WRITTEN QUESTION E-1433/03 by Theodorus Bouwman (Verts/ALE) and Rijk van Dam (EDD) to the Commission. European driver attestation and suspected misuse of ECMT permits.
Date: 2003-04-24
Institutions: European Parliament, Provisional data
Subjects: drivers, international road transport, third country, transport document, transport licence, transport regulations

6.2.2004

EN

Official Journal of the European Union

C 33 E/119

institutions: report of 5 March 2003 to the European Council on action to deal with the effects of the
Prestige disaster (1); and the Commission working document reporting on the sinking of the Prestige oil
tanker presented on 19 March 2003 to Parliament’s Committee on Regional Policy, Transport and Tourism
during the hearing.

the measures which concern single-hull

tankers such as the Vemamagna more particularly,

Of
the
Commission would draw attention more especially to the proposal for a Regulation which prohibits the
carriage of heavy fuel oil by single-hull tankers to or from Union ports, and accelerates the replacement of
single-hull tankers by double-hull tankers (2). This proposal, which was transmitted to the co-legislators on
20 December 2002, has in the meantime been the subject of agreement within the Council, and a draft
favourable opinion has been adopted by Parliament’s Committee on Regional Policy, Transport and
Tourism. Parliament is therefore expected to adopt it on first reading during its next plenary session in
June 2003.

On 13 March 2001, the Commission also put forward a proposal on the protection of the environment
through criminal law (3), and on 5 March 2003 it sent to Parliament and the Council a proposal for a
Directive (4) on ship-source pollution and the introduction of sanctions, including criminal sanctions, for
pollution offences. This proposal concerns illegal discharges and major oil pollution. It covers the entire
chain of liability. Those who cause pollution will therefore no longer be able to shirk their responsibility.

(1) COM(2003) 105 final.
(2) COM(2002) 780 final.
(3) COM(2001) 139 final, 13 March 2001, OJ C 180, 26.6.2001, as amended by COM(2002) 544 final, 30 September

2002, OJ C 20 E, 28.1.2003.

(4) COM(2003) 092 final.

(2004/C 33 E/119)

WRITTEN QUESTION E-1433/03

by Theodorus Bouwman (Verts/ALE) and Rijk van Dam (EDD) to the Commission

Subject: European driver attestation and suspected misuse of ECMT permits

(24 April 2003)

With effect from 19 March 2003, transport companies in the EU are required to use a driver attestation
for drivers from third countries working for them.

Can the Commission indicate to what extent the Member States are complying with the requirement that
took effect on 19 March 2003 on the use of the driver attestation for drivers from third countries, in
accordance with Regulation (EC) No 484/2002 (1)?

Does the Commission agree that the fact that the requirement to hold a driver attestation under Regulation
484 does not apply to ‘third country drivers’ working for transport companies from third countries in
which EU transport companies have a (majority) stake is a serious gap in the law, and one that must be
dealt with? If so, what does the Commission propose to do?

Does the Commission agree that the fact that companies and drivers from third countries that use an
ECMT permit for transport within the EU, in which they are operating virtually without restriction (in
terms of time) throughout the EU’s territory, in effect constitutes improper use of the permit, and that the
situation should be dealt with?

Does the Commission agree that it is undesirable for drivers from ‘third countries’ to hire themselves out
to European transport companies as ‘independent drivers’,
to hold a
European driver attestation? What steps can and will the Commission take to put an end to such practices?

thus evading the requirement

(1) OJ L 76, 19.3.2002, p. 1.

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Official Journal of the European Union

EN

6.2.2004

Answer given by Mrs de Palacio on behalf of the Commission

(10 June 2003)

The Regulation is a legal instrument directly applicable in all Member States. The Commission has not so
far received any complaints regarding failure to apply this Regulation.

In the Commission’s opinion, the situation described by the Honourable Members does not constitute a
‘gap in the law’ since, in practice, non-EU transport companies’ rights of access to the European road
haulage market are limited to permits issued by the ECMT (European Conference of Ministers of
Transport), as described below, and under specific bilateral agreements (triangular authorisations). The
common rules can be applied to non-EU countries only subject to agreements which would have to be
negotiated with those countries, and it would be unnecessarily complicated to enter into negotiations for a
number of agreements (involving long, difficult procedures) given the limited nature of the access rights in
question. Furthermore, Regulation (EC) No 484/2002 (1) amends Regulation (EEC) No 881/92, which
applies only to European Union territory. Lastly, the measure which the Honourable Members advocate,
requiring merely that the terms of employment comply with the regulations of a non-EU State, would not
serve to harmonise the conditions of competition with those in force within the European Union.

The ECMT system is autonomous and is not governed by Community law. The Commission is not
therefore competent to give an opinion on holders’ use of ECMT permits. Nonetheless, the Honourable
Members’ concerns about permit misuse have been raised at meetings of the ECMT members and a
decision was taken at the last ministerial-level meeting to reform the permit system and to require hauliers
to return to their country of origin at the end of at most a six week period. This reform will be put into
effect on an experimental basis for a period of one year commencing 1 January 2004.

The purpose of the Regulation on driver attestation is to make it possible to check whether drivers are
employed lawfully. Self-employed activities are outside the scope of the Regulation.

(1) Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council
Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation, OJ L 76,
19.3.2002.

(2004/C 33 E/120)

WRITTEN QUESTION E-1453/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(28 April 2003)

Subject: European Parliament resolution of 28 January 1999 (A4-0005/1999) on the environment, security

and foreign policy

With reference to paragraphs 26 to 29 of the European Parliament resolution of 28 January 1999 on the
environment, security and foreign policy (A4-0005/1999 (1)):

1. With regard to paragraph 26, has the Commission examined whether there are environmental and
public health implications for Arctic Europe arising from the HAARP programme, and will it be
reporting to Parliament concerning its findings? If so, what implications have been identified?

2. With regard to paragraph 27, what steps has the Commission taken to establish and enforce an
international convention introducing a global ban on all developments and deployments of weapons
which might enable any form of manipulation of human beings?

3. With regard to paragraph 28, what steps has the Commission taken to conclude international treaties

to protect the environment from unnecessary destruction in the event of war?

4. With regard to paragraph 29, what steps has the Commission taken with a view to the establishment

of international standards for the environmental impact of peacetime military activities?

(1) OJ C 128, 7.5.1999, p. 92.