WRITTEN QUESTION E-0592/01 by Richard Howitt (PSE) to the Commission. Applicability of European-approved specification EN1317 for safety barriers.
Date: 2001-03-01
Institutions: European Parliament, Provisional data
Subjects: European standard, award of contract, derogation from EU law, harmonisation of standards, road safety, safety device, standardisation, technical barriers to trade

C 261 E/154

Official Journal of the European Communities

EN

18.9.2001

Answer given by Mr Vitorino on behalf of the Commission

(10 April 2001)

According to the information provided by the Honourable Member, the reason for refusing to grant access
to public housing to the third country nationals in the case in question was the absence of a permanent
residence permit of the applicants involved.

Under current Community law, there is no Community instrument, which regulates the access of third
country nationals to public housing (1). The October 1999 Tampere European Council stressed that the
Union must ensure fair treatment of third country nationals who reside legally on the territory of its
Member States. A more vigorous integration policy should aim at granting them rights and obligations
comparable to those of Union citizens. It should also enhance non-discrimination in economic, social and
cultural life and develop measures against racism and xenophobia. The implementation of this objective is
the subject of a legislative agenda, specified in the Justice and Home Affairs Scoreboard (2), which the
Commission presented to the Parliament and to the Council in March 2000.

The proposals which are envisaged by the Commission encompass measures on the admission and the
rights and obligations of specific groups of third country nationals (long-term residents, workers, self
employed persons, students, (cid:133)). These instruments will pursue the aim of ensuring equality of treatment
between third country nationals and nationals of the Member State concerned in a broad range of areas
including access to housing. Rights of third country nationals will be differentiated according to the length
of stay and the most coherent set of rights will be attributed to long-term resident third country nationals.
This would be in line with the objectives set in Tampere and also with the idea, expressed by the
Commission in its November 2000 (cid:145)Communication on a Community Immigration Policy(cid:146) (3), that the
rights enjoyed by third country nationals may be incremental and related to the length of stay.

As regards Article 13 of the EC Treaty, this provision allows the Community to take action to combat
discrimination but it has no direct effect. It therefore does not grant individuals any right which can be
enforced before national courts or the Court of Justice.

The Charter of Fundamental Rights of the European Union (4), which has been proclaimed at the Nice
European Council, is an instrument to verify respect for fundamental rights by the institutions and the
Member States when they act under Union law. In the absence of Community legislation addressing
specifically the access of third country nationals to public housing, the criticised German practice cannot
be considered to conflict with the provisions of the Charter.

(1) With the exception of third country members of the family of a citizen of the Union having exercised his right to

freedom of movement.

(2) Communication from the Commission to the Council and the Parliament (cid:129) Scoreboard to review progress on the
in the European Union; (COM(2000) 167 final); (updated

creation of an area of (cid:145)Freedom, security and justice(cid:146)
by the Biannual update (second half of 2000)) (COM(2000) 782 final).

(3) Communication from the Commission to the Council and the Parliament on a Community immigration policy

(COM(2000) 757 final).
(4) OJ C 364, 18.12.2000.

(2001/C 261 E/178)

WRITTEN QUESTION E-0592/01

by Richard Howitt (PSE) to the Commission

(1 March 2001)

Subject: Applicability of European-approved specification EN1317 for safety barriers

Could the Commission comment on the enforceability of specification EN1317 in relation to road safety
barriers in EU Member States? Are there any special
issues relating to the United Kingdom, given
difficulties experienced by Sistema Construction (UK) Limited in selling to the UK Highways Agency,
which apparently apply a separate national standard?

18.9.2001

EN

Official Journal of the European Communities

C 261 E/155

Answer given by Mr Bolkestein on behalf of the Commission

(8 May 2001)

Where the public authorities of a Member State procure goods, works or services, there is an obligation to
comply with the Community directives on public procurement. More specifically,
in the case of the
procurement of road safety barriers by the British Highways Agency, there is an obligation to comply with
Council Directive 93/36/EEC of 14 June 1993, co-ordinating procedures for the award of public supply
contracts (1).

Directive 93/36/EEC imposes a broad range of requirements, including an obligation for Community-wide
advertising, the selection of candidates based on specified criteria and the use of non-discriminatory
technical criteria in any contract documentation. As regards the latter requirement, Directive 93/36/EEC
states that where European standards exist, then as a general rule public authorities must specify their
requirements by reference to those standards. There are a number of exceptions to this rule, including
where the European standard does not contain provision for establishing conformity of a product to the
relevant standard and, in certain circumstances only, where use of European standards would oblige the
contracting authority to acquire supplies which are incompatible with equipment already in use. Deroga-
tions from the general rule have to be interpreted restrictively.

The European Norm (EN) 1317 is designed to establish a European standard for road restraint systems and
contains six parts. Part 1 concerns terminology and general test criteria for test methods of road restraint
systems. Part 2 deals with performance classes, impact test acceptance criteria and test methods for safety
barriers. Part 3 addresses performance classes, impact test acceptance criteria and test methods for crash
cushions. Parts 1, 2 and 3 have been approved by the European Committee for Standardisation (CEN) as
European Standards. Parts 4, 5 and 6 of EN 1317 which concern terminals and transitions of safety
barriers, durability and evaluation of road restraint system conformity and pedestrian parapets, are
awaiting approval by CEN and are formally not yet European Standards.

An investigation has begun in another Member State concerning its use of a standard which would appear
to conflict with EN 1317. A number of questions have been raised with that Member State which has been
asked to justify why it did not specify its requirements in procurement contract documentation by
reference to the relevant European Standard. The investigation has only recently begun and the Commi-
ssion has not yet received the Member State(cid:146)s reply.

The Commission does not have specific information concerning the United Kingdom(cid:146)s use or otherwise of
EN 1317 in relation to the procurement of road safety barriers. The Commission now intends to write to
the United Kingdom authorities in this respect.

(1) OJ L 199, 9.8.1993.

(2001/C 261 E/179)

WRITTEN QUESTION E-0593/01

by Richard Howitt (PSE) to the Commission

(1 March 2001)

Subject: Mutual recognition of educational qualifications within the European Union

Further to an enquiry from my constituent, John Spencer, who lives at 68 Plains Field, Beckers Green,
Braintree, Essex, CM7 3PD, is the Commission aware that this person was not given equal treatment as a
teacher in Austria, despite his attainment of a Post-Graduate Certificate in Education from the University of
Cambridge, in contravention of Council Directive 89/48/EEC (1) of 21 December 1988 on a general system
for the recognition of higher education diplomas awarded on completion of professional education and
training of at least three years(cid:146) duration (incorporated in 294A0103(38) (2) and 294A0103(57) (3))?