Transport concessions

14.7.2017

Question for written answer P-004849-17
to the Commission
Rule 130
José Blanco López (S&D)

DG MOVE recently replied to the city council of A Coruña that the dies a quo — the starting date for calculating the period of 30 years laid down in Regulation (EC) No 1370/2007 for the duration of its urban transport concession — corresponds to the date on which the contract was awarded.

This contradicts the information given by the Commission in its answer to Written Question E-6628/2009, according to which the starting date is 26 July 2000, thus providing a uniform criterion in line with the principles of legal certainty, legitimate expectations and equal treatment.

Following DG MOVE’s interpretation of the starting date, on the other hand, long-standing contracts would automatically become void on the entry into force of Regulation (EC) No 1370/2007, for example the contracts held by the French companies SNCF and RATP, which were awarded in 1959.

1. Can the Commission confirm that the starting date for calculating the period of 30 years for the purpose of applying Regulation (EC) No 1370/2007 is 26 July 2000?

2. If, on the other hand, DG MOVE’s interpretation is confirmed, will the Commission demand that France immediately rescind the contracts held by SNCF and RATP, and will it investigate the situation in other EU countries?