WRITTEN QUESTION No. 2013/97 by John IVERSEN to the Commission. Poisonous sprays
C 60/78 EN Official Journal of the European Communities 25. 2. 98 Answer given by Mr Bangemann on behalf of the Commission (25 June 1997) Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers as last amended by Directive 96/27/EC (1) does not apply to used vehicles. Neither do Directive 74/150/EEC on the type-approval of tractors (2) nor Directive 92/61/EEC on type-approval of two- or three-wheeled motor vehicles (3). Used vehicles which are imported, be it privately or on a commercial basis, therefore do not have to be type-approved. Such vehicles are usually single-approved (if the Member State has a single-approval scheme at all) to be allowed entry into service in a Member State. The procedure and the requirements to obtain single-approval for a vehicle are not harmonized in the Community. Therefore Member States may regulate the procedure and the material requirements for the granting of single-approval. The only requirements set in advance by the Community to be fulfilled also by such vehicles are the limit values concerning noise and pollutant emissions. Member States may, for the purpose of single-approval, request compliance with other Community directives regulating vehicle parts and components, although these directives do not apply to single-approval under Community law. But Member States may also have requirements different from those laid down in these directives. It is up to the Member State to decide, whether a single vehicle fulfills the characteristics deemed to be absolutely necessary to allow a vehicle to enter into service in this Member State. Single approvals granted by a Member State are only valid in this Member State. If the vehicle is brought to another Member State it has to undergo another single-approval there to be registered. The first Member State may have granted exemptions from Community directives. If the second Member State is not prepared to also grant such exemptions and therefore refuses to deliver single-approval, the rules of Articles 30 and 36 of the EC Treaty apply. This means that the second Member State has to give reasons according to Article 36 EC treaty or the mandatory requirements developed by the case law of the Court of justice why the single vehicle is not accepted for entry into service in its territory. (1) OJ L 42, 23. 2. 1970. OJ L 169, 8. 7. 1996. (2) OJ L 84, 28. 3. 1974. (3) OJ L 225, 10. 8. 1992. (98/C 60/114) WRITTEN QUESTION E-2013/97 by John Iversen (PSE) to the Commission (11 June 1997) Subject: Poisonous sprays A major Danish concern, Cheminova, which manufactures poisonous sprays has been accused in recent weeks of selling sprays that are not authorized in the EU to countries outside the Union. The sprays are used in Central America where a Danish TV documentary has shown that agricultural workers are falling sick and dying from the substances used. Does the Commissioner take the view that there should be a ban on exporting poisonous sprays beyond EU borders when they are not authorized in the Union? Does the Commissioner take the view that measures should be introduced to make the producer liable for the effects that such substances may have on the environment and people?