WRITTEN QUESTION E-0243/02

by Karla Peijs (PPE-DE) to the Commission

(6 February 2002)

Subject: Customs issues

The international removals industry, mainly comprised of SMEs, is facing a major problem which undermines its business efficiency and illustrates a lack of a level playing field in customs matters. Removals coming from other continents can be more easily imported by way of the UK than by way of any other port in the EU, where a T-form must be established at point of entry and the consignment has to be cleared through customs at final destination using all documents necessary to prove the primary residence.

Is the Commission aware of this problem, which breaches fair competition between removals companies?

Does the Commission agree that customs rules do not keep up with the speed required in modern society's activities?

Could the Commission envisage a simplified and harmonised customs form, in which the administrative burden of the proof of residence could be dealt with at a later stage, after the household goods have been imported?

Answer given by Mr Bolkestein on behalf of the Commission

(19 March 2002)

The Commission can confirm that it had been approached by representatives of some removal companies describing the situation as set out in the Honourable Member's question.

In response the Commission would like to outline the following principals in the customs clearance of the removal goods coming from a third country:

- any natural person transferring its normal place of residence from a third country to the customs territory of the Community has the right to choose any customs office in the Community for the release into free circulation of its personal property which it imports on this occasion. Given the Single Market rules its choice is therefore not limited to customs offices located in the Member State in which the person wants to establish its residence;

- not withstanding the rules of the Community's Customs Code setting out the conditions and procedures for the release into free circulation of the imported goods the customs authorities of the Member States have a certain discretion in respect of the documentary evidence to be provided by the person transferring its residence to the Community in order to be able to benefit from duty relief in accordance with the provisions of Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty(1). The discretion has its reason in the big differences in the national legislation of the Member States in respect of the administrative procedures and requirements for a person taking residence in a country;

- the customs authorities in the Member States, however, should not use their discretion to discriminate in their customs treatment between persons taking residence in the country of the customs authority and persons taking residence in another Member State of the Community. Therefore, any customs office should grant the release on presentation of similar documentary evidence as required for a person taking residence in the Member State of the customs office. Any refusal or request to use Community transport procedures solely on the ground that the person takes its residence in another Member State would be incompatible with the current legislation.

Should the Honourable Member dispose of any knowledge of specific cases where these principals have not been observed he is invited to transmit such information to the Commission in order to enable its services to follow it up in an appropriate manner.

(1) OJ L 105, 23.4.1983.