WRITTEN QUESTION E-1748/03 by Proinsias De Rossa (PSE) to the Commission. Compulsory testing of passenger cars.
Date: 2003-05-26
Institutions: European Parliament, Provisional data
Subjects: amendment of a law, application of EU law, motor car, roadworthiness tests

C 33 E/164

Official Journal of the European Union

EN

6.2.2004

(2004/C 33 E/161)

WRITTEN QUESTION P-1746/03

by Proinsias De Rossa (PSE) to the Commission

(20 May 2003)

Subject: Carrickmines Castle archeological finds

Could the Commission please indicate the current position as regards its investigations into the
Environmental Impact Assessment carried out under Directive 85/337/EEC (1) and, in particular, its failure
to the
to appraise the impact on the archaeological heritage of
Commission’s answer to Oral Question H-0649/02 (2), will it please indicate when it expects to report on
its investigation, bearing in mind the urgent nature of this situation, given the imminent destruction of this
archaeological treasure?

the Carrickmines site? Further

(1) OJ L 175, 5.7.1985, p. 40.
(2) Written reply dated 22 October 2002.

Answer given by Mrs Wallström on behalf of the Commission

(24 June 2003)

The Commission confirms that its appraisal as regards the adequacy of assessment of archaeological
impacts under the environmental
impact assessment (EIA) carried out on the M50 motorway project
pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March
1997 (1), is ongoing. This assessment raises precise technical questions that require careful examination.
Separately the Commission is aware that work on this site has been halted by a legal action in the national
courts related to compliance with national
It is conscious of the desirability of advancing the
examination of the EIA aspects, and hopes to be able to convey more precise information to the
Honourable Member within the next two months.

law.

(1) OJ L 73, 14.3.1997.

(2004/C 33 E/162)

WRITTEN QUESTION E-1748/03

by Proinsias De Rossa (PSE) to the Commission

(26 May 2003)

Subject: Compulsory testing of passenger cars

Could the Commission please indicate the current position in each Member State regarding the
implementation of Council Directive 96/96/EC (1) on the compulsory testing of passenger cars over four
years old every two years. Is the Commission planning to review that Directive?

(1) OJ L 46, 17.2.1997, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(27 June 2003)

Roadworthiness testing within the Union is governed by Council Directive 96/96/EC of 20 December
1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor
vehicles and their trailers, which 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.

Today, all Member States and Accession Countries have transposed and put into effect the Directive and
therefore include passenger car testing within their national roadworthiness testing programmes in

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Official Journal of the European Union

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conformity with Directive 96/96/EC as amended (1). Since the Directive specifies minimum standards, some
Member States have also introduced more stringent testing requirements or require more frequent testing
or have extended the scope of technical inspection to cover more types of vehicles such as motorcycles.

Over the past decade there has been significant advances in vehicle construction standards, particularly in
electronic control systems and the Commission is considering how roadworthiness testing requirements
can evolve for the future. To assist in its analysis, the Commission is to launch soon a study on the
assessment of
the
complexity of current vehicle safety and environmental control systems and their expected developments
for the future and other developments such as ‘reciprocal recognition’ and the possibility of quality
assurance schemes in some circumstances.

future roadworthiness enforcement options for road vehicles taking account of

In the light of the study results which will probably take two years to complete, the Commission will
decide on the appropriateness of modifying the roadworthiness-testing Directive.

(1) OJ L 48, 17.2.2001.

(2004/C 33 E/163)

WRITTEN QUESTION E-1757/03

by Juan Ojeda Sanz (PPE-DE) to the Commission

(27 May 2003)

Subject: Possible abuse of authority

There have been fresh incidents in recent days on the periphery of Portuguese waters following the
incursion of Spanish fishing vessels. The Portuguese authorities respond to these misdemeanours, which
regrettably occur on a fairly regular basis, with firearms and other violent means which are totally
disproportionate, particularly between two neighbouring countries which both belong to the EU.

In the light of the above, and bearing in mind Article 49 of the Charter of Fundamental Rights of the
European Union, which refers to the principles of legality and proportionality of criminal offences and
penalties, does the Commission consider the severity of the penalties to be disproportionate to the criminal
offence? If so, how does the Commission believe that such abuses of authority in the EU might be curbed?

Answer given by Mr Fischler on behalf of the Commission

(8 July 2003)

The Commission has no detailed information on the incidents described by the Honourable Member.

It should be noted that under Article 24 of Council Regulation (EC) No 2371/2002 of 20 December 2002
on the conservation and sustainable exploitation of
fisheries resources under the common fisheries
policy (1), the Member States must take the inspection and enforcement measures necessary to ensure
compliance with the rules of the common fisheries policy on their territory or in the waters subject to
their sovereignty or jurisdiction. Under Article 25 of that Regulation, the Member States must also ensure
that appropriate measures are taken, including administrative action or criminal proceedings in conformity
with their national law, against the natural or legal persons responsible where the rules of the common
fisheries policy have not been respected. In addition, under that Article, the Member States must take
immediate measures to prevent vessels or natural or legal persons found in flagrante delicto while
committing a serious infringement, as defined in Council Regulation (EC) No 1447/1999 (2),
from
continuing to do so.

Clearly, any penalties must be applied in compliance with the principles laid down in the Charter of
Fundamental Rights as referred to by the Honourable Member.