WRITTEN QUESTION E-2012/00 by Christoph Konrad (PPE-DE) to the Commission. Lack of uniform legislation governing the use of mobile machinery.
Date: 2000-06-21
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, competence of the Member States, hoisting equipment, machinery, marketing, product safety, road transport, transport regulations

13.3.2001

EN

Official Journal of the European Communities

C 81 E/129

Answer given by Mr Solbes Mira on behalf of the Commission

(27 July 2000)

loans in the Canary Islands for a total amount of € 363,41 million,

The European Investment Bank (EIB) informs the Commission that over the period 1994-1999, it granted
individual
in the fields of
telecommunications, water management and to upgrade the islands(cid:146) four airports. These loans aimed at
assuring the territorial continuity between the mainland and the islands, as well as improving infrastructure
benefiting both the islands(cid:146) population and the tourism sector, of great importance for the islands(cid:146)
economy. The loans break down as as follows:

Year

1994

1994

1995

1996

1996

1996

1997

1998

1999

Project

Promoter

Sector

Purchase, launch and operation of two telecommunications & tele-
vision satellites

Hispasat

Telecommunications

Improvements to wastewater treatment, sewerage and water supply
infrastructure

Aguas de Canarias

Environment

Modernisation and extension of telecommunications system

Modernisation and extension of telecommunications network

Telef(cid:243)nica

Telef(cid:243)nica

Telecommunications

Telecommunications

Sewerage and sewage disposal and drinking water supply schemes

Aguas de Canarias

Environment

Improvement and extension of four airports on the islands of
Tenerife (2), Lanzarote and Fuerteventura

Improvement and extension of four airports on the islands of
Tenerife (2), Lanzarote and Fuerteventura

AENA

AENA

Transport

Transport

Upgrading of national road network

Ministerio Fomento

Transport

Reinforcement and extension of electricity transmission and supply
network

Endesa

Energy

1999

Upgrading of national road network

Ministerio Fomento

Transport

(€ million)

EIB Loan

0,41

63,04

23,72

8,27

37,68

27,87

39,25

47,45

27,72

88,00

Total

363,41

Furthermore, the EIB states that during the same period and under its global loan scheme, 158 small and
medium-sized enterprises and local authorities benefited from funding for their investments, for a total
amount of € 133,04 million.

(2001/C 81 E/156)

WRITTEN QUESTION E-2012/00

by Christoph Konrad (PPE-DE) to the Commission

(21 June 2000)

Subject: Lack of uniform legislation governing the use of mobile machinery

1. Why is the marketing of mobile machinery (e.g. trailer-mounted cranes) (cid:129) which really means the
use of such machinery (cid:129) subject to divergent national
laws? Why is only the manufacture of such
machinery regulated on a Europe-wide basis by Directive 98/37/EC?

2. What measures does the Commission intend to take to combat discrimination against manufacturers
who cannot sell their machinery because of variations in the national laws governing the use thereof?

3.
How would the Commission further defend the impeding of low-cost serial production and the
unnecessary costs which manufacturers of such machinery have to bear because they are obliged to
manufacture specific models for different countries?

C 81 E/130

Official Journal of the European Communities

EN

13.3.2001

Answer by Mr Liikanen on behalf of the Commission

(8 September 2000)

The conditions for marketing and commissioning machinery and mobile machinery fall within the
is why Directive 98/37/EC on machinery (1) harmonises such
competence of
conditions. Consequently, any machine that complies with the essential requirements of the directive can
be sold in any Member State.

the Community. That

The use of such machines is also harmonised at Community level. However, Directive 89/655/EEC (2), as
amended, provides that
the Member States can lay down requirements needed to ensure people(cid:146)s
protection, provided it does not involve any modification of the machines.

On the other hand, regulations governing the use on public roads of mobile machinery fall within the
competence of the Member States, in accordance with the principle of subsidiarity. The Member States
may thus lay down the requirements they consider necessary to ensure safe use on the roads,
in
compliance with the rules of the Treaty and especially Articles 28 and 30 (ex Articles 30 and 36) of the
EC Treaty.

The Commission has on a number of occasions asked the manufacturers of mobile machinery for
information on the difficulties they apparently have to cope with. No information has yet been received.
Consequently, given the lack of any hard evidence, the Commission does not share the honourable
Member(cid:146)s view on the existence of barriers to trade that apparently stem from national rules governing the
use on public roads of mobile machinery.

(1) Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the

laws of the Member States relating to machinery (OJ L 207, 23.7.1998).

(2) Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for

the use of work equipment by workers at work (OJ L 393, 30.12.1989).

(2001/C 81 E/157)

WRITTEN QUESTION E-2021/00

by Gerhard Hager (NI) to the Commission

(21 June 2000)

Subject: Progress with regard to the Corpus juris

Concerning a proposal for a Council directive on combating fraud and forgeries in connection with non-
cash transactions, the Commission has adopted a new approach to the harmonisation of the Member
States(cid:146) legal systems. The objective is no longer to achieve textual uniformity regarding the definition of
criminal offences in each of the Member States but simply to achieve a precise definition of the result to be
achieved in all Member States. The projected catalogue of European law has clearly been abandoned.

In view of this:

1. What progress has been made with the Corpus juris project?

2. What have been the costs of this project?

3. Does the Commission consider that there is any point in continuing with the project in view of the

new regulatory approach referred to above?

Answer given by Mrs Schreyer on behalf of the Commission

(8 September 2000)

The Commission would first point out that the proposal for a draft framework decision on combating
fraud and counterfeiting of non-cash means of payment (1)
is not linked with the Corpus juris. This
proposal is aimed at ensuring that fraud and counterfeiting involving non-cash means of payment are
recognised as criminal offences in all Member States and punished with effective, proportionate and