Proposal for a Council Regulation amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas
Date: 1999-11-10
Institutions: European Commission
Subjects: common organisation of markets, marketing standard, producer organisation, tropical fruit

C 177 E/28

EN

Official Journal of the European Communities

27.6.2000

Proposal for a Council Regulation (EC) amending Regulation (EEC) No 404/93 on the common
organisation of the market in bananas

(2000/C 177 E/05)

COM(1999) 582 final (cid:151) 1999/0235(CNS)

(Submitted by the Commission on 15 November 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

and other

interested parties

(1) There have been numerous close contacts with supplier
countries
the
disputes arising from the import regime established by
Regulation (EEC) No 404/93, as amended by Regulation
(EC) No 1637/98, and to take account of the conclusions
of the special group set up under the dispute settlement
system of the World Trade Organisation (WTO).

to settle

(2) Analysis of all the options presented by the Commission
suggests that establishment
in the medium term of an
import system founded on the application of a customs
duty at an appropriate rate and application of a preferential
to imports from ACP countries provides the best
tariff
the
firstly of achieving the objectives of
guarantees,
common
regards
organisation
Community production and consumer demand, secondly
of complying with the rules on international trade, and
thirdly of preventing further disputes.

the market

of

as

(4) Until the entry into force of that regime, the Community
should be supplied under several
tariff quotas open to
imports from all origins and managed in line with the
recommendations made by the dispute settlement body.
The first tariff quota of 2 200 000 tonnes at a rate of
EUR 75 should be bound in the WTO. A second,
additional
should be
tariff quota of 353 000 tonnes
opened to cater for the increase in consumption resulting
from enlargement of the Community in 1995, with the
same rate applying. To ensure satisfactory supply to the
Community,
of
(850 000) tonnes should be opened, also for all origins.
Under this latter tariff quota, the common customs tariff
rate should be reduced in accordance with the most appro-
priate method, and the preferential tariff granted to the
ACP countries must be applied.

autonomous

quota

third,

tariff

a

(5) In view of the contractual obligations towards the ACP
countries
them proper
and the need to guarantee
conditions of competition, application to imports of
bananas originating in those countries of a tariff preference
of EUR 275 per tonne would allow the trade flows in
question to be maintained. This will entail
in particular
the application to such imports of zero duty under the
first two tariff quotas, and a cut of EUR 275 in the duty
to be paid under the third tariff quota after application of
the aforementioned reduction.

(6) The Commission should be authorised to open negotiations
in
with supplier countries having a substantial
to
supplying the Community market
achieve a negotiated allocation of
two tariff
quotas. The Commission should also be granted authority
to lay down rules for the management of the tariff quotas
established by this Regulation.

interest
to endeavour

the first

(7) Provision should be made for the additional tariff quota of
353 000 tonnes to be modified to take account of any
increased Community demand found when a supply
balance is drawn up. Provision should also be made for
suitable specific action to be taken in response to excep-
tional
the
Community market.

circumstances

supply of

to affect

liable

(3) However,

such a
of

system must be

introduced upon
completion
the Community’s
partners in accordance with WTO procedures, in particular
Article XXVIII of the General Agreement on Tariffs and
Trade (GATT).

negotiations with

(8) Accordingly, amendments should be made to Title IV of

Regulation (EEC) No 404/93,

27.6.2000

EN

Official Journal of the European Communities

C 177 E/29

HAS ADOPTED THIS REGULATION:

These tariff quotas shall be open for imports of products
originating in all third countries.

Article 1

Regulation (EEC) No 404/93 is hereby amended as follows:

1. Articles 16 to 20 of Title IV are replaced by the following:

The Commission may, on the basis of an agreement with
World Trade Organisation contracting parties with a
substantial interest in the supply of bananas, allocate tariff
quotas (cid:147)A(cid:148) and (cid:147)B(cid:148) among supplier countries.

(cid:145)Article 16

Imports under tariff quotas (cid:147)A(cid:148) and (cid:147)B(cid:148) shall be subject

2.
to customs duty of EUR 75 per tonne.

Articles 16 to 20 of this Title shall apply to imports of
1.
fresh products falling within CN code ex 0803 00 19 up to
the entry into force of the rate of the common customs
tariff for those products, no later than 1 January 2006,
established under the procedure provided for in Article
XXVIII of the General Agreement on Tariffs and Trade.

2.
Until the entry into force of the rate referred to in
paragraph 1, imports of the fresh products referred to in
paragraph 1 shall be under the tariff quotas opened by
Article 18.

Article 17

To the extent necessary,
importation of bananas into the
Community shall be subject to submission of an import
licence, to be issued by Member States to any interested
parties irrespective of their place of establishment in the
Community and without prejudice to specific provisions
adopted for the application of Articles 18 and 19.

licences

shall be valid throughout

Such import
the
Community. Except where derogations are adopted under
the procedure laid down in Article 27,
the issue of
licences shall be subject to lodging of a security against a
commitment
this Regulation
during the period of the licence’s validity. Except in cases
of force majeure the security shall be wholly or partly forfeit
if the operation is not or is only partly carried out within
the time allowed.

to import on the terms of

By derogation from Article 15,

3.
imports under tariff
quota (cid:147)C(cid:148) shall be subject to the duty referred to in that
Article less a reduction which may be determined by tender.

4.
A tariff preference of EUR 275 per tonne shall apply
to imports originating in ACP countries both under and
outside the tariff quotas.

The duty rates set in this Article shall be converted
the
the common

5.
into national currency at
products in question for the purposes of
customs tariff.

the rates applicable for

6.
The addtional tariff quota provided for in paragraph
1(b) may be increased if demand in the Community
increases as indicated by a balance sheet of production,
consumption, imports and exports.

The balance sheet shall be adopted and the tariff quota
increased under the procedure set out in Article 27.

7. Where supply of the Community market is subject to
or
circumstances
exceptional
importation,
the specific
the Commission shall adopt
measures necessary under the procedure set out in Article
27.

production

affecting

Article 18

Each year from 1 January the following tariff quotas

1.
shall be opened:

(a) a tariff quota of 2 200 000 tonnes net weight, called

(cid:147)quota A(cid:148);

In such cases the additional tariff quota (cid:147)B(cid:148) may be adjusted
on the basis of the balance sheet referred to in paragraph 6.
The specific measures may derogate from the rules adopted
under Article 19(1). They must not discriminate between
third countries.

Bananas re-exported from the Community shall not be

8.
counted against the corresponding tariff quotas.

(b) an additional tariff quota of 353 000 tonnes net weight,

called (cid:147)quota B(cid:148);

Article 19

(c) an autonomous tariff quota of 850 000 tonnes net

weight, called (cid:147)quota C(cid:148).

1.
The tariff quotas may be managed in accordance with
the method based on taking account of traditional trade
flows ((cid:147)traditionals/newcomers(cid:148)) and/or other methods.

C 177 E/30

EN

Official Journal of the European Communities

27.6.2000

The method adopted shall take account as appropriate
2.
of the need to maintain the equilibrium of supply to the
Community market.

2. The seventh indent of Article 29 is

replaced by the

following:

Article 20

(cid:145)(cid:151) quantities of Community and ACP bananas and bananas
from third countries other than ACP countries marketed
in their territory(cid:146).

The Commission shall adopt provisions to implement this
Title under the procedure set out in Article 27. Their scope
shall include:

3. Article 32 is deleted.

4. The Annex is deleted.

(a) rules on the management of the tariff quotas referred to

in Article 18;

(b) where required, guarantee of the nature and origin of

the products;

(c) measures needed to ensure respect

stemming
concluded
from agreements
Community under Article 300 of the Treaty.(cid:146)

for obligations
the
by

Article 2

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

It shall apply from 1 April 2000.

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