CELEX: 51995PC0114
Language: en
Date: 1995-04-04
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 404/93 the common organization of the market in bananas, Regulation (EEC) No 404/93 on the common organization of the market in fruit and vegetables, and Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

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51995PC0114

Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 404/93 the common organization of the market in bananas, Regulation (EEC) No 404/93 on the common organization of the market in fruit and vegetables, and Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff  /* COM/95/114FINAL - CNS 95/0084 */  

Official Journal C 136 , 03/06/1995 P. 0018

Proposal for a Council Regulation (EC) amending Regulation (EEC) No 404/93 on the common  organization of the market in bananas, Regulation (EEC) No 1035/72 on the common organization of  the market in fruit and vegetables, and Regulation (EEC) No 2658/87 on the tariff and statistical  nomenclature and on the Common Customs Tariff(95/C  136/06)COM(95) 114 final -  95/0084(CNS)(Submitted by the Commission on 6 April 1995)THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas Regulation (EEC) No 404/93 on the common organization of the market in bananas  (1), as  amended by Regulation (EC) No 3290/94  (2), covers fresh and dried fig bananas; whereas detailed  consideration of such bananas shows that they present characteristics quite different from those of  the bananas most commonly marketed in the Community of the Cavendish and Gros-Michel subgroups;  whereas fig bananas should therefore be excluded from the scope of Regulation (EEC) No 404/93 and  included along with other tropical products in Regulation (EEC) 1035/72 on the common organization  of the market in fruit and vegetables  (3); whereas Regulation (EEC) No 2658/87 on the tariff and  statistical nomenclature and on the Common Customs Tariff  (4) should also be amended; Whereas Article 19 of Regulation (EEC) No 404/93 allocates by volume the import tariff quota of  third-country and non-traditional ACP bananas opened each year between the various categories of  operators who have marketed bananas of specified origins in the reference period, or, in the case  of new operators, who are beginning to market bananas on the Community market; whereas Article 15a  defines 'marketing` as placing on the market, not including making the product available to the  final consumer; Whereas this definition was adopted at the time of the implementation of the new market  organization with the dual objective of not disrupting the normal trading relations between persons  operating at different points in the banana marketing chain while also allowing some evolution of  trading structures with a view to the completion of the internal market; whereas, in the light of  the experience gained during the transition period, the way in which trading practices have  evolved, the fact that those practices are exceedingly complex and the need to make operation of  the arrangements simpler and more transparent, the allocation by volume and the administration of  the tariff quota should be based, as is traditional in matters of trade, on the criterion of  effective importation; whereas, therefore, Regulation (EEC) No 404/93 should be amended  accordingly; Whereas the use of three-year averages for calculating the reference quantities on the basis of  which the import duties are allocated is no longer justified because the establishment of the  common organization of the market has stabilized the volume of imports; Whereas Article 16 (3) of Regulation (EEC) No 404/93 provides that, where necessary and in  exceptional circumstances affecting production or import conditions, the forecast supply balance  may be adjusted and the tariff quota be adapted; whereas this arrangement must be defined in  greater detail and developed in order to ensure the continuity of Community supplies and the  pursuance of normal trading relations, while also allowing appropriate remedy for any serious  damage suffered in such circumstances by Community producers or by certain categories of banana  operators; Whereas in order to fulfil the undertakings made by the European Union in the context of its  relations with the ACP countries, provision should be made for mechanisms similar to those  introduced under the Framework Agreement on Bananas concluded during the Uruguay Round negotiations  in order to cope with cases of force majeure affecting production in ACP countries and to permit  certain temporary transfers for reasons other than force majeure within their geographical area, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 404/93 is amended as follows: 1. In Article 1 (2) the description of goods covered by CN code ex 0803 'Bananas, excluding  plantains, fresh or dried` is replaced by the description 'Bananas, excluding plantains and fig  bananas, fresh or dried`. 2. In the second paragraph of Article 15a: - the term 'Annex` in point 1 is replaced by 'Annex I`, and- point 5 is deleted. 3. In Article 16, paragraph 3 is deleted. 4. The following Article is inserted: 'Article 16aWhere necessary, in particular to take account of the effects of exceptional  circumstances affecting production or import conditions during the marketing year, the necessary  measures shall be adopted to ensure the continuity of Community supplies. Such measures shall  include the revision of the forecast supply balance. Such measures may also relate to the following: - adaptation of the tariff quota provided for in Article 18, - provisions to remedy serious damage suffered by: (i) producers in Community production areas, or(ii) one or more categories of operators as  referred to in Article 19 (1). Such provisions may derogate from Article 19 (4). The measures provided for in this Article shall be adopted by the procedure laid down in Article  27.`5. In Article 18 (1), the last subparagraph is replaced by the following: 'Where Community demand increases, as determined on the basis of the supply balance or where any  other change in the supply balance so justifies, the volume of the tariff quota shall be increased  accordingly, in accordance with the procedure laid down in Article 27.`6. In Article 19,  paragraphs 1 and 2 are replaced by the following: '1.  The tariff quota opened shall be allocated as follows: (a) 66,5  % to the category of operators who imported third-country and/or non-traditional ACP  bananas; (b) 30  % to the category of operators who marketed Community bananas and/or imported traditional  ACP bananas; (c) 3,5  % to the category of operators established in the Community who started marketing bananas  other than Community and/or traditional ACP bananas in 1992 or later. The import opportunities pursuant to (a) and (b) shall be available to operators established in the  Community who imported or marketed in the Community on their own account a minimum quantity of  bananas of the above origins, to be determined. Supplementary criteria to be met by operators shall be laid down in accordance with the procedure  provided for in Article 27. The Member States shall draw up the list of importers and the average  quantity per operator referred to in paragraph 2. 2.  On the basis of separate calculations for each of the categories of operators referred to in  paragraph 1 (a) and (b), each operator shall obtain import licences on the basis of the quantities  of bananas that he has imported in the last two years for which figures are available. For the  category of operators referred to in paragraph 1 (a), the quantities to be taken into consideration  shall be the sales of third-country and/or non-traditional ACP bananas. In the case of operators  referred to in paragraph 1 (b), account must be taken of the imports of traditional ACP bananas  and/or quantities of Community bananas placed on the market. Third-country and/or non-traditional  ACP bananas imported under licences issued under paragraph 1 (b) shall not be taken into account  for determining the rights to be established under paragraph 1 (a), so that the initial allocation  of licences between the two categories of operators remains identical.`7. The following Article is  inserted: 'Article 19a1.  If, for reasons of force majeure, an ACP State is not able to export to the  Community market all or some of the traditional and non-traditional quantities, it may supply the  Community market with products of other origins, subject to conditions defined in advance in  accordance with the procedure laid down in Article 27. These conditions must permit the serious  damage suffered by production areas or by one or more of the categories of operators referred to in  Article 19 (1) to be remedied. 2.  The conditions for temporary reallocation of traditional and non-traditional quantities, for  reasons not ascribable to force majeure, between ACP countries listed in Annex II located in the  same geographical zone, shall be adopted by the same procedure.`8. The Annex hereto is inserted as  Annex II. Article 2 1. In Annex I to Regulation (EEC) No 2658/87, heading 0803 is replaced by the  following: >TABLE>2. The amendments to the subheadings of the combined nomenclature provided for in  this Regulation shall apply as subheadings of the integrated tariff of the European Communities  (Taric) until they are included in the combined nomenclature in accordance with Article 12 of  Regulation (EEC) No 2658/87. Article 3 In Article 1 (2) of Regulation (EEC) No 1035/72 the following lines are inserted: '0803  00  15  -  Fresh fig bananasex  0803  00  90  -  Dried fig bananas`. Article 4 This Regulation shall enter into force on the third day following that of its  publication in the Official Journal of the European Communities. Article 1 (2) (b) and 6 shall apply for the first time, in respect of quantities  of bananas imported and placed on the Community market in 1996 in order to determine the  entitlements of operators within the tariff quota. This Regulation shall be binding in its entirety and directly applicable in all Member States. (1) OJ No L 47, 25. 2. 1993, p. 1.  (2) OJ No L 349, 31. 12. 1994, p. 105.  (3) OJ No L 118, 20. 5. 1972, p. 1.  (4) OJ No L 256, 7. 9. 1987, p. 1.   ANNEX ANNEX IIGeographical zonesZone  I - Caribbean ACP States, Zone II - African ACP States.