Commission Regulation (EC) No 1087/98 of 28 May 1998 fixing certain indicative quantities for imports of bananas into the Community for the third quarter of 1998 (Text with EEA relevance)
Date: 1998-05-28
Institutions: European Commission
Subjects: ACP countries, import, quantitative restriction, tariff quota, third country, tropical fruit

L 155/20

EN

Official Journal of the European Communities

29. 5. 98

COMMISSION REGULATION (EC) No 1087/98

of 28 May 1998

fixing certain indicative quantities for imports of bananas into the Community
for the third quarter of 1998

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 404/93 of
13 February 1993 on the common organisation of the
market in bananas (1), as last amended by Regulation (EC)
No 3290/94 (2), and in particular Article 20 thereof,

Whereas Article 9(1) of Commission Regulation (EEC)
No 1442/93 of 10 June 1993 laying down detailed rules
for the application of the arrangements for importing
bananas into the Community (3), as last amended by
Regulation (EC) No 1409/96 (4), provides for the fixing of
indicative quantities expressed as a percentage of
the
quantities allocated to the various countries or groups of
countries mentioned in Annex I to Commission Regula-
tion (EC) No 478/95 (5), as amended by Regulation (EC)
No 702/95 (6), for the purpose of issuing import licences
for each quarter using data and forecasts relating to the
Community market;

Whereas, on the basis of an analysis of the data relating
on the one hand to the quantities of bananas marketed in
the Community in 1997 and in particular to actual
imports in particular during the third quarter, and on the
other hand to the outlook for supply of the market and
consumption within the Community during the third
quarter of 1998, an indicative quantity should be fixed for
each country of origin at 27 % of the quantity allocated
to it in the tariff quota to ensure adequate supplies to the
Community as a whole;

Whereas, on the basis of the same data, the authorized
quantity referred to in Article 9(2) of Regulation (EEC)
No 1442/93 which operators in categories A and B can
apply for in respect of the third quarter of 1998 should be
fixed;

Whereas the indicative quantities provided for in Article
14(1) of Regulation (EEC) No 1442/93 for the purposes of
issuing import licences for traditional imports from ACP
States should also be fixed;

Whereas it should be recalled that, as a result of the Court
of Justice rulings of 10 March 1998 in Cases 122/95,
364/95 and 365/95, to be admissible Category A and C

(1) OJ L 47, 25. 2. 1993, p. 1.
(2) OJ L 349, 31. 12. 1994, p. 105.
(3) OJ L 142, 12. 6. 1993, p. 6.
(4) OJ L 181, 20. 7. 1996, p. 13.
(5) OJ L 49, 4. 3. 1995, p. 13.
(6) OJ L 71, 31. 3. 1995, p. 84.

import licences are no longer subject to the presentation
of export licences for bananas originating in Costa Rica,
Colombia or Nicaragua;

Whereas this Regulation must enter into force prior to
the period for the submission of licence applications in
respect of the third quarter of 1998;

Whereas the Management Committee for Bananas has
not issued an opinion within the time limit laid down by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

For the Community as a whole for the third quarter of
1998, the indicative quantities provided for in Article 9(1)
of Regulation (EEC) No 1442/93 for imports of bananas
under the tariff quota provided for in Articles 18 and 19
of Regulation (EEC) No 404/93 shall be 27 % of the
quantities laid down for each country or group of coun-
tries mentioned in Annex I to Regulation (EC) No 478/
95.

Article 2

The authorized quantities for Category A and B operators
for the third quarter of 1998 as provided for in Article 9(2)
of Regulation (EEC) No 1442/93 shall amount to 29 % of
the quantity allocated to each operator pursuant to the
second paragraph of Article 6 of that Regulation.

Article 3

The indicative quantities provided for in Article 14(1) of
Regulation (EEC) No 1442/93 for
traditional ACP
imports of bananas for the third quarter of 1998 shall be
30 % of the traditional quantities laid down in respect of
each country in the Annex to Regulation (EEC) No 404/
93.

Article 4

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

29. 5. 98

EN

Official Journal of the European Communities

L 155/21

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 28 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission