Commission Regulation (EC) No 2598/2000 of 28 November 2000 determining the quantities for 2001 for which the annual allocations for newcomer operators are granted under the import tariff quotas and under the quantity of traditional ACP bananas
Date: 2000-11-28
Institutions: European Commission
Subjects: ACP countries, aid system, import policy, quantitative restriction, tariff quota, tropical fruit

L 300/6

EN

Official Journal of the European Communities

29.11.2000

COMMISSION REGULATION (EC) No 2598/2000

of 28 November 2000

determining the quantities for 2001 for which the annual allocations for newcomer operators are
granted under the import tariff quotas and under the quantity of traditional ACP bananas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 last amended by
Regulation (EC) No 1632/2000 (4), and in particular Article
9(3) thereof,

Whereas:

(1)

(2)

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 on the basis of the individual applications ranked in
ascending order of quantities applied for, the Commis-
sion is to determine the quantities for which the annual
allocations are to be granted.

the notifications received from the
In the light of
Member States pursuant to Article 2(4) of Commission
Regulation (EC) No 2374/2000 of 26 October 2000 on
imports of bananas under the tariff quotas and of tradi-
tional ACP bananas for 2001 (5), the Commission needs
to adopt the measures laid down herein, to serve as a
basis for the competent national authorities to determine
the individual allocations for the operators concerned
and to notify the latter accordingly.

However, the amendments to the Community banana
import arrangements introduced by Regulation (EC) No
the provisions defining
2362/98, and in particular
newcomer operators, require the competent national
authorities in cooperation with the Commission to
conduct checks and verifications, which may not be
completed before the beginning of 2001. The findings
may result in further amendments to this Regulation and
to adjustments
the
newcomer operators. Accordingly,
the annual alloca-
tions determined by the national authorities pursuant to
Regulation (EC) No 2374/2000 do not constitute vested
rights, nor can they be invoked by operators as consti-
tuting grounds for legitimate expectations.

to the annual allocations

for

(4)

The measures provided for in this Regulation must enter
into force immediately in view of the time limits laid
down in Regulation (EC) No 2374/2000,

HAS ADOPTED THIS REGULATION:

Article 1

Under the tariff quotas and the quantity of traditional ACP
bananas provided for in Articles 18 and 19 of Regulation (EEC)
No 404/93, the competent national authorities shall determine
the annual allocations for newcomer operators as referred to in
Articles 7 et seq. of Regulation (EC) No 2362/98 for 2001 in
accordance with the Annex hereto.

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, 28 November 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 187, 26.7.2000, p. 27.
(5) OJ L 275, 27.10.2000, p. 5.

29.11.2000

EN

Official Journal of the European Communities

L 300/7

ANNEX

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

I

II

Applications for allocations (ranked in ascending order of
quantities shown)

Method for determining the allocation

1. Applications for less than 197,533 tonnes

— Allocation granted for the quantity applied for

2. Applications for 197,533 tonnes or more

— Allocation granted for 197,533 tonnes