WRITTEN QUESTION No. 1868/96 by Fernando FERNÁNDEZ MARTÍN to the Commission. Fraud against the Community rules governing the COM in bananas
Date: 1996-06-28
Institutions: European Parliament, FERNANDEZ MARTIN
Subjects: application of EU law, common commercial policy, common organisation of markets, customs regulations, fraud, free service, import, tariff quota, tropical fruit













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91996E1868

WRITTEN QUESTION No. 1868/96 by Fernando FERNÁNDEZ MARTÍN to the Commission. Fraud against the Community rules governing the COM in bananas  


Official Journal C 322 , 28/10/1996 P. 0105 





WRITTEN QUESTION P-1868/96 by Fernando Fernández Martín (PPE) to the Commission (28 June 1996)Subject: Fraud against the Community rules governing the COM in bananasIt is public knowledge that in certain northern European ports the official weight of import crates for bananas is 18.14 kg, although their real weight is between 19 and 20 kg. The author of this question possesses evidence that certain Community institutions have been aware of this fact for at least two years. These differences in weight affect the assessment of the quantities actually imported into the Community market and imply an excess of approximately 100 000 tonnes per annum. This obviously creates distortions in the operation of Regulation 101/93 ((OJ L 47, 25.2.1993, p. 1. )), as the extra quantities are not counted by the customs authorities.The Commission is known to have studied the matter, and is to deliver an opinion on what is visibly a form of distortion of the market in bananas.Has the Commission finished preparing its opinion, and when will it be available?What measures has the Commission taken, or what measures does it intend to take, to put a stop to what can only be called an instance of fraud against the Community rules?What control measures concerning the weight of banana crates does the Commission intend to introduce in practice to correct this state of affairs?Answer given by Mr Fischler on behalf of the Commission (23 July 1996)As the Honourable Member points out, the issue of banana import declarations has been raised with the Commission. It has conducted enquiries among the Member States.In certain Member States, when declaring bananas for free circulation, importers customarily fill in the standard box weight, which is 40 pounds, or 18.14 kg, when the real weight of the box is in many cases higher. However, the boxes are not systematically overweight, and we cannot therefore confirm the Honourable Member's contention that the excess imports amount to 100 000 tonnes a year.To verify such declarations, customs authorities are expected to weigh a sample for each declaration made. However, it is well known that - human resources being limited - as a rule only two or three per cent of declarations are subject to physical inspections. That is not enough to enable this particular problem to be resolved.We recognize that disparities in Community practice that cannot easily be monitored are a problem, particularly as regards the tariff quota set as part of the common organization of the banana market and the collection of Community revenue. The Commission is currently engaged in pinpointing measures to ensure that Community legislation is enforced correctly and uniformly.