WRITTEN QUESTION E-0290/02

by Christoph Konrad (PPE-DE) to the Commission

(11 February 2002)

Subject: Systematic breach of equal treatment of foreign bus companies in France caused by the blue licence and heavy fines

1. How does the Commission view the fact that it is compulsory for German bus companies to carry a special permit known as the blue licence when travelling in France, whereas French bus companies are not required to carry a special permit when travelling either in France or Germany? What is the Commission's reaction to this breach of the principle of equal treatment?

2. Does the Commission accept the current practice whereby the French police take buses off the road if they do not have a blue licence or if their licence has expired? Furthermore, what is the Commission's view, in the light of the principle of proportionality and the prohibition of disproportionate measures, of the fact that a German bus, whose four-year licence had expired by nine days was allowed to continue its journey only after payment of 5 000 FF?

3. How does the Commission view the fact that following this payment, the bus company concerned has a court case pending, the outcome of which will probably be a fine amounting to the same sum?

Answer given by Ms de Palacio on behalf of the Commission

(25 March 2002)

The blue licence the Honourable Member is referring to is the Community licence(1) which entitles the holder to carry out international road transport operations by coach or bus for hire or reward by any route, for journeys within the territory of the Community. It is called a blue licence because the original copy of the licence has to be on a blue card. The obligation to hold a Community licence applies to all Community carriers. There is therefore no discrimination on grounds of nationality.

In accordance with Council Regulation (EC) No 11/98 of 11 December 1997, the original of the licence must be kept by the carrier. A certified true copy of the Community licence must be kept in the vehicle and must be produced at the request of any authorised inspecting officer.

EU law is infringed if the certified copy of the Community licence is not in the vehicle or if the licence has expired.

Community legislation does not specify that the certified copy of the Community licence has to be a particular colour. Consequently, the certified copy which must be kept in the vehicle does not necessarily have to be blue.

Community legislation provides that it is for the Member States to take all measures relating to means of inspection and the system of penalties applicable. In accordance with the case-law of the European Court of Justice, where a Community regulation does not lay down any specific penalty for infringement but refers to national provisions, Member States retain a discretion as to the choice of penalties(2). However, the Court of Justice goes on to say that these penalties must in any event be effective, dissuasive and proportionate(3). They must be appropriate and necessary to achieve the aim pursued, without going beyond what is essential in order to attain it(4), although the Court of Justice recognised that Member States may demand that non-resident carriers lay down a deposit by way of security, they may only resort to this measure if it is proportionate. Furthermore, Member States must apply the penalties without discrimination on grounds of nationality or the place of establishment of the carrier. Any question relating to the amount of a specific penalty, as in the case referred to by the Honourable Member, is a matter for national courts, which give their decisions in the light of this case-law and the concrete elements of the case.

(1) Community licence aimed at facilitating the inspection of transport operations and applicable to the international carriage of passengers by road for hire or reward, introduced by Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus, OJ L 74, 20.3.1992, as amended by Council Regulation (EC) No 11/98 of 11 December 1998 amending Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus (OJ L 4, 8.1.1998).

(2) ECJ 23.01.1997, Pastoors, Case C-29/95 European Court Reports 1997 page I-00285.

(3) ECJ 23.01.1997, Pastoors, Case C-29/95 European Court Reports 1997 page I-00285.

(4) ECJ 23.01.1997, Pastoors, Case C-29/95 European Court Reports 1997 page I-00285.