EN Official Journal of the European Union CE 84/641

(2004/C 84 E/0722)

WRITTEN QUESTION E-0628/04

by María Sornosa Martínez (PSE) to the Commission

(3 March 2004)

Subject: Documentary irregularities when authorising third-country products during Spanish border checks

The Subdirectorate-General for External and Veterinary Health (SGSEV) of the Spanish Ministry of Health and Consumer Affairs has issued instructions (1) ordering official veterinarians at border inspection posts to allow the entry of consignments of third-country products that do not comply with current Community rules on product certification and registration. More specifically, this body has instructed those inspectors whose job it is to check on import conditions not to prevent the entry of products from third countries even if problems arise on their arrival in port, such as failure to provide the original copy of the health certificate from the country of origin (a simple faxed copy is accepted).

Inspectors have also received instructions to overlook documentary requirements, such as official recognition of the country of origin as an authorised country — as soon as the product leaves the port and not when it arrives —, the failure to report product defects in writing and within the specified period, a problem that is usually remedied with a sworn declaration by the commercial agent, and a lack of information about the consignment, code, date of manufacture or the surplus of goods etc.

Bearing in mind the provisions of Decision 93/13/EEC (2) (updated and extended by Regulation (EC) No 136/2004 (3)) and Directive 97/78/EC (4):

— Does the Commission consider that the Spanish authorities are acting properly in authorising third-country products arriving on Community territory at Spanish ports?

— Does the Commission not think that this watering-down of the health documentation and certification requirements for third-country products means unfair treatment of Community products, which must comply with all the rules?

— Is the Commission not of the opinion that in irremediable situations, such as the absence of an original copy of a health certificate on arrival in a port, the Spanish authorities should, in accordance with Directive 97/78/EC, refuse to allow the entry of these goods?

— Does the Commission not consider that, by issuing these instructions, the Spanish authorities are forcing official veterinarians at Spanish border inspection posts to disregard Community rules on the protection of human and animal health?

Joint answer

to Written Questions E-0627/04 and E-0628/04

given by Mr Byrne on behalf of the Commission

(6 April 2004)

The Commission is aware of the allegations concerning the instructions in question and is continuing its enquiries as to whether the instructions involve conflicts with Community legislation concerning controls on imports.

If, after more detailed study of the allegations, there is any evidence of conflict with Community legal requirements, the Commission will take the matter up with the Spanish authorities. The Commission will contact the Honourable Member when its enquiries are complete.

(1) Instructions from the Subdirectorate-General for External and Veterinary Health dated 11 April 2002 concerning remediable deficiencies in goods inspections.

(2) OJ L 9, 15.1.1993, p. 33.

(3) OJ L 21, 28.1.2004, p. 11.

(4) OJ L 24, 30.1.1998, p. 9.