WRITTEN QUESTION E-3252/02

by Mogens Camre (UEN) to the Commission

(19 November 2002)

Subject: Regular international bus services under EU rules: Council Regulation (EEC) No 684/92 of 16 March 1992 as amended by Regulation (EC) No 11/98

After receiving authorisation from the Danish authorities for a regular bus service in accordance with Regulation (EEC) No 684/92(1) of 16 March 1992 as amended by Regulation (EC) No 11/98(2), a Danish bus company has independently started up a regular bus service at its own expense on a route between the centre of Copenhagen (Denmark) and the airport at Malmö/Sturup (Sweden).

Malmö/Sturup airport caters for a number of charter and low-cost airlines including Ryanair as well as Swedish domestic flights. The charges at Sturup airport are much lower than at Copenhagen airport (Kastrup) and an increasing number of Danish air travellers are therefore opting for Sturup airport as their point of departure. These Danish passengers are using the newly established bus route (No 737) from the centre of Copenhagen to the airport in Sweden.

An essential operational requirement for a regular bus service is the provision of permanent bus stops with signs and timetable information to enable passengers to locate the point from which the bus leaves. However, the local authority has refused to allow the airport bus to Sweden a central and reasonably attractive bus stop in Copenhagen. It gives traffic considerations as its reason for not allowing this bus to pick up and drop off passengers and luggage in a suitable central location. The local authority has relegated the bus service to a location outside the city where no passengers can benefit from this service to the airport in Sweden.

The matter has already been raised with the Competition Agency in Denmark which has stated that competition in air transport is desirable but that, at the same time, the question of establishing a bus stop for the airport bus service to Sweden is the responsibility of Copenhagen city council. In all probability, Copenhagen city council's refusal to allocate a bus stop is conditioned by a desire to ensure Copenhagen airport as much traffic as possible without regard to the costs to passengers.

Is the Commission in a position to give a ruling on Copenhagen city council's right to prevent normal competition between the two airports by hampering access to a swift and efficient bus link between Copenhagen and Malmö/Sturup?

(1) OJ L 74, 20.3.1992, p. 1.

(2) OJ L 4, 8.1.1998, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(7 January 2003)

Council Regulation (EEC) No 684/92 of 16 March 1992, as amended by Regulation (EC) No 11/98, lays down common rules designed to guarantee access to international passenger transport markets to operators in all Member States without discrimination on grounds of nationality or place of establishment. Accordingly, it implements within the passenger transport sector the fundamental principle of the freedom to provide services.

Regulation (EEC) No 684/92, as amended by Regulation (EC) No 11/98, provides that access to regular international passenger transport services is subject to authorisation by the competent authority of the Member State in whose territory the place of departure is located. In accordance with Article 5 of the Regulation, this authorisation determines in particular the route of the service and the stops and timetable.

It is therefore the competent authorities of the Member States which may be national, regional or local authorities that are responsible for examining and granting authorisation for a regular passenger service. To this end, the competent authority of each Member State has a margin

of discretion, in particular to take account of requirements regarding safety and public policy on its territory, and more specifically on its road network. Of course, this discretion cannot be based on criteria connected with nationality or place of establishment. In this connection, the reasons reportedly adduced by the Danish authorities, i.e. traffic conditions, appear to come within the powers of the Danish authorities as the public authority.

Be that as it may, it is clear that the Member States must apply the Community provisions on access to passenger transport markets in a useful, fair and proportionate manner. Without judging the decision of the Danish authorities in this regard, for which the Commission in any case has little information at its disposal, the Commission notes that the argument connected with traffic management must be clearly justified, with reasons given, in the decision of the competent authorities. Moreover, the imperatives connected with traffic management must be taken into account in an initiative that gives real content to a passenger transport operator's right to introduce a new regular service. Accordingly, the operator ought to be authorised to introduce stops to pick up or drop off passengers that are located at places enabling him to run a reasonable and viable service.

Where necessary, it is for the national courts to assess the reasonable and proportionate nature of decisions adopted by the competent authorities of Member States.