1993R0404 — EN — 01.01.1995 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No404/93
of13February1993
onthecommonorganizationofthemarketinbananas
(OJ L 47, 25.2.1993, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 3518/93 of 21 December 1993 L 320 15 22.12.1993
►M2Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
▼B
COUNCILREGULATION(EEC)No404/93
of13February1993
onthecommonorganizationofthemarketinbananas
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof,
Having regard to the Protocol on the tariff quota for imports of bananas
annexed to the Implementing Convention on the Association of theOverseas Countries and Territories of the Community provided for inArticle 136 of the Treaty, and in particular paragraph 4 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas the operation and development of the common market for
agricultural products must be accompanied by the introduction of acommon agricultural policy including in particular a common organiza-tion of the agricultural markets which may take different formsdepending on the products;
Whereas there currently exist within the Member States of the Commu-
nity producing bananas national market organizations which seek toensure that producers can dispose of their products on the nationalmarket and receive an income in line withth e costs of production;whereas these national market organizations impose quantitative
restrictions which hamper achievement of a single market for bananas;
whereas some of the Member States which do not produce bananasprovide preferential outlets for bananas from the ACP States whileothers have liberal importation rules, which even in one case includea privileged tariff situation; whereas these different arrangements
prevent the free movement of bananas within the Community and
implementation of common arrangements for trade withth ird countries;whereas, for the purposes of achievement of the single market, abalanced and flexible common organization of the market for thebanana sector must replace the various national arrangements;
Whereas, so that the Community can respect Community Preference
and its various international obligations, that common organization ofthe market should permit bananas produced in the Community andthose from the ACP States which are traditional suppliers to bedisposed of on the Community market providing an adequate incomefor producers and at fair prices for consumers without undermining
imports of bananas from other third countries suppliers;
Whereas, to permit the market to be supplied with products of uniform
and satisfactory quality withdue regard to local peculiarities and th evarieties produced and to ensure the disposal of Community products
at profitable prices guaranteeing an adequate income, quality standards
for freshbananas and, if necessary, marketing rules for processedproducts on bananas should be introduced;
Whereas, in order to maximize income from bananas produced within
the Community, the formation of producers' organizations should be
encouraged, principally through the granting of start-up aid; whereas,
in order for suchorganizations to be given an effective role in concen-trating supply, their members should undertake to market the whole oftheir production through the organization; whereas the formation ofother types of associations, comparising producers' organizations andrepresentatives of the other stages of production, should also be1993R0404 — EN — 01.01.1995 — 002.001 — 2
(1) OJ No C 232, 10. 9. 1992, p. 3.
(2) OJ No C 21, 25. 1. 1993.
(3) OJ No C 19, 25. 1. 1993, p. 99.
▼B
permitted; whereas the conditions under which such associations repre-
senting the various aspects of the banana sector may undertakemeasures of general interest and have their rules extended to non-
members of either locally or regionally should be defined at a later
date; whereas such organizations could also be consulted when frame-work programmes are drawn up and play an active role inimplementing structural measures introduced as part of the marketorganization;
Whereas the structural shortcomings which restrict the ability of
Community production to compete should be mitigated, chiefly to raiseproductivity; whereas programmes to achieve this in each region ofproduction should be laid down under the Community support frame-
works through cooperation between the Commission and the national
and regional authorities and with the various types of organization inthe sector referred to above being associated as closely as possiblewithpreparation of th e measures to be introduced;
Whereas national market organizations have hitherto enabled national
banana producers to obtain from the market an adequate income tocover their production costs; whereas, since introduction of the marketorganization should not place producers in a worse situation than atpresent, and since it is likely to alter the levels of prices on those
markets, provision should be made for compensation to cover the loss
of income which may derive from implementation of the new systemso as to permit the continuation of Community production at the costsentailed by the specific structural situation for as long as this remainsunadjusted by the structural measures implemented; whereas provision
should be made for aid to be adjusted to take account of increased
productivity and trends in the various quality categories;
Whereas in certain very small regions of the Community where condi-
tions are particularly unsuited to the production of bananas but better
suited to alternative crops the definitive cessation of banana production
should be encouraged through a premium for the cessation of bananaproduction; whereas, in order to limit the cost of this operation, grub-bing up should be carried out as soon as possible;
Whereas a forecast supply balance drawn up each year should assess
the prospects for production and consumption in the Community;whereas it should be possible to revise that balance during the year inthe light of circumstances, including specific climatic events;
Whereas in order to ensure satisfactory marketing of bananas produced
within the Community and of products originating in the ACP Stateswithin the framework of the Lomé Convention Agreements, whilemaintaining traditional trade patterns as far as possible, provision
should be made for the annual openin of a tariff quota; whereas, on
the one hand, imports of bananas from third countries would be subjectto a tariff of ECU 100 per tonne, which corresponds to the current rateunder the Common Customs Tariff, and, on the other hand, imports ofnon-traditional bananas from the ACP would be subject to zero duty inaccordance with the abovementioned agreements; whereas provision
should be made in order to ensure the adaptation of the amount of the
tariff quota based on changes in Community demand recorded in theforecast supply balance;
Whereas imports not falling within the tariff quota must be subject to
sufficiently high rates of duty to ensure that Community productionand traditional ACP quantities are disposed of in acceptable conditions;
Whereas traditional imports of bananas from the ACP fall outside the
duty-free tariff quota as part of traditional quantities which takes
account of specific investments already made under programmes forincreasing production;
Whereas in order to comply with the aims stated above, while taking
into account the special features of marketing bananas, a distinctionmust be made when administering the tariff quota between, on theone hand, operators who have previously marketed third countrybananas and non-traditional ACP bananas and, on the other, operatorswho have previously marketed bananas produced in the Community1993R0404 — EN — 01.01.1995 — 002.001 — 3
▼B
while leaving a quantity available for new operators who have recently
embarked on commercial activity or are about to embark on commer-cial activity in this sector;
Whereas, in order not to disrupt existing commercial links, while at the
same time allowing some development of marketing structures, theissue to eachoperator of separate import licences for eachof th e cate-
gories defined above must be on the basis of the average quantity of
bananas marketed by the operator over the three preceding years forwhich statistical data are available;
Whereas in adopting additional criteria which operators should respect,
the Commission is guided by the principle whereby the licences must
be granted to natural or legal persons who have undertaken thecommercial risk of marketing bananas and by the necessity of avoidingdisturbing normal trading relations between persons occupyingdifferent points in the marketing chain;
Whereas, taking into account marketing structures, Member States
must, on the basis of procedures and criteria adopted by the Commis-sion, conduct a census of operators and establishquantities marketed tobe used as a reference for the issue of certificates;
Whereas monitoring imports within the framework of the tariff quota
requires an import licence scheme backed by a security;
Whereas the Commission should be able to take appropriate measures
to deal with serious disturbances, or the threat of such disturbances,likely to jeopardize achievement of the objectives of Article 39 of theTreaty;
Whereas operation of the market organization would be undermined by
the granting of certain assistance; whereas therefore the Treaty provi-sions permitting consideration of national aids granted by the MemberStates and the prohibition of those incompatible with the commonmarket should be applied to the banana sector;
Whereas, to facilitate implementation of these provisions, a procedure
involving close cooperation between the Member States and theCommission within a Management Committee should be included;
Whereas the common organization of the markets in the banana sector
must also take appropriate account of the objectives set out in Articles39 and 110 of the Treaty;
Whereas the replacement of the various national arrangements in
operation when this Regulation comes into force by this common orga-nization of the market threatens to disturb the internal market; whereasthe Commission, as of 1 July 1993, should be able to take any transi-tional measures required to overcome the difficulties of implementing
the new arrangements;
Whereas the scope of Council Regulation (EEC) No 1319/85 of 23
May 1985 on the reinforcement of supervision of the application of
Community rules on fruit and vegetables(
1) should be extended to the
banana sector to permit checks that the standards laid down for bananasunder that Regulation are being complied with;
Having regard to the social, economic, cultural and environmental
importance of banana-growing in the Community regions of the French
Overseas Departments, Madeira, the Azores, the Algarve, Crete,Lakonia and the Canary Islands, which are regions characterized byinsularity, remoteness and structural backwardness, aggravated insome cases by economic dependence on bananagrowing,
Whereas the operation of this Regulation should be examined after an
interim period of application and before the end of the tenth year afterits entry into force so that the new arrangements to apply after that datecan be considered,1993R0404 — EN — 01.01.1995 — 002.001 — 4
(1) OJ No L 137, 27. 5. 1985, p. 39.
▼B
HAS ADOPTED THIS REGULATION:
Article 1
1. A common organization of the market in bananas is hereby estab-
lished.
2. The organization shall cover the following products:
CN code Description
ex 0803 Bananas, excluding plantains, freshor dried
ex 08119099 Frozen bananasex 08129090 Bananas provisionally preserved
11063010 Powder and flakes of bananas
ex 20060090 Bananas preserved in sugar
ex 200710 Homogenized preparations of bananas
ex 20079939/C148/C147/C147/C147/C149/C147/C147/C147/C150Jams, jellies, marmalades, purées and pastes of bananasex 20079990
ex 20089948/C148/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C150Bananas otherwise prepared or preserved ex 20089969
ex 20089999
ex 20089250/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Mixtures of bananas otherwise prepared or preservedex 20089279
ex 20089291
ex 20089299
ex 200980 Banana juice
3. The marketing year shall run from 1 January to 31 December.
TITLE I
Commonqualityandmarketingstandards
Article 2
1. Quality standards shall be laid down for bananas intended to be
supplied fresh to the consumer, excluding plantains, which shall take
account of the different varieties produced.
2. Marketing standards may also be laid down for processed
products made from bananas.
Article 3
1. Unless the Commission decides otherwise in accordance with the
procedure laid down in Article 27 products for which common stan-
dards have been laid down may be marketed within the Communityonly if they comply with those standards.
2. For the purpose of establishing whether products comply with
quality standards, checks may be carried out by the bodies designatedby the Member States.
Article 4
Quality and marketing standards, the marketing stages at which
products must comply withsuchstandards and measures to ensure th euniform implementation of the provisions of Articles 2 and 3, includingthose concerning checks, shall be laid down in accordance with theprocedure provided for in Article 27.1993R0404 — EN — 01.01.1995 — 002.001 — 5
▼M1
▼B
▼B
TITLE II
Producers'organizationsandconcentrationmechanisms
Article 5
1. For the purposes of this Regulation, ‘producers’ organization'
means any organization of producers established in the Communitywhich:
(a) is set up by the producers themselves in order to:
— concentrate supply and regulate prices at the production stage
for one or more of the products refered to in Article 1,
— make available to member producers appropriate technical facil-
ities for the packing and marketing of the products in question;
(b) is able to demonstrate a minimum volume of marketable produc-
tion and a minimum number of producers;
(c) has rules containing provisions:
— requiring producers to market through the organization the
whole of their production of the product or products for whichthey joined that organization,
— giving the producers control of the organization and its deci-
sion-making procedures,
— penalizing any violation by member producers of the rules laid
down by the organization,
— imposing levies on its members,
— concerning the admission of new members;
(d) lays down rules concerning production intelligence, production, and
in particular rules designed to improve quality and marketing rules;
(e) keeps separate accounts for its activities relating to bananas;
(f) is recognized by the Member State concerned in accordance with
paragraph2.
2. On application, the Member States shall recognize the organiza-
tions concerned provided they offer adequate guarantees of the length
and effectiveness of their work, with particular reference to the taskslisted in paragraph 1, and provided they satisfy the conditions laiddown therein.
Article 6
1. For the five years following the date of recognition, the Member
States shall grant recognized producers' organizations assistance toencourage their establishment and assist their administrative operation.
2. Article 14 (1), (3) and (5) and Article 36 (2) of Council Regula-
tion (EEC) No 1035/72 of 18 May 1972 on the common organizationof the market in fruit and vegetables(
1) shall apply.
Article 7
1. Associations of producers or of producers' organizations set up to
carry out one or more measures of common interest may participate inthe preparation of the measures provided for in the operationalprogrammes referred to in Article 10. The members of such associa-
tions may include processors and traders.
2. The measures of common interest referred to in paragraph 1 may
include applied research, training of producers, a strategy on qualityand the development of environmentally sound production methods.1993R0404 — EN — 01.01.1995 — 002.001 — 6
(1) OJ No L 118, 20. 5. 1972, p. 1. Regulation as last amended by Regulation
(EEC) No 1754/92 (OJ No L 180, 1. 7. 1992, p. 23).
▼B
Article 8
1. In accordance withth e procedure provided for in Article 43 (2) of
the Treaty, the Council shall lay down conditions for the recognition
and operation of groups encompassing one or more of the economicactivities relating to the production, marketing or processing of bananasin order in particular:
— to improve market intelligence and knowledge of the likely devel-
opment of markets and marketing conditions;
and
— to reduce the dispersion of supply, guide production and promote
improvements in the quality of bananas in order better to meetmarket needs and demand from consumers.
2. The provisions to be adopted shall include, under conditions to be
determined, the possibility of extending to non-members the rules
adopted by these groups provided such rules are of general interest tothe sector as a whole and their extension complies with the Treaty'scompetition rules.
Article 9
Implementing rules for this Title shall be adopted in accordance with
the procedure laid down in Article 27.
TITLE III
Assistance
Article 10
1. Acting in the framework of cooperation between the Commission
and the national and regional authorities, the competent authorities ofthe Member States may draw up operational programmes under theCommunity support frameworks for the regions eligible defining themeasures to be undertaken in the banana sector to achieve at least twoof the following objectives:
— a quality and commercial strategy for the products of the area in the
light of likely developments in costs and markets;
— improved utilization of resources while respecting the environment;— greater competitiveness.
2. Acting through the cooperation referred to in paragraph 1, the
competent authorities shall, as far as possible, associate in the prepara-tion of the measures referred to in paragraph 1 groups, associations andorganizations in the banana sector, as referred to in Articles 5, 7 and 8respectively, and technical and economic research centres.
3. As regards the measures in the operational programmes, organiza-
tion, decision-making and implementation shall be carried out in
compliance with the regulations in force for the management of thestructural Funds.
Article 11
In the framework of cooperation between the Commission and the
national and regional authorities, the producers' organizations, associa-
tions and groups referred to in Articles 5, 7 and 8 may be asked to
submit to the competent authorities their views on the implementationof the measures to be proposed.
Article 12
1. Compensation for any loss of income shall be granted to Commu-
nity producers who are members of a recognized producers'
organization which is marketing in the Community bananas complyingwithth e common standards laid down. However, compensation may bepaid to an individual producer who, because of his specific situation,and in particular his geographical location, is unable to join a produ-cers' organization.1993R0404 — EN — 01.01.1995 — 002.001 — 7
▼B
2. The maximum quantity of bananas produced in the Community
and marketed for which compensation may be paid shall be fixed at854000 tonnes (net weight) to be broken down as follows for each
producer region in the Community:
1. 420 000 tonnes for the Canary Islands,
2. 150 000 tonnes for Guadeloupe,3. 219 000 tonnes for Martinique,4. 50 000 tonnes for Madeira, the Azores and the Algarve,5. 15 000 tonnes for Crete and Lakonia.
Subject to the maximum quantity for the Community, the quantity for
eachregion may be adjusted.
3. Compensation shall be calculated on the basis of the difference
between:
— the ‘flat-rate reference income’ for bananas produced and marketed
within the Community, and
— the ‘average production income’ obtained on the Community
market during the year in question for bananas produced andmarketed within the Community.
4. The ‘flat-rate reference income’ shall be:
— the average price of bananas produced in the Community and
marketed during a reference period prior to 1 January 1993 to bedetermined in accordance withth e procedure laid down in Article27;
— less the average cost of transport and delivery fob.
It shall be reviewed by the Commission when the aid is fixed after
three years to take account in particular of increased productivity andtrends in the various quality categories.
5. The ‘average production income’ for Community bananas shall
be calculated eachyear from:
— the average price of bananas produced in the Community and
marketed during the year in question,
— less the average cost of transport and delivery fob.
6. Before 1 March of each year, the Commission shall determine
compensatory aid for the previous year in accordance with the proce-
dure laid down in Article 27.
Supplementary aid shall be granted to one or more producer regions
when average income from production is significantly lower than the
average Community income.
7. Advances may be paid, against a security, on the basis of
compensatory aid granted in the previous year.
8. The Commission shall carry out in 1993 an interim examination
of average production income for that year. On the basis of this exam-
ination, advances may be paid by the Commission in accordance with
the procedure laid down in Article 27.
Article 13
1. A single premium shall be granted to banana producers in the
Community who cease to produce bananas.
2. Granting of the premium shall be subject to the written agreement
of the recipient:
(a) to undertake or have undertaken in a single operation to take place
during a period to be determined in 1993 or 1994;
— the grubbing-up of all banana trees on the holding where the
area planted to bananas is less than five hectares;
— the grubbing-up of half the banana trees on the holding where
the area planted to bananas is five hectares or more;1993R0404 — EN — 01.01.1995 — 002.001 — 8
▼B
(b) not to plant banana trees on the holding concerned for a period of
twenty years from the year in which grubbing-up took place.
Areas planted to bananas after this Regulation has come into force
and holdings of less than 0,2 hectares shall not be eligible for the
premium.
3. The premium shall be ECU 1 000 per hectare. In accordance with
the procedure laid down in Article 27, this amount may be adjusted to
take account of the specific conditions in certain areas.
4. In accordance with the procedure laid down in Article 27, the
Commission may authorize a Member State to exclude from eligibility
for the premium for cessation of banana production producers situatedin areas where disappearance of this crop would have negative conse-quences, in particular on the maintenance of microclimatic soil, orenvironmental conditions or the landscape.
5. This premium shall be compatible with the granting of aid under
Title III of Regulation (EEC) No 3763/91(
1), Title II of Regulation
(EEC) No 1600/92(2) and Title III of Regulation (EEC) No 1601/
92(3) and withth e granting of structural assistance under Regulations
(EEC) No 2052/88(4) and (EEC) No 4253/88(5).
Article 14
Detailed rules for the application of this Title shall be adopted in accor-
dance withth e procedure laid down in Article 27.
However, detailed rules for the application of Articles 6 and 10 shall be
adopted in accordance withth e procedure laid down in Article 29 ofRegulation (EEC) No 4253/88.
TITLE IV
Tradewiththirdcountries
Article 15
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1
(2).
2. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products
listed in Article 1, imports of one or more of suchproducts at th e rateof duty laid down in Article 10 shall be subject to payment of an addi-tional import duty if the conditions set out in Article 5 of theAgreement on Agriculture concluded in accordance withArticle 228
of the Treaty in the framework of the Uruguay Round of multilateral
trade negotiations have been fulfilled unless the imports are unlikelyto disturb the Community market, or where the effects would bedisproportionate to the intended objective.
3. The trigger prices below which an additional import duty may be
imposed shall be those notified by the Community to the World TradeOrganization.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined in particular on the basis ofCommunity imports over the three years preceding the year in whichthe adverse effects referred to in paragraph 2 have occurred or arelikely to occur.1993R0404 — EN — 01.01.1995 — 002.001 — 9
(1) OJ No L 356, 24. 12. 1991, p. 1.
(2) OJ No L 173, 27. 6. 1992, p. 1.
(3) OJ No L 173, 27. 6. 1992, p. 13.
(4) OJ No L 185, 15. 7. 1988, p. 9.
(5) OJ No L 374, 31. 12. 1988, p. 1.▼M2
▼M2
4. The import prices to be taken into account for the imposition of
an additional import duty shall be determined on the basis of the cifimport prices of the shipment concerned.
The cif import prices shall be verified for this purpose on the basis of
representative prices for the product in question on the world market oron the Community import market for the product
5. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 27.
Suchdetailed rules sh all specify in particular:
(a) the products to which additional import duties shall be applied, in
accordance withArticle 5 of th e Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in accor-
dance withArticle 5 of th e said Agreement.
Article 15a
Articles 15a to 20 inclusive of this Title shall apply only to fresh
products falling within CN code ex 0803, excluding plantains.
For the purposes of this Title:
(a) ‘traditional imports from ACP States’ means the quantities of
bananas set out in the Annex exported by each ACP State whichhas traditionally exported bananas to the Community; such bananasshall be referred to as ‘traditional ACP bananas’;
(b) ‘non-traditional imports from ACP States’ means the quantities of
bananas exported by the ACP States which exceed the quantitydefined in 1; suchbananas sh all be referred to as ‘non-traditional
bananas’;
(c) ‘imports from non-ACP third countries’ means quantities exported
by other third countries; such bananas shall be referred to as ‘third-
country-bananas’;
(d) ‘Community bananas’ means bananas produced in the Community;
(e) ‘to market’ and ‘marketing’ mean placing on the market, not
including making the product available to the final consumer.
Article 16
1. Eachyear, a forecast supply balance sh all be prepared on produc-
tion and consumption in the Community and of imports and exports.
2. The forecast supply balance shall be prepared on the basis of:
— available figures concerning quantities of bananas marketed in the
Community during the previous year, broken down according totheir origin,
— forecasts of the production and marketing of Community bananas,— forecasts of imports of traditional ACP bananas,— forecasts of consumption based in particular on recent trends in
consumption and the evolution in market prices.
3. Where necessary, in particular to take account of the effects of
exceptional circumstances affecting production or import conditions,the balance may be adjusted during the marketing year. In such acase, the tariff quota provided for in Article 18 shall be adapted inaccordance withth e procedure laid down in Article 27.
Article 17
Any importation of bananas into the Community shall be subject to the
submission of an import licence issued by the Member States at therequest of any party concerned, irrespective of his place of establish-ment within the Community, without prejudice to the specialprovisions made for the implementation of Articles 18 and 19.1993R0404 — EN — 01.01.1995 — 002.001 — 10
▼B
▼M2
Import licences shall be valid throughout the Community. Save where
derogations are adopted under the procedure laid down in Article 27,such licences shall be issued subject to the lodging of a security guar-
anteeing that the products are imported in compliance with this
Regulation, during the term of validity of the licence; save in cases offorce majeure , the security shall be forfeited in whole or in part if
import is not carried out, or is only carried out partially, within thatperiod.
Article 18
1. A tariff quota of 2,2 million tonnes (net weight) shall be opened
eachyear for imports of th ird-country bananas and non-traditional ACP
bananas.
Within the framework of the tariff quota, imports of third-country
bananas shall be subject to a levy of ECU 75 per tonne and imports
of non-traditional ACP bananas shall be subject to a zero duty.
For 1994, the tariff quota shall be 2,1 million tonnes (net weight).
Where Community demand determined on the basis of the supply
balance referred to in Article 16 increases, the volume of the quotashall be increased in consequence, in accordance with the procedure
laid down in Article 27. Any suchadjustment sh all be made before 30
November preceding the marketing year concerned.
2. By derogation from Article 15 (1), non-traditional ACP bananas
imported outside the tariff quota referred to in paragraph 1 of this
Article shall be subject to a customs duty per tonne equal to the dutyreferred to in Article 15 (1), less ECU 100.
3. The quantities of third-country bananas and non-traditional ACP
bananas re-exported from the Community shall not be charged to thequota referred to in paragraph1.
4. The amounts referred to in this Article shall be converted into
national currency at the rate applicable to the products concerned in
connection withth e Common Customs Tariff.
Article 19
1. The tariff quota shall be opened form 1 July 1993 for:
(a) 66,5 % to the category of operators who marketed third country
and/or non-traditional ACP bananas;
(b) 30 % to the category of operators who marketed Community and/or
traditional ACP bananas;
(c) 3,5 % to the category of operators established in the Community
who started marketing bananas other than Community and/or tradi-tional ACP bananas from 1992.
The import opportunities pursuant to (a) and (b) shall be available to
operators established in the Community who marketed on their ownaccount a minimum quantity of bananas of the above origins, to bedetermined.
Supplementary criteria to be met by operators shall be laid down in
accordance with the procedure provided for in Article 27. The MemberStates shall draw up the list of importers and the average quantity peroperator referred to in paragraph2.
2. On the basis of separate calculations for each of the categories of
operators referred to in patragraph1 (a) and (b), eachoperator sh allobtain import licences on the basis of the average quantities of bananas
that he has sold in the three most recent years for which figures are
available. For the category of operators referred to in paragraph 1 (a),the quantities to be taken into consideration shall be the sales of thirdcountry and/or non-traditional ACP bananas. In the case of operatorsreferred to in paragraph1 (b), sales of traditional ACP and/or Commu-nity bananas shall be taken into consideration. Third country and/or1993R0404 — EN — 01.01.1995 — 002.001 — 11
▼B
▼B
non traditional ACP bananas imported on the basis of licences issued
under paragraph 1 (b) shall not be taken into account to determine therights to be established pursuant to paragraph 1 (a), so that the initial
allocation of licences between the two categories of operators remains
identical.
For the second half of 1993, each operator shall be issued licences on
the basis of half of the annual average quantity marketed between 1989
and 1991.
3. If the volume of application form new operators exceeds the
quantities fixed pursuant to paragraph1 (c), eachapplication sh all bereduced by an equal percentage.
Any quantities available shall be reallocated to the operators referred to
paragraph1 (a) and (b) under conditions laid down by th e proceduresreferred to in Article 27.
4. If the tariff quota is increased, the additional available quantity
shall be allocated to importers in the categories referred to in paragraph
1 in accordance with the preceding paragraphs.
Article 20
In accordance with the procedure laid down in Article 27, the Commis-
sion shall adopt and adjust the forecast supply balance referred to in
Article 16.
In accordance with the same procedure, the Commission shall adopt
detailed rules for implementing this Title. Those rules may cover in
particular:
— additional measures concerning the issue of licences, their term of
validity, the conditions governing transferability and the requisite
security mechanism; those rules may also include determination of
a reconsideration period,
— frequency of issue of licences,— the minimum quantity of bananas marketed as referred to in the
second subparagraphof Article 19 (1),
— measures guaranteeing the provenance and origin of bananas
imported within the tariff quota provided for in Article 18 (1),
— measures necessary to fulfil obligations arising from agreements
concluded by the Community in accordance with Article 288 of
the Treaty.
TITLE V
General provisions
Article 21
1. Except where otherwise provided for in this Regulation,
— the levying of any charge having an effect equivalent to a customs
duty,
— the application of any quantitative restrictions or measure having
equivalent effect,
shall be forbidden on the import of products referred to in Article 1.2. The tariff quota laid down in the Protocol on the tariff quota for
imports of bananas annexed to the Implementing Convention on the
Assocation for the Overseas Countries and Territories provided for inArticle 136 of the Treaty shall be discontinued.
Article 22
The general rules for the interpretation of the 4combined nomenclature
and the special rules for its application shall apply to the classificationof products covered by this Regulation; the tariff nomenclature1993R0404 — EN — 01.01.1995 — 002.001 — 12
▼M2
▼B
▼M2
▼M2
resulting from the application of this Regulation shall be incorporated
in the Common Customs Tariff.
Article 23
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threa-tened with, serious disturbance likely to jeopardize the achievement ofthe objectives set out in Article 39 of the Treaty, appropriate measures
may be taken in trade withth ird countries until suchdisturbance or
threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty,shall adopt general rules for the application of this paragraph and shalldetermine the cases in and limits within which Member States maytake interim protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified of
such measures, which shall be immediately applicable. If the Commis-
sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to
the Council by any Member State within three working days of theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, amend or annul themeasure in question.
4. Detailed rules for the application of this Article shall be adopted
in accordance withth e procedure laid down in Article 27.
5. This Article shall be applied having regard to the obligations
arising from international agreements concluded in accordance with
Article 228 (2) of the Treaty.
Article 24
Save as otherwise provided for in this Regulation, Articles 92 to 94 of
the Treaty shall apply to the production of and trade in the productsreferred to in Article 1.
Article 25
1. The measures laid down in Articles 12 and 13 shall constitute
intervention intended to stabilize the agricultural markets wihtin themeaning of Article 3 (1) of Council Regulation (EEC) No 729/70 of
21 April 1970 on the financing of the common agricultural policy(
1).
2. The measures laid down in Articles 6 and 10 shall be part-
financed by the Guidance Section of the EAGGF.
3. Detailed rules for the application of this Article, and in particular
a definition of the conditions to be met before financial aid from the
Community can be paid, shall be adopted in accordance with the proce-dure laid down in Article 27.
Article 26
1. A Management Committee for Bananas (hereinafter called the
‘Committee’) shall be established, consisting of representatives of the
Member States and chaired by a representative of the Commission.
2. Within the Committee the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. TheChairman shall not vote.1993R0404 — EN — 01.01.1995 — 002.001 — 13
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation
(EEC) No 2048/88 (OJ No L 185, 15. 7. 1988, p. 1).▼B
▼B
Article 27
1. Where reference is made to the procedure laid down in this
Article, the Chairman shall refer the matter to the Committee eitheron his own initiative or at the request of the representative of aMember State.
2. The representative of the Commission shall submit a draft of the
measures to be taken. The Committee shall deliver its opinion on suchmeasures within a time limit to be set by the Chairman according tothe urgency of the questions under consideration. An opinion shall be
adopted by the majority laid down in Article 148 (2) of the Treaty.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the
opinion of the Committee, they shall forthwith be communicated by
the Commission to the Council. In that event, the Commission maydefer application of the measures which it has adopted for not morethan one month from the date of such communication.
The Council, acting by a qualified majority, may take a different deci-
sion within one month.
Article 28
The Committee may consider any other question referred to it by its
Chairman either on his own initiative or at the request of a representa-tive of a Member State.
Article 29
The Member States shall provide the Commission with the information
it requires to implement this Regulation, in particular concerning;
— measures taken to apply and check common quality standards,
— producers' organizations,
— the content and implementation of the regional framework
programmes for bananas,
— provisions for the management of any compensatory aid,— lists of operators,
— data on production and prices,
— quantities of Community, traditional ACP, non-traditional ACP and
third country bananas marketed in their territoriy,
— forecasts of production and consumption in the following year.
Article 30
If specific measures are required after July 1993 to assist the transition
from arrangements existing before the entry into force of this Regula-tion to those laid down by this Regulation, and in particular toovercome difficulties of a sensitive nature, the Commission, acting in
accordance with the procedure laid down in Article 27, shall take any
transitional measures it judges necessary.
Article 31
In Article 1 (1) or Regulation (EEC) No 1319/85:1. The second indent is replaced by the following:
‘— inspection of the conformity with quality standards, or certain
quality requirements
(a) of products listed in Annex II to Regulation (EEC) No
1035/72 which are withdrawn from the market in accor-
dance withArticles 15 and 15a or bough t in in accordancewithArticles 19 and 19a of th at Regulation and
(b) products in the banana sector covered by Council Regula-
tion (EEC) No 404/93 (*);
(1) OJ No L 47, 25. 2. 1993, p. 1.’1993R0404 — EN — 01.01.1995 — 002.001 — 14
▼B
2. The fourth indent shall be replaced by:
‘verification of the recording of the prices referred to in Articles 17
and 24 of Regulation (EEC) No 1035/72’.
Article 33
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
It shall apply as from 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1993R0404 — EN — 01.01.1995 — 002.001 — 15
▼B
ANNEX
TraditionalquantitiesofbananasfromtheACPStates
Tonnes/net weight
Cote d'Ivoire 155000
Cameroon 155000Suriname 38000
Somalia 60000
Jamaica 105000St Lucia 127000
St Vincent and the Grenadine 82000
Dominica 71000Belize 40000
Cape Verde 4 800
Grenada 14000Madagascar 5 900
8577001993R0404 — EN — 01.01.1995 — 002.001 — 16