WRITTEN QUESTION E-3693/01 by Adeline Hazan (PSE) to the Commission. Presence of asbestos in vehicles.
Date: 2002-01-17
Institutions: European Parliament, Provisional data
Subjects: France, asbestos, derogation from EU law, marketing restriction, vehicle

C 147 E/222

Official Journal of the European Communities

EN

20.6.2002

Answer given by Mr Bolkestein on behalf of the Commission

(4 March 2002)

Any policy of contracting which would have the effect of favouring national suppliers or forbid the
purchasing of services from suppliers from other Member States would not appear to be in conformity
with Community Law.

In the light of the judgements of the Court of Justice in the Geraets-Smits and Peerbooms case (C-157/99)
and in the Vanbraekel case (C-368/98), the British authorities informed the Commission of their intention
to clarify their existing rules on the purchasing of hospital services under the NHS system. They also
indicated that it was their intention to make clear to health authorities and primary care trusts that they
are able to commission services from other European countries.

The press issued reports of British patients being treated in other Member States in order for them to avoid
having to wait for NHS treatment.

The Court of Justice’s rulings in the above cases have given rise to a number of issues and the Commission
is collaborating with Member States to seek ways to resolve them.

(2002/C 147 E/235)

WRITTEN QUESTION E-3693/01

by Adeline Hazan (PSE) to the Commission

(17 January 2002)

Subject: Presence of asbestos in vehicles

As of 1 January 2002 vehicles in France in which certain sub-assemblies such as engines, brakes and
clutche mechanisms comprise elements containing asbestos can no longer be sold or transferred in any
other way, in accordance with Decree 96-1133 of 24 December 1996.

This measure, which means the disappearance of historic military vehicles, is particularly unjust. It also
threatens to cause substantial financial losses to individuals and the disappearance of a whole category of
workers, those involved in the sale and repair of second-hand cars.

Germany has already granted an additional period of five years for old vehicles.

Should not the Commission, and the Directorate-General for the Environment in particular, intervene and
draw up legislation providing for derogations from this measure? In view of what is at stake, the matter
should be regulated in a harmonised way at European level.

If so, should not an additional period be granted in order to allow the necessary modifications to be
carried out and, above all, to allow the owners of such vehicles, in particular vintage cars, to be properly
informed?

Finally, would it not be appropriate to refer the matter to the Scientific Steering Committee for an
assessment?

Answer given by Mr Liikanen on behalf of the Commission

(15 February 2002)

Commission Directive 91/659/EEC of 3 December 1991 adapting to technical progress Annex I to Council
Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the
Member States relating to restrictions on the marketing and use of certain dangerous substances and
preparations (asbestos) (1) restricts the use of asbestos in all
its forms. Thus, asbestos in the form of
amphibole is prohibited and asbestos in the form of chrysotile is limited to certain specific applications.

20.6.2002

EN

Official Journal of the European Communities

C 147 E/223

Decree No 96-1133 issued by France on 24 December 1996, which was notified in due time to the
Commission and which transposes this Directive, postpones its application to 31 December 2001 with
respect to motor vehicles and agricultural and forestry vehicles and equipment which entered into service
prior to 1 January 1997.

As regards motor vehicle brake linings, Member States have been required to prohibit the use of asbestos
from October 1999 onwards. In the case of other applications, there are substitute materials on the
market, and for a number of years automobile-industry suppliers had been developing asbestos-free clutch
plates and cylinder head gaskets.

The Commission does not wish to draw up a list of derogations to these measures as they were the subject
of lengthy assessments in the relevant working parties and have been in force at Community level since
July 1993.

(1) OJ L 363, 31.12.1991.

(2002/C 147 E/236)

WRITTEN QUESTION E-3694/01

by Adriana Poli Bortone (UEN), Franz Turchi (UEN),
José Ribeiro e Castro (UEN) and Isabelle Caullery (UEN) to the Commission

Subject: EDF funding to support industrial restructuring

(17 January 2002)

The tragic events of 11 September 2001 in the United States and the ongoing crisis caused by the
involvement of many European countries in military operations have hit the airline sector and related
industries extremely hard.

In addition to the damage caused by the closure of US air space following the 11 September attacks, this
situation has led to a free fall
in demand in the airline sector, with disastrous consequences for the
financial situation of companies which were already in difficulties.

Although some countries such as the United States and Switzerland have spent large sums of money on
propping up their airlines, in Europe the current crisis has further aggravated the already crucial situation
on the jobs market, given that many European airlines have announced tens of thousands of redundancies,
in addition to the jobs already lost in the United States.

Given the above, would the Commission state whether:

1.

2.

EDF funds are available for use in supporting workers affected by industrial restructuring programmes;

subject to the amendment of the current rules, which do not cover services companies, appropriations
could be allocated on an ad hoc basis to support the conclusion of job security agreements to lessen
the impact of the crisis on the thousands of people to be made redundant, inter alia as part of the
necessary restructuring and amalgamation of companies in the sector, for which the Commission has
itself called?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 February 2002)

The European Social Fund (ESF) B like the other Structural Funds B can provide important financial
support to deal with the employment effects of industrial restructuring. For 2000-2006, around € 60
billion of ESF is available for investment in human resources across the Union. ESF aims to support the
European Employment Strategy by promoting a preventive approach to labour market problems in the
Union including activities to pre-empt the impact of major redundancies/restructuring.