WRITTEN QUESTION E-0908/02

by Brigitte Langenhagen (PPE-DE) to the Commission

(5 April 2002)

Subject: Duty charged retroactively on fisheries products from Norway

Problems have arisen in the past year in Germany with the charging of customs duty on Norwegian fisheries products. German customs authorities have begun to suspect in the course of checks on quantities that Norway could have over-fished its quotas (in particular of cod), and are now demanding payment of the difference between the concessionary (0,9 %) and standard (7,5 %) rates. These demands are being served on German importers or carriers although the latter cannot rightly be regarded as liable for payment, since they are not directly involved in the import-export trade as such. The traders concerned now confront serious economic difficulties in the face of demands running to several tens of thousand euro. The result is that affected traders are now putting pressure on their suppliers in Norway to export via Denmark or the Netherlands, because customs arrangements in those countries appear to be organised differently and retroactive duties or securities are not applied.

1. On the basis of what directive is customs duty being charged retroactively or the lodging of securities demanded?

2. What approaches are taken by other EU Member States to applying customs provisions compared with Germany?

3. Who is responsible for supervising compliance with such provisions?

4. Can the Commission see any potential here for equality of treatment in all Member States?

5. Are there currently any negotiations or agreements between Norway and the Commission that would rule out retroactively charging duty in this way?

Answer given by Mr Bolkestein on behalf of the Commission

(21 May 2002)

The Commission is not aware of the situation described by the Honourable Member.

1. Article 8 of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources(1), provides that import duties, as own resources of the EC, are levied by the Member States in accordance with their national laws, regulations and administration provisions, which are amended if necessary to conform to Community legislation. Thus it is the Member States which are responsible for collecting import duties.

The Community Customs Code(2) and its implementing provisions(3) impose uniform rules on the Member States, including rules on the establishment and collection of import duties, which persons are to pay the said duties and the conditions for lodging security.

As a rule, when customs authorities come across instances of fraud or irregularities in the course of post-clearance controls that affect the amount of duty payable, they take appropriate action to account for the missing duty in accordance with Article 220(1) of the Community Customs Code. By carrying out checks in the Member States, the Commission ensures that the customs authorities discharge their responsibilities.

2. and 3. It is up to the Member States to make sure that their customs administrations apply Community legislation properly, including the Community Customs Code and its implementing provisions. When the Commission finds that rules are not applied properly in a Member State, it takes the appropriate steps to remedy the situation.

4. At present the Commission does not have reason to believe that traders receive unequal treatment from one Member State to another. If, however, the Honourable Member has relevant information on the subject, the Commission would like to be informed of it so that it can rectify the situation.

5. The Commission confirms that there are currently no negotiations between itself and Norway with a view to excluding post-clearance collection of import duties legally due in the situation cited by the Honourable Member. It also draws attention to the fact that it does not negotiate measures necessary for duties legally due.

(1) OJ L 253, 7.10.2000.

(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992), as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16 November 2000 (OJ L 311, 12.12.2000).

(3) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993), as last amended by Commission Regulation (EC) No 444/2002 of 11 March 2002 (OJ L 68, 13.3.2002).