WRITTEN QUESTION P-0025/03 by Dirk Sterckx (ELDR) to the Commission. List of products for which countermeasures can be taken in the context of the American Foreign Sales Corporation.
Date: 2003-01-13
Institutions: European Parliament, Provisional data
Subjects: United States, World Trade Organisation, common commercial policy, export subsidy, import (EU), import tax, trade dispute

13.3.2004

EN

Official Journal of the European Union

C 65 E/19

Euro-Atlantic Partnership Council, tackled two fundamental issues among others: the updating of NATO’s
strategic capacity and its enlargement, three years before the entry of the first three former Soviet bloc
countries.

The Alliance’s political and strategic profile had to be redefined as a result of the diversification of the
sources of instability and insecurity (rather than the previous predominant Soviet threat) and the extension
of the tasks entrusted to NATO by the 1991 and 1999 Strategic Concept, which envisaged opposition to
the proliferation of weapons of mass destruction and the fight against
terrorism and
organised crime. The results achieved in Prague seem to suggest that the Alliance is still the political and
military lynchpin of the new European security framework, even though the summit did not manage to
resolve all the Alliance’s political and institutional problems.

international

Can the Commission say:

1. whether it still considers NATO to be an alliance in the traditional sense of the word, or as the

beginning of a new and more efficient collective security system;

2.

3.

in what sense relations between the European Union and the United States are established and
developed within it;

in the military context, what the position of the Union’s Rapid Reaction Force will be vis-à-vis the
NATO Reaction Force, since 17 of the 19 NATO countries are European;

4. what role is played by the WEU in this context;

5. whether

it

is conceivable that

the ‘enhanced cooperation’

formula may provide the required

effectiveness for the member countries and ensure an autonomous defence policy?

Answer given by Mr Patten on behalf of the Commission

(17 January 2003)

The questions asked by the Honourable Member fall outside the Commission’s competence and it would
therefore be inappropriate for the Commission to reply.

(2004/C 65 E/020)

WRITTEN QUESTION P-0025/03

by Dirk Sterckx (ELDR) to the Commission

(13 January 2003)

Subject: List of products for which countermeasures can be taken in the context of the American Foreign

Sales Corporation

On 13 September 2003 the Commission published a draft list of products for which countermeasures
could be taken as a reaction against fiscal treatment by the United States under the Foreign Sales
Corporation law. A number of importers of American products who are on the list are dissatisfied with
this measure.
this measure could do serious damage to certain European
companies? Does the Commission already have an idea of the reaction of those concerned? Will the
Commission change the list
the
Commission reach a final decision?

those concerned? When will

Is there not a risk that

to take account of

the reactions of

Answer given by Mr Lamy on behalf of the Commission

(7 February 2003)

The Honourable Member raises the concern of Community importers on the negative effect that any
eventual imposition of sanctions on American products would have on their business.

C 65 E/20

Official Journal of the European Union

EN

13.3.2004

In that respect, it would be useful to recall the circumstances relating to the World Trade Organisation
(WTO) incompatible Foreign Sales Corporation/Extraterritorial Income (FSC/ETI) legislation which provides
an illegal export tax subsidy to American firms to the tune of roughly USD 4 000 million per year.
In particular, following the Community’s successful challenge of the FSC/ETI legislation before the WTO,
on 30 August 2002 the Community was granted by the WTO the right to impose countermeasures in the
form of tariffs on imports of certain goods from the United States up to that amount. However, the United
States has not yet taken concrete steps towards compliance, although both the Administration and senior
members of Congress have indicated that this is their intention.

At the same time it must be made clear that the Commission’s objective in this dispute is not the
imposition of countermeasures on American products but to obtain the withdrawal of illegal measures that
adversely affect the interests of Community companies. The Commission’s aim is, therefore, to ensure that
the United States complies with the WTO ruling on FSC within the shortest time possible. But if the
United States fails to comply, the Community will have no other option than to exercise its WTO rights.

In an attempt, however, to minimise the negative consequences that any eventual countermeasures could
create for European industry, the Commission has launched a public consultation exercise by selecting
only products for which imports from the United States represent a maximum 20 % of total imports into
the Community. The Commission is, therefore, now in the process of evaluating comments received from
interested parties during the public consultation period. In carrying out this analysis, the Commission will
be particularly vigilant to ensure that no harm is caused to Community interests which is after all the
stated objective of the whole exercise. A final decision on this will be taken following consultation of the
Member States during the first quarter of 2003. At this stage, however, no comments can be made with
respect to the inclusion or exclusion from an eventual list of sanctions of particular products.

(2004/C 65 E/021)

WRITTEN QUESTION E-0180/03

by Glyn Ford (PSE) to the Commission

(30 January 2003)

Subject: GM crop trials

Can the Commission confirm whether, during and after GM crop trials, Member State citizens will have
access to the details of the environmental monitoring procedure and its results?

Answer given by Mrs Wallström on behalf of the Commission

(14 March 2003)

Experimental releases of genetically modified organisms (GMOs), including GM crops, are now regulated
under Part B of Directive 2001/18/EC of the Parliament and of the Council of 12 March 2001, on the
deliberate release into the environment of genetically modified organisms (1), which was applicable on
17 October 2002. To date (20 February 2003), 22 experimental releases have been conducted under this
Directive. Summary details of these releases are publicly available via the web site of the Joint Research
Centre of the Commission at: (http://gmosnif.jrc.i).

regulation of experimental

Directive 2001/18/EC replaced Council Directive 90/220/EEC of 23 April 1990 (2), which similarly
provided for
its Part
B. Approximately 1 700 experimental releases were conducted under Directive 90/220/EEC from its
application in October 1991 until it was replaced on 17 October 2002. Summary details of these releases
(http://
are publicly available via the web site of the Joint Research Centre of the Commission at:
biotech.jrc.it).

including GM crops, under

releases of GMOs,

Under Directive 90/220/EEC, the examination of applications and granting of consent for experimental
releases were carried out by the authorities of the Member State in which the release was to take place.
This procedure will continue under Directive 2001/18/EC.