WRITTEN QUESTION E-1407/03 by Kathleen Van Brempt (PSE) to the Commission. Protective clothing for motorcyclists.
Date: 2003-04-23
Institutions: European Parliament, Provisional data
Subjects: Community certification, VAT rate, road safety, safety device, tax harmonisation, tax relief, two-wheeled vehicle

6.2.2004

EN

Official Journal of the European Union

C 33 E/115

Answer given by Mrs Wallström on behalf of the Commission

(21 May 2003)

The Commission has received a complaint on the issues raised by the Honourable Member for bad
application of Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment (1), after amendments by Council Directive 97/11/EC of
3 March 1997 (2), 79/409/EEC of 2 April 1979 on the conservation of wild birds (3) and 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora (4). This complaint is
under assessment.

The information given by the Honourable Member has been added to the above- mentioned complaint file.

it would not hesitate, as the Guardian of the Treaty, to take all necessary measures,

Should the Commission come to the conclusion that Community law is being breached in the specific
case,
including
infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant
Community law.

Furthermore, the Commission has taken the necessary steps with Basilicata Region in order to verify
whether ERDF co-finances tourist facilities next or inside SCIs or SPAs areas mentioned in the question.
Moreover, the Commission continues actively to monitor and control the use of Structural Funds under the
Basilicata Operational Programme, including the conformity of selected projects with European Regional
Development Fund (ERDF) regulations and with Community law.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.
(3) OJ L 103, 25.4.1979.
(4) OJ L 206, 22.7.1992.

(2004/C 33 E/115)

WRITTEN QUESTION E-1407/03

by Kathleen Van Brempt (PSE) to the Commission

(23 April 2003)

Subject: Protective clothing for motorcyclists

is very expensive. However, proper
for motorcyclists, but
Protective clothing is very important
equipment can save lives. Motorcyclists’ organisations are calling for VAT on protective clothing, for
example helmets, the wearing of which is compulsory by law, to be reduced from 21 % to 6 %. However,
the national authorities have informed the motorcyclists that VAT reductions on protective clothing can be
determined only by European bodies.

it

Is the Commission aware of this call from motorcyclists?

Does the Commission have any intention of taking measures whereby VAT on protective clothing would
be reduced?

If not, what is the Commission doing with a view to promoting protective clothing for motorcyclists?

Answer given by Mr Bolkestein on behalf of the Commission

(16 June 2003)

As it indicated in its Communication on the new VAT strategy (1) and in the report of October 2001 on
reduced rates (2) the Commission intends to carry out an overall review of the structure of reduced rates in
the first half of the year. This review will look at all requests for reduced rates for individual categories of
goods and services as several business sectors have often expressed an interest in tax incentives and
reduced VAT rates in particular.

C 33 E/116

Official Journal of the European Union

EN

6.2.2004

The Commission has already been notified of applications by motorcyclist associations for reduced VAT
rates for protective clothing and headwear.

A large degree of harmonisation exists within the Community. The standard rate currently applies in 14
Member States. This varies between 15 % and 25 %. The United Kingdom has been authorised on an
exceptional basis to continue to apply, during a transitional period, the zero rate which was in force in the
United Kingdom on 1 January 1991.

The Commission will shortly be presenting a proposal to improve the functioning of the internal market
by rationalising the use of reduced rates by Member States to avoid potential distortion of competition.
This will give all Member States the same rights in applying reduced rates.

As another measure to promote protective clothing and headwear for motorcyclists the Commission is
considering whether to harmonise the conditions for the wearing of helmets by users of two-wheel motor
vehicles and to support campaigns to promote the use of protective clothing by them.

In 1998 the European Union adopted Regulation 22 of the United Nations Economic Commission for
Europe introducing type approval of protective helmets for motorcyclists. The protective components of
motorcyclists’ clothing are covered by Council Directive 86/686/EEC of 21 December 1989 on the
approximation of the laws of the Member States relating to personal protective equipment (3) which makes
the EC mark compulsory for all products with specific protective features. This Directive, and its proposed
update, ensure a high level of health and safety protection for users of individual protective equipment.
The EC mark also contributes to market transparency as products conforming to the Directive can be
visibly distinguished from other types of equipment.

(1) COM(2000) 348 final.
(2) COM(2001) 599 final.
(3) Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States

relating to personal protective equipment, OJ L 399, 30.12.1989.

(2004/C 33 E/116)

WRITTEN QUESTION E-1413/03

by Graham Watson (ELDR) to the Commission

(23 April 2003)

Subject: Sewage disposal/treatment

Can the Commission comment on the extent to which the sewerage systems in Brussels and Milan comply
with EU law on sewage treatment and disposal?

Answer given by Mrs Wallström on behalf of the Commission

(23 May 2003)

Council Directive 91/271/EECof 21 May 1991 concerning urban wastewater treatment (1) requires Member
States to ensure that all agglomerations with more than 2 000 inhabitant equivalents (2) are provided with
urban wastewater collection and treatment systems. The deadlines for providing these systems are
31 December 1998 (tertiary treatment), 31 December 2000 and 31 December 2005, depending upon the
size of the conurbation and the sensitivity of the recipient waters.

Concerning Milan, the Commission has launched an infringement procedure against Italy for failure to
comply with this Directive. This is because wastewater in Milan has been discharged into the relevant
catchment areas without the necessary stringent (tertiary) treatment. A judgement of 25 April 2002 by the
European Court of Justice was in favour of the Commission’s position.