European Parliament resolution on confiscation of automobiles by the Greek authorities (2005/2005(INI))
Date: 2006-02-14
Institutions: Committee on Petitions, European Parliament
Subjects: Greece, administrative sanction, confiscation of property, import, import tax, motor car, tax-free allowance

29.11.2006

EN

Official Journal of the European Union

C 290 E/83

TEXT PROPOSED
BY THE COMMISSION

Tuesday 14 February 2006

AMENDMENTS
BY PARLIAMENT

Amendment 3
Article 2b (new)

Article 2b

On the basis of the report referred to in Article 2a and after
consulting the European Parliament, the Council shall, where
appropriate, grant the Commission a negotiating mandate
with a view to the adoption of a new protocol.

Amendment 4
Article 2c (new)

Article 2c

The Commission shall forward to the European Parliament
and to the Council a copy of the multiannual sectoral pro-
gramme and its implementing rules referred to in Article 5 of
the Protocol.

Amendment 5
Article 2d (new)

Article 2d

When the first meeting of the Joint Committee provided for in
Article 9 of the Agreement is held, the Commission shall
inform the Solomon Islands authorities of the attendance of
shipowners' representatives at subsequent meetings of the
Joint Committee.

P6_TA(2006)0051

Confiscation of automobiles by the Greek authorities

European Parliament

resolution on confiscation of automobiles by the Greek authorities

(2005/2005(INI))

The European Parliament,

— having regard to the numerous petitions submitted to the European Parliament on confiscation of
vehicles by the Greek authorities as well as a very considerable number of official complaints registered
by the Commission,

— having regard to Article 21 of the EC Treaty, which confers on every citizen of the Union the right to

petition the European Parliament in accordance with Article 194 thereof,

— having regard to Article 194 of the EC Treaty, which confers on any citizen of the Union, and any
natural or legal person residing or having its registered office in a Member State, the right to address,
individually or in association with other citizens or persons, a petition to the European Parliament on a
matter which comes within the Community's fields of activity and which affects him, her or it directly,

— having regard to Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Com-
munity for certain means of transport temporarily imported into one Member State from another (1),

(1) OJ L 105, 23.4.1983, p. 59. Directive as last amended by the 2003 Act of Accession.

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— having regard to the judgment of the Court of Justice of the European Communities of 12 July 2001 in

Case C-262/99 Louloudakis (1),

— having regard to the action brought before the Court of Justice of the European Communities on

26 March 2004 in Case C-156/04 Commission v Greece (2),

— having regard to Rule 192(1) of its Rules of Procedure,

— having regard to the report of the Committee on Petitions (A6-0394/2005),

A.

considering the substantial issues and serious problems raised by the petitioners and noting the observ-
ation by the Court of Justice of the European Communities regarding ‘the effect which the right to drive
a motor vehicle has on the actual exercise of the rights relating to the free movement of persons’ within
the European Union (3),

B. whereas the petitioners fulfilled the conditions for the exemption, laid down in Directive 83/182/EEC,
from, in particular, turnover tax, excise duties and any other consumption tax in respect of temporary
imports from another Member State of motor-driven road vehicles, since they all had their ‘normal
residence’, i.e. the place where they live for at least 185 days in each calendar year because of personal
and occupational ties, in a Member State other than Greece,

C. whereas the petitioners were able to give proof of their place of normal residence by appropriate

means, such as their identity cards or other valid documents,

D. whereas the imposition of a special administrative penalty, and in particular fines set at a flat rate on
the basis of the sole criterion of the cubic capacity of the vehicle, with no account being taken of its
age, and of an increased duty, which can amount to up to ten times the customs duty, is incompatible
with the Community principle of proportionality,

E.

bearing in mind the obligations of the institutions of the European Union and of the Member States
towards their citizens, as laid down in the Treaties,

Expresses its great concern that, as far as the specific cases referred to in the petitions are concerned,

1.
the Greek authorities did not apply the exemption laid down in Directive 83/182/EEC;

2.
Notes that in spite of this the Greek customs authorities claimed that the petitioners were guilty of
evasion or attempted evasion of payment of the tax and failure to observe the formalities laid down by the
Greek Customs Code; notes also that the petitioners were required to pay an increased duty amounting to
up to ten times the customs duty;

3.
Considers that the administrative measures as a whole, which Greece has decided are appropriate in
the field of customs contraventions and which, as far as the petitioners are concerned, have led to penalties
amounting to many times the original purchase price of the vehicle, impede the free movement of goods
and persons;

4.
Is aware of the fact that, in the absence of harmonisation of Community legislation in the field of the
penalties applicable, when conditions laid down by arrangements under such legislation are not observed,
the Member States are empowered to choose the penalties which seem appropriate to them; considers,
nevertheless, that Member States must exercise that power in accordance with Community law and its
general principles, and consequently with the principle of proportionality;

5.
Is aware of the fact that the choice of penalty when dealing with infringements relating to temporary
importation of certain means of transport is a matter of national law, as is the question of ascertaining
whether account must be taken of the good faith of the offender; considers, nevertheless, that in order to
promote the freedoms guaranteed by the Treaties, account must be taken of the good faith of the offender
when determining the penalty to be imposed on him, where determination of the rules applicable has given
rise to difficulties;

[2001] ECR I-5547.

(1)
(2) OJ C 106, 30.4.2004, p. 47.
(3)

Judgment in Case C-193/94 Skanavi and Chryssanthakopoulos [1996] ECR I-929, paragraph 36.

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6.
Notes that a very substantial number of vehicles have been seized, confiscated and sold at auction,
which it considers incompatible with the principles of the European Union's Charter of Fundamental Rights,
and in particular Chapter VI thereof (entitled ‘Justice’), and not justified by any overriding requirements of
enforcement and prevention, when the gravity of the infringement is taken into account; remarks that, as
the Court of Justice has previously pointed out, as regards the ‘irregular’ use of a vehicle in another Member
State, penalties other than confiscation are possible;

7.
Considers the confiscation of the vehicles, and the fact that the petitioners are deprived of the use
thereof for many years, to be contrary to the right of property and freedom of movement, and that the
petitioners have a right to be properly compensated, bearing in mind the prejudice caused to their livelihood
and good character;

8.
Urges the Greek authorities to fulfil without delay the Hellenic Republic's obligations under the Treaty
and to comply with the rules laid down in Community legislation and particularly Directive 83/182/EEC, so
that the Commission may withdraw its legal action;

Should the Greek authorities fail to do that, calls on the Commission to proceed without delay with its

9.
legal action against the Hellenic Republic;

Instructs its President to forward this resolution and the relevant report of the committee responsible

10.
to the Council, the Commission and the Greek Government and Parliament.

P6_TA(2006)0052

Exposure of workers to artificial optical radiation ***III

European Parliament legislative resolution on the joint text approved by the conciliation committee
for a directive of the European Parliament and of the Council concerning the minimum health
and safety requirements regarding the exposure of workers to risks arising from physical agents
(19th individual directive within the meaning of Article 16(1) of
(artificial optical radiation)

Directive 89/391/EEC) (PE-CONS 3668/3/2005 — C6-0001/2006 — 1992/0449B(COD))

(Codecision procedure: third reading)

The European Parliament,

— having regard to the joint text approved by the Conciliation Committee (PE-CONS 3668/3/2005 —

C6-0001/2006),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(1992)0560) (2),

— having regard to the amended proposal (COM(1994)0284) (3),

— having regard to its resolution of 16 September 1999 on current legislative procedures in the field of
employment and social affairs (Commission communication to the European Parliament and the Coun-
cil — Effects of the entry into force of the Amsterdam Treaty) (SEC(1999)0581 — C4-0219/1999) (4),

— having regard to its position at second reading (5) on the Council common position (6),

— having regard to the Commission's opinion on Parliament's amendments to the common position

(COM(2005)0526) (7),

(1) OJ C 128, 9.5.1994, p. 146.
(2) OJ C 77, 18.3.1993, p. 12.
(3) OJ C 230, 19.8.1994, p. 3.
(4) OJ C 54, 25.2.2000, p. 75.
(5) Texts Adopted, 7.9.2005, P6_TA(2005)0329.
(6) OJ C 172 E, 12.7.2005, p. 26.
(7) Not yet published in OJ.