Commission Regulation (EC) No 2036/2003 of 19 November 2003 derogating from Regulation (EC) No 896/2001 as regards the fixing of adjustment coefficients to be applied to the reference quantity for each traditional operator under the tariff quotas for banana imports for 2004
Date: 2003-11-19
Institutions: European Commission
Subjects: import, tariff quota, tropical fruit

20.11.2003

EN

Official Journal of the European Union

L 302/7

COMMISSION REGULATION (EC) No 2036/2003

of 19 November 2003

derogating from Regulation (EC) No 896/2001 as regards the fixing of adjustment coefficients to
be applied to the reference quantity for each traditional operator under the tariff quotas for banana
imports for 2004

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)

Article 4(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
into the
the arrangements
Community (3), as last amended by Regulation (EC) No
1439/2003 (4), lays down the method for calculating the
reference quantity for traditional operators A/B and C
for 2004 and 2005 on the basis of the use of import
licences for those operators during a reference year.

importing bananas

for

from the Member States
According to the reports
pursuant to Article 5(2) of Regulation (EC) No 896/
2001, the sum of the reference quantities thus deter-
mined for 2004 is 2 197 147,342 tonnes for all tradi-
tional operators A/B and 630 713,105 tonnes for all
traditional operators C. As these amounts are below the
quantities available under the tariff quotas, applying
Article 5(3) of the said Regulation would entail the fixing
of an adjustment coefficient which would increase the
reference quantities for traditional operators.

Traditional operators could be allocated an exceptionally
small quantity owing to the extreme hardship affecting
their activity during the reference year. In accordance
with Article 5(5) of Regulation (EC) No 896/2001, the
Commission may take appropriate measures which are
justified for tackling specific situations within the limits
of tariff quotas A/B and C. Furthermore, the notification

(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) OJ L 204, 13.8.2003, p. 30.

by certain Member States of the sum of the reference
quantities established for traditional operators in accor-
dance with Article 4(1) of Regulation (EC) No 896/2001
could be adjusted on completion of the legal proceedings
now in hand.

(4)

(5)

(6)

(7)

Until those situations have progressed, and in order to
enable, as appropriate,
the necessary measures to be
taken regarding the operators concerned, it is advisable,
for the time being, not to fix adjustment coefficients to
be applied, for 2004, to the reference quantity for each
traditional operator.

A derogation from Regulation (EC) No 896/2001 should
therefore be made.

In order that operators have sufficient time to submit
licence applications for the first quarter of 2004, this
Regulation should enter into force forthwith.

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

By derogation from Article 5(3) of Regulation (EC) No 896/
2001, adjustment coefficients to be applied to the reference
quantity for traditional operators for tariff quotas A/B and C
for 2004 shall not be fixed for the time being.

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

L 302/8

EN

Official Journal of the European Union

20.11.2003

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

Done at Brussels, 19 November 2003.

For the Commission

Franz FISCHLER

Member of the Commission