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, health certificate, restriction on competition, veterinary inspection

C 84 E/640

Official Journal of the European Union

EN

3.4.2004

The Commission will be able to approve a national aid programme notified to it under Article 88(3) of the
EC Treaty provided all relevant conditions stipulated in the Community Guidelines for State Aid in the
Agriculture Sector are met.

(2004/C 84 E/0720)

WRITTEN QUESTION E-0622/04

by Karin Riis-Jørgensen (ELDR) to the Commission

Subject: Ban on entering Russia for Danish journalist

(1 March 2004)

The Danish journalist, Vibeke Sperling, who works for the daily newspaper Politiken, has been refused an
entry visa into Russia without any justification. This is a serious matter which raises issues of principle
concerning the standards that the EU requires of its partners, including Russia.

Will the Commission, therefore, say whether it has contemplated raising such problems of freedom of the
press in the context of the forthcoming negotiations with Russia on the cooperation agreement between
the EU and Russia, and making clear to Russia that such infringements of fundamental freedoms are not
acceptable to the EU?

Answer given by Mr Patten on behalf of the Commission

(31 March 2004)

The Commission is concerned at reports of infringements of the freedom of the press in Russia and is
closely following developments, including with regard to the specific case of Ms Sperling. Although the
decision to grant a visa or not is the prerogative of Russia, it is most regrettable that Russia has chosen to
act in a restrictive and opaque manner in this case. The Commission recalls the public declaration of
concern on media freedom issued by the EU in July 2003.

In its recent Communication on relations with Russia (1), the Commission underlined the need for the EU
to hold an open and frank dialogue,
in order to insist that Russia respect the values to which it is
committed as a member of the Organisation for Security and Cooperation in Europe (OSCE) and Council
of Europe, including respect for human rights and media freedom. These issues are frequently raised in the
political dialogue which the EU holds with the Russian authorities.

The EU’s activity is not limited to political dialogue. In view of its concerns on media freedom, the
Commission will continue to support the development of an independent and pluralistic media in Russia,
including via projects funded under the European Initiative for Democracy and Human Rights.

The Commission does not see this issue as linked to the extension of the EU/Russia Partnership and
Cooperation Agreement to the ten acceding Member States, which is a purely technical procedure.

(1) COM(2004) 106 final.

(2004/C 84 E/0721)

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

3.4.2004

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Official Journal of the European Union

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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?