Commission Regulation (EC) No 1042/2002 of 14 June 2002 amending Regulation (EC) No 919/94 laying down detailed rules for the application of Council Regulation (EEC) No 404/93 as regards banana producers' organisations
Date: 2002-06-14
Institutions: European Commission
Subjects: EU Member State, agricultural production, marketing, producer organisation, tropical fruit

15.6.2002

EN

Official Journal of the European Communities

L 157/43

COMMISSION REGULATION (EC) No 1042/2002

of 14 June 2002

amending Regulation (EC) No 919/94 laying down detailed rules for the application of Council
Regulation (EEC) No 404/93 as regards banana producers' organisations

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 9 thereof,

provision on the notification of resignations to be given
in 2002 which shall apply from the date of entry into
force of this Regulation.

(6)

(7)

Regulation (EC) No 919/94 should therefore be
amended.

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

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EC) No 919/94 (3), as amended
by Regulation (EC) No 630/1999 (4), lays down detailed
rules for the application of Regulation (EC) No 404/93
as regards banana producers' organisations. It establishes
in particular
the recognition of
producer organisations and Annex I thereto establishes
the minimum volume of marketable production of
bananas and the minimum number of producers that
the organisations must prove they have as members.

the conditions for

In order to fulfil the economic tasks assigned to the
producer organisations
regards production and
as
marketing, to increase income from marketing and to
improve the management of the sector, the creation of
larger units must be encouraged and the thresholds
relating to the number of members and marketable
volumes must be increased. To this end, the application
of the thresholds laid down for the French production
regions should be extended to the Canary Islands.
Raising the thresholds for the other production regions
in Greece and Portugal is not an option, in view of the
characteristics of the producer organisations.

To facilitate the setting up of producer organisations
adapted to the new thresholds, for 2002 the deadline by
which the members of producer organisations estab-
lished in Spain must notify any intention to resign
should be extended.

The aid provided for in Article 6 of Regulation (EEC) No
404/93 should not be granted to producer organisations
comprising the members of
former producer organ-
isations that have benefited from this aid scheme.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 919/94 is hereby amended as follows:

1. The following second subparagraph is added to Article 5(c):

‘Notwithstanding the first subparagraph,
in the case of
producer organisations established in Spain, the notification
of any intention to resign to be given in 2002 shall be given
by 15 October at the latest.’

2. Article 10 is replaced by the following:

‘Article 10

Assistance to encourage the establishment and assist the
administrative operation of producer organisations as
referred to in Article 6(1) of Regulation (EEC) No 404/93
shall not be granted to producer organisations which have
received the aid provided for in Article 10 of Regulation
(EEC) No 1360/78 or in Article 10 of Council Regulation
(EC) No 952/97 (*) and which comprise members who were
formerly members of organisations having already benefited
from that assistance.

(*) OJ L 142, 2.6.1997, p. 30.’

3. Annex I to Regulation (EC) No 919/94 is replaced by the

text in the Annex to this Regulation.

Article 2

To allow the producer organisations to adapt to the new
this Regulation should
thresholds,
apply from 1 January 2003, with the exception of the

the provisions of

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

(1) OJ L 47, 25.2.1993, p. 1.
(2) OJ L 345, 29.12.2001, p. 13.
(3) OJ L 106, 27.4.1994, p. 6.
(4) OJ L 80, 25.3.1999, p. 8.

It shall apply from 1 January 2003. However, Article 1(1)
shall apply from the date of entry into force of this Regula-
tion.

L 157/44

EN

Official Journal of the European Communities

15.6.2002

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

Done at Brussels, 14 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

‘ANNEX I

Region of production in the Community

Minimum number of members

Minimum volume of marketable
production of bananas
(in tonnes net weight)

Spain (Canary Islands)

France:

— Guadeloupe

— Martinique

Greece (Crete and Lakonia)

Portugal (Madeira, the Azores and Algarve)

100

100

100

4

5

30 000

30 000

30 000

40

10’