WRITTEN QUESTION P-0913/04 by Philip Bradbourn (PPE-DE) to the Commission. Driver attestation checks.
Date: 2004-03-19
Institutions: European Parliament, Provisional data
Subjects: border control, drivers, international road transport, transport document, transport licence

8.4.2004

EN

Official Journal of the European Union

C 88 E/245

between the provision of health services and the systems put in place for their financing. Health services
provided for remuneration are an economic activity within the meaning of the EC Treaty, regardless of
how they are financed (see C-158/96 Kohll and C-157/99 Smits-Peerbooms). On the other hand,
solidarity-based, non-profit-making social security funds are not undertakings within the meaning of the
competition rules of the EC Treaty (see C-159/91 and C-160/91 Poucet-Pistre and, more recently on
16 March 2004, C-264/01, C-306/01, C-354/01 and C-355/01 AOK Bundesverband). However, exactly
how different national health systems fit into these categories will depend on their precise organisation and
status.

Nevertheless, all health systems throughout the Union share common values of accessibility, quality and
financial sustainability, despite their diversity. Moreover,
the potential advantages of mobility and
cooperation across Europe are open to patients, providers and those responsible for health systems. The
provisions on the coordination of social security systems (currently being simplified) and the forthcoming
European health insurance card provide an effective means for patients to access healthcare throughout the
Union and be reimbursed. The Commission has also proposed a directive on services in the internal
market (1) which will help to facilitate cross-border provision of services, and which includes specific
clarification with regard to the reimbursement of healthcare costs.

Health ministers, together with other health stakeholders, have come together in a high level process of
reflection on patient mobility and healthcare developments in the European Union. The report established
by this reflection group contains nineteen recommendations regarding European cooperation to promote
better use of resources; information for patients, professionals and providers; access to and quality of care;
an appropriate response to enlargement through investment in health; and the reconciliation of national
objectives with European obligations. The Commission has responded to these recommendations by
proposing the extension of the open method of coordination to healthcare and long-term care. Taken
together, all these different initiatives form an integrated strategy to enable patients to exercise their rights
under European law to healthcare in other Member States and to facilitate European cooperation between
health systems whilst respecting the responsibilities of the Member States for the organisation and delivery
of health services and medical care.

(1) COM(2004) 2 final.

(2004/C 88 E/0248)

WRITTEN QUESTION P-0913/04

by Philip Bradbourn (PPE-DE) to the Commission

(19 March 2004)

Subject: Driver attestation checks

Could the Commission inform me what percentage of HGV drivers entering the EU from non-member
States are regularly checked in accordance with driver attestation regulations upon reaching the EU’s
common frontiers, especially Germany and Austria?

What minimum percentages of such checks are the European Commission and Member States proposing
in order to ensure that following enlargement the new frontiers will be fully policed in respect of driver
attestation?

Answer given by Mrs de Palacio on behalf of the Commission

(23 April 2004)

Regulation (EEC) No 881/92 (1) as amended by Regulation (EC) No 484/2002 (2) foresees that a driver
attestation shall be issued by the Member State at
the Community
authorisation for each driver who is a national of a non-member country whom he lawfully employs or
who is lawfully put at his disposal. This entails that only those drivers that are nationals of a non-member

the request of

the holder of

C 88 E/246

Official Journal of the European Union

EN

8.4.2004

country driving a Community registered vehicle performing international carriage of goods (under the
cover of a Community authorisation) must be in the possession of a driver attestation when checked,
among others also at the border when entering the Community.

In principle at present all drivers covered by the scope of Regulation (EC) No 881/92 are checked at the
external border when first entering the Community. This situation will not change after enlargement.

Moreover, the regulation mentioned provides that the competent authorities of the Member State of
establishment shall regularly verify, by carrying out checks each year, covering at least 20 % of the valid
attestations issued in that Member State, whether the conditions under which a driver attestation has been
issued are still satisfied.

Finally, the objective of the Regulation (EC) No 484/2002 is not the protection of the internal market from
competitive enterprises of non-member countries but the proper functioning of the Community’s internal
market for road transport.

(1) OJ L 95, 9.4.1992.
(2) Regulation (EC) No 484/2002 of the Parliament and of the Council of 1 March 2002 amending Council Regulations
(EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation, OJ L 76, 19.3.2002.

(2004/C 88 E/0249)

WRITTEN QUESTION E-0914/04

by Caroline Lucas (Verts/ALE) to the Commission

(24 March 2004)

Subject: Illegal bird-trapping in Cyprus

Each year an estimated 12 million birds are illegally trapped while on migration through Cyprus. The use
is still
of such trapping methods as mist nets and lime sticks, which contravenes the Birds Directive,
widespread.

Given that Cyprus has to fully implement and enforce the Birds Directive (79/409/EEC (1)) and the Habitats
Directive (92/43/EEC (2)) as of 1 May 2004, what action is the Commission taking to curb the practice of
illegal bird-trapping and to ensure full implementation and enforcement by the date of accession?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

The Commission clearly pointed out during the negotiations for accession and the subsequent pre-
accession period that certain bird-trapping methods, like those involving the use of mist nets and lime
sticks, are incompatible with the provisions of the Birds Directive, Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds, as modified by Commission Directive 91/244/EEC of
6 March 1991 (1). The practice is illegal
in Cyprus and the Cypriot authorities have assured the
Commission that they would step up efforts for effective enforcement of the law in question.

Cyprus is required to ensure full implementation of the Birds and Habitats, (Council Directive 92/43/EEC
of 31 May 1992 on the conservation of natural habitats and of wild fauna and flora) Directives from the
date of accession to the European Union. From 1 May 2004 onwards the Commission will
take
appropriate measures to ensure full implementation of these Directives as it would for any other Member
State.

In this pre-accession period, Cyprus has now transposed these two Directives and is therefore obliged to
implement them under Cyprus national law.

(1) OJ L 115, 8.5.1991.