WRITTEN QUESTION E-0413/02

by Francesco Musotto (PPE-DE) to the Commission

(21 February 2002)

Subject: Interruption of the public service provided by international bus companies

On 25 January 2002, in Esslingen in Germany, the Esslingen road police carried out checks on a coach belonging to the Simet s.p.a. company which was in service on the San Giovanni in Fiore to Hamburg line.

Following these checks, Simet was issued with a fine of EUR 525, on the grounds that it was not in possession of the requisite documentation (certified copy of polymetric authorisation No 4, timetable sheet, records of driving times and Community licence No 965) translated into German, even though the documents were in order under the legislation in force in Italy.

The Simet coach was held from 9 a.m. until 3.45 p.m., seriously inconveniencing the passengers on board, and it was ordered to return to Italy.

The Italian Ministry of Transport was asked to intervene, and informed its German counterpart that Simet was fully authorised under the law to move freely. Despite the clarifications provided by the German ministry, the police did not allow the coach to leave, but continued to request the authorisation in German. In view of this, does the Commission not consider that these events are in breach of Regulation 684/92(1) on common rules for the international carriage of passengers by coach and bus?

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

Answer given by Mrs de Palacio on behalf of the Commission

(5 April 2002)

The incident referred to by the Honourable Member relates to the international carriage of passengers by coach or bus, more specifically in the context of regular services.

Under Community legislation governing the operation of regular services, two documents must be carried on the vehicle: the licence issued under Council Regulation (EEC) No 684/92(1) on common rules for the international carriage of passengers by coach and bus, and the Community licence issued under Regulation (EC) No 11/98(3).

Regulation (EC) No 2121/98(2) stipulates that the text of the licence to operate regular services between Member States should be worded in the official language(s) or one of the official languages of the carrier's Member State of establishment.

Regulation (EC) No 11/98 likewise stipulates that the text of the Community licence should be worded in the official language(s) or one of the official languages of the Member State issuing the licence.

The case referred to by the Honourable Member involves a carrier established in Italy. Consequently, in accordance with the Community rules concerning the licence to operate a regular service for the carriage of passengers by coach and bus between Member States, on the one hand, and the Community licence, on the other, these two documents should be drawn up in Italian.

In this particular instance, insistence that the licence should be drawn up in the German language constitutes a breach of Community law.

The Commission intends to demand an explanation from the German authorities.

(1) Council Regulation (EEC) No 684/92 of 16 March 1992 (OJ L 74, 20.3.1992), as amended by Council Regulation (EC) No 11/98 of 11 December 1997 (OJ L 4, 8.1.1998).

(2) Commission Regulation (EC) No 2121/98 of 2 October 1998 laying down detailed rules for the application of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards documents for the carriage of passengers by coach and bus (OJ L 268, 3.10.1998).

(3) Council Regulation (EEC) No 684/92 of 16 March 1992 (OJ L 74, 20.3.1992), as amended by Council Regulation (EC) No 11/98 of 11 December 1997 (OJ L 4, 8.1.1998).