EN Official Journal of the European Union CE 88/636

(2004/C 88 E/0653)

WRITTEN QUESTION E-3117/03

by Maurizio Turco (NI) to the Commission

(22 October 2003)

Subject: Illegal imports of textile products from China

Knowing that:

— on 10 October 2003 the textile workers' union of Barletta (BA) organised a protest against the illegality of Chinese textile imports and called on the European Union to take practical steps to combat such imports.

Can the Commission say:

— what information it has concerning controls at borders and in Community territory on all forms of illegality (circumvention of the law, tax evasion and counterfeiting of trademarks), compliance with international agreements on imports from non-Community countries, in particular from the Far East, and the payment of customs duty, and what steps it will take to step up these controls;

— what measures it will promote for the introduction into Far Eastern countries of checks on respect for international conventions on human rights, including those dealing with pay conditions for workers?

Answer given by Mr Lamy on behalf of the Commission

(8 December 2003)

The Commission is aware of allegations such as the non-respect of core labour rights, false declarations of origin and circumvention of quotas, non-respect of intellectual property rights on the part of some exporting countries in disregard of the obligations of commitments under bilateral textiles agreements concluded with the Community.

Regarding the quantitative limits to exports of textiles and clothing in force under the bilateral agreements, this is done under a double checking system according to which import licences are only granted by Community authorities upon presentation of export valid licences issued and under the condition that the corresponding quantity is available within the quota. Further, certificates of origin are requested to avoid circumvention of quotas which is to the detriment of both the Community and the partner country. In cases of suspected circumvention of quotas, investigations may be launched by the European Anti-Fraud Office (OLAF). If circumvention is proved, adjustment of quotas is sought to redress the situation.

By Council Regulation (EC) No 1383/2003 of 22 July 2003 (1), the Community enhanced its customs actions in the field of goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights.

The issue of external border controls is extremely important for the Commission and has led to the recent Communication on The role of customs in the integrated management of external borders' (2). This outlines the strategy and approach taken and includes various recommendations to improve customs controls by Member States. In relation to the specific issue of counterfeit products, a number of activities have been undertaken. A new customs law (Regulation (EC) No 1383/2003 of 22 July 2003) will lead to strengthened customs controls, in particular in the field of the intellectual property rights. Through the ‘Customs 2007’ programme, an enhanced co-operation with both new Member States and enterprises concerned by counterfeiting and piracy is set up.

In trade policy, the Community is opposed to any sanctions-based approaches and initiatives to use labour rights for protectionist purposes. Accordingly, the Community promotes the effective application of core labour standards through positive instruments and an incentive-based approach. Examples of this are the Community's Generalised System of Preferences (GSP) that allows beneficiary countries to receive additional preferences if they adhere to the International Labour Organisation (ILO) standards and the Cotonou Agreement between the Community, its Member States and the African, Caribbean and Pacific (ACP) states, which includes a specific provision on trade and labour standards.

(1) OJ L 196, 2.8.2003.

(2) COM(2003) 452 final.