WRITTEN QUESTION E-0290/02 by Christoph Konrad (PPE-DE) to the Commission. Systematic breach of equal treatment of foreign bus companies in France caused by the blue licence and heavy fines.
Date: 2002-02-11
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, France, bus, carriage of passengers, case-law (EU), guarantee, international road transport, offence, transport licence

6.2.2003

EN

Official Journal of the European Union

C 28 E/21

(cid:1) in this context it should be pointed out that Germany, France and the United Kingdom have, along
with the other Member States, taken part in the High-level Group (‘Mandelkern Group’) set up in
November 2000 to look into this matter. In November 2001 the Group issued an important and
high-quality report which was annexed to the conclusions of the Laeken European Council of 14 and
15 December 2001. The Member States give a number of undertakings for rationalising the legislative
process and improving the transposition and application of Community instruments.

At the same time all the Member States gave an undertaking at Lisbon to raise their transposition rates to
at least 98,5 % by the time of the Barcelona European Council in March 2002. While the scoreboard
shows that some progress has been made, the rates of non-transposition for Germany, France and the
United Kingdom in October 2001 were 2,6 %, 2,8 % and 3 % respectively.

The Honourable Member will find more information in the Commission’s report of 6 February 2002 on
implementation of the European Charter for Small Enterprises at: http://europa.eu.int/comm/enterprise/
enterprise_policy/charter/charter2002.htm.

(2003/C 28 E/023)

WRITTEN QUESTION E-0290/02

by Christoph Konrad (PPE-DE) to the Commission

(11 February 2002)

Subject: Systematic breach of equal treatment of foreign bus companies in France caused by the ‘blue

licence’ and heavy fines

1.
How does the Commission view the fact that it is compulsory for German bus companies to carry a
special permit known as the ‘blue licence’ when travelling in France, whereas French bus companies are
not required to carry a special permit when travelling either in France or Germany? What
is the
Commission’s reaction to this breach of the principle of equal treatment?

Does the Commission accept the current practice whereby the French police take buses off the road
2.
if they do not have a ‘blue licence’ or if their licence has expired? Furthermore, what is the Commission’s
view, in the light of the principle of proportionality and the prohibition of disproportionate measures, of
the fact that a German bus, whose four-year licence had expired by nine days was allowed to continue its
journey only after payment of 5 000 FF?

How does the Commission view the fact that following this payment, the bus company concerned

3.
has a court case pending, the outcome of which will probably be a fine amounting to the same sum?

Answer given by Ms de Palacio on behalf of the Commission

(25 March 2002)

The ‘blue licence’ the Honourable Member is referring to is the Community licence (1) which entitles the
holder to carry out international road transport operations by coach or bus for hire or reward by any
route, for journeys within the territory of the Community. It is called a ‘blue’ licence because the original
copy of the licence has to be on a blue card. The obligation to hold a Community licence applies to all
Community carriers. There is therefore no discrimination on grounds of nationality.

In accordance with Council Regulation (EC) No 11/98 of 11 December 1997, the original of the licence
must be kept by the carrier. A certified true copy of the Community licence must be kept in the vehicle
and must be produced at the request of any authorised inspecting officer.

EU law is infringed if the certified copy of the Community licence is not in the vehicle or if the licence has
expired.

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Official Journal of the European Union

EN

6.2.2003

Community legislation does not specify that the certified copy of the Community licence has to be a
particular colour. Consequently, the certified copy which must be kept in the vehicle does not necessarily
have to be blue.

Community legislation provides that it is for the Member States to take all measures relating to means of
inspection and the system of penalties applicable. In accordance with the case-law of the European Court
of Justice, ‘where a Community regulation does not lay down any specific penalty for infringement but
refers to national provisions, Member States retain a discretion as to the choice of penalties (2).’ However,
the Court of Justice goes on to say that these penalties ‘must in any event be effective, dissuasive and
proportionate’ (2). They must be appropriate and necessary to achieve the aim pursued, without going
beyond what is essential in order to attain it (2), although the Court of Justice recognised that Member
States may demand that non-resident carriers lay down a deposit by way of security, they may only resort
to this measure if it is proportionate. Furthermore, Member States must apply the penalties without
discrimination on grounds of nationality or the place of establishment of the carrier. Any question relating
to the amount of a specific penalty, as in the case referred to by the Honourable Member, is a matter for
national courts, which give their decisions in the light of this case-law and the concrete elements of the
case.

(1) Community licence aimed at facilitating the inspection of transport operations and applicable to the international
carriage of passengers by road for hire or reward, introduced by Council Regulation (EEC) No 684/92 of 16 March
1992 on common rules for the international carriage of passengers by coach and bus, OJ L 74, 20.3.1992, as
amended by Council Regulation (EC) No 11/98 of 11 December 1998 amending Regulation (EEC) No 684/92 on
common rules for the international carriage of passengers by coach and bus (OJ L 4, 8.1.1998).

(2) ECJ 23.01.1997, Pastoors, Case C-29/95 (cid:1) European Court Reports 1997 page I-00285.

(2003/C 28 E/024)

WRITTEN QUESTION E-0336/02

by Roger Helmer (PPE-DE) and Charles Tannock (PPE-DE) to the Commission

(12 February 2002)

Subject: Seigneurage

Where can we find a copy of the formula that the ECB will use to credit seigneurage benefits to the
Euroland states?

Has the ECB (or the Commission) done any estimate of the winners and losers on Seigneurage? If so, may
we have a copy, please?

Does the ECB (or the Commission) have any estimate of the costs or benefits in Seigneurage terms to the
UK if it were to join the Euro? Again, if so may we have sight of such estimates?

Answer given by Mr Solbes Mira on behalf of the Commission

(18 April 2002)

1.
The Decision 2001/914/EC of the European Central Bank (ECB) of 6 December 2001 on the
allocation of monetary income of the national central banks of participating Member States from the
financial year 2002 has been published in the Official Journal (1).

The Commission does not know as to whether the ECB has ‘done any estimate of the winners and

2.
losers on seigniorage’.

The Commission has not estimated the impact of the Decision of the Governing Council of 9 December
2001 on the allocation of seigniorage revenues among the Member States.