WRITTEN QUESTION E-2262/00 by Brice Hortefeux (PPE-DE) to the Commission. Community transport policy: goods in circulation in the European Union under the TIR ‐ international road transport ‐ scheme.
Date: 2000-07-07
Institutions: European Parliament, Provisional data
Subjects: common transport policy, drug traffic, illegal migration, illicit trade, international road transport, police checks

C 72 E/190

Official Journal of the European Communities

EN

6.3.2001

(2001/C 72 E/244)

WRITTEN QUESTION E-2262/00

by Brice Hortefeux (PPE-DE) to the Commission

(7 July 2000)

Subject: Community transport policy: goods in circulation in the European Union under the TIR (cid:129)

international road transport (cid:129) scheme

On 19 June 2000 the trade in illegal immigrants to the European Union cost the lives of 58 people who
were discovered dead in the trailer of a lorry in the port of Dover. The lorry in question was operating
under the TIR (cid:129) international road transport (cid:129) scheme. Vehicles operating under this scheme bear locks
with customs seals, with which it is illegal to tamper. Once the seals are put on the cargo, only customs
officers are authorised to carry out checks, but these checks must be applied to the whole load. This
procedure has the effect of discouraging checks. As a result, TIR vehicles have become the means of
transport preferred by illegal
immigration networks, because of the difficulty of checking their loads.
Transport operators and drivers themselves are unable to check the goods they load under the TIR
arrangements, although they are the ones who bear the consequences of illegal immigration (imprisonment
of drivers, confiscation of vehicles, lost goods, etc.). The TIR scheme is coming to seem less and less
appropriate in view of the magnitude of the problems affecting international transport operators, whether
in the form of illegal immigration, drug trafficking or smuggling.

1. What action at international level could the Commission take rapidly to reinforce controls on goods
carried by vehicles operating under the TIR scheme?

2. What ways can the Commission propose of reinforcing customs controls on goods transported under
the TIR scheme in transit through the European Union?

3. What proposals can the Commission put forward to help European companies transporting goods
under the TIR scheme?

Answer given by Mr Bolkestein on behalf of the Commission

(8 September 2000)

According to the information received by the Commission, the vehicle in which 58 people were found
dead at Dover was not operating under the international carriage of goods by road (TIR) procedure but
was engaged in internal Community transport.

Vehicles that do carry goods under the TIR procedure are sealed by customs and the vehicles must be
constructed in such a manner that no goods can be removed or introduced without leaving obvious traces
of tampering or without breaking the customs seal. The customs authorities of Member States have
reported that there is no evidence that the problems of illegal immigration are made worse by these rules.
On the contrary, they can be helpful to both immigration authorities and vehicle operators when checking
whether vehicles are carrying illegal immigrants.

1. and 2.
The problems that illegal immigration are causing for TIR operators have been discussed by
the Commission with Member States and at the United Nations(cid:146) economic commission for Europe
(UN/ECE) working party on customs questions affecting transport which deals with the application of the
TIR Convention at
illegal
immigration had caused difficulties for TIR operators in some cases, but there was no evidence that the
TIR rules themselves added to those difficulties. It was agreed that no action was necessary in relation to
TIR. That position remains unchanged and the Commission is therefore not at this stage proposing any
action at international or Community level to reinforce customs controls of goods carried under the TIR
procedure.

level. There were reports that

the action taken to combat

international

3.
In the light of the above comments, the Commission is also unable to make any proposals in relation
to the TIR procedure to help transport operators. It would, however, advise operators to follow the
existing TIR rules regarding sealing.
the operator should
immediately contact the customs or other competent authorities. If it is considered necessary to break

is found to have been broken,

If a seal

6.3.2001

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Official Journal of the European Communities

C 72 E/191

it should only be done in the presence of the customs or other authorities except that in an
seals,
emergency the carrier may take action on his own initiative. The Commission do not consider that it
would be helpful to authorise transport operators to routinely break customs seals themselves to check
whether a vehicle is carrying illegal immigrants.

The Commission believes that, at this stage, solutions to the problems of illegal immigration by means of
road transport are not to be found in the context of TIR. Nevertheless, it will continue to monitor the
situation and will propose appropriate measures at Community or international level should they become
necessary.

(2001/C 72 E/245)

WRITTEN QUESTION E-2285/00

by Karl von Wogau (PPE-DE) to the Commission

(11 July 2000)

Subject: Admission of a German citizen to employment as a hunting warden in France

The holder of a hunting lease in the Erstein region applied to the SØlØstat Erstein sub-prefecture for
authorisation to engage a German citizen as a hunting warden. After a lapse of nearly seven months a
decision was handed down by the sub-prefecture rejecting the application. It was asserted in justification
that the warden(cid:146)s place of residence, in Germany, was not compatible with the duties to be performed.
That place of residence is however only twenty minutes drive from the intended place of work.

The candidate(cid:146)s qualifications and suitability are not in question.

Does the European Commission share the view that the above refusal of authorisation is incompatible with
EU-Treaty rules as they apply to the free movement of persons?

Answer by Mr Bolkestein on behalf of the Commission

(7 September 2000)

On the basis of the information supplied by the honourable Member, the Commission cannot take a final
position on the compatibility with Community rules of the SØlestat sub-prefecture(cid:146)s decision based on the
hunting warden(cid:146)s place of residence.

The honourable Member is consequently asked to forward for consideration the documents relating to this
rejection.

In more general terms, a residence requirement imposed by the national authorities of a Member State
within its territory is a restriction both of the freedom of establishment (see judgment of 29 October 1998
in Commission versus Spain, Case C-114/97) and of the freedom of movement of workers (see judgment
of 7 May 1998, Clean Car Autoservice, Case C-350/96).

The application of such a requirement is nevertheless acceptable if it is warranted by a genuine and
sufficient threat to a basic interest of society, such as public order or security.

(2001/C 72 E/246)

WRITTEN QUESTION E-2296/00

by Concepci(cid:243) Ferrer (PPE-DE) to the Commission

(11 July 2000)

Subject: Uniform Community patent

Scientific research and technological development are driving forces behind economic growth and the
competitiveness of European SMEs and therefore effective and appropriate protection for intellectual
property is essential.