WRITTEN QUESTION E-1213/02

by Theresa Villiers (PPE-DE) to the Commission

(29 April 2002)

Subject: Security seals in the transportation of goods

With reference to EU Regulation 2787/2000(1) Articles 357 and 386, Annex 46A pertaining to security seals

1. How much consultation did the Commission have with seal manufacturers/users in the drafting of this legislation? With whom did they consult?

2. Did the Commission review the existing testing regimes/practices of each Member State prior to the implementation of this Regulation?

3. The system of acceptance and testing in the UK has made it possible to identify duplicate seals. Such counterfeit seals have in the past been substituted for the original manufacturer's product during a journey, allowing cargo to be removed or added without being noticed. Bearing in mind that the current reported world cargo loss is excess of USD 400 million a year excluding duty, what steps has the Commission taken to ensure that the European market is not flooded with copy seals coming from non-EU and non-regulated countries?

4. If a security seal is accepted for use by one Member State, will this acceptance not only permit the use in transit through other Member States, but also be acceptable by other Member States for supply in all Member States? If not, does this mean that a seal must be tested by each individual Member State before it is granted acceptance in each?

5. The UK minister with responsibility for this issue said in October 2001 in a letter to me, that it is suspected that most of the countries using the Community/common transit procedures do not have suitable testing facilities and to introduce a stringent seal specification into Community legislation and the Common Transit convention would for them be impossible to implement.

Does the Commission agree with this statement? If the Commission does agree with this statement why have they implemented a new regulation that cannot be uniformly controlled or adequately met by all Member States?

6. What steps is the Commission taking to ensure that Member States can suitably test their seals and implement the Regulation?

7. Does the Commission have any plans to ask that Member States should provide details of the department, process of evaluation and contact for seal acceptance? When? And if not, why not?

8. Does the Commission have any plans to compile a central listing of seals accepted by Member States and the country of their acceptance, to be available to all interested parties? If not, why not?

(1) OJ L 330, 27.12.2000, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(13 June 2002)

Seals in the field of transit of goods are a means to provide reliable proof that the goods initially placed under the procedure and those presented at the office of destination are identical. Sealing may, according to the rules in application, be replaced by a precise description of the goods in the transit declaration in reference to other elements of identity. Both means of identification of goods allow recognising cargo manipulation and losses, but are unsuitable to prevent them to occur.

Authorisation and control of seals is a matter falling under the responsibility of the Member States that apply their own testing procedures. In approving models of seals, Member States have to observe general guidelines set up in Annex 46a of the implementing provisions to the Community Customs Code. These guidelines based on the practical experience of national administrations do not consist in more or less detailed technical specifications, but rather describe the objectives the competent national authorities have to bear in mind when appreciating the qualities of a given type of seal. The objectives in question are based on considerations relating to concepts of efficient customs administration and did not require consultation with seals manufactures or users.

The Commission does not review the testing practices of the Member States and would not have the expertise in practical enforcement matters to do so. It has no indication that these practices are detrimental to the objectives of the above mentioned legislation on transit. It is, however, not the purpose of this legislation to assure uniform marketing conditions for seal manufacturers throughout the internal market of the Community.

As to the statement of the British minister on this issue, the Commission does not comment on such speculations. The new Article 386 of the Commission Regulation (EC) No 2787/2000 of 15 December 2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(1), referred to by the Honourable Member allows the customs authorities to authorise the use of special types of seals on means of transport or packages on condition that the customs authorities approve the seals as complying with the objectives set out in Annex 46a of the same Regulation. The Commission is confident that all Member States' customs administrations are able to test compliance with the set guidelines. In a number of cases the Commission is facilitating the distribution of information of test carried out by national enforcement agencies which have expertise for the testing of seals.

The Commission does neither have the resources nor the expertise in enforcement to deal with concrete approval procedures for seals.

(1) OJ L 330, 27.12.2000.