WRITTEN QUESTION P-1394/00 by Gary Titley (PSE) to the Commission. Principles of the Single Market.
Date: 2000-05-03
Institutions: European Parliament, Provisional data
Subjects: France, capital transfer, infringement of EU law

13.2.2001

EN

Official Journal of the European Communities

C 46 E/187

(2001/C 46 E/219)

WRITTEN QUESTION P-1394/00

by Gary Titley (PSE) to the Commission

(3 May 2000)

Subject: Principles of the Single Market

One of my constituents was stopped in France recently and asked how much money he had. I understand
it is illegal to bring in more than FF 50 000 in cash without declaring it to the authorities and stating the
source of the money and for what purpose it will be used. Surely this contradicts the principles of the
Single Market?

Answer given by Mr Solbes Mira on behalf of the Commission

(16 May 2000)

According to the Community legislation, the transfer of cash is considered as a (cid:145)capital movement(cid:146). The
basic principles of the (cid:145)freedom of capital movements(cid:146) (which is one of the four basic freedoms of the
single market) are enshrined in the EC Treaty under Article 56 (ex Article 73b), which stipulates that all
restrictions on the free movements of capital between Member States and between Member States and
import and export of means of
third countries shall be prohibited. This applies also to the physical
payments of all kinds (i.e. notes, coins, bearer securities, etc).

However, under Article 58 (ex Article 73d) of the EC Treaty, it is set out that the provisions of Article 56
shall be without prejudice to the right of the Member States to (cid:145)lay down procedures for the declaration of
capital movements for purposes of administrative or statistical information(cid:146) or to (cid:145)take measures which are
justified on grounds of public policy or security(cid:146), provided the measures and procedures applied (cid:145)shall not
constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital(cid:146).

This allows Member States to establish a (cid:145)declaration system(cid:146) by which the import or export of currency in
excess of a given amount has to be declared to the customs administration. Moreover, the Member States
using such a (cid:145)declaration system(cid:146) have also the right to define amounts of fines in case of infringement of
the said regulation. In this context, it appears that the obligation to declare to the French authorities any
import or export of means of payments above the limit of FRF 50 000 does not constitute, in principle, a
breach of the freedom of capital movements since the custom regulation adopted seems compatible with
the Community legislation in that matter.

While they are, in principle, compatible with Community rules, and can be a weapon in the fight against
illegal activity, a lack of information on the requirements to declare can cause problems for legitimate
operations. In the context of its information campaign on the single market, the Commission is making
requirements on declaration more widely known.

(2001/C 46 E/220)

WRITTEN QUESTION E-1396/00

by Bernd Lange (PSE) to the Commission

(4 May 2000)

Subject: Standardisation of clothing for motorcyclists

Rumours about attempts to standardise protective clothing for motorcyclists are still doing the rounds. For
instance, the European Committee for Standardisation (CEN) is said to have already submitted several
drafts for such standards.

Is the Commission planning to standardise clothing intended for motorcyclists?

Have any steps already been taken in this direction?