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C 102/18 EN Official Journal of the European Communities 3. 4.

98

The Commission is monitoring very closely the new measures which Morocco is applying to all fishing fleets
operating in its waters as well as those which apply only to Moroccan vessels.

At that meeting of the Joint Committee, Morocco told the Community that it intended to take further steps to
protect juvenile fish and their breeding grounds.

After stressing this requirement throughout the year, the Community received a letter dated 8 August 1997 from
the Moroccan authorities stating that their fishermen had been banned from fishing for cephalopods within the
12-mile zone from 11 to 31 August 1997.

(98/C 102/27) WRITTEN QUESTION E-2227/97


by Frode Kristoffersen (PPE) to the Council
(18 July 1997)

Subject: Sexual harassment in the workplace

Does the Council consider the Commission’s announced plans to initiate EU legislation on the degree and scale
of sexual harassment in the workplace in individual Member States to be in keeping with the principle of
subsidiarity?

Answer
(10 November 1997)

On 19 March 1997 the Commission sent the social partners a text on sexual harassment in the workplace for a
second stage of consultation. This means that to date the Council has not received any proposal from the
Commission.

It is understood that the Council will examine any legislative proposal on the subject in compliance with Article
3b of the EC Treaty concerning the principles of subsidiarity and proportionality as well as the provisions of the
Social Agreement, in particular Article 2(1) thereof, which mentions, among other fields of competence, equality
between men and women regarding job opportunities and treatment at work.

It should also be noted that under the Amsterdam Treaty the Social Agreement is to be incorporated into the
Treaty establishing the European Community.

(98/C 102/28) WRITTEN QUESTION E-2243/97


by Concepció Ferrer (PPE) to the Council
(18 July 1997)

Subject: Transport of animals throughout the EU

In May 1997 the Council of Agriculture Ministers reached an agreement on the Community criteria governing
the transport of animals throughout the European Union. The agreement laid down various rules which will come
into force on 1 January 1999 to guarantee the welfare of such animals.

What is the Council’s estimate of the effects which the application of these measures will have on the price of
meat products?

Answer
(10 November 1997)

At its meeting on 25 June 1997 the Council adopted Regulation (EC) No 1255/97 (1) concerning Community
criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC. This
Regulation, which will apply as from 1 January 1999, lays down certain standards designed to guarantee the
welfare of animals obliged to stay at staging points after a specific length of journey.
3. 4. 98 EN Official Journal of the European Communities C 102/19

These provisions cover the establishment of health, hygiene and operating measures to apply to the building and
operation of those staging points.

In adopting this Regulation, however, the Council decided to leave it to the Member States to choose the financial
and technical means for attaining this objective.

As the nature and amount of the investment needed to put these new infrastructures in place is a matter for the
individual Member States, the Council is not in a position to estimate the impact of introducing these measures
on the cost of meat products.

The Council would point out that this Regulation, like other decisions taken over the last few years, comes within
the context of a policy of animal welfare protection more and more demanded by European citizens and
enshrined in a Protocol to the Treaty of Amsterdam.

(1) See OJ L 174, 2.7.1997, p. 1.

(98/C 102/29) WRITTEN QUESTION E-2249/97


by Luigi Caligaris (ELDR) to the Commission
(2 July 1997)

Subject: Direct negotiations on exclusive purchase between oil companies and service station managers in Italy

Oil companies have drawn up unilateral economic agreements (direct negotiations), which are all virtually
identical, applicable to the annual negotiations with individual service station managers for the exclusive
purchase of fuels and non-oil products.

The legitimacy of this system has already been called into question by the authority responsible for competition
and markets at Community and national level on the basis of Community Regulation No 1984/83 (1) of 22 June
1983 and national law No 287/90 of 10 October 1990.

1. Will the Commission say whether the behaviour of the oil companies and the individual clauses in the
direct agreements between oil companies and managers comply with the rules of competition?

2. Will it say whether the clauses concerning non-oil products are compatible with Community law?

(1) OJ L 173, 30.6.1983, p. 1.

Answer given by Mr Van Miert on behalf of the Commission


(4 September 1997)

The Commission has received a complaint concerning the contracts concluded in Italy between oil companies
and fuel retailers.

Normally the Commission carries out a preliminary examination of a complaint before stating what action it
intends to take.

In its preliminary examinations, the Commission takes account of the Community interest of the cases submitted
to it and the existence of alternative remedies for the complainants.

In this particular instance, the Commission has carried out a careful examination of the complaint and invited the
complainants to come and argue their case at a meeting held in Brussels. Following its examination, the
Commission notes that the main effects of the agreements are confined to Italy and that the conformity of the
agreements with Community law must be examined in the light of the relevant Regulation (1).