EN Official Journal of the European Union CE 88/472

(2004/C 88 E/0484)

WRITTEN QUESTION E-3570/03

by Gerhard Schmid (PSE) to the Commission

(5 December 2003)

Subject: Setting-up of mobile customs control units in the Federal Republic of Germany after the accession of the Czech Republic to the European Union

Annex V of the Act of Accession bans exports of certain agricultural products from holdings which are only obliged fully to meet the structural requirements of the European Union's veterinary legislation after a transitional period. The German customs authorities therefore have the task of verifying compliance with the export ban and will do so by means of mobile customs control units, since controls of goods at the borders will cease from 1 May 2004. The German authorities point out that only a limited number of such units may be set up.

Given that the Treaty of Accession permits Member States to carry out the necessary controls in the domain of the general system of ownership, transport and inspections of goods subject to consumer tax, providing the smooth functioning of the internal market is not thereby impaired, will the Commission say whether it has imposed restrictions on the number or frequency of mobile customs control units and what criterion should determine the frequency of mobile customs control units?

Answer given by Mr Bolkestein on behalf of the Commission

(9 January 2004)

As highlighted by the Honourable Member, products issuing from establishments which have been granted a transitional period for certain structural requirements may only be marketed on the national (domestic) market, and consequently cannot be sent to other Member States.

Annex V of the Act of Accession refers to certain establishments in the Czech Republic and lays down rules to guarantee this limitation in marketing. In addition, the Commission is currently preparing detailed implementing rules for the control and marketing of these products. The overall responsibility for ensuring that Community rules are respected lies with the country of origin. As regards the country of destination, the general rules foreseen by Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), will be applicable. In this context the provisions of Chapter II Article 5. 1(a) of the Directive are applicable, viz:

The competent authority may, at the places of destination of goods, check by means of nondiscriminatory veterinary spot-checks that the requirements of Article 3 have been complied with; it may take samples at the same time.

Furthermore, where the competent authority of the Member State of transit or of the Member State of destination has information leading it to suspect an infringement, checks may also be carried out during the transport of goods in its territory, including checks on compliance as regards the means of transport.

The intervention of mobile customs control groups is possible but must be in accordance with this Directive. For these controls on the circulation of products subject to excise duties, the Commission does not impose any restriction, nor standard for the frequency. This issue falls under the subsidiarity principles. Nevertheless, when putting in place these controls, Member States must ensure that the principles governing the internal market are respected.

(1) OJ L 395, 30.12.1989.