WRITTEN QUESTION E-0687/00 by Michel Hansenne (PPE-DE) to the Commission. Origin of goods ‐ tariff preferences.
Date: 2000-03-09
Institutions: European Parliament, Provisional data
Subjects: Algeria, Congo, Democratic Republic of the Congo, Indonesia, Liberia, Rwanda, generalised preferences, originating product, traineeship

C 374 E/134

Official Journal of the European Communities

EN

28.12.2000

(2000/C 374 E/158)

WRITTEN QUESTION E-0687/00

by Michel Hansenne (PPE-DE) to the Commission

(9 March 2000)

Subject: Origin of goods (cid:129) tariff preferences

When the Community, upon presentation of a certificate of origin (Form A) endorsed by the customs
authorities of the producer country, grants tariff preferences for the importation of products from certain
the origin has not been
developing countries and it subsequently (after importation) emerges that
determined in accordance with Community rules, what penalties (without going into too much detail on
national laws) does the Community importer generally incur? Likewise, what penalty is imposed on the
customs officer who completes the customs formalities for such importations into the Community?

Furthermore, has the Commission organised over the past two years any training courses on Community
rules of origin in the following countries: Rwanda, Congo Brazzaville, Congo Kinshasa, Liberia, Algeria and
Indonesia?

Answer given by Mr Bolkestein on behalf of the Commission

(18 April 2000)

The sanction generally incurred by the importer in cases such as that referred to by the Honourable
Member is that he has to pay non-preferential customs duties even if he is unable to pass on the cost of
the duties to the persons to whom he has meanwhile sold the goods. The importer only escapes these
consequences when, under certain restricted conditions, his legitimate expectations are protected by Court
of Justice case law. This is not the case when a certificate of origin A has been issued on the basis of
incorrect declarations by the exporter. According to Court of Justice jurisprudence, a customs agent, by the
very nature of his functions, undertakes liability for the correctness of the documents that he presents to
the customs authorities.

Over the last two years, the Commission has organised a number of training seminars on rules of
preferential origin under the LomØ Convention. The seminars are organised by region among the African,
Caribbean and Pacific countries (ACP). In July 1998 two seminars were organised for West Africa, in C(cid:244)te
d(cid:146)Ivoire (Participants: Benin, Burkina Faso, Cape Verde, C(cid:244)te d(cid:146)Ivoire, Mali, Mauritania, Niger, Senegal and
Togo) and in Ghana (Participants: Gambia, Ghana, Liberia, Nigeria and Sierra Leone). In March 1999 a
seminar was organised for Central Africa in Cameroon (Participants: Burundi, Cameroon, Chad, Congo-
Brazaville, Congo-Kinshasa, Equatorial Guinea, Gabon, Rwanda, Central African Republic and Sªo TomØ).

(2000/C 374 E/159)

WRITTEN QUESTION E-0688/00

by Robert Goebbels (PSE) to the Council

(13 March 2000)

Subject: Possible amendment of Article 105(6) of the EC Treaty

Article 105(6) of the EC Treaty stipulates that the Council may confer upon the ECB specific tasks
concerning policies relating to the prudential supervision of credit
institutions and other financial
institutions (cid:145)with the exception of insurance undertakings(cid:146).

However, the large European market in financial services being established calls for global prudential
supervision, particularly following the countless mergers or acquisitions, not to mention the acquisition of
cross holdings, among banks, insurance undertakings, investment funds and other professionals in the
financial sector. Several EU Member States have already introduced single national prudential supervision
for the financial sector as a whole, including insurance undertakings, or are in the process of doing so.

Would it not be wise to take the opportunity offered by the intergovernmental conference to propose that
Article 105(6) be amended so as to provide the legal basis necessary to enable the Council to confer upon
the ECB certain specific tasks, including those relating to prudential supervision of insurance undertakings?