WRITTEN QUESTION E-2208/02

by Christoph Konrad (PPE-DE) to the Commission

(22 July 2002)

Subject: Anti-competitive methods used when the weight of non-Austrian coaches is being checked in Austria

1. From the point of view of competition, what is the Commission's opinion of the fact that non-Austrian double-axle coaches are regularly pulled over in Austria for a weight check?

2. Should excess weight be determined, the Austrian police direct the coach companies involved to a specific subcontractor which (alone) has an office actually on the site of the authorities' weigh station. What is the Commission's reaction to such anti-competitive reference to a specific undertaking, especially in situations where the foreign coach companies have no realistic alternative (e.g. at night)?

3. What is the Commission's view of the fact that the service provider referred to will supply the penalised coach companies with extra coaches in order to reduce the rate only at rates which are well above market rates? Is the Commission aware that, in addition, the service provider referred to does not provide the service agreed? In one instance reported to me, the subcontractor made the German travellers who had changed to one of his coaches alight therefrom before they had reached the Europe Bridge, thereby saving himself the cost of additional mileage and the Brenner motorway toll, although those amounts had been included in the price charged (EUR 650 + EUR 130 VAT).

4. What is the Commission's view of such distortion of competition? Has the Commission received other complaints of this nature, for example from the Netherlands?

5. Has a specific decision already been taken on this issue or consideration given to other ways in which such anti-competitive conduct may be punished?

Answer given by Mrs de Palacio on behalf of the Commission

(16 September 2002)

In carrying out such checks on both heavy goods vehicles and coaches, Austria is applying Community provisions on road transport between Member States, including Directive 96/53/EC on the weights, dimensions and certain technical features of heavy goods vehicles(1), Directive 96/96/EC on roadworthiness tests for motor vehicles and their trailers(2), and Regulations (EEC) No 3820/85(3) and No 3821/85(4) on the harmonisation of certain social legislation relating to road transport and on recording equipment.

Nonetheless, the Community rules (i.e. Regulations (EEC) No 4060/89(5) and No 3912/92(6) on the elimination of controls performed at the Community's internal frontiers, and the Act of Accession of Austria) stipulate that such checks are to be carried out on a random basis and may not result in normal traffic being held up unduly. In addition, they must be performed as part of the ordinary checks performed in a non-discriminatory manner throughout a Member State's territory.

The Commission is aware of the practices reported by the Honourable Member whereby the drivers of lorries or coaches found to exceed the authorised weight are required to use the services of local companies which provide them with additional vehicles.

Following the usual procedure, the Commission has contacted the Austrian authorities to express its concern at this situation, which it will examine in the light of the Austrian Government's reply.

(1) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic, OJ L 235, 17.9.1996.

(2) Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers, OJ L 46, 17.2.1997.

(3) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport, OJ L 370, 31.12.1985.

(4) Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport, OJ L 370, 31.12.1985.

(5) Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport, OJ L 390, 30.12.1989.

(6) Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country, OJ L 395, 31.12.1992.