WRITTEN QUESTION E-3022/00 by María Sornosa Martínez (PSE) to the Commission. Need to standardise the colour of the lights on emergency vehicles in the Community.
Date: 2000-09-26
Institutions: European Parliament, Provisional data
Subjects: Spain, approximation of laws, competence of the Member States, signalling device, vehicle parts

C 113 E/230

Official Journal of the European Communities

EN

18.4.2001

As for the application of these rules by cities, to which the Honourable Member refers, each Member State
is free to delegate powers to its domestic authorities as it considers fit, and to implement directives by
means of measures adopted by regional or local authorities. That division of powers does, however, not
release it from the obligation to ensure that the provisions of the directive are properly implemented in
national law (4).

The imposition of administrative or even penal fines upon people exercising a regulated profession without
qualification or without prior recognition of their qualification obtained in another Member State is in
principle not contrary to the above rules. As a matter of fact, the Commission has never received any
complaint concerning a refusal by a Member State to recognise a tourist guide qualification or concerning
any particular difficulty regarding recognition procedures in this area.

As regards the imposition of fines on tour managers, the problem appears to be due mainly to a confusion
between the profession of tour manager and that of tourist guide. The competence for the definition of the
scope of these two professions lies with the Member States. The facts brought so far to the Commission(cid:146)s
attention in this context do not indicate a practice that could constitute an infringement of the EC Treaty.
The Commission would in any case remind the Honourable Member that Article 49 (ex-Article 59) of the
EC Treaty (freedom to provide services) has direct effect and confers rights on individuals that national
Interested parties can hence best protect their individual rights by
authorities are bound to respect.
applying to national courts for the annulment of fines they deem to be imposed in violation of these
provisions.

(1) SEC(97) 837 final.
(2) MARKT/D4/8052/4/99.
(3) OJ L 209, 24.7.1992 (OJ L 30, 9.2.1995) (as last modified).
(4) ECJ C-227-230/85.

(2001/C 113 E/251)

WRITTEN QUESTION E-3017/00

by Elizabeth Lynne (ELDR) to the Commission

(26 September 2000)

Subject: EU legislation on hygienic cutlery wrapping

Does the Commission have any information on whether there is presently any EU legislation pending or
passed on the hygienic presentation of wrapped cutlery in hospitals? Is there a statutory requirement for
fully wrapped and sealed cutlery in hospitals?

Answer given by Mr Byrne on behalf of the Commission

(31 October 2000)

There is no Community legislation regarding the hygienic presentation of cutlery wrapping in hospitals.
Likewise, there is no statutory requirement for fully wrapped and sealed cutlery in hospitals. As health care
systems are a national responsibility, national legislation may exist for each Member State in this area.

(2001/C 113 E/252)

WRITTEN QUESTION E-3022/00

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

(26 September 2000)

Subject: Need to standardise the colour of the lights on emergency vehicles in the Community

In Spain the colour of the lights on emergency vehicles has not so far been brought into line with the
colour used in other Community countries, where such lights are blue. This means that priority and

18.4.2001

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Official Journal of the European Communities

C 113 E/231

emergency services such as the fire brigade and the ambulance service have lights of the same amber
colour as, for example, the refuse collection service or slow-moving vehicles, with blue being reserved
solely for the police. This state of confusion causes traffic problems for emergency vehicles and even places
the general public at risk.

In October 1995 and May 1996 the Federation of European Fire Officers(cid:146) Associations urged the Spanish
authorities responsible for road traffic to revise its rules concerning the lights used on emergency vehicles,
whilst the Spanish Firemen(cid:146)s Association has made repeated representations to those same authorities,
calling for Spain to bring itself into line with other European countries by equipping priority vehicles with
blue flashing lights instead of amber ones. The Directorate-General for Civil Defence has also agreed that
there is a need for harmonisation with the other countries of the EU.

So far, the Spanish authorities responsible for road traffic have argued that not all the sectors affected wish
to see amber flashing lights replaced by blue ones on priority vehicles. However, this has been denied by
the leaders of the Spanish Firemen(cid:146)s Association and in successive statements made by the above-
mentioned parties involved.

In the absence of specific EU rules governing this issue, does the Commission not think that,
in the
interests of greater public safety, the colours of the emergency lights on priority vehicles should be the
same throughout the EU Member States?

Answer by Mr Liikanen on behalf of the Commission

(14 November 2000)

It is true that at present there is no directive for the harmonisation throughout the Community of the
type-approval of special light equipment on certain vehicles.

However, Regulation No 65 of the UN Economic Commission for Europe provides a response to this
concern, laying down technical provisions on the type-approval of special warning equipment such as
flashing and revolving lights.

The Community has not approved this regulation because of the Member States(cid:146) wish to retain the option
of regulating the technical specifications and use of such equipment, especially for law enforcement
vehicles.

Should there be any change in this desire, however, the Community could well plan to adopt the
regulation and harmonise the equipment of emergency vehicles in order to distinguish them from slow-
moving vehicles.

(2001/C 113 E/253)

WRITTEN QUESTION E-3024/00

by Marie-Noºlle Lienemann (PSE) to the Commission

(26 September 2000)

Subject: Harmonisation of safety standards in the field of decoration and dyeing

What measures does the Commission propose to take to harmonise safety standards in the field of
decoration and dyeing?

Legislation in this area varies widely throughout Europe and is not always fully respected. The various
solvents and colourings used can also trigger allergies or other medical problems.

Does not the Commission think that health protection standards at European level should be imposed in
this field?