WRITTEN QUESTION E-1213/02 by Theresa Villiers (PPE-DE) to the Commission. Security seals in the transportation of goods.
Date: 2002-04-29
Institutions: European Parliament, Provisional data
Subjects: approval, carriage of goods, competence of the Member States, customs regulations, fraud, testing, transport safety

C 52 E/48

Official Journal of the European Union

EN

6.3.2003

As regards relocation of enterprises in general, the Commission advocates the idea that, when taking
decisions, enterprises should always take into account the effects that those decisions could have on their
employees as well as on the social and regional context. This has recently been underlined in the
Commission Green Paper on Corporate Social Responsibility (1) (CSR). CSR means that an enterprise is
accountable for the impact it has on all relevant stakeholders. It concerns the continuing commitment by
business to behave fairly and responsibly and to contribute to economic development while improving the
quality of life of the work force and their families as well as of the local community and society at large.

It is evident that the social partners play a crucial part in this context. That is why the Commission aims to
develop the social dialogue within candidate countries by encouraging social partners to improve their
coverage and representativeness and to develop a genuine partnership approach as well as the institutions
and structures needed to implement
it. Equally governments must recognise social dialogue as an
important part of the acquis communautaire and therefore as something to be actively promoted, for
example by giving the social partners the necessary autonomy to engage in independent collective
bargaining, or by facilitating their participation in social dialogue at the European level.

Aid schemes managed by the Commission exclude support for relocation of industrial production from the
present Member states to candidate countries.

(1) COM(2001) 366 final.

(2003/C 52 E/056)

WRITTEN QUESTION E-1213/02

by Theresa Villiers (PPE-DE) to the Commission

(29 April 2002)

Subject: Security seals in the transportation of goods

With reference to EU Regulation 2787/2000 (1) (cid:1) Articles 357 and 386, Annex 46A pertaining to security
seals

1. How much consultation did the Commission have with seal manufacturers/users in the drafting of this

legislation? With whom did they consult?

2. Did the Commission review the existing testing regimes/practices of each Member State prior to the

implementation of this Regulation?

3. The system of acceptance and testing in the UK has made it possible to identify duplicate seals. Such
counterfeit seals have in the past been substituted for the original manufacturer’s product during a
journey, allowing cargo to be removed or added without being noticed. Bearing in mind that the
current reported world cargo loss is excess of USD 400 million a year excluding duty, what steps has
the Commission taken to ensure that the European market is not flooded with copy seals coming
from non-EU and non-regulated countries?

4.

If a security seal is accepted for use by one Member State, will this acceptance not only permit the use
in transit through other Member States, but also be acceptable by other Member States for supply in
all Member States? If not, does this mean that a seal must be tested by each individual Member State
before it is granted acceptance in each?

5. The UK minister with responsibility for this issue said in October 2001 in a letter to me, that ‘it is
suspected that most of the countries using the Community/common transit procedures do not have
suitable testing facilities and to introduce a stringent seal specification into Community legislation and
the Common Transit convention would for them be impossible to implement.’ Does the Commission

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Official Journal of the European Union

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the Commission does agree with this statement why have they
agree with this statement? If
implemented a new regulation that cannot be uniformly controlled or adequately met by all Member
States?

6. What steps is the Commission taking to ensure that Member States can suitably test their seals and

implement the Regulation?

7. Does the Commission have any plans to ask that Member States should provide details of the
department, process of evaluation and contact for seal acceptance? When? And if not, why not?

8. Does the Commission have any plans to compile a central listing of seals accepted by Member States

and the country of their acceptance, to be available to all interested parties? If not, why not?

(1) OJ L 330, 27.12.2000, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(13 June 2002)

Seals in the field of transit of goods are a means to provide reliable proof that the goods initially placed
under the procedure and those presented at the office of destination are identical. Sealing may, according
to the rules in application, be replaced by a precise description of the goods in the transit declaration in
reference to other elements of identity. Both means of identification of goods allow recognising cargo
manipulation and losses, but are unsuitable to prevent them to occur.

Authorisation and control of seals is a matter falling under the responsibility of the Member States that
apply their own testing procedures. In approving models of seals, Member States have to observe general
guidelines set up in Annex 46a of the implementing provisions to the Community Customs Code.
These guidelines based on the practical experience of national administrations do not consist in more or
less detailed technical specifications, but rather describe the objectives the competent national authorities
have to bear in mind when appreciating the qualities of a given type of seal. The objectives in question are
based on considerations relating to concepts of efficient customs administration and did not require
consultation with seals manufactures or users.

The Commission does not review the testing practices of the Member States and would not have the
expertise in practical enforcement matters to do so. It has no indication that these practices are detrimental
to the objectives of the above mentioned legislation on transit. It is, however, not the purpose of this
legislation to assure uniform marketing conditions for seal manufacturers throughout the internal market
of the Community.

As to the statement of the British minister on this issue, the Commission does not comment on such
speculations. The new Article 386 of the Commission Regulation (EC) No 2787/2000 of 15 December
2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code (1),
referred to by the
Honourable Member allows the customs authorities to authorise the use of special types of seals on
means of transport or packages on condition that the customs authorities approve the seals as complying
with the objectives set out in Annex 46a of the same Regulation. The Commission is confident that all
Member States’ customs administrations are able to test compliance with the set guidelines. In a number of
cases the Commission is facilitating the distribution of
information of test carried out by national
enforcement agencies which have expertise for the testing of seals.

The Commission does neither have the resources nor the expertise in enforcement to deal with concrete
approval procedures for seals.

(1) OJ L 330, 27.12.2000.