WRITTEN QUESTION P-2190/99 by Georg Jarzembowski (PPE-DE) to the Commission. Registration of coaches and buses in France.
Date: 1999-11-19
Institutions: European Parliament, Provisional data
Subjects: France, approval, motor vehicle, non-tariff barrier, safety device, used goods

1.8.2000

EN

Official Journal of the European Communities

C 219 E/113

The following questions are asked:

(cid:129) How does the Commission view this legislative measure by the Federal Republic of Germany in the

context of Article 17(6) of the Sixth European Value-Added-Tax Directive?

(cid:129) Is the removal of the advance tax deduction consistent with the current provisions of that Directive?

(cid:129) What action will the European Commission take to ensure that German fiscal

legislation can be

harmonised with the provisions of the Sixth Value-Added-Tax Directive?

Answer given by Mr Bolkestein on behalf of the Commission

(10 January 2000)

The Commission has been informed of the recent measures published by Germany to limit or abolish
rights to deduct VAT, particularly on accommodation and subsistence expenses incurred on business
travel, as well as certain relocation costs.

There is some doubt about whether these measures, which are currently being examined, are compatible
with Article 17(6) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the
laws of the Member States relating to turnover taxes (1).

Should our findings confirm that the measures are incompatible with Community law, the Commission
will not fail to use the powers conferred on it by the EC Treaty to put an end to the infringement.

(1) OJ L 145, 13.6.1977.

(2000/C 219 E/144)

WRITTEN QUESTION P-2190/99

by Georg Jarzembowski (PPE-DE) to the Commission

(19 November 1999)

Subject: Registration of coaches and buses in France

By Directives 96/36/EC (1) and 96/37/EC (2) the European Community laid down conditions for the
registration of coaches and buses by the Member States. Since 1 October 1999 the Member States may
permit the registration of new coaches and buses only if they have a safety belt for every seat (Directive
96/36/EC) and the seat anchorages comply with Directive 96/37/EC.

Directives 96/36/EC and 96/37/EC were transposed into French law by the (cid:145)ArrŒte ministØriel du
5.12.1996 relatif aux ceintures et systŁmes de retenue, aux ancrages des ceintures de sØcuritØ, (cid:224) la
rØsistance des siŁges et de leur ancrages et aux appuis-tŒte dans les vØhicules (cid:224) moteur, Journal Officiel
du 18.12.1996 Page 18622(cid:146).

This requires all coaches and buses registered for the first time in France from 1 October 1999 onwards to
meet the requirements laid down in the directives. This broadens the scope of the directive from new
vehicles on first registration to old or used vehicles already registered in another Member State and now to
be registered for the first time in France.

This provision governing old and used vehicles could be an infringement of the principle of the free
movement of goods and a non-tariff barrier to trade between the Member States.

C 219 E/114

Official Journal of the European Communities

EN

1.8.2000

Can the Commission answer the following questions:

1. What is the Commission(cid:146)s assessment of the French legislation regarding the registration of coaches

and buses already registered in other Member States?

2. What action will the Commission take to ensure the free movement of old and used motor vehicles to

France?

(1) OJ L 178, 17.7.1996, p. 15.
(2) OJ L 186, 25.7.1996, p. 28.

Answer given by Mr Bolkestein on behalf of the Commission

(6 December 1999)

The Honourable Member has drawn the Commission(cid:146)s attention to the conditions regarding the type-
approval and consequent registration in France of coaches and buses previously registered in another
Member State.

After contacting the French authorities, the Commission was informed that all motor vehicles (including
coaches) were subject to the provisions of an amended ministerial order of 5 December 1996 which laid
down certain rules regarding the anchorage of safety belts, the strength of seats and of their anchorages,
and the safety belts and restraint systems for such vehicles.

The initial version of this text (Article 8) required vehicles which had previously been registered in another
Member State to conform with the requirements applicable to vehicles which enter into service on the date
they are individually approved (i.e. when the request for registration is made).

The French authorities became aware of the difficulties this provision was causing and amended the text in
question. A ministerial order was adopted on 7 September 1999. The requirements applicable to vehicles
previously registered in another Member States are now those in force on the date when they first entered
into service (and not the date of the type approval).

This amendment should remove the obstacles to the free movement of goods to which the Honourable
Member referred.

(2000/C 219 E/145)

WRITTEN QUESTION P-2192/99

by Eija-Riitta Korhola (PPE-DE) to the Council

(23 November 1999)

Subject: Special working party to be proposed at the WTO negotiations to deal with the relationship

between the liberalisation of trade and non-commercial policy objectives

Many national organisations feel that they do not have any real opportunities to influence the decision-
making agenda or the formation of decisions on social issues. As the importance of national society grows,
political decision-makers must think harder about the legitimacy of their decisions. In particular the round
of World Trade Organisation (WTO) negotiations which is just beginning has given rise to concern in
national organisations, which fear that these negotiations are prepared to sideline principles which are still
more important
than free trade. There has not been enough discussion yet on how to reconcile
commercial objectives with those, for example, of the environment, health and human rights in the non-
political field.

Does the Council consider it possible, and in accordance with the interests of the EU, to make it an
objective of the EU negotiators to propose the creation at an early stage in the negotiations of a WTO
working party:

1.

2.

to deal with the relationship between trade liberalisation and non-commercial political aims and
possible instruments to achieve those aims, and

to investigate the positive environmental effects of trade and the policies needed to make these more
effective?