WRITTEN QUESTION No. 1804/97 by Robert EVANS to the Commission. Restriction on the import of Gastropoda into the EU
25. 2. 98 EN Official Journal of the European Communities C 60/45 As to the other taxes connected with the registration of such means of transport in Greece, they may be charged if their users have transferred their ánormal residenceí within the meaning of the above-mentioned Directive 83/182/EEC to Greece and they are levied in accordance with Article 95 of the EC Treaty. The Commission would also remind the Honourable Member that Community law defines the conditions of ánormal residenceí without taking any account of the nationality of the individuals in question. (1) OJ L 145, 13. 6. 1977. (2) OJ L 105, 23. 4. 1983. (98/C 60/72) WRITTEN QUESTION E-1799/97 by Nikitas Kaklamanis (UPE) to the Commission (28 May 1997) Subject: Inequality of taxation on private vehicles between Greece and the other Member States of the European Union By Law No 2459/97, the Republic of Greece has abolished exemptions in respect of the import of private vehicles, but not of other personal effects, for one single category of Greek returning to Greece, namely persons returning to settle permanently in Greece, having been employed or self-employed abroad for more than two consecutive years. Furthermore, it imposes special consumer taxes and VAT at a level which depends on the date of definitive establishment of the owner in Greece, and makes the date of issue/procurement of the immigration document required by the customs authorities the criterion for calculating the amount of taxes due. No attention at all is paid to the fact that the vehicles in question are not used passenger vehicles purchased on the intra-Community market in Greece and should not be taxed under this regime, since they have already been registered in other Member States; furthermore, no account at all is taken of the decline in the value of the vehicles in assessing their tax value. Will the Commission say what scope it has for abolishing these taxes, since the owners of the vehicles would never have purchased them, if they had known that they would have to pay taxes on them? Answer given by Mr Monti on behalf of the Commission (10 July 1997) The Honourable Member refers to a situation in which individuals who have purchased and paid VAT on a car in the Member State in which they were normally resident have transferred that vehicle to another Member State in which they plan to establish their new normal place of residence. In such cases, Community law, as laid down in the Sixth VAT Directive (77/388/EEC) (1), does not require VAT to be charged again. If the Honourable Member has knowledge of particular cases of this kind, the Commission would like to examine them. It would not fail to take the necessary measures if the principles of Community law were found not to have been observed. (1) OJ L 145, 13 June 1977. (98/C 60/73) WRITTEN QUESTION E-1804/97 by Robert Evans (PSE) to the Commission (28 May 1997) Subject: Restriction on the import of Gastropoda into the EU Would the Commission confirm or deny that it intends to place restrictions on the import of Gastropoda (a large ground snail from Ghana) into the European Union?