WRITTEN QUESTION E-2185/99

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(29 November 1999)

Subject: Ban on tourist coaches by Rome municipal authorities

The City of Rome authorities intend to introduce a provision towards the end of 1999 under which the entire inner city will be completely closed to tourist coaches. Inside an extensive second zone extending out to the city's ring motorway, coaches will be permitted only to drive, subject to authorisation and by pre-arranged routes, to designated parking places. From there, tourists are to be ferried to the inner city in urban shuttle buses. It will be made compulsory for coach companies to employ the services of high-cost Rome city pilots, and to use technical orientation and communications systems. City sightseeing tours will henceforth only be available in Rome city buses.

The following questions are asked:

1. How does the Commission view the compatibility of this provision by the Roman municipal authorities with the principle of freedom to provide services and freedom of movement?

2. What action will the Commission take to guarantee, where necessary, freedom to provide services and freedom of movement in Rome after autumn 1999?

Answer given by Mrs de Palacio on behalf of the Commission

(18 January 2000)

The Commission was already aware of the problem reported by the Honourable Member. To understand the problem more clearly, a letter was addressed to the Italian authorities on 21 October 1999. Those authorities replied to the Commission on 2 December 1999, giving a full explanation of the plan to close the centre of Rome during the year 2000.

With regard to Community rules on access to the market for the carriage of passengers by coach and bus, Article 12 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus(1) stipulates that carriers may carry out local excursions within the framework of an international occasional service. The question then is whether the plan to close the centre of Rome significantly restricts the possibility of carrying out local excursions within the meaning of Article 12 of Regulation (EEC) No 684/92, given that all local excursions are not thereby banned on Italian territory. In other words, we need to gauge the proportionality of the Roman authorities' move to regulate and organise city centre traffic in relation to the freedom to provide services established by the Community Regulation on the carriage of passengers by coach and, more generally, the principle of freedom to provide services established by Article 49 of the EC Treaty (former Article 59). Community rules cannot deprive local authorities of their power to manage and organise, provided they establish their rules in a non-discriminatory manner.

Regarding the use of Roman pilots, we again need to check whether or not the Roman authorities' plan discriminates on grounds of nationality when it comes to recruitment. If it does not, the measure would not run counter to Community law.

The Commission is therefore looking at the dossier in full and will not fail, if necessary, to examine it within the framework of the infringement procedure laid down in Article 226 (former Article 169) of the EC Treaty.

(1) OJ L 74, 20.3.1992.