ANNEX II
“ANNEX 38bProcedure referred to in Article 290c(1)
For the purposes of Article 290c, the net weight of each consignment of fresh bananas shall be determined by authorised weighers at any place of unloading in accordance with the following procedure:
a sample of units of packed bananas shall be selected for each type of packaging and for each origin. The sample of units of packed bananas to be weighed shall constitute a representative sample of the consignment of fresh bananas. It shall contain at least the quantities indicated below:
| Number of units of packed bananas(by type of packaging and origin) | Number of units of packed bananas to be inspected |
|---|---|
| — up to 400 | 5 |
| — from 401 to 700 | 7 |
| — from 701 to 1 000 | 10 |
| — from 1 001 to 2 000 | 13 |
| — from 2 001 to 4 000 | 15 |
| — from 4 001 to 6 000 | 18 |
| — more than 6 000 | 21 |
the net weight shall be determined as follows:
by weighing each unit of packed bananas to be inspected (gross weight);
by opening at least one unit of packed bananas, then calculating the weight of the packaging;
the weight of that packaging shall be accepted for all packaging of the same type and origin, and shall be deducted from the weight of all the units of packed bananas weighed;
the average net weight per unit of packed bananas thus established for each type and origin, based on the weight of the samples checked, shall be accepted as the basis for determining the net weight of the consignment of fresh bananas;
where the customs authority does not check the banana weighing certificates contemporaneously, the net weight declared on such certificates shall be acceptable to customs authorities provided that the difference is not more or less than 1 % between the declared net weight and the average net weight established by customs authorities;
the banana weighing certificate shall be presented to the customs office at which the declaration for release for free circulation is submitted. The customs authorities shall apply the results of the sampling shown on the banana weighing certificate to the whole consignment of fresh bananas to which that certificate relates.”