WRITTEN QUESTION E-1396/00 by Bernd Lange (PSE) to the Commission. Standardisation of clothing for motorcyclists.
Date: 2000-05-04
Institutions: European Parliament, Provisional data
Subjects: European standard, clothing, safety device, two-wheeled vehicle

13.2.2001

EN

Official Journal of the European Communities

C 46 E/187

(2001/C 46 E/219)

WRITTEN QUESTION P-1394/00

by Gary Titley (PSE) to the Commission

(3 May 2000)

Subject: Principles of the Single Market

One of my constituents was stopped in France recently and asked how much money he had. I understand
it is illegal to bring in more than FF 50 000 in cash without declaring it to the authorities and stating the
source of the money and for what purpose it will be used. Surely this contradicts the principles of the
Single Market?

Answer given by Mr Solbes Mira on behalf of the Commission

(16 May 2000)

According to the Community legislation, the transfer of cash is considered as a (cid:145)capital movement(cid:146). The
basic principles of the (cid:145)freedom of capital movements(cid:146) (which is one of the four basic freedoms of the
single market) are enshrined in the EC Treaty under Article 56 (ex Article 73b), which stipulates that all
restrictions on the free movements of capital between Member States and between Member States and
import and export of means of
third countries shall be prohibited. This applies also to the physical
payments of all kinds (i.e. notes, coins, bearer securities, etc).

However, under Article 58 (ex Article 73d) of the EC Treaty, it is set out that the provisions of Article 56
shall be without prejudice to the right of the Member States to (cid:145)lay down procedures for the declaration of
capital movements for purposes of administrative or statistical information(cid:146) or to (cid:145)take measures which are
justified on grounds of public policy or security(cid:146), provided the measures and procedures applied (cid:145)shall not
constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital(cid:146).

This allows Member States to establish a (cid:145)declaration system(cid:146) by which the import or export of currency in
excess of a given amount has to be declared to the customs administration. Moreover, the Member States
using such a (cid:145)declaration system(cid:146) have also the right to define amounts of fines in case of infringement of
the said regulation. In this context, it appears that the obligation to declare to the French authorities any
import or export of means of payments above the limit of FRF 50 000 does not constitute, in principle, a
breach of the freedom of capital movements since the custom regulation adopted seems compatible with
the Community legislation in that matter.

While they are, in principle, compatible with Community rules, and can be a weapon in the fight against
illegal activity, a lack of information on the requirements to declare can cause problems for legitimate
operations. In the context of its information campaign on the single market, the Commission is making
requirements on declaration more widely known.

(2001/C 46 E/220)

WRITTEN QUESTION E-1396/00

by Bernd Lange (PSE) to the Commission

(4 May 2000)

Subject: Standardisation of clothing for motorcyclists

Rumours about attempts to standardise protective clothing for motorcyclists are still doing the rounds. For
instance, the European Committee for Standardisation (CEN) is said to have already submitted several
drafts for such standards.

Is the Commission planning to standardise clothing intended for motorcyclists?

Have any steps already been taken in this direction?

C 46 E/188

Official Journal of the European Communities

EN

13.2.2001

Answer given by Mr Liikanen on behalf of the Commission

(8 June 2000)

The European Committee for Standardisation (CEN) is a private organisation which is free to establish the
standards it deems necessary or useful for economic operators as a whole. The Commission has no
influence on the choices made by the CEN in this context.

However, the Commission can ask the European standardisation bodies, of which the CEN is one, to draw
up harmonised European standards to meet the essential requirements of the (cid:145)New Approach(cid:146) Directives.
Indeed, this was the case with (cid:145)New Approach(cid:146) Directive 89/686/EEC relating to personal protective
equipment (1), referred to as the PPE Directive.

Since 1994, the CEN, the Commission, experts of the Member States and various organisations represent-
ing manufacturers have been holding discussions on the rules concerning clothing for motorcyclists within
the meaning of the PPE Directive. The results of these discussions have been approved by the Member
States: clothing for motorcyclists (in addition to gloves, boots and shoes) does not constitute PPE unless the
manufacturer claims, or implies in sales literature or advertising, that the garment as a whole provides
special protection. In that case, the manufacturer must meet the essential requirements of Directive 89/
686/EEC. Protective equipment such as elbow and knee protectors, which may also be built into clothing
for motorcyclists, is always PPE.

Only one standard (EN 1621-2 (draft))
is currently being drawn up in the area of clothing for
motorcyclists. It concerns the requirements and test methods for back protectors used in motorcycle
rider(cid:146)s protective clothing to protect against mechanical
impact. The last draft for this standard was
submitted by the CEN in February 1999. It will complement standard EN 1621-1 on protectors, which
was adopted in 1997.

(1) OJ L 399, 30.12.1989.

(2001/C 46 E/221)

WRITTEN QUESTION E-1409/00

by David Sumberg (PPE-DE) to the Commission

Subject: Consumer protection (cid:129) fire prevention in the home

(5 May 2000)

In view of the relationship between household electrical goods and the incidence of fire and the need,
therefore, to educate consumers as to the potential causes of fire in the home, what data does the
Commission have on television fires in the European Union and can the Commission specify which
models of television sets are most frequently involved in fires?

Answer given by Mr Liikanen on behalf of the Commission

(16 June 2000)

The Commission attaches a high priority to fire safety.

The safety of electrical household appliances is regulated primarily by the low voltage Directive, Council
Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member States relating to
electrical equipment designed for use within certain voltage limits (1). Aspects relating to fire safety of
television sets are more specifically addressed in harmonised standard EN 60065:1998, (cid:145)Audio, video and
similar electronic apparatus (cid:129) Safety requirements(cid:146) adopted by the European committee for electrotechni-
cal standardisation Cenelec.

The Commission has received no information from national authorities about types of television sets most
likely to be the source of an ignition consequently leading to a fire. The Commission is aware of studies in
Sweden but the final report will not be available before this autumn. The Commission raised with national