Commission Regulation (EC) No 1409/96 of 19 July 1996 amending Regulation (EEC) No 1442/93 laying down detailed rules for the application of the arrangements for importing bananas into the Community, as regards eligibility criteria for category C operators and certain dates relevant to the administration of Community tariff quotas

COMMISSION REGULATION (EC) No 1409/96 of 19 July 1996 amending Regulation (EEC) No 1442/93 laying down detailed rules for the application of the arrangements for importing bananas into the Community, as regards eligibility criteria for category C operators and certain dates relevant to the administration of Community tariff quotas
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 20 thereof,
Whereas Article 3 (5) of Commission Regulation (EEC) No 1442/93 (3), as last amended by Regulation (EC) No 875/96 (4), lays down the criteria which operators must meet to be registered in category C and to obtain annual importing rights under the tariff quota; whereas experience of applying the arrangements over several years shows that better management of tariff quota allocation to operators in category C could be achieved by reinforcing eligibility criteria and specifying the checks required of the national authorities; whereas in the first place, a longer minimum period of activity should be required before an operator may apply for an annual allocation, and the use of dummy operators should be prevented; whereas in the second place, it should be stressed that the eligibility of the application for registration of the operator and the allocation of an annual quantity should, where there is any doubt about fulfilment of the criteria, be subject to the provision of satisfactory evidence by the operator;
Whereas the consequences of failing to comply with certain obligations pursuant to this Regulation should be made explicit, and in particular the implications of the prohibition on a single operator lodging more than one application;
Whereas Article 6 of Regulation (EEC) No 1442/93 lays down the date by which national authorities must notify each of the operators in categories A and B of the quantity allocated under the tariff quota for a given year; whereas to enable national authorities to carry out checks and inspections under the best conditions, and to facilitate communication with the Commission, a later date should be fixed for notifying quantities allocated to operators;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman,