CELEX: 31976D0412
Language: en
Date: 1976-03-04 00:00:00
Title: Commission Decision of 4 March 1976 authorizing the United Kingdom not to apply Community treatment to bananas, falling within subheading 08.01 B of the Common Customs Tariff, originating in the dollar zone, and in free circulation in the Netherlands and in Ireland

No L 107/ 14                         Official Journal of the European Communities                                24. 4. 76
                                               COMMISSION DECISION
                                                      of 4 Marct      1976
               authorizing the United Kingdom not to apply Community treatment to
               bananas, falling within subheading 08.01 B of the Common Customs Tariff, orig­
               inating in the dollar zone ( 1 ), and in free circulation in the Netherlands and in
                                                            Ireland
                                            (Only the English text is authentic)
                                                         (76/41 2/EEC)
THE COMMISSION OF THE EUROPEAN                                     lower than the price of bananas originating in the
COMMUNITIES,                                                       dollar zone ;
Having regard to the Treaty establishing the European              Whereas according to the information supplied in the
Economic Community, and in particular the first para­              application, the result is a lowering of the retail price
graph of Article 1 1 5 thereof,                                    of bananas at present on the United Kingdom
                                                                   market ;
Having regard to the application under the first para­
graph of Article 115 of the Treaty, made on 26
February 1976 by the United Kingdom Government                     Whereas bananas, as perishable produce, require
to the Commission by telex from the office of its                  immediate sale, and having regard to the licences
Permanent Representative to the European Communi­                  already issued, the indirect imports envisaged threaten
ties, for authorization not to apply Community treat­              to cause an excess of supply and consequently an
ment to bananas, falling within subheading 08.01 B of              aggravation of the tendency towards lower prices ;
the Common Customs Tariff, originating in the dollar
zone and in free circulation in Ireland and in the                 Whereas the anticipated indirect imports are likely to
Netherlands,                                                       endanger the objective of Protocol 6 on bananas of
                                                                   the Lome Convention and to impede the commercial
Whereas the importation of bananas to Ireland and                  policy measures that the United Kingdom has taken
the Netherlands is liberalized while in the United                 with respect to the 'dollar zone' countries ;
Kingdom imports of bananas originating in the coun­
tries comprising the dollar zone are subject to quantita­          Whereas it is not possible at the present time to set in
tive restrictions and in this context a comprehensive,             motion the machinery for bringing about the neces­
annual basic quota of 4 000 metric tons has been                   sary cooperation from the other Member States ;
opened ;
Whereas it appears from such application that the                  Whereas, in order to ensure that the implementation
objective of this commercial policy is to assure a                 of the abovementioned commercial policy measures is
priority of entry to the United Kingdom market of                  not obstructed, authorization should be given for a
bananas originating from the Carribean , which coun­               limited period, for the application of protective
tries, because of their less favourable production                 measures, under the first paragraph of Article 1 1 5,
factors as compared with other exporting countries                 subject to the conditions laid down by the Commis­
would be unable to withstand free competition ;                    sion Decision of 12 May 1971 (2), and in particular
                                                                   Article 1 thereof,
Whereas by virtue of Protocol 6 of the Lome Conven­
tion, signed on 28 February 1975, the Community
and the ACP countries agreed on the objective that
for their banana exports to the Community no one                    HAS ADOPTED THIS DECISION :
ACP country will be placed in a less favourable posi­
tion than previously or currently with respect to
 market access and to advantages in the market, and                                          Article 1
that the Community will take all necessary measures
to realize this objective ;                                        The United Kingdom is authorized not to apply
                                                                    Community treatment to imports of the following
Whereas the average price of bananas from the Carri­                products, where they originate in the dollar zone and
 bean is at the present moment approximately 10 %                   are in free circulation in Ireland and in the Nether­
                                                                    lands, and in respect of which applications for import
(') Bolivia, Canada, Colombia , Costa Rica, Cuba, Dominican         licences were lodged after 16 February 1976 and are,
    Republic , Ecuador, El Salvador, Guatemala, Haiti , Repu­
    blic of Honduras, Liberia, Mexico, Nicaragua, Panama ,
     Philippines, USA and Venezuela .                               (2) OJ No L 121 , 3 . 6. 1971 , p. 26 .
 ---pagebreak--- 24 . 4. 76                          Official Journal of the European Communities                     No L 107/ 15
on the date of this Decision, pending with the United                              Article 2
Kingdom authorities :                                         This Decision is addressed to the United Kingdom .
      CCT                                                     Done at Brussels, 4 March 1976 .
     heading               Description of goods
       No                                                                             For the Commission
                                                                                      Christopher SOAMES
08.01 B         Bananas
                                                                                         Vice-President
                                                                                              I