WRITTEN QUESTION P-3309/97 by Cristiana Muscardini (NI) to the Commission (15 October 1997)

Subject: Internal market and registration of imported vehicles

With the entry into force of the single market, the abolition of checks at internal borders and barriers to trade is an essential condition for the free movement of goods. The Commission's explanatory communication on the registration procedures for EU vehicles is an important contribution in familiarizing consumers with Community law, of which the vast majority are still unaware, including the provincial offices of the national administrations which should be implementing it.

1. Is the Commission aware that the registration of vehicles imported into Italy is still governed by the rules set out in circular No 133/85 issued by the head office of the Italian civil traffic authority on 28 August 1985?

2. Has it checked whether this circular complies with its explanatory communication of 15 May 1996, issued eleven years later?

3. Is it aware that a provincial office of the civil traffic authority is refusing to register Fiat tractors imported from the UK on the sole grounds that the supplementary specifications are signed by the London dealer, who is authorized by Fiat's legal representative in the UK to sign the documentation (with the signature authenticated by the British Chamber of Commerce and the Italian Consulate in London), instead of Fiat's legal technical representative in Italy whose signature is deposited with the head office of the Ministry of Transport's civil traffic authority?

4. Is the Commission aware that to obtain the signature of Fiat's technical officer for type approval in Italy, consumers have to pay the manufacturer LIT 200 000 to LIT 300 000 per vehicle?

5. What is the Commission's view of the trade barriers created by bureaucracy of this nature which undermines freedom of movement and the economic interests of consumers which have been compromised since February because of this glaring ignorance of the content of the Commission communication?

Answer given by Mr Monti on behalf of the Commission (20 November 1997)

The Commission is making every effort to ensure that its interpretative communication on procedures for the type-approval and registration of vehicles previously registered in another Member State ((OJ C 143, 15.5.1996. )) is distributed as widely as possible. As part of this policy, it intends to publish the text on the Community's Internet site.

The Commission has also had occasion to examine circular No 133/85 following two complaints received from members of the public who encountered difficulties in registering in Italy vehicles previously registered in another Member State.

On the specific points raised in the question, the Commission shares the Honourable Member's view that the Italian authorities' refusal to accept the type-approval certificate issued by the manufacturer's agent in the vehicle's Member State of origin, for the purposes of importation and registration in Italy (in accordance with the fourth sentence of point 3.5 of the above circular), appears to be in breach of Community law, as interpreted in particular by the Court of Justice in its judgment in the 'Gofette and Gilliard' case ((Case 406/85 [1987] ECR 2525. )).

The payment of well over ECU 100 (about ITL 192 393) demanded by the manufacturer's agent in Italy in order to issue the type-approval certificate necessary for registration, which is required only in the absence of the certificate issued in the Member State of origin, appears to be in breach of point III.1.1.2.(b) of the Commission's communication.

The Commission will contact the Italian authorities as soon as possible to draw their attention to the need to amend Italian law to comply with the principles laid down in its communication, and in particular to the need to remove the obstacle pointed out by the Honourable Member.

To enable it to make representations to the Italian authorities in order to solve the particular problem which gave rise to the question, the Commission would ask the Honourable Member to inform the complainant that he may contact the Commission and send it the necessary information directly.