WRITTEN QUESTION P-2346/97 by Reino Paasilinna (PSE) to the Commission (30 June 1997)

Subject: Customs problems on the border between the EU and the Russian Federation

Problems still exist in heavy goods traffic from Finland to Russia, although the Commission publicly denies this. The main problem has changed from traffic jams to the arrest of vehicles and impounding them in 'customs cages'. At present 21 lorries are impounded in customs cages in Vyborg. The stated reason is unclarity in the stamps on the TIR carnets. In addition there are 150-200 vehicles waiting at the border and in Moscow for their customs documents to be cleared, which can take several days.

The situation is the fault of the Russian recipients of the goods, who are endeavouring by various means to evade the payment of taxes and other dues in their own country. The means used include, to our knowledge, collaboration with the designated customs authorities and collaboration with the senders of the goods. In the latter case the goods listed on the invoices and bills of consignment differ from the actual load. However, containers marked with the TIR symbol entering the country are sealed and the carrier is not able, nor indeed permitted, to inspect their contents other than by the documents. The carriers and transport firms act in good faith, trusting the documents and the customs procedures they have used in the past. The carriers have become scapegoats, being forced to compensate for the crimes of others, and suffering considerable economic harm as a result of their vehicles standing idle in cages.

The action of the Russian customs authorities is also arbitrary and illogical. Some vehicles cleared through customs for the same customer at the same customs post have been able to leave the country within a clearance period of 3 to 9 days, while others are sent from the border to a customs cage in Vyborg.

What does the Commission propose to do to ensure that the action of the Russian customs and other authorities is brought into line with the principles of normal and non-discriminatory border traffic, and made to comply with the letter of the cooperation and partnership agreement between the EU and Russia?

Answer given by Mr Van den Broek on behalf of the Commission (4 August 1997)

The Commission is aware that the situation at the Finnish - Russian border is sometimes very difficult. It understands that some of the difficulties are due to the very rapid increase in transport at this border and the inadequate equipment at the border check points and, especially, lack of training of customs officials and border guards. Furthermore, the complicated legislative, administrative and technical rules, primarily in the Russian customs sector, often change at short notice or even without prior notice.

The Commission has expressed its concerns about this situation on several occasions, such as during the joint committee meetings in 1995 and 1997, at high level encounters between members of the Commission in charge of external relations and various Russian ministers and during a meeting between the member of the Commission responsible for transport with his Russian counterpart. In the margins of the 3rd pan-European transport conference in Helsinki, at the end of June 1997, the member of the Commission responsible for transport visited, together with the Finnish and the Russian transport ministers, the new Finnish-Russian border crossing at Vaalimaa in order to study the situation and the problems at the borders.

In addition, Community representatives have examined problems, within the Economic commission for Europe of the United Nations (UN/ECE) working party on customs questions affecting transport, known as WP.30, which is responsible for the day to day operation of the international carriage of goods by road (TIR) customs transit. Where new measures or producers have been introduced by the Russian administration, the Commission has sought to ensure that they comply with the terms of the Convention and do not adversely affect reliable operators. The Commission will continue to monitor the situation and to repeat to its Russian counterparts its concerns, requesting immediate improvements.

The Commission has agreed with the Russian customs authorities to finance, through the Tacis programme, several projects directly focused on the improvement of the situation at the Russian border crossing points. The main activities concentrate on improving the training of customs officers, the improvement in working methods of customs laboratories, computerisation and improvement of border crossing infrastructure. In 1996 and 1997 some 9 MECU are devoted to this high priority sector.

Several new initiatives under preparation will increase the participation of Member States in training customs officials in the use of risk analysis and other modern techniques which should speed up the procedures. However, the Commission, like the Russian customs committee, is very well aware of other factors and reasons for long delays at the border. This problem will need time to improve, but Russia is continuing to make increased efforts in this regard.