WRITTEN QUESTION E-0459/03 by Bernd Lange (PSE) to the Commission. Safety of domestic stoves and fireplaces.
Date: 2003-02-19
Institutions: European Parliament, Provisional data
Subjects: accident in the home, heating, product safety, statistics

C 161 E/220

Official Journal of the European Union

EN

10.7.2003

Answer given by Mrs Diamantopoulou on behalf of the Commission

(11 March 2003)

Under Article 8 of Directive 96/71/EC of the Parliament and of the Council of 16 December 1996
concerning the posting of workers in the framework of the provision of services, the Commission shall
review the operation of the Directive with a view to proposing the necessary amendments to the Council
where appropriate.

In preparation for this review, the Commission launched a study concerning the implementation of the
Directive in the Member States. The Commission’s report on the implementation of the Directive, issued in
January 2003, is based on the synthesis report covering all the country studies and will soon be available
to the public in English, French and German.

The report summarises the main content of the legislation implementing the Directive in the Member
States. Its objective is to provide an overview of the legal situation in the Member States without assessing
the compatibility of the national transposing measures with the Directive and the EC Treaty. The review of
the operation of the Directive will be finalised by a Commission Communication on the implementation of
the Directive to be launched in 2003.

The Commission would like to point out that a group of experts from the Member States convenes on a
regular basis to discuss issues and possible or practical problems related to the Directive concerning
posting of workers. Furthermore, a questionnaire was prepared by the Commission concerning problems
related to the implementation of the Directive. The discussions within the group of experts and the replies
by the Member States to the questionnaire confirm to a great extent the results of the study.

In conclusion, it seems that Member States have not faced any specific legal problems in the transposition
of the Directive.

(2003/C 161 E/231)

WRITTEN QUESTION E-0459/03

by Bernd Lange (PSE) to the Commission

(19 February 2003)

Subject: Safety of domestic stoves and fireplaces

I am currently receiving an increasing number of questions from concerned citizens, relating to the safety
of domestic stoves and fireplaces. In order to provide a sound assessment, some clarification is needed.

How many fires occurring in the Member States are caused by heating systems, connecting pieces

1.
(e.g. stovepipes) or chimneys (exhausts):

(a)

in total?

(b) by those burning solid fuels (wood and coal),

(c) by those burning oil,

(d) by those burning gas?

How many people suffer from carbon monoxide poisoning from stoves and fireplaces (exhaust

2.
emissions):

(a) with fatal consequences?

(b) with damage to their health?

3. What measures (e.g.
fireplaces after installation?

inspections) are being taken to prevent the dangers posed by stoves and

10.7.2003

EN

Official Journal of the European Union

C 161 E/221

Answer given by Mr Byrne on behalf of the Commission

(25 March 2003)

The Commission does not have the statistics requested concerning how many fires in the Member States
are caused by heating systems, connecting pieces or chimneys. Neither does the Commission hold statistics
concerning how many people suffer from carbon monoxide poisoning from stoves and fireplaces (exhaust
emissions).

The Commission does not have information regarding inspections of heating appliances by the Member
States after their installation.

(2003/C 161 E/232)

WRITTEN QUESTION P-0488/03

by Freddy Blak (GUE/NGL) to the Commission

(17 February 2003)

Subject: Circumvention of rules on invitation to tender by Dansk Tipstjeneste

Dansk Tipstjeneste A/S has a monopoly on the football pools and lotteries in Denmark. Since 1 July 2000,
Dansk Tipstjeneste has also had a monopoly on betting on horse and dog racing via its subsidiary
DanToto A/S.

In January 2002, DanToto A/S transferred newly acquired TV production equipment to an external TV
production company following the DanToto Board’s decision that TV production was not within the
company’s sphere of competence.

The production equipment was sold to the production company for DKK 9 million. At the same time, the
parties concluded an agreement on broadcasts from horse and dog races. Under the agreement, DanToto
has undertaken to pay an eight-figure sum per year for the broadcasts. The agreement may be terminated
by giving 12 months’ notice, though not until the end of 2004 at the earliest.

Despite the value of the contract, no tenders were invited. In a new report, the National Audit Office of
Denmark criticises DanToto for not having invited tenders from other TV producers and for not having
consulted the market. At the same time, the National Audit Office writes that, in its opinion, DanToto is
not a public body and that therefore DanToto A/S is not required to invite tenders throughout the EU even
though the company is making purchases, including services, above the thresholds.

Does the Commission take the view that the Danish Government can circumvent EU rules on the award of
public contracts by conferring a state monopoly on a limited company? If the Commission considers that
the Danish Government has circumvented EU rules on invitations to tender, will it say what options it has
available to intercede?

Answer given by Mr Bolkestein on behalf of the Commission

(12 March 2003)

Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of
public service contracts (1) (hereafter the Directive) applies to public service contracts for pecuniary interest
concluded in writing between a service provider and a contracting authority.

An obligation for DanToto to put the broadcasting contract referred to in the question to tender in
accordance with the Directive only exists if DanToto is to be considered a contracting authority. Because
DanToto is not a State, regional or local authority, it must be examined whether DanToto is indeed a body
governed by public law, in order for it to be categorised as a contracting authority in accordance with the
Directive.

While it is clear from the national law regulating DanToto (Lov om væddeløb i forbindelse med heste- og
hundevæddeløb) that it has legal personality and has a board appointed by the Minister of Taxation who
also has to approve the company’s statutes, it is less obvious whether DanToto is established for the