Commission Regulation (EC) No 440/2000 of 25 February 2000 laying down for 2000 the quantities for which the annual allocations for newcomer operators are granted under the tariff quotas and for traditional ACP bananas
Date: 2000-02-25
Institutions: European Commission
Subjects: ACP countries, import, quantitative restriction, tariff quota, tropical fruit

26. 2. 2000

EN

Official Journal of the European Communities

L 54/27

COMMISSION REGULATION (EC) No 440/2000

of 25 February 2000

laying down for 2000 the quantities for which the annual allocations for newcomer operators are
granted under the tariff quotas and for traditional ACP bananas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

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 9(3)
thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 250/2000 (5) estab-
lishes certain rules relating to imports of bananas under
the tariff quotas and of traditional ACP bananas and
fixes the indicative quantities for the second quarter of
2000.

Article 9(3) of Regulation (EC) No 2362/98 lays down
the method for calculating the annual allocation for each
newcomer operator.
In accordance with that method
and a ranking of the individual applications in increasing
order of
the Commission
calculates the quantities for which the annual allocations
shall be granted.

the quantities applied for,

The notifications received from the Member States in
accordance with Article 2(5) of Regulation (EC) No 250/
2000 have led the Commission to adopt this Regulation,
based on which the competent national authorities will

establish the individual allocations for the operators in
question and notify them accordingly.

However, the results of the verifications and checks by
the competent national authorities on the registration of
newcomer operators in cooperation with the Commis-
sion may result in an amendment of this Regulation and
the
in corrections
newcomer operators. In particular, the annual alloca-
tions calculated by the national authorities pursuant to
Regulation (EC) No 2362/98 and this Regulation cannot
constitute vested rights or be invoked by the operators
as legitimate expectations.

allocations

to the

annual

for

(5)

This Regulation must enter into force immediately, given
the time limits laid down in Regulation (EC) No 2362/
98,

HAS ADOPTED THIS REGULATION:

Article 1

The national authorities shall establish the annual allocations
for 2000 under the tariff quotas and for the traditional ACP
banana quantities referred to in Articles 18 and 19 of Regula-
tion (EC) No 404/93 for the newcomer operators referred to in
Articles 7 et seq. of Regulation (EC) No 2362/98, in accordance
with 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, 25 February 2000.

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 26, 2.2.2000, p. 6.

L 54/28

EN

Official Journal of the European Communities

26. 2. 2000

ANNEX

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

I

II

Classification of the requests for an allocation
(in ascending order of quantity):

Method for determining the allocation:

1) Requests relating to less than 214,560 tonnes

— Allocation granted for the quantity requested

2) Requests relating to 214,560 tonnes or more

— Allocation granted for 214,560 tonnes