WRITTEN QUESTION E-2075/01 by Bart Staes (Verts/ALE) to the Commission. Amendment of Article 296(1)(b) of the EC Treaty.
Date: 2001-07-13
Institutions: European Parliament, Provisional data
Subjects: Belgium, European arms policy, arms industry, award of contract, competition law, derogation from EU law, military equipment

14.2.2002

EN

Official Journal of the European Communities

C 40 E/179

In the USA, the NHTSA (National Highway Traffic Safety Administration) has found that in 1999 alone,
647 fatal road accidents (2 % of all fatal road accidents) were linked to low tyre pressures. The US
legislative authorities have accordingly passed a federal law (HR 5164, known as the (cid:145)Tread Act(cid:146)), section
13 of which requires all motor vehicles registered after 1 November 2003 to be fitted with tyre pressure
monitoring devices.

Given the above, how does the Commission intend to ensure that, following in the footsteps of the
pioneering US legislation, the greatest possible importance is accorded to public safety in this area,
particularly in view of the environmental implications involved?

(1) OJ L 329, 30.12.1993, p. 63.

Answer given by Mr Liikanen on behalf of the Commission

(26 September 2001)

The Commission is well aware that under-inflated tyres represent a significant cause of serious accidents
and can lead to an increase in fuel consumption and CO2 emissions.

It has now been well established that at least 1,4 % of fatal accidents in the EU are linked to tyre pressures,
which represents a potential of approximately 600 lives which could be saved through tyre-pressure
monitoring.

For some years now, the Commission has been closely following the development of tyre technology and
is convinced that a solution can be found through a global approach. Furthermore, it has raised these
the Group of Rapporteurs on Brakes and Running Gear and the
issues in the expert groups of
International Organisation for Standardisation (ISO) and also at the more official level of the World Forum
on the Standardisation of Vehicle Construction under the auspices of the United Nations. The results of the
work carried out by the experts are expected in autumn 2001.

The harmonisation of safety legislation currently in force throughout
the world could lead to a
requirement for wheel-tyre systems fitted with pressure sensors which immediately signal an under-
inflated tyre or a significant imbalance in pressure between tyres on the same axle.

The Commission is therefore examining the possibilities and the need for action in this field, particularly in
the light of the work of the World Forum on the Standardisation of Vehicle Construction.

(2002/C 40 E/193)

WRITTEN QUESTION E-2075/01

by Bart Staes (Verts/ALE) to the Commission

(13 July 2001)

Subject: Amendment of Article 296(1)(b) of the EC Treaty

In its answer to Question E-1323/01 (1) the Commission states that it has no intention of submitting to the
Council a proposal to remove all military products from the list of products to which the provisions of
Article 296(1)(b) apply. In that connection,
it refers to its communication of December 1997 on the
defence industry (2). The Commissioner responsible, Chris Patten, states that the Commission wishes to
encourage the introduction of specific instruments for the arms sector, with a view to creating the
conditions required for the establishment of an internal European market in such goods, thereby rendering
any moves to invoke Article 296 redundant.

This approach offers no guarantee that purchases of military material will not go hand in hand with
economic compensation, the point on which Question E-1323/01 focused. Compensation payments in
connection with military procurement have always been shrouded in an atmosphere of protectionism and
unsavoury business practices, since the decision-making process disregards market principles.
In that
connection, the decision by the Belgian Federation to do away with national compensation payments sent

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out an important signal. Moreover, Patten acknowledges this in the answer to Question E-1323/01:
(cid:145)the Commission welcomes the decision by the Belgian authorities to bring an end to the link between
military procurement and economic compensation payments for firms in Flanders and Wallonia(cid:146).

1. Why does the Commission take the view that communication COM(1997) 583 on the defence
industry offers better guarantees for transparent military procurement, consistent with market principles
and free from protectionism and unsavoury business practices, than the removal of all military products
from the list of products to which the provisions of Article 296(1)(b) apply?

How will communication COM(1997) 583 on the defence industry bring about transparent military
2.
procurement consistent with market principles and free from protectionism and unsavoury business
practices?

In the light of

the answers to questions 1 to 3, does the Commission intend, pursuant

to
3.
Article 296(2) of the EC Treaty, to submit a proposal to the Council to delete all military (cid:145)products(cid:146) from
the list of products to which the provisions of paragraph 1(b) of that article apply, a list adopted by the
Council on 15 April 1958? If not, why will the Commission not draw up such a proposal, in view of the
answers to questions 1 to 3?

(1) See p. 35.
(2) COM(1997) 583.

(2002/C 40 E/194)

WRITTEN QUESTION E-2076/01

by Bart Staes (Verts/ALE) to the Commission

(13 July 2001)

Subject: Revised standpoint of the Belgian Federation on national compensation payments

In its answer to Question E-1323/01 (1) the Commission welcomes the decision by the Belgian authorities
to end the link between military procurement and compensation payments for firms in Flanders and
Wallonia. The Belgian Federation took that decision on 15 December 2000. However,
in the face of
outside pressure the Belgian Government has recently revised its standpoint. As a result, national
compensation payments (cid:129) regrettable enough in themselves (cid:129) will once again form part of the political
decision-making process in connection with military procurement. Given that it welcomed the original
decision, it would seem logical for the Commission to deplore this revised standpoint.

Does the Commission welcome the revised standpoint of the Belgian Government concerning national
compensation payments in connection with military procurement? If so, how can the Commission
reconcile this view with the welcome it gave to the original Belgian decision to end the link between
national compensation payments and military procurement?

(1) See p. 35.

Joint answer
to Written Questions E-2075/01 and E-2076/01
given by Mr Patten on behalf of the Commission

(4 September 2001)

Like the Honourable Member, the Commission is anxious to guarantee transparency and to enforce
competition in the public procurement of arms as in other sectors; it would therefore like to add the
following comments to its answer to the Honourable Member(cid:146)s Written Question E-1323/01.

The communication of 1997 would have enabled the goal of transparency and respect of competition in
the arms sector to be achieved, had the proposals been adopted by the Member States. However, the
discussions on this communication within Polarm (Working Party on a European Arms Policy) ended in
failure at the end of 1999 after two years of talks, as the Member States were not ready to commit
themselves to any of the Commission(cid:146)s proposals to create a European market for arms.