COMMISSION REGULATION (EC) No 2358/95 of 6 October 1995 on the exceptional allocation of a quantity  additional to the tariff quota for imports of bananas during the fourth quarter of 1995 as a result  of tropical storms Iris, Luis and Marilyn (Text with EEA relevance)
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 Commission Regulation (EC) No 3290/94 (2), and in  particular Articles 16 (3), 20 and 30 thereof,
Whereas Commission Regulation (EEC) No 1442/93  (3), as last amended by Regulation (EC) No 1164/95   (4), lays down the detailed rules for applying the arrangements for importing bananas into the  Community;
Whereas in August and September 1995 the tropical storms Iris, Luis and Marilyn caused severe  damage to the banana plantations in the Community regions of Martinique and Guadeloupe and in the  ACP States of Saint Vincent, Saint Lucia and Dominica; whereas the effects of these exceptional  circumstances on production in the regions affected will be felt until July 1996 and will greatly  affect imports and supplies to the Community markets during the fourth quarter of 1995; whereas  this is likely to cause an appreciable increase in market prices in certain regions of the  Community;
Whereas Article 16 (3) of Regulation (EEC) No 404/93 stipulates that where necessary, in particular  to take account of the effects of exceptional circumstances affecting production or import  conditions, the forecast supply balance may be adjusted and, in such a case, the tariff quota is  adapted;
Whereas the adaptation of the tariff quota must permit adequate supplies to the Community market  during the fourth quarter of 1995 and provide compensation to operators who include or directly  represent banana producers who suffered damage and who, in addition, in the absence of appropriate  measures, risk losing their traditional outlets on the Community market on a long-term basis;
Whereas the measures to be taken should have a specific transitional nature, within the meaning of  Article 30 of Regulation (EEC) No 404/93; whereas, prior to the entry into force of the new common  market organization on 1 July 1993, existing national market organizations, in order to cope with  urgent cases or exceptional circumstances such as the tropical storms cited above, included  provisions ensuring supplies to the market from other suppliers while safeguarding the interests of  operators who are victims of such exceptional events;
Whereas also, under the Uruguay Round of multilateral trade negotiations, the Community negotiated  an agreement which provides for the implementation of a provision for the reallocation of supplies  which is intended to overcome such exceptional circumstances and which will safeguard the interests  of operators in the supplier countries which have suffered such damage; whereas this agreement  applies from 1 January 1995;
Whereas, the Community producer regions and the ACP States which suffer such exceptional  circumstances should be able to benefit from comparable measures; whereas the measures should  include the granting of the right to import in compensation third-country bananas and  non-traditional ACP bananas for the benefit of the operators who directly suffered damage as a  result of the impossibility of supplying the Community market with bananas originating in affected  producer regions; whereas, in addition, provision should be made for the quantities marketed on the  Community market pursuant to this measure to be taken into consideration, in due course, for  determining the reference quantities for the operators concerned for the tariff quotas for future  years; whereas these measures should be to the benefit of the operators who have directly suffered  actual damage, without the possibility of compensation, and as a function of the extent of the  damage;
Whereas the competent authorities in the Member States where the operators concerned are  established are the only authorities capable of determining those who should benefit from the  measure in view of their experience and their knowledge of the actual characteristics of the trade  in question and to assess the damage on the basis of the supporting documentation provided by the  operators;
Whereas, in view of their objectives, the provisions of this Regulation must enter into force  immediately;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set  by its chairman,
1.  The tariff quota fixed for 1995 is increased by an additional  quantity of 90  800 tonnes (net weight).
2.  This additional quantity of 90  800 tonnes (net weight) shall be allocated to the operators  determined in accordance with Article 2 below as follows:
(a)  22  000 tonnes for operators supplying the Community with bananas produced in Martinique;
(b)  46  000 tonnes for operators supplying the Community with bananas produced in Guadeloupe;
(c)  22  800 tonnes for operators supplying the Community with bananas produced in the Windward  Islands (Saint Lucia, Dominica and Saint Vincent).
1.  The quantities referred to in Article 1 (2) shall be allocated to the operators  who:
-  include or directly represent banana producers affected by the tropical storms Iris, Luis and  Marilyn,
-  and who, during the fourth quarter of 1995, are unable to supply, on their own account, the  Community market with bananas originating in the regions or countries referred to in Article 1 (2)  on account of the damage caused by these tropical storms.
2.  The competent authorities in the Member States concerned shall determine the beneficiary  operators who meet the requirements of paragraph 1 and shall make an allocation to each of them  pursuant to this Regulation on the basis of:
-  the quantities allocated to the producer regions or countries referred to in Article 1 (2), and  of -  the damage sustained as a result of the tropical storms Iris, Luis and Marilyn.
3.  The competent authorities shall assess the damage sustained on the basis of all supporting  documents and information collected from the operators concerned.
1.  The Member States concerned shall inform the Commission by 16 October 1995 at the  latest of the quantities of bananas for which a proposal for an allocation pursuant to this  Regulation has been made.
2.  If the overall quantity for which proposals for allocations in connection with the tropical  storms Iris, Luis and Marilyn are made exceeds the quantity additional to the tariff quota fixed in  Article 1 (1), the Commission shall fix a uniform percentage reduction to be applied to all  allocations.
3.  Tropical storms Iris, Luis and Marilyn import licences shall be issued not later than 23  October 1995 and shall be valid until 31 January 1996.
The words 'Tropical storms Iris, Luis and Marilyn licence' shall be entered in box 20 of the  licence.
The quantities of bananas released for free circulation issued in accordance with this  Regulation on the basis of tropical storms Iris, Luis and Marilyn import licences shall be taken  into consideration for the purpose of determining the reference quantity of each operator  concerned, as regards 1995, for the application of Articles 3 to 6 of Regulation (EEC) No 1442/93.
This Regulation shall enter into force on the day of 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.