92000E0202

WRITTEN QUESTION P-0202/00

by Dominique Souchet (UEN) to the Commission

(31 January 2000)

Subject: Customs procedures employed against Saint Pierre and Miquelon

In the light of an inquiry conducted by the Unit for the Coordination of Fraud Prevention, certain European customs authorities have been instructed to refuse certificates of release for free circulation from the Saint Pierre and Miquelon territorial collectivity pursuant to Article 101 of Decision 91/482/EEC(1).

In relation to this particular case, will the Commission say what it defines as customs clearance procedures not subject to an exemption from, or a refund of, in whole or in part, customs duties or taxes having equivalent effect?

In view of the huge difficulties that such procedures can and will pose for the Saint Pierre and Miquelon territorial collectivity, is the Commission in a position to grant the collectivity a stay of execution pending the final outcome of the ongoing inquiry, given that the latter has stated its readiness to take any corrective measure proposed by the Commission?

(1) OJ L 263, 19.9.1991, p. 1.

Answer given by Mrs Schreyer on behalf of the Commission

(25 February 2000)

In the case referred to by the Honourable Member, it was found that transport aid was being granted in territories including Saint Pierre and Miquelon, to economic operators transhipping certain goods there.

The Commission is examining, with due regard to the information provided by the French authorities and those of Saint Pierre and Miquelon, whether the transport aid amounts to a refund of customs duties under Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories (OCT) with the European Economic Community.(1) Under that Decision, products not originating in an OCT which are in free circulation there and are re-exported as such to the Community may be imported into the Community free of customs duties and taxes having equivalent effect, provided the conditions in Article 101(2) have been complied with (payment in the OCT of customs duties or taxes having equivalent effect, no exemption from or refund of customs duties or taxes having equivalent effect, in whole or in part, and presentation of an export certificate).

In order to protect the financial interests of the Communities, the national authorities have been asked at this stage to take precautionary measures (deposits to be lodged by the operators concerned).

The Commission will inform the authorities concerned of the conclusions of its examination direct.

(1) OJ L 263, 19.9.1991. (amended by Decision 97/803/EC: OJ L 329, 29.11.1997).