WRITTEN QUESTION E-3386/01 by Daniel Hannan (PPE-DE) to the Commission. UK Customs action on alcohol and tobacco.
Date: 2001-12-07
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, alcoholic beverage, customs regulations, free movement of goods, infringement procedure (EU), quantitative restriction, tobacco

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laundering (depending on the origin of the funds) or Community Regulations imposing financial sanctions
(depending on the recipient or destination). The mere fact that these money transfer facilities would also be
offered to illegal immigrants does not of itself render them illegal.

In view of the allegations concerning financing of terrorist activities, the Financial Action Task Force on
Money Laundering (FATF/GAFI) recommended, on 30 October 2001, that, among other actions, those that
provide a service for the transmission of money or value, including transmission through an informal
money or value transfer system or network, should be licensed or registered, and that they should be
subject
to the laws and regulations aimed at preventing money laundering that apply to financial
institutions. The FATF also agreed that persons or legal entities that carry out this service illegally should
be subject to administrative, civil or criminal sanctions (Special Recommendation No VI).

If, as alleged, a specific sum is levied which is intended as financial support for the Taliban, the transfer of
such financial support to the Taliban is likely to be in breach of Council Regulation (EC) No 467/2001 of
6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight
ban and extending the freeze of
the Taliban of
Afghanistan (1). However, the Commission does not have any evidence at its disposal that would show that
one or more persons or entities in the Community or under its jurisdiction have engaged in a transfer of
financial resources in breach of Council Regulation (EC) No 467/2001.

funds and other financial resources in respect of

The Commission will keep the matter of financial transfers by means of the Hawala system under review
and propose amendments to relevant Community instruments, where appropriate.

(1) OJ L 67, 9.3.2001.

(2002/C 172 E/052)

WRITTEN QUESTION E-3386/01

by Daniel Hannan (PPE-DE) to the Commission

(7 December 2001)

Subject: UK Customs action on alcohol and tobacco

The UK Government has interpreted the guidelines laid down in Directive 92/12/EEC (1) on excise duties as
allowing them to prevent the import of cigarettes and alcohol in any quantities greater than the minimum
levels set out in that Directive, even where the cigarettes and/or alcohol are for private use. Not only have
travellers had legal purchases of alcohol and tobacco impounded, they have even, on occasions, had their
vehicles confiscated.

Given this outrageous behaviour, can the Commission indicate the scope and content of its inquiry? Will it
say what the consequences will be if it is shown that the British authorities have acted disproportionately
in this matter and without regard to the free movement of goods within the Union? What punitive
measures are available to the Commission if it finds that the Customs and Excise Service has acted ultra
vires?

(1) OJ L 76, 23.3.1992, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(28 January 2002)

On 23 October 2001 the Commission decided to issue a letter of formal notice to the United Kingdom,
thereby taking the first step in an infringement procedure under Article 226 (ex Article 169) of the EC
Treaty. The Commission is seeking to determine whether British authorities apply the rules of Council
Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty

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and on the holding, movement and monitoring of such products properly when they establish whether
private individuals entering the United Kingdom with excised goods purchased in other Member States are
holding these goods for commercial purposes (in which case excise duties on the goods are due in the
United Kingdom). The Commission is also concerned that the sanctions applied by the United Kingdom
when individuals are deemed to be holding excised goods for commercial purposes in breach of national
excise duty law may be contrary to the principle of proportionality, a general principle of Community law.

The Commission received a response to its letter of formal notice on 18 December 2001, which will be
analyzed as quickly as possible. In the light of this analysis, the Commission will determine whether or not
in its view, the United Kingdom is acting in conformity with Community law, and will decide whether it is
appropriate to proceed to the second stage of the infringement procedure, which is a formal request for
the United Kingdom to change its practices, in the form of a reasoned opinion. The Commission can refer
a Member State to the Court of Justice for failure to apply Community law properly.

(2002/C 172 E/053)

WRITTEN QUESTION P-3390/01

by Gerard Collins (UEN) to the Commission

(6 December 2001)

Subject: Outcome of the Commission visit to India and Bangladesh in November 2001

Will the Commission make a statement on the outcome of its recent visit to India and Bangladesh
(20-24 November 2001), and will it outline, in particular, the future strategy that it believes should be
pursued by the EU with regard to further developing trade and educational and cultural links?

Answer given by Mr Lamy on behalf of the Commission

(11 January 2002)

The Commission will be pleased to report and to exchange views with the Parliament on Commissioner
Lamy’s recent visits to both Bangladesh and India (20-24 November 2001) concurrently with President
Prodi’s visit to India in the context of the EU-India Summit (22-23 November 2001), if the Parliament so
wishes.

Commissioner Lamy visited Dhaka on 20 and 21 November 2001 in order to attend a seminar organised
by the Government of Bangladesh on the ‘Everything but Arms (EBA)’ initiative which allows duty-free and
quota-free access to the EU market for all products originating in the 49 poorest countries including
Bangladesh. The visit coincided with the First
Joint Commission Meeting under the EC-Bangladesh
Partnership and Co-operation Agreement. It was complemented by a wide range of governmental and
industry contacts. The focus of the visit was on the need for a diversification of Bangladesh’s exports in
order to allow the country to fully use the possibilities offered by EBA and overcome its exclusive
dependence on exports of ready-made garments. The EU will provide trade-related technical assistance for
this purpose.

The EU-India Summit (23 November) provided a good demonstration of EU’s and India’s full commitment
to fight terrorism, in particular through a Joint Declaration against international terrorism. It allowed both
sides to take stock of important progress since the first Summit in Lisbon: signature of an Agreement on
Science and Technology, an Information Technology vision statement, the acknowledgement of great
progress in bringing together our civil societies (Round Table and Think Tanks network), start of
negotiations on a customs agreement and of maritime transports talks and other substantial results. The
progress made on the economic front were especially visible at the closure of the Business Summit which
submitted a set of recommendations to enhance trade and investment in four sectors (food processing,
engineering, telecommunications, information technology) to the Leaders. There was a clear call on both
sides to support a rapid expansion of the trade and investment between both markets. Both sides also
noted with satisfaction the results of the WTO Ministerial in Doha.