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25. 2.

98 EN Official Journal of the European Communities C 60/15

Moreover, budget cutbacks have resulted in a reduction in the allowances paid to persons in receipt of
unemployment benefit who help the custodians of these sites on Sundays and in the afternoons, these allowances
amounting to a paltry LIT 8 000 per day. The decision to allow free entry to such places has also reduced the
scope for raising funds to overcome the spending cuts implemented as a result of the austerity measures
introduced by the Ministry for Cultural Affairs.

Can the Commission draw up a directive aimed at increasing the number of staff employed to guard and look
after archaeological sites and at employing auxiliary staff, who would be given regulatory uniforms and
empowered to carry out the necessary checks?

Can it draw up a directive governing the opening hours and opening days of archaeological sites, with particular
attention to those days on which the greatest number of visitors can be expected, and providing for effective
supervision measures?

Can it set up a European fund to provide assistance in setting up suitable schemes for supervising and
safeguarding archaeological sites in the Community?

Answer given by Mr Oreja on behalf of the Commission

(6 May 1997)

Article 128 of Title IX of the EC Treaty lays down that the Community will ‘contribute’ (para.1), ‘aim at
encouraging’ (para 2) and ‘foster’ cooperation (para. 3) in the cultural field. Para. 5 empowers the Council to
adopt incentive measures (excluding any harmonization of the laws and regulations of the Member States) and

These provisions do not empower the Commission to propose a directive.

(98/C 60/33) WRITTEN QUESTION E-1228/97

by Evelyne Gebhardt (PSE) to the Commission
(7 April 1997)

Subject: Discrimination against Union citizens in the Federal Republic of Germany

Union citizens who apply in the Federal Republic of Germany for an unlimited residence permit under the
Federal German law on residence are required, pursuant to paragraph 7a(1)(3) of that law, to prove that they have
adequate housing as laid down in paragraph 17(4) of the law on aliens. They must provide this proof even if they
have been living in Federal Republic of Germany for many years and are married to a German citizen.

1. Does the Commission regard this rule as compatible with the requirement not to discriminate against Union
citizens in the European Union, as laid down in Article 6 of the EC Treaty?

2. What view does the Commission take of this provision in the light of the introduction of Union citizenship
and the principle of equal treatment of Union citizens?

Answer given by Mr Monti on behalf of the Commission

(11 July 1997)

The German Law on residence by Community nationals (Aufenthaltsgesetz/EWG) provides for two types of
residence permit: a permit valid for at least five years (in accordance with the relevant Community legislation)
may be issued under paragraphs 1 and 3 of the Law, while a permit which is valid indefinitely may be issued
under paragraph 7a (subject to requirements not laid down in Community legislation being met, such as suitable
accommodation (1)).

Both options are available to Community citizens. The relevant Community legislation requires Member States
to introduce residence permits which are valid for at least five years. That requirement is met by paragraphs 1 and
3 of the German Law. Community citizens may also take up the second option, i.e. residence permits which are
valid indefinitely under paragraph 7a of the Law. However, such permits, which confer a number of additional
advantages, are issued on the basis of national legislation which may contain specific requirements different to
those stipulated by Community legislation.
C 60/16 EN Official Journal of the European Communities 25. 2. 98

Provided that Community citizens are in all cases entitled to be issued with a residence permit which complies
with the requirements laid down by Community legislation, it is admissible for national law to provide for the
existence of other types of residence permit issued on the basis of national law and conferring additional
advantages in return for compliance with additional requirements.

(1) In Community legislation, this requirement exists only with reference to workers' families-see Article10(3) of Regulation
(EEC) No 1612/68 (OJ L 257, 19.10.1968).

(98/C 60/34) WRITTEN QUESTION P-1260/97

by Quinı́dio Correia (PSE) to the Commission
(2 April 1997)

Subject: Late payment of subsidies to banana producers in Madeira

There have recently been reports of lengthy delays in the payment of Community subsidies to banana producers
of the Autonomous Region of Madeira.
− Can the Commission confirm that these delays have occurred?
− On what date were the monies transferred by the Commission to enable these subsidies to be paid and what
were the amounts in question?

Answer given by Mr Fischler on behalf of the Commission

(21 April 1997)

Under the common organization of the market in bananas, aid is granted to organizations of Community
producers to offset loss of income.

Compensatory aid for a given year is calculated in the first months of the following year, once the annual
marketing data is available and has been verified. There is a problem with certain data for 1996 and additional
checks are needed. This is why the balance could not be paid by the deadline of 31 March. However, the delay in
payment can hardly be considered that great at this stage. Moreover, it should be remembered that producers’
organizations received advances on the compensatory aid during 1996.

In view of the outstanding problems, the Commission is unable to specify either the final amount of aid or the
exact date on which it will be fixed. However, some indication of the time scale involved can be given. The draft
Regulation fixing the amount of compensatory aid for 1996 should be submitted to the Management Committee
for Bananas in mid-April.

(98/C 60/35) WRITTEN QUESTION E-1280/97

by Daniela Raschhofer (NI) to the Commission
(11 April 1997)

Subject: ‘Letter to Farmers’ in the 1996 annual report of the Commission’s representation in Austria

The ‘EU Letter to Farmers’ issued every month by the Commission’s representation in Austria is a four-page
supplement to the Austrian Farmers’ Association’s magazine ‘idk’, and contains background information
relating to agriculture and up-to-date information on the CAP with particular reference to Austria. This
supplement which appeared eleven times in the year in question was sent to 3 700 Austrian farmers or farmers’

Will the Commission say:

1. whether it is acceptable that the Commission’s representation in Austria should distribute its information in
the form of a supplement to publications of political parties, as is the case with the ‘Letter to Farmers’?

2. How much this Commission supplement (‘Letter to Farmers’) costs?