consider, however, that it would be more effective to provide aid to improve competitiveness and modernize the sector instead of simply alleviating the social impact of reducing its capacity? Answer given by Sir Leon Brittan on behalf of the Commission (13 October 1992) As the Honourable Member States, the synthetic fibres industry has experienced structural overcapacity for many years. The rate of capacity utilization in the industry was around 80 % in 1990 and it fell to 77 % in 1991. The adoption in 1977 of a `code' for the industry ( 1 ) , which has constantly been updated and expanded, has helped to achieve some degree of stability in the balance between supply and demand by making aid granted by Member States to firms conditional on a reduction in production capacities. State aid covered by the `code' is given sympathetic consideration by the Commission only if it speeds up or facilitates `the process of switching the industry towards other activities or restructuring it, thus helping to reduce capacity in the synthetic fibres industry' . It could, then, be concluded that the `code' channels State aid in the direction of the improved competitiveness sought by the Honourable Member. Naturally, the Commission has a duty to take the same approach to aid granted by the Commission. Subject: European Business Week A convention on Community policy in respect of small and medium-sized undertakings, `European Business Week' was organized on 26 March 1992 by the Cagliari `Eurosportello' (Euro Info Centre II 35). The subject of the reports, the organizational details and the times of the meetings do not correspond to the information contained in the timetable issued by DG XXIII for `European Business Week' . In addition, the MEPs from Sardinia and the Sardinian Regional Council have been excluded. In effect, it would appear that the Community laudable initiative to launch a `European Business Week' is being distorted for electoral purposes. Is the Commission in fact contributing to the launching and organization of this initiative? Answer given by Mr Cardoso e Cunha on behalf of the Commission (9 October 1992) The Commission gave its full support to the `European Business Week' initiative. As part of the `Week' , each member of the different networks (Euro-Info-Centres, BC-Net, BRE) taking part in the initiative organized a series of events — conferences, workshops, seminars — on Community polices of particular interest to businesses in its region. The timetable was incorporated without change into the overall programme for the `Week' drawn up by DG XXIII and sent to all networks and to various interested parties, including Members of the European Parliament. The Commission, and DG XXIII in particular, left it to the members of the networks to decide how they would take part in the `Week' and to organize the events associated with it. They were all encouraged to reach a wide public by increasing awareness of the initiative not only among businesses but also among national, regional and local authorities. Subject: The arrest of bishops in Malawi What is the assessment of the Ministers meeting in Political Cooperation of the grave human rights situation in Malawi and the arrest of eight Catholic bishops for signing a pastoral letter expressing a peaceful protest against this state of affairs? Answer (7 December 1992) The Community and its Member States remain concerned over Malawi's record on human rights and political freedom. This concern was reflected in the decision taken together with other bilateral aid donors at the Consultative Group meeting in May to restrict all non-humanitarian aid to Malawi. They note the recent steps taken by Malawi to address these concerns, including the decision to allow the ICRC to visit Malawian prisons. Although the amendment of the Preservation of Public Security Act may bring an end to the practice of detention without trial, the Community and its Member States believe that recent events have shown that much progress is still required. The Community and its Member States will continue to make their views known to the authorities of Malawi as they did in the case of the intimidation of Catholic Bishops after which they received assurances that the Bishops would be in no danger and free to move about and to conduct Church services. Subject: Establishment of the Committee of the Regions Having regard to the agreement reached at Maastricht on the establishment of a Committee of the Regions (Article 198a, b and c). — to what extent was the Commission involved in the establishment of the above committee? — will the Commission make representations to the Council with a view to ensuring that the Committee of the Regions consists of elected representatives of each of the regions, thereby safeguarding the democratic credentials of this new body? — what action will the Commission take in order to ensure that the Committee of the Regions is independent of the Economic and Social Committee? Answer given by Mr Millan on behalf of the Commission (24 September 1992) In June 1991 the Commission sent the Intergovernmental Conference a paper on the establishment of the Committee of the Regions which clearly set out its view that the members of the Committee should hold elective office at regional or local level. However, Article 198a, as inserted by the Treaty of European Union, does not include this condition, but simply states that the members and alternate members of the Committee shall be proposed by the Member States and appointed by the Council. Under the Treaty on European Union, the Committee of the Regions is independent of the Economic and Social Committee. However, under a Protocol to the Treaty, the Economic and Social Committee and the Committee of the Regions are to have a common organizational structure. Subject: Definition of `dangerous substance' Is the Commission prepared to review Community regulations on dangerous substances, and the definition of `dangerous substance' ? Is the Commission also prepared to review the accident statistics in connection with these substances? Does the Commission not consider that some products covered by these regulations should in fact be outside their scope, as accident risks are extremely limited, and unnecessarily high costs are borne by shippers and transporters, especially as at present there is a need for stringent regulations on the registered transport of dangerous substances? Answer given by Mr Van Miert on behalf of the Commission (19 October 1992) Dangerous chemical substances or preparations are defined for the purposes of supply, handling and use in Directives 67/548/EEC ( 1 ) and 88/379/EEC ( 2 ) . According to these Directives, a dangerous substance or preparation is one which falls into one or more of the 15 categories of danger specified therein. The Council reconfirmed these definitions on 30 April 1992 in adopting Directive 92/32/EEC, which amended for the seventh time Directive 67/548/EEC. For the purposes of transport, dangerous substances are those classified as such in the well established international modal transport rules (RID, ADR, ADNR, IMDG etc.) drawn from the world-wide multi-modal United Nations Recommendations on the Transport of Dangerous Goods. These, too, classify substances on the basis of their potential hazard during transport into various danger classes. Eurostat does not collect data on accidents involving dangerous substances. One of the main objectives of the abovementioned Directives and international transport rules is to identify all the physico-chemical, toxicological and/or ecotoxicological properties of a chemical which may constitute a risk during normal handling, transport and use. Experience over the last 25 year with this Community legislation, as well as experience with transport rules, has shown that the label on a dangerous substance or preparation gives adequate warning to the transporter or user and draws attention to the measures necessary to protect him against the dangerous properties of these chemicals. The Commission is of the opinion that all of the chemicals classified as dangerous under these Directives and international transport rules constitute a risk to the worker, transporter or user and that the cost of appropriate protection is more than justified. Subject: Electricity production — action taken on Parliament's resolution on energy and the environment In its resolution A3-0125/91 ( 1 ) , Parliament called on the Commission to transform into a Directive the Council recommendation of 8 November 1988 on promoting cooperation between public utilities and auto-producers of electricity, and to draw it up with a view not only to removing legal obstacles but also to laying down fair contractual conditions for exchanges of electricity. What action does the Commission intend to take on this resolution, and how soon, in view of the fact that the situation varies greatly from one Member State to another and that, at least in areas near borders, there is likely to be considerable distortion of competition after 1 January 1993? Answer given by Mr Cardoso e Cunha on behalf of the Commission (4 September 1992) The Council recommendation of 8 November 1988 ( 1 ) concerns the auto-production of electricity from renewable energy sources, energy from waste and combined heat and power production (RWC). The proposal for a Council Directive on common rules for the internal market in electricity ( 2 ) concerns the production of RWC electricity in relation to aspects such as the liberalization of electricity generation and the construction of new lines. Access to the network will make it possible to expand outlets for a diversified range of industrial or domestic customers. It is also proposed that the transmission network should give priority to calling up this type of production not exceeding 25 MW, tghe output being purchased at a reasonable price. Once the new framework has been established, following adoption of the Directive on the completion of the internal market in electricity, the Commission will assess the merits of proposing specific measures relating to RWC electricity production. Subject: Take-up level of appropriations in Objective 1 regions In assessing the application of the reformed structural policy over the last three years, the Commission has noted an increase in the take-up rate of structural credits in Objective 1 regions. What is the take-up rate of structural credits in each of the areas in industrial decline in the Community? Answer given by Mr Millan on behalf of the Commission (3 September 1992) The information requested on the rate of absorption of structural funds in the areas with declining industries can be found in the Commission's communication `Community structural policies: Assessment and outlook' ( 1 ) (see Table 5, `Financial Execution of Objective 2' , annexed to Chapter II). This table is being sent directly to the Honourable Member and Parliament's Secretariat. Subject: The transport of bicycles on trains Although the Commission has eliminated customs formalities for bicycles in transit, there is a lack of true cooperation on the part of the European rail authorities. From May 1992, the charge for bicycles handed in at Italian railway stations will be six times the previous charge, despite more time-consuming formalities. Is the Commission aware of the situation? What action does the Commission propose to take in order to draw up common European tariffs and conditions of carriage? Answer given by Mr Van Miert on behalf of the Commission (17 September 1992) The Commission is aware that not all clients are satisfied with the services provided in international bicycle transport by rail. The provision of these service is the responsibility of the railways and the Member States. Recent regulatory acts on railways stipulate the commercial independence of railways as well as the principle that services in the interest of the public should be provided with the help of public service contracts. According to Article 5 of Council Directive 91/440/EEC ( 1 ) of 29 July 1991 on the development of the Community's railways, railway undertakings are free to `. . . control the supply and marketing of services and fix the pricing thereof . . .' . In addition, Article 1 of Council Regulation (EEC) No 1893/91 ( 2 ) of 20 June 1991 amending Regulation (EEC) No 1191/69 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway, stipulates: `In order to ensure adequate transport services which in particular take into account social and environmental factors and town and country planning, or with a view to offering particular fares to certain categories of passenger, the competent authorities of the Member States may conclude public service contracts with a transport undertaking.' The provisions, the application of which is the responsibility of the Member States, should ensure that the public interest is appropriately taken into account. Irrespective of the described situation, the Commission has commissioned a study to analyse problems in transport of bicycles as baggage in trains. The results of this study are currently being examined. In the light of this examination, further Community action could be justified. As regards the change to the situation on Italian railways, which is due to a reorganization of the services to reduce operation losses, the Commission has contacted the railways authorities to ask for more details of what is proposed. Subject: Transparency in allocation of ERDF Funds Can the Commission confirm reports that the ministries of the Federal German Länder forward to the Commission every year a list of individual projects undertaken as part of the ERDF programme, but that this list is not available to the public? If so, on what grounds is the public denied access to information on the use of public funds that has already been agreed on? Does the Commission intend to seek more transparency in this area and, if so, what possibilities does it see in this connection? Answer given by Mr Millan on behalf of the Commission (7 September 1992) 1. The Ministries of the German Länder responsible for the implementation of ERDF programmes do not submit an annual list of individual projects co-financed by ERDF. The Structural Fund Regulations do not require such project-related reporting within the annual progress reports. 2. The requirements for information and publicity in the context of Structural Fund interventions are laid down in Article 32 of Council Regulation (EEC) No 4253/88 ( 1 ) . Furthermore, specific provisions regarding the ERDF are set out in the communication to the Member States 91/C 6/03 ( 2 ) . Any questions relating to information and publicity, as well as other matters relating to the Structural Funds, can be considered as necessary when the Commission introduces its proposals for amendment of the Structural Fund Regulation. Subject: Investigation into two former Mayors of Milan suspected of accepting bribes 1. Is the Commission aware that the Italian Public Prosecutions Department has opened investigations into two former Mayors of Milan on suspicion of their having accepted bribes in return for the award of municipal construction contracts? 2. Is it also aware that more than a hundred entrepreneurs in Lombardy have stated that they were only able to obtain major contracts from the city authorities and city-run businesses by means of bribes? 3. As EC law applies to the award of supply and construction contracts above a certain scale, there are grounds for suspecting that not only national law but EC law has been broken in Italy, in that those non-Italian entrepreneurs who did not pay bribes were disadvantaged. To what extent does the Commission intend to apply the directive on strengthening measures to combat offences in the award of public contracts to this case? 4. Does the Commission intend to take use of the opportunities provided by this directive and investigate the compatibility with EC law of the way in which contracts have been awarded in Italy? 5. Does it take any steps at all to monitor the award of public contracts in the Member States to see whether bribery is involved? 6. Does it intend to investigate the Italian bribery affair as a special case? Answer given by Mr Bangemann on behalf of the Commission (4 September 1992) 1 and 2. The press has reported on investigations launched in Italy to determine personal responsibilities for offences against the Italian public administration. Since criminal offences are involved, these investigations are a matter exclusively for the Italian judiciary. 3 to 6. In so far as Community law is involved, the Commission monitors very closely events relating to public procurement as a whole in all Member States. It ensures that Member States comply with the rules applicable in this field, particularly those laid down in the Directives on the coordination of procedures for the award of public contracts. The aim of these Directives is to improve transparency and competitive tendering for public contracts so as to avoid discrimination at the time they are awarded resulting from, among other things, practices such as those mentioned by the Honourable Member. In this connection, the Commission would refer the Honourable Member to the answer which is gave to Written Question No 2976/90 by Mr Richard Simmonds ( 1 ) and would inform him that Directive 89/665/EEC of 21 December 1991 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts ( 2 ) has been in force in the Member States since 21 December 1991. This Directive increases the scope for checking whether the behaviour of contracting authorities is lawful. Moreover, if matters relating to the application of Community law are brought to the attention of the Commission as a result of the current criminal proceedings, it will not hesitate to initiate proceedings under Article 169 of the EEC Treaty. Subject: Violation of human rights at the Tcholliré camp in Cameroon On 9 April 1992 Amnesty International reported that, since December 1991, 70 prisoners at the Tcholliré prison camp had died of probably deliberate malnutrition and medical neglect. Quote: `Each cell (with approximately 10 inmates) is provided with totally inadequate quantities of drinking water in a bucket which the occupants must also use as a toilet' . Most of the victims had been condemned to death; some had appealed. Under Cameroon legislation, an inquiry must be held if a prisoner who is being held in solitary confinement dies; apparently, no such inquiry has so far been instituted. Previously, too — in May 1989 and September 1991 — Amnesty International had expressed its concern about the poor treatment of prisoners in Cameroon and the number of deaths in its prisons. 1. Is EPC aware of this report? 2. Has it been able to determine the reliability of Amnesty International's report of 9 April 1992? 3. If the reports are true, what steps is it considering with a view to helping to improve the situation of prisoners in Cameroon? Answer (7 December 1992) The Community and its Member States have taken note of the reports of Amnesty International of 9 April and August as well as on the research carried out by the National Commission for Human Rights and Freedoms in May 1992 concerning the harsh conditions at the Tcholliré prison camp in Cameroon, where some prisoners have died in the past. They share the concern expressed by the Honourable Member about violations of human rights in Cameroon. The Community and its Member States will continue to monitor developments in this respect closely. Subject: Pension savings deposits of public servants and net government debt 1. Does the Algemeen Burgerlijk Pensioenfond (ABP) (Dutch Public Servants Superannuation Fund) fall within the definition of `general government' as used in the Protocol on the Excessive Deficit Procedure annexed to the Treaty on European Union? 2. If so, should the Netherlands government debt be balanced against the ABP's savings deposits? 3. If not, does it believe that the government debts of Member States which use an unfunded system for pension payments to their public servants are in any way comparable to the government debts of Member States which use an accumulated contributions system? 4. How does it believe that the differences between the systems for paying public service pensions should be reflected in assessment of Member States' success in achieving convergence? Answer given by Mr Christophersen on behalf of the Commission (14 October 1992) 1 and 2. The Protocol on the excessive deficit procedure refers to the `general government' sector (i.e. public administration as a whole) as defined in the European System of Integrated Economic Accounts (ESA). The ESA stipulates that, if for each insured person the premium is proportional to the risk insured, autonomous pension funds are classified in the `insurance enterprises' sector and not in the `social security funds' sub-sector of the `general government' sector. The Algemeen Burgerlijk Pensioenfonds (ABP) in the Netherlands meets this classification criterion; it is therefore classified with `insurance enterprises' and does not form part of `general government' . 3. The Protocol stipulates that gross government debt applies to general government. This sector, which is clearly defined by the ESA, is homogeneous because it consists of units that have the same economic function. The gross debt of general government as thus defined provides a basis for international comparisons since it represents the debt of an institutional sector that is defined according to identical rules for all countries. The ABP pension fund, which is classified in the `insurance enterprises' sector, is administered on a fully funded basis and has built up reserves in anticipation of the pension payments to be made in future. From an accounting viewpoint, the existence of these assets has no effect on the level of gross general government debt. However, the fact that financial assets have been built up in anticipation of the increase in the charges arising from the ageing of the population is an important institutional feature which it will be possible to take into account as another relevant factor in examining compliance with budgetary discipline within the meaning of Article 104c of the Treaty on European Union. 4. Given definitions that are common to all Member States, the institutional characteristics of each country do not affect the convergence process unless institutional changes are made. By using precise common definitions, it should be possible to make a coherent comparative assessment of Member States' convergence performances. Subject: Taxation of charitable societies and institutions The Greek Government recently decided to impose a special tax on property which also covers charitable or public welfare societies and institutions which have always been exempt from the tax on real estate or other forms of property tax. This measure will cause enormous problems, constitutes a very harsh form of treatment and will inevitably mean that many or all of these institutions will have to suspend their activities. Does the Commission intend to intervene to settle this problem? Answer given by Mr Scrivener on behalf of the Commission (8 October 1992) The Commission takes the view that, in accordance with the principle of subsidiarity, Member States should retain the right to lay down and enact provisions they would like to introduce. It has no plans for presenting proposals aimed at harmonizing or approximating the provisions governing the taxation of associations and foundations, notably in the light of their social and cultural policy aims and their budgetary needs, where their activities are either confined to the national territory or carried on outside the market sector. Such provisions do not impede the functioning of the internal market or distort the conditions of competition. The Commission has, however, proposed to the Council, along the lines of the European company statute, a regulation on the statute for the European association that will allow associations to take advantage of the large frontier-free market while retaining their status of partnerships. The Commission can assure the Honourable Member that it will support any initiative by the Member States designed to facilitate the development of this branch of the economy, which plays a major role in present-day society. Subject: A Community-wide system for the selection of unversity academic staff The way in which university academic staff are selected is a constant focus for criticism and suspicion in most of the Member States; the make-up of the selection boards, the academic profiles of the posts on offer and the nature of the tests held are the main reasons for repeated accusations of nepotism in the selection process. In view of the above, and bearing in mind that equality of opportunity for all would-be academic staff at any university in the Community must be guaranteed, it would seem advisable to work towards a system which will guarantee the exclusion of nepotism in the selection of university academic staff, and ensure that all candidates have an equal chance of being appointed to an academic post, without selection criteria other than their knowledge and competence as teachers being taken into consideration. Does the Commission not think that, given its moral authority, it ought to propose a uniform system for the selection of university academic staff applicable throughout the Community, to guarantee the objective, impartial and fair selection of academic staff at any university in the Member States? Answer given by Mrs Papandreou on behalf of the Commission (4 September 1992) The higher education systems in the Member States differ substantially from each other depending on their respective historical evolution and different cultural, economic and social traditions. These are also reflected in the various procedures concerning the appointment of academic staff. The Community fully respects the diversity of the higher education systems and its actions have been concentrated on promoting cooperation and exchange and the development of a European dimension through programmes such as Erasmus, Lingua, Comett etc. and not on attempts to harmonize various aspects of the systems. Responsibility for the organization of the education systems, including the procedures for the appointment of staff, lies with the appropriate authorities in the Member States or the higher education institutions themselves. It would not, therefore, be appropriate for the Commission, nor does it have the competence, to propose the establishment of a unified procedure for the Community as a whole. Subject: Staff management 1. Is the Commission aware that a Commission official is working for the Information Office of another institution in a European capital city? 2. Can the Commission state on what principle of administrative law the `lending' of officials in this way is based and whether practices of this sort are to be viewed as a contribution to greater interinstitutional mobility? 3. Can the Commission provide further details of how many of its officials are on loan to other institutions in this way and whether their duties could otherwise be allocated to external staff? Answer given by Mr Cardoso e Cunha on behalf of the Commission (23 September 1992) 1. Yes. 2. The person concerned has been seconded on an ad hoc basis for personal reasons pending a transfer, which could be completed in the near future. 3. There are no other similar cases of secondment. Subject: New road in the commune of Gaverina (Italy) and application for Community funding The Valle Cavallina Mountain Community, Bergamo province (Italy), has approved the plan to build the Pian Martino to San Vittore estate road in the commune of Gaverina Terme. An application has been submitted for the project to receive European Community funding under Regulation (EEC) No 1401/86 ( 1 ) . Although the road is classed as an `estate road' , it in fact has the specifications of a normal highway. The plan does not include construction of the viaduct required for the works, which will be built by the Commune of Gaverina and be 18 metres high at its highest point and 75 metres long. 1. Does the Commission not believe that this infrastructural project should first be made subject to EIA (environmental impact assessment) on account of the considerable effects which it might have on the mountain environment? 2. Can the Commission say whether and, if so, why the project is considered eligible for funding under Regulation (EEC) No 1401/86, not least bearing in mind the intention of building the viaduct as described above? Answer given by Mr Van Miert on behalf of the Commission (26 October 1992) The plan for the construction of an estate road in the commune of Gaverina between Pian Martino and San Vittore does not appear to be covered by the Annexes to Directive 85/337/EEC on the assessment of the impact of certain public and private projects on the environment ( 1 ) . Under the provisions of the Directive, only highway construction projects are covered by the scope as they are specifically referred to in Annex II. If the Honourable Member has information which shows that the project has the specifications of a normal highway, the Commission would like to receive full details. The Lombardy programme approved by the Commission pursuant to Regulation (EEC) No 1401/86 provides, in the `Comunità Montana Valle Cavallina' at Pian Martino in the commune of Gaverina Terme, solely for the construction of 600 metres of estate road at a total cost of Lit 200 million. The technical specifications of the planned road are within the limits laid down by the Commission for this type of investment (see Regulation (EEC) No 1760/78). The limits are a width of 5 metres excluding verges. The Commission has not been informed of any change made to the project specifications nor of any link with the viaduct referred to by the Honourable Member, which is not covered by the programme. Subject: Protection of so-called minor languages in the Community Today the nine official languages enjoy equal status in the European Community institutions. Recently, however, considerable publicity has been attracted by reports submitted to the European Parliament and press publications on the need for some European Community business to be conducted in three or four working languages in view of enlargement to include new Member States. Reference has been made in particular to the need to reduce the volume of translation in the Commission and Council so as drastically to reduce so-called administrative costs. Does the Commission intend to make known its views on this matter? Will it inform us whether it agrees that the so-called minor languages, such as for instance, Greek, a rich language which is the cornerstone of European culture, should be protected within the Community? Answer given by Mr Delors on behalf of the Commission (20 October 1992) In accordance with the principle of multilingualism practised in the Community institutions, all the official languages of the Member States are official languages and working languages of the Community. The legal basis for this principle is enshrined in Article 217 of the EEC Treaty, which provides for the rules governing the languages of the institutions of the Community to be determined by the Council, acting unanimously. The Council accordingly stated in Article 1 of Regulation No I of 6 October 1958, subsequently amended by the various Acts of Accession, that `the official languages and the working languages of the institutions of the Community' would be the languages of all the Member States. Article 4 of the Regulation further states that `regulations and other documents of general application shall be drafted in the . . . official languages' (nine at present). All the official languages of the Member States thus enjoy equal treatment and observance of this principle which serves both to ensure democracy and to protect Europe's cultural and linguistic diversity, on which the rich heritage of the Community is founded. The Commission Translation Service is in the process of equipping itself with modern computer tools providing facilities for word processing, document and terminology retrieval, document transmission and office management in the official languages (including Greek) on an equal footing so that it is better placed to meet all the demands made upon it. Subject: VAT on flower growing Can the Commission provide details of the rates of VAT or other similar levies imposed in the various Member States on flowers and ornamental plants? Is it true that flower growers in the Netherlands enjoy special arrangements whereby any increase in taxes can be deferred until the beginning of 1997? Have similar exemptions been granted to any other Member States? If so, how does the Commission intend to deal with the distortion of competition between those Member States which enjoy special arrangements and those which do not? Answer given by Mrs Scrivener on behalf of the Commission (2 October 1992) To the best of the Commission's information, VAT rates currently applied to flowers and ornamental plants in Member States are as follows: Belgium 19,5 %Denmark 25 %Germany 7 %Greece 6 % (1)France 18,6 %Ireland 21 %Italy 9 % (1)Luxembourg 6 %Netherlands 6 %Spain 15 %Portugal 16 %United Kingdom 17,5 % The question of the rate to be applied to such products from 1993 onwards is currently under discussion in the Council in the framework of the approval of a draft Directive on the approximation of VAT rates. The Commission will seek to ensure that adequate safeguards against distortion of competition are provided for in this context. Subject: NOW programme The documentation on Community initiatives shows the following grants to Belgium in 1991 under the NOW programme: — Ecu 1,596 million (No 918057) — Ecu 1,758 million (No 918014). These initiatives come under the European Regional Development Fund. Please indicate for each project: 1. the precise purpose for which the aid is granted; 2. the local or regional authorities' own contribution. Answer given by Mrs Papandreou on behalf of the Commission (15 September 1992) The amounts allocated to operational programmes under the NOW initiative in the years 1991 to 1993 are Ecu 1 596 000 for the Vlaamse Gemeenschap and Ecu 1 758 000 for the Communauté Française. Nº provision is made for assistance under the ERDF, this being restricted to NOW operational programmes submitted by the Member States for the Objective 1 regions. The breakdown between the various measures proposed in the operational programmes is as follows: Vlaamse Gemeenschap — 5,2 % business-creation measures, — 85 % pretraining (counselling and guidance) and training leading to recognized qualifications, — 6,7 % complementary child-care measures, — 2,9 % complementary technical assistance measures. Communauté Française — 10 % business-creation measures, — 25 % pretraining (counselling and guidance), measures — 60 % training leading to recognized qualifications. — All these measures involve tailoring of modules to the specific needs of the target groups, in particular through the provision of child-care facilities. — 5 % complementary technical assistance measures. At this stage, the Commission is unaware of the exact sources of the national contribution (55 % of the total budget for operational programmes), which are known only to the national authorities, who alone are responsible for selecting measures. However, the financing aspects, like all those relating to the proper conduct of the measures, will be considered by the monitoring committees, on which the Commission is represented. Subject: Sex discrimination with regard to pensions In Written Question No 626/91 ( 1 ) of 15 April 1991 by Christopher Jackson to the Commission and the answer given by Mrs Papandreou on 16 July 1991, it is pointed out that sex discrimination concerning the age of eligibility for a pension is contrary to the principle of equal pay for men and women. Under the Belgian pensions system: — a `contribution' is systematically levied without any accompanying entitlement (ceiling), which makes it more like a tax than a `contribution' ; — in every case where women have paid the same contributions as men over the same period they receive higher pensions (85 % in 1989); — the combination of the above frequently results in men receiving lower pensions than women who have paid lower contributions for shorter periods. The first rule seems contrary to the principle of equality of citizens before the law and would therefore be a matter for the Belgian court of arbitration. The second directly infringes Article 119 of the Treaty of Rome. Can the Commission confirm this? Answer given by Mrs Papandreou on behalf of the Commission (21 September 1992) All the Commission can confirm is that the systematic levying of contributions under the Belgian pensions scheme without corresponding entitlements is a matter for national law beyond Community jurisdiction. As regards the question of equal treatment of men and women for purposes of social security, Article 119 of the EEC Treaty applies only to non-statutory occupational pension schemes for employed workers. The Belgian pensions scheme is a statutory scheme not covered by Article 119 of the Treaty. In an early ruling (Case 80/70 Gabrielle Defrenne v. Belgian State), the Court of Justice of the European Communities specified that `the concept of pay as defined in Article 119 of the Treaty does not include social security schemes or benefits directly governed by legislation without any element of agreement within the undertaking or occupational branch concerned, which are obligatorily applicable to workers or which, within the framework of such a general system established by legislation, relate to certain categories of workers in particular. This applies especially to retirement pension schemes which give workers the benefit of a lega system, the financing of which, workers, employees and possibly the public authorities contribute in a measure determined less by the employment relationship between the employer and the worker than by considerations of social policy.' Equal treatment for men and women under statutory social security is governed by Directive 79/7/EEC of 19 December 1978. This Directive is not applicable to important matters such as survivors' and family benefits. Furthermore, Article 7 (1) (a) allows old age or retirement pensions to become payable at different ages depending on the sex of the pensioner. This means that a man who has paid pension insurance contributions for the same number of years as a woman may receive a lower retirement pension than a woman, since under national law and in conformity with Community law his insurance record proves incomplete. To close these loopholes in the implementation of the principle of equal treatment in the field of social security, the Commission presented a proposal for a Directive on 23 October 1987 ( 1 ) . As regards the pensionable age, two solutions were proposed: — either the same age for both sexes, or — a flexible retirement age on the same terms for men and women. This proposal for a Directive is still before the Council, despite the favourable opinions of Parliament and the Economic and Social Committee. Finally, the Commission would point out that a case before the Antwerp Labour Tribunal involving the compatibility with Community law of differences between the method of calculating pensions for men and that used for calculating pension for women has been referred to the Court of Justice for a preliminary ruling (Case C-154/92 Van Cant v. ONP). Subject: European Community industrial policy In his leading article in `Objective 92' entitled `Yes to Community industrial policy' the Vice-President of the Commission responsible for the internal market states: `Maastricht was not a turning-point . . . In the future as at now there will be no action programme costing billions to help launch `strategic' industries with money from `Brussels' . . . The Commission attaches little hope to any initiative designed to influence structural changes in any specific direction'. What is the Commission's assessment of the American `Apollo' space programme and the Japanese `fifth-generation' data processing programme? Does it consider that these two programmes (among many others) have not substantially affected modern industrial development or given their authors any significant industrial advantage? Can it explain why the European Community should refrain from such initiatives or leave them to cooperation between the Member States? Does the Commission consider that a project is worthwhile only if immediate benefit can be derived from it? Answer given by Mr Bangemann on behalf of the Commission (2 October 1992) In the autumn of 1990 the Commission adopted its communication on industrial policy in an open and competitive environment. The Council in turn endorsed the communication's conclusion, and Parliament, in its report, agreed with the main features of the industrial policy proposed by the Commission. Since then, the Commission has adopted a number of communications which flesh out this horizontal approach for various industrial sectors by specifying how the horizontal instruments of industrial policy could be deployed to tackle and resolve the specific difficulties in those sectors (electronics, shipping, textiles, motor vehicles and aerospace). At the same time, it has become necessary to strengthen the instruments of industrial policy. As a follow-up to the new Maastricht provisions, the Commission has proposed inter alia measures to facilitate industrial change in the areas of research, development and innovation, training and infrastructures. These are medium-term and long-term policies that should make industry more competitive. A number of other Community initiatives have been launched. Monetary union, by acting on interest rates, is likely to improve financing terms for business investment. The policies on the environment and on small and medium-sized enterprises should also influence the competitiveness of European industry. It is through the whole panoply of these instruments that the Community will be in the best position to promote industrial competitiveness on a lasting basis. Subject: Unsatisfactory conference financed by the Commission A conference on 23 March 1992, concerning the welfare of laying hens, was supported financially by the Commission. The invitation list was limited and there were few commercial producers with practical experience. There was a balanced discussion and a number of scientific papers were presented. However, conclusions and recommendations were presented to the conference by the chairman which were not representative of the discussions. A number of amendments were proposed and carried by the meeting but were ignored by the chairman. How much attention will the Commission pay to the `conclusions' of the `conference' ? Is the Commission happy to continue funding seminars of this nature which are so unrepresentative and unsatisfactory? Answer given by Mr Mac Sharry on behalf of the Commission (30 September 1992) In accordance with Article 9 of Directive 86/113/EEC laying down minimum standards for the protection of laying hens kept in battery cages ( 1 ) , the Commission must, before 1 January 1993, make a report on scientific developments regarding the welfare of hens under various systems of rearing and on the provisions in the Annex to the Directive. In order to assist the Commission services in drawing up this report, the European Conference Group on the Protection of Farm Animals (ECOPFA), was asked to organize a seminar involving research scientists, the industry and government representatives to discuss the latest developments in alternatives to the battery cage, and to discuss a draft report on the subject from the Scientific Veterinary Committee. Despite the fact that several industry representatives who had been invited did not attend, valuable contributions were made at the seminar by producers with experience of both battery cages and alternative systems. On the last afternoon of the seminar the Chairman attempted to reach a consensus on the conclusions to be drawn from the papers presented and the discussions, as has been done at previous ECOPFA seminars and conferences. This did not prove to be possible, so the proposal was withdrawn. However, as the purpose of the seminar was to provide information to the Commission on technical progress in the field, such a resolution was in any case unnecessary. The seminar was representative of the range of viewpoints existing on the subject, and was extremely satisfactory in providing a summary of technical progress since the adoption of the Directive and a platform for the various views on how the housing of laying hens should develop. As has been the case with previous seminars and conferences organized by ECOPFA, bringing together animal welfare and industry representatives, the seminar was a great success and the Commission services will certainly aim to encourage such dialogue in the future. Subject: Clearing undergrowth In a number of Community countries, forest fires cause substantial economic damage and seriously upset the eco-systems of the areas laid waste. In most cases clearance of undergrowth would stop fires from spreading. However, at European level this type of work is classed with drainage and irrigation and taxed at the usual VAT rate. What tax changes does the Commission intend to introduce to encourage clearance of undergrowth? If there are no plans for tax changes, what measures to encourage clearance are likely to be introduced by the Community? Answer given by Mrs Scrivener on behalf of the Commission (7 October 1992) The question of the VAT rate to be applied to agricultural and forestry services from 1993 onwards is currently under discussion in the Council in the context of the draft Directive on the approximation of VAT rates. Subject: Non-Proliferation Treaty and the successor States of the former Soviet Union Are all the successor States of the former Soviet Union bound by the Non-Proliferation Treaty? Answer given by Mr Cardoso e Cunha on behalf of the Commission (5 October 1992) The Russian Federation as a nuclear weapon State is a party to the Treaty on the Non-Proliferation of Nuclear Weapons. Nº other States of the former Soviet Union had become, as at 30 June 1992, parties to the Treaty. On 31 December 1991, the Community and its Member States issued a Statement dealing inter alia with republics participating with Russia in the Commonwealth of Independent States and their adherence to the Treaty as non-nuclear weapon States. The Community and its Member States call on all the independent States of the former Soviet Union (other than the Russian Federation) to become parties to the Treaty as non-nuclear weapon States as soon as possible. Subject: Shipping register The Commission has recently computerized the Community shipping register. Could the Commission provide a list of vessels of more than 12 metres overall length included in the register, relating to the Spanish fleet registered in any of the ports of the province of Almeria, specifying their length, tonnage, engine power, registered port, vessel number and type of fishing gear? Subject: Shipping register The Commission has recently computerized the Community shipping register. Could the Commission provide a list of vessels of more than 12 metres overall length included in the register, relating to the Spanish fleet registered in any of the ports of the province of Huelva, specifying their length, tonnage, engine power, registered port, vessel number and type of fishing gear? Subject: Shipping register The Commission has recently computerized the Community shipping register. Could the Commission provide a list of vessels of more than 12 metres overall length included in the register, relating to the Spanish fleet registered in any of the ports of the province of Cádiz, specifying their length, tonnage, engine power, registered port, vessel number and type of fishing gear? Joint answer to Written Questions Nos 1734/92, 1735/92 and 1736/92given by Mr Marín on behalf of the Commission (22 September 1992) The Commission could produce the list of vessels over 12 metres long between perpendiculars included in the file relating to the Spanish fleet registered in each province and could provide information on the features requested. However, to guarantee the confidentiality of the data as provided for in Article 6 of Regulation (EEC) No 163/89, the Commission does not give out such information. Subject: Transfer of the village of Komanos near Kozani Pollution from lignite mines operated by the Public Electricity Works is proving a direct threat to the health of the 850 inhabitants of the village of Komanos near Kozani. Many of them suffer from bronchitis, rhinitis and conjunctivitis. According to a recent study carried out by specialists from the Clinic for Lung Diseases of the Aristotelian University of Thessaloniki, 57 % of the population of the Community of Komanos suffer from chronic bronchitis and 44 % from rhinitis. In addition, 60,9 % suffer from irritations of the eyes and 48 % from conjunctivitis. It was thus decided to transfer the population of the village to a neighbouring area. The cost of this transfer has been provisionally estimated at over Dr 20 billion. Will the Commission say whether and under which conditions the Community could cover part of the cost of the transfer of the village of Komanos? Answer given by Mr Millan on behalf of the Commission (23 September 1992) The Commission is not aware of the problem referred to by the Honourable Member or of the plan to move the population of the village of Komanos. If the Commission were provided with specific information on the nature of the proposed expenditure, it could possibly consider an application submitted by the competent Greek authorities under the operational programme for the region in question. Subject: European Social Fund assistance in 1991 In a move to combat long-term unemployed and help young people to find work France received Ecu 5,9 million from the European Social Fund in 1991, which was a very small amount compared with the total funds ear-marked for this purpose (Ecu 1 537 million). Does the Commission consider this to be satisfactory, given the constant increase in the numbers of unemployed in France? Answer given by Miss Papandreou on behalf of the Commission (29 September 1992) On 20 December 1989 the Commission approved the Community Support Framework (CSF) for aid from the European Social Fund to France in respect of Objectives 3 and 4 for the period 1 January 1990 to 31 December 1992. This Framework provides for a total appropriation for that period of Ecu 1 938 million, i.e. Ecu 872 million provided by the European Social Fund and the rest by national, regional or local public authorities. For guidance purposes, this amount was divided up as follows: — Ecu 416 million for Objective 3 (long-term unemployment); — Ecu 456 million for Objective 4 (occupational integration of young people). To implement the CSF, the Commission adopted on 2 August 1990 two operational programmes covering the same period and granting to France: — Ecu 404 million to combat long-term unemployment; — Ecu 467 million for the occupational integration of young people. For 1991 alone, the aid granted to France through the European Social Fund amounted to: — Ecu 140 617 978, at constant 1989 prices, to combat long-term unemployment; — Ecu 158 424 528, at constant 1989 prices, for the occupational integration of young people. Subject: The African black rhinoceros Yet another animal in Africa is on the verge of extinction due to the failure of measures taken against poachers and the illegal trade. Thousands of African black rhinoceroses are being killed every year for their horns which fetch up to $ 10 000 a kilo in the markets of Asia. While in 1974 there were still 65 000 black rhinoceroses in existence, notably in South Africa und Tanzania, the figure has now dropped to 4 000. The World Wildlife Fund and the World Association for the Protection of Wildlife are playing a leading role in preventing the hunting of and the trade in the horns of the black rhinoceros and they have opened offices in the African countries where poaching takes place and also in Asia in an effort to check this death trade. Does the Commission intend to act to protect the black rhinoceros? Answer given by Mr Van Miert on behalf of the Commission (23 October 1992) Trade in rhinoceros products is strictly prohibited under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which is implemented in the Community under Council Regulation (EEC) No 3626/82 ( 1 ) . The effect of this international measure on the conservation status of black rhino's has unfortunately been minimal. The Commission fully supports action undertaken by WWF and other wildlife conservation organizations and in the context of budget line B7-5040 will contribute Ecu 250 000 to the preparation of WWF's Rhino Programme for the establishment and implementation of an action plan for the conservation of the Black Rhino. This action plan will be concentrated in six key African countries: Zimbabwe, Kenya, Namibia, Cameroon, Tanzania and Botswana. Subject: The Community in the Consultative Group on Indonesia (CGI) The Consultative Group on Indonesia (CGI), which will hold its first meeting on 16 and 17 July 1992, will replace the Intergovernmental Group for Indonesia (IGGI), which was chaired by the Netherlands. The CGI would seem to have been set up to meet the conditions laid down by Indonesia following the Netherlands' positions within the IGGI, in which it raised the problem of Indonesia's failure to respect human rights and linked this issue to cooperation. Given that the Netherland's positions are in line with the European Parliament's repeated Statements on the subject, will the Council State whether the Community is to be represented at this CGI meeting, at what level, and what positions it will uphold with regarding to linking cooperation to respect for human rights? Answer ( 1 ) (7 December 1992) A number of Member States were represented at the meeting of the Consultative Group on Indonesia (CGI) on 16/17 July 1992. Presidency delivered a Statement to the Head of the Indonesian delegation in the margins of the meeting drawing attention to the continuing concern of the Community and its Member States at the human rights situation in Indonesia and East Timor. Subject: Community funding for Schleswig-Holstein What amounts, and for what measures/projects, were paid to Schleswig-Holstein in 1990 and 1991 from: 1. the European Regional Fund (ERF), 2. the European Social Fund (ESF), 3. the European Agricultural Fund (EAGGF), Guarantee Section, 4. the European Agricultural Fund (EAGGF), Guidance Section, including restructuring/ promotion of fisheries and aquaculture, 5. the Community's research programme, 6. the Community's energy programmes, 7. the Community's environment programmes, 8. funding from the ECSC or the EIB, 9. the Community's programmes for education, training and youth exchanges, 10. the Community's social and cultural programmes, 11. other Community programmes or budget headings (measures to assist women, measures to assist cultural and linguistic minorities, etc.) ? Answer given by Mr Christophersen on behalf of the Commission (10 November 1992) In view of the length of its answer, which includes a number of tables, the Commission is sending it direct to the Honourable Member and Parliament's Secretariat. Subject: CO2 level and energy efficiency The conclusions of the joint Council of Ministers of Energy and of the Environment of 29 October 1990 gave the objective of the Community's policy for dealing with the change in the world's climate as the stabilization of CO2 emissions at their 1990 level by the year 2000 and indicated various means and instruments to be employed for that purpose. The joint Council of Ministers of Energy and of the Environment of 13 December 1991 launched a Community strategy to reduce CO2 emissions and improve energy efficiency in the light of the relevant Commission communication. Does the Commission intend to make a Statement of principle on this and other measures at the United Nations conference on the Environment and Development to be held in Rio de Janeiro next June? What forecast can the Council make as to the effects any Community measures would have with regard to the Community's environment policy, the internal energy market and observance of the agreements entered into by Member States to restrict CO2 emissions and other gases produced by combustion processes, which are jointly responsible for the change in the world's climate? Answer (7 December 1992) In reply to the first of the questions put by the Honourable Members, it should be pointed out that in Rio, when the Convention on Climate Change was signed, the Community and its Member States re-affirmed the conclusions of the joint Energy/Environment Council meeting on 29 October 1990 as re-iterated in the conclusions of subsequent Council meetings, notably those on 13 December 1991, and 5 and 26 May 1992. In this context they Stated that they would continue their work on the Commission proposal for `A Community strategy to limit carbon dioxide emissions and to improve energy efficiency' , and they urged all countries to adopt measures and to give commitments similar to the measures adopted and the commitments made by the Community and its Member States. With the same aim in view, the Commission forwarded to the Council on 4 June 1992 a proposal for a Directive introducing a tax on carbon dioxide emissions and energy; on 24 June 1992, a proposal for a Decision for a monitoring mechanism for Community CO2 and other greenhouse gase emissions; on 3 July 1992, a proposal for a Decision concerning the promotion of renewable energy sources in the Community (Altener programme), and on 7 July 1992, a proposal for a Directive to limit carbon dioxide emissions by improving energy efficiency (follow-up to the SAVE programme). The Council is awaiting the opinion of the European Parliament on these proposals. Furthermore, the Lisbon European Council (26 and 27 June 1992) welcomed the outcome of the United Nations Conference on the Environment and pointed out that the Community and its Member States were prepared to commit themselves to the following eight-point plan: — to ratify the Convention on Climate Change and publish national plans for implementing it; — to publish national plans for action on biodiversity, and to establish the basis for ratification of the Convention; — to publish national plans for the implementation of the forest principles; — to publish national plans for the implementation of the Rio Declaration and Agenda 21; — to give financial support to developing countries for the implementation of Agenda 21 through Official Development Assistance (ODA) and for the replenishment of the Global Environment Facility (GEF); — to take the lead at the 1992 UN General Assembly in the etablishment of the Sustainable Development Commission; — to put their weight behind establishing an international review process for the forest and desertification principles; — to take the lead in the restructuring of the GEF so that it can in time be established as the permanent financial mechanism for the Conventions on Climate Change and Biodiversity. Subject: Reversal of free private health care for pensioners It is alleged that GEC and Siemens have deprived 2 000 Plessey pensioners of free private health care, after the aquisition of Plessey in a hostile takeover in 1989 in the United Kingdom. 1. Is this legal under European Community law? 2. Can the Commission now intervene? Answer given by Mr Papandreou on behalf of the Commission (15 October 1992) Council Directive 77/187/EEC ( 1 ) on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses does not apply to takeovers by share transfers. Therefore, the situation referred to by the Honourable Member falls outside the scope of Community law on transfers of undertakings. Subject: Implementation of the Code of Practice on the protection of the dignity of women and men at work In view of the Council resolution of 29 May 1990 on the protection of the dignity of women and men at work ( 1 ) the draft Commission recommendation on the protection of the dignity of women and men at work and the accompanying code of conduct (COM(91) 1397, 30 July 1991) and the legislative resolution (A3-264/91 ( 2 ) ) adopted by the European Parliament on 22 October 1991 on the above recommendation, what steps will the Commission take to implement the code of practice and in particular ensure the introduction of a `confidential counsellor' service in this context? Answer given by Mr Cardoso e Cunha on behalf of the Commission (5 October 1992) The measures accompanying the second Positive Action Programme in favour of female members of the Commission's staff (1992—1996), which is shortly to be adopted by the Commission, include implementation of the Code of Practice designed to combat sexual harrassment attached to the recommendation on the protection of the dignity of women and men at work. A Commission notice to its staff, distributed in October 1990, sets out the rights of complainants and specifies who is empowered to receive complaints — hierarchical superiors, the Mediator, welfare officers, the Medical Service, the Discipline Staff and Regulations Unit of the Directorate-General for Personnel and Administration, and the Chairman of the Joint Committee on Equal Opportunities. Subject: Implementation of the Seveso Directive Under Article 12 of Council Directive 82/501/EEC ( 1 ) on the major accident hazards of certain industrial activities the Commission is required to set up a register containing a summary of the major accidents which have occurred within the territory of the Member States. Can the Commission supply a list of serious accidents in each Member State giving the following information: — date and place of the accident, — name of the undertaking involved, — any chemical substances discharged, — reason for the accident, — number of dead and injured and damage to the environment, — estimated financial cost, — assessment of the emergency procedures? Answer given by Mr Van Miert on behalf of the Commission (21 October 1992) The information requested by the Honourable Member is given in the document `Major Accident Reporting System — Lessons Learned from Accidents Notified' , which was drawn up and widely circulated by the Commission's Joint Research Centre pursuant to Article 12 of Directive 82/501/EEC. The document, which was compiled on the basis of the information available about 97 accidents in the Member States' territories between 1981 and 1990, is being updated. Some details, such as the names of the establishments concerned and the places where the accidents occurred, are not given as it was felt that this information was not essential to comply with Article 12. A copy of the document is being sent directly to the Honourable Member and to the Secretariat-General of the European Parliament. Subject: Implementation of budget heading B3-106 Does the Commission's answer to my Written Question No 220/92 ( 1 ) mean that membership of the national committee of the European Office for Minority Languages is a condition for funding under budget heading B3-106? Where and by whom was it decided that minority languages and cultures may only be established on a national and territorial basis? Was the intention to exclude languages and cultures such as Romany languages and Yiddish? Answer given by Mr Papandreou on behalf of the Commission (5 October 1992) In no circumstances would the Commission make membership of a national committee of the European Office for Minority Languages a condition for the funding of a minority language project. At Community level there has never been any question of defining minority languages and cultures solely in `national and territorial' terms. The Commission does not discriminate between the traditional minority languages of Europe on the basis of their `territorial' or `national' status. Obviously, therefore, there has never been any intention of excluding the Romany or Yiddish. Subject: Gypsies in the Community Racism is nearly always directed at persons or ethnic groups who are markedly different from the rest of the population. Given that gypsies constitute one of the most well-known minorities in Europe with Community citizenship does the Commission intend to undertake a detailed study of the living conditions of gypsies in all Member States and on the basis of this to submit a series of proposals aimed at fully safeguarding their civil rights and freedoms? Answer given by Mr Papandreou on behalf of the Commission (16 October 1992) The Commission would refer the Honourable Member to its answer to Written Question No 407/89 by Mr Patterson ( 1 ) , to which it would add that, in response to the Council resolution of 22 May 1989 ( 2 ) it has given priority to the question of schooling for gypsy children, carrying out a study on the education of gypsy and traveller children, which was published in 1986. In 1988 a short publication outlining Community thinking and action on this front was distributed widely. Interface, a magazine funded by the Commission and published in four languages, deals with the subject of education and training for gypsies and their children, as well as providing general information. Gypsies also figure among the priorities of the programme to combat exclusion and poverty. A meeting held in Brussels on 29 May 1991 and attended by representatives from a number of gypsies' organizations went a long way towards meeting the concerns expressed by the Honourable Member. The Commission has recently commissioned an institute to study the situation with regard to the organizations representing gypsies and to their everyday life; the findings will be available early in 1993. Subject: Exposure to non-ionizing radiation In the industrialized countries the sources of non-ionizing radiation are rapidly increasing so that the population is exposed to ever higher levels. Since, as a precautionary measure, exposure to non-ionizing radiation must be reduced, in line with the recommendations of the WHO, does the Commission intend to formulate a strategy involving technological and structural changes so as to reduce electromagnetic pollution caused by the transportation and distribution of electricity, domestic electrical appliances, the technology used in industry and services, telecommunications, etc.? Answer given by Mrs Papandreou on behalf of the Commission (21 October 1992) The issue of risks from non-ionising radiation has been raised by several Members of the European Parliament. The Commission would refer the Honourable Member to its answers to Written Questions Nos 1733/90 by Mr Vertemati and Mr Carniti ( 1 ) , 1956/91 by Mr Papayannakis ( 2 ) and 2132/91 by Mr Vernier ( 3 ) . The Commission wishes to reiterate that the many investigations and reviews of epidemiological findings concerning possible risks from exposure to low frequency electromagnetic fields, associated with residence near major sources of electricity supply, the use of electrical appliances, or work in the electrical, electronic and telecommunications industries have provided no firm evidence of the existence of a carcinogenic hazard to the foetus, children or adults. In order to control the risks to health associated with the induction by power lines of electric currents into humans, protective measures are generally taken in Member States and the Commission is collecting the corresponding information. These risks are also the object of recommendations by the World Health Organization (WHO) and other international organizations as well as of future proposals by the Commission concerning the minimum safety and health requirements for the protection of workers at work against physical agents. In the absence of established facts concerning the carcinogenic risks from non-ionizing radiation, the Commission has no intention to develop a strategy for technological and structural change as that suggested by the Honourable Member. Subject: Organ donor cards Is there a European-wide system for a widely-recognized organ donor card similar to the card which exists in the UK which is widely recognized and can be carried by any individual prepared to have their vital organs donated for further use after death? If such a system does not exist, have any discussions been held about introducing such a card? Answer given by Mrs Papandreou on behalf of the Commission (2 October 1992) Donor cards are one of the ways that may be used to express consent to the removal of organs after death. They are used in several Member States. However, a European-wide system for a widely-recognized organ donor card does not exist and the Commission is not aware of any formal discussions having taken place with a view to introducing such a card at the European level or evaluating the different forms for expressing consent to the removal of organs after death. Subject: Recognition of qualifications What is the Commission doing to improve recognition of further and higher education qualifications in third countries? Answer given by Mr Bangemann on behalf of the Commission (6 October 1992) The question may be interpreted in two ways: it may be taken to refer either to the recognition by third countries of diplomas awarded by Member States of the Community or to the problems surrounding the recognition by Member States of diplomas obtained in third countries. (a) Provision for the recognition for vocational purposes, by third countries, of qualifications obtained in the Community is currently made only in the Agreement on the European Economic Area. This Agreement, which was signed on 2 May but has still to be ratified by the contracting parties, provides for the Community rules on the recognition of diplomas to be extended to the EFTA countries on a reciprocal basis. The future General Agreement on Trade and Services (GATS) could also promote the recognition of professional qualifications, but to a more limited extent and in specific circumstances. (b) As regards the other possible interpretation of the question, recognition by the Member States of qualifications obtained in third countries by Community nationals wishing to move to or within the Community for professional reasons, certain Community legislation provides for qualifications obtained in third countries to be taken into consideration. In this connection, a distinction should be made between migration from a third country to a Member State of the Community (first hypothesis) and migration from one Member State to another (second hypothesis). Where the first hypothesis is concerned, recognition of a diploma from a third country falls within the sphere of responsibility of the Member States. The Commission considers, however, that the latter must observe the general principles of Community law and the minimum training criteria laid down in the sectorial Directives relating to certain professions in the health sector and to architects. Where the second hypothesis is concerned, Directive 89/48/EEC on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration ( 1 ) lays down specific provisions on training which has taken place entirely or mainly in a third country. The Directive applies, therefore, as long as the holder of a diploma has three years' professional experience certified by the first Member State to have recognized the diploma awarded in a third country. On 18 June 1992 the Council adopted Directive 95/51/EEC ( 2 ) on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC. It lays down provisions similar to those provisions of Directive 89/48/EEC which are referred to in the previous paragraph (see in particular Article 1(a) and (b) of Directive 92/51/EEC). The `sectoral' Directives contain no provisions which oblige a Member State to take into consideration a qualification obtained in a third country and recognized by another Member State. The Commission is currently examining, in collaboration with the Member States, the advisability of bringing those rules into line with the general systems, while taking account of the differences between the general systems and the sectoral Directives. The recognition of diplomas, qualifications or partial or complete training courses for academic purposes falls within the sphere of responsibility of the Member States. However, the Commission encourages the exchange of information through the Community-based NARIC (National Academic Recognition Information Centre) for the recognition of diplomas for academic purposes. The Commission is not contemplating any new measures in this area at present. Subject: Euroform, Now and Horizon in Belgium Which projects and programmes are funded by the Commission in Belgium as part of the Community's Euroform, Now and Horizon initiatives? Answer given by Mr Papandreou on behalf of the Commission (30 September 1992) NOW: Two operational programmes for Belgium were approved by the Commission under the NOW initiative in 1991. The indicative amounts allocated were Ecu 1 596 million for the Flemish Community and Ecu 1 758 million for the French Community. The measures and their financial breakdown by Community as proposed in the operational programmes are as follows: French Community: — 10 % business creation, — 25 % pre-training (guidance and advice), — 60 % training leading to qualifications. In all these cases steps are taken to ensure that the modules are adapted to the specific circumstances of the target group, notably through the provisions of childcare facilities. — 5 % complementary technical assistance. Flemish Community: — 5,2 % business creation, — 85,0 % pre-training (guidance and advice) and training leading to qualifications, — 6,7 % complementary measures — childcare, — 2,9 % complementary measures — technical assistance. A preliminary series of projects has been endorsed (nine for the French Community and eight for the Flemish Community) incorporating the above measures approved by the Commission. Other projects are being studied and a selection will be made shortly. Horizon: The amounts allocated to the operational programmes for Belgium under the Horizon initiative, approved by the Commission in 1991, are Ecu 1 164 million for the Flemish Community and Ecu 1 279 million for the French Community. The Flemish Community is financing projects incorporating one or more of the following measures: — The handicapped: — Vocational training; training of trainers; development of model integration experiments; exchange of experiences and specialists — Creation or development of information networks — Aid for the creation of small businesses. — The disadvantaged: — Vocational information and guidance; creation of support structures — Training of trainers; creation of networks to disseminate the results of pilot projects. The French Community is financing projects incorporating one or more of the following measures: — The handicapped: — Training in new technologies, — Training of trainers, — Creation of cooperatives, — Extension of Helios and Handynet — The disadvantaged: — Training of trainers, — Vocational training, — Measures to support integration, — Multidimensional measures. A preliminary series of projects has been endorsed (15 for the French Community and 20 for the Flemish Community) incorporating the above measures approved by the Commission. Other projects are being studied and a selection will be made in the coming weeks. Euroform: The amounts allocated to the operational programmes under the Euroform initiative for the period 1991 to 1993 are Ecu 3 192 million for the Flemish Community and Ecu 3 515 million for the French Community. The Flemish Community is financing projects incorporating one or more of the following measures: — Sectorial training, — Training in new skills, — Apprenticeship schemes for high-risk groups, — Technical assistance. The French Community is financing projects incorporating one or more of the following measures: — Technological training, — New skills, — Innovatory measures, — Technical assistance. So far, seventeen projects have been selected for the Flemish Community and ten for the French Community. Both Communities still have funds available for allocation. Subject: Hunger strike of seven Turkish and Kurdish political refugees in Greece Seven Turkish and Kurdish political refugees who are being held in solitary confinement in Korydallou prison in Greece have now been on hunger strike for 17 days in protest at the unfounded and serious charges brought against them, the unacceptable conditions of detention and the threat to expel them to Turkey (seriously endangering their lives), despite the fact that they have requested political asylum from the Greek authorities. Four of these (Tamer Erkots, Kosar Hasah, Kayer Eroglou and Uilmaz Ogoozan) are members of the left-wing organization Dev Sol. They have been in custody since 16 January 1992 without any evidence being brought against them, purely and solely because the police authorities claim to have found the fingerprints of T. Erkots on a Molotov cocktail! They are asking for an end to solitary confinement, their immediate release and their trial to begin immediately. The remaining three (Sayho Karznan and Sultan Taslioglou, members of the organization THKP-C Adzitziler, and Fariyk Kizilaslan, member of the 16 July organization) are wanted by the Turkish authorities on account of their political activities. There is a serious danger they will be expelled to Turkey, despite the fact that they have asked for political asylum from the Greek authorities. Will European Political Cooperation (EPC) say what representations they intend to make to the Greek authorities concerning the above violations of international conventions and human rights, so as to ensure the immediate release and granting of political asylum to the seven Turkish and Kurdish political refugees on hunger strike? Answer (7 December 1992) The question raised by the Honourable Member does not fall within the competence of the European Political Cooperation. Subject: Euratom nuclear inspections Further to Written Question Nº 2513/91 ( 1 ) , will the Commission now take steps to ensure that the European Atomic Energy Agency (Euratom) acquires the relevant knowledge of nuclear warhead design calculations to enable its safeguards inspectorate to make informed qualitative and quantitative judgements as to the significance of any apparent nuclear materials loss unearthed during Euratom nuclear inspections or post-inspection evaluation? Answer given by Mr Cardoso e Cunha on behalf of the Commission (19 October 1992) The Commission has, in accordance with Chapter VII of the Euratom Treaty, to satisfy itself that ores, source materials and special fissile materials are not diverted from their intended use as declared by the users. For the achievement of the objectives of the Treaty and the agreements concluded with third States or an international organization, it is not required to acquire knowledge on nuclear warhead design calculations beyond the knowledge available in publicly available literature. The Commission is making a continuous effort to develop and deploy the most efficient and effective nuclear material verification techniques as are necessary for its safeguard operations. Subject: Papua New Guinea Is the Council aware of reports in the `Post Courier' one of Papua New Guinea's two leading newspapers, to the effect that 1. on 27 March 1992 other large group of refugees crossed the border between Indonesia and Papua New Guinea as a result of hostilities between the Indonesian army and the Papuan resistance movement, the OPM, 2. large Indonesian army units have recently been deployed along the border, 3. a Swedish cameraman lost his life under unexplained circumstances in the border area? Is the Council prepared to raise these matters with the Indonesian authorities? Answer ( 1 ) (7 December 1992) The Community and its Member States share the concerns expressed by the Honourable Member over the reports on continued tension at the border between Indonesia and Papua New Guinea. The Community and its Member States will continue to monitor the situation and are ready to approach the Indonesian authorities, if future developments so warrant. The Indonesian authorities are well aware of the importance which the Community and its Member States attach to scrupulous respect for human rights as set out in the Declaration on Human Rights adopted by the Luxembourg European Council in June 1991 and the Resolution adopted by the Development Council on Human Rights, Democracy and Development on 28 November 1991. Subject: Involvement of European Community representatives in deportations in Croatia On 14 October 1991 the representative of the military command of the Yugoslav people's army, Dragoljub Arandjelovic, meeting in Sid with delegates from the villages of Ilok, Sarengrad and Bapska, represented by the major of Ilok, Mr Mrs ic Ivan, and the Ilok police chief, Mr Brletic Mate, reached an agreement on the resettlement of the non-Serbian residents of these localities. It is claimed that the agreement was reached on the basis of what appears to be a highly questionable referendum. 1. Is EPC aware of this incident? 2. Is EPC also aware that this agreement was reached in the presence of EC observers Hugh Cunningham and Petr Kypr? 3. Were the EC observers responsible for monitoring the agreement? If so, does EPC consider that the creation of `ethnically pure' (Serbian) localities in Croatia could in any way help to resolve the conflict? If not, would it be true to say that the EC observers have arbitrarily exceeded their terms of reference? Answer (7 December 1992) On many occasions the House has been informed of the very clear, firm and unequivocal position the Community and its Member States adopt with regard to the rights and treatment of national or ethnic groups, in the former Yugoslavia and elsewhere. The `Statement of Principles' endorsed by all participants at the London Conference on Yugoslavia, in particular paras IV, V and VI, reaffirms the importance the Community and its Member States attach to a universally supported commitment to respect for individual rights and fundamental freedoms and against practices like `ethnic cleansing' . With respect to the specific incident referred to, the individual monitors concerned have long since left the ECMM, but it would appear from the records that EC monitors attended a number of meetings in the period 8 to 17 October 1991 with representatives on the JNA and with the local people of Ilok. The monitors reported the very critical situation in the area which, at that time, was totally surrounded by JNA forces. ECMM monitors were also present on 17 October at the evacuation of 3 368 people from Ilok to western parts of Croatia. But the ECMM has no record of any agreement under which these people left, nor of monitors attending the meeting on 14 October at which such an agreement is said to have been reached. Several missions sponsored by the UN and CSCE have been or are about to go to the former Yugoslavia to assess and report on various aspects of human rights violations. The Co-Chairmen of the Steering Committee, of the International Conference on the former Yugoslavia, Lord Owen and Cyrus Vance, recently visited Banja Luka to check first hand allegations of `ethnic cleansing' . Subject: Community policy on bananas How does the Commission intend in practice to ensure that banana imports from third countries (ACP countries, for instance) will be able to enter the Community free of tax after 1993, while at the same time safeguarding the incomes of Community banana producers and particularly banana producers in Crete (Greece), the Canary Islands (Spain), Madeira (Portugal), French Overseas Territories in the Caribbean and Commonwealth countries? Subject: Future arrangements for trade in bananas The current market situation in the banana sector is well known. It is also known that, as of 1 January 1993, it will be particularly difficult to reconcile the opening of frontiers with guaranteeing outlets for Community and ACP production because of pressure from `dollar bananas' . Given the major importance of the banana trade for certain Community regions and ACP countries and in view of reports that this matter was discussed at this week's meeting of the Council of Economic and Finance Ministers, what proposals did the Commission make for the meeting and how were they received? Joint answer to Written Questions Nos 2070/92 and 2252/92given by Mr Delors on behalf of the Commission (23 October 1992) The Honourable Member is referred to the proposal for a Council Regulation on the common organization of the market in bananas ( 1 ) , which the Commission adopted on 31 July 1992 and on which Parliament has been asked for its opinion. Subject: Transfers of civil servants who are elected members of local administrations Does the Commission think that the Greek Government's practice of transferring, whenever expedient, civil servants who are elected members of local administrations is consistent with the Community principles of decentralization and the new regional body set up at Maastricht? Answer given by Mr Delors on behalf of the Commission (26 October 1992) The Honourable Member is referred to the Commission's answers to his Written Questions Nos 1799/91 ( 1 ) and 2236/91 ( 2 ) . Subject: Maltreatment of people in Guatemala The number of acts of violence perpetrated on children in Guatemala in the form of beatings, torture, abductions and extrajudicial executions is increasing. They are carried out by the security forces, particularly the police, sometimes with political backing, though at other times private security agents are involved. In view of this and the fact that there are currently 62 cases pending before the Guatemalan courts with more than 50 police officers facing charges and whereas in only a few isolated cases the investigations result in the culprits being tried, will European Political Cooperation ask the Guatemalan authorities to carry out investigations and bring the perpetrators of these crimes to justice? Answer (1 December 1992) As the Honourable Member will be aware, the Community and its Member States remain concerned by the human rights situation in Guatemala and in particular the plight of street children. They have encouraged the Government of Guatemala to give high priority to the implementation of measures and policies designed to strengthen democratic institutions and achieve full respect for human rights. Practical assistance has been provided through Community projects to help street children and, more generally, to support the work of the Human Rights Procurator and the National Reconciliation Commission. Subject: Hunger strike by Turkish and Kurdish political refugees imprisoned in Greece Seven Turkish and Kurdish political refugees being held in solitary confinement in Koridallos prison in Greece have been on hunger strike for three weeks. They are protesting at the unsubstantiated, serious charges levelled against them by the authorities, the unacceptable conditions in which they are being held and the threat of extradition to Turkey. Will the Ministers meeting in EPC ask the Greek Government to release these seven political refugees and grant them political asylum given that they are being persecuted by the Turkish authorities for their political activities? Answer (1 December 1992) The question raised by the Honourable Parliamentarian does not fall within the competence of the European Political Cooperation. Subject: The situation in the Seychelles The Seychelles has been governed by a dictatorship for the past 14 years. The last elected president, Sir James Mancham, intends to return to his country. Will the Ministers meeting in EPC exert pressure on the dictator Albert René to hold free, multi-party elections in the near future? Answer (1 December 1992) The Community and its Member States are following developments closely in the Seychelles where a democratization process appears to be making headway. Constitutional Commission Elections have been held and will be followed by a referendum and then a General Election. The Community and its Member States will continue to encourage this trend through their contacts with the authorities of the country. Subject: Progress of constitutional talks in South Africa The prospect of peace and democracy in South Africa is once more in jeopardy following the recent Boipatong massacre and the failure of the subsequent visit to that area by President Frederick de Klerk. The leader of the African National Congress, Nelson Mandela, has broken off talks on the constitutional future of the country as a sign of protest against those responsible for the massacre. Will the Ministers meeting in EPC call for an investigation to be conducted by an independent commission to establish the causes of the massacre and determine who was responsible? Will they also call for the constitutional talks between representatives of both sides to be resumed? Answer (1 December 1992) On 23 June 1992, the Community and its Member States expressed their shock at recent appalling incidents of violence, particularly in Boipatong. They called on all parties concerned fully to respect their commitments under the National Peace Accord. They also urged the South African Government to investigate these incidents rapidly and thoroughly, so that those responsible are punished, and noted its commitment to do so. They also called upon the leaders of all parties concerned in South Africa to persevere with determination in the peaceful path to a non-racial democracy, representative of all South Africans, initiated in the framework of Codesa. The Lisbon European Council expressed its deep concern over violence. It noted that the South African Government had Stated its readiness to allow foreign observers to participate in the investigation into the Boipatong massacre, and stressed the absolute need to ensure effective control of the police and security forces. The Council called on all parties to resume negotiations in the framework of Codesa, considering it vital that South Africa should not lose the substantial progress already made in that forum. A Troïka of Foreign Ministers and the Vice-President of the Commission visited South Africa from 2 to 3 September. Agreement was reached on the development of EC observers to be coordinated with those of the UN and other organizations and in association with the Peace Accord, in accordance with SCR 772. The Troïka also made clear the willingness of the Community and its Member States to second experts to the independent task forces to be established by the Goldstone Commission and help in the field of police training as soon as all the parties in South Africa agreed that the time was right. The Community and its Member States strongly condemned the killing and wounding of numerous ANC supporters in Ciskei on 7 September and other recent violent incidents, including the deaths of ten people in Natal on 4 September. They called on all parties to agree to the extension of the National Peace Accord to cover the so-called `independent' homelands, and the South African Government to exercise firm control over the security forces throughout South Africa. The Community and its Member States welcome the re-opening of dialogue between President de Klerk and Mr Mandela and hope that this signifies real and constructive progress and the road to peace and stability for South Africa. The Community and its Member States look forward to an early resumption of constitutional negotiations and hope that all parties in South Africa will play an active part in this. Subject: Muslim fanatics in Egypt For the third time in the last few months, Islamic fundamentalists have attacked Coptic Christians in Egypt, killing six and wounding eight. The last attack began after the Friday prayers: around 200 Muslims came out of the mosque in the village of Samâlût and began to destroy houses and shops belonging to Christians. The Egyptian police intervened immediately, firing shots and killing the leader and deputy leader of the Islamic fundamentalists in the region. The fundamentalists renewed their attacks the following day, killing two more Coptic Christians and two policemen and wounding a number of other people, while engaging in further looting of houses and shops. A few weeks ago the Egyptian writer, Farag Foda, was murdered in Cairo by Islamic fundamentalists. Given that there are around six million Coptic Christians in Egypt out of a total population of 58 million and that they are therefore easy targets for attacks, will the Ministers meeting in EPC urge the Egyptian authorities to take effective action against the Muslim fanatics whose attacks are directed against Christians and moderates? Answer (1 December 1992) The Community and its Member States have raised the issue of violence against religious minorities in Egypt with the Egyptian authorities. The Community and its Member States recognise the efforts which the Egyptian authorities have made to maintain the rule of law throughout the country. The Egyptian authorities are well aware of the importance the Community and its Member States attach to the rule of law and to strict respect for the undertakings to which Egypt has subscribed by her adherence to international conventions. Subject: Annual meeting of heads of State of Community countries In March 1991 I submitted the following question (Written Question No 1230/91) to the Ministers meeting in Political Cooperation: Meetings of the European Council have accustomed public opinion in the Community to the `family portrait' of the Heads of State or Government, who meet three times a year and whose summits determine the main Community issues. However, a large sector of public opinion in the Community often wonders why all of the Heads of State 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 circumstances, meetings of the Heads of State of the Community countries should be organized, in order to authenticate their status as national representatives? Since I have not yet received any reply to his question, could you inform me, in a written reply, of the reason for this considerable delay and could you give me a reply on the substance of the question? Answer (1 December 1992) I would refer the Honourable Member to the reply given to this Written Question No 1230/91 in June 1992. Subject: Execution of Bahman Samandari in Iran In EPC aware that the above-named person was executed on 18 March 1992, that no advance information about the information was given in advance, that no subsequent announcement was made and no official charge or verdict was announced? What steps will the Foreign Ministers take to express condemnation of this violation of human rights? Answer (1 December 1992) I would refer the Honourable Member to the replies given in response to oral question Nº H-0544/92 and to Written Question No 1852/92 on this same subject. Subject: Linguistic requirements for elections I infer from Commissioner Bangemann's answer to Written Question No 356/92 ( 1 ) that Member States are free to make the rights to vote and the right to stand for election conditional on a knowledge of the local language. Can the Commission explain its position, as it has itself Stated that it `does not propose to link the exercising of these rights with proof of proficiency in the official language . . .' Answer given by Mr Bangemann on behalf of the Commission (21 October 1992) In order to respect the competence of Member States regarding the use of an official language or languages and the latter's importance as an element of the cultural identity of each Member State, the Commission will refrain from taking any action in this connection when, following the entry into force of the Treaty on European Union, arrangements for applying Article 8b of that Treaty are proposed. Subject: Community emergency aid to disaster victims Will the Commission give a breakdown of the Community emergency aid to disaster victims provided since 1 January 1989 within the European Community, setting out the total amounts paid out by the EC per disaster? Answer given by Mr Delors on behalf of the Commission (29 October 1992) The aggregate amounts paid out as emergency aid to disaster victims in the Community from 1989 to 1992 are as follows (Ecu millions): Tables giving full details will be sent direct to the Honourable Member and to Parliament's Secretariat. Subject: Burial of household waste at Rognes (Bouches-du-Rhône) The municipality of Rognes, which is preparing to take household waste from the neighbouring municipalities, recently received a permit from the prefect increasing its waste disposal capacity to 110 tonnes per day, although the waste produced by the neighbouring municipalities does not exceed 35 tonnes per day. In addition to the fact that this project is not in keeping with the spirit of the law of 15 July 1975 and the circular of 18 May 1977, which recommends the recycling of waste, it contravenes the guidelines of the National Environmental Plan. Moreover, it ignores the implication of Community law (Directive 75/442/EEC ( 1 ) (particularly Article 3) and Directive 91/156/EEC ( 2 ) ). Since this type of landfill will be abolished once these Directives are transposed into French law, which is due to take place in 1993: 1. Does the Commission consider that this project is compatible with its guidelines on waste treatment? 2. If not, what pressure will it bring to bear on France to prevent this outdated project from being carried out in its planned form? Answer given by Mr Van Miert on behalf of the Commission (19 October 1992) Article 4 of Directive 75/442/EEC States that Member States shall take the necessary measures to ensure that waste is disposed of without endangering human health and without harming the environment. Article 5 of Directive 91/156/EEC, which amends Directive 75/442/EEC, States that Member States shall take appropriate measures to establish an integrated and adequate network of disposal installations. Where necessary, these obligations may be met through cooperation between neighbouring regions to establish joint waste disposal facilities for those regions. For this reason, the establishment of a disposal installation with capacity in excess of the needs of a region may be compatible with the objectives of the Directive. Consequently, the Rognes municipality project as described in the Written Question is not incompatible with the objectives of Directive 75/442/EEC as amended. Subject: Censorship in Portugal in the selection of entries for the European Literature Prize Following the series of events which led to the exclusion by the Portuguese Government of José Samarago's book `O Evangelo sengundo Jesus Cristo' (The Gospel according to Jesus Christ) from the list of entries for the European Literature Prize on publicly declared philosophical and religious grounds, the State Secretary for Culture, Santana Lopes, President-in-Office of the Council of Ministers for Culture of the European Community, made serious Statements at the end of the Council meeting in Brussels with regard to the European Parliament and its President, which were disrespectful of the European Literature Prize and which gave political support to Under-Secretary of State, Sousa Lara, responsible for this act of censure. Bearing in mind that, in the second phase of drafting this list, the express wishes of the author, José Samarago, that his book should not be included, given the rejection by the Secretary of State for Culture, censorship and the irregularities in the first phase of the selection process, were ignored; and whereas, since then, the Portuguese Secretary of State for Culture has continued to make disparaging remarks about the dignified and understandable attitude of José Samarago: Does the Council share the attitude and opinion of the President-in-Office of the Council of Ministers for Culture of the European Community with regard to the European Parliament, its President and the value of the European Literature Prize, or is it merely a personal and politically unacceptable view? Answer (1 December 1992) 1. At the meeting of the Council and the Ministers for Culture meeting within the Council on 18 May 1992, to which the Honourable Member refers, no question relating to the European Literature Prize was raised. 2. It should, moreover, be noted that, pursuant to the resolution of 18 May 1989 ( 1 ) concerning the promotion of books and reading, organizational rules relating to the European Literature Prize and the European Translation Prize were established by the Committee on Cultural Affairs. Those organizational rules provide for each Member State selecting a maximum of three separate works for submission to the European jury. Each Member State lays down the requisite selection procedure for that purpose. 3. It is not for the Council to take a position on the criteria underlying the choice made by a Member State with regard to the selection of national candidates for submission to the European jury. Subject: Special VAT rate for the Netherlands It appears that the Ecofin Council has granted the Kingdom of the Netherlands permissions, in derogation from the rule generally applicable, to continue to levy a reduced rate of VAT (6 %) on ornamental plant products until 31 December 1997. Producers in neighbouring countries, particularly Belgium, rightly fear that they will suffer from the behaviour of unscrupulous wholesalers buying up ornamental plant products in the Netherlands, importing them without any declaration — a practice which will be encouraged by the abolition of frontier checks — and then benefiting from the difference in VAT rates by selling the products at a lower price. Is not the granting of this special rate entirely at variance with the underlying philosophy of a single market? What does the Council intend doing? Answer (7 December 1992) On 19 October 1992 the Ecofin Council adopted a Directive supplementing the common VAT system as regards inter alia the VAT rates applicable to ornamental plant products. Article 1(d) of that Directive States that the ruling concerning the taxation of the said products are to be decided unanimously by the Council before 31 December 1994 on the basis of a Commission proposal. It also provides that, until 31 December 1994, those Member States currently applying a reduced rate may continue to do so and that those currently applying a standard rate may not apply a reduced rate. This will allow a two-year postponement of the application of the standard rate. Subject: Limiting the amount of toxic waste in the EC The Commission requires Member States to draw up waste management plans, and has also laid down procedures for supervising and controlling the transportation of waste. The Commission is also engaged in various studies. In answer to Written Question No 2060/91 ( 1 ) , the Commissioner States that `it is not possible to indicate at this time, when the results of these activities will become available' . Could the Commissioner give details of research projects? Is the Commissioner now able to indicate when information may be available? Does the Commission not believe that environmental and health considerations indicate it would be wise to control, where possible, the amount of toxic waste in the EC? Has the Commission any plans, therefore, to set limits to the amounts of toxic wastes that Member States may import? Answer given by Mr Van Miert on behalf of the Commission (19 October 1992) Further to the information given in its reply to Written Question No 2060/91 the Commission can indicate to the Honourable Member the titles of the most relevant studies and expected dates for the availability of final reports: 1. Implementation of a Community network of waste management facilities (end 1992); 2. Model waste management programme (end 1992); 3. Structure and economic importance of the waste management services and of the waste disposal industry in the European Community (end 1992); 4. Recycling of waste (end 1992); 5. Harmonization and Improvement of Reporting Procedures Provided for in Waste Directives and Regulations (end 1992); 6. Analysis of packaging and packaging waste flows (end 1992); 7. Waste transport inside and outside the Community with regard to the application of the principles of proximity and self-sufficiency in the areas of waste disposal (end 1993); 8. Development of Community waste statistics (1995/1996). As to the control of hazardous wastes and their movement in the Community, Council Directives 78/319/EEC ( 1 ) on toxic and dangerous waste, 91/689/EEC ( 2 ) on hazardous wastes which will replace the former, and 84/631/EEC ( 3 ) on the control of transfrontier shipments of hazardous wastes, to be substituted by a Council Regulation actually under discussion in the Council, attribute the responsibility of management and control of waste entirely to Member States and the Commission has no operational responsibility. The transfrontier shipment of waste in particular, requires the agreement of both the authorities of the country of dispatch and of destination who can determine the quantities acceptable to them in view of the existence of disposal and/or recovery facilities. Subject: Arrest and torture in Spain — Catalonia Recent reports in the Spanish press have raised serious concern with regard to the respect of human rights. The arrest in Catalonia of about 30 people, seven of whom were subsequently released on bail and five unconditionally has unleashed a storm of protest across the political spectrum. It appears that the arrests were `not, strictly speaking, legally justified but were politically motivated' , that `the principle of medical secrecy was infringed' , newspaper editorial offices were raided without any authorization or warrant, `requests for legal assistance were denied' and `people were arrested simply for their separatist views, to which they were perfectly entitled' (The President of the Catalan Autonomous Government). Moreover, during their detention the prisoners were tortured, as testified by Dr Oriol Marti in a press conference, where he said that `Torture is practised in Spain and it is necessary to say so out loud' . Dr Marti, a member of the PCC leadership, was one of the five prisoners released unconditionally having been subjected to prolonged and brutal interrogation. In view of the human rights issues involved, has the EPC adopted a position or does it intend to do so? Answer (1 December 1992) As this subject does not fall within the competence of EPC, the answer to both questions is no. Subject: Discrimination against masseurs In the Netherlands, Dutch masseurs are not allowed to establish themselves in areas where the population is below a certain level, their distribution being determined by population density. Because of the saturation of the employment market in this sector, Dutch masseurs are frequently entering the German employment market. Is the Commission aware that a German masseur, on the other hand, is unable to apply for employment in the Netherlands? Does the Commission consider that this is resulting in further destructive competition for German masseurs and that they are therefore not enjoying equal opportunities in the internal market? What will the Commission do to remedy the situation? Answer given by Mr Bangemann on behalf of the Commission (20 October 1992) In the Netherlands, a distinction has to be made between the profession of masseur per se and that of physiotherapist, whose activities include massage. In that country, the exercise of the profession of masseur is not subject to the possession of a diploma within the meaning either of Directive 89/48/EEC on a general system for the recognition of higher-education diplomas ( 1 ) or of Directive 92/51/EEC on a second general system for the recognition of professional education and training ( 2 ) . Under these circumstances, the Commission considers that a German masseur wishing to pursue his profession in the Netherlands faces no greater obstacles there than Dutch masseurs. By contrast, the profession of physiotherapist in the Netherlands is regulated within the meaning of Directive 89/48/EEC. In other words, persons wishing to exercise the profession and use the title of physiotherapist must have completed a four-year higher-education course. One of the conditions for the application of Directive 89/48/EEC is that the diploma held by a migrant must also attest to completion of a higher-education course of at least three years' duration. Since two years' training is required in Germany to exercise the profession of masseur, this Directive does not apply to German masseurs wishing to take up the profession of physiotherapist in the Netherlands. However, German masseurs will be covered by Directive 92/51/EEC from the date of its entry into force, i.e. 18 June 1994. Meanwhile, the Commission considers that, in accordance with the judgments delivered by the Court on 15 October 1987 in Case 226/86 Unectef v. Heylens and on 7 May 1991 in Case C-348/89 Vlassopoulou, the competent Dutch authorities are obliged to give due consideration to a German masseur's diploma, to compare it with the required diploma of physiotherapist and to require of the migrant only the missing elements of his training as compared with a Dutch physiotherapist's diploma, whether in terms of content or duration. According to the information at the Commission's disposal, the right to take up the profession of physiotherapist or masseur in the Netherlands is not subject to possession of an `establishment' authorization linked to population density. In conclusion, the Commission is of the opinion that a masseur from Germany wishing to exercise the profession either of masseur or of physiotherapist in the Netherlands should not encounter there any obstacles to freedom of movement as these would be in breach of Community law. Subject: Refugees from former Yugoslavia The wave of refugees from the war areas of former Yugoslavia is increasing every day. In Rijeka and the surrounding area alone there are some 45 000 people waiting in degrading conditions for the end of the war. There is a lack of food and medical care, and living conditions are very unhygienic and very poor. Added to this there is a further worrying factor: young girls are continually being abducted from the camps by the militia against their will without any explanation and many of them have disappeared. What resources is the Community at present making available to Croatia for the reception of refugees? Is there any monitoring of the treatment of the refugees in these camps? Will the Community simplify procedures for taking in refugees in the Member States and increase the quotas in order inter alia to relieve the pressure on those countries that are no longer able or willing to take in refugees and offer them decent living conditions? Answer (1 December 1992) The Honourable Member is referred to the reply given in response to Oral Question H-0852/92 on the same subject. Subject: Grants for EC students Is the Commission aware that British families who exercise their rights as European Community nationals to work in an EC State other than in Britain can find that their children are denied access to student loans and grants in Britain to complete their higher education at British universities on the grounds that they or their parents do not meet a residence qualification? Will the Commission confirm that this is in contradiction to the spirit of the Single Market and the free movement of people and fundamentally denies British citizens the right to take full advantage of the mobility of labour promised by the Single Market post-January 1993? Answer given by Mrs Papandreou on behalf of the Commission (9 November 1992) The Commission would refer the Honourable Member to the reply to her Oral Question H-567/92 which it gave during question time at Parliament's September 1992 part-session ( 1 ) . Subject: Measures taken by the Twelve to implement the Lisbon decision on the non-recognition of Skopje under the name Macedonia At the Lisbon Summit the Twelve decided not to recognize Skopje under the name of Macedonia. Will the Foreign Ministers meeting in EPC say: 1. What they have done to implement the above decision? 2. How they have reacted to the decision by President Yeltsin to recognize Skopje under the name of `Macedonia' , given that Russia is receiving vast amounts of aid from the Community, and also to the provocative Statements made by Turkey on the recognition of the Republic of Skopje? 3. How do the `Twelve' intend to react to the provocative stance taken by the United Kingdom, which currently occupies the presidency of the Community, and which, while adopting the Lisbon decision, has nevertheless allowed officials from Skopje travelling on passports bearing the name of Macedonia to enter the UK to attend the international conference? 4. Finally, how do the Twelve — including the United Kingdom — intend to implement the Lisbon decision following the economic and political concessions made by Greece to the Community so that Skopje should not be recognized under the name of Macedonia? This is important because the Greek people have the impression that this decision was merely a charade to calm Greek public opinion; 5. What measures do the Twelve intend to take if Skopje is recognized by third countries under the name of Macedonia? Answer (1 December 1992) The Honourable Member is referred to the replies given in response to Oral Question H-0698/92 and H-0867/92 on the same subject.