WRITTEN QUESTION E-0830/01

by Karla Peijs (PPE-DE) to the Commission

(20 March 2001)

Subject: Fines for road traffic offences in the European Union

Is the Commission aware that Belgium imposes different fines on non-Belgians from those it imposes on Belgian nationals for the same road traffic offences?

Is it aware that non-Belgians who receive a fine in Belgium must pay it on the spot, whereas Belgians do not have to do so?

Is it aware that a verdict was delivered at the Maaseik police court (M20002686sassenanna) that acknowledges such discrimination?

Does it know whether similar discrimination occurs in other EU Member States?

Is such discrimination based on nationality compatible with European and international law?

If not, what steps is the Commission planning to take to put an end to it?

Answer given by Mr Vitorino on behalf of the Commission

(2 May 2001)

Article 12 (formerly Article 6) of the EC Treaty prohibits any discrimination on grounds of nationality and thus precludes any administrative or criminal penalties which national authorities may impose on nationals of the Member States in a discriminatory, unjustified or non-proportional manner. In its judgment of 23 January 1997 in Case C-29/95 Pastoors v. Belgian State, the Court of Justice found that, in the absence of a convention to ensure the enforcement of court decisions in criminal matters between Member States, a Member State may require non-residents to lodge a deposit where, in the event of an offence, they opt for continuation of normal criminal proceedings against them rather than for immediate payment of a fine. However, the same judgment states that under the said Article 12 the deposit may not be higher than the amount provided for in the event of immediate payment.

On the basis of the above case-law, a difference in the treatment of residents and non-residents is objectively justified since there is a real risk that it may be impossible, or at the least considerably more difficult and costly, to enforce the imposition of a fine on a non-resident.

The Commission intends to analyse the Belgian legislation in detail in the light of the above case-law before taking a position on whether it is compatible with Community law. Following complaints, the Commission has scrutinised the legislation of some Member States where the system of penalties for road traffic offences involves different treatment of residents and non-residents. Infringement proceedings were initiated against Italy in respect of Italian legislation in this area, and the matter was referred to the Court of Justice in May 2000.

At present, there is no instrument in force at European level to ensure that criminal penalties imposed in one Member State are enforced in the other Member States. As part of cooperation under Schengen, an agreement was adopted on cooperation in proceedings for road traffic offences and the enforcement of financial penalties imposed in respect thereof(1). However, this agreement did not enter into force and has since been incorporated into the Union framework along with the rest of the Schengen acquis under the relevant protocol to the Amsterdam Treaty. Work is in progress on turning the agreement into a legal instrument on the basis of Article 34(2) of the Treaty on European Union. The purpose of such an instrument would be to simplify mutual assistance in enforcing decisions taken in respect of road traffic offences. In addition, an instrument is scheduled to be drawn up that will allow the Member State of residence to collect fines conclusively imposed in another Member State. It is to be hoped that once these instruments are in force they will constitute a complete system for enforcing fines abroad and will thus free the Member States from having to take special measures to ensure that fines are paid by non-residents.

(1) OJ L 239, 22.9.2000.