EN Official Journal of the European Union CE 70/21

(2004/C 70 E/024)

WRITTEN QUESTION E-3759/02

by Jan Mulder (ELDR) to the Commission

(23 December 2002)

Subject: Verification of the origin of ACP sugar

In its answer to my Written Question E-2533/02 (1), the Commission states that, while it is perfectly possible to carry out verifications of the origin of ACP sugar, such verifications have never been carried out. The Commission admits that it ‘has no reason to believe that the sugar imported under the Sugar Protocol does not originate solely in the African, Caribbean and Pacific (ACP) countries concerned’. The vast difference between the price of sugar on the world market and the price in the European Union certainly constitutes a good reason for the carrying out of such verifications.

1. Why has the Commission never taken the opportunity of carrying out verifications?

2. When does the Commission intend to carry out such verifications?

3. In what way and how often does the Commission intend in the future to verify the origin of imported sugar from the 48 poorest countries (under the Anything-But-Arms proposal and the ACP Sugar Protocol)?

Answer given by Mr Lamy on behalf of the Commission

(12 February 2003)

The Commission is well aware of the risk of origin fraud with regard to sensitive products such as sugar, not only from the African, Caribbean and Pacific (ACP) States concerned but also from other preferential partners.

1. The fact that no inspections missions on the spot have been carried out by the Commission does not imply that the origin of sugar imported from ACP countries under a preferential tariff arrangement is not being verified. Indeed, such verification takes place continuously on the basis of documents (proofs of origin) that must accompany all preferential exports to the Community. As already indicated in the reply to Written Question E-2533/02 by the Honourable Member (2), Protocol 1 to Annex V of the Cotonou Agreement specifies the proof of origin that should be used in order to claim preferential treatment upon importation into the Community from the ACP States. This Protocol also lays down specific arrangements for administrative cooperation between the partner-countries, aimed in particular at checking the authenticity of the proofs of origin presented upon importation, as well as the correctness of the information given in these proofs. As a general remark, it should also be noted that the responsibility for the verification of proofs of origin lies with the Member State of importation and not with the Commission.

2. Adequate provisions allowing subsequent verifications of proofs of origin are in place and verifications are being carried out by the customs authorities of the importing country, either at random or whenever those authorities have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other provisions of the said Protocol. In addition and on a larger scale, the Commission has published on 5 December 2000 (3) a non-exhaustive list of the main circumstances liable to give raise to reasonable doubt as to origin. As far as sugar from the ACP States is concerned, the Commission has currently no elements available that would justify the publication in the Official Journal of the European Communities (C series) of a notice to importers explaining that there is a reasonable doubt as to imports of sugar originating in all ACP States. Such a notice is mainly aimed at calling for systematic verification of the proofs of origin for all the concerned imports.

3. The principles and the mechanisms governing the verification of the origin are identical in substance for goods imported under the Cotonou Convention and for those benefiting from the Everything-but-Arms (EBA) provisions. In addition, sugar is one of the products singled out by Council Regulation (EC) No 2501/2001 (4), which also governs EBA, for monitoring by the Commission, in close cooperation with Member States. So far, this monitoring has not demonstrated the need for additional, special verification of the origin of least developed countries (LDC) sugar. However, in case of suspicion of fraud, the Commission is entitled to carry on the necessary spot checks and investigations in agreement and close co-operation with the authorities of the exporting country.

(1) OJ C 110 E, 8.5.2003, p. 66.

(2) OJ C 110 E, 8.5.2003, p. 66.

(3) OJ C 348, 5.12.2000.

(4) Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 — Statements on a Council Regulation applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004, OJ L 346, 31.12.2001.