WRITTEN QUESTION E-2248/99

by Karl von Wogau (PPE-DE) to the Commission

(1 December 1999)

Subject: Licensing of private ambulance services

In a judgment of 24 September 1998, the European Court of Justice decided that the transport of sick and injured persons was a service in respect of which invitations to tender must be issued. As a result, all Länder laws on rescue services should be amended. However, such amendments have not yet been made. In the meantime, the Higher Administrative Court of Lower Saxony (ref: 12 L 4158/97) has decided that ambulances used for the professional transport of sick or injured persons outside the scope of the public rescue service are not rescue service vehicles within the meaning of § 52(3)(4) of the Road Traffic Licensing Regulations (StVZO) and are therefore not permitted to operate on the public highway if equipped with warning lights emitting flashing blue light (rotating lights). Voluntary organisations, who are the private operators' traditional competitors, hold every licence issued in all German Länder in respect of emergency rescue services and so can keep the blue light on their ambulances, whilst private firms, who are in any case unable to operate emergency rescue services owing to the administrative monopoly in that area, cannot keep their blue lights. This has resulted in a substantial drop in the number of contracts awarded to private operators, because their vehicles cannot be equipped with blue lights for use in emergencies.

Is the Commission aware that in Germany private firms are being refused licences to transport sick and injured persons (not to mention to provide emergency services) on the grounds that the demand for ambulances is already met and the issuing of further licences would push up costs?

Does it take the view that this practice results in preferential treatment for old-established operators and prevents competition?

Answer given by Mr Bolkestein on behalf of the Commission

(27 January 2000)

In answering the question put by the Honourable Member, it should first of all be stated that, with reference to the European Court of Justice judgment on 24 September 1998 in case C-76/97 (Tögel/Niederösterreichische Gebietskrankenkasse), ambulance and rescue services come within Annex I A, Category No 25, to Directive 92/50EEC(1) relating to the award of public service contracts where the value of the transport service is greater than the value of the rescue and medical treatment carried out during transport. In such cases, EU-wide invitations to tender must be issued for ambulance services when the threshold set by the Directive has been reached. The contract must then be awarded to the lowest priced or economically most advantageous bid. There are no other award criteria.

The Commission has recently received several complaints from private passenger transport companies on this matter. The complaints relate to the situation in a number of Länder. According to reports, in some Länder ambulance and rescue services which should be made public are not being put out to tender. The Commission has looked into this matter and is currently examining procurement procedures in the Länder concerned. It is also investigating whether the laws on rescue services in these Länder comply with the provisions of Directive 92/50/EEC. Once these investigations have been completed, the Commission will decide which, if any, of the measures available to it under Article 226 (ex Article 169) of the EC Treaty it will apply in order to counter any infringements of the EC Treaty which may arise in the award of contracts for ambulance and rescue services.

(1) OJ L 209, 24.7.1992.