WRITTEN QUESTION E-2116/00 by Eija-Riitta Korhola (PPE-DE) to the Commission. Motorcycle safety equipment.
Date: 2000-06-30
Institutions: European Parliament, Provisional data
Subjects: European Union, approximation of laws, road safety, safety device, two-wheeled vehicle

C 81 E/146

Official Journal of the European Communities

EN

13.3.2001

Will it take the opposite view to the Spanish Competition Court, namely that the prevailing situation
corresponds de facto to a (cid:145)transition to competition(cid:146) tending to justify the CTCs?

How does the Commission think that competition and Spanish consumers might be helped by the
PTA 1 300 000 000 000 granted to four companies forming part of a closed oligopoly in which there is a
distinct lack of actual or potential competition?

Answer given by Mr Monti on behalf of the Commission

(13 September 2000)

In accordance with the rules of the EC Treaty on state aid and policy in this area, the Commission assesses
the compatibility of national measures with the common market on the basis of all the information in its
possession, whether or not provided by the national authorities. Naturally, the Commission is responsible
for its final decision.

As the Commission has not yet adopted its decision on the question of transition-to-competition costs on
the Spanish electricity market, it is too early to say whether it will be the same as the opinion of the
Spanish Competition Court. The Commission would, however, point out that the Court(cid:146)s opinion was
delivered from the standpoint of national merger control whereas its own decision will be based on the
control of state aid. Consequently, the Commission will take account of such factors as the liberalisation of
the electricity market following the entry into force of Parliament and Council Directive 96/92/EC of
19 December 1996 concerning common rules for the internal market in electricity (1), since these are
relevant to an analysis of the costs of transition to competition.

The Commission also believes it would be premature to answer the third question raised by the
Honourable Member until it has adopted its final decision on the case. This decision will obviously state
the reasons on which it is based.

(1) OJ L 27, 30.1.1997.

(2001/C 81 E/180)

WRITTEN QUESTION E-2116/00

by Eija-Riitta Korhola (PPE-DE) to the Commission

(30 June 2000)

Subject: Motorcycle safety equipment

A motorcycle is a form of transport which is particularly vulnerable in a traffic accident. In addition to
helmets, a number of other safety devices are used.

What provisions are in force in the Member States concerning the use of motorcycle helmets and other
safety devices? Does the Commission have any research-based figures on the effectiveness in accidents of
the use of safety devices (other than helmets)? Does the Commission feel it necessary to harmonise the
provisions governing safety devices and their use in the EU?

Answer given by Mrs de Palacio on behalf of the Commission

(8 September 2000)

In its communication of 17 March 2000 entitled (cid:145)Priorities in EU road safety: Progress Report and Ranking
of Actions(cid:146) (1) the Commission takes the view that protecting vehicle occupants in the event of an impact is
an absolute priority for the Community. This applies inter alia to the wearing of helmets by motorcycle
riders.

In its resolution of 26 June 2000, the Council considered that progress needed to be made in adopting a
directive on the wearing of helmets by motorcycle and moped riders.

13.3.2001

EN

Official Journal of the European Communities

C 81 E/147

The Commission(cid:146)s information shows the wearing of helmets to be compulsory for all motorcycle riders in
all the Member States. For vehicles with smaller engine sizes, the Commission will over the next month be
putting together a picture of the regulatory situation and of studies under way in the Member States on
compliance with, and the effectiveness of, helmet legislation and on the use of other protection devices.
After this initial stocktaking it will examine whether any harmonisation measures need to be taken.

(1) COM(2000) 125 final.

(2001/C 81 E/181)

WRITTEN QUESTION E-2130/00

by Jan Andersson (PSE) to the Commission

(30 June 2000)

Subject: Transport of live animals within the EU

In 1995 a directive was issued laying down minimum rules for the transport of live animals within the
European Union. Five years have now passed and the directive is not being observed.

What action does the Commission intend to take to enforce the directive?

Does the Commission have any plans to improve the directive and thereby improve animal protection?

Answer given by Mr Byrne on behalf of the Commission

(15 September 2000)

The Commission(cid:146)s responsibilities towards animal protection have increased under the recent protocol to
the EC Treaty which requires the European institutions and Member States to consider animal welfare a
priority when drawing up agriculture, transport, single market and research policies.

Member States are responsible for the day-to-day enforcement of Community legislation. Commission
experts, however, carry out periodic on-the-spot checks to ensure uniform application the Directive and
that the Member States are monitoring compliance with the requirements of this Directive.

A working group of the standing veterinary committee was set up in 1999 and it is currently considering
particular problems concerning the enforcement of the Community legislation in respect of long-distance
transport operations.

In accordance with Article 13 of Council Directive 91/628/EEC of 19 November 1991 on the protection
of animals during transport and amending Directives 90/425/EEC and 91/496/EEC, the Commission as
soon as possible will submit a report to the Council on the experience acquired by Member States derived
from the application of Community legislation in this field. The report will also be presented to the
Parliament.

The data concerning the enforcement of the Directives on animal protection during transport derived from
the above-mentioned report, the conclusions of the working group as well as new scientific evidence in
this field will be taken into account by the Commission when proposing amendments to improve current
Community legislation.

Both the working group of the standing veterinary committee and the outcome of the report are
identifying several areas of difficulty in enforcement and practical solutions are currently being examined.