WRITTEN QUESTION E-2752/01 by Jonas Sjöstedt (GUE/NGL) to the Commission. Cost of emission tests on imported cars.
Date: 2001-10-09
Institutions: European Parliament, Provisional data
Subjects: Sweden, combustion gases, import, motor car, price disparity, roadworthiness tests, transport regulations

4.7.2002

EN

Official Journal of the European Communities

C 160 E/37

(2002/C 160 E/041)

WRITTEN QUESTION E-2741/01

by Jorge Moreira Da Silva (PPE-DE) to the Commission

(5 October 2001)

Subject: Next World Trade Organisation Round

What measures does the Commission intend to take, within the framework of the forthcoming round of
WTO negotiations, so as to minimise the illegitimate competitive advantages gained by those states which
are not ratifying the Kyoto Protocol?

Answer given by Mr Lamy on behalf of the Commission

(21 November 2001)

(KP)

The Kyoto Protocol
the Union has pressed
consistently for the forthcoming WTO negotiations to cover MEAs as well as other environment-related
issues, in order to ensure that the WTO and MEAs support and do not undermine each other, including in
the ways referred to by the Honourable Member.

is a multilateral environment agreement

(MEA):

As reaffirmed in Gothenburg, the Union supports the entry into force of the KP by 2002, coinciding with
the World Summit on Sustainable Development in Johannesburg. Thus, the Commission has adopted a
proposal for a Council Decision on the ratification of the KP on behalf of the Community.

There is broad agreement that the annual costs for the Union to meet its Kyoto target will range from less
than 0,1 % to 0,3 % of the gross domestic product (GDP). The additional use of carbon sinks (planting
trees, forest management, ….) agreed in Bonn, together with the American pull-out, will very likely reduce
these estimations.

Certain energy-intensive sectors might be the most adversely affected, because they face international
competition and also because their marginal abatement costs are rather high. However, the actual costs for
sectors depend very much on how Member States will allocate their Kyoto reduction commitments among
sectors: either an across-the-board −8 % cut is applied to each sector or a least cost scenario within the
Union (contribution of sectors is greater the lower their marginal abatement costs). Nonetheless, further
work is necessary to identify measures which might be suited to help vulnerable industries to adjust to a
carbon-constrained world.

(2002/C 160 E/042)

WRITTEN QUESTION E-2752/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

(9 October 2001)

Subject: Cost of emission tests on imported cars

Some 500 private importers of cars, have via a company, sued the Swedish State over a sum of millions of
kronor (September 2000). They were forced to pay up to 12 600 kronors for emission tests, although
according to EU rules the charge should not exceed 900 kronor.

What is the Commission’s view on the Swedish rules on emission tests for privately imported cars? Are
private importers of cars right in claiming that they are having to pay an exorbitant charge?

C 160 E/38

Official Journal of the European Communities

EN

4.7.2002

Answer given by Mr Bolkestein on behalf of the Commission

(26 November 2001)

Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States
relating to roadworthiness tests for motor vehicles and their trailers (1) and for passenger cars requires that
all Member States shall inspect their vehicles at least when the car is four years old and then every two
years thereafter. Member States can require stricter standards for their own registered vehicles and around
half the Member States require the car to be tested at a greater frequency or at an earlier start date than the
minimum of the Directive. The roadworthiness test includes vehicle tail-pipe emission testing, as well as
safety inspections for braking and lighting performance, etc.

The Directive, in establishing minimum standards, guarantees free circulation. A vehicle that has a valid
roadworthiness certificate from one Member State can circulate in the Community, and elsewhere.
However, because the standards are minimal and because Member States can require higher standards for
their registered vehicles, then they can, and do require that vehicles pass their own roadworthiness test as a
condition of re-registration. Consequently, a car with a valid roadworthiness certificate, from say a German
or French testing Authority would need to undergo a further roadworthiness test as a condition of re-
registering in Sweden. Consequently, Sweden is within its rights to require cars to undergo their
roadworthiness test (under the conditions of Directive 96/96/EC) before the car can be re-registered in
Sweden.

Sweden is not within its rights to require any standard that they do not require for their own vehicles. If
the first Swedish roadworthiness test commences when their cars are three years old (as opposed to when
the car is four years old, which is the minimum start point of Directive 96/96/EC), then Sweden could test
cars that are at least three years old as a condition of re-registration. However, they should not, indeed can
not legally test cars from another Member State (that are type approved under Community law) any sooner
than they would test their own registered vehicles: to do so would be a distortion of competition.

In its case law, the Court of Justice sets out the conditions in which D in the absence of complete
harmonisation D an approval procedure laid down in a Member State for vehicles imported from another
Member State and already approved or authorised for use in that State may be considered as being in
conformity with Articles 28 to 30 (ex-Articles 32 to 36) of the EC treaty. For instance, the ‘checking
procedure should not entail unreasonable cost’ (2). However, on the basis of the information contained in
the Honourable Member’s question the Commission cannot assess the special circumstances in which some
of 500 individuals mentioned had to pay ‘up to 12 600 kronor’.

Had it been established that the amount to be paid for the exhaust emissions test discriminated against or
was prejudicial to the imported vehicles compared with similar or competing national vehicles, Article 90
(ex-Article 95) of
the EC Treaty prohibiting tax discrimination would then apply. The facts in the
Commission’s possession do not point to such discrimination.

(1) OJ L 46, 17.2.1997.
(2) See Case 406/85 (Gofette and Gilliard), ECR 1987, p. 2525.

(2002/C 160 E/043)

WRITTEN QUESTION E-2758/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

(9 October 2001)

Subject: Phasing out of import quotas for clothing

According to the international free trade agreement signed by the EU import quotas on clothing are to be
phased out by 2005. However by the end of 1997 the EU had phased out quotas only on products such as