Commission Regulation (EC) No 2351/2001 of 30 November 2001 amending Regulation (EC) No 896/2001 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community
Date: 2001-11-30
Institutions: European Commission
Subjects: import, import licence, tropical fruit

L 315/46

EN

Official Journal of the European Communities

1.12.2001

COMMISSION REGULATION (EC) No 2351/2001

of 30 November 2001

amending Regulation (EC) No 896/2001 laying down detailed rules for applying Council Regulation
(EEC) No 404/93 as regards the arrangements for importing bananas into the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 (EEC) No 216/
2001 (2), and in particular Article 20 thereof,

Whereas:

(1)

(2)

(3)

as
Commission Regulation (EC) No 896/2001 (3),
amended by Regulation (EC) No 1613/2001 (4),
lays
down detailed rules for applying Regulation (EEC) No
404/93, applicable from 1 July 2001, as regards the
management of the import tariff quotas provided for in
Article 18(1) of that Regulation.

Article 4(1) of Regulation (EC) No 896/2001 relating to
the method of establishing the reference quantity for
includes
traditional operators under tariff quota A/B,
references to provisions of Regulation (EEC) No 404/93
in its original version applicable from 1 July 1993 to 31
December 1998. To make it easier to understand those
references to legislation which has meanwhile been
amended, and in compliance with requests for clarifica-
tion, how that provision is to be applied should be set
out
this clarification of
Article 4(1) does not change the method of establishing
the reference quantity for traditional operators under
tariff quota A/B.

in greater detail. However,

Article 7(2) of Regulation (EC) No 896/2001 lays down
which supporting documents non-traditional operators
must send to the competent authority for the purposes
registration. The provision relating to proof of
of
importation should be adapted technically by deleting
the reference to the production of relevant customs
documents, since importation is in any case subject to
presentation of an import licence.

(4)

The English version of certain provisions of the afore-
mentioned Regulation should also be corrected.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 896/2001 is amended as follows:
1. In Article 4(1), the following second subparagraph is added:
‘For the purposes of applying the preceding subparagraph,
take account only of
the competent authorities
primary imports carried out in the reference period, on the
basis of the reference quantities generated by the marketing
of
and/or non-traditional ACP
bananas.’

third-country bananas

shall

2. Article 7(2)(b) is replaced by the following:

‘(b) evidence of having imported bananas, by presenting the

import licences used; together with’.

Article 2

1.

Article 6(a) is replaced by the following:

‘(a) have been engaged independently and on their own
account in the commercial activity of importing into
the Community fresh bananas falling within CN code
0803 00 19 in one of
the two years immediately
preceding the year in respect of which registration is
sought;’.

2.

Article 18(2) is replaced by the following:

‘2.
Notwithstanding Article 23(1) of Regulation (EC) No
1291/2000, the term of validity of import licences shall
run from the date on which they are actually issued and
shall expire on the seventh day of
the fourth month
following the month in which they are issued. The date of
actual issue shall be included in the term of validity of a
licence.’

Article 3

into force on the third day
This Regulation shall enter
following its publication 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, 30 November 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 47, 25.2.1993, p. 1.
(2) OJ L 31, 2.2.2001, p. 2.
(3) OJ L 126, 8.5.2001, p. 6.
(4) OJ L 214, 8.8.2001, p. 19.