Proposal for a Council Regulation amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas
Date: 2001-08-21
Institutions: European Commission
Subjects: common organisation of markets, tariff quota, tropical fruit

30.10.2001

EN

Official Journal of the European Communities

C 304 E/331

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

(2001/C 304 E/23)

COM(2001) 477 final (cid:151) 2001/0187(CNS)

(Submitted by the Commission on 21 August 2001)

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

Whereas:

last amended by Regulation (EC) No 2699/2000 (3),
it
should be laid down that the Community aid to producer
organisations provided for in Article 6 of Regulation (EEC)
No 404/93 will be financed from the EAGGF Guarantee
Section, for all producer organisations that are to be estab-
regions
lished until 31 December 2006. Since
concerned are covered by Objective 1, the same rate of
Community contribution should be fixed for this aid as
for the aid provided for in Article 14(2) of Regulation
(EC) No 2200/96 for Objective 1 regions.

the

committee procedure

(5) The provisions of Regulation (EEC) No 404/93 relating to
the
amended. The
measures necessary for the implementation of Regulation
(EEC) No 404/93 should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of
implementing
powers conferred on the Commission (4),

should be

(1) Following amendments to the tariff and statistical nomen-
clature and the common customs tariff, the CN codes for
products covered by the common organisation of
the
market in bananas should be updated and the CN codes
for products to which Articles 17, 18, 19 and 20 of Council
Regulation (EEC) No 404/93 (1) apply should be corrected.

HAS ADOPTED THIS REGULATION:

Article 1

and other

(2) There have been numerous close contacts with supplier
the
countries
disputes arising from the import regime established by
Regulation (EEC) No 404/93 and to take account of the
conclusions of
the dispute
settlement system of the World Trade Organisation (WTO).

interested parties

set up under

the panel

to settle

(3) Article 18 of Regulation (EEC) No 404/93 opened an
autonomous tariff quota (cid:145)C(cid:146) of 850 000 tonnes for all
origins, subject to a customs duty of EUR 300 per tonne
with a tariff preference of EUR 300 per tonne for imports
originating in ACP countries, in addition to the 2 200 000
tonnes bound under the World Trade Organisation and the
additional
(cid:145)B(cid:146) quota of 353 000 tonnes. The quantities
relating to the different quotas should be amended to
widen access for bananas originating in third countries
and at
the same time to ensure access for a specific
quantity of bananas originating in ACP countries.

(4) In view of amendments made to agricultural legislation and
in line with the part-financing of aid to producer organi-
sations provided for in Article 14(2) of Council Regulation
(EC) No 2200/96 of 28 October 1996 on the common
organisation of the market in fruit and vegetables (2), as

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

1. Article 1 is replaced by the following:

(cid:145)Article 1

A common organisation of the market in bananas is

1.
hereby established.

2.

The organisation shall cover the following products:

CN codes

Description

0803 00 19

Fresh bananas, excluding plantains

ex 0803 00 90

Dried bananas, excluding plantains

ex 0812 90 95

Bananas provisionally preserved

ex 0813 50 99

Mixtures containing dried bananas

1106 30 10

Flour, meal and powder of bananas

ex 2006 00 99

Bananas preserved in sugar

ex 2007 10 99

Homogenised preparations of bananas

(1) OJ L 47, 25.2.1993, p. 1. Regulation last amended by Regulation

(EC) No 216/2001 (OJ L 31, 2.2.2001, p. 2).

(2) OJ L 297, 21.11.1996, p. 1.

(3) OJ L 311, 12.12.2000, p. 9.
(4) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

30.10.2001

CN codes

Description

Jams, jellies, marmalades, purØes and pastes of
bananas

Mixtures
containing
prepared or preserved

bananas

otherwise

Bananas otherwise prepared or preserved

Banana juice

ex 2007 99 39

ex 2007 99 58

ex 2007 99 98

ex 2008 92 14

ex 2008 92 18

ex 2008 92 34

ex 2008 92 38

ex 2008 92 59

ex 2008 92 74

ex 2008 92 78

ex 2008 92 93

ex 2008 92 96

ex 2008 92 98

ex 2008 99 28

ex 2008 99 34

ex 2008 99 37

ex 2008 99 40

ex 2008 99 49

ex 2008 99 68

ex 2008 99 99

ex 2009 80 35

ex 2009 80 38

ex 2009 80 79

ex 2009 80 86

ex 2009 80 89

ex 2009 80 99

ex 2009 90 21

ex 2009 90 29

ex 2009 90 51

ex 2009 90 59

ex 2009 90 94

ex 2009 90 96

ex 2009 90 98

The marketing year shall run from 1 January to

3.
31 December.(cid:146)

2. In Article 16, paragraph 1 is replaced by the following:

(cid:145)1.
to imports of

This Article and Articles 17, 18, 19 and 20 shall apply
falling within CN code

fresh products

than
0803 00 19 up to the entry into force, no later
1 January 2006, of the rate of the common customs tariff
for those products established under the procedure provided
for in Article XXVIII of the General Agreement on Tariffs
and Trade.(cid:146)

3. Article 18 is replaced by the following:

(cid:145)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);

(b) an additional tariff quota of 453 000 tonnes net weight,

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

(c) an autonomous tariff quota of 750 000 tonnes net

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

Tariff quotas A and B shall be open for imports of products
originating in all third countries.

Tariff quota C shall be open for imports of products orig-
inating in ACP countries.

The Commission may, on the basis of an agreement with
World Trade Organisation members 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.

2.
Imports under tariff quotas (cid:147)A(cid:148) and (cid:147)B(cid:148) and imports of
bananas from third countries other than the ACP countries
shall be subject to customs duty of EUR 75 per tonne.
Imports of products originating in the ACP countries shall
be subject to a zero duty.

Imports under the C quota shall be subject to a zero

3.
duty.

The customs duty rates set in this Article shall be
the rates applicable
the

5.
converted into national currency at
for
common customs tariff.

the products in question for

the purposes of

6.
The additional 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.

Banana juice in mixtures

A tariff preference of EUR 300 per tonne shall apply

4.
to imports originating in ACP countries.

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

production

affecting

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.

Detailed rules for the application of this Article, and in
4.
particular a definition of the conditions to be met before the
Community financial contribution can be paid, shall be
adopted in accordance with the procedure laid down in
Article 27.
___________
(1) OJ L 160, 26.6.1999, p. 103.(cid:146)

5. Article 26 is deleted.

6. Article 27 is replaced by the following:

Bananas re-exported from the Community shall not be

8.
counted against the corresponding tariff quotas.(cid:146)

(cid:145)Article 27

4. Article 25 is replaced by the following:

(cid:145)Article 25

1.
The measures laid down in Articles 12 and 13 shall
constitute intervention intended to stabilise the agricultural
markets within the meaning of Article 1(2)(b) of Council
Regulation (EC) No 1258/1999 of 17 May 1999 on the
financing of the common agricultural policy (1).

2.
Expenditure relating to the aid granted by the Member
States in accordance with Article 6 shall be deemed to be
intervention to stabilise agricultural markets within the
meaning of Article 1(2)(b) of Regulation (EC) No 1258/1999.

This expenditure shall be eligible in the case of all producer
organisations established until 31 December 2006.

The Commission shall be assisted by a Management
referred to as (cid:147)the

1.
Committee for Bananas (hereinafter
Committee(cid:148)).

2. Where reference is made to this Article, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be set at one month.

The Committee

4.
procedure.(cid:146)

shall

adopt

its own rules of

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 be the subject of a Community contribution of 75 %
of eligible public expenditure.

Point 3 of Article 1 shall apply from 1 January 2002.

The measures provided for in Article 10 shall be part-

3.
financed by the Guidance Section of the EAGGF.

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