This is an example of a concrete legislation conflict in Flanders:
In Flanders we are running an innovative project about sharing wheelchair friendly cars (AVIRA). It’s great for getting acces to a bigger car and for persons with reduced mobility it grants more mobility options as participants are being engaged to be a volunteer driver. It can be established in 3 manners/
- a care organisation owns a wheelchair friendly car and starts to share with neighborhood.
- a private person owns a wheelchair friendly car and starts to share with neighborhood.
- a carsharing providers adds a wheelchair friendly car in the own fleet.
The legislative problem appears in case 2. Private person can get a grant + TVA reduction (6% instead of 21%) when they need to adapt their vehicle so it’s wheelchair friendly. BUT they only get it when they are using the vehicle only for themselves. So when they start sharing the car they have to pay back the grant and TVA reduction.
The first one (grant) can be settled with Flemish government and they are willing to adapt legislation. The second one is far more difficult because European legislation. Apparently TVA is sensitive topic in EU. It’s about unfair competition.
So far we weren’t able to fix this matter on European level. Although 10 persons want to share a private wheelchair friendly car, currently no one is sharing because of this European legislation threshold.