WRITTEN QUESTION E-2605/02 by Michl Ebner (PPE-DE) to the Commission. Working time provisions for heavy goods vehicle drivers.
Date: 2002-09-18
Institutions: European Parliament, Provisional data
Subjects: arrangement of working time, equal treatment, restriction on competition, road safety, road transport, self-employed person, wage earner, working time

6.3.2003

EN

Official Journal of the European Union

C 52 E/189

Moreover, a couple of single studies have been launched dealing with family issues and the situation of
families in Europe. Finally, since 1989, the Commission is funding the European Observatory on the Social
Situation, Demography and Family. This is a multi-disciplinary network of independent experts established
upon the request of the Commission. The Observatory deals with family issues in a broader sense:
it monitors developments in Europe which have an impact on the social situation particularly of families
(demographic, socio-economic and political changes). This includes the analysis of political activities
related to family issues.

Council Directive 94/33/EC on protection of young people at work was adopted on 22 June 1994. It has
been transposed in all Member States. The Commission has issued a report on the transposition of the
Directive in the fifteen Member States. The Commission is sending a copy of this report direct to the
Honourable Member and to Parliament’s Secretariat.

The Commission has also requested reports from the Member States regarding the practical transposition
of the Directive. Most of these reports have arrived in the Commission already. As soon as all of these
reports have been received, they will be sent to the Parliament, the Council and the Economic and Social
Committee together with a report from the Commission as required by article 17 of the Directive.

The Commission is fully committed to stamping out the abuse and exploitation of children in developing
countries as well as in the developed world. It is also strongly in favour of measures qualified to give
integrative support
in any form.
The Commission, therefore, tackles the child labour problem through its wider employment and training
policies and its poverty and social inclusion programmes.

to children who are or have been concerned by child labour

Regarding Parliament’s proposal contained in resolution B4-0692/1998 that programmes be set up as a
matter of urgency to support the integration of children who have already been working, the Commission
considers that this issue is better tackled at national level and that the social inclusion process can provide
an appropriate European reference in this context.

(2003/C 52 E/209)

WRITTEN QUESTION E-2605/02

by Michl Ebner (PPE-DE) to the Commission

(18 September 2002)

Subject: Working time provisions for heavy goods vehicle drivers

This question refers to European Parliament and Council Directive 2002/15/EC (1) on the organisation of
the working time of persons performing mobile road transport activities, which was adopted on 11 March
2002.

The issue of including self-employed HGV drivers in the scope of the directive gave rise to intense
discussion within the Council and disagreement between the Council and Parliament. The Conciliation
Committee resolved the problem by temporarily exempting self-employed drivers from the directive until
2009. However,
just a few months after the entry into force of the directive, carriers and haulage
contractors in Europe are already calling for all HGV drivers (cid:1) whether self-employed or not (cid:1) to be
treated in the same way in relation to working time arrangements. From the point of view of traffic safety,
provisions that may lead self-employed drivers to drive for even longer periods are very questionable, and
applying rules on the reduction of working time in a one-sided way would result in distortion of
competition in favour of very small companies.

The Commission:

(cid:1) Would it note this state of affairs, particularly in the light of the report which it is required to present

at the latest two years prior to 23 March 2009?

(cid:1) Could it set out its present views on this matter, above all with regard to the road traffic situation and

conditions of competition?

(1) OJ L 80, 23.3.2002, p. 35.

C 52 E/190

Official Journal of the European Union

EN

6.3.2003

Answer given by Mrs de Palacio on behalf of the Commission

(15 October 2002)

The Commission is aware of the potential for distortion of competition between salaried drivers and self-
employed drivers introduced by the application of the provisions of the sectoral Directive 2002/15/EC of
the Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons
performing mobile road transport activities, to the former group in 2005 and to the latter group in 2009.
However, this was the result of a difficult conciliation process between Council and Parliament that the
Commission accepts and respects.

Both categories of drivers are already subject to Community rules on driving time and rest periods
(Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social
legislation relating to road transport (1) and fatigue caused by excessive working time does not distinguish
between employed and self-employed drivers.

At this stage, the Commission recognises the strongly diverging views amongst both Member States and
the industry on this Directive and the difficulty in achieving a compromise. Furthermore, it wishes to
remind the honourable Member that its original proposal (2) aimed at applying common working time
rules for all drivers. The Commission will examine the impact of implementation on the sector prior to
drawing up the report on the inclusion or otherwise of self-employed drivers within working time, but will
not prejudge the outcome, at this stage

(1) OJ L 370, 31.12.1985.
(2) OJ C 43, 17.2.1999.

(2003/C 52 E/210)

WRITTEN QUESTION E-2615/02

by Michl Ebner (PPE-DE) to the Commission

(18 September 2002)

Subject: EU-wide rules to restrict alcohol consumption on the basis of age, time and location

Every year, alcohol-related problems cost the State enormous sums of money which are spent on
prevention campaigns or on drying-out facilities for alcoholics.

Every year, excessive consumption of alcohol results in people from every age group and every country
suffering problems ranging from inattention and migraines to involvement in fatal road accidents. Apart
from people who must, unfortunately, be classified as ‘addicts’, it is, above all, young people who suffer
most from the consequences of excessive alcohol consumption. The reasons for this phenomenon are
surely psychological. Nevertheless, easy access to alcohol at an early age and on virtually every street
corner at any time of day prompts, if not actually encourages, alcohol consumption.

By means of draft legislation which has been forwarded to the Slovak Parliament for adoption, the
Government of Slovakia, an applicant country, is now currently trying to use the law to cut down the high
per capita consumption of alcohol among its citizens. The bill now sets the minimum age for the legal
acquisition of alcohol at 18. Furthermore, the sale of alcoholic products will be totally prohibited after a
specific time as well as in venues devoted to educational, health and sporting activities.

Given the problems outlined above, would it not be desirable to introduce Europe-wide rules which restrict
the sale of alcoholic products on the basis of time, place and age?

Answer given by Mr Byrne on behalf of the Commission

(16 October 2002)

The Commission agrees with the Honourable Member that alcohol-related harm is a serious public health
problem causing very high social costs. The protection of young people is to be considered as a priority in
this context.