WRITTEN QUESTION P-0553/02 by Cecilia Malmström (ELDR) to the Commission. Studded tyres for journeys in the Member States.
Date: 2002-02-21
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, motor car, pneumatic tyre, road safety, road traffic

4.7.2002

EN

Official Journal of the European Communities

C 160 E/221

Council Directive 91/628/EEC of 19 November 1991 provides a set of rules on the protection of animals
during transport (1) and Commission Regulation (EC) No 615/98 of 18 March 1998 (2) links the conditions
for granting export refunds to the compliance of such rules. Member States have had clear difficulties in
enforcing the current Community legislation. The Commission shares most of the views expressed by the
Parliament on this issue, and believes that better enforcement is essential to improve the current situation.

A new opinion of the Scientific Committee on Animal Health and Animal Welfare is expected in March
2002. This report will provide a comprehensive and wide-ranging scientific review of issues related to
look at the current definitions of travelling times and loading
animal transport. In particular,
densities and how they could be improved. The Commission has already undertaken to present further
legislative proposals in the light of the report during the first part of this year.

it will

With regard to export refunds, the Commission believes that the right balance has to be found between
the different aspects of this very complex question. It would not be appropriate to remove export refunds
for live cattle simply to hand over the export of cattle to other exporting countries. The traditional ‘cattle
purchasing’ countries would not change into meat importers. Removing export refunds would be too
harsh a measure for the beef sector as a whole and for the producers that are highly dependent on export.
Nevertheless, the Commission is now examining the possibility of introducing stricter welfare conditions
for the transport of animals, and stricter requirements and controls for the granting of export refunds.

(1) OJ L 340, 11.12.1991.
(2) OJ L 82, 19.3.1998.

(2002/C 160 E/282)

WRITTEN QUESTION P-0553/02

by Cecilia Malmström (ELDR) to the Commission

(21 February 2002)

Subject: Studded tyres for journeys in the Member States

Harsh winters, primarily in Sweden, Norway and Finland, mean that motorists in those countries have to
use studded tyres on their vehicles in order to drive safely. Under Swedish law, studded tyres may be used
from 1 October to 30 April each year. Winter traction tyres are compulsory for journeys between
1 December and 31 March if there are winter conditions on the roads.

Studded tyres often give rise to complications on journeys abroad. In Germany, through which nearly all
motorists from Scandinavia must travel on their way to another Member State, there is a total ban on
studded tyres. At the same time, studded tyres may be used in other Member States, such as Belgium. As a
large majority of Scandinavian motorists use studded tyres during the winter, the German ban on studded
tyres forces many of them to change tyres, and therefore invest in winter traction tyres, just to be able to
travel through Germany on their way to their final destination.

Despite the rules on winter tyres, Sweden allows foreign vehicles to drive through the country with
ordinary summer tyres. Germany and other Member States, however, do not have such special rules for
foreign vehicles, which would seem to constitute an obstacle to freedom of movement.

Does the Commission intend to take any measures to persuade Germany and other Member States which
have banned studded tyres to introduce special rules for foreign vehicles with studded tyres?

C 160 E/222

Official Journal of the European Communities

EN

4.7.2002

Answer given by Mr Bolkestein on behalf of the Commission

(19 March 2002)

The use of studded tyres is not harmonised at Community level. For this reason, Member States are entitled
to adopt their own rules on their use, provided these rules comply with the provisions of the EC Treaty.

Article 28 of the EC Treaty prohibits quantitative restrictions on imports and any measures having the
equivalent effect, capable of hindering, directly or indirectly, actually or potentially, intra-community trade
(cf. Judgment of the Court of 11 July 1974, Case 8/74, Dassonville, ECR 1974, 837, point 5).

The German provisions that forbid the use of studded tyres are intended to prevent these tyres being
imported into Germany and they oblige drivers from other Member States whose vehicles are equipped
with these tyres to take specific measures (change the tyres/buy other tyres), if they wish to travel on the
German road network.

It has been held consistently by the Court that certain restrictive measures by Member States may however
be justified, if it can be shown that they are necessary for reasons referred to in Article 30 of the EC Treaty,
particularly those of public policy and security and the protection of health and life of humans or for
imperative requirements such as road safety and/or the protection of the environment (cf. the recent
Judgment of the Court of 12 October 2000 in the Case C-314/98 ‘Snellers Auto’s BV’).

The Commission considers that a ban on using studded tyres during certain periods of the year (e.g. on a
clear road at an inappropriate speed), or in general, may be justified by reasons of road safety and
protection of the environment.

With regard to this, the Commission refers to the answer it gave to written question E-2401/98 from
Ms Matikainen-Kallström (1).

(1) OJ C 135, 14.5.1999.

(2002/C 160 E/283)

WRITTEN QUESTION P-0565/02

by Elisa Damião (PSE) to the Commission

(21 February 2002)

Subject: Lisbon strategy

The Lisbon strategy for the years up to 2005 and 2010 has set employment growth targets to increase the
number of women in work to 60 % and the overall rate to 70 %. The hope is that this growth will be
founded simultaneously on technological innovation and social cohesion. However, the forward study by
the Science and Technology Observatory on the impact of
technology and structural change on
employment, covering the period up to 2020, is at variance with the targets and even maintains that the
future productivity gain will benefit the economy but not employment, which, on the contrary, will
continue to rise in the traditional business sectors.

How does the Commission propose to respond? Will it revise the Lisbon targets or adopt more realistic
employment growth strategies?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 March 2002)

The Commission remains committed to the achievement of the employment targets defined by the
European Council
in Lisbon (23 and 24 March 2000) and Stockholm (23 and 24 March 2001) and
confirmed in Laeken (14 and 15 December 2001). Its synthesis report prepared for the Barcelona meeting