WRITTEN QUESTION E-0158/02

by Charles Tannock (PPE-DE) to the Commission

(4 February 2002)

Subject: The problems faced by a British national in registering a scooter in Italy

One of my constituents who is currently living in Italy would like to buy a scooter in that country but has been told that he cannot register it there because he is not permanently resident, although he has a ten year residency permit in the form of a permesso di soggiorno. He has been told by the Driver and Vehicle Licensing Agency (DVLA) in the U.K. that he is not allowed to register it in the U.K. unless he first takes it into the country, which would involve rather a long ride!

He expects to remain in Italy for another nine months and has with difficulty managed to persuade his U.K. insurers to grant him temporary extensions on his car insurance. He is understandably frustrated since he thought that one of the objectives of the European Union was to facilitate the movement of EU citizens from one Member State to another.

Can the Commission confirm that both the British and Italian motor vehicle licensing authorities are acting consistently with their respective countries' treaty obligations in this area, and, if they are, whether the Commission has any proposals to remedy the situation?

Answer given by Mr Bolkestein on behalf of the Commission

(20 March 2002)

In principle, a vehicle has to be registered in the Member State where the owner has his (or her) normal residence. According to Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another(1), normal residence means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he (or she) is living.

Individuals can give evidence of their place of residence by presenting their identity card or any other valid document. Where the authorities of the Member State of destination have doubts regarding such evidence, or for the purpose of certain specific controls, they may request whatever additional information or evidence they require, either from the individual or from the authorities of the other Member State.

As for your constituent's car registered in the United Kingdom, he is allowed to drive with the original plate for one year starting from the moment he moved to Italy (the date can be deduced from the residence permit). Afterwards, he is supposed to register the car in Italy, unless de facto he maintains the normal residence in the United Kindgom.

Exceptionally, European citizens may be allowed by national authorities to ask and obtain the plate for their vehicles in a country where they do not normally live, if the demander proves that he (or she) has a close and permanent link with the territory. For instance, families, a holiday home or a permanent job, are usually accepted as a close link with the territory. This is indeed what is stated in the circular letter adopted by the Italian Ministry of Transport on 23 December 1999 and addressed to all competent national authorities with a view to grant such an opportunity to all Union citizens, in line with the principles of the free movement of goods, of people, and of non-discrimination.

If the British constituent refered to by the Honourable Member fulfils the above requirements, he will be able to invoke that Ministerial circular letter in order to register his scooter and his car, if he wishes so. In that case, he should only fill a form usually available in all competent offices , provide a copy of his passport, declare which kind of close link he has with Italy and give an Italian address where he can be reached. Concerning the rest of the procedure, the ordinary rules followed by resident people will apply.

As for insurance related difficulties, without knowing the specific case and all the factual elements, the Commission cannot provide any detailed advice. However, in principle, the British insurance for civil liability can be maintained as long as the vehicle has a British plate and should cover the vehicle all over the Union.

(1) OJ L 105, 23.4.1983.