Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-02-13-Speech-1-171"
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"en.20060213.15.1-171"2
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".
Mr President, it is a sadness to have to deal with this issue, which goes to the heart of the
. One could say that we are dealing with a Greek tragedy, but one that affects other EU citizens. On the Committee on Petitions, above all other committees, I believe we have to put aside our national and party political obligations and allegiances in order to deliver natural justice for the citizens who approach us.
We have received numerous petitions from citizens across the EU concerning confiscation of their cars by the Greek authorities. The petitioners have stated that Greece has not properly implemented Directive 83/182/EEC, which concerns conditions for the exemption of certain taxes and excise duties for EU citizens who are
and that is key – in another Member State. The Greek authorities have also imposed disproportionately high administrative penalties and confiscated petitioners’ property, claiming that those concerned were attempting to evade tax payments. The petitioners have been asked, in some instances, to pay up to ten times the level of customs duties without any due recognition of the actual value of the motor vehicle.
This report has been discussed several times in committee and was adopted by a large majority at the end of November. The petitioners came to present their petition, explaining that, in some cases, they have had to pay fees and fines of up to EUR 45 000 to retrieve their property, after the Greek authorities had impounded and confiscated their vehicles. Both I, as rapporteur, and the chairman of the Committee on Petitions have been in regular contact with the Greek authorities to try and resolve these issues and the cases that are currently before them.
An amendment to the law on the Greek national customs code has been adopted by the Greek Parliament. However, I am informed that this law still gives the Greek Government the power to confiscate vehicles in this situation. It is worth remembering that the petitioners have fulfilled the conditions for exemption, laid down in Directive 83/182/EEC, from, in particular, turnover tax, excise duty and other consumption tax, in respect of temporary imports from another Member State of motor-driven road vehicles. All the petitioners have their normal residence – i.e., the place where they live at least 185 days in each calendar year, because of personal or occupational ties – in a Member State other than Greece; that is, they fulfil the conditions laid down in the directive.
The petitioners were also able to give absolute proof of their normal place of residence by appropriate means, such as identity cards or other valid documents. Furthermore, the imposition of a special administrative penalty and, in particular, of fines set at a flat rate on the basis of the sole criterion of the cubic capacity of the vehicle – with no account being taken of the age of that vehicle – as well as of an increased duty, which, in some cases, can amount to up to ten times the taxes in question, is – not only in my opinion, but in the opinion of the Commission – incompatible with the Community principle of proportionality.
Finally, I hope that the adoption of this report will send a very strong signal to the Greek authorities that they must amend their law so that it is in conformity with the EU directives that I have referred to. Often in the EU, we believe that the
is an
menu from which we can pick and choose what we like. On the contrary: the
and being a member of the EU means that we adopt fully and transpose properly the
.
I call on the Commission to tell us what actions it will be taking if the Greek authorities fail to implement the Community directive appropriately."@en1
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"normally resident"1
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