WRITTEN QUESTION E-4029/00 by Caroline Jackson (PPE-DE) to the Commission. HGV driving licence qualifications.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, approximation of laws, commercial vehicle, driving licence, vocational training

C 187 E/112

Official Journal of the European Communities

EN

3.7.2001

Answer given by Mr Bolkestein on behalf of the Commission

(13 March 2001)

As set out in its Green Paper on commercial communications (1) and the subsequent follow-up Commu-
nication (2), the Commission has long been aware that the different national regulations on commercial
communications (encompassing advertising, marketing, public relations (PR), sales promotion and sponsor-
ship) have a substantial detrimental effect on the functioning of the Internal Market.

In the context of its policy on commercial communications, the Commission will present a Communication
on sales promotion in the Internal Market, early this year which will set out in which areas it considers
that there is a need for harmonisation of sales promotion regulations, in order to improve the functioning
of the Internal Market. This will be based on the opinions adopted over the past two years by the Expert
Group on commercial communications, which consists of experts in sales promotion regulation nominated
by the Member States. The Communication will cover the following services: the communication of
discount offers, the communication of an offer of a free gift or premium and the communication of
promotional contests.

It should be noted also, that for on-line commercial communications of any type, the e-commerce
Directive 2000/31/EC of the Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the Internal Market (3) already foresees
a country of origin regime (as set out in Article 3 and Article 6), meaning that the content of any
commercial communication is subject to the law (and falls under the regulatory responsibility) of the
country from where it originates. With regard to the German law on premium offers and free gifts
(Zugabeverordnung), the Commission notes with interest that the German authorities have proposed its
abolition. The Commission will continue to follow developments closely.

(1) COM(96) 192 final.
(2) COM(1998) 121 final.
(3) OJ L 178, 17.7.2000.

(2001/C 187 E/119)

WRITTEN QUESTION E-4029/00

by Caroline Jackson (PPE-DE) to the Commission

(21 December 2000)

Subject: HGV driving licence qualifications

One of the drivers involved in an accident on the M4 motorway between London and Bristol on
28 November was a 20-year-old Belgian driver who was driving a heavy goods vehicle. In the United
Kingdom, it is not possible for anybody aged 20 to hold a HGV licence. Can the Commission explain why
it is possible for drivers to drive in a specific country with qualifications which are less stringent than those
of that country(cid:146)s nationals? Can the Commission also indicate whether it has any intention of harmonising
such heavy goods vehicle driving qualifications?

Answer given by Mrs de Palacio on behalf of the Commission

(6 March 2001)

Provisions concerning the minimum ages for drivers engaged in the carriage of goods are laid down in
Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social
legislation relating to road transport (1). In particular, Article 5 of the Council Regulation establishes
minimum ages for obtaining of an heavy goods vehicles (HGV) licence.

(b) (cid:129) 21 years, or

(cid:129) 18 years provided that the person concerned holds a certificate of professional competence
recognised by one of the Member States confirming that he has completed a training course
for drivers of vehicles intended for the carriage of goods by road,
in conformity with
Community rules on the minimum level of training for road transport drivers.

3.7.2001

EN

Official Journal of the European Communities

C 187 E/113

According to what is stipulated in this Article, it is possible for a 20-year-old Belgian holder to drive
a heavy goods vehicle in the United Kingdom if he holds a certificate of professional competence
recognised by one of the Member States. This provision of Council Regulation (EEC) No 3820/85 has
a direct effect.

Concerning the harmonisation of heavy goods vehicle(cid:146)s driver qualifications, the Commission submitted on
the 2 February 2001 to the Parliament and the Council a proposal for a Parliament and Council Directive
on the training of professional drivers of goods or passengers by road (2).

(1) OJ L 370, 31.12.1985.
(2) COM(2001) 56 final.

(2001/C 187 E/120)

WRITTEN QUESTION E-4031/00

by Theresa Villiers (PPE-DE) to the Commission

(21 December 2000)

Subject: Treatment of animals at markets in Belgium

A recent
film shows great cruelty being inflicted on animals at the Belgian markets of Ciney and
Anderlecht. The film was shot in July-September 2000. It shows cattle being repeatedly and viciously hit
with sticks on their flanks and across the face and head and the presence of injured, diseased and severely
lame animals at the market. In the worst scenes of the film, a rope is tied round the front leg of cattle who
cannot walk. The other end of the rope is attached to a vehicle which then drives away, in one case
dragging the animal along the ground and, in another, hauling an animal up a ramp on its back.

What steps is the Commission taking to require the Belgian authorities to end such cruelty at markets?
Will it consider preparing a draft Council Directive on the protection of animals at markets?

Answer given by Mr Byrne on behalf of the Commission

(13 March 2001)

The general protection of animals against cruel treatment remains a matter within the national competence
of the Member States.

The protocol on the protection and welfare of animals annexed to the EC Treaty by the Treaty of
Amsterdam requires both the Community and the Member States to pay full regard to the welfare
requirements of animals in formulating and implementing the Community(cid:146)s agriculture, transport, internal
market and research policies.

Council Directive 91/628/EEC as amended by Council Directive 95/29/EC of 29 June 1995 on the
protection of animals during transport (1) imposes detailed obligations on the transporter, such as the
provision in Article 5A.1(a) prohibiting the causing of unnecessary suffering to transported animals. The
breach of these provisions may, depending on the circumstances, involve cruel treatment of the animals.

To the extent that the animals shown in the video filmed at certain Belgian markets show animals which
could still be regarded as under the authority of the transporter, for example during loading or unloading,
it appears that some of the scenes shown would indicate breaches of the Directive as well as applicable
national law concerning animal protection.

The Commission has therefore intervened with the Belgian authorities requesting full explanations and
detailed information of the action taken to prevent re-occurrence of the type of incident shown.