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2005/2005(INI) Confiscation of vehicles by the Greek Authorities

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead PETI CASHMAN Michael (icon: PSE PSE)
Lead committee dossier:
Legal Basis:
RoP 227-p2

Events

2006/07/04
   EC - Commission response to text adopted in plenary
Documents
SP(2006)1347
2006/03/09
   EC - Commission response to text adopted in plenary
Documents
SP(2006)1012
2006/02/14
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2006/02/14
   EP - Decision by Parliament
Details

The European Parliament adopted a resolution based on the own-initiative report drafted by Michael CASHMAN (PES, UK) on the confiscation of automobiles by the Greek authorities. (Please refer to the summary dated 23/11/2005.)

The background to the petitions addressed to Parliament is as follows: on the 28 March 1983, Council Directive 83/182/EEC was implemented. This Directive concerns tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another. The application of this directive in Greece has been problematic, involving complexities relating to the determination of “ normal residence”, the penalties implemented in cases of infringement of the rules, and the extent to which the “ good faith” of the perpetrator is taken into account. Consequently, there have been a number of irregularities which have occurred in Greece when the custo ms authorities, suspecting that the petitioner's foreign registered vehicles were being illegally imported and used in Greece, confiscated the vehicles.

Parliament e xpressed its great concern that, as far as the specific cases referred to in the petitions were concerned, the Greek authorities did not apply the exemption laid down in Directive 83/182/EEC. 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. Parliament also noted that the petitioners were required to pay an increased duty amounting to up to ten times the customs duty.

It considered that the administrative measures as a whole, which Greece had 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. Whilst Parliament was aware of the fact that, in the absence of harmonisation of Community legislation in the field of the penalties applicable, the Member States are empowered to choose the penalties that seem appropriate to them, it felt, nevertheless, that Member States must exercise that power in accordance with Community law and with the principle of proportionality.

Parliament stated that it was also aware of the fact that the choice of penalty when dealing with infringements relating to temporary importation of certain means of transport was a matter of national law, as is the question of ascertaining whether account must be taken of the good faith of the offender. Nevertheless, it considered 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.

A very substantial number of vehicles have been seized, confiscated and sold at auction. This was incompatible with the principles of the European Union's Charter of Fundamental Rights, and not justified by any overriding requirements of enforcement and prevention, when the gravity of the infringement is taken into account. 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.

Parliament considered that the confiscation of the vehicles, and the fact that the petitioners are deprived of their use 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. It urged Greece to fulfil its 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, Parliament called on the Commission to proceed without delay with its legal action against the Hellenic Republic.

Documents
T6-0051/2006
2006/02/14
   EP - End of procedure in Parliament
2006/02/13
   EP - Debate in Parliament
Documents
Debate in Parliament
2005/12/06
   EP - Committee report tabled for plenary, single reading
Documents
A6-0394/2005
2005/12/06
   EP - Committee report tabled for plenary
Documents
A6-0394/2005
2005/11/23
   EP - Vote in committee
Details

The committee adopted the own-initiative report by Michael CASHMAN ( PES , UK ) on the confiscation of automobiles by the Greek authorities, which has been the subject of numerous petitions to the European Parliament. The petitions describe a number of irregularities which have occurred in Greece when the customs authorities, suspecting that the petitioner's foreign-registered vehicles were being illegally imported and used in Greece , confiscated the vehicles. Although the petitioners fulfilled the conditions for the tax exemptions laid down in Directive 83/182/EEC for temporary imports of vehicles from one Member State into another, since they all had their "normal residence" in a Member State other than Greece, they were fined heavily and also required to pay an increased duty consisting of up to ten times the normal customs duty. Despite their repeated representations to the various legal authorities in Greece , the judgement the European Court of Justice in case C-262/99 (Paraskevas Louloudakis v. Elliniko Dimosio) and the legal action by the European Commission against the Hellenic Republic (Case C-156/04), the problem of the confiscation of the automobiles has not yet been resolved.

MEPs expressed "great concern" that the Greek authorities did not apply the relevant exemption to these specific cases, and said that the seizure, confiscation and sale of a very substantial number of vehicles was incompatible with the principles of the EU's Charter of Fundamental Rights. They added that the confiscation of the vehicles, and the fact that the petitioners were deprived of the use of them for many years, was "contrary to the right of property and freedom of movement", and said that the petitioners had a right to be "properly compensated". The report concluded by urging the Greek authorities to comply with the rules laid down in Directive 83/182/EEC, failing which the Commission should "proceed without delay" with its legal action against the Hellenic Republic .

2005/06/02
   EP - Amendments tabled in committee
Documents
PE359.939
2005/02/24
   EP - Committee referral announced in Parliament
2005/01/18
   EP - CASHMAN Michael (PSE) appointed as rapporteur in PETI

Documents

Activities

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (10) Changes | Timetravel
docs/0
date
2005-06-02T00:00:00
docs
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2006-07-04T00:00:00
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EC
2021-12-18Show (11) Changes | Timetravel
docs/2/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-6-2005-0394_EN.html
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New
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events/5
date
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summary
events/5
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2006-02-14T00:00:00
type
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docs
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summary
procedure/legal_basis/0
Rules of Procedure EP 227-p2
procedure/legal_basis/0
Rules of Procedure EP 216-p2
2020-01-19Show (7) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Petitions
committee
PETI
rapporteur
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type
Responsible Committee
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PETI
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2005-01-18T00:00:00
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docs/3/body
EC
docs/4/body
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New
http://www.europarl.europa.eu/doceo/document/TA-6-2006-0051_EN.html
2019-07-06Show (11) Changes | Timetravel
activities
  • date: 2005-02-24T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: PETI date: 2005-01-18T00:00:00 committee_full: Petitions rapporteur: group: PSE name: CASHMAN Michael
  • date: 2005-11-23T00:00:00 body: EP committees: body: EP responsible: True committee: PETI date: 2005-01-18T00:00:00 committee_full: Petitions rapporteur: group: PSE name: CASHMAN Michael type: Vote in committee, 1st reading/single reading
  • date: 2005-12-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-394&language=EN type: Committee report tabled for plenary, single reading title: A6-0394/2005 body: EP type: Committee report tabled for plenary, single reading
  • date: 2006-02-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060213&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4478&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-51 type: Decision by Parliament, 1st reading/single reading title: T6-0051/2006 body: EP type: Results of vote in Parliament
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Petitions
committee
PETI
date
2005-01-18T00:00:00
rapporteur
name: CASHMAN Michael group: Socialist Group in the European Parliament abbr: PSE
committees/0
body
EP
responsible
True
committee
PETI
date
2005-01-18T00:00:00
committee_full
Petitions
rapporteur
group: PSE name: CASHMAN Michael
docs
  • date: 2005-04-20T00:00:00 docs: title: PE357.679 type: Committee draft report body: EP
  • date: 2005-06-02T00:00:00 docs: title: PE359.939 type: Amendments tabled in committee body: EP
  • date: 2005-12-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-394&language=EN title: A6-0394/2005 type: Committee report tabled for plenary, single reading body: EP
  • date: 2006-03-09T00:00:00 docs: url: /oeil/spdoc.do?i=4478&j=1&l=en title: SP(2006)1012 type: Commission response to text adopted in plenary
  • date: 2006-07-04T00:00:00 docs: url: /oeil/spdoc.do?i=4478&j=0&l=en title: SP(2006)1347 type: Commission response to text adopted in plenary
events
  • date: 2005-02-24T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2005-11-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the own-initiative report by Michael CASHMAN ( PES , UK ) on the confiscation of automobiles by the Greek authorities, which has been the subject of numerous petitions to the European Parliament. The petitions describe a number of irregularities which have occurred in Greece when the customs authorities, suspecting that the petitioner's foreign-registered vehicles were being illegally imported and used in Greece , confiscated the vehicles. Although the petitioners fulfilled the conditions for the tax exemptions laid down in Directive 83/182/EEC for temporary imports of vehicles from one Member State into another, since they all had their "normal residence" in a Member State other than Greece, they were fined heavily and also required to pay an increased duty consisting of up to ten times the normal customs duty. Despite their repeated representations to the various legal authorities in Greece , the judgement the European Court of Justice in case C-262/99 (Paraskevas Louloudakis v. Elliniko Dimosio) and the legal action by the European Commission against the Hellenic Republic (Case C-156/04), the problem of the confiscation of the automobiles has not yet been resolved. MEPs expressed "great concern" that the Greek authorities did not apply the relevant exemption to these specific cases, and said that the seizure, confiscation and sale of a very substantial number of vehicles was incompatible with the principles of the EU's Charter of Fundamental Rights. They added that the confiscation of the vehicles, and the fact that the petitioners were deprived of the use of them for many years, was "contrary to the right of property and freedom of movement", and said that the petitioners had a right to be "properly compensated". The report concluded by urging the Greek authorities to comply with the rules laid down in Directive 83/182/EEC, failing which the Commission should "proceed without delay" with its legal action against the Hellenic Republic .
  • date: 2005-12-06T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-394&language=EN title: A6-0394/2005
  • date: 2006-02-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060213&type=CRE title: Debate in Parliament
  • date: 2006-02-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=4478&l=en title: Results of vote in Parliament
  • date: 2006-02-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-51 title: T6-0051/2006 summary: The European Parliament adopted a resolution based on the own-initiative report drafted by Michael CASHMAN (PES, UK) on the confiscation of automobiles by the Greek authorities. (Please refer to the summary dated 23/11/2005.) The background to the petitions addressed to Parliament is as follows: on the 28 March 1983, Council Directive 83/182/EEC was implemented. This Directive concerns tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another. The application of this directive in Greece has been problematic, involving complexities relating to the determination of “ normal residence”, the penalties implemented in cases of infringement of the rules, and the extent to which the “ good faith” of the perpetrator is taken into account. Consequently, there have been a number of irregularities which have occurred in Greece when the custo ms authorities, suspecting that the petitioner's foreign registered vehicles were being illegally imported and used in Greece, confiscated the vehicles. Parliament e xpressed its great concern that, as far as the specific cases referred to in the petitions were concerned, the Greek authorities did not apply the exemption laid down in Directive 83/182/EEC. 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. Parliament also noted that the petitioners were required to pay an increased duty amounting to up to ten times the customs duty. It considered that the administrative measures as a whole, which Greece had 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. Whilst Parliament was aware of the fact that, in the absence of harmonisation of Community legislation in the field of the penalties applicable, the Member States are empowered to choose the penalties that seem appropriate to them, it felt, nevertheless, that Member States must exercise that power in accordance with Community law and with the principle of proportionality. Parliament stated that it was also aware of the fact that the choice of penalty when dealing with infringements relating to temporary importation of certain means of transport was a matter of national law, as is the question of ascertaining whether account must be taken of the good faith of the offender. Nevertheless, it considered 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. A very substantial number of vehicles have been seized, confiscated and sold at auction. This was incompatible with the principles of the European Union's Charter of Fundamental Rights, and not justified by any overriding requirements of enforcement and prevention, when the gravity of the infringement is taken into account. 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. Parliament considered that the confiscation of the vehicles, and the fact that the petitioners are deprived of their use 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. It urged Greece to fulfil its 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, Parliament called on the Commission to proceed without delay with its legal action against the Hellenic Republic.
  • date: 2006-02-14T00:00:00 type: End of procedure in Parliament body: EP
links
other
    procedure/dossier_of_the_committee
    Old
    PETI/6/25784
    New
    • PETI/6/25784
    procedure/legal_basis/0
    Rules of Procedure EP 216-p2
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 216-p2
    procedure/subject
    Old
    • 7.30.30 Action to combat crime
    New
    7.30.30
    Action to combat crime
    2014-11-10Show (5) Changes
    activities
    • date: 2005-02-24T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: PETI date: 2005-01-18T00:00:00 committee_full: Petitions rapporteur: group: PSE name: CASHMAN Michael
    • date: 2005-11-23T00:00:00 body: EP committees: body: EP responsible: True committee: PETI date: 2005-01-18T00:00:00 committee_full: Petitions rapporteur: group: PSE name: CASHMAN Michael type: Vote in committee, 1st reading/single reading
    • date: 2005-12-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-394&language=EN type: Committee report tabled for plenary, single reading title: A6-0394/2005 body: EP type: Committee report tabled for plenary, single reading
    • date: 2006-02-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060213&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2006-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4478&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-51 type: Decision by Parliament, 1st reading/single reading title: T6-0051/2006 body: EP type: Results of vote in Parliament
    committees
    • body: EP responsible: True committee: PETI date: 2005-01-18T00:00:00 committee_full: Petitions rapporteur: group: PSE name: CASHMAN Michael
    links
    other
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      dossier_of_the_committee
      PETI/6/25784
      geographical_area
      Greece
      reference
      2005/2005(INI)
      title
      Confiscation of vehicles by the Greek Authorities
      legal_basis
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      stage_reached
      Procedure completed
      subtype
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      type
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      subject
      7.30.30 Action to combat crime
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