WRITTEN QUESTION P-1519/02 by Anne Ferreira (PSE) to the Commission. Defining the status of the European estate agent.
Date: 2002-05-22
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, property development, provision of services, single market

14.11.2002

EN

Official Journal of the European Communities

C 277 E/223

A surveillance system establishing measures to monitor certain substances and residues thereof in live
animals and animal products in accordance with Council Directive 96/23/EC (7) also ensures the safety of
products originating from small ruminants (sheep, goats) and horses.

(1) Parliament and Council Directive 2001/82/EC of 6 November 2001 on the Community code relating to veterinary

medicinal products, OJ L 311, 28.11.2001.

(2) Council Regulation (EEC) No 2309/93 of 22 July 1993 laying down Community procedures for the authorisation
and supervision of medicinal products for human and veterinary use and establishing a European Agency for the
Evaluation of Medicinal Products, OJ L 214, 24.8.1993.

(3) Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment
of maximum residue limits (MRLs) of veterinary medicinal products in foodstuffs of animal origin, OJ L 224,
18.8.1990.

(4) Directive 2001/82/EC of the Parliament and of the Council of 6 November 2001 on the Community code relating

to veterinary medicinal products, OJ L 311, 28.11.2001.

(5) COM(2000) 806 final.
(6) OJ C 75 E, 26.3.2002.
(7) Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in
live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC
and 91/664/EEC, OJ L 125, 23.5.1996.

(2002/C 277 E/244)

WRITTEN QUESTION P-1519/02

by Anne Ferreira (PSE) to the Commission

(22 May 2002)

Subject: Defining the status of the European estate agent

Estate agents in the EU countries are increasingly involved in cross-border transactions. However, the rules
governing the profession vary from country to country, resulting in differing charges and varying levels of
consumer protection.

In order to protect consumers, to harmonise the European Union internal market and to improve the
profession’s image, harmonisation is needed at European level of the requirements to which estate agents
are subject.

In order to do this, it would be necessary to make compulsory and to harmonise:

: a professional third-party insurance,

: a financial guarantee.

What is the Commission’s position on this question?

Answer given by Mr Bolkestein on behalf of the Commission

(19 June 2002)

Although Real Estate Agents can in principle benefit from the right to establishment and the freedom to
provide services, as foreseen in Articles 43 and 49 of the EC Treaty,
legal and administrative barriers
remain for cross-border activities, including different requirements relating to professional insurance and
guarantees. This reflects a more general problem of the Internal Market for services characterised by a
variety of remaining barriers which effect both providers and receivers of services.

Against this background the Lisbon European Council (19 and 20 June 2000) invited the Commission to
propose a comprehensive Internal Market strategy to remove barriers to services.

C 277 E/224

Official Journal of the European Communities

EN

14.11.2002

As repeated very often : the same European Council set the target for Europe: To become the most
competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth
with more and better jobs and greater social cohesion. To achieve this, the Union must enhance the quality
and competitiveness of
its service industries, as these will determine the continuing success of the
European economy.

The Commission is in the process of identifying all identifiable barriers to services as well as preparing
proposals to remove those barriers. It is expected that the Commission will shortly publish a report.

On the basis of this report the Commission will decide in which areas to propose harmonisation at
Community level.

(2002/C 277 E/245)

WRITTEN QUESTION E-1522/02

by Ioannis Marínos (PPE-DE) to the Commission

(3 June 2002)

Subject: Road accidents in Greece

It is well-known that Greece is the EU country with the highest number of fatal road accidents. Every year,
approximately 3 000 Greeks lose their lives and several thousands are severely injured on the Greek roads.
It is worth noting that over the period of Orthodox Easter alone (beginning of May 2002) 63 Greeks were
killed and over 600 were injured in road accidents. The majority of these were due to excessive speed, the
terrible condition of the road surface, extremely deficient signposting and the fact that many drivers drive
under the influence of alcohol.

Could the Commission say in which countries of the Union driving licences are confiscated, and for what
reasons, and in which EU states there is provision for the immediate seizure of the vehicle of a driver who
is arrested for drunk driving?

Has the Commission requested any information or explanation from the Greek authorities for the huge
number of deaths and injuries in road accidents in Greece?

Is there any existing Community legislation, or plans to adopt any, making provision for specific,
harmonised and severe penalties, to be implemented in all the Member States of the Union, to be applied
to drunk drivers or those driving under the influence of drugs, who put their fellow citizens’ lives at risk?

Answer given by Mrs de Palacio on behalf of the Commission

(23 July 2002)

With 1 895 fatalities in 2001, Greece has one of the highest death rates per inhabitant in the Union from
road accidents. The gap between the Greek and the European average is, however; beginning to close, as
the numbers killed in 2001 were 9 % lower than those in 2000. The main causes of accidents are excessive
or inappropriate speed, drink driving and failure to wear seatbelts.

On 17 January 2001, the Commission adopted a recommendation (1) on the maximum permitted blood
alcohol content for drivers, inviting the Member States to apply a general limit for blood alcohol level
lower than or equal to 0,5 milligrammes per millilitre (mg/ml) and to step up the checks made by the
police forces.

This recommendation does not deal with penalties in the case of infringements. Measures to withdraw
driving licences remain the competence of the countries concerned pursuant to Article 8(2) of Council
Directive 91/439/EEC of 29 July 1991 on driving licences (2). This is also true in the case of other
penalties, fines, warnings and prison sentences.

There is no legislation providing for the confiscation of a vehicle in cases where the driver’s blood alcohol
level is excessive. During their checks, however, police forces may retain the licence of a driver under the
influence of alcohol or presumed to be under such influence as a precautionary measure.