<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><DIV TYPE="Q" "=""><HEAD>
Subject: Energy cooperation:
assessment

</HEAD><P>
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.

</P><P>
Who carried out the assessment and
who provided the funding?

</P><P>
Can detailed results be forwarded to
Parliament?

</P><P>
What conclusions does the Commission
draw from this for future purposes?

</P></DIV><DIV TYPE="R"><HEAD>
Answer given by <NAME TYPE="PERSON"><ABBR REND="TAIL-SUPER">
Mr
</ABBR> 
Marin
</NAME>on behalf of the Commission 
(<DATE>
8 September 1992
</DATE>)
</HEAD><P>
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 <Q>
`evaluation of 
the results of Community aid and
practical follow-up measures'
</Q> 
within the Chapter of the 1986
budget on <Q>
`specific measures for
cooperation with developing
countries'
</Q>.

</P><P>
The Commission will forward directly
to the Honourable Member 
and to Parliament's Secretariat a
copy
of the <DATE>
May 1988
</DATE>summary report on this evaluation of
energy projects in ACP countries.

</P><P>
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 <Q>
`basic principles'
</Q> by the
meeting of the ACP-EEC Council of 
Ministers of <DATE>
6 and 7 May
1991
</DATE>), the departments of
the Commission with responsibility
for this field now possess guidelines 
which promise to improve activities
in energy-related matters.

</P></DIV></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><DIV TYPE="Q"><HEAD>
Subject: Tax discrimination against
cross-border workers in the 
German-Netherlands border area

</HEAD><P>
Tax arrangements for cross-border
workers are governed by an 
agreement concluded by Germany and
the Netherlands on <DATE>
16 
June 1959
</DATE> 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.

</P><P>
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.
</P><P>
What will the Commission do to end
his discrimination?

</P></DIV><DIV TYPE="R"><HEAD>
Answer given by <NAME TYPE="PERSON"><ABBR REND="TAIL-SUPER">
Mrs
</ABBR> Scrivener
</NAME> on behalf
of the Commission (<DATE>
26 October 1992
</DATE>)
</HEAD><P>
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.

</P><P>
Accordingly, frontier workers who
have their permanent address in another
Member State, except those covered
by the additional protocol of <DATE>
18 March 1980
</DATE> to the
Convention concluded on <DATE>
16 June 1959
</DATE> between Germany
and the Netherlands with a view 
to avoiding double taxation, may not
benefit from the wages tax annual 
adjustment.

</P><P>
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
 <REF TARGET="NOTE1">
(1)
</REF>. It
has, therefore, initiated infringement 
proceedings against Germany under
Article 169.
</P><NOTE N="1" ID="NOTE1">
   (1) OJ <ABBR>
N§
</ABBR> L
   257, 19. 10. 1968.
</NOTE></DIV></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><DIV TYPE="Q"><HEAD>
Subject: The legal implications of
classifying non-game birds

</HEAD><P>
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.

</P><P>
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?

</P></DIV><DIV TYPE="R"><HEAD>
Answer given by <NAME TYPE="PERSON"><ABBR REND="TAIL-SUPER">
Mr
</ABBR> 
Van Miert
</NAME> on behalf of the
Commission (<DATE>
4 September 1992
</DATE>)

</HEAD><P>
The report referred to by the
Honourable Member is not the sort which 
can have direct legal effects per
se.

</P><P>
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.

</P></DIV></DIV>




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