Commission Regulation (EC) No 838/2004 of 28 April 2004 on transitional measures for imports of bananas into the Community by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-04-28
Institutions: European Commission
Subjects: import policy, tropical fruit

L 127/52

EN

Official Journal of the European Union

29.4.2004

COMMISSION REGULATION (EC) No 838/2004

of 28 April 2004

on transitional measures for imports of bananas into the Community by reason of the accession of
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty of Accession of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first paragraph of
Article 41 and Article 57 thereof,

Having regard to Council Regulation (EEC) No 404/93 of 13
February 1993 on the common organisation of the market in
bananas (1),

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 896/2001 (2) lays down
detailed rules for applying Council Regulation (EEC) No
404/93 as
importing
bananas into the Community.

the arrangements

regards

for

Commission Regulation (EC) No 414/2004 adopting
specific measures with a view to adapting the arrange-
ments for administering tariff quotas on banana imports
as a result of the accession of new Member States on 1
May 2004 (3) adopted the first measures with a view to
the accession of the ten new Member States to the Com-
munity. The purpose of those measures is to identify the
operators established in the Community as constituted
on 30 April 2004 who have supplied the markets of the
new Member States and who meet the conditions laid
down in Articles 3 and 4 of Regulation (EC) No 896/
2001, in the case of traditional operators, and Articles 6
to 12 of that Regulation, in the case of non-traditional
operators. At the same time, the new Member States
have adopted similar provisions in accordance with their
national procedures.

The necessary transitional measures should be adopted
in order to facilitate the transition from the arrange-
ments in force in the new Member States prior to acces-
sion to the import arrangements in force under the
common organisation of
the markets in the banana
sector.

In order to ensure market supply, in particular in the
new Member States, an additional quantity should be
fixed over and above the quotas opened for imports of

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

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

(3) OJ L 68, 6.3.2004, p. 6. Regulation amended by Regulation (EC) No

689/2004 (OJ L 106, 15.4.2004, p. 17).

(5)

(6)

(7)

products originating in all
third countries by Article
18(1) of Regulation (EEC) No 404/93 on the same terms
as regards tariffs. Such fixing must be transitional and
may not prejudge the outcome of the negotiations under
way in the context of the World Trade Organisation
(WTO) as a result of the accession of new members. In
addition,
it should not preclude the possibility of an
increase if need be to meet requirements justified by
demand.

This additional quantity must be managed using the
mechanisms and instruments put in place by Regulation
(EC) No 896/2001 to manage the existing tariff quotas.
However, because these arrangements are transitional,
this additional quantity must be managed separately
from the tariff quotas.

Under the mechanisms introduced by Regulation (EC)
No 896/2001, the additional quantity must be distrib-
uted between the two categories of operators defined in
Article 2 of that Regulation and rules must be adopted
for determining a specific reference quantity for each
traditional operator and a specific allocation for each
non-traditional operator. It should be specified that the
distribution referred to above and the determination of
the reference quantities and allocations concern opera-
tors who have supplied the markets of the new Member
States during the years prior to accession.

In view of
the difficulties encountered in applying
Article 6(2) of Regulation (EC) No 414/2004, in particu-
lar certifying that bananas which were the subject of
primary imports during the 2000-02 reference period
were actually released for free circulation in the new
Member States, and the amendment of that provision by
Regulation (EC) No 689/2004 (4), a provisional reference
quantity or allocation, as the case may be, should be
fixed for each operator so that they may be issued with
import licences for a first instalment at the beginning of
May 2004. The purpose of this provisional fixing is to
allow the competent national authorities to make checks
and verify the supporting documents submitted by
operators, to correct declarations made under Articles 4
and 5 of Regulation (EC) No 414/2004 and to rectify,
where necessary, the notifications referred to in Article
7(3) of that Regulation in good time before the next
instalment of the additional quantity is opened.

(4) OJ L 106, 15.4.2004, p. 17.

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(8) With a view to managing this available quantity, adjust-
ment coefficients to be applied to the quantities notified
by the Member States should be fixed.

(f) ‘Competent authorities’ means the competent authorities
listed in the Annex to Regulation (EC) No 896/2001, as
amended by this Regulation.

(9)

(10)

(11)

(12)

(13)

In order to ensure satisfactory market supply, and in par-
ticular to ensure a continual flow of imports into the
new Member States, the transitional measures should
include the issue of licences with a view to release for
free circulation in a new Member State. Accordingly,
securities lodged should be released in proportion to the
quantities released for free circulation in a new Member
State.

To the same end, an initial period should be opened for
the
the submission of
beginning of May 2004 in advance of the submission
period for the third quarter.

licence applications at

import

to ensure that

the additional quantity is
In order
managed separately and the use of import licences moni-
tored as required by the rules, the specific entries to be
made on licences should be stipulated. In addition, the
provisions applicable to reallocation licences and to the
should be
licences between operators
transfer of
adapted.

The Annex to Regulation (EC) No 896/2001 should be
adapted to include the competent authorities of the new
Member States responsible for managing the scheme.

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

HAS ADOPTED THIS REGULATION:

Article 2

Purpose

This Regulation introduces the transitional measures needed to
facilitate the transition from the arrangements in force in the
new Member States prior to their accession to the Community
of fifteen to the tariff quota import arrangements introduced by
Regulations (EEC) No 404/93 and (EC) No 896/2001.

Regulation (EC) No 896/2001 shall apply subject to this Regu-
lation.

Article 3

Additional quantity

1.
A quantity of 300 000 tonnes, net weight, shall be avail-
able for imports of bananas into the new Member States for
the period from 1 May 2004 to 31 December 2004.

This quantity shall be available for imports of products from
the origins referred to in Article 18(1) of Regulation (EEC) No
404/93.

Imports covered by that quantity shall be subject to the duties
fixed in Article 18(2) of the above Regulation.

The quantity fixed in paragraph 1 may be increased if a

2.
growth in demand is observed in the new Member States.

Article 1

Definitions

Article 4

Access to the additional quantity

For the purposes of this Regulation:

(a) ‘Community of fifteen’ means the Community as consti-

tuted on 30 April 2004;

(b) ‘New Member States’ means the Czech Republic, Estonia,
Cyprus, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia
and Slovakia;

(c) ‘The enlarged Community’ means the Community as consti-

tuted on 1 May 2004;

(d) ‘primary import’ means the economic operation defined in
the first subparagraph of Article 3(1) of Regulation (EC) No
896/2001 with a view to sale in one or more new Member
States;

1.
Access to the additional quantity fixed in Article 3 shall
be open to traditional operators and non-traditional operators
established in the enlarged Community who meet the require-
ments of Article 3 or Article 4 of Regulation (EC) No 414/
2004, as the case may be.

2.
249 000 tonnes of the quantity shall be available to tradi-
tional operators and 51 000 tonnes to non-traditional opera-
tors.

Article 5

Quantity available for the issue of licences in May 2004

(e) ‘minimum quantity’ means the minimum quantity defined
in the third subparagraph of Article 3(1) of Regulation (EC)
No 896/2001 established on the basis of all primary
imports carried out with a view to supplying the markets
of the new Member States;

A quantity of 87 000 tonnes shall be available for the issue of
licences in May 2004 with a view to the importation of
bananas into the new Member States. 72 210 tonnes of that
quantity shall be available to traditional operators and 14 790
tonnes to non-traditional operators.

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Article 6

Provisional

specific reference quantity for
operators

traditional

1.
The competent authority of the Member State of registra-
tion shall give each traditional operator who carried out the
minimum quantity of primary imports of bananas with a view
to their sale in one or more of the new Member States during
either 2000, 2001 or 2002 a provisional specific reference
quantity based on the average of primary imports which that
operator carried out during the above period, with a view to
issuing licences in May 2004.

This provisional specific reference quantity shall be obtained by
multiplying the average of primary imports referred to in the
previous subparagraph by a coefficient of 0,1875.

2.
In the light of the Member States' notifications and the
available quantity fixed in Article 5, the Commission shall, if
necessary, set an adjustment coefficient to be applied to the
specific reference quantity of each traditional
provisional
operator.

3.
The competent authorities shall inform each operator of
its provisional specific reference quantity, as adjusted where
necessary by the adjustment coefficient referred to in paragraph
2, no later than 4 May 2004.

Article 7

Provisional specific allocation to non-traditional operators

1.
The competent authorities shall establish a provisional
specific allocation for each non-traditional operator registered
with them by multiplying the quantity in each operator's appli-
cation by a coefficient of 0,29 with a view to issuing licences
in May 2004.

2.
In the light of the Member States' notifications and the
available quantity fixed in Article 5, the Commission shall, if
necessary, set an adjustment coefficient to be applied to the
application for a provisional specific allocation made by each
non-traditional operator.

The competent authorities shall

3.
inform each non-tradi-
tional operator of its provisional allocation no later than 4 May
2004.

Article 8

Submission of licence applications and issue of licences in
May 2004

1.
Operators shall submit their import licence applications
to the competent authorities of the Member State in which
they are registered.

Import

licences, hereinafter

‘accession
2.
licences’, shall be issued only for the release for free circulation
in a new Member State.

referred to as

Licence applications

‘accession
3.
licence’,
‘traditional operator’ or ‘non-traditional operator’, as
the case may be, and ‘Regulation (EC) No 838/2004. Licence
only valid in a new Member State’.

the words:

shall bear

These entries shall be entered in Box 20 of the licence.

Licence applications shall be submitted for the first time

4.
on 4, 5 and 6 May.

To be accepted, the licence applications submitted by a single
operator may not total a quantity greater than:

(a) the provisional reference quantity notified in accordance

with Article 6(3), in the case of traditional operators;

(b) the provisional allocation notified in accordance with

Article 7(3), in the case of non-traditional operators.

The competent national authorities shall issue import licences
by 7 May 2004 at the latest.

Import licences issued under this Article shall be valid

5.
from the day of issue and shall expire on 7 August 2004.

Article 9

Release of securities

Securities against the import licences of traditional opera-
1.
tors as provided for in Article 24 of Regulation (EC) No 896/
2001 shall be released in proportion to the quantities released
for free circulation in a new Member State.

Securities against the allocations of non-traditional opera-
2.
tors as provided for in Article 8(2) of Regulation (EC) No 896/
2001 shall be released in proportion to the quantities actually
released for free circulation in a new Member State on the
terms laid down in that Article.

Article 10

Reallocation licences

As an exception to Article 19 of Regulation (EC) No 896/2001:

1. Unused quantities covered by an accession licence may be
reallocated to the same operator — whether holder or trans-
feree — upon application, for use in a subsequent period.
Such reallocation shall apply to bananas imported under the
additional quantity.

2. Reallocation licence applications shall bear the following
words in Box 20: ‘Reallocation licence’, ‘traditional operator’
or ‘non-traditional operator’, as the case may be, and ‘Article
10 of Regulation (EC) No 838/2004. The licence is only
valid in a new Member State’.

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Article 11

Transfer of accession licences

Rights arising under accession licences covered by the addi-
tional quantity shall be transferable to a single transferee
operator.

Rights may be transferred only:

— between traditional operators as referred to in Article 5,

— from a traditional operator as referred to in Article 5 to a

non-traditional operator as referred to in Article 6, or

— between non-traditional operators as referred to in Article

6.

Article 12

Adjustment of the Annex to Council Regulation (EC) No
896/2001

The Annex to this Regulation supplements the Annex to Regu-
lation (EC) No 896/2001.

Article 13

Entry into force

This Regulation shall enter into force subject to and on the
date of the entry into force of the Treaty of Accession of the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia.

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

Done at Brussels, 28 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

Competent authorities of the new Member States

— CZECH REPUBLIC

State Agriculture Intervention Fund
Ve Smecˇkách 33
CZ-11000 Praha 1

— ESTONIA

Estonian Agricultural Registers and Information Board
Trade measures Unit
Narva road, 3
EE-51009 Tartu

— CYPRUS

Ministry of Commerce, Industry and Tourism
Import & Export Licensing Unit
CY-1421 Cyprus

— LATVIA

Ministry of Agriculture
Rural Support Service
Trade Mechanisms
Department/Licence Division
Republikas laukums, 2
LV-1981 Riga

— LITHUANIA

National Paying Agency
Foreign Trade Department
Gedimino av. 19
LT–01103 Vilnius-25

— HUNGARY

Ministry of Economy and Transport
Licensing and Administration Office
Margit krt. 85
HU-1024 Budapest

— MALTA

Ministry of Rural Affairs and the Environment
Agricultural Services & Rural Development Division
Ngiered road
MT-CMR02 Marsa

— POLAND

Agricultural Market Agency
Foreign Trade Regulation Department
6/12 Nowy Swiat Str.
PL–00-400 Warsaw

— SLOVENIA

Agency for Agricultural markets and rural development
External Trade Department
Dunajska Cesta 160
SI-1000 Ljubljana

— SLOVAKIA

Agricultural Paying Agency
Dobrovicova 12
SK–81526 Bratislava