WRITTEN QUESTION E-2071/99 by Klaus-Heiner Lehne (PPE-DE) to the Council. Balkans Coordinator.
1. 8. 2000 EN Official Journal of the European Communities C 219 E/83 exporting country confirms the accuracy of the information provided. Should it emerge later that the information given by the exporter is inaccurate for whatever reason, even though it was certified as accurate by the exporting country, the duty is levied on the party owing the duty, often years later. In my view, this means that Community importers are penalised by law through no fault of their own. Will the Commission say: 1. Does it take the view that importers are disadvantaged by these arrangements and that their good faith is adequately protected? 2. Does it see any possibility of adding the following to Article 220. 2(b) of the Community Customs Code: Ex post facto auditing shall be excluded even if the duty due by law has not been levied owing to faulty documentation of the exporting country or a Member State, unless the party owing the duty was aware of this errorí? 3. Does it agree that practical problems arising from a supplement of this kind to the Article in question can be prevented if duly justified doubts about the implementation of the preferences arrangements by a given country are published in the Official Journal, which would mean that the importer could no longer claim he was acting in good faith? Answer given by Mr Bolkestein on behalf of the Commission (3 December 1999) 1. The Court of Justice has ruled that authorities in an exporting country who issue an origin certificate based on factually incorrect information supplied by an exporter have not committed an error within the meaning of Article 220(2)(b) of the Community Customs Code and hence the question of the importerís good faith does not arise. The obligation to pay customs duties that are legally owed cannot be regarded as unfairly penalising importers. On the basis of an amendment adopted by Parliament in March 1999 the Commission submitted a 2. proposal for amendment of Article 220 in June; this is currently before the Council. 3. The proposal provides for notice to be given to importers via publication in the Official Journal. (2000/C 219 E/099) WRITTEN QUESTION E-2071/99 by Klaus-Heiner Lehne (PPE-DE) to the Council (15 November 1999) Subject: Balkans Coordinator Is it the intention to extend the mandate of the Balkans Coordinator, Bodo Hombach, beyond 31 December 1999? Reply (31 January 2000) The Council adopted a Joint Action on 9 December 1999 extending the mandate of the EU special envoy, Bodo Hombach, until 31 December 2000. The Council Joint Action containing that decision was published in Official Journal L 318 of the European Communities of 11 December 1999