WRITTEN QUESTION E-3472/02 by Hanja Maij-Weggen (PPE-DE) to the Commission. Extra checks on goods shipped to the United States via European ports.
Date: 2002-12-06
Institutions: European Parliament, Provisional data
Subjects: EU Member State, United States, bilateral agreement, carriage of goods, export monitoring, harbour installation, maritime transport, terrorism, transport safety

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Official Journal of the European Union

EN

13.3.2004

The German legislation is based on Article 8(2)(d) of Council Directive 92/81/EEC of 19 October 1992 on
the harmonization of the structures of excise duties on mineral oils (1). The Commission has not yet
examined in depth whether this article is appropriate; however, the Commission’s proposal for a special
regime for the taxation of biofuels, which is likely to be adopted in the coming months, has taken this
specific situation by a so-called ‘grand-fathering’ clause (Article 8c paragraph 3) into account. This clause
would allow Member States, which on 1 January 2001 totally exempted products solely made up of
biofuels, continue to totally exempt these until 31 December 2003.

France has been authorised by the Council to grant permits for the application of a differentiated rate of
excise duty to the fuel mixture ‘diesel/vegetable oil esters’. The reductions in excise duties cannot exceed
EUR 35,06/hl or EUR 396,64/t for vegetable oil esters.

The French legal arrangement is based on Article 25 of the amending finance law of 1997, on Decree
No 98-309 of 22 April 1998 laying down the requirements for participation in the invitation to tender for
the release for home use in France of biofuels giving rise to a reduction in domestic consumption tax, and
on the decision of 22 April 1998 setting up the Committee for the examination of authorisation requests
by biofuel production units.

The Commission does not know why Total-Elf-Fina has decided to sell diesel containing a percentage

2.
of rapeseed methyl ester.

(1) OJ L 316, 31.10.1992.

(2004/C 65 E/012)

WRITTEN QUESTION E-3472/02

by Hanja Maij-Weggen (PPE-DE) to the Commission

(6 December 2002)

Subject: Extra checks on goods shipped to the United States via European ports

Can the Commission confirm that it has objected to contracts between the American customs and a
number of European Union port authorities for extra checks on goods being shipped to the United States
via European ports?

Does the Commission not find it justified for the American customs to want to cooperate with the
European Union port authorities, when the aim is to prevent terrorist attacks via containers on shipping
on the transatlantic route?

Would it not be more constructive for the Commission to set up an agreement between the American
customs and all the relevant European Union port authorities for a uniform system of checks to prevent
terrorist activities?

Answer given by Mr Bolkestein on behalf of the Commission

(10 February 2003)

Regarding the concerns expressed by the Honourable Member on the Commission’s response to the
strengthening of security controls in European Ports by American Customs with a view to combat
terrorism, the Commission has been actively working to find a Community response to this question.

The Community shares the objective of improving maritime transport security and protecting trade against
any threat of terrorist attack. Concerning the United States initiative the Commission is concerned as to
the impact of this initiative, particularly with regard to Community policies in transport, trade and
customs. For this reason the Commission is opposed to the conclusion of bilateral agreements in areas
where a common Community approach is needed and negotiations between the Community and the
United States should be privileged. In December 2002 the Commission therefore sent letters of formal
notice to four Member States that had concluded bilateral agreements on this matter.

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Official Journal of the European Union

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On the other hand, the Commission fully shares the security concerns that have motivated the United
States initiative and recognises the importance of taking concrete steps to ensure, as quickly as possible,
a common level of security control on both sides of the Atlantic. This can best be done through a formal
Community/United States agreement offering mutually agreed standards for controls of all cargo exports
and ensuring strengthened customs co-operation in respect of transport security. It has been suggested to
American Customs to expand Container Security Initiative (CSI) as quickly as possible to all Community
ports which meet mutually agreed minimum standards of interest, as a pilot phase, together with those
ports covered so far by bilateral declarations between American Customs and Member States. These pilot
ports shall
then serve as experiments to allow the establishment of a longer-term comprehensive
Community/United States co-operation framework on security.

The Commission has pursued this objective with the United States’ authorities in various meetings between
the Commission and American Customs officials. Both sides recognise the importance of co-operation to
ensure both better security and facilitation of legitimate trade. In the discussion a number of major
principles for future co-operation were stressed, most particularly reciprocity, common standards for the
selection and performance of controls to increase security and at the same time facilitation for legitimate
trade.

It is hoped that these discussions will, in the near future, lead to a commonly agreed response to these
security concerns.

(2004/C 65 E/013)

WRITTEN QUESTION P-3497/02

by Claude Moraes (PSE) to the Commission

(2 December 2002)

Subject: Human rights violations in Iran

There is at present worldwide concern at the increasing violations of human rights in Iran, in particular
cases of torture and cruelty and inhuman or degrading treatment or punishment,
including stoning,
amputation and public executions. There is also evidence of increasing discrimination against religious
minorities, in particular the ongoing persecution of the Bahai community. The undertaking of ‘constructive
dialogue’ with Iran could be complemented by a transparent and independent tool for monitoring and
evaluating the human rights situation in the form of a ‘Special Rapporteur’ to objectively evaluate progress.

What specific steps are being taken to ensure Iran’s progress in moving towards a more tolerant and
peaceful society with a more open debate on human rights, and what plans are envisaged to effectively
measure such advance?

The EU has recently revived relations with Iran despite the US line undermining EU policy.
is
commented that troops deployed by the US in the Persian Gulf and the use of economic sanctions puts
Iran under perceived immediate threat and that under such circumstances it is not difficult for the radicals
to find an audience. It could prove very difficult for the EU to reach out to reformers in Iran if the US is
isolating and characterising Iran as being part of an ‘axis of evil’.

It

What pressure is the EU putting on the US to reconsider its positions on a policy of isolation and
sanctions towards Iran and engage in a more ‘constructive dialogue’ with Iran as is the current policy of
the EU?

Answer given by Mr Patten on behalf of the Commission

(20 December 2002)

In relation to Iran the Union conducts a policy of engagement through semestrial Comprehensive Dialogue
Meetings, bilateral
through demarches, and via the United Nations (UN).
On 21 October 2002, the General Affairs and External Relations Council endorsed the strategy to start a
Human Rights dialogue with Iran on the basis of the recommendations of the exploratory Troika mission

talks at Ministerial

level,