EN Official Journal of the European Union CE 88/560

(2004/C 88 E/0572)

WRITTEN QUESTION E-1021/04

by Paolo Bartolozzi (PPE-DE) to the Commission

(5 April 2004)

Subject: Imported goods in transit held up by customs

1. Is the Commission aware that goods imported from non-Community countries and in transit from one EU airport to another are held at customs (for controls) for as much as 30 days?

2. Is the customs office at one EU airport entitled to hold up goods in transit to another airport at the final destination, thereby pointlessly duplicating checks, with all the negative consequences this has for international trade and for the importer?

3. Is there any Community legislation establishing a maximum number of days goods in transit may be held up, even when the merchandise is accompanied by all the necessary documentation (commercial invoice and packing list), including a declaration by the vendor that the products are genuine and not counterfeit?

4. Is the importer, who has already paid the supplier for the goods, entitled to damages to compensate for loss of revenue due to the delay in supplying his own customers?

Answer given by Mr Bolkestein on behalf of the Commission

(30 April 2004)

The Commission is unaware of the problems to which the Honourable Member refers. In the absence of details which would allow this matter to be more thoroughly examined, a specific reply cannot be given on each of the questions raised. Nevertheless, whenever there are grounds for suspicion that goods are counterfeit, long intensive searches are justified.

The Community legislation does not lay down exact time-limits for the checks to be carried out by the customs authorities. Article 37 of the Community Customs Code (1) states that goods brought into the customs territory of the Community are subject, from the time of their entry, to customs supervision. They may be the subject of checks by the customs authorities in accordance with the provisions in force. The goods remain under such supervision for as long as necessary to determine their customs status, and in the case of non-Community goods, until their customs status is changed, they enter a free zone or free warehouse or they are re-exported or destroyed.

The goods brought into the customs territory of the Community must be presented to customs and assigned to a customs-approved treatment or use (e.g. entry for a customs procedure such as release for free circulation, transit or customs warehousing). They need to be covered by a customs declaration for this purpose.

To verify declarations in accordance with Article 68 of the Code, the customs authorities may:

(a) make documentary checks on the declaration and the documents accompanying it. The customs authorities may require the declarant to present other documents for the purpose of verifying the accuracy of the particulars contained in the declaration;

(b) examine the goods and take samples for analysis or for detailed examination.

Article 73 of the Code states that, where the conditions for placing the goods under the procedure in question are fulfilled, and provided the goods are not subject to any prohibitive or restrictive measures, the customs authorities must release the goods as soon as the particulars in the declaration have been verified or accepted without verification. The same applies where the verification cannot be completed within a reasonable period of time and the goods are no longer required to be present for verification purposes.

The Community customs legislation does not include any provisions on damages in the event of delayed release of the goods.

(1) 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 the Act of Accession 2003.