Commission Regulation (EC) No 2632/98 of 8 December 1998 laying down for 1999 the single adjustment coefficient to be applied to each traditional operator's provisional reference quantity 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 333/21

COMMISSION REGULATION (EC) No 2632/98

of 8 December 1998

laying down for 1999 the single adjustment coefficient to be applied to each
traditional operator’s provisional reference quantity 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 6(3) and 28(3) thereof,

the individual
tional operators and the calculation of
reference quantities, require the national authorities, in
cooperation with the Commission, to carry out verifica-
tions and checks that cannot be completed before the
start of 1999; whereas these operations may result in a
further correction of the adjustment coefficient set by this
Regulation and to corrections of the traditional operators’
reference quantities; whereas, in particular, the reference
quantities 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,

Whereas Articles 6(3) and 28(3) of Regulation (EC) No
2362/98 stipulate that, in the light of the total volume of
tariff quotas and traditional ACP bananas and the tradi-
tional operators’
reference quantities
established pursuant to Article 4 and subsequent Articles
of
the Commission must set, where
appropriate, a single adjustment coefficient to be applied
to each operator’s provisional reference quantity;

total provisional

that Regulation,

Whereas, on the basis of the notifications received in
accordance with Article 28(2)(a) of Regulation (EC) No
2362/98 regarding the traditional operators’ total provi-
sional reference quantities, the Commission is required to
set a single adjustment coefficient to be applied to each
traditional operator’s provisional reference quantity for
1999;

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 reference quantity to be allocated
to each traditional operator within the meaning of Article
3 of Regulation (EC) No 2362/98 for 1999 shall be
obtained by applying to the operator’s provisional refer-
ence quantity, as calculated pursuant to Articles 4 et seq.
of Regulation (EC) No 2362/98, a single adjustment coef-
ficient of 0,939837.

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
2362/98, in particular as regards the definition of tradi-

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 333/22

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