WRITTEN QUESTION E-0627/04 by María Sornosa Martínez (PSE) to the Commission. Failure to comply with Community legislation during border veterinary checks in Spain.
Date: 2004-03-03
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, customs regulations, fishery product, restriction on competition, veterinary inspection

C 88 E/518

Official Journal of the European Union

EN

8.4.2004

(2004/C 88 E/0530)

WRITTEN QUESTION P-0626/04

by Juan Ferrández Lezaun (Verts/ALE) to the Commission

(24 February 2004)

Subject: The Spanish NHP alternatives

The Spanish Government has submitted its request for European funding for transferring water from the
River Ebro, as part of the Spanish NHP. As the Commission has already stated on several occasions, the
vast scale of the water transfer means that a global assessment of the scheme will be carried out.

If the Commission finds against this global assessment, is it correct to state that the earmarked Community
funding will not be allocated to this scheme?

Does the Commission know whether the Spanish Government has alternative schemes ready, should
Community funding be refused for the Ebro water transfer scheme submitted?

What will happen to the funds earmarked for Spain?

Answer given by Mr Barnier on behalf of the Commission

(29 March 2004)

The financing of major projects through the two main Community financial
instruments available to
Spain, the European Regional Development Fund (ERDF) and the Cohesion Fund, is subject to the respect
for the regulations on these funds and the programming documents adopted for their implementation.

The Commission adopts its co-financing decisions on major projects in line with the relevant Community
Regulations on these funds and in full compliance with all applicable Community legislation and policies.

At present, the Commission is in the process of analysing the submitted projects. A decision concerning
the possible allocation of Community funds for these projects can only be taken once all the information
has been carefully analysed. Therefore, it is too early to speculate on the outcome of this evaluation.

The Commission is not aware whether the Spanish authorities have alternative projects to the ones
submitted for financing in case these are not accepted.

(2004/C 88 E/0531)

WRITTEN QUESTION E-0627/04

by María Sornosa Martínez (PSE) to the Commission

(3 March 2004)

Subject: Failure to comply with Community legislation during border veterinary checks in Spain

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 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.

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;