WRITTEN QUESTION E-3292/02 by Christos Folias (PPE-DE) to the Commission. Imported used cars in Greece.
Date: 2002-11-20
Institutions: European Parliament, Provisional data
Subjects: Greece, air quality, import, infringement of EU law, judgment of the Court (EU), motor vehicle, technical standard, used goods, vehicle tax

12.6.2003

EN

Official Journal of the European Union

C 137 E/187

(2003/C 137 E/211)

WRITTEN QUESTION P-3289/02

by Mario Borghezio (NI) to the Commission

(14 November 2002)

Subject: Saving the André Breton and Surrealism archives from auction sale

It has been officially announced that the vast collection of artworks, paintings, books and photographs, as
well as all the archives of the surrealist movement, kept in André Breton’s house (42 rue Fontaine, Paris)
since his death in 1966, are to be sold at an auction in April 2003 at the Hôtel Drouot, in Paris.

It would be extremely regrettable if this very important cultural treasure were to be dismembered through
a public sale.

Does the Commission not consider that this quite outstanding, and indeed unique, collection of surrealist
art should be kept together and remain open to researchers and the general public, given its importance in
documenting 20th-century European culture?

Answer given by Mrs Reding on behalf of the Commission

(9 December 2002)

While the Commission shares the opinion of the Honourable Member, it must be pointed out that there is
no legal basis at Community level for an action such as the one referred to in the issue raised.

Article 151 of the EC Treaty lays down that it is within the scope of the Community to:

(cid:1) encourage cultural cooperation between Member States;

(cid:1) support and supplement (with financial backing if necessary) the action of the Member States in the

following areas:

(a)

improvement of the knowledge and dissemination of the culture and history of the European
peoples;

(b) conservation and safeguarding of cultural heritage of European significance;

(c) non-commercial cultural exchanges;

(d) artistic and literary creation, including in the audiovisual sector.

Consequently, the issue raised by the Honourable Member is a matter for the Member State and not for the
Community.

(2003/C 137 E/212)

WRITTEN QUESTION E-3292/02

by Christos Folias (PPE-DE) to the Commission

(20 November 2002)

Subject: Imported used cars in Greece

It is known that Greece was condemned by the European Court of Justice (Case 375/95) on the grounds
that, by imposing a special duty by category on imported used passenger vehicles meeting the
requirements of Directive 94/12/EC (1), Greek legislation was infringing Community law. To date, Greece
has not yet complied with the Court’s judgment.

What steps should the Commission have taken to enforce the above ruling? Why has the Commission not
yet taken the necessary measures or initiated the relevant established proceeding applicable here?

When will Article 228(2) of the Treaty be implemented?

(1) OJ L 100, 19.4.1994, p. 42.

C 137 E/188

Official Journal of the European Union

EN

12.6.2003

Answer given by Mr Bolkestein on behalf of the Commission

(14 January 2003)

As the honourable Member indicates, in 1997 the Court of Justice ruled that Greek legislation imposing a
special registration tax on certain imported cars that met the requirements of Directive 94/12/EC (1) was in
violation of Community law (2).

Greece did not comply with the judgment and was sent a letter of formal notice under Article 228 of the
EC Treaty on 31 August 1998. In their reply of 18 March 1999, the Greek authorities sent new law
No 2682/1999 on the taxation of vehicles.

Having examined this law, the Commission found that:

(cid:1) the method of calculating the taxable value of second-hand cars had been altered with the
introduction of a sliding scale of flat-rate depreciation from 14 % for cars aged two years or less,
up to 67 % for cars aged ten years or more;

(cid:1) second-hand cars with ‘anti-pollution’ technology from eligibility for reduced rates of tax were no
longer excluded, so that second-hand cars now benefit from the rates applied to ‘anti-pollution’ cars
according to the scale being gradually applied in Greece since 1989. In the Commission’s view,
by limiting the scale of depreciation for a vehicle at ten years, given that depreciation does not stop at
ten years, Greece was still in infringement of Article 90 of the EC Treaty.

The Commission sent a reasoned opinion on the second point on 18 September 2000. Greece answered
on 17 April 2001.

After considering its reply the Commission found that:

(cid:1) as regards the method of calculating the depreciation of second hand cars, the system should be
revised in the light of the Gomes Valente (3) judgment. Although law No 2892/2001 revised the
depreciation coefficients, the new taxation system differed substantially from the one censured by the
Court of Justice. A new infringement procedure had to be initiated. A letter of formal notice under
Article 226 of the EC Treaty was sent on 26 April 2002;

(cid:1) as regards the exclusion of imported second-hand cars from eligibility for the reduced rates of special
consumer tax applicable to vehicles with anti-pollution technology, since 1 January 2001 Greece has
increased (almost doubled) the rates for second hand vehicles first put into service in 1996 and
thereafter, since it considers that such vehicles now have a more polluting effect because of their age.
On the same grounds it has also doubled the rate for older vehicles, which were already taxed at a
double rate. On 26 April 2002 the Commission sent Greece a further letter of formal notice under
Article 228 of the EC Treaty in respect of these legislative changes.

On 22 August 2002 the Greek authorities replied jointly to the letter of formal notice under Article 226
(calculation of taxable value) and the letter of formal notice under Article 228 (anti-pollution technology).

Greece recognised its obligation to apply Court of Justice decisions and informed the Commission that the
Ministry of Economic Affairs is considering the restructuring of the tax system for motor cars as part of its
restructuring and modernisation of the country’s taxation system. This major fiscal reform process is under
way and decisions will shortly be taken with a view to drafting legislation which,
if approved by
Parliament, will then be applied.

On 6 November 2002 the Commission sent a letter to the Greek authorities requesting information on the
legislative procedure and an exact timetable.

(1) Directive 94/12/CE of the Parliament and of the Council of 23 March 1994 relating to measures to be taken against

air pollution by emissions from motor vehicles and amending Directive 70/220/EEC, OJ L 100, 19.4.1994.
Judgment C-375/95 of 23 October 1997.
Judgment C-393/98 of 22 February 2001.

(2)
(3)