Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-03-14-Speech-4-229"
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"en.20020314.12.4-229"2
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".
Mr President, ladies and gentlemen, I should like to start by clarifying exactly who is responsible here. It is true, as Mrs Martinez said, that I am responsible for clementines, but the primary issue here is the Mediterranean fruit fly, and that is my colleague David Byrne's area. And if a WTO problem arises as a result, that will be Pascal Lamy's responsibility. That is all, just to clarify matters. But one thing is right and that is, whichever way you look at it, the Commission is responsible.
For over 15 years, Spain has exported clementines to the USA under the terms of a bilateral protocol agreed with the USA on the risk of introducing the Mediterranean fruit fly. Problems have already cropped up here and there in the meantime, but have always been very quickly resolved. Now a few fruit fry larvae have been found under somewhat questionable circumstances and the USA's unreasonable reaction has been to issue a complete ban on imports of clementines.
Spain takes the view that the best and quickest solution would be to conduct bilateral talks with the USA and change the protocol, with the new protocol to be accepted by the USA in time for the next season's deliveries starting in October. That may sound optimistic, but we shall know by next month, by April at the latest, if this will work. As things stand, it would be the best solution.
On 14 February, Spain also officially asked the Commission to check if the import ban was compatible with the WTO agreement and, if necessary, to file an objection in Geneva. The Commission has started to check this and its first step will be to raise the matter at the SPS committee meeting in Geneva on 20 and 21 March. At the moment, the Commission has serious doubts as to whether the US measures, which appear to infringe several basic principles governing the introduction and application of trade measures, are compatible with WTO rules.
Nonetheless, the Commission takes the view that a negotiated solution which takes proper account of both sides' interests would be best. However, if insufficient account is taken of Spain's concerns, the Commission is prepared to take the necessary measures, including further steps at the WTO in Geneva, if our initial impression that WTO rules are being infringed is confirmed.
I should like to point out that citrus fruit producers have applied to the US courts for the ban to be lifted temporarily. At a legal or judicial level, that would appear to be the best way forward at the moment. As far as compensation is concerned, EU rules do not make provision for direct compensation in such cases. However, the Commission will do all it can to minimise the adverse impact of the US measures on the Community sector affected."@en1
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