WRITTEN QUESTION E-1110/01 by Christoph Konrad (PPE-DE) to the Commission. Unjust penalisation of German haulage firms by UK immigration authorities.
Date: 2001-04-06
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, border control, fine, illegal migration, national law, restriction on competition, transport company

13.11.2001

EN

Official Journal of the European Communities

C 318 E/205

The Commission is preparing a Green Paper which will cover the practical arrangements connected with
setting up the office of European public prosecutor with power to protect the Community(cid:146)s financial
interests. It should adopt the Green Paper before the end of 2001.

(1) Commission Opinion of 26 January 2000 Adapting the institutions to make a success of enlargement,
COM(2000) 34 final and the Communication of 29 September 2000 Additional Commission contribution to the
Intergovernmental Conference on institutional reforms. The criminal protection of the Community(cid:146)s financial
interests: A European Prosecutor, COM(2000) 608 final.

(2001/C 318 E/224)

WRITTEN QUESTION E-1110/01

by Christoph Konrad (PPE-DE) to the Commission

(6 April 2001)

Subject: Unjust penalisation of German haulage firms by UK immigration authorities

In the Commission(cid:146)s view, are the UK(cid:146)s stricter (cid:145)border controls(cid:146) on Union citizens entering the
immigration, consistent with

in order to combat illegal

1.
country by bus or car from Member States,
European law?

2.
In the Commission(cid:146)s view, is the heavy fine of GBP 2 000 per illegal immigrant imposed by the UK
immigration authorities on German haulage firms in the event of such individuals being found in their
lorries or containers, when those firms are not culpable, consistent with European law?

Given that haulage firms operating to the UK are already forced to make expensive additional investment
in safety precautions and driver training, what is the Commission doing in response to this distortion of
competition?

Answer given by Mr Vitorino on behalf of the Commission

(16 May 2001)

According to the Commission(cid:146)s information, the checks that the British authorities make on Union
1.
citizens travelling to the United Kingdom by bus or car are consistent with Community law, which states
that Union citizens may enter the territory of a Member State merely on presentation of a valid identity
card or passport.

2.
Community law as it stands does not deal with the responsibility of road haulage firms for persons
who are on board vehicles and who do not have the travel documents required for entry into the territory
of the Member States.

The requirement to comply with safety precautions and provide driver training does not in itself constitute
a distortion of competition. The British inspection measures do not make any distinction as regards the
origin of the goods or the nationality of the road haulage firm concerned. The Commission is therefore of
the opinion that the Immigration and Asylum Act 1999 does not contravene Community law.

The Honourable Member is also referred to the answer given by the Commission to Written Question P-
4024/00 by Ms Doyle (1).

The Commission will, however, continue to monitor this problem and to examine any implications for
Community law.

(1) OJ C 235 E, 21.8.2001, p. 50.