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C 137 E/136 Official Journal of the European Union EN 12.6.


The Commission has already informed the Honourable Member of the various internal investigations,
disciplinary procedures and judicial proceedings related to the contract concluded with Group 4 Securitas.
The Commission’s lawyer lodged an appeal against the decision taken on 19 March 2002 by the Chambre
du Conseil of the Brussels Court of First Instance to dismiss the case. The Brussels Court of Appeal’s
Chamber for Indictments confirmed in a ruling of 28 May 2002 that the case had been dismissed.

As for requests for access to certain documents relating to the security service affair, the Commission has
already replied to the Honourable Member’s Written Questions E-2489/01 (3), P-3450/01 (4), E-0645/02
and E-1771/02.

The European Anti-Fraud Office (OLAF) now confirms that there are no longer any investigations under
way within OLAF concerning relations between Group 4 Securitas and the Commission, and that the legal
case opened by the Belgian authorities is also closed. However, two cases related to the Security Office
dossiers are currently pending before the Court of First Instance.

(1) OJ C 309 E, 12.12.2002, p. 159.

(2) OJ C 205 E, 29.8.2002, p. 183.
(3) OJ C 115 E, 16.5.2002, p. 99.
(4) OJ C 134 E, 6.6.2002, p. 233.

(2003/C 137 E/155) WRITTEN QUESTION E-2958/02

by Dieter-Lebrecht Koch (PPE-DE) to the Commission

(22 October 2002)

Subject: Commission Decision 2002/525/EC of 27 June 2002 amending Annex II to Directive 2000/53/EC
on end-of-life vehicles

Pursuant to Annex II to Directive 2000/53/EC of 18 September 2000 (1) on end-of life vehicles, the use of
lead balance weights is to be prohibited from 1 July 2003 for vehicles type-approved after that date and
for all vehicles after 1 July 2005. Lead balance weights constitute an important safety element for vehicles
by preventing wheel vibration and knocking.

Can the Commission indicate whether prior inquiries were made to ensure that alternative materials for
balance weights are available which can guarantee the same safety level as lead balance weights?

(1) OJ L 269, 21.10.2000, p. 34.

Answer given by Mrs Wallström on behalf of the Commission

(5 December 2002)

The Commission has carefully prepared Commission Decision 2002/525/EC (1) amending Annex II of this
Directive in light of an elaborate scientific and technical assessment. This assessment included a technical
study completed by an independent consultant as well as investigations carried out directly by the
Commission. The Commission also benefited from several meetings with the concerned economic
operators, as well as discussions with the Member States experts within the Technical Adaptation
Committee referred to by Article 11 of the Directive.

The technical study is available on the Commission’s web site, at the following address: http:// Pages 12-20 of this study analyse the situation
for lead in wheel balance weights. This study confirms the availability of substitutes for lead in wheel
balance weight and states that some substitutes are already in use. It concludes that a temporary exemption
until 1 July 2004 seems adequate, in order to allow for the necessary adjustments and to leave time for the
‘alternative market’ to grow.
12.6.2003 EN Official Journal of the European Union C 137 E/137

On the basis of its overall assessment, the Commission proposed to include lead in wheel balance weights
in the list of exemptions of the revised Annex II. More specifically, the Commission proposed to
temporarily allow the use of lead for wheel balance weights on vehicle models type-approved before 1 July
2003 as well as for wheel balance weights used by the repair and service sector in relation to these
vehicles. The Commission proposed 1 July 2005 as expiry date for this exemption. On 22 May 2002, the
Technical Adaptation Committee unanimously voted in favour of the proposal, including the temporary
exemption for wheel balance weights.

It should also be noted that the Commission will closely monitor the implementation of Commission
Decision 2002/525/EC. By 1 January 2005, the Commission will assess, among others, the temporary
exemption for lead in wheel balance weights in relation to road-safety aspects.

(1) OJ L 170, 29.6.2002.

(2003/C 137 E/156) WRITTEN QUESTION E-2959/02

by Chris Davies (ELDR) to the Commission

(22 October 2002)

Subject: A2 (Lisbon-Algarve) motorway, Portugal

In April 2001 the Commission sent a reasoned opinion to the Portuguese Authorities informing them that
the crossing of the Castro Verde SPA by the Grandola-Almodovar section of the A2 motorway would
violate the Habitats Directive.

In November 2001, another reasoned opinion was sent, concerning the next sector of the motorway
(Almodovar-VLA), which affected the Caldeirao, Barrocal, and Ribeira de Quarteira proposed Sites of
Community Importance.

During the processing of these cases both sectors were built. In the light of this situation has the
Commission submitted the cases to the ECJ? Has the Commission received a request for funding from the
Portuguese Authorities for either sector of the motorway?

Answer given by Mrs Wallström on behalf of the Commission

(3 December 2002)

The Commission can confirm to the Honourable Member that it has taken the decision to refer Portugal to
the Court of Justice in connection with two infringement procedures concerning the construction of two
sections of the Lisbon-Algarve motorway  the Grândola/Almodôvar section (procedure 2000/4418) and
the Almodôvar/Via Longitudinal do Algarve section (procedure 1999/5085).

This decision was based on failure to fulfil obligations arising from Article 6 of Council Directive 92/43/
EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1).

Moreover, the Commission hereby informs the Honourable Member that no Community funding has been
granted for the two sections in question.

(1) OJ L 206, 22.7.1992.