# CE2004088EN.01051802.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/518 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/518

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(2004/C 88 E/0531)

WRITTEN QUESTION E-0627/04

by María Sornosa Martínez (PSE) to the Commission

(3 March 2004)

Subject:   Failure to comply with Community legislation during border veterinary checks in Spain

Subject:

The Subdirectorate-General for External and Veterinary Health (SGSEV) of the Spanish Ministry of Health and Consumer Affairs has issued instructions (1) ordering official veterinarians at border inspection posts to allow the entry of consignments as direct landings of fishery products when they do not fulfil that condition under current Community rules, and even exempting certain products from compulsory veterinary checks (and, consequently, from the corresponding charges) when these rules contain no provision for doing so. The SGSEV is also allowing the captains of fishing vessels, an interested party in the trade transaction, to sign not just a simple declaration but also health certificates on behalf of the competent authority in the country of origin.

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Bearing in mind the provisions of Directive 97/78/EC (2) laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, Directive 91/493/EEC (3) laying down the health conditions for the production and the placing on the market of fishery products, Decision 93/13/EEC (4) (updated and extended by Regulation (EC) No 136/2004 (5)) laying down the procedures for veterinary checks at Community border inspection posts on products from third countries and Regulation (EC) No 1093/94 (6) setting the terms under which fishing vessels of a third country may land directly and market their catches at Community ports:

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| — | can the Commission guarantee that the practice currently being applied by the SGSEV complies with Community legislation protecting human and animal health and the rights of consumers and citizens in general; |
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can the Commission guarantee that the practice currently being applied by the SGSEV complies with Community legislation protecting human and animal health and the rights of consumers and citizens in general;

| — | does the Commission not consider, furthermore, that the Spanish authorities are favouring certain import companies that are subject to fewer health and financial requirements when placing products from third countries on the market over producers in the EU Member States? |
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does the Commission not consider, furthermore, that the Spanish authorities are favouring certain import companies that are subject to fewer health and financial requirements when placing products from third countries on the market over producers in the EU Member States?

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(1)  Instructions from the Subdirectorate-General for External and Veterinary Health dated 1 October 2003 concerning documentary checks on direct landings of fishery products.

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(2)  OJ L 24, 30.1.1998, p. 9.

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(3)  OJ L 298, 24.9.1991, p. 15.

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(4)  OJ L 9, 15.1.1993, p. 33.

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(5)  OJ L 21, 28.1.2004, p. 11.

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(6)  OJ L 121, 12.5.1994, p. 3.

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