WRITTEN QUESTION P-2190/99

by Georg Jarzembowski (PPE-DE) to the Commission

(19 November 1999)

Subject: Registration of coaches and buses in France

By Directives 96/36/EC(1) and 96/37/EC(2) the European Community laid down conditions for the registration of coaches and buses by the Member States. Since 1 October 1999 the Member States may permit the registration of new coaches and buses only if they have a safety belt for every seat (Directive 96/36/EC) and the seat anchorages comply with Directive 96/37/EC.

Directives 96/36/EC and 96/37/EC were transposed into French law by the Arrête ministériel du 5.12.1996 relatif aux ceintures et systèmes de retenue, aux ancrages des ceintures de sécurité, à la résistance des sièges et de leur ancrages et aux appuis-tête dans les véhicules à moteur, Journal Officiel du 18.12.1996 Page 18622.

This requires all coaches and buses registered for the first time in France from 1 October 1999 onwards to meet the requirements laid down in the directives. This broadens the scope of the directive from new vehicles on first registration to old or used vehicles already registered in another Member State and now to be registered for the first time in France.

This provision governing old and used vehicles could be an infringement of the principle of the free movement of goods and a non-tariff barrier to trade between the Member States.

Can the Commission answer the following questions:

1. What is the Commission's assessment of the French legislation regarding the registration of coaches and buses already registered in other Member States?

2. What action will the Commission take to ensure the free movement of old and used motor vehicles to France?

(1) OJ L 178, 17.7.1996, p. 15.

(2) OJ L 186, 25.7.1996, p. 28.

Answer given by Mr Bolkestein on behalf of the Commission

(6 December 1999)

The Honourable Member has drawn the Commission's attention to the conditions regarding the type-approval and consequent registration in France of coaches and buses previously registered in another Member State.

After contacting the French authorities, the Commission was informed that all motor vehicles (including coaches) were subject to the provisions of an amended ministerial order of 5 December 1996 which laid down certain rules regarding the anchorage of safety belts, the strength of seats and of their anchorages, and the safety belts and restraint systems for such vehicles.

The initial version of this text (Article 8) required vehicles which had previously been registered in another Member State to conform with the requirements applicable to vehicles which enter into service on the date they are individually approved (i.e. when the request for registration is made).

The French authorities became aware of the difficulties this provision was causing and amended the text in question. A ministerial order was adopted on 7 September 1999. The requirements applicable to vehicles previously registered in another Member States are now those in force on the date when they first entered into service (and not the date of the type approval).

This amendment should remove the obstacles to the free movement of goods to which the Honourable Member referred.