WRITTEN QUESTION E-3319/97 by Alexandros Alavanos (GUE/NGL) to the Commission (20 October 1997)

Subject: Illegal trade in chlorofluorocarbons

According to the Council of the European Chemical Industry (CEFC), 10 000 tonnes of CFCs are illegally circulating in the EU, and this illegal trade is on a larger scale in the USA and the rest of the world. The Commission has already announced that 1 000 tonnes of illegal CFCs have been illegally imported from China. It is believed in some quarters that the illegal trade in this substance has got completely out of hand.

Since customs infrastructures and controls are considered inadequate, will the Commission say:

1. Whether, in its plans for combating the illegal trade in CFCs, there is any scope for the detailed training of customs officials at European level in order to facilitate the detection of this substance which is difficult to recognize?

2. What other measures it is proposing with a view to eradicating this phenomenon?

Answer given by Mr Monti on behalf of the Commission (10 December 1997)

The Commission is aware of the gravity of the problem addressed by the Honourable Member.

A number of initiatives are under way to cope with illicit traffic of chlorofluorocarbons (CFCs) and halons. The Montreal Protocol 'tenth anniversary' meeting of the parties adopted on 17 September 1997 an amendment to the Protocol requiring parties to establish a system for licensing all imports and exports of ozone-depleting substances. Although the Community has already an import licensing system, the export licensing requirement will allow notification and cross-checking. The Montreal meeting also adopted a decision requiring industrialised countries to consider the introduction of a sales ban for CFCs. Furthermore, the parties decided to review and strengthen the non-compliance procedure under the Montreal Protocol to take more efficient measures in particular in case of non-compliance of a party.

Further enquiries into possible illegal imports into the Community are under way, by the Commission together with Member States' customs authorities. There are also new initiatives to reinforce co-operation between customs and environment authorities.

The Commission is currently preparing a draft proposal for the revision of Council Regulation (EEC) No 3093/94 on substances that deplete the ozone layer ((OJ L 333, 22.12.1994. )). Within this context, the idea has already emerged of the introduction of a CFC sales ban. This should go a long way towards reducing the market for illegally imported CFCs. Furthermore, an ad-hoc working group on illegal trade composed of Commission representatives and Member States authorities will be reconvened in order to exchange information and practical guidance on how best to proceed.

As far as customs policy in this area is concerned, under the Customs 2000 programme ((Decision 97/210/EC of the Parliament and of the Council of 19.12.1996 adopting an action programme for customs in the Community (Customs 2000) - OJ L 33, 4.2.1997. )) the Commission issued a guide on risk analysis and customs control (a copy of this document is sent direct to the Honourable Member and to Parliament's Secretariat) which suggests to national administrations efficient working methods related to import, export and transit of chemical products including those depleting the ozone-layer. This has to be seen in the perspective of the impossibility to carry out a systematic high percentage of physical controls of goods introduced in the Community as this would affect in a unjustifiable manner the interests of legitimate trade.

Moreover, within the framework of the Customs 2000 programme an action for the modernisation of European customs laboratories started recently. This initiative aims to improve customs laboratories in all Member States, so that they can become efficient instruments in the hands of administrations for identifying and analysing chemical products and substances as ozone-depleting ones.

Since 1991, the Matthaeus programme ((Council Decision 91/341/EEC of 20.6.1991 - OJ L 187, 13.7.1991. )) has provided the framework for various training initiatives for customs officials mainly of the Community, but also of associated countries. In particular, the Commission Decision 94/844/EC of 19 December 1994 establishes specific common programmes for the vocational training of customs officials, with regard, among other subjects, to the control of containers, processing under customs control and warehouse regimes ((OJ L 352, 31.12.1994. )).