WRITTEN QUESTION P-2237/00 by Jean-Claude Fruteau (PSE) to the Commission. Banana import fraud.
Date: 2000-06-29
Institutions: European Parliament, Provisional data
Subjects: common tariff policy, fraud, import licence, tropical fruit

3.4.2001

EN

Official Journal of the European Communities

C 103 E/93

(2001/C 103 E/101)

WRITTEN QUESTION E-2232/00

by Elisa Damiªo (PSE) to the Council

(11 July 2000)

Subject: Agreement between South Africa and the European Union

According to Portuguese exporters, despite the agreement concluded between South Africa and the
European Union, there are still cases of dumping, in violation of Article 2 of the agreement and to the
detriment of Portuguese industry.

What action has the Council taken to prevent the occurrence of situations of unfair competition and what
has it done to ensure that no harm is caused to Portuguese industries?

Reply

(7 November 2000)

The Agreement on Trade, Development and Cooperation signed on 11 October 1999 between the
European Community and South Africa confirms the commitment of both parties to encourage the
process of economic restructuring currently underway in South Africa and to promote the expansion and
reciprocal liberalisation of mutual trade in goods, services and capital. In encouraging such mutual trade
flows however, both parties have underlined their commitment to the principles and rules which govern
international trade, including the application of anti-dumping and countervailing measures. Article 23 of
the Agreement confirms that it does not in any way prejudice the GATT rules on measures to be
undertaken in the case of dumping, and Article 24 outlines the circumstances in which WTO-compatible
safeguard measures may be taken, either by the European Community or South Africa, where any product
is being imported in such increased quantities and under such conditions as to cause or threaten to cause
serious injury to domestic producers. Article 26 provides that before such safeguard measures are taken
the Cooperation Council established by the Agreement should be supplied with all relevant information,
with a view to seeking a solution acceptable to both parties, although in exceptional circumstances
requiring immediate action precautionary measures may be applied without consultation. It should be
noted that the Agreement does not cover trade practices by European Community and South African
producers or exporters in third countries.

The Agreement does provide, however, for specific procedures to be undertaken in the event of Member
State industries suffering harm as a result of unfair competition from South African producers within the
European Community market. The companies concerned should ask their Trade Ministry either to
approach the Commission directly or to raise the issue within the relevant Council committee. At the
last Cooperation Council between the Community and South Africa on 31 March 2000 no case of
dumping was raised by any of the Member States.

(2001/C 103 E/102)

WRITTEN QUESTION P-2237/00

by Jean-Claude Fruteau (PSE) to the Commission

(29 June 2000)

Subject: Banana import fraud

Forged import licences for bananas have been in circulation in the European Union for almost a year.
164 000 tonnes of bananas produced in third countries have entered European territory illegally in this
way. The operators involved pay a duty of € 75 instead of the € 750 per tonne that they would have had
to pay as importers of non-quota bananas.

C 103 E/94

Official Journal of the European Communities

EN

3.4.2001

The fall
extremely remote areas, may therefore be due to the unscrupulous attitude of some operators.

in prices registered in recent months, which is extremely damaging to many producers in

What measures does the Commission intend to take, and how soon, to repair the damage suffered by these
producers?

Supplementary answer
given by Mr Fischler on behalf of the Commission

(20 September 2000)

As soon as it was informed of the cases of fraud, and in particular of their nature, and following action
taken by the European Anti-Fraud Office (OLAF) in collaboration with the Directorate-General Agriculture,
the Commission felt that it was essential that a number of measures be taken in the immediate future
aimed at strengthening the monitoring of import licence arrangements in the banana sector. A regulation
was adopted by the Commission to this effect on 25 July 2000 (1). It covers mainly checks, to be carried
out by the body issuing the import licences, on the authenticity of all licences/licence extracts used in the
Community, the distribution of the list of operators registered for the banana import arrangements with
the customs offices and the procedure to be followed by the customs services in the event of doubt as to
the authenticity of the licences/extracts presented for the release into free circulation of the bananas.

With regard to the banana producers from the most remote regions of the Community and the negative
impact these frauds would have had on them, the Commission reminds the Honourable Member that the
producers in question benefit from a compensatory aid scheme under which they receive for each
marketing year an aid corresponding to the difference between the flat-rate reference income and the
average level of prices obtained on the market.

The Commission would lastly point out that the 164 000 tonnes of bananas referred to by the Honourable
Member (in fact 163 000) are only a provisional evaluation of just one of the two cases of fraud
uncovered. Moreover, the duty to be paid on imports of non-quota bananas is currently € 680 per tonne.

(1) Regulation (EC) No 1632/2000 (OJ L 187, 26.7.2000).

(2001/C 103 E/103)

WRITTEN QUESTION E-2241/00

by Michl Ebner (PPE-DE) to the Commission

(5 July 2000)

Subject: Increasing the maximum speed of wheeled agricultural and forestry tractors

The framework regulation, 74/150/EEC (1),
introduced EEC type-approval for agricultural and forestry
tractors. Directive 97/54/EC (2) increased the maximum speed of the latter from 30 to 40 km/h. Directive
2000/1/EC (3) made provision for other types of mechanical
links and couplings than those that had
received Community type-approval, thus removing the final obstacle to increasing the speed of agricultural
and forestry tractors.

The Economic and Social Committee, in its Opinion 97/C56/14, and the Council, in its Common Position
(EC) No 17/97, came out in favour of a maximum speed of over 40 km/h for agricultural and forestry
tractors.

In view of the foregoing, does the Commission intend to increase the maximum speed of wheeled
agricultural and forestry tractors?

(1) OJ L 84, 28.3.1974, p. 10.
(2) OJ L 277, 10.10.1997, p. 24.
(3) OJ L 21, 26.1.2000, p. 16.