WRITTEN QUESTION E-0592/01

by Richard Howitt (PSE) to the Commission

(1 March 2001)

Subject: Applicability of European-approved specification EN1317 for safety barriers

Could the Commission comment on the enforceability of specification EN1317 in relation to road safety barriers in EU Member States? Are there any special issues relating to the United Kingdom, given difficulties experienced by Sistema Construction (UK) Limited in selling to the UK Highways Agency, which apparently apply a separate national standard?

Answer given by Mr Bolkestein on behalf of the Commission

(8 May 2001)

Where the public authorities of a Member State procure goods, works or services, there is an obligation to comply with the Community directives on public procurement. More specifically, in the case of the procurement of road safety barriers by the British Highways Agency, there is an obligation to comply with Council Directive 93/36/EEC of 14 June 1993, co-ordinating procedures for the award of public supply contracts(1).

Directive 93/36/EEC imposes a broad range of requirements, including an obligation for Community-wide advertising, the selection of candidates based on specified criteria and the use of non-discriminatory technical criteria in any contract documentation. As regards the latter requirement, Directive 93/36/EEC states that where European standards exist, then as a general rule public authorities must specify their requirements by reference to those standards. There are a number of exceptions to this rule, including where the European standard does not contain provision for establishing conformity of a product to the relevant standard and, in certain circumstances only, where use of European standards would oblige the contracting authority to acquire supplies which are incompatible with equipment already in use. Derogations from the general rule have to be interpreted restrictively.

The European Norm (EN) 1317 is designed to establish a European standard for road restraint systems and contains six parts. Part 1 concerns terminology and general test criteria for test methods of road restraint systems. Part 2 deals with performance classes, impact test acceptance criteria and test methods for safety barriers. Part 3 addresses performance classes, impact test acceptance criteria and test methods for crash cushions. Parts 1, 2 and 3 have been approved by the European Committee for Standardisation (CEN) as European Standards. Parts 4, 5 and 6 of EN 1317 which concern terminals and transitions of safety barriers, durability and evaluation of road restraint system conformity and pedestrian parapets, are awaiting approval by CEN and are formally not yet European Standards.

An investigation has begun in another Member State concerning its use of a standard which would appear to conflict with EN 1317. A number of questions have been raised with that Member State which has been asked to justify why it did not specify its requirements in procurement contract documentation by reference to the relevant European Standard. The investigation has only recently begun and the Commission has not yet received the Member State's reply.

The Commission does not have specific information concerning the United Kingdom's use or otherwise of EN 1317 in relation to the procurement of road safety barriers. The Commission now intends to write to the United Kingdom authorities in this respect.

(1) OJ L 199, 9.8.1993.