WRITTEN QUESTION E-0542/02 by Gilles Savary (PSE) to the Commission. Combined transport and maximum weight of authorised vehicles.
Date: 2002-02-28
Institutions: European Parliament, Provisional data
Subjects: combined transport, commercial vehicle, derogation from EU law, interpretation of the law, transport regulations, weight and size

C 205 E/162

Official Journal of the European Communities

EN

29.8.2002

Is the Commission aware of these plans? How can it intervene to put an end to such projects which
threaten such sensitive regions as Thrace, which is a remote area of the Community and, unfortunately,
not one of the richest?

Answer given by Ms Wallström on behalf of the Commission

(12 April 2002)

The Commission is aware of the plans to prospect for and extract gold in Sapes and Perama, as it has
already received complaints on the subject. It has contacted the Greek authorities several times to request
information, notably on the situation with regard to the environmental impact study approval procedure.

Regarding the Sapes project, the information received from the Greek authorities shows that a preliminary
decision on location was adopted on 10 February 2000, but no environmental impact study has been
submitted to the Ministry of the Environment. The Greek authorities have confirmed that the provisions of
national and Community law will be observed during the authorisation procedure.

Regarding the Perama project, a preliminary decision on location was adopted on 24 March 2000 and an
environmental impact study submitted to the Ministry of the Environment. The information received from
the Greek authorities indicates that, owing to the complexity of the project, a scientific committee has
been set up to assess its effects and decide whether additional studies should be carried out. The Greek
authorities have undertaken to inform the Commission when the procedures for assessing the impact study
and approving the environmental conditions for the project concerned have been completed.

The Commission will continue to keep a close eye on both projects and, if necessary, will take appropriate
measures to ensure that Community environmental legislation is observed.

(2002/C 205 E/174)

WRITTEN QUESTION E-0542/02

by Gilles Savary (PSE) to the Commission

(28 February 2002)

Subject: Combined transport and maximum weight of authorised vehicles

Council Directive 96/53/EC (1) laying down for certain road vehicles circulating within the Community the
maximum autorised dimensions in national and international traffic and the maximum authorised weights
in international traffic only authorises a derogation of 40-44 tonnes for combined transport vehicles with
a 40-foot ISO container.

Is the Commission aware that certain Member States interpret this measure restrictively, reserving it, for
example, for combined road-rail and road-waterway transport only, thereby excluding combined road-sea
transport? How does the Commission envisage remedying this situation?

The Community has made the development of combined transport one of its political priorities, as recently
restated in the White Paper on European transport policy for 2010.

Does the Commission therefore intend to amend Directive 96/53 to extend the 44-tonne derogation
currently authorised for the combined transport of ISO 40-foot containers to the whole of combined
transport? If not, what measures does it envisage proposing to overcome this obstacle, which is
jeopardising the development of combined transport, in particular that involving sea transport?

(1) OJ L 235, 17.9.1996, p. 59.

29.8.2002

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Official Journal of the European Communities

C 205 E/163

Answer given by Mrs de Palacio on behalf of the Commission

(15 April 2002)

The rules concerning the total authorised weight for road vehicles derive from Council Directive 96/53/EC
laying down for certain road vehicles circulating within the Community the maximum authorised
dimensions in national and international traffic and the maximum authorised weights in international
traffic (1), and the definition of ‘combined transport’ which appears in Council Directive 92/106/EEC of
7 December 1992 laying down the common rules for certain combined transport operations between
Member States (2). This definition explains why, when a seaport is involved, the combined transport
concept entails compliance with two conditions at the same time: the sea leg must be in excess of 100 km
as the crow flies and the (initial and final) road legs cannot exceed 150 km as the crow flies.

To benefit from the 44 tonne derogation under the Community provisions, an intermodal sea/road
transport operation must therefore simultaneously meet the following three conditions:

? sea leg of over 100 km as the crow flies;

? initial and final road leg within a maximum radius of 150 km, as the crow flies;

? use of a 40 foot ISO container and a three-axle motor vehicle with semi trailer with two or three
axles, complying with the maximum authorised weight per axle (as indicated in Annex I (point 3) of
Directive 96/53/EC).

All the Member States have incorporated the two directives into their national law. According to the
information available to the Commission, France is correctly applying the rules laid down by Community
law, and there is therefore no reason for the Commission to intervene.

However, pursuant to Directive 96/53/EC, Member States may allow the movement on their territory of
vehicles with weights and dimensions departing from those provided for in the directive. Accordingly,
certain Member States have gone beyond the measures required on this particular point. However, the
measures in question cannot be laid down by the Commission.

the Commission proposed (3) amending Directives 92/106/EEC and 96/53/EC.
On 10 July 1998,
Parliament has adopted amendments deleting two very importance measures, namely the permanent
derogation from banning week-end movements and the generalisation of the authorisation of 44 tonnes
for any type of combined transport. Accordingly, the proposal would become much less worthwhile. The
Commission therefore withdrew it (4).

Although the 44 tonne rule may be of interest for certain types of intermodal transport, it is difficult to
measure its positive impact on the development of combined transport. Accordingly, it seems a matter of
priority to address the structural problems slowing down the development of intermodal transport. The
Marco Polo programme, and in particular its catalysing actions and those intended to build shared
knowledge should make it possible to determine the best ways of achieving this objective.

(1) OJ L 235, 17.9.1996.
(2) OJ L 368, 17.12.1992.
(3) Proposal for a Council Directive amending Directive 92/106/EEC and proposal for a Council Directive amending

Directive 96/53/EC, OJ C 261, 19.8.1998.

(4) COM(2001) 763 final.

(2002/C 205 E/175)

WRITTEN QUESTION E-0544/02

by Elly Plooij-van Gorsel (ELDR) to the Commission

(28 February 2002)

Subject: Implementation of Directive 98/44/EC on the legal protection of biotechnological inventions

In 1997, Parliament approved Directive 98/44/EC (1) on the legal protection of biotechnological inventions.
In 2001, the Court of Justice in Luxembourg dismissed an application by the Netherlands Government for