Commission Regulation (EC) No 294/2004 of 19 February 2004 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 2004
Date: 2004-02-19
Institutions: European Commission
Subjects: import licence, tariff quota, tropical fruit

L 50/12

EN

Official Journal of the European Union

20.2.2004

COMMISSION REGULATION (EC) No 294/2004

of 19 February 2004

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 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), and in particular Article 20 thereof,

(5)

(6)

It is necessary to stipulate that this Regulation is to
apply only to the Community as constituted on 30 April
2004 in view of the fact that the accession of the new
Member States takes effect on 1 May 2004 and that
appropriate provisions will be adopted in due course to
guarantee supplies to the enlarged Community.

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

Whereas:

(1)

(2)

(3)

(4)

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 for importing bananas into the Com-
munity (2) provides for the possibility of fixing an indica-
tive quantity, expressed as the same percentage of quan-
tities available under each of the tariff quotas, for the
purposes of issuing import licences for the first three
quarters of the year.

The data relating, on the one hand, to the quantities of
bananas marketed in the Community in 2003, 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 2004, 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 quanti-
ties for which individual operators can submit licence
applications in respect of the second quarter of 2004
should be fixed for the purposes of Article 14(2) of
Regulation (EC) No 896/2001.

Since this Regulation must apply before the beginning of
the period for the submission of licence applications in
respect of the second quarter of 2004, it should enter
into force immediately.

HAS ADOPTED THIS REGULATION:

Article 1

The indicative quantity provided for in Article 14(1) of Regu-
lation (EC) No 896/2001 for banana imports under the tariff
quotas provided for in Article 18 of Regulation (EEC) No 404/
93 shall be 29 % of the quantities available for traditional and
non-traditional operators under tariff quotas A/B and C for the
second quarter of 2004.

Article 2

For the second quarter of 2004 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:

(a) 29 % of the reference quantity established pursuant to Arti-
cles 4 and 5 of Regulation (EC) No 896/2001 for tradi-
tional operators under tariff quotas A/B and C;

(b) 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/B and C.

Article 3

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

(EC) No 2587/2001 (OJ L 345, 29.12.2001, p. 13).

(2) OJ L 126, 8.5.2001, p. 6. Regulation as last amended by Regulation

(EC) No 1439/2003 (OJ L 204, 13.8.2003, p. 30).

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

20.2.2004

EN

Official Journal of the European Union

L 50/13

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

Done at Brussels, 19 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission