WRITTEN QUESTION E-0261/04 by Baroness Sarah Ludford (ELDR) to the Commission. Reported Spanish ban on motorcycles towing trailers.
Date: 2004-02-03
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Spain, commercial vehicle, freedom of movement, traffic regulations, two-wheeled vehicle, vehicle parts

C 84 E/188

Official Journal of the European Union

EN

3.4.2004

Member States may also grant state aid to compensate the losses incurred by stock farmers as a result of
animal diseases for which a prevention, control and eradication programme has been adopted at
Community, national or regional level. In particular, under point 11.4 of the Guidelines for state aid in the
agriculture sector (3), support up to 100 % of the losses incurred may be granted to stock farmers affected.
Such aid must be notified in accordance with Article 88(3) of the EC Treaty. Some Italian regions have
notified aid schemes to compensate losses related to bluetongue.

(1) 2004/34/EC: Commission Decision of 6 January 2004 amending Decision 2003/828/EC with regard to the
(notified under document

movements of vaccinated animals from protection zones (Text with EEA relevance)
number C(2003) 5306), OJ L 7, 13.1.2004.

(2) OJ L 224, 18.8.1990.
(3) OJ C 28, 1.2.2000.

(2004/C 84 E/0228)

WRITTEN QUESTION E-0261/04

by Baroness Sarah Ludford (ELDR) to the Commission

Subject: Reported Spanish ban on motorcycles towing trailers

(3 February 2004)

Can the Commission confirm that a ban exists in Spain against motorcycles towing trailers? Is such a ban
legal under EU law, ‘inter alia’ on transport and free movement, and what action does the Commission
propose to take, if this is indeed the case?

Answer given by Mr Bolkestein on behalf of the Commission

(11 March 2004)

The Commission informs the Honourable Member that the transposition into Spanish law in 1997 and
1998 of Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain
components and characteristics of two or three-wheel motor vehicles (1) made possible the type-approval
and registration in that Member State of two or three-wheel vehicles (motorcycles) with coupling devices
for trailers or semitrailers. However, there continued to be a ban on motocycles towing a trailer the
General Vehicles Regulation.

As the Commission considered that the total ban on using a motorcycle towing a trailer was likely to
constitute an obstacle to the freedom of movement, in 1998 it started infringement proceedings against
Spain under Article 226 of the EC Treaty for infringement of Articles 18, 28 and 49 on the free movement
of persons and goods and the freedom to provide services. This procedure is currently pending before the
Court of Justice of the European Communities (Case C-197/02).

The Spanish authorities very recently adopted Royal Decree No 1428/2003 of 21 November 2003
approving the General Road Traffic Regulation in implementation of the Law on road traffic, motor
vehicles and road safety of 2 March 1990. This new General Road Traffic Regulation entered into force on
23 January 2004 and repealed the total ban on using a motorcycle towing a trailer in Spain.

The Commission emphasises that Article 12 of the new Regulation authorises motorcycles to tow trailers
or sidecars only if they do not exceed 50 % of the weight of the towing vehicle. The use of these trailers is
also subject to certain conditions: they must be used during daylight and in conditions that guarantee good
visibility, the speed of the motorcycle must be reduced by 10 % compared with the speed limit, and these
trailers may not in any circumstances be used to transport people.

Nevertheless, the General Vehicle Regulation, which is in the process of being amended, will also have to
repeal this ban.

(1) OJ L 226, 18.8.1997.