Commission Regulation (EC) No 353/2002 of 25 February 2002 fixing certain indicative quantities and individual ceilings for the issuing of licences for importing bananas into the Community under the tariff quotas for the second quarter of 2002
Date: 2002-02-25
Institutions: European Commission
Subjects: import, import licence, quantitative restriction, tariff quota, tropical fruit

26.2.2002

EN

Official Journal of the European Communities

L 55/25

COMMISSION REGULATION (EC) No 353/2002

of 25 February 2002

fixing certain indicative quantities and individual ceilings for the issuing of licences for importing
bananas into the Community under the tariff quotas for the second quarter of 2002

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,

Whereas:

(1)

(2)

(3)

(4)

for

Article 14(1) of 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
into the
Community (3), as last amended by Regulation (EC) No
349/2002 (4), provides for the possibility of fixing an
indicative quantity, expressed as the same percentage of
quantities available under each of the tariff quotas, for
the purposes of issuing import licences for the first three
quarters of the year.

importing bananas

The data relating, on the one hand, to the quantities of
bananas marketed in the Community in 2001, and in
particular actual imports, especially during the second
quarter, and, on the other hand, to the outlook for
supply and consumption on the Community market in
the same quarter of 2002 call for the fixing of indicative
quantities for quotas A, B and C that ensure satisfactory
supply to the Community as a whole and continuity of
trade flows between the production and marketing
sectors.

On the basis of the same data, the ceiling on the quant-
ities for which individual operators can submit licence
applications in respect of the second quarter of 2002
should be fixed for the purposes of Article 14(2) of
Regulation (EC) No 896/2001.

The quantities fixed must also take account of the tariff
quota quantities provided for in Article 18 of Regulation
(EEC) No 404/93, as amended by Regulation (EC) No
2587/2001, and of
tariff quota C
between traditional and non-traditional operators as
determined by Article 2(2) of Regulation (EC) No 896/
2001, as amended by Regulation (EC) No 349/2002.

the allocation of

(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) Within tariff quota C, the indicative quantity and the
maximum per operator should be fixed at a satisfactory
level that enables operators to adapt to the reduced
quantity of the tariff quota and to the new allocation
among the categories of operators and to take account
of the amounts fixed as a precaution for the first quarter
in Commission Regulation (EC) No 2294/2001 (5). In
order to prevent disturbance of import flows, provision
should be made, at the specific request of the operator,
for licences to be issued forthwith on submission of the
application.

(6)

(7)

Since this Regulation must apply before the beginning of
the period for the submission of licence applications in
respect of the second quarter of 2002, it should enter
into force immediately.

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

The indicative quantity provided for in Article 14(1) of Regula-
tion (EC) No 896/2001 for banana imports under the tariff
quotas provided for in Article 18 of Regulation (EEC) No
404/93 shall be equal to the following for the second quarter
of 2002:

— 29 % of the quantities available for traditional and non-

traditional operators under tariff quotas A and B,

— 28 % of the quantities available for traditional operators

under tariff quota C,

— 41 % of the quantities available for non-traditional opera-

tors under tariff quota C.

Article 2

The quantity referred to in Article 14(2) of Regulation (EC) No
896/2001 that may be authorised for banana imports under
the tariff quotas provided for in Article 18 of Regulation (EEC)
No 404/93 shall be equal to the following for the second
quarter of 2002:

— 29 % of

the reference quantity established pursuant

to
Articles 4 and 5 of Regulation (EC) No 896/2001 for
traditional operators under tariff quotas A and B,

(5) OJ L 308, 27.11.2001, p. 5.

L 55/26

EN

Official Journal of the European Communities

26.2.2002

— 29 % of the quantity determined and notified pursuant to
Article 9(3) of Regulation (EC) No 896/2001 for non-tradi-
tional operators under tariff quotas A and B,

traditional operators C shall be issued forthwith with import
licences for quantities not exceeding the limits fixed in Article
2 of this Regulation.

— 28 % of

the reference quantity established pursuant

to
Articles 4 and 5 of Regulation (EC) No 896/2001 for
traditional operators under tariff quota C,

— 41 % of the quantity determined and notified pursuant to
Article 9(3) of Regulation (EC) No 896/2001 for non-tradi-
tional operators under tariff quota C.

Article 3
On presentation of a request to the competent national author-
ities bearing a specific reference to this Article and notwith-
standing Article 18(1) of Regulation (EC) No 896/2001, non-

The term of validity of such licences shall be determined in
accordance with Article 18(2) of Regulation (EC) No 896/2001.

The licences issued accordingly and used in March shall be
attributed to the second quarter of 2002.

Article 4

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