WRITTEN QUESTION E-1978/01 by Juan Naranjo Escobar (PPE-DE) to the Commission. New tests for emissions of pollutant gases.
Date: 2001-07-05
Institutions: European Parliament, Provisional data
Subjects: anti-pollution device, atmospheric pollutant, diesel engine, motor vehicle, pollution control, roadworthiness tests, testing

14.2.2002

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Official Journal of the European Communities

C 40 E/151

(2002/C 40 E/163)

WRITTEN QUESTION E-2033/01

by Alejandro Cercas (PSE) to the Commission

(13 July 2001)

Subject: Situation of Spanish pensioners who were previously employed in Gibraltar

For some time now the UK authorities have seriously discriminated against Spanish pensioners who were
previously employed in Gibraltar.

Since 1990 approximately 10 000 Spanish citizens have been denied the statutory contractual pension
increases received by their former colleagues who still live in Gibraltar.

This state of affairs has become even more deplorable and incomprehensible since the proclamation of the
EU Charter of Fundamental Rights.

Since this issue clearly constitutes a breach of the spirit and the letter of the Treaties, what action has the
Commission taken (or is it intending to take) vis-(cid:224)-vis the UK authorities with a view to urgently rectifying
a state of affairs which is incompatible with the European social model?

Joint answer
to Written Questions P-1962/01, E-1979/01 and E-2033/01
given by Mrs Diamantopoulou on behalf of the Commission

(4 September 2001)

The Honourable Member wishes to know the Commission(cid:146)s position regarding the problems encountered
by numerous pensioners who formerly worked in Gibraltar, who complain that their pensions have not
been increased since 1990 or subject to any periodic adjustment.

The Commission wishes to inform the Honourable Member that it is in the process of examining the
problem in question with regard to Community law, and in particular the principle of equality of
treatment provided for in Article 3 of Regulation (EEC) No 1408/71 (1) and Article 10, which waives
residence clauses for the payment and calculation of pensions.

In order to be in a position to examine the complaint, the Commission has asked the British authorities to
provide detailed information on the pensions adjustment scheme in Gibraltar and to give their opinion on
its compatibility with Community law.

The Commission will inform the Honourable Member of any further action taken on the matter.

(1) Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed
persons and their families moving within the Community (OJ L 149, 5.7.1971) and Council Regulation (EEC)
No 574/72 of 21 March 1972, fixing the procedure for implementing Regulation (EEC) No 1408/71 (OJ L 74,
27.3.1972) (updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28, 30.1.1997).

(2002/C 40 E/164)

WRITTEN QUESTION E-1978/01

by Juan Naranjo Escobar (PPE-DE) to the Commission

Subject: New tests for emissions of pollutant gases

(5 July 2001)

The new tests used to measure emissions of pollutant gases by diesel vehicles, whereby cars must
accelerate at levels that may exceed those recommended by the manufacturer, are resulting in damage to

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vehicles. These tests are carried out in accordance with a directive that stipulates that a car(cid:146)s exhaust pipe
must be purged by a minimum of three cycles of no-load acceleration or an equivalent method. To carry
out these tests, cars accelerate while stationary to 5 000 or 5 500 revolutions per minute, despite the fact
that manufacturers recommend not exceeding 2 200 revolutions.

In view of this situation, the European automobile association has called on the Commission to modify the
current rules, which disadvantage vehicle owners and compromise the reputation and good practice of the
vehicle inspection centres which, in the final instance, assume responsibility for any damage caused while
the tests are being carried out.

Bearing in mind the fact that sometimes, repeating the test two or three times is not sufficient to detect
with certainty the level of emissions, which results in an even greater stress on the vehicle, does the
Commission intend to take any action in response to the concerns raised by the European automobile
association?

Answer given by Mrs de Palacio on behalf of the Commission

(6 September 2001)

Steady improvements in the emissions performance of motor vehicles have been made over the last
decade, mainly as a result of improved engine technology and cleaner fuels and these improvements will
continue for the future. As emission reduction technology evolves, the effectiveness of roadworthiness
standards needs to ensure that the test procedures and standards are still capable of detecting gross
emitters.

The aim of the roadworthiness test for vehicle emissions is to identify motor vehicles that are gross
polluters, i.e. pollute at levels significantly in excess of prescribed limits. The roadworthiness test for smoke
opacity needs to be relatively quick, simple and cheap to perform. Its aim is not to attempt to replicate real
world conditions but to identify vehicles that are poorly maintained.

Diesel vehicles need to be tested for the opacity of the generated exhaust smoke during a transient, (cid:145)free
acceleration(cid:146) engine test where the engine is accelerated against its own inertia. The test first became
mandatory from 1 January 1996 (1).

However, some Member States that carry out the diesel smoke opacity test have faced the problem of
engine failure. Engines can fail
if they are grossly inadequately maintained and if the engine is not
sufficiently pre-conditioned, i.e. the test is conducted from a cold start.

With these problems in mind, the Commission tasked the International Vehicle Inspection Committee
(CITA) to refine the method of testing and inspection. Based on the experiences that their members had
with inadequate testing repeatability and engine failures, CITA proposed a revised testing procedure that
introduced control to the rate of engine acceleration and included a preconditioning criterion to ensure the
engine was sufficiently warm before testing commenced. These recommendations were incorporated in an
amending directive (2), which has recently come into effect.

Consequently,
testing authorities will need to train testers on how to comply with the Directive(cid:146)s
provisions, in particular regarding the initial engine assessment (to ensure that the engine has no obvious
fault that could render it vulnerable to failure in the test), the minimum pre-conditioning temperature and
the rate of application of the engine(cid:146)s accelerator.

As has happened to modern petrol driven vehicles, new diesel passenger cars are to be equipped with on-
board diagnostic (OBD) systems from 2003 and OBD systems will be required for light commercial
vehicules from 2005. The OBD system will monitor the functioning of the emission control system and
once equipped, the OBD system may well provide a cost-effective alternative to physical testing of the
diesel. The Commission is currently carrying out work on how best to incorporate this benign technology
into the roadworthiness test.

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Nevertheless, in the interim and for the existing fleet, the currently required smoke opacity test is necessary
to ensure that the gross polluters are identified and rectified as a condition for free circulation.

(1) Directive 92/55/EEC, OJ L 225, 10.8.1992.
(2) Directive 1999/52/EC, OJ L 142, 5.6.1999.

(2002/C 40 E/165)

WRITTEN QUESTION E-1983/01

by Dorette Corbey (PSE) to the Commission

(6 July 2001)

Subject: Implementation of environment legislation

The European Commission rightly places a strong emphasis on the importance of sound implementation
of environmental legislation. Environmental legislation is often highly technical and complicated.

Is the Environment DG sufficiently staffed closely to monitor

implementation of European
1.
environmental legislation and where necessary to take action against Member States that continue to be
in breach of it?

How often does it happen in the Environment DG that infringement proceedings against a Member

2.
State are prepared by an official who is paid by that same Member State?

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

(6 September 2001)

One of the duties of the Commission, pursuant to Article 211 (ex Article 155) of the EC Treaty, is to
ensure the correct application of the provisions of the Treaty and the measures taken by the institutions
pursuant thereto. Implementation of Community environment law is therefore one of the main priorities
of the Commission.

In the Environment Directorate General, the number of new complaints concerning alleged instances of
non- compliance with Community environment legislation has increased steadily over the past few years.
162 new complaints were registered in 1996 while 534 new complaints were lodged with the
Commission in 2000.

On 25 July 2001 the total number of on-going investigations concerning instances of non-respect of
Community environment law, was 1161, representing 34 % of all Commission(cid:146)s total open cases.

Over the same period the unit responsible for monitoring implementation of Community environmental
legislation has received a significant staff reinforcement (both through internal redeployment of existing
human resources and new posts) equivalent to just under 20 %. However, this reinforcement has not kept
pace with the increasing workload and the unit remains a priority area for additional resources should they
become available as requested by the Commission in the 2002 preliminary draft budget.

the Commission makes full use of

In the preparatory phase,
the expertise made available by the
administrations of Member States in the form of seconded national experts. However, the supervision of
the implementation of the Commission(cid:146)s duties pursuant to Article 211 of the EC Treaty, and in particular,
the preparation and implementation of Commission(cid:146)s decisions in the context of
the infringement
proceedings set out in Articles 226 (ex Article 169) and 228 (ex Article 171) of the EC Treaty is managed
by the Commission(cid:146)s own staff.