WRITTEN QUESTION E-2966/02 by Nicholas Clegg (ELDR) to the Commission. Circumstances for withdrawing from GATS commitments.
Date: 2002-10-22
Institutions: European Parliament, Provisional data
Subjects: GATS, World Trade Organisation, international trade, withdrawal from an agreement

C 268 E/22

Official Journal of the European Union

EN

7.11.2003

(2003/C 268 E/025)

WRITTEN QUESTION E-2945/02

by Paulo Casaca (PSE) to the Commission

(18 October 2002)

Subject: Abuse of funds in Romania

‘Libération’ reported on 27 September 2002 that the Romanian authorities have announced the opening of
an inquiry into the abuse of EU funds intended for the construction of a port facility on the Danube.

Can the Commission confirm the correctness of this press report?

Can the Commission provide guarantees that it is following this procedure with the necessary attention
and that it will forward to Parliament, in good time, a detailed report in the context of the discharge
procedure for the 2001 budget?

Answer given by Mr Verheugen on behalf of the Commission

(5 December 2002)

The Romanian authorities have informed the Commission that an investigation had been launched
concerning a project co-financed by PHARE under the CREDO Programme.

The CREDO Programme was a multi-country grant scheme for cross-border co-operation projects between
Central and Eastern European countries and between them and the bordering New Independent States. The
objective was to promote good neighbourliness, social stability and economic development in the border
regions by providing funding for projects which yield tangible benefits to both sides of the border.

The project under investigation was a ferryboat passage for large vehicles between Tulcea and Reni on the
Romanian (cid:1) Ukrainian border. Total amount of the project was EUR 302 530, out of which EUR 239 466
were provided by PHARE.

The Commission has confirmed to the Romanian authorities its readiness to support the investigation in
Romania. The European Anti-Fraud Office (OLAF) has been notified as a matter of course. However, it
should be underlined that at this stage the Commission has not received any information which would
confirm any abuse of EU funds.

As soon as the Commission receives further
developments of their investigation, the Honourable Member will be duly informed in writing.

information from the Romanian authorities on the

(2003/C 268 E/026)

WRITTEN QUESTION E-2966/02

by Nicholas Clegg (ELDR) to the Commission

(22 October 2002)

Subject: Circumstances for withdrawing from GATS commitments

Under what circumstances are member countries of the WTO able to withdraw commitments made under
GATS, either from individual GATS schedules or from the GATS agreement as a whole?

Answer given by Mr Lamy on behalf of the Commission

(31 October 2002)

Commitments made under individual General Agreement on Trade in Services (GATS) schedules may
according to Article XXI of the GATS be withdrawn or modified after they have been in force for three
years (Article XXI of the GATS). A Member shall notify its intent to modify or withdraw a commitment to
the Council for Trade in Services no later than three months before the intended date of implementation of

7.11.2003

EN

Official Journal of the European Union

C 268 E/23

‘compensation’ may need to be negotiated with Members
the modification or withdrawal. On request,
whose trade is affected. This does not mean monetary compensation, but
the
withdrawn commitment by another of equivalent value. Any compensatory adjustments shall be made on
a most-favoured-nation basis.

the replacement of

The GATS agreement is an integral part of the World Trade Organisation (WTO) Agreement, and binding
on all WTO Members (Article II of the WTO Agreement). It is therefore not possible for a Member to
withdraw from the GATS as a whole without also withdrawing from the WTO. A Member wishing to
withdraw from the WTO must, according to Article XV of the WTO Agreement, notify the Director-
General of the WTO at least six months before the intended date of withdrawal.

(2003/C 268 E/027)

WRITTEN QUESTION P-2969/02

by Bert Doorn (PPE-DE) to the Commission

(16 October 2002)

Subject: Binding tariff information (BTI) database

When new products are imported into the internal market they have to be classified for taxation purposes.
For some products, ‘binding tariff information (BTI)’ is issued. Sometimes, different customs services issue
different BTIs for the same products, and sometimes the classification assigned, and hence the BTI, is
incorrect. This situation is an obstacle to the internal market, distorts competition and is damaging to
European industry. To a large extent it could be remedied by establishing a directly accessible database on
the Internet, so that businesses which had suffered could take action quickly.

Towards the end of 2000, Commissioner Bolkestein promised industry in the Netherlands in a letter that a
BTI database which could be consulted via the Internet would be set up shortly. That was nearly two years
ago, and there is still no such database for use by those involved in international trade.

Now the CD-ROM version is no longer being published, either. This makes it very difficult for industry to
ascertain what products have been registered.

Is the Commission aware of the unclear situation which currently exists regarding the registration of
binding tariff information?

Is the Commission aware of
information and the economic damage they may suffer as a result?

the difficulties experienced by businesses in obtaining binding tariff

When will the Commission keep its promise to establish a BTI database which is up to date and can be
consulted direct, via the website, by those involved in international trade?

Answer given by Mr Bolkestein on behalf of the Commission

(18 November 2002)

Binding Tariff Information (BTI) is regulated by Article 12 of the Community Customs Code (Council
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1)) and
Articles 5-14 of the corresponding Implementing Provisions (Commission Regulation (EEC) No 2454/93 of
2 July 1993 (2)).

Binding Tariff Information is a classification decision issued (cid:1) prior to an envisaged importation or
exportation (cid:1) by a national administration for one specific product in favour of an economic operator
(holder). It is an instrument designed to assist economic operators in obtaining the correct classification of
their goods in the tariff and statistical nomenclature when filling in their import or export declaration and
to give them legal security. It is generally valid for six years in all Member States, regardless of the Member
State that issued it.