4.

The Regulation contains the following provisions pertinent to this case: ‘TITLE IV Trade with third countries ... Article 16 1. Each year, a forecast supply balance shall be prepared of production and consumption in the Community and of imports and exports. 2. ... 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 a case, the tariff quota provided for in Article 18 shall be adapted in accordance with the procedure laid down in Article 27. ... Article 18 1. A tariff quota of 2.2 million tonnes (net weight) shall be opened each year for imports of third-country bananas and non-traditional ACP bananas. ... Where Community demand determined on the basis of the forecast supply balance referred to in Article 16 increases, the volume of the quota shall be increased in consequence, in accordance with the procedure laid down in Article 27. Where necessary, that adjustment shall be carried out prior to the date of 30 November preceding the marketing year concerned. ... Article 19 1. The tariff quota shall be opened from 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 non-traditional ACP bananas; (c) 3.5% to the category of operators established in the Community who started marketing bananas other than Community and/or traditional ACP bananas from 1992. ... 2. On the basis of separate calculations for each of the categories of operators referred to in paragraph 1(a) and (b), each operator shall obtain 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 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. ... 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. ... TITLE V General provisions ... Article 26 1. A Management Committee for Bananas ... shall be established ... 2. ... Article 27 1. Where reference is made to the procedure laid down in this article, the Chairman shall refer the matter to the Committee either on 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 such measures ... 3. The Commission shall adopt measures which shall apply immediately. 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 ... The Council, acting by a qualified majority, may take a different decision 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 representative of a Member State. Article 30 If specific measures are required after July 1993 to assist the transition from arrangements existing before the entry into force of this Regulation to those laid down by this Regulation, and in particular to overcome 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.’