Commission Regulation (EC) No 1586/1999 of 20 July 1999 amending Commission Regulation (EC) No 2632/98 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: 1999-07-20
Institutions: European Commission
Subjects: ACP countries, import policy, quantitative restriction, tariff quota, tropical fruit

21. 7. 1999

EN

Official Journal of the European Communities

L 188/19

COMMISSION REGULATION (EC) No 1586/1999

of 20 July 1999

amending Commission Regulation (EC) No 2632/98 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 1257/
1999 (2),

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 6(3)
thereof,

(1) 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
traditional operators' total provisional reference quant-
ities established pursuant to Article 4 et seq. of that
the Commission must set, where appro-
Regulation,
priate, a single adjustment coefficient to be applied to
each operator's provisional reference quantity;

(2) Whereas, on the basis of the notifications made by the
Member States in accordance with Article 28(2)(a) of
Regulation (EC) No 2362/98 regarding the traditional
operators'
the
Commission set a single adjustment coefficient to be
applied to each traditional operator's provisional
reference quantity for 1999 in Regulation (EC) No
2632/98 (5);

reference quantities,

total provisional

(3) Whereas the results of the additional verifications and
checks carried out by the competent national authorities
in cooperation with the Commission necessitate a

correction of the single adjustment coefficient to be
applied to each traditional operators' provisional refer-
ence quantity; whereas, to that end, Article 1 of Regula-
tion (EC) No 2632/98 should be amended;

the Community's

(4) Whereas this Regulation is without prejudice to any
measures to be adopted at a later date in particular to
meet
commitments
under the World Trade Organisation (WTO) and cannot
be invoked by operators as grounds for
legitimate
expectations with a view to prolonging the import
arrangements;

international

(5) Whereas this Regulation must enter into force immed-
iately to enable the Member States to make the necessary
corrections to operators' reference quantities,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 2632/98, the coefficient
‘0,939837’

is replaced by ‘0,947938’.

Article 2

The competent authorities in the Member States shall notify
the operators concerned of the quantity allocated for 1999
adjusted in application of Article 1 no later than 1 September
1999.

Article 3

This Regulation shall enter into force on the day following its
publication 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. 21.