 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 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 can not 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 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 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 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 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 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 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 3500 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 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 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 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 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 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 18400 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 1500 million, gradually reaching Ecu 2500 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 ` 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 808/92 given 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 ( £ 3535775 ). 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 £ 710192 ). 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 ? 