Commission Regulation (EC) No 1591/1999 of 20 July 1999 amending Regulation (EC) No 2631/98 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: 1999-07-20
Institutions: European Commission
Subjects: ACP countries, import, quantitative restriction, tariff quota, tropical fruit

21. 7. 1999

EN

Official Journal of the European Communities

L 188/31

COMMISSION REGULATION (EC) No 1591/1999

of 20 July 1999

amending Regulation (EC) No 2631/98 laying down for 1999 the quantities for which the annual
allocations for ‘newcomer’ 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),
by Regulation (EC) No
as
1257/1999 (2),

amended

last

Having regard to Commission Regulation (EC) No 2362/98 of
28 October 1998 laying down detailed rules for the imple-
mentation of Council Regulation (EEC) No 404/93 regarding
imports of bananas into the Community (3), as amended by
Regulation (EC) No 756/1999 (4), and in particular Article 9(3)
thereof,

(1) Whereas Article 9(3) of Regulation (EC) No 2362/98
defines the method of calculating the annual allocation
of each ‘newcomer’ operator; whereas, using that
method, the Commission must determine the quantities
in respect of which the annual allocations are to be
granted
in
applications
ascending order of quantity as the basis;

individual

ranked

using

(3) Whereas additional checks carried out by the competent
national authorities in cooperation with the Commission
indicate that the annual allocations for ‘newcomer’ oper-
ators should be adjusted; whereas Regulation (EC) No
2631/98 should be amended accordingly;

(4) Whereas

the provisions of

this Regulation do not
prejudge measures which may have to be adopted at a
later date with a view to complying with the inter-
national commitments entered into by the Community
within the framework the World Trade Organisation
(WTO) and cannot be invoked by operators to justify
legitimate expectations that
the import arrangements
will be extended;

(5) Whereas this Regulation must enter into force imme-

diately,

HAS ADOPTED THIS REGULATION:

Article 1

(2) Whereas, on the basis of communications by Member
States concerning applications for annual allocations
from ‘newcomer’ operators pursuant to Article 28(2) of
Regulation (EC) No 2362/98, the Commission deter-
mined by Regulation (EC) No 2631/98 (5) the quantities
for which the individual allocations for the operators
concerned should be granted in 1999;

The Annex to Regulation (EC) No 2631/98 is replaced by the
Annex to this Regulation.

Article 2

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

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

Done at Brussels, 20 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 47, 25.2.1993, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 293, 31.10.1998, p. 32.
(4) OJ L 98, 13.4.1999, p. 10.
(5) OJ L 333, 9.12.1998, p. 19.

L 188/32

EN

Official Journal of the European Communities

21. 7. 1999

ANNEX

‘ANNEX

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

Ranking of applications for allocations (in ascending
order of quantities indicated)

I

Method of determining the allocation

II

1. Applications for less than 279,580 tonnes

— Allocation granted for quantity requested

2. Applications for 279,580 tonnes or more

— Allocation granted for 279,580 tonnes’