WRITTEN QUESTION E-1026/02 by Klaus-Heiner Lehne (PPE-DE) to the Commission. Discrimination arising from the introduction of local environmental legislation in four Swedish cities.
Date: 2002-04-15
Institutions: European Parliament, Provisional data
Subjects: Sweden, air quality, anti-discriminatory measure, diesel engine, environmental law, environmental protection, environmental standard, freedom of movement, motor vehicle

18.9.2003

EN

Official Journal of the European Union

C 222 E/1

I

(Information)

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

(2003/C 222 E/001)

WRITTEN QUESTION E-1026/02

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(15 April 2002)

Subject: Discrimination arising from the introduction of local environmental legislation in four Swedish

cities

legislation. The legislation applies to 3,5 tonnes diesel-engined vehicles,

On 1 January 2002, four Swedish cities (cid:1) Stockholm, Malmö, Gothenburg and Lund (cid:1) have introduced
new environmental
including
foreign-registered vehicles. Vehicles with engines built to European standards do not fulfil the requirements
of the new environmental legislation. As a result, their use in the four cities referred to is subject to
restrictions. The owners of the vehicles are obliged to have fitted a filter which is available only in Sweden
and which would nevertheless oblige them to run their vehicles on a special diesel fuel. The result in
practice is that only local coaches and undertakings can drive and/or operate in these cities.

Does the European Commission take the view that the situation outlined above constitutes a breach of EC
Treaty rules, especially the provisions relating to fundamental freedoms?

What will the Commission do if it accepts that the situation outlined above constitutes a breach of EC
Treaty rules?

Supplementary answer
given by Mr Bolkestein on behalf of the Commission

(11 December 2002)

Following the question of the Honourable Member, the Commission sent an administrative letter to the
Swedish authorities to request more detailed information regarding the matter. The Swedish authorities
have recently answered the Commission’s letter and presented the new environmental legislation.

According to the new Swedish provisions adopted by the municipalities in Stockholm, Gothenburg,
Malmö and Lund, heavy duty vehicles (gross vehicle weight of more than 3,5 tonnes) which are equipped
with a diesel engine and are more than eight years old cannot enter specified environmental zones in these
cities.

However, such vehicles may qualify for exemption from this ban if:

(cid:1) they have extra low emissions;

(cid:1) they are equipped with an approved after-treatment device (even if they have special bodywork); or

(cid:1) the engine has been appropriately modified.

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Official Journal of the European Union

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18.9.2003

According to the Swedish authorities the provisions are technically neutral in that they do not require any
particular technical procedure or device to be used. There are no requirements as to which type of diesel
fuel is to be used.

The aim of the provisions is stated to be the protection of human health and the improvement of
environmental conditions in particularly sensitive and densely populated areas. Further,
the Swedish
authorities maintain that the provisions are important measures in implementing Council Directive 1999/
30/EC (1) and that they reinforce the effect of the use of certain engines which have type-approval
according to Council Directive 88/77/EEC (2) (amended by Directive 1999/96/EC) (3).

The reply from the Swedish authorities is currently being examined by the relevant Commission services.
If the ongoing assessment leads to the conclusion that an infringement to the Community law has
occurred, the Commission would, of course, take all the appropriate steps.

(1) Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulfur dioxide, nitrogen dioxide and

oxides of nitrogen, particulate matter and lead in ambient air (cid:1) OJ L 163, 29.6.1999.

(2) Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating
to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (cid:1)
OJ L 36, 9.2.1988.

(3) Directive 1999/96/EC of the Parliament and of the Council of 13 December 1999 on the approximation of the
laws of the Member States relating to measures to be taken against the emission of gaseous and particulate
pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from
positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending
Council Directive 88/77/EEC (cid:1) OJ L 44, 16.2.2000.

(2003/C 222 E/002)

WRITTEN QUESTION E-1906/02

by Graham Watson (ELDR) to the Commission

Subject:

‘Settled status’ test for student loans in the UK

(2 July 2002)

Does the Commission consider the test of ‘settled status’ applied by the UK authorities in the determination
of eligibility for student loans to be in conformity with the Treaties?

Answer given by Mrs Reding on behalf of the Commission

(3 September 2002)

On the basis of information available on the Internet (1), in order to be eligible for a student loan in the
United Kingdom an applicant must comply, inter alia, with the condition of having ‘settled status’ in the
United Kingdom which means he should be settled in the United Kingdom within the meaning of the
Immigration Act of 1971 without being subject under immigration laws to any restriction on the period
for which he may stay.

The Commission will ask the United Kingdom for further information in order to assess the compatibility
of the ‘settled status’ condition and of the United Kingdom student support system in general with
Community law and more particularly with article 12 of the EC Treaty, Regulation (EEC) No 1612/68 of
the Council of 15 October 1968 on freedom of movement for workers within the Community (2) and
Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students (3) and shall
inform the Honourable Member accordingly.

(1)

For more information about Financial Support for Higher Education Students in the United Kingdom, see the
following websites: http://www.dfee.gov.uk/support/support2000/ch01.htm and http://www.dfee.gov.uk/loan2000/.

(2) OJ L 257, 19.10.1968.
(3) OJ L 317, 18.12.1993.