COMMISSION REGULATION (EC) No 2035/96 of 24 October 1996 fixing the single reduction  coefficient for the determination of the provisional quantity of bananas to be allocated to each  operator in Categories A and B from the tariff quota for 1997 (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 Article 20 thereof,
Whereas pursuant to Article 6 of Commission Regulation (EEC) No 1442/93 of 10 June 1993 laying down  detailed rules for the application of the arrangements for importing bananas into the Community   (3), as last amended by Regulation (EC) No 1409/96  (4), depending on the annual tariff quota and  the total reference quantities of operators as referred to in Articles 3 et seq. of the said  Regulation, the Commission is to fix, where appropriate, a single reduction coefficient for each  category of operators to be applied to operators' reference quantities to determine the quantity to  be allocated to each for the year in question;
Whereas on 4 April 1995 the Commission transmitted a proposal to the Council for a Regulation  adjusting Regulation (EEC) No 404/93 as regards the volume of the annual tariff quota for imports  of bananas into the Community following the accession of Austria, Finland and Sweden; whereas, to  date, the Council, despite the Commission's efforts, has not taken any decision on increasing the  tariff quota on the basis of the abovementioned proposal;
Whereas, without prejudging the measures to be decided by the Council, the reference quantities of  category A and B operators for 1997 should be determined provisionally so that import licences can  be issued for the first quarters of the year; whereas the reduction coefficient should be  calculated for each category of operators referred to in Article 6 of Regulation (EEC) No 1442/93  on the basis of a tariff quota of 2  200  000 tonnes and of the breakdown provided for in Article  19 (1) of Regulation (EEC) No 404/93;
Whereas the total figure for the reference quantities thus calculated in 2  433  274 tonnes for all  category A operators and 1  403  126 tonnes for all category B operators;
Whereas the notifications made by the Member States pursuant to Article 5 (3) of Regulation (EEC)  No 1442/93 concerning the total reference quantities calculated for the operators registered with  them and the total quantities of bananas marketed in respect of each activity by those operators  reveal that the same quantities marketed in respect of the same activity have been counted twice  for different operators in several Member States;
Whereas the use of the abovementioned figures as notified by certain Member States would lead,  having regard to the quantities counted twice, to the determination of an excessively high single  reduction coefficient which would penalize certain categories of operator; whereas, to avoid unfair  treatment of certain operators, which would be difficult to rectify, the reduction coefficient  should be determined on the basis of the notifications by Member States minus the quantities  counted twice as assessed by the Commission;
Whereas provision should be made for the immediate application of the rules laid down in this  Regulation so that operators can benefit from them as soon as possible;
Whereas the Management Committee for Bananas has not issued an opinion within the time limit laid  down by its chairman,
The provisional quantity to be allocated to each operator in  Categories A and B for the period from 1 January to 31 December 1997 within the tariff quota  referred to in Articles 18 and 19 of Regulation (EEC) No 404/93 shall be calculated by applying to  the operator's reference quantity, determined in accordance with Article 5 of Regulation (EEC) No  1442/93, the following single reduction coefficients:
-  for each Category A operator: 0,601248,
-  for each Category B operator: 0,470378.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
The provisions of this Regulation shall apply without prejudice to any adjustments resulting from  further checks or to any measures to be adopted for the application of subsequent Council  decisions.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.