WRITTEN QUESTION E-3744/02 by Proinsias De Rossa (PSE) to the Commission. Seat belts on school buses.
Date: 2002-12-20
Institutions: European Parliament, Provisional data
Subjects: bus, child, safety device, technical regulations, transport policy, transport safety

C 268 E/44

Official Journal of the European Union

EN

7.11.2003

(2003/C 268 E/048)

WRITTEN QUESTION E-3728/02

by Giacomo Santini (PPE-DE) to the Commission

(19 December 2002)

Subject: Withdrawal of train 299

The Belgian rail company SNCB has announced that as from 15 December 2002 the night train No 299
(which also carries vehicles) will no longer run. This decision appears to have been made following the
failure of the rail companies of the countries concerned (Belgium, Luxembourg, France, Switzerland and
Italy) to agree on how to divide the operating costs. This route is of considerable importance for those EU
citizens who are unable to travel by air for geographical, financial or health reasons. The decision runs
contrary to the EU’s overall transport policy, with its objective of developing rail travel, and is also
immediately harmful to the EU institutions, which have a direct interest in a service used by Members,
officials and members of the public.

Can the Commission state what measures it will take to obtain an explanation of this decision, and what
action it will take to secure an agreement between the countries concerned? Can the Commission also take
immediate steps to ensure that this service is in fact not withdrawn, even for a single day?

Answer given by Mrs de Palacio on behalf of the Commission

(31 January 2003)

The Commission is aware that this service was discontinued on 15 December 2002. It regrets that the rail
companies concerned have decided to reduce international services, but recognises that they are entitled to
seek to optimise their organisation, including by not losing money on this type of service, as required by
Article 5 of Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s
railways (1).

The Commission has no other information on the specific reasons which prompted this decision. It would
point out, nonetheless, that if the main reason is financial, Regulation (EEC) No 1191/69 (2) allows the
competent national authorities of the Member States to conclude public service contracts with rail
companies to operate train services on routes which would not be profitable without financial support
from the public authorities.

The Commission intends, before the end of 2003, to present a proposal for a regulation on the rights and
obligations of passengers in international rail traffic and a proposal for a directive to enable rail companies
to become more competitive by facilitating access to the market in international passenger services.

(1) OJ L 237, 24.8.1991.
(2) Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations
inherent in the concept of a public service in transport by rail, road and inland waterway, OJ L 156, 28.6.1969.

(2003/C 268 E/049)

WRITTEN QUESTION E-3744/02

by Proinsias De Rossa (PSE) to the Commission

(20 December 2002)

Subject: Seat belts on school buses

In a reply to Written Question E-2901/94 (1) concerning seat belts in school buses, the Commission said
that it had no plans at that point to propose legislation making the wearing of seat-belts mandatory on
school buses on the grounds that such a law would be ‘premature until a significant number of school
buses are actually fitted with seat belts’.

7.11.2003

EN

Official Journal of the European Union

C 268 E/45

In view of the adoption and entry into force since then of Directives 96/36/EC (2), 96/37/EC (3) and 96/38/
EC (4) which lay down a European standard for the fitting of safety belts to all seats of new coaches and
minibuses built after October 1999, could the Commission indicate if it has now altered its position as set
out in the reply to E-2901/94 and if so, when will it be coming forward with such a proposal and what
elements will it contain and, if it has not altered its stance, could it indicate why?

(1) OJ C 139, 5.6.1995, p. 46.
(2) OJ L 178, 17.7.1996, p. 15.
(3) OJ L 186, 25.7.1996, p. 28.
(4) OJ L 187, 26.7.1996, p. 95.

Answer given by Mrs de Palacio on behalf of the Commission

(14 February 2003)

Commission Directives 96/36/EC of 17 June 1996 adapting to technical progress Council Directive 77/
541/EEC relating to safety belts and restraint systems of motor vehicles, 96/37/EC of 17 June 1996
adapting to technical progress Council Directive 74/408/EEC relating to the interior fittings of motor
vehicles (strength of seats and of their anchorages), and 96/38/EC of 17 June 1996 adapting to technical
progress Council Directive 76/115/EEC relating to anchorages for motor vehicle safety belts lay down
European standards for installation of safety belts, their anchorages and compatible seats on all motor
vehicles. The Directives came into force on 1 October 1999 for all new coaches over 3,5 tonnes and for
minibuses on 1 October 2001.

It should however be noted that, at present, Directives 96/36/EC to 38 are optional for vehicles other than
passenger cars i.e. Member States may choose to oblige new coaches and minibuses registered on their
territory to meet the standards laid down in the Directives or to maintain their national legislations. The
Commission will propose early in 2003 to make the installation of safety belts in buses and coaches
mandatory from 2004. Nonetheless, many reputable coach and minibus operators are already opting to fit
safety belts on new coaches.

However the effectiveness of safety belts is entirely conditional on their being used.
It is therefore
reasonable that passengers on coaches and minibuses that are fitted with safety belts should be required to
wear them when they are seated. This is the reason why the Commission made a proposal requiring that
(Proposal for a Directive of the
all motor vehicle users shall wear safety belts if they are provided.
Parliament and of the Council amending Council Directive 91/671/EEC on the approximation of the laws
of the Member States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes (1)). The
Council has reached a common position on this proposal and a second reading in the Parliament is
foreseen for March 2003.

The Commission will
investigate in 2003 any necessary supplementary actions to securing school
transport such as the mandatory use of vehicles equipped with seat belts, the signing of the vehicles as well
as specific requirements for the drivers.

(1) OJ C 96 E, 27.3.2001.

(2003/C 268 E/050)

WRITTEN QUESTION E-3758/02

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

Subject: Planned diversion of water from the Rhone

(23 December 2002)

After realising late in the day that the Spanish government’s ‘National Hydrological Plan’ would have
catastrophic effects on the Ebro basin and particularly on the Ebro delta, the Catalan Regional Government
has approved a plan to extend the canal
that channels water from the Rhone to Montpellier by
constructing a 516-kilometre-long conduit from Montpellier to Camprodon.