WRITTEN QUESTION E-1747/99

by Karl von Wogau (PPE-DE) to the Commission

(1 October 1999)

Subject: Fuel checks on vehicles crossing into Hungary

Is the Commission aware that the Hungarian customs authorities conduct fuel checks on lorries crossing the border and charge a fee on quantities in excess of 200 litres, with penalties if drivers fail to declare quantities?

Is it true that there are no such checks on lorries travelling in the opposite direction? Does the Commission feel it would be useful in this case to reintroduce the customs documents that used to be carried and which prove that a tank contains a certain amount of fuel when it crosses the frontier? Does the Commission feel it would be useful to conclude an agreement with Hungary, by analogy with the agreement with Switzerland, so that these checks are not carried out?

Answer given by Mr Verheugen on behalf of the Commission

(16 November 1999)

According to Article 4 of the Customs convention on temporary importation of commercial road transport vehicles (18 May 1956):

The fuel contained in the ordinary supply tanks of vehicles temporarily imported shall be admitted without payment of import duties and import taxes and free of import prohibitions and restrictions. Each Contracting Party may however fix maximum quantities for the fuel so admitted into its territory in the supply tanks of the vehicle temporarily imported.

Both Hungary, and the Community are signatories to this convention (Council Decision 94/0111/EC of 16 December 1993 on the conclusion of the Customs convention on the temporary importation of commercial road vehicles (1956) and the acceptance of the United Nations' resolution on the applicability of carnets de passage en douane and CPD carnets to commercial road vehicles(1)).

In line with this, Hungarian legislation states that imports of petrol in excess of 200 litres are subject to VAT and excise duties. As the customs duty rate for petrol is currently 0 %, the imports are in practice only subject to VAT and excise duty. However, Hungary has concluded bilateral agreements with certain countries which set out on a reciprocal basis limits which differ to those mentioned above.

Certain Member States currently exercise the possibility of limitations set out in Article 113 of Council Regulation (EEC) 1315/88 of 3 May 1988 amending Regulation (EEC) 2658/87 on the tariff and statistical nomenclature and on the common customs tariffs and Regulation (EEC) 0918/83 setting up a Community system of reliefs from customs duty(2) which states:

As regards the fuel contained in the standard tanks of commercial motor vehicles and special containers, Member States may limit application of the (duty) relief to 200 litres per vehicle, per special container and per journey.

In December 1995, the Council mandated the Commission to negotiate agreements with Bulgaria, Hungary and Romania, with the aim of determining certain conditions applied to the road transport of goods and to the promotion of combined transport, in order to facilitate the transit of road vehicles through the territory of contracting parties. Agreements were paraphed with Bulgaria in December 1998, with Hungary in April 1999, and negotiations continue with Romania. However, the question of duty relief on fuel quantities above 200 litres is still the subject of debate in the Council.

(1) OJ L 56, 27.2.1994.

(2) OJ L 123, 17.5.1988.