Commission Regulation (EC) No 756/1999 of 12 April 1999 amending Regulation (EC) No 2362/98 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community
Date: 1999-04-12
Institutions: European Commission
Subjects: import, import licence, import policy, tariff quota, tropical fruit

L 98/10

EN

Official Journal of the European Communities

13. 4. 1999

COMMISSION REGULATION (EC) No 756/1999

of 12 April 1999

amending Regulation (EC) No 2362/98 laying down detailed rules for the imple-
mentation of Council Regulation (EEC) No 404/93 regarding imports of bananas
into the Community

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), and in particular Article 20 thereof,

Whereas Commission Regulation (EC) No 2362/93 (3)
lays down detailed rules for the implementation of Regu-
lation (EEC) No 404/93 as regards imports of bananas
into the Community;

Whereas Article 20 of Regulation (EC) No 2362/98 lays
down the conditions for issuing re-allocation licences for
quantities unused under licences issued in respect of an
earlier quarter of the same year; whereas the way that the
quantities for the various origins listed in Annex I to that
Regulation are administered, and in particular the fact
that any reduction coefficients are fixed by origin, means
that re-allocation licences must be applied for and issued
for the same origin as the original unused or partly used
licence; whereas that obligation should be spelled out
explicitly along the lines of Article 10(3) of Commission
Regulation (EEC) No 1442/93 (4), as last amended by
Regulation (EC) No 1409/96 (5);

Whereas Article 25 of Regulation (EC) 2362/98 provides
that import licence applications from traditional operators
are to be accompanied by proof that a security has been
lodged; whereas it should be made clear that this obliga-
tion applies to all import licence applications, with the
exception of applications submitted by ‘newcomers' in
the case of imports under tariff quotas and imports of
traditional ACP bananas; whereas there is all the more
reason for that obligation not to apply either in the case
of
re-allocation
from ‘newcomers'
licences;

applications

for

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Bananas,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2362/98 is amended as follows:

1. Article 20(1) is replaced by the following:

‘1.
Unused quantities covered by licences shall be
re-allocated on application to the same operators, be
they holders or transferees, for use in a subsequent
quarter of the same year as that in which the original
licences were issued. Re-allocation licences shall be
used to import bananas of the same origin as that for
which the original unused or partly used licences were
issued.

The securities for the original licences shall be forfeit
in proportion to the quantities not used up.'

2. Article 25 is replaced by the following:

‘Article 25

Import licence applications shall be accompanied
1.
by proof that a security has been lodged in accordance
with Title III of Regulation (EEC) No 2220/85. This
security shall amount
to EUR 18 per tonne. This
provision shall not apply, however, to licence applica-
tions submitted by newcomer operators under the
import arrangements laid down in Title II.

2. Where licences are issued for a quantity lower
than that applied for, the security covering the quantity
not allocated shall be released immediately.'

Article 2

Whereas Regulation (EC) No 2362/98 must be clarified
accordingly;

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

(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.
(4) OJ L 142, 12.6.1993, p. 6.
(5) OJ L 181, 20.7.1996, p. 13.

This Regulation shall apply to applications for import
licences and re-allocation licences as from its entry into
force.

13. 4. 1999

EN

Official Journal of the European Communities

L 98/11

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

Done at Brussels, 12 April 1999.

For the Commission

Franz FISCHLER

Member of the Commission