WRITTEN QUESTION P-3827/02 by Theodorus Bouwman (Verts/ALE) to the Commission. Road transport fraud, involving fake letters giving time off, in the Netherlands and other EU Member States.
Date: 2002-12-20
Institutions: European Parliament, Provisional data
Subjects: cooperation policy, driving period, fraud, infringement of EU law, police checks, rest period, road transport, transport company, transport document, working conditions

C 161 E/150

Official Journal of the European Union

EN

10.7.2003

(2003/C 161 E/154)

WRITTEN QUESTION P-3827/02

by Theodorus Bouwman (Verts/ALE) to the Commission

(20 December 2002)

Subject: Road transport fraud,
Member States

involving fake letters giving time off,

in the Netherlands and other EU

On 12 and 13 December 2002, the Dutch newspaper ‘De Volkskrant’ reported on repeated instances of
fraud and breaches of the law on driving hours, involving fake letters giving time off which goods vehicle
it is no longer
drivers receive from their bosses. Since, upon submission of a letter giving time off,
compulsory to have tachograph discs for previous driving days checked, a fake letter makes it possible to
put in additional driving time.

Would the Commission investigate whether such practices also take place in Member States other than the
Netherlands and report in the near future?

Is the Commission prepared to take action in the short term in order to put an end to these fraudulent
practices in the Netherlands and, possibly, other Member States, and, if so, would it say how it will do so?

Does the Commission agree that goods vehicle drivers, as the final link in the transport chain, are the
victim of the excessive market power wielded by shippers’ organisations, which can exert such pressure on
prices that drivers are forced to work irresponsibly long days and weeks?

Answer given by Mrs de Palacio on behalf of the Commission

(24 January 2003)

The Commission is aware of that employers may provide letters certifying that their drivers were on leave
during part of the period checked at the roadside by enforcement staff. Council Directive 88/599/EEC of
23 November 1998 on standard checking procedures for the implementation of Regulation (EEC)
No 3820/85 on the harmonisation of certain social legislation relating to road transport and Regulation
(EEC) No 3821/85 on recording equipment in road transport (1) sets out the standard checking procedures
and the driving times which may be checked at the roadside and on the premises of undertakings.
Currently under Article 3, enforcement officers at a roadside inspection may check daily driving periods,
breaks and daily rest periods as well as the last weekly rest period. It is only in the case of clear indications
of irregularities that the record sheets for the current week and, in any event, the sheet for the last day on
which a driver drove during the previous week may be checked. It is at this stage that a certifying letter
may be used to justify a lack of sheets.
It is currently up to enforcement officers whether in the
circumstances they accept this as valid proof, or whether further investigation at the company premises is
advisable. There is no Community rule requiring acceptance of such company letters as proof.

The primary check on fortnightly driving limits is carried out on the premises of the undertaking and it is
here that annual leave or sick absence records can be verified.

The Commission intends to submit a proposal in 2003 which will seek to improve enforcement practice
in this area. One of
the measures envisaged will encourage improved co-operation both between
enforcement agencies within Member States as well as between Member States so that such issues can
more easily be addressed in practice.

10.7.2003

EN

Official Journal of the European Union

C 161 E/151

The Commission acknowledges that there is a keen competitive environment within the road transport
sector. It also notes that Article 14(3) of the current sectoral working time Directive 2002/15/EC of the
Parliament and of the Council of 11 March 2002 on the organisation of the working time persons
performing mobile road transport activities (2) makes provision for co-liability in the entire transport chain,
should a driver breach working time rules.

(1) OJ L 325, 29.11.1988.
(2) OJ L 80, 23.3.2002.

(2003/C 161 E/155)

WRITTEN QUESTION E-3832/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

Subject: Controls on the central meat market of Rendi in Athens

(9 January 2003)

On Friday, 6 December, inspectors of the Veterinary Office completed their inspection of the central meat
market of Rendi in Greece. A similar inspection had taken place from 14 to 17 January 2002. Will the
Commission state the conclusions reached by the inspectors as regards the sanitary regulations in force in
the meat market in question and say whether they are satisfied with the progress made in the construction
of the new meat market which the Government had promised to build following the announcement of the
results of the previous inspection?

Answer given by Mr Byrne on behalf of the Commission

(21 March 2003)

The Food and Veterinary Office inspection mentioned was the FVO’s third visit in 2002 to the Rendi
central market.

Despite some improvements, many problems were found to persist. Work has not yet started on building a
new market.

The FVO has sent the draft report to the Greek authorities, asking them to reply and indicate what
corrective action is proposed. Once these comments have been received, the report will be finalised and, as
usual, sent
the Health and Consumer Protection
Directorate-General (SANCO).

to the Parliament and posted on the website of

In view of the findings of the mission carried out in December 2002, the Commission staff and the Greek
authorities held a meeting on 21 February 2003 to consider the situation at the Rendi central market. The
Commission representatives stressed how important it was that the shortcomings found at the market be
remedied as quickly as possible. The Greek authorities acknowledged the need to act and stated their
intention that the situation should improve before the end of June 2003. A formal reply from the Greek
authorities is expected before the end of April 2003, with a detailed timetable for corrective action taking
account of the FVO recommendations. The Commission will decide on follow-up measures in the light of
this reply.

(2003/C 161 E/156)

WRITTEN QUESTION E-3833/02

by Avril Doyle (PPE-DE) to the Commission

(9 January 2003)

Subject: Farm Retirement Scheme

1. Why was the principle of indexation not incorporated in either the old or the current Early Farm
Retirement Scheme?