Committee on Petitions NOTICE TO MEMBERS

Transcription

1 European Parliament Committee on Petitions NOTICE TO MEMBERS Subject: Petition 0267/2013 by Giuseppe Messina (Italian) on refusal to register used buses on behalf of third parties in Sicily (Italy) 1. Summary of petition The petitioner briefly objects to Regional Council Decree GAB 152 of 14 October 2004, prohibiting the registration on behalf of third parties of used buses for rent with driver. He argues that this is an infringement of the Commission's interpretative communication concerning procedures for the registration of vehicles from another Member State (SE 2007/C68/04). 2. Admissibility Declared admissible on 6 November Information requested from Commission under Rule 216(6). 3. Commission reply, received on 27 May 2014 The petitioner reproaches the Sicilian regional authorities for the prohibition of the registration of second hand buses, if those buses are intended for the activity of renting of bus with driver for the purpose of passenger transport. This prohibition is based on the Executive Decree of the Sicilian regional authorities GAB 152 of 14 October 2004 (Executive Decree). According to the petitioner, the above mentioned rules are in contradiction with the principle of the free movement of goods within the European Union and with the Commission CM\ doc PE v04-00 United in diversity

2 interpretative communication on procedures for the registration of motor vehicles originating in another Member State (2007/C 68/04) 1. In addition, the petitioner considers that the companies in Sicily are discriminated in relation to the companies in the rest of Italy and in the other EU Member States. The Commission's observations The Executive Decree sets the obligation for the companies renting buses with driver for the purpose of passenger transport to be authorized by the regional authorities and to be registered on the Regional register of companies having the activity of renting of bus with the driver [Registro regionale delle imprese esercenti il noleggio di autobus con conducente]. The Executive Decree gives the competence to the Regional Department of Transports [Il Dipartimento regionale dei Trasporti] to issue the authorization, to register the company and the buses used for the activity on the Regional register 2. The Commission understands from the available information that the Regional Department of Transports does not have a specific competence for the registration of vehicles and delivery of registration plates in order to put those vehicles in circulation within the Italian territory. According to Article 2 b) of the Executive Decree, the Regional Department of Transports is competent to issue a decision of non-opposition to the registration of buses which are declared for the activity of renting of bus with driver. According to Article 3 g) of the Executive Decree, the company requesting the registration of the bus for the activity of renting of bus with driver provides the documentation proving the European environmental classification of the bus, based on the European emissions standards (reference to relevant EU directives and to the Euro standard in the online form 3 ). According to the Executive Decree the bus should fulfil the highest environmental requirements applicable at the moment of the request. Regarding the application of Articles of the Treaty on the Functioning of the European Union (TFEU) the Commission would like to stress that their purpose is to ensure that national rules do not hinder the free movement of goods between the EU Member States. The Commission interpretative communication on procedures for the registration of motor vehicles originating in another Member State 4 provides clarifications on the principles of EU law that applies to the registration of motor vehicles in a Member State other than the Member State of purchase, based on the provisions of the Treaty and of the relevant secondary law. The registration is defined by point 3.2 of the Commission interpretative communication as the "administrative authorisation for the entry into service in road traffic, involving the identification of the motor vehicle and the issuing to it of a registration number." 1 Commission interpretative communication on procedures for the registration of motor vehicles originating in another Member State (2007/C 68/04). 2 df OJ C 68, , p. 15. PE v /6 CM\ doc

3 In order to possibly conclude its assessment of the present petition, the Commission would need further details on whether the Regional Department of Transports has the competence to oppose the registration of second hand buses for the entry into service in road traffic or whether it can oppose to the registration of the second hand bus on the Regional register of companies renting buses with drivers. Concerning the possible discrimination raised in the petition, the Commission would like to point out that it could potentially concern the conditions applicable to the exercise of the activity of renting of bus with driver but the discrimination based on the origin of the goods cannot be established as the Sicilian regional provisions apply in the same way to all second hand buses, those imported from another EU Member State and those originating from another Italian region. The Commission would also like to point out that Regulation (EC) No 1071/2009 of 21 October establishes common rules concerning the conditions to be complied with to pursue the occupation of road transport operator. This Regulation applies to the occupation of road passenger transport operator. According to this Regulation, several requirements must be complied with by an undertaking in order to gain access to the occupation of road transport operator. These requirements are: effective and stable establishment, good repute, appropriate financial standing and professional competence. However, Member States may decide to impose additional requirements, as long as these are proportionate and non-discriminatory. The Executive Decree clarifies that the vehicles registered by an undertaking wishing to rent buses with drivers (that is to say activities of transport of passengers for hire and reward) must be of the highest environmental standards. It is unclear whether this requirement is proportionate to the aims of the Regulation. The Commission will follow up on this point with the Italian authorities. Conclusion Against the background presented above, and given the information mentioned in the petition, at this stage, the Commission cannot conclude in support of the petitioner's claim in the case at hand on the basis of Article 34 TFEU. 4. Commission reply (REV), received on 31 October 2014 The petition brought to light a prohibition by the Sicilian regional authorities on the registration of second hand buses, if those buses are intended for the activity of renting of bus with driver for the purpose of passenger transport. The Commission expressed doubts about the compliance of this requirement with Regulation (EC) No 1071/2009 on access to the occupation of road transport operator 2 and requested further information from the Italian authorities on this point. The Commission's observations 1 Regulation (EC) no 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, p.51). 2 Regulation (EC) no 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, p.51). CM\ doc 3/6 PE v04-00

4 The Commission took up contact with the Italian authorities to confirm the information provided by the petitioner. The Italian authorities confirmed that to obtain a permit to operate hired buses with drivers, companies established in the Sicily Region must have buses which are state-of-the-art as regards maximum pollutant emissions. They also confirmed that these requirements are imposed as additional requirements to those set out in Article 3 of Regulation (EC) No 1071/2009. According to this article, Member States may only choose to impose additional requirements on undertakings wishing to access to the occupation of road transport operator if these are proportionate and non-discriminatory. From the reply of the Italian authorities, the Commission could not determine whether these requirements were proportionate to the aim pursued, and opened a structured communication with the Italian authorities. Conclusion The Commission will continue its structured dialogue with the Italian authorities. Depending on the outcome of this exchange, the Commission may decide to initiate infringement procedures under Article 258 of the Treaty for incorrect implementation of Regulation (EC) No 1071/ Commission reply (REV II), received on 26 August 2015 The Executive Decree sets the obligation for the companies renting buses with driver for the purpose of passenger transport to be authorized by the regional authorities and to be registered on the Regional register of companies having the activity of renting of bus with the driver [Registro regionale delle imprese esercenti il noleggio di autobus con conducente]. The Executive Decree gives the competence to the Regional Department of Transports [Il Dipartimento regionale dei Trasporti] to issue the authorization, to register the company and the buses used for the activity on the Regional register 1. We understand from the available information that the Regional Department of Transports does not have a specific competence for the registration of vehicles and delivery of registration plates in order to put those vehicles in circulation within the Italian territory. According to Article 2 b) of the Executive Decree, the Regional Department of Transports is competent to issue a decision of non-opposition to the registration of buses which are declared for the activity of renting of bus with driver. According to Article 3 g) of the Executive Decree, the company requesting the registration of the bus for the activity of renting of bus with driver provides the documentation proving the European environmental classification of the bus, based on the European emissions standards (reference to relevant EU directives and to the Euro standard in the online form 2 ). According to the Executive Decree the bus should fulfil the highest environmental requirements applicable at the moment of the request. 1 df 2 PE v /6 CM\ doc

5 The Commission would like to point out that Regulation (EC) No 1071/2009 of 21 October establishes common rules concerning the conditions to be complied with to pursue the occupation of road transport operator. This regulation applies to the occupation of road passenger transport operator. According to this Regulation, several requirements must be complied with by an undertaking in order to gain access to the occupation of road transport operator. These requirements are: effective and stable establishment, good repute, appropriate financial standing and professional competence. However, Member States may decide to impose additional requirements, as long as these are proportionate and non-discriminatory. The Executive Decree clarifies that the vehicles registered by an undertaking wishing to rent buses with drivers (that is to say activities of transport of passengers for hire and reward) must be of the highest environmental standards. After having enquired with the Italian authorities on this subject, the Commission has come to the conclusion that the requirement cannot be considered disproportionate in the sense of Article 3.2 of Regulation (EC) No 1071/2009. This requirement is justified by environmental reasons. It was introduced in order to promote the renewal of the ageing fleet of buses operating in Sicily and to reduce pollution in inhabited regions. The measure seems to be meeting its objective and the amount of buses meeting high environmental standards has substantially increased since it was put in place. It is also clear that the requirement in question applies to all undertakings wishing to establish themselves in Sicily to carry out the activity of renting buses with driver. Therefore, we consider that the requirement in question is non-discriminatory in the sense of Article 3.2 of Regulation (EC) No 1071/2009. It should be noted that the national measure which requires for the registration of second hand buses, intended for the activity of renting of bus with driver for the purpose of passenger transport, to comply with the latest environmental standard (Euro-4 or Euro-5) can constitute a measure having equivalent effect to quantitative restrictions on imports within the meaning of Article 34 TFEU, in so far as its effect is to hinder access to the Italian market for buses which do not meet this environmental requirement and which were registered in another EU Member State. However, in accordance with the case-law of the Court of Justice of the EU, such legislation may be justified in order to meet imperative requirements, such as the protection of the environment, on condition that it is appropriate for securing the attainment of the objective pursued and that it does not go beyond what is necessary in order to attain that objective. In the light of the available information and given the explanation of reasons of adoption of the measure, no elements were found to indicate that the measure would not be justified under the provision of TFEU. Concerning the possible discrimination raised in the petition, we would like to point out that no discrimination relating to products can be established as the Sicilian regional provisions apply in the same way to all second hand buses, those imported from another EU country and those originating from another Italian region. 1 Regulation (EC) no 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, p.51). CM\ doc 5/6 PE v04-00

6 Conclusion Against the background presented above, and given the available information, the Commission cannot conclude in support of the petitioner in the case at hand on the basis of Article 34 TFEU. PE v /6 CM\ doc