WRITTEN QUESTION P-2969/02

by Bert Doorn (PPE-DE) to the Commission

(16 October 2002)

Subject: Binding tariff information (BTI) database

When new products are imported into the internal market they have to be classified for taxation purposes. For some products, binding tariff information (BTI) is issued. Sometimes, different customs services issue different BTIs for the same products, and sometimes the classification assigned, and hence the BTI, is incorrect. This situation is an obstacle to the internal market, distorts competition and is damaging to European industry. To a large extent it could be remedied by establishing a directly accessible database on the Internet, so that businesses which had suffered could take action quickly.

Towards the end of 2000, Commissioner Bolkestein promised industry in the Netherlands in a letter that a BTI database which could be consulted via the Internet would be set up shortly. That was nearly two years ago, and there is still no such database for use by those involved in international trade.

Now the CD-ROM version is no longer being published, either. This makes it very difficult for industry to ascertain what products have been registered.

Is the Commission aware of the unclear situation which currently exists regarding the registration of binding tariff information?

Is the Commission aware of the difficulties experienced by businesses in obtaining binding tariff information and the economic damage they may suffer as a result?

When will the Commission keep its promise to establish a BTI database which is up to date and can be consulted direct, via the website, by those involved in international trade?

Answer given by Mr Bolkestein on behalf of the Commission

(18 November 2002)

Binding Tariff Information (BTI) is regulated by Article 12 of the Community Customs Code (Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1)) and Articles 5-14 of the corresponding Implementing Provisions (Commission Regulation (EEC) No 2454/93 of 2 July 1993(2)).

Binding Tariff Information is a classification decision issued prior to an envisaged importation or exportation by a national administration for one specific product in favour of an economic operator (holder). It is an instrument designed to assist economic operators in obtaining the correct classification of their goods in the tariff and statistical nomenclature when filling in their import or export declaration and to give them legal security. It is generally valid for six years in all Member States, regardless of the Member State that issued it.

If divergences arise, due to differing interpretations of the Tariff and Statistical Nomenclature by national administrations, they are dealt with in the framework of the Customs Code Committee and appropriate measures to end the differing interpretations (for example, a classification regulation or explanatory note) are taken. This might lead to the revocation of a BTI. In this case, a period of grace of up to six months is granted in order to allow the economic operator to adapt to the harmonised interpretation of the Tariff and Statistical Nomenclature, in accordance with Article 12(6) of the Customs Code.

All BTIs issued by Member States, containing both confidential and non-confidential data, are stored in a central database managed by the Commission and accessible to all national administrations. A thesaurus facilitates the understanding of BTIs issued in the various Community languages. In addition, in the past, the Commission made publicly available a CD-ROM containing an extract of the database (not showing the confidential data such as the data about the holder or detailed information about the composition of the goods). Currently, this CD-ROM is no longer issued for technical and budgetary reasons.

However, the Commission agrees with the Honourable Member on the importance of public access to the classification decisions stored in the database, as it may be helpful for economic operators when making their import or export declaration. The Commission is, therefore, in collaboration with Member States, working on the contents of the database as well as on the updating of its thesaurus, in order to allow all operators to consult the Binding Tariff Information issued in the various Community languages. Public access to the database (non-confidential data) is scheduled towards the end of 2003.

(1) OJ L 302, 19.10.1992.

(2) OJ L 253, 11.10.1993.