Council Regulation (EC) No 1964/2005 of  29 November 2005  on the tariff rates for bananas
Date: 2005-11-29
Institutions: Council of the European Union
Subjects: ACP countries, CCT duties, import, originating product, tariff quota, tropical fruit

2.12.2005

EN

Official Journal of the European Union

L 316/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1964/2005

of 29 November 2005

on the tariff rates for bananas

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty
Community, and in particular Article 133 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organisation of the market in
bananas (1) provides for the entry into force of a tariff
only regime for
than
1 January 2006.

imports of bananas no later

authorised

the Council

On 12 July 2004,
the
Commission to open negotiations under Article XXVIII
of the GATT 1994 with a view to modifying certain
concessions for bananas. Accordingly, the Community
notified the WTO on 15 July 2004 of its intention to
modify concessions on item 0803 00 19 (bananas) in EC
Schedule CXL. Negotiations have been conducted by the
Commission in consultation with the Committee estab-
the Treaty and the Special
lished by Article 133 of
Committee on Agriculture and within the framework of
the negotiating directives issued by the Council.

(6)

(7)

(1)

(2)

(3)

The arbitration procedure set out in the Annex to the
Decision was initiated on 30 March 2005. The Arbi-
trator’s Award issued on 1 August 2005 concluded
that the MFN tariff rate of EUR 230/tonne proposed by
the Community was not consistent with the abovemen-
tioned Annex as it would not result in at least main-
for MFN suppliers. The
taining total market access
Commission revised the Community proposal
in light
In a second arbitration
of
the Arbitrator
award,
concluded that the revised proposal for an MFN tariff
rate of EUR 187 tonne fails to rectify the matter. The
Commission has therefore further modified its proposal
in order to rectify the matter.

findings.
issued on 27 October 2005,

the arbitrator’s

A tariff
rate quota for bananas originating in ACP
countries should also be opened in accordance with the
Community commitments under the ACP-EC Partnership
Agreement.

The measures necessary for the implementation of this
Regulation, as well as transitional measures relating in
particular to the management of the tariff rate quota
for bananas originating in ACP countries, should be
Council Decision
adopted
1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (2),

accordance with

in

The Commission has not been able to negotiate an
acceptable agreement with Ecuador and Panama, having
a principal supplying interest, and Colombia and Costa
Rica, having a substantial supplier interest, in products of
HS subheading 0803 00 19 (bananas). Pursuant to the
the WTO Ministerial
Annex
Conference of 14 November 2001 on the European
Communities — the ACP-EC Partnership Agreement,
the Commission has also held consultations with other
WTO Members. These consultations did not lead to an
acceptable agreement.

to the Decision of

HAS ADOPTED THIS REGULATION:

Article 1

As from 1 January 2006 the tariff rate for bananas

1.
(CN code 0803 00 19) shall be EUR 176/tonne.

(4)

On 31 January 2005 the Community notified the
its intention to replace its concessions on
WTO of
item 0803 00 19 (bananas) with a bound duty of
EUR 230/tonne.

Each year from 1 January, starting from 1 January 2006,
2.
an autonomous tariff quota of 775 000 tonnes net weight
subject to a zero-duty rate shall be opened for imports of
bananas (CN code 0803 00 19) originating in ACP countries.

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

of Accession.

(2) OJ L 184, 17.7.1999, p. 23.

L 316/2

EN

Official Journal of the European Union

2.12.2005

Article 2

The measures necessary for the implementation of this Regu-
lation, and transitional measures necessary to facilitate the
switch-over
to those laid
down in this Regulation, shall be adopted in accordance with
the procedure referred to in Article 3(2).

from the existing arrangements

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its Rules of Procedure.

Article 3

1.
The Commission shall be assisted by the Management
Committee for Bananas established by Article 26 of Regulation
(EEC) No 404/93 (hereinafter referred to as the Committee).

Article 4

This Regulation shall enter into force on the third day following
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 November 2005.

For the Council
The President

A. JOHNSON