EN Official Journal of the European Union CE 70/115

(2004/C 70 E/118)

WRITTEN QUESTION E-2596/03

by Theresa Villiers (PPE-DE) to the Commission

(14 August 2003)

Subject: Conditions on the London Underground

Recent reports in the London media have highlighted record high temperatures on the London Underground of up to 97 °F (36 °C) on the Northern, Central, Piccadilly and Victoria Lines. Such conditions prevent passengers from travelling comfortably and may jeopardise passenger safety.

In the light of these concerns, will the European Commission state whether such conditions contravene any European law on passenger health and safety or any environmental rules?

Will the European Commission confirm whether such conditions would contravene European law if live animals were being transported in this way?

Joint answer

to Written Questions E-2595/03 and E-2596/03

given by Mrs Wallström on behalf of the Commission

(26 September 2003)

Air quality is one of the areas in which Europe has been most active in recent years, and Community legislation on air quality comprises in particular the Air Quality Framework Directive (Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (1)) and a number of ‘daughter Directives’ targeting specific pollutants.

The air quality legislation establishes limit values for concentrations for various pollutants. Among other pollutants it covers concentrations of suspended particulate matter (and therefore ‘dust’). However, the limit values concern only ambient air, which is defined as ‘outdoor air in the troposphere, excluding work places’. The limit values do therefore not apply to areas inside an underground transport system.

Community legislation relating to the licensing of railway operators (2) does require railway undertakings to comply with national law and regulatory provisions such as safety requirements applying to staff, rolling stock and the internal organisation of the undertaking, provisions on health, safety and the rights of workers and consumers. Member States may, however, exempt railway undertakings that only operate urban or suburban rail passenger services from the scope of these Directives.

The Community legislation on the protection of animals during transport (3) concerns transport of a completely different nature and only for commercial purposes, and is not relevant in the case of the London Underground.

The Commission is aware that air pollution and/or extreme temperatures as experienced during this summer can cause severe problems, in particular for vulnerable people such as the elderly, children and those with circulatory and respiratory diseases. As regards airborne particles, a substantial body of new scientific evidence on the sources and the health effects has become available during the last few years. These new findings are presently reviewed by the World Health Organisation (WHO) to assist the Commission in the preparation of a thematic strategy for air quality as part of the Clean Air for Europe (CAFE) programme. One preliminary conclusion is that there is no apparent threshold for the health effects due to exposure to particulate matter. Therefore, no safe level may be defined for which there are no effects.

However, within the current legislative framework it remains the responsibility of the competent local, regional or national authorities to take action specific to problems in the London or any other underground system.

(1) OJ L 296, 21.11.1996.

(2) Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings, OJ L 143, 27.6.1995, and Directive 2001/13/EC of the Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC, OJ L 75, 15.3.2001.

(3) Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC, OJ L 340, 11.12.1991, and Council Directive 95/29/EC of 29 June 1995 amending Directive 90/628/EEC concerning the protection of animals during transport, OJ L 148, 30.6.1995.