WRITTEN QUESTION E-2248/99 by Karl von Wogau (PPE-DE) to the Commission. Licensing of private ambulance services.
Date: 1999-12-01
Institutions: European Parliament, Provisional data
Subjects: Germany, Lower Saxony, directive (EU), invitation to tender, restriction on competition, transport company, transport of patients

1.8.2000

EN

Official Journal of the European Communities

C 219 E/129

Answer given by Mrs Schreyer on behalf of the Commission

(19 January 2000)

The Honourable Member is informed that the cost of translation and interpretation as estimated by the
European institutions in the 1999 budget amounts to approximately € 686 million. The breakdown by
institution is as follows:

Institution

Translation

Interpretation

Parliament

Council

Commission

Court of Justice

Court of Auditors

Economic and Social Committee (ESC)

Committee of the Regions (COR)

Common organisational structure (ESC/COR)

Total

103,1

131,0

218,7

37,6

8,2

0

0

24,1

522,7

61,1

46,0

42,5

4,9

0,4

6,0

2,3

0

163,2

(in million Euro)

Total

164,2

177,0

261,2

42,5

8,6

6,0

2,3

24,1

685,9

The impact of adding one or more new languages to the existing official languages will be dealt with in a
supplementary answer once estimates are available for all the European institutions.

(2000/C 219 E/161)

WRITTEN QUESTION E-2248/99

by Karl von Wogau (PPE-DE) to the Commission

(1 December 1999)

Subject: Licensing of private ambulance services

In a judgment of 24 September 1998, the European Court of Justice decided that the transport of sick and
injured persons was a service in respect of which invitations to tender must be issued. As a result, all
L(cid:228)nder laws on rescue services should be amended. However, such amendments have not yet been made.
In the meantime, the Higher Administrative Court of Lower Saxony (ref: 12 L 4158/97) has decided that
(cid:145)ambulances used for the professional transport of sick or injured persons outside the scope of the public
rescue service are not rescue service vehicles within the meaning of § 52(3)(4) of the Road Traffic
Licensing Regulations (StVZO) and are therefore not permitted to operate on the public highway if
equipped with warning lights emitting flashing blue light (rotating lights)(cid:146). Voluntary organisations, who
are the private operators(cid:146) traditional competitors, hold every licence issued in all German L(cid:228)nder in respect
of emergency rescue services and so can keep the blue light on their ambulances, whilst private firms, who
are in any case unable to operate emergency rescue services owing to the administrative monopoly in that
area, cannot keep their blue lights. This has resulted in a substantial drop in the number of contracts
awarded to private operators, because their vehicles cannot be equipped with blue lights for use in
emergencies.

Is the Commission aware that in Germany private firms are being refused licences to transport sick and
injured persons (not to mention to provide emergency services) on the grounds that the demand for
ambulances is already met and the issuing of further licences would push up costs?

Does it take the view that this practice results in preferential treatment for old-established operators and
prevents competition?

C 219 E/130

Official Journal of the European Communities

EN

1.8.2000

Answer given by Mr Bolkestein on behalf of the Commission

(27 January 2000)

it should first of all be stated that, with
In answering the question put by the Honourable Member,
reference to the European Court of Justice judgment on 24 September 1998 in case C-76/97 (T(cid:246)gel/
Nieder(cid:246)sterreichische Gebietskrankenkasse), ambulance and rescue services come within Annex I A,
Category No 25, to Directive 92/50EEC (1) relating to the award of public service contracts where the
value of the transport service is greater than the value of the rescue and medical treatment carried out
during transport. In such cases, EU-wide invitations to tender must be issued for ambulance services when
the threshold set by the Directive has been reached. The contract must then be awarded to the lowest
priced or economically most advantageous bid. There are no other award criteria.

The Commission has recently received several complaints from private passenger transport companies on
this matter. The complaints relate to the situation in a number of L(cid:228)nder. According to reports, in some
L(cid:228)nder ambulance and rescue services which should be made public are not being put out to tender. The
Commission has looked into this matter and is currently examining procurement procedures in the L(cid:228)nder
concerned. It is also investigating whether the laws on rescue services in these L(cid:228)nder comply with the
provisions of Directive 92/50/EEC. Once these investigations have been completed, the Commission will
decide which, if any, of the measures available to it under Article 226 (ex Article 169) of the EC Treaty it
will apply in order to counter any infringements of the EC Treaty which may arise in the award of
contracts for ambulance and rescue services.

(1) OJ L 209, 24.7.1992.

(2000/C 219 E/162)

WRITTEN QUESTION E-2259/99

by Theresa Villiers (PPE-DE) to the Commission

(13 December 1999)

Subject: Tax discussions

The European Commission(cid:146)s 1998 proposal to update EU provisions on mutual assistance among tax
authorities in debt recovery (COM(98) 364) is making its way through the Council of Ministers.

Press reports have suggested that the Financial Questions Working Group in the Council
is in broad
agreement over the nature of the information that authorities should present when they seek assistance.
Reports have also mentioned a proposal from the Spanish Government to create a working party to
discuss these issues.

In the interests of transparency, will the Commission comment on these initiatives and provide Parliament
with details of the work being undertaken by the Working Group and an indication of the Commission(cid:146)s
own views on these issues?

Answer given by Mr Bolkestein on behalf of the Commission

(21 December 1999)

The Commission proposal (1) for a Parliament and Council directive amending Council Directive 76/308/
EEC on mutual assistance for the recovery of, inter alia, fiscal claims, has had its first reading in the
Parliament under the co-decision procedure. Arising from the Parliament(cid:146)s suggestions, the Commission
presented an amended proposal (2). This proposal is currently being discussed in the appropriate Council
working group, and as soon as an agreement is reached, it will be sent back to the Parliament for its
second reading. The ad hoc working party on tax fraud, which has been established on the basis of a
proposal by the Spanish government, is not responsible for discussing this proposal.