WRITTEN QUESTION E-0391/97 by Bernd Lange (PSE) to the Commission (13 February 1997)

Subject: Export of private vehicles to Portugal

A group of Germans have encountered considerable difficulties in exporting and re-registering their private car in the course of moving from Germany to Portugal. The import application in Portugal was made as long as three years ago, the vehicle has been inspected by the proper Portuguese body, the customs certificate has been issued, and its period of validity extended several times, but the Portuguese registration number has still not been allocated.

Meanwhile, the German licensing authority concerned has ruled that the car may not be used, since the proof furnished to establish that it was insured - initially by a Portuguese motor insurance company and later by a British company - does not conform to the model laid down in Section 29a of the German Road Transport Licensing Order. An appeal has been rejected; the owners have incurred substantial costs.

1. Is it necessary to tolerate such a lengthy delay before number plates can be obtained?

2. What steps does the Commission recommend to speed up the procedure?

3. Is it admissible under Community law for the German licensing authority to reject proof of insurance issued by companies domiciled in other Member States?

Answer given by Mr Monti on behalf of the Commission (8 April 1997)

Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another ((OJ L 105, 23.4.1983. )), sets the tax principles concerning the obligation to register a car in a Member State. The Commission interpretative communication on procedures for the type-approval and registration of vehicles previously registered in another Member State ((OJ C 143, 15.5.1996. )) covers the procedural principles governing this matter.

The Commission would need more information from the citizens who have contacted the Honourable Member, in order to ascertain the nature of the cause for the delay in the registration procedure (copy of the German registration certificate 'Fahrzeugbrief', the application for registration in Portugal, the Portuguese registration document, customs documents and any correspondence exchanged between the citizens and the Portuguese authorities). These citizens may also send directly a letter of complaint to the Commission.

However, it is possible to say that if the three year delay in the registration procedure was exclusively the fault of the national administration, and was not due to the wish of the applicants for registration to delay the payment of the registration tax, then this delay could be considered as a measure having an effect equivalent to quantitative restrictions prohibited by Article 30 of the EC Treaty.

As soon as the Commission receives the necessary information, these allegations will be investigated by contacting the Portuguese authorities.

Regarding insurance certificates delivered by other Member States and covering vehicles registered in Germany, it has to be pointed out that those vehicles are considered as German risks since they have been - and still remain - registered in Germany. In fact, under Community insurance law the Member State of the registration of a vehicle also determines the localisation of the risk.

In this context, vehicles registered in Germany should be covered by a third party liability insurance contract concluded with an insurer having acquired an authorisation to exercise its activity awarded by the control authorities of its Member State of origin - in the present case in Germany - and having become a member of the local guarantee fund and the local motor insurer's bureau.

The insurer does not have to be established in the Member State where the vehicle is registered. On the contrary, the insured can choose any insurer which has obtained an authorisation to exercise his activity in any of the Member States, if that insurer agrees to insure that vehicle on a provision of services basis.

In any event, the Member State of the registration of the vehicle has to take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in its territory is covered by third party liability insurance (Article 3 of the second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles ((OJ L 8, 11.1.1984. )) (second motor insurance directive).

In the present case, the German control authorities have the right to reject any insurance certificates, issued by companies domiciled in other Member States and covering vehicles registered in Germany (i.e. German risks) if the insurers have not met all necessary legal conditions in order to obtain a valid authorisation to exercise the activity under German law. On the other hand, if those companies have met all necessary conditions under German law, then the refusal by the German authorities of insurance certificates issued by those companies could be considered as a measure contrary to Article 59 of the EC Treaty (free provision of services).

The Commission would need more information from the citizens who have contacted the Honourable Member regarding this last subject.