WRITTEN QUESTION E-3596/03 by Brigitte Langenhagen (PPE-DE) to the Commission. EU border controls.
Date: 2003-12-05
Institutions: European Parliament, Provisional data
Subjects: European Economic Area, Iceland, Norway, consumer protection, customs inspection, fishery product, fishing industry, food safety, health control, surveillance concerning imports

27.3.2004

EN

Official Journal of the European Union

C 78 E/603

Answer given by Mr Patten on behalf of the Commission

(23 December 2003)

The Commission is fully informed on the outcome of the 13th Ibero-American summit which concluded
on the 15 November 2003 in Santa Cruz. The theme of the summit and some of its conclusions are fully
consistent with one of the main objectives of the Commission in its relations with Latin America:
promoting social cohesion.

At the last ministerial meeting between the Union and the Rio Group held in Vouliagmeni, the Member of
the Commission responsible for External relations proposed social cohesion as the central theme of the
next summit of Heads of State of the Union and Latin America and the Caribbean to be held in
Guadalajara, Mexico in 2004. The fact that this theme has been at the centre of the discussions in Santa
Cruz encourages the Commission to continue working on this issue. The Commission and the Inter
American Development Bank have set up a working group on social cohesion to propose measures in this
field that could be submitted to Heads of State in Mexico.

The Commission considers that the development of the Ibero-American Community is very positive for
the Union. The participation in this Community of two Member States contributes to strengthening the
relations, the dialogue and the understanding between the Union and Latin America.

The Commission considers that the setting up of Ibero-American Community representation is an internal
matter and therefore does not envisage any particular initiative in this regard.

(2004/C 78 E/0638)

WRITTEN QUESTION E-3596/03

by Brigitte Langenhagen (PPE-DE) to the Commission

(5 December 2003)

Subject: EU border controls

There is evidence that fisheries products are being imported into the EU, mainly via EEA countries, from
third-country factory vessels which are not authorised to export to the EU. As well as being more
economically competitive than products from EU fisheries, as money is saved by omitting to make the
investments necessary to ensure hygienic conditions during fishing and processing, these imports are
unsafe from a health point of view, and should be regarded as posing a health risk.

I am aware that there is an comprehensive body of Community legislation laying down the procedures to
be followed at border inspection posts as regards the import of products of animal origin,
including
fisheries products from third countries.

Commission services and officials are doing all they can in the course of their inspections to uncover
irregularities at Community border inspection posts.

I am further aware that the EEA countries have laid down statutory regulations for fisheries products
which correspond or are equivalent to EU regulations.

According to Community rules, fisheries products which are imported into the EU from third countries via
EEA countries should be checked at the border inspection posts of the EEA countries.

However, significant quantities of fisheries products which do not comply with EU regulations still enter
the Community economic area via these border inspection posts, and this is an open secret among
economic operators in North East Atlantic and North Sea regions.

C 78 E/604

Official Journal of the European Union

EN

27.3.2004

Can the Commission therefore answer the following questions:

(cid:1) How and to what extent do the relevant Commission services monitor the proper importing of

fisheries products at the external borders of the EEA countries, and thus also of the EU?

(cid:1) In what ways can the Commission take effective action to detect disparities in the way Community
import procedures are applied by EEA countries and to ensure that lasting improvements are made,
given that EEA countries are third countries, albeit with a special status?

(cid:1) What can the Commission do to prevent the above-mentioned import via EEA countries of fisheries
products which do not comply with EU regulations, in order to protect the Community’s domestic
fishery industry and consumers?

Answer given by Mr Byrne on behalf of the Commission

(2 February 2004)

Iceland and Norway are linked to the Union by the European Economic Area (EEA) agreement. Both
countries have adopted Community legislation concerning imports from third countries as regards fish and
fishery products, both for import conditions and for import procedures. These EEA States have put in
place a network of border inspection posts for the examination of products imported from third countries.
Once cleared for free circulation into these two EEA States, fish and fishery products from third countries
may circulate freely anywhere within the single market.

Inspection and enforcement of legislation in the EEA States is carried out by ESA, the European Free Trade
Association (EFTA) Surveillance Authority which carries out missions to the EEA States to verify
compliance with the Community requirements in relevant areas of the aquis. As regards border inspection
posts however, Annex I to the agreement [Veterinary and Phyto Sanitary matters] states at point I.
paragraph 4.B:

Inspection of border
Commission and the EFTA Surveillance Authority.

inspection posts shall

take place in close cooperation between the EC

The EFTA Surveillance authority shall be entitled to participate in inspection visits of the Commission
services to the EC Member States with regard to the decisions to which reference is made in
paragraph 5(b), first indent.

The EC Commission and the EFTA Surveillance Authority shall arrange joint inspection visits to
establish a common recommendation for the purposes of the decisions to which reference is made in
paragraph 5(b), second indent. Any issue arising out of this connection may be referred to the EEA
Joint Committee.

These missions look at both the development of facilities and the application of the relevant veterinary
aquis.

The reports of the ESA inspections are sent to the Commission and are also available on their own
website (1).

The two latest ESA reports available for missions to Norway and Iceland have highlighted that these two
countries seem to be accepting fishery products from non-approved sources. In the case where this would
be considered as an infringement of EEA legislation (i.e. EC legislation), it is for ESA to take action as the
body responsible for enforcement of the legislation in the EEA States.

(1) http://www.eftasurv.int/