12 December 2008
Embarkation Tax & the Right of Free Movement.
Posted by Robert G. Coenen under: Archive Publications .
On November 4, 2008 we bought two e-tickets for the Malta - Genoa ferry directly from the Grande Navi Veloci.
We reported for boarding the ferry in Malta on November 23, 2008.
Although in possession of valid and paid tickets we were refused boarding the ferry by an employee of the Maltese shipping agent G.F. Gollcher & Sons Ltd.
Under the supervision of a Maltese police officer the Gollcher employee denied us boarding and demanded to pay €10.00 per person as “embarkation tax”.
We protested and demanded that as citizens of the EU to be allowed to leave Malta without any obstacle; this being based on the right of free movement stated in article 18 of the Treaty of Rome of 1957.
For individuals this is probably the most important right from the European Unions Law and an essential component of the internal market as well of the EU citizenship.
Free movement of people means that all citizens have the right to enter, reside and leave the members states of the EU at will and without restrictions. This right is worded in article 18 of the Treaty of the EU.
This right, which by the Treaty of Maastricht, has been given to all citizens of the EU is part of the juridical heritage of the citizens (ex article 8A),
When Malta joined the EU in 2004 the Maltese Government vowed to respect these rights.
Has the Maltese Government instructed the Maltese Police and the various shipping agents to collect an embarkation tax which is in contradiction with the right of free movement?
There still is an Embarkation Tax!
After the removal of the Departure Tax in accordance with the letter of formal notice of 4 July 2006 from the European Commission sent to Malta stating that the departure tax is not in conformity with Community law, the government removed the “departure tax on the November 1, 2008.
The Commission holds the departure tax contrary to article 49 of the Treaty establishing the European Community.
The Commission decided on 27 June 2007 to refer the case to the European Court of Justice.
The Departure Tax was discriminatory and infringed the EU citizen’s right to free movement. But the same goes for the Embarkation Tax which the Maltese Government failed to remove.
There is no legal difference between the Departure Tax and the Embarkation Tax. Both are not in conformity with Community law and should be removed.
Will Dr. Simon Busuttil agree to this?
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