COMMISSION REGULATION (EC) No 704/95 of 30  March 1995 on the issuing of import licences for bananas under the tariff quota for the second  quarter of 1995 and on the submission of new applications (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 Regulation (EC) No 3290/94  (2), and in  particular Article 20 thereof,
Whereas Commission Regulation (EEC) No 1442/93  (3), as last amended by Regulation (EC) No 702/95   (4), lays down detailed rules for the application of the arrangements for importing bananas into  the Community; whereas Commission Regulation (EC) No 478/95  (5), lays down additional rules for  the application of the tariff quota arrangements laid down in Articles 18 and 19 of Regulation  (EEC) No 404/93;
Whereas Article 9 (3) of Regulation (EEC) No 1442/93, as amended by Regulation (EC) No 478/95, lays  down that, where, in the case of a given quarter of origin, for a country or group of countries  referred to in Annex I to Regulation (EC) No 478/95, the quantities covered by import licence  applications from one or more of the categories of operators appreciably exceed the indicative  quantity fixed, a reduction percentage to be applied to applications shall be set; whereas,  however, that provision does not apply to applications relating to 150 tonnes or less;
Whereas, pursuant to Article 9 (1) of Regulation (EEC) No 404/93, the indicative quantities for  import under the tariff quota are laid down for the second quarter of 1995 in Commission Regulation  (EC) No 480/95  (6);
Whereas in the case of the quantities covered by licence applications that are either less than or  not significantly more than the indicative quantities fixed for the quarter in question, licences  are issued for the quantities applied for; whereas, however, for certain origins, the quantities  applied for considerably exceed the indicative quantities or the percentages set out in the Annex  to Regulation (EC) No 478/95; whereas, therefore, a reduction percentage should be set to be  applied to each licence application for the origin or origins involved and category of licence in  question;
Whereas, pursuant to the framework agreement on bananas concluded during the Uruguay Round  multilateral trade negotiations, Nicaragua and Colombia submitted a joint application to transfer  their shares of the tariff quota for imports to 1995; whereas the agreement of the Contracting  Parties and the transfer were confirmed by Commission Regulation (EC) No 703/95  (7); whereas, for  effective implementation of this transfer in the second quarter of 1995, a period for submitting  applications for import licences in respect of bananas originating in Colombia should be laid  down;
Whereas, the maximum quantity for which such licence applications may be submitted should be set  taking account of the indicative quantities fixed by Regulation (EC) No 480/95 and the applications  accepted at the end of the application period running from 8 to 14 March 1995; whereas Council  Regulation (EC) No 478/95 on additional rules for the application of 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 applies;
Whereas, for administrative reasons, the final date for the issue of the licences for the second  quarter of 1995 laid down in Commission Regulation (EC) No 439/95  (8) should be postponed;
Whereas this Regulation should apply immediately to permit licences to be issued as quickly as  possible;
Whereas the Management Committee for Bananas has not issued an opinion within the time limit laid  down by its chairman,
Import licences shall be issued under the tariff quota for the import  of bananas, provided for in Articles 18 and 19 of Regulation (EEC) No 404/93, for the second  quarter of 1995:
(a)  for the quantity indicated in the licence application, multiplied by reduction coefficients of  0.4611, 0.7876 and 0.6145 for applications indicating the origins 'Dominican Republic`, 'Côte  d'Ivoire` and 'Others` respectively;
(b)  for the quantity indicated in the licence application where the application is for a quantity  of 150 tonnes or less.
1.  Pursuant to Article 2 (2) of Regulation (EC) No 478/95, new licence applications  or, in the case of operators established in Austria, Finland or Sweden, new applications for  authorization to import bananas originating in Colombia in the second quarter of 1995 may be  submitted within 10 working days of the publication of this Regulation, up to an overall limit of  21  120 tonnes.
2.  The operator in question may not submit an application for a quantity greater than the maximum  quantity set for the second quarter of 1995 by Article 2 of Regulation (EC) No 480/95 and Article 1  of Commission Regulation (EC) No 479/95  (1) in the case of operators established in Austria,  Finland or Sweden, with account being taken of the licences or authorizations to import which have  already been issued to him for that same quarter.
3.  The Member States shall inform the Commission of the quantities for which applications pursuant  to paragraph 1 have been submitted within three working days of the end of the time limit set in  paragraph 1.
4.  The Commission shall determine, where appropriate, the percentage reduction to be applied to  each application.
The quantities for which licence applications may still be issued in respect of the  second quarter of 1995 are laid down in the Annex hereto.
In Article 2 (2) of Regulation (EC) No 439/95, '28 March 1995` is hereby replaced by '7  April 1995`.
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.