In the other part of the cases, biodiesel shipments were alleged to have evaded customs control by being removed from a customs warehouse without paying import duties. This concerns 30 shipments of biodiesel, which were transported in Rotterdam to ships, trains and trucks, to various destinations within the European Union.
The biodiesel owner and customer are accused of cooperating in this recall. The parties involved claim that what they did was permissible, because biodiesel that did not have EU member status could be replaced by biodiesel for which duty had already been paid, or for which no duty had to be paid. This biodiesel already had EU status. Customs rules in place for shared storage in a bonded warehouse would make this possible.
The tank storage company had a bonded warehouse permit with a shared storage facility. This means that biodiesel with EU status can be stored together and mixed with biodiesel with non-EU status. The question is whether shared storage applies to each tank or to all tanks together. It called on all parties to apply the common storage system to all reservoirs combined.
