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News Release


Frits Bolkestein

No. 20/03
March 18, 2003

EU COMMISSION WELCOMES COUNCIL AUTHORIZATION TO NEGOTIATE WITH US ON TRANSPORT SECURITY COOPERATION

The European Commission has welcomed the EU Council of Ministers’ agreement today on a mandate for the Commission to negotiate with the United States on mutually acceptable customs controls of goods, particularly of goods transported in containers, to address the threat of terrorist attacks. The customs control arrangements which the Commission will negotiate with the US will complement US initiatives launched after the attacks of September 11, 2001 to establish international cooperation and integrate security checks in normal customs controls before goods leave a country.

The Commission fully shares the concerns of the United States about improving security and considers that the most effective means to meet these concerns is by cooperation at EU level with the US. This EU-level approach would also prevent differential treatment of member states and trade diversion within the EU. Another objective of the negotiations is to ensure that legitimate transatlantic trade is not hindered by the increased security arrangements and that controls standards are equalized for US and EC operators. Preliminary talks with the United States have already taken place and formal negotiations will begin as soon as possible.

EU Commissioner Frits Bolkestein, who is responsible for Customs matters, said today:

"I welcome the decision by EU Ministers to endorse the Commission's proposal to negotiate customs control arrangements with the United States that will balance security needs with trade facilitation. The security concerns of both the US and the EU will best be addressed by reciprocal co-operation rather than by unilateral actions which can impact on trade and cause competitive distortions without necessarily providing increased security assurances."

The Commission proposal for a negotiating mandate was presented on 23rd January.

The Mandate

The Council has authorized the Commission to negotiate an extension of the scope of the 1997 EC/US customs co-operation agreement so as to ensure a more coordinated approach to security controls on the movement of goods. Areas where coordination could be established would include:

- the definition of key information for the identification of high-risk consignments and agreement on how to collect and exchange it between competent authorities so as to ensure the effective application of risk management techniques;

- the establishment of common definitions for controls and agreement on how these definitions could be used to identify high-risk movement of goods

- the coordination of positions to be taken on these issues in multilateral discussions;

- the development of a common approach for the carrying out of practical actions in this domain in conformity with international commitments.

The objective is to strengthen security while facilitating legitimate trade in conformity with international commitments and the principle of reciprocity. Another objective is to equalize levels and standards of control for EU and US operators.

The expansion of the 1997 agreement to be negotiated with the US, when agreed, would supersede bilateral declarations of principle and bilateral agreements concluded between individual EU member states and the US insofar as those arrangements address matters which are the exclusive competence of the EU.

Container Security Initiative

The Container Security Initiative (CSI) was launched by US Customs after the attacks of September 11, 2001. The major concern of the US is the possibility of containers being used for terrorist attacks, be it through weapons of mass destruction directed to ports of the United States or to the maritime transport chain itself. As a first step, the US has invited about twenty mega-ports worldwide to join this initiative.

The European Commission fully shares and sympathizes with the US objective of improving maritime transport security and protecting trade against any threat of terrorist attack. However, it is concerned about the potential consequences of the US approach of selecting, at least initially, only a few large European ports to join the CSI. So far the US Bureau of Customs and Border Protection has signed declarations of principle with eight member states (the Netherlands, Belgium, France, Germany, Italy, Spain, the United Kingdom, Sweden) that allow the stationing of US customs officials in a number of ports with major container traffic to the United States. The Commission is of the view that this bilateral approach is likely to cause diversion of trade and create competitive distortions between EU ports. Furthermore, it feels that security concerns would be addressed in a more effective manner by a pan-European measure as it would ensure coherent and convergent actions of EU administrations which are jointly in charge of managing the external trade of the EC throughout its single customs territory.

For further information see the Europa website at:

http://europa.eu.int/comm/taxation_customs/customs/
information_notes/containers_en.htm

Press Contacts:

Willy Hélin
202-862-9530


Wilfried Schneider
202-862-9523

 

Maeve O'Beirne
202-862-9549



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