WRITTEN QUESTION P-2817/99 by Niels Busk (ELDR) to the Commission. Customs processing of T5 forms.
Date: 2000-01-07
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, customs formalities, customs regulations, customs territory (EU), export (EU), transport document

8.8.2000

EN

Official Journal of the European Communities

C 225 E/209

(2000/C 225 E/238)

WRITTEN QUESTION E-2812/99

by Raffaele Costa (PPE-DE) to the Commission

(18 January 2000)

Subject: The Commission(cid:146)s Office in Milan

Is the Commission aware that its representation office in Milan, located at 59 Corso Magenta, was found to
be closed by a member of the general public who wanted to consult an Official Journal on 6 Decmber
1999, and that there was a notice on the door saying (cid:145)closed until 10 December for the long holiday
weekend(cid:146)?

Can the Commission say what steps it intends to take to ensure that this kind of inconvenience does not
occur again?n

Answer given by Mr Prodi on behalf of the Commission

(11 February 2000)

The Commission Office in Milan was closed on 7 December 1999 (Saint Ambrogio, patron of the city)
and on 8 December 1999 (Feast of the Immaculate Conception), both of which are official public holidays.
The documentation service, open to the public Monday morning, Wednesday afternoon and Friday
morning was closed exceptionally on Monday 6 December 1999, owing to a staff shortage. It was open
on Friday 10 December 1999.

A notice was posted on the outside of the building on 22 November 1999 to inform the public that (cid:145)the
Commission Office in Milan will be open to the public until Friday 3 December 1999 and will re-open on
Friday 10 December 1999.(cid:146)

(2000/C 225 E/239)

WRITTEN QUESTION P-2817/99

by Niels Busk (ELDR) to the Commission

(7 January 2000)

Subject: Customs processing of T5 forms

After being stamped at the customs office of departure, T5 forms have to be forwarded to the authorities
(Customs Service, Postal Service and/or intervention agency), although the exporters continue to bear full
responsibility.

Will the Commission take steps so that responsibility for returning T5 forms is also transferred to the
authorities and so that the loss of a T5 form in the authorities(cid:146) keeping is automatically deemed to be force
majeure?

Will it require all intervention agencies to notify exporters of any missing T5 forms no later than three
months after the export declarations have been accepted?

Will it take steps to require national intervention agencies to establish on-line computer systems so that T5
forms can be tracked down at any given time?

Answer given by Mr Bolkestein on behalf of the Commission

(3 February 2000)

Where a control copy T5 is used to check the use or destination of agricultural products for export from
the Community, the office of destination checks the use or destination provided for (in this case, exit from
the customs territory) and must record, if necessary by keeping a copy, the data on the control copy
T5 and the results of the checks carried out. The original is then sent without delay to the address stated
on the document (the customs authority or intervention agency), after the necessary formalities have been

C 225 E/210

Official Journal of the European Communities

EN

8.8.2000

fulfilled and after this has been duly noted by the office of destination (Articles 482(4) and 483 of
Commission Regulation (EC) No 2454/93 of 2 July 1993 (cid:129) the customs code implementing provisions) (1).

Under these circumstances, responsibility for returning the original already falls to the authorities, and in
the event that the original is lost after its return by the office of destination, the latter continues to be able
to confirm that the goods have been assigned to their intended use or destination, by virtue of its record of
the data and the results of the checks carried out. Even then, a duplicate can be issued if necessary, in
accordance with Article 486(4) of the Regulation, annotated by the office of destination. In the Commis-
sion(cid:146)s opinion, therefore, there is no need to provide for (cid:145)force majeure(cid:146) in such circumstances.

The Commission considers that the Member States are best placed to assess and decide whether it is
appropriate for national intervention agencies to inform exporters of any failure to return the control copy
T5 within three months from the receipt of the export declaration and whether it is necessary to set up a
computer system for this purpose. It does not think it appropriate to propose the adoption of new legal
obligations for the national intervention agencies.

(1) OJ L 253, 11.10.1993.

(2000/C 225 E/240)

WRITTEN QUESTION P-2860/99

by Rolf Linkohr (PSE) to the Commission

(7 January 2000)

Subject: Rheinfelden power station (cid:129) support for large hydroelectric plants

The Rheinfelden Rhine power station plans to expand its hydroelectric power output from 25,7 to
116 megawatts. This extension is to replace the old power station dating from 1898, which is in need of
renovation. The changeover must begin by the middle of 2003, otherwise the concession granting the
right to use the water will expire and with it the authorisation to produce power on this site.

Large hydroelectric power stations are not at present covered by either German or European schemes to
support renewable forms of energy. The extension to the Rheinfelden hydroelectric plant which is needed
would be impossible in the current situation. If for economic reasons large hydroelectric power stations
such as Rheinfelden can no longer be built, the EU will have even greater problems fulfilling its Kyoto
commitments to reduce CO2.

1.

Is the Commission aware of the Rheinfelden case? Are there similar cases in other countries?

2. What is the Commission(cid:146)s view of this case?

Does the Commission see any possibility that this case may be covered by the planned directive on

3.
support for electricity from renewable energy sources in the internal electricity market?

Answer given by Mrs de Palacio on behalf of the Commission

(26 January 2000)

The authorisation criteria for the construction or conversion of power stations fall within the competence
of the Member States. The Commission is not aware of the specific issues concerning the Rheinfelden
power station.

The Commission is in favour of developing hydroelectric power stations, but investment decisions are
taken by the market participants with the agreement of the relevant authorities.