Commission Regulation (EC) No 1403/2005 of 26 August 2005 fixing quantities and individual ceilings for the issue of licences for the purposes of the additional quantity in respect of banana imports to the new Member States for the fourth quarter of 2005
Date: 2005-08-26
Institutions: European Commission
Subjects: accession to the European Union, import licence, import policy, tariff quota, tropical fruit

27.8.2005

EN

Official Journal of the European Union

L 222/5

COMMISSION REGULATION (EC) No 1403/2005

of 26 August 2005

fixing quantities and individual ceilings for the issue of licences for the purposes of the additional
quantity in respect of banana imports to the new Member States for the fourth quarter of 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1892/2004 and, on the other hand,
licences issued for the first three quarters of 2005.

to the import

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),

(3)

(4)

(5)

In view of the fact that this Regulation must apply before
the start of the period for the submission of
licence
applications for the fourth quarter of 2005, provision
should be made for this Regulation to enter into force
immediately.

This Regulation shall apply to operators established in
the Community and being registered in accordance
with Articles 5 and 6 of Regulation (EC) No 1892/2004.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

Commission Regulation (EC) No 1892/2004 (2) adopted
the transitional measures needed to facilitate the tran-
sition from the arrangements
in force in the new
Member States prior to their accession to the European
Union to the import arrangements in force under the
the markets in the banana
common organisation of
In order to ensure market
sector for the year 2005.
supply,
that
Regulation fixed an additional quantity on a transitional
basis for the purpose of issuing import licences. This
the
additional
mechanisms
by
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 (3).

in particular in the new Member States,

be managed
in
put

quantity must

using
place

instruments

and

(2)

The quantities available for import under this additional
the fourth quarter of 2005 should be
quantity for
determined, having regard, on the one hand,
to the
volume of the additional quantity for 2005 provided
in Articles 3 and 4 of Regulation (EEC) No
for

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

Act of Accession.

(2) OJ L 328, 30.10.2004, p. 50.
(3) 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).

Article 1

1.
For the fourth quarter of 2005, the quantities available for
import under the additional quantity provided for in Article
3(1) of Regulation (EC) No 1892/2004 for the import of
bananas shall be as set out in the Annex.

For the fourth quarter of 2005, applications for import

2.
licences under the additional quantity:

(a) submitted by a traditional operator may not relate to a
quantity exceeding the difference between the reference
quantity established and notified pursuant to Article 5(5)
of Regulation (EC) No 1892/2004 and the sum of
the
quantities covered by import licences issued for the first
three quarters of 2005;

(b) submitted by a non-traditional operator may not relate to a
quantity exceeding the difference between the annual
quantity determined and notified to the operator pursuant
to Article 6(6) of Regulation (EC) No 1892/2004 and the
sum of the quantities covered by import licences issued for
the first three quarters of 2005.

L 222/6

EN

Official Journal of the European Union

27.8.2005

To be accepted, applications for import licences shall be accom-
panied by a copy of the import licence(s) issued to the operator
for the preceding quarters of 2005.

Article 2

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, 26 August 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

27.8.2005

EN

Official Journal of the European Union

L 222/7

ANNEX

Quantities of available bananas by operator category for the fourth quarter of 2005

Additional quantity

Operator category

Traditional

Non-traditional

(tonnes)

Quantity

95 279,538

17 608,862