Notice to the operators in the banana sector
Date: 2004-02-25
Institutions: European Commission
Subjects: import, import policy, tropical fruit

25.2.2004

EN

Official Journal of the European Union

C 49/5

Notice to the operators in the banana sector

(2004/C 49/03)

and Slovakia

Subject to the entry into force of the Treaty of Accession
1.
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
of
Hungary, Malta, Poland, Slovenia
to the
European Union, Council Regulation (EEC) No 404/93 on
the common organisation of the market in bananas (1) and
Commission Regulation (EC) No 896/2001 laying down
detailed rules for the application of
the arrangements for
importing fresh bananas into the Community (2) shall apply
the Czech Republic, Estonia, Hungary, Latvia,
to Cyprus,
Lithuania, Malta, Poland, Slovakia and Slovenia as
from
1 May 2004.

2.

In the light of the above, it is appropriate to draw up:

(a) a list of operators which might qualify as traditional
operators within the meaning of Article 3(1) of Regulation
(EC) No 896/2001, having carried out primary imports of
bananas from third countries to the new Member States,
during a recent period of time (2000 to 2002) and of the
quantities of primary imports
carried out by these
operators during that period;

(b) a list of operators which might qualify as non-traditional
operators within the meaning of Article 6 of that Regu-
lation, having imported fresh bananas on their own
account to the new Member States in the year 2002 or
2003, for a customs value of EUR 1,2 million or more.

3.
The operators referred to under point 2 above, estab-
lished in the European Union as constituted on 30 April
2004, should make themselves known to the competent auth-
orities of
the Member State in which they are registered.
Operators not yet registered, should make themselves known
to the authorities of a Member State of their choice as detailed
below.

A similar procedure should be followed by the operators
concerned in the new Member States under the responsibility
of the authorities nominated by those Member States.

In view of the above, the operators concerned established
4.
in the European Union should submit preferably before
1 March 2004 to the competent authorities:

(a) an expression of interest to be recognised as traditional
operator A/B in the new Member States, and an indication
of the quantities of primary imports (net weight) carried
out in the new Member States in the years 2000 to 2002,

or

(b) an expression of interest to be recognised as non-traditional
operator, and the declared customs value of the banana
imports on their own account to the new Member States

(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).

in the year 2002 or 2003, representing EUR 1,2 million or
more.

5.
The operators who have submitted an expression of
interest pursuant to point 4 should keep at the disposal of
the Member States, with the view of the necessary checks
any documentation providing evidence that
they qualify as
traditional or non-traditional operators and the quantities
imported as such:

(a) The documents to be presented by applicants to provide
evidence that they might qualify as traditional operators
may be the following:

— purchase contract with a third country producer,

— bill of lading, shipment manifest,

— insurance policy,

— original or certified copies of sales invoices,

— invoice for payment of transport,

— invoice for payment of

insurance (including travel

insurance),

— invoice for payment of goods,

and any other appropriate additional document proving
primary imports within the meaning of Article 3(1) of
Regulation (EC) No 896/2001 carried out
to the new
Member States.

The paid invoices must be accompanied by the relevant
proofs of payment.

(b) The documents to be presented by applicants to provide
as non-traditional
they might qualify

evidence
that
operators are as follows:

— proof of entry in a commercial register of the Member
State or other alternative proof acceptable to the said
authorities; and

— evidence of having imported bananas, by presenting the
import licences used or, in cases where such a licence
was not compulsory, the relevant customs documents;
together with

— a

copy of

an attestation from an independent,
professionally registered chartered accountant certifying
imports to the value of EUR 1,2 million or more, or a
copy of
customs declarations
stamped by the customs authorities.

corresponding

the

C 49/6

EN

Official Journal of the European Union

25.2.2004

This notice is without prejudice to any measures which
6.
the
might be adopted by the Commission in view of
the tariff quota arrangements for importing
application of
bananas in the Community after
the
European Union. In particular, submission of the information
by operators in accordance with point 4 is made without
prejudice to the obligation to apply pursuant to Articles 4(1)
and 7(3) of Regulation (EC) No 896/2001 and does not imply
acceptance thereof or any recognition whatsoever of rights
under the import arrangements in question.

the enlargement of

The authorities of

7.
the Member States responsible for
compiling the list of operators and establishing the quantities
marketed are as follows:

Italy

Ministero delle Attività Produttive
DG Politica Commerciale e Gestione Regime Scambi — Div. II
Viale Boston 25
I-00144 Roma

Luxembourg

Ministère de l'Agriculture/
Administration des Services Techniques de l'Agriculture
Service de l'Horticulture
16, Route d'Esch
Boîte postale 1904
L-1014 Luxembourg

Belgium
Bureau d'Intervention et de Restitution belge/
Belgisch Interventie- en Restitutiebureau
Rue de Trèves/Trierstraat 82
B-1040 Bruxelles/Brussel

Denmark
Ministeriet for Fødevarer, Landbrug og Fiskeri
Direktoratet for Fødevare Erhverv; Eksportstøttekontoret
Kampmannsgade 3
DK-1780 København V

Germany
Bundesanstalt für Landwirtschaft und Ernährung
Referat 322
Adickesallee 40
D-60322 Frankfurt am Main

Greece
OPEKEPE (ex-GEDIDAGEP)
Directorate Fruits and Vegetables, Wine and Industrial Products
241, Acharnon Street
GR-10446 Athens

Spain
Ministerio de Economía
Secretaría General de Comercio Exterior
Paseo de la Castellana, 162
E-28046 Madrid

France
Office de Développement de l'économie agricole des
Départements d'Outre-Mer (ODEADOM)
31, Quai de Grenelle
F-75738 Paris Cedex 15

Ireland
Department of Agriculture and Rural Development
Horticulture Division
Agriculture House (7W)
Kildare Street
Dublin 2
Ireland

Netherlands

Produktschap Tuinbouw
Louis Pasteurlaan 6
Postbus 280
2700 AG Zoetermeer
Nederland

Austria

Bundesministerium für Land- und Forstwirtschaft
Umwelt und Wasserwirtschaft
Abteilung III 10 — Obst, Gemüse, Sonderkulturen
Stubenring 1
A-1012 Wien

Portugal

Ministério das Finanças
Direcção-Geral das Alfândegas e dos Impostos Especiais
sobre o Consumo
Direcção de Serviços de Licenciamento
Rua Terreiro do Trigo — Edificio da Alfândega
P-1149-060 Lisboa

Finland

Maa- ja Metsätalousministeriö
PL 30
FIN-00023 Valtioneuvosto

Sweden

Jordbruksverket
Vallgatan 8-10
S-551 82 Jönköping

United Kingdom

Rural Payments Agency
External Trade Division
Lancaster House
Hampshire Court
Newcastle Upon Tyne
NE4 7YH
United Kingdom