WRITTEN QUESTION E-2999/98

by Klaus Lukas (NI) to the Commission

(8 October 1998)

Subject: Customs problems with hire cars

According to my information, a person residing in an EU Member State is not allowed to use a car with, for example, a Swiss number plate to travel into an EU country, except to return to their place of residence. If the person concerned is travelling on holiday or business and wishes to enter a different EU country, the journey cannot be continued in this vehicle unless duty is paid on it. It goes without saying that this regulation causes considerable difficulty for people travelling on business and holiday-makers. Apparently Regulation 2454/93(1) is the cause of this problem.

1. Is the Commission aware of the above situation? If so, since when has it been aware of it?

2. Why has the Commission so far failed to present any proposals to remedy this situation?

3. Why were the abovementioned provisions adopted?

4. Why were the specific geographical circumstances of EU regions bordering on non-EU countries not taken into consideration?

5. Are there plans to amend the relevant provisions so that a person resident in an EU Member State can use a vehicle with a non-EU number plate in an EU Member State at least on a temporary basis? If not, why not? If so, when will the relevant measures be taken?

Answer given by Mr Monti on behalf of the Commission

(15 January 1999)

1. Under Article 719 of Regulation (EEC) 2454/93 laying down provisions for the implementation of the Community Customs Code, persons established in a Member State may not enter a hired vehicle registered in a non-EC country for temporary importation unless they are returning to their Member State of residence. The Commission first learned late in 1997 that this rule was causing problems in the Vorarlberg and the Haute Savoie region.

3. Article 719 is based on the Istanbul Convention(2).

2. and 5. According to information obtained by the Swiss authorities, this is a problem affecting some 45 vehicles a month. Swiss rental companies have in fact set up a pooling system whereby vehicles registered in the Community are re-hired to Community citizens; this apparently makes it possible in many cases to save on the cost of returning vehicles. It offers one way round the difficulties associated with the current legislation, which prevents Swiss vehicles being used by people established in the Community, but does not solve the problem - this would require an amendment to the law. The Customs Code Committee has discussed the issue, and both the Commission and the Member States accept that account needs to be taken of the geographical situation of areas like the Vorarlberg and Haute Savoie, linked as they are to Swiss infrastructure. The Commission is taking a close interest in the issue and is currently studying possible solutions. The matter is a sensitive one for the Member States, however, which makes it impossible to say whether and when any measures might be adopted.

4. The current rules caused no problems until 1997. Note also that one of the Member States concerned, Austria, was not in fact a member of the Community when Regulation (EEC) 2454/93 was adopted.

(1) OJ L 253, 11.10.1993, p. 1.

(2) The Istanbul Convention of 26 June 1990, approved by Council Decision 93/239/CEE of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes (OJ L 130, 27.5.1993).