Council Regulation (EC) No 2587/2001 of 19 December 2001 amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas
Date: 2001-12-19
Institutions: Council of the European Union
Subjects: aid system, common organisation of markets, tariff quota, tropical fruit

29.12.2001

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Official Journal of the European Communities

L 345/13

COUNCIL REGULATION (EC) No 2587/2001

of 19 December 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:

(1)

(2)

(3)

(4)

to the tariff and statistical
Following amendments
nomenclature 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 to 20 of Regula-
tion (EEC) No 404/93 (4) apply should be corrected.

Provision should be made for the possibility for Member
States not to grant, during a limited period, compens-
atory aid for produce obtained from new banana planta-
tions in order to continue the sustainable development
of the production areas; this possibility must also be
subject to authorisation by the Commission.

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

Article 18 of Regulation (EEC) No 404/93 opened an
autonomous tariff quota C 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 Organ-
isation and the additional B 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 coun-
tries.

(5)

(6)

In view of amendments made to agricultural legislation
and in line with the part-financing of aid to producer
organisations 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 veget-
ables (5), 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 organ-
isations that are to be established until 31 December
2006. Since the regions 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 Objec-
tive 1 regions.

The provisions of Regulation (EEC) No 404/93 relating
to the committee procedure should be amended. The
measures necessary for the implementation of Regula-
tion (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 imple-
menting powers conferred on the Commission (6),

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 1 shall be replaced by the following:

‘Article 1

(1) OJ C 304 E, 30.10.2001, p. 331.
(2) Opinion delivered on 12 December 2001 (not yet published in the

Official Journal).

(3) Opinion delivered on 28 November 2001 (not yet published in the

Official Journal).

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

A common organisation of the market in bananas is

1.
hereby established.

(5) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Regula-

tion (EC) No 911/2001 (OJ L 129, 11.5.2001, p. 3).

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

(6) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

29.12.2001

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 95 90

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

Jams, jellies, marmalades, purées and pastes of bananas

Mixtures containing bananas otherwise prepared or preserved

Bananas otherwise prepared or preserved

Banana juice

ex 2007 99 39
ex 2007 99 58
ex 2007 99 98

ex 2008 92 59
ex 2008 92 78
ex 2008 92 93
ex 2008 92 98

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

3.

The marketing year shall run from 1 January to 31 December.’

2. In Article 12, the following paragraph shall be added:

4. Article 18 shall be replaced by the following:

A Member State may be authorised to introduce a
‘9.
temporary measure whereby no compensatory aid is paid
for marketed produce of new banana plantations planted on
or after 1 June 2002, when, in the Member State's view,
there is a risk to the sustainable development of the produc-
tion areas, with particular reference to conservation of the
environment, and protection of the soil and the character-
istic features of the countryside.

At the request of the Member State concerned, the Commis-
sion shall grant
the authorisation provided for in the
preceding paragraph in accordance with the procedure laid
down in Article 27.’

‘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”;

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

called “quota B”;

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

weight, called “quota C”.

3. In Article 16, paragraph 1 shall be replaced by the

following:

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

fresh products

‘1.
This Article and Articles 17 to 20 shall apply to
falling within CN code
imports of
0803 00 19 until the entry into force, no later than 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 (GATT).’

Quota C shall be open for imports of products originating
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 quotas A and B
among supplier countries.

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Imports under quotas A and B and imports of
2.
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.

A tariff preference of EUR 300 per tonne shall apply

4.
to imports originating in ACP countries.

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

Quota B may be

6.
increased if demand in the
Community increases as indicated by a balance sheet of
production, consumption,

imports and exports.

Expenditure relating to the aid granted by the Member
2.
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.

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

The measures provided for in Article 10 shall be

3.
part-financed by the Guidance Section of the EAGGF.

4.
Detailed rules for the application of this Article, and in
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.

The balance sheet shall be adopted and the tariff quota
increased under the procedure set out in Article 27.

(*) OJ L 160, 26.6.1999, p. 103.’

6. Article 26 shall be deleted.

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

circumstances

production

affecting

In such cases quota B may be adjusted on the basis of the
balance sheet referred to in paragraph 6. The specific meas-
ures 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.’

5. Article 25 shall be replaced by the following:

‘Article 25

7. Article 27 shall be replaced by the following:

‘Article 27

The Commission shall be assisted by a Management
1.
Committee for Bananas (hereinafter referred to as “the
Committee”).

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

The period laid down in Article 4(3) of Decision 1999/
468/EC shall be set at one month.

3.

The Committee shall adopt its rules of procedure.’

Article 2

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. (*)

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

Point 4 of Article 1 shall apply from 1 January 2002.

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

Done at Brussels, 19 December 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK