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This is an artificial example extracted from
the machine readable version
of the Official Journal of the European
Communities, Written Questions
(1993), Series C
Volume 36 Number 016 Language English
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</AVAILABILITY><PUBDATE>
1997
</PUBDATE></PUBLICATIONSTMT><SOURCEDESC><BIBLSTRUCT><MONOGR><H.TITLE>
Official Journal of the
European Communities, Written Questions
Series C Volume 36 Number
016 Language English
</H.TITLE><IMPRINT><PUBDATE>
1993
</PUBDATE></IMPRINT></MONOGR></BIBLSTRUCT></SOURCEDESC></FILEDESC><PROFILEDESC><LANGUSAGE><LANGUAGE ID="EN" ISO639="en">
English
</LANGUAGE></LANGUSAGE></PROFILEDESC></CESHEADER><TEXT LANG="en"><BODY><DIV TYPE="Article" LANG="en"><HEAD>
WRITTEN QUESTION <ABBR>
N§
</ABBR><NUM TYPE="wqref">
1463/91
</NUM>by <NAME TYPE="PERSON"><ABBR REND="TAIL-SUPER">
Mrs
</ABBR>
Brigitte
Ernst de la Graete
</NAME>(V) to the Commission of the European
Communities (<DATE>
16 July 1991
</DATE>)
</HEAD>Subject: Energy cooperation:
assessment
Assessment of the Lom ; programmes
of action in the ACP countries has
brought to light various technical
and political problems in respect
of energy projects (particularly
hydro-electric power stations). It has
been shown that certain projects are
not feasible because of a lack of
funding in the ACP countries
concerned, inaccurate economic,
environmental and social impact
studies or insufficient qualified
personnel to supervise and plan the
implementation of projects.
Who carried out the assessment and
who provided the funding?
Can detailed results be forwarded to
Parliament?
What conclusions does the Commission
draw from this for future purposes?
Answer given by Mr
Marin
on behalf of the Commission
( 8 September 1992
)
The assessment of energy projects in
ACP countries to which
the Honourable Member refers was
carried out by Sussex Research
Associates Ltd of Britain, in tandem
with Lahmeyer International
of Germany.
The assessment was funded under the
Article entitled `evaluation of
the results of Community aid and
practical follow-up measures'
within the Chapter of the 1986
budget on `specific measures for
cooperation with developing
countries' .
The Commission will forward directly
to the Honourable Member
and to Parliament's Secretariat a
copy
of the May 1988
summary report on this evaluation of
energy projects in ACP countries.
All assessments seek to make it
possible to use the lessons of past
experience to improve action in the
future. In this particular case,
thanks to the recommendations of the
study (which were turned into `basic principles' by the
meeting of the ACP-EEC Council of
Ministers of 6 and 7 May
1991 ), the departments of
the Commission with responsibility
for this field now possess guidelines
which promise to improve activities
in energy-related matters.
</DIV><DIV TYPE="Article"><HEAD>
WRITTEN QUESTION <ABBR>
N§
</ABBR><NUM TYPE="wqref">
2579/91
</NUM> by <NAME TYPE="PERSON"><ABBR REND="TAIL-SUPER">
Mrs
</ABBR>
Hedwig Keppelhoff-Wiechert (PPE)
</NAME> to
the Commission of the
European Communities (<DATE>
14 November
1991
</DATE>)
</HEAD>Subject: Tax discrimination against
cross-border workers in the
German-Netherlands border area
Tax arrangements for cross-border
workers are governed by an
agreement concluded by Germany and
the Netherlands on 16
June 1959 with the purpose of
preventing double taxation. In
1980, a protocol to the agreement
laid down that 90 % of income must be
earned in the country of employment
in order to ensure that Dutch
cross-border workers were placed on
an equal footing with German workers.
However, a Dutch cross-border worker
who does not meet the 90 %
requirement is not entitled to the
wages tax annual adjustment in
the Federal Republic of Germany. What will the Commission do to end
his discrimination?
Answer given by Mrs
Scrivener on behalf
of the Commission ( 26 October 1992 )
Under German income tax law, the
wages tax annual
adjustment
(Lohnsteuerjahresausgleich) is available only to persons with
unlimited tax liability
(unbeschrenkte
Steuerpflicht), i.e. who have their
permanent address or are ordinarily
resident in Germany.
Accordingly, frontier workers who
have their permanent address in another
Member State, except those covered
by the additional protocol of 18 March 1980 to the
Convention concluded on 16 June 1959 between Germany
and the Netherlands with a view
to avoiding double taxation, may not
benefit from the wages tax annual
adjustment.
The Commission takes the view that
the exclusion from the annual
adjustment of frontier workers who
do not have their permanent address
or are not ordinarily resident in
Germany is an infringement of
Article 48
of the EEC Treaty and of Article 7
(2) of Council Regulation (EEC)
No 1612/68 on freedom of movement
for workers within the Community
(1) . It
has, therefore, initiated infringement
proceedings against Germany under
Article 169.
(1) OJ N§ L
257, 19. 10. 1968.
</DIV><DIV TYPE="Article"><HEAD>
WRITTEN QUESTION <ABBR>
N§
</ABBR><NUM TYPE="wqref">
3210/91
</NUM> by <NAME TYPE="PERSON"><ABBR REND="TAIL-SUPER">
Mr
</ABBR>
Jean-Pierre Raffarin (LDR)
</NAME> to the
Commission of the
European Communities (<DATE>
28 January
1992
</DATE>)
</HEAD>Subject: The legal implications of
classifying non-game birds
The Muntingh report on hunting calls
for certain species of game birds
to be protected on the grounds that
they are liable to be confused with
protected species, when hunters are
known for their knowledge of fauna
and are perfectly able to
distinguish between different species.
Looking at these proposals from a
legal point of view, is the Commission
aware that the resulting case law
will
give legal force to what is no more
than an approximation?
Answer given by Mr
Van Miert on behalf of the
Commission ( 4 September 1992
)
The report referred to by the
Honourable Member is not the sort which
can have direct legal effects per
se.
Although the Commission is aware
that the report could be used, albeit
in combination with many other
elements, for interpreting certain
provisions of Directive 79/409/EEC,
or its amendment, relating to the protection
of wild birds, it would point out
that this could happen only in
exceptional circumstances, and the
same applies for all reports or
similar documents which may be
considered part of the preparation
work for Community legislation.
</DIV></BODY></TEXT></CESDOC>
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