WRITTEN QUESTION E-0190/97 by Nikitas Kaklamanis (UPE) to the Commission (5 February 1997)

Subject: Circulation of cars with foreign number plates in Greece

The Court of Justice of the European Communities has repeatedly noted violations of Community law in connection with the circulation of cars with foreign number plates in Greece. In particular, in Case No C-9/92 of 2 August 1993 it ruled that Greek laws were incompatible with Community legislation in this matter.

Community law provides that an entitled person must prove that he resides abroad for at least 185 days (continuously or not) per calendar if he is to be recognized as having his usual domicile abroad: in this case he has no problem in bringing his car to Greece and driving it there.

Greek law, however, provides that the entitled person must prove that he has lived abroad for the 12 months preceding the date on which he brought the car into Greece.

It also provides that he must furnish proof of his usual place of residence and must always be in possession of the following documents: passport, identity card, certificate of registration with the municipality or commune, certificate of registration with the consular authorities, residence permit, work permit and an attestation by his employer that he is working abroad and is covered by insurance for the period of time concerned, tax declarations, certificates by the insurer, information providing evidence of the place of residence of the other members of the family (gainful employment of spouse, school or schools attended by children etc.). Community law, on the other hand, provides the police identity card, passport or any other valid document constitutes proof of the normal place of residence.

These rules clearly violate the conditions of establishment in the single market and, despite the judgments handed down by the European Court of Justice, the Greek authorities are maintaining the above barriers and harassing Greeks who quite legally possess cars with foreign number plates.

Will the Commission say what measures it has already taken, or intends to take, to ensure that the Greek authorities comply with the provisions of Community law and cease to maintain barriers which impede the free movement of persons and goods within the European Union?

Answer given by Mr Monti on behalf of the Commission (17 April 1997)

Following the judgment of the Court of Justice of 2 August 1993, to which the Honourable Member refers, the Commission contacted the Greek authorities.

In 1994 the Greek authorities informed the Commission by letter that they had amended Greek law on several points, including the provisions regarding the proof of usual place of residence which vehicle users are required to furnish. Article 15 of Greek Law 2187/1994 stipulates that:

'Private persons shall furnish proof of their usual place of residence, by any means, including via their identity card or any other valid document.

Where the competent authorities of the Member State of importation have doubts as to the validity of the declaration of usual place of residence made in accordance with the preceding paragraph, or for the purposes of specific checks, they may request other information or additional proof.'

The Commission has recently noted, on receiving complaints and petitions, that application of the above provisions entails systematic requests for proof of usual place of residence in cases where the vehicle user wishes to take advantage in Greece of the tax exemption introduced by Directive 83/182/EEC on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another ((OJ L 105, 23.4.1983. )). The Commission can see the Honourable Member's point, i.e. that Greek nationals who have their usual residence in another Member State may at any time encounter difficulties when driving in Greece a vehicle registered in that Member State.

The Commission will contact the Greek authorities again and is also examining Community legislation in this area to ascertain what changes, if any, might be appropriate in order to lessen the burden of proof on the citizen and to place a greater onus on the authorities of the Member States to consult each other in such cases.