Commission Regulation (EC) No 349/2002
of 25 February 2002
amending Regulation (EC) No 896/2001 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community
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 organisation of the market in bananas(1), as last amended by Regulation (EC) No 2587/2001(2), and in particular Article 20 thereof,
Whereas:
(1) Commission Regulation (EC) No 896/2001(3), as last amended by Regulation (EC) No 2351/2001(4), lays down detailed rules for implementing Regulation (EEC) No 404/93, to apply from 1 July 2001, with a view to the management of the tariff import quotas provided for in Article 18(1) of the latter Regulation.
(2) Article 18(1) of Regulation (EEC) No 404/93, as amended by Regulation (EC) No 2587/2001, amends the tariff import quotas from 1 January 2002. In particular it reduces tariff quota C by 100000 tonnes and reserves access to it for products originating in the ACP countries. As a result of those amendments, it should be borne in mind that the structures of the trade in products originating in the ACP countries feature greater integration of the various commercial operations, which are carried out to a large extent by traditional operators as defined in Article 3(1) of Regulation (EC) No 896/2001. In order to ensure the continuity of import flows and at the same time to allocate non-traditional operators a share of tariff quota C that enables them to continue their activities in this trade and in order to foster sound competition, the allocation of tariff quota C among traditional and non-traditional operators should be adjusted and Article 2 of the abovementioned Regulation should be amended accordingly. The new allocation should correspond more closely to the operations actually carried out by each of the two categories of operators over the last three years.
(3) The Annex to Regulation (EC) No 896/2001 lists the authorities competent in the Member States to issue licences for importing bananas from third countries. Following notifications from several Member States, that Annex should be amended.
(4) This Regulation must enter into force immediately in view of the time limits laid down in Regulation (EC) No 896/2001.
(5) The Management Committee for Bananas has not delivered an opinion within the time limit set by its Chairman,
Regulation (EC) No 896/2001 is hereby amended as follows:
1. Article 2 is replaced by the following: "Article 2
1. Tariff quotas A and B as provided for in Article 18(1)(a) and (b) of Regulation (EEC) No 404/93 shall be made available as follows:
(a) 83 % to traditional operators A/B as defined in Article 3(2) of this Regulation;
(b) 17 % to non-traditional operators A/B as defined in Article 6 of this Regulation.
2. Tariff quota C as provided for in Article 18(1)(c) of Regulation (EEC) No 404/93 shall be made available as follows:
(a) 89 % to traditional operators C as defined in Article 3(3) of this Regulation;
(b) 11 % to non-traditional operators C as defined in Article 6 of this Regulation."
2. The Annex is replaced by the Annex 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.