Council Regulation (EC) No 216/2001 of 29 January 2001 amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas
Date: 2001-01-29
Institutions: Council of the European Union
Subjects: CCT duties, GATT, common organisation of markets, import licence, tariff quota, tropical fruit

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COUNCIL REGULATION (EC) No 216/2001

of 29 January 2001

amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas

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 (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

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, addi-
tional tariff quota of 353 000 tonnes should be 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
tariff quota of
Community,
850 000 tonnes should be opened, also for all origins.
Under this latter tariff quota, provision should be made
for the possibility,
in accordance with an appropriate
procedure, of a reduction in the applicable customs duty
in order to allow the effective importation of bananas
originating in third countries which do not benefit from
the tariff preferences granted in respect of bananas
originating in ACP countries.

autonomous

third,

a

(1)

(2)

(3)

There have been numerous close contacts with supplier
interested parties to settle the
countries and other
disputes arising from the import regime established by
Regulation (EEC) No 404/93 (4) and to take account of
the conclusions of the special group set up under the
dispute settlement system of the World Trade Organ-
isation (WTO).

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 prefer-
ential tariff to imports from ACP countries provides the
best guarantees, firstly of achieving the objectives of the
regards
common organisation of
Community
demand,
secondly of complying with the rules on international
trade, and thirdly of preventing further disputes.

the market

production

consumer

and

as

However, such a system must be introduced upon
completion of negotiations with the Community's part-
ners in accordance with WTO procedures, in particular
Article XXVIII of the General Agreement on Tariffs and
Trade (GATT). The result of these negotiations must be
submitted for approval to the Council which must also,
in accordance with the provisions of the Treaty, estab-
lish the applicable level of the Common Customs Tariffs.

(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

(1) OJ C 177 E, 27.6.2000, p. 28.
(2) Opinion delivered on 13.12.2000 (not yet published in the Official

Journal).

(5)

(6)

(7)

In view of the contractual obligations towards the ACP
countries and the need to guarantee them proper condi-
tions of competition, application to imports of bananas
originating in those countries of a tariff preference of
EUR 300 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
three tariff quotas.

in supplying the Community market

The Commission should be authorised to open nego-
tiations with supplier countries having a substantial
interest
to
endeavour to achieve a negotiated allocation of the first
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.

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 circumstances
the
Community market.

liable to affect

supply of

(3) OJ C 140, 18.5.2000, p. 6.
(4) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by Regulation

(EC) No 1257/1999 (OJ L 160, 26.6.1999, p. 80).

(8)

Accordingly, Regulation (EEC) No 404/93 should be
amended,

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HAS ADOPTED THIS REGULATION:

substantial interest in the supply of bananas, allocate tariff
quotas “A” and “B” among supplier countries.

Article 1

Imports under tariff quotas “A” and “B” shall be

2.
subject to customs duty of EUR 75 per tonne.

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

Imports under tariff quota “C” shall be subject to a

3.
customs duty of EUR 300 per tonne.

1. Articles 16 to 20 shall be replaced by the following:

‘Article 16

fresh products

This Article and Articles 17 to 20 shall apply to
1.
imports of
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 the
said paragraph 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

the
Such import
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 commit-
ment to import on the terms of this Regulation during the
force
period of
majeure the security shall be wholly or partly forfeit if the
operation is not or is only partly carried out within the time
allowed.

the licence's validity. Except

in cases of

The customs duty set out in the first subparagraph may be
reduced during the year by the Commission in so far as this
is necessary to ensure the possibility of effective importation
of bananas originating in third countries which do not
benefit from the tariff preference of paragraph 4 of this
Article.

The detailed arrangements for the application of this para-
graph shall be adopted in accordance with the procedure
laid down in Article 27.

4.
A tariff preference of EUR 300 per tonne shall apply
to imports originating in ACP countries both under and
outside the tariff quotas.

5.
The duty rates set in this Article shall be converted
into national currency at the rates applicable for the prod-
ucts in question for the purposes of the common customs
tariff.

The additional tariff quota provided for in paragraph
6.
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
exceptional
importation, the Commission shall adopt the specific meas-
ures necessary under the procedure set out in Article 27.

circumstances

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

“quota A”;

In such cases the additional tariff quota “B” 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 “quota B”;

Article 19

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

weight, called “quota C”.

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

The Commission may, on the basis of an agreement with
World Trade Organisation contracting parties with a

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

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

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Article 20

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

include:

(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 for obligations stem-
ming from agreements concluded by the Community
under Article 300 of the Treaty.’

2. The seventh indent of Article 29 shall be replaced by the

following:

‘— quantities of Community and ACP bananas and bananas
from third countries other than ACP countries marketed
in their territory.’

3. The Annex shall be deleted.

Article 2

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

It shall apply from 1 April 2001. However, the Commission
may, according to the procedure laid down in Article 27, delay
the date until 1 July 2001 at the latest, if this proves necessary
for the implementation of the modifications in the manage-
ment of the tariff quotas.

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

Done at Brussels, 29 January 2001.

For the Council

The President

M. WINBERG