EN Official Journal of the European Union CE 78/603

(2004/C 78 E/0638)

WRITTEN QUESTION E-3596/03

by Brigitte Langenhagen (PPE-DE) to the Commission

(5 December 2003)

Subject: EU border controls

There is evidence that fisheries products are being imported into the EU, mainly via EEA countries, from third-country factory vessels which are not authorised to export to the EU. As well as being more economically competitive than products from EU fisheries, as money is saved by omitting to make the investments necessary to ensure hygienic conditions during fishing and processing, these imports are unsafe from a health point of view, and should be regarded as posing a health risk.

I am aware that there is an comprehensive body of Community legislation laying down the procedures to be followed at border inspection posts as regards the import of products of animal origin, including fisheries products from third countries.

Commission services and officials are doing all they can in the course of their inspections to uncover irregularities at Community border inspection posts.

I am further aware that the EEA countries have laid down statutory regulations for fisheries products which correspond or are equivalent to EU regulations.

According to Community rules, fisheries products which are imported into the EU from third countries via EEA countries should be checked at the border inspection posts of the EEA countries.

However, significant quantities of fisheries products which do not comply with EU regulations still enter the Community economic area via these border inspection posts, and this is an open secret among economic operators in North East Atlantic and North Sea regions.

Can the Commission therefore answer the following questions:

— How and to what extent do the relevant Commission services monitor the proper importing of fisheries products at the external borders of the EEA countries, and thus also of the EU?

— In what ways can the Commission take effective action to detect disparities in the way Community import procedures are applied by EEA countries and to ensure that lasting improvements are made, given that EEA countries are third countries, albeit with a special status?

— What can the Commission do to prevent the above-mentioned import via EEA countries of fisheries products which do not comply with EU regulations, in order to protect the Community's domestic fishery industry and consumers?

Answer given by Mr Byrne on behalf of the Commission

(2 February 2004)

Iceland and Norway are linked to the Union by the European Economic Area (EEA) agreement. Both countries have adopted Community legislation concerning imports from third countries as regards fish and fishery products, both for import conditions and for import procedures. These EEA States have put in place a network of border inspection posts for the examination of products imported from third countries. Once cleared for free circulation into these two EEA States, fish and fishery products from third countries may circulate freely anywhere within the single market.

Inspection and enforcement of legislation in the EEA States is carried out by ESA, the European Free Trade Association (EFTA) Surveillance Authority which carries out missions to the EEA States to verify compliance with the Community requirements in relevant areas of the aquis. As regards border inspection posts however, Annex I to the agreement [Veterinary and Phyto Sanitary matters] states at point I. paragraph 4.B:

Inspection of border inspection posts shall take place in close cooperation between the EC Commission and the EFTA Surveillance Authority.

The EFTA Surveillance authority shall be entitled to participate in inspection visits of the Commission services to the EC Member States with regard to the decisions to which reference is made in paragraph 5(b), first indent.

The EC Commission and the EFTA Surveillance Authority shall arrange joint inspection visits to establish a common recommendation for the purposes of the decisions to which reference is made in paragraph 5(b), second indent. Any issue arising out of this connection may be referred to the EEA Joint Committee.

These missions look at both the development of facilities and the application of the relevant veterinary aquis.

The reports of the ESA inspections are sent to the Commission and are also available on their own website (1).

The two latest ESA reports available for missions to Norway and Iceland have highlighted that these two countries seem to be accepting fishery products from non-approved sources. In the case where this would be considered as an infringement of EEA legislation (i.e. EC legislation), it is for ESA to take action as the body responsible for enforcement of the legislation in the EEA States.

(1) http://www.eftasurv.int/