WRITTEN QUESTION E-2652/02

by Frank Vanhecke (NI) to the Commission

(20 September 2002)

Subject: Customs agreements between ports and national authorities

The Antwerp Port Authority has concluded the requisite agreements with the US customs authorities concerning the organisation of security in the port in order to obtain a security label from those authorities under which goods despatched from Antwerp are still admitted to US ports. Ports which do not have such a label will no longer be permitted to despatch goods to the USA.

European Commissioner Palacio has expressed reservations about this. In her view, the fact that certain European ports are obtaining security labels (in this case, Antwerp) while others are not may constitute a breach of European competition provisions.

However, agreements between authorities (the port of Antwerp and the US customs) on the subject of security fall within the ambit of national sovereignty.

To what extent is the Commission prepared to review its previous position on this matter?

Answer given by Mrs de Palacio on behalf of the Commission

(6 November 2002)

The Union had full knowledge early on of the United States' initiative of sending American customs officials to certain European ports, including Antwerp.

This initiative by the US is part of a broader approach to the security of maritime transport worldwide, involving more than just the Member States in question. It focuses in particular on customs procedures applied to exports and incorporating appropriate controls. The Community's response therefore needs to meet two fundamental requirements: it must be comprehensive, so as to fit into a global approach, and it must meet the requirements of our internal market, particularly by ensuring equal treatment for all our exporters.

The singling out of certain ports also runs counter to the Union's goal of improved geographical distribution of transport flows to relieve congestion on the already saturated road network. The Commission continues to believe that an uncoordinated approach such as this which fails to provide an overall response to the problem is not the best approach to the problem of security.

The Commission would also point out that the Community has concluded an Agreement with the United States on customs cooperation and mutual assistance in customs matters(1), Article 3 of which stipulates that the Contracting Parties may by mutual consent expand this Agreement with a view to increasing the levels of customs cooperation and supplementing them, in accordance with their respective customs legislation, by means of agreements on specific sectors or matters.

As well as proposing close coordination with the United States with a view, ultimately, to arriving at mutual recognition agreements introducing proper security standards, the Commission will in a few months also be putting forward a proposal on implementing and monitoring all appropriate security measures in all the Union's international merchant ports, based on the regulations approved by the International Maritime Organisation (IMO).

Recent talks between the Commission and the American authorities have been encouraging and have raised hopes that in the medium term a greater guarantee of security will be provided on both sides of the Atlantic, in line with the international trade arrangements entered into by the Union and the United States.

(1) Council Decision 97/541/EC of 21 May 1997 concerning the conclusion of the agreement between the European Community and the United States of America on customs cooperation and mutual assistance in customs matters; OJ L 222, 12.8.1997.