1993R0404 — EN — 01.07.2001 — 005.001 — 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
►M3Council Regulation (EC) No 1637/98 of 20 July 1998 L 210 28 28.7.1998
►M4Council Regulation (EC) No 1257/1999 of 17 May 1999 L 160 80 26.6.1999
►M5Council Regulation (EC) No 216/2001 of 29 January 2001 L 31 2 2.2.2001
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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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 Articles42 and 43 thereof,
Having regard to the Protocol on the tariff quota for importsof 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),
Whereasthe operation and development of the common market for
agricultural productsmus t be accompanied by the introduction of acommon agricultural policy including in particular a common organiza-tion of the agricultural marketswhich may take different formsdepending on the products;
Whereasthere currently exis t within the Member Statesof the Commu-
nity producing bananasnational market organizationswhich s eek toensure that producers can dispose of their products on the nationalmarket and receive an income in line with the costs of production;whereas these national market organizations impose quantitative
restrictions which hamper achievement of a single market for bananas;
whereass ome of the Member Stateswhich do not produce bananasprovide preferential outletsfor bananasfrom the ACP Stateswhileothers have liberal importation rules, which even in one case includea privileged tariff situation; whereas these different arrangements
prevent the free movement of bananaswithin the Community and
implementation of common arrangementsfor trade with third 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 itsvariousinternational 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 producersand at fair pricesfor cons umerswithout undermining
imports of bananas from other third countries suppliers;
Whereas, to permit the market to be supplied with products of uniform
and satisfactory quality with due regard to local peculiarities and thevarieties produced and to ensure the disposal of Community products
at profitable pricesguaranteeing an adequate income, quality s tandards
for fresh bananas and, if necessary, marketing rules for processedproductson bananass hould 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 such organizations to be given an effective role in concen-trating supply, their members should undertake to market the whole oftheir production through the organization; whereasthe formation ofother types of associations, comparising producers' organizations andrepresentatives of the other stages of production, should also be1993R0404 — EN — 01.07.2001 — 005.001 — 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.
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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-
membersof either locally or regionally s hould be defined at a later
date; whereas such organizations could also be consulted when frame-work programmesare 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; whereasprogrammesto achieve thisin each region ofproduction should be laid down under the Community support frame-
works through cooperation between the Commission and the national
and regional authoritiesand with the varioustypesof organization inthe sector referred to above being associated as closely as possiblewith preparation of the measures to be introduced;
Whereasnational market organizationshave hitherto enabled national
banana producersto 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 trendsin the variousquality categories ;
Whereasin certain very s mall regionsof the Community where condi-
tionsare particularly uns uited to the production of bananasbut 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 productsoriginating 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, importsof bananasfrom third countrieswould be s ubjectto 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 bananasfrom the ACP would be s ubject 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;
Whereastraditional importsof bananasfrom the ACP fall outs ide the
duty-free tariff quota aspart of traditional quantitieswhich takes
account of specific investments already made under programmes forincreasing production;
Whereasin order to comply with the aimss tated above, while taking
into account the special features of marketing bananas, a distinctionmust be made when administering the tariff quota between, on theone hand, operatorswho have previous ly marketed third countrybananasand non-traditional ACP bananasand, on the other, operatorswho have previously marketed bananas produced in the Community1993R0404 — EN — 01.07.2001 — 005.001 — 3
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while leaving a quantity available for new operatorswho have recently
embarked on commercial activity or are about to embark on commer-cial activity in thiss ector;
Whereas, in order not to disrupt existing commercial links, while at the
same time allowing some development of marketing structures, theissue to each operator of separate import licences for each of the cate-
gories defined above must be on the basis of the average quantity of
bananasmarketed by the operator over the three preceding yearsforwhich 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 pointsin 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 establish quantities marketed tobe used as a reference for the issue of certificates;
Whereasmonitoring importswithin 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 objectivesof Article 39 of theTreaty;
Whereasoperation 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 MemberStatesand the prohibition of thos e 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;
Whereasthe common organization of the marketsin the banana s ector
must also take appropriate account of the objectives set out in Articles39 and 110 of the Treaty;
Whereasthe replacement of the variousnational arrangementsin
operation when thisRegulation comesinto force by thiscommon orga-nization of the market threatensto dis turb 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;
Whereasthe s cope of Council Regulation (EEC) No 1319/85 of 23
May 1985 on the reinforcement of supervision of the application of
Community ruleson 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 regionsof 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,
Whereasthe operation of thisRegulation s hould be examined after an
interim period of application and before the end of the tenth year afteritsentry into force s o that the new arrangementsto apply after that datecan be considered,1993R0404 — EN — 01.07.2001 — 005.001 — 4
(1) OJ No L 137, 27. 5. 1985, p. 39.
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HAS ADOPTED THIS REGULATION:
Article 1
1. A common organization of the market in bananasishereby es tab-
lished.
2. The organization shall cover the following products:
CN code Description
ex 0803 Bananas, excluding plantains, fresh or dried
ex 0811 90 99 Frozen bananasex 0812 90 90 Bananas provisionally preserved
1106 30 10 Powder and flakesof bananas
ex 2006 00 90 Bananas preserved in sugar
ex 2007 10 Homogenized preparationsof bananas
ex 2007 99 39/C148/C147/C147/C147/C149/C147/C147/C147/C150Jams, jellies, marmalades, purées and pastes of bananasex 2007 99 90
ex 2008 99 48/C148/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C150Bananas otherwise prepared or preserved ex 2008 99 69
ex 2008 99 99
ex 2008 92 50/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 2008 92 79
ex 2008 92 91
ex 2008 92 99
ex 2009 80 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 varietiesproduced.
2. Marketing standards may also be laid down for processed
productsmade from bananas .
Article 3
1. Unless the Commission decides otherwise in accordance with the
procedure laid down in Article 27 productsfor which common s tan-
dardshave 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 with such standards and measures to ensure theuniform 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 — 01.07.2001 — 005.001 — 5
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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 productsrefered to in Article 1,
— make available to member producersappropriate technical facil-
itiesfor the packing and marketing of the productsin ques tion;
(b) isable to demons trate a minimum volume of marketable produc-
tion and a minimum number of producers;
(c) has rules containing provisions:
— requiring producersto market through the organization the
whole of their production of the product or productsfor whichthey joined that organization,
— giving the producerscontrol of the organization and itsdeci-
sion-making procedures,
— penalizing any violation by member producersof the ruleslaid
down by the organization,
— imposing levies on its members,— concerning the admission of new members;
(d) laysdown rulesconcerning 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) isrecognized by the Member State concerned in accordance with
paragraph 2.
2. On application, the Member Statess hall recognize the organiza-
tionsconcerned provided they offer adequate guaranteesof the lengthand effectiveness of their work, with particular reference to the taskslisted in paragraph 1, and provided they satisfy the conditions laid
down therein.
Article 6
1. For the five yearsfollowing the date of recognition, the Member
States shall grant recognised producer organisations assistance toencourage their establishment and assist with their administrativeoperation.
2. Such aid:
— shall be, for the first, second, third, fourth and fifth years respec-
tively, 5 %, 5 %, 4 %, 3 % and 2 % of the value of production
marketed under the auspices of the producer organisation,
— shall not exceed the actual cost of formation and administrative
operation of the organisation concerned,
— shall be paid in annual instalments for a maximum of seven years
following the date of recognition.
The value of each year's production shall be calculated on the basis of:
— the annual volume actually marketed,
— the average producer pricesobtained.
3. Producer organisations deriving from organisations which already
comply to a large extent with the conditionsof thisRegulation s hallqualify for aid under thisArticle only if they are formed asthe res ultof a merger enabling the objectivesreferred to in Article 5 to beachieved more effectively. However, in such a case, the aid shall begranted only in respect of the cost of formation of the organisation1993R0404 — EN — 01.07.2001 — 005.001 — 6
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(expenditure incurred in connection with the preparatory work and the
drawing up of the memorandum and articles of association).
4. The aid referred to in this Article shall be notified to the Commis-
sion in a report from the Member States at the close of each financial
year.
Article 7
1. Associations of producers or of producers' organizations set up to
carry out one or more measures of common interest may participate in
the 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 quality
and the development of environmentally sound production methods.
Article 8
1. In accordance with the procedure provided for in Article 43 (2) of
the Treaty, the Council shall lay down conditions for the recognitionand operation of groups encompassing one or more of the economicactivities relating to the production, marketing or processing of bananas
in order in particular:
— to improve market intelligence and knowledge of the likely devel-
opment of marketsand marketing conditions ;
and
— to reduce the dispersion of supply, guide production and promote
improvementsin the quality of bananasin order better to meet
market 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 rulesadopted 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 rulesfor thisTitle s hall 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 Statesmay draw up operational programmesunder 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 and
organizationsin the banana s ector, asreferred to in Articles5, 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 in1993R0404 — EN — 01.07.2001 — 005.001 — 7
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compliance with the regulationsin force for the management of the
structural Funds.
Article 11
In the framework of cooperation between the Commission and the
national and regional authorities, the producers' organizations, associa-
tionsand groupsreferred to in Articles5, 7 and 8 may be as ked tosubmit 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 producerswho are membersof a recognized producers '
organization which ismarketing in the Community bananascomplyingwith the common standards laid down. However, compensation may bepaid to an individual producer who, because of his specific situation,and in particular hisgeographical location, isunable to join a produ-cers' organization.
2. The maximum quantity of bananasproduced in the Community
and marketed for which compensation may be paid shall be fixed at854 000 tonnes(net weight) to be broken down asfollowsfor each
producer region in the Community:
1. 420 000 tonnes for the Canary Islands,
2. 150 000 tonnesfor Guadeloupe,3. 219 000 tonnesfor Martinique,4. 50 000 tonnesfor Madeira, the Azoresand the Algarve,
5. 15 000 tonnesfor Crete and Lakonia.
Subject to the maximum quantity for the Community, the quantity for
each region may be adjusted.
3. Compensation shall be calculated on the basis of the difference
between:
— the ‘flat-rate reference income’ for bananasproduced 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 bananasproduced in the Community and
marketed during a reference period prior to 1 January 1993 to bedetermined in accordance with the procedure laid down in Article
27;
— less the average cost of transport and delivery fob.
It shall be reviewed by the Commission when the aid is fixed after
three yearsto take account in particular of increas ed productivity andtrendsin the variousquality categories .
5. The ‘average production income’ for Community bananass hall
be calculated each year from:
— the average price of bananasproduced 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 iss ignificantly 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.1993R0404 — EN — 01.07.2001 — 005.001 — 8
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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 treeson the holding where the
area planted to bananas is less than five hectares;
— the grubbing-up of half the banana treeson the holding where
the area planted to bananasisfive hectaresor more;
(b) not to plant banana treeson the holding concerned for a period of
twenty yearsfrom the year in which grubbing-up took place.
Areasplanted to bananasafter thisRegulation hascome 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, thisamount may be adjus ted 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 eligibilityfor the premium for cessation of banana production producers situated
in areas where disappearance of this crop would have negative conse-
quences, in particular on the maintenance of microclimatic soil, orenvironmental conditionsor the lands cape.
5. Thispremium s hall 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 with the granting of structural assistance under Regulations
(EEC) No 2052/88(4) and (EEC) No 4253/88(5).
Article 14
Detailed rulesfor the application of thisTitle s hall be adopted in accor-
dance with the procedure laid down in Article 27.
However, detailed rulesfor the application of Articles6 and 10 s hall be
adopted in accordance with the 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 products1993R0404 — EN — 01.07.2001 — 005.001 — 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
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listed in Article 1, imports of one or more of such products at the rate
of duty laid down in Article 10 shall be subject to payment of an addi-tional import duty if the conditionss et out in Article 5 of the
Agreement on Agriculture concluded in accordance with Article 228
of the Treaty in the framework of the Uruguay Round of multilateraltrade negotiationshave been fulfilled unles sthe importsare unlikelyto disturb the Community market, or where the effects would bedisproportionate to the intended objective.
3. The trigger pricesbelow which an additional import duty may be
imposed shall be those notified by the Community to the World TradeOrganization.
The trigger volumeswhich mus t be exceeded for an additional import
duty to be imposed shall be determined in particular on the basis ofCommunity importsover the three yearspreceding the year in whichthe adverse effects referred to in paragraph 2 have occurred or are
likely to occur.
4. The import pricesto be taken into account for the impos ition of
an additional import duty shall be determined on the basis of the cif
import pricesof the s hipment 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 or
on the Community import market for the product
5. The Commission shall adopt detailed rules for the application of
thisArticle in accordance with the procedure laid down in Article 27.Such detailed rules shall specify in particular:
(a) the productsto which additional import dutiess hall be applied, in
accordance with Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in accor-
dance with Article 5 of the said Agreement.
Article 16
1. This Article and Articles 17 to 20 shall apply to imports of fresh
productsfalling within CN code ex 0803 00 19 up to the entry intoforce of the rate of the common customs tariff for those products, nolater than 1 January 2006, established under the procedure providedfor in Article XXVIII of the General Agreement on Tariffsand Trade.
2. Until the entry into force of the rate referred to in paragraph 1,
imports of the fresh products referred to in the said paragraph shall beunder the tariff quotasopened by Article 18.
Article 17
To the extent necessary, importation of bananas into the Community
shall be subject to submission of an import licence, to be issued by
Member States to any interested parties irrespective of their place of
establishment in the Community and without prejudice to specificprovisions adopted for the application of Articles 18 and 19.
Such import licencess hall be valid throughout the Community. Except
where derogationsare adopted under the procedure laid down inArticle 27, the issue of licences shall be subject to lodging of a securityagainst a commitment to import on the terms of this Regulation duringthe period of the licence'svalidity. Except in cas esof force majeure the
security shall be wholly or partly forfeit if the operation is not or is
only partly carried out within the time allowed.
Article 18
1. Each year from 1 January the following tariff quotass hall be
opened:
(a) a tariff quota of 2 200 000 tonnesnet weight, called ‘quota A’;1993R0404 — EN — 01.07.2001 — 005.001 — 10
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(b) an additional tariff quota of 353 000 tonnesnet weight, called
‘quota B’;
(c) an autonomoustariff quota of 850 000 tonnesnet weight, called
‘quota C’.
These tariff quotas shall be open for imports of products originating in
all third countries.
The Commission may, on the basis of an agreement with World Trade
Organisation contracting parties with a substantial interest in the supplyof bananas, allocate tariff quotas ‘A’ and ‘B’ among supplier countries.
2. Imports under tariff quotas ‘A’ and ‘B’ shall be subject to
customs duty of EUR 75 per tonne.
3. Imports under tariff quota ‘C’ shall be subject to a customs duty
of EUR 300 per tonne.
The customs duty set out in the first subparagraph may be reduced
during the year by the Commission in so far as this is necessary toensure the possibility of effective importation of bananas originating
in third countrieswhich do not benefit from the tariff preference of
paragraph 4 of thisArticle.
The detailed arrangementsfor the application of thisparagraph s hall be
adopted in accordance with the procedure laid down in Article 27.
4. A tariff preference of EUR 300 per tonne shall apply to imports
originating in ACP countries both under and outside the tariff quotas.
5. The duty rates set in this Article shall be converted into national
currency at the ratesapplicable for the productsin ques tion for thepurposes of the common customs tariff.
6. The additional tariff quota provided for in paragraph 1(b) may be
increased if demand in the Community increases as indicated by abalance sheet of production, consumption, imports and exports.
The balance sheet shall be adopted and the tariff quota increased under
the procedure set out in Article 27.
7. Where supply of the Community market is subject to exceptional
circumstances affecting production or importation, the Commissionshall adopt the specific measures necessary under the procedure set
out in Article 27.
In such cases the additional tariff quota ‘B’ may be adjusted on the
basis of the balance sheet referred to in paragraph 6. The specific
measures may derogate from the rules adopted under Article 19(1).
They must not discriminate between third countries.
8. Bananasre-exported from the Community s hall not be counted
against the corresponding tariff quotas.
Article 19
1. The tariff quotasmay be managed in accordance with the method
based on taking account of traditional trade flows (‘traditionals/newco-
mers’) and/or other methods.
2. The method adopted shall take account as appropriate of the need
to maintain the equilibrium of supply to the Community market.
Article 20
The Commission shall adopt provisions to implement this Title under
the procedure set out in Article 27. Their scope shall include:
(a) ruleson the management of the tariff quotasreferred to in Article
18;
(b) where required, guarantee of the nature and origin of the products;
(c) measures needed to ensure respect for obligations stemming from
agreementsconcluded by the Community under Article 300 of theTreaty.1993R0404 — EN — 01.07.2001 — 005.001 — 11
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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
importsof bananasannexed 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 rulesfor the interpretation of the 4combined nomenclature
and the special rules for its application shall apply to the classification
of productscovered by thisRegulation; the tariff nomenclature
resulting from the application of this Regulation shall be incorporatedin the Common Customs Tariff.
Article 23
1. If, by reason of imports or exports, the Community market in one
or more of the productslis ted in Article 1 isaffected by, or isthrea-
tened with, serious disturbance likely to jeopardize the achievement of
the objectives set out in Article 39 of the Treaty, appropriate measuresmay be taken in trade with third countries until such disturbance orthreat 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 shall
determine 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 daysfollowing receipt of the reques t.
3. Measures decided upon by the Commission may be referred to
the Council by any Member State within three working daysof theday on which they were notified. The Council shall meet without
delay. It may, acting by a qualified majority, amend or annul the
measure in question.
4. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 27.
5. ThisArticle s hall be applied having regard to the obligations
arising from international agreements concluded in accordance with
Article 228 (2) of the Treaty.
Article 24
Save asotherwis e provided for in thisRegulation, Articles92 to 94 of
the Treaty shall apply to the production of and trade in the productsreferred to in Article 1.1993R0404 — EN — 01.07.2001 — 005.001 — 12
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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 rulesfor the application of thisArticle, and in particular
a definition of the conditionsto be met before financial aid from theCommunity 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 theMember States and chaired by a representative of the Commission.
2. Within the Committee the votesof Member Statess hall be
weighted in accordance with Article 148 (2) of the Treaty. TheChairman shall not vote.
Article 27
1. Where reference ismade 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 a
Member 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 beadopted 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 requiresto implement thisRegulation, in particular concerning;
— measures taken to apply and check common quality standards,
— producers' organizations,— the content and implementation of the regional framework
programmesfor bananas ,
— provisions for the management of any compensatory aid,
— lists of operators,
— data on production and prices,1993R0404 — EN — 01.07.2001 — 005.001 — 13
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation aslas t amended by Regulation
(EEC) No 2048/88 (OJ No L 185, 15. 7. 1988, p. 1).
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— quantitiesof Community and ACP bananasand bananasfrom third
countriesother than ACP countriesmarketed in their territory,
— forecasts of production and consumption in the following year.
Article 30
If specific measures are required after July 1993 to assist the transition
from arrangementsexis ting before the entry into force of thisRegula-
tion to those laid down by this Regulation, and in particular to
overcome difficulties of a sensitive nature, the Commission, acting inaccordance with the procedure laid down in Article 27, shall take anytransitional 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 productslis ted in Annex II to Regulation (EEC) No
1035/72 which are withdrawn from the market in accor-dance with Articles15 and 15a or bought in in accordancewith Articles19 and 19a of that Regulation and
(b) productsin the banana s ector covered by Council Regula-
tion (EEC) No 404/93 (*);
(1) OJ No L 47, 25. 2. 1993, p. 1.’
2. The fourth indent shall be replaced by:
‘verification of the recording of the pricesreferred to in Articles17
and 24 of Regulation (EEC) No 1035/72’.
Article 32
1. At the latest by 31 December 2004, the Commission shall submit
to the European Parliament and the Council a report, accompanied ifappropriate by proposals, on the operation of this Regulation and ofpossible alternatives, in particular as regards the import arrangements.
2. The report shall in particular analyse the marketing trends for
Community, ACP and third State bananas and assess how the import
arrangements have worked. In this context, special attention shall be
paid to the extent to which the most vulnerable ACP suppliers havebeen able to maintain their position on the Community market.
Article 33
ThisRegulation s hall 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.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1993R0404 — EN — 01.07.2001 — 005.001 — 14
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