WRITTEN QUESTION No. 110/99 by Florus WIJSENBEEK Discrimination in France against road transport operators of other nationalities
Date: 1999-02-02
Institutions: European Parliament, WIJSENBEEK
Subjects: EU law - national law, France, discrimination on the basis of nationality, drivers, fine, offence, police checks, road transport

29.11.1999

EN

Official Journal of the European Communities

C 341/53

(1999/C 341/074)

WRITTEN QUESTION E-0110/99

by Florus Wijsenbeek (ELDR) to the Commission

(2 February 1999)

Subject: Discrimination in France against road transport operators of other nationalities

1.
Can the Commission state when the investigation, announced in answer to Written Questions E-2607/
97 and E-2930/97 on 17 October 1997 (1), into discriminatory provisions in national legislation in respect of
checks on foreign transport operators will be complete, and when the outcome will be made known?

Is the Commission aware that in France when checks are carried out on drivers sums of FRF 20 000 to

2.
FRF 24 000 have to be paid on the spot and, if drivers refuse, the vehicles are towed away?

3.
Does the Commission agree that Article 26 of the French Highway Code, on the basis of which these
amounts are levied, is exactly the same as the Belgian legal provision which the Court of Justice regards as
discriminatory? Quite apart from the investigation, would it not be advisable to suggest to France that it
modify its rules?

(1) OJ C 117, 16.4.1998, p. 28.

Answer given by Mr Kinnock on behalf of the Commission

(25 March 1999)

The Commission is preparing a report to the Council on the effectiveness and uniformity of checks
1.
organised by the Member States to implement Council Directive 88/599/EEC of 23 November 1988 on
standard checking procedures for the implementation of Regulation (EEC) 3820/85 on the harmonisation of
certain social legislation relating to road transport and Regulation (EEC) 3821/85 on recording equipment in
road transport (1). Part of this report will consider the penalties involved. There is still a number of outstanding
contributions to be received from Member States to allow the Commission to undertake this exercise and a
further reminder has been issued. In the interim the Commission is examining returns in preparation for the
1995-1996 report on the implementation of Regulation (EEC) 3820/85 (2) in relation to evidence of possible
discriminatory practices.

2.
The Commission understands that under French law in cases of serious infringements, such as
falsification of documents and major tachograph offences, fines of up to FRF 200 000 may be imposed,
with non-payment resulting in immobilisation of the vehicle. Since the fines relate to very serious offences,
they would correspond to the Community policy that penalties should be effective, proportionate, and
dissuasive.

3.
Article 26 of the French law no 95-96 of February 1995 is completely different to the Belgian provision
in the Royal Decree of 12 July 1989 on the levying and lodging by way of deposit of a sum of money upon
detection of certain road transport offences, mentioned by the Honourable Member. The French provision
relates to the obligation on drivers to carry with them a ‘document de suivi’, an obligation which the French are
currently not applying to international transport.

(1) OJ L 325, 29.11.1988.
(2) OJ L 370, 31.12.1985.

(1999/C 341/075)

WRITTEN QUESTION E-0114/99

by Gerhard Schmid (PSE) to the Commission

(2 February 1999)

Subject: Figures for in-patient hospital beds needed for children

In all EU Member States there are formulae to calculate the need for hospital beds, but in Germany there are no
figures indicating the need for in-patient beds for children.