WRITTEN QUESTION No. 2501/96 by Jan WIEBENGA to the Commission. Additional costs incurred by Dutch cash transport businesses due to an amendment to Belgian legislation
Date: 1996-09-23
Institutions: European Parliament, WIEBENGA
Subjects: Belgium, Netherlands, capital transfer, freedom to provide services, frontier region, infringement of EU law, intra-EU transport, personal weapon, right of establishment













EUR-Lex - 91996E2501 - EN






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91996E2501

WRITTEN QUESTION No. 2501/96 by Jan WIEBENGA to the Commission. Additional costs incurred by Dutch cash transport businesses due to an amendment to Belgian legislation  


Official Journal C 096 , 24/03/1997 P. 0010 





WRITTEN QUESTION P-2501/96 by Jan Wiebenga (ELDR) to the Commission (23 September 1996)Subject: Additional costs incurred by Dutch cash transport businesses due to an amendment to Belgian legislationDue to an amendment to Belgian legislation, security guards collecting and delivering cash are required to carry a firearm in Belgium. In the Netherlands, on the other hand, legislation prohibits them from doing so. In cross-border transport operations, the problem now arises that Belgian-based security guards, carrying firearms, are not permitted to operate in the Netherlands, while unarmed Dutch-based security guards are not permitted to operate in Belgium. When they reach the border, Dutch security guards must be replaced by Belgian ones and vice versa. This has considerably increased the operating costs of many cash collection and delivery companies.Is the Commission aware of this situation?Does this constitute an obstacle to freedom to perform services?If so, what measures will the Commission take to remedy this situation without delay?Answer given by Mr Monti on behalf of the Commission (5 November 1996)The Commission would first thank the Honourable Member for giving it the opportunity to stress the seriousness of the many complex barriers to the freedom to provide services which exist in the field of cash transport.Through its regular contacts with the industry, the Commission is already aware of the obstacle referred to by the Honourable Member and resulting from the fact that the carrying of firearms by security guards is mandatory in Belgium and prohibited in the Netherlands. It has also been informed of a number of other obstacles introduced by the laws of several Member States governing various aspects of cash transport. For example, rules which limit freedom to provide services exist with regard to the approval of firms, the approval and training of staff, the use of badges, uniforms and documents, professional cards, the approval of vehicles and the conditions governing cash-transport operations.The Commission is convinced that the existence of these different and contradictory rules, which are extremely detailed and complex, prevents services, and more particularly cross-border cash-transport services, from being provided freely. At present, a firm wishing to take advantage of the single market is faced with major obstacles when it comes to cross-border transport and is thus severely deterred from operating legally.Consequently, the Commission has been actively examining the cash-transport sector and analysing all the obstacles which have been introduced by national rules governing this activity. It will be all the more necessary for cash to be transported efficiently across borders once the euro has been introduced since this will give rise to a sharp increase in transport within the Community.On a different level, the Commission has already initiated infringement proceedings against three Member States which impose discriminatory conditions on Community nationals wishing to take advantage of their freedom of establishment and freedom to provide services in this sector.