91999E2817

WRITTEN QUESTION P-2817/99

by Niels Busk (ELDR) to the Commission

(7 January 2000)

Subject: Customs processing of T5 forms

After being stamped at the customs office of departure, T5 forms have to be forwarded to the authorities (Customs Service, Postal Service and/or intervention agency), although the exporters continue to bear full responsibility.

Will the Commission take steps so that responsibility for returning T5 forms is also transferred to the authorities and so that the loss of a T5 form in the authorities' keeping is automatically deemed to be force majeure?

Will it require all intervention agencies to notify exporters of any missing T5 forms no later than three months after the export declarations have been accepted?

Will it take steps to require national intervention agencies to establish on-line computer systems so that T5 forms can be tracked down at any given time?

Answer given by Mr Bolkestein on behalf of the Commission

(3 February 2000)

Where a control copy T5 is used to check the use or destination of agricultural products for export from the Community, the office of destination checks the use or destination provided for (in this case, exit from the customs territory) and must record, if necessary by keeping a copy, the data on the control copy T5 and the results of the checks carried out. The original is then sent without delay to the address stated on the document (the customs authority or intervention agency), after the necessary

formalities have been fulfilled and after this has been duly noted by the office of destination (Articles 482(4) and 483 of Commission Regulation (EC) No 2454/93 of 2 July 1993 the customs code implementing provisions)(1).

Under these circumstances, responsibility for returning the original already falls to the authorities, and in the event that the original is lost after its return by the office of destination, the latter continues to be able to confirm that the goods have been assigned to their intended use or destination, by virtue of its record of the data and the results of the checks carried out. Even then, a duplicate can be issued if necessary, in accordance with Article 486(4) of the Regulation, annotated by the office of destination. In the Commission's opinion, therefore, there is no need to provide for force majeure in such circumstances.

The Commission considers that the Member States are best placed to assess and decide whether it is appropriate for national intervention agencies to inform exporters of any failure to return the control copy T5 within three months from the receipt of the export declaration and whether it is necessary to set up a computer system for this purpose. It does not think it appropriate to propose the adoption of new legal obligations for the national intervention agencies.

(1) OJ L 253, 11.10.1993.