WRITTEN QUESTION E-2266/02 by Rainer Wieland (PPE-DE) to the Commission. Axle weight limits for cranes.
Date: 2002-07-24
Institutions: European Parliament, Provisional data
Subjects: EU law, competence of the Member States, excise duty, fuel oil, hoisting equipment, mineral oil, tax exemption, weight and size

C 28 E/212

Official Journal of the European Union

EN

6.2.2003

The situation is particularly serious if one considers the impact that the plant might have on the protected
area of La Albufera and its flora and fauna. The Fervasa plant is located on the terraces of the Poyo Ravine,
where a high proportion of the leachates collect. Since the ravine connects with La Albufera, these
leachates could be causing a slow but steady contamination of the subsoil there. After 30 years of activity
at the plant, the repercussions of this are impossible to assess.

In its answer to my original question, the Commission undertook to launch an investigation with the
Spanish authorities to ascertain whether,
in the case of the Fervasa plant, there had been a failure to
comply with Community law.

Since that answer dates from September 2001:

(cid:1) could the Commission describe the action it is now taking to remedy the serious deterioration of the

environment caused by the Fervasa plant?

(cid:1) have the Spanish authorities submitted any information on this matter to the Commission?

(1) OJ C 40 E, 14.2.2002, p. 182.

Answer given by Mrs Wallström on behalf of the Commission

(6 September 2002)

Following written question E-2084/01 by the Honourable Member (1), reporting the situation at a waste
treatment plant inside the ‘La Albufera’ special protection area (SPA) for birds in Valencia, the Commission
opened own-initiative case 2001/2166 and approached the Spanish authorities for their comments on the
reported situation and for the information it needed on the plant.

In their reply, the Spanish authorities described the plant as a waste recovery facility designed to handle
urban waste from the city of Valencia and authorised since 1970; it had no direct impact on the Albufera
nature park, was located in an industrial area near the trunk road to Madrid and Manises airport and was
much further away from the protected area of La Albufera than many other industries in the metropolitan
area.

The authorities also indicated that the plant had a system for collecting leachates, which were subsequently
treated at the waste water treatment plant at Pinedo, Valencia.

The Spanish authorities stated that
the Valencia metropolitan area local waste plan, awaiting final
authorisation, included the replacement of the facility by a new plant, which would be subjected to an
impact assessment study and would use the best available technology to deal with leachates and eliminate
smells.

On the basis of the information available, therefore, the Commission is unable to pursue its investigation
of this case as there is no evidence of an infringement.

However, the Commission does not rule out the possibility of examining the problem raised by the
Honourable Member should she be able to provide it with information proving that Community law has
been violated.

(1) OJ C 40 E, 14.2.2002.

(2003/C 28 E/242)

WRITTEN QUESTION E-2266/02

by Rainer Wieland (PPE-DE) to the Commission

(24 July 2002)

Subject: Axle weight limits for cranes

In France, engines powering crane jibs (i.e. engines which simply power the lifting gear on a building site)
may be run on fuel oil, which is significantly cheaper than normal diesel. This represents a not
insignificant competitive advantage for French crane operators.

6.2.2003

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Official Journal of the European Union

C 28 E/213

Is the Commission planning to submit a proposal for harmonisation in this area?

In France, the axle weight limit for cranes is 13 tonnes, as opposed to 12 tonnes in Germany. Accordingly,
a French crane may carry more ballast weight.

Is the Commission planning to submit a proposal for harmonisation in this area?

Answer given by Mrs de Palacio on behalf of the Commission

(16 September 2002)

Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties
on mineral oils (1) sets in Article 8(3)(b) that Member States may apply a reduced rate of taxation on gas oil
used under fiscal control in respect of plant and machinery used in construction, civil engineering and
public works. In such cases, the rate charged shall not be less than the minimum rate set in Council
Directive 92/82/EEC of 19 October 1992, on the approximation of the rates of excise duty on mineral
oils (1).

In 1997, the Commission proposed a Directive restructuring the Community framework for the taxation
of energy products (2). One of its aims is to enhance the approximation of excise duty rates applicable to
mineral oils. The European Council in Barcelone (15 and 16 March 2002) asked the Council to reach an
agreement on the adoption of the energy tax Directive by December 2002.

There is no European legislation on the maximum weights and axle weights for cranes. However, there
exists Council Directive 96/53/EC of 25 July 1996 (3), laying down for certain road vehicles (a.o. vehicles
for the carriage of goods above 3,5 tonnes) circulating within the Community the maximum authorized
weights and axle weights in international traffic. These axle weight limits are 11,5 tonnes for a driving axle
and 10 tonnes for a single non-driving axle. However, Member States may nonetheless allow circulation in
their territory of vehicles or vehicle combinations for the national transport of goods freight which are not
in conformity with these limits (e.g. 13 tonnes for driving and non-driving axles in France). The
Commission has no plans to submit a proposal for harmonisation in the area of axle weight limits for
cranes.

(1) OJ L 316, 31.10.1992, as last amended by Council Directive 94/74/EC of 22 December 1994,

(OJ L 365,

31.12.1994).

(2) OJ C 139, 6.5.1997.
(3) OJ L 235, 17.9.1996.

(2003/C 28 E/243)

WRITTEN QUESTION E-2270/02

by Caroline Lucas (Verts/ALE) to the Commission

Subject: FAO Paper on good agricultural practices

(24 July 2002)

The Food and Agriculture Organisation of the United Nations (FAO) has published a discussion paper
entitled ‘Good Agricultural Practices’ which contains a very helpful section on ‘Animal Welfare’. This states,
among other things, that: the isolation of animals (such as in veal crates or sow stalls) should be
prohibited; overcrowding should be avoided and maximum stocking densities should be conformed to;
non-therapeutic mutilations, such as tail-docking and de-beaking, should be avoided; and the transport of
live animals and the use of livestock markets should be minimised.

Has the Commission considered the FAO discussion paper and does it support the section on Animal
Welfare?