Proposition 53K0602

Projet de loi relatif à la publicité concernant les motocyclettes.

General information ¶

Authors

CD&V Nathalie Muylle
Ecolo Thérèse Snoy et d'Oppuers
LE Catherine Fonck
Open Vld Willem-Frederik Schiltz, Bart Somers
PS | SP Philippe Blanchart
Vooruit Maya Detiège

Submission date

Nov. 18, 2010

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

consumer information air quality environmental protection motor fuel advertising two-wheeled vehicle reduction of gas emissions

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR

Voted to reject

VB

Party dissidents ¶

• Marie-Claire Lambert (PS | SP) abstained from voting.

Contact form ¶

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Discussion ¶

Feb. 17, 2011 | Plenary session (Chamber of representatives)

Full source

Colette Burgeon, the rapporteur, refers to her written report.

Mr. Speaker, colleagues, it is very pleasant to be able to discuss some legislative work in this hemisphere and not to let ourselves in ongoing matters go down to lethargic matters. The bill presented today is a very small piece of work with which the colleagues, who submitted and defended it, want to impose an obligation on the vendors of motorcycles to include CO2 standards and consumption in their advertising. This is, as you know, already mandatory for passenger cars.

During the discussion of the bill, however, we were attentive to a small but not insignificant euphemism. There is no homologated test cycle for motorcycles. In other words, there is still discussion about which test method should be used to determine the correct CO2 emissions.

The committee was also concerned that this would prevent us from coming up with a legislative initiative. The Committee on Public Health and the colleagues who have worked diligently on the proposal, however, wanted to send the signal to the sector that we consider it important to make the available information compulsory in our country as early as possible, in order to be able to inform the consumer as soon as possible about what he buys.

We have submitted an amendment, which has been widely reflected, to address the concern that there is still disagreement about the test cycle. With this, we want to postpone the entry into force of this bill and not let it enter 30 days after signing, as it goes according to the usual provisions. We want to let it come into being only at the moment when the King determines that an objective measurement method is available. This will be done by 1 January 2013 at the latest, as then the transposition of a European regulation is expected, which will provide clarity on the European test cycle. If there is already an objective scientific method for determining the CO2 emissions of two- and three-wheelers, the King or the competent minister shall be able to establish them. You will then be able to question the then-seated minister and pressure him to execute this KB and thus also bring the law into force.

I am very pleased that we have worked very constructively together in the short term to launch this small bill, which is still an important signal. I thank you for your cooperation and I hope we can approve this later with great enthusiasm.

I agree with the remarks made by Mr. by Schiltz. We have done constructive work. I would like to take this opportunity to thank the various colleagues who supported this bill.

In terms of environmental issues, information obviously plays a decisive role in consumer behavior.

Today, it is important to note that the situation is unique because while this information on CO2 emissions and fuel consumption is systematically delivered for cars, this is not the case for motorcycles. But thanks to the bill in review, this will be done tomorrow.

It is paradoxical that this is not the case today. In fact, not only is everyone mobilizing for the environment, but it also happens that the fleet of motorcycles (cylinders greater than 50 cm3) is becoming increasingly large: it has grown from 137 000 in 1990 to more than 418 000 units in 2010. It is therefore a means of locomotion that is becoming increasingly common.

Let us not believe that these engines are low CO2 emitters or have low consumption; on the contrary, compared to their volume, motorcycles consume a lot.

Through this legislation, this information will be made available. In order to be effective, this information must be available to consumers early enough, well before they have made their purchase choice. They must be able to buy with full knowledge of cause.

by Mr. Schiltz talked about the standardized test. This is an important point; it is realistic and desirable. Let’s not forget that Spain has been able to adjust its registration tax for both wheels to the CO2 emission rate, proof that data on fuel consumption and CO2 emissions are fully available.

Finally, Mr. Speaker, dear colleagues, I think that this is just one step because other steps will have to follow, which is why we have also submitted a proposal for a resolution to result in a reduction in taxes when buying a low CO2 motorcycle. It is also a step that we will have to go through in order not only to have consumer information before their choice and purchase but also to be able to support the choices of public authorities, positive choices for the environment.

I would like to thank my various colleagues and the whole committee for the work done.

When two speakers have already been present, it is usually difficult for the third speaker to add something else. I was actually very happy and also a little surprised when Mr. Dallemagne in the previous legislature asked me if I would like to work together with Mr. Schiltz and Mr. Blanchart on a bill. We had developed a special band during the mission in Taiwan.

He asked me if I knew that there is actually very little legislation on environmental standards for motorcycles. I was surprised by the fact that since 2001 there has been a KB in force that obliges automotive manufacturers to record CO2 emissions and consumption and to notify consumers when selling a car. I was actually surprised that this does not exist for motorcycles. I was therefore very pleased that in a second phase Ms. Fonck – Mr. Dallemagne was no longer elected – wanted to take over the proposal with the same enthusiasm and the same energy from her colleague. We were able to pull the same car together in the committee.

Why am I saying this? I have seen that the impact in the automotive sector is huge. In a very short period of time, the consumer has become much more aware when buying a car. I see this in myself, but also in a lot of friends and colleagues. At the last car show, this was one of the sales priorities when buying a car.

Ms Fonck has already given the figures, in recent years the number of motorcycles has increased enormously. It may be due to the economic crisis, but it is also a fast means of transport. I would like to tell you that Mr. Dallemagne took me back on his motorcycle when we came from a working meeting because it went faster than by car. I found it incredibly nice. Sometimes one thinks about it and comes to the realization that many people are starting to invest in buying a motorcycle.

In this sense, it is extremely important for the legislator that we give a signal to the relevant branch of the industry, as the number of motorcycles in our country will continue to increase. The signal must be that they, the producers, also have environmental responsibilities.

Therefore, I am very pleased today that we can pass a bill before the European directive that requires something before January 2013.

We had to look for a solution for a long time. However, Mr Schiltz had the brilliant idea of submitting a good amendment. I am very pleased that we can approve the proposal today and that we have reached an agreement. Soon, members of the sector concerned will be obliged to disclose their CO2 emissions and consumption when selling a motorcycle. There will also be a guide to compare the motorcycles with each other.

I would like to thank everyone for the good cooperation in the committee.

Mr. Speaker, Mr. Minister, colleagues, I can of course add a different sound to this debate, because the Flemish Interest Group cannot support the bill in its current form. It has been established, among other things thanks to Mr Schiltz, as a typical Belgian compromise, which ultimately leads to nothing, for the simple reason that it is not feasible.

During the previous legislature, a few MEPs, Mr. Dallemagne and Mrs. Detiège, experienced some confusion during their trip to Taiwan. They felt that something needed to be done against global warming and excessive CO2 emissions. They wanted to do so following Taiwan’s example, inspired by the prevailing legislation applicable to the numerous motorcycles that run around it. CdH and sp.a struck each other a bit with their good intentions, resulting in the proposed bill on motorcycle advertising.

It has already been mentioned that since the Royal Decree of 5 September 2001, car advertising has been subject to strict rules relating to the necessary indication of consumption and CO2 emissions. Advertising for motorcycles does not have to comply with this. This is actually a gap in the legislation.

Furthermore, no one can be opposed to the fact that potential buyers are clearly and adequately informed.

The question remains, of course, what the effect is of having to absolutely include all that information in a picture advertisement, but that is another debate, which will probably come to be discussed later.

In any case, the information must be correct, and that is where the shoe actually knocks. Today, the consumption data and CO2 emissions for motorcycles are simply not unambiguously known. They cannot be communicated unambiguously, because there is simply no measurement unit for them, by way of speech.

There is no official test cycle for motorcycles and therefore standardised data is not available. The European Commission then took the initiative to make this mandatory through Regulation 2010/552. The subject of the Regulation is currently under discussion in the Parliament and in the Council. The entry into force would be scheduled for 1 January 2013.

During the discussion of this bill in the committee, it has been admitted that there must be an objective measurement method before it can be required that the consumption and CO2 emissions be indicated on advertising. But it is assumed that it could be done in Belgium earlier, then probably in 2013 again to change the method.

This is absurd considering our limited sales area. Why should we duplicate the work that Europe wants to take on here?

They wanted to give each other a little legislative work at all costs, as Mr. Schiltz says, before the upcoming elections, and they wanted to hunt the bill absolutely through the Chamber. Article 6 states that the law shall not enter into force until the moment the King determines that objective measurement methods are available, and no later than 1 January 2013. It is expected that a measurement method will then be developed by the European Parliament and that therefore the indication of CO2 emissions and consumption will become mandatory. But that is not yet certain. Therefore, there is no point in approving something here already that cannot be implemented. We already have enough laws in this country that are not respected and that one simply needs to abolish.

Furthermore, which is important, from 2013 standardised consumption data and data on CO2 emissions will only be available on an oral basis, and only for motorcycles that are only then placed on the market. By 2013, the standardized data will not be available for motorcycles that have already been placed on the market. For these motorcycles, it still remains wetfingerwork. What is required to be mentioned in the advertisement may differ significantly from the reality. This is often the case for the automotive listings. It actually has no meaning. The law can therefore only enter into force when the King determines that there are official European measurement methods and that they apply only to the motorcycles subject to those European test methods.

Therefore, our group has submitted an amendment to Article 6 of the bill. We rely on your common sense to support it.

I am pleased that you are present. We are going to vote today on an important measure, all the more important as it comes here, in Parliament. I am really surprised that we have to go so in detail in the legislative act. The fact is that the executive’s requirements in terms of consumer information are not sufficient. In the case of motor vehicles, you have not properly implemented the EU directive and Belgium is charged. As for the motorcycles, you did nothing at all! We see this fact coming to parliament bills that talk about things that, normally, should be implemented by the government.

It is Ecolo-Groen. He has joined the deposition of the bill we are going to vote today and fully endorses it. It is obviously about giving the consumer correct information, information about the environmental impact of his purchases and behavior. It is the first elementary step towards improving the environment, reducing pollution and contributing against the greenhouse effect. This information, in order to make sense, must be very accessible and very visible. In addition, it must be done before the purchase and not only at the time of the purchase. Therefore, it is necessary to impose the display of CO2 emissions on motorcycles as well as the display of emissions of certain pollutants. I have also proposed, by submitting an amendment to the committee, to indicate the EURO standard respected by the vehicle.

It was, unfortunately, rejected, but I trust the executive so that this information will also be present soon.

Is the issue of motorcycles a marginal issue? I confess that I was personally surprised by reading the figures. According to ADEME, the French Ministry of the Environment, motorcycle traffic accounts for only 1% of the fuel consumption, but on the other hand, 10 to 13% of the total emissions of transport - it is quite steady - due to precisely a delay in the application of demanding standards in terms of emissions for two-wheelers. Obviously, we have tried to legislate and first impose demanding standards on cars and larger vehicles, and for too long we have forgotten about cyclomotors.

In terms of pollutants, for example, unpolluted old vehicles can cause 2 to 16 times higher emissions of carbon monoxide, 1 to 14 times higher emissions of hydrocarbons. In the case of polluted vehicles, the results are comparable to cars. We are really in unfavorable situations per passenger transported between the motorcycle and the car. I don’t know if I will follow the CDH’s proposal to impose tax incentives. First of all, let’s be able to demonstrate that buying a motorcycle is an ecological act! Bicycle is the least polluting and best for health.

At the CO2 level, motorcycles with engines greater than 125 cm3 account for two-thirds of registrations in Belgium. They emit an average of 160 g/km. This is well above the average emissions of motor vehicles at the moment.

How to progress? The best measure would be to regulate the CO2 emissions of vehicles placed on the market. Unfortunately, this approach at the European level has been very slow. It will be done gradually. This is the case for European standards on pollutants. As regards CO2, a new EU regulation is expected to come into force in 2013.

Then comes the awareness of the buyer and the role of information and advertising.

I now approach this famous method of testing. In fact, if CO2 emissions are to be displayed, valid tests must be available.

The question raised in the committee is therefore whether such test methods exist; otherwise, how to do. That is why mr. Schiltz has proposed an amendment that, unfortunately, will cause some delay in the implementation of our law.

In fact, these test methods exist. The ADEME (Agence de l’Environnement et de la Maîtrise de l’Énergie) refers to this on its website. Spain has introduced a tax related to CO2 emissions; therefore it had to establish the quantity emitted by each model of vehicle put into circulation.

The FEBIAC wanted to put pressure on us: in recent days, many parliamentarians here present have probably received a letter from them evoking the fact that a European regulation was still in discussion, that it would only come into force in 2013 and that it would be impossible before that to know the emissions of vehicles. We consider that this is a delaying manoeuvre, unfortunately frequent from the automotive lobbyists, which is also found in the area of information on vehicle emissions.

We must not give in to this kind of blackmail. Indeed, with the political will, we now have every possibility to use the tests available, in France or elsewhere, to require this information from producers, and then to develop a guide on CO2 emissions; this is also what appears in an amendment, signed jointly, indicating the need for such a guide on CO2 emissions.

I also advocate that the ecoscore, already recognised as an official indicator regarding pollutants, can also be established for motorcycles.

It seems to us legitimate that the legislator entrusts this proposal to the executive. Hopefully he will be able to quickly ensure the implementation of the law. I hope that this law will be applied before January 1, 2013 and that will be the same for cars, and this strictly.

Very briefly, Mr. President, Ladies and Gentlemen, being myself owner of a motorcycle but not having the happiness to walk with Maya Detiège, I look forward to this bill that comes to complete our legislative arsenal. I would like to assure the parliamentarians who have expressed themselves that the government will make sure to be as precise, rigorous and clear as possible in the royal decree that sets the conditions.

Mr. Speaker, I am very pleased to hear that the Government will be very cooperative on the initiation of Parliament.

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