WRITTEN QUESTION E-2488/03 by Margrietus van den Berg (PSE) to the Commission. Problems caused by scooters.
Date: 2003-07-25
Institutions: European Parliament, Provisional data
Subjects: Community certification, competence of the Member States, harmonisation of standards, marketing standard, motor vehicle, nuisance, road safety, transport regulations, two-wheeled vehicle

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In the absence of harmonisation, the Member States may then invoke Article 30 of the EC Treaty and have
some leeway in deciding which works of art or cultural objects are included under the concept of ‘national
treasure’. It should be pointed out that the Court of Justice has never had occasion to define this concept.

The adoption of Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects
unlawfully removed from the territory of a Member State did not change this situation (1). One of the
provisions of this Directive is that a Member State may initiate proceedings, before the competent court in
another Member State, with the aim of securing the return of cultural objects which have been unlawfully
removed from its territory after 1993.

The Directive only refers to objects which were classified, before or after their unlawful removal from the
territory of a Member State, among its national treasures possessing artistic, historic or archaeological
value under national legislation, and which fall into one of the categories of cultural objects listed in the
Annex to this Directive. This list includes ‘collections of historical, palaeontological, ethnographic or
numismatic interest’ with a value of over EUR 50 000.

The United Nations Educational, Scientific and Cultural Organisation (Unesco) Convention of 1970, which
has been ratified by (8 or 9) Member States, only relates to the illicit import, export and transfer of
ownership of cultural property, with illicit trade in cultural objects remaining outside its scope.
In
accordance with the provisions of this Convention, the State Parties undertake to prohibit, or take the
necessary measures to prevent, the import of cultural property which has been stolen from museums,
religious institutions or public monuments, or when the cultural patrimony of a State Party is in jeopardy
from the pillage of archaeological or ethnological materials.

Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods (2), is not
applicable in this context. Its aim, in the context of the internal market, is to ensure the protection of the
Member States’ cultural goods, by making the export of cultural goods outside the customs territory of the
Community subject to the presentation of an export licence issued by a competent authority of the
Member State, without prejudice to the measures prohibiting the export of national treasures which the
Member States may take under Article 30 of the EC Treaty.

(1) OJ L 74, 27.3.1993. The Annex to this Directive was amended by Directive 96/100/EC of 17 February 1997

(OJ L 60, 1.3.1997) and by Directive 2001/38/EC of 5 June 2001 (OJ L 187, 10.7.2001).

(2) OJ L 395, 31.12.1992.

(2004/C 51 E/274)

WRITTEN QUESTION E-2488/03

by Margrietus van den Berg (PSE) to the Commission

(25 July 2003)

Subject: Problems caused by scooters

In accordance with Article 1(2) of Directive 2002/24/EC (1) of 18 March 2002 relating to the type-
approval of two or three-wheel motor vehicles scooters must have a maximum continuous rated power of
no more than 4 kW. Netherlands law had previously restricted the maximum continuous rated power of
such vehicles to 1,5 kW. Following the entry into force of the directive, Italian scooters with a rated power
of 4 kW can be imported without problem.

In many towns and cities in the Netherlands, including Rotterdam, the problems caused by young people
riding scooters have reached intolerable levels. Many residents regard scooters as one of the top three
nuisances in their neighbourhood. The nuisance stems from noise pollution caused by squealing tyres,
souped up engines and specially fitted hi-fi equipment and scooter races which go on until late at night.
Residents also complain about inconsiderate riding (excessive speed, riding on cycle paths and pavements).
In its efforts to resolve these problems, the Netherlands police is having to deal with the consequences of
harmonisation in the European internal market and, in particular, the directive referred to above.

Does the Commission take the view that rules on road safety are a matter for the Member States?

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Does the Commission take the view that inconsiderate behaviour by scooter riders is one problem which is
undermining road safety?

In the Commission’s view, can the Netherlands Government (cid:1) pursuant to Article 4(6) of Directive 2002/
24/EC and Article 95(5) of the EC Treaty (cid:1) introduce national provisions on the basis of which type-
approval for scooters of this kind can be denied?

Is the Commission considering a downward revision of the figure for the maximum rated power of
scooters?

(1) OJ L 124, 9.5.2002, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(25 August 2003)

Framework Directive 2002/24/EC of the Parliament and of the Council of 18 March 2002 is relating to
the type-approval of two or three-wheel motor vehicles and replaces the previous Council Directive 92/61/
EEC of 30 June 1992 (1). Neither of the two Directives defines a ‘scooter’. Scooters are commonly
understood as two or three-wheel motor vehicles with specific construction requirements regarding the
bodywork, in general they fall under the category moped.

In both Directives two-wheel mopeds with an internal combustion engine are defined as motor vehicles
having a cylinder capacity not exceeding 50 cubic centimeter (cm3) and a maximum design speed of not
more than 45 kilometer per hour (km/h). Directive 2002/24/EC foresees in addition a limitation of the
maximum power to 4 kilowatt (kW), but only for two and three-wheel electric mopeds and three-wheel
diesel mopeds. Those are used only in very small numbers, the latter ones mostly in the south of Europe.
With regard to the very large majority of mopeds the legal basis has not been changed by the new
Framework Directive. It is therefore not clear how the situation regarding mopeds could have changed as
explained by the Honourable Member,
in particular as Directive 2002/24/EC is only applicable from
9 May 2003 at the manufacturer’s discretion and will only become mandatory from 9 November 2003.

For the reasons explained above the Commission does not envisage modifications to the definitions of
mopeds.

The Commission takes the view that responsibility for road safety, especially the establishment of related
rules, is a shared responsibility between all levels involved in road safety, from the individual to local,
regional, national and European authorities. This is clearly illustrated in the recent Commission
Communication (2) on a ‘European Road Safety Action Programme (cid:1) Halving the number of road accident
victims in the European Union by 2010: A shared responsibility’. Article 71 of the EC Treaty allows the
Union to legislate to adopt measures to improve transport safety, within the limits of subsidiarity. Thus,
the Union has adopted legislation in several areas such as seat belt use in vehicles, the periodic technical
inspection of motor vehicles, roadside checks, tachographs, speed limiters, weights and dimensions of
vehicles, transportation of dangerous goods, driving licences and certain aspects of driver training.

The Commission agrees that inconsiderate behaviour by all road users (cid:1) not only scooter riders (cid:1) is one
of the problems which are undermining road safety. However,
it is mainly up to the enforcement
authorities in the Member States, by applying the necessary measures and a sufficient number of controls,
to make sure that the road safety rules are fully respected by those users.

Article 4(6) of Directive 2002/24/EC allows a Member State to refuse type approval if it finds that a
vehicle, system, separate technical unit or component which complies with the provisions of that Directive
is nevertheless a serious risk to road safety. The common interpretation of this provision is that it allows
Member State to refuse type approval when a specific vehicle or component represents a risk to road
safety. This provision does not allow Member States to introduce national provisions on the basis of which
type approval for certain categories of vehicles could be denied. The technical requirements for the type
approval of motor cycles are harmonised at Community level and, therefore, Member States cannot
introduce national measures in this field.

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Article 95(5) of the EC Treaty provides for the possibility of Member States introducing national measures
that derogate to Community harmonised measures only under specific circumstances. That article provides
that after the adoption of harmonisation measure,
if a Member State deems it necessary to introduce
national provisions based on new scientific evidence relating to the protection of the environment or the
working environment on grounds of a problem specific to that Member State arising after the adoption of
the harmonisation measure, the Member State will notify the Commission of the envisaged provisions as
well as the grounds for introducing them. The Commission will evaluate those measures. For those
reasons, if the Netherlands wishes to introduce measures that go beyond Community rules, it will have to
prove that all the conditions laid down in Article 95(5) are met.

(1) OJ L 225, 10.8.1992.
(2) COM(2003) 311 final.

(2004/C 51 E/275)

WRITTEN QUESTION E-2491/03

by Christopher Huhne (ELDR) to the Commission

(25 July 2003)

Subject: Eurostat

Does the Commission believe that
arrangements of Eurostat may extend to the integrity of the statistics?

the question marks concerning the integrity of

the financial

Answer given by Mr Solbes Mira on behalf of the Commission

(11 September 2003)

The Commission does not believe that the current investigations concerning Eurostat affect the integrity of
Community statistics.

Community statistics have always been compiled in accordance with a number of principles, such as
impartiality, reliability, objectivity and scientific independence. This will continue to be the case. These
principles are the mainstay of the existing ethos of cooperation within the European statistical system, and
integrity of the statistics
all participants are particularly vigilant and attentive about ensuring the full
produced.

The Commission is aware of the need to maintain the high level of quality for which Community statistics
are renowned. This is why the Commission attaches the utmost importance to adopting measures to
ensure that Eurostat’s activities continue and is drawing up a contingency plan to this end. The objective is
to ensure the timely production of reliable statistics in support of the Commission’s main policies.

(2004/C 51 E/276)

WRITTEN QUESTION E-2517/03

by Herbert Bösch (PSE) to the Commission

(29 July 2003)

Subject: Admissibility of the title ‘Honorary Director of the European Commission’

On the website of a German-language EU advisory agency in Brussels, an advisor is listed under the
heading ‘The team’, with the title ‘Honorary Director of the European Commission’ (‘Direktor h.c. der
Europäischen Kommission’.