WRITTEN QUESTION P-1792/01 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Current system of car taxation and its inconsistency with the internal market and free trade.
Date: 2001-06-12
Institutions: European Parliament, Provisional data
Subjects: drafting of EU law, motor car, tax harmonisation, tax system

20.12.2001

EN

Official Journal of the European Communities

C 364 E/207

(2001/C 364 E/226)

WRITTEN QUESTION E-1791/01

by Roberta Angelilli (UEN) to the Commission

(19 June 2001)

Subject: Complaint to the European Commission of Human Rights

In 1996, Mr Mario Rainaldi lodged a complaint with the European Commission of Human Rights. That
complaint was received by the secretariat on 8 August 1996 and recorded under the number 33698/96 on
7 November 1996.

Given that almost five years have gone by since then, and that Mr Rainaldi(cid:146)s lawyer, Andrea Martire, not
only sent a registered letter on 27 October 2000, politely asking for news of the complaint, but has also
repeatedly telephoned the secretariat of the European Commission of Human Rights, can the Commission
say:

1. how such a situation has come about;

2. why no action has yet been taken on the matter?

Answer given by Mr Vitorino on behalf of the Commission

(31 July 2001)

It is not for the Commission to express an opinion on a matter concerning a Council of Europe
organisation based in Strasbourg.

With the entry into force of Protocol No 11 to the European Convention on Human Rights, the European
Commission of Human Rights was dissolved. The Honourable Member should accordingly seek a reply to
her questions from the European Court of Human Rights (1).

(1) European Court of Human Rights, The Council of Europe, F-67075 Strasbourg Cedex.

(2001/C 364 E/227)

WRITTEN QUESTION P-1792/01

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(12 June 2001)

Subject: Current system of car taxation and its inconsistency with the internal market and free trade

In its answer to Question E-3519/00 (1), the Council accepts that it is empowered to act with regard to the
harmonisation of indirect taxation, to the extent that such harmonisation is necessary to ensure the
establishment and the functioning of the internal market. However, to do so, the Council continues, it
must receive a proposal from the Commission, which it has not yet received. In its work programme for
2001, the Commission announced that it intended to submit this year a communication on the taxation of
vehicles in the European Union.

Can the Commission provide information, even in broad terms, about the general guidelines for tackling
this problem provided for in the above communication? Does it intend to go further by drawing up
a legally binding proposal?

(1) OJ C 235 E, 21.8.2001, p. 5.

Answer given by Mr Bolkestein on behalf of the Commission

(17 July 2001)

As the Honourable Member is aware, there is little Community legislation, or harmonisation of national
fiscal provisions, applied by the Member States in the area of vehicle taxation. Existing harmonisation

C 364 E/208

Official Journal of the European Communities

EN

20.12.2001

concerns two Council Directives, adopted in 1983: Directive 83/182/EEC of 28 March 1983, concerning
tax exemptions for certain means of
temporarily imported into one Member State from
another (1), and Directive 83/183/EEC of 28 March 1983, concerning tax exemptions applicable to
permanent imports from one Member State to another of the personal property of individuals (1), including
passenger cars. Approximation of vehicle taxation levels has proven very difficult to achieve due to the
unanimity rule required for decisions on fiscal matters.

transport

The Commission presented a Proposal for a Council Directive (2) in 1998, with the overall objective of
bringing the tax treatment of vehicles, which accompany private individuals moving from one Member
State to another, more in line with the concept and principles of the single Market. The Proposal also
intended to update the provisions of the two Council Directives mentioned above and to repeal and
replace them by a single, consolidated Directive. Situations such as double payment of registration tax, or
payment of excessive amounts of vehicle taxes, which have been the subject of repeated complaints by
citizens or of judgements by the Court of Justice were also addressed in this Proposal. Member States only
discussed the Proposal once, in February 1999, and it remains on the Council(cid:146)s table. The Parliament gave
its favourable opinion on the Proposal in June 1999.

The Commission intends to present a Communication on vehicle taxation before the end of this year, or
early in 2002. This will launch a discussion, with Member States and other Community Institutions, on
future options for action at Community and national levels. The Commission will wait until the outcome
of
this discussion is known, before taking any initiative in the area of vehicle taxation. The
Communication will, therefore, not be accompanied by any legal proposal.

Concerning the general guidelines of the Communication, the Commission is pleased to inform the
Honourable Member that they will address specific fiscal and environmental aspects of vehicle taxation.
Other vehicle taxation related issues, such as double payment, or non-refund, of registration tax paid when
private motor vehicles are moved permanently to another Member State and the orientations taken by the
Court of Justice in its jurisprudence, will be taken into account.

(1) OJ L 105, 23.4.1983.
(2) OJ C 108, 7.4.1998.

(2001/C 364 E/228)

WRITTEN QUESTION E-1796/01

by Antonios Trakatellis (PPE-DE) to the Commission

(19 June 2001)

Subject: Licensing of radio stations and measures to guarantee pluralism regarding the mass media

The Greek Government has adopted legislation regarding the licensing of radio stations on the basis of
questionable studies, with the result that, on grounds of public policy, licences have been issued for only
28 wavebands and withheld from radio stations enjoying high ratings. This has resulted in a stalemate and
has proved particularly harmful to a large number of radio stations, to say nothing of infringing the
principle of free and pluralist mass media and Article 6 of the TEU.

According to the findings of a specialist working party which were submitted to the Greek parliament, it is
possible for 39 wavebands to operate in Attiki. Accordingly the Greek Government was acting illegally by
failing to respect the democratic and social rights of the Greek public.

In view of this selective licensing of radio stations and the flagrant violation of fundamental rights which
has occurred:

1. Are not the Member States expressly required to ensure respect for, and protection of the above
principles, in particular that of media plurality? To what extent is this really being achieved in the
light of developments such as the above?