WRITTEN QUESTION E-2607/97 by Florus Wijsenbeek (ELDR) to the Commission (1 September 1997)

Subject: Complaints about the Belgian system for imposing fines on road transport operators

Is the Commission aware that the system for imposing fines on foreign drivers in Belgium is particularly discriminating in that, unlike Belgian drivers, they are required to pay fines on the spot?

This system is to be retained until national legislation has been brought into line with European legislation, even although the European Court of Justice has ruled, in case C-29/95 - E. Pastoors and Trans-Cap GmbH vs the Belgian State - of 23 January 1997, that this practice is completely contrary to European rules.

Netherlands road transport organizations recently brought a complaint before the European Commission against the Belgian government calling for the Belgian system for imposing fines on foreign drivers to be abolished with immediate effect.

Is the Commission further aware of arrangements applicable to fines imposed on foreign drivers in other Member States and whether these too might frequently be open to interpretation as discriminatory? Would the Commission be prepared to take stock of systems for imposing fines or other discriminatory arrangements in other countries, and to test them against the above judgment?

Will the Commission deal speedily with the complaint by the Dutch road transport undertakings and will it ensure the immediate introduction of an appropriate and equitable system of fines in Belgium, and possibly in other Member States where such practices are current, regardless of declarations of intent to bring national legislation into line with European law by an as yet unspecified date?

If so, how? If not, why not?

Joint answer to Written Questions E-2607/97 and E-2930/97 given by Mr Kinnock on behalf of the Commission (17 October 1997)

The Commission receives complaints from time to time concerning the manner in which checks are carried out by the authorities of various Member States. There has been no exponential increase in complaints relating to the Belgian authorities. However, the Commission is aware of the current anomaly within Belgian law under which non-resident transport operators in Belgium who do not choose the specified on-the-spot fine but instead opt for their case to be pursued through the courts are obliged to pay a higher amount for each offence. The Commission has asked for formal confirmation from the Belgian authorities that they have the necessary legislative amendments in hand to rectify this situation in the near future.

In a different but related exercise, the Commission will ask all Member States for details of the penalty systems which they currently operate and is examining whether enforcement activity in some Member States is biased against non-nationals. This examination will take into account the ruling by the Court of Justice (Case C-29/95, E. Pastoors). Should the outcome of the exercise provide grounds for concern, the Commission will open discussions with the relevant Member States to address the problem.

The Commission has no evidence of particular arrangements within Belgium or France between the gendarmerie and tow-away firms which might give rise to any possible conflicts of interest. An investigation into a specific allegation was carried out and the Belgian authorities subsequently assured the Commission that no irregular arrangements exist between the gendarmerie and the tow-away firm and that instructions had been issued to ensure regular checks are carried out on enforcement practice.