EN Official Journal of the European Union CE 84/147

(2004/C 84 E/0185)

WRITTEN QUESTION E-0009/04

by Erik Meijer (GUE/NGL) to the Commission

(16 January 2004)

Subject: Protection of Netherlands exports of radar detectors by exempting them from a domestic ban

1. Is the Commission aware that since 1 January 2004 it has been prohibited in the Netherlands to possess, purchase, store or produce radar detectors warning drivers exceeding the speed limit in good time that their speed is being recorded by unmanned cameras or police mobile speed traps?

2. Is the Commission also aware that where it can be shown that the equipment referred to in paragraph 1 is intended for sale in other EU Member States it is exempt from the ban?

3. Is it usual for EU Member States to protect the export to other Member States of products banned on the domestic market as undesirable?

4. Do other EU Member States that apply speed limits not see the possession and use of radar detectors as a problem? Is legislation banning them in force or in preparation in other EU Member States?

5. Will this problem not arise again soon if the radar detector is followed up by the free downloading of speed traps via the Internet and the use of a GPS locator warning drivers when they are within 500 metres of a speed trap?

6. Is this situation prompting the Commission to discuss with the Member States ways of harmonising the enforcement of speed limits within the EU?

Source: De Volkskrant, 27.12.2003.

Answer given by Mrs de Palacio on behalf of the Commission

(18 February 2004)

The Netherlands notified the Commission of the draft law prohibiting the possession of certain detectors of radar speed traps. In the Netherlands, and several other Member States, users of such equipment are liable to severe penalties which can include confiscation of the vehicle. The Commission considers that the ban is justified in this case for reasons of road safety. Excessive speed is one of the main causes of road accidents, and is to blame for almost half the fatalities.

According to information available to the Commission, not all Member States have adopted laws prohibiting radar detectors. It is therefore understandable that, in the absence of harmonised rules at Community level, the national legislation of a Member State does not prohibit the manufacture of appliances not intended for use on its territory.

Cases of States prohibiting the use of radar detectors or other products, but not their manufacture, are not isolated. There is nothing to prevent Member States which prohibit the use of such appliances on their territory permitting their manufacture with a view to marketing them in States where their use is permitted.

States which have adopted laws prohibiting or restricting the use of radar detectors include Belgium, Germany, Spain, France, Luxembourg, Finland and Sweden. The penalties for infringements vary widely, however.

New means of countering speed detection equipment appear regularly on the market. Such appliances are often available over the Internet from retailers based in third countries, which can circumvent the national legislation, in particular by recommending that their product be used for a purpose other than avoiding police controls. Nevertheless, speed detectors are also becoming increasingly sophisticated, and the penalties for fraudsters increasingly severe. If a radar detector is discovered, the consequences must be such that they act as a deterrent in the long term.

On 21 October 2003 the Commission adopted Recommendation C(2003) 3861 on enforcement in the field of road safety. Amongst other things, the Recommendation invites the Member States to penalise infringements with effective, proportionate and dissuasive sanctions and also to impose sanctions on acts aimed at hindering or undermining the enforcement of road safety rules. The Commission undertakes to draw up a report on the implementation of the Recommendation every two years and to submit a proposal for a Directive if the measures prove insufficient.