Commission Regulation (EC) No 2044/2004 of 29 November 2004 fixing the adjustment coefficients to be applied to the reference quantity for each traditional operator under the tariff quotas A/B and C for banana imports for 2004
Date: 2004-11-29
Institutions: European Commission
Subjects: import, tariff quota, tropical fruit

30.11.2004

EN

Official Journal of the European Union

L 354/15

COMMISSION REGULATION (EC) No 2044/2004

of 29 November 2004

fixing the adjustment coefficients to be applied to the reference quantity for each traditional
operator under the tariff quotas A/B and C for banana imports for 2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

tional hardship situations and in order to take account of
pending legal procedures.

Having regard to the Treaty
Community,

establishing the European

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,

Having regard to 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 Community (2), and in particular
Article 5(3) thereof,

Whereas:

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 the arrangements for importing bananas into
the Community 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.

According to the reports from the Member States under
Article 5(2) of Regulation (EC) No 896/2001, the sum of
the reference quantities thus determined for 2004 is
2 197 147,342 tonnes for all traditional operators A/B
and 630 713,105 tonnes for all traditional operators C.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Ultimately, for 2004, the quantities of 5 731,658 tonnes
and 5 642,248 tonnes prove available respectively for the
tariff quotas A/B and C. Pursuant to Article 5 (3) of
Regulation (EC) No 896/2001, it is advisable to fix an
adjustment factor to be applied to the reference quantity
of each traditional operator in each of the two categories
of A/B and C operators, and to repeal Regulation (EC) No
2036/2003.

is advisable to provide for the issuing of
It
licences to the amount of the quantities available.

import

The provisions of this regulation must enter into force
immediately in order to allow for the issuing of import
licences as soon as possible.

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

For the tariff quotas A/B and C provided for in Article 18 of
Regulation (EEC) No 404/93,
coefficient
provided for in Article 5(3) of Regulation (EC) No 896/2001,
for 2004, shall be:

adjustment

the

Notwithstanding Article 5 (3) of Regulation (EC) No
896/2001, Commission Regulation (EC) No 2036/2003
of 19 November 2003 (3) did not provisionally fix the
adjustment
to be applied to the traditional
operators’ reference quantity for the tariff quotas A/B
and C for 2004, in order to allow for the adoption of
the appropriate measures justified in dealing with excep-

factors

— for each traditional operator A/B: 1,00261;

— for each traditional operator C: 1,00894.

(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 302, 20.11.2003, p. 7.

By 3 December 2004 at the latest the competent authorities of
the Member States shall notify the operators concerned of their
reference quantities as adjusted pursuant to this Article.

L 354/16

EN

Official Journal of the European Union

30.11.2004

Article 2

Operators can submit licence requests on 7 and 8 December
2004.

To be accepted, the requests for import licences submitted by a
traditional operator must not cover a quantity higher than the
communicated
difference between the
pursuant to Article 1, and the total of the quantities referring
to the import licences which were issued to him for 2004.

reference quantity,

The national authorities shall issue the import licences as soon
as possible.

Article 3

Regulation (EC) No 2036/2003 shall be repealed.

Article 4

This Regulation shall enter into force on the day of its publi-
cation 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 November 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission