WRITTEN QUESTION E-0665/02 by Brigitte Langenhagen (PPE-DE) to the Commission. EU border controls.
Date: 2002-03-11
Institutions: European Parliament, Provisional data
Subjects: EU customs procedure, application of EU law, carriage of goods, customs formalities, customs inspection, customs regulations, import

C 229 E/118

Official Journal of the European Communities

EN

26.9.2002

Answer given by Mr Kinnock on behalf of the Commission

(24 May 2002)

In terms of the extent to which actions of officials and other servants were upheld by the Community
judicature, the following evaluation does not take account of applications for the adoption of interim
measures, which by their very nature have a purely provisional effect and are without prejudice to the
judgment of the Court on the substance of the case. Any action that was not dismissed in its entirety was
classified as a successful action, even if the findings against the defendant only concerned a point of minor
If the Commission applies this very wide interpretation, the overall proportion of cases
importance.
brought before the Court of First Instance and deemed to be successful actions amounts to 34,5 % for the
period from 1 January 1996 to 30 June 2001 (five and a half years), although slight variations were
apparent from Institution to Institution (30,5 % for actions against the Commission). Over the same period,
13,2 % of the appeals brought by officials and other servants against judgments of the Court of First
Instance were considered well founded by the Court of Justice.

These cases concerned a wide variety of issues, ranging from promotion and grading to the granting of
installation allowance and sick leave. Where the Community judicature did not confirm the decisions of
the Administration, its judgments were based on a divergent assessment of the facts of the case or a
different interpretation of the relevant provisions, and not on general findings relating to the management
of the Administration. It is not possible to draw from the proportion of successful actions any general
conclusions as to administrative shortcomings on the part of the Institutions concerned given that the
Courts have to deal with individual claims in specific cases which, naturally, vary in detail and character.

In this context it should be emphasised that one of the key objectives of the reform is to put in place
simplified and more transparent rules and procedures. The grading system, for example, which has been a
constant source of conflicts between officials and their administrations, would be radically simplified.
Under the new Staff Regulations, each newly recruited official would be graded in the first step of the
grade published in the respective competition notice. Professional experience would be taken into account
only up to a maximum of 24 months (which equals one step).
the
Commission has reinforced its Mediation Service with a view to reaching an informal settlement of
disputes which may arise in the context of working relations. In the future, the mediator may in particular
make oral or,
in exceptional cases, written recommendations for amicable arrangements to resolve
conflicts, in particular in the context of complaint proceedings under Article 90(2) of the Staff Regulations.
Whilst legitimate rights will continue to be respected, the number of court cases is likely to be reduced by
this measure.

It should also be noted that

On the further question of the Honourable Member as to what measures have been taken to remedy
management
the Commission is collecting the
information needed to answer this question and will communicate its findings as soon as possible.

failings established by the Court of First

Instance,

(2002/C 229 E/135)

WRITTEN QUESTION E-0665/02

by Brigitte Langenhagen (PPE-DE) to the Commission

(11 March 2002)

Subject: EU border controls

Consignments of fish which had not been declared or cleared properly have apparently been found in
Germany recently. This suggests that controls in certain Member States are not being carried out carefully
enough.

Can the Commission answer the following questions:

1. Who is responsible for the enforcement and monitoring of border controls?

2. How can the circulation of goods which have been incorrectly declared or cleared be prevented?

26.9.2002

EN

Official Journal of the European Communities

C 229 E/119

Answer given by Mr Bolkestein on behalf of the Commission

(22 April 2002)

Customs controls are carried out by the national customs authorities.

Pursuant to Article 13 of Council Regulation (EEC) No 2913/92 of 12 October 1992, establishing the
Community Customs Code (1), as last amended by Regulation (EC) No 2700/2000 of the Parliament and of
the Council of 16 November 2000 (2), national customs authorities may carry out all the controls they
deem necessary to ensure that customs legislation is applied correctly. These measures include examining
goods, verifying the existence and authenticity of documents, inspecting means of transport or carrying
out official inquiries with a view to ensuring that customs rules are observed.

When goods are imported into the Community, the customs authorities may therefore subject them to
physical
items of
information, e.g. the customs value, origin and tariff classification of the goods) and examine all the
documents accompanying the goods (e.g. origin certificates). The goods can also be checked post-clearance.

inspections, check the related customs declarations

(which contain numerous

If the customs authorities uncover cases of fraud or irregularities during their checks, they must take the
appropriate action both as regards the recovery of import duties and the applicable penalties. The
Commission ensures that the action taken is appropriate.

If there is a specific problem relating to imports of fish, the Commission invites the Honourable Member
to send any information she may have so that it can take appropriate steps.

(1) OJ L 302, 19.10.1992.
(2) OJ L 311, 12.12.2000.

(2002/C 229 E/136)

WRITTEN QUESTION E-0670/02

by Linda McAvan (PSE) to the Commission

(11 March 2002)

Subject: Recruitment of ethnic minorities in the European Institutions

It is my understanding that there is no positive discrimination either for women or ethnic minorities with
regard to recruitment practices. Instead, positive action is used to encourage these groups to apply.

Can the Commission confirm what positive actions are taking place and what effect these actions have had
on recruitment?

Answer given by Mr Kinnock on behalf of the Commission

(23 April 2002)

The Commission is explicitly committed to a policy of equal treatment and opportunities for women and
men, and to practical means of implementing that policy.

Actions taken on the organisation of competitions have focused on publicity and on conditions of testing
the candidates’ qualifications and abilities.

Publicity activities include the publication of a general Equal Opportunities statement in the Official
Journal and the words: ‘The Commission … particularly welcomes applications from women’ form part of
that statement. Press advertisements for competitions in areas where women are traditionally under-