Brussels bombarded by complaints about Arriva Malta’s ‘discriminatory’ fares

Echoing complaints by MEPs' constituents - mostly identified as either tourists or non-resident aliens - many of these questions follow on from similar (unanswered) queries raised earlier in the year. And in a rare show of cross-party co-operation, they come from representatives militating across the full spectrum of European politics: left, right and centre.

Malta's 'discriminatory' bus ticketing system has been raised by the European Conservatives and Reformists (ECR); the Socialists and Democrats (S&D); the European Freedom and Democracy Party (EFD); and the European Alliance of Liberal Democrats (ALDE).

Ironically, the issue has been raised most consistently and vociferously by the European People's Party (PPE): of which the Nationalist Party, which introduced the bus fare system, is a member.

Such queries include calls for the Commission to 'take action' against the Maltese government - including the possibility of infringement proceedings - against perceived discrimination against foreigners in general and EU nationals in particular.

Malta's 'discriminatory' bus ticketing system has been raised by the European Conservatives and Reformists (ECR); the Socialists and Democrats (S&D); the European Freedom and Democracy Party (EFD); and the European Alliance of Liberal Democrats (ALDE).

Ironically, the issue has been raised most consistently and vociferously by the European People's Party (PPE): of which the Nationalist Party, which introduced the bus fare system, is a member.

Such queries include calls for the Commission to 'take action' against the Maltese government - including the possibility of infringement proceedings - against perceived discrimination against foreigners in general and EU nationals in particular.

One question drew attention specifically to the fact that Arriva Malta's website offers 'discounts' to EU citizens while already charging lower fares to Maltese residents, in what is described as a blatant infringement of EU law.

Transport Minister Austin Gatt has however consistently defended the practice of charging non-Maltese residents higher fares, pointing towards the existence of similar pricing structures in European destinations such as Tallinn, Estonia (though paradoxically, this same system is also under investigation by the Commission).

Tourists unwelcome

When first faced with criticism over this issue, Gatt had angered the Malta Hotels and Restaurants Association by suggesting that tourists should choose alternative destinations rather than complain about the cost of public transport.

 "If a tourist can't afford to pay the €12 to use the bus system, he should do us a blessed favour and not come here at all," he said exactly a year ago next Tuesday (22 November 2010).

Gatt also insisted that the only alternative to the two-tier tariff system is to raise the cost of the service across the board, resulting in higher fares for Maltese passengers.

"The only practical way ... is to raise the fares paid by local residents and decrease fares paid by non-residents," he said in reply to criticism from the tourism industry. "The Ministry deems this unjust on local residents who at the end of the day pay the taxes to subsidise reduced fares for pensioners, students and children and subsidise public transport. The other possible alternative is to increase the subsidy paid to the operator to make up the difference in revenue which since it is financed out of taxpayers' money amounts to the same thing."

It remains to be seen whether the Transport Ministry will use this same argument if faced with the possibility of infringement procedures by the Commission. Government's reply to an EC request for information has not to date been made public, and on its part the Commission has so far stopped short of answering any of the PQs at length: limiting itself to repeating a curt response to the effect that 'data is still being gathered'.

When bus fares aren't fair
PQs raised in the European Parliament about Malta's 'discriminatory' public transport tariffs

Question: E-010530/2011
MEP: Marina Yannakoudakis (ECR)
Subject: Arriva Malta and charges for bus travel

Could the Commission please comment on allegations that Arriva Malta, with the cooperation of the Maltese Government, charges EU tourists more for daily bus travel than native Maltese citizens?

And, should the allegations prove to be correct, is this a form of discrimination?

Question: E-010364/2011
MEP: Nessa Childers (S&D)
Subject: Higher charges for other EU nationals in Malta

In September last year I wrote to Commissioner Oettinger (Question for written answer E-5683/2010) regarding the Maltese authorities charging other EU nationals higher electricity rates than they did their EU counterparts. As the Commissioner is aware, this practice would be well against EU competition laws. The Commissioner indicated that he would contact the Maltese authorities and look into the issue. Has this action been taken?

It seems that this practice continues to be widespread, as I am still receiving representations from Irish people living in Malta who are experiencing several variations of this discrimination. One man, Mark Fagan, has reported that the Arriva bus company openly offers discounts to EU nationals, and has forwarded the following link to their pricing scheme: http://www.arriva.com.mt/fare-information.

Does the Commission agree that such a practice is completely unacceptable?

Will the Commission promise to carry out a full review regarding whether or not such practices against other EU nationals are widespread in Malta?

Question: P-010242/2011
MEP: Seán Kelly (PPE)
Subject: Institutional discrimination against non-Maltese EU citizens in Malta on the basis of nationality/residence

It has been brought to my attention that there are cases of discrimination on the basis of nationality taking place in Malta, contrary to - inter alia - Article 18 TFEU.

I refer specifically to a two-tier bus fare scheme in Malta whereby non-Maltese residents (even if they hold a Maltese residency card) and visitors to Malta are charged a higher fare than Maltese citizens.

I am also aware that Commission services have been made aware of this discrimination.

1. Based on the above, can the Commission comment on what concrete action it has taken to address this discrimination?

2. Can it comment on when it expects the Maltese authorities conclusively to put this discrimination to an end, assuming they are cooperating with the Commission's requests?

3. If not, when does the Commission envisage opening infringement proceedings against Malta?

Question: E-009349/2011
MEP: Roberta Angelilli (PPE)
Subject: Different fares for foreigners on Maltese public transport: possible violation of the principle of non-discrimination

In response to Written Questions P‑007748/2011, E‑005129/2011, E‑007533/2011, E‑005535/2011, E‑006017/2011 and E‑001076/2011, which draw attention to the adoption by the Maltese authorities of a different public transport fare system for foreigners, who are required to pay higher fares than Maltese nationals for the same journey, the Commission stated that enquiries and consultations were underway with the Maltese authorities.

Given that such a fare system would constitute a violation of Community law, with specific reference to the principle of non-discrimination, can the Commission

1. say whether it has completed its enquiries and, if so, what its findings were;

2. explain why the enquiries have taken so long; and

3. provide an overview of the situation?

MEP: Godfrey Bloom (EFD)
Subject: Maltese bus services

Maltese bus service providers are alleged to have introduced a differential charging system whereby non-residents are charged higher fees than the country's residents for identical journeys. Will the Commission confirm whether this would be legal and, if not, whether it plans to pursue the matter?

Question: E-007533/2011
MEP Liam Aylward (ALDE)
Subject: Bus fares in Malta for non-residents

The Maltese authorities have recently introduced a new two-tier system for bus fares. Residents in possession of a Maltese identity card are charged far less for a bus ticket than non-residents who do not hold such identity cards.

What is the Commission's view on this discriminatory practice, where people from one Member State get cheaper bus fares than citizens from other Member States?

If this practice of imposing a two-tier pricing system on various groups can be considered legal, could such a system be applied to other services in areas other than transport?

Question: E-006017/2011 
MEP: Ashley Fox (ECR)
Subject: Public transport charges in Malta

In the Commission's response to Written Question E‑001076/2011 on public transport charges by the Maltese Government, it stated that the Maltese Government would be presenting its case 'imminently' in relation to the different charges levied on non-Maltese nationals. Can the Commission provide a copy of the Maltese Government's response? Does the Commission consider that such pricing by the Maltese authorities infringes EC law?