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, veterinary inspection

8.4.2004

EN

Official Journal of the European Union

C 88 E/519

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:

(cid:1) 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;

(cid:1) 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 88 E/0532)

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, 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)
No 136/2004 (3)) and Directive 97/78/EC (4):

(updated and extended by Regulation (EC)

(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;

(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;

C 88 E/520

Official Journal of the European Union

EN

8.4.2004

(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.

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

(17 June 2004)

The Commission has been in contact with the Spanish authorities and obtained a copy of the internal
Spanish instructions to which these questions refer.

The instructions are detailed and contain guidance for a number of practical situations that may arise at
border inspection posts in Member States receiving products of animal origin, and also instructions for the
landing of fish and fishery products.

The Commission considers that many of the issues covered as regards veterinary checks are implemented
under the responsibility of the official veterinarian in the border inspection post.

As regards fishery imports and veterinary checks, there are certain areas in the instructions where the
interpretation given by Spanish authorities concerning EU certification requirements requires further
clarification. The Commission has already discussed these instructions with a representative of the Spanish
authorities in the light of recent developments in legislation in this area. The Spanish authorities have
agreed to clarify the instructions in order to avoid any misunderstandings by inspectors at border
inspection posts.

The Commission agrees that where there is no original health certificate presented with a consignment of
products for import, EU legislation requires the consignment to be refused entry.

There is nothing in the instructions that would authorise the import of products other than from approved
countries and from approved establishments in those countries. From a hygiene viewpoint there is no
evidence in the instructions of more lenient treatment of products from third countries in comparison to
that of products produced in Member States.

The Commission believes, therefore, that the instructions comply with Community legislation and do not
represent either unfair treatment of Community products or a requirement for Spanish veterinarians to
disregard Community rules.

(2004/C 88 E/0533)

WRITTEN QUESTION E-0715/04

by José García-Margallo y Marfil (PPE-DE) to the Commission

Subject: Polish VAT increase for citrus fruit

(10 March 2004)

The Polish Parliament recently adopted a bill on taxing goods and services. The bill includes a significant
increase in taxes on consumer goods, particularly citrus fruits and other imported products. The bill
provides for a VAT rate of 22 % on citrus fruit, whereas all other Polish-produced fruit and vegetables will
be taxed at 7 %.