Commission Regulation (EC) No 395/2001 of 27 February 2001 fixing certain indicative quantities and individual ceilings for the issuing of Community import licences for bananas for the second quarter of 2001 under the tariff quotas or as part of the quantity of traditional ACP bananas
Date: 2001-02-27
Institutions: European Commission
Subjects: ACP countries, import licence, import policy, quantitative restriction, tariff quota, tropical fruit

28.2.2001

EN

Official Journal of the European Communities

L 58/11

COMMISSION REGULATION (EC) No 395/2001

of 27 February 2001

fixing certain indicative quantities and individual ceilings for the issuing of Community import
licences for bananas for the second quarter of 2001 under the tariff quotas or as part of the
quantity of 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 216/
2001 (2), and in particular Article 20 thereof,

Having regard to 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, and in partic-
ular the second paragraph of Article 2 thereof,

Whereas:

(1)

(2)

The second paragraph of Article 2 of Regulation (EC) No
216/2001 lays down that the amendment to Regulation
(EEC) No 404/93 applies from 1 April 2000. However,
the Commission may, according to the procedure laid
down in Article 27 of Regulation (EEC) No 404/93,
delay the date until 1 July 2001 at the latest,
if this
proves necessary for the implementation of modifica-
tions in the management of the tariff quotas. It is neces-
sary to apply this provision. The introduction of a new
method of management of tariff quotas and the adop-
tion of Community and national administrative meas-
ures to apply it, justify the postponement of the applica-
tion of the provisions of Regulation (EC) No 216/2000
to 1 July 2001,
the quarterly
taking into account
management method currently practised.

imports of bananas

Article 14(1) of Commission Regulation (EC) No 2362/
98 of 28 October 1998 laying down detailed rules for
the implementation of Council Regulation (EEC) No
404/93 regarding
into the
Community (3), as last amended by Regulation (EC) No
1632/2000 (4), provides for the possibility of fixing an
indicative quantity, expressed as a set percentage of the
quantities available for each origin mentioned in Annex I
to that Regulation, for the issuing of import licences for
each of the first three quarters of the year.

(3)

An analysis of
the data on quantities of bananas
marketed in the Community in 2000, and in particular
on actual imports during the second quarter of that year,

(1) OJ L 47, 25.2.1993, p. 1.
(2) OJ L 31, 2.2.2001, p. 2.
(3) OJ L 293, 31.10.1998, p. 32.
(4) OJ L 187, 26.7.2000, p. 27.

and on the outlook for supply and consumption on the
Community market during the second quarter of 2001
indicates that, with a view to satisfactory supplies for the
Community as a whole, an indicative quantity of 30 %
of the quantity allocated to it should be fixed for each
origin mentioned in Annex I to Regulation (EC) No
2362/98.

The same data indicate that the maximum quantity for
which each operator may submit licence applications for
the second quarter of 2001 should be fixed, pursuant to
Article 14(2) of Regulation (EC) No 2362/98.

In accordance with Article 1 of Commission Regulation
(EC) No 2374/2000 of 26 October 2000 on imports of
bananas under the tariff quotas and of traditional ACP
bananas for 2001 (5), the quantities for which traditional
operators registered in respect of 1999 may submit
applications for import licences for a given quarter of
2001 are to be determined on the basis of the reference
quantity fixed for 1999 by the competent national
authority and notified to them. In the case of newcomer
operators, that maximum quantity is to be determined
by applying the set percentage to the annual allocation
determined by the competent national authority in
accordance with the Annex to Regulation (EC) No 2598/
2000 (6) and notified to each operator concerned.

This Regulation must enter into force without delay, and
in any case before the start of the period for the submis-
sion of licence applications for the second quarter of
2001.

This Regulation seeks to ensure uninterrupted supplies
to the market
in the second quarter of 2001 and
continued trade with supplier countries but is without
prejudice to any measures that may subsequently be
adopted,
to comply with international
commitments entered into by the Community within
the World Trade Organisation (WTO), and cannot be
invoked by operators as grounds for legitimate expecta-
tions.

in particular

(4)

(5)

(6)

(7)

(8)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Bananas,

(5) OJ L 275, 27.10.2000, p. 5.
(6) OJ L 300, 29.11.2000, p. 6.

L 58/12

EN

Official Journal of the European Communities

28.2.2001

HAS ADOPTED THIS REGULATION:

Article 3

Article 1

Article 1 of Regulation (EC) No 216/2001 shall apply from 1
July 2001.

Article 2

For the second quarter of 2001 the indicative quantity referred
to in Article 14(1) of Regulation (EC) No 2362/98 for imports
of bananas under the tariff quotas or as part of the quantity of
traditional ACP bananas provided for in Articles 18 and 19 of
Regulation (EEC) No 404/93 shall amount to 30 % of the
quantities laid down for each origin mentioned in Annex I to
Regulation (EC) No 2362/98.

1.
For the second quarter of 2001 the quantity authorised
for each traditional operator as referred to in Article 14(2) of
Regulation (EC) No 2362/98 shall amount to 31 % of the
reference quantity determined by the competent national
authority and notified to him in respect of 1999 pursuant to
Article 6(4) of that Regulation.

2.
For the second quarter of 2001 the quantity authorised
for each newcomer operator as referred to in Article 14(2) of
Regulation (EC) No 2362/98 shall amount to 31 % of the
quantity determined and notified to him pursuant to Article
2(6) of Regulation (EC) No 2374/2000.

Article 4

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, 27 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission