Commission Regulation (EC) No 354/2002 of 25 February 2002 amending Regulation (EC) No 2228/2001 fixing, for 2002, the reduction percentages to be applied to applications for an allocation by non-traditional operators under the tariff quotas for imports of bananas
Date: 2002-02-25
Institutions: European Commission
Subjects: import, tariff quota, tariff reduction, tropical fruit

26.2.2002

EN

Official Journal of the European Communities

L 55/27

COMMISSION REGULATION (EC) No 354/2002

of 25 February 2002

amending Regulation (EC) No 2228/2001 fixing, for 2002, the reduction percentages to be applied
to applications for an allocation by non-traditional operators under the tariff quotas for imports of
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 2587/
2001 (2), and in particular Article 20 thereof,

Having regard to Commission Regulation (EC) No 896/2001 of
7 May 2001 laying down detailed rules for applying Council
Regulation (EEC) No 404/93 as regards the arrangements for
importing bananas into the Community (3), as last amended by
Regulation (EC) No 349/2002 (4), and in particular Article 9(2)
thereof,

Whereas:

(1)

(2)

Pursuant to Article 9(2) of Regulation (EC) No 896/
2001, by Regulation (EC) No 2228/2001 (5)
the
Commission fixed a reduction percentage to apply for
2002 to applications for allocations from non-tradi-
tional operators A/B and C, in the light of the Member
States' notifications of the sum of allocations applied for
by non-traditional operators A/B and C. Those provi-
sions were adopted without prejudice to any measures
that could be adopted subsequently by the Council or
the Commission and cannot be invoked by operators as
grounds for legitimate expectations.

Following the changes in tariff quotas B and C pursuant
to Regulation (EC) No 2587/2001 and in the allocation
of tariff quota C among traditional and non-traditional
operators pursuant to Regulation (EC) No 349/2002, the
allocations
percentage
reduction to apply to the
tariff
requested by non-traditional operators under
quotas A/B and C should be adjusted.

(3)

(4)

(5)

Regulation (EC) No 2228/2001 should be amended
accordingly.

This Regulation must enter
into force immediately,
having regard to the time limits laid down in Regulation
(EC) No 896/2001.

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

Article 1 of Regulation (EC) No 2228/2001 is hereby replaced
by the following:

‘Article 1

For the tariff quotas A/B and C provided for in Article 18
of Regulation (EEC) No 404/93, pursuant to Article 9(2) of
Regulation (EC) No 896/2001, the allocation to be granted
to each non-traditional operator shall be the following
percentage of the allocation applied for:

— for each non-traditional operator A/B:
— for each non-traditional operator C:

3,96028 %,
21,20740 %.

By 28 February 2002 at the latest the competent authori-
shall notify the operators
ties of
concerned of the quantities allocated to them pursuant to
this Article.’

the Member States

Article 3

This Regulation shall enter into force on 26 February 2002.

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

Done at Brussels, 25 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 47, 25.2.1993, p. 1.
(2) OJ L 345, 29.12.2001, p. 13.
(3) OJ L 126, 8.5.2001, p. 6.
(4) See page 17 of this Official Journal.
(5) OJ L 301, 17.11.2001, p. 10.