WRITTEN QUESTION E-1845/00 by Christopher Huhne (ELDR) to the Commission. Free movement of capital.
Date: 2000-06-09
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, foreign currency, free movement of capital

6.3.2001

EN

Official Journal of the European Communities

C 72 E/129

In view of the Navarre Government(cid:146)s failure to provide information, is the Commission aware of, or has it
assessed, the enourmous environmental impact of said project?

Does the Commission not consider that there is a far greater need to improve the national highway N-121
and the railway connections?

Answer given by Mrs de Palacio on behalf of the Commission

(11 July 2000)

According to the information in the Commission(cid:146)s possession there is indeed a projected new highway
linking Pamplona with Bayonne. However, this project does not form part of the trans-European transport
network as defined in Decision No 1692/96 on Community guidelines for the development of the trans-
European transport network. So far the Spanish and French Governments have not asked the Commission
to alter the definition of network in order to add this project, which thus remains within the purview of
the national authorities.

In accordance with the declaration made in 1996 the Commission is, at this stage, also analysing projected
Pyrenean crossings using a central route and by reopening the Pau-Canfranc line with a view to including
these in the trans-European network maps. The projected improvements to highway N-121 is a common-
interest project within the trans-European network. That network must consist of high-quality roads. The
Commission thus supports any project enabling that aim to be achieved.

(2001/C 72 E/162)

WRITTEN QUESTION E-1845/00

by Christopher Huhne (ELDR) to the Commission

(9 June 2000)

Subject: Free movement of capital

Can the Commission confirm that certain Member States (cid:129) notably Spain (cid:129) set limits on the amount of
cash that may be taken out of the country and,
if so, state whether it regards these provisions as
compatible with the obligations of the Member States under the Treaties?

If not, what action is the Commission taking to remedy this matter, and what courses of action are open
to anyone who has suffered losses on account of these provisions?

Answer given by Mr Solbes Mira on behalf of the Commission

(7 July 2000)

Member States cannot under the obligations of Article 56 (ex Article 73b) of the EC Treaty set limits on
the amount of cash that may be taken out of the country. Spain, in compliance with the EC Treaty(cid:146)s
obligations, does not set limits to the export of capital.

However, under Spanish law the import or the export of currency in excess of a given amount has to be
declared to the customs administration. The law establishing such a (cid:145)declaration system(cid:146) is not in breach of
Community law. In fact, 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), provided the
measures and procedures applied (cid:145)shall not constitute a means of arbitrary discrimination or a disguised
restriction on the free movements of capital(cid:146). Moreover, Member States using such a (cid:145)declaration system(cid:146)
have also the right to define amounts of fines in case of infringements of the regulation.

Questions concerning damages for the loss suffered on capital (exchange rate differentials) and interest
(interest on the sums withheld in excess of the fine) can only be determined by the Spanish courts.