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C 161 E/132 Official Journal of the European Union EN 10.7.


For the province of Castellón, they reported no exceedance of the limit values laid down by the Directive
for PM10 and lead. The Commission will write to the Spanish authorities asking whether their assessment
of air quality covers the areas close to ceramics production sites. Currently, there is no Community
legislation regulating ambient air concentrations of any other heavy metals.

(1) OJ L 188, 16.7.1984.

(2) OJ L 257, 10.10.1996.
(3) Case C-29/01.

(2003/C 161 E/135) WRITTEN QUESTION E-3674/02

by Paolo Pastorelli (PPE-DE) to the Commission

(18 December 2002)

Subject: The Foal Levy

The approach of the season for the birth of thoroughbred foals, starting in January 2003, once again raises
the recurring problem of the Foal Levy imposed by the Irish authorities on all European horse-breeders
who want their brood-mares to give birth in Ireland. Since the revenue from the levy is used to fund
measures for the benefit of local breeders at the expense of those from other Union countries, does the
Commission not consider that this practice, including the exemption for Irish and British breeders,
constitutes a clear and unequivocal infringement of Articles 88 and 89 of the Treaty, by allowing unfair
competition and measures aimed at circumventing the rules of a free market? Can it also provide relevant
documentation to show why such a blatant legislative abuse is allowed and, if so, say what steps it intends
to take to put an end to this practice, which discriminates against breeders residing in other Union

Answer given by Mr Fischler on behalf of the Commission

(31 January 2003)

The Commission is already investigating the issue raised by the Honourable Member. The Commission has
contacted the Irish authorities on the question in order to get their position on the matter and to collect all
relevant information about the Foal Levy. The information provided by the Irish authorities is currently
being evaluated on the basis of Articles 87-89 and of article 95 of the EC Treaty, in order to identify more
clearly whether further action is needed.

(2003/C 161 E/136) WRITTEN QUESTION P-3678/02

by Dorette Corbey (PSE) to the Commission

(11 December 2002)

Subject: German wind farm close to Netherlands border locality of Bellingwolde

In October 1998 a number of residents of Bellingwolde (Bellingwedde municipality, Groningen province)

learned of a plan to build a wind farm (Windpark Rhede) 200 metres from the border on German territory
(and about 300 metres from the nearest houses) consisting of 22 wind turbines reaching a total height of
60 to 70 metres, and each with a maximum output of 1,5 MW. Ultimately, in September 2001, 17 wind
turbines, each 135 metres high, and with an output of 1,8 MW, were erected in the ‘Rheder Moor’ (in the
north-west of the Emsland administrative district in the German municipality of Rhede), about 350 metres
from the Netherlands-German border.

For local residents, the wind farm means disruption in the form of noise, cast shade, obstruction of view,
ground vibrations, electro-magnetic disturbance, property devaluation and degradation of living space.