Commission Regulation (EC) No 1892/2004 of 29 October 2004 on transitional measures for 2005 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: 2004-10-29
Institutions: European Commission
Subjects: accession to the European Union, import licence, import policy, tariff quota, transitional period (EU), tropical fruit

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Official Journal of the European Union

30.10.2004

COMMISSION REGULATION (EC) No 1892/2004

of 29 October 2004

on transitional measures for 2005 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,

Article 18(1) of Regulation (EEC) No 404/93 on the
for the period from 1
same terms as regards tariffs,
May to 31 December 2004.

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia,

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 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)

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

Commission Regulation (EC) No 838/2004 of 28 April
2004 (3) adopted the transitional measures needed to
facilitate the transition from the arrangements in force
in the new Member States prior to accession to the
import arrangements in force under the common orga-
nisation of the markets in the banana sector for the
period from 1 May to 31 December 2004. In order to
ensure market supply, in particular in the new Member
States, that Regulation fixed an additional quantity on a
transitional basis over and above the quotas opened for
imports of products originating in all third countries by

(1) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the 2003

Act of Accession.

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

(EC) No 838/2004 (OJ L 127, 29.4.2004, p. 52).

(3) OJ L 127, 29.4.2004, p. 52. Regulation as amended by Regulation

(EC) No 1260/2004 (OJ L 239, 9.7.2004, p. 16).

(3)

(4)

(5)

(6)

To this end, the necessary transitional measures should
also be adopted for 2005 in order to facilitate the tran-
sition towards application of the import arrangements in
force under the common organisation of the market in
the new Member States, and in preparation for the tran-
sition to a tariff-only arrangement applicable to imports,
no later than 1 January 2006, in accordance with Article
16 of Regulation (EEC) No 404/93.

in particular in the
In order to ensure market supply,
new Member States, an additional quantity should be
fixed over and above the quotas opened for imports of
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 Organi-
sation (WTO) as a result of the accession of the new
members. In addition, it should not preclude the possi-
bility 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 distributed
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 operators
who have supplied the markets of
the new Member
States during the years prior to accession.

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(7)

For the purposes of determining the reference quantities
of traditional operators, the three-year reference period
2000, 2001 and 2002 laid down in Article 6(1) of
Regulation (EC) No 838/2004 should be retained, as
should the average of primary imports carried out
during that period by each traditional operator registered
in accordance with the transitional measures adopted in
2004, following checks carried out by the competent
to be
authorities. The provisions
adopted must,
submitted by traditional
however, allow applications
operators who were not registered in 2004 to be taken
into account, provided that these applications meet the
conditions
these
operators
(EC) No
414/2004 (1) and (EC) No 838/2004,
in particular as
regards the definition of primary imports and the proof
that such operations have supplied the markets of the
new Member States during the period concerned.

laid down for
in

the registration of

Commission

Regulations

(8)

As
regards new non-traditional operators, provision
should be made for their registration on the basis of
their having been engaged in the commercial activity of
importing bananas, in one of the years 2002, 2003 and
2004, in accordance with Articles 6, 7 and 8 of Regu-
lation (EC) No 896/2001.

(9) With a view to managing this available quantity,
adjustment coefficients to be applied to the quantities
notified by the Member States should be fixed.

(10)

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

securities

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

(c)

enlarged Community’ means

‘the
constituted on 1 May 2004;

the Community as

(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;

(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;

(f)

‘competent authorities’ means the competent authorities
listed in the Annex to Regulation (EC) No 896/2001.

Article 2

Purpose

the transitional measures
for 2005,
This Regulation adopts,
needed to facilitate the transition from the arrangements in
force in the new Member States prior to their accession to
the Community of
import
Fifteen to the
arrangements introduced by Regulations (EEC) No 404/93 and
(EC) No 896/2001.

tariff quota

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

(11)

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

Article 3

Additional quantity

HAS ADOPTED THIS REGULATION:

Article 1

Definitions

For the purposes of this Regulation:

(a)

‘Community
of
constituted on 30 April 2004;

Fifteen’ means

the Community

as

1.
A quantity of 460 000 tonnes, net weight, shall be
available for imports of bananas into the new Member States
in 2005.

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.

(1) OJ L 68, 6.3.2004, p. 6. Regulation as amended by Regulation (EC)

No 689/2004 (OJ L 106, 15.4.2004, p. 17).

The quantity fixed in paragraph 1 may be increased if a

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

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Article 4

Access to the additional quantity

shall give a specific reference
The competent authorities
quantity based on the average of primary imports carried out
during the above period.

1.
Access to the additional quantity fixed in Article 3 shall be
open to traditional operators and non-traditional operators
established in the
the
requirements of Article 5 or Article 6, as the case may be.

enlarged Community who meet

Quantities of 381 800 tonnes shall be available to tradi-
to non-traditional

and 78 200 tonnes

2.
tional operators
operators.

Article 5

Specific reference quantity for traditional operators for
2005

1. Without prejudice to paragraph 4, for 2005 the specific
reference quantity of each traditional operator referred to in
Article 6(1) of Regulation (EC) No 838/2004 and registered
in 2004 in accordance with that Regulation,
shall be
determined, on written application submitted by the operator
no later than 12 November 2004, on the basis of the average of
primary imports of bananas carried out in the three-year period
2000-2002 established on the basis of
supporting
documents provided for in Article 6(2) and the first subpar-
agraph of Article 6(4) of Regulation (EC) No 414/2004.

the

2.
Non-registered operators in accordance with Regulation
(EC) No 838/2004 meeting the requirements laid down in
Article 6(1)
thereof shall send the competent authorities of
the Member State of their choice a written application for allo-
cation of a specific reference quantity for 2005. This appli-
cation, submitted no later than 12 November 2004, shall indi-
cate:

(a)

for 2000, 2001 and 2002,
the quantities of primary
imports of bananas carried out and followed by release
for free circulation in the new Member States; and

(b) the respective quantities released for free circulation in the
various new Member States for each of the years concerned.

3.
The Member States shall notify the Commission no later
than 26 November 2004 of the sum of the specific reference
quantities for traditional operators established in accordance
with paragraphs 1 and 2.

In the light of the notifications under paragraph 3 and the
4.
available quantity fixed in Article 4(2), the Commission shall, if
necessary, set an adjustment coefficient to be applied to the
specific reference quantity of each traditional operator.

5.
The competent authorities shall inform each operator of
its reference quantity, as adjusted where necessary by the
adjustment coefficient referred to in paragraph 4, no later
than 10 December 2004.

Article 6

Specific allocation to non-traditional operators

Operators meeting the requirements laid down in Article
1.
6 of Regulation (EC) No 896/2001 who have been engaged in
the commercial activity of
importing fresh bananas falling
within CN code 0803 00 19 into one or more of the new
Member States with a declared customs value of EUR
1 200 000 or more during either 2002, 2003 or 2004 may
submit an application for registration in the Member State of
their choice with a view to the issue of import licences under
the additional quantity.

The application for registration shall be accompanied by the
supporting documents referred to in Article 7(2) of Regulation
(EC) No 896/2001.

2.
In order to have their registration renewed, non-traditional
operators registered in 2004 in accordance with Regulation (EC)
No 838/2004 shall provide the competent authorities of the
Member State of
they have
registration with proof
actually imported on their own account at least 50 % of the
quantity allocated to them for
the period 1 May to 31
December 2004.

that

To be accepted, this application shall be accompanied by the
supporting documents referred to in Article 6(2) and (4), first
subparagraph, of Regulation (EC) No 414/2004.

To be accepted, applications for renewal of the registration shall
be accompanied by copies of import licences used and proof of
payment of
the
completion of customs import formalities.

the customs duties due on the date of

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Operators shall address their application for registration or
3.
application for renewal of a registration to the competent
authorities of the Member State of their choice.

To be accepted, applications for registration or for renewal of
the registration shall be accompanied by an application for a
specific allocation, as well as proof that the security referred to
in Article 8(1) of Regulation (EC) No 896/2001 has been
lodged.

To be accepted, applications for a specific allocation may not
cover a quantity greater than 12,5 % of
the total quantity
allocated to non-traditional operators fixed in Article 4(2).

Licence applications

‘accession
2.
licence’,
‘traditional operator’ or ‘non-traditional operator’, as
the case may be, and ‘Regulation (EC) No 1892/2004. Licence
only valid in a new Member State’.

the words:

shall bear

These entries shall appear in Box 20 of the licence.

Article 8

Submission and issue of import licences in the first quarter
of 2005

1.
Notwithstanding Article 15 of Regulation (EC) No
896/2001, for the first quarter of 2005 licence applications
shall be submitted no later than 17 December 2004.

Applications shall be submitted no later than 12 November
2004.

To be accepted, applications for licences submitted by a
2.
single operator must not exceed a total quantity greater than:

By 26 November 2004, the Member States shall notify the

4.
Commission of:

(a) 27 % of

the

specific

accordance with Article 5(5),
operators;

reference quantity notified in
traditional

in the case of

— the total quantity covered by applications for specific allo-

cations submitted by non-traditional operators,

— the list of operators who have submitted requests for regis-
tration and for renewal of registration, and in the case of
renewals the serial numbers of
licences or any licence
extracts, used and issued.

The competent national authorities shall issue import licences
immediately.

(b) 27 % of the specific allocation notified in accordance with

Article 6(6), in the case of non-traditional operators.

In the light of

5.
the Member States' notifications under
paragraph 4 and the quantity fixed in Article 4(2),
the
if necessary, set an adjustment coefficient
Commission shall,
to be applied to the application for a specific allocation made
by each non-traditional operator.

Import licences issued under this Article shall be valid

3.
from the day of issue and shall expire on 7 April 2005.

Article 9

Release of securities

The competent authorities shall

its specific allocation no later

inform each non-tradi-
than 10

6.
tional operator of
December 2004.

against

Securities

1.
traditional
operators 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.

licences of

import

the

Article 7

Rules for issuing import licences

Import

licences, hereinafter

‘accession
1.
licences’, shall be issued only for the release for free circulation
in a new Member State.

referred to as

the

against

Securities

2.
allocations of non-traditional
operators 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.

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Article 10

Reallocation licences

Rights may be transferred only:

Notwithstanding Article 19 of Regulation (EC) No 896/2001:

— between traditional operators as referred to in Article 5,

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

2. Reallocation licence applications and licences 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 1892/2004. Licence
only valid in a new Member State’.

Article 11

Transfer of accession licences

— 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

Entry into force

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

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

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

Done at Brussels, 29 October 2004.

For the Commission

Franz FISCHLER
Member of the Commission