WRITTEN QUESTION P-0553/02

by Cecilia Malmström (ELDR) to the Commission

(21 February 2002)

Subject: Studded tyres for journeys in the Member States

Harsh winters, primarily in Sweden, Norway and Finland, mean that motorists in those countries have to use studded tyres on their vehicles in order to drive safely. Under Swedish law, studded tyres may be used from 1 October to 30 April each year. Winter traction tyres are compulsory for journeys between 1 December and 31 March if there are winter conditions on the roads.

Studded tyres often give rise to complications on journeys abroad. In Germany, through which nearly all motorists from Scandinavia must travel on their way to another Member State, there is a total ban on studded tyres. At the same time, studded tyres may be used in other Member States, such as Belgium. As a large majority of Scandinavian motorists use studded tyres during the winter, the German ban on studded tyres forces many of them to change tyres, and therefore invest in winter traction tyres, just to be able to travel through Germany on their way to their final destination.

Despite the rules on winter tyres, Sweden allows foreign vehicles to drive through the country with ordinary summer tyres. Germany and other Member States, however, do not have such special rules for foreign vehicles, which would seem to constitute an obstacle to freedom of movement.

Does the Commission intend to take any measures to persuade Germany and other Member States which have banned studded tyres to introduce special rules for foreign vehicles with studded tyres?

Answer given by Mr Bolkestein on behalf of the Commission

(19 March 2002)

The use of studded tyres is not harmonised at Community level. For this reason, Member States are entitled to adopt their own rules on their use, provided these rules comply with the provisions of the EC Treaty.

Article 28 of the EC Treaty prohibits quantitative restrictions on imports and any measures having the equivalent effect, capable of hindering, directly or indirectly, actually or potentially, intra-community trade (cf. Judgment of the Court of 11 July 1974, Case 8/74, Dassonville, ECR 1974, 837, point 5).

The German provisions that forbid the use of studded tyres are intended to prevent these tyres being imported into Germany and they oblige drivers from other Member States whose vehicles are equipped with these tyres to take specific measures (change the tyres/buy other tyres), if they wish to travel on the German road network.

It has been held consistently by the Court that certain restrictive measures by Member States may however be justified, if it can be shown that they are necessary for reasons referred to in Article 30 of the EC Treaty, particularly those of public policy and security and the protection of health and life of humans or for imperative requirements such as road safety and/or the protection of the environment (cf. the recent Judgment of the Court of 12 October 2000 in the Case C-314/98 Snellers Auto's BV).

The Commission considers that a ban on using studded tyres during certain periods of the year (e.g. on a clear road at an inappropriate speed), or in general, may be justified by reasons of road safety and protection of the environment.

With regard to this, the Commission refers to the answer it gave to written question E-2401/98 from Ms Matikainen-Kallström(1).

(1) OJ C 135, 14.5.1999.