WRITTEN QUESTION E-0158/02 by Charles Tannock (PPE-DE) to the Commission. The problems faced by a British national in registering a scooter in Italy.
Date: 2002-02-04
Institutions: European Parliament, Provisional data
Subjects: EU national, Italy, United Kingdom, free movement of persons, motor vehicle insurance, residence, two-wheeled vehicle, vehicle registration

C 160 E/190

Official Journal of the European Communities

EN

4.7.2002

(2002/C 160 E/236)

WRITTEN QUESTION E-0150/02

by Jan Andersson (PSE) and Hans Karlsson (PSE) to the Commission

Subject: Difference in cost of closures

(1 February 2002)

The recent events concerning Gislaved in Sweden have shown that when multinationals decide to close an
individual unit in any Member State, one of their motives may be that it costs more to do so in some
Member States than in others. The fact that certain Member States require for example retraining of the
workforce or impose sanctions distorts competition to the detriment of countries which do not.

What is the Commission’s view of this problem?

Will the Commission be submitting proposals to harmonise rules in this area?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 March 2002)

Several Community Directives lay down procedures for informing and consulting workers’ representatives
and may be applicable to company closures: Council Directive 98/59/CE of 20 July 1998 on the
approximation of the laws of the Member States relating to collective redundancies (1) and Council
Directive 94/45/CE of 22 September 1994 on the establishment of a European Works Council or a
procedure in Community-scale undertakings and Community-scale groups of undertakings for the
purposes of informing and consulting employees (2). Another Directive on employee consultation and
information in the European Community, currently being adopted by the European Parliament and the
European Council, will complete the Community’s provisions on this matter.

On the other hand, the material requirements that companies need to observe when they close down
production units are not covered by any Community instrument.

Nevertheless, on 15 January 2002, the Commission decided to initiate a Community-wide consultation
process with the social partners on the possibility of establishing a set of principles that companies must
follow when restructuring. Among the subjects referred to in the consultation document are the measures
required to increase the adaptability and employability of workers, including vocational retraining. The first
phase of the consultation process will conclude at the beginning of March 2002, and the Commission will
carefully examine the social partners’ replies before deciding on a course of action.

(1) OJ L 225, 12.8.1998.
(2) OJ L 254, 30.9.1994.

(2002/C 160 E/237)

WRITTEN QUESTION E-0158/02

by Charles Tannock (PPE-DE) to the Commission

(4 February 2002)

Subject: The problems faced by a British national in registering a scooter in Italy

One of my constituents who is currently living in Italy would like to buy a scooter in that country but has
been told that he cannot register it there because he is not permanently resident, although he has a ten
year residency permit in the form of a ‘permesso di soggiorno’. He has been told by the Driver and Vehicle
Licensing Agency (DVLA) in the U.K. that he is not allowed to register it in the U.K. unless he first takes it
into the country, which would involve rather a long ride!

4.7.2002

EN

Official Journal of the European Communities

C 160 E/191

He expects to remain in Italy for another nine months and has with difficulty managed to persuade his
U.K. insurers to grant him temporary extensions on his car insurance. He is understandably frustrated since
he thought that one of the objectives of the European Union was to facilitate the movement of EU citizens
from one Member State to another.

Can the Commission confirm that both the British and Italian motor vehicle licensing authorities are acting
consistently with their respective countries’ treaty obligations in this area, and, if they are, whether the
Commission has any proposals to remedy the situation?

Answer given by Mr Bolkestein on behalf of the Commission

(20 March 2002)

In principle, a vehicle has to be registered in the Member State where the owner has his (or her) ‘normal
residence’. According to Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the
Community for certain means of transport temporarily imported into one Member State from another (1),
‘normal residence means the place where a person usually lives, that is for at least 185 days in each
calendar year, because of personal and occupational ties, or, in the case of a person with no occupational
ties, because of personal ties which show close links between that person and the place where he (or she)
is living’.

Individuals can give evidence of their place of residence by presenting their identity card or any other valid
document. Where the authorities of the Member State of destination have doubts regarding such evidence,
or for the purpose of certain specific controls, they may request whatever additional
information or
evidence they require, either from the individual or from the authorities of the other Member State.

As for your constituent’s car registered in the United Kingdom, he is allowed to drive with the original
plate for one year starting from the moment he moved to Italy (the date can be deduced from the
‘residence permit’). Afterwards, he is supposed to register the car in Italy, unless de facto he maintains the
normal residence in the United Kindgom.

Exceptionally, European citizens may be allowed by national authorities to ask and obtain the plate for
their vehicles in a country where they do not normally live, if the demander proves that he (or she) has a
close and permanent link with the territory. For instance, families, a holiday home or a permanent job, are
usually accepted as a close link with the territory. This is indeed what is stated in the circular letter
adopted by the Italian Ministry of Transport on 23 December 1999 and addressed to all competent
national authorities with a view to grant such an opportunity to all Union citizens,
in line with the
principles of the free movement of goods, of people, and of non-discrimination.

If the British constituent refered to by the Honourable Member fulfils the above requirements, he will be
able to invoke that Ministerial circular letter in order to register his scooter and his car, if he wishes so. In
that case, he should only fill a form E usually available in all competent offices E, provide a copy of his
passport, declare which kind of close link he has with Italy and give an Italian address where he can be
reached. Concerning the rest of the procedure, the ordinary rules followed by resident people will apply.

As for insurance related difficulties, without knowing the specific case and all the factual elements, the
Commission cannot provide any detailed advice. However,
in principle, the British insurance for civil
liability can be maintained as long as the vehicle has a British plate and should cover the vehicle all over
the Union.

(1) OJ L 105, 23.4.1983.