WRITTEN QUESTION E-1222/00 by Karin Riis-Jørgensen (ELDR) to the Commission. Recovery of customs duties.
Date: 2000-04-14
Institutions: European Parliament, Provisional data
Subjects: Bangladesh, certificate of origin, common tariff policy, generalised preferences, textile product

C 53 E/104

Official Journal of the European Communities

EN

20.2.2001

The application of Directive 79/409/EEC and Directive 92/43/EEC is primarily the responsibility of the
Member State concerned. The Commission(cid:146)s only responsibility is to check whether the Member State has
respected the requirements of those Directives.

The requirements of Article 6(4) of Directive 92/43/EEC, such as the assessment of alternative routes
instead of the temporary or permanent re-opening of the existing railway line through the Meinweg, only
apply if the results of the assessment under Article 6(3) of the Directive show that the project will have
significant effects on the Meinweg. At the moment the Commission has no indication that action has to be
taken as suggested in the question in advance of receiving the reply from the Netherlands. It has not yet
received any indication that an infringement of Directive 79/409/EEC or Directive 92/43/EEC has already
taken place.

(1) OJ C 170 E, 20.6.2000.
(2) OJ L 103, 25.4.1979.
(3) OJ L 206, 22.7.1992.

(2001/C 53 E/134)

WRITTEN QUESTION E-1218/00

by Ilda Figueiredo (GUE/NGL) to the Commission

Subject: Consequences of the drought in Portugal

(14 April 2000)

It is common knowledge that the drought in Portugal is damaging agriculture in various ways, especially
where winter and late spring and early summer crops are concerned.

Have steps been taken to aid the Portuguese producers who have sustained losses? If so, what support has
been granted?

Answer given by Mr Fischler on behalf of the Commission

(22 May 2000)

The Commission has been fully aware of the continuing drought in Portugal in recent months. It is still
too soon to assess the damage to this year(cid:146)s crops.

The Commission will examine any specific problems that may arise in the context of the common market
organisations.

If Portugal wishes the Community would be able, as part of her operational programme on agriculture and
rural development for the period 2000-2006 and within the financing limits already set, to part-finance
restoration of production capacity lost as a result of natural disasters.

(2001/C 53 E/135)

WRITTEN QUESTION E-1222/00

by Karin Riis-Jłrgensen (ELDR) to the Commission

(14 April 2000)

Subject: Recovery of customs duties

Under the generalised system of preferences textile products are imported on favourable terms from
Bangladesh to the European market with certificates of origin.

The Commission has initiated action for the recovery of customs duties on products imported during
1994-1996. This is giving rise to considerable financial difficulties for European importers and great
dissatisfaction has also been caused by the fact that importers who were acting in good faith have been
kept in ignorance of the authorities(cid:146) suspicion of widespread irregularities. The following questions need to
be clarified here:

20.2.2001

EN

Official Journal of the European Communities

C 53 E/105

Did the Commission at any time object to the customs authorities in the Member States generally
informing importers that there was justified suspicion of widespread technical problems with certificates
of origin from Bangladesh?

Is it true that the customs authorities in the Member States (cid:129) as a consequence of the Commission
resorting to Article 19 in Regulation (EEC) No 1468/81 (1) on mutual assistance (cid:129) were for a period of
time precluded from generally informing importers that there was a suspicion that there were or that there
could be widespread technical problems with certificates of origin from Bangladesh? If so, what was that
period of time?

Which Member States(cid:146) authorities informed the Commission that there were or there could be widespread
technical problems associated with certificates of origin from Bangladesh? When was this information
passed on to the Commission?

Is it true that the Commission and some of the customs authorities in the Member States had originally
planned to undertake a mission to Bangladesh back in the beginning of 1996. If so, what was the
background to this mission, which of the Member States(cid:146) customs authorities were involved in it, when
was this mission to have been undertaken and why was it not undertaken?

When and with the participation of which Member States(cid:146) customs authorities were there set up, through
the Commission(cid:146)s intervention, one or more ad hoc committees and/or held ad hoc meetings to consider
the question of the quality and accuracy of certificates of origin from Bangladesh?

(1) OJ L 144, 2.6.1981, p. 1.

Answer given by Mrs Schreyer on behalf of the Commission

(19 June 2000)

At no time has the Commission sought to prevent the Member States from taking appropriate action in
respect of importers. In fact, the Commission itself published an information (cid:145)Advice to importers(cid:146) (1)
advising all Community importers of potential problems concerning the accuracy of Form A origin
certificates for textiles originating in Bangladesh.

The European antifraud Office has provided the Commission with specific elements.

the Netherlands, and the United Kingdom had
Certain Member States, notably Denmark, Germany,
expressed to the Commission concerns about the operation of the system for the post-verification of
generalised scheme of preferences (GSP) Forms A issued in Bangladesh in the context of ad hoc meetings
in the latter part of 1995 and the first half of 1996. Those concerns were not expressed as (cid:145)justified
suspicion of widespread technical problems(cid:146).

Practical arrangements concerning the visit of the Community delegation to Bangladesh relied upon
information supplied by the Commission delegation in Dhaka. Because of the violent strikes in Bangladesh
in 1996 largely directed towards textile factories, it was not possible for a Community delegation to carry
out such a visit with all the necessary safety guarantees before November 1996.

The examination, on a certificate by certificate basis, of GSP Form A certificates of origin, in order to
establish the authenticity of the documents and the accuracy of the information which they contained,
took place in the context of the joint enquiries conducted between the visiting Community delegation
(Commission and representatives from Belgium, Denmark, Germany, France, Italy, the Netherlands and
United Kingdom) and the authorities of Bangladesh in November 1996 and December 1996. A
preparatory ad hoc meeting was held in Brussels in October 1996 which was attended by representatives
of Belgium, Denmark, Germany, Spain, France, Italy, the Netherlands, Austria, Sweden and the United
Kingdom. Subsequently, several meetings were held, in particular in January 1997 with representatives of
the Member States who participated in the mission and in February 1997 when all Member States
participated with the exception of France.

(1) OJ C 107, 5.4.1997.