WRITTEN QUESTION E-4134/00 by Gerhard Schmid (PSE) to the Commission. Directive on cableway installations.
Date: 2001-01-16
Institutions: European Parliament, Provisional data
Subjects: EC Directive, cable transport, carriage of passengers, mountain, transport accident, transport safety

19.6.2001

EN

Official Journal of the European Communities

C 174 E/237

(2001/C 174 E/254)

WRITTEN QUESTION P-4130/00

by Ingo Schmitt (PPE-DE) to the Commission

(9 January 2001)

Subject: Non-recognition of German disability cards in Spain

Is the Commission aware that German cards attesting serious disability are not recognised in Spain and
that German people with serious disabilities are consequently unable to benefit from the privileges granted
to Spanish people with disabilities? Does this not constitute a clear breach of the non-discrimination clause
of the EU Treaty?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 March 2001)

In accordance with the principle of subsidiarity, the decision concerning the definition of (cid:145)disability(cid:146)(cid:129) and
thus eligibility for disability cards (cid:129) is taken at national level. This means that the conditions for issuing a
disability card are laid down by each Member State and that there is no mutual recognition of such cards
entitling holders to the various concessions available in Member States other than the one that issued the
card.

Under Community law the right to social assistance in another Member State depends on the personal
situation of the person involved. Therefore, in order to verify whether in the present case the refusal of
concessions available to holders of a Spanish disability card to a holder of a German disability card
constitutes an infringement of Community law, it would be necessary for the Commission to have more
details on this particular case. In principle, if a disabled person resides and works in Spain s/he should
receive equal treatment to nationals with the same level of disability even if this requires that the relevant
Spanish authorities determine his/her level of disability in accordance with national law. If s/he is resident
in Spain as an economically inactive person his/her right of residence is subject to the condition of having
sufficient resources to avoid becoming a burden on the social assistance system of the host Member State
and to being covered by sickness insurance in respect of all risks and, therefore, s/he would not be entitled
to social assistance.

On a general basis, Article 12 (ex Article 6) of the EC Treaty prohibits all discrimination on the grounds of
nationality within the scope of application of the EC Treaty. Thus, basic advantages for disabled people,
such a preferential parking spots or wheelchair facilities in airports, should be available to all disabled
Community nationals regardless of nationality. The consequent refusal of the above-mentioned basic
advantages to Community nationals travelling to another Member State as recipients of services could be
considered as discrimination on the grounds of nationality within the meaning of Article 12 of the EC
Treaty read in conjunction with Article 49 (ex Article 59) of the EC Treaty.

(2001/C 174 E/255)

WRITTEN QUESTION E-4134/00

by Gerhard Schmid (PSE) to the Commission

(16 January 2001)

Subject: Directive on cableway installations

The serious accident
11 November 2000.

involving the Kaprun glacier

railway at Kitzsteinhorn claimed 155 lives on

C 174 E/238

Official Journal of the European Communities

EN

19.6.2001

This prompts me to ask the Commission:

1. Are there grounds for supposing that the accident could have been avoided had the provisions of
European Parliament and Council Directive 2000/9/EC of 20 March 2000 relating to cableway
installations designed to carry persons already been in force at the time when the Kaprun funicular
railway was built?

2.

If not, does it intend to tighten up the existing directive in the foreseeable future?

Answer given by Mr Liikanen on behalf of the Commission

(28 February 2001)

1.
Directive 2000/9/EC of the Parliament and of the Council of 20 March 2000 relating to cableway
installations designed to carry persons (1) aims to ensure the safety of cableway installations by defining the
essential health and safety requirements which must be observed by all new installations,
including
funicular railways, cable cars and drag lifts designed to carry persons. It was adopted on 20 March 2000.
It will however only fully apply at the end of a 4-year transitional period (from the date of publication) on
3 May 2004. In the meantime these installations are primarily covered by national regulations.

Pending the findings of the investigations into the Kitzsteinhorn Glacier tragedy no assumptions can be
made in relation to whether the tragedy could have been avoided had the Directive been in application.

2.
Directive 2000/9/EC requires the lessons from past experience to be taken into account in the safety
analysis accompanying all planned installations and safeguard measures to be taken if any approved
installations or components are liable to endanger health or safety.

If the findings of the Kitzsteinhorn accident
investigation demonstrate the need to amend relevant
Community legislation, including Directive 2000/9/EC, the necessary proposals will be brought forward
as soon as possible.

(1) OJ L 106, 3.5.2000.

(2001/C 174 E/256)

WRITTEN QUESTION E-4145/00

by Michel Hansenne (PPE-DE) to the Commission

(16 January 2001)

Subject: Safety of lifts

In 1995 the Commission adopted a recommendation on improving the safety of existing lifts (95/216/
EC) (1). The European Parliament had taken the view that the safety of such lifts was a precondition for the
adoption of Directive 95/216/EC which laid down the safety principles applying to new lifts installed in
the Member States. In December 1998 Parliament also held a public hearing in order to inquire about
action taken by the Member States to improve the safety of the three million existing lifts in Europe. The
findings proved very disappointing. Accidents continue to occur, and are sometimes fatal.

What action does the Commission intend to take to ensure that Member States make the safety of old lifts
not covered by the new directive one of their priorities?

(1) OJ L 213, 7.9.1995, p. 1.