COMMISSION REGULATION  (EC) No 1923/95 of 3 August 1995 fixing the quantities of banana imports for supply to the  Community for the fourth quarter of 1995
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 9 (1) of Commission Regulation (EEC) No 1442/93  (3), as last amended by Regulation  (EC) No 1164/95  (4), provides that indicative quantities, expressed where necessary as percentages  of the shares allocated to the various countries or groups of countries listed in Annex I to  Commission Regulation (EC) No 478/95  (5), as last amended by Regulation (EC) No 702/95  (6), or of  the quantities of those quotas available are to be fixed using data and forecasts relating to the  Community market, for the purposes of issuing import licences for each quarter;
Whereas the tariff quota quantities available for imports from the countries or groups of countries  listed in Annex I to Regulation (EC) No 478/95 for the fourth quarter of 1995 should be determined  taking account on the one hand of the import licences or authorizations issued during the first  three quarters of 1995 and on the other hand of the tariff quota provided for in Article 18 of  Regulation (EEC) No 404/93 plus the additional quantity laid down in Commission Regulation (EC) No  1924/95  (7);
Whereas, with a view to achieving the same objectives, the indicative quantities provided for in  Article 14 (1) of Regulation (EEC) No 1442/93 should be fixed for the purposes of issuing licences  for traditional banana imports from the African, Caribbean and Pacific (ACP) States;
Whereas those quantities do not include the unused quantities to be reallocated pursuant to Article  10 (3) of Regulation (EEC) No 1442/93 to use up the tariff quota and, as regards imports from the  ACP States, pursuant to Article 17 (4) thereof;
Whereas this Regulation must enter into force immediately so that licence applications can be  lodged in respect of the fourth quarter of 1995;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set  by its chairman,
1.  The quantities available for import in respect of the fourth  quarter of 1995 under the tariff quota arrangements for banana imports from the countries or groups  of countries listed in Annex I to Regulation (EC) No 478/95 shall be as set out in Annex I hereto.
2.  Applications for import licences in respect of the fourth quarter of 1995 from individual  operators may not cover a quantity exceeding the difference between the quantity allocated to the  operator pursuant to Article 4 (4) and Article 6 of Regulation (EEC) No 1442/93 and the total  quantity covered by import licences issued to him in respect of the first three quarters of 1995.  Import licence applications shall be accompanied by copies of any import licences issued to the  operator in respect of the preceding quarters of 1995.
The first subparagraph shall not apply to operators established in Austria, Finland or Sweden.
In the case of operators established elsewhere in the Community, the first subparagraph shall apply  without prejudice to rights defined by Article 3 of Regulation (EC) No 1924/95.
Pursuant to Article 14 (1) of Regulation (EEC) No 1442/93, quantities available for  traditional imports of bananas from the ACP States for the fourth quarter of 1995 shall be as set  out in Annex II hereto.
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.