CELEX: 51996PC0082
Language: en
Date: 1996-03-06
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) N° 404/93 on the common organization of the market in bananas

Avis juridique important

|

51996PC0082

Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) N° 404/93 on the common organization of the market in bananas  /* COM/96/0082 FINAL - CNS 96/0080 */  

Official Journal C 121 , 25/04/1996 P. 0015

Proposal for a Council Regulation amending Regulation (EEC) No 404/93 on the common organization of  the market in bananas(96/C  121/09)COM(96) 82 final - 96/080(CNS)(Submitted by the  Commission to the Council on 8 March 1996)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  last amended by Regulation (EEC) No 3290/94  (2), provides for the opening of a tariff quota for  the import of bananas; Whereas Article 19 of Regulation (EEC) No 404/93 allocates the tariff quota opened each year for  the import of third-country and non-traditional ACP bananas between three categories of operator,  hereinafter referred to as Category A, Category B and Category C; Whereas non-traditional ACP import face a relative economic disadvantage compared to third country  production; whereas, therefore, in conformity with undertakings made by the European Union in the  context of its relations with the ACP countries, provision should be made for non-traditional ACP  imports to be managed separately from third country imports; whereas these provisions should  respect the distinction between traditional and non-traditional ACP quantities; Whereas following the enlargement of the Union through the accession of Austria, Finland and  Sweden, the traditional pattern of supply to the Community market has altered and as a consequence  the tariff quota should be increased; whereas as a result of this increase in the tariff quota, in  order to maintain the equilibrium between the different categories of operator, the allocation of  the tariff quota amongst the different categories of operator should be adjusted; whereas this  adjustment maintains the advantages to suppliers of Community and traditional ACP bananas in  conformity with the Community's obligations; Whereas Article 19 (1) (c) of Regulation No (EEC) 404/93 allocates a proportion of the tariff quota  to new operators (Category C); whereas no provision exists for such Category C operators to  establish themselves as operators defined by Article 19 (1) (a) (Category A operators) through  their activities as new operators; whereas this restricts the scope for the development of trade  and marketing structures; whereas, therefore, Regulation No (EEC) 404/93 should be amended to allow  new operators the opportunity to establish themselves as Category A operators; Whereas, in certain circumstances, operators' access to the tariff is significantly lower than  would have been expected due to circumstances beyond their control; whereas, therefore, in the  light of the experience Regulation No (EEC) 404/93 should be amended to include provisions with a  view to providing relief to operators who suffer such hardship, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 404/93 is amended as follows: 1. The first paragraph of Article 18 is replaced by the following: '1.  A tariff quota shall be opened each year for imports of third-country bananas and  non-traditional ACP bananas. A fixed quantity or 90  000 tonnes of this quota shall be reserved for  non-traditional ACP bananas. The tariff quota shall be 2  553  000 tonnes (net weight). Within the framework of the tariff quota, imports of third-country bananas shall be subject to a  levy of ECU 75 per tonne and imports of non-traditional ACP bananas shall be subject to a zero  duty. Where Community demand determined on the basis of the supply balance referred to in Article 16  increases, the volume of the tariff quota shall be increased in consequence, in accordance with the  procedure laid down in Article 27. The portion of the tariff quota reserved for imports of non-traditional bananas shall be allocated  according to appropriate conditions which take into account the circumstances of ACP production and  may be defined in accordance with the procedure laid down in Article 27.`2. Article 19 is replaced  by the following: 'Article 191.  The volume of the tariff quota attributed to third countries shall be allocated as  follows: (a) 70,5  % to the category of operators who imported third country bananas (referred to as  Category A operators); (b) 26  % to the category of operators who marketed Community bananas and/or imported traditional  ACP bananas (referred to as Category B operators); (c) 3,5  % to the category of operators established in the Community who started importing third  country bananas on or after 1 January 1992 (referred to as Category C operators). 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 operators and the reference  quantity per operator referred to in paragraph 2. 2.  On the basis of separate calculations for Category A and Category B operators, each operator  shall obtain import licences (referred to as Category A or Category B import licences) on the basis  of the average quantity of bananas that he has imported or, for Community production, placed on the  market on his own account in the last two years for which figures are available, this quantity  being referred to as the operator's reference quantity. For Category A operators, the quantities to be taken into consideration shall be the imports of  bananas using Category A import licences, so that the initial allocation of licences between the  different categories of operator is such unchanged. In the case of Category B operators, account must be taken of the imports of traditional ACP  bananas and/or quantities of Community bananas placed on the market. 3.  If the volume of applications from Category C operators exceeds the quantity fixed pursuant to  paragraph 1 (c), a reduction coefficient shall be calculated and applied to each application. If the volume of applications pursuant to paragraph 1 (c) is less than the quantity available, any  surplus volume shall be re-allocated to Category A and Category B operators under conditions laid  down by the procedures referred to in Article 27. 4.  If the tariff quota is increased, the additional available quantity shall be allocated to  importers in the categories referred to in paragraph 1 in accordance with the preceding  paragraphs. 5.  Category C operators who, for a period of at least three years, have imported annually on their  own account a minimum volume of third country bananas, to be determined, may transfer to Category  A. This minimum volume, and other necessary conditions, shall be defined in accordance with the  procedure referred to in paragraph 27. 6.  If, due to exceptional circumstances beyond the control of a diligent operator, the reference  quantity used to determine the allocation of licences to a Category A or Category B operator for a  particular year in accordance with paragraph 2, is significantly below his average reference  quantity for the previous two years, the reference period used to calculate the reference quantity  for the year in question shall be extended backwards by two years. The operator must submit  sufficient documentary evidence in support of his claim to satisfy the national competent  authorities. Supplementary criteria, such as the definition of exceptional circumstances, the minimum percentage  reduction in reference quantity required to qualify for such treatment, and the maximum additional  reference quantity which can be granted, may be laid down in accordance with Article 27.`Article  2 This Regulation shall enter into force on the third day following its publication in the  Official Journal of the European Communities. 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.