WRITTEN QUESTION P-0931/00 by Eija-Riitta Korhola (PPE-DE) to the Commission. Participation of research partners from developing countries in environmental research programmes funded by the EU.
C 374 E/188 Official Journal of the European Communities EN 28. 12. 2000 In Germany, the law also states that a private company or partnership is required to publish its accounts, but if it does not, it is subject to a small fine. It appears that many German companies prefer to pay the fine and not publish their accounts, because they do not wish to give their competitors a commercial advantage. Can the Commission please advise: 1. Whether it considers this discrepancy in national legislation to contravene internal market principles, since it provides an unfair competitive advantage to certain categories of company? 2. Whether the competitive disadvantage of UK private companies is reflected in other countries, apart from Germany? 3. If the answer to 1 is affirmative, what action it proposes to take to address the problem? Answer given by Mr Bolkestein on behalf of the Commission (14 April 2000) The Commission does view as a breach of internal market principles the failure by national authorities to ensure the publication of annual accounts by limited companies (as required by the First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (1) and Fourth Council Directive 78/660/EEC of 25 July 1978 on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (2)). For this reason, infringement proceedings were launched against Germany in relation to its failure to impose appropriate sanctions against companies which fail to file their annual accounts as required by Articles 2(1)(f), 3 and 6 of Council Directive 68/151/EEC and Article 47(1) of Council Directive 78/660/ EEC. The Court of justice gave a judgement in the Commissionís favour on the 28 September 1998 (Case C-191/ 95) stating that á by failing to provide for appropriate penalties in cases where companies limited by shares fail to effect compulsory disclosure of their annual accounts as prescribed, in particular, by Articles 2(1)(f), 3 and 6 of the First Directive, in conjunction with Article 47(1) of the Fourth Directive, the Federal Republic of Germany has failed to fulfil its obligations under those directivesí. Consequently, Germany is currently adopting legislation which will rectify the situation. The Commission is not aware of this problem existing in any other Member State. (1) OJ L 65, 14. 3. 1968. (2) OJ L 222, 14. 8. 1978. (2000/C 374 E/221) WRITTEN QUESTION P-0931/00 by Eija-Riitta Korhola (PPE-DE) to the Commission (22 March 2000) Subject: Participation of research partners from developing countries in environmental research pro- grammes funded by the EU The key to the development of developing countries is for those countries themselves to have the opportunity to participate in development work, i. e. both in defining problems and in seeking solutions to them. Hitherto the EU has not, on the whole, pursued this approach with regard to projects in the field of science and technology which relate to developing countries. 28. 12. 2000 EN Official Journal of the European Communities C 374 E/189 The EUís framework programmes do not extend to developing countries. In other words, it is not possible, for example, for partners from North Africa to participate in environmental science and technology projects. Nothing prevents them from carrying out research, but there is no scope for funding, as developing countries cannot join consortia in search of funding. Why is this so ü surely, opportunities for Russia, for example, to participate have been increased? Has the matter been considered with reference to the fact that, for instance, desertification problems in North Africa or the problems of the Mediterranean are located on the EUís own doorstep? In the form taken by funding, will the EU give greater responsibility to local researchers, to ensure that action continues after the financing has ceased and that projects are not implemented without any input from local researchers? Answer given by Mr Busquin on behalf of the Commission (14 April 2000) The Commission fully endorses the Honourable Memberís view regarding the role of research in the development of developing countries and the fact that research should be demand-led and target the problems of development in those countries. The thematic programmes of the 5th framework programme do indeed allow for the participation of developing countries, albeit without the possibility of Community funding (the situation is the same for Russia), but this is progress over the 4th framework programme which was only open in part to them. However, they do have two possibilities specially reserved for them under the horizontal programme INCO: the INCO-DEV action which aims specifically at promoting scientific and technical cooperation between the Community and all developing countries; and the INCO-MED action which concerns only the Mediterranean countries involved in the areas specific to this region. The problem of water, including the problems of desertification, is one of the central themes of INCO-MED. These two programmes, with their ongoing dialogue with the representatives of these regions, link them not only to the area of cooperation but also to selection of proposals, especially as regards their relevance to the development of the region. Furthermore, the methods of implementing INCO-DEV and INCO-MED not only authorise but actually encourage initiatives from developing countries. In any case the participation of scientists from these countries on an equitable basis is one of the conditions for eligibility of the proposals received under these programmes. One of the objectives is to help to increase the research capacities of these countries, through joint research between them and the Community to help them take increasing charge of their role in their development process. (2000/C 374 E/222) WRITTEN QUESTION E-0939/00 by Antonio Di Pietro (ELDR) to the Commission Subject: Belgian legislation on clinical biology laboratories (29 March 2000) In Belgium, Royal Decree No 143 of 30 December 1982 stipulates that individuals who are not qualified to carry out medical tests may not occupy any kind of supervisory position in clinical biology laboratories