EN Official Journal of the European Union CE 88/519

(2004/C 88 E/0532)

WRITTEN QUESTION E-0628/04

by María Sornosa Martínez (PSE) to the Commission

(3 March 2004)

Subject: Documentary irregularities when authorising third-country products during Spanish border checks

The Subdirectorate-General for External and Veterinary Health (SGSEV) of the Spanish Ministry of Health and Consumer Affairs has issued instructions (1) ordering official veterinarians at border inspection posts to allow the entry of consignments of third-country products that do not comply with current Community rules on product certification and registration. More specifically, this body has instructed those inspectors whose job it is to check on import conditions not to prevent the entry of products from third countries even if problems arise on their arrival in port, such as failure to provide the original copy of the health certificate from the country of origin (a simple faxed copy is accepted).

Inspectors have also received instructions to overlook documentary requirements, such as official recognition of the country of origin as an authorised country — as soon as the product leaves the port and not when it arrives, the failure to report product defects in writing and within the specified period, a problem that is usually remedied with a sworn declaration by the commercial agent, and a lack of information about the consignment, code, date of manufacture or the surplus of goods etc.

Bearing in mind the provisions of Decision 93/13/EEC (2) (updated and extended by Regulation (EC) No 136/2004 (3)) and Directive 97/78/EC (4):

— does the Commission consider that the Spanish authorities are acting properly in authorising third-country products arriving on Community territory at Spanish ports;

— does the Commission not think that this watering-down of the health documentation and certification requirements for third-country products means unfair treatment of Community products, which must comply with all the rules;

— is the Commission not of the opinion that in irremediable situations, such as the absence of an original copy of a health certificate on arrival in a port, the Spanish authorities should, in accordance with Directive 97/78/EC, refuse to allow the entry of these goods;

— does the Commission not consider that, by issuing these instructions, the Spanish authorities are forcing official veterinarians at Spanish border inspection posts to disregard Community rules on the protection of human and animal health?

Supplementary joint answer

to Written Questions E-0627/04 and E-0628/04

given by Byrne on behalf of the Commission

(17 June 2004)

The Commission has been in contact with the Spanish authorities and obtained a copy of the internal Spanish instructions to which these questions refer.

The instructions are detailed and contain guidance for a number of practical situations that may arise at border inspection posts in Member States receiving products of animal origin, and also instructions for the landing of fish and fishery products.

The Commission considers that many of the issues covered as regards veterinary checks are implemented under the responsibility of the official veterinarian in the border inspection post.

As regards fishery imports and veterinary checks, there are certain areas in the instructions where the interpretation given by Spanish authorities concerning EU certification requirements requires further clarification. The Commission has already discussed these instructions with a representative of the Spanish authorities in the light of recent developments in legislation in this area. The Spanish authorities have agreed to clarify the instructions in order to avoid any misunderstandings by inspectors at border inspection posts.

The Commission agrees that where there is no original health certificate presented with a consignment of products for import, EU legislation requires the consignment to be refused entry.

There is nothing in the instructions that would authorise the import of products other than from approved countries and from approved establishments in those countries. From a hygiene viewpoint there is no evidence in the instructions of more lenient treatment of products from third countries in comparison to that of products produced in Member States.

The Commission believes, therefore, that the instructions comply with Community legislation and do not represent either unfair treatment of Community products or a requirement for Spanish veterinarians to disregard Community rules.

(1) Instructions from the Subdirectorate-General for External and Veterinary Health dated 11 April 2002 concerning remediable deficiencies in goods inspections.

(2) OJ L 9, 15.1.1993, p. 33.

(3) OJ L 21, 28.1.2004, p. 11.

(4) OJ L 24, 30.1.1998, p. 9.