Commission Regulation (EC) No 2631/98 of 8 December 1998 laying down for 1999 the quantities for which the annual allocations for 'newcomer" operators are granted under the tariff quotas for traditional ACP bananas
Date: 1998-12-08
Institutions: European Commission
Subjects: import, import licence, import policy, quantitative restriction, tariff quota, tropical fruit

9. 12. 98

EN

Official Journal of the European Communities

L 333/19

COMMISSION REGULATION (EC) No 2631/98

of 8 December 1998

laying down for 1999 the quantities for which the annual allocations for ‘new-
comer' operators are granted under the tariff quotas for traditional ACP bananas

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 1637/98 (2),

Having regard to Commission Regulation (EC) No 2362/
98 of 28 October 1998 laying down detailed rules for the
implementation of Council Regulation (EEC) No 404/93
regarding imports of bananas into the Community (3), and
in particular Articles 9(3) and 28(3) thereof,

Whereas Article 9(3) of Regulation (EC) No 2362/98 lays
down the method for calculating the annual allocation for
each ‘newcomer' operator; whereas, in accordance with
that method and a ranking of the individual applications
in increasing order of
the
Commission calculates
for which the
annual allocations shall be granted;

the quantities applied for,
the quantities

Whereas, the notifications received in accordance with
Article 28(2) of Regulation (EC) No 2362/98 have led the
Commission to adopt this Regulation, based on which the
competent national authorities will establish the indi-
vidual allocations for the operators in question and notify
them accordingly; whereas the final date for these noti-
fications should be specified so that the provisions of
Article 30 of Regulation (EC) No 2362/98 on the intro-
duction of the licence applications can be complied with
for the first quarter of 1999;

2362/98, in particular as regards the definition of ‘new-
comers', require the national authorities, in cooperation
with the Commission,
to carry out verifications and
checks that cannot be completed before the start of 1999;
whereas these operations may result in a further correc-
tion of this Regulation and corrections of the annual
the ‘newcomer' operators; whereas,
allocations for
in
particular,
the annual allocations calculated by the
national authorities pursuant to Regulation (EC) No 2362/
98 and this Regulation will not constitute vested rights or
be invoked by the operators as legitimate expectations;

Whereas this Regulation must enter into force imme-
diately, given the time limits laid down in Regulation
(EC) No 2362/98,

HAS ADOPTED THIS REGULATION:

Article 1

In the case of
the tariff quotas and traditional ACP
bananas referred to in Articles 18 and 19 of Regulation
(EEC) No 404/93, the national authorities shall establish,
for 1999, the annual allocations for the ‘newcomer' oper-
ators referred to in Articles 7 et seq. of Regulation (EC)
No 2362/98, in accordance with the Annex hereto and
shall notify the newcomers accordingly no later than 10
December 1998.

Whereas, however, the changes to the arrangements for
the importation of bananas into the Community intro-
duced by Regulations (EC) No 1637/98 and (EC) No

Article 2

(1) OJ L 47, 25. 2. 1993, p. 1.
(2) OJ L 210, 28. 7. 1998, p. 28.
(3) OJ L 293, 31. 10. 1998, p. 32.

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

L 333/20

EN

Official Journal of the European Communities

9. 12. 98

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

Done at Brussels, 8 December 1998.

For the Commission
Franz FISCHLER

Member of the Commission

ANNEX

Application of Article 9(3) of Regulation (EC) No 2362/98

I

II

Classification of the requests for an allocation (in
ascending order of quantity)

Method for determining the allocation

1. Requests relating to less than 275,537 tonnes

— Allocation granted for the quantity requested

2. Requests relating to 275,537 tonnes, or more

— Allocation granted for 275,537 tonnes