do-me/EUR-LEX huggingface dataset:
WRITTEN QUESTION E-0978/00 by Niels Busk (ELDR) to the Commission. T5 forms.
Date: 2000-03-31
Institutions: European Parliament, Provisional data
Subjects: agricultural product, common tariff policy, export licence

C 374 E/196

Official Journal of the European Communities

EN

28.12.2000

to initiate an investigation. This could end up before the WTO Disputes Settlement Body, thus offering the
Community the prospect of Korea(cid:146)s practices being penalised.

The Commission is prepared to propose using all the trade policy instruments available to find a solution
to the sector(cid:146)s problems, consistent with its international obligations.

The shipbuilding industry in Japan, also affected by aggressive Korean competition, has noted the
possibility of WTO action against Korea. The Japanese authorities have said that they will participate in
any WTO proceedings initiated by the Community. The American industry has written to its authorities to
demand trade action of this kind against Korea.

The Commission is paying particular attention to this issue and to the effects of unfair competition by
Korean shipyards on the Community shipbuilding industry.

(1) OJ L 349, 31.12.1994.

(2000/C 374 E/230)

WRITTEN QUESTION E-0978/00

by Niels Busk (ELDR) to the Commission

(31 March 2000)

Subject: T5 forms

Further to my previous question (P-2817/99) (1), will the Commission base its answer on the fact that
responsibility remains with the exporter, whereas, after stamping, the form is in the possession of the
authorities and, therefore, under their sole control.

Will the Commission take steps to ensure that responsibility for returning T5 forms is transferred to the
authorities since they are in possession of the form?

(1) OJ C 225 E, 8.8.2000, p. 209.

Answer given by Mr Bolkestein on behalf of the Commission

(19 May 2000)

The Commission maintains that it is not necessary to transfer responsibility for returning T5 forms to the
competent authorities since it is already legally their responsibility. As far as it is aware the situation
described by the Honourable Member is not usual in one or more Member States.

If in a particular case it is found that the competent authorities have not fulfilled their obligation to return
the original control copy T5, the exporter still has the option, as the Commission pointed out in its
Answer to the Honourable Member(cid:146)s Written Question P-2817/99, to seek confirmation that the goods
comply with their intended use or destination. As a last resort, exporters can exercise their rights,
including through the courts, notably where a Member State may have failed to fulfil its Community
obligations and particularly where they may have suffered injury as a result.

While it is not for the Commission to interfere in individual cases such as these, it will nonetheless remind
Member States of their obligations in this matter with regard to general compliance with Community law.