WRITTEN QUESTION E-1227/03 by Anne Jensen (ELDR) to the Commission. Periodic inspection of motor vehicles for the conveyance of passengers.
Date: 2003-04-02
Institutions: European Parliament, Provisional data
Subjects: EU law, European standard, carriage of passengers, competence of the Member States, environmental standard, motor vehicle, road safety, roadworthiness tests, safety device, transport regulations

C 280 E/118

Official Journal of the European Union

EN

21.11.2003

(2003/C 280 E/134)

WRITTEN QUESTION E-1144/03

by Christopher Huhne (ELDR) to the Commission

(1 April 2003)

Subject: Welfare of broiler chickens

1.
Given the EU’s commitment to the protection of animals kept for farming purposes (defined in
Council Directive 98/58/EC and the European Convention for the protection of animals kept for farming
purposes), does the Commission intend to bring forward any new measures to improve the health and
welfare of broiler chickens?

In particular, is the Commission aware of the problem of overcrowding of broiler chickens, which

2.
can lead to birds being unable to reach food or water and sometimes starvation or heart failure?

Answer given by Mr Byrne on behalf of the Commission

(15 May 2003)

(Scahaw) described
In an ‘…/sc/scah/out39_en.pdf’ adopted in March 2000, the ‘aw_scahaw_en.html’
the
welfare problems of broilers kept
Commission is in the process of elaborating a proposal for the protection of chickens kept for the
production of meat. In doing so the Commission will also take into account the Scahaw recommendations
addressing the questions related to the rapid growth rate of these animals.

in intensive conditions (1). Having regard to this opinion,

The Commission is examining the possibility of following an integrated approach in its proposal, by
promoting good management practices and monitoring the welfare status of the animals via integrated
veterinary controls carried out at slaughterhouses. Concerning the specific question referred to by the
Honourable Member, the Commission foresees to include in its proposal standards for the stocking density
in order to enable the animals to perform natural behaviour patterns and to avoid problems in relation to
the access to watering and feeding devices.

(1)

‘The Welfare of Chickens Kept for Meat Production (Broilers)’.

(2003/C 280 E/135)

WRITTEN QUESTION E-1227/03

by Anne Jensen (ELDR) to the Commission

(2 April 2003)

Subject: Periodic inspection of motor vehicles for the conveyance of passengers

It is surprising that it was deemed necessary for the EU to draw up rules governing the periodic inspection
of motor vehicles for the conveyance of passengers. Does the Commission consider that regulation in this
area, with all the bureaucracy and inconvenience that it has entailed (cid:1) not least in Denmark (cid:1) is in
proportion to the impact of the directive?

What results have been achieved by Directive 91/328/EEC (1) (subsequently amended by Directive 96/96/
EEC (2)), which requires Member States to carry out periodic inspections of motor vehicles used for the
conveyance of passengers? Could not such regulation have been carried out just as well at national level in
the light of Article 5 of the EC Treaty concerning the subsidiarity principle?

(1) OJ L 178, 6.7.1991, p. 29.
(2) OJ L 46, 17.2.1997, p. 1.

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Official Journal of the European Union

C 280 E/119

Answer given by Mrs de Palacio on behalf of the Commission

(12 May 2003)

legislation that stipulates the in-use standards that vehicles should
As the question correctly identifies,
attain before they can circulate within the Union is governed by Directive 96/96/EC of 20 December 1996
on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicle
and their trailers (1). The Community’s Roadworthiness policy was framed over twenty-five years ago
(framework Directive 77/143/EEC of 29 December 1976 (2)) and originally only included trucks, buses,
taxis and ambulances within its scope. The original directive has been modified nine times and now
includes the inspection of passenger cars and light vans within its scope and also gives detailed
requirements for the testing of vehicle brakes and exhaust emissions.

The Commission decided to include passenger cars within the scope of the roadworthiness Directive
following a study made by the German vehicle inspection institute (TUV Rhineland) that estimated that
around 5 % of car crashes in the Community were the direct result of poor maintenance, mostly due to
poor brakes, tyres and lights. This study complemented other studies make by the Netherlands, Finland,
Sweden and the United Kingdom.

When the original roadworthiness Directive was expanded to include passenger car testing (Directive 91/
328/EEC of 21 June 1991 (3)) there was considerable discussion with Member States’ representatives within
the Council and within the Parliament on the scope and detail of that Directive. The final Directive that
requires cars to be inspected for their roadworthiness when they are four years old and then every two
years thereafter as a minimum, was a reduction in severity from the Commission’s original proposal which
was for testing once the car was three years old and then every subsequent year. In fact, the periodicity for
passenger car testing was made the same as for light commercial vehicles.

Over the past decade there has been significant advances in vehicle construction standards. Also, vehicles
are becoming more reliable and there may be potential for ‘the law of diminishing returns’ on what
traditional vehicle inspection can deliver. On the other hand, the reliability of these electronically based
systems once the vehicle has been in service for some time could compromise road safety and
environmental benefits.

The Commission is considering how roadworthiness testing requirements can evolve for the future.
To assist in its analysis, the Commission is to launch later in 2003 an ‘open tender’ study contract with the
title: ‘Assessment of future roadworthiness enforcement options for road vehicles taking full account of the
complexity of current vehicle safety and environmental control systems and their expected developments
for the future and other developments such as “mutual recognition” and the possibility of self certification
in some circumstances.’

(1) OJ L 46, 17.2.1997.
(2) OJ L 47, 18.2.1977.
(3) OJ L 178, 6.7.1991.

(2003/C 280 E/136)

WRITTEN QUESTION E-1229/03

by Freddy Blak (GUE/NGL) to the Council

(2 April 2003)

Subject: Enhanced legal cooperation

Following a visit to a Danish national who is imprisoned in Spain, I now realise that European legal
cooperation leaves much to be desired. The person concerned has been in prison since 28 November
2001 accused of murder. On 14 January 2002, the accused’s lawyer sent an international court order to
the Spanish Ministry of Justice, to be forwarded in turn to the Danish Ministry of Justice, with a view to
summoning a witness for questioning. More than a year later, this international court order has still not
left the Spanish Ministry of Justice.