WRITTEN QUESTION E-1281/03 by María Sornosa Martínez (PSE) to the Commission. Legislation on the habitability of dwellings in the EU.
Date: 2003-04-04
Institutions: European Parliament, Provisional data
Subjects: EU law, approximation of laws, asbestos, building, building insulation, building safety, competence of the Member States, defective product, improvement of housing, noise protection, sale

9.10.2003

EN

Official Journal of the European Union

C 242 E/225

Answer given by Mr Solbes Mira on behalf of the Commission

(7 May 2003)

to access the three Commission documents will be handled in
The Honourable Member’s request
accordance with Regulation (EC) No 1049/2001 of the Parliament and of the Council of 20 May 2001,
concerning access to documents of the European Parliament, the Council and the Commission (1).

The Commission approved the continued participation of Eurostat in the CESD-COM and decided that it
would be phased out. This was followed and since 1997, no Eurostat official has had any participation in
the CESD-COM.

The entities CESD Madrid, Lisbon and Rome were created at the request of the Statistical Institutes of the
corresponding Member States on the basis of the experience of CESD Paris, created by INSEE and the
Commission (Directorate General (DG) Eurostat and DG Development) in the early 60s (cid:1) an experience
which proved positive in promoting the training of statisticians and the statistical cooperation with
developing countries. The Director Generals of the National Statistical Institutes of Member States (cid:1) which
are parts of the public administration (cid:1) were members of these entities as was also the Director General of
Eurostat, in recognition of the central role that Eurostat is ensuring in the development of the European
Statistical System and statistical cooperation in general. CESD-Lisbon was created in 1990, CESD-Madrid in
1991 and CESD-Rome in 1996. No specific authorisation for the participation in these entities was
requested as it was considered that the activities were ancillary and complementary to those of the CESD-
COM. Following the Commission’s policy of phasing-out the participation, all Eurostat staff progressively
resigned and this process was completed in 2000. The resignations were rather later than for CESD-COM
(completed in 1997) but this was because the entities concerned had to be restructured whilst continuing
to ensure an acceptable level of participation in statistical cooperation with developing countries.

CESD-COM received subsidies from Eurostat from the time it was set up until 1999, when the last subsidy
was granted. The Director-General of Eurostat, Mr Yves Franchet, was its President until 1995.

Tables giving the lists of data required by the Honourable Member and mentioned in the two final
paragraphs of the written question are in the process of being established and will be transmitted as soon
as available.

(1) OJ L 145, 31.5.2001.

(2003/C 242 E/264)

WRITTEN QUESTION E-1281/03

by María Sornosa Martínez (PSE) to the Commission

Subject: Legislation on the habitability of dwellings in the EU

(4 April 2003)

The acquis communautaire relating to the environment contains a number of legislative texts on the
habitability of buildings intended as dwellings. The EU has legislated in areas such as the use of asbestos in
the construction of buildings, the measurement and management of ambient noise and the energy
efficiency of buildings. However, there is no directive or recommendation which, in the interests of public
well-being and safety, regulates other isues affecting the habitability of buildings intended as dwellings,
such as minimum size of living area, insulation, conditions of access, surroundings, and so on.

In the case of Spain a major debate is under way concerning the lack of habitability criteria, with particular
reference to thermal and acoustic standards. Hence the existence of Community reference legislation on
the habitability of dwellings could be useful as a means of harmonising the individual Member States’
existing laws and of laying down certain minimum criteria relating to welfare, protection against pollution
and the safety of people living in the EU.

C 242 E/226

Official Journal of the European Union

EN

9.10.2003

Is the Commission planning to put forward any proposal with a view to establishing future legislation on
the habitability of buildings intended as dwellings? If so, would the Commission be willing to consider the
possibility of including in such a proposal the issue of vendor liability in the event of hidden defects in
property which is put up for sale?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2003)

Unlike construction products, which are the subject of a specific Community directive (1), legislation on
buildings remains the responsibility of the Member States. As the Treaty does not make provision for
Community legislation on the habitability of buildings intended as dwellings (minimum living area,
insulation, conditions of access, surroundings etc.), the Commission cannot contemplate putting forward
any proposals in this direction. Furthermore, it is not clear whether any such initiative would have an
added value.

Community legislation does not cover vendor liability in the event of hidden defects in property that is
sold. Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (2),
although it covers hidden defects, does not apply to immovable property. Directive 85/374/EEC
concerning liability for defective products (3), which relates to non-contractual
liability only, does not
cover immovable property, which means that it too is not applicable in the case in point. The Commission
does not feel it would be appropriate to table a specific proposal on this subject. However, it intends to
propose in the near future a framework directive on unfair commercial practices. Such a directive would
certainly help to protect the interests of building purchasers.

(1) Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative

provisions of the Member States relating to construction products (cid:1) OJ L 40, 11.2.1989.

(2) OJ L 171, 7.7.1999.
(3) OJ L 210, 7.8.1985.

(2003/C 242 E/265)

WRITTEN QUESTION P-1286/03

by Michl Ebner (PPE-DE) to the Commission

(31 March 2003)

Subject: Smallpox danger

How does the Commission view the danger of a possible smallpox attack?

What countermeasures has the Commission taken, or will it take?

Do preventive measures exist at European level?

Can a Member State be required to take preventive measures?

Would the Commission state its position on these questions?

Answer given by Mr Byrne on behalf of the Commission

(29 April 2003)

The risk of a smallpox outbreak, through a deliberate introduction of the variola major virus, responsible
for smallpox, cannot be excluded.

Counter-measures to prevent and mitigate the consequences of such outbreaks are the responsibility of
Member States. Since the bioterrorist attacks in the United States in September 2001 and October 2001,
the Member States have taken measures to strengthen their preparedness and response capability with
regard to smallpox.