WRITTEN QUESTION E-2371/98

by Francesco Baldarelli (PSE) to the Commission

(27 July 1998)

Subject: Restructuring of the road haulage industry

The Italian Government has given due notification of a law on the restructuring of the road haulage industry (Law No 454 of 23 December 1997). However, the law in question cannot be applied in practice unless appropriate regulations are issued. The Italian Government has asked the Commission for its opinion on these provisions. The pre-litigation procedure was initiated only recently by means of an official letter from the Commission. Most of the Commission's criticisms can be overcome by making changes to the regulatory texts.

Considerable efforts are being made by all the public- and private-sector organizations and the institutions, which are in favour of reforming the sector, one characterized by serious weaknesses, poor organization and an inability to cope with the challenges of liberalization and the opening up of markets (crisis in growth and recession). These efforts, which are aimed at fundamentally restructuring the industry, can only be beneficial for the sector in Europe as a whole and will prevent dangerous forms of destructive competition and the migration of hauliers to other countries following the complete liberalization of cabotage. It should be borne in mind that these initiatives form part of a wider political project which must take account of the difficult situation with which the sector is faced, partly because it suffers from a number of specific handicaps: it is cut off from the rest of Europe by a chain of mountains and is forced to adapt to the policies of the countries that have to be crossed, including Switzerland, whose traffic rules make long detours necessary. The industrial relations climate is gradually deteriorating with the threat of disruptive action becoming increasingly real. A solution must therefore be found in order to solve the problems caused by this difficult situation.

In view of the above:

1. Does the Commission not see a need to act quickly and positively to speed up procedures and to check which provisions of the Italian law cannot be complied with immediately by means of the implementing decrees (decreti attuativi) which the Italian Government is understood to have drawn up in response to the changes requested by the Commission?

2. Is the Commission considering the possibility of speeding up the definition of other legislative measures that require more radical changes but cannot be dealt with in isolation, and must instead be seen as component parts of a more radical revision of transport policy, as has been demonstrated by the Italian Government?

Answer given by Mr Kinnock on behalf of the Commission

(1 October 1998)

On 30 January 1998, the Italian authorities forwarded to the Commission the text of Law No 454/97, concerning the restructuring and reorganisation of the road haulage sector.

As the Commission had doubts about the compatibility with the common market of the measures contained in the above-mentioned Law, it decided, after a preliminary investigation of the case, to open a formal investigation procedure under Article 93(2) of the EC Treaty (Commission Decision No C/21/98)(1). The objective of the procedure is to allow the Italian government and interested parties to present their comments on the case.

The formal proceedings will be concluded in due course by a final decision, following the assessment of Law No 454, the related ministerial decrees of enforcement, and comments received. It is not possible for the Commission to indicate with legal certainty which provisions of the Law are acceptable before the final decision is taken. However, the decision mentioned above gives a clear indication of the specific doubts of the Commission.

(1) OJ C 211, 7.7.1998.