‘No discrimination’ in bus fares
On the bus-stop... How do you distinguish between residents and non-residents? Photo: Chris Sant Fournier
Tourists will pay higher bus fares than local residents to ensure that subsidies on the new public transport system are focused in favour of those who pay for them through taxes, according to the Transport Ministry.
For this reason, a ministry spokesman insisted, the difference in bus ticket prices will not discriminate against visitors.
On Saturday, Transport Minister Austin Gatt gave details of the contract to be signed with British transport company Arriva and Tumas Group later this month.
The revamped bus service will be in place by July. The price of a day ticket for residents in Malta shall be €1.50 and that for a seven-day ticket €6.50. Tourists and passengers who do not carry Maltese ID cards will pay higher fares with a day ticket costing €2.60 and a seven-day pass €12. Could this be a formalised type of discrimination against foreigners, similar to the overcharging of tourists in bars or stores?
“Not at all,” the ministry spokesman replied when asked whether this difference in fares was considered discriminatory.
When asked why tourists were being charged more for using the same service as Maltese residents, the spokesman explained that the government would be spending about €4.1 million a year in subsidising lower fares for pensioners, students and children. Another subsidy – of about €700,000 a year in Malta and €1.4 million in Gozo – will be paid for the operation of the system.
“It is fair that subsidies are focused in favour of those who pay for them, rather than non-residents,” the spokesman said.
“All residents of Malta, independently of nationality and including non-EU residents, are obliged to have a Malta ID card and therefore it would be more correct to distinguish between residents and non-residents rather than Maltese and tourists,” she said.
The spokesman added that, with the €12 weekly unlimited travel package, tourists will be offered a high quality product at an extremely competitive price.
“It is unlikely that any tourist can find a cheaper cost of internal transportation in any of our competing destinations.”
So how will ticketing machines make the distinction between residents and non-residents?
“The ministry will not be operating public transport as such and questions on mechanics will need to be discussed with the operator,” the spokesman replied. According to the Treaty of the Functioning of the EU, “discrimination on grounds of nationality shall be prohibited”. However, the treaty allows for “special provisions” and speaks about “the scope of the treaty”, making its interpretation a very technical exercise.
Malta is already facing EU investigations on the strength of this treaty. In September, the European Commission warned it would launch infringement procedures against Malta if it was established that the higher water and electricity rates being paid by a number of foreign residents amounted to discrimination.
The allegations being investigated are that almost 20,000 foreign residents in Malta are being charged tariffs 30 per cent higher than those paid by Maltese residents.
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K. Mifsud
Nov 10th 2010, 01:05
This is not true, and I will prove it. I'll simply quote the European Court of Justice itself:
"It is also clear from the Court's case-law (see, inter alia, Case C-3/88 Commission v Italy [1989] ECR 4035, paragraph 8) that the principle of equal treatment, of which Article 49 EC embodies a specific instance, prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other criteria of differentiation, lead in fact to the same result.
"That is true, in particular, of a measure under which a distinction is drawn on the basis of residence, in that that requirement is liable to operate mainly to the detriment of nationals of other Member States, since non-residents are in the majority of cases foreigners (see, inter alia, Case C-224/97 Ciola [1999] ECR I-2517, paragraph 14)."
- C-388/01, paras 13-14, avaialble at {http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&Submit=Rechercher&alldocs=alldocs&docj=docj&docop=docop&docor=docor&docjo=docjo&numaff=C-388/01&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100} (click Judgement).
Dr John Baldacchino, New York
Nov 9th 2010, 20:10
What a load of cobblers! If this is for real, the Ministry is heading to serious trouble. The fact that transport is subsidised (how does that square with privatisation?) does not give the green light for different fares for residents and non-residents. Many countries in the EU and beyond subsidise transport (just compare the lower fares in countries that run their transport to non-subsidized ones). Also EU citizens should, by right, be treated as equals due to the fact that in principle the EU is one huge market without borders and countries contribute to one common pool (some countries contribute far more than others, while some get more in subsidies than others. Tell that to the British, the French or Germans!) It will be impractical and ridiculous to have to produce an ID card even when buying a bus ticket. This amounts to an abuse of ID card usage (if there were liberty advocates in Malta they would have a field day!) but also an infringement of personal liberty where one will have to reveal his or her details to a larger pool of people. Doesn't anyone know anything about stolen identities? What next? Declaring one's kin to bus-drivers?
GARY.LUSBY
Nov 9th 2010, 19:12
O.K. I have been coming to Malta for 25 years and I love your island and the people,and I could walk anywhere,,, not any more,,, being riped off started some time ago but you always smiled when you took the money,,, and we tourists do know,,, but it was done discreatly,,not any more,,,and now we the tourists will pay more for our bus ride,,,,I have paid my parking ticket,,paid my bit more in the shops,,and in the bar,,and for my coffee,,so now good bye,,and many other tourist will be singing the same song,,,,Will you never learn ,,,,,,
Karl Consiglio
Nov 9th 2010, 18:10
So E.U members are still referred to as foreigners? Imbasta..
Oisin Jones-Dillon
Nov 9th 2010, 10:41
1) Regarding the illegal treatment of non-Maltese EU citizens by ARMS Ltd., please click on the following link to read ‘ARMS Ltd breaching EU law – AD’ / The Green Party.
http://www.timesofmalta.com/articles/view/20100711/local/arms-ltd-breaching-eu-law-ad
2) Those non-Maltese EU citizens who have managed to register the correct number of household occupants with ARMS Ltd. for water and electricity billing purposes, but have not received their one-off energy allowance cheque, are strongly advised to apply to ARMS Ltd. for same without delay.
EU law stipulates that non-Maltese EU citizens are entitled to identical treatment to Maltese nationals, who are applying for and receiving their one-off energy allowance cheques now - a one-person household getting €55, a two-person household €80, a three-person household €105 and so on.
Please see:
http://www.timesofmalta.com/articles/view/20101105/local/energy-allowance-extended
3) Given numerous complaints concerning discrimination against non-Maltese EU citizens residing in Malta vis-à-vis 1) Personal banking, 2) Telephony, 3) Internet service provision and 4) Shipping/Owner fees, I have been assured, that having already imposed its EU credentials regarding European Parliament enrolment and voting rights as well as water and electricity tariffs, AD –The Green Party will continue to pursue and contest these alleged irregularities with its customary commitment and rigour.
Oisin Jones-Dillon
Please choose the reason of your report below: