WRITTEN QUESTION E-2660/03 by Elisabeth Jeggle (PPE-DE) to the Commission. Checks on invalid MOT (road worthiness inspection) disks in EU Member States.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: Germany, Greece, free movement of goods, motor car, roadworthiness tests, single market, used goods, vehicle registration

8.4.2004

EN

Official Journal of the European Union

C 88 E/627

The UTA issue, which had been judged by the French judiciary, is being rediscussed as a result of the
Lockerbie deal (delaying the sanctions). If the UN sanctions are lifted, then those discussions between
France and Libya should conclude satisfactorily.

(2004/C 88 E/0645)

WRITTEN QUESTION E-2660/03

by Elisabeth Jeggle (PPE-DE) to the Commission

(10 September 2003)

Subject: Checks on invalid MOT (road worthiness inspection) disks in EU Member States

It has come to light that many Greek-owned private cars in Greece are still being run on German
registration plates with expired MOT disks.

This state of affairs prompts the following questions:

(cid:1) What rules and provisions must be taken into account when a car is sold within the EU?

(cid:1) For how long may Greek nationals continue to run German-registered cars?

(cid:1) What implications does it have if a German-registered car with an expired MOT disk is being driven

on the roads in Greece?

Answer given by Mr Bolkestein on behalf of the Commission

(5. November 2003)

Concerning the rules and the provisions which apply when a used passenger car, with a certificate of
conformity corresponding to a vehicle type for which EC type-approval has been granted, registered in that
Member State, is transferred for use in another Member State it is important to note that the carrying out
of checks on registration by the authorities of the Member State of destination is no longer justified. The
passenger car should be registered on the basis of EC type-approval, which is valid in all Member States.

If the vehicle has been granted a certificate of conformity on the basis of national type-approval, Member
States may not object to the type-approval and registration of that vehicle, for reasons relating to technical
characteristics, unless there are reasons regarding the protection of human health and life or of the
environment, in which case they must state them in detail and substantiate them. The fact that a vehicle
type-approved and registered in another Member State does not correspond to a type approved in the
Member State of destination or that its technical characteristics differ from those laid down in the law of
that State does not of itself constitute adequate grounds for refusing the type-approval and registration of
the vehicle concerned.

Roadworthiness tests on the physical condition of the vehicle are permissible provided that they are
necessary and non-discriminatory, that is, they are based on the same conditions and procedures as are
applied to vehicles previously registered in the Member State of destination.

A new or a used passenger car moved permanently to Greece has to be registered there if the private
individual who is the owner of the car has his normal residence in Greece. Under Community legislation (1)
normal residence means the place where a person usually lives, for at least 185 days in each calendar year,
because of personal and occupational ties. The Member State concerned (in this case, Greece) will fix the
period needed for such registration to take place (normally, it will have to be done within a short period).
This also applies when a car registered in Germany is permanently transferred into Greece following the
transfer of the normal residence of its owner to that Member State.

A passenger car with German plates can be moved temporarily to Greece for the private use of a private
individual who has his normal residence in a Member State different from Greece.
In this case, the
Community provisions in force (2) provide for a number of conditions to be fulfilled which include the
respect of the temporary character of the move which, generally, should not exceed six months in any
12 months.

C 88 E/628

Official Journal of the European Union

EN

8.4.2004

Directive 1996/96/EC (3) on roadworthiness tests introduces a number of minimum rules, including a first
compulsory roadworthiness test once the vehicle is four years old and at least every two years thereafter.
Member States have the option, however, of laying down stricter standards than these minimum rules.
Greece and Germany apply the Directive’s minimum requirement of a test every two years. Checks on the
validity of certificates and penalties for offenders are covered by the subsidiarity principle.

(1) Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a

Member State of the personal property of individuals, as amended and now valid, OJ L 105, 23.4.1983.

(2) Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of
transport temporarily imported into one Member State from another, as amended and now valid, OJ L 105,
23.4.1983.

(3) Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating

to roadworthiness tests for motor vehicles and their trailers, OJ L 46, 17.2.1997.

(2004/C 88 E/0646)

WRITTEN QUESTION P-2697/03

by Francesco Fiori (PPE-DE) to the Commission

(2 September 2003)

Subject: Anomalies in the customs treatment of, and health requirements applied to, imported chicken and

turkey

The Commission has been informed on several occasions of anomalies in the customs and health
requirements for imported chicken and turkey,
lightly salted or processed meat avoids the
imposition of Community tariff 0207, which is supposed to be applied to all frozen poultry meat.

in that

This continuing ambiguous situation is causing substantial damage to Italian (and European) producers,
who are being adversely affected by unfair trading practices, and considerable risks for consumers, who are
not adequately protected against livestock rearing and health practices which fall short of European
standards.

This being so,

1. Would the Commission publish the results of the sanitary inspections carried out on consignments of
poultry meat imported from Thailand and Brazil for the purpose of checking that it did not contain
nitrofuran and that no animal flours that failed to meet Community standards had been used in those
countries in the production of livestock for export to Europe?

2. Would the Commission inform Parliament of any measures taken to prevent possible abuses in
connection with livestock production in those countries, or unfair trading practices by importers
taking advantage of the anomalous tariffs imposed by certain European customs authorities?

3. What urgent measures does the Commission intend to take to ensure the correct and uniform
application throughout the Union of the correct consolidated tariff applicable to all frozen meat
imported into Europe, which is already applied in Germany?

Any delay in the application of such measures would cause further unjustifiable damage to European
producers, some of whom have already suffered irreparable damage.

Answer given by Mr Lamy on behalf of the Commission

(16 October 2003)

1.
As regards publication of the results of the sanitary inspections carried out on importation, it should
be noted that import controls fall entirely within the competence of the Member States. In general terms,
Member States are not required to take samples of every import consignment for laboratory analyses, nor
are they required to publish the results or inform the Commission of them. Only when a risk is identified
during these controls are Member States obliged to inform the other Member States and the Commission
via the Union’s rapid alert system (RASFF). The Commission then informs the country of origin. In the
case of nitrofuran contamination of poultry meat imported from Thailand and Brazil, specific Commission
Decisions applied, under which Member States were required to check each consignment of poultry meat
imported from these countries for the presence of nitrofurans and to notify the Commission of the results