WRITTEN QUESTION P-2286/03 by Ozan Ceyhun (PSE) to the Commission. Customs regulations at the Serbia and Montenegro (former Yugoslavia) border.
Date: 2003-07-07
Institutions: European Parliament, Provisional data
Subjects: EU relations, Serbia and Montenegro, Türkiye, customs formalities, customs regulations, free movement of capital

8.4.2004

EN

Official Journal of the European Union

C 88 E/397

In the light of the above, could the Commission indicate:

1. what action it will take to protect European citizens in Venezuela and to avert their potential return

migration;

2. whether it is considering any form of action to address the unconstitutional measures and human

rights violations of which the present Venezuelan Government stands accused;

3. whether the European Union plans to send international observers to Venezuela to ensure that the

referendum is conducted lawfully and reflects the opinions of the inhabitants of that country?

Answer given by Mr Patten on behalf of the Commission

(30 July 2003)

The Commission is closely following the political situation in Venezuela. The Union has fully supported
the Organisation of American States, together with the United Nations Development Program (UNDP) and
the Carter Centre in the tripartite working group, and the Group of Friends, in their efforts to facilitate a
national dialogue. The Union, in several Declarations, has emphasised the need for a peaceful, democratic,
constitutional and electoral solution. In its last Declaration of 5 June 2003, the Union welcomed the
Venezuelan Government and opposition’s signing of a political agreement on 29 May 2003 and called
upon all parties to proceed without delay to the necessary follow-up needed to implement the Agreement.
It also stressed that the Union stands ready to assist in the implementation of the Agreement, which
comprises support for an electoral solution, investigation of the events of April 2002, and disarming the
civilian population.

In order to do so, the Commission signed a project to assist the Organisation of American States in its
efforts to implement the Agreement. The amount budgeted is EUR 600 000.

In the event that an electoral consultation takes place, the Commission is ready to consider a possible
Election Observation. The final decision on whether to send an Election Observation Mission would be
made on the basis of receiving an invitation from the Venezuelan authorities which could open up the
possibility for a possible Exploratory Mission which would assess whether an Union observation is
advisable, useful and feasible.

No specific actions to protect Union citizens in Venezuela have been taken at the Union level. Their
protection and support is normally ensured by their Member States of origin.

(2004/C 88 E/0403)

WRITTEN QUESTION P-2286/03

by Ozan Ceyhun (PSE) to the Commission

(7 July 2003)

Subject: Customs regulations at the Serbia and Montenegro (former Yugoslavia) border

I have received a fax from the Consul-General of the Republic of Turkey in Frankfurt drawing attention to
border and entry regulations in Serbia and Montenegro (former Yugoslavia). This information relates to
Turkish citizens legally resident in the Union and EU citizens of Turkish extraction. I subsequently read an
article on the subject in the Turkish newspaper ‘Millyet’. The newspaper reported that, under these
regulations, foreign citizens travelling to Serbia and Montenegro are required to declare the amount of
foreign currency they are carrying to the customs office if that amount exceeds EUR 2 000. Otherwise, the
authorities of Serbia and Montenegro withhold the amount in excess of EUR 2 000 on their departure from
the country. Around EUR 1 million have been withheld in this way from more than 190 Turkish citizens
who were travelling to Turkey over land through Serbia and Montenegro. Refunding the money is reported
to take between two and five years, owing to the lengthy bureaucratic and legal procedures. Oral
declarations on sums of money exceeding EUR 2 000 are not accepted. It is compulsory to fill out written
declaration forms.

Does the Commission have any information regarding this problem? We would request the Commission’s
assistance in finding a solution. What steps is the Commission prepared to take in order to resolve this
problem?

C 88 E/398

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Patten on behalf of the Commission

(4 August 2003)

Reporting obligations and exchange restrictions on import and export of currencies are not unusual for
countries that aim to prevent money laundering and/or control capital outflows.

On 27 April 2002, a new Foreign Exchange Law has come into force in the Federal Republic of Yugoslavia
foreign currency a number of
(now Serbia and Montenegro). Concerning the physical
restrictions are in place, in particular with regard to taking it out of the country.

transfer of

The Customs administration may temporarily seize (against a certificate) from both residents and non-
residents at border crossings Dinars, foreign cash, checks and securities that exceed the amount prescribed
by the ‘National Bank of Yugoslavia’.

The measures are not targeted at nationals of any specific country or origin. Reportedly, also citizens from
other European Union countries have also been subject to these measures.

The Commission intends to inform the Minister of International Economic Relations of the State Union,
Minister Lukovac, of this worrying situation with particular emphasis on the long period (2-5 years) that is
reported to elapse between seizure of currency and reimbursement. In addition, the Commission will
suggest that at all border crossings, information about the requirement to report on the import and export
of foreign currency is presented in the clearest possible way to the travellers, so as to minimise the cases in
which the required written declaration that a sum larger than the maximum amount (EUR 2 000) is taken
into the country is forgotten to be requested.

As far as the Community assistance is concerned,
the Community Assistance to Reconstruction,
Development and Stabilisation Programme (CARDS) (1) and other Community instruments in the context
of the Stabilisation and Association Process are already contributing to the reform process that will bring
Serbia and Montenegro’s legislation in line with the EU Acquis. This will imply also a liberalisation of
foreign exchange transactions in the medium term.

(1) Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina,
Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation
(EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC
and 1999/311/EC, OJ L 306, 7.12.2000.

(2004/C 88 E/0404)

WRITTEN QUESTION E-2296/03

by Alejo Vidal-Quadras Roca (PPE-DE) to the Commission

(11 July 2003)

Subject: Autonomous Community levy on the premises occupied by large commercial enterprises

On 31 October 2002 the author of this question tabled a parliamentary question to the Commission
(Written Question P-3185/02 (1)) on the serious restriction of freedom of establishment caused by the levy
on premises occupied by large commercial enterprises introduced by Law 16/2000 of
the Catalan
Autonomous Community. In his answer of 17 December 2002 on behalf of the Commission, Mr Monti
said that the Commission had no intention whatsoever of authorising the retention of any rules contrary
to Article 43 of the EC Treaty relating to freedom of establishment.

However, there is as yet no indication that the Directorate-General for the Internal Market, which is
competent in this sphere, has taken any action against the Spanish authorities with regard to Catalan laws
16/2000 and 17/2000, which hamper freedom of establishment for Community businesses.