WRITTEN QUESTION E-2930/97 by Florus Wijsenbeek (ELDR) to the Commission (17 September 1997)

Subject: Presumed corruption of Belgian gendarmerie

Is the Commission aware that the number of complaints about the actions of the Belgian authorities in carrying out checks on road traffic is increasing exponentially ((See my Written Question E-2607/97. )).

Is the Commission also aware that when foreign drivers in particular are stopped for trivial infringements, fines are imposed that bear no relation to the infringement recorded, and are imposed in ways that amount to discrimination against foreign drivers? Cases that have come to our attention include the treatment meted out on 28 June 1997 to the Kruiningen-based Meijer undertaking, which, because the fine imposed could not be paid in Belgian currency, was, despite offering to pay in Netherlands currency, banned from continuing its journey and had its vehicle towed away, it being seriously damaged in the process; and the treatment of the Hagestein-based Leeuw undertaking, also in Belgium, in May 1997.

Is the Commission aware that percentages are paid by tow-away services in Belgium and France to the services imposing the fines, including the Belgian gendarmerie?

Does the Commission consider such practices to be compatible with the principle of non-discrimination and freedom to provide services as laid down in Article 75 of Directive 88/599 ((OJ L 325, 29.11.1988, p. 55. ))?

Is the Commission prepared to contact the national authorities with a view to calling a halt to inadmissible practices of this kind ((See my question (H-0082/96) for Question Time at the April 1996 part-session - EP Report of Proceedings 4-480. ))?

Is so how? If not, why not?

Joint answer to Written Questions E-2607/97 and E-2930/97 given by Mr Kinnock on behalf of the Commission (17 October 1997)

The Commission receives complaints from time to time concerning the manner in which checks are carried out by the authorities of various Member States. There has been no exponential increase in complaints relating to the Belgian authorities. However, the Commission is aware of the current anomaly within Belgian law under which non-resident transport operators in Belgium who do not choose the specified on-the-spot fine but instead opt for their case to be pursued through the courts are obliged to pay a higher amount for each offence. The Commission has asked for formal confirmation from the Belgian authorities that they have the necessary legislative amendments in hand to rectify this situation in the near future.

In a different but related exercise, the Commission will ask all Member States for details of the penalty systems which they currently operate and is examining whether enforcement activity in some Member States is biased against non-nationals. This examination will take into account the ruling by the Court of Justice (Case C-29/95, E. Pastoors). Should the outcome of the exercise provide grounds for concern, the Commission will open discussions with the relevant Member States to address the problem.

The Commission has no evidence of particular arrangements within Belgium or France between the gendarmerie and tow-away firms which might give rise to any possible conflicts of interest. An investigation into a specific allegation was carried out and the Belgian authorities subsequently assured the Commission that no irregular arrangements exist between the gendarmerie and the tow-away firm and that instructions had been issued to ensure regular checks are carried out on enforcement practice.