WRITTEN QUESTION P-3934/00 by Theodorus Bouwman (Verts/ALE) to the Commission. Emission standards for diesel locomotives.
Date: 2000-12-06
Institutions: European Parliament, Provisional data
Subjects: European standard, air quality, aircraft, diesel engine, electric machinery, environmental protection, vehicle on rails, vessel

C 163 E/228

Official Journal of the European Communities

EN

6.6.2001

Investment firms providing investment services (among which underwriting and placing) are obliged to
respect national legislation implementing Council Directive 93/22/EEC of 10 May 1993 on provision of
investment services in the securities field (1) (investment services Directive). Article 11 of the said Directive
expressly requires that the intermediary acts honestly and fairly in conducting its activities in the best
interest of its client, makes adequate disclosure of material information in its dealing with its client and
tries to avoid conflicts of interest and, when these cannot be avoided, ensures that its clients are fairly
treated.

As far as prospectuses are concerned, Council Directive 80/390/EEC of 17 March 1980, coordinating the
requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the
admission of securities to official stock exchange listing (2) requires that the prospectus contain the
information which is necessary to enable the investors and their advisors to make an informed assessment
of the assets and the liabilities, financial position, profit and losses and prospect of the issuer and of the
right attaching to the securities. The listing particulars have to be approved by the competent authorities.
However, the responsibility for their content is on the persons responsible for drafting the prospectus.
Those persons are required to declare that to the best of their knowledge, the information given in the
prospectus is in accordance with the facts and contains no omissions likely to affect the assessment of the
issuers or the securities. Violations to these obligations are sanctioned according to national legislation.

Publication of financial research and analysis falls, however, outside the scope of the above directives,
because it cannot be qualified as provision of investment services to the public.

No other provisions have been agreed on rules for publication of financial research and analysis by
financial intermediaries.

According to the financial services action plan the Commission is required to put forward a new
prospectus directive and to upgrade the investment services Directive (93/22/EEC) as well as a new
directive to improve investor protection. The Commission has recently published a communication on
upgrading the investment services Directive (3). This communication is intended to open a wide debate on
several issues including the question of the definition of investment services and conduct of business rules.

The action plan provides also for an updating of the directive on prospectuses.

In addition, the Commission is drafting a proposal for a new directive on market abuse which should also
cover the provision of false information affecting the price of the securities traded on regulated markets.

(1) OJ L 141, 11.6.1993.
(2) OJ L 100, 17.4.1980.
(3) COM(2000) 729 final.

(2001/C 163 E/269)

WRITTEN QUESTION P-3934/00

by Theodorus Bouwman (Verts/ALE) to the Commission

Subject: Emission standards for diesel locomotives

(6 December 2000)

The transport of goods by rail needs to be modernised in line with developments in road transport and
inland waterways. Modern inland waterways vessels and freight vehicles (Euro III) are subject to (more)
stringent emission standards. In contrast to developments in the United States, there are no rules in the
locomotives. According to the National Traffic and Transport Plan (of
European Union on diesel
14 October 2000), the Netherlands is working within the EU towards introducing emission standards for
diesel locomotives.

To what extent
locomotives appear as a separate category (Annex I: Scope)?

is the Commission considering modifying directive 97/68/EC (1)

in which railway

6.6.2001

EN

Official Journal of the European Communities

C 163 E/229

To what extent is the Commission prepared to follow the EPA(cid:146)s (cid:145)Emission Standards Locomotives (63 Final
Rule 18977)(cid:146)?

Does the Commission have a plan for phasing out obsolete (diesel) locomotives, or a programme for
bringing the emission standards for goods transport by rail in line with the standards in force for road
transport and inland waterways?

(1) OJ L 59, 27.2.1998, p. 1.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(9 January 2001)

Directive 97/68/EC of the Parliament and of the Council of 16 December 1997 on the approximation of
the laws of the Member States relating to measures against the emission of gaseous and particulate
pollutants from internal combustion engines to be installed in non-road mobile machinery (1) has certain
limitations. It only covers compression ignition (diesel) engines with a power output between 18 and 560
kilowatt (kW). Furthermore certain applications are exempted (cid:129) not only railway locomotives but ships,
aircrafts and generating sets as well.

In recital 5 of the Directive, an extension of the scope to cover also gasoline engines is foreseen. A proposal
on this topic is currently on its way and will hopefully be adopted by the Commission shortly. A third
stage of emission limits for the compression ignition engines is also foreseen (Article 19) and the
development in this respect has recently started.

A possible extension of the scope of the Directive, to also cover ships and railway locomotives, is still to
be decided upon but it will be considered in connection with the ongoing development of the stage III for
compression ignition engines. If deciding to do so, a world-wide alignment will be an issue of high priority
and in that content current legislation in the United States will be of particular interest.

Furthermore, the Commission adopted on 12 October 2000 a proposal (2) for modification of the Directive
94/25/EC of the Parliament and of the Council of 16 June 1994 on the approximation of the laws,
regulations and administrative provisions of the Member States relating to recreational craft (3) to include
exhaust and sound emissions requirements on spark-ignition and compression ignition recreational marine
engines installed on pleasure boats.

(1) OJ L 59, 27.2.1998.
(2) COM(2000) 639 final.
(3) OJ L 164, 30.6.1994.

(2001/C 163 E/270)

WRITTEN QUESTION E-3935/00

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(13 December 2000)

Subject: Discriminatory treatment of a free-lance German study tour guide by Italian police

The Italian Government requires foreign tour guides to pass the local tour guide exam in every city they
intend to visit before they may offer their services in Italy. That even applies to tour groups from the
guide(cid:146)s country of origin (in this case, Germany).

On that basis, the Italian police prohibited a German study tour guide from continuing to take a German
group through the cathedral in Lucca, Italy, on 17 May 2000. After her name and address and those of the
tour company involved had been taken down, she and her group were ordered to leave the cathedral
immediately and not
to utter another word. The Italian police then imposed on her a fine of
ITL 1 666 666.