Commission Regulation (EC) No 756/1999 of 12 April 1999 amending Regulation (EC) No 2362/98 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community

COMMISSION REGULATION (EC) No 756/1999
of 12 April 1999
amending Regulation (EC) No 2362/98 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community
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 organisation of the market in bananas(1), as last amended by Regulation (EC) No 1637/98(2), and in particular Article 20 thereof,
Whereas Commission Regulation (EC) No 2362/93(3) lays down detailed rules for the implementation of Regulation (EEC) No 404/93 as regards imports of bananas into the Community;
Whereas Article 20 of Regulation (EC) No 2362/98 lays down the conditions for issuing re-allocation licences for quantities unused under licences issued in respect of an earlier quarter of the same year; whereas the way that the quantities for the various origins listed in Annex I to that Regulation are administered, and in particular the fact that any reduction coefficients are fixed by origin, means that re-allocation licences must be applied for and issued for the same origin as the original unused or partly used licence; whereas that obligation should be spelled out explicitly along the lines of Article 10(3) of Commission Regulation (EEC) No 1442/93(4), as last amended by Regulation (EC) No 1409/96(5);
Whereas Article 25 of Regulation (EC) 2362/98 provides that import licence applications from traditional operators are to be accompanied by proof that a security has been lodged; whereas it should be made clear that this obligation applies to all import licence applications, with the exception of applications submitted by "newcomers" in the case of imports under tariff quotas and imports of traditional ACP bananas; whereas there is all the more reason for that obligation not to apply either in the case of applications from "newcomers" for re-allocation licences;
Whereas Regulation (EC) No 2362/98 must be clarified accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,