WRITTEN QUESTION E-0099/99

by Honório Novo (GUE/NGL) to the Commission

(27 January 1999)

Subject: Exports of Norwegian cod - issuing of EUR 1 certificates

Cod exports from Norway to the EC are covered by a zero-tariff quota. Proof of origin is provided through the issuing of EUR 1 certificates stamped by the respective authorities, which should first certify the origin of the fish, a procedure which is repeatedly omitted. As a result, significant quantities of cod enter the EU - possibly originating elsewhere but appearing to be of Norwegian origin - incompletely and inadequately authenticated with EUR 1 certificates.

It is standard practice for checks on origin to be made only a posteriori, and it is only then that the Norwegian authorities inform the EC of the cod's actual origin. The EC then charges duty to the Community importers for cod imported with EUR 1 certificates and in the meantime already sold to the consumer. These circumstances and the irregular procedure followed by the Norwegian authorities date back to the 1980s, and the EC has restricted itself to collecting unpaid duty. This situation represents systematic and deliberate dumping on the part of Norwegian cod exporters, carried out with the apparent complacency of the authorities in that country and funded, in the end, by Community importers.

In view of the above situation and bearing in mind a complaint recently lodged with the European Ombudsman by Portuguese importers, can the Commission say:

1. Whether or not it can confirm the systematic practice of issuing EUR 1 certificates for exports of cod in Norway without any prior indication of the exact origin of the product being exported?

2. What action it will take to put an end to this situation?

Answer given by Mr Monti on behalf of the Commission

(25 March 1999)

The Commission is unaware of any recent cases of the type of which the Honourable Member complains.

Under Protocol No 4 to the Agreement on the European Economic Area(1), which deals with the definition of originating products and methods of administrative cooperation, responsibility for issuing EUR. 1 movement certificates rests entirely with the Norwegian authorities. They may not issue such a certificate without first satisfying themselves that the origin of the products to be exported is correct.

It is then up to the Member States' customs authorities to check the goods and accompanying certificate on import. If they suspect a certificate may be invalid they can contact the Norwegian authorities under the administrative cooperation procedure.

The Commission can also make representations to the Norwegian authorities, and indeed in March 1993 it organised a mission to Norway to look at Norwegian imports of fish from Russia, following which the Norwegian authorities initiated their own investigation. The findings were forwarded to the Commission and recovery proceedings were set in train in a number of Member States including Portugal.

The Commission has not to date seen any firm evidence to substantiate allegations that the system is being wrongly operated, but if the Honourable Member wishes to pass on the information in his possession it will undertake the necessary enquiries with the Norwegian and Community authorities to establish the facts of the situation and take any necessary action.

The Commission will report back to the Honourable Member in due course on the action it has taken and any measures put in hand.

(1) OJ L 1, 3.1.1994.