WRITTEN QUESTION E-2873/03 by Jules Maaten (ELDR) to the Commission. Soot measurement as regards private cars: Directives 92/55/EEC, 96/96/EC and 1999/52/EC.
Date: 2003-09-26
Institutions: European Parliament, Provisional data
Subjects: Belgium, European standard, Germany, Netherlands, combustion gases, motor vehicle, roadworthiness tests, testing, transport regulations

20.3.2004

EN

Official Journal of the European Union

C 70 E/151

(2004/C 70 E/157)

WRITTEN QUESTION P-2871/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(22 September 2003)

Subject: Research on human embryos and embryo stem cells

The proposal for a Council decision (1) amending Decision 2002/834/EC states that at the Council meeting
of 30 September 2002, the Council and the Commission agreed that ‘detailed implementing provisions
concerning research activities involving the use of human embryos and human embryonic stem cells shall
be established by 31 December 2003.’ Until that time, the Commission will not propose to fund such
research, with the exception of proposals for projects that involve the use of banked or isolated human
embryonic stem cells in culture.‘This leads to the conclusion that the Commission considers that research
using human ’supernumerary’ embryos or stem cells created from them will, as from 2004, be able to
receive funding, even if the implementing measures have at that time yet to be adopted, come into force or
become applicable. This position would appear to contradict the Commission’s statement that ‘during that
period [until 31 December 2003] and pending establishment of the detailed implementing provisions, it
will not propose to fund such research’ (See 12374/02 ADD 1, p. 5.).

Can the Commission confirm that
implementing provisions are adopted, in force and applicable?

it will not propose to fund such research until

the detailed

(1) COM(2003) 390.

Answer given by Mr Busquin on behalf of the Commission

(17 October 2003)

On 30 September 2002 the Council and the Commission agreed that detailed implementing provisions
concerning the use of human embryos and human embryonic stem cells which can be financed under the
sixth Framework Programme will be defined between now and 31 December 2003.

To this end, the Commission adopted a proposal amending the specific research programme on 9 July
2003 (1). The Council and the Commission have undertaken to reach an agreement and complete the
legislative process, after Parliament has given its opinion, by 31 December 2003 at the latest.

The Commission confirms that do its utmost to honour this commitment and hopes that Parliament will
provide active support.

(1) COM(2003) 390 final.

(2004/C 70 E/158)

WRITTEN QUESTION E-2873/03

by Jules Maaten (ELDR) to the Commission

(26 September 2003)

Subject: Soot measurement as regards private cars: Directives 92/55/EEC, 96/96/EC and 1999/52/EC

1.
Is the Commission aware of the risks to car manufacturers and car owners associated with soot
measurement, which is required by Directive 92/55/EEC (1) (amended in 1996, 96/96/EG (2), and in 1999,
1999/52/EC (3))?

C 70 E/152

Official Journal of the European Union

EN

20.3.2004

Is the Commission aware of

the risks involved, soot
2.
measurement has not been carried out for quite some time and that, in Germany, tests of this kind are
carried out only once every two years? Despite this, a Dutch car owner is required to have his or her car
tested for soot in this way once a year.

in Belgium,

in view of

the fact

that,

Is the Commission aware of

3.
the Netherlands
Government has chosen a test method that is especially damaging to (diesel) automatics in particular,
because it does not simulate normal road conditions, thereby putting excessive strain on the gearbox?

in implementing these Directives,

the fact

that,

4.
Is the Commission aware that there is an alternative test method (using a rolling test bench) to that
required in the Netherlands and that, while this method is more expensive, it is less damaging to the car?

Is the Commission aware that, in Germany, tests have been carried out using a rolling test bench for

5.
some time?

Does the Commission agree that the fact that Dutch consumers are not free to choose which method
6.
of soot measurement is used represents a hindrance to the free market? Is the Commission prepared to
raise the matter with the Netherlands Government?

(1) OJ L 225, 10.8.1992, p. 68.
(2) OJ L 46, 17.2.1997, p. 1.
(3) OJ L 142, 5.6.1999, p. 26.

Answer given by Mrs de Palacio on behalf of the Commission

(6 November 2003)

The Commission is aware that there have been problems in implementing the ‘smoke test’ requirements of
Directive 1992/55/EC (1). That
through Directive
1999/52/EC (2). This Directive adapts the original testing technique and introduces requirements to pre-
condition the engine prior to testing. This requirement has, as far as the Commission is aware, solved the
engine failure problem and Belgium does conduct soot measurement during technical inspection.

is why the Commission proposed an amendment

Directive 96/96/EC (3)
lays down minimum standards that must be followed by Member States.
The Directive allows Member States to stipulate a more frequent testing periodicity or more stringent
technical requirements for their own registered vehicles provided those testing standards are not more
severe than the vehicle was constructed to achieve. Consequently, the Dutch Authorities are within their
right to require testing of passenger cars (and light commercial vehicles) every year although the minimum
testing frequency specified within the Directive is every two years.

The aim of the roadworthiness test for vehicle emissions is to identify motor vehicles that are gross
polluters, i.e. vehicles that pollute at levels significantly in excess of prescribed limits. The roadworthiness
test needs to be relatively quick, simple and cost-effective to perform. Its aim is not to attempt to replicate
real world conditions but to identify vehicles that are poorly maintained. Although German emission
testing equipment is perhaps more ideal its cost is substantially higher. Consequently, the Commission
does not think it necessary to harmonise testing methods around the more expensive practices that
Germany has adopted.

(1) Council Directive 92/55/EEC of 22 June 1992 amending Directive 77/143/EEC on the approximation of the laws of

the Member States relating to roadworthiness tests for motor vehicles and their trailers (exhaust emissions).

(2) Commission Directive 1999/52/EC of 26 May 1999 adapting to technical progress Council Directive 96/96/EC on
the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their
trailers.

(3) 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.