WRITTEN QUESTION E-1891/00 by Carlos Coelho (PPE-DE) to the Commission. Freedom of movement, road safety, driving rules and compulsory national provisions within the European area.
Date: 2000-06-16
Institutions: European Parliament, Provisional data
Subjects: common transport policy, road traffic, vehicle parts

20.3.2001

EN

Official Journal of the European Communities

C 89 E/105

Joint answer
to Written Questions E-1878/00 and E-1879/00
given by Mr Fischler on behalf of the Commission

(6 July 2000)

The Commission would like to remind the Honourable Member of the terms of Article 16(1)(c) of
Regulation (EC) No 2792/1999 (1). This stipulates that Member States may grant compensation to fisher-
men and fishing-vessel owners, to be part-financed by the Financial Instrument for Fisheries Guidance
(FIFG), in the context of a plan for the recovery of a resource threatened with exhaustion. The Honourable
Member(cid:146)s attention is drawn to the fact that it is up to the authority managing the relevant structural
programme to decide whether or not to grant such compensation, subject to detailed compliance with the
above provisions.

(1) Council Regulation (EC) No 2792/1999, 17 December 1999 laying down the procedures and conditions of the

structural measures of the Community in the fisheries sector (OJ L 337, 30.12.1999).

(2001/C 89 E/114)

WRITTEN QUESTION E-1891/00

by Carlos Coelho (PPE-DE) to the Commission

(16 June 2000)

Subject: Freedom of movement, road safety, driving rules and compulsory national provisions within the

European area

There have been a number of complaints from Portuguese motorists whose experiences, when driving on
different European roads either as tourists or part of their job have made them aware of the enormous
disparities between the various European Union countries(cid:146) legal provisions on driving and compulsory
equipment for cars.

It would appear to be possible for a Portuguese driver undertaking a trip through Europe to find himself
fined on entering Spain for not carrying a spare set of bulbs for his headlights (something which is not
obligatory in Portugal), and on entering Germany, to be fined for not carrying a first-aid box (likewise not
compulsory in Portugal), and so forth.

If all European drivers travelling within the European Union are to heed the various national regulations
on driving and equipment which are also applicable to non-residents, should there not be some kind of
campaign to inform and educate these drivers, independently of the Member State in which they reside?

Given that it might prove extremely difficult to harmonise the existing national provisions of the Member
States, would it not be possible in the meantime to reach agreement at least on what equipment must
compulsorily be carried on board the vehicle?

What does the Commission think should be done at the level of road safety and freedom of movement for
Community citizens? Should there be more information or harmonisation of legal requirements? What
steps could the Commission take in this area?

Answer given by Mrs de Palacio on behalf of the Commission

(31 July 2000)

There are common rules for road traffic throughout the Community and, provided those rules are adhered
to, then free circulation should be guaranteed. Those rules relate to the driver(cid:146)s competence to drive
(the driving licence legislative requirements are contained in Council Directive 91/439/EEC) (1); the road-
worthiness of the vehicle (Council Directive 96/96/EC) (2); for heavy commercial vehicles, their maximum
weights and dimensions (Council Directive 96/53/EC) (3); the necessity for the driver and occupants to wear

C 89 E/106

Official Journal of the European Communities

EN

20.3.2001

their seat belts (Council Directive 91/671/EEC) (4) and the United Nations Economic Commission for
Europe (UN-ECE) Convention on road traffic, of 8 November 1968 (known as the Vienna Convention).
The Vienna Convention establishes broad guidelines on free circulation for international traffic and in its
Annex 5: Technical conditions concerning motor vehicles and trailers stipulates that:

Any Contracting Party may, with respect to motor vehicles which it registers and to trailers which it
allows on the road under its domestic legislation, lay down rules which supplement, or are stricter
than, the provisions of this annex.

Thus Member States may require that vehicles registered on their own territory carry equipment such as
first-aid kits, fire extinguishers or spare light bulbs.

The Vienna Convention also stipulates that:

All vehicles in international traffic must meet the technical requirements in force in their country of
registration when they first entered into service.

Therefore, a Member State may not require that a vehicle registered in another Member State shall carry
equipment that is not mandatory in the Member State where the vehicle is registered. Consequently, in the
example quoted by the Honourable Member, Portuguese vehicles do not have to be equipped with spare
light bulbs when travelling in Spain or first aid kits when in Germany, and accordingly fines should not be
levied on foreign drivers who do not comply with such national requirements.

So far, it as not been found necessary to harmonise further the various national road traffic rules regarding
the provision of ancillary equipment, and Member States have not requested such harmonisation.

(1) OJ L 237, 24.8.1991.
(2) OJ L 46, 17.2.1997.
(3) OJ L 235, 17.9.1996.
(4) OJ L 373, 31.12.1991.

(2001/C 89 E/115)

WRITTEN QUESTION E-1892/00

by Elisa Damiªo (PSE) to the Council

(19 June 2000)

Subject: Accidents at work

Despite the development of legislation in the European Union with a view to increasing levels of safety for
workers, particularly in the building and processing industries, the fact is that the numbers of serious
accidents and fatalities have risen.

It is therefore clearly not enough to legislate, and we need to verify whether the measures put forward are
adequate and are being applied. What indicators does the Council have at its disposal with regard to
accidents at work and work-related illness, and how has it assessed the work done by national inspection
and administration bodies?

Reply

(23 October 2000)

In accordance with the Treaty the Council acts, in the field of workers(cid:146) health and safety at work as

1.
in other fields, solely as co-legislator with the European Parliament.