WRITTEN QUESTION E-3939/03 by Elisabeth Jeggle (PPE-DE) to the Commission. Failure by drivers of refuse and gritting lorries to comply with the rules on driving and rest periods when carrying out public service tasks.
Date: 2003-12-19
Institutions: European Parliament, Provisional data
Subjects: drivers, driving period, organisation of work, rest period, road transport, services of general interest

3.4.2004

EN

Official Journal of the European Union

C 84 E/121

entry and residence. In addition, the Commission has no indication whatsoever that the United States
authorities have tried to establish such a practice as insinuated by the Honourable Member.

However, in view of recent incidents, which have attracted some media attention, the Commission would
like to note that most EU citizens, who are in the possession of a machine-readable passport, fall under the
visa waiver programme of the United States, if the purpose of their short-term stay is tourism or short-
term business. Any other purpose, such as family reunification, requires a visa, which has in principle to
be requested in advance at the responsible United States consular post abroad or by the family member,
who is a United States national. Persons, who have received a visa from a consular post, have the right of
appeal to an immigration judge, if problems occur during the immigration procedure at the point of entry.

A different matter concerns persons, whose visa application is not yet decided or who have not applied for
a visa in advance, e.g. because they believed that they would fall under the visa-waiver programme.
The United States authorities may reject these persons, if they try to obtain residence under false pretences
or if they previously breached immigration rules. They can be returned immediately by the immigration
authorities at the point of entry without the possibility of judicial remedy at this stage, even if another
immigration procedure or visa application is pending. Any dispute has to be settled from abroad with the
assistance of the consular services.

In principle, the Member States apply similar systems to ensure that applications for immigration or
residence are tabled abroad and decided by the consular services in advance of the entry. Border posts do
only under very exceptional circumstances issue entry visas. Member States have the possibility to refuse
entry or residence to any national of a third-country, if the provisions on entry and residence are not
fulfilled. This does also concern persons from third countries, such as the United States, whose nationals
are exempt from the requirement to possess a short-term visa when crossing the external borders. If, for
instance, the authorities discover that the purpose of entry is not compliant with the visa exemption, the
person can be rejected. The possibility to take legal action against such decisions differs among Member
States.

if somebody exceeds the duration of

Moreover,
three months (so-called
overstayers), removal procedures can be initiated. Finally, persons, who violated immigration laws, can be
banned from a legal re-entry according to national law. The duration of the re-entry ban depends also on
national law.

the visa-free residence of

The Commission has no concrete figures on United States nationals, who have been subject to removal
procedures in Member States.

(2004/C 84 E/0157)

WRITTEN QUESTION E-3939/03

by Elisabeth Jeggle (PPE-DE) to the Commission

(19 December 2003)

Subject: Failure by drivers of refuse and gritting lorries to comply with the rules on driving and rest periods

when carrying out public service tasks

Over the Christmas period and during the winter the workload facing drivers of refuse and gritting lorries,
whose duties in Germany include some public service tasks, is such that they are unable to comply with
the rules governing driving and rest periods for drivers of heavy goods vehicles.

This state of affairs prompts the following questions, which concern both public-sector employers and the
employees in question in Germany:

(cid:1) Can derogations be granted from the rules governing driving and rest periods when drivers are

performing public service tasks?

(cid:1) If so, by how many hours can maximum driving periods be exceeded in such cases?

C 84 E/122

Official Journal of the European Union

EN

3.4.2004

Answer given by Mrs de Palacio on behalf of the Commission

(10 February 2004)

The Regulation which governs driving time and rest periods for drivers, Council Regulation (EEC) No 3820/
85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport (1),
sets out a list of exemptions in Article 4. Under Article 4(6) vehicles which are used for highway
maintenance and control as well as refuse collection and disposal are exempt from the Regulation’s
provisions. It therefore follows that for the period in which these vehicles carry out such activities, they are
excluded from the Regulation’s provisions. Thus drivers of the two categories of vehicle mentioned (cid:1)
refuse lorries and gritting vehicles (cid:1) are not subject to the Regulation’s provisions.

This being so, only certain provisions of the general working time Directive (Council Directive 93/104/EC
of 23 November 1993 concerning certain aspects of the organization of working time (2), as amended by
Directive 2000/34/EC of the Parliament and of the Council of 22 June 2000 (3)) are applicable to such
mobile workers, including, amongst others, the requirements that they should have adequate rest, and that
they should work 48 hours per week on average within a reference period of four months that can be
extended, by the Member State concerned, up to 12 months.

In addition, Member States may make national rules to cover these particular drivers.

(1) OJ L 370, 31.12.1985.
(2) OJ L 307, 13.12.1993.
(3) OJ L 195, 1.8.2000.

(2004/C 84 E/0158)

WRITTEN QUESTION E-3952/03

by Catherine Stihler (PSE) to the Commission

(22 December 2003)

Subject: Standards on laying gas pipes

Can the Commission inform me what standards are in force in Europe so far as the laying of gas pipes
through domestic properties is concerned?

Answer given by Mrs de Palacio on behalf of the Commission

(6 February 2004)

The Commission does not have any competence on the question of the grant of rights of way for laying
gas pipelines through domestic properties, which entirely falls under the competence of Member States.
As a consequence, the Commission does not dispose of any information on corresponding standards in
force in Europe.

(2004/C 84 E/0159)

WRITTEN QUESTION E-3963/03

by José Ribeiro e Castro (UEN) to the Commission

(5 January 2004)

Subject: Geroi Sevastopolya (cid:1) Safety at Sea

The Russian petrol tanker Geroi Sevastopolya (‘Heroes of Sebastopol’) (cid:1) a 24-year-old single-hull vessel
transporting 50 million tonnes of fuel oil (cid:1) is following a course similar to that of the ‘Prestige’, which
one year ago caused an environmental disaster in Spanish waters, and over the next few days it will sail
through international waters close to Denmark, Germany, the Netherlands, Belgium, the United Kingdom,
France, Spain and Portugal.