Commission Regulation (EC) No 478/95 of 1 March 1995 on additional rules for the application of Council Regulation (EEC) No 404/93 as regards the tariff quota arrangements for imports of bananas into the Community and amending Regulation (EEC) No 1442/93

COMMISSION REGULATION (EC) No 478/95 of 1 March 1995 on additional rules for the application of Council Regulation (EEC) No 404/93 as regards the tariff quota arrangements for imports of bananas into the Community and amending Regulation (EEC) No  1442/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 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 the agreements concluded during the multilateral trade negotiations of the Uruguay Round included a framework agreement on bananas; whereas that agreement amends the tariff quota arrangements for import of those goods into the Community and is  applicable from 1995;
Whereas Commission Regulation (EC) No 3224/94 (3) establishes transitional measures for the implementation of the framework agreement in the first quarter of 1995;
Whereas the necessary measures should be adopted to implement the abovementioned agreement on a non-transitional basis and therefore to amend Commission Regulation (EEC) No 1442/93 of 10 June 1993 (4), laying down the detailed rules for the application  of the arrangements for importing bananas into the Community, as last amended by Regulation (EC) No 439/55 (5);
Whereas the framework agreement establishes a distribution of the tariff quota among certain supplier countries or groups of supplier countries and includes specific clauses to cover cases of force majeure that might affect deliveries by the signatory  countries and allow some degree of transfer of allocations;
Whereas the allocation provided for in the agreement for quantities of non-traditional ACP bananas should be shared between the Dominican Republic and the countries that have traditionally supplied the Community and that have imported those quantities  of non-traditional ACP bananas under the tariff quota;
Whereas the framework agreement provides that the signatory countries are authorized to issue export licences for seventy percent of their allocations, which licences are to be presented in order to obtain import licences of Categories A and C for  import into the Community, in conditions which may improve the regularity and stability of commercial transactions and guarantee the absence of any discriminatory treatment among operators;
Whereas provisions should be adopted that will ensure that the specific clauses are applied and the tariff quota arrangements properly administered; whereas, in particular, an obligation should be imposed to indicate the origin of the goods when the  application for a licence is submitted, and to release for free circulation goods of the same origin; whereas, however, provision should be made for the possibility of an operator renouncing the use of an import licence or submitting a new application  for goods of different origin in cases where a limitation on the issuing of import licences is adopted for one or several origins;
Whereas provision should be made for the reporting needed for operating the modified arrangements;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman,