WRITTEN QUESTION E-0032/03 by Terence Wynn (PSE) to the Commission. Customs authorities.
Date: 2003-01-21
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, border control, confiscation of property, customs regulations, excise duty, free movement of goods, tobacco

15.1.2004

EN

Official Journal of the European Union

C 11 E/63

According to the information of General Direction for Regional Development in Portugal, the company
ECCO’LET has benefited as well from the European Regional Development Fund (ERDF) incentives in the
amount of EUR 3 166 101, concerning the Community Structural Fund (CSF) II (1994-1999). In what
concerns the CSF III (2000-2006), the amount of incentives included in the programme for economy is
EUR 2 020 907 as indicated in the following table.

(In euro)

Payments
to date

64 801

204 691

269 492

13 966

7 481

952 510

429 081

257 928

Programme

Project
number

Environment

ECCO’LET

Environment

ECCO’LET

Data
approved

28.06.1996

31.12.1999

Total incentive
approved

64 794

204 691

Environment

269 485

PEDIP II

PEDIP II

PEDIP II

PEDIP II

PEDIP II

RETEX (1)

RETEX

POE

(1)

Textile sector.

Diagnosis

Specific study

Expansion

Minimisation of waste

Other

5.8.1998

5.8.1998

26.5.1996

21.7.1995

31.12.1999

13 966

7 481

957 330

429 413

994 862

Demonstration
actions

Productivity
actions

PEDIP

2 403 052

1 660 966

11.1.1995

252 485

252 308

13.02.1998

241 079

RETEX

493 564

241 921

494 229

TOTAL CSFII

3 166 101

2 424 687

TOTAL CSFIII

2 020 907

The Commission is not aware of other restructurings accompanied by collective redundancies in
companies belonging to the ECCO group in other Member States.

More generally, the Commission would like to note that it invited the European social partners to engage
in a dialogue on anticipating and managing change with a view to applying a dynamic approach to the
social aspects of corporate restructuring. The social partners agreed to incorporate this important issue in
their recently adopted pluriannual work programme.

(1) OJ L 161, 26.6.1999.

(2004/C 11 E/067)

WRITTEN QUESTION E-0032/03

by Terence Wynn (PSE) to the Commission

(21 January 2003)

Subject: Customs authorities

The response to my question E-3264/02 (1) is not explicit. Do customs authorities at Palma Airport have
the right to confiscate cigarettes from outbound travellers when those cigarettes have been purchased with
the duty paid? I assume the previous answer implies ‘no’, can this be confirmed?

(1) See page 44.

C 11 E/64

Official Journal of the European Union

EN

15.1.2004

Answer given by Mr Bolkestein on behalf of the Commission

(25 February 2003)

The principle of free movement of goods, which is a corner-stone of the Internal Market, entails that
private individuals should be allowed the unimpeded transfer of duty-paid tobacco products from one
Member State to another.

Nevertheless, situations can be envisaged in which the authorities of a Member State may be justified to
interfere with the movement of goods, e.g. in cases involving potential tax fraud or other irregularities.
However, the compatibility of such measures with the principles of the Community Law has to be assessed
in the light of the circumstances of each particular case.

The Commission is investigating complaints concerning the seizure in Spain of tobacco from outbound
travellers. When these enquiries are complete, the Honourable Member will of course be informed of the
outcome.

(2004/C 11 E/068)

WRITTEN QUESTION E-0076/03

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(23 January 2003)

Subject: Situation of the EU shipbuilding sector and unfair competition from South Korea

Following South Korea’s failure to meet its obligations vis-à-vis the EU arising from the ‘agreed minutes’
signed on 22 June 2000 and given that an amicable settlement could not be reached by 30 September
2002, the Commission has had to resort to a dispute settlement procedure at the WTO. During the
Spanish presidency, a temporary defence mechanism was adopted for the EU shipbuilding industry
(Regulation (EC) 1177/2002 (1) of 27 June 2002), which will apply for the duration of
the WTO
procedure. This regulation (cid:1) and, therefore, the mechanism set up by it (cid:1) will remain in force until
31 March 2004. The Commission has recently presented its Sixth Report on shipbuilding in the world, in
which it once more stresses (cid:1) as in the five previous reports (cid:1) the problem of unfair competition from
South Korea and its damaging effects on the EU shipbuilding sector.

1.
Does the Commission consider the proposed period of validity of this defence mechanism to be
in the light of the likely duration of the dispute settlement procedure at the WTO, the
sufficient,
persistence of South Korea’s unfair competitive practices, and the longer recovery period needed by the
affected parts of the shipbuilding sector?

In the context of its obligation to undertake monitoring and regular revision of the situation of the
2.
various specific segments of the market (Regulation 1177/2002, Article 2(5)), is the Commission carrying
out, or does it intend soon to carry out, an analysis of other market segments which could be, or already
are, affected by South Korea’s persistent unfair competitive practices, and which could therefore become
the above-mentioned temporary defence mechanism (or a similar
eligible for
mechanism), as is implied in its Sixth Report on shipbuilding in the world?

the provisions of

3.
Can the Commission state what action, whether directly or via the IMF, it intends to take with a view
to ensuring the monitoring and evaluation of a possible full-scale restructuring of the South Korean
shipyards, in order to prevent any further instance of exclusive assistance being granted by the South
Korea authorities on lines similar to those which have brought about the existing unfair competitive
practices?

(1) OJ L 172, 2.7.2002, p. 1.