WRITTEN QUESTION E-1397/00 by Bernd Lange (PSE) to the Commission. Implementation of Directive 92/61/EEC in Germany ‐ specified types of tyre.
Date: 2000-05-04
Institutions: European Parliament, Provisional data
Subjects: Community certification, Germany, application of EU law, pneumatic tyre, two-wheeled vehicle

6.3.2001

EN

Official Journal of the European Communities

C 72 E/51

it happens in practice that cold stores connected with the
Because such investment subsidies exist,
processing installations are deliberately constructed with a cold storage capacity which considerably
exceeds the basic idea behind and the purpose of the said investment subsidies. This vast surplus storage
capacity is then offered to third parties as commercial storage for frozen and deep-frozen products. The
subsidies granted enable prices to be kept to a minimum, and that results in a substantial competitive
disadvantage for commercial cold stores.

Is the Commission aware of this situation?

What steps are planned to eliminate this distortion of competition?

(1) OJ L 79, 23.3.1994, p. 29.

Answer given by Mr Fischler on behalf of the Commission

(24 May 2000)

The respect of the selection criteria for investments for improving the processing and marketing conditions
for agricultural products pursuant to Commission Decision 94/173/EC of 22 March 1994 is part of the
Commission Decision on the approval of single programming documents for Community structural
measures for improving the processing and marketing conditions for agricultural products.

The recitals include the following obligation for the Member States: (cid:145)Whereas, during the implementation
of the single programming document, the Member State will ensure that the individual projects included
therein will conform with the selection criteria for investments for improving the processing and market-
ing conditions for agricultural products currently in force,
in application of Article 8(1) of Council
Regulation (EC) No 951/97 of 20 May 1997 on improving the processing and marketing conditions for
agricultural products (1)(cid:146).

The implementation of the aid scheme by the Member States includes the examination of the project
proposals and the respect of the selection criteria by the authorities in the Member State or region.

If the Commission receives information which demonstrates that the approved conditions to grant aid are
not respected, the Commission can take the appropriate measures foreseen in Council Regulation (EC)
No 659/1999 of 22 March 1999 which provides the modalities of
the application of Article 88
(ex Article 93) of the EC Treaty (2).

(1) OJ L 142, 2.6.1997.
(2) OJ L 83, 27.3.1999.

(2001/C 72 E/057)

WRITTEN QUESTION E-1397/00

by Bernd Lange (PSE) to the Commission

(4 May 2000)

Subject: Implementation of Directive 92/61/EEC in Germany (cid:129) specified types of tyre

The Commission(cid:146)s original proposal that tyre types be specified as part of the type-approval of motorcycles
was not included in Directive 92/61/EEC (1), as the European Parliament considered that the specification
of tyre types by vehicle manufacturers in the context of the European type-approval procedure for
motorcycles would place tyre manufacturers who had perhaps not been taken into account at a
competitive disadvantage.

In Germany, however, it seems that vehicle manufacturers are still managing to specify particular types of
tyre in vehicle documentation, even after the Directive(cid:146)s entry into force, by using vehicle type-testing
procedures.

Is the Commission aware of such practices? Does it consider German implementation of the Directive to
be at odds with European legislation?

(1) OJ L 225, 10.8.1992, p. 72.

C 72 E/52

Official Journal of the European Communities

EN

6.3.2001

Answer given by Mr Liikanen on behalf of the Commission

(16 June 2000)

The legislative provisions governing technical requirements for tyres and their fitting are contained in
Directive 97/24/EC of the Parliament and of the Council of 17 June 1997 on certain components and
characteristics of two or three-wheel motor vehicles (1).

The Commission was informed of tyre brand restrictions attaching to certain passenger cars manufactured
in Germany. Following exchanges of correspondence with the Commission, the German authorities
addressed a communication dated 29 February 2000 to the Commission in which type-approval
authorities have been instructed not to include in the future any such brand restrictions in vehicle
documents. The communication also states that any existing brand restrictions contained in vehicle
documentation are devoid of legal effect.

The Commission is of the view that tyre brand specifications for motorcycles are similarly unacceptable.
The Commission will contact the German authorities in order to clarify the situation.

(1) OJ L 226, 18.8.1997.

(2001/C 72 E/058)

WRITTEN QUESTION E-1399/00

by Phillip Whitehead (PSE) to the Commission

(4 May 2000)

Subject: Certificate of Pharmaceutical Products

Can the principles of free trade be reconciled with the concept of exclusive distribution rights, which is an
indirect effect of the Certificate of Pharmaceutical Products, particularly in respect of the supply of essential
medicines for emerging countries?

Answer given by Mr Liikanen on behalf of the Commission

(16 June 2000)

The export certificates ((cid:145)certificate of pharmaceutical products(cid:146)) drawn up by the national or Community
authorities are based on the WHO (World Health Organisation) model.

Their main aim is to certify that the medicine for which the certificate has been requested is indeed
covered by a marketing authorisation granted by the authorities in the exporting country.

That main aim is thus linked to the marketing authorisation and not to the distribution system or to access
to the pharmaceuticals market. As such it does not confer any exclusive-distribution right. The certificate
constitutes a guarantee and makes pharmaceutical products more accessible in the less-developed import-
ing countries.

(2001/C 72 E/059)

WRITTEN QUESTION E-1400/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

Subject: Safety risks in Spanish mining dams

(5 May 2000)

According to data made available by the WWF environmentalist group, there are at present 743 mining
dams in Spain, of which 161 are subject to the risk of an accident similar to that which occurred in
Romania in January 2000. On that occasion, the overflow of a tailings dam into a gold mine led to the
pollution of the Danube and one of its tributaries.