Customs Duties: Formal complaint to the EU Commission

Map of Cyprus with EU flag

Recent communications with the Cyprus Department of Customs have highlighted the fact that since 1st May 2004 the Cypriot Authorities have been imposing customs duties on the personal property of those seeking to become permanent residents in Cyprus.

Within a Directive originally introduced in March 1983 and permanently implemented into European Law on 1st January 1984, the Directive (codified in 2009) specifically identifies motor driven vehicles as part of personal property and as such the vehicle should be exempted where it meets the criteria set down for the importation and use of the personal property.

In view of the customs levies that continue to be placed on motor driven vehicles being brought into Cyprus by genuine permanent residents, coupled with the fact that the Authorities refuse to comply with the EU Directive, the Association of British Citizens Overseas (ABCO) is preparing a block formal complaint to the EU Commission in Brussels and also seeking to make a claim for the total repayment of customs duties that have been levied by Cypriot Customs in breach of the procedures as laid down by EU Directive 2009/55/EC (formerly EU Directive 83/183/EEC).

In order that all those affected by the levy since 1st May 2004 can be included, any person believing that they have a claim should make direct contact with ABCO through www.abco-cyprus.com.

The terms of the Directive is explained on the website and in this regard ABCO will also accept approaches from Citizens from any of the 27 Member States who also believe they are entitled to recover any duties paid.

It is believed that a substantial number of residents have paid the duty and under the terms of the Directive, this money should be returned to them plus interest. Each resident that makes contact will be contacted directly and individually and all details will held in confidence.

Information taken from a letter published in the Paphos Post.


Proposal to facilitate cross-border motor vehicle registration

European Union

On 4 April the European Commission will present a legislative proposal to facilitate the registration of cars, vans, buses and trucks that were previously registered in another EU country.

The main benefits of this proposal will be:

People who work in another EU country than the one they reside in and who use a car registered by their employer will not need to re-register it.

Improvement for persons who spend a part of the year in another EU country who are often requested to re-register their vehicle.

Considerable simplification of the administrative formalities for the re-registration within the EU of cars, vans, buses and trucks (for example greatly reducing the formalities when moving residence from one EU country to another and when purchasing a second hand car from another EU country).

Motor vehicle registration problems were identified in the first EU Citizenship Report as one of the main obstacles faced by citizens when moving to or working in another EU country. They were also highlighted as one of the 20 main concerns with the Single Market.


EU: Cypriot tax on imported motorbikes unfair

CURRENT legislation in Cyprus discriminates against imported motorcycles and laws must be changed, the European Commission said yesterday.

The Commission yesterday formally requested Cyprus to amend its legislation on depreciation scales for the calculation of excise duties on second-hand motorcycles.

“The Commission considers that the current legislation is in breach of EU rules on tax discrimination against products imported from other Member States,” a statement from the Commission said.

The request takes the form of a ‘reasoned opinion’ – the second step of the infringement procedure.

In the absence of a satisfactory response within two months, the Commission may decide to refer Cyprus to the EU’s Court of Justice.

Under current Cypriot legislation, owners of second-hand motorcycles have to pay an excise duty depending on the depreciation of these vehicles, ie their loss in value over a certain period of time. However, the Cypriot legislation only takes into account the criterion of age when calculating the duties and limits it to 10 years.

In practice, a motorcycle that is two or three years old would depreciate at almost the same pace as a motorcycle aged four or five years old and depreciation for vehicles aged fifteen or twenty years would remain the same as for vehicles ten years old.

“Such a system could result in higher taxation for second-hand motorcycles imported to Cyprus than for those already registered in the country and is therefore in breach of EU rules on tax discrimination against products imported from other Member States,” the Commission said.


EU wants to ease car registration nightmare

THE EU is promising to end the ‘bureaucratic nightmare’ of registering cars in another member state or registering a car in a country of residence that was bought abroad.

“What should be a simple procedure often turns into a bureaucratic nightmare, with cumbersome re-registration formalities and paperwork,” the Commission said in a statement yesterday.

According to the Commission, member states require that cars that are permanently on their territory to be registered via local authorities and according to national rules that are applied in an uncoordinated manner across the EU.

With the aim of simplifying this, the European Commission yesterday launched a public consultation to identify the main difficulties encountered by EU citizens and companies when moving a car bought and registered in one member state to another.

The consultation will provide insight into the views of citizens and other stakeholders on car registration issues and shape actions to remove yet another obstacle to the free movement of goods and services.

European Commission Vice-President Antonio Tajani, Commissioner for Industry and Entrepreneurship said: “Buying a car in one member state and then moving it to another should not be complicated. This public consultation will provide us with a better understanding of the problems encountered by citizens and companies, and with ideas on how to improve the situation. Our aim is to save time and money for consumers and businesses as well as for national registration offices.”

“Citizens continue to encounter problems when purchasing a car in a member state and transferring it permanently to a different member state,” the statement said.

SOLVIT, Europe’s online tool for detecting and solving problems related to the single market, reports that five per cent of cases in SOLVIT are related to vehicle registration.


EU: Excise duties unfairly favour Cypriots

THE EUROPEAN Commission has formally asked Cyprus to change its legislation on import and excise duties of new cars because it is more favourable to Cypriots than other EU nationals, it was announced yesterday.

The commission said Cyprus should change these rules within two months or face possible sanctions.

“If within two months there is no satisfactory response from the Cypriot authorities, the Commission may decide to refer the matter to the European Court of Justice,” an EU statement said.

The Commission said under the current legislation, Cypriot citizens, nationals and descendants, received more favourable treatment that other EU citizens when it comes to new passenger car import and excise duties.

“Under Cypriot legislation, EU nationals who set up permanent residence in Cyprus may only benefit from an exemption from import and excise duty when they import a new car if they are not practicing any profession in Cyprus,” the Commission said.

However, the same condition does not apply to Cypriots who return to the island for permanent settlement.

“Therefore, the Commission is of the opinion that the rule discriminates against non-Cypriot EU citizens and is contrary to Article 18 of the Treaty on Functioning of the European Union.”

The law also violates the freedom of movement for workers and the freedom of establishment, the Commission said.


Drink-drive campaign

NICOSIA – Minister of Communications and Works and Chairman of the Road Safety Council Erato Kozakou Marcoullis declared here today 2011 as Year of Road Safety against driving under the influence of alcohol, with the motto “Driving and alcohol do not match: Say no to alcohol”.

During the closing ceremony of the Year of Road Safety for young people (2010), Markoullis said that in 2010 the implementation of a 6-year Strategic Plan for Road Safety in Cyprus (2005-2010) was completed.

At the same time the preparation of a new Strategic Plan for the period 2012-2020 is underway.

The new European policy guidelines on road safety aiming at reducing the victims in road accidents in the EU by 50% by 2020 are being implemented in Cyprus since January 2011, the Minister said.

According to the Minister, Cyprus has managed over the past decade to reduce the number of people injured in road collisions by 51% and deaths by 42%.

“Besides the pain caused to the families of the dead, the economic cost of the deaths for the state amounts to 1.2 million, while for those seriously injured, the economic cost exceeds 3,5 million,” she added.

The Director of Traffic Department Demetris Demetriou said that 2010 recorded the lowest rate of deaths under 25 years in road accidents, adding that among the 60 people killed in road accidents in 2010 only 18 or 30% were under 25 years. In 2009 road deaths under 25 were 33 or 46.48%, he said.

Markoullis further stated that a bill has been drafted to regulate bicycle traffic and will be submitted to the Cabinet in January and subsequently to the Parliament

Cyprus Weekly


EU aims to make foreign drivers pay for offences

The EU plans to give police new powers to prosecute European drivers who break the law in another EU member state.

EU transport ministers will discuss a draft directive on Thursday which aims to set up an EU-wide database of vehicle registration details.

“A foreign driver is three times more likely to commit an offence than a resident driver,” EU Transport Commissioner Siim Kallas said.

Many drivers currently escape penalties when they return to their home country.

The draft directive from the Commission calls for cross-border enforcement to curb four “big killers”, which account for 75% of road deaths: speeding; ignoring red lights; failure to wear a seatbelt and drink-driving.
National controls remain

According to EU data cited by Mr Kallas, foreign drivers account for 5% of traffic in the 27-nation bloc, but about 15% of speeding offences.

The national rules of the country where the offence was committed will apply.

The EU legislation does not seek to standardise penalties for offences – it will still be up to national authorities to decide what action to take.

Parking fines will not be covered by the legislation.

The Commission also says the proposal deals only with financial penalties – not with penalty points linked to driving licences.

In many cases national police forces currently struggle to identify and track down foreign drivers whose vehicles are registered outside the country where the offence took place.

The level of offences by non-residents is highest in countries such as France and Belgium, where many drivers are just passing through or on holiday, the Commission says. During very busy periods as many as half the offences are committed by non-residents in those countries.

If EU ministers accept the plan, it will go to the European Parliament for approval. If Euro MPs vote for it, the member states then have two years to put the legislation into effect.

BBC News


TISPOL urges swift adoption of cross border enforcement directive

Senior traffic police officers from across Europe are calling for the swift adoption of legislation that will ensure drivers can no longer go unpunished for the offences they commit in other countries.

Delegates at TISPOL’s annual conference will hear an update from Jean Paul Gailly, the Belgian Director General of the Transport Ministry and a representative of the EU Belgian presidency team, explaining how the long-awaited cross border enforcement directive will be brought into existence. Mr Gailly stresses: “Reaching agreement between the Member States is one of the high priorities of the Belgian Presidency of the EU”.

Adam Briggs, Deputy Chief Constable of North Yorkshire Police and the TISPOL lead on speed enforcement, says cross border enforcement is supported by police officers across Europe.

“Estimates show that at least 400 lives a year could be saved under a system where all drivers have to comply with traffic legislation, regardless of what country they are travelling in,” he says.

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