WRITTEN QUESTION E-0628/04 by María Sornosa Martínez (PSE) to the Commission. Documentary irregularities when authorising third-country products during Spanish border checks.
Date: 2004-03-03
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, customs regulations, health certificate, restriction on competition, veterinary inspection

3.4.2004

EN

Official Journal of the European Union

C 84 E/641

allow the entry of consignments as direct landings of fishery products when they do not fulfil that
condition under current Community rules, and even exempting certain products from compulsory
veterinary checks (and, consequently,
from the corresponding charges) when these rules contain no
provision for doing so. The SGSEV is also allowing the captains of fishing vessels, an interested party in
the trade transaction, to sign not just a simple declaration but also health certificates on behalf of the
competent authority in the country of origin.

Bearing in mind the provisions of Directive 97/78/EC (2)
laying down the principles governing the
organisation of veterinary checks on products entering the Community from third countries, Directive 91/
493/EEC (3) laying down the health conditions for the production and the placing on the market of fishery
products, Decision 93/13/EEC (4) (updated and extended by Regulation (EC) No 136/2004 (5)) laying down
the procedures for veterinary checks at Community border inspection posts on products from third
countries and Regulation (EC) No 1093/94 (6) setting the terms under which fishing vessels of a third
country may land directly and market their catches at Community ports:

Can the Commission guarantee that the practice currently being applied by the SGSEV complies with
Community legislation protecting human and animal health and the rights of consumers and citizens in
general?

Does the Commission not consider, furthermore, that the Spanish authorities are favouring certain import
companies that are subject to fewer health and financial requirements when placing products from third
countries on the market over producers in the EU Member States?

(1)

Instructions from the Subdirectorate-General for External and Veterinary Health dated 1 October 2003 concerning
documentary checks on direct landings of fishery products.

(2) OJ L 24, 30.1.1998, p. 9.
(3) OJ L 298, 24.9.1991, p. 15.
(4) OJ L 9, 15.1.1993, p. 33.
(5) OJ L 21, 28.1.2004, p. 11.
(6) OJ L 121, 12.5.1994, p. 3.

(2004/C 84 E/0722)

WRITTEN QUESTION E-0628/04

by María Sornosa Martínez (PSE) to the Commission

(3 March 2004)

Subject: Documentary irregularities when authorising third-country products during Spanish border checks

The Subdirectorate-General for External and Veterinary Health (SGSEV) of the Spanish Ministry of Health
and Consumer Affairs has issued instructions (1) ordering official veterinarians at border inspection posts to
allow the entry of consignments of third-country products that do not comply with current Community
rules on product certification and registration. More specifically, this body has instructed those inspectors
whose job it is to check on import conditions not to prevent the entry of products from third countries
even if problems arise on their arrival in port, such as failure to provide the original copy of the health
certificate from the country of origin (a simple faxed copy is accepted).

Inspectors have also received instructions to overlook documentary requirements, such as official
recognition of the country of origin as an authorised country (cid:1) as soon as the product leaves the port
and not when it arrives (cid:1), the failure to report product defects in writing and within the specified period,
a problem that is usually remedied with a sworn declaration by the commercial agent, and a lack of
information about the consignment, code, date of manufacture or the surplus of goods etc.

Bearing in mind the provisions of Decision 93/13/EEC (2) (updated and extended by Regulation (EC) No 136/
2004 (3)) and Directive 97/78/EC (4):

(cid:1) Does the Commission consider that the Spanish authorities are acting properly in authorising third-

country products arriving on Community territory at Spanish ports?

C 84 E/642

Official Journal of the European Union

EN

3.4.2004

(cid:1) Does the Commission not think that this watering-down of the health documentation and certification
requirements for third-country products means unfair treatment of Community products, which must
comply with all the rules?

(cid:1) Is the Commission not of the opinion that in irremediable situations, such as the absence of an
original copy of a health certificate on arrival in a port, the Spanish authorities should, in accordance
with Directive 97/78/EC, refuse to allow the entry of these goods?

(cid:1) Does the Commission not consider that, by issuing these instructions, the Spanish authorities are
forcing official veterinarians at Spanish border inspection posts to disregard Community rules on the
protection of human and animal health?

(1)

Instructions from the Subdirectorate-General for External and Veterinary Health dated 11 April 2002 concerning
remediable deficiencies in goods inspections.

(2) OJ L 9, 15.1.1993, p. 33.
(3) OJ L 21, 28.1.2004, p. 11.
(4) OJ L 24, 30.1.1998, p. 9.

Joint answer
to Written Questions E-0627/04 and E-0628/04
given by Mr Byrne on behalf of the Commission

(6 April 2004)

The Commission is aware of the allegations concerning the instructions in question and is continuing its
enquiries as to whether the instructions involve conflicts with Community legislation concerning controls
on imports.

If, after more detailed study of the allegations, there is any evidence of conflict with Community legal
requirements, the Commission will take the matter up with the Spanish authorities. The Commission will
contact the Honourable Member when its enquiries are complete.

(2004/C 84 E/0723)

WRITTEN QUESTION E-0632/04

by Marco Cappato (NI) to the Commission

(3 March 2004)

Subject: Hunger strike by Tunisian journalist Abdallah Zouari

The Tunisian journalist Abdallah Zouari, sentenced on 29 August 2003 to 13 months’ imprisonment for
‘defamation’ and ‘failure to comply with an administrative decision’, has been on hunger strike for 20 days.
On 17 February 2004, his family learned that the Tunisian prison authorities had, for the second week
running, refused them permission to visit him in prison.

As far back as 2002, regarding a previous arrest of Mr Zouari (joint reply to Written Questions E-2526/
02, E-2597/02 and E-2629/02 (1)),
the Commission expressed ‘doubts concerning the re-arrest of
Mr Abdallah Zouari and the legitimacy of the administrative measure behind it’.

Has the Commission moved to call on its office in Tunis to request a prison visit to Mr Zouari? If not,
does the Commission intend to do so in the next few days?

What conclusions has the Commission drawn about the ‘legitimacy of the administrative measure’ used in
Mr Zouari’s case, over which it had expressed doubts?

Does the Commission intend to intervene with the Tunisian authorities to call for the release of political
dissidents,
Jebali and Abdallah Zouari, who were arrested for
expressing their opinion?

in particular the journalists Hamadi

(1) OJ C 155 E, 3.7.2003, p. 26.